Can bylaws can be an effective tool for securing tenure as a collective as well as for individual members?

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I am looking for options of securing rights of the collective groups and individual members to collective resources such as water (tanks, ponds, etc), common land or invisible resources such as sub-surface or deep aquifers.

One of the tool seems to be village level bylaws to manage the collective resources.

Request for members to share your thoughts, examples and papers if any.

Regards

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5 Answers

  1. In some countries like in Kenya, the Water and Forest Acts provide for community level institutions to be part of the management of manage common pool resources like water and forests. This does not grant them tenure but could provide opportunities to deepen the land tenure debate. Innovations like rewards and/or payments for ecosystem services could provide the opportunity for the formulation and adoption of bylaws to collectively secure tenure. The Sumberjaya conditional land tenure (adopted as part of an ICRAF IFAD-funded RUPES programme), as an example for reward for ecosystem services is a good example that you can learn from. There are a number of other attempts like in the Pro-Poor Rewards for Environmental Services in Africa Programme (PRESA). Wishing you the very best in your research. Thomas Yatich, Nairobi Kenya.

  2. Some countries have a law that permits communities to secure the right of access to water sources owned by private parties. This law can be enforced (with fair compensation in general for the owner) . However the law is not enough. Local governments ( municialities) ar often loath to apply the law especially when th owner of the water source is a powerful landowner or cattle rancher.

    Gilles Corcos, Agua Para La Vida

  3. Yes, at least for maintaining the collective Resources live and protected, the ownership of all water resources should remain with neighbourhood collective groups. Because the Rights and Duties are the two facets of same coin.

    Hence, such region specific bye-laws (to be approved eventually by competent authority, just to avoid misuse) might definitely help the units of Resources. Such Bye-Laws should be coupled with effective minitoring mechanism too.  

    Thanking All.

    Regards

    Nripendra Kumar Sarma

    Guwahati, Assam, India

    3 Comments

    1. I do think that it might be helpful. Neighbourhood ownership can facilitate necessary maintenance of water bodies and thereby to protect them form being degraded through polluting environment / anthropogenic activities. For this, the arrangement might be to form local users / neighbourhood group with representatives elected democratically (not through Govt sponsored election, but in an open meeting among the community) from the neighbourhood localities. For Beels, as referred by YOU, such responsibility might be bestowed on the local team of fishermen, who are totally dependant on the Beel for their livelihood. Also for a stretch of a River, the Riverbank Community should be empowered to ensure the meintenance of the same. If necessary, Govt. may consider necessary Registration of such Groups under Society Registration Act, to make them more accountable and responsive for such activities. Thanks and Regards.

       

    2. In most of Africa, bylaws alone are not a enough without a strong sense of community. That is, for any resource bylaws to succeed, they  should consider the culture of the people and their way of life. I can make further comments if I know the sociopolitical context of your question.

  4. This may not be the answer you are looking for! It has been my experience in the 27 countries I have worked in that the more legislative efforts that are made to mange people and resources takes you further away from solving the problem at hand. "You manage machines, you lead people".  To be a good leader get the facts. Start with science,,,,, Then apply the physical characteristics of (in this case water) to the current situation. (social).  When you follow the rules of nature you will be surprised how inexpensive and long term your solutions really are.

    1 Comment

    1. Appreciate your views when you say "You manage machines, you lead people". Also, we have learnt the hard way that when we follow the rules of nature, the solutions are inexpensive and are for a long term.  What I am looking at is the tenacity of the bylaws as a tool for communities to manage themselves and have evidences to stake a claim over the resources, when such a situation arise.

      1 Comment reply

      1. Thank you for explaining the situation so eloquently. In western culture we call this type of decision making " being caught between a rock and a hard place". When it comes down to a final action" it is a "Mexican standoff". Each has a social resource (GUN) to the others head. Both have the power to make or take the life of the other.  I am confident if you had access to inexpensive modern technology that would solve multiple social difficulties you would not pursue mans laws but the laws of nature. When you have the time look up the Bhopal Community Composting, Gardening, and Farmers Market. Project was to be built on the Union Carbide Accident site. Projected food output was 22,5 million pounds a year. Rain water (clean) collection (more info required) Apx 20 million gallons of water a year. The pilot program in the worst place in the entire country would be acceptable in places not as bad off as this horrific historical place.  Blessing on you, your people, and most especially on your efforts to help your neighbors.

  5. The short answer is “no”. Water rights, and the rights of members flow from two key source documents - the articles of incorporation or a charter mechanism. The other is a Declaration which is recorded with the local Clerk & Recorder’s Office. Both enable the authority to create not just bylaws but rule and regulations regarding members and common property to the organization, such as water.

    1 Comment

    1. Completely agree to your views. Processes for officially recording the declaration is good. But in many cases where such mechanisms do not exist, what could be the ways for communities to regulate themselves and the use of the resources? What would be the mechanism for intra village checks and balances?