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.

What do whistleblowers, transparency fighters, file sharing activists and defectors have in common? They may all possess the same personality trait: a rejection of authority. According to Esther Dyson in project syndicate:

But you probably need to be a bit weird and callous to devote your life to transparency for others. Mikhail Khodorkovsky, the imprisoned ex-CEO of what was Russia's largest oil company, is another example of a flawed, uncompromising person who challenged the flawed people in power and their unaccountability. Such people do not die for our sins; Rather, they sin on our behalf, so that we may live comfortably while they afflict the authorities at great personal risk and in disregard of (authorities' interpretation of) the law and sometimes even ethics.

Information is always used to impose and safeguard an established authority. Because knowledge is power, only the priest are allowed to read the scriptures. This is evident in the ancient Mayan civilization who restricts the ability of reading and writing into a small circle of elite class. The spread of the printing press in the European history allows the Bible to be studied by commoners and along with Luther’s writings, paves the way to protestanism, ending the Catholic church monopoly to human salvation in the Christian world. 
Within the psyche of these leakers – whistleblowers, journalists, spies-- whatever you wish to call them, is the hidden desire to achieve some sort of equilibrium and a resentment to authority. These people are anarchists.

The Jakarta Post reported several months ago, that the State Audit agency (BPK) cease the publication of companies financial audit report due to blackmailing concerns. According to the article:

The Supreme Audit Agency (BPK) has stopped publishing online reports, to the dismay of freedom of information proponents. The agency said the state institutions it audited had complained that it was “too open”. BPK provided reports through the Internet even before the 2008 Law on Freedom of Information was implemented this year.

….

But reports of blackmail prompted the agency to close the online access, requiring information seekers to submit official letters to obtain a hard copy of reports. A public relations staffer of BPK, who requested anonymity, said, “The state institutions have been complaining that we were too open.” “[The institutions] said the reports had been used to blackmail them,” the source said recently.

Why fear blackmail if you are right? One of the possible reason is the corruption witch-hunt. The eradication of corruption in Indonesia is somewhat turning into a witch-hunt (a colleague in the UK is researching this for his Ph.D in Anthropology). Dealing with KPK and the Prossecutor office is cumbersome. This provides a disincentive for being transparent.

How do we handle this? Well, we need to provide more incentive for being more transparent. Transparency should not be used only for displaying the rotten apples of an organization, but also in highlighting the hidden jewels. This is what expert called a ‘targetted transparency’, which are conducted through, among other, publication of performance target benchmarked against certain a set of indicators.

 
Img source:mediaindonesia.com

In the wake of wikileaks, the Australian government recently issued a booklet titled “The Insider’s Threat to Business: A Personnel Security Handbook”. The booklet elaborate precautionary approaches that a business organization may employ in order to prevent the leak of confidential business information.

One of the legal method to prevent leaks (this is not explained in the booklet) is through the signing of employee confidentiality agreement. My research however indicates that the power of confidentiality agreements differs across jurisdiction. In the common law jurisdiction, confidentiality carries more weight due to the operation of obligation of confidence under the English equity law. The obligation of confidence protect the imparting of information in a ‘trust’ environment, such as between a doctor and its patient, or between a employer and employee. As such, the obligation may be enforced irrespective of agreement.

This is not the situation in continental legal system. I have yet to find any obligation to keep secret, independently of an agreement. Hence, an employee signing confidentiality agreement in a continental jurisdiction will be bound only to the extent of the agreement. When he decide to disclose the information one day, it would amount simply to a breach of (an employment) contract.

Determination of access level and the use of Digital Rights Management are therefore the most appropriate precaution. You will find some details about this in the booklet.

Ed note: this is a guest post by Suria Nataadmadja (suria[at]surialaw.com) and Selviyani from SURIA NATAADMADJA & ASSOCIATES. If you have further inquiry on this topic, please contact the authors directly.

As a matter of clarity, the term foreign direct investment is used here to distinguish it from the investment made by acquiring the shares of an Indonesian company from the stock market. Foreign direct investment can also be done by acquiring the shares of an established foreign investment company. The effect of foreign direct investment is to ascertain the share holding of foreign investors in a limited liability company as regulated by Law Number 40 of 2007 regarding Limited Liability Company, promulgated on August 16, 2007 in State Gazette 2007 Number 106 (“Law 40/2007”), and Supplement to State Gazette Number 4756.

Foreign direct investment in Indonesia has started as early as 1967 and the government has changed the law to Law Number 25 of 2007 regarding Investment, promulgated on April 26, 2007 in State Gazette 2007 Number 67, and Supplement to State Gazette Number 4724 (“Law 25/2007”). This Law supersedes Law No.1 of 1967 regarding Foreign Investment, and Law No.6 of 1968 regarding Domestic Investment. Compared to the 1967 Law, the new legislation is more accommodating to foreign investors, addressing important issues such as land rights. A presidential decree number 36 of 2010 regarding List of Business Open and Closed with Restriction for Investment (“Negative Investment List”) updated Indonesia’s Negative Investment List of December 2007 as regulated by presidential decree Number 76 of 2007. The main purpose of the new Negative Investment List are to implement the Indonesian government’s commitment to the Association of Southeast Asian Nations/ASEAN Economic Community but nevertheless it will encourage foreign direct investments from other countries as well. Only direct investments either foreign or domestic will be affected by the Negative Investment List. Indirect investment through the stock market will be exempted from complying with this Negative Investment List.

Certain investment that is meeting the requirement as stipulated in article 18 of Law 25/2007, entitled to be given tax incentives i.e. Income tax reduction; Custom exemption to machineries, capital goods and tools; Custom exemption on raw materials; VAT exemption; Accelerated amortization and depreciation; and Incentive on land and building tax. The government also recently issued Government Regulations No.1 of 2007 regarding the Facility of Income Tax for Investment on Certain Business Sectors or Regions (January 2, 2007). The certain business sectors amongst others are: food processing industries, packaging industries, plastic goods industries, cement industries, furniture industries, seafood processing industries, etc. Furthermore, the Government also issued the following regulations e.g. Ministry of Finance No.16/PML/03/2007 regarding Granting Income Tax Facilities for Investment on Certain Business Sectors or Certain Regions, Directorate General of Tax No. Per 67/PJ/07 of 2007 regarding Procedure of Granting Income Tax for Investment on Certain Business Sectors and/or Certain Regions.

Investments in Indonesia are coordinated by the Investment Coordination Board or Badan Koordinasi Penanaman Modal (“BKPM”); a nongovernmental department board leads by Head of BKPM, a position of ministerial level. BKPM’s policy has a very simple guidelines, forms, and requirements for filling applications of investment licenses as regulated by Decree of Head of BKPM Number 57/SK/2004 and Number 70/SK/2004. Latest regulation issued by BKPM is regulation No. 12 of 2009 regarding Guidelines and Procedures Application of December 23, 2009, that replaced the previous BKPM regulations on the guidelines and procedures for investment applications under domestic and foreign Investments. The latest regulation is sufficiently clear and self explanatory whereas it is attached with the necessary forms and guidance which are provided in Indonesian and English.

In practice, the process from the application to BKPM approval will take approximately between 3 weeks to 3 months. The most time consuming process is to translate foreign company documents to English, the language accepted by BKPM, and communicating Indonesian regulations to the foreign investors.

The approval from BKPM shall be followed by limited liability company establishment which for the foreign investment company shall be in form of a limited liability company under the foreign investment scheme (usually called “PT. PMA”). PT. PMA shall be formed by at least two share holders in form of a civil law notary’s deed (paragraph 1 article 7 Law 40/2007). Then, the deed shall obtain a statutory body status from the Minister of Law and Human Rights (paragraph 4 article 7 Law 40/2007) and published at the Supplement to State Gazette (article 30 Law 40/2007).

Although BKPM has been designed to be a “one stop services” institution, as regulated by a presidential decree Number 27 of 2009, which has given BKPM the authority to issue investment licenses, however, major specific licenses e.g. For Mining and oil and gas, plantation and forestry sectors still have to obtain licenses from other government related authorities. Certain permits will also be applied through the local government authorities e.g. Tax and related land permits and recommendations, etc.

Suria Nataadmadja, Partner

Selviyani, Associate

SURIA NATAADMADJA & ASSOCIATES

www.surialaw.com

Legislative Update 01/2010

Earlier this year, the House of Representative presented the academic draft on the Law on Public Accountants (download the academic draft here, in Bahasa). The current version of the draft law in its preamble does not seem to provide enough justification on why accounting services has to be regulated. It only states that at present, there is not enough regulation on the profession and that more rules are required to provide ‘legal certainty’ for clients and public accountants.

The academic draft does contain some justifications on why the accounting industry needs to be regulated, among other, that the profession attempts to reduce information asymmetry between principal and agents of an undertaking and provide them with financial information to back up their business decision. However, this is not adequately enshrined in the draft Law.

ILR’s sources at the House of Representative commented that the real aim of the draft law is to curtail the ever expanding growth of foreign accounting firms and provide opportunity for local firms to grow. Provisions regulating foreign accounting firms (Articles 17 and 13 of the current Draft) will become a contentious subject to be debated. On these articles, the number of foreign partners and foreign workers in an accounting firm is limited.

ILR will closely monitor the Draft Law on Public Accountant. If you require more information or tailor made service, please contact movanet@gmail.com

The ILR entered into agreement with Amazon yesterday to deliver the blog to Kindle devices through its Kindle Publishing program. If you subscribe to ILR through Amazon, the content will be delivered directly to your Kindle device through Whispernet. Note that Amazon impose a $ 1,99 monthly charge for this subscription and so far, the program will only work if your Kindle country setting is set to United States. Click here to go to ILR’s Amazon Page.

But, there is a workaround! You can directly download ILR in a mobi format to be used in your Kindle for free by clicking this feed in your Kindle browser. Once the feed goes to the library of your Kindle device, it will provide a link for you to update its content.

Enjoy reading ILR in your Kindle!

Press Release: Indonesia’s Attorney General Lost its Power to Ban Books

The Indonesian Constitutional Court in a 7-1 ruling pronounced last Wednesday, October 13^th, that the Indonesian Attorney General is stripped from its power to ban books. This ruling is an important breakthrough for the freedom of expression in Indonesia.

Last January, two lawyers from the Center for Law Information, Rahmat Bagja and Fatahillah Hoed submitted a petition to the Constitutional Court demanding the Court to revoke Law No. 4 PNPS 1963 which provides the legal basis to the Attorney General to ban books.

The lawyers successfully pleaded their case before the Constitutional Court. The Court decided in Wednesday that Law No. 4 PNPS 1963 was invalidated. In the future, banning of books will have to be conducted through a court proceeding.  

Indonesia is a party to the International Covenant on Civil and Political Rights and has therefore, the international obligation to protect the freedom of expression. In the past, book banning has been used by the New Order authoritarian regime to tackle political dissents.

Jakarta, October 14^th, 2010

Center for Law Information (CeLI)

Indonesia Law Report (ILR)                                                             

Picture: Mr Rahmat Bagja and Mr. Fatahillah Hoed at the Constitutional Court’s Judicial Review of Law No. 4 PNPS 1963

The following titles links to World Water Week website

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:

• Legal Policy and Development. Jakarta's Water Future (World Water Week) – UPDATE
• The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources
• Experts: Jakarta to sink by 2025
• 14 Disturbing Facts about Jakarta's Water

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

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

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.

Just to add some more tips:

1. Don’t forget to bring converters!

2. Use Kindle to read (and skip all the print papers)

3. Make sure everything is fully charged

4. Hassle first, fun later. Meaning: go through security check then find your coffee

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

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.

Wikislation is the term I used to describe bottom-up law making process using wiki. This has been implemented in one of Philipine’s region. Recently, Brazil came with the more sophiticated Wikislation idea through its website, e-democracia. 

The Techrepublic explains:

The program is a kind of crowdsourcing for legislative purpose. In particular, the e-Democracia website attracts and draws together the diffuse participation of individual citizens and minority groups. The main goal is to permit easier access to the decision-making process by citizens who are not associated with strong interest groups or corporations that usually lobby for access to the center of power in Brasilia where the national government is located.

e-Democracia is driven by a belief that the lawmaking process can benefit from the convergence of political representation and citizen participation in a virtuous cycle in which one model strengthens the other. The backbone of the initiative is its website (www.edemocracia.gov.br), which provides multiple participatory mechanisms with which citizens can:
• Share information about a problem that needs to be addressed by law;
• Identify and discuss possible solutions to the problem; and
• Draft the bill itself.

I argued in my 2006 article that crowdsourcing legislation will benefit from reduced information asymmetry and reduced cost for information interpretation. The concept and methodology for ‘wikislation’ is still far from perfect. But the tools are here. I consider that spending our legislative resources on bottom-up IT will also decrease the cost of deliberation and eventually, the cost of promulgation. To get a complete picture on the concept of wikislation, read and download my 2006 article titled “How Legislative Process Works in the Period of e-democracy”.

An interesting article from Ching Leong at NUS SPP: “Rights and Price: A Pair of Red
Herrings in Water”. She contends:

If water is perceived as a human right, it should be freely available to one and all. But clean water comes at a cost and unless that cost is paid for, it is difficult to ensure universal access.

Before making any comment, have a look at WWC’s FAQ on the right to water here:

10- Does the human right to water mean that water should  be free?
The right to water does not mean that water has to be delivered for free, but it must be affordable, as well as safe, accessible and sufficient.  However, through the acceptance of a right to water, there is explicit recognition that water is a social and cultural good, as well as an economic good. This point was confirmed in CESCR's General Comment 15. Any payment for water services must be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable to all, including socially disadvantaged groups.

Again, before making any comment, have a look at Ms. Leong’s closing statement on her article:

Water in short should be priced as an economic virtue. At the same time, it should be free to those who cannot pay because of a moral imperative that is sometimes captured by the declaration that it is a human right. There is no reason that public policy cannot fulfill both roles because, in this happy instance at least, the imperatives from economics and morality are not in contradiction.

To me, that sounds like a human right after all. A cross subsidy is in place, those who cannot afford should have it for free. So that’s what human right to water is all about. It seems that we’ve agreed on this all along!

Stockholm, September 09, 2010 (ILR). ACCRA, BothENDS, Swedish Water House, UNESCO Etxea, WaterLex and the UNDP Water Governance Programme convened a seminar at the World Water Week, Stockholm, September 09, 2010. The presenters explains the potentials of Human Rights Based Approach to Integrated Water Resources Management.

On the media statement received by ILR, the conveners stresses the importance of  stakeholders involvement in ensuring the realization of the Human Right to Water.  According to the Press Release:

A key element of the human right to water is the water quality prerequisite that water used for personal or domestic uses should be – among other things - free from micro-organisms and chemical contaminants that constitute a threat to individual health, thus embracing the work of professionals working in the realm of water quality and Integrated Water Resource Management (IWRM). At the same time, even in the context of conflicting and competing demands on water resources, human rights law is clear in determining that water for personal and domestic uses, i.e. for realising the right to water, has priority in relation to other water uses.

In this side event, we will demonstrate the validity of a number of principles. First of all, the Human Rights-Based Approach (HRBA) provides a useful and comprehensive framework from which to analyse water and sanitation issues and holds the potential to support and strengthen the Millennium Development Goal approach. In other words, while the concept of the ’right to water’ requires a focus on law, it is not just an effort to define normative standards (cf. World Health Organization quality standards), it is also about procedural rights, which ought to be clarified and illustrated so as to demonstrate how the realisation of rights should be managed in practice. Furthermore, the actual realisation of these rights is dependent on the governance structure and the quality of interactions between the state and civil society against the background of each particular social, political and economic setting.

Secondly, it is therefore of key importance to continue to promote national case studies that serve to highlight the key areas in which the implementation of the right to water and sanitation can be improved in each setting through a HRBA.

Universitas Ibn Khaldun Bogor, Indonesia, endorses the case-base approach to HRBA. It offers support in the form of expertise, networking and grass-root empowerment for the HRBA case studies. In its endorsement letter, the University Rector Prof. Dr.  H. Ramly Hutabarat, SH., MHum pointed that application of IWRM in Indonesia would require tremendous investment in the form of knowledge and financial resources. IWRM has large potentials in improving the quality of Indonesia’s water resources. However, there are always possibilities that those with less capacity and bargaining power to participate in IWRM processes would be left out. The Rector suggests that HRBA would be necessary to empower stakeholders in the decision making process of IWRM.

This is the full version of Dr. Riant Nugroho’s Presentation at the World Water Week. The presentation is packed with the latest statistics on Indonesia’s water supply/sanitation and resources. A true reference indeed. Enjoy!

The UN General Assembly will hold a two day summit from September 20 to 22 this year in New York. Download the 2010 MDG Report here. Click here for the Summit’s website.

Packing for Stockholm: BothEnds and several other NGOs/IGOs are planning to hold a side event on this September’s Stockholm world water week. The topic: Human Rights Based Approach to Improving Water Quality. 

If I can find some wi-fi there,  Indolawreport may hold a series of live-blogging. More details to follow. If you happens to be in the World Water Week, join us.

Good news and an honor for Indonesia law Report. I have received the following email from the Library of Congress:

The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to Legal Blawgs. The Library of Congress preserves the Nation's cultural artifacts and provides enduring access to them. The Library's traditional functions, acquiring, cataloging, preserving and serving collection materials of historical importance to the Congress and the American people to foster education and scholarship, extend to digital materials, including websites.

With your permission, the Library of Congress or its agent will engage in the collection of content from your website at regular intervals over time and make this collection available to researchers both at Library facilities and, by special arrangement, to scholarly research institutions.  In addition, the Library hopes that you share its vision of preserving Internet materials and permitting researchers from across the world to access them.

Our Web Archives are important because they contribute to the historical record, capturing information that could otherwise be lost. With the growing role of the Web as an influential medium, records of historic events could be considered incomplete without materials that were "born digital" and never printed on paper.

The library of congress recently archive a number of high-quality blawgs. You can access them here. I have also accepted their proposal for off-site access. To know more about Library of Congress Web Archiving program, click here.

Hopefully, we can soon see Indolawreport to be listed there and accessible to everyone in the future. Happy blogging and participate in writing history!

The WWF launched postcard campaign to encourage more ratification of the UN Watercourses Convention. In order for the convention to be in force, another 16 ratification would be necessary. Indonesia has land border with East Timor, New Guinea and Malaysia. As such, there might be possibilities that transboundary water is shared.

According to the WWF:

We encourage you to download copies of the postcards and of their accompanying leaflet, in order to find out more about the 2011 target and what YOU can do to help achieve it, whether you are an influential individual, a government official, or a representative of an NGO or other interested institution. Join the numerous individuals and institutions that have already vowed to support the UN Watercourses Convention Global Initiative.

Click on the picture above to download “Everything you need to know about the UN Watercourses Convention”

.

Last April, the Ministry of Health updated drinking water quality regulation. The Permenkes 492 contains minimum obligatory standard of drinking water quality parameters that should be followed. The Permenkes also obligates examination of drinking water quality by water quality providers and government agencies. In practice, regional governments enumerate this rule through regional by-laws. The previous drinking water quality regulation – issued in 2002 – is therefore repealed.

Download the Permenkes here.

Here a list on what evernote can do to enhace your legal practice:

1. As a blogging tool for legal bloggers (of course!)
2. Research tool (collection of snippet and bookmarks) and digital filing cabinet.
3. Customer relation management (CRM) tool
4. Client tagging, note taking, auto forwarding from website contact form

I think evernote is good to be used for start-up lawfirms or those with SOHO (Small Office Home Office) practices. Recently I connected my inexpensive Lexmark s.305 Wi-FI printer to send scanned files (PDF or Pictures) directly to evernote so that it can sync with the system there. But if you have a scanner with autofeeder, I think it would be much faster and better to scan documents, deeds, contracts and all those boring stuffs :) No need to use expensive Knowledge Management softwares, its a waste of money!

Read our previous post: Evernote for Lawyers.

Many lawfirms are investing thousands of dollars for Knowledge Management software only to discover that their lawyers and workers find a hard time implementing it because they are not user-friendly. The reason why most KM software doesn’t work is because they are not embedded in your daily life; the inputs are tedious and time-consuming.

It’s time to liberate yourself. Someday you will quit working for that lawfirm and set-up your own (or do better things like enjoy your life) so you better have your own Knowledge Management system to satisfy your future need of information.

With evernote, you can write notes, clip web pages, take picture notes and voice notes directly from your desktop and mobile. Evernote has apps for ipads, blackberry, android and other OS. All of them are synced together in the cloud. The software is also equipped with integrated OCR (optical character recognition), so every text in the picture you take or document you scanned will be recognized. Some printers can also directly send scanned files to evernote.

Here’s a list of things that a lawyer can do with evernote:

1. Take pictures of/scan business cards
2. Use the voice note for interviews (using blackberry – silently :)
3. Take a snapshot of important clauses
4. Scan your meeting notes
5. Scan legal documents
6. Take pictures during site visit (and tag it in your project folder)

Evernote is linked with many other apps: your email (you can forward your mail to evernote), twitter and google reader, just to name a few. The most important of all: it’s free!
Click here to sign up.

OK, maybe not quite a ‘vs’. Tension might be the right word. And here is a paper discussing the topic. Of all the criticism towards the human right to water, this paper might be among those which are most coherent. According to the author:

Abstract:
Water resources management has been shaped by a variety of paradigms reflecting the evolution of government policies and transient societal values. Integrated Water Resources Management (IWRM) became a predominant management framework in the 1990s. The Human Rights-Based Approach (HRBA) to development has also emerged recently as an influential approach in the water sector. IWRM and the HRBA to development in the water sector overlap significantly. The interactions between the two approaches remain largely unexplored although their repercussions may be significant. Because they do not share identical premises and objectives, the concurrent implementation the two approaches might also lead to tensions detrimental to water resources management. The aim of this article is to explore the interactions between IWRM and the HRBA to development in the water sector. Questions raised by perceived conflicts are identified to help address potential tensions when the two approaches coexist. Synergies between IWRM and the HRBA are also detailed to establish how the two approaches are aligned.

Title:

A Clash of Paradigms in the Water Sector? Tensions and Synergies Between Integrated Water Resources Management and the Human Rights-Based Approach to Development

Keywords: Water, Human Rights, Human Rights-Based Approach to Development (HRBA), Integrated Water Resources Management (IWRM)

There are four points of potential and existing tensions which the author raised. They are:

1. The HRBA as an anthropocentric approach and the need for an ecosystemic contextualisation of claims on water resources;
2. The HRBA as an vehicle for developmental aspirations and the acknowledgement of limits in water resources availability;
3. The indistinct duties of right-holders in regards to the user-pays principle;
4. Economic water management and the need to protect marginal groups and the poor;

Download yourself directly from the SSRN.

I am currently writing a paper for a conference and all of these four aspects above will be considered.

Enjoy reading….

High tide floods 2007: “Signs of a sinking Jakarta”

Source: Presentation by Hongjoo Hahm and Janjaap Brinkmann (World Bank)

Brinkman’s statement that Jakarta might sink by 2025 was widely quoted by the media:

'The major reason for this is not climate change or whatever, but just the sinking of Jakarta,' said Mr Jan Jaap Brinkman, an engineer with Dutch consultancy Delft Hydraulics, who worked on the study. By 2025, estimates from the Inter-governmental Panel on Climate Change show, sea levels would have risen by only about 5cm. But Mr Brinkman said that Jakarta, which spans a plain between coast and mountains, will be between 40cm and 60cm lower than it is now. The study shows that without better defences, the sea will reach the presidential palace, which is around 5km inland, in 2025 as well as completely inundate Jakarta's historic old city.

What you may not have seen is their full presentation:

Now, on to water services. VOA interviewed Jakarta Water Regulator who told that the rate of non-revenue water in Jakarta’s Water Supply System is around 50%. NGOs such as the Mercy Corps has been quite successful in engaging with local community in Penjaringan district in order to help them build water storage infrastructure. 

ADB is planning several million dollars project to restore the quality of Citarum river in West Java, the main supplier of bulk water to downstream cities such as the capital, Jakarta. The ICWRMIP will restore riverbanks along the Citarum. The project involves the resettlement of hundreds of households currently residing in the riverbanks. NGOs argued that not enough room for public participation is provided, something which the ADB denied.  NGOs also claim that the project will not likely to change anything as no mechanism for pollution control is included. I am not able to confirm any of these allegation but some documents relating to the project is available in the ADB website.

Read also: Finding a cure for Indonesia’s sick river (CNN)

Access your PC files using Dropbox for blackberry.

Dropbox is a tool for back-up and syncing files across computers. Now you can access files stored in your Dropbox using the blackberry app (beta). First of all, sign up for Dropbox here (if you click on that referral link you will get extra 250 MB). Secondly, download the jad file over the air (through your blackberry device) here.

Enjoy!

H.T. to: Mr.Bo

I argued once that one of the method in curbing corruption in the judiciary is by enhancing its transparency. Most of you might be familiar with the famous formula developed initially by Klitgaard: Corruption= (Monopoly+Discretion)-(Accountability+Transparency).

The World Bank series in Governance recently issued a publication on how to enhance transparency/access of information in the judiciary in Latin America. The analytical framework might be valuable for a future Indonesian case-study. Enjoy reading!

Click here to download the file.