The Access Initiative

Sectors: Water

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.

Strengthening the Right to Information for People and the Environment

STRIPE is an important resource in countries all over the world which do not have mandatory environmental disclosure regimes that require companies to disclose the types of pollutants that are being released into air, water, and land. Currently STRIPE is being utilized in Indonesia to help local Serang communities address the water pollution from the IKPP Pulp and Paper mill in the Ciujung River. It is also being utilized in Mongolia where partners are working with two communities concerned about water pollution in the Tuul River caused by mining and poor waste water treatment. STRIPE uses the following steps to achieve its goals:

  • Assess the challenges facing local communities concerned about air and/or water pollution released from local facilities
  • Evaluate the legal framework of the country including the laws governing the pollution control, the public release of environmental information, as well as basic freedom of information laws
  • Analyze the information that is available proactively – information that should be publically available without being formally requested
  • File information requests with government agencies to obtain any further information needed on pollution emissions and permitting abd track the results
  • Utilize the information gained from the above processes to develop advocacy messages and strategies that address community concerns.

Greenwatch Uganda Champions Information Rights

By Lalanath de Silva (Posted: March 4, 2008)

Laws alone are not enough to ensure environmental protection. Civil society organizations often play a critical role in bringing those laws to life. In Uganda, Greenwatch has done exactly that for the country’s laws on access to environmental information, the first of which passed in 1998.

Under Ugandan environmental law, the public has several opportunities to make its voice heard about new development projects. Projects that might affect the environment of Uganda have to be approved by the National Environment Management Authority (NEMA). Before such projects are approved the developer must perform an Environmental Impact Assessment(EIA), which studies the environmental impacts and examines environmentally friendly alternatives. The law requires that the press announce that the assessment has been performed and that the written results are made available to the public for comment. If comment shows that a project is controversial, NEMA must hold a public hearing.

The public can also challenge NEMA decisions in the Ugandan courts, and that’s where the civil society organization Greenwatch, Uganda (Greenwatch) has distinguished itself. As early as 1999, the organization began suing the government to honor the regulations requiring the assessments.

Although the court refused to stop the signing of the agreement, Greenwatch and other advocates of greater public participation consider the case a partial victory: for the first time, a Ugandan court recognized that concerned advocates could bring a case to vindicate environmental laws. Justice Richard Okumu Wengi of the High Court of Uganda also declared that an assessment and NEMA approval were required before the project could go forward.Greenwatch’s first court challenge of a NEMA decision was to a hydro-electric project funded by the International Finance Corporation and other banks. A utility company – AES Nile Power – was attempting to sign a power purchasing agreement with the Government of Uganda, but the company had not performed an assessment nor had it obtained NEMA approval.

(Citation: NAPE VS AES Nile Power Ltd High Court Misc. cause No. 26 of 1999)

AES Nile Power then proceeded to perform an EIA, and NEMA approved the project. Yet when Greenwatch requested information on the project and the power purchase agreement, the Ugandan Government refused. Review of the power purchase agreement would tell the public if the electricity produced would be affordable and would ease the burden on the environment. Greenwatch sued the Attorney General of Uganda to obtain the document. The court decided that the power purchase agreement and all connected documents were both public documents and therefore ought to be made available to the public.
(Citation: Greenwatch Vs AG & UETCL)

A recent UN report concludes that while Uganda has made remarkable progress in the application of EIA procedures, there is a need to improve key aspects of its application. The report states that there is a “need to further develop approaches to ensure effective public participation in EIA, as well as need to create and strengthen regional and sub-regional EIA networks to complement national efforts for promotion of EIA.”

Greenwatch has also successfully used the space provided for public participation at EIA public hearings to stop the spraying of herbicides on Lake Victoria – the second largest lake in the world and the largest in Africa. Greenwatch produced convincing evidence to show the dangers of pesticide spraying. Greenwatch also showed that the entire operation might not be financially viable because the Ugandan company’s parent company in the U.S.A was bankrupt.

Greenwatch continues to advocate in the public interest today. Most recently, it obtained an interim order against Warid Telecom (U) Ltd., stopping the construction of a telecommunication tower in a residential area. The company had failed to perform an EIA and the residents had fears of a cancerous gas affecting them and the construction noise creating a nuisance. Warid Telecom has challenged these allegations saying that there is no scientific basis for any of them. The application for a temporary injunction will be heard soon.

Greenwatch has been closely associated with The Access Initiative coalition in Uganda and has blazed a trail championing citizen rights of access to information, public participation and access to justice (“access rights”) in environmental matters. It also works closely with the Government of Uganda to train public officers and judges in environmental law.

“Every person has a right to information under the Ugandan Constitution,” says Kenneth Kakuru, the Director of Greenwatch, Uganda. “An Environmental Impact Assessment is a public document.”

Resources and Legal Citations:

Full Judgments and more information can be obtained from the Greenwatch website, www.greenwatch.or.ug.

Soybean Boom Forcing Paraguay to Examine Pesticide Use

By Joseph Foti (Posted: February 7, 2008)

Once isolated Paraguay has changed radically due to a boom in soybean exports, which has brought changes in land and pesticide use.

Weak government regulation and poor public education about pesticide use highlight the need for better environmental governance. Access Initiative (TAI) partners, Instituto de Derecho y Economía Ambiental (Environmental Law and Economics Institute, IDEA) are working to build government capacity to make sure that the growing soybean trade is good for the environment and for workers.

National Public Radio recently interviewed Sheila Abed, the founder and now Executive Director of IDEA. She spoke about the problems surrounding glyphosate, a pesticide widely used in soybean farming. (Glyphosate was formerly known as “Roundup” when it was under a now-expired patent by Monsanto.) The weed-killer is generally considered safe for workers and widely used in the other countries, including the United States. But without proper handling procedures, glyphosate and its typical additives can pose potentially serious health effects.

This occupational hazard does not represent poor science or a weakness in the law as much as a weakness in environmental governance more generally. “Environmental governance” includes important “access rights” like access to information, public participation, and access to justice. In order to fulfill these rights, governments must have the capacity to provide these rights and the public must have the capacity to use them.

The case of Paraguayan soy boom highlights the need for both access to information and capacity-building for the government officials to ensure worker education and monitoring safe agricultural practice. In order for workers to know the difference between safe and unsafe handling, they must have access to information on potential health effects and how to avoid those health effects. Many countries address these needs through occupational safety hazard laws that mandate education programs and information dissemination programs for workers. To ensure that workers are receiving this vital information, governments must have the capacity to regulate employers. As the NPR story points out, some of the best ways of ensuring compliance is through partnerships with NGOs, including, in this case, labor unions and environmental NGOs.

We at WRI, the TAI secretariat, were lucky to have Ms. Abed stop by to lend us insight into the process that led up to involvement in governance issues around soybeans and eventually to the NPR interview. In the audio file below, you can hear her talk about IDEA’s work with The Access Initiative network as well as how the issue of soybeans reflects problems of weak enforcement and corruption in environmental issues more generally.