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HUMAN RIGHTS BASED
APPROACH TO LOCAL
WATER GOVERNANCE
By: LENNY ROSE P. MUCHO, Ed.D
PARTICIPANTS SHOULD BE ABLE
TO ARRIVE AT A COMMON
UNDERSTANDING OF HUMAN
RIGHTS IN GENERAL, AND THE
RIGHT TO WATER, IN PARTICULAR,
AS THESE RELATE TO LOCAL
WATER GOVERNANCE .
Learning Objective
Outline
 The Basics of Human Rights
 HRBA to Local Water Governance
HRBA Framework
Actors
Premises
Principles and Practice
What are Human Rights?
 Freedoms and entitlements
 Legally enforceable claims
 Norms, rules, limits and checks on state
action and action of others
 Ends and means to achieve human life with
dignity
Where do Human Rights Come
From?
 Inherent dignity of every person
 1987 Philippine Constitution
 International bill of human rights
(UDHR, ICCPR, ICESCR)
 Major human rights instruments
(DecHRD, CERD, CEDAW, CRC, CAT, CMW, CPD)
What are Characteristics of
Human Rights?
• Universal – belong to everyone,
everywhere
• Interdependent and Indivisible
• Inalienable
• Nondiscriminatory and Equal
• Some rights are absolute; others may be
suspended under strict conditions and for
limited times
Actors in Human Rights Based
Local Water Governance
 Claimholders
 Responsible exercise of right
to water and sanitation
 Vulnerability
 Non-homogeneity
 Duty Bearers
 Obligations of
Conduct and Result
Water and Dignity
 Permeate every aspect of
human life
 Water can determine
whether or not we live in dignity:
 Impact of water and
sanitation , its impact on hunger,
poverty, health, education, culture
and environment
 Impact of water and sanitation on women
and children
Different Approaches to Water
 Water as Economic Good
 Value of water to user (maximum amount user
willing to pay)
 Cost of water (use cost and opportunity cost)
 Balance value and cost
 Water as Social Good
 Water to benefit largest number of people in
largest possible way
 Water is “free”
Different Approaches to Water
 Water as Natural Resource
 Water no longer renewable resource (predicted
to be scarce)
 Country’s water resources extremely vulnerable
to climactic events
 Changes in rainfall and temperature
 Affects water availability (projected insufficiency
to meet present and future demands for water)
Power and Water
 Those who have power determine who
benefits and who is excluded from water and
sanitation services and facilities
 Those who have power decide how water and
sanitation services and facilities are allocated
 Tariffs
 Service Levels and Modalities
 Disconnections
 Quality
Focus on Human Person
 Claimholders as central subjects, active
participants, owners or local water governance
 Full respect for human rights without discrimination
 Humane treatment, individualized assistance, best
interest of the child, FPIC for indigenous peoples
 Attention to most vulnerable: women, children,
indigenous peoples, persons with disabilities, older
persons, persons living with HIV, persons living in
poverty
Legal Basis
 Water recognized as human right in
international human rights instruments and
Philippine laws
 Recognition either IMPLICIT or EXPLICIT
Legal Basis- Explicit Recognition
 CRC- Convention on the Rights of the Child
 CEDAW-Convention on the Elimination of all
Forms of Discrimination against Women
 CPD- Convention of Persons with Disabilities
 Mar de Plata Declaration, 1977
 Programme of Action of International
Conference on Population and Development,
Cairo, 1994
 Agenda 21, 1992
Legal Basis- Implicit Recognition
 UDHR
 ICCPR
 ICESCR
 CERD
 Stockholm Declaration, 1972
 Alma-Ata Declaration, 1978
 UN GA Resolution 35/1980
 UN Principles for Older Persons, 1991
 Rio Declaration on Environment and Development, 1992
 Habitat Agenda, 1996
 Rome Declaration on World Food Security, 1996
 Johannesburg Plan of Implementation of the World Summit on
Sustainable Development, 2002
Legal Basis – Philippine Law
 1987 Constitution - NO explicit recognition;
Guarantees right to human dignity; Places
ownership, full control and supervision of water
resources in the State
 Magna Carta of Women - Guarantees right to enjoy,
use and manage water resources within
communities or ancestral domains
 Philippine Clean Water Act of 2004 - Promotes
public health and improved quality of life
 Ecological Solid Waste Management Act of 2000 -
Protects public health and environment
Legal Basis – Philippine Law
 National Water Crisis Act of 1995 - Protects health
and wellbeing; guarantees rights to adequate food
and work
 Code on Sanitation in the Philippines - Protects and
promotes health; guarantees rights to adequate
food, education, work, rest and recreation and
healthy environment
 Philippine Environment Code - Protects public
health; Guarantees right to healthy environment
 Local Water District Law - Protects public health
and wellbeing; recognizes lack of access to water
as critical measure of poor wellbeing; Allows
socialized water pricing
Normative Elements
 Availability
 Physical Accessibility
 Economic Accessibility
 Information Accessibility
 Quality
 Sanitation Acceptability
AVAILABILITY
Sufficient and continuous supply of water
for personal and domestic use
Sufficient number of sanitation facilities
and associated services within or in
immediate vicinity of each household,
health or educational institution, public
place and workplace
Availability
 Philippines – abundant water supply
(groundwater reservoirs, major river basins,
major lakes, accumulated runoffs from rains)
 Only 36 % of river systems suitable sources of
water supply
 Annual renewable water resources rank the
Philippines second lowest in per capita water
availability in Asia
 Water resources unevenly distributed
 Water availability deficits projected
 Water availability risked by climate change
Physical Accessibility
 Water, water services and facilities within safe
physical reach, in immediate vicinity of homes,
schools, workplaces and health centers, and
physical security guaranteed
 Reliable sanitation facilities and services within or
immediate vicinity of home, health center, school,
public places, workplaces, accessible at all times of
day and night, with minimal risks to physical safety;
includes special facilities to address differential
needs of children, pregnant women, older persons,
persons with disabilities and those chronically ill
PHYSICAL ACCESSIBILITY
3 Levels of Service
I – Shallow/deep well or developed sprinc
II – Communal faucet system
III – Piped water directly to household
Different volumes of water collected depending on
level of service
Sewer coverage generally limited to urban or
urbanized areas
Families responsible for own/individual septic tanks
No information on incidence of violence while
accessing water and sanitation
Affordability
 Affordable water, water and
sanitation facilities and services
 Water tariffs and sanitation costs do
not threaten or compromise
realization of other human rights
Information Accessibility
 Information on water and sanitation
issues open to everyone
 Information in relevant and easily
understandable forms and media
Information Accessibility
 Functional literacy rate
 Women : 86.3%
 Men : 81.9 %
 Basic literacy rate
 Women : 94.3 %
 Men : 92.6 %
 Awareness of right to safe and clean water – 98.1 %
 Women : 97.5 %
 Men : 98.4 %
 Filipinos get information from TV and RADIO
Quality
 Safe Water
 Water of acceptable color, odor and taste
 Water free from microorganisms and other
hazards that threaten health
 Sanitation facilities hygienically
safe to use
 Sanitation facilities effective in
preventing contact with human
excreta
Quality
 58 % of groundwater contaminated with coliform
 3 main sources of water pollution (domestic,
industrial, agricultural)
 Air and water pollution and unhygienic practices
contribute to 22 % of diseases and 6 % of
deaths
 Diarrhea leading cause of death
Sanitation Acceptability
 Sanitation facilities must be culturally
acceptable
 Shared or public sanitation facilities
 Flush or pour-flush to street, yard, open sewer,
ditch etc.
 Open pit (no slab)
 Hanging toilet
 Open defecation
Two Fold State Obligations
 Obligations of CONDUCT
 What states should and should not do
 Specific course of conduct through action or
omission
 Obligations of RESULT
 Bring about specific situation, social practice or
result
 But means to achieve result not prescribed
Obligation of Progressive
Realization
Take steps to maximize available resources
towards achieving progressively full realization
of human rights by all appropriate means
•Steps must be deliberate, concrete and targeted
•Steps must be taken expeditiously and effectively
•Retrogressive measures prohibited
•Progressively extend safe sanitation services,
particularly to rural and deprived urban areas, taking
into account needs of women and children
Core Obligations
• Non-derogable
• Ensure access to minimum essential amount of
sufficient and safe water for personal and domestic
use
• Ensure non-discriminatory access to water and
sanitation
• Ensure physical access to water and sanitation
facilities and services
Obligation of Equality
• Non-derogable, primary, mandatory and
immediate
• De jure or formal equality
• De facto or substantive equality
• Notion of gender
• Does not mean equal treatment at all times;
temporary special measures
• Include and actively involve women
• Alleviate disproportionate burden women bear
in collecting water
Obligation of Non Discrimination
• Immediate and cross cutting
• Discrimination – distinction,
exclusion, restriction,
preference
• Prohibited grounds (race, color, sex, language,
religion, political/other opinion, national/social
origin, property, birth, disability, age, nationality,
marital/family status, sexual orientation, gender
identity, health status, residency,
economic/social situation, membership in group)
Obligation of Non Discrimination
• Ensure equitable allocation of water resources
and investments in water
• Provide adequate water in educational
institutions
• Address child’s burden of
collecting water
• Protect access to traditional
water sources in rural areas from
unlawful encroachment and pollution
Obligation of Non Discrimination
• Protect indigenous peoples’ access to water
resources on ancestral lands from
encroachment and unlawful pollution
• Ensure access to adequate water in evacuation
centers, prisons and detention facilities
• Provide older persons, persons with
disabilities, victims of natural disasters, persons
living in disaster-prone areas, and those living in
arid and semi-arid areas, or on small islands
with safe and sufficient water
Obligations of International
Cooperation and Assistance
 Conduct activities with due regard for human
rights of peoples of other states
 Respect right to water in other countries
 Refrain at all times from using water as
instrument of political and economic pressure
 Take steps to prevent own citizens and
companies from violating right to water
 Provide adequate water in disaster relief and
emergency assistance
Obligation to Respect
 Abstain from doing anything that interferes directly
or indirectly with right to water
 Immediate and Unconditional
 Refrain from engaging in any practice or activity that
denies or limits equal access to adequate water
 Refrain from arbitrarily interfering with customary or
traditional arrangements for water allocation
 Refrain from unlawfully diminishing or polluting
water
Obligation to Respect
 Refrain from limiting access to, or destroying, water
services and infrastructure as a punitive measure
 During armed conflicts, emergency situations and
natural disasters, protect objects indispensable for
survival of the civilian population, including drinking
water installations and supplies and irrigation
works, protect the natural environment against
widespread, long-term and severe damage and
ensure that civilians, internees and prisoners have
access to adequate water
Obligation to Protect
 Take steps to prohibit others from violating right
to water
 Prevent third parties from interfering in any way
with enjoyment of right to water
 Adopt necessary and effective legislative and
other measures to restrain third parties from
denying equal access to adequate
water, polluting and inequitably extracting from
water resources, including natural
sources, wells and other water distribution
systems
Obligation to Protect
 Where water services are operated or controlled
by third parties, prevent third parties from
compromising equal, affordable, and physical
access to sufficient, safe and acceptable water
 Establish effective regulatory system including
independent monitoring with genuine public
participation and impose penalties for non-
compliance.
Obligation to Fulfill
 Actively create conditions to fully realize all
human rights, including the right to water
 Dimensions
Facilitate
Promote
Provide
Obligation to Fulfill (Facilitate)
• Accord sufficient legal and political recognition of
right to water
• Ensure water is affordable for everyone
• Facilitate improved and sustainable access to
water, particularly in rural and deprived urban
areas
• Adopt comprehensive and integrated strategies
and programmes to ensure sufficient and safe
water for present and future generations
Obligation to Fulfill (Promote)
• Ensure appropriate education concerning
hygiene, hygienic use of water, protection of
water sources, methods to minimize water
wastage and proper sanitation
Obligation to Fulfill (Provide)
• Provide water and sanitation whenever
individuals or groups are unable to realize
their right to water by the means at their
disposal for reasons beyond their control
Human Rights Duties of Other
Actors
 Based on Ruggie Framework and Guiding
Principles on Business and Human Rights
 Respect
 Protect
 Remedy
Human Rights Duties of Other
Actors: Respect
 Avoid infringing on human rights of others
 Address adverse human rights impacts of
water and sanitation service supply
 Prevent or mitigate adverse human rights
impacts directly linked to operations, products
or services
 Adopt policy commitment to respect human
rights
 Conduct human rights due diligence
Human Rights Duties of Other
Actors: Protect
 Support policy instruments that require
companies to respect human rights and foster
a corporate culture respectful of human rights,
prevent corporate abuse
 Exercise adequate oversight, regulation and
monitoring (LGU-run WSPs)
 Promote respect for human rights by business
enterprises with which they conduct
commercial transactions (LGU)
Human Rights Duties of Other
Actors: Remedy
 Establish judicial, quasi-judicial and non-
judicial grievance mechanisms and appropriate
remedies against human rights abuse
 Non-judicial grievance mechanisms must be:
legitimate, accessible, predictable, equitable, tr
ansparent, rights-compatible, a source of
continuous learning, and based on
engagement and dialogue
Definition and Scope of Violations
 Limburg Principles on the Implementation
of the International Covenant on Economic,
Social and Cultural Rights
 Violation = Failure to comply with
obligations in Covenant
 Failure to take step it is required to take
 Failure to promptly remove obstacles
 Failure to implement right without delay it is
required to implement immediately
Definition and Scope of Violations
 Not all acts are violations
 Need to distinguish INABILITY
from UNWILLINGNESS
Acts of Commission and Omission
 Acts of Commission (Direct actions)
 Adoption of retrogressive measures incompatible
with core obligations
 Formal repeal or suspension of laws, ordinances
or policies necessary to continuously enjoy the
right to water
 Acts of Omission (Failure or omission to take
all necessary measures it is required to take)
 Failure to enforce relevant water and sanitation
laws
Violations of Obligation to Respect
 Arbitrary or unjustified disconnection or
exclusion from water services or facilities
 Discriminatory or unaffordable increases in the
price of water
 Pollution and diminution of water resources
affecting human health
Violations of Obligation to Protect
 Failure to enact or enforce laws preventing
contamination and inequitable extraction of
water
 Failure to effectively regulate and control water
services providers
 Failure to protect water distribution systems
from interference, damage and destruction
Violations of Obligation to Fulfill
 Insufficient expenditure or misallocation of
public resources resulting in non-enjoyment of
the right to water by individuals or groups
 Failure to monitor realization of right to water
(e.g., failing to identify right to water indicators
and benchmarks)
 Failure to take measures to reduce inequitable
distribution of water facilities and services
Local Water Governance
Consistent with Human Rights
 General Guidelines: PANTHER Principles
 Specific Guidelines:
 Policy Development and Reform
 Planning
 Investment Programming
 Service Delivery
 Information Dissemination
 Regulation and Monitoring
 Capacity Development
PANTHER Principles
FAO Mnemonic
 Participation
 Accountability
 Nondiscrimination
 Transparency
 Human Dignity
 Empowerment
 Rule of Law
Participation
1. Is consultation the same as participation?
2. What is desired level of participation?
3. What could possibly prevent people from
participating? How can you address this?
Accountability
1. What do you mean by “exercising right to
water responsibly?”
2. How can you promote accountability? Give
concrete examples
3. What could prevent the exercise of
accountability? How can you address this?
Nondiscrimination
1. What inherent disadvantages do
claimholders experience?
2. What prejudices, customary or other
practices should be addressed?
3. What temporary special measures can be
applied?
4. How can you avoid discrimination?
Transparency
1 What information needed?
2 In what form, language, media?
3 When should information be released?
4 How to remove the “veil of secrecy?”
5 How to avoid corruption?
Human Dignity
1 What do we mean by human dignity?
2 How should you treat your participants?
3 How can you promote human rights?
4 Safeguards or safety nets?
Empowerment
1 Describe the nature of power relations.
2 What will motivate people to act? What will
facilitate informed decisions?
3 What will prevent people from acting? How
to address this?
Empowerment
• Power as RELATIONAL Construct
• Two Models of Power
• Zero Sum
• Non-Zero Sum
• Forms of Power
• Covert or Hidden
• Overt or Visible
• Invisible
• General Approaches to Empowerment
• Agency
• Structural
Rule of Law
1. What is right of reparation?
2. How to comply with obligations arising from
right of reparation?
3. What are barriers or obstacles?
4. How to overcome barriers or obstacles?
Right of Reparation
Right of Reparation
Applying HRBA to Local Water
Governance
• Policy Development
• Policy Reform
• Planning
• Investment Programming
• Service Delivery
• Information Dissemination
• Regulation and Monitoring
• Capacity Development
Specific Guidelines:
Policy Development
• Review and harmonize Philippine minimum
policy standards for local water governance
with right to water and sanitation
• Adopt uniform service delivery standards
aligned with right to water and sanitation
• Conform disconnection policy with
following human rights standard: No one
may be deprived of the minimum essential
amount of water or of minimum access to
basic sanitation services.
Specific Guidelines:
Policy Development
• Integrate ability to pay or distinguish between
inability and unwillingness to pay in
disconnection policy
• Provide procedural protections
(notice, reminder, hearing, consultation, etc.) in
disconnection policy
• Consider setting grace periods for
payment, including accepting late payments
without additional penalties
• Adopt fair and affordable tariffs
• Integrate to pay and direct and indirect costs of
Specific Guidelines:
Policy Development
• Price water to discourage wasteful consumption
• Introduce reduced and more flexible tariffs and
payment options
• Consider and adopt other forms of payment (e.g.,
payment-in-kind in labor or skills provision,
phasing-in of connection charges over time) or
remove requirements for deposits for connection
• Avoid profiteering and price-fixing
• Consider and introduce quota allocation on credit
schemes for women to assist them in toilet
construction and water point management
Specific Guidelines:
Policy Development
Provide incentives for claimholders’ responsible
water and sanitation practices
Grant incentives to WSPs to expand coverage
Incorporate mechanisms to retain trained water and
sanitation professionals
Consider granting subsidies for health and
educational institutions to reduce possibility of
passing onto patients and students the burden of
paying for water and sanitation
• Establish cross-subsidies among industry,
agricultural and domestic use, whenever practicable
Specific Guidelines:
Policy Reform
• Formally recognize right to water and sanitation
• Address and remedy discrimination in
ordinances, regulations, policies and operating
procedures
• Pay attention to each normative element, comply
with all obligations and abide by human rights
duties and responsibilities
• Immediately repeal or amend
ordinances, regulations or policies inconsistent
with right to water and sanitation
Specific Guidelines:
Policy Reform
• Reform laws and policies relating to water
resources, water supply and sanitation to
protect and maintain indigenous peoples’ right
to water and sanitation
• Harmonize contradictory laws, ordinances,
regulations and policies
• Remedy overlapping responsibilities and
activities
Specific Guidelines: Planning
• Develop plans in accord with
PANTHER Principles; include
participatory gender assessment
• Plans must promote the realization of
the right to water and sanitation by
• Address all normative elements and
highlight corresponding obligations,
duties and responsibilities
Specific Guidelines: Planning
 Recognize and address challenges
to right to water and sanitation
(lack of middle or high-income
residents able to cross-subsidize
extension of water and sanitation
services to those living in poverty,
loss of economies of scale,
mismatch between industrial,
agricultural and domestic
characters of the municipality,
confusion of institutional national
and local roles, etc.)
 Clarify division of responsibilities
between and among duty bearers,
claimholders and other actors and
establish effective coordination
Specific Guidelines: Planning
 Define specific, measurable, attainable and
realistic objectives consistent with right to
water including accountability mechanisms
 Adopt specific, measurable, time-bound,
short, medium and long-term targets to
address each normative element
 Use incremental continuum to target
claimholders
 Base plans on disaggregated and up-to-
date indicators
 Address impact of climate change and
incorporate disaster risk reduction
measures
Specific Guidelines:
Investment Programming
 Investments in water and
sanitation should not
disproportionately favor
expensive water supply services
and facilities accessible only to
a small, privileged group
 Prioritize water and sanitation in
budgeting
 Carefully consider allocations of
resources to ensure that
sanitation receives as much
priority as water
 Set budget priorities in
compliance with principle of
non-retrogression
Specific Guidelines:
Investment Programming
 Allocate available resources
wisely and efficiently
according to institutional
responsibility
 Prioritize allocations to
provide and expand access
to those without or with
limited access to water and
sanitation
 Prioritize allocations
towards construction and
maintenance of water and
sanitation infrastructure
and facilities for families
living in poverty
Specific Guidelines:
Investment Programming
 Support construction and start-up costs of
small-scale water and sanitation facilities
Identify areas at greatest risk of contracting
water related diseases and direct resources
to those areas
 Dedicate an adequate proportion of public
resources and capacity to maintain and
improve water and sanitation facilities
 Incorporate cost and feasibility of repairing
damaged water and sanitation infrastructure
in budget
Specific Guidelines:
Investment Programming
 Review and analyze public water and
sanitation budgets to ensure equality and
nondiscrimination
 Determine inequitable resource allocations
within municipality by looking into
approximate public spending per person
among different barangays
 Conduct right to water and sanitation
impact assessments prior to entering into
any trade, debt or investment agreement
 Design, adopt and implement measures to
prevent corruption
Specific Guidelines:
Service Delivery
 Progressively ensure that everyone has
access to water and sanitation services
equitably distributed
 Pay special attention to those most
vulnerable
 Prioritize provision of water and
sanitation services to
schools, hospitals, prisons and refugee
camps
 Supply at least 20 liters of water per
person per day at an affordable cost, but
incorporate provisions to increase daily
minimum per capita quantity of water to
between 50 to 100 liters per person per
day at an affordable cost, and consider
providing minimum essential quantity of
water free of charge
Specific Guidelines:
Service Delivery
 Introduce wider range of available water and
sanitation service levels
 Establish community based water capture and
storage facilities, especially in water-scarce
areas
 Design water and sanitation facilities, taking
into account women’s uses of water and
maximizing privacy
 Design water and sanitation facilities, taking
into consideration differential requirements of
children, older persons, those chronically
ill, and persons with disabilities
Specific Guidelines:
Service Delivery
 Design water and sanitation facilities at a height
reachable by younger children and that do not
require great strength or effort to operate
 Design water and sanitation facilities at a
suitable distance from water sources to prevent
leeching into groundwater
 Design sanitation facilities no farther than 50
meters from the home to serve a maximum of 20
persons, used according to family group or
segregated by sex
 Reduce distance to water points and toilets
Specific Guidelines:
Service Delivery
 Provide lighting and electricity
along the paths to and fro water
supply and sanitation facilities
 Consider security and safety
concerns when selecting
locations for water supply and
sanitation facilities
 Where incidence of crime is
high, increase police/tanod
visibility
 Control pollution of water
resources
 Consider, adopt and implement
wastewater treatment options
and low-cost technology
Specific Guidelines:
Service Delivery
 Include drainage channels or sewerage pipes to
transport wastewater away from the community
to places where it can be treated or disposed to
avoid threats to health and damage to the
ecosystem
 Upgrade water supply facilities
 Immediately repair any damage to water and
sanitation facilities
Specific Guidelines:
Information Dissemination
 Provide full and timely information in the
language known to and used by
claimholders on:
 Level and modalities of water and
sanitation services and facilities
 Nature, eligibility and scope of subsidies
 Nature and scope of incentives
 Water quality issues
 Means to address water pollution
 Water conservation techniques
 Safe handling of water for domestic uses
Specific Guidelines:
Information Dissemination
 Provide full and timely information in the language
known to and used by claimholders on:
 Adequate sewerage, drainage and hygiene
promotion
 Stress benefits derived from water from high-
quality sources and from adequate sanitation
facilities
 Require all public and private WSPs to widely
disseminate accurate, complete and timely
information (including financial information) about
their operations, services and facilities
Specific Guidelines:
Regulation and Monitoring
 Effective and functional regulatory system
for private and public water and sanitation
service providers
 Refrain, and ensure that private persons
and organizations refrain, from interfering
with right to water and sanitation
 Require private and cooperative water and
sanitation service providers to:
 Operate in a manner consistent with the
right to water and sanitation;
Specific Guidelines:
Regulation and Monitoring
 Require private and cooperative water and
sanitation service providers to:
 Undertake human rights due diligence;
 Act in a socially responsible manner;
 Immediately inform government and the
public of any significant risks to the water
supply;
 Comply with service delivery standards and
follow all applicable water and sanitation
policies, regulations, targets and
benchmarks;
Specific Guidelines:
Regulation and Monitoring
 Require private and cooperative
water and sanitation service
providers to:
 Ensure environmentally sound
waste disposal by providing
proper connections for the
disposal of solid waste and
transporting wastewater and
solid waste to locations away
from where the communities live.
 Regulate and monitor
 Service delivery performance
and efficiency,
Specific Guidelines:
Regulation and Monitoring
 Regulate and monitor
 Charges and tariffs by water and
sanitation utilities and small-scale
service facilities, water extraction
activities,
 Water quality,
 Wastewater and solid waste treatment
and disposal,
 Water wastage,
 Water pollution
Specific Guidelines:
Regulation and Monitoring
 Regulatory and monitoring activities:
 Conduct full background check on
private WSPs
 Ensure “no one whose access to water
and sanitation may be legally curtailed
after the appropriate procedures have
been followed [is] deprived of the
minimum essential amount of water or
of minimum access to basic sanitation
services”
 Implement mechanisms if private WSP
reneges on or abandons water service
provision contract
Specific Guidelines:
Regulation and Monitoring
 Regulatory and monitoring activities:
 Establish transparent licensing (permitting)
systems to avoid excess water withdrawals
 Ensure that private sector enterprises
responsibly dispose of, and where necessary,
treat wastewater and other industrial by-
products
 Require owners and operators of health and
educational institutions and other business
establishments to ensure accessible,
continuous and reliable water and sanitation
facilities at their institutions
Specific Guidelines:
Regulation and Monitoring
 Regulatory and monitoring activities:
 Support intra-household and intra-
community water re-use or recycling
 Support sustainable agricultural
practices around water catchment areas
 Conduct periodic water sampling and
tests from water collected in households
randomly selected
 Minimize contamination of water
resources
 Reduce water wastage
 Resolve all water-related conflicts with
fairness and justice
Specific Guidelines:
Regulation and Monitoring
 Require private and cooperative water and
sanitation service providers to:
 Ensure environmentally sound waste
disposal by providing proper connections
for the disposal of solid waste and
transporting wastewater and solid waste to
locations away from where the communities
live.
 Regulate and monitor
 Service delivery performance and efficiency,
Specific Guidelines:
Regulation and Monitoring
 Regulatory and monitoring activities:
 Establish transparent licensing (permitting)
systems to avoid excess water withdrawals
 Ensure that private sector enterprises
responsibly dispose of, and where necessary,
treat wastewater and other industrial by-
products
 Require owners and operators of health and
educational institutions and other business
establishments to ensure accessible,
continuous and reliable water and sanitation
facilities at their institutions
Specific Guidelines:
Capacity Development
 Conduct human rights training and
education, particularly on the right to water
and sanitation for claimholders, duty bearers
and other actors
 Enhance capabilities of local water governance
actors to: focus on human person;
recognize, understand and address critical
water and sanitation issues; and pursue
rules, systems, processes and social
arrangements that guarantee right to water and
sanitation
 Integrate PANTHER principles in all capacity
LENNY ROSE P. MUCHO

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HRBA to Local Water Governance

  • 1. HUMAN RIGHTS BASED APPROACH TO LOCAL WATER GOVERNANCE By: LENNY ROSE P. MUCHO, Ed.D
  • 2. PARTICIPANTS SHOULD BE ABLE TO ARRIVE AT A COMMON UNDERSTANDING OF HUMAN RIGHTS IN GENERAL, AND THE RIGHT TO WATER, IN PARTICULAR, AS THESE RELATE TO LOCAL WATER GOVERNANCE . Learning Objective
  • 3. Outline  The Basics of Human Rights  HRBA to Local Water Governance HRBA Framework Actors Premises Principles and Practice
  • 4. What are Human Rights?  Freedoms and entitlements  Legally enforceable claims  Norms, rules, limits and checks on state action and action of others  Ends and means to achieve human life with dignity
  • 5. Where do Human Rights Come From?  Inherent dignity of every person  1987 Philippine Constitution  International bill of human rights (UDHR, ICCPR, ICESCR)  Major human rights instruments (DecHRD, CERD, CEDAW, CRC, CAT, CMW, CPD)
  • 6. What are Characteristics of Human Rights? • Universal – belong to everyone, everywhere • Interdependent and Indivisible • Inalienable • Nondiscriminatory and Equal • Some rights are absolute; others may be suspended under strict conditions and for limited times
  • 7.
  • 8. Actors in Human Rights Based Local Water Governance  Claimholders  Responsible exercise of right to water and sanitation  Vulnerability  Non-homogeneity  Duty Bearers  Obligations of Conduct and Result
  • 9. Water and Dignity  Permeate every aspect of human life  Water can determine whether or not we live in dignity:  Impact of water and sanitation , its impact on hunger, poverty, health, education, culture and environment  Impact of water and sanitation on women and children
  • 10. Different Approaches to Water  Water as Economic Good  Value of water to user (maximum amount user willing to pay)  Cost of water (use cost and opportunity cost)  Balance value and cost  Water as Social Good  Water to benefit largest number of people in largest possible way  Water is “free”
  • 11. Different Approaches to Water  Water as Natural Resource  Water no longer renewable resource (predicted to be scarce)  Country’s water resources extremely vulnerable to climactic events  Changes in rainfall and temperature  Affects water availability (projected insufficiency to meet present and future demands for water)
  • 12. Power and Water  Those who have power determine who benefits and who is excluded from water and sanitation services and facilities  Those who have power decide how water and sanitation services and facilities are allocated  Tariffs  Service Levels and Modalities  Disconnections  Quality
  • 13. Focus on Human Person  Claimholders as central subjects, active participants, owners or local water governance  Full respect for human rights without discrimination  Humane treatment, individualized assistance, best interest of the child, FPIC for indigenous peoples  Attention to most vulnerable: women, children, indigenous peoples, persons with disabilities, older persons, persons living with HIV, persons living in poverty
  • 14. Legal Basis  Water recognized as human right in international human rights instruments and Philippine laws  Recognition either IMPLICIT or EXPLICIT
  • 15. Legal Basis- Explicit Recognition  CRC- Convention on the Rights of the Child  CEDAW-Convention on the Elimination of all Forms of Discrimination against Women  CPD- Convention of Persons with Disabilities  Mar de Plata Declaration, 1977  Programme of Action of International Conference on Population and Development, Cairo, 1994  Agenda 21, 1992
  • 16. Legal Basis- Implicit Recognition  UDHR  ICCPR  ICESCR  CERD  Stockholm Declaration, 1972  Alma-Ata Declaration, 1978  UN GA Resolution 35/1980  UN Principles for Older Persons, 1991  Rio Declaration on Environment and Development, 1992  Habitat Agenda, 1996  Rome Declaration on World Food Security, 1996  Johannesburg Plan of Implementation of the World Summit on Sustainable Development, 2002
  • 17. Legal Basis – Philippine Law  1987 Constitution - NO explicit recognition; Guarantees right to human dignity; Places ownership, full control and supervision of water resources in the State  Magna Carta of Women - Guarantees right to enjoy, use and manage water resources within communities or ancestral domains  Philippine Clean Water Act of 2004 - Promotes public health and improved quality of life  Ecological Solid Waste Management Act of 2000 - Protects public health and environment
  • 18. Legal Basis – Philippine Law  National Water Crisis Act of 1995 - Protects health and wellbeing; guarantees rights to adequate food and work  Code on Sanitation in the Philippines - Protects and promotes health; guarantees rights to adequate food, education, work, rest and recreation and healthy environment  Philippine Environment Code - Protects public health; Guarantees right to healthy environment  Local Water District Law - Protects public health and wellbeing; recognizes lack of access to water as critical measure of poor wellbeing; Allows socialized water pricing
  • 19.
  • 20. Normative Elements  Availability  Physical Accessibility  Economic Accessibility  Information Accessibility  Quality  Sanitation Acceptability
  • 21. AVAILABILITY Sufficient and continuous supply of water for personal and domestic use Sufficient number of sanitation facilities and associated services within or in immediate vicinity of each household, health or educational institution, public place and workplace
  • 22. Availability  Philippines – abundant water supply (groundwater reservoirs, major river basins, major lakes, accumulated runoffs from rains)  Only 36 % of river systems suitable sources of water supply  Annual renewable water resources rank the Philippines second lowest in per capita water availability in Asia  Water resources unevenly distributed  Water availability deficits projected  Water availability risked by climate change
  • 23. Physical Accessibility  Water, water services and facilities within safe physical reach, in immediate vicinity of homes, schools, workplaces and health centers, and physical security guaranteed  Reliable sanitation facilities and services within or immediate vicinity of home, health center, school, public places, workplaces, accessible at all times of day and night, with minimal risks to physical safety; includes special facilities to address differential needs of children, pregnant women, older persons, persons with disabilities and those chronically ill
  • 24. PHYSICAL ACCESSIBILITY 3 Levels of Service I – Shallow/deep well or developed sprinc II – Communal faucet system III – Piped water directly to household Different volumes of water collected depending on level of service Sewer coverage generally limited to urban or urbanized areas Families responsible for own/individual septic tanks No information on incidence of violence while accessing water and sanitation
  • 25. Affordability  Affordable water, water and sanitation facilities and services  Water tariffs and sanitation costs do not threaten or compromise realization of other human rights
  • 26. Information Accessibility  Information on water and sanitation issues open to everyone  Information in relevant and easily understandable forms and media
  • 27. Information Accessibility  Functional literacy rate  Women : 86.3%  Men : 81.9 %  Basic literacy rate  Women : 94.3 %  Men : 92.6 %  Awareness of right to safe and clean water – 98.1 %  Women : 97.5 %  Men : 98.4 %  Filipinos get information from TV and RADIO
  • 28. Quality  Safe Water  Water of acceptable color, odor and taste  Water free from microorganisms and other hazards that threaten health  Sanitation facilities hygienically safe to use  Sanitation facilities effective in preventing contact with human excreta
  • 29. Quality  58 % of groundwater contaminated with coliform  3 main sources of water pollution (domestic, industrial, agricultural)  Air and water pollution and unhygienic practices contribute to 22 % of diseases and 6 % of deaths  Diarrhea leading cause of death
  • 30. Sanitation Acceptability  Sanitation facilities must be culturally acceptable  Shared or public sanitation facilities  Flush or pour-flush to street, yard, open sewer, ditch etc.  Open pit (no slab)  Hanging toilet  Open defecation
  • 31. Two Fold State Obligations  Obligations of CONDUCT  What states should and should not do  Specific course of conduct through action or omission  Obligations of RESULT  Bring about specific situation, social practice or result  But means to achieve result not prescribed
  • 32. Obligation of Progressive Realization Take steps to maximize available resources towards achieving progressively full realization of human rights by all appropriate means •Steps must be deliberate, concrete and targeted •Steps must be taken expeditiously and effectively •Retrogressive measures prohibited •Progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account needs of women and children
  • 33. Core Obligations • Non-derogable • Ensure access to minimum essential amount of sufficient and safe water for personal and domestic use • Ensure non-discriminatory access to water and sanitation • Ensure physical access to water and sanitation facilities and services
  • 34. Obligation of Equality • Non-derogable, primary, mandatory and immediate • De jure or formal equality • De facto or substantive equality • Notion of gender • Does not mean equal treatment at all times; temporary special measures • Include and actively involve women • Alleviate disproportionate burden women bear in collecting water
  • 35. Obligation of Non Discrimination • Immediate and cross cutting • Discrimination – distinction, exclusion, restriction, preference • Prohibited grounds (race, color, sex, language, religion, political/other opinion, national/social origin, property, birth, disability, age, nationality, marital/family status, sexual orientation, gender identity, health status, residency, economic/social situation, membership in group)
  • 36. Obligation of Non Discrimination • Ensure equitable allocation of water resources and investments in water • Provide adequate water in educational institutions • Address child’s burden of collecting water • Protect access to traditional water sources in rural areas from unlawful encroachment and pollution
  • 37. Obligation of Non Discrimination • Protect indigenous peoples’ access to water resources on ancestral lands from encroachment and unlawful pollution • Ensure access to adequate water in evacuation centers, prisons and detention facilities • Provide older persons, persons with disabilities, victims of natural disasters, persons living in disaster-prone areas, and those living in arid and semi-arid areas, or on small islands with safe and sufficient water
  • 38. Obligations of International Cooperation and Assistance  Conduct activities with due regard for human rights of peoples of other states  Respect right to water in other countries  Refrain at all times from using water as instrument of political and economic pressure  Take steps to prevent own citizens and companies from violating right to water  Provide adequate water in disaster relief and emergency assistance
  • 39. Obligation to Respect  Abstain from doing anything that interferes directly or indirectly with right to water  Immediate and Unconditional  Refrain from engaging in any practice or activity that denies or limits equal access to adequate water  Refrain from arbitrarily interfering with customary or traditional arrangements for water allocation  Refrain from unlawfully diminishing or polluting water
  • 40. Obligation to Respect  Refrain from limiting access to, or destroying, water services and infrastructure as a punitive measure  During armed conflicts, emergency situations and natural disasters, protect objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protect the natural environment against widespread, long-term and severe damage and ensure that civilians, internees and prisoners have access to adequate water
  • 41. Obligation to Protect  Take steps to prohibit others from violating right to water  Prevent third parties from interfering in any way with enjoyment of right to water  Adopt necessary and effective legislative and other measures to restrain third parties from denying equal access to adequate water, polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems
  • 42. Obligation to Protect  Where water services are operated or controlled by third parties, prevent third parties from compromising equal, affordable, and physical access to sufficient, safe and acceptable water  Establish effective regulatory system including independent monitoring with genuine public participation and impose penalties for non- compliance.
  • 43. Obligation to Fulfill  Actively create conditions to fully realize all human rights, including the right to water  Dimensions Facilitate Promote Provide
  • 44. Obligation to Fulfill (Facilitate) • Accord sufficient legal and political recognition of right to water • Ensure water is affordable for everyone • Facilitate improved and sustainable access to water, particularly in rural and deprived urban areas • Adopt comprehensive and integrated strategies and programmes to ensure sufficient and safe water for present and future generations
  • 45. Obligation to Fulfill (Promote) • Ensure appropriate education concerning hygiene, hygienic use of water, protection of water sources, methods to minimize water wastage and proper sanitation Obligation to Fulfill (Provide) • Provide water and sanitation whenever individuals or groups are unable to realize their right to water by the means at their disposal for reasons beyond their control
  • 46. Human Rights Duties of Other Actors  Based on Ruggie Framework and Guiding Principles on Business and Human Rights  Respect  Protect  Remedy
  • 47. Human Rights Duties of Other Actors: Respect  Avoid infringing on human rights of others  Address adverse human rights impacts of water and sanitation service supply  Prevent or mitigate adverse human rights impacts directly linked to operations, products or services  Adopt policy commitment to respect human rights  Conduct human rights due diligence
  • 48. Human Rights Duties of Other Actors: Protect  Support policy instruments that require companies to respect human rights and foster a corporate culture respectful of human rights, prevent corporate abuse  Exercise adequate oversight, regulation and monitoring (LGU-run WSPs)  Promote respect for human rights by business enterprises with which they conduct commercial transactions (LGU)
  • 49. Human Rights Duties of Other Actors: Remedy  Establish judicial, quasi-judicial and non- judicial grievance mechanisms and appropriate remedies against human rights abuse  Non-judicial grievance mechanisms must be: legitimate, accessible, predictable, equitable, tr ansparent, rights-compatible, a source of continuous learning, and based on engagement and dialogue
  • 50. Definition and Scope of Violations  Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights  Violation = Failure to comply with obligations in Covenant  Failure to take step it is required to take  Failure to promptly remove obstacles  Failure to implement right without delay it is required to implement immediately
  • 51. Definition and Scope of Violations  Not all acts are violations  Need to distinguish INABILITY from UNWILLINGNESS
  • 52. Acts of Commission and Omission  Acts of Commission (Direct actions)  Adoption of retrogressive measures incompatible with core obligations  Formal repeal or suspension of laws, ordinances or policies necessary to continuously enjoy the right to water  Acts of Omission (Failure or omission to take all necessary measures it is required to take)  Failure to enforce relevant water and sanitation laws
  • 53. Violations of Obligation to Respect  Arbitrary or unjustified disconnection or exclusion from water services or facilities  Discriminatory or unaffordable increases in the price of water  Pollution and diminution of water resources affecting human health
  • 54. Violations of Obligation to Protect  Failure to enact or enforce laws preventing contamination and inequitable extraction of water  Failure to effectively regulate and control water services providers  Failure to protect water distribution systems from interference, damage and destruction
  • 55. Violations of Obligation to Fulfill  Insufficient expenditure or misallocation of public resources resulting in non-enjoyment of the right to water by individuals or groups  Failure to monitor realization of right to water (e.g., failing to identify right to water indicators and benchmarks)  Failure to take measures to reduce inequitable distribution of water facilities and services
  • 56. Local Water Governance Consistent with Human Rights  General Guidelines: PANTHER Principles  Specific Guidelines:  Policy Development and Reform  Planning  Investment Programming  Service Delivery  Information Dissemination  Regulation and Monitoring  Capacity Development
  • 57. PANTHER Principles FAO Mnemonic  Participation  Accountability  Nondiscrimination  Transparency  Human Dignity  Empowerment  Rule of Law
  • 58. Participation 1. Is consultation the same as participation? 2. What is desired level of participation? 3. What could possibly prevent people from participating? How can you address this?
  • 59. Accountability 1. What do you mean by “exercising right to water responsibly?” 2. How can you promote accountability? Give concrete examples 3. What could prevent the exercise of accountability? How can you address this?
  • 60. Nondiscrimination 1. What inherent disadvantages do claimholders experience? 2. What prejudices, customary or other practices should be addressed? 3. What temporary special measures can be applied? 4. How can you avoid discrimination?
  • 61. Transparency 1 What information needed? 2 In what form, language, media? 3 When should information be released? 4 How to remove the “veil of secrecy?” 5 How to avoid corruption?
  • 62. Human Dignity 1 What do we mean by human dignity? 2 How should you treat your participants? 3 How can you promote human rights? 4 Safeguards or safety nets?
  • 63. Empowerment 1 Describe the nature of power relations. 2 What will motivate people to act? What will facilitate informed decisions? 3 What will prevent people from acting? How to address this?
  • 64. Empowerment • Power as RELATIONAL Construct • Two Models of Power • Zero Sum • Non-Zero Sum • Forms of Power • Covert or Hidden • Overt or Visible • Invisible • General Approaches to Empowerment • Agency • Structural
  • 65. Rule of Law 1. What is right of reparation? 2. How to comply with obligations arising from right of reparation? 3. What are barriers or obstacles? 4. How to overcome barriers or obstacles?
  • 68. Applying HRBA to Local Water Governance • Policy Development • Policy Reform • Planning • Investment Programming • Service Delivery • Information Dissemination • Regulation and Monitoring • Capacity Development
  • 69. Specific Guidelines: Policy Development • Review and harmonize Philippine minimum policy standards for local water governance with right to water and sanitation • Adopt uniform service delivery standards aligned with right to water and sanitation • Conform disconnection policy with following human rights standard: No one may be deprived of the minimum essential amount of water or of minimum access to basic sanitation services.
  • 70. Specific Guidelines: Policy Development • Integrate ability to pay or distinguish between inability and unwillingness to pay in disconnection policy • Provide procedural protections (notice, reminder, hearing, consultation, etc.) in disconnection policy • Consider setting grace periods for payment, including accepting late payments without additional penalties • Adopt fair and affordable tariffs • Integrate to pay and direct and indirect costs of
  • 71. Specific Guidelines: Policy Development • Price water to discourage wasteful consumption • Introduce reduced and more flexible tariffs and payment options • Consider and adopt other forms of payment (e.g., payment-in-kind in labor or skills provision, phasing-in of connection charges over time) or remove requirements for deposits for connection • Avoid profiteering and price-fixing • Consider and introduce quota allocation on credit schemes for women to assist them in toilet construction and water point management
  • 72. Specific Guidelines: Policy Development Provide incentives for claimholders’ responsible water and sanitation practices Grant incentives to WSPs to expand coverage Incorporate mechanisms to retain trained water and sanitation professionals Consider granting subsidies for health and educational institutions to reduce possibility of passing onto patients and students the burden of paying for water and sanitation • Establish cross-subsidies among industry, agricultural and domestic use, whenever practicable
  • 73. Specific Guidelines: Policy Reform • Formally recognize right to water and sanitation • Address and remedy discrimination in ordinances, regulations, policies and operating procedures • Pay attention to each normative element, comply with all obligations and abide by human rights duties and responsibilities • Immediately repeal or amend ordinances, regulations or policies inconsistent with right to water and sanitation
  • 74. Specific Guidelines: Policy Reform • Reform laws and policies relating to water resources, water supply and sanitation to protect and maintain indigenous peoples’ right to water and sanitation • Harmonize contradictory laws, ordinances, regulations and policies • Remedy overlapping responsibilities and activities
  • 75. Specific Guidelines: Planning • Develop plans in accord with PANTHER Principles; include participatory gender assessment • Plans must promote the realization of the right to water and sanitation by • Address all normative elements and highlight corresponding obligations, duties and responsibilities
  • 76. Specific Guidelines: Planning  Recognize and address challenges to right to water and sanitation (lack of middle or high-income residents able to cross-subsidize extension of water and sanitation services to those living in poverty, loss of economies of scale, mismatch between industrial, agricultural and domestic characters of the municipality, confusion of institutional national and local roles, etc.)  Clarify division of responsibilities between and among duty bearers, claimholders and other actors and establish effective coordination
  • 77. Specific Guidelines: Planning  Define specific, measurable, attainable and realistic objectives consistent with right to water including accountability mechanisms  Adopt specific, measurable, time-bound, short, medium and long-term targets to address each normative element  Use incremental continuum to target claimholders  Base plans on disaggregated and up-to- date indicators  Address impact of climate change and incorporate disaster risk reduction measures
  • 78. Specific Guidelines: Investment Programming  Investments in water and sanitation should not disproportionately favor expensive water supply services and facilities accessible only to a small, privileged group  Prioritize water and sanitation in budgeting  Carefully consider allocations of resources to ensure that sanitation receives as much priority as water  Set budget priorities in compliance with principle of non-retrogression
  • 79. Specific Guidelines: Investment Programming  Allocate available resources wisely and efficiently according to institutional responsibility  Prioritize allocations to provide and expand access to those without or with limited access to water and sanitation  Prioritize allocations towards construction and maintenance of water and sanitation infrastructure and facilities for families living in poverty
  • 80. Specific Guidelines: Investment Programming  Support construction and start-up costs of small-scale water and sanitation facilities Identify areas at greatest risk of contracting water related diseases and direct resources to those areas  Dedicate an adequate proportion of public resources and capacity to maintain and improve water and sanitation facilities  Incorporate cost and feasibility of repairing damaged water and sanitation infrastructure in budget
  • 81. Specific Guidelines: Investment Programming  Review and analyze public water and sanitation budgets to ensure equality and nondiscrimination  Determine inequitable resource allocations within municipality by looking into approximate public spending per person among different barangays  Conduct right to water and sanitation impact assessments prior to entering into any trade, debt or investment agreement  Design, adopt and implement measures to prevent corruption
  • 82. Specific Guidelines: Service Delivery  Progressively ensure that everyone has access to water and sanitation services equitably distributed  Pay special attention to those most vulnerable  Prioritize provision of water and sanitation services to schools, hospitals, prisons and refugee camps  Supply at least 20 liters of water per person per day at an affordable cost, but incorporate provisions to increase daily minimum per capita quantity of water to between 50 to 100 liters per person per day at an affordable cost, and consider providing minimum essential quantity of water free of charge
  • 83. Specific Guidelines: Service Delivery  Introduce wider range of available water and sanitation service levels  Establish community based water capture and storage facilities, especially in water-scarce areas  Design water and sanitation facilities, taking into account women’s uses of water and maximizing privacy  Design water and sanitation facilities, taking into consideration differential requirements of children, older persons, those chronically ill, and persons with disabilities
  • 84. Specific Guidelines: Service Delivery  Design water and sanitation facilities at a height reachable by younger children and that do not require great strength or effort to operate  Design water and sanitation facilities at a suitable distance from water sources to prevent leeching into groundwater  Design sanitation facilities no farther than 50 meters from the home to serve a maximum of 20 persons, used according to family group or segregated by sex  Reduce distance to water points and toilets
  • 85. Specific Guidelines: Service Delivery  Provide lighting and electricity along the paths to and fro water supply and sanitation facilities  Consider security and safety concerns when selecting locations for water supply and sanitation facilities  Where incidence of crime is high, increase police/tanod visibility  Control pollution of water resources  Consider, adopt and implement wastewater treatment options and low-cost technology
  • 86. Specific Guidelines: Service Delivery  Include drainage channels or sewerage pipes to transport wastewater away from the community to places where it can be treated or disposed to avoid threats to health and damage to the ecosystem  Upgrade water supply facilities  Immediately repair any damage to water and sanitation facilities
  • 87. Specific Guidelines: Information Dissemination  Provide full and timely information in the language known to and used by claimholders on:  Level and modalities of water and sanitation services and facilities  Nature, eligibility and scope of subsidies  Nature and scope of incentives  Water quality issues  Means to address water pollution  Water conservation techniques  Safe handling of water for domestic uses
  • 88. Specific Guidelines: Information Dissemination  Provide full and timely information in the language known to and used by claimholders on:  Adequate sewerage, drainage and hygiene promotion  Stress benefits derived from water from high- quality sources and from adequate sanitation facilities  Require all public and private WSPs to widely disseminate accurate, complete and timely information (including financial information) about their operations, services and facilities
  • 89. Specific Guidelines: Regulation and Monitoring  Effective and functional regulatory system for private and public water and sanitation service providers  Refrain, and ensure that private persons and organizations refrain, from interfering with right to water and sanitation  Require private and cooperative water and sanitation service providers to:  Operate in a manner consistent with the right to water and sanitation;
  • 90. Specific Guidelines: Regulation and Monitoring  Require private and cooperative water and sanitation service providers to:  Undertake human rights due diligence;  Act in a socially responsible manner;  Immediately inform government and the public of any significant risks to the water supply;  Comply with service delivery standards and follow all applicable water and sanitation policies, regulations, targets and benchmarks;
  • 91. Specific Guidelines: Regulation and Monitoring  Require private and cooperative water and sanitation service providers to:  Ensure environmentally sound waste disposal by providing proper connections for the disposal of solid waste and transporting wastewater and solid waste to locations away from where the communities live.  Regulate and monitor  Service delivery performance and efficiency,
  • 92. Specific Guidelines: Regulation and Monitoring  Regulate and monitor  Charges and tariffs by water and sanitation utilities and small-scale service facilities, water extraction activities,  Water quality,  Wastewater and solid waste treatment and disposal,  Water wastage,  Water pollution
  • 93. Specific Guidelines: Regulation and Monitoring  Regulatory and monitoring activities:  Conduct full background check on private WSPs  Ensure “no one whose access to water and sanitation may be legally curtailed after the appropriate procedures have been followed [is] deprived of the minimum essential amount of water or of minimum access to basic sanitation services”  Implement mechanisms if private WSP reneges on or abandons water service provision contract
  • 94. Specific Guidelines: Regulation and Monitoring  Regulatory and monitoring activities:  Establish transparent licensing (permitting) systems to avoid excess water withdrawals  Ensure that private sector enterprises responsibly dispose of, and where necessary, treat wastewater and other industrial by- products  Require owners and operators of health and educational institutions and other business establishments to ensure accessible, continuous and reliable water and sanitation facilities at their institutions
  • 95. Specific Guidelines: Regulation and Monitoring  Regulatory and monitoring activities:  Support intra-household and intra- community water re-use or recycling  Support sustainable agricultural practices around water catchment areas  Conduct periodic water sampling and tests from water collected in households randomly selected  Minimize contamination of water resources  Reduce water wastage  Resolve all water-related conflicts with fairness and justice
  • 96. Specific Guidelines: Regulation and Monitoring  Require private and cooperative water and sanitation service providers to:  Ensure environmentally sound waste disposal by providing proper connections for the disposal of solid waste and transporting wastewater and solid waste to locations away from where the communities live.  Regulate and monitor  Service delivery performance and efficiency,
  • 97. Specific Guidelines: Regulation and Monitoring  Regulatory and monitoring activities:  Establish transparent licensing (permitting) systems to avoid excess water withdrawals  Ensure that private sector enterprises responsibly dispose of, and where necessary, treat wastewater and other industrial by- products  Require owners and operators of health and educational institutions and other business establishments to ensure accessible, continuous and reliable water and sanitation facilities at their institutions
  • 98. Specific Guidelines: Capacity Development  Conduct human rights training and education, particularly on the right to water and sanitation for claimholders, duty bearers and other actors  Enhance capabilities of local water governance actors to: focus on human person; recognize, understand and address critical water and sanitation issues; and pursue rules, systems, processes and social arrangements that guarantee right to water and sanitation  Integrate PANTHER principles in all capacity
  • 99. LENNY ROSE P. MUCHO