IUCN, the International Union for Conservation of Nature

Co-Chairs: Rosemary Lyster and Marta Rovere

The Specialist Group on Water and Wetlands now comprises approximately 40 lawyers from all over the world.

The Specialist Group on Water and Wetlands now comprises approximately 40 lawyers from all over the world. It has the potential to be a very effective group to work on water and wetlands issues.

In consultation with the ELC, it was agreed in 2006 that the Working Group would draft model water legislation which could be referred to by any country that was seeking to either introduce water legislation or amend its water legislation. A draft Model Water Law document was prepared by Rosemary Lyster and circulated to the group on 12 January 2007. Members of the group were requested to provide submissions by the end of February 2007. Unfortunately, the response by that date was rather disappointing. Only three members of the group responded to the email. Rosemary Lyster then decided to extend the deadline and emailed all members of the group on 15 April 2007 with a request to respond by the end of May 2007.

Marta Rovere made a presentation of the principal issues to be considered in ‘Modern Water Law’, at the CEL Specialists Group meeting in Iguazú. Later she circulated the draft Model Water Law document to the Spanish speaking group, who integrate the ‘Foro de Especialistas de Aguas de Sudamérica’ and are members of the Specialist Group on Water and Wetlands.

Since then, Marta has been working closely with the regional group to  develop responses to the document.

The ELC and Marta Rovere have worked with the expert body on several Water Projects and Expert Forums, where they discussed and made proposals to improve water legislation and water policies.
It is hoped that when submissions have been received it will be possible to incorporate the comments into the draft Model Water Law document and finalize it for distribution to the ELC, CEL and members of the Specialist Group. Subject to funding, the report may be sent to a legal drafter to have the principles contained in the document written up as a Water document, which could also be translated into Spanish.

It may be necessary for the Commission on Environmental Law to examine ways to encourage greater participation within the Specialist Groups. For example, this Specialist Group example shows that small, regional working groups can produce good outcomes.

Expecting responses by email may not always be the most effective way of keeping members engaged and also accountable. The Commission should expect that people who are appointed to the CEL and the Specialist Groups will actually contribute to the work of the Specialist Groups. After all, it is a prestigious appointment to belong to the CEL.

In another activity of the group, Rosemary Lyster and Marta Rovere both provided comments on the draft water law of Costa Rica, as requested by the IUCN Regional Office for Mesoamerica (ORMA). This is a good example of how the principles incorporated in the draft Model Water Law can be used to assist with the analysis of how to improve a country’s draft Water Law.
Finally, in early October, Marta Rovere, Alejandro Iza and Sheila Abed presented the outcomes of an IUCN project on glaciers during the II Latin American Congress on National Parks and other Protected Areas held in
Bariloche, Argentina.