IE Consultation May 2010 UNDP Water Governance Programme Human Rights Based Approach to Improving Water Governance Regional Programme ECIS Pilot Project Bondo, Kenya HRBA – UN Common Understanding • All programmes of development co-operation, policies and technical assistance should further the realisation of human rights… • Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process. • Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights. HRBA principles identified: • Universality and inalienability • Indivisibility • Inter-dependence and inter-relatedness • Equality and non-discrimination • Participation and inclusion • Accountability and rule of law ECIS Regional HRBA – Water Governance Programme: Objective: Access to WSS for all • Cross-cutting programming in water governance & right to water • Project development support to countries Focus: • Accessibility • Affordability • Quality and allocation (availability) • Transboundary waters Target: marginalized and vulnerable groups Outcomes aimed for: • Water governance considerations incorporated into national development frameworks • Dialogues and processes at local, national and transboundary levels better address key water and sanitation challenges • Improved protection and promotion of human rights, as relevant to the water sector Three steps: Phase 1: • Desk review of key challenges and country selection • Baseline assessment, standard checklist • Enabling environment, institutional framework • Existing programmes and priorities Phase 2: • Country scoping mission, sector assessment, project options • Stakeholder consultations • In-depth situation & gaps analysis • Project options formulation • Partnerships and resources mobilization Phase 3: • Project implementation, M&E, reporting Bosnia and Herzegovina: • Water rich, grave problems affecting water supply • Infrastructure old and crumbling, water utilities heavily indebted, local government is failing to perform. • Services are not meeting citizens’ legitimate expectations • Little civic culture of respect for the natural environment • Awareness of the rights and responsibilities of citizens in relation to the obligations of public sector very poorly developed BiH Interventions: • Water Rights & Responsibilities Awareness Campaign / Capacity Building (joint UNDP-UNICEF) • Creating a Water Loss Detection Plan and training local government personnel • Improving water delivery of internally displaced persons (IDPs) Normative criteria: • Availability: Water Loss Detection Plan • Access: improved access to safe water for internally displaced persons (IDPs) • Qualtiy/safety: Water Loss Detection Plan Cross-cutting criteria: • Non-discrimination: identification of vulnerable groups – targeting IDPs • Participation: participatory design of awareness raising campaign • Accountability: improved understanding of rights, responsibilities, redress mechanisms (assumption: knowledge empowers action) • (Impact: empowerment leading to better access) • (Sustainability: through involvement & ownership ) Feedback so far: • Positive on HRBA to improve water access and governance • Fits needs and priorities • Innovative cross-practice water governance & human rights • Complements infrastructure focus Water Governance Facility Pilot Project Bondo District, Kenya Initiative to improve accountability in water sector • Establish feedback and complaint redress mechanisms particularly at the local community level • Strengthen capacity of water actors to understand and participate effectively in the water sector reforms • Improve information sharing and dissemination to local level actors for effective engagement with sector reform processes. Partners: • UNDP-Kenya • Kenya Water and Health Organization (KWAHO) • Ministry of Water and Irrigation, Lake Victoria South Water Services Board (LWSWSB) • Kenya Anti-Corruption Commission (KACC) • Kenya National Human Rights Commission (KNCHR) Issues: • Poor access to safe water for domestic use • Corruption (lack of information, bribery, overcharging, theft, vandalism, etc.) • Low capacity of both DBs and RHs to implement sector reforms Applying HRBA: • Causality analysis: analysis of hierarchy of causes • Role/patterns analysis: delineating the relationship between claim holders and duty bearers • Capacity, gap analysis: identifying what constrains ability of RHs to claim rights and DBs to fulfill their obligations • Identification of priorities for action • Programme design Process: • Baseline assessment • Governance regimes and actors • Strengths and gaps in governance processes • Capacity assessment • Identify capacity gaps of RHs and DBs in relation to RTW criteria and sector constraints • Corruption and complaint/redress mechanism assessment • Low awareness, non-involvement, no redress mechanism Project Activities: • Awareness raising campaign • Capacity building • Redress: platform for dialogue and complaint line Some results and impacts: • Change in consumer attitude … entitlement and responsibility … ownership and empowerment • Engagement of regulator and service provider with consumer • Improved relationships between regulator, service provider, consumer towards cooperation Some challenges & shortcomings: • Constraints of all-around weak capacities • Sustainability issue: need to institutionalize the dialogue platform and redress mechanism • Generic issue: how to work with RBA and the informal water service sector