Free no longer

It won't be long now before water, that natural element on which all life on earth depends and which occurs in such great abundance in Indonesia, will cease to be a free commodity. Many concerned citizens fear that the passage by the House of Representatives of the bill on water resources into law last Thursday will turn water into a tradable commodity, just like, say, electricity or textiles, or any other commodity that is sold for profit.

The critics also argue that the new law is in conflict with the Constitution, which under Section 3, Article 33, stipulates that "land and water and all the natural riches that are contained within are controlled by the state and used for the greater benefit of the people." This is why environmental organizations such as the Indonesian Forum for the Environment (Walhi) have in the past months been intensely campaigning for the rejection of the bill by the national legislature.

The government and legislators, for their part, have sought to assuage those fears by stating that the law can always be amended at a later date. They also argue that any provisions that are considered contrary to the people's interests can be honed to better serve the public by inserting the necessary provisions in governmental decrees or accompanying regulations that are required to implement the law.

Whatever is the case, with the passage of the bill already a reality last Thursday, it now only requires President Megawati Soekarnoputri to sign the bill into law -- or, should she refuse to do so for whatever reason -- after 30 days have elapsed the bill will automatically become law.

A potentially momentous decision has thus been taken that could adversely affect the lives of millions. Pathetically, all the agitation over what the detractors refer to as the commercialization, or privatization, of water, appears to have passed by those who stand to lose the most -- the farmer and peasant population who make up an estimated 70 percent to 80 percent of the country's total population -- without making so much as a stir.

In all this, it seems that not many Indonesians have heeded the fact that even at present, three foreign companies are already engaged in the business of water resource management in Indonesia. Those are Thames Water and Biwater of Britain, and Suez-Lyonnaise and Vivendi, of France -- all of whom, however, are operating in urban areas.

For the critics of the water bill passed by the House of Representatives last week, however, the concern is focused mainly not on urban Indonesia, but on the needs and the fate of the millions of people in the rural areas who rely on water not only for their household needs, but for irrigation as well, consuming a much larger quantity of water. This is where the crucial test of the bill's merits or demerits will eventually take place.

In an attempt to appease critics, legislator A.M. Fatwa, who chaired the House meeting that endorsed the draft last Thursday, said that "Nothing is set in stone. We have a Constitutional Court to go to and we can always amend the bill." Only time will tell whether Indonesians can seek comfort in those words.