A/68/264
successful regulation depends not only on standard-setting, but also on strong
independent regulators. Currently, most agencies are underfunded and poorly
trained, which demonstrates an urgent need for improvement. Regulators need to
have the capacity, in terms of human resources, skills, funding and independence
from interference, to monitor whether regulations are being complied with, carry out
on-site inspections, and impose fines and penalties in the case of breaches.
3.
Making institutions work in the public interest
53. Water and wastewater management is often entrusted to large and powerful
“hydrocracies” 38 that are trained for, and have vested interests in, large
infrastructure. Many administrations and funding agencies favour sewer networks
and sewage treatment plants over more decentralized systems. Such preferences
should be contrasted with the institutional framework for faecal sludge
management: often there are no clear institutional responsibilities for wastewater
management beyond sewerage networks. 39 This gap is exacerbated in informal
settlements that lack legal land tenure, which, where sanitation facilities exist at all,
tend to be served largely by septic tanks and pit latrines. Municipalities often
deliberately avoid providing formal services in those areas because they fear
legitimizing informal settlements. Legislative frameworks must assign institutional
responsibilities for wastewater and, more specifically, faecal sludge management.
The challenges in informal settlements are among the most urgent. As a short-term
solution, non-governmental organizations have acted as intermediaries between
municipalities and users to allow people to gain access to services before a more
long-term solution is found.
54. In other instances, the institutional frameworks exist and assign
responsibilities to municipalities, but they lack endowment with financial, technical
and human resources. As such, delegation results in dispersal of effort and inaction.
Therefore, institutional decentralization must be accompanied by necessary budgets
and capacity. States must ensure that local authorities have the necessary financial,
human and other resources to discharge their duties effectively. More broadly,
institutional development and capacity-building are essential to ensure that laws and
policies can be implemented and enforced.
55. Corruption is a significant challenge, whether in the context of large
investments and contracts that are prone to benefit-reaping corrupt behaviour or in
the context of small-scale entrepreneurs, for instance those emptying pits and tanks,
where bribes have sometimes become commonplace. It is estimated that curbing
corruption could lower investment requirements by 20-70 per cent. 40 Widespread
corruption raises the question as to whether States are spending their maximum
available resources on realizing human rights and using resources efficiently.
Moreover, concerns arise about the affordability of services. Carefully designed
subsidy schemes might lose their meaning when people have to pay additional
bribes to gain access. The human rights framework contributes to preventing and
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38
39
40
13-41825
F. Molle, P. P. Mollinga and P. Webster, “Hydraulic bureaucracies and the hydraulic mission:
flows of water, flows of power”, pp. 328-349, Water Alternatives, 2 (2009) 3.
A. Zimmer, “Everyday governance of the waste waterscapes. A Foucauldian analysis in Delhi’s
informal settlements”, pp. 194 and 195 (Bonn, Universitäts-und Landesbibliothek, 2012).
United Nations World Water Development Report (third edition), p. 70 (Paris, 2009).
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