Right to Water. Indonesia Water and Sanitation Magazine. 3rd Edition 2010


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Published by Indonesia Water and Sanitation Working Group. First Edition on August 2003

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Right to Water. Indonesia Water and Sanitation Magazine. 3rd Edition 2010

  1. 1. Care About the People? Think About Water and Sanitation! 3rd Edition, 2010 Information Media of Water Supply and Environmental Sanitation
  2. 2. Information Media on Water Supply and Environmental Sanitation Table of Published by: ContentsWater Supply and Environmental Sanitation Working Group (WSES Working Group) From the Editor ….....................…………………………………………………………………….. 3 Your Voice …......................……………………………………………………………….…………… 4 Responsible Person Main ReportHousing and Settlement Director of Bappenas UN General Assembly Legalized Human Right to water Resolution ………. 5 Environmental Sanitation Director of the Right to water as Human Right ............……………………………………………..... 10 Health Ministry Regulation Water Supply Development Director of the Law No 39 Year 1999 on Human Right …………………………………….............. 14 Public Work Ministry AgendaNatural Resources Improvement and Efficient International Anti Poverty Day, the Difficult Access to Water Supply and Technology Director of Domestic Affair Environmental Sanitation as Part of Poverty ........……………………………….. 16 Ministry Discourse Director of Spatial and Environmental Facili- Nuisance on Right to water and Housing (first paper) .………………….……..18 tation of the Domestic Affair Ministry The State Must Guarantee the People’s Right to water .......................... 24 Care about the People? Think about Water Supply Head of editorial staff and Environmental Sanitation! ……………………….…………………………...…. 28 Oswar Mungkasa Interview Nugroho Tri Utomo, Housing and Settlement Director of Bappenas ...… 31 Editorial Staff Hamong Santono, KRUHA ...................……………….….…………………………… 34 Maraita Listyasari A Patra M Zen, YLBHI Director ……………...................……………………………. 36 Nugroho Tri Utomo Innovation Oxidation Technology for Water Supply …………………………..…….............. 38 Managing Editor Clay, an Effective Media to Clear Muddy Peat Moss Water ……………...... 41 Eko Budi Harsono Different Side Islam Shari’a as Solution ………………………………………………........................ 45 Design and Production Reportage Agus Sumarno Public Dialogue on the Lookout for Water Conflict Sofyar Water Conflict Needs to be Anticipated by the Local Government ……...46 30% Toddler’s Death Due to Poor Sanitation ...........…………………………....48 Circulation/Secretariat HCTPS Workshop for Elementary School Teachers of DKI Jakarta Agus Syuhada Only Three Percent of the Population Are Using Soap to Wash Hands …49 Nur Aini “Water Politic” Must be the Concern of Local Government .....…………. 50 Synergy of WSES Networking Program and GBCI ………………….............… 53 Editorial Address Guidance Jl. RP Soeroso 50, Central Jakarta, Numbers of Technology to Acquire Water Supply ………………………......... 54 Ph/Fax: (021) 31904113 CD Info …..........................….……………………………………………………………………….. 55 Website: http//www.ampl.or.id Books Info ......................….……………………………………………………………………..… 56 e-mail: redaksipercik@yahoo.com Website Info .....................……………………………………………………………………….... 57 redaksi@ampl.or.id WESE Literatures .....................…………………………………………………………………... 58 Facts Editors accept external papers/article US$ 150 Billion is Required To Prevent World’s Water Crisis .....…………. 59concerning water supply and environmental sanitation.
  3. 3. From the Edis II 2010 Edisii IIII,, 2010 EditorT ime went so fast, we have just celebrated not only of the world, but also of Indonesia. It has 1431 Hijra Idul Fitri. For those who become a long obsession on behalf of the stakeholders celebrated the holiday, we would like to that right to water as one of the human rights be the say Congratulation. From the very depth mainstream of the development in Indonesia. Thus of our heart, we seek Forgiveness. May we hopefully, the number of Indonesian people withoutall become better person. access to the water supply can be reduced significantly. On early September, we heard the news of UN Naturally, it’s not that simple; especially consideringGeneral Assembly Resolution regarding Right to Water numbers of local governments who have not completelyas Human Right. Some people may be shocked, but aware that water supply is an obligatory task of the localmany took the news without particular action due to government. Surely there is still a long way to go. Invarious reasons; maybe because human rights have that matter, we then would like to utilize the momentbeen the hot topic in Indonesia for the past decade. of this resolution to rebuild our determination regardingThis was also supported by Law No 39 Tear 1999 on the magnitude of the leftover responsibility. There areHuman Rights. Although the idea of human rights itself still 100 million of our fellow countrymen who are stillhas been included in the Constitution (UUD 1945), without access to the water supply.acknowledgement of Right to Water as Human Right in To fully give the responsibility on the water supplyIndonesia has also been adopted implicitly in the existing to the local government is also not a wise option. Weregulations. It was started by Law No 7 Year 2004 on all should work together hand-in-hand with the localWater Resources, followed by Government Regulation government to complete this homework; as one of(PP) No 16 Year 2005 on Water Supply Provision System. the human rights principles, helping one another and This resolution represents a major progress on the synergizing to achieve the common goal. Let’s go then.water supply and environmental sanitation development, What are we waiting for? (OM). POKJA 3
  4. 4. Your Voice cause o the greedy and ignorance nature of c of attention to the basic rights such as water, t earth’s creature. the education and health? Did the people asked So powerful is water in our lives, thus too much? All they need is for their rights toInternship at Percik Magazine take a very good care of that water, and use be completed. To cry, they will think twice, I would like to introduce myself. My it wisely. Moreover, water strength will in- because it would mean wasting “tears”.name is Muhammad Chaidir. I’m a college crease and bring positive effect on our body Once again, we must be very careful whenstudent of Communication Science of Reli- if prior to using the water, such as before we dealing with water. One wrong step will notgious Moestopo University in Jakarta. I have drink, we pray beforehand. This was proven only cost one life, but also the future of ourread Percik magazine at the college library by a Japanese professor with his research on children and grandchildren.and seen the content as well as several issues water that will alter its texture and crystal Maftuhahthat specifically discussing Water Supply and according to the condition of the user. There- Menteng, JakartaEnvironmental Sanitation (WSES) which was fore, utilize the positive strength of water byprovided in simple, smart, and concise as to using it carefully.challenge me to take my Final Assignmentin relation of the media function that you’re Rini Utami Azis Do Not Reusemanaging in reference to the WSES develop- Solo, Central Java the Plastic Bottle Water plastic bottles and glasses arement in Indonesia. often being reuse. In fact, those bottles and I am hoping that the editors of PercikMagazine will give me an opportunity to Growing Crisis of glasses are often used over and over again.perform research for my final assignment Water Liberalization Actually, the package (bottles and glasses) ison the Function of Internal Media in Gov- Liberalization wave seems to be inevi- only for one time use. There is health stan-ernment Program of WSES Development table anymore. All aspects of our lives must dard that must be complied by the produc-Acceleration. If it is possible, I will send my submit to international agreements which ers. This standard was meant to minimizecovering letter from my college and my Final only concern is big capital owners. the number of bacteria in the package.Assignment Proposal. Thank you very much. Discrimination in water privatization has When the seal is broken, the bottleGreeting for Percik. been revealed. One proof of policy that is should not be reused, because those plastic Muhammad Chaidir against the people is when water become bottles and glasses were made from poly- Moestopo University Jakarta business, thus it has become more than ethylene terephtalate or PET that contain moving to gain profit, but also to tie and be- carcinogen (causing cancer). The substance Thank you for your kind attention and guile others as to bow down to it, to those is hazardous to the human health if it wasyour trust on Percik Magazine. Please send who have power over it. Water management swallowed. Through series of bottle steril-your formal request to perform research. We is no longer considering water management ization standard, when it’s sealed, the sub-will gladly help you. Greeting from Percik. in system as to provide fair, impartial, and af- stance is inactive. The number of bacteria in fordable water service for the population. the package is guaranteed to comply with Water is the basic needs of human, thus the tolerance threshold.Let’s Respect Water it can not be commercialized as people’s ba- However, do not make mistake, for these Who can live without water? Water is sic needs, as guaranteed in verse 33 of the bottles were not only made of PET, but alsovery useful in our daily lives at the moment. Constitution (UUD 1945). For example, in PVC (Poly Vinyl Chloride), and this is far moreWhen we feel hot and dirty after daily activi- Batam, elite estates become the first priority, hazardous because it can cause acid rainties, we utilize water for showering. We then while population of other regions with lesser when it is being burned. PVC even has haz-drink water whenever we are thirsty, and economic status and slump areas, such as ard potencies for liver, heart and weight. Thethere are much more proof of our depen- Teluk Lenggung, Pungur, are left behind and change from PVC to PET has actually starteddency on water. still consuming well water, which according since the year 1988. Hopefully, there will be Water is so common in our lives that we to the test result of the Health Department, no more factories using PVC.took it for granted. We only realized it when is not feasible to be consumed due to the Reusing plastic bottles and glasses causewe’re facing difficulties to acquire clean high number of bacteria and under the pH the carcinogenic substance to dissolve inwater. When water pipes are experiencing standard. Meanwhile, water treatment in- the water we drink. If we have to reuse thedisturbance, and the water came out dirty stallation (IPA) was built only several meters bottles and glasses, we must wash them firstand muddy, we will be bothered. What will from their house. with soap containing disinfectant or anti bac-happen if we can no longer enjoy water? The growing number of suicide rate due terial. Household soaps have complied with Drought, aside from the disastrous to the high life pressure is another issue. the standard. flood has happened How come the government is still not paying Wahyu, Surabaya b e - 4
  5. 5. Main Edisi III, 2010 Report UN General Assembly Legalized Resolution of Human Rights on WaterO n early September, In the resolution, UN General to proper sanitation facilities. This the world’s Assembly exhorted all of the access difficulty has caused among population, international population and others, 1,5 million death of babies especially Water Countries that have signed the due to proper-sanitation-and-water- Supply and resolution to increase the effort of supply-related diseases.Environmental Sanitation activist, providing safe, clean, and affordable Resolution of Right to waterand practitioners were shocked by water supply and sanitation to all was legalized through voting ofthe issue of UN General Assembly people. “Limited access to water 163 UN member countries. NoResolution that emphasized access to supply has killed more children than country refuses this resolution. 122water supply and proper sanitation is AIDS, malaria, and pox”, said the countries including China, Russia,part of the human rights. To clarify, Head of UN Human Right Council German, France, Spain, and BrazilUN General Assembly resolution from Bolivia, Pablo Solon in UN are supporting this resolution, whilewith the title: “The right to acquire official website. 41 countries such as Canada, USA,clean and safe water supply and UN Environmental Program England, Australia, and Botswanasanitation is part of the human right, Data has estimated 884 million of were abstained.and an important element to fully the world population are without Some of the countries thatand comprehensively enjoy the right access to safe water supply, and 2,6 preferred to abstain statedto life.” billion people have limited access that the 5
  6. 6. Main Report ISTIMEWAresolutionresolution does not cla l clarify the Rights (ICCPR), where water wasmagnitude of right to water as well as d f h not mentioned explicitly as humanthe task that follows in order to fulfill rights but as an inseparable part of thethe right. Regarding the resolution, agreed human rights, which is rightWSES expert, Hening Darpito said to life, right on proper live, right onthat at first, there was concern that health, right on housing, and rightthis resolution of right in water and to eat. Afterward, it was mentionedsanitation is premature; as it turned more explicitly although still part of aout in the voting, the resolution convention with different theme, suchhas acquired positive responds as said in chapter 14 verse (2) letter hfrom almost all of the meeting of The Convention of the Eliminationparticipants. all Forms of Discrimination Against Women (CEDAW 1979), that state Long Way to Go (country) must take measured steps It was the year 1948 when the in eliminating different forms ofUniversal Declaration of Human discrimination on women, especiallyRights (DUHAM) was issued and women right to benefit from properfollowed in the year 1966 during life standards of healthy water supplythe International Covenants on and sanitation. Such was said inEconomic, Social, and Cultural chapter 24 of The Convention onRights (ICESCR) and International The Right of The Child –CRCCovenant on Civil and Political 1989 that in the effort to prevent malnutrition and disease spreading, ev child posses the right on clean every dr drinking water. Water Right and Right to Water It was continued by statement an appeal through Millennium and C omprehension on Water Right and Right to Water is often blur; both terms are often interpreted to be the same in Bahasa Indonesia, as De Declaration that comes up with Right on Water. Nevertheless, the two terms have significant difference. M MDGs (Millennium Development The power to attained water from nature is often said as Water Right has the Go Goals) project, which acting as following meaning: co commitment of the Head of • Attaining or diverting and utilizing magnitude of water from natural Co Countries/Governments as UN sources. • Collecting magnitude of water from water sources into one place, such as me members in fighting global poverty dam or other structure, or in 2000-2015, encouraging • Using the water on its natural sources. go governments to “provide access to Water Right is a tool issued by a country as a water mastering institution pr proper water supply and sanitation to individuals or company who legally termed as ‘licences’, ‘permissions’, for the population who has yet the ‘authorisations’, ‘consents’ and ‘concessions’ to utilize water. Water right in be t of”. benefi economic term is used as a tool to attain retribution of water utilization. The above term is obviously different with Right to Water as meant in However, the explicit statement Human Rights Studies. The law that constitutes Water Right assumes that water of water was not specifically is a commodity requires law protection from those who master it. Water Right me mentioned until the year 2002, can be understood as the Right to Attain Water. The difference is that water wh the UN Committee of Social when is a necessity (to have) and water as a right. The Right to Water (water as a Ec Economical and Cultural Right right) emphasizes more on water as an inseparable part of a dignified human pr provided general comment Number life, therefore Right to Water is absolute and therefore it is mandatory for the Country to acknowledge. 15 in clarifying chapter 11 and 12 of The Economic, Social, and Cultural 6
  7. 7. Edisi III, 2010Right Convention, that right to which is freedom and entitlements. the Indonesian Government haswater cannot be separated from other Freedom means there will be ratified international conventionhuman rights, for water is more than no intervention that can cause on economic, social, and culturaljust economic commodity and right disablement of human right to water, rights through Law No 11 Yearto water is indeed a human right. such as contamination of the water 2005, implying that the country“The human right to water entitles to be consumed. Entitlement is right must meet the population rights,everyone to sufficient, physically on water system and management including right to drinking water.accessible, safe and acceptable water that enable everyone to have same The government seems to befor personal and domestic uses.” opportunity and access to water. serious in its effort by issuing LawRight to water also includes freedom No 7 Year 2004 on Water Resources,to manage access to water. The Government Effort which in verse 5 stated that theelement of right to water must also As other human rights, with country guarantees the right ofsufficient for human’s dignity, life, regard to the country’s position on everyone to acquire water forand health. Sufficiency on right to the duty caused by the human right, minimal requirement of daily lives inwater cannot be translated narrowly the country has to respect, meaning order to achieve healthy, clean, andon mere volume quantity and preventing disturbance, directly/ productive live. Further clarificationtechnology. Water must be treated as indirectly, of the provision of right on right to water in this law saidsocial and cultural assets, more than to water; to protect, meaning that the people attain the right toeconomic asset. preventing involvement of the third (i) acquire information regarding In the United Nations General party (company) in providing right water resources management; (ii)Comments of Committee on to water; and to fulfill, meaning acquire proper replacementEconomic, Social, and Cultural taking necessary measures to ensure on detriment die to theRights) Number 15, human rights complete fulfillment of right to implementation ofconsists of two major components, water. In the context of respect, 7
  8. 8. Main Reportwater resources managem management; (iii) Regulation No 16 Year 2005 on disposal or feces slug removal.benefit from the water resourcesbenefit Water Supply Provision System In fact, technically, drinkingmanagement; (iv) raise objection on Development as derivation of water quality has been constitutedwater resources management plan Law No 7 Year 2004, in this case specifically in Governmentthat has been announced in certain (i) acquire qualified water supply Regulation No 82 Year 2001 ontime period accordingly to the local service in term of quality, quantity, Water Quality Management andcondition; (v) submit reports and and continuity in compliance with Water Contamination Control tocomplaints to the authority on the the existing standard; (ii) acquire ensure protection of public interest.detriment die to water resources information on the structure and Even so, the government ismanagement; and/or (vi) submit magnitude of tariff as well as the considered to fail to fulfill thesuit/claim regarding water resources billing; (iii) submit suit on the particular people’s right. “Indonesianissues that has damaged their lives/ service that has harmed them; (iv) Government’s effort to protect andliving. acquire proper reimbursement due respect right to drinking water is still While the people’s right is to the service indifference; and far from people expectation,” saidfurther directed in Governmental (v) acquire service of waste water National Coordinator of People’s POKJA Right to Water (KRUHA) Hamong Santono. “Reports by UNESCAP, ADB, and UNDP, have also firmly stated that Indonesia is currently on the slow lane in meeting the target of water supply and sanitation in MDGs,” he said. One of the reason as to the low access of the public to access drink- ing water is the small amount of budget allocated by the government. In the year 2005, the allocated bud- get was only Rp 500 billion, and for the year 2010 was Rp 3 trillion. Whereas the required budget for water supply and sanitation devel- opment was approximately 2 to 3 times the amount. “Clearer political agenda and commitment is required regarding the people’s right to wa- ter. Don’t just signing the resolution without knowing what to do with the problems of water supply and basic sanitation,” said Hamong. However, back to the one of the principles of human right fulfill- ment, the process must also consider each government capability. Most important is the strong willingness from the government to achieve tar- 8
  9. 9. Edisi III, 2010get fulfillment of right to water. Thisis obvious considering the –almost Human Right Directorate General, Harkristuti Harkrisnowo:six times- increment in water supplyand environmental sanitation bud- Numbers of Problems in the Water Sectorget allocation in five years period Have Come to Government Attention ISTIMEWA(2010-2014) compare to the previ-ous five years (2005-2009). In the Workshop of Right to Water that was held by WSES Working Group at Local Government Bogor, Human Right Directorate General, as the Spearhead Harkristuti Harkrisnowo in her written More often than not, the main speech that was read by Human Rightactor of water supply and environ- Cooperation Director, Dimas Samudera Rummental sanitation is forgotten. Based said that water is an absolute necessity inon the existing regulations, local every living creature’s life. Without water, no life can survive. However in reality, thegovernment is the one who have the world is experiencing problems with regard to water due to variousmandate to provide water supply. factors, such as rapid growth of world population, and currentThus an important question arisen, unsustainable water management.as to how far is the concept of right It was also said in the speech that numbers of internationalto water as human right has been policies regarding right to water have been issued such as CEDAWcomprehended by decision makers (Convention on the Elimination of All Forms of Discriminationat the region. If this has not been ac- Against Women), CRC (Convention on the Rights of the Child) andknowledged, we should not get our ICESCR (International Covenant on Civil and Political Rights andhope up for the UN resolution to International Convention on Economic, Social, and Cultural Rights).have impact on water supply access Also included UN ECOSOC DECLARATION (Economic, Social, andimprovement in Indonesia. Even Cultural Declaration) on November 2002.after it has been acknowledged, the While Indonesia has acknowledged entitlement of the basic rightnext step will be to know how far since the beginning in basic Constitution of UUD 1945 Chapter 33the comprehension has been inter- stating that “Earth, water along with its natural wealth is masterednalized in the planning document by the country and utilize for the welfare of the people.” Thus, itof local government, such as Lo- is the task of the country to guarantee water provision for everycal Mid-Term Development Plan citizen.(RPJMD). Continue as such un-til a fund is allocated for marginalgroups. be made clear of WSES budget in fulfilling human right which It is the task of the central and allocation, especially for those that is interdependence, is a necessity.provincial governments to make the are marginalized. Seems it will take Fulfillment of right to water asconcept of right to water as human quite some time considering 500 human right will not be achievedright to be the mainstream of water kabupaten/kota in Indonesia. if the government is left to worksupply and environmental sanitation alone. Let’s work together. There aredevelopment in the local level. Duty of All still approximately 100 millions ofAdvocatory effort is needed both It is clear that a little bit of our fellow countrymen are withoutto the executives and legislatives, patience on our part is required to access to water supply. Most offollowed by internalization through see the result of government effort. them come from marginalizedreviewing of RPJMD documents, Surely cooperation of all parties, groups. (OM)so the dramatic improvement can and this is also one of the principles 9
  10. 10. Laporan Utama POKJA Right to Water as Human RightI n the history of mankind, wa- more than mere mercy based-service; without access to drinking water were ter has taken central position (ii) basic access accomplishment needs especially low income people who are and guarantees the continuity to be accelerated; (iii) those who were living in the rural areas. of human’s life in the face of ignored receive more attention so that Women. Women in many com- this earth. Water relates with the gap could be reduced; (iv) margin- munities have lower status compare tosomebody’s right to live, thus become alized people and community will be the men. Theirs is the task to collectan inseparable part within the term of empowered to take role in the deci- or acquire water for domestic dailyhuman rights. Water entitlement as sion making process; (v) country will needs. The data shows that 70 percenthuman right indicates two things; on be more focus on fulfilling its duty out of 1,3 billion of very poor peopleone side is acknowledgement that wa- due to international monitoring. are women (WHO, 2001). Researchter has a very important place in the shows that African household spentlives of human, and on the other side, Who will be impacted the Most approximately 26 percent of theirit is necessary to protect everyone’s ac- Speaking about right to water as time to collect water, and in general,cess to water. For that reason, right to human right, there are several groups it is the task of women (DFID, 2001).water needs to be made positive as the that will receive most impact by the This condition has prevented womenhighest right in the law aspect, which change about to happen. They will be to work, even to go to school.is human right. impacted mostly because their rights Children. Improper water condi- have been neglected for so long, and tion increased the chance of children The Importance of Right due to various normative and legal to suffer from many diseases. Their to Water as Human Right excuses were not the target of water immune system has not fully devel- Without realizing it, there are many supply service providers. oped. Children also often share thebenefits as to the resolution of right Low income people. Among the women’s task as water collector. As theto water as human right. For instance impacted groups, the poor is the most effect, in many countries, many chil- (i) water became legal suffering. This was represented by the dren do not go to school. right, data showing 80 percent of the people Indigenous people. Actually, it 10
  11. 11. Edisi III, 2010was this indigenous people who are when it reduced someone’s ability to housing/settlement.utilizing the traditional water sources. buy other basic needs such as food,However, with the growth of an area, housing, healthcare and education. It Country’s Obligationthe water source was then contami- is not recommended for a household The emerging issue is then how tonated or being used exceeding its ca- to spend more than 3% of income for place the country in its relation withpacity. This condition has left them drinking water; (iv) accessible service. water as public or social asset that haswithout access to water. When is a service accessible? Govern- been acknowledged as part of human ment must ensure that access to water right. Based on UN Committee’s gen- Main Principle is available inside or within the prox- eral comment Number 15 regarding The main principle of human right imity of house, school, or workplace. Economic, Social, and Cultural Rightsin relation with water supply and san- If possible, tolerable condition which that right to water as other humanitation development is (i) equality and is the time requires in getting to the rights has raised three types of obliga-without discrimination. This prin- water source is 30 minutes at most. tions for the country to take, which isciple is the most prominent among Safety during the process of collecting obligation to respect, to protect, andother basic principles of human right the water must also be considered; (v) to fulfill.framework. Consolidating this prin- sufficient water. How many water per Obligation to respect: maintainingciple into WSES development policy person is considered to be minimum the existing access. This implies thatrequires special effort to identify the requirement? UN indicates that water the country does not disturb either di-most marginalized and vulnerable be sufficient for drinking, sanitation, rectly or indirectly the present of rightindividual and groups in water sup- clothes washing, and cooking. At 20 to water. Other obligation includesply and sanitation access availability. liter per person per day is required. not restricting access of anyone.Moreover, proactive actions are neces- A water source is considered to be Obligation to protect: involvingsary to ensure that marginalized indi- sufficient if the minimum volume is the third party. This obligation com-viduals and groups are included in the 100 liters; (vi) accessible information. pels the country to prevent third par-target and become the focus of inter- Right to water as human right also ty’s involvement at any mean on thevention. Included in these groups are ensures available access to informa- present of right to water. Third partieswomen, children, rural communities, tion on government’s strategies and including individual, group, compa-slump areas, low income communi- policies, and also enables the people ny, and institution are under the gov-ties, nomadic communities, refugees, to participate. ernment. The obligation also includessenior citizens, remote communities, adopting effective regulation.disabled people, and the people at wa- Right to Water as Prerequisite Obligation to fulfill: facilitation,ter vulnerable-areas. Establishing the of Other Human Rights promotion and provision. This obli-integrated data of these groups has be- Right to water has become a pre- gation compels government to takecome a necessity. The main issue that requisite to fulfilling other human measures to fulfill right to water.also served as hot topic is affordability rights. As an illustration: (i) right on How about local governments? Inwithout differentiating whether the food. Unsafe water consumption has reality, the determinant factor of fulfill-service provider is private or govern- prevented the effort to sufficient basic ing right to water as human right liesment. Government is responsible to nutrients and thus, right on food; (ii) in the hand of the local government.ensure that water is affordable to all, right to live and right on health. Insuf- UN General Comment Number 15even those who cannot afford to pay. ficient safe water has become the main is stating that the central governmentThe effort can be made among others cause of babies deaths all around thethrough provision of certain amount world; (iii) education right. Collect- Misunderstandingof free water, tariff block system, cross ing water in many countries are the of Right to Watersubsidy mechanism and direct sub- task of women and children, whereas Water as Human Right does not mean….sidy. (ii) safe and acceptable. Water time and distance sometimes requiresmust be safe for domestic use, and over 2 hours trips as to prevent them • … that water is provided free forthe minimum volume must be avail- to attend school. This includes ab- all. • … that all house must be servedable for drinking water; (iii) afford- sence due to diarrhea; (iv) right on through direct connection evenable service. What is affordable? Pay- housing. Drinking water availability when it is financially not feasible.ment is considered to be unaffordable is an important condition of proper • … that the government itself must provide service without delegating the task to other non government 11 parties
  12. 12. Prominent Practice Belgia. Social fund is introduced and funded through the source of wa- Main Report ter levy. Social fund income is being used by social institution to cover ser- vice cost of the lowest income people. must ensure that local governments gov the population; (b) economically af- Other than that, free water consump- tion was given as much as 15 m3 per h have sufficient capacity bot in term ffi sufficient b both fordable. Water along with its facilities family. of financial and human resources to and services must be affordable to all. Poto Alegre, Brazil. Public compa- provide water supply service. Further- Costs incurred, both directly and in- ny as the water supply service provider applies participative budget planning more, the service must also comply directly and other water-related costs process. In public meetings, everyone with the fulfillment of human rights must be affordable; (c) non-discrimi- is free to speak regarding budget pri- principles. nation. Water along with its facilities ority. This model has generated dra- matic increment in drinking water ac- and services must be accessible to all, cess to low income community. Indicator of Right to including vulnerable or marginalized South Africa. Every drinking wa- Water Fulfillment groups, both in term of the law and ter service provider institution must have consumer service unit to receive Water sufficiency as prerequisite real field fact without discrimination; every complaints. Water Ministry is of right to water fulfillment, in any (d) information access. Access to water prerequisite to have a national infor- circumstances must comply with the also includes the right to seek, receive mation system which is accessible to the people. following factors (i) availability. Wa- water-related information. ter supply for everyone must be suf- ficient and sustainable for individual Materializing Water stand their rights. In turn, they must and household needs; (ii) quality. as Human Right also know their obligation. On one Water for everyone or every house- In reality, numbers of factors are side, public authority must also know hold must be safe, free of microorgan- required to ensure water as human their obligation. Three, multi-parties ism, chemical and radiology elements right. One, government must have dialogue. This dialogue involves num- which are hazardous to human health; effective regulation and institution, bers of parties from the private sector, (iii) accessible. Water as well as water including public authority with clear NGO, low income community, which facilities and services must be acces- mandate with proper and sufficient will contribute in the process of plan- sible by all without discrimination. financial and human resources. Two, ning, development, and management Accessibility is marked by (a) physi- information and education. This is of water supply services. This will cal accessibility. Water along with its important in ensuring transparent generate a more transparent and re- facilities and services must be able to and responsible water management. sponsible public authority. Four, cost- be accessed physically for everyone in The people must know and under- sharing solidarity mechanism. As an example, tariff system may use cross subsidy, where the ‘have’ pays more.Frequently Asked Question Meanwhile, right to water is not• Is 20 liter per capita per day is sufficient to fulfill human right? NO. 20 liters per capita per day is the minimum but not yet fulfill the requirement in relation of the health aspect. To meet that, only applicable to public companies, the minimum requirement is between 50 to 100 liters per capita per day. but also to private. As an illustration,• Is fund to achieve water requirement fulfillment really an obstacle? NO. It is true that large the International Federation of Pri- amount of fund is required. However, it has been proven that the cost of insufficient water sup- vate Water Operators AquaFed, that ply is even greater, in form of decreasing health quality of the people, loosing productive time represents various water service com- and school’s absence. Moreover, the fund requirement is not necessarily to be met immediately, but accordingly to the capacity of each government. panies from small to international• Is everyone, even those who live in remote areas are prerequisite to have access through the scale, has included issue on right to piping system? NO. Government must only ensure that everyone have access to qualified (in water in company regulation. There term of availability, access, affordability, quality) access, however every region requires different are three required elements in order services in accordance with each region’s requirement. for the operator to implement the• Does the government must provide free water? NO. Human rights only guarantess that drinking concept of right to water, namely (i) water must be affordable and not preventing other human rights such as food, housing, and health. clear contract including the role and• Does human right forbid private involvement in the water supply service? NO. Human right did responsibility of the operator; (ii) the not constitute certain form of water supply service. However, government must ensure, through present of subsidy or low tariff for low regulation, monitoring, and reporting procedure, that all providers (public and private) do not income community; (iii) the present violate human rights. of sustainable social mechanism on• Does entitlement of right to water as human right encouraged water supply fulfillment? YES. Among other factors, human right stabilized the law framework which depicted right and obliga- services toward marginalized groups tion, and encourage more attention toward the poor, and non-discriminative services. Human (poor, homeless, etc.). rights urge the people to be actively involved. 12
  13. 13. Edisi III, 2010 A Brief Look on Human Rights Definition and Characteristics of Human Right made), is now have less power and can be held respon- Human right is basic rights own by human, in accor- sible in the eyes of the law (Mansyur Effendi, 1994). Thedance with its nature, given directly by God. When these birth of Magna Charta is then followed by a more con-rights are ignored, it is impossible for the human to live crete development by the birth of Bill of Rights in Eng-as people. Officially in chapter 1 of Law No 39 Year 1999 land in the year 1689. At the time, an adage has arisen,on Human Right it is stated that “Human Right is a set with the main thinking that all human are equal in theof rights that closely relate to the nature and existence eyes of the law (equality before the law). Next devel-of human as the creature of God and represents His ut- opment of Human Right was marked by The Americanmost grace that must be respected, upheld, and pro- Declaration of Independence that was born of Rousseautected by the country, law, government and all people, and Montesquuiei concept. It is then confirmed thatfor the honor and protection of ISTIMEWA human is free since they were stillhuman’s dignity.” in their mother’s abdomen, thus Based on the above formula- it is illogical when after they weretion of Human Right, some con- born they must be chained.clusion can be made, namely (i) Next in the year 1789 a FrenchHuman Right was not necessar- Declaration was born where stip-ily be given, bought, or inherited. ulation of right is further defineHuman right is an automatic part as stated in the Rule of Law whichof being human; (ii) Human right among others stating that thereis applicable to all without dis- can be no arrest without legalcriminating gender, race, religion, excuse. In that matter, the prin-ethnic, political view, or social and ciple of presumption of innocentcitizenship origin; (iii) Human right (where those who were arrested,cannot be violated. No one has the then imprisoned and accused,right to restrain or violate other’s have the right to resume inno-right. People resume to have hu- cent, until proven otherwise inman right, even when the country the court of law) is applied. In themade laws that are against human French Declaration all rights haveright (Mansyur Fakih, 2003). been included, namely the rights In essence, Human Right con- that guarantee the growth of de-sists of two most fundamental basic rights, which are mocracy and law country with previously establishedequality right and freedom right. Of the two basic rights, principles. Furthermore, it is also important to knowother rights were formulated, or without the two, other the Four Freedoms of President Roosevelt that was es-human rights will be difficult to enforce. tablished on January 6th 1941. All of these rights after World War II (where Hitler The Development of Human Right Forethought annihilated millions of lives) were made to be the foun- The development of Human Right forethought in the dation of thoughts in formulating the universal natureworld is initiated in Magna Charta on the year 1215 in of Human Rights, which better known as The Uni-England, that among others includes the thinking that versal Declaration of Human Rights that was es-the king who once hold an absolute power (king made tablished by the UN in 1948.the law, but he himself is bonded by the very law he 13 13
  14. 14. Regulation With their intelligence and conscience, human have the freedom to decide for themselves their action or behavior. Furthermore, to balance the freedom, human still have the ability to responsible for all of their actions. It is this basic freedom and rights that was defined as human right that naturally attached to human asLaw No 39 Year 1999 a grace from God. These rights cannot be denied. Denial of these rights means denialon Human Rights of human dignity. Therefore, any country, government, or organization are obligated to acknowledged and protect human rightS o far, human right has been a common topic on all human without exception. This would mean among the people. Even so, not everyone knows that human right must always be the reference point, for sure what it means. Human right is a basic and the goal of implementing the life of community,right that naturally attached on human; it is universal nation, and country.and imperishable, thus needs to be protected, respected, In line with the above perspective, Pancasila as themaintained, and cannot be ignored, reduced, or taken foundation of this country includes the thought thatby anyone. human were created by God to hold two aspects, namely Meanwhile, to show respect, Indonesian people individual and social aspects. Therefore, the freedom ofas member of the United Nation that bears moral everyone is limited by other’s human right. This meansand legal responsibility to upheld and implement that everyone bears an obligation to acknowledged andthe Universal Declaration of Human Right that was respect other people’s human right.established by the United Nation, and other various The obligation is also applicable for everyinternational instruments in relation to human organization on any level, especially country andright, has consciously issued Indonesia Republic government. Thus, country and government responsibleParliament Decree No XVII/MPR/1998 on Human to respect, protect, defend, and guarantee human rightRight. Moreover, arrangement of human rights has of every citizen and people without discrimination.basically stated in different laws, including laws that The obligation to respect human right is reflected inestablished various international convention on human the Preamble of UUD 1945 that inspires the wholeright. However, to accommodate all of the existing chapters in its body, especially in relation to citizen’sregulations, it is necessary to establish Law No 39 Year equality in law and governance, right to work and1999 on Human Right. proper living, freedom to associate and gather, right to In this law, human right is clearly defined as a set express thoughts verbally and written, freedom to holdof rights that was attached to human’s nature and religion and to worship accordingly with their religionexistence as God’s creature, and represents His utmost and beliefs, right to receive education and teaching.grace that must be respected, upheld, and protected by The basic thinking on the establishment of the Lawthe country, law, Government, and everyone for the is as followed:honor of human’s dignity. a. God Almighty is the creature of the universe and That people are blessed by conscience and everything in it;intelligence which give them the ability to differentiate b. Basically, human is blessed with a soul, form, between good and bad, which will further lead structure, ability, willingness and other ease by and direct their action and attitude their creator to guarantee their life’s continuity; toward life. 14
  15. 15. Edisi III, 2010 c. To protect, maintain, and improve human as criminal act, civil act, and/or administrative act in dignity, entitlement and protection of human accordance with the law and regulations. right is required, for without it, one will loose The law consists of 11 chapters and 106 sections. his nature and dignity, as to drive him to be a However, the verses that were directly connected to wolf for other people (homo homini lupus); the fulfillment of housing, water and environmental d. Because human is a social creature, one’s human sanitation is specified in right is limited by other’s human right, therefore, a. Section 9 stated that (1) Everyone have the right freedom or human right is not without limit; to live, defend their lives and improve their e. Human right cannot be eliminated by anyone living; (2) Everyone have the right to serene, under any circumstances; safe, peaceful, happy, and physical and mental f. Every human right contains obligation to respect prosperity; (3) Everyone have the right on well other human right, thus in human right, there and healthy environment. are basic obligation; b. Section 11 stated that everyone have the right to g. Human rights need to be truly respected, fulfill their basic requirements in order to grow protected, and enforced, and thus, government, and developed properly. country’s officials, and other public functionaries c. Section 40 stated that everyone have the right to have obligation and responsibility to guarantee proper housing and living. implementation of respect, protection, and enforcement of human rights. Law No 11 Year 2005 on International Within this law, human right was arranged Legalization of Covenant on Economic,with the guidance of United Nation Human Right Social, and Cultural RightsDeclaration, Convention on the Elimination of All This covenant confirms and defines HumanForms of Discrimination Against Women, Convention Rights points in the aspects of economic, social, andon the Rights of the Child, and other international cultural of the Universal Declaration of Human RightsInstruments that regulate human right. (DUHAM) within its law-binding stipulations. The These laws specifically regulate the right to live and covenant consists of preamble and 31 sections.the right to not forcefully eliminated and/or killed, Covenant Preamble reminds the countries of theirright to have family and continue to descent, right to obligation according to the UN Charter to improvedevelop self, right to justice, right to personal freedom, and protect Human Rights, reminds individuals onright to safety, right on welfare, right to join in the their obligation to work hard for the improvementgovernance, women right, child right, and right of and organization of Human Right as regulated in thisreligion freedom. Other than regulation of human right, Covenant in relation with other individuals and itsbasic obligation, along with task and responsibility of communities, and acknowledged that, in accordancethe government is also arranged in relation of human with DUHAM, it is the future goal of man kind toright reinforcement. enjoy civil and political freedom, and free from fear In this law, public participation in the form of and shortcoming, which can only be achieved whencomplaints and/or claim on violation of human right, condition is established for everyone to be able toproposal teaching of policy formulation in relation with enjoy their economic, social, and cultural rights, ashuman right to Human right National Commissary, well as their civil and political rights.research, education, and dispersing information on Of the 31 sections of this paw, water supply andhuman right. environmental sanitation is stipulated in reference The law of Human Right is the umbrella of all to section 11, which is right to proper livinghuman right regulations. Therefore, both direct and standard. (OM)indirect violation of human right will be sanctioned 15
  16. 16. Agenda POKJA International Day of Eradication for Poverty Difficult Access to Water Supply and Sanitation as Poverty IndicatorO n October 17th every year, the world Then, in order to respect the historical moment, population commemorates The the UN has initiated a resolution No 47/196 dated International Day for the Eradication December 22nd 1992, which established October 17th of Poverty. Poverty for developing as International Day of Eradication for Poverty, which countries such as Indonesia for was commemorated by the world population untilexample, represents a special note. The difficult access date. On 2010, a global campaign that was mobilizedof the world population to acquire basic service of by the world alliance called Global Call Againstsanitation and proper drinking water is clearly an Poverty (GCAP) continue to be done.indication of poverty. World Health Organization On September 2000, representatives of 189(WHO) stated that limitation of 95 percent of the low countries have gathered in New York in a Millenniumincome people to access water has made poverty trap Summit that was initiated by the UN. The result isfor 1,2 billion of the world population. Millennium Declaration consisting of 8 common As known, on October 17th 1987, over 100 project points of development targets to bethousand people have gathered to demonstrate at accomplished by participant countries before yearTrocadero of Paris, France, exactly where Universal 2015. The eight projects comprise poverty eradicationDeclaration of Human Right was signed back in the and extreme hunger (with income standard belowyear 1948, for all the world population to reflect the 1,25 USD/day), even distribution of basic education,fate of victims of extreme poverty, violence, hunger, gender equality and women empowerment, fightand difficult access to drinking water and poor against diseases especially HIV AIDS and malaria, sanitation that happened almost everywhere reducing children mortality rate, improving mothers’ all around the world. health, guaranteeing environmental capacity and 16
  17. 17. Edisi III, 2010establishing global partnership for development. When as International Day of Poverty Eradication, and theobserved, all projects come down to one target, which world population commemorates it in different events.is elimination of a big problem called “poverty”. Speaking about UN’s version of poverty In Indonesiaeradication, we cannot help but think of Millennium Poverty Eradication Day is also commemorated atDevelopment Goals (MDG) which also represents the several cities in Indonesia, such as Lampung, Mataram,UN’s product in the year 2000 in order to create world Garut, Cianjur, Tasikmalaya, and Purwekerto. Inwithout poverty by the year 2015. As part of UN, Bandar Lampung, as much as 50 activists of SRMIIndonesia has applied MDGs program since 2004. have walked from Adipura monument to the officeIn MDGs itself, we knew, there are eight grandiose of Local Kota Government. They urged the newly-programs in fields of poverty, health, education, elected mayor to realize his political promises duringenvironmental, and gender equality. campaign, especially in poverty eradication. “However, to tell you the truth, we highly doubt Upon the insistence, Bandar Lampung mayorMDGs success in Indonesia, because practically, Herman HN has accepted and conducted dialoguepoverty –and the process of impoverishment- did with representative of SRMI activists. The Mayor hasnot decline at all. We still heard about hunger plague promised to complete numbers of issues demanded bythat happened all over the SRMI, namely education,country, which means health, and residents’extreme poverty is still documents (personalexist. Population’s health identification –KTP;also continues to decline. family certificate –KK;Children’ and mothers’ birth certificate), will bemortality rate in Indonesia materialized in the yearis still significantly high, 2011.large numbers of people are In Tasikmalaya, Jawastill having the difficulty Barat, SRMI activiststo acquire water supply have come to kabupatenservice, and they are still government’s office and ISTIMEWAliving with poor sanitation,” demanded legalization ofsaid Head of Health Consumer Protection Foundation, regional regulation draft (Raperda) on street merchantsdr Marius Wijayarta to Percik. (PKL) protection. People also questioned the small Education, health, difficult access to water and amount of health budget that mostly came as grantpoor basic sanitation are clearly part of poverty. Not to from Provincial Government of Jawa Barat.mention the issue of gender equality which currently The similar was also happened in Garut, Jawais like a far away dream, due to the high frequency Barat, where protestor decided to refuse Alfamartof children’s and women’s trafficking. Target of the development that may interfere with public’s economy,environmental field is almost invisible because everyday especially small merchants. In Cianjur, Jawa Barat, aswe continue to witness facts on environmental damage much a 300 of SRMI activists have come to the officearound us, such as flood and landslide. There are many of local council (DPRD). People questioned the smallother facts that can confirm our doubts on MDGs’ amount of education and health budget, whereassuccess. budget for agency’s cars continue to grow. Humanitarians, non government organizations Adjacent to that, people also insisted for Cianjurworking on environment and public health issues government to increase budget for educationclaimed that poverty is violation of human right, thus and health, as well as protection for Indonesianthey demand that people of the world respect the right. Worker (TKI) abroad. (Eko/Infid.org)Later, UN General Assembly declared October 17th 17
  18. 18. Discourse ISTIMEWA Matter of Right to Water and on Housing (First Paper)Dr Cekli Setya Pratiwi, SH.,LL.M. health, education, and culture” are adequately met and available for all. In line with this fundamental goal, an instrument of the International Bill ofT he International Covenant on Rights is established to provide protection both Economic and Social Rights (from for individuals and groups with regard to rights hereon will be refer to as CESCR) on economic, social, and cultural, namely 1966 have been formulated and agreed CESCR. CESCR has basically provide entitlement to be part of The International Bill of right to work, right to receive education, rightof Rights with no other intention than to protect on proper living, right to healthy environment,human rights so that people can experience a life right to develop culture, etc. Right on properthat is whole, free, safe, protected, and healthy. living will be reviewed in this paper and will beRight to live as the most natural right will never focused on right on a house and water. be accomplished unless all of the required basic Compare to the civil and political rights in rights to a living such as “right to CCPR, rights on economic, social and cultural work, food, housing, are often considered as second degree rights where 18
  19. 19. EEdisi III, 2010 Edisii IIII,, 2010 dis Ifulfillment is unforceable, non-justiciable, and has obligated countries to guarantee right to water htto be fulfilled progressively. However, along with for all citizen.entitlement of global Bill of Rights system that Thus, it is obvious that both civil-politicalwas marked by DUHAM 1948, then countries right, as well as economic, social, and culturalin the world have emphasized over and over rights is inseparable due to its interdependentthrough World Conference on Human Right in nature and because both require equal attentionthe year 1993 by stating that both Human Right’s from the country in term of application,features, namely CCPR and CESCR have an socialization, and protection; considering thatequal important position. UN General Assembly fulfilling civil and political rights alone withoutresolution No 32/130 on December 1977 stating: fulfilling one’s economic, social and cultural rights“(a) All human rights and fundamental freedoms is highly improbable. Thus, in order to fulfillare invincible and interdependent; equal attention economic, social, and cultural rights, national andand urgent consideration should be given to the international support in policy is necessary.implementation, promotion, and Hence, all forms of denial on economic, social,protection of both civil and political, and cultural rights due to the thinking that putand economical, social and cultural economic, social, and cultural rights as unreal, orrights; (b) The full realization of does not require country’s involvement,civil and political rights without or can progressively fulfilled, are nothe enjoyment of economic, social … that right longer relevant; more so when CESCRand cultural rights is impossible; has been adopted by the UN General to water isthe achievement of lasting progress Assembly through 2200 A (XXI)in the implementation of human something Resolution on December 1966 andrights is dependent upon sound and that cannot be has been applied since January 3rdeffective national and international apart from other 1976. Even today, since CESCR haspolicies of economic and social human rights been ratified by 143 countries, CESCRdevelopment, as recognized by the experienced change of character fromProclamation of Teheran of 1968”. multilateral to international customary m In the year 2002, the Committee la meaning that it binds all country law,on Economic, Social and Cultural Rights in w or without ratification. withGeneral Comment No 15, has firmly provideinterpretation of section 11 and 12 of the II. Assessing GuaranteeInternational Covenant on Economic, Social and of Right on Housing and to Water in PositiveCultural Rights, that right to water is one thing Lawthat cannot be apart from other human rights. Discussing the matter of law guarantee on theIn its argumentation, this Committee has shown people’s right on housing and to water, we needthat plenty of other human rights that cannot be to see how far the law in Indonesia can providefulfilled without right to water. Right to live, right adequate guarantee on these rights. On the aspectto food, right to maintain health level, are rights of law guarantee, it is more than quality of thewhere in order to fulfill requires right to water as law substance that regulates the matter in everyprerequisite. National Law, but must also consider Indonesia’s It is mentioned that water is not only needed obedience as part of the International communityto drink but also an inseparable part of the with awareness to accept and acknowledgedfood processing, or creation of healthy housing the International Laws especially onesand other human’s requirement for a living. that has become part of ourFurthermore it is confirmed that the committee country’s positive 19
  20. 20. Discourselaw.law. It is important to co rm due to many confi of International Covenant on Economic, Socialviews and practices saying that National Law and sayin and Cultural Rights. Consequently, since 2005International Law is separated from one another; Indonesia is obligated by law to immediately adaptin consequence, Law makers, law enforcers, or every law product that relate with the content ofeven decision makers often neglect the binding the covenant; with the purpose of strengtheningnature of that specific International Law, and it guarantee on people’s right fulfillment onoften implied on the force taking of people’s rights economic, social, and cultural aspects.that have been acknowledged by international Then in the context of people’s right guaranteecommunity as human rights that cannot be on proper living especially housing and water,reduced by anyone including the country, unless how will CESCR discommode participantspecific conditions applied which needs to be countries to immediately take important steps inclearly regulated by the Law. acknowledging the rights? On the matter, Section With regard of the discussion object in this 11 Verse (1) CESCR stated that: The State Partiespaper, which is guarantee of people’s right on of the present Covenant recognize the right of everyone to and adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The State Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect essential importance of international cooperation based on free consent. Implication of the above CESCR Section 11 Verse (1) stipulation is that every country that has participate or ratified the covenant (including Indonesia), has the obligation to recognize ISTIMEWA the right of every citizen on proper living standard that consist of adequateproper living especially housing and water, food, clothing and housing and continuouslyjuridical implication of Indonesia’s acceptance improving living condition. The word ‘recognize’to an International Agreement is immediately as in recognizing right of every citizen to properestablish new law if it has not yet exist, living standard, such as adequate food, clothing,synchronize/change whenever contradiction and housing, have implicated the country withpresent or even revocation if the regulation is obligation to respect, obligation to protect,considered to be inappropriate or against the obligation to promote, and obligation to fulfillpeople’s rights. In the matter of people’s right on rights in the CESCR covenant through real stepsproper living which is included in the scope of in accordance to 1986 Limburg principles andeconomic, social, and cultural rights, Indonesia 1997 Maastricht principles, including legislativehas officially become the participant of The 1966 actions to adjust or change all laws and regulationsInternational Covenant on Economic, Social in Indonesia, at the central level down to the local and Cultural Rights (CESCR) through a level, when it is against the covenant content. ratification of Law No 12 Year 2005 on Legalization 1. Implementation Regulation with Chance in 20
  21. 21. Edisi III, 2010Neglecting the People’s Right on housing First, it cannot be denied that Indonesia’scourage in ratifying CESCR is one of Indonesia’srecognition for rights on economic, social andcultural of its citizen, which include right onhousing and to water. Nevertheless, ratificationalone is not enough. To see how far Indonesiaas CESCR participant fulfill its obligation toguarantee fulfillment of economic, social, andcultural rights especially with regard to right onhousing and to water of its citizen is to see thatthe substance of all laws and regulation from the ISTIMEWAhighest hierarchy (UUD 1945) to the lowest, slightly different for Section 28H prefers the termfrom central level to local level, have been adapted “physical and mental prosperous life”.or synchronized with CESCR substances; or In the next part, physical and mental lifeeven more extreme, concrete measures are taken prosperity is clarified to only cover “right to reside”where laws and regulations which are against the and “right to proper and healthy environment”.substance of CESCR be revoked or no longer in In the writer’s opinion, “right to reside” has widereffect. connotation that “right on housing”, where one Reviewing the substance of may reside without having any house; whereasUUD 1945 as the highest regula- one with a house is not automatically residing.tion or source of all laws in Indo- In a communal social condition asnesia, after four amendments, espe- such Indonesia, it’s safe to say thatcially the Second Amendment on It cannot b denied that be Indonesia’s courage in almost everyone have residencyAugust 18th 2000, there are several ratifying CESCR is one of although not everyone have aHuman Right-related Sections that Indonesia’s recognition house, because they could residehave been changed and added. for rights on economic, with family, child, or parents.UUD 1945 is considered to be social and cultural of its citizen Other right as realizationmore detail in regulating and guar- prosperous life is the right of panteeing Human Right protection healthy environment. In to hcompare to the previous Section UU 1945, right to good and UUD28; this is certainly worthy of appreciation. How- healthy environment does not healever, whether the more detail Section 28 is already automatically refer to right on adequate food. This i ll fin harmony with the content of newly ratified CE- certainly very different with the will of CESCRSCR in the year 2005 requires further review. that firmly entitles and obligated every participant With regard to right on housing, UUD 1945 country to guarantee the right of its citizen toespecially Section 28H Verse (1) stated that: adequate food.“Everyone have the right to live prosperously Therefore, Indonesia as a country that ratifies-both physically and mentally-, have a place to CESCR has not yet succeed in guaranteeing thestay, and enjoy good and healthy environment, right of its citizen to proper living -which includesand right to receive health service”. right to adequate clothing and food (including The term “recognition of right on proper water) and adequate housing- in itsliving“ in CESCR Section 11 Verse (1) indicates constitution. The concept present in Sectionproper living such as in adequate food, clothing 28H of UUD 1945 is onlyand housing, whereas Section 28H Verse (1) is 21