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e-democracia, Brazil’s Wiki Legislation Forum. What about Indonesia? (Wikislation)

Tuesday, September 14, 2010

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. 

 

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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”.

Legislation in the Period of e Democracy

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Right to Water as a ‘Red Herring’ ?

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!



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Media Statement: Towards a Case Base Approach to Human Right to Water and Water Quality (World Water Week)

Sunday, September 12, 2010

 



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.

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Legal Policy and Development. Jakarta's Water Future (World Water Week) - UPDATE

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!

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Millennium Development Goals Report 2010

Saturday, September 11, 2010

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.



Monitoring, Oversight, Accountability: the role of human rights (World Water Week)

Thursday, September 9, 2010

This session on Human Rights is chaired by an official from the German's BMZ. The Indepent Expert on Human Right to Water explains the role of accountability in delivering Human Rights. Without accountability/oversight, human rights will not be served. If information on coverage and information on water quality is not available, citizens will not be able to ask for the state's accountability in securing Human Rights. Join at room T3. Sent from my BlackBerry® smartphone

Legal Policy and Development. Jakarta's Water Future (World Water Week)

Legal and policy development, water quality & the right to water riant nugroho.pptx (1841 KB)
View this on posterous

Dr. Riant Nugroho's Presentation at the World Water Week is extremely interesting. The presentation unveils the condition of Jakarta's ailing water resources and services.

Dr. Riant will present at room T3 at 14.00. Enjoy.