The Access Initiative

Supporting vulnerable populations to obtain WASH goals through Open Government – Carole Excell and Aiden Eyakuze

Everyone deserves access to safe drinking water and adequate sanitation.

There is a broad consensus in the international development community that equity in the water and sanitation sector needs to be the focus of all efforts. This means prioritizing and  reaching disadvantaged populations and ensuring equitable and inclusive water sanitation and hygiene outcomes.  But countries are just not making the the right choices to prioritise  equity to get us there.  A number of  UN and other international studies indicate that even with the spending that is occurring in the WASH sector those with disabilities, indigenous communities, poor local rural communities,  and other  members of marginalized populations like migrants are the ones that still significantly  lack access to the essential services of water, sanitation and hygiene. This contrasts with significant progress in urban communities.

A 2019 study in Uganda  conducted by Twaweza  on assessing access to water and sanitation by household,  including quality and barriers to access,   found that there has been progress in the WASH sector for urban populations, 3 out of 4 Ugandans (75%) access water from an improved source including 19% have access to piped water. But progress in terms of access to piped water, between urban (42% piped) and rural (11% piped) areas, and poorer (8%) and wealthier (45%) households remains significant. In addition , households with one or more disabled members are  less likely to have access to piped water than other households (12%, compared to 21%). The problems come down to the lack of water points (36%), the distance to water sources (27%) and dirty water (25%).

The big question is why. A 2018 report from UNICEF found that governments “need to better understand who is missing out on development and why.” A lack of data about marginalized groups access is one of the first challenges governments need to address.   Despite  Sustainable Development Goal 6, on Water and Sanitation adopted in 2015 that aims to ensure water and sanitation are available and sustainable for all,   there is  still a lack of data in this area of who are the most in need at the country level.

Open government principles could help change that. To improve WASH service,  countries should commit to open government principles including on how they are setting priorities, spending their budgets,  and using accountability measures to ensure WASH programming reaches the most vulnerable.  Having commitments around open government principles can add a dimension of accountability around how government services will reach vulnerable populations.  Commitments can be made through the Open Government Partnership a voluntary partnership where governments make new commitments on transparency, participatory mechanisms, and accountability. Within the OGP WRI, Foundation Avina, Stockholm International Water Institute, Water Integrity Network and have created a Water and Open Government Community of Practice which has finalized a Open Government Declaration focusing on water and sanitation. The Open Government Water  and Sanitation Declaration is an international call to bring together water and open government reformers to mobilize ambitious action that strengthens implementation of water, sanitation, and hygiene (WASH) service delivery. It outlines targeted recommendations that leverage transparency, participation and accountability that can be utilized through OGP and other WASH forums to increase collaboration and realize the human right to water and sanitation. The Declaration was created through an inclusive  participatory process  to bring the open government and water communities together on a concrete agenda to promote open government and WASH commitments through the Open Government Partnership to deliver on the needs of the most vulnerable for their basic rights to water and sanitation. The Declaration was drafted by a broad coalition of civil society and international organizations who acted as an advisory council including  Article 19 – Yumna Ghani ;Transparency International – Donal O’Leary ; Akvo – Peter van der Linde ;Center for Regulation Policy and Governance – Mohamad Mova Al Afghani ;African Civil Society Network on Water and Sanitation (ANEW) – Sareen Malik ; Agua y Juventud – José Jorge Enríquez ; CLOCSAS – Jose Miguel Orellana ;Young Water Solutions – Antonella Vagliente ;CENAGRAP – Segundo Guaillas ; Inter-American Development Bank – Marcello Basani .

The Declaration was completed during the COVID- 19 Pandemic which highlights the critical importance of water for health and community safety. We invite individuals and organizations to endorse the Water and Open Government Declaration and help build a movement for open government action on WASH delivery challenges. For more information about the Declaration check out the launch video here and the Declaration in Spanish or English . Endorse the Declaration with the following links

Link for English – https://forms.gle/pFHNsfu2UsZticsc8 and Spanish Firme la DECLARACIÓN DE GOBIERNO ABIERTO Y AGUA Y SANEAMIENTO: Un llamado global para fortalecer la implementación de servicios de agua, saneamiento e higiene. (google.com)      French https://forms.gle/H5s5rMAbqNoTHL8n9

Governments,  Ministries , International Financial Organizations, and Water Utilities  and civil society are invited to endorse the Declaration to support countries decision-making  to be more transparent, enable inclusive participation in decision-making, improve accountability and ensure WASH services are gender- and socially inclusive. Inequity and intrinsic barriers will not just disappear by themselves,  commitment to change will be crucial to ensure that vulnerable populations can receive adequate WASH services.

Recommendations of the High Level Committee to Review Environmental Laws in India

By Preetadhar (Posted: November 25, 2014)

Soon after the election of the new Government, a “High Level Committee” was constituted to review a list of Acts administered by the Ministry of Environment, Forests and Climate Change (MoEF&CC), namely: – Environment (Protection) Act, 1986 – Forest (Conservation) Act, 1980 – Wildlife (Protection) Act, 1972 – Air (Prevention and Control of Pollution) Act, 1974 – Water (Prevention and Control of Pollution) Act, 1981

The Committee was chaired by T.S.R. Subramanian, a former Cabinet Secretary, and comprised three other members, a retired judge of the Delhi High Court, former Secretary of the MoEF&CC and former Additional Solicitor of India.

After approximately 3 months of its constitution, and holding some regional Meetings, the Committee submitted its recommendations to the Government. We have been able to access a summary of the recommendations, which provides an insight into the possible direction of reform of framework of environmental laws in India.

Summary of Recommendations

  1. Identify and pre-specify ‘no go’ forest areas, mainly comprising “Protected Areas” and forest cover over 70% canopy.

  2. MoEF&CC to define the term ‘forest’.

  3. Offer economic incentives for increased community participation in farm and social forestry by way of promoting and proving statutory safeguards to ‘treelands’ as distinct from forest.

  4. Plantation of approved species on private lands for compensatory afforestation with facility for ‘treeland’ trading.

  5. Revise procedure for clearance under Forest (Conservation) Act to reduce the time for granting clearance, without compromising the quality of examination. For linear projects it is recommended that The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 needs amendment to consider removal of the condition of Gram Sabha approval.

  6. The compensatory afforestation (CA) guidelines be revised; CA on revenue land to be enhanced to 2:1 as against 1:1 at present; CA in degraded forest land be now fixed at 3:1; the Net Present Value (NPV) should be at least 5 times the present rates fixed. An appropriate mechanism to be created to ensure receipt of the CA funds, and their proper utilization, delinking the project proponent from the CA process, after he obtains other approvals, and discharges his CA financial obligations.

  7. The quantum of NPV for compensatory afforestation needs to be sharply increased. A reliable mechanism for ensuring that CA is actually implemented, utilising either private or forest land, needs to be put in place.

  8. Schedule 1 to be amended to include species likely to be threatened by illegal trade. An expert group should review the existing Schedules and address discrepancies relating to several species and sub species.

  9. Regarding the issue of tackling damage to agriculture and farmland, the MoEF&CC may issue circulars to all states apprising them of the legal position, suggesting that they may take appropriate action based on legal provisions.

  10. Preparation of Wildlife Management plans should be made mandatory and a provision to this effect inserted in the Wildlife Protection Act.

  11. Amend the Wildlife Protection Act [Section 26A sub section (3) and section 35(5)] so that permission from the Central Government would only be necessary when the State Government proposes to reduce the boundaries of an existing protected areas.

  12. Manufacture and possession of leg and mouth traps should be completely prohibited, except where they are required for visual display for educational purposes.

  13. Officers entrusted with the task of settlement should be given minimum tenure of 2 years. Regular review of such work should be done to ensure completion within time.

  14. ‘Expert status’ to be given to the forensic facility of Wildlife Institute of India (WII), after suitably strengthening it.

  15. Amend provisions of the Wildlife Protection Act [Section 50 and 55] to provide for adequate and purposeful delegation appropriate for faster and better prosecution in respect of a wildlife crime.

  16. Authorise officers of the Wildlife Crime Control Bureau under the MoEF&CC to file complaints in Courts.

  17. Add Polythene bags and plastic bottles as “injurious substances” and ban their use inside sanctuaries by amending the Wildlife Protection Act

  18. MoEF&CC to take immediate steps for demarcation of eco-sensitive zones around all the protected areas; States may be asked to send proposals in a time-bound manner.

  19. Delegate the powers to approve applications for bona fide observations research, through photography, including videography to the level of Park Director after verifying the credentials.

  20. The Schedules should provide appropriate provision for taking into account the needs of local festivals, subject to no harm or injury to animals.

  21. Proposals to revamp this project clearance / approval process.

  22. Create National Environment Management Authority (NEMA) at Central Level and State Environment Management Authority (SEMA) at the state level as full time processing / clearance / monitoring agencies.

  23. Proposed composition, functions and responsibilities of NEMA.

  24. Proposed composition, functions and responsibilities of SEMA.

  25. Proposed revised project approval process envisages ‘single window’ unified, streamlined, purposeful, time bound procedure.

  26. Special treatment for linear projects, power / mining and strategic border projects.

  27. Review of A/B category units, to delegate a large number brought under the purview of SEMA.

  28. The present monitoring process, exclusively based on physical inspection should be strengthened by induction of technology, measuring instruments incorporating latest improvements; the standards setting and verification systems need to be tightened, to ensure all violators are identified.

  29. (i) Create a new ‘umbrella’ law- Environmental laws (Management) Act (ELMA) – to enable creation of the institutions NEMA and SEMA. (ii)Induct the concept of ‘utmost good faith’, holding the project proponent responsible for his statements at the cost of possible adverse consequences

  30. The new law to prescribe new offences, as also for establishing special courts presided over by session judge. ‘Serious offences’ as defined to attract heavy penalties, including prosecution / arrest.

  31. Abatement of central and State Pollution Control Boards on creating of NEMA/SEMA.

  32. Suggestion for incorporation of noise pollution as an offence in Environment Protection Act.

  33. Procedure for appeals- creation of an appellate tribunal.

  34. Judicial Review role of National Green Tribunal.

  35. (i) Establish a National Environment Research Institute, through an Act of Parliament. (ii) Identify specific technical institutions / universities in India to act as technical advisors to the proposed NEMA/SEMA and other environmental enforcement agencies, to provide credible technical back-stopping for management of the environment.

  36. An Indian Environment Service may be created, as an All India Service, based on qualifications and other details prescribed by MoEF&CC/DoPT/UPSC.

  37. Encourage specialization in the Indian Forest Service in various aspects of forests and wildlife management, among the members of the service, as well as familiarity with all aspects of management of environment.

  38. The MoEF&CC may like to undertake a comprehensive review of departmental forces management policies, practices and procedures, to initiate wide-ranging improvements and reforms. This preferably should not be an internal exercise, and should include independent knowledgeable experts from India and abroad, as well as qualified researchers.

  39. The MoEF&CC may consolidate all existing EIA notifications/ circulars/ instructions into one comprehensive set of instructions. Amendments or additions may normally be done only once a year.

  40. The MoEF&CC may arrange to revamp the Environment Protection Act, by inducting relevant provisions of the Water Act, 1977 and the Air Act,1981; the latter two could be repealed, when the revamped EP Act, 1986 comes into force. This exercise may be done keeping in view the provisions of the proposed Environment Management Act.

  41. Create an Environment Reconstruction Fund for facilitating research, standard setting, education and related matters.

  42. (a) While overall responsibility vests with the ministry, the State Governments and the local bodies will play an effective role in management of the environment. (b) The Government should provide dedicated budgetary support for environmental programmes as a part of each development project in all the sectors

  43. Creation of a comprehensive database, using all instruments available, on an ongoing basis, in respect of all parameters relating to environment

  44. Environmental mapping of the country, using technology, should be undertaken as an ongoing process.

  45. Identification & recovery of environmental reconstruction cost relating to each potentially polluting unit should be built in the appraisal process.

  46. Rework the system of empanelment of ‘consultants’.

  47. A ‘green awareness’ programme needs to be sponsored, including issues relating to environment in the primary and secondary school curriculum

  48. MoEF&CC should prepare regional plan for carrying out remediation of polluted sites in consultation with the State Governments and enabling provisions should be incorporated in Environment Protection Act for financing the remediation task.

  49. Municipal Solids Waste (MSW) management has not been given requisite attention hitherto. New system and procedures for handling MSW need to be in place early for effective management of MSW and with accountability. Cities should set a target of reaching 20% of current level in 3 years time to work out a mitigation plan

  50. Concerted multi-pronged effort to not only to contain, and improve the situation of deterioration of air quality by vehicle emission.

  51. Encourage the use of science and technology, including by the approval and enforcement agencies.

  52. Finalise the CRZ demarcation, and bring it into public domain.

  53. In view of the key role played by the power sector, as also mining of various minerals in national development, NEMA may have a suitable cell, with specialisation, to speedily deal with environmental approvals in these sectors, with due regard to environmental considerations.

  54. All specified type of units would employ fully qualified technical personnel to manage their pollution control / management equipment, and to keep the emission levels within prescribed limits.

  55. MoEF&CC may consider reworking standard setting and revising a system of financial penalties and rewards to proceed to a market-related incentive system, which encourages ‘green projects’.