Conflict Resolution and Negotiation Skills for IIntegrated

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Conflict Resolution and Negotiation Skills for IIntegrated

Transcript Of Conflict Resolution and Negotiation Skills for IIntegrated

Conflict Resolution and Negotiation Skills for Integrated Water Resources Management

International Network for Capacity Building in Integrated Water Resources Management

Training Manual
July 2008

Acknowledgements
This training manual has been developed by Larry A. Swatuk, Alemayehu Mengiste and Kidanemariam Jembere who have been active in presenting training courses in various parts of Africa and Asia. The content is has greatly benefited from existing materials and the experience of using the materials in training courses held by Cap-Net Bangladesh, Nile IWRM-Net, WA-Net ArgCapNet, REDICA and LA-WETnet. Simone Noemdoe provided editorial support.
Main material sources used and adapted include:
X Conflict Prevention and Cooperation in International Water Resources by WaterNet, UNESCO and UNESCO-IHE, (http://www.unesco.org/water/wwap/pccp/ sadc.shtml )
X Negotiation and mediation techniques for natural resource management manual developed by the Food and Agricultural Organisation (FAO), (http://www.fao.org/ docrep/008/a0032e/a0032e00.HTM)
Cap-Net would like to acknowledge the various contributions mentioned above as well as the feedback from participants from the various training courses held. Any omission or error is the responsibility of Cap-Net.
These materials are freely available for use, adaptation and translation as desired and can be downloaded from the Cap-Net web site (www.cap-net.org) or requested on CD together with all of the resource materials and Power Point presentations. Please give appropriate acknowledgement to the source when using the materials.

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Conflict Resolution and Negotiation Skills for Integrated Water Resources Management

Overview - Why this Manual?
Conflict is the gadfly of thought. It stirs us to observation and memory. It instigates to invention. It shocks us out of sheep-like passivity, and sets us at noting and contriving … Conflict is the sine qua non of reflection and ingenuity.
- John Dewey (1922; quoted in NOSR, 2007)
Regardless of its origins, the omnipresence of (latent) conflict requires people to manage conflict and to reach agreement. In a way, it can even be argued that most, if not all institutions are systems to manage political, governmental, or judicial opposition and contradiction, that is, are systems to manage conflict. - Netherlands Organisation for Social Research (NOSR, 2007)
Conflict is an unavoidable aspect of human social systems. Indeed, and as framed by Dewey in the epigram above, many argue that conflict is a necessary fact of life, for it is only through struggle that lasting and meaningful change can be brought about. The NOSR (2007) defines conflict in the following way:
Conflict is a process that begins when an individual or group perceives differences and opposition between oneself and another individual or group about interests and resources, beliefs, values or practices that matter to them. This process view can be applied to all kinds of parties – nations, organizations, groups, or individuals – and to all kinds of conflict – from latent tensions to manifest violence.
Given the central importance of water resources to all human communities, it is natural that conflicts arise with regard to access, allocation, development and management of the resource. It is equally clear, however, that necessity is not only the mother of invention, but also the basis for extensive cooperative activities concerning the management of water resources. Thus both conflictual and cooperative behaviours – across time and space and at all levels of human social organization – constitute the norm where water resources are concerned.
It is generally acknowledged that water resources of all types are under increasing pressures from a number of actors, forces and factors manifest in the early 21st Century world (WWDR, 2006). Of particular concern is the way in which sovereign states will deal with increasing (seasonal, absolute, natural, human-made) scarcities in shared river basins. Geography is thought to play a special role, with location in the basin (upstream/downstream) and in the environment (arid/semi-arid ecosystems) regarded as key factors in future water conflict. Global warming is also thought to pose particular challenges to water-stressed societies and communities that must develop mitigation and adaptation mechanisms in order to survive. At the national level, important questions have arisen concerning the optimal use of limited resources. Debates and disputes are now popping up between and among a wide variety of users (e.g., urban/rural; industry/agriculture; humans/the environment, rich/poor people) within and across watersheds, ecosystems, basins, political jurisdictions and increasingly crowded cities.
Given the diversity of needs and interests that surround water, disputes and conflicts over the resource are normal. That is to say, they are to be expected. Not all disputes
Conflict Resolution and Negotiation Skills for Integrated Water Resources Management

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lead to conflict, however; and not all conflicts turn violent. Some fester perpetually beneath the surface and, as with limited access to potable water in many parts of urban areas, are part of settled social relations. However, a change in the setting – such as an unexpected drought or flood, or a change in government policy – can bring long suppressed grievances to the surface.
What is to be done about such events and eventualities? Should we not be prepared? The intention of this manual is to provide the necessary general information and specific tools in a user-friendly way so that any water resource stakeholder may be able to resolve existing or head-off impending disputes in a way agreeable to all parties. The emphasis in this manual is on Alternative Dispute Resolution (ADR), in particular, principled negotiation – an approach that seeks to embed outcomes and processes that will serve sustainable, equitable and efficient long-term social needs.
ADR locates itself within the larger framework of , integrated water resources management (IWRM) now regarded as an important framework for sustainable resource use and management. Within the IWRM framework, Cap-Net, among other institutions, groups and networks, has facilitated a number of Conflict Resolution and Negotiation workshops for water managers in anticipation of impending and/or intensifying struggles over the resource. Each of us has been involved – working separately, together, and as part of a larger team – in the planning and implementation of several of these workshops at national (e.g. Ethiopia Country Water Partnership), regional (e.g., SADC, Nile-IWRMnet and global (combining regions and countries) levels. We have distilled our experiences down into this training manual that will act as a handy resource in the field of conflict resolution and negotiation for IWRM.
References
1. NOSR (Netherlands Organisation for Scientific Research), 2007. Conflict and Security - Final Version. NOSR: The Hague
2. United Nations, 2006. Water: A shared responsibility, World Water Development Report 2. New York and Geneva: UNESCO and Berghan Books.

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Conflict Resolution and Negotiation Skills for Integrated Water Resources Management

Contents

INTRODUCTION

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1. World Water Crisis

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2. A Crisis Of Governance

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3. Transboundary Water Governance

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4. Integrated Water Resources Management

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References

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MODULE 1: INTEGRATED WATER RESOURCES MANAGEMENT (IWRM) AND

CONFLICT RESOLUTION

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1.1 What Is Integrated Water Resources Management (IWRM)?

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1.2 Principles And Key Criteria Underpinning IWRM

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1.3 Tipping Points For Conflict … And Cooperation

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1.4 IWRM and Conflict Management

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References

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MODULE 2: APPROACHES TO CONFLICT MANAGEMENT

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2.1 Managing Conflict

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2.2 Methods Of Conflict Resolution

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2.3 Requirements For Successful Conflict Resolution

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2.4 Staying On Track: The Conflict Process Map

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2.5 Analyzing Conflict

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References

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MODULE 3: NEGOTIATING FOR CONFLICT RESOLUTION

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3.1. Negotiation

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3.2 Approach and Methods of Negotiation

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3.3 The Mediator Approaching The Dispute

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References

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MODULE 4: WATER AGREEMENTS AND MANAGEMENT ARRANGEMENTS

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4.1 Introduction

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4.2 International Rivers

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4.3 National/Local Level Agreements

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References

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MODULE 5: IMPLICATIONS FOR INTEGRATED WATER RESOURCES

MANAGEMENT

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5.1 Introduction

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5.2 Key Issues

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References

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Annexure 1: Sample Cource Programme

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Annexure 2: Tips For Trainers

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Acronyms

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Introduction

1. World Water Crisis

Water is central to human development. The ability to harness water resources for human use has enabled the rise of complex civilizations. Globally, aggregate national water use varies directly with both Gross National Income (GNI) and Human Development Index (HDI) values. Water is both a common and precious commodity. It exists in abundance but is not always located where or when we humans need it. Of course, we have not helped matters. For most of human history, we have had limited impact on the resources around us. With rapid technological and social change throughout the last 500 years, however, our environmental footprint has grown such that we face the greatest challenge yet to human civilisation in the form of global warming. Where water resources are concerned,

From a situation of limited, low-impact and largely riparian uses of water, we have now reached a point where, in many parts of the world, cumulative uses of river resources have not just local but basin-wide and regional impacts. The result is that water resources in many river basins are fully or almost fully committed to a variety of purposes, both in-stream and remote; water quality is degraded; riverdependent ecosystems are threatened; and still-expanding demand is leading to intense competition and, at time, to strife. (Svendsen, Wester and Molle, 2004: 1)

Box 1.1: Water Crisis - Facts
Only 0.4% of total of global water in the world is available for humans. Today more than 2 billion people are affected by water shortages in over 40 countries. 263 river basins are shared by two or more nations. 2 million tonnes per day of human waste are deposited in water courses. Half the population of the developing world are exposed to polluted sources of water that increase disease incidence. 90% of natural disasters in the 1990s were water related. The increase in numbers of people from 6 billion to 9 billion will be the main driver of water resources management for the next 50 years. Source: WWDR 2, 2006

Thus, today it is generally agreed that we face a world water crisis.

Access to water is fundamental to human survival, health and productivity. But there are many challenges related to ensuring the perpetual sustainability of people’s access to water for various purposes. Many development projects have not viewed water within the environment as being an exhaustible supply and the approach was mostly sectoral and non-integrated, causing many pressures on the limited resource. The results of this approach, together with external factors (most notably population increase and climate change) have produced situations where the water source has either run out or is severely

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stressed. Moreover it is resulting in many disasters such as pollution, overexploitation of aquifers, drying-up of springs, floods, and funds wasted on many inappropriate projects.
2. A Crisis of Governance
While an understanding of water resources, their dynamics and limitations on abstraction is considered to be essential to permitting the development of sustainable water management strategies, it is generally recognized that the problems of today and tomorrow are as much a consequence of poor governance as they are of absolute scarcity (see, UN WWDR2, Chapter 2 for details).
Governance is both outcome and process, involving a variety of legitimate and authoritative actors. As an outcome it reflects settled social relations. If it is good, it suggests widespread – if not universal – social approval of its practices. Good governance can never reach an end point; as a process it depends on the reiteration of activities that deepen trust.

Box 2: Water Governance
‘Water governance refers to the range of political, social, economic and administrative systems that are in place to develop and manage water resources, and the delivery of water services at different levels’ (Rogers and Hall, 2003).
According to the authors of the UN World Water Development Report 2 water governance has four dimensions:
A social dimension concerned with ‘equitable use’; An economic dimension concerned with ‘efficient use’; An environmental dimension concerned with ‘sustainable use’; and A political dimension concerned with ‘equal democratic opportunities’.
Each of these dimensions is ‘anchored in governance systems across three levels: government, civil society and the private sector’. To realize ‘effective governance’, the UN Report proposes a checklist that includes the following:
Participation; Transparency; Equity; Effectiveness And Efficiency; Rule Of Law; Accountability; Coherency; Responsiveness; Integration; and Ethical Considerations.
The absence of some or all of these practices has resulted in ‘bad’ or ‘poor’ governance, a simple definition of which is the inability and/or unwillingness to alter patterns of resource allocation, use and management despite clear evidence of resource degradation, uneconomic behaviour and abiding poverty and social inequality (UN, 2006: 49)
Source: World Water Development Report 2, 2006

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3. Transboundary Water Governance
Complicating the issue further is the fact that most of the planet’s people live within one of the estimated more than 300 river basins shared by two or more states (Milich and Varady, 1999). These basins cover more than 45% of the earth’s surface, and ‘of the 145 states occupying international river basins, almost two-thirds (92) have at least half of their national territory lying in an international basin, and more than one-third (50) have 80 percent or more of national territory in an international basin’ (Conca, 2006). Given that sovereign states arrogate to themselves the right to develop resources located within their territory, and given that water is fugitive – so not respecting international political boundaries – as demands for water increase across communities, states and sectors, the likelihood of conflicts over water increases.
4. Integrated Water Resources Management
Avoiding or minimizing the negative affects of physical and human-induced resource scarcity ‘will require institutional innovations that allow focusing simultaneously on the goals and tradeoffs in food security, poverty reduction, and environmental sustainability’ (Molden, 2007: 62). Such a perspective has now crystallized in the concept Integrated Water Resources Management (IWRM), within which conflict resolution is regarded as an important tool.
References
1. Conca, K., 2006, Governing Water: Contentious Transnational Politics and Global Institution Building. Cambridge, Mass: MIT Press.
2. Milich, L. and R.G. Varady, 1999. ‘Openness, Sustainability and Public Participation: new designs for transboundary river basin institutions’, Journal of Environment and Development, 8:3, 258-306.
3. Molden, D., et al, 2004, ‘Phases of River Basin Development: the Need for Adaptive Institutions’, in M. Svendsen, ed., Irrigation and River Basin Management: options for governance and institutions, (Cambridge, Mass: CABI).
4. Rogers, P. and A.W. Hall, 2003. Effective Water Governance. TEC Background Papers 7. Stockholm: Global Water Partnership.
5. Svendsen, M., P. Wester and F. Molle, 2004, ‘Managing River Basins: an Institutional Perspective’, in M. Svendsen, ed., Irrigation and River Basin Management: options for governance and institutions, (Cambridge, Mass: CABI)
6. United Nations, 2006, Water: A Shared Responsibility. World Water Development Report 2. New York and Geneva: UNESCO and Berghahn Books.

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Module 1: Introduction to Integrated Water Resources Management (IWRM) and Conflict Resolution

Learning objectives
To describe the meaning and main principles of IWRM and demonstrate its relevance for managing conflicts. To describe the various tipping points for conflict and cooperation on water resources.

Outcomes
The participant will have a clear understanding of: The link between IWRM, conflict and conflict management; and The relevance of conflict management skills.

Skills
The participant will be able to: Identify possible entry points to systematically analyse his or her own particular setting through the lens of IWRM; and Perceive conflict resolution from the perspective of Alternative Dispute Resolution (ADR).

1.1 What is Integrated Water Resources Management (IWRM)?

The basis for integrated water resources management is simply the fact that many different uses of water resources are interdependent. That is evident to us all. High irrigation demands and polluted drainage flows from agriculture mean less freshwater for drinking or industrial use; contaminated municipal and industrial wastewater pollutes rivers and threatens ecosystems; if water has to be left in a river to protect fisheries and ecosystems, less can be diverted to grow crops.

“IWRM is a process which promotes the coordinated development and

Box 1.1: Integrated

management of water, land and related Integrated management means that all the

resources, in order to maximize the

different uses of water resources are considered

resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems.” (GWP, 2000)

together. It contrasts with the sectoral approach. When responsibility for drinking water, water for irrigation, for industry and for the environment rest with different agencies, the lack of cross-sectoral linkages leads to uncoordinated water resource

development and management, resulting in

Cap-Net (2005) explains IWRM as a conflict, waste and unsustainable systems.

systematic process for the sustainable

development, allocation and monitoring

of water use in the context of social, economic and environmental objectives.

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That means all the different uses of water resources are to be considered together, taking into account the wide range of people’s water needs. Water allocations and management decisions should consider the effects of each use on the others, and take account of overall social, economic and environmental goals.
Box 1.2: Meaning of Management Management is used in its broadest sense. It emphasises that we must not only focus on development of water resources but that we must consciously manage water development in a way that ensures long term sustainable use for future generations.
That means IWRM recognises the following aspects:
Linkages of landscape to hydrologic cycle: The hydrological cycle is continuously affected by the modification of the landscape due to land and water use activities. Understanding the linkages between the landscape and the hydrological cycle is important for improved water management. Consideration of the hydrological cycle throughout the year is important since water stored in wetlands and aquifers (groundwater reservoir) through recharge during the wet season is the source of base flow in the river during the dry season. Modification of land cover through land use change (e.g., rural to urban, agriculture to urban, forest to agriculture, etc.), encroachment of floodplains and wetlands, and deforestation bring changes in the physical properties of the land surface. These land use activities modify the landscape that brings changes in the infiltration and groundwater recharge processes and surface runoff and sediment transport processes that cause increased flood flow and decreased dry season flow in the river and alteration of the river regime.
Water resources system functions: The water resources system performs a wide variety of functions that deliver goods and services for the society and sustenance of ecosystems. Some of the functions are:
Environmental functions: recharging wetlands and groundwater, augmentation of dry season flow, assimilation of wastes, etc.; Ecological functions: providing soil moisture for vegetation, providing habitat for fish, aquatic plants and wildlife, supporting biodiversity, etc.; Socio-economic functions: supply of water for domestic use, agriculture, industry and power generation, providing conditions for navigation, recreation & tourism, etc.
IWRM takes into account not only the financial and economic costs and benefits of water management decisions, but also the social and environmental costs and benefits. Ignoring these functions in water management decisions can have large impacts on economies, the environment and livelihoods.
Interdependence of land, water and ecosystems: Many land uses are dependent on water availability and influenced by water related hazards while land uses bring modification in the water regime. Availability and quality

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