The Right to Water: Indigenous Struggles in the International Legal Framework

Since ancient times, water has been viewed as a sacred and essential element in Indigenous cultures in the Americas. For many of these communities, water is not only essential for survival but also has significant spiritual and cultural value. It is recognized for its healing and purifying properties, as well as its connection to nature and ancestors. Caring for water and its responsible use are key concepts in Indigenous traditions, which have maintained a balanced relationship with nature throughout the ages.

Furthermore, water plays a crucial role in the ceremonies, rituals, and diverse cultural practices of Indigenous communities. It is seen as a gift from Mother Earth and an essential resource in daily life, agriculture, fishing, and hunting. Therefore, safeguarding and conserving water are issues that transcend natural resources; they are related to respect for the cultural and spiritual legacy of Indigenous peoples.

Today, Indigenous communities are intensifying their struggle for water protection due to the excessive extraction of natural resources, environmental pollution, and the privatization of water sources. These issues directly threaten their physical, cultural, and spiritual survival, provoking mobilizations and protests in defense of their territories and ancestral rights.

The United Nations (UN) recognized the right to water as an essential human right in 2010 through Resolution A/RES/64/292. This recognition highlights the importance of equitable, safe, and affordable access to safe drinking water and sanitation as key factors for living with dignity and health. In the case of Indigenous communities, this right is even more significant because it is closely related to their cultural identity, worldview, and way of life.

The international legal system recognizes that Indigenous communities have the right to participate in decisions that impact their lands and natural resources, including water. This concept, found in the UN Declaration on the Rights of Indigenous Peoples, highlights the need to respect, safeguard, and ensure the cultural and territorial rights of these peoples with regard to water.

In this way, Indigenous peoples' defense of water is more than simply access to essential resources; It also involves issues of justice, independence, and respect for their rights as a collective. Water protection has become a significant cause in the pursuit of territorial sovereignty, the maintenance of biodiversity, and the safeguarding of the inherited culture of Indigenous peoples, in an environment where pressure for resource extraction and unsustainable development is ever-increasing.

The battle of the Standing Rock Sioux people against the Dakota Access Pipeline in North Dakota, United States, became emblematic of the Indigenous struggle to protect water and their sacred lands. The pipeline's construction jeopardized access to drinking water and posed a risk of contamination for the Standing Rock Indian Reservation. The Sioux, along with their allies, organized peaceful protests and established resistance camps for several months, capturing global attention and sparking a dialogue about Indigenous sovereignty and environmental conservation.

This battle was not limited to the defense of water but also focused on safeguarding the cultural and spiritual traditions of the Sioux community. Through legal actions, protests, and mobilizations, the Sioux managed to temporarily block the pipeline's construction, highlighting the need to consult and honor the rights of Indigenous peoples in projects that impact their lands and resources.

The event at Standing Rock demonstrated the unity among different Indigenous nations and their capacity to mobilize to safeguard water, considered a source of life and essential in Indigenous worldviews.

In Mexico, the Yaqui tribe has had a long struggle to protect their territorial rights and access to water. The construction of the El Novillo Dam in Sonora has negatively affected the Yaqui River, essential to the tribe. The lack of prior consultation and land dispossession have led to tensions and resistance within the Yaqui community.

The Yaqui tribe's struggle for access to water has included legal actions, peaceful mobilizations, and conversations with authorities to ensure the protection of their natural resources and ancestral lands. The defense of water represents not only a matter of material sustenance, but also of cultural identity and Indigenous worldviews, visible in the ongoing resistance of the Yaqui tribe.

The Yaqui tribe's struggle highlights the importance of recognizing and respecting Indigenous peoples' territorial rights and access to water, as well as the need to establish mechanisms for consultation and free, prior, and informed consent for projects that impact their communities.

In Chile, the Mapuche community has led multiple battles to protect their lands and natural resources, including water. The privatization of water resources and the exploitation of ancestral lands have generated disputes between the Chilean state and Indigenous communities, especially the Mapuche community.

The Mapuche struggle for access to water resources has been evident in the recovery of lands, opposition to destructive projects, and the protection of rivers and lakes, which are essential to their life and culture. The Mapuche worldview views water as a sacred and fundamental resource that needs to be cared for and maintained for future generations.

The Mapuche's demands for recognition of their land rights and access to water have caused conflict with Chilean authorities and private companies, highlighting the need to ensure that Indigenous peoples are involved and consulted in decisions that impact their well-being and connection to the natural environment.

The UNDRIP is an important document that recognizes both the collective and individual rights of Indigenous peoples, including their right to water and other natural resources. This international agreement affirms that Indigenous peoples have the right to conserve and safeguard their traditional resources, which includes fair access to clean and safe water for their domestic, cultural, and ceremonial use.

Furthermore, the UNDRIP gives Indigenous peoples a voice by recognizing their right to participate in decision-making regarding their territories and resources, allowing them to influence the management and protection of water and other natural resources on their ancestral lands.

International Labor Organization (ILO) Convention 169 is another important international legal framework that protects the rights of indigenous peoples, including their right to water. This convention establishes that governments have the obligation to consult and collaborate honestly with indigenous peoples to obtain their free, prior, and informed consent on issues that impact their communities, such as access to water and water resource management.

In addition, ILO Convention 169 recognizes the right of indigenous peoples to be involved in planning and decisions regarding the use and control of natural resources in their territories, providing them with a solid legal basis to defend their water-related rights.

The American Declaration on the Rights of Indigenous Peoples is a legal agreement that recognizes the rights of indigenous peoples in the Americas, including their right to water and the protection of natural resources. This document emphasizes the importance of respecting and preserving the traditional knowledge of Indigenous peoples in the sustainable management of water and other resources, as well as their participation in decisions related to these issues.

By recognizing and supporting Indigenous peoples' rights to water, the American Declaration on the Rights of Indigenous Peoples contributes to strengthening these communities' struggles for water and ensuring their fair access to this resource essential to their life and culture.

Climate change is another major issue for Indigenous communities regarding their access to water. Changes in the climate, the increase in extreme events such as droughts and floods, and altered rainfall patterns are directly impacting the availability and quality of water in several areas where Indigenous Peoples reside.

The impact of climate change on access to water has sparked concern and urgency in these communities, who see their water security and their ability to continue their traditional practices and way of life threatened. Lack of water, contamination of water sources, and the struggle for scarce resources are some of the challenges Indigenous communities face in a context of rapid and unequal climate change. 

Given this circumstance, it is essential to implement specific actions to reduce the effects of climate change on water availability for Indigenous communities, in addition to promoting the adaptation and resilience of these populations to environmental impacts. The defense of Indigenous peoples' water rights must be a priority in policies and efforts aimed at addressing climate change and ensuring the sustainability of natural resources.

Extractive initiatives, such as mining, the oil industry, and deforestation, significantly affect Indigenous lands and these communities' access to water. These activities generate contamination of water sources, environmental degradation, and affect aquatic ecosystems, threatening the water and food security of Indigenous peoples.

The impact of extractive projects on Indigenous territories has caused conflict and resistance on the part of the affected communities, who perceive a threat to their territorial, cultural, and environmental rights. The extraction of natural resources in these regions has resulted in a lack of access to clean, potable water, in addition to the impact on traditional customs and knowledge linked to the sustainable management of water resources.

For Indigenous communities, the protection of their territories and natural resources, including water, is fundamental to their survival and dignity. Opposition to extractive projects on Indigenous lands is linked to the struggle for autonomy, self-determination, and the preservation of the cultural identity of these peoples, who seek to protect their lands and water sources for future generations.

Indigenous communities in various regions of the world have used international pacts and treaties to support their struggles in defense of water. Instruments such as the United Nations Declaration on the Rights of Indigenous Peoples have been crucial in elevating the position of Native peoples in the defense of fundamental resources such as water.

By referring to these international legal frameworks, Indigenous peoples can support their territorial claims and their right to manage water resources sustainably. The strategic use of these agreements has strengthened Indigenous communities' arguments and legitimized their demands at the local, national, and international levels.

The relationship between Indigenous communities' water struggles and international legal norms highlights the importance of cooperation and support among Native peoples at the global level for the protection of an essential resource such as water.

Today, numerous Indigenous communities have implemented water management projects based on their traditional knowledge and sustainable practices. These community-led initiatives aim to ensure the availability and quality of water for current and future generations.

Through the implementation of projects that focus on community engagement and respect for the Indigenous worldview, these communities have managed not only to improve access to drinking water, but also to conserve aquatic ecosystems and promote equity in the use of this resource.

These initiatives demonstrate how Indigenous communities not only resolutely defend their rights to water, but also become agents of transformation by seeking viable solutions to the water challenges they face.

Faced with increasing stress on water resources and Indigenous territories, Indigenous Peoples have formed alliances at the local and international levels to strengthen their capacity to defend water. These collaborations can be formed between several Indigenous communities or in partnership with NGOs and social movements, joining forces to protect and conserve water as a shared good.

The creation of intertribal and international alliances has allowed Indigenous communities to exchange experiences, tactics, and resources to address common challenges in water protection. These support networks are essential for amplifying the voices of Indigenous peoples in decision-making spaces and giving visibility to their struggles at the global level.

In an environment influenced by water scarcity and climate variation, such collaborations become increasingly important to ensure the conservation of a resource essential to existence on Earth and to support the rights of Indigenous communities to its fair and sustainable use.

Within the framework of Indigenous water demands, international cooperation is essential. Over time, we have observed how various Indigenous communities have collaborated to protect their right to access and use of water. The unity between Indigenous peoples, NGOs, and social movements has been fundamental in raising awareness of the difficulties they face and in pressuring governments and international organizations to take concrete action.

International cooperation is not limited to offering moral and political support; it also takes the form of activities such as awareness-raising campaigns, fundraising for water access projects, and diplomatic pressure to ensure that Indigenous peoples' rights are respected. It is crucial to emphasize that solidarity should not only be reactive in the face of crises or conflicts, but must also be proactive, working continuously to prevent future rights violations.

In a more interconnected world, international cooperation becomes an effective tool to strengthen Indigenous peoples' struggles for water and other natural resources. Collaboration between different actors at the local, national, and international levels is vital to ensure that the rights of Indigenous peoples are respected and defended at all levels.

The future of the right to water for Indigenous communities is a key issue on the global agenda. With climate change and environmental degradation threatening the availability and quality of water worldwide, it is crucial to ensure that Indigenous communities have fair and sustainable access to this vital resource.

In this context, it is essential that States and international organizations recognize and respect Indigenous peoples' ancestral water-related knowledge. This ancient knowledge is not only fundamental to the sustainable management of water resources but is also an integral part of Indigenous communities' identity and culture.

To guarantee a future in which Indigenous peoples can fully exercise their right to water, it is necessary to promote policies and legislation that ensure their active participation in decision-making regarding water management. Likewise, oversight and accountability mechanisms must be established to ensure that the rights of indigenous communities are always respected and protected.