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!

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.

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”

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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:

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)

Allrite mate, time for sum intermezzo. Here's a homework for you CSR and social media experts. That fake BPGlobalPR twitter account just crowdsource a disparaging quizz a few minutes ago. What does BP stand for? he asked. Well, here's a snippet of the answers:

@bpglobalpr - Twitter Search via kwout

The company refused to be blamed:

“The massive silting that broke the pump in Pulogadung was caused by the declining quality of water. We fixed the pump and parts of the pipeline network,” Yosua said. “This  shortage is not entirely our fault.”
He said it would take more time for water to reach areas located farther from the main pipelines, which had been empty for days.
“And there are people in several neighborhoods in North Jakarta who collect water from hydrants too, and this makes [the distribution of water] even worse,” Yosua added.
Aetra Air Jakarta said it was becoming increasingly difficult to provide millions of Jakartans with potable water.
“The city has become overpopulated, and the levels of pollution have increased exponentially,” Yosua said. “These two factors greatly contribute to water  shortages in the city.”

Consumers are entitled to water services based on the service level as determined by law (if there are components of the service levels which are based on contracts, then they will not apply, as the law automatically derogates them). In Indonesia, water quality level is determined by the decree of the ministry of health  907/MENKES/SK/VII/2002 and Government Regulation 16/2005 (GR 16/2005) Article 6.2. In Jakarta, the continuity of water services is guaranteed by Regional by Law 13/92 and 11/93.

If any of these service levels are violated, based on GR 16/2005, consumer shall have the right to compensation. Article  67.1.a and 68.2.e of GR 16/2005 stipulates (in Bahasa):

(1) Setiap pelanggan air minum berhak:
a. memperoleh pelayanan air minum yang memenuhi syarat kualitas, kuantitas, dan
kontinuitas sesuai dengan standar yang ditetapkan;
b. mendapatkan informasi tentang struktur dan besaran tarif serta tagihan;
c. mengajukan gugatan atas pelayanan yang merugikan dirinya ke pengadilan;
d. mendapatkan ganti rugi yang layak sebagai akibat kelalaian pelayanan; dan
e. memperoleh pelayanan pembuangan air limbah atau penyedotan lumpur tinja.

Hak dan Kewajiban Penyelenggara
Pasal 68
(1) Setiap penyelenggara berhak:
a. memperoleh lahan untuk membangun sarana sesuai dengan peraturan perundangundangan;
b. menerima pembayaran jasa pelayanan sesuai dengan tarif/retribusi jasa pelayanan;
c. menetapkan dan mengenakan denda terhadap keterlambatan pembayaran tagihan;
d. memperoleh kuantitas air baku secara kontinu sesuai dengan izin yang telah
didapat;
e. memutus sambungan langganan kepada para pemakai/pelanggan yang tidak
memenuhi kewajibannya; dan
f. menggugat masyarakat atau organisasi lainnya yang melakukan kegiatan dan
mengakibatkan kerusakan prasarana dan sarana pelayanan.

(2) Setiap penyelenggara berkewajiban untuk:
a. menjamin pelayanan yang memenuhi standar yang ditetapkan;
b. memberikan informasi yang diperlukan kepada semua pihak yang berkepentingan
atas kejadian atau keadaan yang bersifat khusus dan berpotensi akan
menyebabkan perubahan atas kualitas dan kuantitas pelayanan;
c. mengoperasikan sarana dan memberikan pelayanan kepada semua
pemakai/pelanggan yang telah memenuhi syarat, kecuali dalam keadaan memaksa
(force majeure);
d. memberikan informasi mengenai pelaksanaan pelayanan;
e. memberikan ganti rugi yang layak kepada pelanggan atas kerugian yang
dideritanya;
f. mengikuti dan mematuhi upaya penyelesaian secara hukum apabila terjadi
perselisihan; dan
g. berperanserta pada upaya perlindungan dan pelestarian sumber daya air dalam
rangka konservasi lingkungan.
(3) Pemberian ganti rugi sebagaiman dimaksud pada ayat (2) huruf e diupayakan
berdasarkan penyelesaian di luar pengadilan atau melalui pengadilan.
(4) Upaya penyelesaian di luar pengadilan sebagaimana dimaksud pada ayat (3)
dilakukan dengan arbitrase atau alternatif penyelesaian sengketa sesuai dengan
peraturan perundang-undangan.

From the legal point of view, consumer has the right to receive the continuity, quality and quantity of water as prescribed by law. They should be compensated if these rights are interrupted or not fulfilled due to the negligence committed by water undertakers. GR 16/2005 above also prescribes that water undertaker must pay a decent compensation to consumer for the loss they sustained. Although GR 16 is not particularly clear on what it means by ‘loss’ but this is likely to be a term for ‘violation of service levels’. 

Hence, under the law, ‘whose fault’ is not really the question for consumer. GR 16 does not differentiate whether the fault lies on the part of the bulk water supplier (in this case, PT Jasa Tirta) or the treatment and distribution facility (in this case, Palyja or Aetra). What the law require is for the consumer to be compensated, irrespective of whose fault it is.

'Whose fault’ is more a question for the government. The government is the one responsible to provide accountability mechanism in response to the complicated structural arrangement in the water sector. The government should determine where the liability lies and direct the compensation fund from the liable party to consumer.

More in this issue: my interview with Kompas (in Bahasa). 

Related Posts:
14 Disturbing Facts about Jakarta's Water
Supreme Court Decision on Water Monopoly in Batam
Water companies duty to satisfy reasonable demands

I hope our brother blog would have some time to indulge us in this never ending debate about the right to water (IUCN paper here):

The term ‘right to water’ does not only refer to the rights of people but also to the needs of the environment with regard to river basins, lakes, etc. Realistically, a right to water cannot be secured without attention to this broader context. A failure to recognise water as an environmental resource may jeopardise the rights-based approach, which views water primarily as a social resource. (Scanlon et al. 2004: 22)

I have no doubt that there is a duty to protect the environment. But arguing that the right to water extends into the environmental right to water is a bit too much, I think – or perhaps not?

I don’t quite understand the logical flow. Is it like this:

• Right to Water –> Secure the trees and lakes, etc –> Water for everyone

If yes. Then how ‘bout this:

• Right to education –> safe the trees –> trees to build schools for everyone

(Which means that everyone on the Easter Island violated the right to education—as well as the right to housing, health and so many other rights). I have no doubt that cutting the trees too much may reduce the long term of availability of water. But cutting trees may also provide immediate housing and livelihood. Sucking out fossil water, the great manmade river project (BBC news story here) for example is definitely not sustainable (and its environmental impacts are not yet known), but they said that it’d be able to quench Libya’s thirst for tens of years.

Qadhafi may actually be providing the short-term needs of the Libyan for water, without any regard to environmental sustainability. Is this not the right to water?

Consider the view of this Equadorian blogger about their water law (H.T. to our neighbor blog). He demands that the law must comprise of 9 points, one of them being the rights of the nature and a deprivatization policy.

From the outset of the right to water debate, we can see a differing view. One perceives it to be ultimately anthropocentric, while the other sees it as inherent with the environment. Integrating the latter’s view into the former might be difficult, as it must pass through some anthropocentrical tests. For example, if you support the latter’s view, you will have to convince Qhadafi that drilling out Libya’s fossil water will jeopardize humanity. If the harm caused by the activity is remote, or ‘insubstantial’ compared to the immediate gains, then you might lose your argument. If the harm is unknown, a defeat is certain.

There are practical implications too. If the right to water is to comprise the latter view, its enforcement may be on the same level with existing environmental principles, which are considered soft laws. However, the point of having it is to provide a powerful advocacy basis for human rights campaigner. Then, there is a fear that interpreting the right of environment to water into the right to water would dilute this power.

Another exciting transparency tool from the US: interactive disclosure of yearly clean water act violations. According to the EPA's Press Release:

The new web page provides interactive information from EPA’s 2008 Annual Noncompliance Report, which pertains to about 40,000 permitted Clean Water Act dischargers across the country. The report lists state-by-state summary data of violations and enforcement responses taken by the states for smaller facilities. The new web page also makes it easy to compare states by compliance rates and enforcement actions taken and provides access to updated State Review Framework (SRF) reports. 

Disclosure is a way of increasing the compliance level of a rule. Water quality may have implications to land values and effluent quality reflects a company's efficiency level. With more stakeholders scrutinizing your company, it is expected that you would be more careful about your waste level. Otherwise, either investors will take action to remove the managers, or, the local citizen will take action for their diminishing property value.

Have a look at the site, here.

For those of you interested in Integrated Water Resources Management (IWRM), have a look at a 2007 sylabus for the course at Florida International University here. There are some links to downloadable materials, papers and lecture notes too.

Quick blogging.

Click here for the links to publications by UN Bodies on Water Quality issues.

Here's a quote from what is believed to be a speech of the Indian Chief, Seattle. If you are familiar with property rights theories and the tragedy of the commons, this speech offers another perspective in looking at the environment.

How can you buy or sell the sky, the warmth of the land? The idea is strange to us. If we do not own the freshness of the air and sparkle of the water, how can you buy them?

Every part of this earth is sacred to my people.

Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man.

The white man's dead forget the countryof their birth when they go to walk among the stars. Our dead never forget this beautiful earth, for it is the mother of the red man.

We are part of the earth and it is part of us.

The rocky crests, the juices in the meadows, the body heat of the pony, and man--all belong to the same family.

So, when the Great Chief in Washington sends word that he wishes to buy land, he asks much of us. The Great Chief sends word he will reserve us a place so that we can live comfortably to ourselves.

He will be our father and we will be his children. So we will consider your offer to buy our land.

But it will not be easy. For this land is sacred to us.

This shining water that moves in the streams and rivers is not just water but the blood of our ancestors.

If we sell you land, you must remember that it is sacred, and you must teach your children that it is sacred and that each ghostly reflection in the clear water of the lakes tells of events and memories in the life of my people.

The water's murmur is the voice of my father's father.

The rivers are our brothers, they quench our thirst. The rivers carry our canoes, and feed our children. If we sell you our land, you must remember, and teach your children, that the rivers are our brothers, and yours, and you must henceforth give the rivers the kindness you would give any brother.

We know that the white man does not understand our ways. One portion of land is the same to him as the next, for he is a stranger who comes in the night and takes from the land whatever he needs.

The earth is not his brother, but his enemy, and when he has conquered it, he moves on.

He leaves his father's graves behind, and he does not care.

He kidnaps the earth from his children, and he does not care.

His father's grave, and his children's birthright, are forgotten. He treats his mother, the earth, and his brother, the sky, as things to be bought, plundered, sold like sheep or bright beads.

His appetite will devour the earth and leave behind only a desert.

I do not know. Our ways are different from your ways.

The sight of your cities pains the eyes of the red man. But perhaps it is because the red man is a savage and does not understand.

There is no quiet place in the white man's cities. No place to hear the unfurling of leaves in spring, or the rustle of an insect's wings.

But perhaps it is because I am a savage and do not understand.

One thing we know, which the white man may one day discover, our God is the same God. You may think now that you own Him as you wish to own our land; but you cannot. He is the God of man, and His compassion is equal for the red man and the white.

This earth is precious to Him, and to harm the earth is to heap contempt on its Creator.

The whites too shall pass; perhaps sooner than all other tribes. Contaminate your bed, and you will one night suffocate in your own waste.

But in your perishing you will shine brightly, fired by the strength of God who brought you to this land and for some special purpose gave you dominion over this land and over the red man.

That destiny is a mystery to us, for we do not understand when the buffalo are all slaughtered, the wild horses are tamed, the secret corners of the forest heavy with scent of many men, and the view of the ripe hills blotted by talking wires.

The government recently issued GR 46/2009 on the limit of liability for losses caused by nuclear accidents. Under the recent GR, liability is limited into Rp. 4. Trillion (from the previous Rp. 900 billion). Read the said GR here (in Bahasa).

I published an article in today's Jakarta Post:

Law 27/2007 enables private ownership of coastal zones through a system called HP-3 (which governs the right to commercialize coastal waters). The idea behind this system is to allow the exploitation of the currently neglected, but potentially profitable, 81,000 thousand kilometers of Indonesian coastline and its 12 mile wide territorial sea.

A HP-3 grants ownership to water columns (above the seabed to the water surface) in Indonesian territorial zones. In most cases, the Law stipulates that HP-3s will be granted by local governments. The Law says that the first period of ownership is granted for a period of 20 years but can be extended. As the law does not impose any limitation for extension, it is presumable that HP-3s could be owned perpetually. It is also worth noting that a HP-3 certificate can be used as collateral to secure a loan.

We know from theory that in order to be functional, property rights must fulfill the "3Ds" rule: definability, defensibility and defeasibility. Property rights can only be efficient within these three aspects, and only if transaction costs are low.

With respect to definability, the Law stipulates that a HP-3 covers a three dimensional space from the seabed up to the surface. This would mean that the seabed falls under another system of regulation. There is however, some interface between the seabed and the water column, and this becomes an issue in sea mining operations. If there is an overlap of ownership between the two (the seabed is granted to an oil company and the HP-3 on the surface is granted to an aquaculture company, for example).

A way of preventing this problem is by coordinating the awarding of property rights between the two areas. That is to say, the awarding of any marine mineral resources exploitation license by the central government must be coordinated with local government.

In another scenario, if both a seabed exploitation licenses and a HP-3 for the adjacent surface are owned by the same entity, disputes could occur from one area to another, which could dilute the value of the property of the neighboring HP-3 owner. One way to anticipate this is for the local government to stipulate which area is used for what. Zoning mechanisms must be very solid in order to prevent property rights disputes.

The law also does not define exact rights within a water column. A water column may be an area passed-though by highly migratory species protected under international law, which therefore cannot be harvested, even by HP-3 owners. A way to address this issue is by clarifying the dos and don'ts for HP-3 owners when implementing regulations.

Another significant problem is that marine boundaries constantly change because of natural phenomenon. HP-3 limits could be confused if the baseline used to measure a sea boundary also changes because the sea level rises. I am not certain as to what mechanism could be used to adapt to this problem.

As for defensibility; defending a property rights in the ocean is relatively more difficult than on land. On land, one can install fences in order to defend and mark their property. This is not possible in the sea. Nets can be used, but if used too extensively they could capture protected species. The surface structure could be used, but that should not hinder navigation for vessels passing through the area. And in any case, it is difficult to exclude traditional fishermen from fishing in HP-3 zones, as they may not be equipped with GPS.

HP-3s are interestingly defeasible enough. Defeasible basically means that the property rights can be transferred. In theory, a property right must be defeasible in order to enable exchange, so that a market can develop. The Law does stipulate that HP-3s can be transferred or encumbered with a mortgage. It is not yet clear which government department would be responsible for the registration of the mortgage. As long as the government has not clarified any institution responsible for the mortgage registration, the idea of mortgaging the sea will not be enforceable. Mortgage is an important part of the whole scheme, as it allows banks and other investor to enter and finance the project.

As we can see from the above explanations that property rights in the sea could be very costly in terms of its definability, defensibility and defeasibility. A huge amount of information would be required to define the property rights. Sonar imaging, GIS interpretation or anthropological studies on the existence of traditional fishing rights would expend a huge of amount of cost.

But these things are essential because, without a clear definition of property rights, future disputes may occur. Defending property rights is also difficult and the costs will be borne by the owners. If the cost of defending the property rights is more than the benefit of exploiting it, then it will not be a worthy investment. As for defeasibility, there is a high cost for institutional set-up. An institution will need to be established in order to maintain marine cadastre and administer HP-3 titles and their encumbrances.

EPA will hold a conference in utilizing nanotechnology to prevent pollution. These are the three main questions to be addressed to the participants:

1. Which nanotechnologies show the greatest promise for preventing pollution?

Considerations:

• This question should be viewed through the lens of life-cycle thinking to minimize the possibility of unintended consequences.
• Which pollution prevention applications are the most likely to find real-world applications?
• What barriers exist to the adoption of nanotechnology-enabled pollution prevention applications?

2. What are the most promising areas of research on pollution prevention applications of nanotechnologies?

Considerations:

• Which research areas could improve our understanding of the full life-cycle of nanomaterials?
• How can the beneficial properties of engineered products of nanotechnology such as increased surface activity, greater conductivity, improved strength-weight ratio, altered optical properties (changes in color or opacity), and flame retardancy be used to improve materials and products and reduce the production of pollutants at their source?

3. What recommendations do conference participants have for promoting and encouraging pollution prevention in the development and application of nanotechnology?

Considerations:

• What actions could be taken, and by whom?
• What mechanisms, programs, or associations could promote the research, development, and adoption of such applications?
• What role can EPA programs play?