Annexes
Shari’ah
Law
See
Customary
rights
Constitution
Civil
Code
Water
Law
#The
Water
Law
encourages
decentralization
and
community
participation
#An
officially
registered
WUA
is
a
prerequisite
for
participation
in
irrigation
management
#The
WUA
provides:
a.
self-‐regulation
and
enforcement
of
groundwater
rights
b.
implementation
and
management
of
ground
water
schemes
Framework
Quantity
and
quality
protection
measures
Customary
&
See
Civil
Code
#the
recognized
custom
for
distance
between
deep
well
is
500m
Traditional
Rights
Shari’ah
Law
See
Civil
Code
#the
pollution
of
water
is
prohibited
by
Shari’ah
but
knows
not
further
specifications
Constitution
Civil
Code
#Several
provisions
in
the
Civil
Code
stem
from
customary
rights
and
Shari’ah
law
such
as
#Consideration
must
be
given
to
the
separation
distance
from
a
neighbor’s
property
(art.
1181)
#owner
of
a
pre-‐existing
water
sources
such
as
a
well
may
construct
protection
area
around
the
well
(art.
1185)
Water
Law
#The
NWRA
has
the
power
to
protect
water
sources
from
pollution
and
depletion
(art.
46,
54)
Framework
Conflict
settlement
procedures
Customary
&
#Systems
applied
in
enforcement
Water
Law:
a.
Judiciary:
often
lack
capacity
and
is
Traditional
Rights
lengthy
b.
Arbitration
#legal
arbitration
#custom
tribal
arbitration:
commonly
used
in
rural
areas.
Starts
with
village
aqil,
followed
by
sheiks
or
court
Shari’ah
Law
See
Customary
Rights
Constitution
See
Customary
Rights
Civil
Code
See
Customary
Rights
Water
Law
See
Customary
Rights
Framework
Enforcement
Procedures
Customary
&
Traditional
Rights
Shari’ah
Law
Constitution
#Special
courts
are
often
established
by
Authorities
such
as
the
president
Civil
Code
Water
Law
#the
staff
of
the
NWRA
has
the
status
of
judicial
enforcement
officers
(art.
64)
The Political Economy in Yemen of Water Management: Conflict Analysis and Recommendations
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