Answers from the Berlin Water Table

Please answer the following preliminary questions to help me understand your or your organization’s status and functions:

A. Please indicate the type of stakeholder you are representing, for example:

1. Non-governmental organization or civil society

2. Community-based organization

3. International organization or donor agency

4. Concerned individual

5. Concerned group of people

6.Other (please specify): Concerned group of engaged citizens, called “Berliner Wassertisch” (Berlin Water Table)

B. Please indicate your or your organization’s role in the process, for example (you may choose multiple answers):

1. Developed and facilitated a participatory process

2. Took part in a participatory process facilitated by others

3. Initiated a participatory process yourself to influence decision-making

4. Other (please specify)We are still on the very beginning of the process

For the thematic report, I would particularly welcome your answers to the following questions:

  1. Please indicate and describe a participatory process or processes in your country that are related to the human rights to water and/ or sanitation. Which authorities and organizations are involved in the design and facilitation of the process? What are the costs of designing and facilitation the process? Who covers the costs?

The human right to water in Germany is generally guaranteed by a rather good water management, most of them in municipal hands. But poor people who cannot pay their water bill are cut off and these people are becoming more according to the increase of poor people in Germany. But we are also afraid the intention of privatizing water will destroy the general good systems. And we are happy that the privatization of the Berlin Water Company as the biggest water company in Europe could be revised by buying back the shares of the private companies (RWE and Veolia). But now there is the problem of profit driven water management and this is the reason why we are now demanding more participation of citizens in the management of the water companies themselves.

That is the reason why the Berlin Water Table has elaborated the Berlin Water Charter in which the access to clean water as a human right is one of the principles.

The costs of a 7 year long referendum and the work that had to be done afterwards until now is based only on donations.

  1. What does the process seek to ensure – participation in legislative proposals, policy-making, budgeting, service provision or other measures? At what level does the process take place – the national, local or international level?

The process seek ensure policy making and legislative proposals to ensure the participation of citizens in the management of the Berlin Water Company. It’s on a local level.

  1. Has there been a history of mobilization in your country to ensure participation in decision-making? In general, is the government (at the various levels) viewed as responsive to such demands? How has the government responded to people’s demands for (increased) participation?

On the one hand the Berlin Government has improved legislation for referendums generally. It’s possible to make a referendum in Berlin proposing an own law, called “citizens’ law”. On the otherhand when the Berlin Water Table started a concrete referendum for making public the contract of privatization of the Berlin Water Company, the government tried to stop this arguing that this intent was illegal. That is why the Berlin Water Table had to start a complaint in the Berlin Constitutional Court. In their sentence they valuated this citizens’ law equal to laws made by parliament and so gave right to the complaint and the referendum could take place.

  1. Is there a legal or policy basis for participation? Specifically, is participation with respect to improving access to water and sanitation provided for in legislation, policy or practice in your country?

The legal basis is the right for a referendum generally but not for participating in the management of the water specifically. But one must admit that in Germany the legislation for access to clean water is guaranteed by national law. So the goal of the Berlin Water Table in more participation, aims to change a profit driven water management into a democratic, ecological sustainable and social fair management.

  1. How have the geographical reach of processes and the concerned individuals and groups been defined? How do processes ensure inclusiveness? How do processes seek to ensure that not just major stakeholders, but also concerned individuals can participate?

See answer 5

The Berlin Wassertisch is a grass rout movement where everybody can participate

  1. Are certain individuals or groups meant to represent others? How does the system of representation work? What is the role of NGOs? Who do they represent, if anyone? Is there any process of verifying their claim to represent, i.e. are they required to produce any type of proof?

The Berlin Water Table started its referendum and this was approved by 666235 Berlin citizens. So the Water Table is somehow representing these citizens, but there is no formal representation. The group is open for any Berlin citizen who wants to participate in the work of the group.

  1. What are the opportunities for participation? Are there consultations, hearings, opportunities to submit written responses and online fora?

Until now there are no official opportunities to participate in the decision making of the Berlin Water Company. But the Berlin Water Table is trying hard to get heard by all sorts of public events.

  1. What measures are in place to enable people to participate? What measures are taken to overcome barriers that people face, in particular marginalized groups and individuals?

see answers above

  1. What channels have been used to disseminate information about the envisaged measures and the participatory process?

We try to get access to members of parliament, to employees of the water company and investigating scientists. But we must admit that until now there is no official recognition of our participation. We are still working hard to get heard, so the questions 10 and 11 cannot be answered properly.

  1. How are the inputs taken into account? What is the impact of participatory processes on decision-making and the design of measures and policies?

See above

  1. What follow-up has been put in place? Are people informed about the outcome of processes? Are they informed about whether and how their proposals have been taken into account?

See above

  1. Would you describe the participatory processes as successful? If the specific process referred to above has been completed, please comment on what accounts for its success or failure. Has the process been evaluated? What lessons does it offer for future processes?

As our process of participation is still at the very beginning it cannot be evaluated yet.

The referendum itself was very important for the decision of the Berlin Government to buy back the shares of the private companies (Veolia and RWE) and remunicipalise the Berlin Water company. But the next step towards more participation in the decision making of the Berlin Water Company is still big challenge that couldn’t be realized yet. Demanding it now after the Berlin Water Company came back into public hands is the first step to move politicians and decision makers in the company itself towards more participation.