Showing posts with label water. Show all posts
Showing posts with label water. Show all posts

Fw: Your Paper Makes SSRN Top Ten List

Wednesday, November 28, 2012

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From: "management@ssrn.com" <management@ssrn.com>
Date: Wed, 28 Nov 2012 05:35:24 -0500 (EST)
To: <movanet@gmail.com>
Subject: Your Paper Makes SSRN Top Ten List


Dear Mohamad Mova Al'Afghani:

Your paper, "OPPORTUNITIES AND CHALLENGES IN INTEGRATING COMMUNITY-BASED WATER SERVICES INTO THE LEGAL FRAMEWORK: AN INDONESIA CASE STUDY", was recently listed on SSRN's Top Ten download list for: Natural Resources Law & Policy eJournal.

As of 11/28/2012, your paper has been downloaded 41 times. You may view the abstract and download statistics at: http://ssrn.com/abstract=2175474.

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Opportunities and Challenges in Integrating Community-Based Water Services into the Legal Framework: An Indonesia Case Study

Wednesday, November 14, 2012

 

Mohamad Mova Al'Afghani


University of Dundee - Centre for Water Law, Policy and Science
November 14, 2012

Abstract:
Attempt to regulate community-based watsan services in the legal framework faces considerable challenges. The first is the problem of defining and delienating the boundaries between “community-based” versus the so called “institution-based” (corporate water services). Second is the ambiguity of the concept of “community” and the lack of acknowledgement on community’s rights and previleges under national legal framework. Third, also related to the first challenge, is the potential of overlap between the regimes of corporate water utilities and that of the community based, where inevitably, one might be sacrificed at the expense of another. Fourth is the problem of sanction attached to the by-laws, such as in criminalizing open defecation. The Fifth is the problem of assets types and ownership. There appears to be unclarity on community assets ownership and this could mean that such assets are ownerless which renders it vulnerable to taking or confiscation from third parties. Finally, there is a problem with the national legal requirement to determine a “minimum service standard”.

 

Number of Pages in PDF File: 18

Keywords: water, governance, sanitation, law, legal, infrastructure, environment, public health, policy

working papers series

 

Download Link at SSRN Page.

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The new governor and Jakarta’s drinking water problem

Saturday, October 20, 2012

 

 

(Img credit: The Jakarta Globe)

 

Mohamad Mova Al’Afghani

 

The Jakarta Post, Paper Edition | Page: 7 Opinion | Sat, October 20 2012

 

During the recent Jakarta gubernatorial election, observers and opponents argued that the scale and complexities of the capital city’s urban problems were in no way equivalent to small cities such as Surakarta, where newly installed Governor Joko “Jokowi” Widodo used to serve as a mayor. When Jokowi later has to deal with Jakarta’s drinking water situation, he will realize that there is a grain of truth in this argument.

 

While his predecessor Fauzi Bowo seemed to be focused more on technocratic “grand strategies” to solve the overall water problem, to my knowledge, Jokowi does not have any sophisticated plan. From media interviews we can tell that Jokowi’s emphasis on Jakarta’s drinking water problem will be on quality and affordability i.e. a pro-poor approach. One of Jokowi’s promises during his campaign was to provide access to water for low-income citizens of North Jakarta, either at an affordable rate, or even for free.

But, how can he deliver on such a promise? I shall explain the complexities below.
First, water provision is a natural-legal-monopoly. What this means is that people cannot just extend pipes to a community outside the existing network because the cost of duplicating networks is high. As a result, there are usually only one or two companies serving a particular region. The monopoly is not only in terms of economics, but also a legal one. Every new entrant or operation may have to gain permission from incumbent companies.

Second, there is a trade-off between service levels and network expansion. Suppose that the companies agree to expand the network, with constraints on bulkwater sources, pressure and continuity of supply other areas might be affected. Thus, a part of Jakarta that is currently well-served might become compromised unless the government finds a new bulkwater source.

Third, there are significant costs associated with network expansion to the poor. In addition to capital expenditure on long-term assets, collection rates will become a major issue. Expanding services to low-income citizens means risking either non-payment or increased debt for suppliers. Various researches indicate that the poor have both the willingness and capacity to pay for water services. However, low-income consumers require flexibility in the form of payment-in-arrears or in installments.

Aside from the above points, unless appropriately addressed, the current governance structure of Jakarta’s water services could impede Jokowi’s pro-poor water plan. As we are aware, there are at least three main regulatory actors in Jakarta’s drinking water services: the city-owned waterworks company PAM Jaya, the concessionaires (Palyja and Aetra) and the governor.

The concession works in such a way that PAM Jaya must purchase the volume of water sold by the concessionaire to the consumer. Thus, from the concessionaire’s point of view, aside from constraints on bulkwater sources, they have no objection at all to serving the poor since they will be paid no matter what.
However, PAM Jaya may have objections to expanding the network to the poor, because if the revenue from tariff collection is not enough to cover the cost, then PAM Jaya will have to borrow money to pay the concessionaire. This means that if the poor cannot pay or can only pay in arrears, PAM Jaya will be in debt to the private sector. It is worth noting that at the moment, PAM Jaya already has huge debts with the private sector.

Another consequence of the above system is that PAM Jaya’s debt would reflect upon the concessionaire’s balance sheet and affect its overall financial health. Put simply: connecting to the poor may affect the collection rates, low collection rates means that PAM Jaya would be in debt to the concessionaire and in turn PAM Jaya’s debt to the concessionaire means higher account receivables in the concessionaire balance sheet. If the concessionaires only have high account receivables but lack cash, how can they have enough funds to invest in further network expansion and finance the existing operations and maintenance?

What the above shows is that there are structural disincentives in connecting to the poor. The concessionaire might be able to resort to outside financing for cash that would support a pro-poor program but for PAM Jaya this could be perceived as a liability that put strains on its balance sheet. A direct interventionist approach will also not work in Jakarta because it is legally impossible. Jokowi will soon find out that the governance of Jakarta water services is a complex web of various actors and interests, not only local and national, but also international. The nature of private sector participation with foreign investment means that the corporations investing in water services are backed by international treaties.

Any disputes could provoke intervention not only from the central government, but could also take place through diplomatic channels. This has already occurred in the past.

All of these challenges should not discourage Jokowi from his initial plan to provide services to the poor. There are several things that Jokowi could do to advance his water-for-the-poor program.


He should first address the lack of incentives from regulatory actors in connecting to the poor. Next, he should consult the poor on how they want to be connected to the network. The poor, together with companies and other actors should sit together to discuss the issue. Finally, Jokowi should try to reform the existing legislation which penalizes the poor for late payments.

As I have said, low-income citizens require flexibility in payments but the current legislation restricts this. In order to achieve all this, of course, he needs sufficient support from the Jakarta City Council.

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Review on Indonesian Regional by Law on Community-based Water and Sanitation

Friday, September 21, 2012

Mr. Al'Afghani has recently completed a review of a draft by-law on community-based watsan. The review is a collaboration between dropbydrop, Watsan Working Group of the East Nusa Tenggara Province, UNICEF and the Sikka Regency.


Most of the challenges found are due to ambiguities of the legal framework at the national level. The review highlighted the lack of acknowledgement towards community based watsan in national legislation.

Assets ownership is one of the major issue during the review. Neither the national policy nor the national legislation provide clarification as to the actual owner of the assets. There is a general understanding that the assets "belong to the community" but what "community" actually means is not clear in the legal framework.

One of the aspirations that develops during the review is that the assets should be owned by villages but operated by the communities. The review provide recommendation as to how this could be translated into provisions in a regional by law and also provide solution for ownership arrangements for entities other than villages.

The lack of clarification on assets ownerships would affect the sustainability and security of community based watsan, which is developed mostly through fundings from the World Bank, AusAid and various other institutions.

Some of the findings from the review is currently being discussed at the national level.

For further information please contact dropbydrop's senior water lawyer Mohamad Mova Al'Afghani: mova(at)alafghani(dot)info

Right to Water: Learning from Indonesia’s Struggle

Wednesday, August 1, 2012


By Jackie Dugard, Katherine Drage and Madeleine BĂ©langer Dumontier – July 28, 2012

The privatization of water services over the past 30 years has generated a counter-wave of popular resistance that is still growing strong, with activists at times invoking rights or using litigation to reverse private deals and fight for public provision. On the second anniversary of the United Nations recognition of the right to water, many will put down their swords for a moment to take stock of the efficacy of such legal battles in challenging privatized water services.

The Municipal Services Project research Shields and Swords: Legal Tools for Public Water finds that their success has been mixed, with some legal actions managing to get the right to water written into law or banning private water provision altogether, while others have met with partial success. Among others, it analyzes at length the campaigns that unfolded in Indonesia and draws lessons for other water movements around the world.

Indeed, in 2004-2005 a group of legal aid foundations and NGOs lodged a request for a judicial review of Indonesia’s Water Resources Law widely seen as advancing water privatization, and as contravening the Constitution which establishes that the water sector shall be controlled by the state. Although the Constitutional Court rejected the petition, the litigation did establish various water service regulatory safeguards and conditions, thus creating some space for future action by civil society.

The decision was silent on pre-existing private water concessions, however, which remains a vexed issue.

Jakarta’s resounding call for public water
Some lasting civil society networks emerged from the struggle and continue to mobilize around the right to water and public control over this essential service. On June 10, the Jakarta Globe told the story of the People’s Coalition for the Right to Water (KRuHA)’s year-long effort to access information on Jakarta’s water management, as guaranteed by law. The citizen group is asking for disclosure of data used to calculate water tariffs, such as capital and operational expenditures as well as financial projections.


KRuHA’s request set the scene for a theatrical exchange between private providers and publicly owned PAM Jaya, eachtrying to make the other carry the can for the release of the key documents. PAM Jaya is supposed to be publicly accountable for the concession contracts but has been hiding stubbornly behind a “confidentiality clause” that protects “all commercial and technical information” to justify its hesitancy.


So the citizen group launched legal action in late 2011 to end the deadlock through Indonesia’s Public Information Commission (KIP). In early June 2012, the process entered adjudication. And KRuHA will keep up the pressure.

Legal avenues for reform

In short, litigation campaigns have proven to be an effective way to tap into widespread public opposition to reverse or challenge privatization and, as a counter-strategy, appear to be growing in popularity around the world. Where they have been less successful is in defining alternative models of public water services; this next step will be crucial to ensure that sustainable models fill in the vacuums left by private providers.

These cases demonstrate that privatization can be challenged on its own legal terms, exposing it to closer public scrutiny. But using or creating a new law is only the first step in what must be a longer political struggle to provide genuinely democratic forms of public water provision. As such, legal campaigns must also strive toward building frameworks for regulating, maintaining and monitoring progressive management of services after they become public. For that reason dedicated and committed activism is more critical to the success of campaigns than the legal tools themselves.

Finally, whether or not ‘rights’ frameworks are invoked, pro-public activists derive authority, legitimacy and solidarity in their legal campaigns from the international recognition of the right to water of July 28, 2010. From leftist perspectives there is much debate about whether this vision of law can ever be useful for radical social and economic change, many arguing it is ideologically biased toward the status quo and private interests; as such, legal tools are seen as potentially harmful to radical movements.

Notwithstanding, our research shows that the right to water can be viewed as an enabling framework that, although potentially friendly to privatization, can be used along with other laws to build, mobilize and legitimize campaigns opposed to privatization.

Two resounding victories in Berlin and Italy – two other cases explored in our study –are marking the right to water’s first anniversary at the UN. In Berlin, the city administration recently announced it was buying the shares of private company RWE in the water utility, raising its stake to 75.05% from 50.1%. In February 2011, Berlin residents had voted by a margin of 98.2% after a Berlin Water Table campaign to pass a draft bill to force the municipal administration to disclose secret agreements on the partial privatization of the city’s water services. Some months later, hopes for remunicipalization are coming true.

In Italy, after the Berlusconi government went ahead with its privatization agenda despite a citizen-led referendum that rejected by 96 per cent the proposed privatization of the country’s water supply in June 2011, the Italian Constitutional Court ruled this month to uphold the people’s will to keep water in public hands. The unrelenting efforts of the Forum Italiano dei Movimenti per l’Acqua have no doubt gone a long way to safeguarding what had been gained from hard mobilization work.

Let’s keep building on these foundations, everywhere.

Jackie Dugard is Executive Director of the Socio-Economic Rights Institute of South Africa (SERI) and visiting Senior Fellow, School of Law, University of the Witwatersrand.


Katherine Drage is a former Intern at SERI and is currently an articled clerk at Withers LLP (London).  


Madeleine BĂ©langer Dumontier is Communications Manager for the Municipal Services Project (MSP), a global research initiative that explores alternatives to the privatization and commercialization of service provision in the electricity, health, water and sanitation sectors.

Tapping the water market? The US Water Partnership

Sunday, March 25, 2012

A few days ago Secretary Clinton announced the formation of US Water Partnership. Details are sketchy at the moment but we all know that state’s involvement in water networking is nothing new. Netherlands are quite active through their alliance with the world bank (BNWP), French through Coalition D' Eau/World Water Council and Stockholm through their World Water Week.

 

It seems that the US are now joining those list of states which mobilizes their resources on the water sector. From any angle, politics, economics and technology, the potential is huge. Read more here.

 

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Watercourses Convention Global Symposium ­ Call for papers extension to 29th February 2012

Thursday, February 9, 2012




Global Symposium

The 1997 UN Watercourses Convention – What Relevance in the 21st Century?

 



5th – 8th June 2012, University of Dundee, Scotland, UK

 

Call for papers

 

The IHP-HELP Centre for Water Law, Policy & Science (under the auspices of UNESCO) and WWF will co-organise a symposium on the 1997 UN Watercourses Convention.  The aim of the symposium is to gather together a wide and diverse range of viewpoints from academia, government, international organisations, and civil society,  to debate the existing and potential relevance of this global framework instrument. 

Towards this endeavour the convenors of the symposium are inviting papers on a range of topics related to the UNWC. The organisors would be particularly keen to receive abstracts that explore,

·      the value of a global framework/ regime for the governance of international watercourses,

·          the lessons that could be learnt from the experiences of entry into force and implementation of other global or regional treaty regimes (e.g. Biodiversity, Climate Change, Desertification, Wetlands), and

·      the mechanisms that should be in place to ensure that watercourse conventions are implemented and complied with at the national level.

Paper abstracts of no more than 500 words should be sent to Dr Alistair Rieu-Clarke (a.rieuclarke@dundee.ac.uk) or Ms Flavia Loures (Flavia.Loures@WWFUS.ORG) by 29th February 2012. Abstracts will then be reviewed by a scientific steering committee, and participants will be notified no later than Friday 30th March 2012.

For more information: http://www.dundee.ac.uk/water/unwc/.

The UNWC Global Initiative Symposium will precede the Annual International Law and Transboundary Freshwaters Workshop, which will run from 11th – 14th June 2012 – see http://www.dundee.ac.uk/water/workshop/.  


The University of Dundee is a registered Scottish Charity, No: SC015096

UN Watercourses Convention Symposium - Call for Papers

Friday, December 23, 2011

UNWC Global Initiative Symposium

Co-organised by IHP-HELP Centre for Water Law, Policy & Science (under
the auspices of UNESCO), University of Dundee and WWF

The 1997 UN Watercourses Convention – What Relevance in the 21st
Century?

5th-8th June 2012, University of Dundee, Scotland, UK

Call for Papers

In 1994 the UN General Assembly made the decision to elaborate a global
framework instrument on the law of the non-navigational uses of
international watercourses (UN General Assembly Resolution 49/52).  The
resultant Convention was adopted in 1997 by more than 100 nations. Since
the Convention's adoption over 14 years ago, there has been a
heightened recognition of the numerous challenges humanity faces in
securing water for all, and a widespread acceptance that governance
plays a key role.  However, the legal architecture for international
watercourses remains fragmented, and the UNWC has not yet entered into
force.

In recent years, a coalition of institutions under the general rubric
of the UNWC Global Initiative has come together to examine the
underlying reasons why the UNWC has not yet entered into force.
Additionally, the UNWC Global Initiative has sought to further knowledge
and understanding of the relevance of the UNWC in addressing the
contemporary pressures on the world's freshwater resources. As part of
the activities of the UNWC Global Initiative, the IHP-HELP Centre for
Water Law, Policy & Science in collaboration with WWF will be organising
a global symposium on the UNWC between 5th and 8th of June 2011.   The
aim of the symposium is to gather together a wide and diverse range of
experts from academia, government, international organisations, civil
society, etc, to debate the existing and potential relevance of this
global framework instrument.

Towards this endeavour the convenors of the symposium are inviting
experts to submit papers on a range of topics related to the UNWC.

Further details are available at
http://www.dundee.ac.uk/media/dundeewebsite/water/documents/2012_Dundee_Watercourses_Convention-Call_for_Papers.pdf


International Water Law Scholarship Programme

Monday, November 28, 2011

The Global Water Partnership together with IHP-HELP Centre for Water Law, Policy and Science, under the auspices of UNESCO, at the University of Dundee, is looking to build on their successful 2011 International Water Law Programme (www.dundee.ac.uk/water/workshop), and offer scholarships for 30 participants to undertake a module in International Water Law, in Dundee 11-29 June 2012.

Scholarship recipients are responsible for all travel (to/from Dundee) and subsistence (food/accommodation) costs. GWP is aiming at providing funding for travel and subsistence for a limited number of successful Scholarship applicants. Even though final funding is pending, GWP and the University of Dundee now invite applications from suitable candidates.

Applications will be accepted from 24 November 2011 to 3 February 2012. Successful candidates will be notified at the beginning of March 2012 to allow as much time as possible to obtain visas, additional funding, etc.

The module is aimed at persons working in water resources who wish to acquire specialist knowledge of international water law, especially as it relates to transboundary water challenges in the GWP regions.

Applicants to the joint GWP-University of Dundee IWL Programme should be from GWP Partner organisations and are required to be proficient in English, either as native speakers, or to a standard of an IELTS score of 6.5. A university degree is required in Hydrology, Environmental Science, Law, Agriculture, or related field.

Read more and apply here: www.gwp.org/GWP-Dundee-2012


Anti Privatization Debate, Opaque Rules and Neglected ‘Privatised’ Water Services Provision: Some Lessons from Indonesia

Wednesday, July 20, 2011

Below is my background paper for a conference held at IDS, Sussex University, a few months ago. It is being submitted for a publication, so I may need to withdraw this draft once the paper is accepted. Comments welcome!

Access here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1885726

 Anti Privatization Debate, Opaque Rules and Neglected 'Privatised' Water Services Provision: Some Lessons from Indonesia


Mohamad Mova Al 'Afghani 


University of Dundee - Centre for Water Law, Policy and Science


July 14, 2011


Abstract:      
Out of 100 Articles in the Water Law, only one is dedicated to specifically regulate the drinking water and sanitation sector. Even this one article regulates Private Sector Participation (PSP) very vaguely. The Water Law neither provides clarity on the form of ownership nor the desired regulatory model. The implementing regulation of the Water Law implies that contracts between the government and the private sector will be the desired model, but left no clarity as to how the contract should be regulated.

As a result, there is a major lack of regulation in the water services sector. The idea to retain the ownership of assets while allowing PSP through contracts appears to be a modus-vivendi generated by the privatization debate. However, the contracts are not complemented by higher regulation to safeguard consumer's interest. In many regions, service levels and consumers rights are thus subjected to contractual negotiations to be agreed bilaterally between the authorities and the private sector while citizens are considered only as an auxiliary to the whole process.

Number of Pages in PDF File: 11

Keywords: water, law, privatisation, indonesia, infrastructure, utilities

Working Paper Series

Suggested Citation

Al 'Afghani, Mohamad Mova, Anti Privatization Debate, Opaque Rules and Neglected 'Privatised' Water Services Provision: Some Lessons from Indonesia (July 14, 2011). Available at SSRN: http://ssrn.com/abstract=1885726

Information materials on the human right to water and sanitation

Forwarded Message from IISD Listserve

Information materials on the human right to water and sanitation

 

On the occasion of activities jointly organized by the UN-Water Decade Programme on Advocacy and Communication (UNW-DPAC), UN-Habitat, the UN-Water Decade Programme on Capacity Development (UNW-DPC) and the Water Supply and Sanitation Collaborative Council (WSSCC) at Deutsche Welle Global Media Forum (20-22 June 2011), different information materials on the human right to water and sanitation have been produced. These include:

 

·         A Short Glossary on the human right to water and sanitation which defines frequently used terms http://bit.ly/kimZ4D

 

·         A Media Brief presenting the current situation and some examples illustrating how the human right to water and sanitation is being implemented in practice http://bit.ly/mCz9g8

 

·         A Reader, which provides basic references for easy reading and some of the latest and most relevant United Nations publications on this issue http://bit.ly/iAvqri

 

·         Eight Short Facts on the human right to water and sanitation http://bit.ly/k45MFs

 

·         A UN Milestones document presenting the UN historical background and evolution of recognition of the human right to water and sanitation http://bit.ly/jEnOiq

 

Also, a new thematic section on the human right to water and sanitation is now accessible from the Water Decade website: http://www.un.org/waterforlifedecade/human_right_to_water.html

 

Further information on activities organized at the Forum can be found at: http://www.un.org/waterforlifedecade/media.html

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Will the next wars be fought over water? [Live Webcast]

Sunday, March 20, 2011


That would be the title of the upcoming discussion panel to be moderated by the former Canadian Prime Minister Rt. Hon. Jean ChrĂ©tien. The discussion is a part of a larger event entitled  "The Global Water Crisis: Addressing an Urgent Security Issue" , at the High-Level Expert Group meeting organized by the Inter Action Council of Former Heads of States and Government.

Prof. Patricia Wouters will represent the Dundee UNESCO Centre at the above InterAction Council High-Level Expert Group (HLEG) meeting. She will give a presentation at the discussion panel on the topic: Can the history of international co-operation over water continue? The complete list of the panel will be:

Will the next wars be fought over water?
  • Moderated by the Rt. Hon. Jean ChrĂ©tien
  • Dr. Fabrice Renaud—Conflicts and diplacement: Water as a hazard
  • Bob Sandford—Global pressures on water: Have we reached a tipping point?
  • Dr. Patricia Wouters—Can the history of international co-operation over water continue?
  • Moneef Zou’bi—Water in the Middle East: Source of conflict or co-operation?

Now for the more good news: You can join the discussion through the live webcast and ask questions to the panel members! Click here to sign up. The page will become live at the World Water Day, 22.3.11, commencing at 10:15 a.m. ET..


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Indonesia - Investment Policy Review – OECD

Wednesday, December 22, 2010

The 2010 OECD Investment Policy Review contains a quite comprehensive assessment of Indonesia’s regulatory and investment policy. For those of you who areinvestment lawyers, Chapter 2 discusses in depth, Indonesia’s  implementation of international investment principles. Other aspects such as competition policy, infrastructure, and corporate governance were also addressed. A sneak peak of the book is available in Google Books . The book dedicate a sub chapter on water infrastructure (ch 5.6) and cited my newspaper Article (Indonesia Needs a Strong Water Services Law). The analysis on water related investment is not really in depth, but it agrees that vague laws and regulations could be a deterring factor for foreign investment in this sector. The book’s executive summary is available for a free download, but the complete hard and soft copy versions are not free.



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Human Right to Water and the Management of Indonesia’s Water Resources

Monday, December 13, 2010

I recently uploaded my World Water Week presentation’s background paper to the SSRN. The title of the paper is “The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources”. In the paper, I argued that:
“…there are gaps in the Indonesian legal framework in securing transparency, access to information, participation, access to justice and the procedure in recognizing customary rights in water resources management. Without adequate access to these procedural rights, vulnerable, marginalized and financially weaker groups will be left out from water resources management and will not be able to secure their entitlements. The Human Right to Water has potentials for filling such gap by reforming the implementing regulation of the Water Resources Law and enhancing the possibility to obtain legal recourse”.

Colleague Hugo Tremblay reviewed this paper in his blog and commentedReading the paper, it sometimes feels like the human right to water is constituted of a bundle of ‘substantive’ and ‘procedural’ rights (ex: see p.4 last §, as well as subsection 5.b on Right(s) to participation, transparency and access to information). Are these rights constituent human rights included under a human right to water? Are they considered as autonomous human rights? Is this an illustration of the doctrine of indivisible, inter-related and inter-dependent human rights?”

While the right to receive and impart information is recognized as a form human rights (Article 19 of the UDHR), the conflation of this right into ‘Freedom of Information’ has sometimes been contested. Although many argued that freedom of information is a human rights (see for example, this article from Toby Mendel), some skeptic may argue that the original intent of Article 19 of the UDHR is to protect free speech and not to provide specific access to governmental information.

Furthermore, the concepts of transparency, participation and access to justice is often mingled with ‘good governance’. A presentation from Susanne Schmidt of the UNDP asked a question: “Is IWRM an HRBA?” The present state of research appears to acknowledge that the two are ‘mutually reinforcing’ with the latter (HRBA) focusing on the equity aspect of governance. A joint working paper of several organisations even consider HRBA as a specific kind of ‘governance’.

I acknowledge that the concept of HRBA still needs further clarification. That, I will not deal in this post. I will reserve it for another day :)

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Links to presentation on the Human Right to Water

Monday, September 27, 2010

 

The following titles links to World Water Week website

 

 
14:10

Concepts I - "Legal and policy development, water quality & the right to water". Dr. Riant Nugroho, Board Member the Jakarta Water Regulatory Body, Indonesia

14:30

Concepts II - "The Human Rights Based Approach (HRBA) and the right to water", Ms. Natalia Uribe, UNESCO Etxea, Spain

14:50

Concepts III - "A Human Rights Based Approach to IWRM - a new initiative", Ms. Susanne Schmidt, Water Governance Specialist, UNDP

15:10

Break

15:20

Case Study I - Ecuador. "Water as a Human Right in Ecuador’s New Constitution"Ms. Sara Caria, ACRA, Ecuador

15:40

Case Study II - Indonesia. "The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources", Mr. Mova Al’Afghani, UNESCO Centre for Water Law, Dundee University, United Kingdom

16:00

Case Study III - Tanzania. "Including quality of water in decentralized planning: a case study from Same, Tanzania", Mr. Alejandro JimĂ©nez, IngenierĂ­a Sin Fronteras - ISF (Engineers Without Borders), Spain

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More on the sinking of Jakarta

Sunday, September 26, 2010

On Sept 17, one of the lanes of the main road connecting Jakarta to the Tanjung Priok port collapsed. The police had to detour the traffic to another road. The culprit blamed for the incident is abrasion from salt water (news in Bahasa Indonesia):

                               


Earlier on the 14th of September, another land subsidence occurred along Manggarai river in Sultan Agung street, causing the fence to tilt for 45 degrees (click here for more news).



Below is a video from ABCNews (2008) about the sinking of Jakarta. Main cause of the floods are solid wastes and squatters in riversides. Both causes the river to become shallow and narrow, thereby reducing its capacity during high flow. High-rise building and over-abstraction of groundwater also contribute to land subsidence and saltwater intrusion.

             

 

 

Related posts:

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The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources

Saturday, September 25, 2010

 

IMG_4565

The Human Right to Water under the Water Law? Yes. But look also at its elucidation.

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If there is anything I forgot to upload into this website from the last World Water Week then it is my own presentation and pictures. So here it is. The title of my presentation is the above headline. I argue that the Human Right to Water may be able to correct structural loopholes in the current legal framework for water resources management in Indonesia. There are, however, prerequisites which must be fulfilled for such role to take place, and these are (i) building linkages between the Human Right to Water into the current judicial and legislative system and (ii) developing existing institutions, in terms of capacity, resources and mandate in order to incorporate human rights claims.

I have a draft paper to support my arguments which I decide not to share as it is still in the form of, well, a draft paper. But if you are interested, do email me at movanet(at)gmail.com I await for your feedback and comments.

 


 

 

 

 

 

H.T. Dr. Riant Nugroho for the pics



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The Stockholm Statement: Water is the key to other MDG Goals (World Water Week)

Sunday, September 19, 2010

The World Water Week which ended last September 11th urge participants of the upcoming meeting of MDG High Level Plenary Meeting to pay more attention to water issues. According to the Stockholm Statement: “…water needs more attention: policy, investment and management. Continuing to neglect it is a recipe for disaster, and the failure of all MDGs.”

 

Read the full statement here.

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Download the Greening of Water Law (ebook)

Wednesday, September 15, 2010

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UNEP recently released a publication titled “The Greening of Water Law”. The book contain elements to consider for integrating environmental concerns into national and international water law. Read/download here.

H.T to: Bo Magsig

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A Case Study of Semarang Water Utility (Paper)


UNDIP e-Journal published a paper about Semarang water utility.  Here’s some interesting facts on the paper:

  • In order to obtain the water connection people have to pay installment cost Rp 700.000 (75 US $) and it is equal with minimum wage per month for labor in Semarang.
  • According to the State Auditing Agency, PDAM Semarang had a loss of Rp. 21 billion from customer arrears and mismanagement.
  • Around 10.000 water connections are suspended for 2 months (Suara Merdeka, 03/20/2007) and will not be activated unless customer paid their debt.

Read more.