Two stories of ‘not privatization’ in urban water supply in Indonesia and India

- Preeta Dhar
Tags
Patterns of water governance
South AsiaSouth-East Asia
Contestation and resistanceDepoliticization
Power dynamics
Share

Privatization of water is a sensitive topic. In many developed and developing countries, the experience of privatization of water services has been problematic. In most cases, the projected benefits of privatization have not materialized. Expected investments in the infrastructure – for expansion, maintenance and rehabilitation – have remained low. Water services have been prioritized for affluent areas, and the needs of economically weak and vulnerable people have been neglected. Companies tend to function in opaque environments without effective accountability.1 The dissatisfaction with privatized water supply has resulted in a rising trend of re-municipalization.2

Despite a general acknowledgement of the problems of privatization, the private sector remains firmly entrenched in the urban water sector. In many places, they continue operation in an altered capacity. In others, private sector involvement is introduced as ‘private sector participation’ or ‘public-private partnership’. This vignette illustrates this trend by looking at the water supply of two cities where the role of the private sector is in transition.

Photo: Urban poor communities rely on a variety of other water sources, including buying ‘pikuls’ of water from vendors

‘Post-concession’ water supply in Jakarta

In 1997, the water supply of Jakarta was divided up and assigned to two private companies - PT Aetra in the east and PT Palyja in the west. The private companies operated the water treatment plants and the distribution network in the areas allocated to them. PAM Jaya, the state utility, paid the companies a ‘water charge’ based on the volume of water the private companies supplied to households. The Jakarta government covered the ‘shortfall’ between the water charge and the tariff collected from users.

At the start of the contract in 1997, around 50% of the population in Jakarta had access to piped water supply, and 56% of the treated water was lost because of leakages and illegal use (‘non-revenue water’).3 In the 25-year contract period, the private companies were supposed to improve the distribution and provide piped water supply to the entire population. However, at the end of the concession contracts, the situation had not improved significantly. 

According to official data, at the end of 2022, the service coverage had improved only to reach 60.79%, and the non-revenue water remained at a very high level of 46.66%.4 Over the contract period, the companies steadily drew high annual revenues (with an internal rate of return of 15.68% over 25 years) but invested very little in developing or maintaining the water supply infrastructure. Studies have found that water supply expansion and improvements have been concentrated in higher income settlements, while the urban poor found themselves economically, politically and socially ‘disconnected’ from access to piped water supply.5

Photo: Houses in informal settlements without piped water supply point out the disparity in service compared to high-rise apartment complexes

Indonesia witnessed a strong, broad-based civil society movement against privatization that culminated in 2017. The Indonesian Supreme Court recognized the claim of the citizens’ lawsuit and found that the private companies were negligent in protecting the human right to water of the residents of Jakarta.6 After that, when the concession contracts ended in 2023, the PAM Jaya took over water distribution in the city.

PAM Jaya branded itself ‘Reborn’ after 25 years and announced an ambitious target of reaching 100% service coverage by 2030. Within this narrative, PAM Jaya signed a new ‘Cooperation Agreement’ for 25 years with Moya Indonesia on 3 October 2022 (PAM Jaya 2022).7 A closer look reveals that the role of the same private company continues in a slightly modified manner under the new arrangement.

Photo: A water kiosk in Muara Angke containing the new branding of PAM Jaya

Through a hurried tender process, the new contract was awarded to Moya to separate the existing and proposed water treatment plants and supply treated water to PAM Jaya. In addition, Moya would also be expanding the distribution network. Interestingly, Moya happens to be the holding company of Aetra – one of the two existing concessionaire companies. Further, the commercialization logic is replicated through the ‘water charge’ that PAM Jaya will pay to the private company for producing treated water. In turn, this would be recovered as the water tariff collected from users. The costs for expanding the infrastructure are also likely to be recovered from user tariffs.

There has been very little public engagement before the new contract was signed. After the contract was awarded for another 25 years, there have been limited ‘socialization’ sessions which emphasise PAM Jaya’s role. There is very little discussion on how the financial commitment of the new contract will be passed on to users, and how the water rights of citizens would be ensured. 

In Jakarta, the role of the private sector has changed, not diminished. In the ‘post-concession’ arrangement, the distribution function will now be handled by the state-owned utility. However, the same private company still continues to be involved in expanding the water infrastructure and supplying treated water by operating existing water treatment plants. The structural and systemic barriers that have curtailed the access of vulnerable and economically weaker sections have been neither acknowledged nor addressed. 

A concession by any other name - ‘24x7’ water supply in Hubballi-Dharwad

A different story is playing out in India. North Karnataka is a region with a history of unreliable and intermittent water access (upto once in 10 days). Through a World Bank project,8 continuous water supply was provided in a few areas in three towns in the region. In the pilot areas, covering approximately 10% of the households, the water storage was increased and the entire piped network in the pilot areas was replaced. Following the infrastructure works, a private company took over the distribution in the pilot areas based on a performance-based management contract. The Karnataka Urban Water Supply and Drainage Board, the state operator supplying municipal water, continued operating in the remaining areas. They also monitored the performance in the pilot areas. Water service in the project areas have overall improved, although households still needed to store water for interrupted service. Many households also claimed to receive extremely high water bills.

Photo: Houses with ‘24x7’ water still need storage facilities

Currently, another World Bank project9 is underway to provide ‘24x7’ water supply to the entire municipal area. In addition to the elements of infrastructure and water supply, the project fundamentally changes the governance structure. The entire water supply system has been handed over to a private company, Larsen and Tourbo (L&T). Under the terms of the 12 year contract awarded in 2020, the private company is supposed to upgrade the water infrastructure in the non-pilot areas. In addition, it is responsible for the distribution service for the entire municipal area. Currently, the municipal government now collects the user fees and pays the operator. The Water Board has now stopped operating in Hubballi-Dharwad. 

Photo: community consultation on the current World Bank project

Nevertheless, the official narrative is that this is ‘not privatization’10. The rationale is that the water infrastructure would be owned by the municipal government, and the private company will hand over the assets at the end of the contract period. This ‘build-operate-transfer’ model is essentially a concession contract, not unlike the Jakarta concession contracts. However, terms like ‘concession’ are deliberately not used in any outreach programme. 

Image: Screenshot of news article in ‘The Hindu’

Scaling up ‘24x7’ water and taking over the city’s water supply has been riddled with problems. Facing public criticism about the performance of L&T, several deadlines and warnings have been issued11 – the local government has also imposed a fine on the private operator. However, the municipal government claims that it does not have the power to cancel the contract.12

The project has also created a vacuum. There is no institution to monitor or regulate the functioning of the private company beyond the project period. The World Bank project proposes to set up a city-level water utility ‘to take over and manage efficiently the city’s water supply operations once the contract of the professional operating company has ended13.’ No information is available about this body – publicly or upon request. Notably, a similar provision was included in the pilot project. Amidst the celebrated coverage of ‘successful’ 24x7 supply, it is often overlooked that no such utility was ever set up. It is ironic that although one of the objectives of the project was to strengthen institutional capacity, it has resulted in weakening it.

The two cases have very different contexts and challenges. Nevertheless, they illustrate how the role of the private sector continues to be resilient, and even encouraged. The narrative that this is ‘not privatization’ is effectively used to deflect scrutiny and depoliticize the role of the private sector in water services. It serves to shield critical engagement around the role of private companies in the water sector. Private actors operating in an opaque, weakly regulated and unaccountable environment could undermine citizens’ right to water.

About the author

Preeta Dhar

Preeta Dhar

Preeta is a doctoral candidate at SOAS University of London. She has worked on issues of water and environmental rights as a lawyer and researcher in India.

References

1https://www.ohchr.org/en/documents/thematic-reports/a75208-human-rights-and-privatization-water-and-sanitation-services

https://www.tni.org/en/publication/here-to-stay-water-remunicipalisation-as-a-global-trend

3https://documents1.worldbank.org/curated/en/266251468039271153/pdf/multi-page.pdf

4https://brpamdki.org/eng/d/kinerja-operator/kinerja-triwulan-iii-2022-kinerja-teknis-operator-air-minum-dki-jakarta.html

5https://hdr.undp.org/content/disconnected-poverty-water-supply-and-development-jakarta-indonesia

6https://www.hrw.org/news/2017/10/12/indonesias-supreme-court-upholds-water-rights

7https://www.pamjaya.co.id/bacapage/pam-jaya-siap-capai-100-persen-cakupan-pelayanan-pada-2030-8oKaR

8Karnataka Urban Water Sector Improvement Project (KUWASIP 50 million USD), implemented between 2004-2012: https://documents1.worldbank.org/curated/ar/234761468044084979/pdf/ICR19500P0825100disclosed0120200110.pdf

9the Karnataka Urban Water Supply Modernization Project (KUWSMP 374.85 million), approved in 2016. https://projects.worldbank.org/en/projects-operations/project-detail/P130544; https://projects.worldbank.org/en/projects-operations/project-detail/P176107

10https://www.thehindu.com/news/national/karnataka/it-is-not-privatisation-of-water-supply-clarify-karnataka-officials/article65758725.ece

11https://theprint.in/india/15-days-deadline-to-lt-to-streamline-water-supply-in-hubballi-dharwad-region-minister/1285218/; https://timesofindia.indiatimes.com/city/hubballi/water-mayor-complains-against-lt/articleshow/100807964.cms?from=mdr

12https://timesofindia.indiatimes.com/city/hubballi/lt-fined-1cr-for-poor-water-supply/articleshow/99048754.cms?from=mdr

13https://hdmckuwsmp.com/faq.html

Related stories

Thirsty for Alternatives: recommoning water

In this section, I share the stories of Terrassa (Spain) and Naples (Italy), two mid to large sized cities that succeeded to remunicipalise their water utilities through bottom up mobilisations, and declare water as a common good.
Paradigms of water governace.
Western Europe.
Contestation and resistanceWater conflicts.
Capacity building.

Scarcity of water governance or water scarcity?

Water shortage is a multifaceted challenge that has long existed in various parts of the world, but its impact has been amplified by recent trends, such as increasing urbanization, agricultural intensification, economic development, population growth, maritime trade, and extreme hydroclimatic changes (He et al., 2021; Kummu et al., 2016).
Problématiques of water governance.
East Africa.
Flooding.
DroughtEconomic water scarcityPhysical water scarcity.

A Chart of “The Mar Menor crisis: A Bric-a-brac antinarrative”

This piece traces the path have been illegitimately walking to constellate the stories weaved into “The Mar Menor crisis: A Bric-a-brac antinarrative”.
Problématiques of water governance.
Western Europe.
Contestation and resistanceWater conflicts.
Irrigation.