Robert Bonetto

Jean Claude Michon

Modularity And Associated Tools As A Mean To Master Quality Of Complex Embedded Systems

Keywords: failure propagation, dysfunctional process management Issues management, change management, project management…

In line with its focus on quality, RENAULT has settled a special action plan to answer the burst of complexity of engine management systems : EMS 2010. It will allow us a very high mastery of complex systems' development with limited efforts in term of development time or development costs. This will enabled us to concentrate our forces on the benefits for our customers. Its development has been supported by our main engine management systems' suppliers and especially the CONTINENTAL company. The basic feature of EMS 2010 is a modular architecture. This architecture is answering functional and dysfunctional requirements, and takes into accounts the constraints of embedded real time applications. The main objective is to answer all our vehicle line-up technical definitions with a limited number of versions of standardized modules. These modules have a standardized interface and adapt themselves to several parameters thanks to a particular mechanism. The second objective is to have standard modules of code that can be re-used on all our engine management electronic control units (ECU). The modules are hardware independent, thanks to specific coding rules, and are "plugged" on the basic software of ECU. The key element is our shelf that records our modules, and all the data linked to their development and their validation, allowing a high level of mastery in their development. The basis of the shelf, is a configuration management tool ; it manages the different versions of the modules but also their automatic adaptation to vehicle and engine technical definition. It supports also the development processes of our modules and is structured according to our architecture. Some specific tools are linked to this configuration management tool, so as to master the important features or development processes of our modular product :

• Architecture : data flows verification , real time operation, specification rules • Dysfunctional operation :

Introduction

The car market is experiencing a very strong competition and a significant increase in customers' expectations. A first consequence has been a very important increase of the performances of internal combustion engines, inducing a very quick development of the capacity of the engine electronic management. The engine is operated on very precise conditions, to optimize its efficiency, increase its reliability, ease its reparability and reduce its emissions at the same time. It requires the computation of a lot of information, coming from many sensors, and a very significant number of adjustable parameters, requiring many actuators. A second consequence is the multiplication of models and versions of cars, sold in different countries, with different regulations. This has also an impact on engine management systems, which have to comply with many different requirements. Thus, the complexity of the embedded software has been multiplied about tenfold during the last ten years. As far as RENAULT is concerned, the mastery of electronic management system has historically been a point of high interest. In line with the company focus on quality, a major objective of RENAULT contract 2009, RENAULT has settled a special action plan to answer the burst of complexity of engine management systems : EMS 2010. Its development has been supported by RENAULT main engine management systems' suppliers and especially the CONTINENTAL company, that has been our main partner for this project. BOSCH and VALEO have also largely contributed. First objective of the plan is the mastery of quality, despite the increase of complexity. Second objective is to reduce the development cost for a given level of complexity. We will see later how we have been able to achieve at the same time this better quality with limited development costs. This plan had two main axis :

• Mastery of complexity thanks to a structured architecture. This architecture should allow confinement in order to identify and limit the impacts of changes. It also should increase the standardization of the different elements of the architecture • Implementation of rigorous processes, adapted to an industrial production.

We will now focus on the first one, the architecture.

Functional architecture

RENAULT, as a major engine manufacturer, designs with a combined process its engines and the way the electronics has to operate them : this allows the best optimization of the complete powertrain.

The strategies to operate the engine are the core of what we call the Engine Management System (EMS).

In order to master these strategies it is important to give them a clear, logical and strong structure. The first principle that has driven the design of our architecture is that the functions should be spread in different layers, with a progressive abstraction of the hardware.

• first layer makes the abstraction of the different sensors or actuators of the system enabling the upper functions to be little sensitive to changes of type of sensors or actuators.

• second layer deals with subsystem operation such the realization of a given Exhaust Gas Recirculation valve section or a given throttle opening.

• third layer deals more with the physics of the engine. It will realize the operating conditions of the engine : decide the EGR rate, the air flow.

• The upper layer decides the torque that the engine as to deliver, taking into account all the needs (driver, losses, air conditioning, transmission, stability control…).

From this structure it is clear that elements are allowed to exchange information if they are in two consecutive layers or on the same layer. The other flows are generally forbidden.

This structure has enabled us to limit the dataflow between modules thus implementing a strong confinement between the elements of the architecture.

The next question was, how to implement this functional architecture in our EMS.

An EMS is first a set of electro-mechanic and electronic elements (sensors, actuators, wiring and the Engine Control Unit) that we procure from suppliers, according to our requirements. Then, in the Engine Control Unit (ECU) runs a software (SW). In this SW we can distinguish according to our point of view two main parts.

• basic SW: it implements the services necessary to run the applicative part and to operate hardware resources (operating system, communication services and sensors and actuators' drivers) • applicative SW, running the strategies that pilot the engine. We have seen that we have structured these strategies according to several layers. This structure has been enforced in the applicative SW through modules. The module is the smaller element of the architecture. It has its own functionality. In the applicative software the modules are grouped in 95 sub-functions and 16 functions, according to their functionality. We have also developed an interface between our applicative standard software and the basic SW we buy from each supplier. The main purpose of this interface is to « adapt the impedances » between our standards and the supplier's one.

Development process

How to develop an engine management system, taking advantage of our architecture ?

• First we have produced a shelf of modules with the structure of our architecture. In each compartment we find one module of specifications (Matlab Simulink models), the associated C-code, the elements allowing the use of the module on a platform and the important design documents such as the validation reports. All the elements are of course under configuration management. • From the project specifications we identify the modules we have to create or to modify, according to our architecture, taking as a constraint to minimize the impacts on existing modules • The models are designed and validated through several means, including simulation (Model In the Loop) or rapid prototyping. We have implemented specific modular design rules, that are checked with a specific tool. • The models are coded by suppliers. We check the compliance of the code with our modular coding rules in order to guaranty the code independence to the hardware and the respect of our architecture. Then the functionality of the code is validated. For the modules that benefit of a MIL validation we automatically check that the code behavior is the same as the model's one with a Software in the Loop tool. For new innovative functions, a specific process has been defined (Upstream V). At the very beginning of this process is an analysis of the impact of the introduction of the new function. Thus the modified architecture is defined in order to minimize the impacts in terms of modifications on functional and dysfunctional data flow, number of impacted modules, and complexity of modifications. The result of this analysis is an optimized (from architecture This technical process has to be managed. A single centralized entity, composed of functional architects has the ability to make decisions about architecture changes. The main responsibilities of this team, as keepers of standard architecture, are:

• Evaluation of different solutions for new functions and final choice • Decision making regarding minor architecture changes requested by the projects • Management of specification rules (as part of the architecture) and the associated verification tool. Due to their skills and knowledge of architecture, this team is also involved in different tasks for industrial production of software such as global dataflow control, or real time global architecture building. These tasks are described later in this paper. This way to manage introduction of new functions enables also different business models for the development of these functions:

• In house development • Delocalized development in another RSA technical center • Subcontracting • Purchase of already developed function In any case, the early definition of modules and associated MIDs gives a very high level of confidence for plugging (integration) of the new function in the architecture.

Another very important feature of EMS software is the reconfiguration management ( shift to degraded or fail-safe modes) in order to guarantee the mastery of safety and availability. The management of failures is based upon a dysfunctional architecture, consistent with the modular functional architecture. The principle is simple: each important functional dataflow has an associated Validity Level Indicator (VLI). Each module has to react according to the validity of its inputs, and to propagate the failure indication by the setting of appropriate VLI for its outputs. The input modules, close to hardware and OS generate VLI according to electrical and functional diagnosis. Intermediate modules generate VLI according to their VLI inputs, and final setpoint elaboration modules choose the best degraded or fail-safe mode. A global evaluation of this dysfunctional architecture is made, using the appropriate tools to :

• Check the global consistency of local and global degraded or fail-safe modes • Identify lacks in the specifications, for diagnosis and compliant treatment or generation of VLI. Of course, all these mechanisms are based upon :

• FMEA for each component of the system, identifying the possible origin of failures • A global system FMEA to assess the coverage of failures against system objectives, for the whole system.

Software industrial production

Software industrial production is based on a tool managing the shelf : input in the shelf for new modules, and output for EMS software production.

In order to understand the extent of complexity for shelf management, we have first to comment the origin of technical diversity. The main axes for diversity are:

• Major Technical Definition features: Gasoline, Diesel, NoxTrap, … These big options are managed through branches of architecture. Nevertheless, the architecture has been designed in order to maximize commonalities for example between Gasoline and Diesel, and a significant number of modules are common (see example later).

• Vehicle architecture. For example, different families of vehicles have different on CAN messaging system. Again the architecture has been designed in order to minimize the impact of these differences. • Minor Technical Definition features. The main examples are: use of a sensor or use of a model for some parameters, different types of sensors for the same physical parameter (Threshold measurement or continuous measurement). The mechanism used is option integrated in a module. For the designer of a software system, the available choices are: o Select an option at design time. In this case, only the selected part of the module will be embedded in the final product. o Delay the selection and embed all options. In this case, the code for all options is embedded in the final product, and the applicable option is chosen by a configuration calibration.

• Legal aspects: OBD is the best example.

Options are depending on local regulations. EMSET integrates of course the classical services functions to manage the usual life of software objects : issues management, change management, project management. But the main goal of EMSET is to provide the two main functions described below.

The first main function of EMSET is dedicated to module development with :

• Check of specification rules, by a dedicated tool (These rules are part of architecture, and their configuration is also managed by EMSET) • Specification validation, based upon models, by a dedicated tool (MIL) • Check of coding rules, again by a peripheral dedicated tool. Coding rules are very important to insure portability of modules on different hardware platforms.

• Code validation, using the model already developed for specifications validation • Check of VLI use and production.

The second main function of EMSET is dedicated to software design (integration of on the shelf modules), with :

• Ability to choose the modules composing the product In order to illustrate the nature of these checks, we will describe a tool used for Dysfunctional Consistency Checking. Each module producing an output with VLI specifies the different possible values and their meaning. Each module using an input with VLI requires the different possible values it needs (with their meaning).

The consistency between a producer of information and all consumers is recorded in a LNA (Level Needs Adequation). This LNA can change, or not, when the version of a module changes. So, a simple analysis of LNA enable to check the consistency between two versions of modules, from a dysfunctional point of view. This tool is used:

• For the choice of a module version at design time • For a global check of the product, after the selection of all modules

Conclusion

The EMS 2010 project is now in its final phase. At least one version of each module is present in our shelf. This enables us to build the applicative software for the first projects that will be released soon.

Let us take now an example. One of these projects will be a diesel engine equipped with a particulate filter to fulfill the next emission regulations with a very good fuel efficiency.

The applicative SW of this project contains 150 modules. These modules have been coded by the three partners of the project, CONTINENTAL, BOSCH and VALEO.

We can distinguish 4 categories of modules • Interface modules : these modules are generally very simple also rather numerous.

There could be a way to withdraw the need of this interface : standardization of interfaces for powertrain sensors and actuators. We are currently working in Autosar 10.2 group in this objective. • Specific modules, linked to the specificity of application • Common modules for all RENAULT diesel engines • Common modules for all RENAULT gasoline and diesel engines A fifth category does not appear on this scheme : the modules that are common for all our gasoline engines.

Today, these modules are used by more than ten main projects running in parallel. For each module, the lessons learned resulting from the number of configurations, number of test scenarii, accumulated kilometers on vehicles are greatly increased compared to traditional scheme of development, giving us a further enhancement in the mastery of quality that is a constant focus for the company. The same modules are running on 4 different ECUs coming from 3 different suppliers and using 3 different microcontrollers. This is a proof of the validity of our concepts, but also this will give to the workshops a standard behavior of all of our range of engines, increasing the efficiency of the maintenance and easing the reparability, in line with our concern of giving our customers the best available cost of ownership. The re-use process reduces also our development effort and duration. It allows us to concentrate our efforts on the added value for our customers of engine management system's strategies, such as the introduction of new solutions to limit the environmental impact of our vehicles.

  ) set of modules, defined by their external interfaces, and empty at this stage.The key technical object for this operation is the Module Interface Definition (MID) containing for each module :• Information linked to technical diversity management • Inputs, Outputs (functional flow) • Dysfunctional interfaces and local fail-safe modes • Scheduling • Other features under investigation, such as Functional FMEA (Failure Modes and Effects Analysis) for the module.

Physics Sub System Sens. Act. Smart Realization (consigne & limitations) Supervision: Target torque determination I/O Drivers SENSOR SUB System Parameters SENSOR Models System Parameters Presentation Layer Ex: Tq losses LIMITATIONS TORQUE REQUESTS TORQUE SET POINT SYNTHESIS Torque Setpoint Implementation SUB Systems Setpoint Implementation ex:MAFsp Actuators Setpoint Implementation ACTUATOR SENSOR Driver ACTUATOR Driver

  • Hardware platform. The code of the majority of modules is portable, and identical for different hardware platform. But the interface with OS and vendor specific low level functions is not portable.

	• Precise matching and tuning for a vehicle:
		calibrations (for configuration of modules
		and	for	adaptation	to	engine
	thermodynamic). • And of course module version management.
	The tool used for shelf management is named
	EMSET	for	Engine	Management	System
	Engineering Tool. Basically, it is a standard
	configuration management tool, customized for the
	specific framework of EMS2010 project. It is linked to
	task dedicated business tools, for module input and
	software output.
	The basic object in EMSET is the module with :
	• Specifications • Module Interface Definition (MID) • Code • Models for specification and code validation • Results of validation, … • All these elements are versioned.

•

  Ability to choose for a module:

	o The version, according to technical
	definition, level of functionalities,
	validation level, …
	o The options for technical definition
	options: embedded or not … • Support for consistence analysis for the
	chosen modules.
	This last item deserves a larger comment. The
	number of possible combinations of modules,
	including configuration options and versions does
	not enable a comprehensive management of all
	these combinations. Our choice is:
	• Beforehand,	a	partial	preliminary
	management of consistencies between
	modules (versions included) limiting the
	possible choices.
	• Consistency checks of the set of modules
	composing the software product, afterwards.
	The main checks are:
	o Functional dataflow consistency (no
	input or output pending, …)
	o Dysfunctional		management
	consistency (propagation of failure
	messages)
	o Real time management consistency
	(usage of events or recurrences)

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Ana Gendron
email: anagendron@orange.fr

The challenges of access to water and the right to water (legal pluralism, indigenous rights)

Introduction

Glaciers and paramos dominate the Andean Cordillera's inter-Andean valleys. These constitute high altitude reservoirs generating abundant and regular flows. This resource has been widely used since the Spanish conquest by means of a series of hydraulic infrastructures. Traditional irrigating systems have structured the organization and use of land. However, this hydraulic heritage has been increasingly difficult to maintain and manage, while tensions the water have been developing with the increase and diversification of needs, the availability of the resource has, meanwhile, been decreasing due to the melting of glaciers and the recent exploitation of paramo, which have been jeopardizing their storage and regulation capacity.

The analysis of the mythical stories of the Kayambi communities of the Northern Andes highlights the importance of the geographical environment and more particularly its aquatic component. The hydrographic network appears as a mythical and ritual reference point, as an essential element in the life of the Andean populations.

Among these stories, that of the Gigante midiendo las lagunas tells the story of a giant who, going from lake to lake, traces the hydrographic network of this northern part of the Ecuador. On this route, the lakes and rocks are proof of the presence of mythical heroes in the distant past 1 .

Since colonial times, the complexity of the dynamics of land appropriation and access to water resources has had an impact on the redefinition of social relations. These are the result of a series of amalgamations and interactions involving the Kayambi culture itself, those of other indigenous groups and those of the white and half-breed people.

Throughout its history, the peasant resistance of these regions has been confronted with the legal and political immobility of colonial and then national society. Today, processes dictated by liberal economic standards are in conflict with community rights. This conflict is expressed in the confrontation between public policies and their legislative translation with mythical and ritual speech acts but also with Kayambi's specific institutions.

In 1990, the Indian protest movement revealed that the social balance supposedly oriented towards economic and industrial development was only an illusion and led to major constitutional changes that opened a period of profound change at all levels of Ecuadorian society. The Constitutions of 1998 and 2008 formally recognized Indians and their communities as economic and political actors.

In this context, anthropological analyses lead to legal questions. The question of land and water resources is at the forefront of these issues. While the lack of land forces the comuneros to dispose of their livestock or to leave them in the paramo lands whose fragility can hardly stand this activity, production of roses has continued to grow. As such, communities and Trabaja, trabaja, trabaja, año entero. Al año entero ya dizque llego la hora ya. Al año entero dizque dentro, el día que ha dentrado, ese día dizque le manda sacando. Ahí en el cerro Cayambe, dizque hay una ventana, ahí dentro del cerro, por esa ventana dizque le manda toda la noche que camine, dizque salió a esa loma de Canamvalle, allá atrás a lado del río Pizque, ahí dizque hay una ventana. Ahí en esa loma de Cananvalle. Ahí dizque ha salido esos dos jóvenes, entonces dizque dice [...] Camina, camina, de ahí saliendo, dizque salen para arriba a Cayambe. De Cayambe dizque han sido los jóvenes. Entonces dizque dice, ya dizque llega a la puerta [...] Dizque dice, tan, tan, a la puerta, golpea [...] Abra la puerta mamá, dizque dice. -No, ha de ser mi hijo. -Mis hijos son perdidos, un año entero que se perdió, no son de aquí. Abra la puerta ligero mamá, yo soy su hijo. Aquí me vengo, trabajando. Ya nos soltaron del cerro, se nos llevó, dizque dijo. Entonces, de ver que tanto grito dizque le abre la puerta. De ahí, dizque abre la puerta, hecho cunco, todita la barba, todito el pelito de la cabeza hasta la cintura. Entonces, al fin y al cabo, solo le reconoce por la carabina, por el arma y la mochila. Entonces han sido los hijos. Luego al otro día de mañana, dizque se va a la peluquería, ahí dizque le quita la barba, le quita el pelo, ahí dizque le reconoce bien la mamá. Cierto ha sido, mi hijo, dizque dice. Dizque le ha mandado pagando, la señorita ninfa del cerro, al que paso jugando con ella, dizque le pago a cinco naranjas, a cinco plátanos, una papaya y una piña, oro pues oro. Vuelta al que paso trabajando no más, a él ca vuelta a cuatro dizque le pago. A cuatro naranjas, cuatro plátanos, y una papaya pequeña y una piña pequeña no más. Con ese orito, dizque cambió, con eso dizque llego a tener casita, más terrenitos, más vaquitas de leche, más borreguitos, más chanchitos, con esa platita ya dizque llegaron a tener otra casita más, y así. Muy buena dizque es la dueña del Cayambe, lo malo que tiene es que cuando juegan, cerro con cerro, trae moscas. Cerro con cerro juegan, el Pichincha con el cerro Cayambe. La noche al oscurecer o más de nochecita reflejan unos rayos, así juegan [...] Eso, ha sabido ser la claridad del oro, la pelota de oro dizque es así. Dizque dice, nosotros hombres, somos bien aseados. Ganamos osos, ganamos tigres, ganamos leones, ganamos bastantes conejos. Voz solamente ganáis, solo moscos, solo moscos, desaseada cochina, dizque le dice al cerro Cayambe. Desaseada cochina, así no vale para almuerzo ni para merienda no vale, nos hacis dar moscas. Por eso ha de ser que los moscos, llenan del todo, cuando gana los moscos. Bueno de repente, muy de repente, cuando tiene suerte, dizque gana conejitos. Ahí dizque hay por esos pajonales, acá abajo por las quebradas». Ezequiel Andrango, San Esteban Community, August 2008. resource managers negotiate the use of water by flower companies. However, the amendments to the constitution, approved in 2015, deny them this role.

Peasant agriculture represents between 60 and 80% of agricultural production units and the 2008 Constitution establishes food sovereignty as a strategic objective. Nevertheless, the refusal of public authorities to put in place an economic model that is not focused on marketing and in which the subsistence economy can develop has led indigenous and peasant organizations to put in place collective strategies to meet the new challenges they face at the local level.

At the center of these strategies, Minga, is an important Andean institution. It is a space of interactions that allow communities to solve community problems while guaranteeing autonomy from the State. It has enabled the construction of important irrigation and water distribution channels in the communities, as well as the application of work to recover the paramo, a geographical area important not only for its resources but also for its symbolic value.

While local gobiernos, community assemblies, juntas de aguas, become mediators in the regulation of access to resources and conflict resolution, the legal framework must adapt to actions under indigenous jurisdiction. It is in this perspective that the declaration of August 30, 2018 of the Secretaría Nacional del Agua (SENAGUA) established the Territorial Jurisdiction of the Kayambi People as a territory with a water reserve. This first community water protection area in the country, extended on about 1000 ha, will be managed by kayambi people2 .

Our contribution aims at identifying the developments faced by the Andean communities of Northern Ecuador in their attempt to answer the many questions raised by access to water and its management. It attempts to highlight the processes of integration, or even disintegration, that are played out around legal and anthropological objects.

Water resources: the integration of legal objects by the Andean communities

According to FAO, the amount of water available in all hydrographic systems in Ecuador is 432 km3/year. There are 31 river systems in the country, 24 of which belong to the Pacific side, with a total area of 124,644 km2 (49%) and 7 to the Amazonian side, with an area of 131,726 km2 (51%). These river systems are simultaneously divided into 79 river basins: 72 basins belong to the Pacific Ocean slope, part of which belongs to the coastal areas with 123,216 km2 (48%) and another part to the surrounding island territories covering 1,428 km2 (1%). These basins bring water to 88% of the population. Seven basins belong to the Amazon basin with 131,726 km2 (51%) and 12% of the population.

Annual water consumption in the country is 9,700 Hm3, irrigation at 82%, domestic use at 12.3% and industrial use at 5.6%. Ecuador's net irrigable area is about 3,000,000 ha, of which 93% is in the Pacific Basin and the remaining 7% in the Amazon Basin. Of the total irrigable area, only 560,000 hectares are irrigated. This represents 30% of the Ecuador's cultivated area. Private irrigation covers about 460,000 ha. (83%), while 108,000 hectares of crops are irrigated by public systems; 88% of irrigation beneficiaries are smallholders, using between 6% and 20% of the available water; while 1% and 4% of the number of beneficiaries, landowners use between 50% and 60% of the available flows. The problem is not the lack of resources but their unequal distribution.

The Tabacundo irrigation canal, for example, which crosses the San Esteban community, benefits only the lower part. In 2006, the communities benefiting from the canal's water wanted to obtain the right to manage this resource by themselves.

Built in 1900 to serve the communities, the Tabacundo Canal, was initially managed by the Tabacundo town council. To be able to pump water from the canal, small producers had to buy the rights of use. Thus, access to water for communities was limited and unequal because the town council gave priority to landowners and flower companies. For this reason, community organizations such as UNOPAC3 , Buena Esperanza and Turucta decided to take legal action to facilitate access to water for communities. Representatives of the organizations broke the locks that prevented access to water. In 2008, the communities finally obtained the right to manage the water of the canal.

Until the early 1980s, in the territory of the Kayambi communities, the paramo was an important source of water supply, but from 1988 onwards the level began to fall and several water points disappeared. For this reason, from that date onwards, the communities were forced to participate in the execution of major water supply works from the springs located in the Cayambe massif and more particularly in the Laguna de San Marcos. Indeed, the Northern part of the province of Pichincha and the province of Imbabura have an important hydrographic network. The work in the form of mingas (farm labor paid in food) took about a year.

San Esteban is one of the communities linked to Kayambi confederation strongly committed for the conservation and restoration of the paramo but, at the same time, criticized because it is one of the few communities to leave animals on permanent pasture there. This apparent contradiction is explained by the lack of land and the fact that after wage labor, the sale of milk is the second source of income for the families in the community4 . Today, one of the main concerns of community councils is soil erosion and the disappearance of water sources. The planting of exogenous species, particularly eucalyptus trees, which absorb a lot of water, and the establishment of numerous companies producing roses for export have further aggravated this situation. For this reason, for several years now, community councils have been working to introduce trees from the area and encourage communities to plant trees.

A Plan de manejo del paramo (management plan of the paramo), has been put into place. It consists in identifying the areas where water sources and grazing areas are located. Since 1997, a campaign to avoid burning the pajonal (scrubland), has been developed. A group of volunteers, called «Urkukama, caregivers of the paramo, the water and the land», travel around extensive kilometers of grasslands, as they are responsible for caring for high elevations, paramos and hills, where the water for the communitys is born. However, despite the actions taken by the community to prevent environmental degradation, the problems can be considered to have worsened due to the activity of floricultural companies, including the excessive use of chemicals that seriously pollute the environment.

Environmental problems have an impact over all on social life but also on the ritual life of communities. The ritual associated with the Fiesta de San Pedro described by Cruz and Lucila Andrango which consisted in leaving the musical instruments in the pagchas 5 , and coming to pick them up a few days later, is no longer practiced 6 .

One of the reasons for abandoning this practice is the disappearance of places conducive to the performance of these rituals.

Until 2008, and although a significant proportion of water services in the rural sector were provided by peasant or indigenous communities, the legal framework in place allowed the concession of water services to transnational corporations. The National Modernization Council (CONAM) using IDB funds manages this process.

In the Constitution adopted in October 2008, the concept of water management radically changed. From now on, access to water is considered an inalienable right. Water has become a national heritage. Considered as a common good of public utility, the resource cannot be privatized and its management is public or community based.

The constitutional text establishes that the human right to water does not only refer to the exercise of access to water for human or domestic consumption. However, it is linked to health, cultural practices, food sovereignty to guarantee the right to food and the rights of nature, in accordance with the mandate contained in articles 66, 71 and 318 of the Constitution.

The Law on Water Resources, Uses and Utilizations of Water entered into force after its promulgation in the Official Gazette No. 305 on Wednesday, August 6, 2014, after having been approved by the National Assembly by 103 votes in favor, 21 against and 6 abstentions. By law, the public domain of water composed of all types of water sources, including public water infrastructure, includes public easements, water protection zones and source conservation and protection restriction zones (art. 13). A set of institutions aimed at improving the governance of this common good is being created. First, a "National Strategic Water System" is set up to ensure the management of processes, entities and instruments for 5 Waterfalls 6 Una sirena había arriba en el cerro, tocaba la sirena bonito, tocaba la sirena y nosotros ca huambras, seguimos donde toca, sabemos ir a ver y no asomaba nada, la sirena. Ya como de aquí, allá, para allasito. Vamos a beber y nosotros seguimos curiosos, huambras, seguíamos para ver. Vuelta otra así mismo había abajo en tierra de mi mujer dijeron […] Otros dijeron que van a dejar la guitarra ahí en la sirena, esa guitarra destemplándola de cuerdas que va dejar, la mala pata, así mismo, había amanecido las cuerdas destempladas A siren was up on the hill, played the mermaid pretty, played the siren and we huh being so young, we continued where it played, we went to see and nothing showed, the siren. In addition, as from here, there, a bit further. We went to drink and we followed sights, we young people, we continued to see. But there was another one on my wife's land [...] Others said that they were going to leave the guitar there where the siren was, that guitar out of tune, that it was this we were going to leave, bad luck, likewise, had driven the guitar out of tune. Interview with Cruz and Lucila Andrango, San Esteban Community, August 2008 organizing and coordinating water management. A Single Water Authority, an Intercultural and Plurinational Water Council, a Regulatory and Control Agency and Basin Councils are also created.

A National Water Resources Plan is also in place to establish water balances, plan hydraulic works and control water conservation and protection factors.

Prior to that, from June and July 2014, Ecuadorian indigenous and peasant movements had organized large-scale demonstrations and roadblocks to protest against President Correa's proposed amendment to the Water Law. The indigenous people accused Rafael Correa's administration of trying to surreptitiously authorize the privatization of water, and of seeking to expropriate the community water management systems (juntas de agua), weakening their rights, to the benefit of the large mining multinationals.

These concerns were based particularly on the provisions of Article 7, which provided for the participation of "private initiative" in the development of sub-processes of public service administration where the competent authority does not have the technical or financial conditions to do so.

Huasipungo and Minga: legal and anthropological objects

Around 1532, with the arrival of the Spanish, the encomienda system was set up and operated in parallel with other institutions such as the obrajes, batanes and gold mining systems. The process of managing land ownership since colonial times has created the conditions for an ever-increasing concentration of land and the consolidation of large property through the hacienda regime. Thus, around 1805, about half of the Indian population was under feudal control. The situation remained the same when the republic was established in 1822. A century later, the promulgation of the workers' law sought to abolish the sharecropping (concertaje) of the Indians. However, the major changes did not occur until 1964 with the promulgation of the Land Reform Act [Grijalva, 2006, p. 35].

From 1975 onwards, the Kayambi drew a line between the paramo and the haciendas. This delimitation is considered as one of the first claiming activities, before the constitution of the community.

The owners of the hacienda to prevent them from entering their estates abandoned the paramo to the comuneros. In the case of San Esteban, this concession was at the origin of the formation of the community. Because, if on the surface the hacienda was generous towards the communities, the problems appeared when the public administration was concerned, since they did not accept to formalize this concession to a group of families not recognized as a community.

For the comuneros, the definitive appropriation of the paramo was the result of a long process and a permanent struggle with the public administration, which at each change of government forced the comuneros to start administrative procedures again. The occupation of the paramo has gradually led to conflicts between neighboring communities over the use of water and grazing land.

After the agrarian reform, on the initiative of the State, several cooperatives existed, but they did not survive. The main reason for the failure of cooperatives is that they did not take the needs of the Kayambi into account [Becker, 2009, p. 216]. The cooperatives, which became the source of conflicts between members, eventually dissolved. The land was divided among the members. Some cooperatives have been incorporated into communities since the 1980s.

In the early 1980s, most analysts had noted the failure of land reform. Agricultural production was insufficient and poverty in rural areas had increased. In 1994, Indian and peasant organizations mobilized to demand a new agrarian reform. The government promulgated a new agrarian development law in August 1994, with the creation of the National Institute for Agrarian Development (INDA). According to Marc Becker and Silvia Tutillo [2009, p. 218], this law put an end to all calls for agrarian reform in Ecuador and established a model for neoliberal economic development. The old huasipungueros became the labor force of the agroindustry.

However, the hacienda system seems to have had a lasting impact on the social, economic and political history of the Kayambi communities. Marc Becker [2009, p. 31] notes that the encomienda, as well as the hacienda and the parish, were designated as political spaces for the christianization and hispanization of the Indians at the same time as these institutions constituted an administrative structure for the forced extraction of labor and taxes.

Despite the precarious living conditions known at that time, it is not uncommon to hear the elders say that they regret the time of the hacienda during which they could access the pastures, glean what remained after the harvest and receive the oyanzas once a year from the owner. The latter, as part of an asymmetrical exchange, organized a meal, gave food and drink and made his workers dance, who, in exchange, gave him their work and their loyalty.

Major changes in land ownership have occurred in recent decades. Several floricultural companies bought the land from the last owners and are transforming the Cayambe area, which was characterized by its high milk production into a floricultural production area. From now on, milk production is taken care of by women and continues to be one of the main sources of income for the family.

Since the 1990s, rose production in Ecuador has grown steadily. In 2012, the flower sector generated about $740 billion in revenues. With its 60,000 mainly female jobs, it is an essential economic and social factor. Many inhabitants of the valleys concerned are no longer forced to migrate to the city. In addition, as the resource manager, the community must negotiate the use of water by flower companies. However, community organizations have now begun to manage rose-growing projects managed by the comuneros.

While in the 20th century, the territorial context of the Kayambi was marked by the transition from the hacienda to the huasipungo regime and by the redistribution of land following agrarian reform, this evolution was also accompanied by the presence on the territory of new actors such as NGOs and companies producing and exporting flowers.

In this context, community institutions have emerged that allow the community as such to function but also act as an interface with external institutions (NGOs, the State). It should be noted in this regard that the San Esteban community was founded at the end of the 1980s to provide access to aid distributed by the Ecuadorian State and international organizations following the 1987 earthquake.

The community (comunidad), in contrast to the comuna 7 , is generally considered as an indigenous specificity, a form of social organization allowing the use of shared resources such 7 The community and the comuna are two distinct forms of rural organization. The comuna is a group of families legally recognized by the Ley de Comunas of 1937. The comuna does not imply the collective ownership of a resource. Currently, the process of transformation from comuna to comunidad, has accelerated as one of the most remarkable of the community is its ability to apply indigenous jurisprudence, to solve internal conflicts. Community is an organizational form most appropriate to the needs and current demands of groups organized in as water resources or other common services that families cannot manage alone (E. Ferraro 2004: 62). In the case of the San Esteban community, with the exception of paramo lands, there is no collectively managed land. However, most of neighboring communities manage water collectively through the juntas de agua.

The community assembly is the decision-making body concerning community aspects. The community assembly, which has the power to delegate, decide and intervene, but whose power of action arises only from the agreement to which the group is able to reach, elects the community president and his board. The group delegates leaders to have the ability to act for them.

The community of San Esteban is part of the Confederación de Pueblos kayambi whose focus is the territorial recognition and recovery of Kayambi cultural identity. This organization brings together approximately 168 communities, all designated as belonging to Kichwa nationality.

In the 1940s, the territory currently occupied by the San Esteban community was part of the San José hacienda, which was divided after land reform in 1964. One year after this reform, the first huasipungos were delivered to the huasipungueros. Thus, began a process of reorganization that would lead to the creation of the San Esteban community, which was located north of Quito, the capital of Ecuador, at an altitude of 3,000 meters with a population of approximately 600 inhabitants. It has a total area of 90 hectares and 170 hectares of paramo communal land. The inhabitants of the community of San Esteban, as well as those of the other communities close to the city of Cayambe, capital of the canton of the same name, which has undergone an accelerated modernization process, due in large part to the presence of floral societies, have also been integrated into this production process.

We will limit ourselves to specifying that the Cayambe region has undergone a singular transformation of its physical, economic and social landscape, from an area dedicated to cereal cultivation, to an area of great dairy importance to become the privileged place for the production of roses for export.

The geographical distribution of families in the community was defined by the distribution of land at the time of land reform, i.e. at the time of the final transfer of huasipungos to each family.

The commodification of land is one of the consequences of land reform. The commercial value of land and its ownership as an asset of production outweigh the social value that, for the Kayambi, is expressed in the special relationship that they have with their natural and geographical environment.

Land reform has not solved the problems of the peasantry. Negative effects such as land concentration by agro-food companies have worsened the situation of communities by reducing access to fertile land.

If at the time of the encomienda and later during the hacienda system, the encomendero and the hacendado could completely dispose of indigenous labor, after the agrarian reform and with the liberalization of land sales, the huasipungueros became the labor force of the new agricultural enterprises. rural areas.

Huasipungo is a land transfer system set up at the beginning of the 18th century by the Spanish. In this system, a piece of land was given to the huasipungueros who, in exchange, had to do a job. Those who did not own huasipungo were called free or sueltos. In general, these were the unmarried huasipungueros's children who were still living with their parents. In addition, Kayambi worked independently in the haciendas. This category of the population was not allowed to use the land in the same way as the huasipungueros.

Huasipungo remained the fundamental mode of agricultural production for Indian workers within the haciendas of Cayambe (Becker, 2009: 58). It seems that for the Kayambi, huasipungo has become a key element of access to genealogical memory and kinship facts. Thus, even if huasipungo has disappeared as a legal form, it remains as a spatial and temporal reference point and therefore constitutes an essential anthropological object.

The San Esteban community includes 12 huasipungos. All constituted according to the same standard structure and initially endowed, in 1975, with an area of between 7 and 10 hectares. Each huasipungo has a founding member called gañan. The number of people who belong to a huasipungo is very variable.

A huasipungo is considered as a territorial unit in which several families reside. Huasipungo can also be considered as a group whose skeleton is constituted by bilateral [Barry, 2008, p. 770] or undifferentiated filiation, which is supposed to include the descendants of the founding couple of huasipungo.

As a rule, all huasipungos are linked to each other. Alliances are made through marriage and spiritual kinship. The links between huasipungos ensure the exchange of goods, services and sometimes people between these entities.

The exogamy practiced in huasipungos, allows creating and maintaining alliances with other huasipungos. In this way, a network of relatives and allies is created, with whom one can count on if necessary. Thus, for the accomplishment of the Minga or certain rituals it is necessary to activate the family networks existing between the huasipungos.

The Minga is an important Andean institution. It is active in different contexts where compromises and agreements are always present. The Minga, indisputably linked to the kinship system, plays an important role within the social system. It allows us to identify the different forms of exchange and opportunities that, through the compromises established, create social ties. It is also a space for interaction that allows communities to create new collective forms and solve community problems while guaranteeing autonomy from the State.

Changes in the social and productive life of the Kayambi have changed the forms of organization and the division of labor within families. However, the Kayambi continue to base their relations on developed principles of mutual assistance and solidarity.

The Minga is the most obvious expression of mutual aid and solidarity within the community and domestic groups. It ensures the availability of work force but also a more or less egalitarian redistribution of human and material resources.

Legal and anthropological objects: integration or disintegration?

The transformations of the Ecuadorian economic and socio-political context linked to the crisis of the 1990s, the disengagement of the State, dollarization, as well as the new Constitutions of 1998 and 2008, have directly affected the Kayambi.

The drastic reduction in the resources allocated to development projects is in contradiction with the fundamental principles set out in Ecuador's constitutions. It highlights the paradoxical position of the State, which, on the one hand, abolishes material aid granted to indigenous populations and, on the other, seeks to guarantee the preservation of their cultures, recognizes their "collective rights" and claims to base their development on "ancestral knowledge and customary law" with a view to revitalizing cultural identity and Andean world view [2008 Constitution].

Faced with the State, which no longer has the means to provide concrete assistance to indigenous communities, but grants them unprecedented legitimacy by promoting their cultural specificities and ancestral knowledge as invaluable resources of the nation, the Kayambi, political actors, can base their collective action on their mythical and ritual speech acts. Those that are precisely recognized by the Constitution as «ancestral knowledge», speech acts that persist and interact, constantly adapting to reproduce the different rituals, which together form a system, and are absolutely necessary for the Kayambi to continue to recognize themselves as such.

With regard to water resources, their preservation and use, indigenous communities must be able to integrate the legal developments that are theoretically favorable to them as soon as they constitute progress in terms of public easements, water protection zones aimed at conservation and resource protection, maintenance of ecological flow, basin protection, restoration and protection of ecosystems, etc. In particular, they must be able to make their voice fully heard in the Basin Councils.

For these communities, the legal approach, however important it may be, cannot account for the intertwining of rules and practices relating to the preservation and use of water resources with the other social norms that social groups are constantly renewing by keeping their community institutions alive. Such as the Minga and their mythical and ritual speech acts that are themselves very intertwined. Law and anthropology can contribute together to the pursuit of this objective.

The constitutional reform that has been in place since 1998 has not yet provided specific responses to indigenous peoples. In addition, since the movement generated in the 1990s, we have entered a period of political revival of peasants and indigenous peoples, in search of ethnic rights based on justice and inclusion. This forces governments and society in general to recognize cultural diversity. Through their new elite, indigenous peoples emerge as protagonists constantly negotiating and questioning the institutional terms of the Ecuadorian nation.

So it is necessary to think about the definition of a plural legal model that integrates at the same level the specific legal practices of indigenous peoples with the legal culture of the Nation-State.

The Declaration of Water Reserve to the Territorial Jurisdiction of the Kayambi People, reinforces the actions that communities, water boards and organizations have been developing for the care of moors and water. According to the organizations, this declaration will allow debate and generate public policies for the conservation of natural resources, mainly water, in the face of the threats of loss of flow, contamination, mining and commodification, which in the future would put at risk the Human Right to Water contemplated in the Constitution of the Republic.

Federación de organizaciones populares de Ayora y Cayambe

However, nowadays the profitability of the dairy activity has significantly reduced, because of the fall in the price of the product, in part due to the illegal entry of milk from neighboring Colombia. Families now seek other alternatives to compensate for the loss of income. In several communities, some of the families have opted to reconvert their farmland or sell their animals, to become small producers of flowers. The informality of the working conditions within the flower generates constant flows of unemployment, this has led to the Kayambi Confederation to reflect on this issue and has promoted small projects family, urging residents to use the knowledge acquired in the flower greenhouses.

Abstract

The challenges of access to water and the right to water (legal pluralism, indigenous rights)

The analysis of the Kayambi communities' mythical stories of the northern Andes highlights the importance of the geographical environment and more particularly its aquatic component. Since colonial times, the complexity of the dynamics of land appropriation and access to water resources has had an impact on the redefinition of social relations.

The Constitutions of 1998 and 2008 formally recognized Indians and their communities as political actors. In this context, anthropological analyses lead to legal questions raised by access to water and its management.

For these communities, the legal approach, however important it may be, cannot account for the intertwining of rules and practices relating to the preservation and use of water resources with the other social norms that social groups are constantly renewing by keeping their community institutions such as Minga, Huasipungo alive and the mythical and ritual speech acts.

Keywords: kayambi, huasipungo, minga, communities institutions, Ecuador's constitutions.

Résumé

Les enjeux de l'accès à l'eau et du droit de l'eau (pluralisme juridique, droits indigènes)

L'analyse des récits mythiques des communautés Kayambi met en lumière l'importance de l'environnement géographique et plus particulièrement de ses composantes aquatiques. Depuis l'époque coloniale, la complexité des dynamiques d'appropriation foncière et d'accès aux ressources en eau a eu un impact sur la redéfinition des relations sociales.

Les Constitutions de 1998 et 2008 ont formellement reconnu les Indiens comme acteurs politiques. Dans ce contexte, les analyses anthropologiques conduisent à des questions juridiques soulevées par l'accès à l'eau et sa gestion.

Pour ces communautés, l'approche juridique, aussi importante soit-elle, ne peut rendre compte de l'imbrication des règles et pratiques relatives à la préservation et à l'utilisation des ressources en eau avec les autres normes sociales que les groupes sociaux renouvellent constamment en maintenant en vie leurs institutions communautaires.

Mots clés: kayambi, huasipungo, minga, Institutions communautaires, Constitutions Equateur.