Land, air, water and sun are the most essential elements for life. In absence of one of these elements life is just impossible on the earth. All other living entities in this planet gratefully enjoy this gift of the nature. But, we the human being want to grab it for personal interest. Grabbing something absolutely for self interest we often cause deprivation for others. By this time individuals’ ownership has got established on land. Now, the major part of the land in every country is in the hands of a small number of people. What is next to grab? It is water. Conflict over water is not new at all. May be later the air and the sun will also go to the personal possession and the common will have to purchase it for their existence as we need to buy now a piece of land in an inflated price from the rich land-owners to have a shelter for living. Money has created an inequitable world. Anything with which money is involved always goes under the control of rich people. The poor can still take their breath, can have a bath in the river, and can warm their body in the sun because in some extent it is still out of the monetary system.
Now- a- days water is often treated as an item of goods. With a positive intention, I guess, to make people understand about the value of water, it is compared to the goods and price has been imposed on it. The good intention is now turning into a bad practice. Evaluating the life-essential things with money and intention of regulating these types of things by imposing price is just dangerous. In such case there is every possibility to go these kind of life essential elements to the wrong hands. Greed spines round the money.
Recently, WARPO (Water Resource Planning Organization), an attached department of Ministry of Water Resources has drafted a set of laws to regulate water resources in this country. It is known as Water act 2010. It is in draft form now and presented to the Minister for Water Resources on the last week of May with a claim that it is a good law and prepared after reviewing the good existing laws and policies within the country and across the globe. To make it a law, within 15 days started from 22nd May 2011, this document will be reviewed by different committees and will be sent to the cabinet for approval to pass it in the parliament.
I have gone through the document and what I have found is dangerous. The worries with what I have started my article are all there. To protect water, licensing is coming as an obligation for the users in the laws. We all know who are the people in our society can have the license? The water bodies in the North Eastern part of the country have gone to the rich and powerful people of the country because of the leasing system. The fisher folk who grew up by swimming in those water bodies, whose ancestors lived in it hundreds of years, who share their umbilical cord with it, now prohibited to enter into these water bodies. Same is happening in the forest areas in the Chittagong Hill Tracts, Sunder bans and Modhupur and other forest areas. The forest people have no access in the forest. The “permit” holders are now reigning over the forest and having all the benefits. Same thing will happen if this law comes into force. Even to fish in the river or in the see a license will be required? These licensing systems in the name of protection of water resources, the gift of the nature on which the common people are depending for their living and livelihood will be made restricted? I think it will jeopardize all our efforts to ensure food security even.
Reading the Water Act 2010 (draft) I got an impression that these acts are to protect misuse of our water. However, it has ignored the actual purpose - - the issue of right. For example, the purpose of water distribution ( Page 14) as it is mentioned there; is to use it in the household, municipality, fish farming, wildlife, irrigation, power generation, etc. The list has been extended long and gone up to the item called re-creation. It has missed the spirit of keeping the human being above all of everything. To ensure the equitable distribution of water for each and every citizen for their living and livelihood should be the purpose of the water distribution, not merely the water related activities as mentioned. I think living and livelihood cover all the aspects mentioned in the document and it keeps the equity issue in the center to protect it by law.
In a chapter, it is mentioned that the ownership of all water lies with the state. This statement is absolutely fine for the advanced states where state is equivocally meant for the people. But, for the country like ours’ do not mean that. Here sate means the people in power. I think we are yet to be in such ideal situation. It should rather be replaced directly by the word “people”, means the owners of the water (and other resources) is its people. This sprit should be established by the law. We all know who gets benefit from the state- owned resources and properties. I am sure; it is not the poor and powerless section of the population.
In the name of “good faith” an opportunity to exploit water resources has been kept for the water dealing organizations. In Page 38, it is mentioned that on any installations on good faith this type of organizations can continue their ownership by paying compensation. Imagine now whose purpose is going to be served by these types of law.
It seems that these laws are going to be framed to protect the companies/ organizations. For violation of the water laws, punishment is heavier for the individuals than the companies/ organization. For an individual it is maximum five years jail and Tk 500,000 in fines or both for misusing water, while an organization can violate water law by facing only financial penalty. To me it is like having the right to violate law by paying money!
We feel that government has not made these kind of mistakes innocently. There is every reason for doubt that a cunning interested group is hidden behind this with a motive to appear little later and take control over the water resources of the country as soon as it is approved as law.
We have heard that it is still with the review committees of which DG, WARPO is the head. I think it should be stopped there right now. To prepare such types of law arrange for a public hearing, listen to the people and expert and then do something. We should keep it in mind that it is water which we are going to deal with the laws. It is no less than life. This law should not be framed such a way that it protects the interest only of the rich who are just a small portion of the population of this country.
This article also published un the Daily Star, link
http://www.thedailystar.net/newDesign/news-details.php?nid=189961
