8 September 2020
“STOP WATER PRIVATIZATION: IMPLEMENT GOVERNMENT OBLIGATIONS TO FULFILL AND PROTECT THE RIGHT TO WATER FOR JAKARTA CITIZENS”
On August 17, 2020, Indonesia celebrated the 75th anniversary of the Independence of the Republic of Indonesia. We believe Mr. Anies Baswedan, Governor of Jakarta is aware that one of the core objectives of the struggle for independence is to create social justice for all Indonesians.
We have strong basis for this as stated in Article 33 paragraph (3) of the Constitution: “The land and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. Water is one of the elements of agrarianism as well as a production branch that must be controlled by the State because of its important nature and is aimed at the livelihood of the people.”
The above was confirmed by the Constitutional Court through Decision Number: 85 / PUU-XI / 2013 which stated that “The right to water is part of human rights, so the State must respect (to respect), protect (to protect) and fulfill (to fulfill), and it is not only related to present needs but also must be guaranteed its continuity for the future because it involves human existence ”.
Furthermore, based on Article 5 of Law Number 17 Year 2019 concerning Water Resources (“SDA Law”): “Water Resources are controlled by the state and used for the greatest prosperity of the people”. In line with Article 5 of the SDA Law, Article 7 The SDA Law states: * “Water Resources cannot be owned and / or controlled by individuals, community groups, or business entities”.
Since 1997 Jakarta water management has been handed over to private for-profit companies, namely PT PAM Lyonnaise Jaya (Palyja) and PT Aetra Air Jakarta (Aetra) [both of which have recently been bought by the Salim Group]. The Financial and Development Supervisory Agency released the “2016 PAM Jaya Performance Evaluation Report” published in June 2017, which shows that the state suffered a cumulative loss of Rp. 1.266 trillion and negative equity of Rp. 945 billion since the collaboration in 1997 with the two private companies. PAM Jaya also has an obligation to Palyja of Rp. 266 billion and Rp. 173 billion to Aetra (Mongabay, April 2018).
In addition, throughout 2013, PD PAM JAYA received 53,114 complaints from customers regarding water services. Most complaints regarding no water (JPNN, December 2013), as well as Jakarta’s very high water tariff, which is Rp. 7,800 per cubic meter (the highest in Indonesia). This condition further excludes the people of Jakarta from fulfilling their right to water.
Mr. Anies Baswedan certainly remembers the campaign promise (2017) that he will “Expand the coverage and improve the quality of clean water services with priority for areas with the worst water quality, and provide direct subsidies for poor people”, then on 12 February 2019 he also promised to “…take over the management of drinking water from Palyja and Aetra.”
It should be noted that expanding the coverage and reach of water services with the private sector has failed. This is evidenced by fact that expansion of water coverage has only increased by 10% since the cooperation agreement with Palyja and Aetra from 1998 to 2017, close to 20 years! This adds to the series of financial losses suffered by the state as stated in the 2017 BPK report.
We are now 28 months prior to the end of the Cooperation Agreement which underlies water privatization in Jakarta. Through this open letter we urge Mr. Anies Baswedan as the Governor of DKI Jakarta to:
- Fulfill the right to water that is sufficient, safe, acceptable, physically accessible and affordable for personal and domestic use of Jakarta residents, as stated in General Comment No. 15/2002 UN Committee on Economic, Social and Cultural Rights;
- Terminate and / or not extend the cooperation agreement and take over Jakarta Water Management from PT PAM Lyonnaise Jaya (Palyja) and PT Aetra Air Jakarta (Aetra) to stop losses to the State and citizens of Jakarta;
- Ensure the availability of a transparent, participatory and non-discriminatory space in the decision-making process and future policy-making for water management in Jakarta;
- Hand over the Jakarta water management to PAM Jaya, the provincial-government owned company to ensure the water sustainability and availability for Jakarta residents.
Organisations / Individuals who support this letter:
- LBH Jakarta
- WALHI Jakarta
- Solidaritas Perempuan
- Indonesia for Global Justice
- Koalisi Rakyat untuk Keadilan Perikanan
- Konsorsium Pembaruan Agraria
- Kesatuan Nelayan Tradisional Indonesia
- Solidaritas Perempuan Jabotabek
- Rujak Center for Urban Studies
- Public Services International
- Jaringan Rakyat Miskin Kota
- Urban Poor Consortium
- Indonesia Corruption Watch (ICW)
- Suhendi Nur – Penggugat Swastanisasi Air Jakarta
- Hamong Santono – Penggugat Swastanisasi Air Jakarta
- Ecih Kusumawati – Penggugat Swastanisasi Air Jakarta
- Wahidah – Penggugat Swastanisasi Air Jakarta
- Abdul Rosid – Penggugat Swastanisasi Air Jakarta
- Risma Umar – Penggugat Swastanisasi Air Jakarta
- Beka Ulung Hapsara – Penggugat Swastanisasi Air Jakarta
- Edi Saidi – Penggugat Swastanisasi Air Jakarta
- Jeanny Silvia Sari Sirait
- Tommy Albert Tobing – Pengacara Publik
- Aliza Yuliana – Warga DKI Jakarta
- Andriyeni – Warga Jakarta
- Suci F Tanjung – Warga Jakarta
- Enday Hidayat – Warga Jakarta
- yunita- warga jakarta
- Pratiwi Febry
- Puspa Dewi – Warga Jakarta
- Kartini Samon – Warga Jakarta
- Yudith Sari Dewi – Warga Jakarta
- M. Toha Hasan – Rakyat Biasa Peduli Kedaulatan Air
- Sudirman Asun – Warga Jakarta
- Sandyawan Sumardi – Pekerja Kemanusiaan
- Yayak Yatmaka – Perguruan Rakyat Merdeka
- Bosman Batubara – University of Amsterdam
- Halimah – Warga Jakarta
- Elisa Sutanudjaja
- Shinte Galeshka