Researchers at Africa Water Week call for efforts to “decolonize” and improve water permit systems, so more farmers are encouraged to invest in much-needed irrigation
LIBREVILLE, GABON, October 29, 2018 – Millions of African farmers still face legal restrictions on water access, dating back to colonial times, according to a study released this week. Researchers with the International Water Management Institute (IWMI) and Pegasys Institute reveal the obstacles that smallholders face, including potential legal penalties, due to laws that originated and led to “water grabbing” in the colonial era.
The solution, the authors argue, is to support African governments in “decolonizing” water law through a “hybrid” approach to water use rights. They recommend that permit systems should be maintained but reoriented to regulate large-scale water users (mainly companies) that have a significant impact on other water users and the environment. The hybrid approach would also give equal standing to customary law, which has guided investment in water infrastructure as well as water sharing for centuries, including the colonial period. Consisting of a wide range of rules and practices negotiated locally, customary law still applies to millions of small-scale water users in Africa’s informal rural economy.
“Exclusive reliance on national permit systems has, at least on paper, “criminalized” up to 100 million people lacking water permits in the five countries studied,” said Barbara van Koppen, the lead author of the historical study and a rural sociologist with IWMI, a CGIAR Research Center. “The state cannot reach them because of the logistical burden of granting permits for so many water users.”
Population pressure and increasing water competition in a changing climate require us to take stock of the availability and use of water across scales. Water availability not only influences farmers’ commercial prospects but also irrigation-related enterprises and agri-businesses. Greater water scarcity could jeopardize irrigation and agricultural markets while excessive water use can lead to declining ecosystems, water quality and soil health. IWMI advises development partners and the public and private sectors on all aspects of water resource availability and use through a variety of advanced modeling and remote-sensing products and tools, including 
The ability of farmers to engage in or expand irrigation depends on the prevailing socioeconomic, ecological and political contexts, which are often complex, non-linear and changeable. Overcoming systemic barriers to farmer-led irrigation development while taking advantage of existing opportunities 
A lack of affordable credit, particularly for women and resource-poor farmers, is one of the main barriers to expanding farmer-led irrigation in low- and middle-income countries. But 
Scaling farmer-led irrigation requires strengthening human capacity and knowledge exchange among all actors and stakeholders involved. IWMI takes an action research approach, working with national and international research institutions, governments, extension agents and public and private organizations to co-develop the scaling ecosystem and strengthen capacity to drive scaling networks and collective action. We support the