RIGHTS-BASED INTERVENTION APPROACH FOR IMPROVING WATER SANITATION SITUATION OF

1. RIGHTS-BASED INTERVENTION APPROACH FOR IMPROVING WATER SANITATION SITUATION OF MARGINALIZED COMMUNITY Nam Raj Khatri, WHO Nepal Email : namrajk@gmail.com 19 May 2010

2. Content of presentation • Review of marginalized community • Burden of disease and cost of insufficient access to water sanitation • Present international trend in addressing marginalized community • General practice in line with rights-based approach for water sanitation. • Would rights-based approach make a difference?

3. What is marginalization? • Refers to the group being separated from the rest of the society • The marginalization is result of social and economic and political system • Marginalized people often work even more than others, but are yet deprived from access to vital needs like water and sanitation.

4. Burden of Disease (BoD) • 88% of that burden is attributable to unsafe water supply, sanitation and hygiene • Absence of improved water supply alone increases the risk of diarrhea disease by 6.9 times, absence of sanitation alone increases the risk by 8.7 times and absence of both 11 times • Children and marginalized community are the most vulnerable

5. Economic benefit • In developing regions, the return on a US$1 investment was in the range US$5 to US$28 • Contributor to benefits was the saving of time associated with better access to water supply and sanitation services • There is more scope for investment in marginalized group because there is more gap.

6. Policy address to Marginalized Community in Nepal To provide safe water supply and sanitation facilities to all Nepalese on priority basis especially targeted to backward people - Nepal Rural Water and Sanitation Policy 2004 Communities need to contribute for the projects: 20%(Rural) and 30% (Urban). There are some discounts for the marginalized and disadvantaged groups - Nepal Rural Water and Sanitation Policy 2004 Government support Rs 1000/household (HH) with out toilet . Funds to be managed by local community providing special support to marginalized group. The goal is to achieve ‘Open Defecation Free’ (ODF) communities. – Nepal sanitation guideline

7. Policy address to Marginalized Community Right to live in clean environment - Nepal 15 cubic meters of free water per person per annum. No sanitation tax for poorest – Flanders, Belgium Progressive tariffs to ensure that water is affordable to the poor- Wallonia, Belgium People are entitled, within the limits of the country’s resources, to clean water - Ethiopia

8. Marginalized Community- Watsan realities Directly affected by unsafe water and sanitation is the marginalized community in both rural and urban areas. Not only are the poor less likely to have access to safe water and sanitation, but they are also less likely to have resources to manage the impact. Most (if not all) watsan policies include provisions for providing special support to poor and marginalized groups. In reality, however, projects are often not targeted for such groups. Few numbers of selected households benefit from watsan projects. As a result the gap between the rich and the poor in terms of water sanitation provision is increasing.

9. Rights-based approach for water sanitation Ensuring that access to sufficient safe water is a human right constitutes an important step towards making it a reality for everyone. It means that: ● fresh water is a legal entitlement, rather than a commodity or service provided on a charitable basis; ● achieving basic and improved levels of access should be accelerated; ● the “least served” are better targeted and therefore inequalities decreased; ● communities and vulnerable groups will be empowered to take part in decision making processes;

10. Right to Water and Sanitation • Sufficient water – for personal and domestic uses, WHO guidance • Clean water – safe, free from hazardous substances, acceptable to users • (Physically) Accessible W & S – services within or in immediate vicinity of household, school etc. Secure location.

11. Right to Water and Sanitation • Affordable W & S – must not compromise the realization of other rights such as food and housing. • Access to information and participation – right to participate in decision-making, equitable representation. Full and equal access to information.

12. What does the Government need to do to realize these rights? • Progressive realization– take deliberate steps e.g. national strategy/plan of action • The obligation to respect requires that States Parties refrain from interfering with the enjoyment of the right to W & S • protect requires that SP prevent 3rd parties from interfering • fulfil requires that SP take the necessary measures to achieve the full realization of the right to W & S (legislative, administrative, budgetary, promotional measures)

13. Human Rights-Based Approach - empowerment • Promoting human rights principles (participation, equality, non-discrimination, accountability, transparency…), applying values of international human rights law • Building capacity of ‘rights-holders’ and ‘duty-bearers’

14. Frequently asked questions (answers by the independent expert) • Do states have to provide access directly? • Is everyone entitled to piped water and a flush toilet? • Do states have to provide services free of charge? • Do human rights prohibit private provision of water and sanitation?

15. What is right to water sanitation? Water sanitation for MC Extreme "No Right" Extreme "Right" Right to water sanitation does not mean that countries are obliged to provide access to water and sanitation free of charge. Human rights require services to be affordable and not to compromise the realization of other human rights such as food, housing and health.