Access To Water and Sanitation For All and The Human Right To Water in The Americas

ACCESS TO WATER AND SANITATION FOR ALL AND THE RIGHT TO WATER IN THE AMERICA REGION
ACCESS TO WATER AND SANITATION FOR ALL AND THE RIGHT TO WATER IN THE AMERICAN REGION
CREDITS GRAPHIC DESIGN

KARINA BARRANTES ZIGA
DRAFT DOCUMENT / November 2011
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CONTENT INDEX
PRESENTATION.................................................................... 1. 2. INTRODUCTION.................................................................... CONCEPTUAL FRAMEWORK..............................................
2.1 2.2 2.3 2.4 The Past Three Decades..................................................... What Has Hampered Universal Coverage?........................ Significance and Scope of Universal Coverage.................. The Human Right to Water and Sanitation.........................
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3.
KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION....................................................

3.1 3.2 3.3 Governance........................................................................ Financial Sustainability........................................................ Enabling Environment..........................................................
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4.
CURRENT SITUATION OF WATER AND SANITATION ACCESS AND SERVICES IN THE REGION.........................
4.1 Progress regarding Millennium Development Goals (MDG).................................................................................. 4.1.1 MDG Compliance at Regional Level...................... 4.1.2 Sub-regional Status................................................ 4.1.3 Rural Situation........................................................ Review of Prospects of Countries in the Region................ 4.2.1 Sector Governance................................................ 4.2.2 Financing prospects.............................................. 4.2.3 Enabling Environment............................................ United States Drinking Water and Sanitation Situation......
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4.2
4.3
5.
CHALLENGES AND SUGGESTED OBJECTIVES FOR A LAC REGIONAL POLICY......................................................

5.1 5.2 Regional Challenges........................................................... Suggested Strategic Policy Guidelines and Targets for the LAC Region ..................................................................
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REFERENCES.......................................................................
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This document and its consultation process are sponsored by the Inter-American Development Bank (IDB) under the Regional Policy Dialogue initiative, and the United Nations Program for Human Settlements (UN-Habitat), as part of the inputs for the Latin America and the Caribbean Preparatory Regional Process towards the 6th World Water Forum. The document was directed by Maria del Rosario Navia from the IDB Water and Sanitation Division, Victor Arrroyo and Roman Gomez from the UN-Habitat Water Program for Cities in Latin-American and the Caribbean . Both organizations appreciate the participation in the production of this document to the consultants Olga Samper Rodriguez, Maria Mercedes Uribe and Guillermo Angel Reyes, and would like to specially aknowledge Maureen Ballestero, Thematic Coordinator for the Preparatory Regional Process Send comments to: Mara del Rosario Navia email: mnavia@iadb.org Romn Gmez email: romangomezgc@me.com Maureen Ballestero email: tempis@racsa.co.cr
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ABBREVIATIONS AND ACRONYMS

DWSRF EMS EPA GDP IDB IFC JMP LAC LATINOSAN MDG NGO O&M SSP UN UN Habitat UNESCO UNICEF WB WFA WHO WSP W&S Drinking Water State Revolving Fund - USA Environmental Management System United States Environmental Protection Agency Gross Domestic Product Inter-American Development Bank International Forum Committee Joint Monitoring Program Latin America and The Caribbean Latin America Sanitation Conference Millennium Development Goals Nongovernmental Organizations Operation and Maintenance Strategic Sanitation Plan United Nations United Nations Human Settlements Programme United Nations Educational, Scientific and Cultural Organization United Nations Childrens Fund World Bank Water Forum of The Americas World Health Organization Water and Sanitation Program Water and Sanitation
INTRODUCTION
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1.
INTRODUCTION
The guarantee of universal access to water and sanitation is a challenge that the world as a whole and the American Region in particular have been trying to overcome for the last three decades, whose results, especially in the Latin American and Caribbean region, are far from being successful. This shameful reality, within the framework of the recently approved Declaration of the Human Right to Water and Sanitation made at the United Nations Assembly and its subsequent ratification by the United Nations Council for Human Rights cannot continue being the subject of debates but it demands undeferrable actions and solutions on behalf of States, citizens and service providers, working all together. Bearing this in mind, this document, which is still in the preparation and consultation process, aspires to count on the support of all of the countries of the American Region with regard to the issues to be addressed to reach universal access to water and sanitation in order to generate within each country proposals, that can be followed by specific commitments enforceable by the international community, which according to their particular conditions be carried out through realistic courses of action which permit their follow-up and finally the achievement of the equality in terms of access to water and sanitation for all, within a reasonable lapse of time. Although this document recognizes the efforts made by all of the countries in the region during the last decade to reach the Millenium Goals for Water and Sanitation by the year 2015, it is important to note that these goals not only fell short but also are far from the criteria set out in the Declaration of Drinking Water and Sanitation as a Human Right. Consequently, this document identifies the need for actions which must be more structured, coherent and appropriate for the fulfillment of this Right. Following the above considerations, it is expected that the countries of the region will provide not only elements for discussion but will demonstrate progressive and consolidated commitments during the forums on this subject to take place in various regional and worldwide scenarios over the next ten months, such as: the next meeting of Inter-American Dialogue on Attainment of Water, D-7 to be held in Medellin in November 2011; the meeting of the Sixth World Forum on Water to be held in March 2012 in Marseilles, France and the United Nations Rio+20 conference on Sustainable Development to be held in Rio de Janeiro in June of 2012. Following this introduction, Chapter 2 of this document will develop a conceptual framework based on the ideas which have been presented and debated in water and sanitation forums and in the specialized literature regarding the conditions and challenges which signify the guarantee of universal access to water and sanitation, while additionally considering the principles, concepts and standards advocated by the Human Right to Water and Sanitation,
In Chapter 3, the proposed conceptual framework is used to present and discuss the key elements which the sector management, led by the States, should keep in mind when formulating policies and plans for obtaining universal access, in an approach based on the Human Right to Drinking Water and Sanitation. The presentation and analysis of these key elements is framed within the guidelines proposed by the IFC for the Sixth World Water Forum, who considers the following as the three crucial conditions for successful performance of the sector: good governance, adequate financing and enabling environment. The term Good Governance is associated with legal, political and institutional arrangements, behaviors and mechanisms which are sufficiently stable and efficient and, hence, aid societies in overcoming challenges posed at social, economic, political and administrative levels. Water and sanitation financing focused on sustainability, requiring governments to commit to: Create transparent institutional structures to finance the sector, Allocate specific funding to allow investment Design and implement legal and regulatory mechanisms Promote internal resource generation by operators, Implement user fees or tariff schemes to guarantee coverage of the services operational and maintenance costs, taking into account the poorest populations. Enabling environment is a broad concept that may include the existence of water and sanitation sector policies, legal and regulatory sector frameworks; programs which specifically address the issue of accessibility to water and sanitation by the less advantaged social groups; awareness of social and cultural components; community participation; operators performance; investment climate and financial services; and, as well, explicit acknowledgment of the human right to water and sanitation within the sector laws. Keeping these three crucial aspects in mind as a reference and based on available information regarding the water and sanitation sector in the different countries of the American Region, Chapter 4 will briefly characterize the situation in each country in order to illustrate the important differences between them and the need for them to formulate and structure their own programs and commitments in order to reach universal coverage for water and sanitation within the human rights based approach
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The document closes with some general proposals regarding possible courses of action for the sector and policy priorities for the region but not without reiterating that due to the complex and diverse situation of each country and their sectors, the accomplishment of consensus and shared commitments is foreseen to be a difficult task. It is worth noting that the analysis focuses mainly on the LAC region since the continents two most developed countries, Canada and the United States, achieved the status of universal coverage decades ago; even though, as the independent expert on the issue of human rights on safe water and sanitation recently pointed out, in this country ..certain groups face problems in their level of access and in the quality levels of their drinking water and there are some gaps in the legal and policy frameworkmany of the water and sanitation systems in the United States are ageing and require upgrading if they are to continue to deliver safe water and safely dispose of wastewater. 1
certain groups face problems in their level of access and in the quality levels of their drinking water and there are some gaps in the legal and policy framework many of the water and sanitation systems in the United States are ageing and require upgrading if they are to continue to deliver safe water and safely dispose of wastewater.
Alburquerque, Catalina. Independent Expert. Human Rights Council, Eighteenth session. Statement, 15 September 2011
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CONCEPTUAL FRAMEWORK
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2.
2.1
CONCEPTUAL FRAMEWORK
The Past Three Decades
The Drinking Water and Sanitation Decade ,from 1980 to 1990, as declared by the United Nations , has been, along with the 60s and 70s decades, the periods when the most improvements have been accomplished on drinking water and sanitation coverage in the LAC region 2.
Figure 1
The 90s economic crisis and the financial decline that affected many countries, coupled with the regions neoliberal politico- economic approach to partly solve their fiscal problems motivated drastic reforms in the water and sanitation sector 3. However, a great deal of effort was spent discussing management issues and, in particular, the participation of the private sector that for many years in the past had been rejected. Such discussions, however, proved to be rather unfruitful because, among other things, the large water companies that have participated as concessionaries and operators in the region have barely provided the services to a small part of
Jouravlev, Andrei. Drinking Water Supply and Sanitation Services at the Threshold of the XXI Century, UN. CEPAL, December 2004 3 The serious recession of the 1980s (the lost decade) came at a time when the countries of the region had drinking water supply and sanitation services that were highly dependent on contributions from government budgets, both for capital investments and, in many cases, for operational and maintenance costs. The negative macroeconomic environment had a strong negative impact on the allocation of resources for services provision, which was relegated to a secondary level, in view of the magnitude of the crisis and the pressures generated by the need to stabilize the economy (ECLAC, 1994). This syndrome of decay in the quantity and quality of drinking water supply and sanitation services led to a profound crisis in the sector (ECLAC, 1994) Ibid.
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the population. This fact, together with the laxity and ineffectiveness of the national governments in regulating and controlling the provision of services could well have deepened what today is still called the water and sanitation crisis, as pointed out by the independent expert of the United Nations in her statement before the 65Th General Assembly in October 2010, when talking about the recognition of water and sanitation as a human right as a step to demonstrate the political will of the international community to address the global water and sanitation crisis . The reforms that, in general, were accomplished in the LAC region in the 90s in some cases were abruptly stopped at the beginning of the XXI century due to new political changes; however, where they are still in the process of implementation, they aim to reach the following objectives: Legal changes to create adequate institutional conditions in order to separate the roles of policy making, supervision, regulation and operation of the services themselves. Decentralization of the operational responsibility for water and sanitation provision. In this way by bringing this responsibility closer to the populations and communities being served, it was believed that this would result in improved planning and service provision Allowing access of private capital and management know-how to service provision, based on the idea of attracting greater economic resources for investment and management efficiency improvements. The promotion of financial sustainability and cost recovery policies by means of water and sanitation fees that take into account the real economic costs of the service provision and, where necessary, coupled with target subsidies for the impoverished.
in spite of the efforts, the region still shows a high level of exclusion in providing these services for all and more worrisome so is that the pace at which the coverage issue is being tackled is slowing down and a situation of social exclusion is consolidating in many of the countries of the region
However as Corrales indicates in spite of the efforts, the region still shows a high level of exclusion in providing these services for all and more worrisome so is that the pace at which the coverage issue is being tackled is slowing down and a situation of social exclusion is consolidating in many of the countries of the region 4
4 Corrales, Maria Elena. Gobernabilidad de los Servicios de Agua Potable y Saneamiento en Amrica Latina, South American Technical Advisory Committee (SAMTAC), Global Water Partnership (GWP). Diciembre 2003
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More recently, at the beginning of the XXI century, the Millennium Summit of the United Nations (September 2000) when establishing its objectives for fighting poverty and setting the basis for sustainable development during the first decades of the century, adopted the well-known Millennium Development Goals, MDG. For the water and sanitation sector, these goals include the reduction by half before the year 2015 of the coverage gap in water and sanitation existing in 1990. It is important to note that these goals were set without the formulation of strategies or plans to be monitored and followed up by those countries that voted favorably on this declaration, Furthermore they lack issuing specific programs directed towards the poorest populations who are the most affected by those gaps. It could be said that the United Nations 2000 Summit somehow fell short when setting those goals for water and sanitation, if bearded in mind that just 20 years back it was promoting plans and goals for universal coverage. Currently (2011), according to the 2010 WHO and UNICEF report 5 on Drinking Water and Sanitation Progress, based on 2008 data, some countries in the region would appear to be reaching their goals. However the criteria used by such monitoring system to qualify the so-called improved access is not only imprecise but it does not adhere to the characteristics of what truly defines safe and adequate access. They are also far away from what is predicated in this regard by the human right on water and sanitation6 . This fact should lead the reader to anticipate a more worrisome situation even for those countries, as will be analyzed later on.
2.2
What Has Hampered Universal Coverage?
Without pretending to summarize in detail all the causes which have hampered universal water and sanitation coverage in most of the countries of the Americas Region, excepting USA and Canada where such goals have been reached decades ago, the following are the main reasons identified in the literature , to explain such causes: Political Lack of effective organization, accountability, evaluation mechanisms, transparency and strong political commitment and leadership for the sector, causing, among others things, inadequate monitoring of the sector conditions and performance in many of the countries.
-WHO - UNICEF.Progress on Sanitation and Drinking Water. 2010 Update. . Without human rights, the MDGs risk masking continuing inequalities, inadequate access, and exclusion . the MDGs must be differently designed if they are to meet human rights standards . Alburquerque, Catalina Indepent Expert . United Nations Sixty Five General Assembly, First Report, October 25 2010..
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Indeed, this situation has not allowed governments and sector stakeholders, in general, to comprehensively assess the problem and identify its traits. This could partially explain why governments have lacked political commitment towards its solution and have given such low priority to addressing sector challenges. Lack of recognition, in the current legal, institutional and regulatory frameworks, of the cultural and socio-economic challenges of providing water and sanitation services in the peri-urban and rural settlements which comprise the most impoverished population in need of access to the service. Existing frameworks, in general, do not adequately address their situation and must, therefore, be revised and adjusted. In countries where no framework exists at all, it must be structured and adopted. Political use and intervention of tariff systems, many times frozen or even inexistent. Social and Demographic Increasing rural-urban migration to mid-size and large cities exerts tremendous pressures over water and sanitation service provision expansion. Frequently, local water and sanitation operators cannot keep up with the pace of urban growth and sprawl. Poor populations tend to informally settle down in the outskirts of the cities, living in vulnerable areas difficult to access where the water and sanitation networks cannot be extended because of technical and economic factors such as overall irregularity of the settlements, lack of land tenure and rough topography which restrains utilities from laying down the networks and providing services. Additionally, since the population who settles in the peri-urban areas is not officially recognized as customers of water and sanitation utilities, they have no access to the subsidies, neither crossed nor targeted, which exist only for those connected to the systems. They have no access to programs such as those developed for rural communities to improve their infrastructure. In summary, the growing peri-urban population in the LAC region is not only overlooked in the coverage indicators but it is usually the least favored by existing subsidy and assistance policies making it the population confronting the most difficult situation regarding drinking water and sanitation access. In rural areas the problem is twofold: on one side the above mentioned migration process is resulting in a significant reduction of the population and, consequently, financial sustainability of the existing systems is becoming more difficult for the remaining population; on the other side, in many countries the rural population is also widely dispersed and, therefore, it is very costly to provide these services by conventional methods such as networks.
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Economic and Financial High cost of investments required to close the existing coverage gaps and the absence of sufficient resources on the part of central and local governments, as well as the lack of transparency and efficiency in their execution plus corruptive practices. Outdated tariff/fee systems, that do not take into account the real economic costs of the service provision, unfairly favoring those with larger incomes and means. Lack of innovative financial approaches jointly designed by the public and private sector. High poverty levels and very low payment capacity of the populations that settle down in the surrounding areas of large and medium sized cities. The aforementioned circumstances are being used by the utilities as a reason to not extend the networks and provide services. Technical and Operational Lack of appropriate and innovative technical solutions to provide affordable water and sanitation to peri-urban zones and rural settings. High levels of unaccounted for water in the large and medium sized cities as a result of poor management and financial constraints to carry out maintenance activities, hampering the efficient use of water and the recovery of economic resources which could facilitate access to the neediest in the peri-urban areas. Low efficiency and delivery standards in public and private water operators, despite existing regulations. Low capacity of the rural population to operate and maintain the systems. Cultural High levels of domestic water consumption in some of the countries of the region, including the developed ones which, among other things, due to the lack of metering on premises. This problem is worsened by outdated tariff/ fee systems that do not discourage wasting water. Low citizen participation in the solution and management of water and sanitation problems, particularly in rural areas and in peri-urban settlements.
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To summarize the set of causes hampering universal coverage, it could be said that: neither the public sector nor the large and private companies which have been involved so far, have realistically responded to the water and sanitation needs of the most impoverished. In the case of governments, this is attributed to an absence of commitment and resources as well as to deficiencies in the political systems themselves that do not encourage political accountability as well as stronger citizen participation in these matters. In the case of the private companies, it is mainly because their business objectives cannot be achieved. Such situation has led the poor to find their own solutions to their basic drinking water and sanitation needs; although, in most cases, they do it through inadequate and expensive practices. It is important to highlight that the cost of a water unit for the poor in some Latin American countries is over 5 times the cost for those with access to water on their premises 7; however, world statistics for the same indicator suggests that it could be, on average, up to 12 times 8. The aforementioned situation should commit governments and all stakeholders in the sector to promote and uphold sustainable and egalitarian policies and practices towards the poor. It must be recognized that the way in which the water governance systems have performed so far have failed to tackle the water and sanitation problems of the impoverished and, therefore, fails to promote and guarantee universal access to water and sanitation.
- WSP Agua y Saneamiento para las Zonas Marginales Urbanas de Amrica Latina. Memorias del Taller , Internacional Julio 2008 8 Allen, Adriana; Dvila Julio and Hofmann, Pascale. The Peri Urban Water Poor: Citizens or Consumers? . Environment and Urbanization Vol. 18 No 2 October 2006
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2.3
Significance and Scope of Universal Coverage

In a process such as the one facing the LAC region, it is important to distinguish between universal access to water and sanitation and universal access to the services. Due to the implication of this difference and although the final goal must be universal access to services, it seems unquestionable that, first of all, universal access to water and sanitation must be accomplished, in a comprehensive way, in order to meet the standards set by the normative content of the right to water and sanitation: availability quality, acceptability, accessibility and affordability9. Indeed, the improved access considered by the JMP and the safe and adequate access promoted by other organizations show important differences. The latter contemplates a more detailed set of minimum conditions to be satisfied, such as: the proximity of the access to housing; the minimum daily amount to be available and guaranteed, for some 50 l/person/ day and not 20 l/person/day; the frequency and reliability of the access; the physical-chemical and bacteriological properties of the water itself and its affordability, meaning that its payment should not affect the realization of other basic needs of the individual. Recent studies on the subject estimate that the population with safe and adequate access to drinking water and sanitation in the LAC region could be around 15 % to 20 % less than the population currently reported with improved access to drinking water, and between 20 % and 40 % regarding sanitation, based on the criteria of the JMP10. Although current indicators do not permit assessment of the entire situation, United Nations documents11 agree that those who remain outside safe and adequate access to water are mainly the poorest. Therefore, universal access to water and sanitation is to mean equity and fairness. Currently the greatest coverage deficits in many countries of the region are concentrated in quintiles 1 and 2 of the urban population where the quantity of water and the type of sanitation to which they have access are merely based on their limited economic capacity and not based on their real needs, besides having to commit a significant part of their income to pay independent water and sanitation vendors. This is the population12 which is being referred to as the water poor.
Alburquerque, Catalina Independent Expert. Human Rights Council Eighteen session. Report Part II B - Realization of the Human Rights to Water and Sanitation, July 2011 10 Gordon, Mcgrahan and Satterthwaite, David. Governance and Getting the Private Sector to Provide Better Water and Sanitation Services to the Poor. Human Settlements Discussion. Paper Series. Iied.2006. 11 United Nations Development Programme. Human Development Report 2006 Beyond Scarcity : Power, Poverty and The Global Water Crisis. 2006 12 IDB Water and Sanitation Strategic Plans. Ecuador 2008 and Per 2009.
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Another indicator of this discriminatory situation in the LAC region is that, meanwhile the 10th decile of the population (the wealthier) hardly expends 0,5 % an even less than 0,1 % of their income for first quality water services, the 1st decile (the poorest) expends more than 3,5 % of their income, and as much as 7%, for a very low quality water access13. Finally in this review and from a purely economic perspective, the benefits of reaching universal access to drinking water and sanitation are beyond doubt. The benefit/cost ratio of any economic unit invested in the sector is not less than 5 and even under pessimistic assumptions is not less than 1, depending on which part of the world it takes place14 . This is a result of savings in public health, increased productivity and human development as a whole. Therefore, this vision makes it equally important for states to prioritize universal access to drinking water and sanitation in their political agendas. No doubt, its accomplishment demands a reasonable span of time and continuous and systematic effort, setting goals through carefully structured plans that go beyond the horizon of governments in place, based on solid and strong institutions, as well as on sufficient resources appropriately and efficiently invested.
2.4
The Human Right to Water and Sanitation
The beginning of the debate regarding the promotion of access to drinking water as a human right can be traced back to the 70s. However, it could be said that by the end of the 90s and the first decade of the XXI century this debate intensified throughout the world. The peak of its recognition was reached in July and September of 2010 when the United Nations General Assembly, with the approval of more than 120 of its members and, thereafter, the Council on Human Rights of the same organization, with a majority of its votes, adopted the resolution declaring drinking water and sanitation as a human right. The debate continues and the United Nations has appointed a high level expert to make proposals and plans for its implementation15 . Recognition of the human right to water and sanitation and its incorporation in the international legal framework 16, as well as, of the set of obligations, principles and criteria that have been promoted
Soares, Rangel; Griesinger, Marilena; Dachs, Norberto; Bittner, Marta and Tavares, Sonia. Inequities to and use of drinking water services in Latin America and the Caribbean. Panam Salud Pblica. 2002. 14 Hutton, Guy; Haller Laurence and Bartam Jamie Global Cost Benefit Analysis of Water Supply and Sanitation Intervention. Journal of Water and Health 05.4. WHO 2007. 15 Note. In September 2008 the Council appointed Mrs. Catarina de Albuquerque, as an independent expert for a period of 3 years. Mrs. Albuquerque started her duties on November 1st 2008, and they were extended for three more years at the Sixteenth session of the Human Rights Council trough the Resolution 16/2 of march 24 2011. 16 The human rights are not an option and cannot be put off due to particular interests of a government. They are to be demanded and commit the states with clear responsibilities; they point out those entitled and the duties of the responsible for their fulfillment. That means more accountability and a limit to private interests and to the states themselves. Ingeniera Sin Fronteras-Asociacin para el Desarrollo y UNESCO ETXEA Espaa Derecho al Agua, Implementacin del Derecho Humano al Agua. 2010.
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to characterize it since 200217 and recently extended by the reports issued by the independent expert of the United Nations is yet a task to be completed 18. However there is no doubt that this recognition will contribute to strengthen a reference framework, which must commit all the stakeholders in the sector, independent of their nature: states, citizens, public and private operators, etc, towards its implementation. Beyond the basic requirements that apply to all human rights, based on the General Comment No 15, the sub commission guidelines, as well as on the more recent reports issued by the independent expert the right to water and sanitation specifically includes the following normative conditions:
NORMATIVE CONDITIONS INCLUDED IN THE WATER AND SANITATION RIGHT

1. Availability: The human right to water is limited to personal and domestic use and contemplates a sufficient supply for each person for these purposes. Likewise, a sufficient number of sanitation facilities must be available. 2. Quality: Water has to be safe for consumption and other uses and must not pose a threat to human health. Sanitation facilities must be hygienically and technically safe to use. To ensure hygiene, access to water for cleansing and hand washing after use is essential. 3. Acceptability: Sanitation facilities, in particular, have to be culturally acceptable. This will often require gender-specific facilities, constructed in a way that ensures privacy and dignity. 4. Accessibility: Water and sanitation services must be accessible to everyone in the household or its vicinity on a continuous basis. Physical safety must not be jeopardized when accessing facilities. 5.Affordability: Access to sanitation and water must not hinder the ability to pay for other essential necessities guaranteed by human rights such as food, housing and health care.
Note. The Committee on Economic, Social and Cultural Rights in 2002 adopted the General Observation Nr. 15: The Human Right to Water. Afterwards in 2005, The United Nation sub-commission to promote and protect Human Rights complemented the analysis in the document Guidelines to realize the Human Right to Water and Sanitation, 18 Note. The independent expert has issued reports on criteria for assessing good practices from a human rights perspective in July 2010 as well as a compilation on good practices in June 2011.
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For the sake of clarity it is also important to point out what the human right to water and sanitation does not mean 19
MISUNDERSTANDINGS
The right to water and sanitation implies that water and sanitation services should be provided for free.
CORRECT INTERPRETATIONS
Water is a scarce and valuable natural resource. It is a social and economic good. This means that those able to pay should do so in order to ensure the sustainability of water services. However, tariff systems must be adjusted according to the payment capacities of different user groups. The human right also requires access to a certain quantity of water necessary for survival - even in return for limited or no compensation. The latter applies only in exceptional situations of extreme poverty or refugee crisis As for sanitation, States are not obliged to provide facilities free of charge. People who are able to pay for sanitation facilities can be expected to contribute financially A State compromises the right to water if the government does not undertake strategic steps within its means to move as expeditiously and effectively as possible towards fully realizing the right. At the same time, it is necessary that the State continues to improve access and quality of other basic services such as education or health Each country can choose a legal form of service provision - be it public or private, through NGOs or community-based organizations. Governments must exercise effective control and are ultimately responsible for the availability, accessibility, affordability and quality of the services. They must ensure that services are delivered in accordance with existing national standards and human right obligations.
A State violates the right to water if not everybody within its territory has access to sufficient and affordable water of acceptable quality.
The right to water requires that water and sanitation services be provided through public entities, i.e. state-owned institutions.
Levin, Thomas ; Nierenkther Mijako and Odenwlder Nina. . The Human Right to Water and Sanitation, Translating Theory into Practice. GTZ. 2010
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MISUNDERSTANDINGS
The right to sanitation requires States to construct household toilets and to provide access to sewer systems.
CORRECT INTERPRETATIONS
Governments are not obliged to build household toilets. The legal responsibility lies with the landlords or occupants themselves. However, governments must provide support by creating an enabling environment, i.e. framework conditions which lead to the progressive realization of basic sanitation for all. The human right to sanitation does not dictate any specific technology
The right to water cannot be fulfilled if there is not enough water for everyone.
A sufficient amount of water resources is not a question of raw water availability but rather a question of equitable distribution. The right to water only covers basic personal and domestic needs, i.e. the availability of at least 20 liters of water per person, per day. as an acceptable minimum States must ensure that service provision complies with the human rights standards. As long as service provision remains informal and, thus, unregulated, States do not comply with the human rights requirement to protect consumers effectively from refusal of physical access, from unsafe quality or from unaffordable prices, all very common problems of informal service provision
The practical approach to implementing the right is offered by informal service providers since they offer services to those currently unserved.
Based on the above, it can be concluded that the design of policies and plans of action oriented to guarantee the universal access to drinking water and sanitation and, likewise, to fulfill the human right to water and sanitation, will require the States to assume a principal and leading role, more committed, transparent and efficient than it has ever been. Consequently, the human right to water and sanitation should become an instrument to demand unwavering political commitment to the sector and to mobilize international support needed to prioritize the goal of water and sanitation for all. Joining the task of universal coverage to the human right to water and sanitation will not only help to reach such goal but would also be carried out according to the following principles:
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More efficiency and accountability on behalf of each one of the stakeholders, which must guarantee, plan, regulate, supervise and provide access to these basic services. Focus on the most vulnerable members of the population, taking into account aspects of socio-economic conditions, gender, race and religion. Encouraging greater participation of the communities in the decision process, through its empowerment, as well as through their commitment to comply with their obligations and duties.
Despite the above, it is undeniable that implementation of the international resolution regarding the human right to drinking water and sanitation, besides good intentions and commitment at the national and local levels, requires great political will and a great deal of financial and social mobilization and external support20.
Langford, Malcom. Tragedy or triumph of the Commons? Human Rights and the World Water Crises. Centre on Housing Rights and Eviction, Germany; Visiting Fellow, Norwegian Centre on Human Rights, University of Oslo 2006.
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KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION
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3. KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION

Based on the above analysis regarding universal coverage, and complemented by comments and observations brought to the table by human rights organizations21 to jointly satisfy the right to water and sanitation, the following are considered the key elements to be taken into account by policy makers and planners in order to reach universal access to water and sanitation. They have been organized within what has been pointed out by the IFC as crucial conditions for sector success. In any case, however, it must be taken into account that there is no overall unique approach and, to the contrary, the right-based approach in each case (country) should be the result of the analysis of its specific conditions, meaning that a general agenda for reforms and actions seems unfeasible.
3.1
Governance
To prioritize the water sector in the political and social agendas of the governments in the region
Currently the access to water and sanitation for the peri-urban and some rural communities is not supported by policies and programs specifically developed to such aim. Access is usually done individually by those directly affected, as part of their struggle for survival or tackled in a piecemeal and haphazard manner by local authorities. As a consequence, the need to develop policies addressed to the poorest is profoundly important. These policies must be coherent and solid and must recognize not just the existence of the poor but also consider their customs, cultures and realities. Indeed, during the international workshop held in Medellin in 200822 , one of the conclusions regarding strategic planning for the sector is that all the participants, service providers, regulators and ministries agreed on the need to develop specific policies for the poor. Among other reasons, because people in the peri-urban settlements cannot be approached in a traditional way since their economic and educational conditions and cultural values are to be taken into consideration.
COHRE, AAAS, SDC and UN-Habitat. Manual on the Right to Water and Sanitation. 2007. WSP Agua y Saneamiento para las Zonas Marginales Urbanas de Amrica Latina. Memorias del Taller, Internacional Julio 2008.
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Policies and plans must take into account that these problems cannot always be resolved through conventional solutions, nor in an immediate way. Improvements should be made in a progressive manner through means whose feasibility could be strengthened by the explicit recognition of the Human Rights approach and its incorporation in the national and local legislatures. Policies should line up all the stakeholders roles and responsibilities, helping to create enabling environments and synergies between them for the purpose of expanding access to water and sanitation for all. These policies, among other aspects, should also be oriented towards controlling vested interests, since they could be contributing to maintain the inferior conditions in which the poor satisfy their water and sanitation needs.
BOX 1 THE PDA23 STRATEGY IN COLOMBIA

The National Development Plan Law for 2007-2010, established the Departmental Water Plan (PDA) Strategy as the national policy for the water and sanitation sector under the following criteria: (i) A fund where resources from all stakeholders are allocated; (ii) Effective inter- institutional coordination, (iii) Efficient provision of drinking water and sanitation services in urban and rural areas (public, private or mixed), (iv) Solidarity, sustainability, economic efficiency and financial sufficiency. (v) Efficient and transparent management of the resources (vi) consensus and prioritization of integral projects. The 1176 Law creates an exclusive fund for water and sanitation and allocates 5.4 % of the SGP12 (General Participation System, which are the funds that the central government transfers to local governments from its revenues) This policy has been ratified and extended to the rural areas in the New National Development Plan 2011-2014, recently approved by the Colombian Congress. Policy making for the sector should also be more articulated with policies of related sectors such as urban planning and housing, public health, economic development and adaptation to climate change and risk management among others. In the case of housing policies, it should be taken into account that increased water and sanitation coverage could be reached through a more comprehensive
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Note. Of its denomination in Spanish: Plan Departamental de Agua PDA
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approach to land tenure at the urban level. In this regard, policies for the water and sanitation sector must also consider ownership of the land or premise in order to allow the utilities to provide water and sewer services. Other forms of land tenure such as possession, or landlords connections to service networks when renting their properties should also be considered. Programs for housing rehabilitation and relocation to more prone, dense and safe areas in the urban settings are also very significant, as long as they will allow for more efficient use of the existing infrastructure, avoiding expensive network extensions to the urban outskirts. Likewise, water and sanitation policy makers must join their efforts with public health and economic development policies, oriented to improve the hygienic conditions of the population as well as its job opportunities and income situation. It must be kept in mind that better income is an essential factor for guaranteeing the sustainability of the services and their infrastructure over the long term. Additionally, the water and sanitation sector must initiate provisions to face climate change and achieve water security of urban settlements. to develop appropriate tools and mechanism, which may encompass legislation, comprehensive plans and strategies for the sector, including financial ones, to achieve progressively the full realization of human rights obligation related to access to safe drinking water and sanitation, including in currently unserved and underserved areas. In this regard, the right to water and sanitation calls on governments to commit them to revise current legislations so that they are compatible with the obligations implied in the human right framework. Furthermore, the United Nations SubCommission on Human Rights says: States at all levels of government give priority in water and sanitation policies and programs to the persons without any basic access. The resolution 15/9 (September 2010) from the Human Rights Council calls upon the States to, among other things, to develop appropriate tools and mechanism, which may encompass legislation, comprehensive plans and strategies for the sector, including financial ones, to achieve progressively the full realization of human rights obligation related to access to safe drinking water and sanitation, including in currently unserved and underserved areas.
Making The Technical and Operational Standards More Flexible and Innovative
At least on a temporary basis while the economic conditions for allowing infrastructure investment and service sustainability are improved, efforts must be made to make the current technical standards for designing and building water and sanitation systems more flexible. This is to be applied not just for the urban settings but as well for the rural projects where operational conditions in many aspects are quite different from those in the urban areas and they are usually disregarded in the existing standards. The new standards for the urban settings are to allow alternative layouts such as decentralized modular solutions, usage of reduced cost solutions without setting aside minimum standards of quality or the retrofitting of the current infrastructure to make it more sustainable from an economic and environmental standpoint, among others.
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When peri-urban settlements are developed in high risk and vulnerable areas, prone to landslides or flooding, hazard and risk evaluation studies should be carried out beforehand in order to establish whether such hazards can be controlled and risks can be mitigated. Otherwise, the population settled in these areas should be relocated. Therefore, water and sanitation solutions approached under more flexible standards in peri-urban areas should only be considered once these zones have been evaluated as technically safe. When addressing this issue during the aforementioned workshop held in Medellin in 2008, it was agreed that this approach demands a transparent and open minded attitude on behalf of all stakeholders, as it was shown through the experiences of Tegucigalpa and Lima, where a close relationship between institutions and community was demonstrated, as well as the utilization of special techniques such as the condominium solutions, to reduce costs of sewer systems.
BOX 224 THE CONDOMINIAL SYSTEMS IN LIMA PERU

In order to extend the water and sanitation services in the outskirts of Lima, SEDAPAL the company responsible for providing these services has been working with condominium solutions for both, water and sanitation services. The system is based on providing the services by blocks or group of houses and not by individual household connections In this way, the public network is only connected at one point, therefore reducing the length of pipes required by a conventional network solution. This also allows for better location of the pipe branches, according to the local topographic conditions. These systems have resulted in significant savings in construction costs around 35 % less than the conventional systems. Additionally, with these systems the number of connections has reached 100 % of the premises located in the blocks; meanwhile the number of connections to the traditional systems hardly reaches 57%. Since 2006 SEDAPAL has been executing a plan to provide services to 500,000 people through 105,000 connections, more than 90% of those being made by condominium solutions. Another very important aspect of these solutions is the level of community participation and the special arrangements secured with pipe and special features providers.
WSP. Agua y Saneamiento para las Zonas Marginales Urbanas de Amrica Latina. Memorias del Taller Internacional Julio 2008
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In the rural areas, these new standards are also to consider cultural practices of the communities in order to satisfy their basics needs, as long as these can be considered environmentally and hygienically functional.
Information, Evaluation and Monitoring

There will be difficulties in structuring and developing public policies and mechanisms towards universal coverage in water and sanitation unless more reliable and solid information systems are designed and implemented. Without improved information systems, it will be difficult to follow-up and monitor progress, impacts and outcomes of the policies. This situation also means that it will be difficult to identify those actions and changes which must be taken when necessary. The scope and aims of the information systems should be also a result of consensus, where the roles and responsibilities of each stakeholder as regards to the system and its maintenance should be appropriately defined.
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3.2
Financial Sustainability
Calls upon States and international organizations to provide financial resources, capacity-building and technology transfer, through international assistance and cooperation, in particular to developing countries, in order to scale up efforts to provide safe, clean, accessible and affordable drinking water and sanitation for all
Enhance Financial Policies

For Infrastructure Purposes Through the literature review, it can be concluded that the infrastructure gap, which partly explains the problems of coverage, will demand the allocation of larger economic resources on behalf of the States in a more continuous way than it has been done in the last years25. In the case of the LAC region, this effort will have to be increased at least during the next ten years . This would need to be done through investment plans based on a real evaluation of the problems in each one of the countries, with significant participation of the communities in planning, formulating and designing programs and projects which are to be executed in a transparent manner and continuously monitored by the States and communities. To this aim, the Resolution 64/292 (July 2010) from the General Assembly of the United Nations calls upon States and international organizations to provide financial resources, capacity-building and technology transfer, through international assistance and cooperation, in particular to developing countries, in order to scale up efforts to provide safe, clean, accessible and affordable drinking water and sanitation for all. For service purposes To guarantee sustainability of the services, the need for a strengthened, transparent and fair tariff/fee systems, is unquestionable. According to the policy and legal frameworks of each country, these systems are to recover totally or partially the costs of capital investment for expansion, rehabilitation, maintenance and operation of the systems. They will have to deal with drinking water and sanitation as social and economic goods whose efficient and adequate provision has a cost that must be paid for by all those able to do so. However, for those with scarce resources, it would have to be partially or totally paid for by their governments. All of the above implies improving and deepening the subsidy policies currently existing in some countries for the less favored population, plus the creation of this type of system where it does not exist yet. In general, more transparent and defined mechanisms for handling subsidies must be identified in order to achieve: (i) that only those who need them will have access to them and that the conditions which entitle a population to such benefits are monitored to validate their needs over time. (ii) that these subsidy programs not only reach those connected to a service network but also the peri-urban and rural
Ducci, Jorge: Drinking Water, Sanitation and the Millennium Goals in Latin America and the Caribbean. IDB, 2010
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population outside the network systems and (iii) that the origin and sustainability of the resources required to maintain these subsidy policies are guaranteed throughout the period of time during which such subsidies can be demanded, since they are essential to maintain sustainability of the service.
BOX 326 THE SUBSIDIES FOR THE POOREST IN CHILE

The transformation of the sector in Chile between the 70s and the 90s, which included participation of private water utilities as concessionaries, resulted in increased tariffs. Consequently a debate arose on the problem of guarantying access to drinking water and sanitation for the poorest. In order to facilitate the implementation of the reforms and to ensure that all population could have access to the water and sanitation services, a subsidy mechanism was designed in the regulatory system to protect most vulnerable groups. Thus, in 1989 a first law was issued establishing a subsidy for the payment of W&S for the poorest. Later on, amendments were made in 1991, 1994 and 1998. The law is intended to complement the law on tariffs. The system is a direct subsidy targeted to users in order to grant access to the basic consumption needs of poor households. The law fixes a percentage to be subsidized, between 25 % and 85 % for the first 15 m3 of consumption per month. The law also enables the rural population to gain access to these subsidies. The subsidy should cover only the difference between actual consumption and the ability to pay. By the law called Chile Solidario which established a system of social protection for families in a situation of extreme poverty, an additional subsidy allows for covering 100 % of the first 15 m3 of water consumption. Utilities and municipalities have been jointly working to make these subsidies operational; moreover, the companies promote the system among citizens, since through this mechanism they rescue the owing customers and they ensure receiving the subsidy for the basic consumption of those homes. The system is administrated by the Superintendence of Sanitation Services, who determines the amount of the subsidies by regions and/or tariff groups, considering the levels of family income, so that the payment of the basic
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GWP. Case Study: System of households water usage subsidies in Chile. Toolbox.
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15 m3 consumption not represent more than 5 % of the family income. This subsidy system is managed by the corresponding municipalities, which in turn are responsible for the registration process and selection of beneficiaries.
Notwithstanding the above, it is important to bear in mind that to guarantee a sustainable financial approach for the systems and, even more, to develop a sense of ownership of the systems by the communities whereby economic contributions by the poor, regardless of their amount, must be encouraged. On these aspects, the most recent report by the independent expert to the General Assembly of the United Nations in August 2011 calls for the following: Prioritize funding, both in the national budget and for official development assistance, for water and sanitation with a particular focus on extending access to the unserved or under-served. Ensure that household contributions, whether tariffs or other forms of contributions, remain affordable, including by establishing supplementary systems to support low-income households to gain and maintain access to water and sanitation. Increase the percentage of international aid allocated to water and sanitation and incorporate a human rights approach. Ensure that funding to the sectors is reported by all actors, including donors, private providers and non-governmental organizations, in order to obtain a complete picture of the resources allocated to the sectors and how it is being targeted;
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Prioritize spending on systems which are more likely to reach the most marginalized and disadvantaged, including ensuring that a piped water supply is also available to informal settlements. Ensure transparency of budgets and other funding for the sectors, including disaggregated information
3.3
Enabling Environment
Strengthening of the Government and Institutional Development of the Sector Despite the changes and reforms that the sector has experienced in almost all of the countries in the LAC region over the past two decades, it seems worthwhile to make a new review in order to adjust and specify the roles and accountability of all the stakeholders, in order to make them more visible and independent, as well as more properly regulated, committed and accountable. This is mostly to pursue a new form of governance. Despite the changes and reforms that the sector has experienced in almost all of the countries in the LAC region over the past two decades, it seems worthwhile to make a new review in order to adjust and specify the roles and accountability of all the stakeholders, in order to make them more visible and independent, as well as more properly regulated, committed and accountable. This is mostly to pursue a new form of governance. Under this new governance of the sector, the State should not continue to be perceived as only a tool of policy strategy, limited to guarantying the functionality of the sector by regulating and supervising the relations between service providers and communities, as it has been presented over the past decades. The State should play a very important role steering the reform process and institutional development process of the sector, assisting in envisioning the challenges and opportunities of the sector and fostering the generation of consensus and collective action amongst stakeholders as well as the peaceful conflict resolution of disputes,. The State must help to define and progressively analyze the type of institutional arrangements already existing and identify the necessary changes required. It must also review and adjust the rights and duties of the stakeholders, distribute the resources and aim for the well-being of all27. Statecraft and institutional development of the water sector should also contemplate making some of the current regulations more flexible in order to manage the conditions existing in the peri-urban zones, allowing for greater community participation and public-private partnerships.
Castro, Esteban, Water Governance in the XXI Century. Ambiente & Sociedades. v X. n2 July December 2007.
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It seems appropriate to consider and develop a broader set of regulations oriented towards the poor and less favored urban areas, to be taken into account in the contracts and obligations to be fulfilled by the utilities, whether they are public or private. Last but not least, improving governance should also mean including more active participation of the most vulnerable groups and of the community in general. Regarding regulation aspects, the independent expert of the United Nations remarks The full realization of human rights can require complex trade-offs that are even more difficult in situations of economic crisis. Having a plan or a vision guided by a human rights framework helps authorities to prioritize the realization of human rights above other considerations. Yet, a human rights framework provides no single answer on how to set priorities in a case where not all can be reached at the same time for instance the distribution of resources between neglected remote rural areas and deprived urban slum areas. What human rights standards and principles call for is that such allocation decisions are not based solely on a cost-utility analysis, but are the result of a democratic, participatory and nondiscriminatory process28. Promotion of Incentives for Service Efficiency, Accountability and Commitment to the Poorest Efficiency in providing these services is to be understood in a comprehensive manner, which is: optimum usage and management of available natural and economic resources; service quality; accountability at all levels and community satisfaction, regardless of whether the ownership of the utilities is public or private. Combined together, these features of good management will permit broader access to the services and should result in a significant increase in terms of equality, particularly for those occupying the peri-urban areas of the large and medium size cities 29. To the above end, the structure and corporative management of the public utilities should be improved by holding their directors and operations staffs more accountable should they mismanage the available resources or demonstrate negligent behavior, including with their own economic goods. Indeed, utilities, public and private, can do much more regarding unaccounted for water in large and medium sized cities. All of this should be promoted by the existing regulations, directing the benefits of such actions to the poorest population.
Alburquerque. Catalina. Independent Expert. Human Rights Council, Eighteen session report. Conclusions - Providing a Framework for Prioritization, July 2011 29 Alfaro, Raquel ; Fomento de la Eficiencia en las Empresas Estatales de Agua y Saneamiento, CEPAL, GTZ 2009
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The full realization of human rights can require complex trade-offs that are even more difficult in situations of economic crisis. Having a plan or a vision guided by a human rights framework helps authorities to prioritize the realization of human rights above other considerations. Yet, a human rights framework provides no single answer on how to set priorities in a case where not all can be reached at the same time for instance the distribution of resources between neglected remote rural areas and deprived urban slum areas. What human rights standards and principles call for is that such allocation decisions are not based solely on a cost-utility analysis, but are the result of a democratic, participatory and non-discriminatory process
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BOX 4 TEMPRESAS PUBLICAS DE MEDELLIN PROGRAMS TOWARDS THE PERI-URBAN COMMUNITIES IN MEDELLIN30
The Municipality of Medellin is responsible for guarantying the utilities to its citizens, which is done through Empresas Pblicas de Medellin (EPM), owned and run by the municipality. For the water and sanitation sector there are no other alternatives in the area. Currently its drinking water coverage is 98 % and sanitation is 94 %. These indicators, however, do not include those which occupy the so called informal areas, where the poorest population of Medellin settles down as a result of migratory waves caused by forced displacement in the rural areas of the Department of Antioquia. Many of these neighborhoods have been progressively incorporated in the system through urban infrastructure improvement and legalization of the land tenancy. This approach has allowed communities to request water and sanitation services from EPM and to be connected to their networks. Indeed, those informal neighborhoods which have no formal connection to the EPM networks have access to drinking water through one of the following options: (i) illegal connection to the EPM network; (ii) community water systems which are built by the community taking advantage of a nearby creek, and (iii) Community connections provided by EPM whose distribution connection is carried out by the community as they deem it appropriate. For this service, EPM charges the community a fixed monthly fee which, subsequently, when the community fulfills the requirements to have water access in their premises, EPM takes into account as part of the connection costs. Since 1957, EPM has also been applying a set of policies oriented to facilitate access to drinking water and sanitation of the poorest areas of the city through programs which start with actions to improve their housing conditions, so they fulfill the conditions to be connected to the services networks. The policies are based on the following principles: sustainability, inclusion, learning, consensus and cooperation. Another important part of these programs is the so called Social Contracting, which takes place between EPM and organized communities so that the latter can work in the expansion and maintenance of the service infrastructure. This mechanism involves the community participation from the moment the project is conceived, creating a sense of ownership and closeness between EPM and the community. Regarding these issues, the General Comment 15 on the human right to water and sanitation points out: States should ensure that everyone has a sufficient amount of waterby adopting and implementing integrated water resources management programs and water efficiency plans reducing water wastage during distribution
WSP Agua y Saneamiento para las Zonas Marginales Urbanas de Amrica Latina. Memorias del Taller Julio 2008
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Likewise, it is considered within the human right to water and sanitation framework31 that governments should promote efficiency and accountability through reforms leading to: (i) eliminate unnecessary labor force in water utilities, (ii) enforce leakage reduction (iii) formalize illegal connections, (iv) ensure transparency and accountability on behalf of main stakeholders.
Greater Empowerment of the Citizen

It is imperative to promote and support greater mobility, participation and commitment of the citizen and their communities in the structuring of the water and sanitation sector and its management. The demands of the people for better access and services should take place within a well-established framework designed by all of the stakeholders in the sector. The aim is to endow everyone with rights and more control over these essential services, as well as with duties to be fulfilled regardless of the nature of each one, to create a service culture which helps to demand efficiency, payment of its cost, according to each ones capacities, and rational use of water. The above will imply significant effort to educate and capacitate the communities about water and sanitation issues, such as: their importance to health; the requirements for constructing the systems as well as for their maintenance and operation in order to make them perdurable and sustainable. The foregoing should be carried out in such way so that myths can be destroyed and replaced by basic knowledge and so that consensus and commitments to the aim of reaching water and sanitation for all can be achieved. In this regard, it is important to point out that the human right to water and sanitation advocates not just participation of the community in decision making processes but also the pursuit of true empowerment of the communities, mainly by those who do not have access to water, in order to strengthen their efforts to gain access to these basic services.
States should ensure that everyone has a sufficient amount of waterby adopting and implementing integrated water resources management programs and water efficiency plans reducing water wastage during distribution
Key concepts
The human right to water and sanitation should become an instrument to demand unwavering political commitment to the sector and to mobilize international support needed to prioritize the goal of water and sanitation for all. There is no unique approach in order to reach universal access to water and sanitation but, to the contrary the right approach in each case (country) has to be the result of the analysis of its specific conditions, and therefore that a unique agenda for reforms and actions may be fruitless. The economic contributions by the poor, regardless of its amount, must be encouraged for guaranteeing a sustainable financial approach for the systems.
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COHRE, AAAS, SDC and UN-Habitat. Manual on the Right To Water and Sanitation. 2007
CURRENT SITUATION OF WATER AND SANITATION ACCESS AND SERVICES IN THE REGION
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4. CURRENT SITUATION OF WATER AND SANITATION ACCESS AND SERVICES IN THE REGION
Based on the key elements set forth in the previous chapter, this chapter will attempt to present the situation of the LAC region with regards to its goals for universal water coverage and sanitation. The analysis begins with a brief abstract of the current coverage indicators for both services, followed by a review of the situation that many countries in the LAC region reflect, as compared to the conditions deemed necessary to successfully achieve the goal of universal safe water and sanitation, which are: Good governance, Financing Water for All and Enabling Environment.
4.1
Progress regarding Millennium Development Goals (MDG)
With the imminent arrival of 2015 as cutoff year for the accomplishment of the MDG, it has become imperative to review the progress of the water and sanitation services that has been achieved so far. One of the most recent efforts made on data compilation and monitoring is found in the WHO-UNICEF JMP publication entitled Progress on Sanitation and Drinking Water -2010 Update which is based on 2008 data and describes how LAC countries have advanced in relation to the Millennium Goals.
Drinking Water, Sanitation and the Millennium Development Goals in Latin America and the Caribbean
4.1.1
MDG Compliance at Regional Level
Despite the deficiencies and inconsistencies of the information provided by the countries, the JMP document registers coverage statistics on improved water and sanitation for 1990, 2000 and 2008. This report also reveals some of the disparities that affect the attainment of water coverage and that need to be considered, as follows: i) the difference between the achieved access to improved water and to improved sanitation, ii) the gap in access to water and sanitation between urban and rural zones, iii) the breach between the different regions of the world as a result of discordant baselines and iv) internal social and socioeconomic differences of the countries. Based on the JMP information mentioned above, the document Drinking Water, Sanitation and the Millennium Development Goals in Latin America and the Caribbean32 present a general view of the economic challenges facing the LAC countries, as concerns the MDG on safe water and sanitation, and present an initial overview of the investment resources required to obtain universal coverage in 2015 and in 2020 as reference time limits.
Ducci, Jorge. Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean. IDB 2010.
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For the region as a whole, the information suggests that the 93 % level of improved water coverage expected with the Millennium Goals has been achieved and slightly exceeded as shown in Figure 2. Meanwhile, sanitation coverage does not reach the expected 85 % target set for the region. It is important to note, as already done in a previous chapter, that it is necessary to establish the difference between the concept of improved access used by the JMP indicators, and the concept of safe and adequate access the latter being not only more complete but also more consistent with the human right to water and sanitation criteria.
Coverage Evolution of Sanitation and Safe Water vs. the MDG, until 2015 Latin America and the Caribbean (%)
Figure 2
Source of the information: Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB
It is noted, however, that values presented in the above figure mask important disparities between the different sub-regions, countries and between urban and rural zones.
4.1.2
Sub-regional Status
The study of the sub-regional status and its heterogeneity is made by using the same grouping proposed by the World Health Organization in its Regional Report on the Evaluation 2000 in the Region of the Americas: Water Supply and Sanitation, Current Status and Prospects in which the different countries of the Americas Region were arranged in six different groups, each with countries with certain affinity and similar characteristic in the sector development for the purpose of facilitating analysis The different countries were grouped as follows:
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Group I: Canada and the United States Group II: Brazil and Mexico Group III: Andean countries (Bolivia, Colombia, Ecuador, Peru and Venezuela,) Group IV: Southern Cone (Argentina, Chile, Paraguay and Uruguay) Group V: Central America, Hispanic Caribbean and Haiti Group VI: English Caribbean, French and Dutch speaking countries, Guyana and Surinam. As shown in Figures 3 and 4, Groups I and II represent the countries with the highest economic development in America and together they show the best coverage indicators for water and sanitation, surpassing the MDG in both services, with the exception of Brazil which has not reached the global regional goal of 85 % concerning sanitation33 .
Figure 3 Improved Water Coverage for Latin America and the Caribbean, in 2008 Sub-regional Status by Country, Urban and Rural (%)
Source: The authors with information of the document Progress on Sanitation and Drinking Water 2010 Update, WHO-UNICEF, 2010 Note. Mean MDG for the LAC Region: 93% improved water and 85% improved sanitation; Ducci, Jorge. Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB; 2010.
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Figure 4 Improved Sanitation Coverage for Latin America and the Caribbean, in 2008 Sub-regional Status by Country, Urban and Rural (%)
Source: The authors with information of the document Progress on Sanitation and Drinking Water 2010 Update, WHO-UNICEF, 2010
Andean and Southern Cone countries, groups III and IV, form the South American sub-region, with the exception of Brazil. In these countries, the coverage achievements have been significant, although only a few of them have reached the MDG targets. In particular, group IV countries show the best results concerning the Millennium Goals, Uruguay standing out with total coverage and Chile with coverage close to 100 %. For both groups the gap between water and sanitation is noticeable, especially for group III countries where Ecuador is the only one seeming to reach the MDG goals for sanitation. Groups V and VI countries also show very dissimilar behavior, where only the English Caribbean islands stand out with high levels of coverage.
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4.1.3
Rural Situation
The situation shown by these global indicators masks, as mentioned previously, the disparities affecting both the peri-urban population, (which usually are not adequately taken into consideration by the information systems currently used) and the rural population that presents the most critical conditions and demand for urgent attention. As illustrated in figure 5, only 11 countries in the American region have been able to surpass the regional MDG for improved water in their rural zones. In the rest of the countries, the rural coverage varies between 55 % in Haiti and 91 % in Costa Rica.
Figure 5 Improved Water Coverage in Rural Zones 2008 Sub Regional Status by Country (%)
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Likewise, only 56 % of the rural population in the region has access to improved sanitation services34 but, as it is shown in Figure 6, at a national level the condition of sanitation in rural zones is even more critical considering that rural coverage in 20 of the LAC countries fluctuates between 9 % in Bolivia and 84 % in Jamaica.
Figure 6 Improved Sanitation Coverage in Rural Zones 2008 Sub Regional Status by Country (%)
Upon comparing the total average water and sanitation coverage in these countries with the corresponding average coverage in rural zones, it can be observed that a difference of 17 percentage points still exists between urban and rural access to improved water and a difference of 31 percentage points between urban and rural access to improved sanitation. This supports the idea that most of the efforts made to date have been focused on populations living in urban areas where the extension of networks and the expansion of systems is technically easy and where the financial recovery of investment and the costs of operation and maintenance is more certain, leaving behind less favored areas, such as peri-urban and rural zones.
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WHO-UNICEF. Progress on Sanitation and Drinking Water. 2010 Update, 2010.
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To conclude this review of the MDG goals regarding W&S in the region, it is important to note that a comprehensive analysis to assess the reasons and factors which could be contributing or impeding the reaching of such goals has not yet been carried out, neither by the countries, nor by other institutions. In this regard, the consultants, based on the analysis of the documents available for this paper, particularly the sector strategic plans developed by IDB, have found that only in very few countries specific strategies were set to reach such goals, as it was thought to have been the case.
Key observations
Although information suggests that the 93 % level of improved water coverage of the MDG has been achieved, the requirements of quality expected with the human right are not satisfied in the majority of the countries. No specific plans have been defined for the accomplishment of the MDG. Not a comprehensive analysis to assess the reasons which could be contributing or impeding the reaching of MDA goals has been carried out.
4.2
Review of Prospects of Countries in the Region
As mentioned at the beginning of this chapter, based on the analysis of the information available for a representative and significant number of countries in the LAC region, below is shown a compilation that attempts to present and briefly describe the status of the water and sanitation sector in each one of those countries as regards the conditions and key elements previously established for successfully reaching universal coverage goals within the realm of the Human Rights of Drinking Water and Sanitation, in the near future. In accordance with the situation of the sector and the causes and key aspects pointed out above, governance will focus on political, legal and institutional mechanisms available for the sector, financial situation will assess resources availability, financial strategies to ensure investments and sustainability of the sector services such as tariffs and subsidies for the disadvantaged population and enabling environment will seek public policies; rural and peri-urban population inclusion, community participation, laws or programs specifically addressing the water and sanitation access by the less advantaged social groups and explicit acknowledgment of the human right to water and sanitation in the laws addressing the sector. The situation of each country has been obtained through analysis of the following documents: Sector Strategic Plans (SSP)35 made by the IDB between 2008 and 2010; reports and declarations on the Human Right to Water and Sanitation by the
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Note. Sector Strategic Plans (SSP) or in Spanish: Planes Estratgicos Sectoriales (PES)
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LAC countries to the Office of High Commissioner for Human Rights of the UN in Geneva; reports on meetings of the Latin American Conference on Sanitation LATINOSAN and some additional documents received from the members of the task group or known to the consultants through their experience in the region.
4.2.1
Sector Governance
As pointed out in chapter 3 the legal, political and institutional instruments of a country may help to assess its governance condition. Through this framework, countries guide their political actions and set the implementation mechanisms for reaching the objectives sought by public policies. Concerning governance of the water and sanitation sector, the existence and real implementation of a specific legal framework composed of laws on water and sanitation public services provision and its technical and operational regulations, among others, affords better conditions for improvement of the sector, However, it should be noted, that this framework can perhaps be developed and achieved through other types of legal and normative models. Likewise, the existence and continuance of an explicit institutional arrangement capable of implementing laws, policies and regulations for the sector becomes a necessity to guarantee its governance. Under this criterion, the governance countries` situation is presented in the following Chart, which was developed according to the information available for each country36. Each situation is shown in terms of the existence of the legal elements mentioned above and the kind of institutional organization that the sector counts on in each country. No assessment of the effective application could be made.
GROUP / COUNTRY
GROUP II
REMARKS
Brazil
In spite of its federal political organization, this country holds a national regulatory framework Law 11.107-05.The National Plan for Sanitation is in its final conclusion phase, and should be implemented as of 2011, within the frame of Law n 11.445/2007. This law organizes the sector under the principles of universality, sustainability, transparency and social control among others. The water sector in Brazil lacks adequate coordination with other related sectors.
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Note. Group I countries (USA y Canada) are not included
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GROUP / COUNTRY
REMARKS
Although it has a federal political organization, this country has a water law LAN 2004, of national character. There is an institutional arrangement in order to orient the services. Each one of the states also have sector plans and organization. Management is not sufficient.
Mexico
GROUP III There is a national law on Water and Sanitation services, 2000, partially in force. There is an institutional arrangement in place; the sector is under the Vice-Ministry of Water and Sanitation. Its legal and institutional structures are just beginning to consolidate through policies of the current government. A legal and institutional national framework exists and operates, with clear roles for each stakeholder in the sector, Law 142/1994. However, it has not been able to effectively involve all urban zones, especially medium and small ones, nor rural zones. There is a legal national framework for the sector set in the Constitution of the country. There are no other laws that organize and structure the sector and the roles of the different stakeholders. Currently the sector is taken care of by the Ministry of Urban Development and Housing. The municipalities are responsible for defining their own regulations. The legal and Institutional national framework has been reformed and adapted since 2002 by the ViceMinistry of Construction and Sanitation. However, implementation of the reforms has been slow, facing difficulties to line up the sector stakeholders due to problems with the roles and assignments of each one, as well as the lack of accountability.
Bolivia
Colombia
Ecuador
Peru
46
GROUP / COUNTRY
REMARKS
There is a legal and Institutional national framework, reformed and adjusted in 2001 and further modified by the Organic Law of Environment in 2006 and the Water Law in 2007, reforms which seek to give more emphasis to community participation and management. In this new context, the administration of the sector has been temporarily centered on HIDROVEN, who will have it until 2013 so that new adjustments can be done on aspects such as policy making, regulation, and service provision in big cities.
Venezuela
GROUP IV
Argentina
Argentina as a federal nation has not developed a legal national framework for the W&S sector. No specific institution exists for the sector at the national level, excepting the Federal Council of Sanitation. At a province level, there are legal and institutional frameworks, currently being reformed due to the renationalization of these services in the middle of the first decade of XXI century.
Chile
Legal and Institutional national frameworks are quite developed and performing satisfactorily at urban level. Institutionally the sector shows significant deficiencies in relation to the rural areas. The legal and institutional national framework for the sector is being reformed since 2000. New independent entities for the different sector roles are being created. Development in the past 10 years has been practically inexistent. It is considered that the desired changes should begin with the launching of the Unit of Safe Water Services and Sanitary Sewage (USAPAS), since 2009.
Paraguay
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GROUP / COUNTRY
REMARKS
There is a legal and Institutional national framework in place and operating, although somewhat inefficient according to a recent study on the sector, which blames this situation on conflicts of interest between responsible entities: the Ministry of Housing, the Regulation Unit, and the Administrator of Sanitary Services. Worth noting is that some sectors of the population refuse to connect to the sewage system for different reasons.
Uruguay
GROUP V
Belize Costa Rica
A national regulatory and institutional structure exists, though weak. Through a law of 1961 the governing activities, policy planning and operations of W&S were assigned to the Institute of Water Supply and Sewerage AyA. In 1996 a regulatory entity is created for all public services. The information on the situation in Costa Rica shows the existence of significant interferences between entities related to the sector. On the government side there are expressions of interest aimed at the expedition of standards and regulations for better efficiency in water management.
Cuba
El Salvador
The country lacks coherent legal framework for the sector. A project aim at adopting a legal and Institutional framework for the sector has been discussed for several years to no avail yet. In 2008, the former government proposed a strategy to modernize and reform the sector, which was oriented towards the formulation of a general law on water and another law for drinking water and sanitation.
48
GROUP / COUNTRY
REMARKS
The legal and Institutional framework of the sector is practically non-existent. The regulatory responsibilities are scarce and scattered. The law on public services is very recent, Loi Cadre 2009. It creates a new institutional framework for the sector, currently in process of implementation. For over 20 years, the sector has had unconcluded reforms and unimplemented plans. The last reform began in 2003 with the enactment of the Framework Law based on the principles of decentralization and separation of governing functions, policy planning, regulations and service providing. As of 2008 there have been severe problems with its implementation. There is a National Water Law from 2007 which created the National Water Authority ANA. In 2010 a directorship was created for drinking water and sanitation within the ANA and is in the process of implementation. The political changes over the last five years have also involved redirecting management of the sector. The legal and institutional frameworks were redefined by Law 2 of 1997 which created the instances of governing, regulation, planning and service providing. In 2003 a directorship is created for the subsector of Drinking Water and Sewerage within the Ministry of Health in compliance with the foregoing law.
Guatemala
Haiti
Honduras
Nicaragua
Panama
Dominican Republic
The legal and institutional frameworks go back to 1962, when the National Institute of Drinking Water and Sewerage INAPA was created. There is not a regulatory entity and the roles of related entities are diffused and not well defined.
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GROUP / COUNTRY
GROUP VI
REMARKS
Bahamas
The sector is governed by several regulations within The Bahamas: Out Islands Utilities Act; Utilities Regulations and Competition Authority (URCA) Act; and Water and Sewerage Corporation Act. There are several stakeholders that are involved in policy-making, regulating and funding the sector. The current legal and regulatory framework has several limitations. The most critical deficiencies are an incomplete and inappropriate legal and regulatory framework. The sector has been controlled by Barbados Water Authority BWA. A process was initiated in 2008 in search of a structure which would modernize the sector separating the political functions, regulations, financing and operations, which is still being discussed. The Ministry of Housing and Water (MOHW) of Guyana is responsible for the provision of potable water and sanitation for the country. The Guyana Water Incorporate (GWI), which is a public company owned by the Government of Guyana (GOG), was created in 2002. The Public Utilities Commission (PUC) created in 1999,, is a multi sector regulatory body in charge with overseeing issues of rates and quality of services. There is much confusion between national and local institutions concerning the roles and responsibilities in the sector. There is no law that comprehensively regulates the water supply, wastewater and sanitation sector as a whole. It is fragmented over approximately 17 pieces of acts. There is a lack of defined roles and responsibilities; the roles of policy formulation (governance), service provision and regulation are mixed; and there are no
Barbados
Guyana
Jamaica
Suriname
50
GROUP / COUNTRY
REMARKS
laws or policies on water resources management and protection. There is reportedly a Water Supply Law regulating water supply services and protecting water resources, which was submitted to the Cabinet of Ministers in 1994 but never signed.
Trinidad & Tobago
The Water and Sewerage Authority, WASA, which was created under the WASA Act 1965, is the governing body responsible for the water and wastewater sectors. It falls under the policy direction of the Ministry of Public Utilities (MPU).
4.2.2
Financing prospects
According to different sector evaluations in the region, one of the most critical aspects challenging the countries is the limited resources availability to finance the sector, as well as infrastructure investment and services sustainability. Availability and allocation of financing resources for investment depends a great deal on the importance that the sector is given on the national agenda and the public policies of each government as well. In this regard, an important aspect to be evaluated is the dynamics of the resource allocation for the sector in the last decade in terms of its percentage of the GDP, which is to serve as an indicator of the relevance of the sector for the respective nations and their governments. Measures, such as the creation of sector investment funds, or sector agencies with sources of revenues well identified, evidence such dynamics and are an indicator of some sort of financial priority for the sector. It is also an indicator of the countrys financial capacity to continue investing the estimated yearly resources needed to achieve the universal coverage goal. To further analyze these financial aspects, attempts were made to assess the financial strategies used in each country to ensure the sustainability of services. The criteria applied for cost recovering of operation and maintenance, replacement works and capital investment, as well as the existence of compensation mechanisms such as subsidies for the disadvantaged population. As it is well known, for this purpose several schemes can be combined appropriately, based on government and user resources, and depending on each countrys social and
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economic conditions. In this sense, the existence of a tariff system and a wellfunded subsidy system for the poorest populations is considered as a positive factor for the objective of universal access. The existence of the mentioned factors is considered and their status of operation and development is shown in the chart below for each country 37.
Financial Conditions GROUP / COUNTRY

GROUP II
REMARKS
Brazil
Brazil is currently investing 0.2% of its GDP, an equivalent of US$ 2,600 M that should be sufficient to reach universal coverage in 2020, according to estimations of IDB38 . The proposed agenda for 2011-2014 (under discussion) envisages the challenge of investing US$ 200.000 M in order to reach universal coverage in 2030 (realistic scenario). This would imply yearly investments of up to 3 times what is being made in recent years. Apparently existing tariffs and subsidies policies are in place, though their extent and application is unknown. In the last 5 years, the country has invested an average of 0.17% of the GDP in the sector, an equivalent of US$ 1,400 M per year. The Mexican government has plans to rise these numbers up to 0.49% of GDP, apparently to include investments on wastewater treatment over time. Since Mexico is a federal nation, no national policy on tariffs and subsidies exists, however current systems apply by the states in autonomous way are said to be self-sufficient in some cases but in quite a few not so.
Mxico
Note. Group I countries (USA y Canada) are not included Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010.
37 38
52
GROUP / COUNTRY
GROUP III
REMARKS
Bolivia
In 2008,the Fund for Basic Sanitation Sustainability was created. Yearly investment on Safe Water and Sanitation infrastructure over the last 5 years has been in average US$ 35 M that is 0.38% of the countrys GDP. According to IDB estimates, in order to reach universal coverage in 2020, Bolivia should commit 0.7% of the GDP, treatment costs not included. The EPSAS (Water utilities) in charge of the service in urban centers charge water tariffs but the methodology used to figure them out and their objectives are not known. In the last 6 years, through the Water Department Plans that are based on a financing system for the sector regulated by law, average yearly investment has reached 0.43% of the countrys GDP, an equivalent of US$ 1,000 M in 2008. This exceeds 0.12% needed to reach universal water and sanitation coverage in 2020, according to IDB39 estimations. If this pace is continued it could allow covering, at least partly, the gap in wastewater treatment. Treatment coverage is only 8% in 2008. The country has a regulated tariff system seeking to recover the costs of investment, operation and maintenance, which is complemented by a system of demand and cross subsidies for the less advantaged population. However these subsidies are not applied to peri-urban and rural zones. The Fund for Social Infrastructure FISE was recently created by law, in order to support sanitation investments. The government has planned to invest yearly in the next 8 years, 0.5% of the GDP, an equivalent of US$ 270 M of 2008, to reach universal W&S coverage
Colombia
Ecuador
Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010.
39
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GROUP / COUNTRY
REMARKS
in 2018, and at least 50% of urban wastewater treatment. Currently, legal frameworks for figuring out tariffs and establishing demand and cross subsidies are being developed. In the meantime, utilities in the main cities handle different tariff schemes oriented to cost recovery.
Peru
In 2007, the Fund for Social Sanitation Investment INVERSAN was created, but it is not working yet. The governments plan on sanitation is set to invest, during the next 5 years, 0.31% of the GDP, an equivalent of US$ 400 M a year, not reaching universal coverage. The IDB estimates that, in order to reach universal coverage in 2020, the sector would require a yearly investment of 0.16% of the countrys GDP. The aims of the tariff system created by law have not been put in place and current tariffs lag behind services costs. Service providers must any how apply cross subsidies, and therefore are usually unable to cover service deficits. The law on public services LOPSAS (2001) was intended to organize the investment to be made in the sector through the Fund for Financial Assistance (FAF), however it has not come into operation yet. The levels of investment budgeted by the government in the last 3 years (2007-2009) went up to 0.23% of the GDP. The real execution however has not reached 50% of this value. It has to be noted that the government goals in the medium term are universal water coverage in urban centers and 85% in rural zones and 87% and 77% in sanitation for urban and rural zones, respectively. For the last 5 years there would have also been proposed a yearly investment of 0.4% of the GDP, exclusively for wastewater treatment, though the actual execution is still unknown. Tariffs have been frozen for the last 7 years and they are supposed to have lost 60% of their value in the
Venezuela
54
GROUP / COUNTRY
REMARKS
past 6 years. The government points out that 38% of the low-income urban population is provided with a free service, however this population is not included in commercial records of the utilities.
GROUP IV
Argentina
Between 2003 and 2007, a yearly 0.2% of the countrys GDP, was invested in sanitation only, an equivalent of US$ 360 M of 2008. IDB40 estimations to reach universal sanitation coverage in 2020, say that 0.1% of the GDP is required. The larger allocations of the Argentinean government could mean that important resources are being addressed to cover the deficiencies in wastewater treatment in urban sectors, currently with 39% coverage. It is known that at a provincial level, autonomous tariffs and subsidy policies are applied, although the criteria for their establishment are unknown. A tariff and subsidy system directed to a thoroughly identified poor population has been in place since the 90s. Such system is aimed at total recovery of the costs, including investment ones. This financial configuration has allowed the consolidation of the provision and sustainability of the services in urban zones, whose levels of coverage surpass 98% in water and sanitation and 80% in wastewater treatment. The investment made in the sector in 2007 reached 0.15% of the GDP, an equivalent of US$ 16.7 M. IDB41 estimate that in order to reach universal coverage in 2020 the country will require a yearly investment of 0.6% of its GDP. Paraguay has a unique regulated tariff system in urban centers, frozen since 2002. Utilities apply subsidies to the basic consumption of the population that can prove their precarious condition.
Chile
Paraguay
Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010.Ducci (2010 41 Ibid
40
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GROUP / COUNTRY Uruguay
REMARKS
According to IDB42, the investment required to maintain universal coverage already reached by the country, is of 0.02% of the GDP, wastewater treatment not included. However, other estimations (SSP 200943 ) suggest that the amount required could reach 0.1% of GDP. Regulated and structured tariffs, to recover the operation costs and service investments, are applied, and subsidies to the basic consumption of all homes exist for the first 10 m3/month.
GROUP V
Belize
Although its water coverage indicators are almost 100%, sanitation ones are not quite so and therefore the State would have promoted investment to close the breach in the last years, apparently surpassing the MDG. The country does not have a financial structure for the sector nor for infrastructure investment neither for operation and maintenance provisions. No specific financial system has been put in place for supporting sector investments. Its needs are met through the national budget, by requirement of the AyA. Yearly average investment between 2006 and 2007 was of 0.18% of the countrys GDP. While IDB44 estimates that an investment of 0.064% a year is required to reach universal coverage in 2020, which significantly differs from AyA estimates of 0.3% of the GDP to reach universal coverage in the same year, 2020. Non-regulated tariff and cross subsidies are applied. No information available.
Costa Rica
Cuba
Ibid Note. Strategic Sector Plan (SSP); or in Spanish Plan Estratgico Sectorial (PES) 44 Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010.
42 43
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GROUP / COUNTRY El Salvador
REMARKS
No financial strategy has been specifically developed for the sector. The resources of the state and other contributions have allowed, in the last 3 years, an average yearly investment of 0.12% of the countrys GDP, which would result adequate according to the estimations of IDB45 in order to reach universal coverage in 2020. However, other estimations (SSP46) consider that the investments must rise up to 0.18% of the GDP, not including wastewater treatment. If wastewater treatment is taking into account, the yearly investment should go up to 0.33% of the GDP. No adequate tariff system exists. A subsidy from the energy sector it is applied for the water and sanitation systems which costs exceed the payment capacity of the population. There is no financial structure for the sector; required investments are financed through the national budget. Between 1995 and 2004, the country allocated an average of 0.18% of the GDP to the water sector. According to IDB experts analysis, the investment required should be of about 0.38% of GDP to reach universal coverage in 2020, excluding wastewater treatment. The country does not have a unified tariff system or a subsidy system. There is no financial structure for the sector. The government assumes the financing of investments, operation and maintenance through resources primarily obtained from the multilateral bank and other development cooperation agencies, by way of donations. During 2008 the country invested 0.21% of its GDP, which compared to the 1.9% IDB estimation needed to reach universal coverage in 2020, is clearly insufficient.
Guatemala
Haiti
45 46
bid Note. Strategic Sector Plan (SSP); or in Spanish Plan Estratgico Sectorial (PES)
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GROUP / COUNTRY
REMARKS
This country has no tariff or subsidy policy for the water sector.
Honduras
There is no financial structure or funding mechanism for the sector. The government funds the sector investments and, in most cases the operation and maintenance deficits. Historically, the government has invested a yearly average of 0.59% of GDP. Depending on the source, the amount required would either be 1.4% (SSP) or 0.5% (IDB 47) of the GDP to reach universal coverage in 2020. The existing tariff structure does not follow a policy of cost recovery, and does not provide for the allocation of subsidies to low-income people. The country is in the process of creating and implementing a financial mechanism for the sector. There is no financial system for the sector. From 2002 to 2007 the annual investments for the sector averaged 0.53% of GDP, out of which almost 60% were grants. According to IDB experts analysis, the investment required to achieve universal goals in 2020, range between 1.23% and 0.86% of GDP, wastewater treatment not included. The country does not apply sustainability criteria in W&S tariffs and no subsidies are applied for the neediest. The service infrastructure is funded through the national budget; the average annual investment between 2004 and 2008 was of about 0.26% of GDP, quite consistent with estimates of investments needed to achieve universal coverage, between 0.11% and 0.32% of GDP. The tariff system is frozen and the country has no subsidies system for the poor.
Nicaragua
Panama
Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010.
47
58
GROUP / COUNTRY Dominican Republic
REMARKS
Investments made in the water sector are unknown to date. According to different sources, the investment required to achieve universal goals in 2020 would range between 0.14% and 0.70% of GDP, not including treatment. Tariff systems are weak and dispersed: the water service rates are lower than a quarter of the average rates applied in Latin American countries. The existing subsidy scheme is not clear and subsidies application is irregular.
GROUP VI
Bahamas
There is no funding mechanism for the sector. The government funds the sector investments and the operation and maintenance deficits. The level of investments required for universal coverage in 2020 is estimated at 0.016% of GDP, mainly to cover vegetative population growth and improvement of the systems. A regulated tariff structure is in place but it is not adequate compared to the characteristics and costs of the W&S services (Desalination). No subsidies scheme has been adopted. Investments in service infrastructure are all made with government resources, an average of 0.78% of GDP in the last five years. As the country has 100 % coverage, current investments are oriented to wastewater treatment. The tariff regime established is aimed at cost recovery of O & M but is not applied rigorously. No subsidies scheme has been adopted. Investments in infrastructure and O & M of the W&S services are funded directly by the government and through donations. During the period 2003 to 2007 the country spent an average of about 0,054% of GDP in W&S services infrastructure. To achieve universal coverage in 2020 annual investments in the order of 0.13% of GDP have been estimated not including wastewater treatment. Tariff system without structure and order. No subsidies policy.
Barbados
Guyana
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GROUP / COUNTRY Jamaica
REMARKS
Insufficient information. Apparently the government bears the costs of infrastructure investment and O & M. According to IDB48 to reach universal coverage by 2020 the country requires annual investments in the order of 1.26% of GDP, or US$ 18.5 M. Neither a tariff scheme nor a subsidies policy for the sector is known. The government bears the costs of infrastructure investment and O & M. No financing policy to the W&S sector has been set. Investment estimates to achieve universal coverage in 2020 by different sources reach an average of US$ 4.7 M per year, equivalent to 0.15% of annual GDP not including wastewater treatment. Neither a tariff scheme nor a subsidies policy for the sector is known. The central government is responsible for infrastructure investments and covers the deficits of the O & M costs of the national utility. The estimated investment for universal coverage in 2020 given by IDB49 is US$ 6.3 M, equivalent to 0.02% of GDP, not including wastewater treatment. The investments referred to in the SSP, including rehabilitation of systems and wastewater treatment, are estimated at US$ 64.5 M, equivalent to 0.24% of GDP. Neither a tariff scheme nor a subsidies policy for the sector is known.
Suriname
Trinidad & Tobago
4.2.3
Enabling Environment
The suitability of a country seeking to go forward with the necessary measures to improve the provision of water and sanitation services with the aim of reaching universal coverage as soon as possible, is not only subject to the foregoing factors and conditions, but equally depends on the existence of an enabling internal environment which supports and favors the development of all the necessary measures .to be taken.
Ducci, Jorge . Drinking Water, Sanitation, and the Millennium Development Goals in Latin America and the Caribbean, IDB 2010. 49 Ibid
48
60
From the consultant perspective, an enabling environment can be appraised through elements such as: the existence of public policies, government strategies and plans carefully and specifically crafted for the water and sanitation sector, duly monitored to assess their outcomes, and specially should such policies and plans set targets involving coverage and quality of service goals. In those countries having such identifiable elements, it should be evident that they are benefiting from a more suitable environment than those who do not and who, consequently, have a longer way to go. Another important element to enhance an enabling environment for the water and sanitation sector is the level of community participation promoted by the existing laws. Thus, sector laws and regulations which contemplate active, clear and demandable community participation for policy making, vigilance of the services providers, decision making on project features and eventually operation and maintenance, when technically feasible, are to be considered as favorable factors towards an enabling environment. Such active participation will promote recognition of the water and sanitation situation of low income people and encourage taking appropriate actions towards their solution. Community participation must also be aimed at achieving greater commitment by the communities to care for the systems and at creating a service culture which accepts, as beneficiaries, all the responsibilities which these services entail. Fairness is another key element contributing to an enabling environment. The fairness promoted in current regulations to guarantee and enforce quality access to the services on behalf of services providers, so that nobody can be excluded is a major demonstration of the states social commitment to the water poor. Therefore, the existence of laws, plans or programs specifically addressing the water and sanitation access by the less advantaged social groups, rural and periurban, is deemed to be a positive factor, which will favor reaching universal access more quickly. Finally for this criterion, it is considered that a comprehensive policy framework would complement its suitability and create an even more favorable environment towards reaching universal coverage goals through the explicit acknowledgment of the human right to water and sanitation in the laws addressing the sector, following the parameters established by the UN resolution of July 2010. Thus, this factor is also considered for the descriptions shown below. 50
50
Note. Group I countries are not included (USA & Canada)
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Enabling Environment GROUP / COUNTRY

GROUP II
REMARKS
Brazil
A National Sanitation Plan for urban areas is being promoted by the government for the next 20 years targeting the universal coverage of the services. Before being adopted, the Plan is being discussed with society members, through regional seminars, public hearings and public consultations via internet (between April and June 2011). Even though, a social policy for the sector in periurban and rural zones is weak. Recognition of the human right to water and sanitation is so far indirect. An Agenda on water and sanitation to be carried out up until 2030 has been adopted by the government, aiming at universal access to water and sanitation. Community participation is constitutionally acknowledged although it has not been fully implemented; so far such participation is mainly done in an informative way. The social policies towards the sector in peri-urban and rural areas are somewhat weak. Recognition of the human right to water and sanitation is being discussed with regards to its inclusion in the National Constitution.
Mxico
GROUP III
Bolivia
The country is just beginning to structure a sector policy through the Ministry of Water. Social management towards the sector is structurally weak, although community participation is growing in aspects such as the planning and management of services, not only in urban areas (Santa Cruz de la Sierra) but in rural zones as well. Bolivia was a leader in presenting the resolution on the right to water and sanitation to the United Nations (July 2010), however the right is not yet explicitly recognized in the countrys legal framework, which is in process.
62
GROUP / COUNTRY Colombia
REMARKS
Since the formulation of Domiciliary Public Services Law in 1994, the country has structured specific policies for the Water and Sanitation Sector. These are currently being applied through the Departmental Water Plans. Social management towards the sector is mainly carried out through a subsidy program, although it does not specifically address the situation of the peri-urban and rural communities. Community participation, supported by current laws, is done through citizen overseeing and representation in the management board of the utilities. However the full implementation of these instruments at a national scale is yet to be accomplished. Colombia voted in favor of the UN resolution on the human right to safe water and sanitation (July 2010), making some remarks on how it will be applied under the existing national laws. The country still does not count on a specific policy towards the sector, although it is being elaborated. Social management towards the sector is still rhetorical and citizen participation is weak on planning, and administration of the systems. These matters are still being discussed. The Constitution makes an explicit recognition of the right to water and sanitation, articles 23 and 42.
Ecuador
Peru
The country currently has a National Safe Water and Sanitation Plan (2006-2015), oriented towards reaching the MDG and not towards the universal coverage. No specific social management towards the sector in peri-urban and rural zones has been developed in the existing policies. The actual plan however, does promote citizen participation in rural zones. The right to water is defined and incorporated in the Law on Water, although it is not specific on safe water and sanitation.
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GROUP / COUNTRY Venezuela
REMARKS
Although HIDROVEN, the entity responsible for the sector, follows guiding principles such as the expansion of the coverage, its quality and sustainability, there is no known an specific plan for the sector. HIDROVENs actions in the last years have been oriented towards broader citizen participation in the service administration, as well as towards strengthen the channels for the social control of the services provided by the utilities. That community participation is considered to be strategic for the consolidation of the quality of the services and the strengthening of the water companies. The country supported the declaration of the human right to water and sanitation, but recognition of its constitutional and legal framework is not direct and exists through the right to housing and other rights.
GROUP IV
Argentina
There are Federal programs to support the development of water and sanitation services in less favored zones, although their scope and impact is not known. The country voted for the declaration of the right to water as a human right in July 2010 at the UN. Since the 70s, the country has developed and implemented a clear policy towards the sector. This has allowed for high coverage and sustainability ratings mainly in urban areas. Social management in the sector is highlighted by the subsidy scheme implemented to cover the less favored population in urban zones. In rural areas however, it is deficient. At the local level community participation has taken place through plans to share service, between municipalities and informally settled communities. Chile voted in favor of the UN declaration regarding the right to water and ,since then, the Presidency has promoted its incorporation in the National Constitution
Chile
64
GROUP / COUNTRY Paraguay
REMARKS
No specific policies or plans were identified for water and sanitation, despite of the current legal frameworks. Social management plans, subsidies and actions for the sector, aiming at the less favored populations are very weak, and so is citizen participation in the current legal frames. The latter is exemplified by the situation of The aguateros (water providers) which have been progressively dismantled without any alternatives to replace them. Paraguay acknowledges water as a fundamental human right in its Law on Water (2007). The country, after approving by referendum the incorporation of the right to water in its Constitution, Article 47, has developed a Safe Water and Sanitation National Plan. Nowadays, plans and proposals for water and full sanitation services are being made, also aimed towards enhancing citizen participation in issues such as planning, decision making and administration of the services. This has been worked out through the Water and Sanitation Advice Commission (COASAS).
Uruguay
GROUP V
Belize
Although universal access and coverage of the services are promoted, no actual plans or specific programs for the sector can be identified. There is active community participation in small and rural populations. The country has no an explicit position regarding the right to water as a human right, and was absent during the voting of the UN resolution in July 2010. AyA is carrying out a Strategic Sector Plan for 20032020. Currently, there are no specific policies and unified programs for the sector. Social policies in the sector are still missing. The country voted in favor of the UN resolution on the right to water as a human right in July 2010 and there are existing judicial decisions claiming this right.
Costa Rica
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GROUP / COUNTRY Cuba
REMARKS
Cuba voted in favor of the UN resolution on water and sanitation as a human right in July 2010. No other information is available. There are currently no policies or programs for the sector. The country voted in favor of the UN resolution on water as a human right in July 2010. No policy on the water and sanitation sector has been consolidated. Current government plans for the sector have been oriented towards water for the most disadvantaged. At a rural level, projects are planned and concerted with the communities, which ultimately assume their management (Basic Model). The issue over water property is highly conflicting. Guatemala voted in favor of the right to water as a human right in July 2010, but has not made it explicit in law. Haiti has no specific policy on water and sanitation. Community participation is not structured. It voted in favor of the UN resolution to water as a human right in July 2010. A Sector policy is being structured with the assistance of several international organizations (UNDP, JWSP Council, IRC International Water & Sanitation Center), and should finish in July 2011. Social management towards the sector is weak. Community participation in the sector is promoted though Water Administrative Boards. The country voted in favor of the UN resolution on water as a human right in July 2010. The government has proclaimed safe water and sanitation as its second national priority, and accordingly, it has said to be implementing a Sector Strategic Plan. Community participation is noticeable at a rural level through the Committees for Water and Sanitation CAPS.
El Salvador
Guatemala
Haiti
Honduras
Nicaragua
66
GROUP / COUNTRY
REMARKS
Nicaragua voted favorably the UN resolution on the right to water as a human right in July 2010, and explicitly adopted it as the basis for its sector strategy for the period 2005 2025.
Panama
Panama has no policy for the sector. Social management and community participation in the sector are weak. Panama voted in favor of the UN resolution on water as a human right in July 2010. The country has not developed any policy for the W&S sector. Social management and community participation are weak. The country voted in favor of the UN resolution on water as a human right in July 2010.
Dominican Republic
GROUP VI
Bahamas
Bahamas has no policy for the sector. Social management and community participation are weak. It voted favorably the UN resolution on water as a human right in July 2010.
Barbados
The country has not issued any policy or plan for the sector. Social management and community participation are weak. Barbados voted in favor of the UN resolution on water as a human right in July 2010. There is a sector development plan 2009-2018 to achieve strategic goals and objectives. Social management and community participation are weak. Guyana abstained from voting the UN resolution on the right to water as a human right in July 2010.
Guyana
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GROUP / COUNTRY Jamaica
REMARKS
Currently the government is implementing a program for the sector, to be carried out between 2002 and 2020. Social management towards the sector is weak, and although community participation is acknowledged by the law, it is not brought into practice. It voted in favor of the UN resolution on water as a human right in July 2010. The country is improving its water and sewage systems based on a plan until 2015. Social management and community participation are weak. Suriname was not present in the UN assembly, when the resolution on water as a human right was voted favorably in July 2010. The water and sanitation sector in the country is being oriented by a policy called Vision 2020, aimed at reaching universal access to safe Water and sanitation. This new policy pursues, as well, greater participation of the community. The country abstained from voting in the UN assembly, where the resolution on the right to water as a human right was issued in July 2010.
Suriname
Trinidad &Tobago
From the governance perspective, it can be concluded that the countries of the LAC region are still characterized by legal and institutional frameworks that are just emerging in many of them and in few countries are in the consolidation process. Actually, very few countries have, in fact, favorable governance conditions, which by no means imply that they are completely able to face the challenge of achieving universal water and sanitation coverage in a sustainable manner. Regarding the sector financing aspects, the situation is quite varied among the region countries. A few countries have specific and structured financial frameworks and programs for their water and sanitation sectors. However, it is apparent that even those need to be adjusted to fulfill the demands of universal coverage. In many countries, predominant state funding for the sector at the discretion and decision of successive governments is characteristic.
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The environment surrounding the water and sanitation sector and specifically with regards to the goal of universal coverage appears, in general, to be fairly positive for all countries of the region, although by no means uniform. Even though most countries demonstrate positive disposition to gain water and sanitation access for all, many of them have not yet developed specific public policies to help reach such goals. In this regard, it is clear that explicit recognition of the human right to water and sanitation in their legislations would be advisable to enhance and enforce a favorable environment. Additionally, it should be pointed out that the goal of universal access is still absent even in those countries where the sector plans have been issued. A stronger presence of communities in the identification and management of the solution of the problem is also far from being established all over the LAC region.
Key observations
Very few countries in the region have, in principle, favorable governance conditions capable of supporting water and sanitation for all and the implementation of the Human Right on Water and Sanitation without important reforms. Few countries have specific and structured financial frameworks and programs for their water and sanitation sectors capable of supporting sustainable water and sanitation services for all. Although the environment is fairly positive, the universal access goal is still absent, even in those countries where sector plans have been issued.
4.3
United States Drinking Water and Sanitation Situation
As mentioned at the beginning of this chapter, taking into account that United States and Canada are amongst the most developed nations in the world and that universal access to water and sanitation for their population has been fulfilled since the 70s, it was not considered pertinent to include their current drinking water and sanitation problems along with those faced by most of the countries in the LAC region. Even though, the consultants working on this paper have reached information on very important aspects of the United States water drinking and sanitation infrastructure needs and challenges which, therefore, are included in this review because they point out matters which currently and over the long rum may be, important for all the countries in the American region. Indeed, through the EPA, since 1972 the country has carried out periodical surveys, every four years, to assess, among other things, the drinking water, collection systems and wastewater treatment capital investment needs, in order to keep up with the systems goals and standards, according to national regulations.
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The last report on drinking water and sanitation issued to the congress51 points out that the need for the next 20 years, 2007 to 2026, adds up US$ 334 billion for projects which are eligible to receive resources from the DWSRF (Drinking Water State Revolving Fund). These projects which basically intend to ensure the continued provision of safe drinking water, not including those related to raw water reservoirs and future growth. It is important to note that US$ 66,4 billion, out of those US$ 334 billion, being 20 % of the investments, are required by small sized systems (less than 3,300 people), nonprofit systems and isolated ethnic minorities systems, which together represents only 9 % of the total USA population. On the wastewater treatment side, the report issued in 200452 estimated needs of US$ 204.0 billion in order to serve at least 286 million people, 81.6 %, of the total population with advanced or secondary wastewater treatment facilities. In 2004 such population was around 200 million. These funds which are to be supplied by users, state matching funds as well as grants and loans to states through the DWSRF. Regarding the financial and sustainability issues of water and sanitation in USA, it is also important for this review to mention the outcomes of the national meeting held in 2002 titled Closing the Gap: Innovative Responses for Sustainable Water Infrastructure in which stakeholders recognized the need for operational and management changes to avoid financial gaps which could impede the continued provision of clean water. The following are the aspects identified to be tackled for such purposes: (i) full cost pricing of water, which could lead to an estimate increase of water tariffs between 0.5 and 0.9 % of household income; reduction of the impact of such increments in very low income families through mechanisms such as rate reductions or state subsidies; (ii) better asset management, oriented to prioritize infrastructure investment, following a method called environmental management system (EMS); (iii) Efficient water use, to be promoted through the full cost pricing of water, mentioned above, and in order to reduce the size of the collection systems and wastewater facilities to be built to keep with the pace of population growth and (iv) Watershed approach, as long as a likelihood of important savings as well as a more successful water management have been identified through this approach.
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EPADrinking Water Infrastructure Needs Survey and Assessment 2007. CWNR. Report to Congress 2004.
CHALLENGES AND SUGGESTED OBJECTIVES FOR A LAC REGIONAL POLICY
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5. CHALLENGES AND SUGGESTED OBJECTIVES FOR A LAC REGIONAL POLICY

5.1 Regional Challenges
The preceding evaluation of the situation of the water and sanitation sector in the different countries of the LAC region shows limitations and drawbacks in each one of them that constitute important challenges that each country has to face in their own pursuit of universal access to water and sanitation. Consequently, it must be made clear that each country faces both in scope and intensity significantly different demands and tasks undertake. These differences arise not just from the current state of the sector in each one of them, but as the result of very different levels of socio-economic development, ethnic and cultural differences, as well as the changing political environments in which each society has evolved up to now. All of which, in the context of this kind of initiative, makes identification of unique challenges and of common targets for all the countries in the region a rather complex endeavor. Nevertheless, with the risk of falling into what may be considered common knowledge, which tends to be the case when issues dealt with have to be generalized, in the following paragraphs efforts are made to point out those aspects that can be considered the most important challenges posed to the region in the fulfillment of its goals of water and sanitation access for all. It should be noted that in this review of regional challenges, those related to environmental issues such as the impact of climate change in water availability and water management, which, although very significant in some countries of the region, were left out for the moment because they are being discussed in parallel scenarios.
Improving Governance of the Sector

Given that the LAC region has arrived at the end of the first decade of the XXI century showing a deficit in the improved water access that affects over 50 million people, as well as a lag in access to improved sanitation which three folds that figure, all this coupled with the setbacks imposed by climate change, it seems unquestionable that a movement to make a review of the sector and introduce adjustments is a priority in most of the countries. This review must address issues such as the following:
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Enhancing the relevance and importance of the sector through a greater commitment on behalf of the States by adopting long term policies and plans for the sector which go beyond successive governments. Water governance systems require strengthening, reforms with roles and accountabilities well identified, according to policy making and guidance, service provision, and regulatory roles. Institutional development and capacity building efforts are paramount. Institutions need to be staffed according to the challenges to be faced. Institutions focused on the sector. While the MDG indicators on water and sanitation do call for disaggregation according to rural/ urban areas, human rights standards would also call for assessments of discrimination on grounds of sex, race (including social, national and ethnic origin), disability and political and religious belief, among others. Disaggregation according to wealth quintiles of the population should be prioritized at the global level. Improving the sector information system, based on more adequate criteria, tools and indicators, which are to be more consistent, coherent and able to show the actual situation of the sector. Together, this will facilitate policy and planning making and will allow for a more accurate follow up and monitoring of the progress being made and the pertinence of the plans underway, throughout the region. In this regard, the following recommendations made by the Independent Expert in her statement before the 65th Session of the General Assembly of the UN in October 2010 should be taken into account: While the MDG indicators on water and sanitation do call for disaggregation according to rural/ urban areas, human rights standards would also call for assessments of discrimination on grounds of sex, race (including social, national and ethnic origin), disability and political and religious belief, among others. Disaggregation according to wealth quintiles of the population should be prioritized at the global level. Developing and strengthening policies, programs and plans oriented towards better education and enhanced enrollment and participation of the community in the sectors decision and management processes. The new plans are to go beyond the current constitutional acknowledgment of such entitlements and make them real and effective. Developing new financial approaches for the sector, combining the efforts and capabilities of the states, the service providers and the communities, based on criteria aimed at facilitating the access to water and sanitation services of the neediest, but at the same time guarantying the sustainability of the services and the infrastructure used to provide them. Clear and feasible road-maps need to be developed in consultation with relevant stakeholders.
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The Financial Challenge

As pointed out, the financial issue is one of the most important challenges of the LAC region. Indeed, just taking into account the amount of investments required to close the coverage gaps over a rational span of time, this will require immense efforts from almost all the countries. Taking as reference the document entitled Drinking Water, Sanitation and the Millennium Development Goals in Latin America and The Caribbean, already mentioned, for the 25 countries analyzed in this paper it is estimated that the amounts of investment required to reach universal coverage in water and sanitation, as a percentage of the GDP, ranges between 0.05 % and 1.0 %, as it can been seen in the following chart:
Figure 7 Financial Requirements for Universal Coverage
Drinking Water, Sanitation and the Millennium Development Goals in Latin America and The Caribbean
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These estimates, quite sizeable in many of these countries, are far from being conservative, taking into account that the deficits supporting the figures to reach universal coverage are calculated from the indicators of improved access to water and sanitation currently used by the JMP, whose differences with safe and adequate access have already been pointed out in this document. Additionally, they do not include the investments to cover the large gaps in wastewater treatment that affect most of the region, an essential component of environmental sustainability of the sector. The mentioned document establishes that Latin America needs an estimated total annual investment of approximately US$ 4,100 M to reach universal coverage of improved water and improved sanitation in 2020, not including wastewater treatment. These figures are 70 % higher than those made by the countries in the last ten years, as it is inferred from the financial assessments included in the same document. Unfortunately, the financial challenge for the water and sanitation sector in the LAC region does not end with the efforts required for infrastructure investment. As it is well known, many of the countries in the LAC region show the worst income distribution in the world, therefore, payment capacity of a significant part of their population is quite low; almost 40 % of the people live under the poverty line. This situation from the perspective of water and sanitation service sustainability is disadvantageous and worrisome and must be taken care of until socio-economic conditions are reversed. Consequently, many of the region countries are to structure, finance and implement subsidy systems directed to the poor and aimed at sustaining services provision. Otherwise, sooner than later, negative experiences from the past will be repeated as the efforts which are being made to overcome current infrastructure gaps will be to no avail, because operation and maintenance cannot be kept up regularly and continuously and, therefore, actual universal access to water and sanitation will be of a temporary nature only.
Equity and Fairness to Guarantee Access and to Prioritize Actions for Neediest.
As a result of different social and political factors the LAC region in the last two decades has shown significant growth of its urban population, which has taken place in a much different way than in the developed countries. Indeed, this process is essentially characterized by the development of illegal and informal slums around the main cities, usually occupying zones which are highly vulnerable and difficult to access and are being inhabited by people of very low income and payment capacity. This situation has led to a significant growing demand for basic water and sanitation services under conditions very difficult to tackle, which, so far, have not been properly taken care of by most of the cities. Consequently, this circumstance has compelled such population to find their own solutions, usually quite environmentally and hygienically unfriendly, besides being quite onerous for low incomes. All this has deepened the inequitable and unfair conditions which characterize the described situation as a whole.
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Indeed, the urban population in the LAC region has gone from 73.2 % in 1995 to 75.8 % in 2000 and 77.8 % in 2005 and it is estimated that by 2015 it will surpass 80 % of the total population. All consulted documents show that in most countries the sector action continues to focus on formal urban centers, leaving aside the peri-urban zones, usually informally and illegally occupied and in high-risk and difficult to access areas. This situation, under the mechanisms of quantification currently used, is usually overlooked. In fact, this population is, in many cases, being left out of statistics and indicators of coverage, making it more difficult to quantify and solve their problems. Decisive and committed action on this issue is not only the responsibility of states and governments through policies and plans specifically crafted to tackle this problem. They also must call upon the services providers, in the large and medium sized cities, through the implementation of programs aimed at rationing water consumption and reducing non-refundable water, the benefits of which are to be directed towards fulfilling the water and sanitation needs of the poor slums. Finally the community must also do its part, no matter how rich or poor, it should be committed to rational water usage and in the case of the poorest at least minimum payments, when possible. Of course the equity issue also extends over the rural population, which is entitled to appropriate, affordable and manageable solutions for water and sanitation. Although this population is declining in percentage figures in many countries of the region, by 2020 more than 120 million people will be living in the rural areas. Therefore, their water and sanitation problems cannot continue being tackled with sporadic and poorly planned and structured programs but rather through wellfunded and devised plans, which are to be based on active participation of the communities, in such a way that they break with the precarious and unfair manner in which the rural areas in the LAC region have traditionally had access to water and sanitation.
Quality Access and Appropriate Monitoring Systems

As discussed in various sections of this document, the ambiguous scope of the definition of improved access used by the JMP has allowed a number of LAC countries to consider that they have fulfilled their commitments to the MDGs and even achieved universal coverage targets. However, if a consensus is reached on access which is to be safe and adequate, i.e. under more stringent minimum standards and consistent with the concepts of universal and human right to water, this raises not only economic challenges as forewarned, but the need to ensure sustainable systems, based on appropriate solutions both affordable and manageable by users.
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Likewise the provision of improved sanitation according to JMP criteria creates even wider gaps and thus, goes against what is considered to be safe and adequate access that meets minimum standards and incorporates environmental sustainability and health risks minimization. Waste water treatment is equally critical throughout the LAC region. Indeed, only 15 % of the urban waste waters in the region are barely treated. This issue is, consequently, a great challenge for the sector, not just because of environmental implications but because it is an integral part of universal access to sanitation. All this, besides demanding very significant investments brings to the table the technological and management deficiencies in these areas that afflict the LAC region, which lacks the required expertise.
Challenges to reach water and sanitation for all in the LAC region
Decisive political commitment at all levels, through legal reforms (if needed), state policies and strategic plans specifically aimed at those until now left out, mostly the growing peri-urban population and the no less significant rural population. Good, transparent and accountable sector organization and institutions, where governance, regulation and operational roles align the same principles and aims. Financial sustainability based on clear recognition of all the costs involved combined with innovative and fair mechanisms which allow affordability and full access to the neediest. Structured and sound monitoring information systems.
5.2 Suggested Strategic Policy Guidelines and Targets for the LAC Region
The significant differences that the situation of drinking water and sanitation exhibits among the LAC region countries and the inevitable generalization that has to be done regarding the challenges facing the sector, makes the identification of common political lines of action and the establishment of shared quantitative goals to be effectively adopted by the countries a complex task with the risk that this exercise be an ineffective one. In this light, a dialogue process searching for commitments and goals to be shared and monitored by the region countries, such as the D-7 in Medellin, Colombia 2011 or the one pursued by the Americas Region for the 6th World Water Forum to be held in Marseille, France in 2012, will also have to be made on general issues. However, these issues have to be useful in promoting such regional dialogue, as
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well as the reaching of consensus and will actually contribute to the achievement of universal access to water and sanitation in each country. In all cases, keeping in mind that each country requires a series of approaches and solutions according to the political vision of their societies and states, their available resources and other specific conditions. Therefore, the consultancy proposes a set of potential targets to be discussed by the representatives of the regions countries in the coming events and subsequently with stakeholders in the sector. Suggested targets for discussion are: To accomplish that within a five (5) year term not less than 50 % of the countries in the region have incorporated the right to water and sanitation into their national legislations, not simply to fulfill international commitments but as a strategy to elevate the importance of the sector and to oblige the states to show greater commitment towards its evolution and to the achievement of universal coverage. Efforts and commitments in all the countries of the regions are to focus on the water poor. It must be clearly pointed out that the incorporation of the human right to water and sanitation does not pretend that it be fulfilled in the short term, as neither the reaching of universal access implicit in said right. However, it should serve the purpose of guarantying progressive and continuous efforts by the states towards reaching universal coverage as soon as possible. To procure the largest number of countries in the region having implemented institutionalized mechanisms for allocating specific resources to the sector. Accordingly to the above, the sector investments over the next 10 or 15 years in each country must show a real annual increase compared to the last five years (2006 to 2010) of no less than 0.1 % of GDP until reaching at least an annual sector allocation of 1.2 % of GDP, to assure that the goals of coverage and universal treatment are reached in a reasonable time. To focus action in the coming years in the peri-urban populations and rural areas, seeking attention for the bottom two quintiles of the population in water and sanitation (which cover much of the peri-urban and rural areas) towards reaching coverage indicators in five (5) years of not less than 85 or 90 % of those occurring in the top quintile. To jointly develop a consistent and unique data system for the sector, and to identify institutional arrangements in each country in charge of the operational mechanisms and the surveillance, in order to ensure that it is consistently and systematically updated. The term for delivering this tool may be limited to a maximum of two (2) years.
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6.
REFERENCES
Alburquerque, Catalina. Independent Extert. Human Rights Council, Fifteen session. Statement. 15 September 2010 Alburquerque, Catalina Indepent Expert . United Nations Assembly, First Report, October 25 2010. Sixty Five General
Alburquerque, Catalina Independent Extert. Human Rights Council, Eighteen Session, Statement. 15 September 2011 Alburquerque, Catalina Independent Expert. session. Report. July 2011 Human Rights Council Eighteen
Alfaro, Raquel. Fomento de la Eficiencia en las Empresas Estatales de Agua y Saneamiento. CEPAL, GTZ 2009 Allen, Adriana; Dvila Julio and Hofmann, Pascale. The Peri Urban Water Poor: Citizens or Consumers? . Environment and Urbanization Vol. 18 No 2 October 2006 Carrasco Mantilla, W. Polticas Pblicas para la Prestacin de los Servicios de Agua Potable y Saneamiento en las reas Rurales. CEPAL 2011. Castro, Esteban, Water Governance in the XXI Century. Ambiente & Sociedades. v X. n2 July December 2007. Corrales, Maria Elena. Gobernabilidad de los Servicios de Agua Potable y Saneamiento en Amrica Latina. South American Technical Advisory Committee (SAMTAC), Global Water Partnership (GWP). Diciembre 2003 COHRE, AAAS, SDC and UN-Habitat. Manual on the Right to Water and Sanitation. 2007 CWNR . Clean Watersheds Needs Survey. Report to Congress 2004 Ducci, Jorge,: Drinking Water, Sanitation and the Millennium Goals in Latin America and the Caribbean. IDB, 2010 EPA Drinking Water Infrastructure Needs Survey and Assessment. Fourth Report to The Congress, 2007 Gordon, Mcgrahan and Satterthwaite, David. Governance and Getting the Private Sector to Provide Better Water and Sanitation Services to the Poor. Human Settlements Discussion. Paper Series. Iied.2006
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Fernandez, Diego; Jouravlev Andrei; Lentini, Emilio and Yurquina, Angel. Contabilidad regulatoria, sustentabilidad financiera y gestin mancomunada: temas relevantes en servicios de agua y saneamiento. CEPAL, GTZ 2009 Human Rights Council. Resolution 15/9 October 2010 Human Rights Council. Resolution 16/2 April 2011 Hutton, Guy; Haller Laurence and Bartam Jamie Global Cost Benefit Analysis of Water Supply and Sanitation Intervention. Journal of Water and Health 05.4 WHO 2007 IDB Water and Sanitation Strategic Plans: Bahamas, Barbados, Belize, Brazil, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Trinidad Tobago, Uruguay and Venezuela. 2008-2010 Ingeniera Sin Fronteras-Asociacin para el Desarrollo; UNESCO ETXEA Espaa. Derecho al Agua, Implementacin del Derecho Humano al Agua. 2010 Jouravlev, Andrei. Drinking Water Supply and Sanitation Services at the Threshold of the XXI Century. UN. CEPAL, December 2004 Langford, Malcom. Tragedy or triumph of the Commons? Human Rights and the World Water Crises. Centre on Housing Rights and Eviction, Germany; Visiting Fellow, Norwegian Centre on Human Rights, University of Oslo. 2006. Latinosan Conferencia Latinoamericana de Saneamiento. Saneamiento para el Desarrollo Cmo estamos en 22 pases de Amrica Latina y El Caribe?. Segunda Edicin. 2007. Lentini, E. Servicios de Agua Potable y Saneamiento: Lecciones de Experiencias Relevantes. CEPAL 2011. Levin, Thomas ; Nierenkther Mijako and Odenwlder Nina. . The Human Right to Water and Sanitation, Translating Theory into Practice. GTZ. 2010 Reports and declarations on the Human Right to Water and Sanitation by the LAC countries to the Office of High Commissioner for Human Rights of the UN in Geneva: Bolivia, Canada, Colombia, Costa Rica, Cuba, Ecuador, Guatemala, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, USA, Venezuela Soares, Rangel; Griesinger, Marilena; Dachs, Norberto; Bittner, Marta and Tavares Sonia. Inequities to and use of drinking water services in Latin America and the Caribbean. Panam Salud Pblica. 2002.
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United Nations, Sixty fourth General Assembly, Resolution 64/292, July 28 2010 United Nations Development Programme. Human Development Report 2006. Beyond Scarcity : Power, Poverty and The Global Water Crisis. 2006 United Nations, General Comment No. 15 (2002). The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights). Twentyninth session, Geneva. United Nations, ICESCR. International Covenant on Economic, Social and Cultural Rights (1966). Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into force 3 January 1976, in accordance with article 27 WHO UNICEF. Progress on Sanitation and Drinking Water 2010 Update. 2010 World Water Forum 1st Announcement, Time for Solutions 2011. WSP Agua y Saneamiento para las Zonas Marginales Urbanas de Amrica Latina. Memorias del Taller Internacional. Julio 2008.
The denominations used and the material presented in this document do not reflect the opinion of the Secretariat of United Nations in regards to the legal status of any country, territory, city or area or of its authorities, neither regarding boundaries nor the establishment of territorial limits, or its economic systems or development level. The analysis, conclusions and recommendations from this report do not necessarily reflect the positions of the Inter-American Development Bank or the United Nations Program for Human Settlements, nor from its Administrative Board, or the Member States.

Access To Water and Sanitation For All and The Human Right To Water in The Americas

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Access To Water and Sanitation For All and The Human Right To Water in The Americas

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ACCESS TO WATER AND SANITATION FOR ALL AND THE RIGHT TO WATER IN THE AMERICA REGION

CREDITS GRAPHIC DESIGN

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KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION....................................................

CHALLENGES AND SUGGESTED OBJECTIVES FOR A LAC REGIONAL POLICY......................................................

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ABBREVIATIONS AND ACRONYMS

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What Has Hampered Universal Coverage?

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Significance and Scope of Universal Coverage

The Human Right to Water and Sanitation

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NORMATIVE CONDITIONS INCLUDED IN THE WATER AND SANITATION RIGHT

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KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION

3. KEY ELEMENTS LEADING TO UNIVERSAL ACCESS TO WATER AND SANITATION

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BOX 1 THE PDA23 STRATEGY IN COLOMBIA

Note. Of its denomination in Spanish: Plan Departamental de Agua PDA

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BOX 224 THE CONDOMINIAL SYSTEMS IN LIMA PERU

Information, Evaluation and Monitoring

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Enhance Financial Policies

BOX 326 THE SUBSIDIES FOR THE POOREST IN CHILE

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Greater Empowerment of the Citizen

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Progress regarding Millennium Development Goals (MDG)

MDG Compliance at Regional Level

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WHO-UNICEF. Progress on Sanitation and Drinking Water. 2010 Update, 2010.

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Review of Prospects of Countries in the Region

Note. Group I countries (USA y Canada) are not included

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Belize Costa Rica

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Trinidad & Tobago

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Financial Conditions GROUP / COUNTRY

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GROUP / COUNTRY Uruguay

GROUP / COUNTRY El Salvador

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GROUP / COUNTRY Dominican Republic

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GROUP / COUNTRY Jamaica

Trinidad & Tobago

Note. Group I countries are not included (USA & Canada)

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Enabling Environment GROUP / COUNTRY