Profit-centric grading system breaches people’s right to clean water, says group


Bernard Saw

The federal government proposes to introduce a raw water grading system to motivate state governments to protect their water resources. – The Malaysian Insight file pic, March 18, 2021.

PUTRAJAYA’S proposed raw water grading system may have state governments smiling at the prospect of increased revenue, but an environmental group said the scheme violates the public’s right to clean and safe water.

Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) president Shariffa Sabrina Syed Akil said the system proposed by the Environment and Water Ministry absolves the state of its duty to provide clean, treated water to all ratepayers.

“It is the government’s responsibility to provide clean water. The obligation is on the government to provide the whole of Malaysia with safe water,” she said.

The system proposed by Minister Tuan Ibrahim Tuan Man is aimed at rewarding state governments that protect the environment and their water sources.

Under the system, the states can sell other states clean raw water at higher prices because the cost of treatment is reduced. Lower grade raw water would fetch cheaper prices.

This will incentivise state governments to protect the rivers, streams and lakes.

Shariffa said, however, this means that only those who could afford to pay would receive clean, treated water.

Poor communities, such as the Orang Asli and B40 groups, will be disadvantaged, she said.

“Based on the ministry’s proposal, those who are not able to afford clean water will only be entitled to access low quality treated water, despite the fact that water is recognised as a basic human right and that every citizen is to be treated equally.”

Shariffa added that the grading system is unfair as states would be buying raw water from other states using public funds. 

Another weakness of the system is its neglect of other decisions made by state governments that threaten clean raw water supply.

“Examples of these include contamination to waterways as a result of poor planning, approval of logging concessions in water catchment areas, poor drainage and failure to replace or upgrade pipes and water treatment plants.”

She also took issue with Tuan Ibrahim’s remarks that the water grading system will allow the state governments to generate more income. 

“Peka’s stand is that the government is duty-bound to ensure that the rights of the people take precedence over the revenue interest of the state. 

“And that any decision by the government to implement any scheme which encroaches on the basic right to equal access to clean water, as a whole, goes against human rights.

“Peka strongly opposes the minister’s proposal to apply any grading system for the supply of water. Peka also, strongly urges the minister to be more innovative as well as socially responsible and to look beyond the over-reliance on natural resources to fill the coffers of the state.”

The right to clean water was recognised as a universal human right in 2010 by the United Nations General Assembly. It means that all persons are entitled to safe drinking water without discrimination and that acces to such supply is affordable.

“Further, Article 5 of the federal constitution also recognises the right to life which has been considered by the courts to include environmental issues,” Shariffa added.

From the environmental standpoint, however, clean water advocates Water Watch Penang believes the grading system is theoretically a good way to ensure rivers and watersheds are protected.

Its president Prof Dr Chan Ngai Weng said in theory the sale of clean raw water between states at a higher price is meant to ensure states take care of their watersheds and rivers.

“It ensures states with water catchments would take care of their forest and environment (in order to sell) clean raw water at a higher price.”

However, Chan said in reality, this would not work if the state places more importance on economic activities that are detrimental to the environment.

If the state prioritises revenue from logging, harmful tourism development, building more highways and poorly-planned housing, or mining, rather than revenue from clean raw water, then the grading system will not work, he said.

The system can also be problematic for states that share a river.

“In Kedah and Penang, for example, it will not work as Penang will not pay for the water it draws from Sg Muda, where half the river is within Penang’s territory. 

But if implemented well and in conjunction with development policies that protect the environment, the grading system can be a step forward in the right direction, Chan said. – March 18, 2021.


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