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  Water struggle continues in IndonesiaLonggena Ginting, Friends of the Earth International The 19th of July, 2005, will be remembered by Indonesian water activists as a depressing day as the constitutional court decided to reject the lawsuit filed by dozens of environmental and social movements and thousands of individuals. The lawsuit organised by two big coalitions of KRUHA (The people coalition for water rights) and WALHI (the Indonesian forum for the environment) – Friends of the Earth Indonesia. The law was part of a World Bank-driven water policy in Indonesia -- Water Sector Adjustment Loan (WATSAL) -- signed in April 1999. The Water Resources Law opened Indonesia to corporate water privatization and ignited massive protests from farmer organizations, the urban poor consortium, student movements, religious groups, the indigenous people’s alliance, and environmentalists. The petitioners argued that the Water Resources Law is unconstitutional, and asked the constitutional court to revoke the law. Eight hearing sessions, between November 2004 and March 2005, were held for the court to decide whether or not the law should be cancelled. In 2004, the same court cancelled the pro-liberalization Electricity Law and also a similar Oil and Gas Law. In 1998, the World Bank approved a US$ 300 million loan to the Indonesia government. The proposed loan would provide balance of payments assistance to the Republic of Indonesia to support a structural adjustment program of policy, as well as institutional, regulatory, legal, and organizational reforms in the management of the water resources and irrigation sector. The main problem with the Water Law is the lack of protection of water rights of the community. Instead of giving clear recognition and protection of water for people, it gives more access to private investment for private concessions to water resources, from water surface and ground water. This Law will accelerate water privatization or commercialization of water resources in the country and would cause massive losses for the country's subsistence farmers, who account for an estimated 70 to 80 percent of the country's population. "The court is unable to accept the arguments of the plaintiffs," Constitutional Court President Jimly Asshiddiqie said. Meanwhile, two of the nine judges issued dissenting opinions based on fears that the legislation could cause the possible "commercialization" of the water sector. Shortly after its petition was rejected by the Constitutional Court, WALHI announced plans to file a new lawsuit with additional evidence in a determined bid to challenge the water resources law. For the first time, the court opened the way for the petitioners to refile the same case if the government is deemed to have implemented the water law against the court's interpretations of the law. The court's verdict is normally final and cannot be challenged. The legal court is only one of the many ways in the struggle over water in Indonesia. Many community groups have managed to claim their water sources by many means, such as implementing their local customary-based regulations or declaring their water sources as sacred places. The struggle to claim water as a fundamental source of life will continue. For further information about water in Indonesia, please visit:
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