A/HRC/15/55*
expert recalls, however, that the ultimate obligation to respect, protect and fulfil human
rights lies with the Government, and that it cannot delegate this obligation.
48.
Bangladesh has set itself ambitious goals beyond the targets of the Millennium
Development Goals to reach universal access to safe drinking water by 2011 and universal
access to improved sanitation by 2013. There is considerable political will in Bangladesh to
achieve these targets, and much attention has been devoted to the water and sanitation
sectors. The National Water Policy (1998) and the National Sanitation Strategy (2005)
recognize water and sanitation as human rights. Bangladesh recognized that water and
sanitation are human rights at the regional level when it signed the Delhi Declaration of the
third South Asian Conference on Sanitation.
49.
Numerous other national policies are also directly related to water and/or sanitation,
such as the Policy for Safe Water Supply and Sanitation (1998), the Water Management
Plan (2004) and the Policy for Arsenic Mitigation (2004), as well as the Sector
Development Framework (2004), the Pro-Poor Strategy for Water and Sanitation Sector
(2005) and the poverty reduction strategy paper (2009). While the policies in place in
Bangladesh emphasize the participation of water and sanitation users in policy design,
implementation and monitoring, reportedly, consultation with these groups is not always
carried out.
50.
The draft water act currently under consideration in Bangladesh does not explicitly
recognize water or sanitation as human rights, despite the State’s frequent international,
regional and domestic commitments in this regard. The current draft, dated December 2008,
has reportedly not been the subject of wide consultations, and would require such inputs
before its adoption. Key elements that especially need to be addressed include the
integration of a human rights perspective concerning safe drinking water, including a
special focus on the most marginalized and excluded groups and setting a framework for an
unambiguous pricing policy that aims for sustainable cost recovery while ensuring access
for the most vulnerable.
51.
Independent and effective regulation of the water supply and sanitation does not
currently exist in Bangladesh, and is urgently needed to ensure compliance with the
numerous laws and policies in place. Without several institutional and operational reforms,
however, regulation will be ineffective. There is a need for better harmonization of work
among the different ministries and water supply and sewerage authorities, as well as inside
the departments of the Ministry of Local Government, Rural Development and
Cooperatives. The clear definition of responsibilities is crucial for ensuring accountability.
The independent expert notes an overall lack of monitoring and accountability, confirmed
by numerous reports,22 to ensure that access is continually improving for everyone.
Standardized reporting processes are a key factor in this regard, as is the establishment of
performance indicators to monitor utility performance. Corruption continues to plague the
sector. Working towards the establishment of a regulatory framework, with the necessary
independence and resources, would help ensure better accountability.
52.
The independent expert met with representatives of the Ministry of Finance and
learned that water and sanitation are not the subject of a separate budget line, but spread
over the budgets of different institutions. She notes that water continues to receive more
financing than sanitation, while both are equally important. The lack of clear information
22
GE.10-15451
See for example UNICEF, situation assessment and analysis of childrens and women in Bangladesh,
p. 165; Mohammed Nazmul Huq et al., Assessment of ADP for Utilisation of National Sanitation
Programme, July 2007, p. 38; World Bank, “To the MDGs and beyond: accountability and
institutional innovation in Bangladesh”, 2007.
13
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