1. Creating Policies and a Legal Framework 1 Dörte Peters, seecon international gmbh

2. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info Copy it, adapt it, use it – but acknowledge the source! Copyright Included in the SSWM Toolbox are materials from various organisations and sources. Those materials are open source. Following the open- source concept for capacity building and non-profit use, copying and adapting is allowed provided proper acknowledgement of the source is made (see below). The publication of these materials in the SSWM Toolbox does not alter any existing copyrights. Material published in the SSWM Toolbox for the first time follows the same open-source concept, with all rights remaining with the original authors or producing organisations. To view an official copy of the the Creative Commons Attribution Works 3.0 Unported License we build upon, visit http://creativecommons.org/licenses/by/3.0. This agreement officially states that: http://creativecommons.org/licenses/by/3.0 You are free to: Share - to copy, distribute and transmit this document Remix - to adapt this document. We would appreciate receiving a copy of any changes that you have made to improve this document. Under the following conditions: Attribution: You must always give the original authors or publishing agencies credit for the document or picture you are using. Disclaimer The contents of the SSWM Toolbox reflect the opinions of the respective authors and not necessarily the official opinion of the funding or supporting partner organisations. Depending on the initial situations and respective local circumstances, there is no guarantee that single measures described in the toolbox will make the local water and sanitation system more sustainable. The main aim of the SSWM Toolbox is to be a reference tool to provide ideas for improving the local water and sanitation situation in a sustainable manner. Results depend largely on the respective situation and the implementation and combination of the measures described. An in-depth analysis of respective advantages and disadvantages and the suitability of the measure is necessary in every single case. We do not assume any responsibility for and make no warranty with respect to the results that may be obtained from the use of the information provided. Copyright & Disclaimer

3. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 3 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

4. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 4 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 1. Policies and Legal Framework 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)

5. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 5 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 1. Policies and Legal Framework Source: http://www.wssinfo.org/essentials/tour2.html

6. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 1. Policies and Legal Framework 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)

7. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 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. Source: http://de.wikipedia.org/w /index.php?title=Datei:Fla g_of_Bogot%C3%A1.svg&fil etimestamp=201008121810 45

8. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 8 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).

9. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 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

10. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 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/

11. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 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

12. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 12 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

13. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 13 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

14. Creating Policies and a Legal Framework Find this presentation and more on: www.sswm.info.www.sswm.info 14 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_fac es_of_sanitation_subsidies.pdf [Accessed 21.09.2010] http://www.wsscc.org/fileadmin/files/pdf/publication/Public_Funding_for_Sanitation_the_many_fac es_of_sanitation_subsidies.pdf

15. Creating Policies and a Legal Framework 15 “Linking up Sustainable Sanitation, Water Management & Agriculture” SSWM is an initiative supported by: Compiled by: