Water laws in the Andes: A promising precedent for challenging neoliberalism

We critically analyze the major legal contradictions and tensions in Bolivia, Colombia and Peru that suggest post- and counter-neoliberal alternatives. First, certain alternatives indicate a break from neoliberal principles based on relational ontologies (that avoid divisions between nature and culture as well as between individuals and communities). Such breaks include the statement that water is a common good or a common resource for the benefit of all, the goal to re-establish the human connection with nature, and support for a water provision system based on reciprocity, community and cooperative principles. Second, additional proposals that can be characterized as counter-neoliberal oppose neoliberal means or outcomes, such as proposals for more equitable water allocation or inclusive participation mechanisms for decision making. Both counter- and post-neoliberal alternatives also find much resistance in water laws; however, they do represent progressive alternatives that reach state laws and challenge neoliberal conceptions of nature.