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Privatisation of water

Public-private partnerships: do they deliver to the poor?




    A report published by The Norwegian Forum for Environment and Development



                                   April 2006

                                                                                1
This report is published by the ForUM working group on fresh water:
Norwegian Church Aid (NCA)
The Association for International Water and Forest Studies (FIVAS)
The Norwegian Development Fund
Women's International League for Peace and Freedom (WILPF)
The Norwegian Water Movement

Oslo, April 1st, 2006 (no joke)

Front page: Collection of water is often a job for women and children, and can consume a lot of time
and energy which could have been spent on schooling and other activities. Photo: Ellen Birgitte
Strømø, the Norwegian Development Fund.

Written by
Jørgen Magdahl, The Norwegian Development Fund’s Youth (Spire) / Member of the Association for
International Water Studies (FIVAS)
Hege Sørreimd, The Norwegian Development Fund’s Youth (Spire)
Elise Christensen, The Norwegian Development Fund / Board member of the Association for
International Water Studies (FIVAS)
Andrew Preston, The Association for International Water Studies (FIVAS)
Terje Kronen, The Norwegian Forum for Environment and Development
Øystein Berg, The Norwegian Forum for Environment and Development




2
TABLE OF CONTENTS
EXECUTIVE SUMMARY......................................................................................................................... 5

INTRODUCTION ..................................................................................................................................... 6

1. PRIVATISATION AND WATER.......................................................................................................... 7
   1.1 The advent of privatisation ........................................................................................................ 7
   1.2 Privatisation of water and sanitation –policy rationale........................................................... 8
   1.3 Trends in privatisation of water supply and sanitation .......................................................... 9
   1.4 Various types of water privatisation ....................................................................................... 10

2. PRIVATISATION OF WATER SERVICES – ACTORS AND INTERNATIONAL POLICY
FRAMEWORK ...................................................................................................................................... 12
   2.1 The World Bank......................................................................................................................... 12
      2.1.1 Post-2003: less dogmatic, more pragmatic? ....................................................................... 12
      2.1.2 Continuing pro-privatisation bias in World Bank strategies and practices .......................... 13
      2.1.3 PRSPs and continuing conditionality ................................................................................... 14
      2.1.4 World Bank partnerships ..................................................................................................... 14
   2.2 Regional Development Banks ................................................................................................. 15
      2.2.1 The Asian Development Bank (ADB) .................................................................................. 15
      2.2.2 The African Development Bank (AfDB) ............................................................................... 16
      2.2.3 The Inter-American Development Bank (IADB)................................................................... 17
   2.3 Donor agencies ......................................................................................................................... 17
      2.3.1 European Union ................................................................................................................... 17
      2.3.2 Bilateral agencies ................................................................................................................ 18
   2.4 Norway in the spotlight ............................................................................................................ 18
      2.4.1 Water in Norwegian development policy ............................................................................. 18
      2.4.2 Norway’s position on water privatisation ............................................................................. 19
      2.4.3 Disharmony between policy and practice? .......................................................................... 19
   2.5 Other reinforcing structures and institutions ........................................................................ 20
      2.5.1 OECD................................................................................................................................... 20
      2.5.2 General Agreement on Trade in Services (GATS) .............................................................. 20
      2.5.3 Multinational corporations.................................................................................................... 21
      2.5.4 Consultants .......................................................................................................................... 21

3. EXPERIENCES FROM WATER PRIVATISATION IN THE SOUTH................................................ 22
   3.1 Dar es Salaam, Tanzania .......................................................................................................... 22
   3.2 Accra, Ghana ............................................................................................................................. 24
      3.2.1 World Bank involvement in Ghana ...................................................................................... 24
      3.2.2 Ghana Water Company Limited and Public Private Partnership......................................... 24
      3.2.3 The urban water project in Accra......................................................................................... 24
      3.2.4 The Price of Water............................................................................................................... 25
      3.2.5 The National Coalition Against Water Privatisation ............................................................. 25
      3.2.6 Critique of the privatisation of GWCL .................................................................................. 25
   3.3 South Africa ............................................................................................................................... 26
      3.3.1 Government policy – a neoliberal success? ........................................................................ 26
      3.3.2 An alternative approach: Public-public partnership ............................................................. 27
   3.4 Manila, the Phillippines ............................................................................................................ 28
      3.4.1 High expectations ................................................................................................................ 28
      3.4.2 Unfulfilled promises ............................................................................................................. 28
      3.4.3 Cholera and increased water rates...................................................................................... 28
      3.4.4 Ondeo terminates the contract and leaves a huge public debt ........................................... 29
   3.5 Buenos Aires, Argentina .......................................................................................................... 29
      3.5.1 Water privatisation as the only solution ............................................................................... 30
      3.5.2 Renegotiation and cherry-picking ........................................................................................ 30
      3.5.3 Lack of regulation and failed promises ................................................................................ 30
      3.5.4 Public resistance and lay-offs .............................................................................................. 31
      3.5.5 Compensation for risky business......................................................................................... 31



                                                                                                                                                    3
3.6 Cochabamba, Bolivia................................................................................................................ 32
       3.6.1 What next? After the Water War.......................................................................................... 32
       3.6.2 Financing ............................................................................................................................. 32
    3.7 Kibera Slum, Nairobi, Kenya .................................................................................................... 34
       3.7.1 The situation in Kibera ......................................................................................................... 34
       3.7.2 Experiences with commercialisation of water and sanitation services ................................ 34
    3.8 Uganda ....................................................................................................................................... 35
       3.8.1 Reforms of the management ............................................................................................... 35
       3.8.2 Enhanced performance from learning ................................................................................. 35
    3.9 Olavanna Village, Kerala, India ................................................................................................ 37
       3.9.1 The first initiative .................................................................................................................. 37
       3.9.2 The success story and learning points ................................................................................ 37
    3.10 Case study findings ................................................................................................................ 39
       3.10.1 Lack of regulation & democratic accountability ................................................................. 39
       3.10.2 Public resistance................................................................................................................ 39
       3.10.3 Higher prices...................................................................................................................... 39
       3.10.4 Policies in contradiction with experiences ......................................................................... 39
       3.10.5 Corporate monopoly and corruption .................................................................................. 39
       3.10.6 Cherry picking .................................................................................................................... 39
       3.10.7 Public subsidies to pay for corporate risk .......................................................................... 39
       3.10.8 Renegotiation..................................................................................................................... 40

4. CONCLUSIONS AND RECOMMENDATIONS ................................................................................ 41
   4.1 In general, privatisation has failed .......................................................................................... 41
   4.2 Policies ignore experience....................................................................................................... 42
   4.3 The way forward........................................................................................................................ 42
   4.4 Recommendations .................................................................................................................... 43
   4.5 End note to civil society and governments in developing countries:................................. 44

REFERENCES ...................................................................................................................................... 45




4
EXECUTIVE SUMMARY                                   Regarding        the     international      financial
                                                    institutions (World Bank, IMF, etc.):
The purpose of this report has been to              •    ensure that water privatisation is not
document and discuss:                                    included as a condition for financial
                                                         support from the World Bank or any of the
1. How privatisation has been promoted by                IFIs;
international financial institutions and other      •    reduce support to institutions, funds and
donors as a strategy for financing water                 partnerships that, without exception,
services.                                                support private sector development in the
2. Effects on the poor of different kinds of             water sector;
privatisation of water services in developing       •    ensure that governments have the right to
countries.                                               subsidise water to secure adequate
3. Policy recommendations for the provision of           access for all;
water to the poor.                                  •    advocate the World Bank’s abandonment
The report reviews how the World Bank and                of their push for privatisation in all activities
other international institutions and donors have         and on all levels;
promoted privatisation during the last two          •    cancel the debt of developing countries in
decades through privatisation conditionalities           order to free public funds for expanding the
and a focus on the private sector as the                 access to water;
solution to financing needs in the water and        •    advocate a World Bank strategy aimed at
sanitation sector. The World Bank says it                improved public and community-controlled
acknowledges the difficulties with privatisation,        water delivery.
but remains wedded to its belief in the             Regarding Norwegian bilateral aid:
underlying rationale of private participation and   •  ensure that recipient countries are not
continues to find new ways to encourage                forced into privatisation;
private investment.                                 •  ensure that water privatisation is not made
Case studies from Africa, Latin America and            a condition of Norwegian multilateral and
Asia, show that privatisation involving                bilateral aid, loans or debt forgiveness;
multinationals often leads to higher prices for     •  ensure that water supply is affordable for
the poor, disconnections and in some cases             the poor;
cancellation of contracts, leaving water            •  gain and demonstrate the consent of civil
infrastructure in a worse state than before. The       society     before     policies    of   water
reality on the ground contradicts the continued        privatisation are promoted, and involve
enthusiasm of international institutions and           them in questions of regulation and
donors for privatisation as a solution to global       decision-making;
water needs. Alternative forms of water             •  strengthen transparency, governance and
management and provision, for example, local           user participation in the water sector, and
cooperatives and small-scale community-                be open-minded to private ownership or
controlled initiatives, provide examples of            operations on the community level if the
different, more viable solutions.                      public service does not work;
                                                    •  pay more attention to questions of local-
Our conclusions are:                                   level power and politics as well as local-
•  Water privatisation has failed to deliver to        level understandings of water and
   the poor                                            sanitation issues.
•  Water privatisation has undermined the
   human right to water                             Regarding WTO and GATS negotiations:
•  Water privatisation has taken place at the       •  take the position that all countries should
   expense of democratic principles and with           withdraw their requests to developing
   minimal accountability to local citizens            countries about privatisation of services in
•  Privatisation leads to foreign control and          the water sector through the GATS
   monopoly                                            agreement;
•  Developing countries have not proven             •  renegotiate bilateral and regional trade and
   profitable for multinational companies              investment agreements which enable
•  With strong and competent public                    private water corporations to claim undue
   authorities, private actors may have a role         “compensation” from public authorities via
                                                       arbitration cases;
Our recommendations to the Norwegian                •  ensure that governments have the right to
government are:                                        subsidise water to secure adequate
                                                       access for everyone.


                                                                                                        5
INTRODUCTION

Over the past 20-25 years public utilities have            donors as a strategy for financing water
been seen as failing to provide water services             services.
in developing countries. In response to this, a         2. Effects on the poor of different kinds of
strategy of privatisation within the water and             privatisation   of    water services   in
sanitation sector has been promoted                        developing countries.
internationally since the 1980s. Private                3. Policy recommendations for the provision
companies were considered to be more                       of water to the poor.
efficient than public utilities, and were expected
to be able to provide better water services,            Chapter 1 provides an overview of how
also for people with low incomes.                       privatisation has been promoted as the
                                                        solution to the problems of public services
Many case studies show that privatisation in            delivery in general, and water and sanitation
the water sector has negative effects,                  services in particular.
especially in respect of provision of water to
the poor. Privatisation of water has, in many           Chapter 2 gives an overview of international
cases, led to unaffordable tariffs for people           actors in the water sector and also looks at
with low incomes. Profit-based companies will           Norwegian water policies and privatisation.
normally only provide water to those they know
have the ability to pay.                                Chapter 3 contains a collection of case studies
                                                        from around the world illustrating water
The purpose of this report is to document and           privatisation projects.
discuss:
                                                        Chapter 4 consists of conclusions and policy
1. How privatisation has been promoted by               recommendations.
   international financial institutions and other


                                            MDG 7, target 10:

                                “Halve, by 2015, the proportion of people
                               without sustainable access to safe drinking
                                       water and basic sanitation”

                                      www.unmillenniumproject.org




6
1. PRIVATISATION AND WATER
In this chapter, we provide an overview of how        The IFIs promoted this policy package in
privatisation has been promoted as the                developing countries in the 1980s and early
solution to the problems of both public service       1990s as Structural Adjustment Programs
delivery, in general, and water and sanitation        (SAPs). In many cases, getting a loan from
services, in particular. We also give an              either of the two institutions, or even
overview of privatisation trends in the water         development aid from international donors,
sector and discuss the various types of               was made conditional on implementing a SAP.
privatisation.                                        Hence, many countries adopted these policies
                                                      and removed state control and price subsidies
1.1 The advent of privatisation                       from various areas of the national economy.
Since the late 1970s and early 1980s,                 Opening up to privatisation and private
privatisation has been put forward as one part        investments in public services would reduce
of a larger reform package intended to stabilise      the need for government spending.
economies and create growth. These reforms
were based on the rationale in new economic           SAPs were heavily criticised for having
theory that state planning and expenditure            detrimental effects, especially on the poor.
were often less efficient than private actors         Critics among civil society organisations claim
operating in a free market.                           that many of the policy recommendations,
                                                      including privatisation, are still being promoted
Reforms, such as deregulation, reducing public        by the IFIs, through policy frameworks such as
expenditure and privatising publicly owned            the World Bank’s Poverty Reduction Strategy
industries, were recommended by the two               Papers (PRSPs) and the IMF’s Poverty
most       important    international financial       Reduction Growth Facility (PRGF). The PRSPs
institutions (IFIs) - the World Bank and the          will be discussed in more detail in section
International Monetary Fund (IMF), along with         2.1.3.
the U.S. government (Hartwick & Peet 1999).
The policy recommendations came to be                 In recent years, aid has changed in the
known as the “Washington Consensus” (box              direction of ‘harmonisation’ and ‘globalised
1.1).                                                 conditionalities’. Bilateral aid has become less
                                                      competitive, better coordinated and better
                                                      targeted.     Greater     cooperation    between
                                                      bilateral donors has increased the significance
      Box 1.1: Washington Consensus policy            of    multilateral    programmes,      with   aid
                recommendations                       contributions being channelled in their
                                                      direction, and increased the coordinated
  •    Privatisation of state enterprises             pressure on developing countries. This has led
  •    Deregulation – abolition of regulations that   to the reinforcement of policy conditions set by
       impede entry or restrict competition           multilateral institutions. Moreover, decision-
  •    Legal security for property rights             making has moved to the international level,
  •    Openness to foreign direct investment          further away from democratic accountability,
  •    Fiscal policy discipline                       but nonetheless still very much open to the
  •    Redirection of public spending toward          influence of multinational companies (Hall and
       education, health and infrastructure           Motte 2004). The influence of these companies
       investment                                     will be discussed further in section 2.5.3.
  •    Tax reform – Flattening the tax curve
  •    Interest rates that are market determined      According to the 2003 Human Development
       and positive                                   Report, privatisation is promoted through
  •    Competitive exchange rates                     international or bilateral aid, as well as through
  •    Trade liberalisation – replacement of          institutions such as the World Trade
       quantitative restrictions with low and         Organisation (WTO):
       uniform tariffs
                                                      “The (…) push for private provision [of
          Source: Hartwick & Peet (1999)              services] has come from donor policies
                                                      advocating economic liberalisation and free
                                                      markets to advance growth and development.
                                                      Social services are frontier issues in this move
                                                      to expand the private sector’s role. In the


                                                                                                      7
1990s many donors supported extending                      and low levels of coverage, the public utilities
private provision and financing to social                  were blamed for “over-engineered” high-cost
services, especially urban water supply. The               solutions, requiring large government subsidies
World     Trade     Organisation’s      General            (Asher 1987). In general, a number of closely
Agreement on Trade in Services also                        related reasons have traditionally been seen
encourages private entry into social services”.            as the failure of the public water supply and
                                                           sanitation service (see box 1.2).
     UNDP Human Development Report, 2003
                                                           The case for privatisation in the water supply
1.2 Privatisation of water and sanitation –                and sanitation sector stems, in part, from a
policy rationale                                           belief that the private sector is better placed to
The 1980s were declared the “UN International              undertake the kinds of investment necessary to
Drinking Water Supply and Sanitation                       expand and rehabilitate water infrastructure.
Decade”. The goal was to ensure that                       This belief has replaced the idea that politics
everyone in the world had access to adequate               and political processes can provide the
water supply and sanitation within a decade,               solutions to social problems, instead giving
but the goal was far from met. Thus, the neo-              room for markets or market-friendly processes.
liberal argument behind a pro-privatisation
agenda expanding into a new sector was tied                In short, the private sector is considered more
to an alleged failure of the public sector to              effective and better able to provide capital than
deliver water in poor countries.                           governments as a result of competition and the
                                                           pursuit of self-interest, such as maximising
The increase in privatisation has largely been             profits. This, in turn, solves social problems by
driven by a desperate need for increased                   providing expanded connections, better quality
capital investment in water supply and                     and prices – also for the poor, according to the
sanitation (WSS).                                          theory and the World Bank:




        Box 1.2: Reasons given for the failure of public water supply and sanitation services

    Lack of efficiency: public water and sewage utilities tend to be inefficiently managed since
 governments have multiple objectives, but limited financial resources. With the government as both
owner and provider, the manager of the utility is subject to a number of conflicting influences, which it
  may not be able to balance, if clear priorities are not established. In this line of argument, lack of
                               efficiency is seen as closely related to:

    Absence of competitive discipline: since public utilities are not usually subject to the discipline of
     the market (competition) they have fewer incentives to minimise costs and provide services in the
                                    manner which customers demand.

   Lack of access to capital: because government budgets are strained, most public utilities have
 insufficient financial capital to undertake the necessary investments to maintain services. It is argued
   that private companies are better placed to access capital, both domestically and internationally.

                                           Source: Ascher (1987)



In many Least Developed Countries (LDCs)                   “The reality is that the private sector has the
the combination of rapidly growing populations,            capacity and the interest to serve the poor, is
urbanisation; reduction in assistance for public           willing to experiment with low cost options, and
water supply and sanitation services from                  different levels of service, and with greater
international development agencies; and the                efficiency can benefit all consumers”.
gradual downscaling of the state sector, mean
that public sources of finance are not sufficient          World Bank quoted by Catley-Carlson (2002),
for the rehabilitation and expansion of the                in Emanuele & Hall (2003), p 29.
infrastructure. Facing problems of inefficiency
                                                           Resolving the water crisis has become a
                                                           question of reducing the state and “reforming”



8
public services rather than a question of equal        during the 1990s, peaked in 1997 and declined
distribution and ownership. Completely absent          after this. This applies both to the number of
from the so-called “crisis of the state” argument      World Bank privatisation projects and to the
has been the fact that some governments in             amount of private investment provided. Table
developing countries have been unable to               1.1 gives an overview of total private
afford investments in their water services.            investments in the water and sanitation sector.
These governments are recovering from
financial crises, asphyxiated by IMF-imposed           As IFIs started to promote privatisation in the
structural adjustment programs and ‘cash-              water sector as part of “reforms” in developing
strapped’ by being forced to spend a huge              countries, bilateral development agencies,
percentage of their annual budgets on debt             such as the United Kingdom Department for
servicing. Moreover, the debt relief process           International Development (DFID) and the
under the Heavily Indebted Poor Countries              United States Agency for International
(HIPC) initiative is used in most cases to push        Development (USAID), followed suit. This led
privatisation as a set of policy conditions            to privatisation of water utilities in cities in Asia,
required to qualify for the relief process (World      Latin America and Africa, and became a
Development Movement, 2005).                           central development policy during the 1990s.

The process of privatisation has led to much           Estimates indicate that only 10% of the world’s
controversy and is an intensely political              population is currently served by private
phenomenon. There is a tendency to                     providers (World Bank 2006). However, there
depoliticise privatisation as simply a standard        are major regional differences (WSSCC 2003).
economic and commercial transaction between            See table 1.1 for an overview of private sector
users and private service providers. Still,            investment by region.
privatisation creates a new situation, shifting
utilities from governments towards the market,         “From 1990-2004, 54 low and middle-income
affecting the way civil society normally               countries had private activity in their Water and
articulates its needs and affects democratic           sewerage sectors. In those countries, 307
input (Gutierrez 2003). Hence, privatisation           Water and sewerage projects with private
has highly politicised the question about water        participation,       involving         investment
supply and sanitation provision. The battle is         commitments for about US$41 billion, reached
fought by a range of actors, from civil society        financial closure. Latin America and the
organisations in poor countries strongly               Caribbean and East Asia and Pacific were the
rejecting the strategy, to bilateral donors and        most active regions, accounting for about 51%
multilateral financial institutions promoting it,      and 38% of total investment, respectively.
often through policy conditionality.                   Concessions were the most frequent form of
                                                       private participation in the sector, representing
1.3 Trends in privatisation of water                   42% of the projects and 64% of total
supply and sanitation                                  investment. […] Some of those deals,
Until the 1990s, there were few large private          however, turned sour. Of the 307 projects, 21
initiatives in water and sanitation infrastructure     representing 37% of investment to the sector,
and services. Privatisation in the water and           were either cancelled or under distress by
sanitation sector (WSS) accelerated sharply            2004”
                                                           http://ppi.worldbank.org [online 26.03.2006]



                                      Number of            Investment
  Region                              projects             (2001, US$ billions)   Investment (%)
  East Asia and the Pacific                           90                    15,90              38
  Europe and Central Asia                             56                     3,80                9
  Latin America & Caribbean                          137                    21,00              51
  Middle East & North Africa                           8                     0,24                1
  South Asia                                           2                     0,22                1
  Sub-Saharan Africa                                  14                     0,23                1
  Total                                              307                    41,36             100

   Table 1.1 Private participation in water and sewerage projects in low- and middle-income
             regions, 1990–2004. Source: http://ppi.worldbank.org [online 26.03.2006]




                                                                                                           9
1.4 Various types of water privatisation
Privatisation of water and sanitation services            private participation, albeit non-commercial
has many variations. The World Bank uses                  and people-centred, in the provision of
four different categories for private participation       community water services.
projects: concessions; management and lease
contracts; greenfield; and divestiture projects.          Another aspect is how much of the water
The term “privatisation” usually refers to one of         service is privatised. There is great variety
these types. Service contracts are another                here: from concessions and management
variation (see box 1.3).                                  contracts, with the private operator assuming
                                                          control of the whole operation for a period of
There are many ways to describe the various               time, to service contracts, involving limited
types of privatisation. One important aspect is           specific tasks, such as installing meters,
the degree of influence that ordinary people              repairing pipes or collecting bills. A special
have on the projects. The type of privatisation           type of privatisation occurs when the public
that involves multinational companies usually             authority actively out-sources the management
means less democratic influence and                       and operations of water and sanitation services
accountability. In contrast, small-scale projects,        to cooperatives or local, democratically based
run by cooperatives or local, democratically              organisations (as described in section 3.9)
based organisations, usually provide a basis
for local influence on water delivery.                    All the types of privatisation mentioned below
                                                          may involve public-private partnerships
While these other local forms of water delivery           (PPPs), where the operating company is a joint
are not strictly “privatisation” (and are therefore       venture between the public owner of the assets
not included by us in box 1.3), they do                   and the private company, which usually has a
constitute alternative ways of increasing                 form of management control over the utility.


Box 1.3 Privatisation types

Project type                   Description
1. Concessions                 Operations and management contract with major capital expenditure. A
                               private entity takes over the management of a state-owned enterprise for
                               a given period during which it also assumes significant risk.

2. Management and lease Operations and management contract where a private entity takes over
contracts               the management of a state-owned enterprise for a given period.

3. Greenfield projects         A private entity or a public-private joint venture builds and operates a
                               new facility.

4. Divestiture                 A private consortium buys an equity stake in a state-owned enterprise.
                               The private stake may or may not imply private management of the
                               company.

5. Service contracts           Usually short-term agreements whereby a private contractor takes
                               responsibility for a specific task, such as installing meters, repairing pipes
                               or collecting bills.

Sources: UN Habitat (2003) and World Bank (2000)




10
Photo: Knut Nyfløt, The Norwegian Development Fund




                                                     11
2. PRIVATISATION OF WATER SERVICES – ACTORS AND
INTERNATIONAL POLICY FRAMEWORK
This section provides a more detailed          As pointed out in chapter 1, this relates to
overview of the comprehensive and              the idea that the public sector is unable to
pervasive international policy framework       provide the necessary services, and
that serves to facilitate and encourage the    therefore the need to find a role for the
privatisation of water and sanitation          private sector.
services. As mentioned in chapter 1, key
actors in this framework are the               2.1.1 Post-2003: less dogmatic, more
international financial institutions (IFIs),   pragmatic?
such as the World Bank and regional            Since 2003, however, the World Bank
development banks, and bilateral donor         appears to have acknowledged difficulties
agencies, including Norway. The pro-           with privatisation of water supply and
privatisation policies and practices of        sanitation. Officials say that the World
these key actors are reinforced by the         Bank has adopted a less dogmatic, more
activities and ambitions of other important    pragmatic approach to privatisation and
actors, such as the OECD, the World            that the World Bank has moderated its
Trade       Organization     (WTO)      and    policies (World Bank 2006b).
multinational corporations.
                                               Only about 5% of private investment in
                                               infrastructure goes to the water and
2.1 The World Bank                             sanitation sector (World Bank 2006).
The World Bank provides loans to over          Furthermore, private investments are
one hundred developing economies, with         heavily concentrated in relatively low-risk
the declared aim of helping the poor. The      economies in East Asia and Latin America.
hundreds of millions of people worldwide       Thus the World Bank concludes that
who lack access to water supply and            financial markets have a reduced appetite
sanitation are one of its target groups.       for risk and that the level of financing is
                                               unlikely to recover soon (World Bank
Since 1993, the World Bank has promoted        2004).
privatisation as an answer to the water
supply and sanitation crisis. The Water        Some moderation in language can be
Resources Management Policy Paper              discerned in a number of important World
(1993) states that water should be treated     Bank strategy documents, such as the
as an economic commodity, with an              Infrastructure Action Plan (World Bank
emphasis on efficiency, financial discipline   2003b), the World Bank's Program for
and full cost-recovery, including profits.     Water Supply and Sanitation (World Bank
The strategy requires caution on cross-        2004b), as well as operational guidance
subsidies and budgetary transfers to           for World Bank staff on public and private
subsidise connections (Royeen 2002).           roles in water supply and sanitation (World
Although this policy was criticised for not    Bank 2004c). The World Bank says it will
taking local concerns into consideration,      support operations across the entire
the main thrust of this policy was             spectrum of public and private and
continued in the Water Resources Sector        respond “to country demand by offering a
Strategy in 2002, building on the 1993         broad menu of options for public and
reports argument: “the obvious need (…)        private sector infrastructure service
for private sector involvement if the huge     provision”. (Ibid).
financing needs are to be met” (World
Bank in Hall et al 2001).                      See figure 2.1 for illustration.




12
2003 and beyond:
                                WBG operatesacross the entire
                                spectrum of public and private




          Public                                                           Private


                       1980s:                       Late 1990s: reliance
                        bricks and mortar           on private sector




Figure 2.1 The World Bank's changing rhetoric. Source: World Bank Infrastructure Action Plan, 2003


2.1.2 Continuing pro-privatisation bias in
World Bank strategies and practices
Despite acknowledging the difficulties and           Ban 2004b). In 2005 the World Bank
a degree of moderation in its language,              states that several hundred water supply
the content of the World Bank strategy               and sanitation utilities in developing
papers still demonstrate a clear bias                countries have improved management
towards privatisation and a considerable             efficiency,      transparency       and
scepticism towards the public sector.                responsiveness to consumers through
                                                     privatisation.
For example, the implementation progress
report of the World Bank Private Sector              Also, support for the public sector is
Development Strategy (2003a) admits to               provided on much stricter terms than
problems with the privatisation strategy.            support for the private sector. While
But, instead of calling for an end to the            financing public sector utilities will "depend
promotion of privatisation, the report states        on an assessment of its financial strength
that “these problems do not undermine the            and past operational performance" (World
basic rationale of private participation”.           Bank 2004c), statements about the private
There is a continued belief that well-               sector have a quite different tone. Here,
designed private participation schemes               the World Bank will support “a broad range
can lead to more efficient and better                of private participation options” and “a
quality services. The report concludes that          broad range of Bank Group instruments
the "problems confirm the fundamentals of            are     available      to support        private
efficient private provision while also               participation” (Ibid).
suggesting the need for some innovative
approaches based on these fundamentals               In their efforts to improve private
in order to address client needs and                 participation in the water sector, the World
concerns.” (Ibid).                                   Bank’s strategy papers emphasize new
                                                     ways to reduce risk for multinational
Furthermore, the World Bank portrays the             corporations:      “Private     international
privatisation experience in positive terms.          financing is particularly important for small
The World Bank's program for water                   countries that do not have the capacity to
supply and sanitation from 2004 states               raise funds from domestic public or private
that during the last decade the entry of             sources. To stimulate private investment
private sector operators has challenged              there is a need for a more collaborative
the idea of permanent, unregulated, public           public-private partnership, an approach in
monopolies      and    stimulated     better         which the World Bank has a role to play.”
performance among all operators (World               (World Bank 2004a).



                                                                                                  13
To reduce risk, the bank identifies                  Development Strategy (2002) emphasises
mechanisms such as protection against                water privatisation and explicitly states this
political risks, currency risks, and                 as a priority for PRSPs.
structuring municipal finances to support
private involvement. These instruments               Statistics also show that World Bank
follow the recommendations of the                    lending in water supply and sanitation from
Camdessus Report (WPFWI 2003)1. The                  2000–2003 had an increasing emphasis
report recommended stimulating more                  on privatisation and cost-recovery. In
private investment with guarantees against           2000, 91% of World Bank funds in the
political and currency risk (essentially             sector were tied to privatisation and 98%
providing public subsidies to reduce the             of the funds promoted cost-recovery. In
risks for multinationals); and giving a              2003 all loans promoted privatisation and
greater role to consultants, funding private         99% promoted cost-recovery (Public
consultancy companies and their work                 Citizen, 2004).
facilitating public sector “reform”. These
recommendations represent a new WSS                  Another study indicates that conditionality
strategy and a new wave in the promotion             prevents governments from making up
of privatisation. In addition, the strategy is       their own minds about privatisation.
important due to its role as a coordination          Looking at conditionalities attached to
strategy implemented by key institutions,            water supply and sanitation reform across
such       as  the    World      Bank    (see        countries,    one       can     see     many
http://www.forumfor.no/?id=1421 for an               commonalities: legislative reforms to
analysis of the report).                             enable provision of water supply and
                                                     sanitation services by others than the
The World Water Council published the                central government; increased cost
follow-up of the Camdessus Report,                   recovery; regulatory reforms to improve
named the Gurria Report in March 2006                regulators’ ability to monitor contracts; and
(WPFWI 2006)2. Stressing the need for                leasing service provision or management
decentralized water provision, demand-               contracts to the private sector in urban
responsive approaches and full cost                  areas (Water Aid, 2003).
recovery, the report still embraces private
sector participation and public-private              2.1.4 World Bank partnerships
partnerships.                                        The World Bank takes part in and
                                                     organises a network of actors with differing
2.1.3 PRSPs and continuing conditionality            roles: forums, lobby organisations, think
The     most      comprehensive     strategy         tanks and partnerships with other
framework, developed by the World Bank               international donors. The purpose is to
and supported by almost all bilateral                provide “advice” on water reform and
donors, is the Poverty Reduction Strategy            create good investment climates. The
Papers (PRSPs). As mentioned in chapter              different institutions and programmes are
1, these papers have substantial impact              typically created by the World Bank in
on a country’s development policy. A                 partnership with at least one other donor,
review of 50 PRSPs provides clear                    and most include funding for increasing
evidence of a continuing bias towards                private sector provision in water supply
water privatisation (World Development               and sanitation. For an overview of these
Movement 2005b). According to the                    institutions and funds, see box 2.1.
findings of this review, nearly two-thirds of
the PRSPs specifically include water                 The      numerous      partnerships     and
privatisation or greater private sector              organisations, some more important than
involvement in water supply services.                others, are key players, supplying finance
None include a review of such privatisation          and advice for the promotion of water
policies and not a single strategy paper             privatisation (Royeen 2002). Although
has, as a goal, to keep water and                    many of the institutions appear to be
sanitation under public management. This             neutral, aiming to promote dialogue
outcome is not surprising, considering the           between stakeholders, they are in reality
fact that the World Bank Private Sector              biased towards water privatisation. The
                                                     World Bank’s involvement in these
1                  rd
  Prepared for the 3 World Water Forum in Kyoto,     strategic partnerships provides legitimacy
2003.                                                to multinational corporations (Ibid), whose
2
  Prepared for the 4th World Water Forum in Mexico
City, 2006.



14
involvement we will return to in section           2.5.3.



                 Box 2.1: Multi-donor initiatives involving the World Bank

Business Partners for Development (BPD)
Initiated by the World Bank, BPD acts as an industry promoter of privatisation. It supports and
finances private sector initiatives in infrastructure and water supply and sanitation. This
includes loans to private companies and currency guarantees to reduce the risks of local
currency fluctuations when financing infrastructure.

Global Partnership on Output Based Aid (GPOBA)
This was created by the World Bank and the UK in 2003 and provides subsidies to private
suppliers that provide infrastructure services, specifically enabling provision to the poor.1

Global Water Partnership (GWP)
Created in 1996, with strong support from the World Bank, this has been a leading advocate
of private sector management in water supply and sanitation. This is also one of its main tools
for improving services.

Private Infrastructure Development Group (PIDG)
The World Bank donates to the fund, which exists to support and finance private sector
initiatives in infrastructure and water and sanitation, such as loans to private companies and
currency guarantees to reduce the risks of local currency fluctuations when financing
infrastructure.

Public Private Infrastructure Advisory Facility (PPIAF)
This is hosted by the World Bank and is the main multi-donor facility funding consultants that
advise governments on introducing the private sector into infrastructures such as water
supply and sanitation.

Water and Sanitation Program (WSP)
The program is administered by the World Bank and receives direct funding from, amongst
others, Norway. Contributions are channelled through trust funds1 such as the Norwegian
Trust Fund for Private Sector and Infrastructure (NTF-PSI)1. This funding covers management
and staff costs, operational expenses, and hired consultants.

Water Utility Partnership (WUP)
This is funded by the World Bank with the main goal of creating an enabling environment for
the water sector reform. It promotes “Private Public Partnership” as a tool to improve access
to financing and the management of water and wastewater services.

World Water Council (WWC)
A water policy think-tank established in 1996 as part of recommendations by the World Bank,
promoting, amongst other things, closer ties between public authorities and the private sector.

Source: World Development Movement (2005a)


2.2 Regional Development Banks                     2.2.1 The Asian Development Bank (ADB)
In addition to the World Bank and its              In Asia, water resources are under serious
related multi-donor initiatives, all three         pressure. Freshwater investments are
regional development banks, in Asia,               amongst the lowest in the world, and yet
Africa and Latin America, have policies            over the next 15 years it is estimated that
that facilitate and encourage privatisation.       one billion more people will have to share
                                                   Asia’s limited water supplies. Today, one
                                                   in three Asians lack access to a safe
                                                   drinking water source, affecting 700 million




                                                                                            15
people in rural areas and more than 90         weeks to table the bill in Parliament;
million in the cities.                         otherwise, the loan would be cancelled.

In October 2001, the Asian Development         A comprehensive implementation review
Bank (ADB) set out its vision for integrated   of the ADB Water Policy got underway in
water management in the region.                June     2005.    Combining      in-country
Describing water as “a socially vital          consultation workshops and regional
economic good,” (ADB nd/a), the ADB’s          workshops, the review will assess
“Water for All” policy focuses on seven        progress and the need for policy revisions.
principal elements, one of which is the
improvement and expansion of the               2.2.2 The African Development Bank
delivery of water services (ADB nd/b).         (AfDB)
                                               According to AfDB, the development of
ADB clearly believes that service              Africa’s water resources is one of its key
expansion can best happen with private         objectives. AfDB has been involved in a
actors. According to its water policy,         variety of initiatives to help meet the
“governments should change their role          challenge of providing safe water and
from service provider to regulator.            sanitation to the roughly 300 million
Autonomous and accountable providers           people, predominantly in rural areas, who
can best provide water services.” (ADB         currently lack access.
nd/b). The policy goes on to say that ADB
“will support the enabling environment for     The Rural Water Supply and Sanitation
private participation in the water sector,     Initiative (RWSSI) is an AfDB initiative
and help to develop the safeguards that        aimed at providing water supply and
ensure equitable access for the poor.”         sanitation to 80% of the rural population of
(Ibid). Further, “consumers should expect      Africa by 2015, and 100% by 2025. The
to meet the full operating and maintenance     first International Donors’ Conference for
costs of water facilities and service          this initiative was held in April 2005.
provision in urban and rural water supply
and sanitation schemes.” (ADB nd/c).           The African Water Facility (AWF) is a
                                               special water fund managed by AfDB
The ADB water policy regards subsidies         which aims “to improve the enabling
as a controversial issue. Subsidies will be    environment      and      strengthen    water
supported in certain circumstances, such       resources management so as to attract
as when “a limited quantity of treated         massive investments necessary to achieve
water for the poor is regarded as a basic      the regional objectives” (AfDB nd/a).
human need,” but, in the long term,            Canada, the EU and France already
“governments and regulatory agencies will      support the AWF, while the Nordic
be persuaded to phase out subsidies as         countries and Japan have signalled their
economic conditions improve.” (ADB nd/c).      intention to support the initiative. The AWF
                                               hopes to raise over US$600 million for
ADB has not been loath to use its              “facilitation   activities”    and     capital
influence to push through policy reforms at    investments.
the national level, in spite of public
opposition. In Sri Lanka, ADB agreed to        Other initiatives, in which AfDB is actively
finance a major programme of water             involved, include the NEPAD Water
infrastructure development on condition        Resources Management Program and the
that the private sector was brought in to      Netherlands-backed Water Partnership
provide the services. ADB’s eagerness to       Program.
see water services privatised became
even more apparent in the wake of the          As pointed out in chapter 1, the public
December 2004 tsunami. Despite the             sector is not regarded as sufficient to meet
extensive destruction wrought by the           investment needs in the water sector.
tsunami, the ADB insisted that previous        According to AfDB, it is essential to
deadlines for privatisation reforms be kept.   mobilise the private sector at both local
Just four days after the tsunami struck, a     and      international  levels    to    meet
draft bill to legalise water privatisation     investments needs estimated at US$20
received Cabinet approval. (MONLAR             billion per annum, to reach RWSSI targets
2005). Thereafter, Sri Lanka had only 10       (AfDB 2000).




16
AfDB further supports the full or partial      international private sector is seen as the
transfer of water resource development         panacea.
and management to “restructured public
agencies, private agencies or water user       A recent review of the IADB water and
associations.”   (AfDB   2000).   These        sanitation portfolio from 1996 to 2003
institutions should be “accountable and        yielded the following conclusions (Public
autonomous” (Ibid), echoing the words of       Citizen nd):
the Asian Development Bank.                    •    Some of the largest IADB loans went
                                                    directly to water multinationals after
On subsidies, however, AfDB contrasts               they were granted private concessions
with ADB. While recognising that                    in Argentina, Bolivia and Honduras.
experience with direct subsidies on water      •    A large number of IADB loans require
has been mixed, the AfDB advocates the              states, provinces or municipalities to
introduction of cross-subsidisation:                open their doors to private sector
                                                    participation in order to be eligible for
“One effective way of assisting the poor is         IADB loans.
the introduction of cross-subsidisation, in    •    A large proportion of IADB loans
which richer consumers cover a part of the          promote so-called reform of the water
cost of providing services to the poor. This        and sanitation sector that is based on
can be done by introducing a progressive            changing legal and institutional
block tariff schedule, in which a low price         arrangements so that private sector
is charged for a limited lifeline amount of         investment in the water and sanitation
water, with higher prices for additional            sector will be secure and profitable.
levels of consumption”. (AfDB 2000).
                                               An example of the latter is the recent loan
Another favoured strategy is “transfer         agreement between the Nicaraguan
pricing” between urban and rural water         government and IADB. The agreement
supply, with a special levy on urban           seeks to facilitate water privatisation in the
households and industries to subsidise the     long term, but also requires that the
cost of developing rural water supply and      contract is awarded to an international
sanitation.                                    service provider. Increasingly, IADB
                                               conditions for loans do not require
AfDB explicitly seeks to “facilitate private   privatisation explicitly, but rather “prepare
participation and implementation of cost       the ground” for privatisation.
recovery measures, without jeopardising
access by the poor.” (AfDB 2000).
                                               2.3 Donor agencies
2.2.3 The Inter-American Development
Bank (IADB)                                    2.3.1 European Union
For the last decade IADB has been the          The European Union (EU) has openly
largest multilateral lender of development     advocated privatisation of water services
finance for Latin America and the              in developing countries. At the World
Caribbean. This gives the institution          Summit on Sustainable Development in
tremendous power to impose lending             Johannesburg in September 2002, it
conditions such as privatisation and           launched the EU Water Initiative. This set
deregulation. Since its creation, IADB has     out to channel €1.4 billion from various EU
been active in the water sector,               development aid funds into public-private
predominantly financing projects in            partnerships in Africa, the former Soviet
sanitation, hydropower, and irrigation and     Union, and later Latin America (CEO
drainage, but also in other areas such as      2003).
watershed management, flood control and
waterway projects. Since 1961, IADB has        This was followed by the launch of a € 500
invested almost US$1 billion per year in       million Water Facility for the 77 African,
water-related projects, and this trend is      Caribbean and Pacific (ACP) states in
expected to increase in the near future        2004, again intended to provide public
(www.iadb.org).      IADB’s    Water   and     finance   to    companies     looking   at
Sanitation programme commits the               developing markets in the water sector.
institution to achieving the Millennium
goals, which means providing services to       Under the GATS negotiations underway in
70 million new users. Involvement by the       the WTO (see section 2.5.2), the EU is



                                                                                          17
trying to use access to European                  companies and conditionalities on bilateral
agricultural markets as a carrot to get           aid. The UK aid agency DFID promised
developing and least developed countries          £10 million to Ghana to fund a water
(LDCs) to open up their water distribution        expansion project, but on condition that
markets. The European Union has                   the country’s main privatisation process
requested 72 countries to open up their           went ahead.
water sectors to European service
providers. Although private companies             Finally, governments push privatisation
currently run only 5-10% of the world’s           through       conditionalities    on   the
water, 95% of that is in the hands of             international arena, as mentioned in the
European companies (PSIRU nd).                    previous chapter. Increased use of
                                                  multilateral mechanisms and greater donor
2.3.2 Bilateral agencies                          coordination     has     reinforced  policy
A recently published report by the World          conditionalities set by the IMF and the
Development Movement points to four               World Bank.
ways in which donor governments promote
water privatisation (World Development            Another     means      by    which     donor
Movement 2005a).                                  governments advance private sector
                                                  participation in public services is through
First, more and more governments are              support      to     various     institutions,
using aid money to pay for consultancy            programmes and trust funds, often within
companies to advise poor countries on             the World Bank, that promote private
reform of their water sectors. Companies,         sector investments. One example of this is
such as the Adam Smith Institute and              the Emerging Africa Infrastructure Fund
PricewaterhouseCoopers, are providing             (EAIF), set up with the help of the British
expensive advice on how to make the               government in 2002, which aims to
water sector more attractive to foreign           promote private sector investment in
companies. While governments appear to            infrastructure in Africa. The fund is
choose privatisation as the best option,          managed        by     Emerging      Markets
this is often on the basis of strong advice       Partnership, a fund manager based in the
from consultancies with a heavy bias in           United States. Funding decisions are
favour of privatisation. This is a way of         made without the involvement of national
introducing privatisation through the             governments (PSIRU 2004).
backdoor.

Second, public relations offensives have          2.4 Norway in the spotlight
been funded with aid money in order to
convince sceptical local communities that         2.4.1 Water in Norwegian development
privatisation is in their best interests:         policy
                                                  The 2004 White Paper on development
“..-Should we believe in waiting for grace        policy identifies three main challenges for
to come down to us from above and we              the water sector (St.Meld. 35 2004):
are all adults? -We still have our country        • the need to build up capacity to
and it is at a standstill. -The children are          manage water resources;
singing -- saying that Tanzania is a
                                                  • the enormous need for development
beautiful country full of natural resources
                                                      financing in the water sector;
and yet our developments are nothing! -If
                                                  • and the need to prioritise the poor.
there's no capital we will die of starvation! -
And there are people with capital in the
                                                  In discussion of these challenges, the role
world and these are plenty! -It's better that
                                                  and need for private investment is always
we call them and benefit. How many
                                                  present. This reflects one of the key
people have died and yet they were
                                                  elements of Norwegian development
unable to enrich themselves of their
                                                  policy, namely support for private sector
country?”
                                                  development. In 1998, the Norwegian
           “We need money” sung by Ebbo
                                                  government presented a strategy to the
     (Tanzania), co-written and produced by
                                                  Storting (Parliament) for support for private
 the Adam Smith Institute (World Bank nd).
                                                  sector    development       in   developing
                                                  countries (Norwegian gvt 1998).
Third, governments promote privatisation
through subsidies to private water



18
Other important traits in Norwegian              2.4.3 Disharmony between policy and
development policy include the need to           practice?
safeguard the rights of the poor and to          Norway’s recent withdrawal of demands to
ensure that recipient countries dictate the      developing countries to open up their
shape of their own future. Development           water sectors to market access is in line
assistance should be responsive to               with its stated support for cross-subsidies
countries’ own plans, rather than imposed.       and alternative pricing mechanisms. GATS
                                                 rules     prohibit    subsidising   poorer
2.4.2 Norway’s position on water                 communities with profits from wealthier
privatisation                                    areas.
In October 2005, the newly elected
government of Norway declared that               But, while Norwegian development policy
“Norwegian aid should not go to                  insists on the need to safeguard the rights
programmes that contain requirements for         of the poor and appears to be increasingly
liberalisation     and         privatisation.”   sceptical towards privatisation, Norway
(Norwegian gvt 2005). It followed this up in     continues to provide substantial financial
December by announcing that Norway               and moral support to institutions and
would withdraw all its requests to               programmes that actively facilitate and
developing     countries,    under     GATS      promote privatisation as a strategy.
negotiations, to open up their water
sectors to market access. The government         In addition to its general support for the
argued that these demands could be seen          funding activities of the World Bank and
as a potential barrier to countries’             the regional development banks, Norway
managing their public services (Støre            contributed, in 2002, to the establishment
2005).                                           of a Norwegian Trust Fund for Private
                                                 Sector Infrastructure (see box). Norway
While not ruling out privatisation               has helped to finance the Water and
completely, this bolder approach indicates       Sanitation        Programme         (WSP),
a greater scepticism to privatisation and        administered by the World Bank, and has
goes beyond the line adopted by the              indicated its intention to contribute €1.5
previous          government,         which      million per annum for 3 years to the
acknowledged the role of the private             African Water Facility (AWF) of the African
sector, while also emphasising the need          Development Bank. Norway also supports
for proper government controls and               both the Global Water Partnership (GWP)
protection of the rights of the poor.            and the Water Supply and Sanitation
                                                 Collaborative Council (WSSCC).
In March 2003, then former Minister for
International Development, Hilde Frafjord        Thus, a disharmony exists between official
Johnson, explained:                              Norwegian development policy, with its
                                                 stated goals of safeguarding the rights of
If government sets the right priorities and      the poor and finding new ways to
regulatory frameworks with regard to             subsidise their water needs, and the reality
accessibility, pricing and sustainability, the   of its support to international institutions
question of private versus public need not       that choose to work differently. The
be the most important.” (Johnson 2003).          benefits of such an approach are not lost
                                                 on the authors of the 2004 White Paper:
The minister called for the consideration of
“new and different ways of subsidising the       Infrastructure with a view to improving
water needs of the poor” and put forward         services in poor countries and regions will
price-differentiated systems as “one of the      continue to have priority in Norwegian
answers”. In this case, the better off and       policy for private sector development. As
industry would have to pay more for              the level of private financing increases and
services, while the poor would pay               infrastructure measures are carried out,
considerably less. Interestingly, she            particularly in cooperation with the
acknowledged that water privatisation in         multilateral       development        banks,
Norway would provoke strong protests;            international and Norwegian business and
yet, in a development context, it was            industry will increasingly be involved in this
necessary to look at the question from           work. This can also open new doors for
different angles.                                Norwegian companies.” (St.Meld. 35 2004)




                                                                                            19
Public water utilities are blamed for poor
Box 2.2: Norwegian development funds          management practice and inefficiencies.
                                              The need to reform urban water and
NORFUND                                       sanitation is stated. Financing the reform
The Norwegian Investment Fund for             and operation of water supply and
Developing Countries (NORFUND), set up        sanitation infrastructure must, according to
in 1997, aims to promote private sector       this report, mobilise private capital and
development in developing countries by        management expertise. It concludes that:
providing venture capital and expertise to    “private       capital     through       the
new and existing companies. In 2004           commercialisation or privatisation of water
NORFUND managed capital totalling             supply services can work well.”
around NOK 2.4 billion.
                                              At the same time, the paper points out that
NORFUND is involved in both direct            the outcome depends on monopolies not
investments and local investment funds. A     being abused. Another concern is that
review of NORFUNDs direct investment          “liberalising markets without effective
portfolio    shows   no     evidence     of   regulatory systems can lead to major
involvement in the water sector. The Africa   problems. Of particular concern is the
Infrastructure Fund (AIF), however,           tendency for private service providers to
explicitly invests in the water and           focus on the wealthier areas, best able to
sanitation sector.                            afford their services, while neglecting
More information: www.norfund.no              lower-income areas.” Furthermore cost-
                                              recovery is seen as important in reforming
Norwegian Trust Fund for Private              tariff structures to enable self-financing
Sector and Infrastructure (NTF-PSI)           systems that are commercially viable.
Norway contributed, in 2002, to the           Many poor households are supposed to be
establishment of a separate Norwegian         able to pay full cost-recovery. To ensure
fund in the World Bank/IFC for support for    that the poorest can afford water, the use
the private sector and infrastructure. This   of tariffs with a low price per unit volume of
fund aims to improve “framework               water to a certain consumption level and
conditions for private sector development     low cost options should be considered.
in developing countries.”                     Consequently, such moderation partly
                                              recognises the social drawbacks of a hard
A key objective of the fund is “to ensure     line price policy. The DAC advises
that high priority Norwegian policies in      member countries and monitors policies in
areas such as improving governance,           different areas, but does not explicitly
strengthening investment climates and         promote the privatisation of public services
infrastructure services for impoverished      (PSIRU 2004).
groups are better integrated into the World
Bank’s overall efforts to strengthen the      2.5.2 General Agreement on Trade in
private sector”.                              Services (GATS)
                                              When the World Trade Organisation
As of 2004, Norway had channelled NOK         (WTO) was set up in 1995, it subsumed
110 million into the fund, with half of the   the General Agreement on Tariffs and
funds earmarked for African countries.        Trade (GATT), a multilateral trading
                                              system governing trade in goods that had
                                              existed since 1947. Two new trading
                                              agreements,        TRIPS3,      governing
2.5 Other reinforcing structures and          intellectual property rights, and GATS,
institutions                                  governing trade in services, were also
                                              introduced.
2.5.1 OECD
                                              The GATS agreement commits WTO
The OECD’s Development Advisory
                                              members to liberalise trade in services
Committee (DAC) advises member
                                              progressively. Since January 2000,
countries and monitors policies. A 2003
                                              services have been the subject of
paper entitled “Supporting Development of
                                              multilateral trade negotiations.
Water and Sanitation Services in
developing Countries” by the Development
Co-operation Directorate states that DAC
members support water privatisation.          3
                                                  Trade-Related Intellectual Property Rights



20
Under negotiations on GATS, countries         France stood out as the only major country
can request other countries to open up        where private sector provision of water
particular sectors for market access. Once    had been a norm for a long time. The
a country agrees to market access, it can     French companies therefore had a clear
no longer support alternative models of       advantage in terms of size and capital
service delivery, such as non-profit          resources      when      the   fashion for
schemes, even though these may be             privatisation started in the 1980s.
better suited to meeting the needs of the
poor.                                         Comfortably secure in their home-market
                                              dominance, the water corporations, with
Subsidising poorer communities with           substantial support from government and
profits from wealthier areas would also be    extensive     political  contacts,    have
in breach of GATS rules. Governments          expanded their operations worldwide.
would lose the ability to cross-subsidise,    Ondeo now controls water services in 130
while foreign companies would not be          countries on five continents and has about
obliged to service areas offering poor        115 million customers. Veolia has 110
financial prospects.                          million customers in more than 100
                                              countries. Bernard Maris, professor of
Furthermore, when a country has opened        economics at the University of Paris VIII
its water sector to foreign companies         writes:
under GATS, it is virtually impossible to
reverse the decision. After 3 years, a        ”The behaviour of French companies
process can be initiated which involves       abroad is that of conquerors, and spelt out
providing compensation in the form of         the hypocrisy of Western free-trade policy
market access in another sector. However,     agenda. At the same time, they have
this has to be approved by all other WTO      enjoyed a century of protectionism, and
members who are affected (World               their home market continues today to be
Development Movement 2004).                   closed to foreign competitors."

GATS has been described by the                2.5.4 Consultants
European Commission as “first and             In line with the approach espoused by the
foremost an instrument of business.”          Camdessus report, the interests of a new
Despite claims by WTO that “great efforts     type of company have been legitimised,
are made to publicise what takes place in     namely consultancies. Aid money is used
negotiations” and that “the texts of all      to hire advisers on WSS reform, including
decisions and the proposals made by           the preparation and structuring of projects
Governments are available to the public”      in the privatisation process, covering the
(WTO 2001), it is difficult to gain a clear   legal, financial and technical aspects, but
picture of negotiations.                      also the tendering and negotiating phases.
                                              Advisers, such as Pricewaterhouse-
2.5.3 Multinational corporations              Coopers, have a vested interest in
Multinational corporations are also vital     promoting the idea that public services
actors in the emergence of the water          need to be privatised, rather than focusing
privatisation trend. The privatised section   on the limitations of privatisation.
of the water industry is dominated by a
very small number of companies. Three of      With the World Bank-promoted shift from
the four top water companies in the world     public to corporate service provision and
are French, namely Ondeo (formerly            multinationals giving advice on the
Suez), Veolia (formerly Vivendi) and          process of privatisation, there is a clear
SAUR. Because the private sector played       democratic deficit. Space for civil society
a minimal role in water supply and            to provide inputs is limited, allowing profit
sanitation worldwide until the late 1980s,    motives to decide the fate of water issues.




                                                                                        21
3. EXPERIENCES FROM WATER PRIVATISATION IN THE SOUTH
In this chapter, we have selected various case      Germany's Gauff Ingenieure and a local
studies in which water management has been          investor, Superdoll Trailer Manufacturers
privatised. The degree of privatisation varies in   Limited. The $140m World Bank-funded
each case, ranging from almost full                 privatisation scheme was one of the most
privatisation to partial commercialisation of       ambitious in Africa and was intended to be a
public utilities.                                   model for how the world’s poorest communities
                                                    could be lifted out of poverty and ill health.
The case studies in this chapter are mainly
related to concessions and management               However, the model has been short on results,
contracts (see box 1.3 in chapter 1). Some of       both in terms of poverty alleviation and
the cases have been initiated and financed          achieving “water for all”. In fact the UK water
locally or by government, but the majority of       company Biwater has been accused of making
the cases presented here have received              less then half the required investment and
financing from the World Bank.                      failing to improve services and water quality for
                                                    millions of inhabitants in the city of Dar es
Examples of service contracts are also              Salaam.
included, and at the end of the chapter,
examples of small-scale community-controlled        According to the Tanzanian government, City
projects are provided to illustrate the fact that   Water should have invested US$ 8.5 million
some types of provision involving private           during the first two years of operation, but
participation can work.                             invested only US $4.1 million. Along with
                                                    persistent complaints by city residents over
The case studies demonstrate the forces             poor water delivery and the incompetence of
behind water privatisation and the main             the firm, the Tanzanian government decided to
reasons why water privatisation has generally       cancel its concession deal with Biwater in May
failed. They also illustrate the contradiction      2005.
between the pro-privatisation agenda of the
international financial institutions and the
actual implications of these policies for           “The water supply services in Dar es Salaam,
developing countries.                               Tanzania and in the neighbouring places have
                                                     deteriorated rather than improved since this
The cases raise the question of what options             firm took over some two years ago.“
are available to make the necessary
improvements to achieve the Millennium               Tanzania's water minister Edward Lowassa
Development Goals. There is no ultimate                               (2005)
solution to the world’s water and sanitation
problems, but almost all the case studies
presented in this report indicate the need to       The collapse of the contract throws into
look for other ways to provide water and            question the role of water multinationals in
sanitation than through privatisation and           providing water in poor countries in the South.
commercialisation.                                  Water companies are to an increasing extent
                                                    becoming wary of taking on contracts in
3.1 Dar es Salaam, Tanzania                         developing countries, because of political
From 1996 to 1999, privatisation of Dar es          uncertainties and because poor countries have
Salaam's water was a condition of the IMF's         learned to negotiate better deals. City Water
Enhanced Structural Adjustment Facility and,        admitted that it stood to make little money out
from 2000 to 2003, it was a condition of an IMF     of the water scheme. “There is no way we can
Poverty Reduction and Growth Facility.              make super-profits in Dare es Salaam,” said
Continued restructuring and privatisation of        Cliff Stone, the British chief executive of City
public utilities was part of Tanzania’s             Water, to the Guardian newspaper. “We have
conditions for getting debt relief under the        been losing money. The plan was to use this
Heavily Indebted Poor Countries initiative. In      as a model for other projects and recoup
August 2003, the Government of Tanzania             money later on.” Clearly the model failed.
awarded the contract to run the water supply of
Dar es Salaam (population: 3.5 million) to City     Biwater is     attempting to       pursue    the
Water, a joint venture of Biwater International,    Government     of Tanzania        through    the



22
international courts (see box 3.1). The                  own pocket and the people of Tanzania will be
Government of Tanzania risks paying a huge               punished for a failed policy, which they did not
compensation fee to the company out of its               ask for in the first place.



                Box 3.1 UK water company to sue one of world’s poorest countries

Campaigners have condemned the UK Water company Biwater for suing Tanzania, one of the poorest
countries in the world. Earlier in 2005 the Tanzanian Government kicked Biwater out, just two years
into a $102 million ten year water privatisation contract, on the grounds that Biwater had failed to make
even half the required investment or improve services in the Tanzania’s biggest city Dar es Salaam.

“This is an absolute disgrace, Tanzania is one of the poorest countries in the world, and now
Tanzanian citizens are being punished for being the victims of a failed policy which they did not want.
The privatisation, a condition of debt relief, seriously lacked legitimacy. Biwater failed to deliver, with
people on the ground reporting that water delivery was getting worse in many areas, with empty taps
and Biwater’s use of bullying tactics which resulted in mass disconnections.
                Benedict Southworth, Director of the World Development Movement (WDM)

“We are in full support of our government in cancelling the Biwater contract and we think it is very
unfair of Biwater to sue our government because the burden of paying for this legal case will fall on the
people of Tanzania. We are going to start up a campaign to oppose the privatisation of water supplies
in our country and for an end to this legal case against us.”
                Andrew Mushi, Tanzania Association of Non-Governmental Organisations

          Source: World Development Movement newsletter Dec 1st 2005, www.wdm.org.uk




                         Photo: Sigurd Jorde, The Norwegian Council for Africa


                                                                                                       23
3.2 Accra, Ghana
Due to low access to clean water in Ghana,           Over the period from 1973 to 1998, the IDA
water supply and sanitation plays a key role in      invested US$152.4 million to improve Ghana’s
the Ghana Poverty Reduction Strategy (GPRS           urban water supply infrastructure. The results
2003). According to the GPRS, privatisation          from this have, according to the World Bank
plays a major part in the achievement of water       (2004e), been disappointing. The National
access for all. Privatisation opponents in           Coalition Against Water Privatisation (CAP)
Ghana say the privatisation focus in the GPRS        said the reason was that the private companies
results from a government and donor position,        involved in the capacity building (Thames
which is strongly guided and influenced by the       Water, Biwater and SOGEA) were not
World Bank’s framework for poverty reduction         delivering the services they were supposed to
(Adam 2006).                                         deliver (Adam 2006). The urban water sector
                                                     remains in a poor condition. Continuing with
Full cost recovery in the water and sanitation       the public sector only was not recommended
sector (among other sectors) is routinely            and the World Bank and other donors rejected
included in loan conditionality. This implies that   the public option. Other models, such as
ordinary people, who are users of the services,      public-public partnership, seem not to have
have to cover the costs of the service by            been considered.
themselves, including infrastructure, operation
and maintenance, and sometimes even the              3.2.2 Ghana Water Company Limited and
water company’s debt. In March 2002, the IMF         Public Private Partnership
made it clear that Ghana would only be given a       The Government of Ghana has undertaken
Poverty Reduction and Growth Facility Loan if        several key initiatives related to the urban
the Ghanaian government approved full cost           water and sanitation sector. In 1996, the
recovery in all sectors, including the water         government, in consultation with a wide range
sector (IMF 2002).                                   of stakeholders (World Bank 2004d), started to
                                                     explore the option of public-private partnership
3.2.1 World Bank involvement in Ghana                (PPP) arrangements for the urban water
Three previous urban water projects in Ghana,        sector.
funded by the World Bank’s International
Development Association (IDA), provide               In 1999, GWCL was incorporated as a public,
specific lessons for the country (World Bank         limited liability company. The company
2004). According to World Bank experiences, a        assumed responsibility for a large amount of
properly designed Private Sector Participation       urban potable water supply systems. Under the
contract in the water sector can make a              privatisation process, these were reclassified
significant difference in utility sustainability     into larger systems and put in two business
(World Bank 2004:5). This is contested by            units, leased out for 10 to 25 years. A main
NGOs, both Ghanaian and others. At the same          argument in support of the privatisation of
time, the World Bank warns that it is important      GWCL was that there would be more money
that the expectations raised around a potential      for the utility.
Private Sector Participation (PSP) intervention
are realistic. Governments and others should         3.2.3 The urban water project in Accra
see PSP as a process or tool to accomplish           A few weeks after the decision to accept an
specific objectives, and not as a panacea to         IDA loan of US$103 million, the Ghanaian
rectify years of neglect and poor management         government signed the Ghana Urban Water
(World Bank 2004a).                                  Project in Accra. The total cost is estimated to
                                                     be US$120 million. The Ghanaian government
The World Bank (2004e) claims that other             is to pay US$12 million, and the Nordic
options were considered, while NGOs in               Development Fund (NDF) US$5 million. NDF
Ghana claim that there was no public input in        will support the rehabilitation of existing dams
the process and that only consultants and            and weirs. The aim of the project is to provide
“experts” were asked to provide inputs. Public-      clean water at a price which is affordable for
private partnership was unsurprisingly chosen        the urban poor. (Fact-Finding Mission 2002).
as the best option. For the Ghana urban water        But already, people have been disconnected
project, a public versus private management          and dragged to court for not settling their bills
regime was examined and, once a private              (Adam 2006).
sector option was decided, two different PSP
interventions were considered.



24
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?
Public private partnerships - Do they deliver to the poor?

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Public private partnerships - Do they deliver to the poor?

  • 1. Privatisation of water Public-private partnerships: do they deliver to the poor? A report published by The Norwegian Forum for Environment and Development April 2006 1
  • 2. This report is published by the ForUM working group on fresh water: Norwegian Church Aid (NCA) The Association for International Water and Forest Studies (FIVAS) The Norwegian Development Fund Women's International League for Peace and Freedom (WILPF) The Norwegian Water Movement Oslo, April 1st, 2006 (no joke) Front page: Collection of water is often a job for women and children, and can consume a lot of time and energy which could have been spent on schooling and other activities. Photo: Ellen Birgitte Strømø, the Norwegian Development Fund. Written by Jørgen Magdahl, The Norwegian Development Fund’s Youth (Spire) / Member of the Association for International Water Studies (FIVAS) Hege Sørreimd, The Norwegian Development Fund’s Youth (Spire) Elise Christensen, The Norwegian Development Fund / Board member of the Association for International Water Studies (FIVAS) Andrew Preston, The Association for International Water Studies (FIVAS) Terje Kronen, The Norwegian Forum for Environment and Development Øystein Berg, The Norwegian Forum for Environment and Development 2
  • 3. TABLE OF CONTENTS EXECUTIVE SUMMARY......................................................................................................................... 5 INTRODUCTION ..................................................................................................................................... 6 1. PRIVATISATION AND WATER.......................................................................................................... 7 1.1 The advent of privatisation ........................................................................................................ 7 1.2 Privatisation of water and sanitation –policy rationale........................................................... 8 1.3 Trends in privatisation of water supply and sanitation .......................................................... 9 1.4 Various types of water privatisation ....................................................................................... 10 2. PRIVATISATION OF WATER SERVICES – ACTORS AND INTERNATIONAL POLICY FRAMEWORK ...................................................................................................................................... 12 2.1 The World Bank......................................................................................................................... 12 2.1.1 Post-2003: less dogmatic, more pragmatic? ....................................................................... 12 2.1.2 Continuing pro-privatisation bias in World Bank strategies and practices .......................... 13 2.1.3 PRSPs and continuing conditionality ................................................................................... 14 2.1.4 World Bank partnerships ..................................................................................................... 14 2.2 Regional Development Banks ................................................................................................. 15 2.2.1 The Asian Development Bank (ADB) .................................................................................. 15 2.2.2 The African Development Bank (AfDB) ............................................................................... 16 2.2.3 The Inter-American Development Bank (IADB)................................................................... 17 2.3 Donor agencies ......................................................................................................................... 17 2.3.1 European Union ................................................................................................................... 17 2.3.2 Bilateral agencies ................................................................................................................ 18 2.4 Norway in the spotlight ............................................................................................................ 18 2.4.1 Water in Norwegian development policy ............................................................................. 18 2.4.2 Norway’s position on water privatisation ............................................................................. 19 2.4.3 Disharmony between policy and practice? .......................................................................... 19 2.5 Other reinforcing structures and institutions ........................................................................ 20 2.5.1 OECD................................................................................................................................... 20 2.5.2 General Agreement on Trade in Services (GATS) .............................................................. 20 2.5.3 Multinational corporations.................................................................................................... 21 2.5.4 Consultants .......................................................................................................................... 21 3. EXPERIENCES FROM WATER PRIVATISATION IN THE SOUTH................................................ 22 3.1 Dar es Salaam, Tanzania .......................................................................................................... 22 3.2 Accra, Ghana ............................................................................................................................. 24 3.2.1 World Bank involvement in Ghana ...................................................................................... 24 3.2.2 Ghana Water Company Limited and Public Private Partnership......................................... 24 3.2.3 The urban water project in Accra......................................................................................... 24 3.2.4 The Price of Water............................................................................................................... 25 3.2.5 The National Coalition Against Water Privatisation ............................................................. 25 3.2.6 Critique of the privatisation of GWCL .................................................................................. 25 3.3 South Africa ............................................................................................................................... 26 3.3.1 Government policy – a neoliberal success? ........................................................................ 26 3.3.2 An alternative approach: Public-public partnership ............................................................. 27 3.4 Manila, the Phillippines ............................................................................................................ 28 3.4.1 High expectations ................................................................................................................ 28 3.4.2 Unfulfilled promises ............................................................................................................. 28 3.4.3 Cholera and increased water rates...................................................................................... 28 3.4.4 Ondeo terminates the contract and leaves a huge public debt ........................................... 29 3.5 Buenos Aires, Argentina .......................................................................................................... 29 3.5.1 Water privatisation as the only solution ............................................................................... 30 3.5.2 Renegotiation and cherry-picking ........................................................................................ 30 3.5.3 Lack of regulation and failed promises ................................................................................ 30 3.5.4 Public resistance and lay-offs .............................................................................................. 31 3.5.5 Compensation for risky business......................................................................................... 31 3
  • 4. 3.6 Cochabamba, Bolivia................................................................................................................ 32 3.6.1 What next? After the Water War.......................................................................................... 32 3.6.2 Financing ............................................................................................................................. 32 3.7 Kibera Slum, Nairobi, Kenya .................................................................................................... 34 3.7.1 The situation in Kibera ......................................................................................................... 34 3.7.2 Experiences with commercialisation of water and sanitation services ................................ 34 3.8 Uganda ....................................................................................................................................... 35 3.8.1 Reforms of the management ............................................................................................... 35 3.8.2 Enhanced performance from learning ................................................................................. 35 3.9 Olavanna Village, Kerala, India ................................................................................................ 37 3.9.1 The first initiative .................................................................................................................. 37 3.9.2 The success story and learning points ................................................................................ 37 3.10 Case study findings ................................................................................................................ 39 3.10.1 Lack of regulation & democratic accountability ................................................................. 39 3.10.2 Public resistance................................................................................................................ 39 3.10.3 Higher prices...................................................................................................................... 39 3.10.4 Policies in contradiction with experiences ......................................................................... 39 3.10.5 Corporate monopoly and corruption .................................................................................. 39 3.10.6 Cherry picking .................................................................................................................... 39 3.10.7 Public subsidies to pay for corporate risk .......................................................................... 39 3.10.8 Renegotiation..................................................................................................................... 40 4. CONCLUSIONS AND RECOMMENDATIONS ................................................................................ 41 4.1 In general, privatisation has failed .......................................................................................... 41 4.2 Policies ignore experience....................................................................................................... 42 4.3 The way forward........................................................................................................................ 42 4.4 Recommendations .................................................................................................................... 43 4.5 End note to civil society and governments in developing countries:................................. 44 REFERENCES ...................................................................................................................................... 45 4
  • 5. EXECUTIVE SUMMARY Regarding the international financial institutions (World Bank, IMF, etc.): The purpose of this report has been to • ensure that water privatisation is not document and discuss: included as a condition for financial support from the World Bank or any of the 1. How privatisation has been promoted by IFIs; international financial institutions and other • reduce support to institutions, funds and donors as a strategy for financing water partnerships that, without exception, services. support private sector development in the 2. Effects on the poor of different kinds of water sector; privatisation of water services in developing • ensure that governments have the right to countries. subsidise water to secure adequate 3. Policy recommendations for the provision of access for all; water to the poor. • advocate the World Bank’s abandonment The report reviews how the World Bank and of their push for privatisation in all activities other international institutions and donors have and on all levels; promoted privatisation during the last two • cancel the debt of developing countries in decades through privatisation conditionalities order to free public funds for expanding the and a focus on the private sector as the access to water; solution to financing needs in the water and • advocate a World Bank strategy aimed at sanitation sector. The World Bank says it improved public and community-controlled acknowledges the difficulties with privatisation, water delivery. but remains wedded to its belief in the Regarding Norwegian bilateral aid: underlying rationale of private participation and • ensure that recipient countries are not continues to find new ways to encourage forced into privatisation; private investment. • ensure that water privatisation is not made Case studies from Africa, Latin America and a condition of Norwegian multilateral and Asia, show that privatisation involving bilateral aid, loans or debt forgiveness; multinationals often leads to higher prices for • ensure that water supply is affordable for the poor, disconnections and in some cases the poor; cancellation of contracts, leaving water • gain and demonstrate the consent of civil infrastructure in a worse state than before. The society before policies of water reality on the ground contradicts the continued privatisation are promoted, and involve enthusiasm of international institutions and them in questions of regulation and donors for privatisation as a solution to global decision-making; water needs. Alternative forms of water • strengthen transparency, governance and management and provision, for example, local user participation in the water sector, and cooperatives and small-scale community- be open-minded to private ownership or controlled initiatives, provide examples of operations on the community level if the different, more viable solutions. public service does not work; • pay more attention to questions of local- Our conclusions are: level power and politics as well as local- • Water privatisation has failed to deliver to level understandings of water and the poor sanitation issues. • Water privatisation has undermined the human right to water Regarding WTO and GATS negotiations: • Water privatisation has taken place at the • take the position that all countries should expense of democratic principles and with withdraw their requests to developing minimal accountability to local citizens countries about privatisation of services in • Privatisation leads to foreign control and the water sector through the GATS monopoly agreement; • Developing countries have not proven • renegotiate bilateral and regional trade and profitable for multinational companies investment agreements which enable • With strong and competent public private water corporations to claim undue authorities, private actors may have a role “compensation” from public authorities via arbitration cases; Our recommendations to the Norwegian • ensure that governments have the right to government are: subsidise water to secure adequate access for everyone. 5
  • 6. INTRODUCTION Over the past 20-25 years public utilities have donors as a strategy for financing water been seen as failing to provide water services services. in developing countries. In response to this, a 2. Effects on the poor of different kinds of strategy of privatisation within the water and privatisation of water services in sanitation sector has been promoted developing countries. internationally since the 1980s. Private 3. Policy recommendations for the provision companies were considered to be more of water to the poor. efficient than public utilities, and were expected to be able to provide better water services, Chapter 1 provides an overview of how also for people with low incomes. privatisation has been promoted as the solution to the problems of public services Many case studies show that privatisation in delivery in general, and water and sanitation the water sector has negative effects, services in particular. especially in respect of provision of water to the poor. Privatisation of water has, in many Chapter 2 gives an overview of international cases, led to unaffordable tariffs for people actors in the water sector and also looks at with low incomes. Profit-based companies will Norwegian water policies and privatisation. normally only provide water to those they know have the ability to pay. Chapter 3 contains a collection of case studies from around the world illustrating water The purpose of this report is to document and privatisation projects. discuss: Chapter 4 consists of conclusions and policy 1. How privatisation has been promoted by recommendations. international financial institutions and other MDG 7, target 10: “Halve, by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation” www.unmillenniumproject.org 6
  • 7. 1. PRIVATISATION AND WATER In this chapter, we provide an overview of how The IFIs promoted this policy package in privatisation has been promoted as the developing countries in the 1980s and early solution to the problems of both public service 1990s as Structural Adjustment Programs delivery, in general, and water and sanitation (SAPs). In many cases, getting a loan from services, in particular. We also give an either of the two institutions, or even overview of privatisation trends in the water development aid from international donors, sector and discuss the various types of was made conditional on implementing a SAP. privatisation. Hence, many countries adopted these policies and removed state control and price subsidies 1.1 The advent of privatisation from various areas of the national economy. Since the late 1970s and early 1980s, Opening up to privatisation and private privatisation has been put forward as one part investments in public services would reduce of a larger reform package intended to stabilise the need for government spending. economies and create growth. These reforms were based on the rationale in new economic SAPs were heavily criticised for having theory that state planning and expenditure detrimental effects, especially on the poor. were often less efficient than private actors Critics among civil society organisations claim operating in a free market. that many of the policy recommendations, including privatisation, are still being promoted Reforms, such as deregulation, reducing public by the IFIs, through policy frameworks such as expenditure and privatising publicly owned the World Bank’s Poverty Reduction Strategy industries, were recommended by the two Papers (PRSPs) and the IMF’s Poverty most important international financial Reduction Growth Facility (PRGF). The PRSPs institutions (IFIs) - the World Bank and the will be discussed in more detail in section International Monetary Fund (IMF), along with 2.1.3. the U.S. government (Hartwick & Peet 1999). The policy recommendations came to be In recent years, aid has changed in the known as the “Washington Consensus” (box direction of ‘harmonisation’ and ‘globalised 1.1). conditionalities’. Bilateral aid has become less competitive, better coordinated and better targeted. Greater cooperation between bilateral donors has increased the significance Box 1.1: Washington Consensus policy of multilateral programmes, with aid recommendations contributions being channelled in their direction, and increased the coordinated • Privatisation of state enterprises pressure on developing countries. This has led • Deregulation – abolition of regulations that to the reinforcement of policy conditions set by impede entry or restrict competition multilateral institutions. Moreover, decision- • Legal security for property rights making has moved to the international level, • Openness to foreign direct investment further away from democratic accountability, • Fiscal policy discipline but nonetheless still very much open to the • Redirection of public spending toward influence of multinational companies (Hall and education, health and infrastructure Motte 2004). The influence of these companies investment will be discussed further in section 2.5.3. • Tax reform – Flattening the tax curve • Interest rates that are market determined According to the 2003 Human Development and positive Report, privatisation is promoted through • Competitive exchange rates international or bilateral aid, as well as through • Trade liberalisation – replacement of institutions such as the World Trade quantitative restrictions with low and Organisation (WTO): uniform tariffs “The (…) push for private provision [of Source: Hartwick & Peet (1999) services] has come from donor policies advocating economic liberalisation and free markets to advance growth and development. Social services are frontier issues in this move to expand the private sector’s role. In the 7
  • 8. 1990s many donors supported extending and low levels of coverage, the public utilities private provision and financing to social were blamed for “over-engineered” high-cost services, especially urban water supply. The solutions, requiring large government subsidies World Trade Organisation’s General (Asher 1987). In general, a number of closely Agreement on Trade in Services also related reasons have traditionally been seen encourages private entry into social services”. as the failure of the public water supply and sanitation service (see box 1.2). UNDP Human Development Report, 2003 The case for privatisation in the water supply 1.2 Privatisation of water and sanitation – and sanitation sector stems, in part, from a policy rationale belief that the private sector is better placed to The 1980s were declared the “UN International undertake the kinds of investment necessary to Drinking Water Supply and Sanitation expand and rehabilitate water infrastructure. Decade”. The goal was to ensure that This belief has replaced the idea that politics everyone in the world had access to adequate and political processes can provide the water supply and sanitation within a decade, solutions to social problems, instead giving but the goal was far from met. Thus, the neo- room for markets or market-friendly processes. liberal argument behind a pro-privatisation agenda expanding into a new sector was tied In short, the private sector is considered more to an alleged failure of the public sector to effective and better able to provide capital than deliver water in poor countries. governments as a result of competition and the pursuit of self-interest, such as maximising The increase in privatisation has largely been profits. This, in turn, solves social problems by driven by a desperate need for increased providing expanded connections, better quality capital investment in water supply and and prices – also for the poor, according to the sanitation (WSS). theory and the World Bank: Box 1.2: Reasons given for the failure of public water supply and sanitation services Lack of efficiency: public water and sewage utilities tend to be inefficiently managed since governments have multiple objectives, but limited financial resources. With the government as both owner and provider, the manager of the utility is subject to a number of conflicting influences, which it may not be able to balance, if clear priorities are not established. In this line of argument, lack of efficiency is seen as closely related to: Absence of competitive discipline: since public utilities are not usually subject to the discipline of the market (competition) they have fewer incentives to minimise costs and provide services in the manner which customers demand. Lack of access to capital: because government budgets are strained, most public utilities have insufficient financial capital to undertake the necessary investments to maintain services. It is argued that private companies are better placed to access capital, both domestically and internationally. Source: Ascher (1987) In many Least Developed Countries (LDCs) “The reality is that the private sector has the the combination of rapidly growing populations, capacity and the interest to serve the poor, is urbanisation; reduction in assistance for public willing to experiment with low cost options, and water supply and sanitation services from different levels of service, and with greater international development agencies; and the efficiency can benefit all consumers”. gradual downscaling of the state sector, mean that public sources of finance are not sufficient World Bank quoted by Catley-Carlson (2002), for the rehabilitation and expansion of the in Emanuele & Hall (2003), p 29. infrastructure. Facing problems of inefficiency Resolving the water crisis has become a question of reducing the state and “reforming” 8
  • 9. public services rather than a question of equal during the 1990s, peaked in 1997 and declined distribution and ownership. Completely absent after this. This applies both to the number of from the so-called “crisis of the state” argument World Bank privatisation projects and to the has been the fact that some governments in amount of private investment provided. Table developing countries have been unable to 1.1 gives an overview of total private afford investments in their water services. investments in the water and sanitation sector. These governments are recovering from financial crises, asphyxiated by IMF-imposed As IFIs started to promote privatisation in the structural adjustment programs and ‘cash- water sector as part of “reforms” in developing strapped’ by being forced to spend a huge countries, bilateral development agencies, percentage of their annual budgets on debt such as the United Kingdom Department for servicing. Moreover, the debt relief process International Development (DFID) and the under the Heavily Indebted Poor Countries United States Agency for International (HIPC) initiative is used in most cases to push Development (USAID), followed suit. This led privatisation as a set of policy conditions to privatisation of water utilities in cities in Asia, required to qualify for the relief process (World Latin America and Africa, and became a Development Movement, 2005). central development policy during the 1990s. The process of privatisation has led to much Estimates indicate that only 10% of the world’s controversy and is an intensely political population is currently served by private phenomenon. There is a tendency to providers (World Bank 2006). However, there depoliticise privatisation as simply a standard are major regional differences (WSSCC 2003). economic and commercial transaction between See table 1.1 for an overview of private sector users and private service providers. Still, investment by region. privatisation creates a new situation, shifting utilities from governments towards the market, “From 1990-2004, 54 low and middle-income affecting the way civil society normally countries had private activity in their Water and articulates its needs and affects democratic sewerage sectors. In those countries, 307 input (Gutierrez 2003). Hence, privatisation Water and sewerage projects with private has highly politicised the question about water participation, involving investment supply and sanitation provision. The battle is commitments for about US$41 billion, reached fought by a range of actors, from civil society financial closure. Latin America and the organisations in poor countries strongly Caribbean and East Asia and Pacific were the rejecting the strategy, to bilateral donors and most active regions, accounting for about 51% multilateral financial institutions promoting it, and 38% of total investment, respectively. often through policy conditionality. Concessions were the most frequent form of private participation in the sector, representing 1.3 Trends in privatisation of water 42% of the projects and 64% of total supply and sanitation investment. […] Some of those deals, Until the 1990s, there were few large private however, turned sour. Of the 307 projects, 21 initiatives in water and sanitation infrastructure representing 37% of investment to the sector, and services. Privatisation in the water and were either cancelled or under distress by sanitation sector (WSS) accelerated sharply 2004” http://ppi.worldbank.org [online 26.03.2006] Number of Investment Region projects (2001, US$ billions) Investment (%) East Asia and the Pacific 90 15,90 38 Europe and Central Asia 56 3,80 9 Latin America & Caribbean 137 21,00 51 Middle East & North Africa 8 0,24 1 South Asia 2 0,22 1 Sub-Saharan Africa 14 0,23 1 Total 307 41,36 100 Table 1.1 Private participation in water and sewerage projects in low- and middle-income regions, 1990–2004. Source: http://ppi.worldbank.org [online 26.03.2006] 9
  • 10. 1.4 Various types of water privatisation Privatisation of water and sanitation services private participation, albeit non-commercial has many variations. The World Bank uses and people-centred, in the provision of four different categories for private participation community water services. projects: concessions; management and lease contracts; greenfield; and divestiture projects. Another aspect is how much of the water The term “privatisation” usually refers to one of service is privatised. There is great variety these types. Service contracts are another here: from concessions and management variation (see box 1.3). contracts, with the private operator assuming control of the whole operation for a period of There are many ways to describe the various time, to service contracts, involving limited types of privatisation. One important aspect is specific tasks, such as installing meters, the degree of influence that ordinary people repairing pipes or collecting bills. A special have on the projects. The type of privatisation type of privatisation occurs when the public that involves multinational companies usually authority actively out-sources the management means less democratic influence and and operations of water and sanitation services accountability. In contrast, small-scale projects, to cooperatives or local, democratically based run by cooperatives or local, democratically organisations (as described in section 3.9) based organisations, usually provide a basis for local influence on water delivery. All the types of privatisation mentioned below may involve public-private partnerships While these other local forms of water delivery (PPPs), where the operating company is a joint are not strictly “privatisation” (and are therefore venture between the public owner of the assets not included by us in box 1.3), they do and the private company, which usually has a constitute alternative ways of increasing form of management control over the utility. Box 1.3 Privatisation types Project type Description 1. Concessions Operations and management contract with major capital expenditure. A private entity takes over the management of a state-owned enterprise for a given period during which it also assumes significant risk. 2. Management and lease Operations and management contract where a private entity takes over contracts the management of a state-owned enterprise for a given period. 3. Greenfield projects A private entity or a public-private joint venture builds and operates a new facility. 4. Divestiture A private consortium buys an equity stake in a state-owned enterprise. The private stake may or may not imply private management of the company. 5. Service contracts Usually short-term agreements whereby a private contractor takes responsibility for a specific task, such as installing meters, repairing pipes or collecting bills. Sources: UN Habitat (2003) and World Bank (2000) 10
  • 11. Photo: Knut Nyfløt, The Norwegian Development Fund 11
  • 12. 2. PRIVATISATION OF WATER SERVICES – ACTORS AND INTERNATIONAL POLICY FRAMEWORK This section provides a more detailed As pointed out in chapter 1, this relates to overview of the comprehensive and the idea that the public sector is unable to pervasive international policy framework provide the necessary services, and that serves to facilitate and encourage the therefore the need to find a role for the privatisation of water and sanitation private sector. services. As mentioned in chapter 1, key actors in this framework are the 2.1.1 Post-2003: less dogmatic, more international financial institutions (IFIs), pragmatic? such as the World Bank and regional Since 2003, however, the World Bank development banks, and bilateral donor appears to have acknowledged difficulties agencies, including Norway. The pro- with privatisation of water supply and privatisation policies and practices of sanitation. Officials say that the World these key actors are reinforced by the Bank has adopted a less dogmatic, more activities and ambitions of other important pragmatic approach to privatisation and actors, such as the OECD, the World that the World Bank has moderated its Trade Organization (WTO) and policies (World Bank 2006b). multinational corporations. Only about 5% of private investment in infrastructure goes to the water and 2.1 The World Bank sanitation sector (World Bank 2006). The World Bank provides loans to over Furthermore, private investments are one hundred developing economies, with heavily concentrated in relatively low-risk the declared aim of helping the poor. The economies in East Asia and Latin America. hundreds of millions of people worldwide Thus the World Bank concludes that who lack access to water supply and financial markets have a reduced appetite sanitation are one of its target groups. for risk and that the level of financing is unlikely to recover soon (World Bank Since 1993, the World Bank has promoted 2004). privatisation as an answer to the water supply and sanitation crisis. The Water Some moderation in language can be Resources Management Policy Paper discerned in a number of important World (1993) states that water should be treated Bank strategy documents, such as the as an economic commodity, with an Infrastructure Action Plan (World Bank emphasis on efficiency, financial discipline 2003b), the World Bank's Program for and full cost-recovery, including profits. Water Supply and Sanitation (World Bank The strategy requires caution on cross- 2004b), as well as operational guidance subsidies and budgetary transfers to for World Bank staff on public and private subsidise connections (Royeen 2002). roles in water supply and sanitation (World Although this policy was criticised for not Bank 2004c). The World Bank says it will taking local concerns into consideration, support operations across the entire the main thrust of this policy was spectrum of public and private and continued in the Water Resources Sector respond “to country demand by offering a Strategy in 2002, building on the 1993 broad menu of options for public and reports argument: “the obvious need (…) private sector infrastructure service for private sector involvement if the huge provision”. (Ibid). financing needs are to be met” (World Bank in Hall et al 2001). See figure 2.1 for illustration. 12
  • 13. 2003 and beyond: WBG operatesacross the entire spectrum of public and private Public Private 1980s: Late 1990s: reliance bricks and mortar on private sector Figure 2.1 The World Bank's changing rhetoric. Source: World Bank Infrastructure Action Plan, 2003 2.1.2 Continuing pro-privatisation bias in World Bank strategies and practices Despite acknowledging the difficulties and Ban 2004b). In 2005 the World Bank a degree of moderation in its language, states that several hundred water supply the content of the World Bank strategy and sanitation utilities in developing papers still demonstrate a clear bias countries have improved management towards privatisation and a considerable efficiency, transparency and scepticism towards the public sector. responsiveness to consumers through privatisation. For example, the implementation progress report of the World Bank Private Sector Also, support for the public sector is Development Strategy (2003a) admits to provided on much stricter terms than problems with the privatisation strategy. support for the private sector. While But, instead of calling for an end to the financing public sector utilities will "depend promotion of privatisation, the report states on an assessment of its financial strength that “these problems do not undermine the and past operational performance" (World basic rationale of private participation”. Bank 2004c), statements about the private There is a continued belief that well- sector have a quite different tone. Here, designed private participation schemes the World Bank will support “a broad range can lead to more efficient and better of private participation options” and “a quality services. The report concludes that broad range of Bank Group instruments the "problems confirm the fundamentals of are available to support private efficient private provision while also participation” (Ibid). suggesting the need for some innovative approaches based on these fundamentals In their efforts to improve private in order to address client needs and participation in the water sector, the World concerns.” (Ibid). Bank’s strategy papers emphasize new ways to reduce risk for multinational Furthermore, the World Bank portrays the corporations: “Private international privatisation experience in positive terms. financing is particularly important for small The World Bank's program for water countries that do not have the capacity to supply and sanitation from 2004 states raise funds from domestic public or private that during the last decade the entry of sources. To stimulate private investment private sector operators has challenged there is a need for a more collaborative the idea of permanent, unregulated, public public-private partnership, an approach in monopolies and stimulated better which the World Bank has a role to play.” performance among all operators (World (World Bank 2004a). 13
  • 14. To reduce risk, the bank identifies Development Strategy (2002) emphasises mechanisms such as protection against water privatisation and explicitly states this political risks, currency risks, and as a priority for PRSPs. structuring municipal finances to support private involvement. These instruments Statistics also show that World Bank follow the recommendations of the lending in water supply and sanitation from Camdessus Report (WPFWI 2003)1. The 2000–2003 had an increasing emphasis report recommended stimulating more on privatisation and cost-recovery. In private investment with guarantees against 2000, 91% of World Bank funds in the political and currency risk (essentially sector were tied to privatisation and 98% providing public subsidies to reduce the of the funds promoted cost-recovery. In risks for multinationals); and giving a 2003 all loans promoted privatisation and greater role to consultants, funding private 99% promoted cost-recovery (Public consultancy companies and their work Citizen, 2004). facilitating public sector “reform”. These recommendations represent a new WSS Another study indicates that conditionality strategy and a new wave in the promotion prevents governments from making up of privatisation. In addition, the strategy is their own minds about privatisation. important due to its role as a coordination Looking at conditionalities attached to strategy implemented by key institutions, water supply and sanitation reform across such as the World Bank (see countries, one can see many http://www.forumfor.no/?id=1421 for an commonalities: legislative reforms to analysis of the report). enable provision of water supply and sanitation services by others than the The World Water Council published the central government; increased cost follow-up of the Camdessus Report, recovery; regulatory reforms to improve named the Gurria Report in March 2006 regulators’ ability to monitor contracts; and (WPFWI 2006)2. Stressing the need for leasing service provision or management decentralized water provision, demand- contracts to the private sector in urban responsive approaches and full cost areas (Water Aid, 2003). recovery, the report still embraces private sector participation and public-private 2.1.4 World Bank partnerships partnerships. The World Bank takes part in and organises a network of actors with differing 2.1.3 PRSPs and continuing conditionality roles: forums, lobby organisations, think The most comprehensive strategy tanks and partnerships with other framework, developed by the World Bank international donors. The purpose is to and supported by almost all bilateral provide “advice” on water reform and donors, is the Poverty Reduction Strategy create good investment climates. The Papers (PRSPs). As mentioned in chapter different institutions and programmes are 1, these papers have substantial impact typically created by the World Bank in on a country’s development policy. A partnership with at least one other donor, review of 50 PRSPs provides clear and most include funding for increasing evidence of a continuing bias towards private sector provision in water supply water privatisation (World Development and sanitation. For an overview of these Movement 2005b). According to the institutions and funds, see box 2.1. findings of this review, nearly two-thirds of the PRSPs specifically include water The numerous partnerships and privatisation or greater private sector organisations, some more important than involvement in water supply services. others, are key players, supplying finance None include a review of such privatisation and advice for the promotion of water policies and not a single strategy paper privatisation (Royeen 2002). Although has, as a goal, to keep water and many of the institutions appear to be sanitation under public management. This neutral, aiming to promote dialogue outcome is not surprising, considering the between stakeholders, they are in reality fact that the World Bank Private Sector biased towards water privatisation. The World Bank’s involvement in these 1 rd Prepared for the 3 World Water Forum in Kyoto, strategic partnerships provides legitimacy 2003. to multinational corporations (Ibid), whose 2 Prepared for the 4th World Water Forum in Mexico City, 2006. 14
  • 15. involvement we will return to in section 2.5.3. Box 2.1: Multi-donor initiatives involving the World Bank Business Partners for Development (BPD) Initiated by the World Bank, BPD acts as an industry promoter of privatisation. It supports and finances private sector initiatives in infrastructure and water supply and sanitation. This includes loans to private companies and currency guarantees to reduce the risks of local currency fluctuations when financing infrastructure. Global Partnership on Output Based Aid (GPOBA) This was created by the World Bank and the UK in 2003 and provides subsidies to private suppliers that provide infrastructure services, specifically enabling provision to the poor.1 Global Water Partnership (GWP) Created in 1996, with strong support from the World Bank, this has been a leading advocate of private sector management in water supply and sanitation. This is also one of its main tools for improving services. Private Infrastructure Development Group (PIDG) The World Bank donates to the fund, which exists to support and finance private sector initiatives in infrastructure and water and sanitation, such as loans to private companies and currency guarantees to reduce the risks of local currency fluctuations when financing infrastructure. Public Private Infrastructure Advisory Facility (PPIAF) This is hosted by the World Bank and is the main multi-donor facility funding consultants that advise governments on introducing the private sector into infrastructures such as water supply and sanitation. Water and Sanitation Program (WSP) The program is administered by the World Bank and receives direct funding from, amongst others, Norway. Contributions are channelled through trust funds1 such as the Norwegian Trust Fund for Private Sector and Infrastructure (NTF-PSI)1. This funding covers management and staff costs, operational expenses, and hired consultants. Water Utility Partnership (WUP) This is funded by the World Bank with the main goal of creating an enabling environment for the water sector reform. It promotes “Private Public Partnership” as a tool to improve access to financing and the management of water and wastewater services. World Water Council (WWC) A water policy think-tank established in 1996 as part of recommendations by the World Bank, promoting, amongst other things, closer ties between public authorities and the private sector. Source: World Development Movement (2005a) 2.2 Regional Development Banks 2.2.1 The Asian Development Bank (ADB) In addition to the World Bank and its In Asia, water resources are under serious related multi-donor initiatives, all three pressure. Freshwater investments are regional development banks, in Asia, amongst the lowest in the world, and yet Africa and Latin America, have policies over the next 15 years it is estimated that that facilitate and encourage privatisation. one billion more people will have to share Asia’s limited water supplies. Today, one in three Asians lack access to a safe drinking water source, affecting 700 million 15
  • 16. people in rural areas and more than 90 weeks to table the bill in Parliament; million in the cities. otherwise, the loan would be cancelled. In October 2001, the Asian Development A comprehensive implementation review Bank (ADB) set out its vision for integrated of the ADB Water Policy got underway in water management in the region. June 2005. Combining in-country Describing water as “a socially vital consultation workshops and regional economic good,” (ADB nd/a), the ADB’s workshops, the review will assess “Water for All” policy focuses on seven progress and the need for policy revisions. principal elements, one of which is the improvement and expansion of the 2.2.2 The African Development Bank delivery of water services (ADB nd/b). (AfDB) According to AfDB, the development of ADB clearly believes that service Africa’s water resources is one of its key expansion can best happen with private objectives. AfDB has been involved in a actors. According to its water policy, variety of initiatives to help meet the “governments should change their role challenge of providing safe water and from service provider to regulator. sanitation to the roughly 300 million Autonomous and accountable providers people, predominantly in rural areas, who can best provide water services.” (ADB currently lack access. nd/b). The policy goes on to say that ADB “will support the enabling environment for The Rural Water Supply and Sanitation private participation in the water sector, Initiative (RWSSI) is an AfDB initiative and help to develop the safeguards that aimed at providing water supply and ensure equitable access for the poor.” sanitation to 80% of the rural population of (Ibid). Further, “consumers should expect Africa by 2015, and 100% by 2025. The to meet the full operating and maintenance first International Donors’ Conference for costs of water facilities and service this initiative was held in April 2005. provision in urban and rural water supply and sanitation schemes.” (ADB nd/c). The African Water Facility (AWF) is a special water fund managed by AfDB The ADB water policy regards subsidies which aims “to improve the enabling as a controversial issue. Subsidies will be environment and strengthen water supported in certain circumstances, such resources management so as to attract as when “a limited quantity of treated massive investments necessary to achieve water for the poor is regarded as a basic the regional objectives” (AfDB nd/a). human need,” but, in the long term, Canada, the EU and France already “governments and regulatory agencies will support the AWF, while the Nordic be persuaded to phase out subsidies as countries and Japan have signalled their economic conditions improve.” (ADB nd/c). intention to support the initiative. The AWF hopes to raise over US$600 million for ADB has not been loath to use its “facilitation activities” and capital influence to push through policy reforms at investments. the national level, in spite of public opposition. In Sri Lanka, ADB agreed to Other initiatives, in which AfDB is actively finance a major programme of water involved, include the NEPAD Water infrastructure development on condition Resources Management Program and the that the private sector was brought in to Netherlands-backed Water Partnership provide the services. ADB’s eagerness to Program. see water services privatised became even more apparent in the wake of the As pointed out in chapter 1, the public December 2004 tsunami. Despite the sector is not regarded as sufficient to meet extensive destruction wrought by the investment needs in the water sector. tsunami, the ADB insisted that previous According to AfDB, it is essential to deadlines for privatisation reforms be kept. mobilise the private sector at both local Just four days after the tsunami struck, a and international levels to meet draft bill to legalise water privatisation investments needs estimated at US$20 received Cabinet approval. (MONLAR billion per annum, to reach RWSSI targets 2005). Thereafter, Sri Lanka had only 10 (AfDB 2000). 16
  • 17. AfDB further supports the full or partial international private sector is seen as the transfer of water resource development panacea. and management to “restructured public agencies, private agencies or water user A recent review of the IADB water and associations.” (AfDB 2000). These sanitation portfolio from 1996 to 2003 institutions should be “accountable and yielded the following conclusions (Public autonomous” (Ibid), echoing the words of Citizen nd): the Asian Development Bank. • Some of the largest IADB loans went directly to water multinationals after On subsidies, however, AfDB contrasts they were granted private concessions with ADB. While recognising that in Argentina, Bolivia and Honduras. experience with direct subsidies on water • A large number of IADB loans require has been mixed, the AfDB advocates the states, provinces or municipalities to introduction of cross-subsidisation: open their doors to private sector participation in order to be eligible for “One effective way of assisting the poor is IADB loans. the introduction of cross-subsidisation, in • A large proportion of IADB loans which richer consumers cover a part of the promote so-called reform of the water cost of providing services to the poor. This and sanitation sector that is based on can be done by introducing a progressive changing legal and institutional block tariff schedule, in which a low price arrangements so that private sector is charged for a limited lifeline amount of investment in the water and sanitation water, with higher prices for additional sector will be secure and profitable. levels of consumption”. (AfDB 2000). An example of the latter is the recent loan Another favoured strategy is “transfer agreement between the Nicaraguan pricing” between urban and rural water government and IADB. The agreement supply, with a special levy on urban seeks to facilitate water privatisation in the households and industries to subsidise the long term, but also requires that the cost of developing rural water supply and contract is awarded to an international sanitation. service provider. Increasingly, IADB conditions for loans do not require AfDB explicitly seeks to “facilitate private privatisation explicitly, but rather “prepare participation and implementation of cost the ground” for privatisation. recovery measures, without jeopardising access by the poor.” (AfDB 2000). 2.3 Donor agencies 2.2.3 The Inter-American Development Bank (IADB) 2.3.1 European Union For the last decade IADB has been the The European Union (EU) has openly largest multilateral lender of development advocated privatisation of water services finance for Latin America and the in developing countries. At the World Caribbean. This gives the institution Summit on Sustainable Development in tremendous power to impose lending Johannesburg in September 2002, it conditions such as privatisation and launched the EU Water Initiative. This set deregulation. Since its creation, IADB has out to channel €1.4 billion from various EU been active in the water sector, development aid funds into public-private predominantly financing projects in partnerships in Africa, the former Soviet sanitation, hydropower, and irrigation and Union, and later Latin America (CEO drainage, but also in other areas such as 2003). watershed management, flood control and waterway projects. Since 1961, IADB has This was followed by the launch of a € 500 invested almost US$1 billion per year in million Water Facility for the 77 African, water-related projects, and this trend is Caribbean and Pacific (ACP) states in expected to increase in the near future 2004, again intended to provide public (www.iadb.org). IADB’s Water and finance to companies looking at Sanitation programme commits the developing markets in the water sector. institution to achieving the Millennium goals, which means providing services to Under the GATS negotiations underway in 70 million new users. Involvement by the the WTO (see section 2.5.2), the EU is 17
  • 18. trying to use access to European companies and conditionalities on bilateral agricultural markets as a carrot to get aid. The UK aid agency DFID promised developing and least developed countries £10 million to Ghana to fund a water (LDCs) to open up their water distribution expansion project, but on condition that markets. The European Union has the country’s main privatisation process requested 72 countries to open up their went ahead. water sectors to European service providers. Although private companies Finally, governments push privatisation currently run only 5-10% of the world’s through conditionalities on the water, 95% of that is in the hands of international arena, as mentioned in the European companies (PSIRU nd). previous chapter. Increased use of multilateral mechanisms and greater donor 2.3.2 Bilateral agencies coordination has reinforced policy A recently published report by the World conditionalities set by the IMF and the Development Movement points to four World Bank. ways in which donor governments promote water privatisation (World Development Another means by which donor Movement 2005a). governments advance private sector participation in public services is through First, more and more governments are support to various institutions, using aid money to pay for consultancy programmes and trust funds, often within companies to advise poor countries on the World Bank, that promote private reform of their water sectors. Companies, sector investments. One example of this is such as the Adam Smith Institute and the Emerging Africa Infrastructure Fund PricewaterhouseCoopers, are providing (EAIF), set up with the help of the British expensive advice on how to make the government in 2002, which aims to water sector more attractive to foreign promote private sector investment in companies. While governments appear to infrastructure in Africa. The fund is choose privatisation as the best option, managed by Emerging Markets this is often on the basis of strong advice Partnership, a fund manager based in the from consultancies with a heavy bias in United States. Funding decisions are favour of privatisation. This is a way of made without the involvement of national introducing privatisation through the governments (PSIRU 2004). backdoor. Second, public relations offensives have 2.4 Norway in the spotlight been funded with aid money in order to convince sceptical local communities that 2.4.1 Water in Norwegian development privatisation is in their best interests: policy The 2004 White Paper on development “..-Should we believe in waiting for grace policy identifies three main challenges for to come down to us from above and we the water sector (St.Meld. 35 2004): are all adults? -We still have our country • the need to build up capacity to and it is at a standstill. -The children are manage water resources; singing -- saying that Tanzania is a • the enormous need for development beautiful country full of natural resources financing in the water sector; and yet our developments are nothing! -If • and the need to prioritise the poor. there's no capital we will die of starvation! - And there are people with capital in the In discussion of these challenges, the role world and these are plenty! -It's better that and need for private investment is always we call them and benefit. How many present. This reflects one of the key people have died and yet they were elements of Norwegian development unable to enrich themselves of their policy, namely support for private sector country?” development. In 1998, the Norwegian “We need money” sung by Ebbo government presented a strategy to the (Tanzania), co-written and produced by Storting (Parliament) for support for private the Adam Smith Institute (World Bank nd). sector development in developing countries (Norwegian gvt 1998). Third, governments promote privatisation through subsidies to private water 18
  • 19. Other important traits in Norwegian 2.4.3 Disharmony between policy and development policy include the need to practice? safeguard the rights of the poor and to Norway’s recent withdrawal of demands to ensure that recipient countries dictate the developing countries to open up their shape of their own future. Development water sectors to market access is in line assistance should be responsive to with its stated support for cross-subsidies countries’ own plans, rather than imposed. and alternative pricing mechanisms. GATS rules prohibit subsidising poorer 2.4.2 Norway’s position on water communities with profits from wealthier privatisation areas. In October 2005, the newly elected government of Norway declared that But, while Norwegian development policy “Norwegian aid should not go to insists on the need to safeguard the rights programmes that contain requirements for of the poor and appears to be increasingly liberalisation and privatisation.” sceptical towards privatisation, Norway (Norwegian gvt 2005). It followed this up in continues to provide substantial financial December by announcing that Norway and moral support to institutions and would withdraw all its requests to programmes that actively facilitate and developing countries, under GATS promote privatisation as a strategy. negotiations, to open up their water sectors to market access. The government In addition to its general support for the argued that these demands could be seen funding activities of the World Bank and as a potential barrier to countries’ the regional development banks, Norway managing their public services (Støre contributed, in 2002, to the establishment 2005). of a Norwegian Trust Fund for Private Sector Infrastructure (see box). Norway While not ruling out privatisation has helped to finance the Water and completely, this bolder approach indicates Sanitation Programme (WSP), a greater scepticism to privatisation and administered by the World Bank, and has goes beyond the line adopted by the indicated its intention to contribute €1.5 previous government, which million per annum for 3 years to the acknowledged the role of the private African Water Facility (AWF) of the African sector, while also emphasising the need Development Bank. Norway also supports for proper government controls and both the Global Water Partnership (GWP) protection of the rights of the poor. and the Water Supply and Sanitation Collaborative Council (WSSCC). In March 2003, then former Minister for International Development, Hilde Frafjord Thus, a disharmony exists between official Johnson, explained: Norwegian development policy, with its stated goals of safeguarding the rights of If government sets the right priorities and the poor and finding new ways to regulatory frameworks with regard to subsidise their water needs, and the reality accessibility, pricing and sustainability, the of its support to international institutions question of private versus public need not that choose to work differently. The be the most important.” (Johnson 2003). benefits of such an approach are not lost on the authors of the 2004 White Paper: The minister called for the consideration of “new and different ways of subsidising the Infrastructure with a view to improving water needs of the poor” and put forward services in poor countries and regions will price-differentiated systems as “one of the continue to have priority in Norwegian answers”. In this case, the better off and policy for private sector development. As industry would have to pay more for the level of private financing increases and services, while the poor would pay infrastructure measures are carried out, considerably less. Interestingly, she particularly in cooperation with the acknowledged that water privatisation in multilateral development banks, Norway would provoke strong protests; international and Norwegian business and yet, in a development context, it was industry will increasingly be involved in this necessary to look at the question from work. This can also open new doors for different angles. Norwegian companies.” (St.Meld. 35 2004) 19
  • 20. Public water utilities are blamed for poor Box 2.2: Norwegian development funds management practice and inefficiencies. The need to reform urban water and NORFUND sanitation is stated. Financing the reform The Norwegian Investment Fund for and operation of water supply and Developing Countries (NORFUND), set up sanitation infrastructure must, according to in 1997, aims to promote private sector this report, mobilise private capital and development in developing countries by management expertise. It concludes that: providing venture capital and expertise to “private capital through the new and existing companies. In 2004 commercialisation or privatisation of water NORFUND managed capital totalling supply services can work well.” around NOK 2.4 billion. At the same time, the paper points out that NORFUND is involved in both direct the outcome depends on monopolies not investments and local investment funds. A being abused. Another concern is that review of NORFUNDs direct investment “liberalising markets without effective portfolio shows no evidence of regulatory systems can lead to major involvement in the water sector. The Africa problems. Of particular concern is the Infrastructure Fund (AIF), however, tendency for private service providers to explicitly invests in the water and focus on the wealthier areas, best able to sanitation sector. afford their services, while neglecting More information: www.norfund.no lower-income areas.” Furthermore cost- recovery is seen as important in reforming Norwegian Trust Fund for Private tariff structures to enable self-financing Sector and Infrastructure (NTF-PSI) systems that are commercially viable. Norway contributed, in 2002, to the Many poor households are supposed to be establishment of a separate Norwegian able to pay full cost-recovery. To ensure fund in the World Bank/IFC for support for that the poorest can afford water, the use the private sector and infrastructure. This of tariffs with a low price per unit volume of fund aims to improve “framework water to a certain consumption level and conditions for private sector development low cost options should be considered. in developing countries.” Consequently, such moderation partly recognises the social drawbacks of a hard A key objective of the fund is “to ensure line price policy. The DAC advises that high priority Norwegian policies in member countries and monitors policies in areas such as improving governance, different areas, but does not explicitly strengthening investment climates and promote the privatisation of public services infrastructure services for impoverished (PSIRU 2004). groups are better integrated into the World Bank’s overall efforts to strengthen the 2.5.2 General Agreement on Trade in private sector”. Services (GATS) When the World Trade Organisation As of 2004, Norway had channelled NOK (WTO) was set up in 1995, it subsumed 110 million into the fund, with half of the the General Agreement on Tariffs and funds earmarked for African countries. Trade (GATT), a multilateral trading system governing trade in goods that had existed since 1947. Two new trading agreements, TRIPS3, governing 2.5 Other reinforcing structures and intellectual property rights, and GATS, institutions governing trade in services, were also introduced. 2.5.1 OECD The GATS agreement commits WTO The OECD’s Development Advisory members to liberalise trade in services Committee (DAC) advises member progressively. Since January 2000, countries and monitors policies. A 2003 services have been the subject of paper entitled “Supporting Development of multilateral trade negotiations. Water and Sanitation Services in developing Countries” by the Development Co-operation Directorate states that DAC members support water privatisation. 3 Trade-Related Intellectual Property Rights 20
  • 21. Under negotiations on GATS, countries France stood out as the only major country can request other countries to open up where private sector provision of water particular sectors for market access. Once had been a norm for a long time. The a country agrees to market access, it can French companies therefore had a clear no longer support alternative models of advantage in terms of size and capital service delivery, such as non-profit resources when the fashion for schemes, even though these may be privatisation started in the 1980s. better suited to meeting the needs of the poor. Comfortably secure in their home-market dominance, the water corporations, with Subsidising poorer communities with substantial support from government and profits from wealthier areas would also be extensive political contacts, have in breach of GATS rules. Governments expanded their operations worldwide. would lose the ability to cross-subsidise, Ondeo now controls water services in 130 while foreign companies would not be countries on five continents and has about obliged to service areas offering poor 115 million customers. Veolia has 110 financial prospects. million customers in more than 100 countries. Bernard Maris, professor of Furthermore, when a country has opened economics at the University of Paris VIII its water sector to foreign companies writes: under GATS, it is virtually impossible to reverse the decision. After 3 years, a ”The behaviour of French companies process can be initiated which involves abroad is that of conquerors, and spelt out providing compensation in the form of the hypocrisy of Western free-trade policy market access in another sector. However, agenda. At the same time, they have this has to be approved by all other WTO enjoyed a century of protectionism, and members who are affected (World their home market continues today to be Development Movement 2004). closed to foreign competitors." GATS has been described by the 2.5.4 Consultants European Commission as “first and In line with the approach espoused by the foremost an instrument of business.” Camdessus report, the interests of a new Despite claims by WTO that “great efforts type of company have been legitimised, are made to publicise what takes place in namely consultancies. Aid money is used negotiations” and that “the texts of all to hire advisers on WSS reform, including decisions and the proposals made by the preparation and structuring of projects Governments are available to the public” in the privatisation process, covering the (WTO 2001), it is difficult to gain a clear legal, financial and technical aspects, but picture of negotiations. also the tendering and negotiating phases. Advisers, such as Pricewaterhouse- 2.5.3 Multinational corporations Coopers, have a vested interest in Multinational corporations are also vital promoting the idea that public services actors in the emergence of the water need to be privatised, rather than focusing privatisation trend. The privatised section on the limitations of privatisation. of the water industry is dominated by a very small number of companies. Three of With the World Bank-promoted shift from the four top water companies in the world public to corporate service provision and are French, namely Ondeo (formerly multinationals giving advice on the Suez), Veolia (formerly Vivendi) and process of privatisation, there is a clear SAUR. Because the private sector played democratic deficit. Space for civil society a minimal role in water supply and to provide inputs is limited, allowing profit sanitation worldwide until the late 1980s, motives to decide the fate of water issues. 21
  • 22. 3. EXPERIENCES FROM WATER PRIVATISATION IN THE SOUTH In this chapter, we have selected various case Germany's Gauff Ingenieure and a local studies in which water management has been investor, Superdoll Trailer Manufacturers privatised. The degree of privatisation varies in Limited. The $140m World Bank-funded each case, ranging from almost full privatisation scheme was one of the most privatisation to partial commercialisation of ambitious in Africa and was intended to be a public utilities. model for how the world’s poorest communities could be lifted out of poverty and ill health. The case studies in this chapter are mainly related to concessions and management However, the model has been short on results, contracts (see box 1.3 in chapter 1). Some of both in terms of poverty alleviation and the cases have been initiated and financed achieving “water for all”. In fact the UK water locally or by government, but the majority of company Biwater has been accused of making the cases presented here have received less then half the required investment and financing from the World Bank. failing to improve services and water quality for millions of inhabitants in the city of Dar es Examples of service contracts are also Salaam. included, and at the end of the chapter, examples of small-scale community-controlled According to the Tanzanian government, City projects are provided to illustrate the fact that Water should have invested US$ 8.5 million some types of provision involving private during the first two years of operation, but participation can work. invested only US $4.1 million. Along with persistent complaints by city residents over The case studies demonstrate the forces poor water delivery and the incompetence of behind water privatisation and the main the firm, the Tanzanian government decided to reasons why water privatisation has generally cancel its concession deal with Biwater in May failed. They also illustrate the contradiction 2005. between the pro-privatisation agenda of the international financial institutions and the actual implications of these policies for “The water supply services in Dar es Salaam, developing countries. Tanzania and in the neighbouring places have deteriorated rather than improved since this The cases raise the question of what options firm took over some two years ago.“ are available to make the necessary improvements to achieve the Millennium Tanzania's water minister Edward Lowassa Development Goals. There is no ultimate (2005) solution to the world’s water and sanitation problems, but almost all the case studies presented in this report indicate the need to The collapse of the contract throws into look for other ways to provide water and question the role of water multinationals in sanitation than through privatisation and providing water in poor countries in the South. commercialisation. Water companies are to an increasing extent becoming wary of taking on contracts in 3.1 Dar es Salaam, Tanzania developing countries, because of political From 1996 to 1999, privatisation of Dar es uncertainties and because poor countries have Salaam's water was a condition of the IMF's learned to negotiate better deals. City Water Enhanced Structural Adjustment Facility and, admitted that it stood to make little money out from 2000 to 2003, it was a condition of an IMF of the water scheme. “There is no way we can Poverty Reduction and Growth Facility. make super-profits in Dare es Salaam,” said Continued restructuring and privatisation of Cliff Stone, the British chief executive of City public utilities was part of Tanzania’s Water, to the Guardian newspaper. “We have conditions for getting debt relief under the been losing money. The plan was to use this Heavily Indebted Poor Countries initiative. In as a model for other projects and recoup August 2003, the Government of Tanzania money later on.” Clearly the model failed. awarded the contract to run the water supply of Dar es Salaam (population: 3.5 million) to City Biwater is attempting to pursue the Water, a joint venture of Biwater International, Government of Tanzania through the 22
  • 23. international courts (see box 3.1). The own pocket and the people of Tanzania will be Government of Tanzania risks paying a huge punished for a failed policy, which they did not compensation fee to the company out of its ask for in the first place. Box 3.1 UK water company to sue one of world’s poorest countries Campaigners have condemned the UK Water company Biwater for suing Tanzania, one of the poorest countries in the world. Earlier in 2005 the Tanzanian Government kicked Biwater out, just two years into a $102 million ten year water privatisation contract, on the grounds that Biwater had failed to make even half the required investment or improve services in the Tanzania’s biggest city Dar es Salaam. “This is an absolute disgrace, Tanzania is one of the poorest countries in the world, and now Tanzanian citizens are being punished for being the victims of a failed policy which they did not want. The privatisation, a condition of debt relief, seriously lacked legitimacy. Biwater failed to deliver, with people on the ground reporting that water delivery was getting worse in many areas, with empty taps and Biwater’s use of bullying tactics which resulted in mass disconnections. Benedict Southworth, Director of the World Development Movement (WDM) “We are in full support of our government in cancelling the Biwater contract and we think it is very unfair of Biwater to sue our government because the burden of paying for this legal case will fall on the people of Tanzania. We are going to start up a campaign to oppose the privatisation of water supplies in our country and for an end to this legal case against us.” Andrew Mushi, Tanzania Association of Non-Governmental Organisations Source: World Development Movement newsletter Dec 1st 2005, www.wdm.org.uk Photo: Sigurd Jorde, The Norwegian Council for Africa 23
  • 24. 3.2 Accra, Ghana Due to low access to clean water in Ghana, Over the period from 1973 to 1998, the IDA water supply and sanitation plays a key role in invested US$152.4 million to improve Ghana’s the Ghana Poverty Reduction Strategy (GPRS urban water supply infrastructure. The results 2003). According to the GPRS, privatisation from this have, according to the World Bank plays a major part in the achievement of water (2004e), been disappointing. The National access for all. Privatisation opponents in Coalition Against Water Privatisation (CAP) Ghana say the privatisation focus in the GPRS said the reason was that the private companies results from a government and donor position, involved in the capacity building (Thames which is strongly guided and influenced by the Water, Biwater and SOGEA) were not World Bank’s framework for poverty reduction delivering the services they were supposed to (Adam 2006). deliver (Adam 2006). The urban water sector remains in a poor condition. Continuing with Full cost recovery in the water and sanitation the public sector only was not recommended sector (among other sectors) is routinely and the World Bank and other donors rejected included in loan conditionality. This implies that the public option. Other models, such as ordinary people, who are users of the services, public-public partnership, seem not to have have to cover the costs of the service by been considered. themselves, including infrastructure, operation and maintenance, and sometimes even the 3.2.2 Ghana Water Company Limited and water company’s debt. In March 2002, the IMF Public Private Partnership made it clear that Ghana would only be given a The Government of Ghana has undertaken Poverty Reduction and Growth Facility Loan if several key initiatives related to the urban the Ghanaian government approved full cost water and sanitation sector. In 1996, the recovery in all sectors, including the water government, in consultation with a wide range sector (IMF 2002). of stakeholders (World Bank 2004d), started to explore the option of public-private partnership 3.2.1 World Bank involvement in Ghana (PPP) arrangements for the urban water Three previous urban water projects in Ghana, sector. funded by the World Bank’s International Development Association (IDA), provide In 1999, GWCL was incorporated as a public, specific lessons for the country (World Bank limited liability company. The company 2004). According to World Bank experiences, a assumed responsibility for a large amount of properly designed Private Sector Participation urban potable water supply systems. Under the contract in the water sector can make a privatisation process, these were reclassified significant difference in utility sustainability into larger systems and put in two business (World Bank 2004:5). This is contested by units, leased out for 10 to 25 years. A main NGOs, both Ghanaian and others. At the same argument in support of the privatisation of time, the World Bank warns that it is important GWCL was that there would be more money that the expectations raised around a potential for the utility. Private Sector Participation (PSP) intervention are realistic. Governments and others should 3.2.3 The urban water project in Accra see PSP as a process or tool to accomplish A few weeks after the decision to accept an specific objectives, and not as a panacea to IDA loan of US$103 million, the Ghanaian rectify years of neglect and poor management government signed the Ghana Urban Water (World Bank 2004a). Project in Accra. The total cost is estimated to be US$120 million. The Ghanaian government The World Bank (2004e) claims that other is to pay US$12 million, and the Nordic options were considered, while NGOs in Development Fund (NDF) US$5 million. NDF Ghana claim that there was no public input in will support the rehabilitation of existing dams the process and that only consultants and and weirs. The aim of the project is to provide “experts” were asked to provide inputs. Public- clean water at a price which is affordable for private partnership was unsurprisingly chosen the urban poor. (Fact-Finding Mission 2002). as the best option. For the Ghana urban water But already, people have been disconnected project, a public versus private management and dragged to court for not settling their bills regime was examined and, once a private (Adam 2006). sector option was decided, two different PSP interventions were considered. 24