The Acess to water

an analysis based on case Lhaka Honhat vs. Argentina in the Inter-American Court of Human Rights

Abstract

Access to water must be universal and equitable, however, the dispute for this economic good can give rise to the violation of the rights of traditional communities living around hydrographic basins, since they are not consulted about the exploitation of water in the territory. In these terms, the present work has the problem of investigating compliance with ILO Convention 169 at the national level, especially in the State of Pará, from the perspective of universal and equitable participation of indigenous peoples in the management of water resources. The question is whether there is participation of traditional local communities in the Rio Marapanim River Basin Committee, in the State of Pará? For this, the methodology used involved the deductive method, qualitative and technical approach of bibliographic, jurisprudential and documentary research. The research concluded that even though, in an international context, the current understanding of indigenous property takes into account cultural, ancestral and spiritual aspects, at national and state level, this understanding is subjugated, since these individuals are not part of the composition of the Committee of the Rio Marapanim River Basin and, therefore, do not participate in decision-making regarding the management of water resources.