Afghanistan Independent Human Rights Commission Inputs to the annual thematic report to the GA Questions Please answer the following preliminary questions to help me understand your or your organization’s status and functions: A. Please indicate the type of stakeholder you are representing, for example: Afghanistan Independent Human Rights Commission (AIHRC) B. Please indicate your or your organization’s role in the process, for example (you may choose multiple answers): None of them, but AIHRC register petition on cases of dispute over water distribution for irrigation purpose. AIHRC regularly monitor the right to water and releases biannually report on economic and social rights. For the thematic report, I would particularly welcome your answers to the following questions: 1. Please indicate and describe a participatory process or processes in your country that are related to the human rights to water and/ or sanitation. Which authorities and organizations are involved in the design and facilitation of the process? What are the costs of designing and facilitation the process? Who covers the costs? There are two types of waters supply scheme in Afghanistan, 1) at city level and 2) at district/village level. The Government, based on technical assessment and community request, design water supply project for cities and bear all of the cost from the government budget. At district or village level, the Ministry of Rural Rehabilitation and Development (MRRD) with a joint effort-MRRRD and beneficiary community(s)- takes the responsibility of water supply and sanitation. A) At city level, requests are made by the following representative: Member of the Parliament The provincial governors Representatives of city districts District municipality offices B) At rural district/village level Member (s) of Provincial councils District development councils Village councils 2. What does the process seek to ensure – participation in legislative proposals, policy-making, budgeting, service provision or other measures? At what level does the process take place – the national, local or international level? 3. Has there been a history of mobilization in your country to ensure participation in decision-making? In general, is the government (at the various levels) viewed as responsive to such demands? How has the government responded to people’s demands for (increased) participation? Answers to question 2 and 3: The government considers the points view of the city and district municipalities and city district representative councils and different governmental organizations and NGO whenever designing of water supply or sanitation project. At rural level, the MRRD, in close consultation with the district council and village council, design the water supply project for both purposes, either for drinking or for irrigation purpose, making decision on beneficiaries, the level of cost contribution for the MRRD and community and other necessary arrangement and management requirements. 4. Is there a legal or policy basis for participation? Specifically, is participation with respect to improving access to water and sanitation provided for in legislation, policy or practice in your country? There is not a clear policy on access to water and sanitation, the MRRD however fully provides the ground for the beneficiary’s participation, and to create the ownership feeling with the beneficiary community, the practice is that a part of the cost of the water supply or community sanitation project should be paid by the beneficiary community. 5. How have the geographical reach of processes and the concerned individuals and groups been defined? How do processes ensure inclusiveness? How do processes seek to ensure that not just major stakeholders, but also concerned individuals can participate? Whenever a water supply or sanitation project is built, there is no matter that the beneficiaries belong to what ethnic, linguistic or religious group. Every individual and groups within the project areas can benefited from the project according to their contribution in the water supply project rural areas for irrigation and drinking/washing purpose, and also based on the bill of consumption charged in cities. 6. Are certain individuals or groups meant to represent others? How does the system of representation work? What is the role of NGOs? Who do they represent, if anyone? Is there any process of verifying their claim to represent, i.e. are they required to produce any type of proof? NGO play effective role in community mobilization, community contribution, management and maintenance. In fact, every beneficiary unit represents itself, unless otherwise any individual or a group have been authorized by any individual or a group to represent them. 7. What are the opportunities for participation? Are there consultations, hearings, opportunities to submit written responses and online fora? 8. What measures are in place to enable people to participate? What measures are taken to overcome barriers that people face, in particular marginalized groups and individuals? Answerer to question 7-8: Under the community mobilization process done by NGOs, participation opportunity is provided for individual and groups of beneficiaries or for those who are not beneficiary to the project but are effected from the project outcome. 9. What channels have been used to disseminate information about the envisaged measures and the participatory process? Under community mobilization program of NGOs. 10.How are the inputs taken into account? What is the impact of participatory processes on decisionmaking and the design of measures and policies? In rural areas, the beneficiary’s contribution is based on mutual agreement between the rural community and the MRRD/NGO. The purpose of beneficiary’s contribution in kind and cash to water supply and sanitation project is to create ownership with community for better design, implementation and maintenance. But in cities, there is no beneficiary’s contribute to the project, but beneficiaries have to pay the monthly water consumption/sanitation service charge. 11. What follow-up has been put in place? Are people informed about the outcome of processes? Are they informed about whether and how their proposals have been taken into account? In rural areas, the MRRR and related NGO fully consult with beneficiary communities and always keep them informed about the project process and stage of the project construction. The beneficiary community is responsible for any maintenance/repairing charge. In cities, the government or the service provider company is responsible for maintenance and repairing. 12.Would you describe the participatory processes as successful? If the specific process referred to above has been completed, please comment on what accounts for its success or failure. Has the process been evaluated? What lessons does it offer for future processes? In rural areas, the water supply and sanitation projects are built on participatory base. From the beginning of the project, such as from designing stage up to implementation and arrangement/ management for maintenance, are consulted with district/village councils. This consultation and participatory process prevent any likely conflict on various technical, economical and social issues pertaining to water and sanitation projects. There are off course a small number of cases while a water supply and sanitation project has been fully consulted with a village council and built on participatory base, but since a number of village councils cannot represent the village beneficiaries because these councils are influenced by powerful persons who even challenge the rule of law. Therefore, disagreeing happens in every stage of the project cycle. Particularly disputes happens on distribution of water in irrigation projects.