Ecuador has taken the first steps towards defining the scope of its constitutional provisions to protect the human right to water. Ecuadorians are currently engaged in a National Constituent Assembly process by which the nation's constitution will be revised. One expected outcome of this effort is the constitutional definition of the human right to water for all Ecuadorians, with special attention to the rights of the poor.

Under the Constituent Assembly process, any citizen can attend the on-going forums taking place in various cities around the country and make her voice heard. Each forum centers on a particular constitutional provision under revision.

I attended one of the numerous forums addressing water. The discussion focused on how to characterize the right to water (as a human right, a communal right, or an economic right), how to protect the environment while doing so, and a plan for development. I was struck by the power of this democratic process and the stamp of legitimacy it placed on the outcome. In the discussion group I observed, indigenous farmers, women, and youth were all vocal participants. The facilitator was even elected to her post. No one can question that the results of these meetings represent the will of the people.

The process works in this sequence: after the discussion group comes to a general consensus on the proposals they would like to present, the facilitator summarizes the group’s comments and presents them to the Assembly at large. After all the forums are completed, the elected facilitators will compile all of the proposals and these will be used to hammer out the final wording of the constitution.

The forum was in Portoviejo and the offices of UUSC partner Mi Cometa are in Guayaquil. On the drive back, we passed miles and miles of flooded land. Many people have been displaced or are simply living in a swamp. Ironically, one consequence of the flood damage is the lack of clean water to drink. It has to be brought in on trucks. The gap between policy and reality opened before me.

Ecuadorians hope that the legitimacy of this comprehensive and democratic process will compel Interagua, a subsidiary of the American corporation Bechtel, either to leave the country or improve its services. They also hope that the government will be invested with sufficient leverage to require these improvements. I too am hopeful.