The Human Right to Water Implementation Aspects from Kenya Thank you for the invitation to present some outcomes of the human rights approach in the Kenyan water sector. The aspects mentioned in this presentation are all based on a case study that was carried out by Mr. Khalfan and the human rights sector project within GTZ and are just a selection of aspects. Before the study was carried out, we questioned ourselves what the outcomes would be like. And to be honest, we were not really sure which implications the study would have. The main question was… gtz Competence Centre Water 17.11.2018

Human Right to Water – a new approach in German DC ? Definition of ACCESS MDG-Monitoring versus Human Rights Approach 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 Does the human right to water require a new approach in water sector projects of the German Development Cooperation? We found the answer by taking a look at the definition of access – this might sound strange when you first hear it, but having experienced lots of problems in the different gtz-projects with the definition of access according to the MDG Monitoring, the question of how people should be supplied in terms of access, affordability, reliability and sustainability of services is a very central one More details: see extra-slides But implementation is difficult and needs time!  weak information basis, lack of capacity on all levels The Human Right to Water is complementing pro-poor approaches in German Development Cooperation rather than redefining them ! 17.11.2018

Human Right to Water – implementation aspects Policy Level Regu-lation Pro-Poor Funds Pro-viders Water Users Do-nors NGO‘s Pro-Poor Implementation Plan 1) Policy Level: ... 2) Regulation: ... 3) … So far, efforts in many projects focus only on one or two levels in realising the HR to Water, mostly of course on the policy level. But implementation means concrete activities on different levels with various stakeholders in the sector. Therefore, we need a consistent national pro-poor implementation plan The implementation of the Human Right to Water needs a consistent implementation plan including all stakeholders in the water sector ! 17.11.2018

Implementation on Policy Level Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Policy Level NGO‘s Water Users Pro-Poor Funds 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 Important activities on the policy level include: … Challenges remaining: Capacity on community level is lacking – provide a forum for their voice and enable them to articulate their needs Better communication of reforms, especially to the poor More strategic cooperation with civil society organisations Sanitation is still a tremendous challenge due to unclear responsibilities, strategies, difficulties of technologies etc. Large-scale implementation of the HR approach needs clear political commitment and backing from the national government ! 17.11.2018

Implementation on Regulation Level Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Regulation NGO‘s Water Users Pro-Poor Funds 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 WSP’s 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 Monitoring and Evaluation of the implementation of the HR to Water is in the first place in the interest of the partner country itself!  support the establishment of an information system for benchmarking of WSP’s which includes information on the service delivery to the poor. Guidelines on water quality, complaint mechanisms for the poor Regulation is a powerful tool to establish, enforce and monitor nation-wide standards on service provision to the poor ! 17.11.2018

Implementation on Provider Level Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Providers NGO‘s Water Users Pro-Poor Funds 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 “name and shame” Providers need a sticks & carrots approach to extend services to the poor – a strong incentive system as well as comparative competition ! 17.11.2018

Establishment of Pro-Poor Funds Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Pro-Poor Funds NGO‘s Water Users Pro-Poor Funds 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 In Kenya, the WSTF is still in the process of establishing standards and pilot projects to prepare large-scale implementation of funds that will be coming from 2008 on (EU WF, KfW, other donor agencies) 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 ! 17.11.2018

Implementation on Water User Level Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Water Users NGO‘s Pro-Poor Funds 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 Lack of capacity to articulate their needs is still a big challenge in consumer participation, esp. in regard to the poor Formal participation in decision-making processes doesn‘t enable consumers to articulate their needs – capacity building is important ! 17.11.2018

Implementation on Donor and NGO Level Do-nors Policy Level Pro-viders Regu-lation Human Right to Water – Donors & NGO’s NGO‘s Pro-Poor Funds 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 Channel water sector investments through the national pro-poor basket fund Donors and NGO‘s can play an important role in the Human Rights discussion – on the political and the operational level ! 17.11.2018

Human Right to Water – Do’s and Don’ts Solely rely on MDG standards in your projects as they don’t 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) 3. This is not an easy task: how do you monitor aspects like affordability, water quality, accessibility? 17.11.2018

EXTRA SLIDES 17.11.2018

Joint Monitoring Programme (UNICEF & WHO) 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 JMP hat das Mandat, das Wasser MDG zu monitoren The data collected for JMP come from two main sources: assessment questionnaires and household surveys. 17.11.2018

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 % < 50 % (HBS) This gap causes confusion and can mislead decision makers in policy and planning 17.11.2018

Protected wells in urban areas (JMP) = sustainable access to safe drinking water (MDG) ? 17.11.2018

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 17.11.2018

sustainable access to safe drinking water? Source: JMP Homepage 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 Tanzania is not the only country, where neighbourhood sales are counted as “improved sources”. Wherever information is available separately on neighbourhood sales in the region, they are counted as “improved sources”. E.g. Zambia and Mozambique. 17.11.2018