Promoting water infrastructure investment to accelerate access to water in Tanzania: A legal analysis

2020 ◽  
Vol 8 (1) ◽  
pp. 172-198
Author(s):  
JS Ombella

Access to water in Tanzania is reportedly low. However, Tanzania is endowed with plenty of water resources both on the surface and underground. Notably, the uneven occurrence and natural distribution of such water resources limit many communities’ access to water. To guarantee access to water, there is a need to invest in the relevant infrastructures for extraction, treatment and supplying of water from water resources-rich areas to water-scarce areas. Investments in such infrastructures require a sound investment climate, finance, and technological expertise, which seem to be lacking in Tanzania and many other African countries. The absence of a robust legal framework that will cater to the promotion of investment in the water sector seems to be a contributory factor on poor infrastructure in the water sector leading to low access to water. This is because the poor legal framework limits private sector involvement and investment in the water sector due to fear of the risks involved, the lack of awareness of such investment opportunity, and the unclear framework of their participation to name but a few challenges. This article reviews the African regional (African Ministerial Council on Water Declarations) initiative on investment in the water sector and relevant domestic laws on water sector investments. The review reveals that Tanzania’s policy and legal framework is desirous to foster private water infrastructure investment. However, there are legal challenges in respect of the absence of water sector-specific investment incentives, inadequate data on the water sector and investment opportunities, limited human resources, narrow scope of domestic resource mobilisation and overlapping mandate of the established institutions, among others. To guarantee improved access to water Tanzanian water sector laws must address these challenges inhibiting the potential of private sector investment.

Author(s):  
Amelia Ari Putri ◽  
Martua Sihaloho

The existence of Constitution Number 7 the Year 2004 on Water Resources become the foundation of open opportunity for water commercialization and commodification. The private sector has opportunity in water concessions through the granting of entitlements that lead to changes in resource ownership regimes. The establishment of water company makes the abundance of water resources that can be utilized by the community to fulfil their socio-economic needs being reduced. Villagers often mean that the presence of the private sector will reduce water utilization in their area, thus feeling their access to water use will be limited. This study aims to analyze the influence of community access in utilizing water resources to socio-economic conditions of society. This research is located in Sukamantri Village, Tamansari District, Bogor Regency, West Java. The method used to extract facts, data, and information in the research is the quantitative approach through survey method with questionnaires and supported by qualitative data through interview and literature study until obtained by analysis result that access of water resources utilization by society influence their socioeconomic.Keywords: Access, regime property, socio-economic, water resources ABSTRAKAdanya UU Nomor 7 Tahun 2004 tentang Sumber Daya Air menjadikan landasan terbukanya kesempatan bagi upaya komersialisasi dan komodifikasi air. Sektor swasta berkesempatan dalam pengusahaan air lewat pemberian hak guna usaha yang menyebabkan terjadinya perubahan rezim kepemilikan sumber daya. Berdirinya Perusahaan air membuat kelimpahan sumber daya air yang dapat dimanfaatkan oleh masyarakat untuk memenuhi kebutuhan sosial ekonominya menjadi berkurang. Masyarakat desa sering memaknai bahwa kehadiran pihak swasta akan mengurangi pemanfaatan air di wilayah mereka, sehingga merasa akses mereka dalam pemanfaatan air akan terbatasi. Penelitian ini bertujuan untuk menganalisis pengaruh akses masyarakat dalam memanfaatkan sumber daya air terhadap kondisi sosial ekonomi masyarakat. Penelitian ini berlokasi di Desa Sukamantri, Kecamatan Tamansari, Kabupaten Bogor, Jawa Barat. Metode yang digunakan untuk menggali fakta, data, dan informasi dalam penelitian adalah pendekatan kuantitatif melalui metode survei dengan kuesioner, dan didukung oleh data kualtitatif melalui wawancara dan studi literatur hingga diperoleh hasil analisis bahwa akses pemanfaatan sumber daya air oleh masyarakat mempengaruhi kondisi sosial ekonomi masyarakat.Kata kunci: Akses, rezim kepemilikan, sumber daya air, sosial ekonomi


2012 ◽  
Vol 2 (1) ◽  
pp. 27-44 ◽  
Author(s):  
Thi Phuong Loan Nguyen

Since 1986 and especially during the early 90s, environmental protection has become a constitutional principle in Vietnam as regulated by Articles 17 and 29 of the 1992 Constitution. The first Law on Environmental Protection, passed by the National Assembly on December 27, 1993 created a foundation for environmental legislation becoming an important field in Vietnam’s legal system. In the following, Vietnam enacted its very first Law on Water Resources (No. 08/1998/QH10) in January 1999 aiming to provide a foundational framework for managing the water sector in Vietnam. In recent years, the legislative framework on water resources management has further developed. Important water-related regulations on the guidance and implementation of the Law on Water Resources have been issued and often amended to meet the requirements of the country’s development, and its international integration. To date, Vietnam’s legislation on the water sector consists of a complex system of legal documents issued by different state agencies. Though legislation of water sector management in Vietnam has greatly improved during the last decade, it has obviously not yet come to full fruition. Hence, the paper intends to provide an overview of achievements as well as problems and conflicting issues within Vietnam’s current water sector management legislation. Kểtừnăm 1986, đặc biệt là những năm đầu của thập kỷ90, bảo vệmôi trường đã trởthành nguyên tắc hiến định (được quy định tại Điều 17 và 29 Hiến pháp 1992). Luật Bảo vệmôi trường đầu tiên được Quốc hội thông qua ngày 27 tháng 12 năm 1993 đã đặt nền móng cho việc hình thành hệthống pháp luật vềmôi trường ởViệt Nam.Tiếp theo đó, ngày 20 tháng 05 năm 1998, Quốc hội nước Cộng hòa xã hội Việt Nam khóa X, kỳhọp thứ3 đã thông qua văn bản luật đầu tiên vềtài nguyên nước -Luật Tài nguyên nước số08/1998/QH10 hình thành một nền tảng pháp lý cho hệthống pháp luật bảo vệnguồn tài nguyên nước ởViệt Nam. Trong những năm gần đây, hầu hết các văn bản dưới luật quan trọng và cần thiết cho việc hướng dẫn thi hành Luật Tài nguyên nước đã được ban hành và không ngừng được sửa đổi, bổsung nhằm đáp ứng nhu cầu phát triển và hội nhập quốc tếcủa đất nước trong nhiều lĩnh vực khác nhau.Tuy nhiên, khung pháp lý hiện hành vềtài nguyên nước ởViệt Nam bao gồm một hệthống các văn bản quy phạm pháp luật khá phức tạp, nhiều tầng nấc, được ban hành bởi nhiều cơ quan có thẩm quyền khác nhau. Mặc dù hệthống pháp luật vềtài nguyên nước đã được liên tục sửa đổi, bổsung và hoàn thiện trong suốt một thập kỷqua, nhưng rõ ràng vẫn chưa thực sựđi vào cuộc sống.Bài viết dưới đây đềcập chủyến đến một sốcácthành tựu cũng nhưnhữngvấn đềmâu thuẫn hiện tại của pháp luật bảo vệnguồn tài nguyên nước ởViệt Nam.


Water Policy ◽  
2010 ◽  
Vol 12 (S1) ◽  
pp. 41-65 ◽  
Author(s):  
Edouard Perard

The aim of this study is to examine the institutional organization of the water sector. The Mediterranean area provides very diverse examples of water sector organization. This paper focuses more particularly on two aspects, the recent introduction of private sector participation and the institutional framework. Five countries have been reviewed in detail: Tunisia, Algeria, Egypt, Morocco and Jordan. For each of these countries, the paper analyzes institutional arrangements for the water sector. It presents the theoretical legal framework but also the practice. It shows that ‘independent’ regulatory agencies have been set up in only a few countries. However, a closer look confirms that these regulatory agencies are rarely independent. The study also reveals that in most of the countries, the management of water supply suffers from political interference and is overly centralized. Experience with corporatization has also been limited. While the corporatization of local operators has been legalized in most countries, few have implemented it. Experience with private sector participation in water supply has been relatively positive and is, therefore, expected to expand in the future.


Wahana ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 15-27
Author(s):  
Suripto Suripto ◽  
Eva Dwi Lestari

Economic growth is one indicator to measure  the success of economic development in a country. Economic development is closely related to infrastructure. Infrastructure development will have an impact on economic growth both directly and indirectly. Therefore, the role of the government in determining infrastructure development policies is very important to increase economic growth in Indonesia. The purpose of this study is to determine the effect of infrastructure on economic growth in Indonesia including road infrastructure, electricity infrastructure, investment, water infrastructure, education infrastructure and health infrastructure in Indonesia in 2015-2017.The analytical tool used in this study is panel data regression with the approach of Fixed Effect Model. The spatial coverage of this study is all provinces in Indonesia, namely 34 provinces, with a series of data from 2015 to 2017 with a total of 102 observations. The data used is secondary data obtained from BPS Indonesia.The results of the study show that (1) the road infrastructure variables have a negative and not significant effect on GDRP. (2) electrical infrastructure variables have a negative and not significant effect on GDRP. (3) investment variables have a positive and significant effect on GDRP. (4) water infrastructure variables have a positive and not significant effect on GDRP. (5) educational infrastructure variables have a positive and not significant effect on GDRP. (6) health infrastructure variables have a positive and significant effect on GDRP. Keywords: development, infrastructure, investment, GDRP, panel data


2020 ◽  
Vol 7 (1) ◽  
pp. 25-32
Author(s):  
Krystian Gurba

Organizations managing technology transfer from universities to the private sector, although born in Poland with a significant delay compared to Western European countries, are currently important actors in the Polish innovation system. The article summarizes the process of shaping the role and models of the functioning of these organizations. It discusses the status and functions of technology transfer centers and the institutional environment of academic technology transfer in Poland: legal framework, support programs, and partner organizations. Furthermore, it highlights the importance of cooperation networks in technology transfer and draws attention to specific initiatives focused on technology transfer in the biotechnology and pharmacy sectors.


2021 ◽  
pp. 096466392110316
Author(s):  
Chloé Nicolas-Artero

This article shows how geo-legal devices created to deal with environmental crisis situations make access to drinking water precarious and contribute to the overexploitation and contamination of water resources. It relies on qualitative methods (interviews, observations, archive work) to identify and analyse two geo-legal devices applied in the case study of the Elqui Valley in Chile. The first device, generated by the Declaration of Water Scarcity, allows private sanitation companies to concentrate water rights and extend their supply network, thus producing an overexploitation of water resources. In the context of mining pollution, the second device is structured around the implementation of the Rural Drinking Water Programme and the distribution of water by tankers, which has made access to drinking water more precarious for the population and does nothing to prevent pollution.


2016 ◽  
Vol 12 (3) ◽  
pp. 422
Author(s):  
Izzatin Kamala

The Decision of Constitutional Court No.85/PUU-XI/2013 (The Decision of CC 2013) has canceled Law No. 7 Year 2004 on Water Resources (Law on WR 2014). The cancellation is a new hope for improving the management of water resources. During the implementation of Law WR 2004, there is mismanagement in the provision of drinking water. This paper has two focus issues, namely: first, how the low responsibility of the state for managing water resources impacts the fulfillment of drinking water for the citizens? Second, how are the improvements of water resources management expected to be realized through the Decision of CC 2013? From the discussion, the author has two conclusions. First, the negligence of the state caused that the role of the state in providing drinking water for the citizens was  lost by the role of private sector. For example, a year before judicial review (2012), the number of consumers of drinking water supplied by the national sector in in the counting unit of household level is only the part of 11.79 percent. The number was lost by the supply of private sector covering 38.85 percent of households nationally. Second, the Decision of CC 2013 brings a new hope. Some basic thought are the improvement of state’s responsibility for managing water resources, termination  on the private’s monopoly and termination on commercialization of water value.


Author(s):  

Experience of the Central Asia countries in the sphere of reorming of institutional structures responsible for water resources management has been investigated. The outcomes of the works aimed at studying of the results of the integrated management principles application in order to improve structures and methods of water resources management are presented. These outputs enable to reveal special features of the approaches to the management problems solution in the conditions of available water resources abundance and lack in countries with different economic and natural/climatic conditions. The experience was summed up and the typical trends in the water sector management improvement accumulated in the Central Asia countries, as well as the date from other countries with the similar problems including NICs with centralized administrative systems, regions with the many-century traditions of irrigation farming, as well as the countries of transitional economy were revealed. Studying of many countries’ experience concerning adiption of the water resources integrated management allows us to state that there is no sungle ideal or universal model of transition from spatial/territorial management to basin management, no model which can be applied to any country. Analysis of the water resources management systems and institutions enables to formulate the main conditions for effective application of water resources integrated management principles. The paper notes that in spite of substantial progess in water resources management attained in the Central Asia countries many problems including practical application of water legislation, taking into account interest of all sectors of national economy, better coordination between ministeries and agencies involved in water resources management, participation of all stakeholders in taking decisions concerning water supply projects, distribution of juridical and financial obligations between water users and government, and insufficient coordination and agreement in actions at international, national andregional levels stay unsolved.


Water Policy ◽  
2017 ◽  
Vol 19 (3) ◽  
pp. 377-389 ◽  
Author(s):  
Isaac Monney ◽  
Kafui Ocloo

In the years ahead, meeting the challenges of food security in a water scarce world will require drastic changes in the way water resources are managed. Accordingly, Ghana's water sector has seen tremendous changes over the years culminating in the 2007 National Water Policy. This paper evaluates the policy to highlight its strengths and weaknesses, to inform possible future review and guide new policy development in developing countries or troubleshoot existing policies. It draws on a framework based on three thematic areas distilled from global water policy development guidelines. Using a 3-point Likert scale, sub-thematic components are ranked and used to quantitatively compute the theme-specific scores (TSS) and the overall performance (OP) of the policy. Per the study findings, cross-cutting water policy issues including integrated water resources management, climate change adaptation and gender mainstreaming are more highlighted (TSS = 67%) than country-specific water management issues (TSS = 50%). Specifically, the policy neglects key national issues including protection of coastal regions from the onslaught of sea waves, and water resource protection against oil spills, and its institutional framework for implementation excludes key sector institutions. Generally, the policy addresses most pertinent issues in the water sector (OP = 64%) and areas for improvement are further discussed in the paper.


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