Chapter
10:
Findings
The
legal
system
is
pluriform
and
disjointed:
contradictions
exist
between
the
various
sources
of
law
and
legal
references
(formal
law,
traditional
law,
agricultural
traditions),
as
well
as
within
the
formal
body
of
law.
There
are
contradictions
between,
on
the
one
hand,
the
Civil
Code
and
the
traditional
rights
(which
are
broadly
in
line)
and,
on
the
other,
the
Constitution
and
the
Water
Law
(which
are
in
line).
The
legal
analysis
showed
that
legal
and
institutional
framework
for
the
water
sector
in
Yemen
is
susceptible
to
internal
conflict;
values
and
principles
presented
in
the
legal
sources
are
divergent.
With
the
adoption
of
the
Water
Law
an
attempt
has
been
made
towards
conversion.
Nevertheless,
what
can
be
assumed
from
reviewing
the
Water
Law,
Civil
Code,
Constitution
and
traditional
customs
and
rules,
is
that
conflicts
will
arise
when
the
law
is
applied
and
when
parties
invoke
these
conflicting
legal
provisions.
A
negative
consequence
of
fragmentation
is
that
this
often
leads
to
contradictions
between
approaches
in
the
regulatory
framework,
which
is
likely
to
decrease
the
possibility
to
resolve
conflicts
in
practice.
A
positive
implication
of
the
fragmentation
is
that
the
pluriformity
of
conflict
settlement
mechanisms
allows
stakeholders
to
jointly
select
legitimized
mediators/arbitrators,
which
creates
possibilities
to
settle
conflicts
without
violence
in
a
context
where
different
stakeholders
distrust
many
local
and
national
authorities.
Parties
may
look
at
for
instance
which
institution
is
likely
to
provide
them
with
the
outcome
they
prefer
and
approach
this
institution.
For
example,
the
application
of
Water
Law
apparently
differs
per
case,
according
to
the
need.
This
is
caused,
amongst
others,
by
differing
interests
and
a
lack
of
knowledge
on
formal
legislation
in
Water
Law
and
Civil
Code.
Clarity
and
practicality
of
provisions
The
Water
Law
is
ambiguous
and
full
of
loopholes.
For
example,
the
law
indicates
that
water
cannot
be
transferred
outside
a
specific
area
unless
for
drinking
use.
The
head
of
NWRA
Ta’iz
finds
it
difficult
to
assess
and
monitor
such
water
transfers,
and
to
determine
for
which
purpose
it
is
transpored,
which
is
subject
to
manipulation.
Secondly,
a
provision
in
the
Water
Law
provides
that
anyone
who
carries
out
illegal
drilling
can
be
fined.
However,
punishments
in
the
law
are
not
strong
enough
to
prevent
people
from
committing
violations
according
to
participants
of
the
stakeholder
consultation
workshop.
The
law
indicates
as
punishment
that
a
fine
should
be
“no
more
than
200.000
rials”
or
a
prison
sentence
that
“does
not
exceed”.
The
owners
of
the
well 0