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page 27

  issue 109
december 2005   

 

people's water power in uruguay

sebastian valdomir and alberto villarreal, redes/friends of the earth uruguay

On 31 October 2004 , more than 64% of Uruguay 's population voted to establish water as a basic human right, to retain the public provision of water and sanitation, and to ensure sustainable and participatory water management. In other words, they voted to ensure that their water services are managed by the people for the people.

uniting to defend water and life

This was an overwhelming rejection of the privatization of water foisted upon Uruguay by the IMF and the World Bank and by the liberalization of water services planned in the WTO and the Free Trade Area of the Americas . REDES/Friends of the Earth Uruguay , public water unions, local community organizations and others had worked in the Commission in Defense of Water and Life to achieve this victory.

The Uruguayan government had been granting concessions to water companies, including subsidiaries of Suez (Aguas de la Costa) and Aguas de Bilbao (Uragua), to help meet the country's sanitation requirements. However, the companies never delivered on their contractual commitments for sanitation; the quality of the service they provided was poor; and water and sanitation tariffs were extremely high.

When they were rejected by the Uruguayan people, the companies turned to international treaties to force the new government - which had supported the water vote - to change track. Suez and Aguas de Bilbao threatened to sue the Uruguayan government for millions of dollars in compensation, claiming that the results of the vote breached their contracts under existing bilateral investment treaties with France and Spain . Faced with the threat of multi-million dollar payouts, and at the same time holding the record for the world's highest per capita level of indebtedness (as a percentage of GDP), Uruguay was in a difficult position. The government initially capitulated, allowing the companies to continue to operate until 2015.

Public opposition finally brought about a more forceful approach. Eventually, Aguas de Bilbao's concession was cancelled due to repeated breaches of contract. The company dropped a planned lawsuit against the government and agreed to leave the country in October 2005, although it was allowed to retrieve financial guarantees it had made. In the case of Suez 's subsidiary, the government may ultimately buy the corporation out.

While these settlements are less than ideal, they demonstrate the power of collective opposition. Environmentalists, trade unions and local community organizations can express their opposition through plebiscites and popular referendums, and confront the power of corporations by exercising direct democracy. This is an effective first step in rolling back the power of corporations.  

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