Water Privatization and Inequality: Gini Coefficient for Water Resources in Chile

This document makes a comprehensive analysis of the inequality of the water market in Chile, measured by the Gini coefficient method. The situation of water rights in Chile is of particular interest because it is a wholly privatized system, where rights are traded in the market and therefore water is presented as a commodity. This privatization of water in Chile occurred as part of the process of neo-liberalization since the 1981 Water Code. The results of this study indicate that both concentration and inequality in the distribution of water rights are very high, which undermines a just social development process and facilitates the economic exploitation of the environment. It proposes a profound revision of the application of a mercantile logic to a scarce essential resource for life such as water and explores the importance of its role as a national good for public use.

A Remunicipalization Idea on Water Management in DKI Jakarta Province

Since 1997, water privatization has existed but there is no significant progress on water management in Jakarta. Many households don’t have access to clean water due to the leakage and outdated pipes as well as the non-legal contract between PT. Aetra Air Jakarta and PT. Palyja. The contract was not in accordance with Article 33 (3) of the 1945 Constitution of the Republic of Indonesia and not in a fair tender. The research problems focus on: what actions are taken by theJakarta Government to take over the water management in Jakarta and Can theremunicipalization policy be used as a model in Jakarta? This research uses thenormative legal method. In order to address the issue, the Jakarta Governmentapplies the remunicipalization on water management. The government hasassigned the task force to find the ideal solution. The task force comes up with 3alternatives: status quo, contract termination, processed to the civil court.Keywords: Remunicipalization; DKI Jakarta Province; Water Privatization.

Water Privatization and Inequality: Gini Coefficient for Water Resources in Chile

This document makes a comprehensive analysis of the inequality of the water market in Chile, measured by the Gini coefficient method. The situation of water rights in Chile is of particular interest because it is a completely privatized system, where rights are traded in the market and therefore water is presented as a commodity. This privatization of water in Chile occurred as part of the process of neoliberalization since the 1981 Water Code. The results of this study indicate that both the concentration and the inequality in the distribution of water rights is very high. It proposes a profound revision of applying a mercantile logic to a scarce basic resource for life such as water and exploring the importance of its role as a national good for public use.

Thirty years after water privatization—is the English model the envy of the world?

The paper considers whether water privatization 30 years ago has delivered the promised superior performance to nationalization, which remains the dominant model in Europe. The paper sets out the arguments at privatization, in particular in relation to efficiency, the managerial incentives, the role of private-sector balance sheets in facilitating investment, and the impacts on the cost of capital. Alternative explanations of relative performance, notably the regulation model adopted, are highlighted, and the paper concludes by outlining an alternative model of water regulation which better marries up public responsibilities and private incentives.

PENGELOLAAN SUMBER DAYA AIR PASCA DIBATALKANNYA UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR

Law Number 7 of 2004 on Water Resources was officially revoked by the Constitutional Court because it contradicted Article 33 of the 1945 Constitution. The revocation is also applied to all implementing regulations thereunder resulting in a legal vacuum. To fill the legal void and to wait for the new Water Resources Law, the Constitutional Court decided to re-enact Law no. 11 Year 1974 on Watering. With the revocation of the Water Resources Act, it restores the community's rights to clean water privatization by the private sectors. But, the impact for the government is that the control over the water is controlled by the state again. For drinking water business, the revocation of the Water Resources Law causes legal uncertainty resulting from the withdrawal of all implementing regulations so that there is no law available. The research method used is normative method, by collecting data of primary, secondary and tertiary law. What should be done by the government is to immediately draft a new Water Resources Act in accordance with the mandate of Article 33 of the 1945 Constitution, and the participation of private parties should be regulated but still limited and it is the State that manages the water resources.