creating policies and a legal framework 1 dörte peters, seecon international gmbh

Creating Policies and a Legal Framework1

Creating Policies and a Legal Framework

Dörte Peters, seecon international gmbh


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Contents

1. Policies and Legal Framework

2. Example: Water and Sewerage Services in Bogotá, Colombia

3. Change Process

4. Basis for Other Tools

5. Applicability

6. Advantages and Disadvantages

7. References



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UN 2010: General Assembly declared right to safe and clean drinking water & sanitation as human right…

makes issue more urgent puts pressure on (local) governments


Source: http://www.inkcinct.com.au/web-pages/cartoons/2007/2007-164-water-policy.jpg

Often changes in existing water and sanitation policies & legal frameworks required for successful implementation of SSWM tools and for reaching the ‘new’ human right for everyone. (GWP 2008)



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Policies (GWP 2008)

• International norms and rights (e.g. WHO guidelines): national, regional and local policies needed to force their adoption and enable implementation of SSWM tools.

• Policies delimit activities of all SSWM stakeholders, including local government.

• Appropriate policies encourage participatory, demand-driven & sustainable development.

Policies lead to development of laws, rules & regulation designed to achieve the policy goals


Source: http://www.wssinfo.org/essentials/tour2.html




Role of laws for sanitation and water management:

- implement and enforce policy- provide effective administrative &

regulatory mechanisms

Powerful tool to support SSWM on the local level Hand in hand with formulation or change of policies Creation of legal framework follows from development of

integrated and coherent local policy

Does not make any sense without enforcement body!

Legal Framework (GWP 2008)



• focused reform (1999-2000) on providing water & sanitation services to city’s poorest neighborhoods; provided subsidies for poor

• 1993: 78% of 5 million residents connected to water services, 71% to sewerage services

• 2001: 95% of 6.5 million connected to water services, 87% to sewerage services

‘external’ change of the legal framework as initiative for change

decentralisation can lead to local policy reform strenghtening the focus on water and sanitation management

2. Example: Water and Sewerage Services in Bogotá, Colombia

Law granting mayors more authority & independence in management of public services Mayor of Bogotá restructured Water and Sewerage Company of

Bogotá.

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Main Actors and Roles

3. Change Process

• National government: possibilities to formulate/ change policies and/ or legal framework at national level often binding for lower political level.

• Local governments possibilities vary. In countries with a central government they might play no role, in more decentralised countries they might have a more ample scope to formulate/ change policies and the legal framework.

• NGOs, Civil Society Institutions, and Community-Based Organisations: help develop policies & legal framework, e.g. with lobbying and influencing decision-makers on all levels

• Communities, schools, households can formulate their own policies and legal frameworks (with a limited outreach).



Change of Policies and Legal Framework 1/2

process informed by many factors: history, public perception, development challenges, social & economic context, depending on region’s background

no universally applicable solutions

3. Change Process

clarification of roles and responsibilities

new policy & legal framework within international norms & rights

Source: http://www.wsp.org/wsp/about/Cartoon%20Calendars/2003%20Calendar



Change of Policies and Legal Framework 2/2

process needs time

proactively policies, not just short-term response to crisis

‘reform’ not always what is needed: implementation of policies/ strategies already agreed upon, removing obstacles that prevent legislation from being enacted, or policies from being put into practice, etc. is also important

3. Change Process

Source: http://fasteddie.wordpress.com/2008/03/05/the-daylight-savings-time-warp/



Environment for Change Process

Deliberate water and sanitation policy combined with sound legal framework: provide basis for enabling environment for implementation of SSWM tools.

Policies & legal frameworks will not work properly without sound institutional framework, adequate human resources, and enforcement body (and vice versa).

Building this fundament accurately implementation of other SSWM tools working more sustainable

4. Basis for Other Tools



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Applicability of policies & legal frameworks on local level vary. Depends on:

- National policies, laws and rights

- Structure within the country (centralised or decentralised)

Possibility to work with policy and legal framework changes and new formulations on a local level tool very applicable

Existing laws, norms and rights within a country do not need to be ignored by just formulating new ones: Changes within given international and national framework possible.

5. Applicability



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6. Advantages and Disadvantages

Disadvantages:

• Need for enforcement of laws

• Process takes time

• Short-term cost but no short-term advantages

• Local authorities might have limited influence towards higher governmental powers and could be restricted on their actions

Advantages:

• Policies and legal frameworks can set minimum standards

• Clear definition of roles and responsibilities

• New frameworks within international norms

• Gender aspects can be considered

Necessary precondition for a successful implementation of the other tools



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7. References

GWP (2008). Toolbox. Integrated Water Resource Management. Global Water Partnership (GWP). URL: http://www.gwptoolbox.org/ [Accessed: 21.09.2010]

WSSCC (2009): Public Funding for Sanitation. The Many Faces of Sanitation Subsidies. Geneva: Water Supply and Sanitation Collaborative Council (WSSCC). URL: http://www.wsscc.org/fileadmin/files/pdf/publication/Public_Funding_for_Sanitation_the_many_faces_of_sanitation_subsidies.pdf [Accessed 21.09.2010]

Creating Policies and a Legal Framework 15

“Linking up Sustainable Sanitation, Water Management & Agriculture”

SSWM is an initiative supported by:

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creating policies and a legal framework 1 dörte peters, seecon international gmbh

Documents

legal framework source

sswm toolbox

local water

open source

open source concept

opensource concept

existing water

respective authors