Leveraging the Right Responsibilities for Sanitation in South Asia South Asia Regional Learning Event Mark Ellery | 10th November, 2016

Session 3 Country Roles & Responsibilities

Bangladesh Summary of Sanitation Functions What is the responsibility of the other tiers of government for sanitation? Which tier of government is responsible for sanitation service provision? ??? Central Regions (7) Sub-districts (484) Union parishads (4,553) CCs (14) Districts (64) Paurashava (319) Rural Wards (54,636) Urban Wards (8,412) ??? ??? ???

Municipal Instruments to Ensure Quality Identify & describe 3 public instruments that could most significantly influence the safety of sanitation service provision in your context? # INSTRUMENT DESCRIPTION Example By-laws Local laws for local problems Law preventing the discharge of faecal waste in open drains Planning Approval Approval to construct Approval to install a latrine that meets sanitary standards No Objection Certificate Authorization of legitimate works Sanitary inspection of compliance to the approved standard License to Operate O&M standards for service delivery License specifying the standards for sewage treatment plants Quid-pro-quo “I will do this, if you do that” Orangi Pilot Project component sharing model Tariffs Rates for regulated services Set sewage / drainage / faecal waste dumping fees Rebates ‘Money back’ for meeting quality standards Rebate for installing a handwashing device near the latrine Tax Breaks Reduce barriers to formalizing of providers Reducing taxes on providers of sanitary wares Loans Enable providers to access credit Enable entrepreneurs to invest in sanitation Quality Mark Increased the market share of high quality providers Placing a quality stamp on high quality products Rewards Recognition of exemplary performance Reward open defecation free communities Access / Usage Rights Authorization to access resources / locations Allow rag-pickers access to transfer sites Fee Waivers Reduce the connection costs for the poor Reduce the sewer connection changes for the poor Amnesty Agree not to prosecute for a compliance failure Incentive for households to disconnect from open drains Trade License Authorization to perform a qualified activity Licensing of masons / plumbers to meet minimum standards Fines Penalty for a failure to meet standards On the spot fines for open defecation

Gov’t Who is the Government? Separate government’s role of ensuring sanitation rights for all … above all of the agents that provide services to the underserved Gov’t Gov’t sets & evaluates, enables & enforces quality of service standards on all providers within its jurisdiction Ensurer Collect ↔ Store ↔ Transport ↔ Treat ↔ Test ↔ Protect Joint Ventures The primary role of citizens & their government is to ensure that no-one (including future generations) is excluded from the consumption of a minimum quality of sanitation services (demand side). This is separate from and above the role of providers (public & private, community & household) that provide services to the underserved (supply side). From a theoretical perspective, there is never just one provider of sanitation services. The thousands of households (i.e. tail-end providers) are the most important providers in both determining the impact and driving the accountability of all other providers in the service delivery chain. From a practical perspective, leveraging existing providers to meet basic quality, quantity, accessibility and affordability criteria is going to be far more effective than trying to displace existing providers with government provision. Bidders Utilities Co-ops NGOs CBOs House- holds Companies Firms Providers Citizen Consumers

Which Government Tier is responsible for Rural Sanitation Service Provision? Gov’t Gov’t sets & evaluates, enables & enforces quality of service standards on all providers within its jurisdiction CBOs Co-ops House- holds Companies Joint Ventures Firms Utilities NGOs Ensurer Providers Bidders Market Licensing Social: Norms, public education, quid-pro-quo Legal: Planning Approval, NoC, O&M license Competitive Contracts Short: Lease, M/C, S/C, labour Long: BOOT, concession, staff Asset ownership

The Decentralization Option Regulate Failure State Multiple ministries set & evaluate, enable & enforce non-excludable standards within their mandate on LGs LG sets & evaluates, enables & enforces quality of service standards on all providers within its jurisdiction: through contracts (LG owns assets) or licenses (LG doesn’t own assets) License Compliance LG Decentralization does increase complexity as multiple ministries must hold local government (LG) accountable to policy targets while LG holds multiple providers accountable to quality of service criteria. Decentralization can also simplify relations, because ministries only need to hold LGs accountable to non-excludable standards (i.e. where LGs ensure a minimum quality of service for all). Manage Services Joint Ventures House- holds Bidders Utilities Co-ops NGOs CBOs Companies Firms

Governance Framework Ensure Provide Government is responsible to ensure sanitation rights for all Authority Legislature Responsibility Executive Compact Voice Ensure Citizens/clients Poor Non-Poor Nil-exclusion Providers Household Private Community Public Client Power Provide Social, labour & financial resources allocated to provide sanitation services to the underserved 2 1 Market Licenses Competitive Contracts Arbitration Judiciary Putting this together … means that there is always BOTH the short route of accountability AND the long route of accountability (i.e. this is never an either / or situation). The doctrine of the separation of powers divides the institutions of government into three branches: legislative, executive and judicial: the legislature makes the laws; the executive executes the laws; and the judiciary adjudicates on the laws. The separation of the ensuring role of government from the providing role of markets, suggests a further separation between the executive and all of the providers (public or private, community or household) that is exercised through either market licenses or competitive contracts.

Structure of Government LEGISLATIVE EXECUTIVE GoB Unicameral (300 directly elected + 50 reserved seats for women allocated proportionally to the parties) for 5 years Westminster (1 Prime Minister by majority + Cabinet of 78 elected Ministers) President appointed as Head of State 1 Centre (160 mill. pop.) District District Council of 7 directly appointed party representatives Deputy Commissioner (Joint Secretary appointed from the administration cadre of Bangladesh Civil Service) 64 Districts (≈ 2.5 million pop.) Upazila Indirectly appointed (all rural Chairs + all urban Mayors + ⅓ women members) for 5 years Presidential (Directly elected Chair + 2 Vice-Chairs incl. 1 female) UNO appointed from BCS 490 Upazilas (≈ 330,000 population) Municipal Directly elected (9 ward members + 3 female seats for 3 wards) 4,553 Union Parishads (≈ 25,000 pop.) 14 Cities and 319 Pourashavas Presidential (Directly elected rural Chair & urban Mayor) Ward 8,412 Urban Wards (≈6,500 pop.) 54,636 Rural Wards (≈2,000 population) STRUCTURE

Assignment of Roles for Sanitation Dejure Roles & Responsibilities Representation Legislative Authority Policy Standards Planning Top-down plans Balance plans Bottom-up plans Capital Creation Financial Capital Physical Capital Social Capital Human Capital O&M Operations Maintenance HRM M&E Monitoring Evaluation Functions National Assembly Union Council Upazila Council

Assignment of Roles for Sanitation Dejure Roles & Responsibilities Executive Responsibility Representation Legislative Authority Policy Standards Planning Top-down plans Balance plans Bottom-up plans Capital Creation Financial Capital Physical Capital Social Capital Human Capital O&M Operations Maintenance HRM M&E Monitoring Evaluation Functions National Assembly Union Council Upazila Council Excreta Waste water Solid waste Hygiene LGD MoEnv LGD MoH LGD MoEnv LGD MoH Chair Chair Chair Chair Chair Chair Chair Chair MoF MoF MoF MoF Chair Chair Chair Chair Chair Chair Chair Chair MoEst MoEst MoEst MoEst Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair Chair DPHE LGED LGED MoH Services

Rural Sanitation Functional Assignment in Bangladesh Compliant Union Parishad Service Providers Government of Bangladesh Regulate Failure License Compliance CBOs Co-ops House- holds Companies SoE Firms NGOs Upazila Target provision to the underserved Dept’s Multiple ministries set & evaluate, enable & enforce standards on all Departments, Local Governments, SoEs and Service Providers. Upazila offices plan and design, build and deliver capacity services targeted to the underserved across municipalities ???? Municipalities enable & enforce quality standards on all WSS asset managers via. contracts (Municipality owns assets) or licenses (Municipality doesn’t own assets). arbitration: Village Courts / Standing Committees adjudicate on compliance against quality commitments Arbitration: Regulatory Commissions / Environmental Courts adjudicate on compliance versus commitments State Owned Enterprises (BMDA, WASAs, LDAs) rely on pay-for-use services from consumer / providers Bidders MoE&F MoL MoPW&H MoWR MoLGRD&C MoAg MoH Licenses Contracts State Owned Enterprises Staff Rules Citizen / Consumers MoH: Ministry of Health; MoLGRD&C: Ministry of Local Government, Rural Development and Co-operatives; MoE&F: Ministry of Environment & Forrest; MoPW&H: Ministry of Public Workd & Housing; MoWR: Ministry of Water Resources; MoAg: Ministry of Agriculture; MoL: Ministry of Land; BMDA: Barind Multipurpose Development Authority; LDA: Local Development Authority; WASA: Water and Sewerage Authority; Secure Integrated Sufficient Safe Efficient Sustainable

Water/sanitation roles & responsibilities Bureaucracy 7 Standing Committees Standing 13 Standing National Assembly Legislature UP Council Poura. Council Upazila Parishad UP Chair Poura. Mayor ACR 9 ward members 3 female members Executive 1 Chair UPZ Chair Vice-Chairs APR Prime Minister All UP Chairs Pourashava Mayors 2 Vice-Chair (1 male + 1 female) 1/3 females of UPs & Pouras Citizens Representation: Legislative & Executive Roles Rules Government of Bangladesh Policy Maker Upazila Parishad Targeted provision to the underserved UP Sec. 300 members Cabinet Law Policy Union Parishad & Pourashava Ensure services for all By-Laws Judiciary Village Courts Local Courts Central Courts draft discussion note for comments

Summary of Sanitation Functions ??? Central Regions (7) Sub-districts (484) Union parishads (4,553) CCs (14) Districts (64) Paurashava (319) Rural Wards (54,636) Urban Wards (8,412) ??? ??? ???

SESSION 4 What role should CSOs play?

Identify 3 actions that CSOs to strengthen & scale-up government instruments for sanitary compliance ??

Thank you