Water & The Right to Food Taufiqul Mujib Indonesian Human Rights Committee for Social Justice (IHCS)

Address: Jl. Mampang Prapatan XV no 8A, Jakarta Selatan Website: www.ihcs.or.id | Email: [email protected]

Objective & Structure of Presentation

Water in the Right to Food from the understanding and experience of Indonesian Human Rights Committee for Social Justice (IHCS) > Introduction of IHCS > The Right to Food & Water > Water in Indonesia > IHCS: Seeing Water through Right to Food > Opportunities & Challenges > Case Study

Introduction of IHCS + Activities: Legal aid, Research, Legal reform: revision of Laws and regulation, Legal and Human Right Training, Monitoring + Issue: People access to natural resources, Labor Rights, Agrarian Reform: Right to Food, Fisherfolk & Peasant Rights, Indigenous People's Rights + Partners: SPI, KPA, Bina Desa, API, SNI, SBI (as legal representative), La via Campesina (as human rights adviser)

The Right to Food & Water (1) + Legal Basis International Covenant on Economic, Social and Cultural Rights - article 11 “ The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.”

The Right to Food & Water (2) General Comment no 12 on The Right to Adequate Food “The right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement.”

The Right to Food & Water (3) + Indicate : adequacy and sustainability, adequacy → availability in quantity and quality to satisfy dietary needs, free from adverse substance and acceptable within given culture, availability → possibilities for feeding oneself directly from productive land or other natural resources, or from well functioning distribution, processing and market systems. + Indispensable from inherent dignity of human person, indispensable from other human rights and indispensable from social justice.

The Right to Food & Water (4) + Where is water in the Right to Food? Acknowledgment of water as part of consumption and production in Voluntary Guidelines on the Right To Food + Voluntarily Guidelines on the Right To Food (1) As follow up of 2002 World Food Summit (2) Guide for states for progressive implementation of RtF (3) Comprises 19 point of guidelines, ranging from democracy, economic development policies, nutrition, safety nets, etc.

Water in Indonesia + Water before legally privatized + The privatization of water & impacts; Law no 7/2004 on Water Resources, 25 years of right to use water. The impacts: New conflicts with companies arises : Padarincang-Banten, Sukabumi-West Java, SumedangWest java; Increasing number of water related conflict: Klaten-Central Java + Impact from other government-given-rights ie mining contract work (Freeport > tailing > Waragon Lake-sacred lake for Papua indigenous people)

IHCS: Seeing Water through Right to Food (1) + As part of fundamental rights, that everyone should have equal access and therefor should be respected, protected and fulfilled by the state + To the Law no 7/2004, civil society plead for judicial review at the Constitutional Court, however the Court resolved it as Conditionally Constitutional + Concluded that although the Act opened chances for private sectors to gain water usage rights and water resource usage licenses, this would not caused water control fall into the hand of private sectors. However, the Court inserted a conditionally constitutional clause into the conclusion of law.

IHCS: Seeing Water through Right to Food (2)

+ Use of Voluntarily Guidelines + Legal reform → Water as part of food (to consume) → revision Food Law, Disaster Management Law (to provide clean water for impacted people), water as element of production → Declaration on Peasant Right → Draft of Peasant Protection Law; and part of cultural life → plan of suing Freeport

IHCS: Seeing Water through Right to Food (3) + Human Rights Education, include peasant rights, right to food anytime possible + Progress: National Legislative Program Priority for 2010 – 2014: Draft of Food Act revision, draft of peasants and fisherfolks protection and empowerment.

Opportunities & Challenges (1) +Judicial Review on Water Resources Law no 07/04: Optional Constitutional: as long as govt. implement it in line with Human Rights Obligation: to respect, to protect to fulfill citizen rights over water. + Revision on water resources Act no. 7 year 2004, Draft of natural resources management

Opportunities & Challenges (2) + Lack of political will among the legislators and government, and also within the National Commission of Human Rights + Lack of knowledge on Human Rights and legal among the communities + Right to Food and other ECS Rights are not yet popular among human rights defenders + Limited resources to campaign, to monitor and to document for Right to Food Violation

Case Study: (Aqua-Danone) PT. Tirtainvestama + Location: Padarincang , Serang – Banten + Wide: 12 hectare + Number of investment: Rp. 298.241.000.000,00 + Legitimation: Regent government permission letter no. 593/Kep.50-Huk/2007 + Production plan per year: -package drinking water 15.540 litre with capacity 550.000.000 -soft drink: 15.541 littre with capacity 72.000.000

Dynamics of Indonesian agrarian policies paradigm -Sukarno (old regime)  populism -Suharto (Military regime)  developmentalism -Post military regime (reformation era)  liberalization

Actor

Project

National Policies

World Bank

WATSAL (Water Resources Sector Adjustment Loan) April 1998

Act no. 7 year 2004 concerning Water resources

LAP (Land Administration Project)-

National Policies concerning land

Land Policy Management Reform progam

National strategic planning concerning land management Act no. 25 year 2007 concerning investment

Act no. 27 year 2007 concerning isle lands and coastal area management CGI

Infrastructur Summit- 19-20 January 2005

President policy no. 36 year 2005 concerning supplying land for public interests.

IMF

Letter of Intent

Act no. 22 year 2001 concerning oil and gas President policy no, 55 year 2005 concerning oil fuel price selling.

Indonesian Businessman Association

Forestry Sector Adjustment

Act no. 24 year 2004 concerning forestry.

National Summit – 29-31 October 2009

Draft of supplying land for public interests. ADB sponsoring within Enhancing the Legal and Administrative Framework for Land Project.

Tutupan Hutan Tersisa

Laju kerusakan hutan Indonesia adalah 6 kali lapangan bola (300 ha) per detik

Konsesi HPH

Hutan Alam dan HTI hanya mampu memasok 23% dari total demand (63.4 juta ha per tahun)

Konsesi Perkebunan

Konsesi HTI

Konsesi Eksploitasi Kehutanan

Dari 673 bencana yang terjadi di Indonesia sejak tahun 1998 – 2004, lebih dari 65 persen diantaranya merupakan kesalahan pengelolaan lingkungan – Banjir, longsor dan kebakaran hutan)

Konsesi MIGAS

Dampak Liberalisasi Sektor MIGAS 85% Dikuasai Asing, 15% Pertamina

Konsesi Mineral dan Batubara

1.194KP

341 KK

257 PKP2B

Data DESDM 2004

Konsesi Tambang Mineral, Batubaara, dan MIGAS

Konsesi Kolosal Ekstraktif

Konsesi lahan di Indonesia Lain-lain 73,1 juta ha

HTI

8,8 juta ha

HGU

Tambang 35% lahan

HPH

15,0 juta ha 35,1 juta ha