Water as a Common Good : the Italian case

1. Water as a Common Good:the Italian case Emanuela Roman TommasoDotti

2. Water: a global issue

3. U.N. World Water Development Report, 2006 • 1 billion and 400 millionspeople do nothaveaccess to freshwater • 1 million and 8 hundredchildren die everyyearbecause of sanitaryproblemconnected to water (dysentery) • 4900 children die everyday of dysentery Within 2050 48% of freshwaterdemandwillremainunanswered

4. U.N. World Water Development Report, 2006 • The distribution of water in the world isnotuniform (60% of water in 9 countries) • Thiscausesmigratorymovements and internationalconflicts Source: http://www.unwater.org/

5. Water resources Source: www.wordmapper.org

6. Water use Source: www.wordmapper.org

7. Water business Water willbecome the “oilof future” Multinationalcorporations are aware of this: the run for hoardinghasalreadystarted In developingcountriesithas the features of “plunder ”(i.e. Bolivia) In Europe itmainlyoccursas a public-private partnership

8. Italy – Origins of privatization • Legge Galli n.36/1994 • ATO (Ambiti Territoriali Ottimali – territorial reorganisation of public water management) • possibility of privatize water management (partially or totally) • Positive aspects: • Public property of water resources • Water is mainly for human use: weneed to preseveit • Negative aspects: • Introduction of “full recovery cost” • Introduction of “return on invested capital”

9. Italy – Consequences of privatization • Following Legge Galli integrated urban water management was given almost everywhere to S.p.a. (stock companies): • Both private and public • Private law subjects with a board of directors and stakeholders • Their aim is profit • Consequences of water privatization in Italy: • Tariffs increase of 60% in 10 years; • Job cuts; • Worsening quality in service; • Investment decrease of 66% in comparison with 1990/2000 • Lack of openness and democratic participation. Source: Le societàcontrollatedaimaggioricomuniitaliani: costi, qualità, efficienza (4° edizione) Milano, 28 gennaio2009, Gabriele Barbaresco (UfficioStudiMediobanca)

10. “Acqua Bene Comune” movement • In some parts of Italyprotestsarose: 3 yearsafter the Alternative Water Forum (Florence, 2003) the “Acqua Bene Comune” movementwasborn • In 2006 the first “Forum Italiano dei Movimenti per l’Acqua” tookplace in Rome: theydrew a billaimedatdetermining a new concept of public water management. • In March 2007 started the collection of signatures for the Citizens’ Initiative Bill: “Principles for the protection, public governance and management of water and regulations for de-privatization of water management” Proposta di Legge d’Iniziativa Popolare: “Principi per la tutela, il governo e la gestione pubblica delle acque e disposizioni per la ripubblicizzazione del Servizio Idrico”)

11. The Citizens’ Initiative Bill in 10 points • Water is a Common Goodand a universal right. Availability and access to fresh water are fundamental human rights; • Water is a limitedresource to be protectedasessential for human life and future genarations; • Eachterritorialdistrictshoulddefine a water management planto preserve the resource and itsquality; • Integratedurban water management isa public service with no economicrelevance , out of trade and market logics and oriented to social and environmentalpurposes; • Integratedurban water management should be managedexclusivelyby public law bodies;

12. The Citizens’ Initiative Bill in 10 points • Within a well-definedperiod of time every private, public-private and S.p.a. management should be ended; • The minimum dailysubsitance water amount of 50 liters per personshould be guaranteed for free; • Water management workers and localcommunities take active part in the maindecisionsconcerningurban water management; • Integratedurban water management isfinancedthrough the reduction of militar expenditures and of taxevasion and throughenvironmentaltaxes; • A national fund financesaccess to fresh water projectsin the Global South.

13. The Citizens’ InitiativeBill current situation Howeverthe Italian parliament has refused to discuss the Citizens' Initiative Bill, and thus far the Citizens' Initiative Bill lies in the drawers of Montecitorio.

14. Rodotà Commission • June 2007: establishment of the Commission on Public Goods (ministry of Justice decree, Prodi Government) headed by Stefano Rodotà (members: UgoMattei, EdoardoReviglio, Alberto Lucarelli, Luca Nivarra…) • Aim: drawing a law to reform the Civil Code regulations concerning public goods (which dated back to 1942) • February 2008: the Rodotà Commission Bill was ready: • 3 ownership forms: • Common property • Public property • Private property

15. Rodotà Commission • Introduction and definition of the legal category of the Commons: • Defined as goods functional to the exercise of fundamental rights and to a free development of the human being • A list of examples is provided • Introduction and definition of 3 new typologies of public goods: • Necessarily public ownership goods • Social public goods • Interest-bearing public goods Source: U. Mattei, A. Gallarati, Economiapolitica del dirittocivile, Giappichelli, Torino, 2009

16. Rodotà Commission Bill current situation • After the Prodi governmentfell, the new Berlusconi governmentrefused to discussRodotà Commision Bill in Parliament. Untilnowitislying in the drawers of Montecitorioasthe Citizens’ Initiative Bill .

17. Decreto Ronchi: forcedprivatization • 19 November 2009: Italian parliament approved DecretoRonchi(legge n. 166/2009) which forced the privatization of water management and other essential public services. • Under DecretoRonchi(see art. 15)the whole public services managementhas to be put on the financial market, thus subjecting the Commons to the neoliberal rules of profit and competition. • Citizens are completely excluded from the common and public goods management: only private corporations, listed on the stock exchange, are allowed to purchase control of the water management system. Source: http://www.parlamento.it/parlam/leggi/09166l.htm

18. FightingDecreto Ronchi • “AcquaBeneComune” movement started immediately another national campaign to hold a referendum to abolish DecretoRonchi • 1.400.000 signatures were collected in the spring of 2010 (between April and July) to support the citizens’ referendum request • The Italian Constitutional Court approved 2of the 3referendum questions prepared by the movement and declared that a referendum would have taken place on July 12th and 13th2011

19. Referendum questions • The first referendum question concerns whether water management privatization should stop and whether DecretoRonchishould be abolished.

20. Referendum questions • The second referendum question concerns whether water should be managed without any profit and whether the return on invested capital should be abolished.

21. Electoralcampaign • Throughout Italy an electoral campaign started to promote the referendum: • Lead and financed only by citizens without funding from parties • In every single city and village a referendum committee was created by citizens • Mainstream media boycotted the campaign. Internet was the most relevant mean to promote referendum and share information • To reach every voter a door to door action was carried out (flash mob, demonstration, conferences and leaflet)

22. We are citizens, free women and men that for years have been fighting for public, participatory and democratic water management. With engagement, work and passion we have defended water from speculations, market and private interests. In all our territories local committees were born, forming a living network active throughout the country. This is the water people: inclusive, lively, proactive. We are fighting against the logic of the market, which wants to regulate every moment of our lives. We pretend to decide on water: we want to remove water from markets and profits from water, we want to give the management of this common good back to the communities. We want this to guarantee free access to water for everybody. To protect it as a collective common good. To preserve it for future generations. You write water, you read democracy

23. The referendum victory • More then 65% of Italians went to the polling station (more than 27 millions people) • 95% of voters chose to vote “yes” against the privatization of water • It was 16 years that the quorum was not reached Source: http://elezioni.interno.it/

25. Referendum enforcement • National level • Despite the referendum unequivocalvictory, in August 2011 ourgovernmentpasseda financialbill (decree n. 138/2011) in an effort to re-open the way to the privatization of public services; • Westillhavetwobillslying in Parliament; • ItalianConstitutionprovides the legalbasis for a specific law concerning the Commons (art. 41 and art. 43).

26. Referendum enforcement • Local and municipallevel • To enforce the second referendum question, citizens are lobbying on majors and ATO to obtain the adjustement of the water billconsequently to the abolition of the return on investedcapital • In some Regionscommittees are promoting a regulation to introduce the legalconcept of the Commons in the Statuto Regionale (i.e. Veneto) • In manymunicipalitiescommitteesare lobbying on the city council to increase the citizens’ participation in urban water management (i.e. Marostica)

27. Napoli calls Paris • Antonio De Magistris, the new major of Napoli, elected in June 2011, appointed Prof. Alberto Lucarelli asAlderman for the Commons • 7 July 2011: the city councilpassed a deliberationwhichintroduced in Statuto Comunale an article to recognise the legalconcept of the Commons • 23 Semptember 2011: the city councilchangedArin S.p.a. into A.B.C. Napoli: a «special company» of public law, with no economicrelevance. For the first time citizens and committees are officiallyincluded in decision-makingprocesses of urban water management

28. … and so the citizens’ mobilisation in Italyisstillgoing on!

29. And remember…