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REGIONAL PROCESS OF THE AMERICASVI WORLD WATER FORUM

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Content

ACRONYMS 4

1 INTRODUCTION: 5

2 BACKGROUND: 7

2.1 Situation of water and sanitation services in the Americas: 7

2.2 Factors that have prevented universal access to water and

sanitation services: 9

2.3 Objectives of the Millenium Development Goals: 10

2.4 United Nations Declaration recognizing water and sanitation

as a human right: 12

3. THE GOALS DEFINED BY THE THEMATIC GROUP: 13

4 THE CHALLENGES FACING THE AMERICAS TO ACHIEVE UNIVERSAL

ACCESS TO SAFE WATER AND SANITATION SERVICES 16

5 SOLUTIONS OF THE AMERICAS TO ACHIEVE UNIVERSAL

WATER AND SANITATION SERVICES 20

5.1 Sector Governance: 22

5.2 Water financing for all: 25

5.3 A suitable environment: 28

6. CONCLUSIONS AND RECOMMENDATIONS 32

7. REFERENCES 33


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ACRONYMS

ABDIB Brazilian Association of Infrastructure and Basic Industry

AIDIS Inter-American Association of Sanitary and

Environmental Engineering

ANEAS Mexico’s National Association of Water and Sanitation Utilities.

ASCE American Society of Civil Engineers

CAF Development Bank of Latin America

CEHI Caribbean Environmental Health Institute

CONAGUA National Water Commission of Mexico

ECLAC Economic Commission for Latin America

EPM Public Companies of Medellín

ESVAL Sanitation company of Valparaiso, Chile

FAN CA Central American Network for Water Action

FAN MEX Network of Water Action- Mexico

GDP Gross Domestic Product

GWP CAM Global Water Partnership Central America

IADV Inter-American Development Bank

IFC International Forum Committee of the 6th World Water Forum

JMP Joint Monitoring Program

LAC Latin America and the Caribbean

OCSA Community Water Service Organizations

PAHO Pan American Health Organization

SABESP Basic Sanitation Company of the State of São Paulo S.A.

SANEPAR Sanitation Company of Paraná S.A

UN HABITAT United Nations Human Settlements Program

UNESCO United Nations Educational, Scientific and Cultural Organization


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1. INTRODUCTION

“There is very little that a government can do that will result in greater benefits than providing clean and healthy water to the population. With this, the incidence of diseases is reduced…, bringing down global health costs … increasing overall productivity and contributing to political stabilization” (Oxman and Oxer, 2000).

Recognizing this, the governments of the countries of Latin America and the Caribbean have made efforts to increase the coverage of water and sanitation services. At the same time, despite progress, the actual situation of services in many countries remains a serious concern for people, governments and various civil society organizations and multilateral agencies.

The region of the Americas stretching from Alaska in the United States to Tierra del Fuego in Argentina, including the island states of the Caribbean, is one of the world’s most diverse continents in terms of hydrological abundance and scarcity, and wealth and social poverty. Despite its low population density (22 inhabitants per km), 75% of people in the region live in, or around, cities, making the Americas the most urbanized region of the planet.

Every three years, the World Water Forums offer a unique opportunity to retake the global debate on the use and conservation of water resources and also to update information on the performance, public policy and relevant experiences relating to the provision of water-related services. In Marseilles, France, in March 2012, the Sixth World Water Forum (6FMA) will focus on setting goals and solutions for the sustainable development of water levels of the various regions of the world.

Ensuring universal access to water and sanitation is a challenge the Americas has been trying to overcome for the past three decades, the results of which are far from being a success. This shameful fact, under the recently adopted Declaration on the Human Right to Water and Sanitation, adopted in the Assembly of the United Nations, and its subsequent ratification by the United Nations Council for Human Rights, cannot be the subject of more debate. It requires immediate action and solutions from citizens and service providers all working together.

Similarly, the services of access to water and sanitation levels are highly variable, particularly the collection of wastewater in urban areas, where the average is between 56 and 66%, and treatment between 29 and 48%.


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Therefore, in the context of the Americas Regional Process towards 6FMA, various public, private, cooperative, multilateral organizations and civil society came together, from November 2009 onwards, to combine efforts for a constructive, objective analysis of the situation in the region and countries, developing solutions and commitments to achieve universalization.

For each of these priority areas, a working group with various organizations was formed to facilitate the process “WISE” (Wide Involvement Stakeholder Exchanges).

The slogan defined for the 6FMA was “The Time of Solutions” and therefore the process carried out globally and in the various regions, including the Americas, was based on identifying the priority issues and main problems, and defining recommendations and OBJECTIVES and GOALS, which should satisfy the condition of being “SMART” (Specific, Measurable, Achievable, Realistic and Time-defined), and later used to propose the solutions to the identified problems.

This document responds to the work done by the various entities that form the thematic group “Ensuring access to water and sanitation for all and the Human Right to Water and Sanitation”, coordinated by the IDB with the support of UN HABITAT and the active participation of FANCA, FANMEX, ABDIB, GWP, CNA, CEHI, World Bank, ANEAS, ASCE, AIDIS, CAF and the University of Nebraska.This process was founded on finding a roadmap for the Safe Water and Sanitation Sector in the Americas, based on a process of coordination with organizations representing various sectors, and reaching a consensus in the 6FMB. Along the way it was agreed that this debate, and the search for progressive commitments, must continue and advance in national, regional and global scenarios.

Thus, six priority areas for the Americas were defined, which in turn were tied to the 12 Thematic Priorities and 3 Success Constraints posed by the IFC of the next Forum. These thematic priorities are:

1. Ensuring access to water and sanitation for all and the Right to Water2. Responding to global climate change and an urbanizing world3. Governance to improve IWRM4. Ensuring food security5. Harmonizing energy and water6. Improving the quality of water resources and ecosystems


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2. BACKGROUND:2.2 Situation of water and sanitation services in the Americas:

While during the 60s, 70s and even part of the 80s, important improvements in the coverage of safe water and sanitation in Latin America and the Caribbean was achieved, the goal of achieving universal access to water and sanitation in the region decreased in the last three decades. The economic crisis that hit these countries and the neoliberal political-economic responses had important consequences in the water and sanitation sector in most countries of the region, marked by a significant decline in investment and lack of policy priority by national governments, contributing to what the independent expert of the United Nations on human rights issues on water and sanitation has called “the water and sanitation crisis” in the region.

Nevertheless, the overall coverage of access to drinking water and sanitation in Latin America has increased over the past 60 years. Undoubtedly, this significant increase in water and sewerage networks has meant an investment effort and institutional development for the region that has connected more than 300 million urban dwellers to water networks in the last 60 years (CAF, 2011).


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In Latin America and the Caribbean, with a population of 580 million inhabitants, 20% have no access to drinking water through aqueducts and 45 million do not enjoy safe drinking water. In the case of sanitation, the situation is even more complex and less than 50% of the population is connected to a sanitary sewage system, 20% have no access to any sanitation and less than 20% of wastewater is treated. (ABDIB, 2011).

Furthermore, the level of provision of services to homes is low in terms of the quality of water and the continuity of services seven days a week and 24 hours a day. The treatment of wastewater is deficient since less than 30% of the volume generated receives any treatment at all. This is on top of significant deficiencies in the urban drainage infrastructure.

The information reported by the companies providing services indicates that efficiency is generally low. On average more than 40% of the treated water is lost in broken pipes due to malfunctioning equipment and waste in households. This is because there is a lack of meters, malfunction, low tariffs that do not encourage efficient consumption, and measurement errors. In addition many of these companies face serious problems of delay and arrears (CAF, 2011).

A lot of inequality between countries exists regarding this data. The situation is worse in most countries of the region between rural and urban areas, even more so in access to sanitation than in access to drinking water. This is compounded by the fact that the urban population in the region is expected to grow by 50% by 2025. Inequality also exists regarding the level of income of the population, since most people without access to safe water and sanitation are in the low income group, concentrated in urban fringe areas as a result of rural migration. (PAHO, 2011).

One case that deserves special mention is the community water supply and basic sanitation services, which have seen significant growth. It is estimated that there are approximately 77,000 Community Organization Water Services (OCSA) in Latin America providing water to over 40 million people, and with the potential to serve 18 million more. In Central America around 30% of the population receives these services from community associations. The OCSA serve mostly rural and small towns, and are added at the country level to organizations providing technical assistance, allowing them to gain economies of scale and access public funds and international cooperation (FANCA, 2010).

With respect to the U.S. and Canada, while universal coverage was achieved three decades ago, some reforms in the legal and political framework are needed, as are major investments to modernize water and sanitation. (UN-HABITAT IDB, 2011). In


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the case of sanitation in the United States, only 5% of sewage is not collected while 74% of water is treated (ABDIB, 2011).

2.2 Factors that have prevented universal access to water and sanitation services:

With regard to the causes that have prevented the universalization of water and sanitation services, the following categories can be indentified:

Governance: This can be reflected in a lack of effective organization, in the poor distribution of responsibilities, deficiencies in evaluation mechanisms and transparency to combat unethical practices, lack of political priority for the water sector, inadequate institutional and policy framework to properly address priorities and the situation of poor urban settlements in the region, and the failure by governments to adopt models and mechanisms already used in other countries within and outside Latin America. The relationship between water and sanitation services and health and hygiene by the responsible authorities is also not clear, hindering the development of comprehensive public policies (ABDIB, 2011).

Social and demographic: This is manifested in the increase in migration to towns and cities in areas where it is difficult to extend public services due to technical, economic, legal and geographic boundaries. In rural areas the problem is compounded because the migration process significantly reduces the population, affecting the financial sustainability of existing systems. The rural population is usually widely dispersed making it very expensive to provide these services through sustainable models.

Economic and financial: This is manifested in the high cost of investment needed to close the gaps in coverage, the lack of sufficient resources from central and local governments, the lack of transparency and efficiency in execution, and the existence of unethical practices, in addition to the lack of systems and subsidy mechanisms. Furthermore, tariffs are outdated and do not take into account the real economic costs of service provision, unfairly favoring those with higher incomes and means, and disfavoring those in poverty living around large and medium cities.

Technical and operational: These causes are visible in the absence of appropriate technologies and innovative solutions to provide affordable water and sanitation to poor urban settlements and rural areas. This is in addition to high levels of unaccounted water in large and medium cities due to poor management and financial constraints to undertake maintenance activities and low levels of efficiency


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and supply by operators of water, despite the existing regulations and the safe use of wastewater (including treatment).

Cultural: The high levels of consumption of domestic water in some countries in the region, including the developed countries are due, among other reasons, to the lack of measurement systems in homes and outdated tariffs or quotas that do not encourage water saving.

In addition, participation in the solution and managing of water and sanitation problems is low, particularly in rural and marginal urban settlements. There is also a misunderstanding of the human right of access to water and sanitation which is sometimes manipulated to prevent the introduction of solutions that already exist in other parts of the continent (UN-HABITAT IDB, 2011).

Following the analysis of causes, it is evident that in the LAC region neither the public sector nor the large private companies that have been involved in the issue to date have always responded realistically to the water and sanitation needs of those with fewer economic resources. This is underpinned by the lack of a subsidy system or the adoption of a program of minimum income enabling the poorest to pay for the service. This is turn leads to people in the low-income bracket to seek their own solutions to meet their basic needs for drinking water and sanitation, although in many cases, this is done through improper and expensive practices. It is important to highlight that in some countries in Latin America, the cost of a unit of water for those without water in their homes may be up to 12 times more expensive than the cost of water for those with access to water in their homes. This situation should make governments and all stakeholders in the sector promote and support sustainable and egalitarian policies and practices targeted at people with fewer economic resources (IDB UN-HABITAT, 2011).

2.3 Objectives of the Millenium Development Goals:

The Millennium Development Goals (MDGs), adopted by the Millennium Summit of the United Nations in September 2000, established the goal, for 2015, of reducing by half the gap that existed in the water and sanitation coverage in 1990. There is no doubt that the MDGs have helped put the imminent priorities to promote access to safe water supplies and basic sanitation on the global agenda.


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According to the publication of the WHO-UNICEF-JMP entitled “Progress on Sanitation and Drinking Water: 2010 Update”, and despite the differences and inconsistencies in the information provided by countries highlighted in this report, the Latin American and Caribbean countries have advanced in relation to the Millennium Development Goals for 1990, 2000 and 2008. This report reaffirms the gap in:

For the region as a whole, the data suggest that the level of improved water coverage projected by the Millennium Development Goals of 93% has been achieved and slightly exceeded, meanwhile, sanitation coverage has not reached the intended target set for the region of 85 % (UN-HABITAT IDB, 2011).

In general, the most recent indicators denote that in quantitative terms, water coverage is satisfactory, except in countries like Haiti, Nicaragua, Peru and the Dominican Republic. The sanitation indicators of a greater number of countries (Bolivia, Panama, Nicaragua, Colombia, Haiti, Jamaica, Peru, Dominican Republic and Venezuela) appear to extend beyond 2015. (WHO, UNICEF, 2010).

Strictly speaking, the objectives of the MDGs relating to access to improved and sustainable drinking water, and improved sanitation facilities, have supposed a minimum scheme of platforms which are currently clearly insufficient to address the sectoral challenges in Latin America. They do not meet the aspirations of people in the cities of this region of accessing services through household connections, much less when the effects of economic development experienced in the past two decades has renewed the economic expectations and the just aspirations of the population regarding access to well being. In rural areas, the MDGs are better attuned to the practices and aspirations of the people seeking access to basic services, sustainable water and sanitation that can be progressively improved (CAF, 2011).

i) the difference between the improvement in the access to water compared to access to improved sanitation,ii) access to water and sanitation between urban and rural areas,iii) the social differences within and between countries.


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2.4 United Nations Declaration recognizing water and sanitation as a human right:

Even though some international legal instruments had implicitly recognized access to water and sanitation as a human right, it was not until 2002 through General Comment number 15 of the International Covenant on Economic, Social and Cultural Rights of the UN that access to water and sanitation was explicitly recognized as a human right (FANCA / FANMEXICO, 2012).

However, a great step to demonstrate the “political will of the international community to address the global water and sanitation crisis “ (IDB-UN HABITAT, 2011) was taken on July 28, 2010 when the General Assembly of the United Nations recognized water and sanitation as a human right, and thereafter, on September 30, 2010, when the UN Council of Human Rights issued a resolution recognizing both rights and urging countries to take measures for their effective implementation.

The Council affirms that the human right to water and sanitation derives from the right to an adequate standard of living, and is associated with the right to health and the right to life and human dignity, all recognized in the International Covenant on Civil, Economic and Cultural Rights. Since they are being recognized by the countries, they come to constitute a universal principle of law inherent to all human beings, without any distinction and thus become enforceable rights binding on all mankind. (FANCA / FANMEXICO, 2012).

Discussion is needed on the implications of this right; what are the obligations of States and what are the rights of people on this topic. In this sense it should be noted that under international law, all States have an obligation to respect, protect and fulfill human rights. The resolution of September 30, 2010 further provides that States have the responsibility to develop all the appropriate instruments and mechanisms for the realization of their human rights obligations related to access to drinking water and sanitation, which may include legislation, plans and strategies (FANCA / FANMEXICO, 2012).


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3. THE GOALS DEFINED BY THE THEMATIC GROUP:

The thematic group was formed in April 2011 to meet the objective of ensuring access to water and sanitation for all and the human right to water. The group was formed to work on “Ensuring access to water services for all and the Human Right to Water “, and defined two goals, which were used as a basis for its work in the following months. The goals are:

GOAL 1. “By 2012 all countries in the Americas are aware of the implications and principles of the declaration of water and sanitation as human rights, and by 2015, 25% of the countries of the region have a formal roadmap for the implementation of these rights.”

GOAL 2. “By 2020 at least half of the countries of the region have reduced the gap by 50% compared with the baseline of 2008 in both water service access and wastewater treatment service.

POLICY CONDITIONS INCLUDED IN THE RIGHTTO WATER AND SANITATION

1. Availability: the human right to water is limited to personal and domestic use and contemplates sufficient supply for each person for these purposes. Similarly, a sufficient amount of sanitation services must be available.

2. Quality: The water should be safe for consumption and other uses and should not pose a threat to human health. Sanitation facilities should be hygienic and technically safe for use. To ensure hygiene, access to water for cleaning and hand washing is essential.

3. Acceptability: the sanitation facilities, in particular, must be culturally acceptable. This often requires gender-specific facilities, constructed in such a way that ensures privacy and dignity.

4. Accessibility: water and sanitation should be permanently accessible to every person in or around their home. Physical security should not be jeopardized when using the facilities.

5. Affordability: The cost of access to water and sanitation should be appropriate for the user.

Source: BID/UN HABITAT, 2011


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These goals are largely related to each other and both aim to advance in achieving universal access in the region of the Americas. One of them is to employ the declaration of the UN General Assembly and Human Rights Council, recognizing water and sanitation as a human right, as a tool to demand the political commitment of governments and political authorities. The other is to highlight the actions of the various operators (public or private) toward the need to improve management of the services and thereby recover resources that could facilitate access for all, including those most in need.


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In April, to fulfill these two goals, the organizations involved prepared, and subsequently periodically revised, an Action Plan of Goals, presented in Attachment #1. In an assessment to date, it can be seen that while some of the planned activities were not realized, these were replaced by others and therefore it can be said that this Action Plan has largely been implemented.

FANCA and FANMEX are in charge of coordinating Goal # 1 and ABDIB is in charge of Goal # 2. The Thematic Group, and especially these organizations, have promoted a dialogue of multiple actors to pursue broad participation in the sub-regions of the Americas. Within these initiatives, six national workshops conducted in Central America are highlighted. The workshops were organized by FANCA and GWP in June and July 2011 and brought together around 300 representatives of civil society, local governments, national agencies, academia, the private sector, networks and international organizations.

In September 2011, Mexico City hosted the Workshop of Groups of Goals and Solutions for the Americas and subsequently, in November of the past year in Medellin, Colombia, the Seventh Inter-American Water Dialogue-D7- was held, culminating in a regional event led by the Central American Integration System, as part of the Alliance for Water in January 2012 in San Salvador with representatives from a wide range of organizations.

Based on this effort and the participation of different experts, FANCA and FANMEX prepared a position paper for goal # 1, entitled “The Human Right to Water and Sanitation”. Similarly, ABDIB coordinated the preparation of a position paper called “Guarantee access to integrated water and sanitation services and the Right to Water and sanitation for all”. To see the full content of these studies and how they were implemented, please visit https://sites.google.com/site/wwfamericas/ as the material cannot be quoted in full in the current document.

On the other hand, IDB together with UN HABITAT prepared the document “Access to water and sanitation for all and the human right to water and sanitation in the region of the Americas” which was presented at the D7 in a session convened by these organizations and the OAS, with the participation of about 500 people. This came to support the actions being undertaken by the thematic group and provide elements for the documents that should be prepared to support the established goals.


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The documents “Water and Sanitation in Latin America, realistic goals and sustainable solutions, proposed for the 6th World Water Forum” and “Water and Sanitation: evidence for public policy with a human rights approach and public health outcomes” were prepared by CAF and OPS, respectively, and have been a valuable input for discussion and decision-making. All of these documents served as independent input to support analysis and the preparation of this document.

4. THE CHALLENGES FACING THE AMERICAS TO ACHIEVE UNIVERSAL ACCESS TO SAFE WATER AND SANITATION SERVICES

To overcome deficiencies in the governance sector implies achieving political priority on the national agenda and strengthening public institutions of Latin American and Caribbean countries, which have not been able to meet the specific needs of the population in regard to claims for public utilities, especially water and sanitation. Many times, these weaknesses are the result of outdated and inefficient management practices; political intervention understood as public stakeholder participation in management decisions; operational, financial and economic management with short-term or opportunistic political purposes; a lack of financial and human resources; or poor institutional design (CAF, 2012).

Rapid urbanization makes the region of America, in relative terms, the most urbanized region of the planet, the result of a process driven strongly by the model of industrialization / urbanization. While in the 50’s the region’s urban population was about 40%, currently the urban population is at 79%. It is estimated that by 2025 this figure will rise to almost 84%, and to 89% in 2050. This rise will substantially increase the demand for drinking water and sanitation in cities and the competition and conflicts between urban and other uses -a problem that may be aggravated in some places due to climate change. At the same time, urbanization and the concentration of population creates opportunities and the economies of scale, access to technology, public and private financing and city specific management skills to rapidly expand coverage of quality services should be taken advantage of.

Integrate slums: it is impossible to improve water services and sanitation in LAC without simultaneous comprehensive attention to provide decent housing and services to 27% of the highly vulnerable urban population


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living in precarious conditions in informal settlements in urban and peri-urban areas that are difficult to access and whose low income offers them little ability to pay for services. Therefore, support and general and targeted subsidies are required. The LAC challenge is to accelerate the incorporation of the population in informal settlements, in high risk and difficult to access urban and peri-urban areas, to the formal structure of housing and services in the quickest, most efficient and equitable fashion together with effective risk management.

Improve Deficient levels of investment: one of the most serious aspects that poses a challenge for the countries of the Americas is the limited availability of resources to finance the sector as well as investment in infrastructure and the sustainability of services. Estimates indicate that total investments of around U.S. $ 250 billion is required for the period 2010-2030, at U.S. $ 12.5 billion annually, to achieve long-term household coverage of the total urban population and other related objectives associated with urban water problems: wastewater treatment, the provision of rainwater drainage services, the provision of services to the urban informal areas (slums), the expansion of sources correlated to the growth of coverage, and the renovation and rehabilitation of existing facilities and equipment.

This value represents 0.3% of the regional aggregated GDP for the year 2010, a reasonable amount in relation to the size of the fiscal budgets for investment, and the necessary tariff contribution to investment under the principles of efficiency already achieved in some countries in the region, coupled with the criteria of equity that provide adequate social protection (CAF, 2012).

Application of real rates and subsidies to those most in need: Approaches that are based on opportunistic political decisions-usually that of providers, with the endorsement of high levels of government (Argentina, Bolivia, Venezuela), must be eliminated. These include cases where the rate of water service is frozen for years. In this context, the case of Panama is underlined, where, for political reasons, the rate of drinking water remains frozen since 1982. (CAF, 2012). Overall for the entire LAC region, the nominal rates billed barely cover operating costs and comprise the chronic inefficiency of the service. Inefficiencies represent at least 25% of the total turnover of 15 countries considered (CAF, 2012).


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The finance challenge for the water and sanitation sector in the region does not end with the efforts for investment in infrastructure. As is well known, many of the countries in the LAC region have the worst income distribution in the world; therefore, the ability of a significant portion of its population to pay is quite low. Almost 40% of people live below the poverty line. From the perspective of sustainable water and sanitation services this is disadvantageous and worrying and must be attended to until the socio-economic conditions are reversed. Consequently, many countries in the region must structure, fund and implement subsidy schemes targeted at the poorest and aimed at the sustainable provision of services (IDB UN-HABITAT, 2011).

Understanding the scope of the Human Right to Water and Sanitation: The recognition of the human right to water and sanitation and its incorporation into the international legal framework, as well as a set of commitments, principles and criteria that have been promoted to characterize it, is still pending. In this discussion some myths about what the application of this human right entails have been raised, which must be clarified. With this resolution is to be understood that:

The right to water and sanitation does not mean that these services must be provided without cost. Those with the ability to pay should do so to ensure their sustainability. However, tariff systems should be adjusted according to the payment capabilities of different users.

Each country can choose a legal model to provide the service, either public or private, through different NGOs or CBOs.

Governments must exercise effective control over these services and are ultimately responsible for the availability, accessibility, affordability and quality of services. They must ensure that services are provided in accordance with existing national standards and human rights obligations.

In exceptional situations of extreme poverty or in a crisis involving refugees, human rights requires access to a certain amount of water needed for survival, without compensation or with limited compensation.

Governments are not obligated to build household sanitation. The legal responsibility lies with the owners or occupants thereof. However, governments


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should support the creation of an enabling environment, i.e. the conditions leading to the progressive realization of basic sanitation for all.

Improve the efficiency and quality in the provision of water and sanitation services: some operational indicators show the average configuration of poor quality of water, 40% of unaccounted water (ANC), levels of default exceeding 15%, the discontinuance of water supply by nearly 30% of the systems, micro measurement of consumption that does not exceed 65% and over employment that is covered up with outsourcing of all kinds and in fact amounts to an average level of 3.8 officers per thousand connections. An efficient scenario, according to comparisons used for emerging countries in the European Union, suggest rates of ANC of 20%, zero tolerance of delinquencies, and indicators of labor productivity of 500 clients per employee (CAF, 2012) . The margins of inefficiency in revenue, productivity and non-revenued water, based on minimal and gradual improvements, would provide an annual sum of $ 5.8 billion (CAF, 2012).

Reduce the gap between access to safe water and sanitation between urban and rural communities

On the one hand, the migration process mentioned above results in a significant reduction of the population and, consequently, the financial sustainability of existing systems becomes more difficult for those who stay behind. Moreover, in many countries the rural population is widely dispersed and, therefore, providing these services through methods such as conventional equipment and networks is very expensive. The State should encourage the use of unconventional technologies such as the collection of rainwater, the use of tanks and others.

In LAC, over 40 million people in rural and peri-urban areas try to solve the shortage of water and sanitation through community management of water. More than 80,000 Community Organizations for Water and Sanitation Services (OCSAS) exist to manage access to water by neighborhood groups in rural and peri-urban areas where public, private or mixed companies that provide services to large cities do not operate.

By laws of self-government, working together and electing their leaders in an open fashion, the efforts of the OCSAS are directed to establishing a system of collection, purification and distribution of water and payment for the service. The main challenges facing community water management are the limited access to


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financial resources for the expansion and improvement of systems, insufficient opportunities for capacity building, low levels of associability, and low visibility and recognition in policy-decisions and society at large, reducing its political weight. These organizations, combined with an acting State that defines specific public policy with independent regulation and the technology and proper functioning of these operators, represent a real possibility of reducing the rural- urban gap.

• Integrated Management

It is vital that LAC make sustained efforts to promote integrated water management, taking into account the criteria of social equity, environmental sustainability and economic efficiency. The water and sanitation sector is a substantial part of a more holistic perspective, referring to the various uses and conservation of water resources. This should include the integrated management of watersheds to protect water sources and associated ecosystems, thereby ensuring future access to water, especially in areas of water scarcity. Another coordinating factor necessary for sanitation is incorporating integrated solid waste management within the responsibilities of local authorities.

5. SOLUTIONS OF THE AMERICAS TO ACHIEVE UNIVERSAL WATER AND SANITATION SERVICES

Although the UN resolution does not create legal obligations on its member states, some countries of the continent have already incorporated an explicit recognition of this right into their legal frameworks. This alone is not the solution but is, however, a major step forward as a political tool. Nevertheless, the vast majority of countries still face the challenge not only in incorporating this human right in their legal frameworks, but particularly in the definition of an action plan that really translates into the universalization of drinking water and sanitation in an adequate, safe, acceptable, physically accessible and financially affordable way.

Some of the actions that have taken place on the continent to implement the human right of access to water and sanitation can be framed in political actions towards the search for good governance, but there are also other actions of a technical nature that have tried to eliminate the existing gap and move towards universal services.


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To achieve the goals of universalization of water and sanitation services in the field of human rights, the actions to be taken by those responsible for policies, plans and legislation should be based on three interconnected and interdependent determinants of success:

It is also clear that the decisions on water by and large fall on managers outside the water community: in the Ministries of Planning and Finance, in legislative bodies, and in the effective participation of all society including businesses and communities.

For high density urban areas, urban network access will be favored as it has a huge impact on health, jobs and in the appraisal of housing. In some outlying areas or small communities, the network solution is not always sustainable. In such cases, decentralized models will be promoted.

For rural areas, the same concept used for outlying areas or small communities through decentralized models can be applied.

Another pillar of the desired solutions is the recognition that any solution consists of one or more factors of success as the term describes. Each condition has its components, described below, which are essential for the construction of a solution.

1. Good Governance2. Financing of water for all3. Enabling environment


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5.1 Sector Governance:

Having an appropriate legal, policy and institutional framework for the water and sanitation sector offers better conditions for the sector. However, the right conditions must be present for this framework to be implemented. The participation of different sectors in the construction of public policy instruments, according to proper and adequate mechanisms, is also a factor that facilitates governance by including sectoral perspectives and not seeing these instruments as an imposition from above. Also, for good governance, a priority sector within the state apparatus must exist, taking into account that often the factors that affect the political and institutional framework of water and sanitation are outside of the sector, such as tax law, budget ceilings, administrative contracts, budgets, among others.

Other factors affecting governance are the continuity of public policies, despite changes of governments or the passing of time. Additionally, spaces for real citizen participation, effective mechanisms, appropriate budgets and clear rules in accordance to the reality of each country must exist. Finally, it is considered that a comprehensive policy framework would complement their suitability and create an environment more favorable to the achievement of the goals of universal coverage through the explicit recognition of the human right to water and sanitation in the laws that govern the sector.

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5.2 Sector Governance: Having an appropriate legal, policy and institutional framework for the water and sanitation sector offers better conditions for the sector. However, the right conditions must be present for this framework to be implemented. The participation of different sectors in the construction of public policy instruments, according to proper and adequate mechanisms, is also a factor that facilitates governance by including sectoral perspectives and not seeing these instruments as an imposition from above. Also, for good governance, a priority sector within the state apparatus must exist, taking into account that often the factors that affect the political and institutional framework of water and sanitation are outside of the sector, such as tax law, budget ceilings, administrative contracts, budgets, among others. Other factors affecting governance are the continuity of public policies, despite changes of governments or the passing of time. Additionally, spaces for real citizen participation, effective mechanisms, appropriate budgets and clear rules in accordance to the reality of each country must exist. Finally, it is considered that a comprehensive policy framework would complement their suitability and create an environment more favorable to the achievement of the goals of universal coverage through the explicit recognition of the human right to water and sanitation in the laws that govern the sector. Aspect Solution Example in the Americas Legal Frameworks

Up-to-date, clear and comprehensive legal frameworks for the water and sanitation sector, with an integrated management vision and that defines the specific roles of the different actors in addition to the requirement of proper planning based on a long-term investment plan .

• National Water Act of Nicaragua, 2007

Regulation of drinking water and sanitation services to achieve equity, social inclusion and the transformation of the sector.

• Health/Sanitation Services Act, Chile

• Residential Services Act of Colombia

• Law 14445/2007, Brazil Include the recognition of the human right to water and sanitation in the countries’ legal frameworks (constitutional or statutory level).

• Some countries in LAC have elevated the recognition of the human right to water to the constitutional level as in the case of Nicaragua (1986), Uruguay (2004), Ecuador (2008), Bolivia (2009) and more recently Mexico (2012). In the case of Bolivia it is recognized that the state can do so by itself or through joint,


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cooperative or community entities.

• In Central America, the Central American Integration System (SICA) has approved a regional instrument called the "Regional Strategy for Integrated Water Resource Management" (ECAGIRH), which has recognized the human right to water, yet not to sanitation.

• Some national efforts exist based

on other instruments, as in the case of Nicaragua who ratified it in its National Water Law and National Water Resource Policy.

• Costa Rica recognized the right

through the Principles of the National Water Policy of Costa Rica, approved by executive decree in 2002 and through jurisprudence of the Constitutional Chamber of the Supreme Court.

• In 2004, the Court of Justice of the

province of Cordoba, Argentina recognized this right in its case law and ensuring the water rights of its citizens is the duty of the Provincial State.

Institutional Framework

The roles and responsibilities must be clear and well identified among the bodies responsible for policy and the service providers.

• Nicaragua passed the Special Water and Sanitation Committee Act and also a General Water Law, including a national council for water resources and watershed committees, clarifying the responsibilities of each entity.

Regulation of public services should be independent of service providers. These regulators require administrative autonomy and decision making and should tend to (i) maximize the knowledge of efficient costs of the sector, both investment and operation, (ii) enhance control through continuous updating of

• Currently 28 water and sanitation service regulatory bodies, plus 17 multi-service regulatory agencies (which include basic sanitation) exist.

• Regulatory agencies that have accumulated more experience and ability are from Chile, Colombia and Peru.

• The Association of Water and


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methodologies, systems and actions (iii) reduce the information asymmetries facing providers, (iv) enable discussion based on facts of the rational size of investments (v) increasingly reduce conflicts between users and providers.

Sanitation Regulators in the Americas (ADERASA) brings together 15 regulators in LAC.

Policies and plans

Adapt sectoral planning towards the universalization of services and the implementation of the human right to water and sanitation, setting new goals especially for the population in informal settlements.

• National Plan for Drinking Water and Sanitation (2006-2015) of Peru.

• Incorporate peri-urban

communities in the informal networks of water and sanitation through improved urban infrastructure and the legalization of land tenure, as is the case of Medellin, Colombia.

Strengthening the relevance of the sector through greater involvement of the States via the adoption of policies and long-term plans for the sector that transcend successive governments.

• The Water Agenda 2030 adopted by the National Water Commission of Mexico (CNA) in March 2011 set the goal of universal coverage in water and sanitation by 2030, that is the equivalent to connecting 36.8 million people to drinking water and 40.5 million to sanitation, with an estimated investment of 20 billion dollars.

To make them real and effective, the new sectoral plans must go beyond the current constitutional recognition of the human right to water and sanitation, viewed only as a declaration.

• The National Sanitation Plan in Brazil for urban areas, which sets targets for coverage and quality, is widely consulted with all members of society.


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5.2 Water financing for all:

The availability and allocation of financial resources for investment in the water and sanitation sector depends greatly on the importance that is given to it in the national agenda and public policies of each government. The determination of resources for investment, be it public or private, as a result of the demand needed to achieve goals of access to water and sanitation, is an indicator of the relevance of this sector for governments. The distribution of resources, based on technical and social criteria, is another way to ensure their efficient use.

Furthermore, the provision of resources to attract foreign investors, local private investors and multilateral organizations for multiplier projects is another demonstration of the relentless pursuit of the solution. Additionally, measures like the creation of investment funds or sector operators with well-defined sources of income are another indicator of the financial priority of the sector. Few countries in the region have specific and structured financial frameworks and programs for their sectors of water and sanitation that are able to support sustainable services for all. That is why it is urgent that the tariffs take into account the real economic and environmental costs of providing services.

There is also an intrinsic need for social justice for the establishment of subsidies for the poor, to update the objective criteria for targeting, removing existing distortions, while restricting the benefits enjoyed by many users who do not require them.

A widespread and gradual revision of the current subsidy structure would generate additional revenue over 20% of the current income (approximately U.S. $4.2 billion). In this case, better efficiency coupled with the correction of the subsidy system would make possible, without major constraints, to reach the amount required to cover the funding gap which should be borne by the services themselves (CAF, 2012).


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(FISA) by law to support investment in sanitation. Over the next 8 years the government has planned to invest 0.5% of its GDP annually, equivalent to U.S. $270 million in 2008, to achieve universal coverage of water and sanitation in 2018, and at least 50% of wastewater treatment in urban areas.

• Long-term investment plans of

the U.S. regarding water and wastewater treatment. This plan is approved by Congress and includes the replacement, modernization and expansion of the existing infrastructure, with an emphasis on small communities and rural areas.

• Innovative schemes and regulated concessions, such as the case of Limeira, Brazil, where a system was established to increase investment and improve access to water and sanitation services and reduce water losses in a city of 280,000 people through a concession model.

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5.3 Water financing for all: The availability and allocation of financial resources for investment in the water and sanitation sector depends greatly on the importance that is given to it in the national agenda and public policies of each government. The determination of resources for investment, be it public or private, as a result of the demand needed to achieve goals of access to water and sanitation, is an indicator of the relevance of this sector for governments. The distribution of resources, based on technical and social criteria, is another way to ensure their efficient use. Furthermore, the provision of resources to attract foreign investors, local private investors and multilateral organizations for multiplier projects is another demonstration of the relentless pursuit of the solution. Additionally, measures like the creation of investment funds or sector operators with well-defined sources of income are another indicator of the financial priority of the sector. Few countries in the region have specific and structured financial frameworks and programs for their sectors of water and sanitation that are able to support sustainable services for all. That is why it is urgent that the tariffs take into account the real economic and environmental costs of providing services. There is also an intrinsic need for social justice for the establishment of subsidies for the poor, to update the objective criteria for targeting, removing existing distortions, while restricting the benefits enjoyed by many users who do not require them. A widespread and gradual revision of the current subsidy structure would generate additional revenue over 20% of the current income (approximately U.S. $4.2 billion). In this case, better efficiency coupled with the correction of the subsidy system would make possible, without major constraints, to reach the amount required to cover the funding gap which should be borne by the services themselves (CAF, 2012).

Aspect Solution Example in the Americas Bigger and better investments

The universalization of drinking water and sanitation is achieved through increases in investment. Minimum ranges should be established related to the country's GDP or average income of the population per capita.

• Brazil is currently investing 0.2% of its GDP, or U.S. $ 2.6 billion which should be sufficient to achieve universal coverage by 2020, as estimated by the IDB. The proposed agenda for the period 2011-2014 (under discussion) addresses the challenge of investing U.S. $200,000 million in order to achieve universal coverage by 2030

• Ecuador created the Social Emergency Investment Fund


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Subsidy policies for disadvantaged populations

Institutions are strengthened through tariffs and depoliticized subsidies that result in strategies, sectoral targets and technical assessment processes of costs and efficiencies, where the provider plays a proactive role. These subsidy programs must not only reach those connected to a service network, but also the marginal urban and rural population not within the service network systems to include them.

• In 1989, Chile designed a subsidy mechanism for payment of water and sanitation to protect the most vulnerable groups. Subsequently, amendments were made in 1991, 1994 and 1998 to supplement the law relating to rates. The system is a direct subsidy intended to grant households with fewer resources access to basic consumption needs. The law sets a percentage to be subsidized, between 25% and 85% for the first 15m3 of consumption per month and also allows rural people to access these grants. The subsidy should cover only the difference between actual consumption and the ability to pay. The law "Solidary Chile’’ established a system of social protection for families in extreme poverty; an additional subsidy can cover 100% of the first 15m3 of water consumption.

Rates directly involved in the creation of investment resources and improving efficiency to reduce costs.

To ensure sustainability of services, a system of sound, transparent and fair fees/costs is undoubtedly needed. These systems must fully or partially recover the cost of capital for the expansion, rehabilitation, maintenance and operation of systems. These systems require independent regulation to meet the criteria of equity and environmental sustainability.

• The pricing mechanisms, as well as regular or special adjustments may respond to models of economic regulation as applied in Chile, Colombia or Peru, or to administrative recovery of costs as in Uruguay, to systems based on current costs inflation (Brazil), or in systems that combine these components.

• Many operators operate with levels of efficiency and competitiveness: Brazil (SABESP, SANEPAR, and Aguas de Limeira); Colombia (EPM); Chile (Aguas, ESVAL) Bolivia (SAGUAPAC). Others are moving in that direction: Colombia (Barranquilla Triple A), Uruguay

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(OSSE), Ecuador (INTERAGUA) and Mexico (Aguas de Saltillo).

5.4 A suitable environment:

The ability of a country trying to move forward with the necessary steps to improve the delivery of water and sanitation services, with the goal of achieving universal coverage as soon as possible, depends on the existence of an suitable domestic environment that supports and encourages the development of all necessary measures. The existence of a regulatory system, as we are talking about public services, with independence and financial autonomy, represents two pillars to any solution. It is important to promote a culture of sustainability (no solution is maintained without it), and guarantee to investors (public and / or private) the necessary protection and legal certainty. The existence of long-term plans and executive projects at the required levels is just as fundamental as the clear roadmap to achieve universalization. An important element to promote an enabling environment for the water and sanitation sector is the level of community participation promoted by current law. Therefore, laws and industry regulations that provide for prior informed, active, clear and enforceable participation in the community to formulate policies, monitor service providers, make decisions on the project characteristics and, eventually, operation and maintenance, when technically feasible, must be regarded as favorable factors for a suitable environment. Therefore, the existence of laws, plans or programs that specifically address access to water and sanitation for disadvantaged social groups, rural and marginal urban areas, is considered to be a positive factor that will contribute to achieving universal access at a faster rate.

Aspect Solution Example in the Americas Citizen Participation and decentralized systems

Promote and recognize the participation of citizens in the provision of safe water and sanitation, especially in rural and suburban areas. The main factor of success of this management is partnership, which allows for extended coverage, improved quality of services and democratized management. A successful partnership can also strengthen leadership and the proactive capacity for participatory sectoral policy-making. Formal recognition of

In Central America and Mexico, 30% of the population is served by a service provider organization at community level. Nicaragua has a Law on Water and Sanitation Committees (CAPS). The Water and Labor Plan of Argentina seeks to improve the coverage of drinking water and sanitation networks, coordinated by public companies coordinated by providers, in conjunction with local governments and cooperatives.


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The ability of a country trying to move forward with the necessary steps to improve the delivery of water and sanitation services, with the goal of achieving universal coverage as soon as possible, depends on the existence of an suitable domestic environment that supports and encourages the development of all necessary measures. The existence of a regulatory system, as we are talking about public services, with independence and financial autonomy, represents two pillars to any solution.

It is important to promote a culture of sustainability (no solution is maintained without it), and guarantee to investors (public and / or private) the necessary protection and legal certainty.

The existence of long-term plans and executive projects at the required levels is just as fundamental as the clear roadmap to achieve universalization. An important element to promote an enabling environment for the water and sanitation sector is the level of community participation promoted by current law. Therefore, laws and industry regulations that provide for prior informed, active, clear and enforceable participation in the community to formulate policies, monitor service providers, make decisions on the project characteristics and, eventually, operation and maintenance, when technically feasible, must be regarded as favorable factors for a suitable environment.

Therefore, the existence of laws, plans or programs that specifically address access to water and sanitation for disadvantaged social groups, rural and marginal urban areas, is considered to be a positive factor that will contribute to achieving universal access at a faster rate.


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(OSSE), Ecuador (INTERAGUA) and Mexico (Aguas de Saltillo).


The ability of a country trying to move forward with the necessary steps to improve the delivery of water and sanitation services, with the goal of achieving universal coverage as soon as possible, depends on the existence of an suitable domestic environment that supports and encourages the development of all necessary measures. The existence of a regulatory system, as we are talking about public services, with independence and financial autonomy, represents two pillars to any solution. It is important to promote a culture of sustainability (no solution is maintained without it), and guarantee to investors (public and / or private) the necessary protection and legal certainty. The existence of long-term plans and executive projects at the required levels is just as fundamental as the clear roadmap to achieve universalization. An important element to promote an enabling environment for the water and sanitation sector is the level of community participation promoted by current law. Therefore, laws and industry regulations that provide for prior informed, active, clear and enforceable participation in the community to formulate policies, monitor service providers, make decisions on the project characteristics and, eventually, operation and maintenance, when technically feasible, must be regarded as favorable factors for a suitable environment. Therefore, the existence of laws, plans or programs that specifically address access to water and sanitation for disadvantaged social groups, rural and marginal urban areas, is considered to be a positive factor that will contribute to achieving universal access at a faster rate.

Aspect Solution Example in the Americas Citizen Participation and decentralized systems

Promote and recognize the participation of citizens in the provision of safe water and sanitation, especially in rural and suburban areas. The main factor of success of this management is partnership, which allows for extended coverage, improved quality of services and democratized management. A successful partnership can also strengthen leadership and the proactive capacity for participatory sectoral policy-making. Formal recognition of

In Central America and Mexico, 30% of the population is served by a service provider organization at community level. Nicaragua has a Law on Water and Sanitation Committees (CAPS). The Water and Labor Plan of Argentina seeks to improve the coverage of drinking water and sanitation networks, coordinated by public companies coordinated by providers, in conjunction with local governments and cooperatives.


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these structures, both legal and institutional, is important.

In Cochabamba, Bolivia an alliance of various actors (foundations, local governments and community-OTB operators) was established to benefit low-income communities, providing systems of low-cost distribution to populations under 10,000 inhabitants and small sewage collection networks with small treatment plants.

Social participation should consecrate through regulatory mechanisms, procedures and institutional measures for decision-making.

National User Statute (Colombia). General Law on Consumer Protection (Chile)

The informed participation of different sectors to eliminate asymmetry, reduce corruption and help the social receptiveness of decisions is required.

National Sanitation Information Service (Brazil). National Information Systems, Chile.

Transparency and Accountability

Create mechanisms for transparency and accountability of the accounts of States and Service Providers

• FANCA runs a Transparency and Accountability Project in the drinking water and sanitation sector in Central America, which identifies legal tools for transparency and accountability and best practices of community water systems in the field.

Integrated visión

Laws and policies should reflect a vision of integrated water resources.

• In Costa Rica the principles of the National Water Policy, approved by Executive Decree 30480-MINAE, state that water resource management should be integrated, decentralized and participatory, based on the watershed as a planning unit (Principle 7) . A National Policy and Plan for Integrated Water Resource Management also exists.

Political will at the highest level. Those responsible for water and sanitation policies should join forces with those responsible for national development, public health, economic and environmental policies.

• The National Development Plan Act of Colombia for 2007-2010 established the Water Department Strategy Plan (PDA) as the national policy for the water and sanitation sector with the following criteria: (i) a fund with resources from all parties, (ii) effective institutional coordination, (iii)


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efficient provision of services in rural and urban areas (public, private or mixed), (iv) solidarity, sustainability, economic efficiency and sufficient financial resources (v) efficient and transparent management of resources (vi) consensus and comprehensive project prioritization.

• Act 1176 of Colombia created an

exclusive fund for water and sanitation and allocates 5.4% of the General Participation System (SGP), funds that the central government transfers to local governments. This policy has been ratified and extended to rural areas in the new National Development Plan 2011-2014.


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6. CONCLUSIONS AND RECOMMENDATIONS

A) The recognition of the human right to water and sanitation is a major challenge for countries in the LAC region. Nevertheless, is also represents an opportunity to give universal access to safe water and sanitation the necessary political priority in the different countries of the region.

Transparency and accountability are essential tools to ensure the large investments required to improve the coverage and quality of services are met and their goal to cover the poor are is achieved. Resources must be used efficiently, in solidarity and in accordance with technical, economic and environmental criteria.

Implementing the right to water and sanitation in national laws is an important step, as it incorporates more accurate indicators and exerts higher levels of pressure on governments to meet the MDGs with universal access and international commitments. It also provides tools for communities and civil society organizations to enforce those rights through the established channels at the national level. However, recognition and integration into national legislation are not the solution to the problem.

B) There is no single solution for all of this and it is important to recognize the economic, environmental and social benefits (when appropriate) that networking and decentralized systems have brought which have operated in the region for many years.

Each country should take the necessary steps to adopt public policy measures, budgets, legal instruments, economic instruments and action plans required to implement the human right at the national level and achieve the universalization of services.

C) Good water governance is a necessary step to enforce the human right

and the goal of universalization. For this, the integrated management of water resources, public participation and the prioritization of the sector must become the very cornerstones of institutional arrangements, economic instruments and political and legal instruments. Also, the efficiency and use of modern technologies should be promoted, and all the solutions and appropriate models as well as a reliable National Information System should be encouraged.

D) Having a legal, policy and institutional framework for water sector and sanitation offers better conditions for the sector, but the right conditions must be in place for the framework to be implemented. The existence of a regulatory system, since we are talking about public services, with independence and financial autonomy, represents two pillars to any solution. The existence of


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long-term plans at the levels required to ensure the correct way to achieve universalization is fundamental. The development of executive projects is essential to avoid distribution of resources as handouts. Public policy should consider all available sustainable solutions with already existing models in the Americas and abroad.

E) Ensuring financial resources according to demand and the mechanisms of attracting funds, whether local, public, private and advocacy organizations.

7. REFERENCES

ABDIB. Position Paper of the Priority Theme for the 6th World Water Forum “Guarantee access to water and integrated sanitation services and the Right to Water and Sanitation for all” Study prepared with the participation of Institutions, Companies, Academia and NGOs of the Water and Sanitation Sector in the Americas. São Paulo, Brazil, December 2011

BID-ONU-HABITAT. “Acceso al agua y al saneamiento para todos y el derecho al agua y saneamiento en la región de América. Documento sobre políticas”. Noviembre de 2011.

CAF 2012. “Agua potable y saneamiento para América Latina: Metas Realistas y Soluciones Sostenibles” Propuestas para el 6to Foro Mundial del Agua. Enero 2012.

CELADE. (2009). Demographic Bulletin. Santiago, Chile: ECLAC.

CAF 2011.” La Infraestructura en el Desarrollo Integral de América Latina 2011. Diagnóstico estratégico y propuestas para una agenda prioritaria. Agua Potable y Saneamiento”. Elaborated by Abel Mejía and Jorge Raís for the XXI Cumbre Iberoamericana, Paraguay 2011., octubre 2011.

VI Foro Mundial del Agua. GRUPO TEMÁTICO DE AGUA POTABLE Y SANEAMIENTO. “Derecho Humano Al Agua y al Saneamiento”. Meta Uno. Enero 2012.

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