Showing posts with label water. Show all posts
Showing posts with label water. Show all posts
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9 (Nine) Indonesia's Water Governance Articles You Should Read

Sunday, July 2, 2023

The article titled Water Quality Parameters -- Monitoring And Maintaining The Health Of Our Waterways discusses the importance of monitoring water quality parameters to maintain healthy ecosystems and ensure safe drinking water supplies. It covers key parameters such as temperature, dissolved oxygen, pH, nutrients, turbidity, and contaminants. The article provides examples of how changes in these parameters can affect aquatic life and human health. For instance, urban runoff can raise water temperatures, causing thermal pollution, while agricultural runoff can lead to excessive nutrient levels, causing eutrophication and low oxygen levels. The article emphasizes the need for monitoring and regulating these parameters to protect ecosystems and public health. 

The article titled Water Sector Regulation discusses the various aspects of water services regulation. It covers topics such as the structure of the water services industry, the question of ownership and control, the role of licenses and contracts in regulation, and the unique challenges posed by the natural monopoly character of water service. The article also emphasizes the importance of specific legislation to tackle consumer problems in water services, detailing provisions on duties to supply, supply standards, and customer service. It further discusses the role of legislation in economic regulation and the need for independent, capable regulators. Lastly, the article touches on the importance of demand management and water efficiency, and the role of legislation in these areas.

  Court decision brings water governance reforms to a halt (Part 1 of 2) discusses the implications of the Indonesian Constitutional Court's decision to invalidate Law No. 7/2004 on Water Resources. The decision has caused a significant impact on the Indonesian water community, leading to the halt of several planned water projects and threatening ongoing ones. The author argues that the decision has effectively ended water governance in Indonesia, as the framework for conservation and management of water resources no longer exists. The article also highlights the potential negative effects of this decision, such as the lack of regulation for groundwater extractions, which can lead to land subsidence and saltwater intrusions, and the absence of legal basis for flood control. The author expresses concern that the court's decision could impede the fulfillment of the sustainable development goal of universal access to water and sanitation.

The ultimate risks of water privatization. This article discusses the potential risks associated with the privatization of water services, particularly when contracts are concluded with multinational corporations (MNCs). The author outlines three legal arenas that are impacted by such privatization: transnational, national, and contractual. The article argues that privatization can put the government in a legally disadvantageous position, as disputes arising from contracts can be transformed into international investment disputes through bilateral investment treaties, leading to costly international arbitrations. The author also highlights the lack of adequate accountability and responsibility standards for MNCs, which could potentially lead to irrecoverable environmental or labor losses. At the national level, the author criticizes the weak protection of the right to water in Indonesia, noting that the constitution does not explicitly recognize this right and that current regulations do not distinguish water from other infrastructure projects. The article concludes by emphasizing the need for transparency in water governance and public involvement in decision-making processes.

Can the courts concern over water privatization be justified (Part 2 of 2) This article is the second part of a discussion on the implications of the Indonesian Constitutional Court's decision to halt water governance reforms. The author delves into the concept of corporatization, a process by which a public, state-owned company behaves like a private sector entity. The article questions the court's assumption that state control over natural resources is automatically ensured when these resources are managed by state-owned companies. The author argues that this perspective overlooks the capitalist nature of corporations and the potential for state capitalism to emerge. The article also criticizes the court's decision for not addressing the risks of corporatization. The author suggests that the focus should not be on public versus private ownership, but on how the state regulates and ensures reliable and affordable services. The article concludes by proposing several potential actions for the government, such as creating implementing regulations and evaluating which provisions in the water law and its implementing regulations are problematic. 

The article titled The new governor and Jakarta's drinking water problem discusses the challenges faced by Jakarta's newly installed governor, Joko "Jokowi" Widodo, in addressing the city's drinking water issues. The article highlights the complexities of water provision, which is a natural/legal/monopoly, and the trade-off between service levels and network expansion. It also discusses the significant costs associated with expanding the network to low-income citizens. The article points out the structural disincentives in connecting to the poor due to the current governance structure of Jakarta's water services. It suggests that Jokowi should address the lack of incentives from regulatory actors in connecting to the poor, consult the poor on how they want to be connected to the network, and try to reform the existing legislation which penalizes the poor for late payments. The article emphasizes that these challenges should not discourage Jokowi from his initial plan to provide services to the poor.

Indonesia needs a strong water services law This article emphasizes the need for a robust water services law in Indonesia. The author points out that only a small portion of the population has access to piped water and that the lack of sanitation contributes to significant economic losses and health issues. The article criticizes the current water law for its vague and broad regulation of water services, which can lead to legal complications when dealing with large-scale water projects involving multinational corporations and foreign lenders. The author argues that the governance of water resources and water services should be treated differently, as they deal with distinct aspects of water management. The article also highlights the importance of a water services law in protecting consumers from service disconnection, establishing a consultation mechanism for tariff setting, setting quality standards for drinking water, and detailing consumer rights. The author concludes by stating that without a water services law, the rights of consumers and investors are not legally guaranteed and are subject to the mercy of local governments.

RI water services suffering from a lack of governance This article discusses the lack of governance in Indonesia's water services. The author notes that while funds are available for investment by the private sector, most private sector participation in the water sector is failing. The article criticizes the focus on public versus private ownership of water utilities, arguing that the real question should be about what governance mechanisms work for either public or private water utilities. The author also points out that both privatized and non-privatized services are developing without adequate governance. The article highlights the situation in Jakarta, where water services are regulated mainly through concession contracts, which do not reflect the need to incorporate post-privatization reality and do not provide clear rights for water customers. The author concludes by emphasizing the need for local governments to establish a framework for transparency, accountability, and participation through regional bylaws, especially when services are to be privatized. 

The article titled Assimilative Capacity -- Understanding Nature's Ability To Absorb Impacts discusses the concept of assimilative capacity, which refers to the ability of a natural system to absorb, process, or neutralize pollutants, waste, or disturbances without significant adverse effects. The article emphasizes the importance of understanding assimilative capacity for effective environmental policies and strategies that protect natural resources and promote sustainable development. It provides a definition of assimilative capacity and explains its importance in environmental management, including the protection of ecosystems, maintenance of ecosystem services, and promotion of sustainable resource use. The article also provides examples of assimilative capacity in different environmental systems, such as river systems, airsheds, and coastal ecosystems. These examples illustrate how managing pollutant discharges and waste production based on assimilative capacity can help protect water quality, maintain air quality, and preserve the ecological functions of coastal ecosystems.

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Strengthening mutual accountability and partnerships for WASH, Country Brief, Indonesia

Sunday, September 12, 2021


Source: Cunningham R; Al'Afghani, MM; Qowamuna NA; Winterford, K; Willetts, J (2021)


This study identified five main findings, as follows:

  1. There are various multi-stakeholder platforms in the national level in Indonesia which have varied characteristics, functions and membership, and some overlaps, and include five main platforms (Pokja, Jejaring, Sanitation Partners Group, Pokja PKP, Pokja Sanitasi). These platforms primarily serve as communication and coordination platforms between WASH stakeholders rather than serving to support accountability. 
  2. The social network analysis demonstrated high fragmentation and low cohesion across WASH stakeholders, with some WASH organisations having unique networks that they operate within, but which are not shared by other organisations. Donor and aid organisations had more frequent interactions with government compared to local NGOs and research organisations. 
  3. Currently there is no mutual accountability mechanism in place between national WASH stakeholders. Rather, there is evidence of accountability occurring internally within organisations or institutions. There is also evidence of accountability from development partner/NGO to the national government, and there are traditional vertical accountability mechanisms, a medium-term development plan to guide overall direction of the sector and mechanisms such as the Ombudsman and regular reporting. However, these do not constitute mutual accountability between WASH stakeholders. The existing multi-stakeholder platforms do not explicitly enable mutual accountability between WASH stakeholders. 
  4. COVID-19 did not change the existing accountability mechanisms. However, it changed the way WASH stakeholders communicate. The method of communication shifted from the traditional face-to-face communication to online communication. Online communication was considered to be more flexible, as well as cost and time effective. As such, by utilizing online platform, there is a potential to enhance participation of WASH  stakeholders in WASH discussion. 
  5. 5. Most WASH stakeholders had heard about SWA as a global partnership, but they were not aware of its specific activities in Indonesia. This is due to Indonesia’s relatively recent participation in SWA (Indonesia joined SWA in 2017) - as such most non-SWA partner organisations had no or little knowledge about SWA activities – and there was an absence of a multi stakeholder forum to facilitate Indonesia’s commitment in SWA. To increase accountability between WASH stakeholders, a forum that enables mutual accountability mechanism is needed. There is no need to establish a completely new forum as the existing multi-stakeholder forum can be optimized to accommodate this need – it is, however, important to redesign and improve the quality and effectiveness of the existing forum for it to function well. In line with the MAM, Pokja and Jejaring AMPL, which primarily function as a communication and coordination platform, can be redesigned to enable a process to hold stakeholders accountable for their commitments – allowing assessment, reviews, and necessary adjustments to the stakeholders’ performance. The MAM will have the potential to bind its members and enforce commitment implementation provided that there is a high-level support from the President as a reflection of political will as well as SWA’s strong support in the national and global level are essential to achieve this goal.

Download the full report here

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Water Allocation Issues Under Law 17/2019

Thursday, January 28, 2021

 


CRPG released Policy Brief 01/2021: Water Allocation Issues Under Law 17/2019

Five issues on water allocation were raised: prioritization of drinking water utility, conflict between the same category of uses, groundwater and conjunctive uses, water footprint and the impact of jobs creation law.



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Kertas Posisi Masukan Jejaring AMPL untuk RUU SDA

Friday, October 12, 2018






Center for Regulation, Policy and Governance (CRPG) bersama dengan Global Water Partnership South East Asia, Jejaring AMPL dan UNICEF menyelenggarakan Focus Group Discussion "Dampak RUU SDA Terhadap Penyediaan Air Minum dan Sanitasi", 17 September 2018 di Jakarta. FGD ini kemudian dilanjutkan dengan workshop "Rekomendasi Multipihak atas Dampak RUU Sumber Daya Air Terhadap Penyediaan Air Minum dan Air Limbah" di Hotel Park Lane, Jakarta, 20 September 2018. Materi dari keseluruhan rangkaian FGD dan Workshop ini dipergunakan untuk memperkaya Kertas Posisi Jejaring AMPL yang disampaikan kepada DPR secara simbolis pada tanggal 20 September 2018.   

Bahan dan materi pada kegiatan diatas:

  1. Kertas Posisi Masukan Jejaring AMPL Kepada Dewan Perwakilan Rakyat Republik Indonesia Perihal Rancangan Undang-Undang Sumber Daya Air (RUU SDA) (Download)
  2. Workshop Hasil Focus Group Discussion (FGD) Multipihak atas Dampak RUU Sumber Daya Air Terhadap Penyediaan Air Minum dan Air Limbah, Hotel Park Lane, Jakarta, 20 September 2018 (Download

Bahan dan materi lainnya terkait RUUSDA

Berita terkait di situs Jejaring AMPL.

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Regulatory Framework for Local Scale Wastewater / Kerangka Regulasi Air Limbah Skala Lokal

Thursday, March 31, 2016


CRPG recently completed its report (currently in layout stage) on the regulation of local scale wastewater commisioned for ISF UTS under the ADRAS project. We propose that regulatory framework specifically acknowledge local/community scale wastewater in the spectrum of wastewater provision and that community based organizations are accorded with distinct rights and obligations as a service provider. The template that we propose (above picture) can be incorporated into regional bylaws/regional regulation or national regulation.

To download the high quality resolution mind map, "save as" this link.

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Hasil Analisa Regulasi Air Limbah Skala Lokal

Sunday, March 27, 2016





Berikut adalah hasil analisa regulasi air limbah skala lokal, dipresentasikan pada pertemuan di Ditjen Cipta Karya dan Bappenas, Maret 8 dan 9, 2016. Riset ini terselenggara atas kerjasama antara ISF-UTS dengan CRPG, ODI dan Borda atas dana dari Australia Development Research Awards (ADRAS) Scheme.

Untuk mendownload versi penuhnya silahkan (save as) link ini.

Laporan akhir sedang dalam proses layout dan penterjemahan.

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Integrated Water Resources Management for Law and Policy makers/advisers (UNESCO Centre)

Saturday, February 7, 2015

The UNESCO Centre for Water Law, Policy and Science, University of Dundee will organize a workshop on "Integrated Water Resources Management for Law and Policy makers/advisers" this June, 2015. According to the website:

The course aims to provide participants with critical insights into the science that underpins integrated catchment management, through an exploration of key hydrological, ecological and hydrogeological processes, methodologies and the current state of the art. A further theme of the short-course will be to explore how the accessibility of water-related scientific data and information can be enhanced within a policy/decision-making context. This intensive short-course is targeted at water professionals that do not have a scientific background, such as lawyers and policy-makers.

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Water and Power, are water services still public?

Friday, February 6, 2015

Municipal Services Project (MSP) have put a nice video for understanding the idea of 'corporatisation' and its implication on 'publicness'. Have a look also at an article by David McDonald "What is corporatization? The ‘new’ look of water and power utilities" at the MSP Blog.


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Regulation of Community Based Water and Sanitation (January Review)

Sunday, February 1, 2015

The following is a review of blog posts on the regulation of community based water and sanitation in Indonesia to date. This posts reflects ongoing research by CRPG.


  1. "Opportunities and Challenges in Integrating Community-Based Water Services into the Legal Framework". This is my original 2013 draft paper on the regulation of community based watsan in Indonesia. Read more.
  2. "Ringkasan analisa pengaruh adat dalam proyek infrastruktur air"(in Bahasa Indonesia). The article summarizes our research on the influence of Adat (local custom) in community based water projects in East Nusa Tenggara province. Read more.
  3. "From the field: HIPPAMS Tirto Agung". A summary of our visit to one of the successful Community Based Organization in East Java. Read more.
  4. "The relationship between community based water services and regional water utility". Our research explores the conflict and (potential) cooperation between community based water provision versus provisions by regional water utilities (Perusahaan Daerah Air Minum or PDAM). Read more.
  5. "From the field: Water CBO Year End Report". This post features how a village-level water CBO, HIPPAMS Tirto Agung (see no.3 above) present its year-end report. The administrative system is quite advanced for a village level CBO. Not all CBO is this advanced, however. Read more.
  6. "Regional autonomy principles restrict provinces in developing community based water and sanitation (?)" In this article, we analyzed that regional autonomy implemented in Indonesia may have impeded the development and sustainability of community-based water and sanitation. Read more.
This list will be updated in upcoming blogs posts as we move further with our research.

Update 30/07/2016:

Full report, presentations and other research materials are available for download at the project page: Regulation of Community Water and Sanitation.

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Regional autonomy principles restrict provinces in developing community based water and sanitation (?)

Tuesday, January 20, 2015

We had a little chat today with several officials involved in the development of community based water and sanitation in East Java. One of the main obstacles in intervening in the development of community-based water and sanitation (Air Minum Penyehatan Lingkungan Berbasis Masyarakat or AMPL-BM) are due to regional autonomy. 

According to our sources, provinces can no longer intervene in the development of community-based watsan in regencies/municipalities, since their authority in water provisions are limited to inter-municipality/inter-regencies initiatives or in areas regarded as "water scarce". Indeed, regional autonomy principles bars provinces from interfering in local (regency/municipality) affairs. Water provision is considered as local affairs. On the other hand, almost all of community-based watsan initiatives are conducted at local level.

Our sources told that Law 23 is quite strict in terms of restricting provincial involvement into inter regency/municipality initiatives whereas Government Regulation 38 provides permit some intervention for water scarce areas. For now, provincial governments can intervene through "belanja hibah" (provincial grants). However, this scheme is not entirely secure. The Ministry of Interior have conducted review of the province's regional budget and conclude that such grants mechanism is incompatible with regional autonomy principles. 

We will conduct a legal analysis of regional autonomy laws and recommend feasible solution to this problem. 

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From the field: Water CBO Year End Report

Sunday, January 18, 2015

Here's a year-end presentation (in Bahasa Indonesia) that we obtained from a local Community Based Water and Sanitation Organization, HIPPAMS Tirto Agung, Tlanak Village, Lamongan Regency in East Java. The CBO is one of the best in East Java. The reporting, administrative and financial system is quite modern. They are equipped with accounting software. They have also implemented a progressive tariff. Obviously, there are challenges and rooms for improvement that we will highlight in our final report, but this is probably one of the best model of water CBO currently in existence. 





Download the above presentation in pdf format.

For further contact:

HIPPAMS Tirto Agung, Jl. A. Yani No. 01
Desa Tlanak, Kedungpring, Lamongan
Telepon:0852-3280-6295
Drs Panggeng Siswadi, M.Pd (Ketua)
e-mail: panggengs(at)yahoo.com

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The relationship between community based water services and regional water utility

Tuesday, January 13, 2015

One of the aspects we examine in our Indii-AIIRA research on the regulatory framework for community based water services is the relationship between local water utilities in CBO.

As we all know, the National Policy on Community Based Drinking Water and Environmental Health (Kebijakan Nasional AMPL BM) differentiates between community based versus non community based (the policy uses the term community versus "institution based" services. "Institution based" services includes PDAM. Our research looks at how these regimes interact.

One of the dominant view we observe in our research is that CB WS is perceived as a voluntary effort. CB initiatives are perceived as inherently temporary, until PDAM can expand its network to remote areas. We discovered cases where PDAM actually expands to regions where CBs are already present.

Some of the issues that we encounter are the following:

1. Health PDAMs can oftentimes provides water reliable quantity and quality and have the capacity to expand network to remote areas served by CB.

2. Villagers may opt for PDAM services, provided that they can ensure quality abd quantity as above, rather than CB services, if they have both the willingness and capability to pay.

3. However, PDAM services costs more than CB services, due to various treatment, technology and expertise employed there. Consumer may choose lower water quality provided by CB over PDAM. This is case where consumer preference prevails.

4. In times of drought, water sources used by CB depletes. Healthy PDAMs can be more reliable in terms of securing water supply as they have the technology and resources to treat surface water, whereas, most CB uses groundwater. In these cases, consumer preference plays no role. Consumer may tend to choose to switch to PDAM from CB.

5. The coordination between PDAM, CB and other initiatives are crucial. This must be reflected in RISPAM (water plan)  and informally in day to day activities.

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From the field: HIPPAMS Tirto Agung

Sunday, January 11, 2015

As a part of our AIIRA research, the CRPG team conduct a field study in Lamongan Regency, East Java. We were invited to an annual stakeholders meeting of HIPPAMS Tirto Agung at Tlanak Village, Kedungpring District, around 23 kilometres from the city of Lamongan.

The presentation was made by HIPPAMS (Community Based Organisation for Water and Sanitation) chairman Panggeng Siswadi and attended by the Village Head and apparatus. The Tirto Agung Hippams have been able to increase coverage of almost four times since its establishment. It has healthy financials productive assets. Coverage is reported at 90 % and non revenue water is at 18%. A part if their revenue is dedicated to sanitation, thus the picture where the chairman is handing over a closet.

We are specifically interested in analyzing their statutes and village based regulatory framework, their organisational culture and service standard, as well as the role of the regency in monitoring and evaluation.

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Ringkasan analisa pengaruh adat dalam proyek infrastruktur air

Sunday, December 7, 2014

Kami saat ini sedang menganalisa hasil studi lapangan mengenai pengelolaan proyek infrastruktur air bersih di Ende, Nusa Tenggara Timur. Berdasarkan studi lapangan kami menemukan pengaruh lembaga adat dalam proses keberlanjutan proyek infrastruktur air. Dalam penelitian lapangan ini pendalaman ini  selain pengambilan data tertulis berupa,akta pendirian, laporan kegiatan LSM, laporan kegiatan lembaga donor, Laporan kegiatan pemerintah, peraturan lokal maupun mekanisme tertulis lokal dalam keputusan-keputusan yang dihasilkan oleh musyawarah desa, juga dilakukan wawancara, observasi partisipan terhadap informasi data lapangan (data tidak tertulis) untuk menjawab  pertanyaan-pertanyaan penelitian yang sudah disusun dalam Paduan TOR turun lapangan NTT. Penelitian ini menggunakan pendekatan kualitatif dengan teknik pengumpulan data wawancara mendalam-terstruktur,observasi partisipan dan wawancara kelompok  terstruktur (FGD lokal). 
Dalam konteks ini,tim peneliti telah melakukan wawancara mendalam terhadap informan pelaku regional pada tingkat Provinsi dan Kabupaten pada keiatan air minum penyehatan lingkungan-berbasis masyarakat.Lebih lanjut, tim peneliti melakukan wawancara terhadap  seluruh representasi stakeholder/pemangku kebijakan  yang terdiri dari dua puluh tujuh informan sebagai pelaku regional AMPL-BM yang diseleksi dari beragam latar belakang yakni pegiat LSM, tokoh masyarakat,tokoh adat,tokoh agama  maupun pelaku dari sektor pemerintah untuk mendapatkan gambaran yang utuh mengenai dinamika atas pelaksanaan  regulasi dan keberlanjutan  kegiatan AMPL_BM di  Kabupaten Ende,Nusa Tenggara Timur. Setidaknya ada empat poin utama temuan lapangan kami :
Pertama,Peran tokoh tokoh  adat harus dilibatkan dalam proses post-konstruksi dari proyek infrastruktur air dalam bentuk pennjukan aktor-aktor tokoh adat (Mosalaki) sebagai pemimpin organisasi formal pelayanan penyediaan air bersih (BPSPAM), keberadaan pemimpin adat berpengaruh dalam perkembangan pola organisasi BPSPAM .  
Kedua, Persepsi tentang iuran  dari masyarakat lokal yang perlu diletakan sebagai  "alat tukar" atas penghargaan tata nilai pranata adat di masyarakat, sehingga Iuran tidak dilihat sebagai kompensasi terhadap pelayanan air (Service) namun penghargaan terhadap penghormatan atas pranata adat karena telah mampu memanfaatan sumber daya alam.
Ketiga, Pengembangan model pendampingan pemerintah   dalam masa Post-kontruksi yang mencakup pendampingan organisasi serta pendampingan teknis
Keempat,Pembentukan sanksi sosial yang berlandaskan pada nilai-nilai pranata adat.



The Free Flow Principles from Article 19

Sunday, April 6, 2014

I was invited for an expert meeting in London by Article 19 last February, to discuss transparency principles applicable to water resources and services. The meeting provides input to the Free Flow Principles launched by Article 19 on the eve of the World Water Day


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Below are quotes from several experts and activists invited to the meeting:

Amadou Kanoute, CICODEV, Senegal:
Two years ago we heard through the media about the government's plan to overhaul the institutional framework of the water delivery service in Senegal. The planned move from a service contract to a 25-year concession to a private company, would have meant a 41% increase on the tariff of water and would have made it difficult for disadvantaged consumers to access such an essential service. Just having that information and then being able to expose it pushed the government to revert. But what could have happened in Senegal has already taken place in many other countries in Africa, without notice and without people being given the opportunity to air their views. In our case we were lucky to have a free press to alert usThe Free Flow Principles – specifying obligations of states in regard to right to know, right to be heard, right to speak, public participation and transparency – will be useful to all advocacy efforts on rights to water and sanitation.”
Vanessa Lucena Empinotti, Environmental Governance Research Group at PROCAM/IEE/University of São Paulo, Brazil:
The Free Flow Principles will be instrumental in increasing transparency practices and access to information in the field of water resources.  Particularly in Brazil, The Principles will reinforce the participatory and decentralized water institutions already in place and consequently increase their influence over the State and private sector. Access to information is critical to ensuring equitable access to water and sanitation.”
Rezaul Karim Chowdhury, Coast Trust, Bangladesh:
In Bangladesh, we are in the midst of a drinking water crisis in both coastal and urban areas, mostly due to climate change. The situation is particularly critical for women who, in carrying the burden of providing for their families, are the worst to suffer. These Principles will be an invaluable tool for communities and civil society activists advocating for better governance.”
Mohamad Mova Al'Afghani, Center for Water Governance, Indonesia:
In Indonesia, disclosure in water and sanitation sector is minimal. Contracts are often kept secret and water governance tends to be implemented in a highly technical, exclusive and elitist manner. Problems relating to water are not simply about pipes and infrastructures. They are about how people resolve disputes amongst themselves and how they are able to relate themselves to the environment. If water democracy is to be realized, the public must be enabled to participate meaningfully in the process. The Principles will help empower people to do so.”
Scott Griffen, International Press Institute, Austria:
"These Principles reflect an increasing recognition of the link between development and freedom of expression. By assisting journalists to define those rights and seek to improve and promote journalistic coverage of development issues, The Principles will very much compliment our efforts to  guide journalists in their reporting of development issues. We look forward to distributing The Free Flow Principles to our network."

You can download the full principles here (English).

Mohamad Mova Al'Afghani

JAKARTA DECLARATION FOR STRENGTHENING THE THE RIGHT TO ENVIRONMENTAL INFORMATION FOR PEOPLE AND THE ENVIRONMENT

Monday, May 20, 2013

Below is the Jakarta Declaration adopted on the STRIPE Meeting on May 1, 2013


JAKARTA DECLARATION
FOR STRENGTHENING THE
THE RIGHT TO ENVIRONMENTAL INFORMATION FOR PEOPLE AND THE ENVIRONMENT
May 1, 2013

Representatives of governments, international organizations, civil society organizations, and 
academia from China, Indonesia, Japan, Mongolia, Philippines, and Thailand,  gathered in Jakarta, Indonesia 
between April 29- May 1 for the Strengthening the Right to Information for People and the Environment (STRIPE) 
regional meeting to propose strategies and new actions to improve environmental information in Asia for people and the environment:


PREAMBLE:
Recalling Principle 10 of the Rio Declaration1992 which states that environmental issues are best handled with the participation of all concerned citizens, and that each individual shall have appropriate access to information concerning the environment, the opportunity to participate in decision-making processes, and effective access to judicial and administrative proceedings,

Emphasizing that the Governments of China, Indonesia, Japan, Mongolia, and Thailand have all adopted Freedom of Information laws (FOI) or regulations which provide a right of access to information including environmental information,

Recognizing the need for an effective Freedom of Information law and Regulations in the Philippines to improve access to environmental information,

Acknowledging that air and water pollution continue to cause environmental degradation and contamination of the soil and sea and this is impacting people's health, social well-being, and livelihood across the region,

Concerned that the right of access to environmental information is critical to preserve people's health and environment and can contribute with people's participation to more effective pollution control,

Recognizing the essential role that people play in the pollution control process and the role Environmental Ministries and Agencies play to enable and support public engagement and protection of the environment,

Emphasizing that public disclosure programs that release information on the quality of air and water as well as discharges into the environment by private corporations and state-owned companies can assist in promoting pollution prevention, abatement, and good corporate behavior,

Recognizing that information needed by people includes the status of air and water quality and quantity, trends over time, permitting, monitoring and enforcement to enable and educate them to make decisions to protect their health and the health of their families,

Convinced that political commitment to implement the right of access to environmental information is necessary to protect people's right to a clean and healthy environment and their right to live and achieve the Millennium Development and Sustainable Development Goals.

FINDINGS:
The STRIPE REGIONAL MEETING hereby finds that:

1.   FOI laws assist in ensuring access to environmental information by people and communities. However, information on air and water quality and pollutants released into the environment needs to be released proactively, in formats that are easily understandable by the public, without a request.

2.   Government needs to adopt legal requirements for the collection and production of environmental information.

3.   Laws that guarante a specific right of access to environmental information without a request need to be operationalized to ensure quick and timely access to environmental information.

4.   The right of access to environmental information should be promoted at the international and regional level. The Aarhus Convention and the Latin American and the Carribean (LAC) regional process can serve as a model for the Asian region.

5.   The United Nations Environment Programme's (UNEP) Guidelines for the Development of National Legislation on Access to Information, Public Participation and Access to Justice in Environmental Matters (the Bali Guidelines) should be utilized by Governments in the region to raise standards of national legislation on access to environmental information.

6.   Governments in the Asian region need to improve FOI laws to comply with international standards. 
Areas of priority in the region include:

a.   Protection of public officials from being sued for the release of information under FOI laws;
b.   Penalties and administrative sanctions where public officials intentionally breach the law;
c.   Reforming broad exemptions in FOI laws and ensuring the public interest is considered in 
      deliberations whether to grant or refuse information;
d.   Removing limitations of the right to information to only citizens;
e.   Lowering fees for making requests and obtaining copies of documents;
f.    Removing requirements for people to provide a reason to make a request;
g.   Inclusion of private corporations that are required to carry out public functions and state 
      owned enterprises within the scope of the law;
h.   Developing up-to-date archive and records management laws that mandate the collection,
      retention and management of information by governments;
i.    Ensuring that information commissioners are independent and have sufficient power to order 
      the release of information.

7.   Effective implementation of FOI laws helps to expand access to environmental information.  
      Areas which need to be targeted for improvement in the region include;
a.   Responding to requests within the timelines under the law;
b.   Providing appropriate incentives to government officials to ensure compliance with FOI
      requirements;
c.   Allocation of necessary budgetary and other resources to ensure efficient and timely 
      administration;
d.   Appointment of information commissioners with the tools to ensure adequate enforcement of the 
      FOI law and providing methods for the disclosure of their decisions;
e.   Implementation of proactive disclosure provisions in FOI laws;
f.   Public education and training to empower civil society and communities to make full use of the 
     right;
g.  Improving training for government officials and systems for tracking, transferring and monitoring requests, and regular monitoring and
     reporting on the operation of the law;
h.  Collecting statistics on the number of requests submitted by the public, publication of FOI 
     decisions, information declared public, and decisions or recommendations of information commisioners;
i.   Review of the operation and compliance with the law, by legislative bodies and information
     commissioners.

8.   Significant barriers for local communities exist that impair their access to environmental 
information across the region.  Barriers include costs and limited information being available at 
local public authorities as well as understandability of technical information.

9.   The public has a right to participate in the setting of priorities on the types of 
environmental information to be released proactively including, but not limited to, planning 
applications, environmental impact assessments, permits, air and water quality monitoring 
information, and inspection reports.


10. Environmental information must be available in a usable and understandable form.  There is a 
need to analyze and interpret data to make it meaningful for all stakeholders. Academics, 
Government Agencies and civil society, and the media all have a role to play in this process.


11. It is important to release environmental information and data at all stages of collection and 
analysis on the internet. Information must be made available to local communities and in a wide 
range of formats including internet, tv, radio, newspaper, paper records and mobile phones. It must 
be systematic, timely, reliable, comprehensive, user friendly, accessible, inexpensive and 
accurate.


12. The use of information enables public participation. Transparency must be guaranteed and 
oopportunities need to be given for public participation in
a.   Policy making
b.   Formulation of standards for release of air and water pollutants c.   Planning stage
d.   Application for permission for  development e.   Grant and Renewal of Permits
f.   Environmental impact assessment processes
g.   Enforcement and reporting of violations
h.   Environmental disclosure programs, for example Pollutant Release and Transfer Registers

13. Capacity building and training of civil society to support communities to interpret data and 
use of information will foster support for transparency amongst all sectors of society.

14. Governments must present environmental information in graphic representations such as maps and 
charts, using symbols and colours to identify risks, and demonstrate breaches or compliance with 
standards, and provide meaningful and relevant information.

15. Access to corporate, facility and state-owned enterprise information that reveals pollutant 
discharges and its impact on the environment is limited in many countries in the region. Emission and Discharge 
data from the corporate sector must be provided to the Government to enable monitoring of the 
environment.
This information shall not fall within the category of commercially confidential information as it 
directly relates to the environment and public health and should be released in the public interest. Rules 
should not allow claims of commercial confidentiality or trade secrets to supercede public interest 
as this information directly relates to environmental and public health.

16. Stronger Legislative frameworks must be enacted that require the proactive release of 
information of pollutant discharge, stored and transfered information. Creating mandatory 
environmental information disclosure programs such as pollutant release transfer registers are a 
priority for the region. Pollution data should be linked to government enforcement, and  in 
addition it should communicate risk to public health and the environment. Where companies 
proactively disclosed pollutant discharge information this can strengthen corporate social responsibility.


Further info, click here 

The Key to Water for All is Governance, Governance, Governance

Monday, January 14, 2013

Four Government Ministers: (left to right: Minister Armida of BPPN, Minister Djoko of Public Works, Minister Agus of Finance, Minister Gamawan of Home Affairs). Minister Agus highlighted three important features of water utilities reform in Indonesia: professional management, business planning, Tariff.

Meanwhile, Minister Gamawan (Home Affairs) stated his intention to reorganize water utilities in the regional autonomy law. The valid law was enacted in 1962 and has never been amended. Hence, The home affairs will try to reform this by amending the regional autonomy law.

Water is Life, The Vice President Said

Vice President Boediono opens the Indonesian Water and Wastewater Expo and Forum. Here's my note on his speech:

1. Water is life, a basic need
2. Municipality/Regency government has huge responsibility
3. Synergy is required
4. The VP asks the audience to strengthen commitment. His office will incorporate results of the IWWEF's symposiums
5. We may miss MDG target (55% safe drinking water so far)
6. 105 PDAM not healthy 85 are "sick"
7. PDAMs are the spearhead of water services
8. From 175 PDAM restructured, 72 has zero progress
9. Corporate Governance for PDAM is key. Political interventions leads to inefficiencies
10. We need to have long term vision. Politician only have 5 year vision. Statesmen has vision for generations.
11. VP: I promise that I will support anything we can do at the central level
12. State/Regional Budget (APBN/APBD) may not be sufficient. It can be used for urgent matters, such as in supporting the poor. But we need other financing schemes.
13. PPP is a good model. If the regions require assistance, the central govt will provide

Evidence From Space: Study for the European Space Agency on the Use of Space-Derived Earth Observation Information and Evidence in Judicial and Administrative Proceedings

Sunday, December 9, 2012

 

The London Institute for Space Policy and Law completed its study on Earth Observation (EO), commissioned by the European Space Agency (ESA). The study, released this April, explored several scenarios where EO is used as an evidence in judicial proceedings. The study also anticipate how future water disputes may utilize EO as evidence. Mr. Al’Afghani is honoured to be cited. Download here.

Dam Infrastructure: Do Not Let Them Just Become Monuments

Tuesday, December 4, 2012

"A memorandum of understanding had to be made because several regencies do not yet have RTRW", Hasan said. As of October 2012, there are only 205 regencies/cities, out of a total 498 regencies/cities, that have completed RTRW. Of the 33 provinces, only 14 provinces have finalised their RTRW.

Mohamad Mova Al 'Afghani, a doctoral candidate at the UNESCO Center for Water Law Policy at the University of Dundee, Scotland, says that it is more appropriate for RTRW to follow "water planning". "Thus, we bring people, bring farmers to the water, instead of water to the people", he said.

 

 

Source: Indonesia Infrastructure Initiative (Indii) website

KOMPAS, 23 November, 2012, Page 35, Section: Fokus Ketahanan Pangan
By Haryo Damardono

 

"I have a message even to workers, so that workers would contribute their energy to the fullest for the implementation of this project. Remember, this project does not belong to a single capitalist, but this is a project of the state, a project for the people, a project for all of us", said Ir Soekarno, when visiting Jatiluhur Dam Project, 19 September, 1965.

From his speech, the strong desire of Ir Soekarno - the proclaimer [of Indonesian independence] - could be felt, that Jatiluhur Dam should be quickly completed. This is because Jatiluhur was key to increasing agricultural productivity, in addition to controlling floods and meeting the needs of raw water.

Initiated by irrigation expert WJ van Blommestein in 1930, Jatiluhur was originally designed to irrigate an area of 517,240ha. However, when President Soeharto inaugurated it on 26 August, 1967 the remaining area was only 240,000ha. Much reduced, but still it was categorically large in size and the condition continued to be excellent.

Not surprisingly, Mohammad Hasan, Director General of Water Resources of the Ministry of Public Works, expressed disappointment when he witnessed the conversion of land [that had taken place] in Bekasi, especially when he observed the land use conversion in the West Tarum Parent Channel. Its inspection road has even been transformed into Kalimalang public road.

Due to its strategic location, the Bekasi - Cikarang corridor has become a magnet for industrial estate and housing developments. Businessmen have long telescoped potential profits there. From the centre of Jakarta, Cikarang is only 24km away, while from the Port of Tanjung Priok it is 35km away.

The glittering gold in Cikarang is demonstrated by publicly listed company PT Bekasi Fajar Industrial Estate, Tbk (BEST), which recorded revenue of Rp 661.97 billion as of the third quarter of 2012, up 88.50 percent compared to revenue in the third quarter of 2011.

Meanwhile PT Lippo Cikarang, Tbk, has also armed itself with a new toll gate at KM 34 + 700 in Jakarta - Cikampek Toll Road. Lippo will soon transform 3,000ha of land into industrial estate and residential area.

Chairman of Indonesian Water Resources Network (SDA), Sudar D Atmanto, noted the importance of a strong will to stem land conversion. "The fact shows that population growth in Citarum River region has been recorded at 1.7 percent, while the entire West Java has registered growth of 1.2 percent. This is an example of how attractive the river banks are as places of domicile, so that the land will increasingly be annexed", he said.

Another fact is that, each year, there are 110,000ha of agricultural lands being converted. The modus may be illegal or legal, in line with spatial planning revisions. In the context of Jatiluhur’s presence, is food agriculture in the Citarum region, and Java, still the focus?

Is there really a future for agriculture in Java, which has recorded a planting index (IP) of 1.9, with productivity of 5.5 tonnes per ha? These numbers glaringly show imbalance, given that the national IP is 1.4 and the average productivity is 4.6 tonnes per ha.

In his book titled Infrastructure Management and Regional Development (2012), Bambang Susantono, said that the economic corridor of Java is focused more on the food and beverage, textile, machinery, and spare parts industries. So, where is the location of food agriculture of the future? The Government's vision turns to the Sulawesi corridor and the Papua - Maluku corridor, with its Merauke Integrated Food and Energy Estate (MIFEE). Some 1.2 million ha of land is allocated for MIFEE, although it is not monopolised for rice, but it may include sugarcane and palm oil.


Spatial Layout

With regard to the conversion of agricultural land, Hasan chooses to speak of the future. "The commanders are indeed the spatial layout plans (RTRW). Without them, Public Works will no longer build any water infrastructures," he said.

On 7 November, for example, Public Works gave its agreement to build Batang Asai Irrigation Area, which covers 6,210ha in Sarolangun Regency, Jambi. The development [process] begins after regional leaders and local communities sign an agreement on sustainable development of agricultural area.

"A memorandum of understanding had to be made because several regencies do not yet have RTRW", Hasan said. As of October 2012, there are only 205 regencies/cities, out of a total 498 regencies/cities, that have completed RTRW. Of the 33 provinces, only 14 provinces have finalised their RTRW.

Mohamad Mova Al 'Afghani, a doctoral candidate at the UNESCO Center for Water Law Policy at the University of Dundee, Scotland, says that it is more appropriate for RTRW to follow "water planning". "Thus, we bring people, bring farmers to the water, instead of water to the people", he said.

In the midst of the many problems on the sustainability of agricultural land, Director General of Infrastructure and Facilities of the Ministry of Agriculture, Sumardjo Gatot Irianto, remains optimistic. The ministry’s main weapon is Law no. 41/2009 on Protection of Sustainable Food Agricultural Land.

"We are also currently conducting an audit of agricultural fields with a target completion in December 2012", said Gatot. He also urged local governments to not allocate lands for purposes of just meeting their food needs.


Rehabilitation

Ministry of Agriculture deals with [sizes of] land areas, while Ministry of Public Works ensures continuous construction of infrastructure. Of the 7.23 million ha of irrigated rice/agricultural fields in Indonesia, only 11 percent have guaranteed supply of water from reservoirs or dams. Hasan gave an indication that, in 2013, some 13 dams will be built, from an inventory of 100 units of potential dams.

The best solution to minimise land conversion needs to be quickly found, then determination of RTRW should be encouraged, at least making sure that the land area for food production remains preserved. It should not happen that the reservoirs and dams will be mere monuments. Understandably, they cost trillions of rupiah to build. Even, the construction cost of irrigation per ha already reaches Rp 30–40 million.

Then, what is no less important is rehabilitation of the irrigation networks. Especially because, based on a technical audit (rapid assessment) of the irrigation system in 2010, in fact 55 percent of the irrigation facilities are in damaged conditions. Most of these are under the local governments’ authority.

The problem is, about 4.8 million ha of rice/agricultural fields are under the authority of the local governments, with special allocation fund (DAK) of "only" Rp 1.4 trillion. Those under the central government’s authority involve 2.4 million ha of land, with funding of Rp 2 trillion.

"The money for the regions may be used up on personnel expenditure. They have no money", said Hasan.

Sudar has a different view. When calculated from the state budget (APBN) allocation worth Rp 1,300–1,400 trillion per year, funding needs for irrigation at the local level account for only 1.8 percent of the total development budget allocation of the regions.

"That’s peanuts (small), nothing. Regional/local governments should compensate it from their respective personnel expenditure. It has to be. If not, no matter how big the DAK is, it would never be enough", he said.

The land has been maintained, the dams are built, while the irrigation networks are rehabilitated. All for the sake of food security. But what if in the end land conversion has continued to take place?

"Well, it is difficult. The stages are indeed from agrarian to industrial, it cannot jump directly to services", said Mova.