Published
2023-01-31

How to Cite

Padilla Vassaux, D. A. (2023). Contextualizing the water law and the human right to water debates in Guatemala. Análisis Jurídico - Político, 5(9), 65-88. https://doi.org/10.22490/26655489.6645
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Contextualizing the water law and the human right to water debates in Guatemala

DOI: https://doi.org/10.22490/26655489.6645
Section
Artículos producto de Investigación
Diego Antonio Padilla Vassaux Universidad Rafael Landívar

In 2016, there was a renewal on the public debates surrounding the absent water law in Guatemala. The Guatemalan Congress received many law proposals amidst a public opinion outcry because of the socioenvironmental crisis that affects water sources in the country. The fact that the Government hasn´t approved a water law in thirty years, even though the 1985 Constitution demands one, is a flagrant water management issue. It is also an issue of power. This enquiry was based on a need to understand how the human rights to water debate was inserted in this context, the reasons and motives the parties that took part had to affirm the need to regulate on the matter, or, on the contrary, to omit it from the discussions. In this sense, the institutionalization of the human right to water is seen as a political
and social process that reenacts the social and ideological divides that permeate Guatemalan society. The author based this work on a documentary review of the political context of 2016, an analysis of the technical content of a selection of water law initiatives from this ime, and also by carrying out a series of key interviews in order to properly understand the underlying social dynamics that affect the initiatives that push for proper legislation on this matter.