The Human Right to Water Implementation Aspects from Kenya

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The Human Right to WaterImplementation Aspects
from Kenya

gtz Competence Centre Water
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Human Right to Water a new approach in German
DC ?
Definition of ACCESS

• Technical definition of access (improved
  sources)
• No differentiation between urban and rural
• No consideration of water quality and
  affordability
• No consideration of sustainability of access
• No explicit pro-poor approach

• No focus on technologies, but on criteria and
  processes such as transparency, participation,
  non-discrimination etc.
• Criteria comprise water quality and affordability
  aspects
• Sustainability of access is an essential aspect
• Explicit pro-poor approach

The Human Right to Water is complementing
pro-poor approaches in German Development
Cooperation rather than redefining them !
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Human Right to Water implementation aspects
Pro-Poor Implementation Plan 1) Policy Level
... 2) Regulation ... 3)
The implementation of the Human Right to Water
needs a consistent implementation plan including
all stakeholders in the water sector !
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Policy Level
Human Right to Water Policy Level
Pro-Poor Funds
NGOs

• Implementation on Policy Level
• Ensure that the HR to Water is explicitly
  mentioned and referred to in water sector
  policies and strategies
• Ensure that a pro-poor sector strategy and
  national implementation plan is in place
• Ensure that resource allocation follows strategy
• Introduce incentive scheme with performance
  indicators reflecting the pro-poor orientation of
  sector institutions
• Strengthen focus on sanitation in and among
  sectors
• Ensure participation of marginalised and poor
  consumers

Large-scale implementation of the HR approach
needs clear political commitment and backing from
the national government !
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Policy Level
Regu-lation
Human Right to Water Regulation
Pro-Poor Funds
NGOs

• Implementation on Regulation Level
• Introduce country-wide standards and norms
  fulfilling the human rights criteria
• Establish guidelines on service provision to the
  poor
• Monitor performance indicators of WSPs
  especially in regard to pro-poor orientation
  (baseline study, information system for
  comparative competition)
• Introduce pro-poor tariff structure including
  cross- subsidization
• Establish effective regulation of informal
  providers

Regulation is a powerful tool to establish,
enforce and monitor nation-wide standards on
service provision to the poor !
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Policy Level
Regu-lation
Pro-viders
Human Right to Water Providers
Pro-Poor Funds
NGOs

• Implementation on Provider Level
• Create a special unit to extend and improve
  service provision to the poor
• Establish effective complaint mechanisms to
  adequately address the needs of the poor
• Introduce incentive system for managers and staff
  containing pro- poor performance indicators
• Extend services to the poor with adequate
  (low-cost) technologies and management systems
  fulfilling the national standards

Providers need a sticks carrots approach to
extend services to the poor a strong incentive
system as well as comparative competition !
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Policy Level
Regu-lation
Pro-viders
Human Right to Water Pro-Poor Funds
Pro-Poor Funds
NGOs

• Establishment of Pro-Poor Funds
• Create a financing vehicle that explicitly
  finances service provision to the poor
• Establish standards on low-cost technologies and
  management concepts that ensure sustainability
• Establish effective mechanisms for providing
  investments to providers with pro-poor concepts
• Carry out baseline studies on the settlements of
  the urban and rural poor and link it to the
  regulation IS

Pro-Poor Funds are an ideal vehicle to link
pro-poor regulation with the allocation of scarce
resources to the underserved in the water sector !
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Policy Level
Regu-lation
Pro-viders
Human Right to Water Water Users
Pro-Poor Funds
NGOs
Water Users

• Implementation on Water User Level
• Establish water user groups and install
  participation mechanisms in decision-making
  processes
• Enforce representation of underserved in the
  boards of sector institutions on national and
  local level
• Build capacity among water user associations to
  enable them to effectively communicate their
  needs
• Establish instruments to inform consumers and the
  public about developments in the water sector and
  the performance of sector institutions

Formal participation in decision-making processes
doesnt enable consumers to articulate their
needs capacity building is important !
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Do-nors
Policy Level
Regu-lation
Pro-viders
Human Right to Water Donors NGOs
Pro-Poor Funds
NGOs
Water Users

• Implementation on Donor and NGO Level
• Establish constant dialogue on state and progress
  of the implementation of the HR to Water
• Ensure alignment of all donors to the national
  human rights strategy and the implementation plan
• Build capacity on all levels about the human
  right to water and support implementation efforts
• Support sensitization campaigns to communities on
  adherence to national (human right) standards
• Support the establishment of a consistent
  sanitation strategy

Donors and NGOs can play an important role in
the Human Rights discussion on the political
and the operational level !
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Human Right to Water Dos and Donts
Dont Do
Solely rely on MDG standards in your projects as they dont guarantee access according to the human rights standards Refer to the ratified international conventions in your policy dialogue with the partner country about the human rights approach
Establish your own human rights strategy in the partner country not linked to the national partner strategy Check your projects against the human rights principles and re-think project approaches
Support water supply and sanitation projects that do not fulfil the human rights criteria Support investments that have a clear pro-poor orientation (trust funds or other national baskets)
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EXTRA SLIDES
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• MDG target 10
• Halve by 2015 the proportion of people without
  sustainable access to safe drinking water and
  sanitation

Joint Monitoring Programme (UNICEF WHO)
Improved drinking water sources Improved sanitation facilities
Piped water into dwelling, yard or plot Flush or pour-flush to Piped sewer system Septic tank Pit latrine
Borehole VIP
Protected dug well Pit latrine with slab
Protected spring Composting toilet
Rainwater collection
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• How big is the gap between MDG reporting and
  reality?

MDG monitoring Other sources
Zambia 90 47 (baseline study)
Addis Ababa 88 28 (UN-HABITAT)
Tanzania 85 lt 50 (HBS)
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Boreholes in urban areas sustainable access
to safe drinking water?

• MDG monitoring counts every person drawing water
  from a borehole as being covered

• 60 of boreholes in Dar es Salaam contain faecal
  coliforms

• During power rationing no water can be drawn from
  boreholes

• Majority of boreholes provide unregulated service

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Neighbourhood sales sustainable access to safe
drinking water?

• People depending on water from their neighbours
  can be denied access at any time

• Prices charged by neighbours are up to 100 times
  higher than official tariffs at household
  connections or public taps