“We all want the same thing. We want a world C. de Albuquerque where everyone has access to sanitation and water. Catarina de Albuquerque We want a world where people do not get sick from UNITED NATIONS SPECIAL RAPPORTEUR the water they drink or make other people sick ON THE HUMAN RIGHT TO SAFE DRINKING WATER AND SANITATION with because they are forced to defecate in the open. Virginia Roaf The good news is that we can do this.” CATARINA DE ALBUQUERQUE, STATEMENT AT THE FIRST CONSULTATION ON POST-2015 MONITORING OF DRINKING WATER AND SANITATION, BERLIN, MAY 2011. ON THE RIGHT TRACK Defining, analysing, assessing and presenting good practices Good practices in realising the has been a challenging rights to water and sanitation but uplifting task for the UN Special Rapporteur on the human right to safe drinking water and sanitation. Through her work, she has found that increased participation, the strengthening of accountability and removal of discriminatory practices is transforming the landscape and making the rights to water and sanitation a reality. rights to water and sanitation Good Practices in realising the She has encountered optimism and determination within communities, local and national government, and international organisations, as well as the vision of a better world where all people, including those who are traditionally excluded, have access to water and sanitation services. Entidade Reguladora dos Serviços de Águas e Resíduos GO TO CONTENTS ON THE RIGHT TRACK Good practices in realising the rights to water and sanitation GO TO CONTENTS The views expressed in this book are those of the United Nations Special Rapporteur on the right to safe drinking water and sanitation. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Special Rapporteur concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The Special Rapporteur welcomes requests for permission to reproduce and translate this book in part or in full. Applications and enquiries should be addressed to Special Rapporteur (srwatsan@ ohchr.org), who will be glad to provide the latest information on any changes made to the text. ON THE RIGHT TRACK Acknowledgements Good practices in realising the This book has benefited from the support of many institutions and friends. I acknowledge with thanks the many organisations, experts, contributors and peer reviewers, whose commitment and rights to water and sanitation dedication have made this book possible. Main contributors: 1. Virginia Roaf 2. Lucinda O’Hanlon Catarina de Albuquerque 3. Inga Winkler UNITED NATIONS SPECIAL RAPPORTEUR 4. Robert Painter ON THE HUMAN RIGHT TO SAFE DRINKING WATER AND SANITATION 5. Daniel Spalthoff with Editorial team Virginia Roaf An external editorial team composed of experts in key components of water and sanitation, including lawyers, economists and engineers, provided detailed reviews of the book. I warmly thank the editorial team members for their voluntary contribution of time and expertise. Members included 1. Jaime Baptista, Director, ERSAR 2. Mara Bustelo, OHCHR 3. Girish Menon, Director of International Operations, WaterAid 4. Peter van Maanen, independent consultant Institutional details are provided for identification purposes only. Responsibility for the final version of the text rests with the authors. Commentators I am also very grateful to all those who have commented on all or some of the book. They include: Manuel Alvarinho, David Alves, Cristián Arellano, Ferdinandes Axweso, Jamie Bartram, Francesca Bernardini, Ned Breslin, Mara Bustelo, Hilda Coelho, Jane Connors, Michel Cornelis, Aladji Dieng, Alan Etherington, Carolina Fairstein, Richard Franceys, Samuel Gonga, Frank Greaves, Leila Harris, Sarah House, Khairul Islam, Patricia Jones, Ashfaq Khalfan, Thorsten Kiefer, Daniele Lantagne, Fernanda Levenson, Rolf Lujendijk, Therese Mahon, Amanda Marlin, Sharmila Murthy, Pradip Nandi, Anton Novac, Donal O’Leary, Patrick Onyango, Archana Patkar, Cynthia Phiri, Meg Satterthwaite, Dibalok Singha, Hakan Tropp, Natalia Uribe, Claudia Vargas, Johan van der Colf, Roland Werchota and Mark Williams. Donors I also warmly thank the Governments of Spain and Germany and ERSAR for their financial support of this book. GO TO CONTENTS On the Right Track: Good practices in realising the rights to water and sanitation TABLE OF CONTENTS Contents 103 Chapter 3: Implementation 105 Introduction 02 Acknowledgements 106 DISCUSSION BOX 3.1: Human rights based approach and the rights 07 Foreword: UN Secretary General Ban Ki-Moon to water and sanitation 09 Foreword: HRH Willem Alexander, Prince of Orange 109 3.1 Rural areas 11 Preface: UN Special Rapporteur, Catarina de Albuquerque 110 DISCUSSION BOX 3.2: Supply-led vs. demand-driven: the 15 Abbreviations human rights implications 115 DISCUSSION BOX 3.3: The environment and the rights to water and sanitation 17 Introduction 118 DISCUSSION BOX 3.4: Prioritising water for personal and domestic use 27 DISCUSSION BOX 0.1: Human right or human rights to water and sanitation? 121 3.2 Deprived urban areas 30 DISCUSSION BOX 0.2: Human rights and the Millennium Development Goals 125 DISCUSSION BOX 3.5: Land tenure and the rights to water and sanitation 128 DISCUSSION BOX 3.6: Urban Community Led Total Sanitation 43 Chapter 1: Legal and institutional frameworks 132 DISCUSSION BOX 3.7: Addressing the needs of informal settlements 45 Introduction – conventional vs. low-cost alternatives 48 DISCUSSION BOX 1.1: The UNECE Protocol on Water and Health 134 DISCUSSION BOX 3.8: The centrality of community engagement 51 1.2 National legal frameworks: laws, regulations and regulators 136 DISCUSSION BOX 3.9: Levels of service: shared toilets 53 DISCUSSION BOX 1.2: South Africa: Operationalising constitutional 137 3.3 Water quality and statutory provisions 139 3.4 Hygiene promotion 58 DISCUSSION BOX 1.3: Regulation of urban informal service provision 141 DISCUSSION BOX 3.10: Human rights obligations with respect to hygiene 61 DISCUSSION BOX 1.4: Disconnection for non-payment 142 3.5 Non-discrimination 62 1.3 National policies, planning and programming 145 DISCUSSION BOX 3.11: Non-discrimination: Equality versus equity 64 DISCUSSION BOX 1.5: The centrality of national planning: 148 DISCUSSION BOX 3.12: Sanitation workers Namibia’s National Sanitation Strategy 150 3.6 Emergency situations 65 DISCUSSION BOX 1.6: Water sector reform in Kenya 152 3.7 Schools, health institutions, and other public buildings and places 67 Conclusion 153 DISCUSSION BOX 3.13: Access in all spheres of people’s lives 155 3.8 Capacity building, advocacy and awareness-raising 73 Chapter 2: Financing and budgeting 162 DISCUSSION BOX 3.14: Levels of participation 75 Introduction 164 3.9 Research and education 78 DISCUSSION BOX 2.1: Why financing sanitation is often a distinct issue 167 3.10 Third party responsibilities 79 2.1 Sources of financing 168 DISCUSSION BOX 3.15: Corporate social responsibility (CSR) and human rights 80 2.2 Household contributions 169 Conclusion 83 DISCUSSION BOX 2.2: Overview of subsidy mechanisms 88 DISCUSSION BOX 2.3: Targeting subsidies 175 Chapter 4: Accountability 91 DISCUSSION BOX 2.4: Providing water and sanitation services for free 177 Introduction 92 2.3 Targeted budget allocations 179 4.1 Monitoring 94 DISCUSSION BOX 2.5: Transparent budgeting and fragmentation 185 DISCUSSION BOX 4.1: Global, national and local monitoring 95 2.4 International transfers 189 DISCUSSION BOX 4.2: Community engagement in monitoring 97 DISCUSSION BOX 2.6: Conditionalities, tied-aid and debt 192 4.2 Dispute resolution 98 Conclusion 194 4.3 Formal adjudication 201 4.4 Good governance and transparency 203 DISCUSSION BOX 4.3: How can human rights assist in combating corruption? 206 DISCUSSION BOX 4.4: Decentralisation 207 Conclusion 213 Conclusion 221 Selected Bibliography 4 5 GO TO CONTENTS FOREWORD BY UN Secretary-General Ban Ki-moon The important advances of 2010, when the United Nations General Assembly and the Human Rights Council recognised the human right to water and sani- tation, provide a solid legal framework for Governments and the UN system alike. Water and sanitation are central to the achievement of development goals, result- ing in a momentum that helps to focus the attention on these sectors that they urgently need. It is not acceptable that close to half of all people in developing countries are suffering from health problems caused by poor water and sanitation, or that slum- dwellers pay five or even ten times as much for their water as wealthy residents of the same cities, or that more than one billion people in rural communities live without toilets and have to defecate in the open. The task now is to translate this commitment into specific obligations – both at international and national levels. This is not an easy task that lies ahead, there are doubtless challenges that we cannot foresee, but it is crucial to set the framework to protect those who are least able to protect themselves. This unique book initiated and authored by the UN Special Rapporteur on the right to safe drinking water and sanitation, Ms. Catarina de Albuquerque, offers solutions, ideas and pragmatic examples of legislation, policies, programmes, advocacy approaches and accountability mechanisms to demonstrate how the rights are becoming reality for the excluded, forgotten and the voiceless. TECHNICAL EDITING Bettina Myers GRAPHIC DESIGN Patrícia Proença It is inspiring and thought-provoking to discover examples of what States, PRINTING & BINDING Textype PRINT RUN 2000 copies UN agencies, service provides, civil society organisation and other stakeholders ISBN 978-989-8360-09-0 can achieve by working together, aiming at addressing discrimination, ensuring LEGAL DEPOSIT 340 098/12 Lisbon, February 2012 that services are affordable to the poorest, and ensuring that children are able to 7 GO TO CONTENTS fulfil their potential, by remaining healthy, and attending school, and that women and girls can be empowered and achieve equality.