HRBA2WatGov/checklist

From WaterWiki.net

Jump to: navigation, search
edit  ·  Toolkit Human Rights-Based Approach (HRBA) to Water Governance
UNDP Regional HRBA to Water Programme for Europe & CIS

Detailed documentation: Background | Regional aspects | Regional Programme | Methodology
PHASE 1: Checklist (Bosnia and Herzegovina | Georgia | Moldova | Tajikistan | Turkey | Ukraine)
PHASE 2: Country Sector Assessments and Proposed Projects (Bosnia and Herzegovina | Tajikistan | Kosovo | Serbia) | Bibliography

Legal Framework: The Rights to Water and Sanitation in International Law | Regional Law | National Law
WaterWiki-resources:Rights to Water and Sanitation: A Handbook for Activists | UN Human Rights Council Resolution on Water and Sanitation | UN Recognises Access to Clean Water as a Basic Human Right | Human Rights-Based Approach | Applying a HRBA to Water:A Case Study | Water-related Legislation and Conventions | The Right to Water - WHO Publication | A UN Convention on the Right to Water - An Idea Whose Time Has Come | International Conference on the Right to Water and Sanitation in Theory and Practice | Q&A: The Right to Water | General Comment 15 (2002) | Q&A: Water Governance | Water and Health | Equitable Access to Water and Human Rights | European Union Water Framework Directive | Essay: What exactly is “The Right to Water”? | Protocol on Water and Health | Protocol on Water and Health/Q&A | Lessons Learned From Rights-Based Approaches in the Asia-Pacific Region | Human Rights-Based Approach Strategies adopted by UNICEF Laos | Utility Privatisation through the Lens of Human Rights | The Right to Water - From Concept to Implementation | The Human Right to Water:Translating Theory into Practice | Report of the Seminar on Human Rights and MDGs, May 2009
External resources: HRBA and Water Governance Fast Facts - UNDP | Applying a HRBA to Developing Cooperation and Programming (UNDP, 2006) | COHRE Manual on the Right to Water and Sanitation | Protocol on Water and Health - Full Document) | COHRE Monitoring Implementation of the Right to Water: A Framework for Developing Indicators | Sub-commission guidelines for the realisation of the right to drinking water and sanitation (2005) | UNFPA - A HRBA to Programming, Practical Implementation Manual and Training Materials (2010) | Operational Guidelines for Implementing a Rights-Based Approach in Water and Sanitation Programming (CoHRE,2008) | COHRE Monitoring Implementation of the Right to Water: A Framework for Developing Indicators | FAQs on a HRBA to Development Cooperation | The Human Rights-Based Approach to Development - The Right to Water | UN Independent Expert Report on the issue of human rights obligations related to water and sanitation 2009 | UN Independent Expert Report on MDGs and right to water and sanitation 2010
Websites: The Rights to Water and Sanitation Information Portal | UN Independent Expert on Right to Water and Sanitation Webpage

This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.

Checklist for Country Assessment
The checklist in this section is intended to systematize the way you conduct a baseline assessment in a specific country or region. It will help you to identify gaps in the regulatory and administrative structures of a country, as well as technical capacity needs. It should be underlined that the checklist is not exhaustive. It aims to ensure sufficient level of detail in order for you to make an informed assessment of the situation without being an excessively time and resources consuming.

A sample of the initial section of the checklist is provided below. To print or download the entire checklist, you may want to refer to this file:  Template Check List for Country Assessment.doc

Contents

Status of the main human rights conventions & other relevant instruments

This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.

Conventions

  • Universal Declaration of Human Rights: Ratified (...)
  • International Covenant on Economic, Social and Cultural Rights: Ratified (...)
  • Convention for the Rights of the Child: Ratified (...)
  • Convention on the Elimination of all forms of discrimination against Women: Ratified (...)
  • Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified (...)
  • International Convention on the elimination of all forms of racial discrimination: Ratified (...)

Regional Instruments (Europe)

Transboundary water courses agreements (if applicable)

  1. ...
  2. ...
  3. ...
  4. ...


Assessment of country context for effective implementation of a HRBA to water

This check list aims to facilitate the assessment of the enabling environment in the country as well as identify any socio-political issues in the country.



Priorities for human development in the country (development plan)

...


Integration of WSS in the development plan

...

Current level of achievement of the MDGs on WSS

...

Support in the country for HRBA to Water Governance

...

Respect of rule of law in the country

...

Fight against corruption in the country

...

Minority and vulnerable and marginalised groups in the country with regard to access to WWS

...

Any discriminatory practices identified and reasons for this

...

Transboundary water courses/bodies problems

...

UNDP indicators of human development - vulnerability and poverty in the country

...

National resources (budget and programmes) – notice that according to UN, countries should spend 1% GDP for WSS

...

Identification of programmes and projects in the country (national and international)

...
...
  • ...
  • ...
  • ...

Identification of relevant NGOs and service providers

...

Main water users (linked to previous but useful to balance interests and prioritise access

...


Indicators (e.g., number of persons connected, development of disaggregate indicators)

  • Population size: ...
  • Population using “improved water source”: ...
  • Population using “improved sanitation”: ...
  • Urban population connected to centralized water supply systems: ...
  • Rural population connected to centralized water supply systems: ...

Figures taken from UNDP Human Development 2006 Report. Note these figures should be considered with caution as there are some differences in the data for “improved access” and specific figures on “access”. An illustrative example is the one above where it was found that over 90% of the population had access to improved water sources, yet some estimation indicate almost 40% of the water pumped do not meet the health criteria. The discrepancies in the data put to the fore, the difficulty in assessing the situation on the ground.


Infrastructure


Waste water treatment plants
No information | Nothing in place | Poor conditions | Adequate | Excellent

Water infrastructures to convey water to urban areas
No information | Nothing in place | Poor conditions | Adequate | Excellent

Water infrastructure to convey water to rural or isolated areas
No information | Nothing in place | Poor conditions | Adequate | Excellent

Private wells
No information | Nothing in place | Poor conditions | Adequate | Excellent



Strategies and plans developed at national, regional or local level

The implementation plans should establish specific targets, indicators and time frames and identify the national and international resources available. They should be realistic in terms of resources available and timing (prioritisation is needed).


National strategy for equitable management and governance of water
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Regional/local action plans on water and sanitation
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Cooperation on transboundary waters
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Adaptation to climate change plans
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Water efficiency programmes and incentives
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Water infrastructure financing strategies
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
  • ...
  • ...
  • ...

Policy and legislation to implement a HRBA to water

This checklist is for evaluating the adequacy and completeness of the legislation in place in a given country for implementing a HRBA to water governance. The checklist asks whether the specific requirements have been adequately established in the national legal order. The check list follow the three main elements of the right to water established in the national legal order. The check list follow the three main elements of the right to water (accessibility, affordability, and water quality and availability), policy and legislation. Monitoring and enforcement are included in the next section.


Basic water management


A right to water and sanitation is formally recognized in the relevant laws/constitution
No information | Nothing in place | Poor | Adequate | Excellent

Competent authorities and responsibilities clearly identified
No information | Nothing in place | Poor | Adequate | Excellent




Accessibility


Prioritization for water access clearly established in legislation –differentiated by sector
No information | Nothing in place | Poor | Adequate | Excellent

Provision to extend WSS services to marginalised and vulnerable areas and groups
No information | Nothing in place | Poor | Adequate | Excellent

Access to traditional water sources in rural areas protected
No information | Nothing in place | Poor | Adequate | Excellent

Specific provisions on access to water in schools, hospitals, prisons and refugee camps
No information | Nothing in place | Poor | Adequate | Excellent


Affordability


Adequate regulatory system in place for private or public water and sanitation service providors - procurement and concession
No information | Nothing in place | Poor | Adequate | Excellent

Pricing policies transparent with flexibility and cross-subsidies –differences between different sectors
No information | Nothing in place | Poor | Adequate | Excellent

Specific measures on disconnection to address poor and marginalised people concerns
No information | Nothing in place | Poor | Adequate | Excellent



Water quality and availability (resource allocation)


Water quality standards established and realistic
No information | Nothing in place | Poor | Adequate | Excellent

Priority substances identified and regulated (elimination)
No information | Nothing in place | Poor | Adequate | Excellent

Specific rules for drinking water catchments areas
No information | Nothing in place | Poor | Adequate | Excellent

Waste water treatment regulated in the legislation
No information | Nothing in place | Poor | Adequate | Excellent

Water discharges and extraction regulated in legislation (e.g., permits
No information | Nothing in place | Poor | Adequate | Excellent

Standards setting a minimum amount of water for personal and domestic uses per person or household
No information | Nothing in place | Poor | Adequate | Excellent

Integrated water resource management approach followed in legislation
No information | Nothing in place | Poor | Adequate | Excellent

River basin management approach
No information | Nothing in place | Poor | Adequate | Excellent



Please use the space below to list the relevant laws and administrative regulations



Institutional and administrative structures and procedures

For legislation to be effective, adequate institutional and administrative structures and systems need to be in place to ensure that legal requirements are implemented and enforced. Evaluation of the adequacy of institutional and administrative structures needs a different approach towards the elements involved. A coordination structure that consists only of information exchange or that has been named on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an ad hoc basis would be considered “adequate”. A coordination structure that has the form of a committee or working group, has specific competences set forth in a regulation or memorandum of understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.


Institutional issues


Decision making body for taking policy decisions (a Ministry)
No information | Nothing in place | Poor | Adequate | Excellent

Structures for coordination among relevant government bodies
No information | Nothing in place | Poor | Adequate | Excellent

Staff in the relevant Ministries assigned responsibility for water issues
No information | Nothing in place | Poor | Adequate | Excellent

Regulatory body at national or regional level (different from policy decision)
No information | Nothing in place | Poor | Adequate | Excellent

River basin management authorities
No information | Nothing in place | Poor | Adequate | Excellent

Local authorities for service provision
No information | Nothing in place | Poor | Adequate | Excellent

Consultation bodies (national, regional or local) with equitable representation
No information | Nothing in place | Poor | Adequate | Excellent

Independent institutions in charge of monitoring the right to WSS (human right commission or regulatory agencies ensuring full transparency and accountability)
No information | Nothing in place | Poor | Adequate | Excellent


Administrative structures


Monitoring systems in place to spot water pollution and illegal abstractions (surface and groundwater)
No information | Nothing in place | Poor | Adequate | Excellent

Inspectorates or other structures for enforcement of basic requirements
No information | Nothing in place | Poor | Adequate | Excellent

Systems for regular reporting to Convention secretariats
No information | Nothing in place | Poor | Adequate | Excellent

Bodies for cooperation on Transboundary water courses
No information | Nothing in place | Poor | Adequate | Excellent


Monitoring & enforcement


Provisions to carry out monitoring of water status and de-pollution
No information | Nothing in place | Poor | Adequate | Excellent

Requirements to carry out inspections
No information | Nothing in place | Poor | Adequate | Excellent

Penalties for breaches of the legislation
No information | Nothing in place | Poor | Adequate | Excellent



Cross-cutting issues

Access to information & transparency


Provisions requiring authorities or private companies to disseminate information on water issues (pollution and polluters)
No information | Nothing in place | Poor | Adequate | Excellent

Provisions ensuring a right to access to information upon request on water information held by authorities or third parties
No information | Nothing in place | Poor | Adequate | Excellent

Systems for dissemination of information on water pollution (e.g., PRTR in place covering both intentional, unintentional & diffuse releases/transfers)
No information | Nothing in place | Poor | Adequate | Excellent

Administrative systems for prompt responses to requests for information from the general public
No information | Nothing in place | Poor | Adequate | Excellent

Guidelines on information held by authorities and how to request access to that information
No information | Nothing in place | Poor | Adequate | Excellent

Secure data management systems to handle commercially sensitive information and personal data
No information | Nothing in place | Poor | Adequate | Excellent

Guidelines for authorities on how to apply commercial confidentiality requirements, including when to disclose because of public interest
No information | Nothing in place | Poor | Adequate | Excellent

Public participation


Non-discriminatory right of participation in decision-making process regarding to water (management, services, projects, installations
No information | Nothing in place | Poor | Adequate | Excellent

Environmental impact assessment legislation including water projects and public participation
No information | Nothing in place | Poor | Adequate | Excellent

Procedures for enabling public participation in decision making
river basin management plan; provision of water services; regulation and monitoring of service providers; infrastructure and development projects
No information | Nothing in place | Poor | Adequate | Excellent

Equitable representation of minorities and marginalised groups
No information | Nothing in place | Poor | Adequate | Excellent


Accountability (including access to justice and Redressing mechanisms


Effective right to access to justice on water claims against government and/or private parties (pollution, failure to provide services and so on)
No information | Nothing in place | Poor | Adequate | Excellent

Effective legal remedies when access to information or public participation are denied
No information | Nothing in place | Poor | Adequate | Excellent

Judicial or administrative body to solve water claims
No information | Nothing in place | Poor | Adequate | Excellent

Arbitration mechanisms
No information | Nothing in place | Poor | Adequate | Excellent


Please use the space below to list the relevant laws and administrative regulations


Stakeholders capacity

This section is to be used for assessing the technical capacity of various stakeholders to implement a HRBA to WSS. The stakeholders have been divided into governmental officials at central level and local level; civil society, farmers and industry. It is intended to be a first step towards identifying needs for technical assistance, including training and investment in equipment and infrastructure.



Government officials at central level


Central/national laboratory for testing of chemicals in water
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring instruments for surface and groundwater
No information | Nothing in place | Poor | Adequate | Excellent

Computers and internet access for all officials responsible for water management
No information | Nothing in place | Poor | Adequate | Excellent

Databases of information on chemicals and priority substances, polluters
No information | Nothing in place | Poor | Adequate | Excellent

Officials trained in HRBA (human rights standards) and water issues
No information | Nothing in place | Poor | Adequate | Excellent

Trained inspectorates and enforcement authorities
No information | Nothing in place | Poor | Adequate | Excellent


Government officials at regional & local levels


Regional and Local authorities trained on HRBA to WSS
No information | Nothing in place | Poor | Adequate | Excellent

Databases of information on chemicals and priority substances, polluters
No information | Nothing in place | Poor | Adequate | Excellent

Computers & internet access for local officials responsible for chemicals management
No information | Nothing in place | Poor | Adequate | Excellent

Local laboratories for testing drinking water
No information | Nothing in place | Poor | Adequate | Excellent

Transportation & communication equipment to enable monitoring/ inspection/enforcement
No information | Nothing in place | Poor | Adequate | Excellent


CSO, NGOs and others


Civil society aware of their rights and how to exercise them
No information | Nothing in place | Poor | Adequate | Excellent

Civil society organised and active (providing training, participating, advocacy activities)
No information | Nothing in place | Poor | Adequate | Excellent

Computers with internet access
No information | Nothing in place | Poor | Adequate | Excellent

Information on low cost technologies
No information | Nothing in place | Poor | Adequate | Excellent


Water services providers


Low cost technologies
No information | Nothing in place | Poor | Adequate | Excellent

Water treatment technologies (primary, secondary)
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring equipment
No information | Nothing in place | Poor | Adequate | Excellent


Farmers & agricultural workers


Training on safe pesticide management, including waste management and access to information on alternative pest control methods
No information | Nothing in place | Poor | Adequate | Excellent

Awareness on impact of agricultural and farming practices in water (private wells)
No information | Nothing in place | Poor | Adequate | Excellent


Industry (including industry workers)


Training on impacts of industrial activities on water
No information | Nothing in place | Poor | Adequate | Excellent

Capacity (equipment, skills) to self-monitor releases of chemicals
No information | Nothing in place | Poor | Adequate | Excellent

Wastewater treatment in place
No information | Nothing in place | Poor | Adequate | Excellent


Health practitioners


Doctors & other health workers trained to identify cases of water born diseases
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring of health issues related to poor access to WSS and reporting
No information | Nothing in place | Poor | Adequate | Excellent

Computers with internet access / access to Internet-based health information
No information | Nothing in place | Poor | Adequate | Excellent


Awareness raising and education campaigns


Education programmes on water
No information | Nothing in place | Poor | Adequate | Excellent

Dissemination of technologies
No information | Nothing in place | Poor | Adequate | Excellent

Gender and marginalised groups problems addressed
No information | Nothing in place | Poor | Adequate | Excellent

Hygiene promotion campaign
No information | Nothing in place | Poor | Adequate | Excellent




International programmes

See above section #Identification of programmes and projects in the country (national and international)

References


See also

A Human Rights-Based Approach (HRBA) to Improve Water Governance in Europe & CIS

External resources

Attachments

 Country Assessment.Moldova.June2008.pdf

2424 Rating: 2.3/5 (40 votes cast)