WATER SUPPLY AND SANITATION SECTOR REFORM PROGRAMME (WSSSRP)

Assessment of Institutional Capacity in the Water Sector in the Six Partner States (Anambra, Cross River, Jigawa, Kano, Osun and Yobe)

CROSS RIVER

Preliminary Report October 2010 ABBREVIATIONS AND ACRONYMS

AfDB African Development Bank ANRUWASSA Anambra State Rural Water Supply and Sanitation Agency ASWC Anambra State Water Corporation CBO Community Based Organisation CRS Cross River State CRSWB Cross River State Water Board Limited CSO Civil Society Organisation DFID Department for International Development (United Kingdom) EA Executing Agency EDF European Development Fund EC European Commission EIA Environmental Impact Assessment EU European Union FMAWR Federal Ministry of Agriculture and Water Resources GDP Gross Domestic Product HR Human Resources IBRD International Bank for Reconstruction and Development (World Bank) IMR Infant Mortality Rate JSWC Jigawa State Water Corporation KnSWB Kano State Water Board LGA Local Government Area MDG Millennium Development Goal M&E Monitoring and Evaluation MIS Management Information System MWR Ministry of Water resources NGO Non Governmental Organisation NPC National Planning Commission NRW Non Revenue Water O&M Operation and Maintenance OSEPA Osun State Environmental Protection Agency OSG Osun State Government OSWC Osun State Water Corporation PIU Project Implementation Unit PM Project Memorandum PMU Project Management Unit PPP Public Private Partbership PSP Private Sector Participation RUWATSSA Rural Water and Sanitation Agency (Cross River State) RUWESA Rural Water and Environmental Sanitation Agency (Osun State) SPARC State Partnership for Accountability, Responsiveness and Capability (DFID supported) SRIP Support to Reforming Institutions Programme (EU supported) STU State Technical Unit SWC State Water Company TA Technical Assistance TOR Terms of Reference UFW Unaccounted for Water UK United Kingdom UNDP United Nations Development Programme UNICEF United Nations Children’s Fund VIP Ventilated Improved Pit Latrine WSSSRP Water Supply and Sanitation Sector Reform Programme YSWC Yobe State Water Corporation

FINANCIAL YEAR 1st January – 31st December

2 CONTENTS

EXECUTIVE SUMMARY...... 4

1. INTRODUCTION AND METHOD OF APPROACH...... 5 1.1 General 5 1.2 Study Objectives and Main Tasks 5 1.3 Study Team 6 1.4 Study Programme 6 1.5 Report Layout 6 1.6 State Location in Nigeria 6

2. BACKGROUND...... 8 2.1 Introduction 8 2.2 WSSRP Support Programme 8 2.3 Water and Sanitation Sector in Six States 8 2.4 Institutional Capacity Development 8

3. SYNTHESIS OF STUDY ASSESSMENTS...... 9 3.1 Introduction 9 3.2 Study Investigations - Summary 9 3.3 Main Results by State 9

4. KANO STATE...... Error! Bookmark not defined. 4.1 Introduction Error! Bookmark not defined. 4.2 Water and Sanitation Policy and Water Law Error! Bookmark not defined. 4.3 Previous Institutional Assessments – Summary and Conclusions Error! Bookmark not defined. 4.4 Institutional Developments Error! Bookmark not defined. 4.4.1 Since Last Review – 2007 to 2010 Error! Bookmark not defined. 4.4.2 Future Action Plan Error! Bookmark not defined. 4.5 Assessment of Current Institutional Capacity and Capabilities Error! Bookmark not defined. 4.6 Future Institutional Support Needs and RequirementsError! Bookmark not defined. 4.7 State Objectives and EU Support Error! Bookmark not defined. 4.8 Conclusions and Recommendations Error! Bookmark not defined.

5. JIGAWA STATE...... Error! Bookmark not defined. 5.1 Introduction Error! Bookmark not defined. 5.2 Water and Sanitation Policy and Water Law Error! Bookmark not defined. 5.3 Previous Institutional Assessments - Summary and Conclusions Error! Bookmark not defined. 5.4 Institutional Developments Error! Bookmark not defined. 5.5 Assessment of Current Institutional Capacity and Capabilities Error! Bookmark not defined. 5.6 Future Institutional Support Needs and RequirementsError! Bookmark not defined.

3 6. YOBE STATE...... Error! Bookmark not defined. 6.1 Introduction Error! Bookmark not defined. 6.2 Water and Sanitation Policy and Water Law Error! Bookmark not defined. 6.3 Previous Institutional Assessments - Summary and Conclusions Error! Bookmark not defined. 6.4 Institutional Developments Error! Bookmark not defined. 6.5 Assessment of Current Institutional Capacity and Capabilities Error! Bookmark not defined. 6.8 Conclusions and Recommendations Error! Bookmark not defined.

7. OSUN STATE...... Error! Bookmark not defined. 7.1 Introduction Error! Bookmark not defined. 7.2 Water and Sanitation Policy Error! Bookmark not defined. 7.3 Previous Institutional Assessments – Summary and Conclusions Error! Bookmark not defined. 7.4 Institutional Developments Error! Bookmark not defined. 7.4.1 Since Last Review – 2007 to 2010 Error! Bookmark not defined. 7.4.2 Future Action Plan Error! Bookmark not defined. 7.5 Assessment of Current Institutional Capacity and Capabilities Error! Bookmark not defined. 7.6 Future Institutional Support Needs and RequirementsError! Bookmark not defined. 7.7 State Objectives and EU Support Error! Bookmark not defined. 7.8 Conclusions and Recommendations Error! Bookmark not defined.

8. ANAMBRA STATE...... Error! Bookmark not defined. 8.1 Introduction Error! Bookmark not defined. 8.2 Water and Sanitation Policy and Water Law Error! Bookmark not defined. 8.3 Previous Institutional Assessments – Summary and Conclusions Error! Bookmark not defined. 8.4 Institutional Developments Error! Bookmark not defined. 8.4.1 Since Last Review – 2007 to 2010 Error! Bookmark not defined. 8.4.2 Future Action Plan Error! Bookmark not defined. 8.5 Assessment of Current Institutional Capacity and Capabilities Error! Bookmark not defined. 8.5.1 Ministry of Public Utilities, Water Resources and Rural Development Error! Bookmark not defined. 8.5.2 Ministry of Economic Planning and Budget Error! Bookmark not defined. 8.5.3 Anambra State Water Corporation Error! Bookmark not defined. 8.5.4 Rural Water Supply and Sanitation Agency Error! Bookmark not defined. 8.5.5 NGO Coalition for Transparency, Accountability & Good Governance Error! Bookmark not defined. 8.6 Future Institutional Support Needs and RequirementsError! Bookmark not defined. 8.7 State Objectives and EU Support Error! Bookmark not defined. 8.8 Conclusions and Recommendations Error! Bookmark not defined.

9. CROSS RIVER STATE...... 10 9.1 Introduction 11

4 9.2 Water and Sanitation Policy and Water Law 11 9.3 Previous Institutional Assessments – Summary and Conclusions 12 9.4 Institutional Developments 13 9.4.1 Since Last Review 2007-2010 13 9.4.2 Future Action Plan 14 9.6 Assessment of Current Institutional Capacity and Capabilities 14 9.7 Future Institutional Support Needs and Requirements 21 9.8 State Objectives and EU Support 21 9.9 Conclusions and Recommendations 22

10. GENERAL CONCLUSIONS AND RECOMMENDATIONS....Error! Bookmark not defined. 10.1 Introduction Error! Bookmark not defined. 10.2 General Conclusions Error! Bookmark not defined. 10.3 Recommendations Error! Bookmark not defined.

APPENDIX A TERMS OF REFERENCE Error! Bookmark not defined. APPENDIX B PERSONS MET AND CONSULTED...Error! Bookmark not defined. APPENDIX C VISIT PROGRAMME Error! Bookmark not defined. APPENDIX D QUESTIONNAIRE Error! Bookmark not defined. APPENDIX E REPORTS AND REFERENCES Error! Bookmark not defined.

EXECUTIVE SUMMARY

1. H

2. Background (Chapter 2)

3. Synthesis of Study Assessment (Chapter 3)

4. Kano State (Chapter 4)

5. Jigawa State (Chapter 5)

6. Yobe State (Chapter 6)

7. Osun State (Chapter 7)

8. Anambra (Chapter 8)

9. Cross River State (Chapter 9)

10. Summary Conclusions and Recommendations (Chapter 10)

5 1. INTRODUCTION AND METHOD OF APPROACH

1.1 General

This Draft Final Report presents the Assessment of Institutional Capacity in the Six Partner States (Anambra, Cross River, Jigawa, Kano, Osun and Yobe) requested by EU Delegation to Nigeria in preparation for possible further support to the water and sanitation sector under EDF 10.

The assessment forms part of the Water Supply and Sanitation Sector Reform Programme (WSSSRP) that commenced in 2004. The current 1st Phase is scheduled for completion by July 2011. The programme is financed by the European Union. The overall objective of WSSSRP is to contribute to poverty eradication, sustainable development and to achieve the Millennium Development Goals (MDG). The more specific objectives of WSSSRP are to increase access to safe, adequate and sustainable water and sanitation services in the six focal states.

The results to be achieved under WSSSRP are:

 Improved water governance at Federal level  Improved water governance at state and local government levels in the six states  Improved water service delivery in urban town areas in the six states  Water supply, sanitation and hygiene promotion services delivered in a sustainable and integrated manner in up to 1400 rural communities and 60 small towns in 25% of local government areas in the six states. The EU is considering potential future support to the partner States based on the level of sector reforms in the respective states and the ability of the sector institutions to deliver sustainable services.

1.2 Study Objectives and Main Tasks

The study objectives and main tasks are clearly set out in the Terms of Reference (Appendix A). These are summarised as follows:

Study Objectives

 To enable the EU and beneficiary States make an informed decision on modality and size of future EU support which the sector can use effectively.  To assist water sector authorities in the States and EU to decide on the size and scope of future EU support to the sector so that it is commensurate with the implementation capacity in the states.

Main Tasks

An assessment of structural and institutional factors, as well as organisational and individual actors, which enhance (or impede) water and sanitation services delivery in the States - in the following organizations:

6  Ministry or Department responsible for Water Supply and Sanitation;  Organization responsible for urban water supply (State Water Board/ Corporation);  Organization responsible for Small Town water supply (e.g. STOWA)  Agency responsible for Rural Water and Sanitation (RUWASA or equivalent)  Other Agencies established by some State governments, which have a specific water/sanitation role (e.g. RUDA in Cross River State).  State Planning offices and State budget offices.  State Ministry of Finance; State MDGs offices.  Other State offices that exist in some States that may have a role in the financial management of donor funded programmes.

Other links and inter-relationships that may be important include the activities of: (i) other international donors in the water and sanitation sector; (ii) international and national NGOs; and (iii) local civil society organisations (CSO).

1.3 Study Team

The Study Team comprised four specialists:

 International: Malcolm Summerfield, B.Sc. (Econ), M.Sc. (Econ), Team Leader  National: o Michael Olagoke Alofe, B.Sc. (Eng), M.Sc. (Eng) o Daniel Obi Okafor, B.Sc. (Eng) o Ubong Douglas Ekanem, B.Sc.

1.4 Study Programme

1.5 Report Layout

The report is divided into nine further chapters, including separate chapters for each of the six states:

Chapter 2 Background Chapter 3 Synthesis of Study Assessments Chapter 4 Kano State Chapter 5 Jigawa State Chapter 6 Yobe State Chapter 7 Osun State Chapter 8 Anambra State Chapter 9 Cross River State Chapter 10 General Conclusions and Recommendations

The report is also supported by the following appendices:

Appendix A Terms of Reference Appendix B Ministries and Organisations Met and Consulted Appendix C

7 Appendix D Appendix E Reports and References

1.6 State Location in Nigeria

The location of the six states in the north and the south is illustrated in Figure 1.

Kano Jigawa Yobe

Cross River Osun

Osun Anambra Cross River

Fig. 1 EU - WSSSRP 6 focus States

8 2. BACKGROUND

2.1 Introduction

2.2 WSSRP Support Programme

2.3 Water and Sanitation Sector in Six States

2.4 Institutional Capacity Development

9 3. SYNTHESIS OF STUDY ASSESSMENTS

3.1 Introduction

3.2 Study Investigations - Summary

3.3 Main Results by State

 Kano State –

 Jigawa State –

 Yobe State –

 Osun State –

 Anambra State –

 Cross River State –

10 4. CROSS RIVER STATE

Executive Summary This is the report of a study/investigation visit to Cross River State as part of the assessment of capacity of Ministries, Departments and Agencies in the Water Supply and Sanitation sector. The study was carried out from 13th to 17th September 2010.

This is a follow-up to the inception visit to the State carried out by the study/investigation team appointed by European Commission Delegation to carry out assessment of the relevant institutions in the sector in the six EU focal states including Cross River State. The team is to assess the achievements of the relevant Agencies in the Water Supply and Sanitation sector especially from 2007 to 2010 to determine capabilities of the institutions to carry on further reform programmes effectively and sufficiently and to guide EU to make an informed decision of the extent of EU support required by the institutions under the 10th EDF that is commensurate to what they have been able to achieve within the period.

Strengths and weaknesses of relevant Institutions and their future needs which would help EU make an informed decision on their requirements based on their achievements, availability of reform parameters or conditions such as would enable realistic reforms to take place are given in the Report. Such parameters are good governance, existence of umbrella Ministry with adequate and capable personnel; existence of water policy and water law; monitoring and evaluation; general awareness and sensitization and enabling environment.

However, most of the enabling framework is yet to be in place. The Water and Sanitation Policy is still only in draft form, but is programmed for submission to the State Executive Council by October 2010. It is reported that that drafting of the Water Law has commenced and will include: (i) new Ministry of Water Resources; (ii) a regulation commission; (iii) all urban water supplies will come under the State Water Board; and (iv) continuing decentralisation of community water supply operations. Preparation of the implementation is expected to commence by October, with completion by year-end or early next year. The proposed new Ministry of Water Resources and regulation authority will require effective institutional support if Cross River’s continuing development of the water and sanitation sector is to progress.

Cross River State has also benefited from the involvement of other international donor agencies (e.g. World Bank and African Development Bank) which has enhanced local capabilities in terms of: (i) sector development and separation of powers; (ii) importance of sustainable operational and financial performance; (iii) procurement procedures; and (iv) benefits of access to alternative financing sources. Nevertheless, the involvement of the private sector needs to involve more transparency and competition to generate more effective benefits. There is a Public- Private Partnership (PPP) arrangement between Cross River State Water Board Limited and Messrs Ortech Limited to manage the functional schemes in Calabar, Akamkpa and Ugep/Ediba constructed under ADB-assisted Water Supply Project.

11 The existing ties among the component institutions in the sector is loose. There is no specific Ministry assuming the responsibility of coordination of Water Supply and Sanitation in the State. The Ministry of Works that is supposed to be playing the role through its Department of Water Resources is not really functional as the Water Supply Organizations personnel are stronger than the Ministry. At present, it is the Department for International Donor Support (DIDS) that is coordinating activities in the water sector and in the other sectors. 4.1 Introduction

The main assessment of the institutional capacity building and capabilities of Kano State forms part of the WSSSRP which, EU and FGN, in 2004 agreed to co-finance the implementation of the reform programme. The first part of the reform programme started in 2005 and is scheduled to end in July 2011.The reform programme is to contribute to poverty eradication, sustainable development and the achievement of MDGs. The specific objective of WSSSRP is to increase access to safe, adequate and sustainable water and sanitation service in the focal state. The programme is to achieve:

 Improved water governance in the state, 5 LGAs, 8 small towns and 138 rural communities in the selected LGAs of Cross River State  Improved water services delivery and  Improved water supply, sanitation and hygiene promotion services delivered in a sustainable and integrated manner in 138 rural communities in the selected 8 small towns in 5 LGAs of Cross River State.

At the State level, programme management is provided through the State Technical Unit (STU) located in the State. The rural water supply and sanitation component of WSSSRP is managed by UNICEF through EU contribution agreement with UNICEF.

The assessments are based on information collected from the relevant Organizations, interviews conducted for some of the key management personnel and other sector players. The assessment and recommendations which follow will address the requirements of the Terms of Reference.

4.2 Water and Sanitation Policy and Water Law

Cross River State Final draft water and sanitation policy (July 2010); Implementation strategy not yet drafted. Draft Water law is expected in Nov.2010. Objectives:

 Water and Sanitation Policy for the State was drafted in July 2010 but is yet to be approved. The new policy is expected to facilitate promulgation of water law and establishment of institutional and economic reforms in the sector that will lead to improved water governance at the State and Local Government levels and improved access to safe, adequate and sustainable water supply services for the people of Cross River State. The major highlights of the policy are:

 Establishment of the Cross River State Ministry of Water Resources that will take over the functions of the Department of Water Resources of the Ministry of Works regarding Water Resources Policy formulation & analysis, Planning, as well as Monitoring & Evaluation

 Itemization of cost sharing arrangement for capital Investments and Operation and maintenance cost of projects financed by Government agencies and External

12 Support Agencies

 Establishment of the Cross River State Water Regulatory Commission.

 Expansion of the mandate of the CRSWBL to cover provision of water supply not only to urban areas but also small towns

 Autonomy to the Rural Water Supply and Sanitation Agency. Its activities should be coordinated by the Ministry of Water Resources rather than submerged under the Rural Development Agency

 The RWSS functions of RUDA should be transferred to RUTWASSA.

 Laws setting up the Development Agencies for the Urban towns of Calabar, Ogoja, Obudu and Ugep should be reviewed to expand their mandates to include water related sanitation

 The Cross River State Local Government Law needs to be reviewed to support establishment of WESCOMs, Water User Associations and give legitimacy to their functions.

4.3 Previous Institutional Assessments – Summary and Conclusions

State Water and Sanitation Policies and Laws

Cross River State is yet to produce a State Water and Sanitation Policy. In essence, there are no clear and definite policy statements on key sector objectives and targets, institutional arrangements, financing, role of state and local governments, communities and service providers, cost-recovery tariffs and subisidies etc.

Institutional Structure

Service delivery agencies.  The Cross State Water Board Ltd (CRSWBL): In charge of water supply services delivery to urban and semi-urban areas and conduct of researches  Rural Water Supply and Sanitation Agency (RUWATSSA): Responsible for provision of water to rural areas.

Supervisory Ministries  Ministry of Works (Department of Water Resources): Responsible for facilitating access to adequate and affordable clean water supply to all citizens in the State and also for planning, formulation of Urban & Rural Water Supply policies.  Ministry of Finance is in charge of fiscal matters and handles agreements with the Ministry of Justice on behalf of the State Government. Projects/Programmes for Water Supply and Sanitation that need funding pass through this Ministry.  Ministry of Local Government Affairs (MLGA) is responsible for policies that affect the local government administration in the State. It holds monthly allocation meetings during which money meant for RUWATSSA is allocated.  State Planning Commission (SPC) is responsible for meeting the planning needs of the State and it is the host of the State’s statistics and also coordinates all Donor Agencies. The Special Adviser is the State Authorizing Officer on WSSSRP  Ministry of Environment is in charge of the solid waste generated in Calabar. It is also in charge of erosion control and supposed to be involved in water quality

13 control but not much has been done in this aspect. It also made a move to register all private borehole owners with a view to monitoring the quality of water.

Other institutions  LGAs: All the LGAs have WES Department. The Department ensures that Community Water & Sanitation facilities provided are in good shape. They also carry out hygiene sensitization and training of the Communities.  Cross River Basin Development Authority (CRBDA): Federal Agency for management of Cross river basin.  INGOs/NGOs: These have all intervened in the provision of water to the rural communities. Due to lack of policy, NGOs have no guidelines to inform their work.  Private Sector Operators: The few private sector providers in the WSS Sector in the State provide water in tankers for construction companies and industrial sites.  External Support Agencies support the service delivery agencies either in direct service delivery improvement or in capacity building to improve effectiveness.

Assessment of Institutional Framework

 Lack of coordinating Ministry for Water Supply and Sanitation sector  Edicts establishing the WSS institutions gave very wide functions, Conflicting roles and duplicated mandates to CRSWBL and RUWATSSA.  Dearth of human capacity in the WSS Sector due to inadequate training.  Lack of maintenance culture as equipment and vehicles are allowed to rot.  Lack of technical skills, poor management of resources, epileptic power supply amongst others.

Recommendations/Conclusions  Identification of institutional leader i.e. Oversight Ministry by Establishment of a Ministry responsible for water resources with oversight of all institutions  Preparation of a State Water Policy  Limiting the role of RUWATSSA to facilitation, regulation and monitoring and evaluating the impact of rural WSS programmes  Role and Mandate of CRS Water Board should be limited to the provision of water supply to urban areas and small towns  Review of Water Board edict to ensure that duties of a regulatory nature are removed and passed on to the proposed CRS Regulatory Commission  Government should enact appropriate legislation to establish a State Regulatory Commission in line with the National Water Policy and WIMAG.  Encouragement of private sector participation in the sector  Deliberate involvement of more women in the decision-making and management of WSS sector from the State level down to community level  Shift from a supply-driven approach to a demand-driven approach  Institutions to see themselves as facilitators and regulators

4.4 Institutional Developments

4.4.1 Since Last Review 2007-2010

 Draft State Water and Sanitation Policy prepared.  Drafting of Water law in progress  Programme partnership Agreement was signed between the State and State NEWSAN chapter for WSS sector reform Programme in June 2008

14  The Water Board has an on-going PPP Management contract with Messrs Ortech Limited  Establishment of Rural Development Agency (RUDA) in 2008.  Department of International Donor Support (DIDS) was carved out of State Planning Commission for Donor coordination. The Special Adviser is the State Authorizing Officer on WSSSRP.  Medium Term Expenditure Framework (MTEF) introduced in all MDAs as part of strategic planning processes.  Institutionalization of a Donor Coordination platform for partners in the state and Coordination of Counterpart funds  Harmonization of baseline studies and evaluation of the impact of projects and identification of gaps  Monitoring of the utilization of Donor funds to create a balance in coordination.  Coordination of Policy formulation  Establishment of WASH departments across the 18 LGAs of the State with a view to bring service delivery closer to the communities and promote decentralized implementation  Building good interface with donor partners and collaborating effective in achieving set targets and as well entrenching sustainability of programmes  Guinea worm endemicity in the State brought down from 3,444 cases in 1988 to 0 case since 2007 to date.  Instituting a paradigm shift in programme delivery towards community management of programmes with resulting ownership and sustainability

4.4.2 Future Action Plan

 Institutional re-engineering to begin with defining roles and responsibilities in each organization from top to bottom  Institutional Reform in the water and sanitation sector  Having reliable power and secure financial sector  Strategic Plans for the future based on the newly available arrangements of private sector participation legitimized by new laws  Further consensus building information sessions to be held with the State stakeholders, especially the political and executive levels, in order to assist them to visualize the new structures and their implications.  Advocacy for change and for reforms  Embargo should be lifted on recruitment of staff especially in the State Water Board to replace those that have resigned or retired and to ensure that the Establishment is adequately staffed.  Commencement of the process of change management to sustain momentum gained through the adoption of new policies and laws.  Visioning exercise to establish roles and responsibilities of new structures, and to scope out the HR implications.  Need for change management external to the organizations, in terms of public information and education, and ongoing  Involvement of the general public in the reform process as they are affected by changes to water service delivery  It is important to have the necessary framework in place  Structured training, retraining and re-skilling for all grades of staff should be introduced.

9.6 Assessment of Current Institutional Capacity and Capabilities

15 9.6.1 Ministry of Works – Department of Water Resources

The Ministry of Public Utilities was the oversight body for the WSS sector until 29th May 2007. Its functions have now been transferred to the Ministry of Works. The main mission of the ministry, carried out through the Department of Water Resources is to facilitate access to adequate and affordable clean water supply to all the Citizens of the State in a sustainable manner. The Department is involved in the co- ordination, monitoring, harnessing and exploitation of the water resources potential of the State. Also, Planning & Formulation of urban and Rural Water Supply policies; Supervision and co-ordination of activities and performance of Cross River State Water Board (CRSWBL) and Rural Water Supply & Sanitation Agency (RUWATSSA); Mobilization and advocacy on water supply & sanitation facilities

The entire functions are aimed at improving access to safe potable water for domestic, industrial and agricultural purposes for urban and rural dwellers in the State. A Ministry that should provide the leadership and direction on policy matters as it affects WSS Sector, capacity manpower is absolutely necessary.

Individuals have been training themselves by attending part-time programmes. For the Department no official training programmes was organized for the WSS Sector. The Department needs assistance in the area of:

 Capacity building and logistics  Inadequate staffing  Weak structure for monitoring and evaluation.

9.6.2 Ministry of Finance

The Ministry of Finance is in charge of fiscal matters. It handles agreements and MOU with Ministry of Justice on behalf of the State. The Ministry is headed by a Commissioner and assisted by Permanent Secretary. He is assisted by Directors who are heads of Departments. The Commissioner together with the Accountant General of the State attend the monthly statutory federal allocation meetings where funds are shared monthly to the States and the 18 (eighteen) Local Govt Councils of the State.

The Ministry of Finance works closely with the Budget Department towards the Annual Budget. Fund allocation for all Capital projects pass through the Ministry of Finance. Projects/Programmes for Water Supply and Sanitation that need fund also pass through this Ministry.

9.6.3 Ministry of Local Government Affairs

Ministry of Local Government Affairs is responsible for making policies that affect the Local Government Councils in the State. All policy issues as they relate to Local Govt Councils to the Governor or the Executive Council pass through this Ministry. The Ministry holds monthly allocation meetings where statutory allocation from the Federation Account is shared. It is during such meetings that the money meant for RUWATSSA is given to it for water supply and related activities. The same is for the training vote and pension funds.

The Ministry regulates the operations of activities in the Local Government since they control finances of the Local Government Areas. The Ministry of Local Govt plays central role in ensuring that returns are made to show that projects/programmes are

16 carried out for some other money to be allocated. The Ministry holds interactive sessions occasionally with stakeholders and all issues related to WSS Sector normally feature.

The Ministry is headed by Commissioner, who is a political appointee and a member of the Executive Council. He is assisted by a Permanent Secretary who is administrative Head and assisted by Directors who head the various Depts. During our interviews, the International Consultant with the National Consultant met with Commissioner, who was supportive of what the WSSSRP was doing to improve the living standard of the people by providing potable drinking water and reducing poverty. He promised that his Ministry was ready to work with the WSSSRP to its final end.

9.6.4 State Planning Commission

The State Planning Commission is responsible for meeting the planning needs of the State. The State Planning Commission is headed by the Economic Adviser, who is a member of the Executive Council. The Economic Adviser is assisted by a Secretary who is equivalent of a Director. The Commission has the structure of a Ministry with those key Departments of Administration, Accounts, Planning, Research & Statistics etc. All planning officers in the State Civil Service are pooled by the Commission from where they are posted to different Ministries. The Commission also controls Statisticians in the State.

The State Planning Commission in collaboration with other Govt Agencies anchored the production of CR – SEEDs documents in keeping with NEEDs and drawn from the Millennium Development Goals (MDGs). It also assisted the Local Govt Councils to produce their LEEDs documents. The Commission works closely with the Budget Dept and Due Process Office which also has a Special Adviser as the Head. The place of WSS Sector in the economy is part of the sectorial issues which come into the development of these interactions.

9.6.5 Department for International Donor Support

The Department of International Donor Support (DIDS) was carved out from the State Planning Commission and its main functions and responsibilities include the following, among others: Sourcing for and coordination of Donor funds for implementation of WS&S programmes/projects.

Achievements of the Department so far include:  Institutionalization of a Donor Coordination platform for partners in the state  Harmonization of baseline studies  Evaluation of the impact of projects and identification of gaps  Monitoring of the utilization of Donor funds to create a balance in coordination.  Coordination of Counterpart funds

The Special Adviser is the State Authorizing Officer in Cross River State in respect of WSSSRP.

9.6.6 Ministry of Environment

17 The Ministry of Environment plays important role in the water sector. In Cross River State the Ministry is in charge of the Solid Waste generated in the State Capital. It also works with the urban development Authorities in Calabar, Ugep, Ikom and Ogoja. The Ministry is also in charge of erosion control and the planting of trees, grasses and flowers for the beautification of the State and for erosion control.

Although the Ministry is supposed to be involved in the quality control of water, not much has been in this aspect of its functions. The Ministry has recently made a move to register all private borehole owners with a view to knowing the quality of water.

The Ministry is headed by a Commissioner, assisted by a Permanent Secretary. It has Directors who man the various Departments for easy administration and proper functioning.

9.6.7 Cross River State Water Board Limited

The Cross River State Water Board Limited (CRSWBL) was incorporated in 1998. However, as Water Board, it was established by edict No. 13 of 1975. The Board was constituted mainly to:

 Establish, control, manage and develop new water works and to extend and develop existing ones for the purpose of providing water to meet the individual and domestic needs of the State.  Ensure that adequate and potable water is supplied to the consumers at economic charges, and  Conduct such researches as are necessary for the fulfilment of the above functions.

The Water Board has a Board of Directors headed by a chairman with other five Board members. The management team comprises of the Managing Director/Chief Executive, and the Heads of the Five (5) Departments, namely: (i) Personnel/Administration; (ii) Production; (iii) Planning Research & Statistics; (iv), Accounts; and (v) Operations. The management team is responsible for the day to day running of the company while the Board of Directors concentrate on Policy issues. The Water Board Chairman operates almost as a full time chairman. Reporting to the supervisory Ministry does not actually work in practice. In fact, at the Board, the supervisory Ministry is not represented.

The Cross River State Water Board is well-staffed with the appropriate mix of disciplines. Through its partnership with Messrs Ortech Nigeria Ltd and Ortech UK, CRSWBL has organized many short-term training programmes lasting between two weeks to one month in the WSS sector for their staff both within and outside the Country. The Federal Ministry of Water Resources Training School – National Water Resources Institute, Kaduna and the Cross River State Ministry of Works Training School are institutions that have been useful in the training of the middle manpower needed in this sector and organization.

The Civil Service Commission still assists the Board in recruiting staff. Training needs analysis carried out in 1997 revealed that apart from staff who either are self- sponsored for long-term degree programmes or those that were recruited with their degrees, most of the courses undertaken by the partners are short term. Although there were some budgetary provisions, nothing was released to the Board for training. Staff appraisal is carried out annually, although emphasis is placed on performance appraisal when staff are due for promotion.

18 The objectives of commercialization gave rise for the public-private partnership (PPP) arrangement, signed in 2003. Under the arrangement, Messrs Ortech Nigeria Ltd and Ortech UK have been contracted to manage the functional schemes in Calabar, Akamkpa and Ugep/Ediba constructed under the AfDB-funded Water Supply Project. Messrs Ortech Nigeria Ltd as the contractor, CRS Water Board Ltd as the client and Cross River State Government as Guarantor. The involvement of the private sector in this Business was aimed at guaranteed sustainability, more efficient operation and the realization of the Board’s commercial objectives.

 About 9,000 household connections have been made and meters installed through which payment is made by consumers through the Bank  The PPP service delivery is very reliable, according to the management of the Board. Water supply in the three locations in the State is very regular  Production is powered by diesel-driven generators; power from PHCN is used as standby, and this is highly expensive.

9.6.8 Rural Water Supply and Sanitation Agency

Cross River State Rural Water Supply Agency (RUWATSA) was established by Edict No.6 of 1991. In order to expand the scope of operation, the Agency was merged with Catholic Relief Service (CRS)/ UNICEF assisted Water and Sanitation Project (WATSAN) in 1997. Following the merger, RUWATSSA’s mandate expanded to include additional responsibility of providing sanitation services to all rural communities. In March 2004, the Cross River State Executive Council granted approval for the restructuring of the Agency with the following mandate and responsibilities:

. Manage, coordinate and regulate the delivery of rural water supply and sanitation within the State . Work in partnership with other sector players to promote integrated service delivery within the rural WSS sub-sector . Build capacity and provide support to Local Authorities in WASH services delivery . Promote improved hygiene and sanitation practice . Support, strengthen and enhance community project management

RUWATSSA has 5 main Departments: (i) Administration, Finance and Supply; (ii) Water Supply and Quality Control; (iii) Project Monitoring and Evaluation; (iv) Hygiene Education, Sanitation & Engineering; and (v) Workshop Maintenance. Other Units are Audit, Services and Due process that are attached to the Office of the Special Adviser and are intended to ensure good governance and reduce the incidence of corruption.

The State Agency and 5 LGA WASH departments now have improved systems for programme planning, monitoring and evaluation through skills and experiences gathered from the following activities and outputs: Communities’ baseline survey and action plan, Hygiene baseline survey, Knowledge, Attitude and Practice (KAP) Survey and LGA-Wide inventory and GIS Mapping of water supply and sanitation facilities, among others

Weaknesses . Lack of comprehensive framework for services delivery . Overlapping mandates in WASH delivery . Weak collaboration amongst players

19 . Sector policy on water supply and sanitation is yet to be finalized . No lead ministry with overall responsibility for water supply and sanitation in the State . Inadequate investment within the sector

9.6.9 Rural Development Agency

The Rural Development Agency (RUDA) was established in 2008 to strengthen and complement the efforts in the rural water supply and sanitation through the mainstreaming of integrated development. The Agency is to “undertake the development and maintenance of rural infrastructure including feeder roads, rural water supply, rural health and educational infrastructure”.

Under the Rural Development Agency, the Agency shall have the following structure: (a) A Joint Consultative Board and (b) Administrative Structure

The Joint Consultative Board shall have the Governor as Chairman and the Chairmen of all Local Government Councils in the State as members. The Chairman and members shall function in an advisory and consultative capacity and shall not be entitled to any remuneration. The Board shall equally discuss general policy directions for the Agency and advise the management of the Agency on the implementation of programmes.

The functions of the Agency are to:

 Undertake the development and maintenance of rural infrastructure including rural feeder roads, rural water supply facilities, rural health and educational infrastructure.  Mobilize rural communities to enhance their participation in, and cooperation with agencies involved in, rural development  Liaise with other Agencies concerned with the provision of rural infrastructure and other amenities, and  Carry out such other functions as the Governor may, from time to time, direct the Agency to undertake.

Among the strengths of the Agency are: Existence of skilled manpower and structures at all levels, empowerment of the rural dwellers.

Difficult hydrological conditions of some LGAs and abuses and mismanagement of public facilities are some of the problems being encountered. The Agency has 6 departments each headed by a Director and RUWATSSA headed by a Programme Manager under it. These are: (i) Administration and Legal Affairs; (ii) Finance; (iii) Rural Roads; (iv) Education; (v) Water Supply; (vi) Health; and (vii) RUWATSSA.

9.6.10 Cross River Basin Development Authority

The Cross River Basin Development Authority (CRBDA) is a Federal body responsible for issues relating to water resources management within the Cross River Basin. The CRBDA was established by Decree No.35 of 1987, with the following key functions:

 Undertake comprehensive development of both surface and underground water resources for multipurpose use with particular emphasis on the provision

20 of irrigation infrastructure and the control of floods and erosion and for water shed management  Construct, operate and maintain dams, dykes, wells, boreholes, irrigation and drainage system, and to hand over all lands to be cultivated under the irrigation scheme to the farmers  Develop and keep up-to –date comprehensive water resources master plan, identifying all water resources requirements through adequate collection and collation of water resources, water use, socio-economic and environmental data of the River Basin

9.6.11 National Civil Society Network on Water and Sanitation

The National Civil Society Network on Water and Sanitation (NEWSAN) is the umbrella body of CSOs in the State. The body’s staff members are largely volunteers and they are up to 45 skilled persons from the 45 registered members. NEWSAN has the following functions:

 Conduct hygiene baseline surveys and up-scaling in the remaining LGAs.  Training of community WASHCOM and Volunteer Hygiene Promoters;  Triggering of Community Led Total Sanitation;  Facilitation of community self selection process  Working with other stakeholders to review/ draft the CRS Water Supply and Sanitation Policy.

NEWSAN signed a memorandum of understanding with Cross River State, CRS Rural Water Supply and Sanitation Agency (RUWATSSA) and WSSSRP STU to work in the implementation of WSSSRP activities such as Hygiene baseline survey, community hygiene promotion, triggering of community Led Total sanitation

Accomplishments: Strengthening of the network with strong leadership and administrative structure; Capacity building for members of the network; Strong linkage with parent body at the national level; Contribution in state policy development and in particular being part of a study tour to Ghana on water policy; participated at national development and representing the national level at international programme.

Weaknesses – The major weaknesses are inadequate funding and lack of office accommodation  Lack of skills in monitoring and evaluation, development of fundable proposals in the water, sanitation and hygiene projects,  Lack of skills in development of advocacy messages, policy development, good governance, office accommodation, and sustainability strategies.

9.6.12 Budget Transparency and Accountability Network

The Budget Transparency and Accountability Network (BTAN) is the umbrella body of CSOs in good governance and accountability. The body has been dealing with EU-SRIP in its operations, mainly: (i) enhancement of transparency, accountability and improved service delivery; and (ii) improvement of socio-economic conditions through strengthened monitoring of resource allocation to service delivery.

Incorporation of work-plan into the provision of ongoing guidance and support to communities

21 Future Development plans

RUWATSSA . Institutionalization and scaling up of the experiences of WSSSRP towards the development of a full scale sector framework for service delivery . Finalize the ongoing efforts in the development and ratification of a Sector Policy . Promote increased networking amongst sector players and strengthening of mechanisms for collaboration . Creation/ assignation of a State institution with overall responsibility for water resources . Promotion of innovative financing mechanism towards expanding investments in the WASH sector . Increased sensitization and advocacy thereby promoting reform mindedness . Development and streamlining of plans and targets along with upholding of resolutions . Strengthening and upholding stakeholders’ participation with transparency and accountability in programme delivery processes . Research and Development of alternative and affordable water supply options in areas with difficult geology

NEWSAN . Building the capacity of community members on water, sanitation and hygiene; . Facilitating the provision of water facilities to communities; . Facilitating registration of WCAs and WASHCOMs with CAC or the state agencies . Advocacy on policy development and reform issues; . Scaling up of WASH in school; Promotion of CLTS; Research, Survey & Studies; . Participatory program planning, monitoring & evaluation, etc.

9.7 Future Institutional Support Needs and Requirements

 Change Management  Capacity building of the Water institutions e.g. WASHCOM, WCA to function as institutions that can support service delivery in the water sector.  Survey on the determination of appropriate pricing regarding water tariff.  Advocacy  Sensitization of politicians and Senior State Officials.  Private sector participation  Support to CSOs working in the water and budget sector  Strengthening of capacity regarding Donor recipient account monitoring  Bench marking- strengthening of the state’s absorptive capacity  Tracking of performance capacity of Donor partners.  Support the research on water agencies towards the attainment of the MDGs with regards to coverage and impact study.  Business Planning  O&M maintenance procedures and planning for Institutions.  Putting in place emergency response mechanism with regards to the outbreak of infections as a result of water issues  funding the implementation process.  issues relating to watershed and climate change related to water management

9.8 State Objectives and EU Support

22 In keeping with the NEEDS, the SEEDS document developed by Cross River State Government emphasized the need to provide safe drinking water all over the State by 2010, and to bring environmental and water pollution in communities under control, and to foster private sector participation in environmental management.

The major policy objectives are: i) improved water quality and quantity; ii) water supply reliability; iii) aggressive revenue drive; and iv) continuous expansion of water supply to meet increasing demands. In order to achieve the policy thrust of Government to provide access to safe drinking water for all and to eradicate the scourge of water borne diseases,

CRS government has identified the following strategies:

 Investment in water supply and rehabilitate existing dams for domestic and industrial use through partnership with private sector and other donor agencies of water supply scheme.  Maintenance of existing water supply schemes/systems.  Capacity building for the rural Community to enable them maintain and sustain the schemes, monitor progress and prepare reports.

9.9 Conclusions and Recommendations

As a result of absence of a strong coordinating Ministry, the efforts of the State Government are not really showing as each of the sector establishments does its things in its own way leading to duplication of efforts. But for the roles of DIDS and WSSRP, the sector would have been in disarray. Efforts should be intensified to put appropriate machinery in place to ensure that the policy implementation guidelines are prepared and Water law is drafted and passed soonest so that the coordinating Ministry is in place and the Regulatory commission formed. At present, DIDS appears to be playing a coordinating role in the sector.

The WSSSRP TA can usefully be drawn upon to assist the State through a visioning process that will assist in developing Strategic Plans for the future based on the envisaged arrangements to be legitimised with the passing of the water law. Further consensus building information sessions need to be held with the State stakeholders, especially the political and executive levels, in order to assist them to visualise the new structures and their implications. Advocacy for change and for reforms that will allow progress by the current poorly performing water sector to be made is an important task for the coming year(s).

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