Water Ownership and Access Rights in Malawi: Customs, practice and statutory laws

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Water Ownership and Access Rights in Malawi: Customs, practice and statutory laws

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Title: Water Ownership and Access Rights in Malawi: Customs, practice and statutory laws
Author: Kafakoma, Robert; Silungwe, Chikosa
Abstract: This report serve to answer some of these key questions which relating to traditional practices or customs regarding ownership and access to local or nearby water resources in rural areas; government laws governing ownership and use of water resources; effects of decentralisation on ownership, access and allocation of management responsibilities; and the Ministry of Water Development’s strategy, guidelines as they relate to the statutory laws and customary practices. The research carried out in October and November 2003, focused on Phalombe and Thyolo districts which are the impact districts of COMWASH. However, the research team interviewed people from Mulanje, Zomba and Salima. The team also interviewed individuals from both government and NGOs at district regional and national levels. The research has revealed that the demand response approach to rural water supply will strengthen ownership and sustainability of the water projects in the rural area. Community ownership of the water schemes and points will definitely reduce the heavy load on the government since all the repair and maintenance responsibilities of the water schemes will rest in the hands of the rural people. The policy framework is conducive to the community based management of the water resources but the rural communities are not fully aware of the framework. For the communities to fully own the water facilities, they need to form village level institutions that are legally constituted under the laws of Malawi. It will be a biggest challenge for all the village level institutions such WPC, branch committees and scheme committees to be legally constituted. As a starting point, the scheme committee are well placed to transform into legal entities constituted by law.
URI: http://www.ndr.mw:8080/xmlui/handle/123456789/642
Date: 2003-11


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