"The interests of the many should prevail over the interests of the few."
Damn the torpedoes, go full speed ahead.
That’s our unsolicited advice to the Duterte administration as it seriously considers the construction of the long-delayed Kaliwa Dam project to respond to the water supply crisis in Metro Manila.
The two water concessionaires in the city have resorted to rationing of scarce supply to some 1.4 million city residents because of the dwindling supply in Angat Dam, our main water source. That, in turn, is the result of not enough rains this year. We usually have 20 or more typhoons barreling in from the Pacific Ocean every year, but the El Niño weather phenomenon and climate change/global warming seem to have influenced a different weather pattern this year.
It is in this context that we must situate President Rodrigo Duterte’s recent warning that he would use his “extraordinary powers” to implement the China-funded Kaliwa Dam project in Tanay, Rizal province, to solve the water crisis in Metro Manila.
The President stressed that his primary concern was the people’s welfare: “You have every right to protest if it would really put (your welfare) in jeopardy. But if the safeguards are there, and between your concerns and the crisis that we are trying to avoid, I will use the extraordinary powers of the presidency to (ensure that people would have water).” He pointed out that his concern was the “greatest good for the greatest number…that is democracy,” and that what is important is for safeguards to be put in place while building the dam.
The interests of the many should prevail over the interests of the few. That is a key principle of our democratic system. But that does not mean imposing the will of the majority on the minority without any democratic discussion or consultation. Here, the indigenous peoples who stand to be adversely affected by the dam project should be given the opportunity to ventilate their views on the dam issue.
While we recognize that the President can invoke extraordinary powers to cope with the water crisis, the government should also protect the rights of indigenous peoples. The Commission on Human Rights is correct in pointing out that the water shortage remedy should not violate IP rights: “While we recognize that there is a legitimate concern on water security in Metro Manila, this should not come at the expense of human rights of affected indigenous communities and their land’s biodiversity.”
While we’re at this, it seems that critics of the dam project are barking up the wrong tree when they single out the two concessionaires—Maynilad Water Services Inc. (MWSI) and Manila Water Co. (MWC)—for failing to build a new water source to prevent recurring shortfalls.
The job of the water concessionaires is to mainly to distribute water to consumers. It is the government, through the Metropolitan Waterworks and Sewerage System that should find alternative water sources, such as the Kaliwa Dam-New Centennial Water Source project.
Maynilad has said it fully supports the construction of Kaliwa Dam as a “viable long-term solution” to the recurring shortage in Metro Manila. The project is expected to commence soon as this it has already secured an environmental compliance certificate (ECC) from the Department of Environment and Natural Resources.
“As a water distributor, Maynilad can only distribute the water volume that it receives from existing raw water sources. The government has claimed responsibility for the development of raw water sources, but we have been working with them to expedite the process because we understand the urgency of meeting the supply needs of our customers,” it said recently.
The two water concessionaires have also been raked over the coals for their supposed failure to install sewerage systems and wastewater treatment facilities. There’s also the allegation that the fees Maynilad and MWC have been charging their customers to build these facilities were not being spent for the purpose. Maynilad clarifies that it has spent P46.7 billion on wastewater treatment facilities since 1997 even if it has collected only P38.07 billion in sewage fees over same period, which means it still has to recover P8.6 billion of its investments in wastewater projects. The concessionaire is also allocating P200 billion to build 26 new STPs and install 425 kilometers of new sewer lines from 2019 to 2037. These investments, it said, are in fulfillment of its responsibilities under Republic Act (RA) No. 9275 or the Clean Water Act (CWA).
The two water concessionaires insist that they should not be singled out for the lack of enough sewage treatment plants and wastewater treatment facilities as mandated under the CWA because there are 17 government agencies, including the Department of Environment and Natural Resources, Department of the Interior and Local Government and the Department of Public Works and Highways that have failed to do their jobs as mandated by the Clean Water Act.
The current water crisis in Metro Manila needs an immediate solution, and it’s not by inundating the water distributors with what they feel are totally unfounded and baseless accusations. Perhaps the government should start rolling up its sleeves and picking up shovels so that the dam project can finally get off the ground.
ernhil@yahoo.com