Problems in implementation of right to water in Bangladesh
Asma Begum
Lecturer of Law Department
BGC Trust University, Bangladesh
Water is universally treated as essential right to human condition. Because, this right is intrinsically linked to other fundamental human rights. As such, right to water is a right to the enjoyment of a variety of facilities and conditions that are inevitable for proper existence of human being. Therefore, the Bangladesh govt. must guarantee a satisfactory supply of water as a right for sustaining human existence. For this purpose, the govt. though adopted various initiatives; they are not free from various difficulties which are crucial to be solved by it in strong hand to ensure the development of human rights.
The write up is an attempt to examine the present condition of lacunas in different policy, strategy and enactments regarding water and the consequence thereof and to find out the solutions of these problems.
Problems in existing law to ensure right to water in Bangladesh:
Though the Bangladesh govt. has taken different measures for water management and water supply, they are full of various problems as a result of which different effects have been found to be occurred in Bangladesh. The lacunas contained in policy, strategy, legislation and consequences arising there from are depicted below:
There is no specific provision of right to water in Bangladesh constitution However, article 15 states that it shall be a fundamental responsibility of the state to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens a) the provision of the basic necessities of life including food, clothing, shelter, education and medical care.Broad interpretation of basic necessities of life may include water. But the provision is included in fundamental principles of state policy and as such is not judicially enforceable. The GOB National Policy for Safe Water Supply and Sanitation, 1998 has divided water supply policy broadly for rural and urban areas. The rural water policy highlights that communities shall be the focus for all water supply activities. For this purpose, the local govt. is under obligation of planning, implementation and maintenance of rural water supply projects by this policy. But, in practice, it is the Department of Public Health Engineering who implements most of the water projects. Consequently, although communities have been made focus on water policy, in practice consultation with communities take place as optional and not regularly. Besides, the policy has considered water as an economic good and has prescribed community ownership of water machines like hand, shallow and deep tube wells. Here, there is a contradiction in the policy . The policy matrix no. 10 of the GOB poverty reduction strategy deals with water resource development, and management. The strategic goals in this sector are: expand utilization of surface water, rationalize utilization of ground water, protect flood, improve drainage and reduce vulnerability, enhance access of the poor to water and common property resources, augment surface water retention, protect wetlands including the sundarbans, institutional development of water sector agencies and control erosion of major rivers to protect large and small towns. The matrix has elaborated actions taken and planned but is silent about water as a right. One of two responsibilities regarding water management and water supply of a Zila parishad under the Zila Parishad Act, 2000 is optional responsibility which can be performed by it on the instruction of the govt. Optional activities of the Zila parishad covered by 1st schedule of this Act have been divided into seven categories of which public works is one category including four tasks of which the second one is to ensure water supply, drainage, preservation of surface water reservoirs and preservation of rain water. But Zila parishad is under no legal obligation to perform its optional activities for fulfilling people’s right to get water. According to section 73(2) of Paurashava ordinance 1977, a Paurashava may and if required by the prescribed authority shall, in the prescribed manner, frame and execute a water supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary. Sub-section-3 states that where a piped water supply is provided, the Paurashava may supply water to private and public premises in such manner and on payment of such charges as the bylaws may provide.
In the above provision, it is seen that a) Paurashava do not need to consult with local communities in developing water supply schemes which is against right based approach. b) Supply piped water on commercial basis and imposed charge for that indicates water an economic good. But, it is a social good as well.But, price of supplying piped water by Paurashavas can be decided commercially but in consultation with communities based on their needs, capacities and consensus.
Besides, to undertake water supply projects by Paurashava with permission of department of public health engineering (DPHE) is another problem to meet demand for water supply from communities.
Under section 16(9) of the Gram Sarkar Act, 2003, to assist relevant authorities in implementing programmes for ensuring supply of pure drinking water and sanitation by Gram Sarkar indicates another weakness. Because there is no option of Gram Sarkar to take initiative on its own for ensuring supply of drinking. Besides, dependant on other local govt. bodies like union council or a government department of public health engineering to repair a tubewell or to build up a reservoir for preserving rain water by Gram Sarkar indicates another weakness. In addition to abovementioned laws, there are some other enactments such as Water supply and Sewerage authority Act, 1996, The Embankment and Drainage Act, 1952 and the Ground Water Management Ordinance, 1985 of which proper implementation cannot be ensured by govt. till now.
Owing to the above policy , strategy and legislation not being right based approach and Bangladesh Govt’s failure to adopt water safety plan on the recommendation of WHO to implement the principles as to right to water included in general comment no. 15 of ICESCR ,the following consequences has been raised:
Lack of good quality of water is another problem in Bangladesh. Water borne diseases like diarrhoea, dysentery, cholera etc. still constitute major health burden in Bangladesh. The health injury reports on children in 2005 reveals that 36,000 children under 5 years die in every year from diarrhoea. BBS and UNICEF has estimated that children under 5 suffer from 3-5 episodes of diarrhoea each year each of which lasts for 2-3 days and sometimes more than two weeks. Water scarcity is another problem in Bangladesh. Because WASA has a capacity to supply 1.27 billion liters per day against a demand of 1.60 billion litres of residents in the capital. Afterwards, the extent of water supply is not enough to cover drinking water of all people in Dhaka in Bangladesh. Because every human being needs at least 20 litres of clean water a day according to international demand. Bangladesh is facing the problem of arsenic poisoning in drinking water which causes degenerative heath problems and eventually liver failure leading to death. A report shows that between 77 and 95 million people are affected, including approximately 35 million children, in 61 out of 64 districts of Bangladesh. So, it is a complex problem.
Recommendations:
Despite the Bangladesh govt. having a constitutional and international legal obligation to ensure that all its citizens have access to safe drinking water; the present scenario indicates that the govt. failed to do so. However, to overcome the constraints, the govt. should observe the following recommendations:
Despite right to water not being judicially enforceable there is a strong constitutional commitment of the govt. to the welfare of Bangladesh people. The preamble of Bangladesh constitution states, “we the people of Bangladesh having solemnly resolved ….to secure to all its justice social, economic and political assuring the dignity of the individual ….” The constitution guarantees protection for a wide spectrum of human needs encompassing social, economic and political rights. So, the govt. should observe such commitment for supplying safe drinking water. Besides, to ensure right to water, like India, the govt. can amend the constitution for including a provision whereby the fundamental principles of state policy and fundamental rights will be treated as supplement and complement each other. As a result, the fundamental rights will not be an end in themselves but will be the means to an end, the end being specified in part II of our constitution. The constitutional activists should take public interest litigation before the HCD under in case of govt’s failure to ensure it. Because, water is essential to sustain life. That is, the other name of water is life. In the context, the HCD by interpretation of right to life enshrined in article 32 can order the govt. to ensure right to water. The govt. should ensure effective enforcement of existing policy, strategy and legislation. The govt. must increase the role of the local government for developing water supply schemes and projects. The govt. should enact appropriate legislation by observing the provisions included in ICESER whereby a satisfactory (adequate, safe and accessible) water supply must be available to all. Because, improving access to safe drinking water can result in tangible benefits of health. The govt. should increase investment for ensuring safe drinking water. Along with it, a comprehensive policy to evaluate the outcome of investment in water sector should be adopted. What measures (such as a national survey, testing tubewells and so on) are required for sustainable arsenic mitigation in drinking water according to the existing situation should be instantly adopted by the Bangladesh govt. Top level coordination and research must be encouraged to understand the whole problem. The govt. should take action to raise people’s awareness and vigilance about arsenic contamination of ground water and water related diseases.
On the above discussion, it can be said that water problem is a national problem today. So, taking massive actions against this problem are a must to sustain human existence. Therefore, it is expected that for the public interest the Bangladesh govt. should comply with above stated suggestions to ensure safe drinking water.
By: Asma Begum
Problems in implementation of right to water in Bangladesh
The Gay Rights Movement in History
Free will is an instinctive part of human nature; every person desires to live their life on their own terms. Regardless to where people live in the world the quest for freedom, love and recognition are strong motivators of behavior along with the pursuit of the necessities of life and power.
It is obvious that life is a dichotomy; much like a chess game there are two sides in play and it is no different within the gay rights movement. While all people desire to have freedom and a certain amount of control over what happens in their life, there are individuals with the desire to control the way people live.
It is not realistic to presume that everyone is the same; individuals with the “live and let live” attitude may find it difficult to understand why others do not share this perspective. But the reality of society today shows us that part of our existence requires accepting the fact that there are individuals who feel it is their duty to impose certain standards for the benefit of society.
The real question in the gay rights movement is: how is it possible to peacefully coexist with individuals who are afraid of homosexuals?
Understanding that the gay rights movement is linked to our inherent free will and the battle for control of it can help calm the emotional response. Historically human sexuality has been one part of our lives filled with much superstition and fear. The power of sexuality is undeniable; it is through this aspect of our existence that the human race is perpetuated and many people feel for this reason alone, our sexual behavior must be controlled.
The first reference used to justify many of the acts that have been imposed upon homosexuals is religious in nature. In the early days of organized society religion was used as the cornerstone for sexual behavior. The Mosaic Law was used to organize many of the basic precepts in our society that in turn were translated into the civil and criminal code of governments.
The biblical references to homosexuality have been held up as a banner to justify much of the sexual oppression that has been levied upon individuals who proclaim their sexual preference for the same sex. Many organized religious groups clung to a subconscious fear for the extinction of the human race as their justification for some of the most extremist acts against homosexuals in history.
Although we are now in the 21st century, with thousands of advancements that helped society to evolve to its present state, there are still individuals whose attitudes are prehistoric when it comes to accepting that love knows no gender.
The rise in the choice of homosexuality in the 20th century has given many proponents evidence to refute and dispel many of the myths and superstitions regarding relationships between people of the same sex. The gay rights movement has established the fact that that a person’s sexual preference is a private concern and should no more be used to discriminate against an individual than age, gender, creed, nationality or race.
In many people’s view it would be Utopia if the choices people make for the way they live and who they love would be accepted. The reality of the gay rights movement today shows that progress has been made as the prevalence of same-sex unions has been revealed. Living in fear with the need to control that was the order of the day is being replaced by empathy and deeper understanding. It’s becoming clear to many that supporting the gay rights movement is essential to safeguarding all human rights as well.
By: Suneva S
Human Rights Situation in Nigeria in the Eye of the International Community
That the International community considers human rights situation frightening in Nigeria even in the face of democracy currently being enjoyed in the nation is not surprising after all at least to key observers. If for anything, the Nigerian government has failed to put certain factors right so that its citizens can enjoy certain natural priorities and necessities of life available to mankind.
It is as a result of this development that amnesty international still scores the nation very low in this regard and believes that it may certainly take time before an improvement is recorded in the nation as far as human rights in Nigeria is concerned and only a very sincere leaders will bring about this. Criminal justice system in Nigeria is indeed nothing to write home about in Nigeria and this has taken a negative toll on the nation’s perceived promotion of human rights, and as they say only he who wears the shoes feels the pain, so we Nigerians know better.
Human rights is one area that I have always wanted to write about, maybe not to crave in the indulgence of the Nigerian government but to let the whole world know just how it is and what should be done for the simple reason that the Nigerian government know better than I do, after all, in any nation the government of that country is the most briefed and the case of Nigeria is not an exception.
I begin this write-up by establishing that as some of the most brilliant people ever made by God, Nigerians know their rights but have not enhanced it because there is no money, the people are extremely too poor to do this, so the government take advantage of this, the wealthy therefore assert their dominance over the poor thus extending the gap between the rich and the poor in the country. The Agencies of the government are the tools used to actualize this. Like the Bible puts it “money answereth all things.” Without money what can the righteous people of Nigeria do but watch and pray that they may not fall into temptation, and when temptation comes they nothing but plead their guiltless course, such is the way of life of Nigerians.
The Legal Aids Council in Nigeria at present is having about 91 lawyers in Nigeria and one is left to wonder how 91 free lawyers can serve about 150 million impoverished people of Nigeria including even our politicians who also love free things. I therefore conclude that Legal Aids Council does not exist in Nigeria, and since this happens a suspect simply walks his way into the prisons where he either gets sentenced or awaits trial. People cannot represent themselves in courts so they sometimes plead guilty to avoid money “wahala” as we put here.
This writer will not go into the area of people abuse of people’s rights in the country because it is a very long story. Police in Nigeria still extract confessional statements from suspects even in local and state police stations in the country according to transparency international. Need we state that this use of this very method is known to all no matter how we want to pretend about it? The difference is just that no one is visibly willing to delve into this area for the fear of incurring the wrath of the police. Bail in Nigeria is supposed to be free but the police still collect money before suspects are released and our government does nothing about it while this undermines the fundamental human rights of Nigerians, as pointed out earlier in this work, Nigerians have learnt to accept this as their fate because the resources to pursue the usual rigorous litigations in the Nigerian courts of law are lacking. The police station should have a place people freely walk in to acquire or give free information but in my country Nigeria, the fear of police stations is the beginning of wisdom.
The Bill in National Assembly on detention has been lying idle since 2006, with no one laying emphasis on it simply because it concerns the welfare of mostly the ordinary masses of the country. It is for this reason that I commend the efforts of the Lagos State Government which has decreed that anywhere in Lagos where the police are taking statements from suspects, camera must be present, and maybe in the presence of suspects lawyers too. This will no doubt reduce drastically the any fowl play on the part of the police and give individuals confidence in the police.
Again, our police stations must be computerized so that the challenges of the future as well as the present can be met with, files in police stations should be electronically documents and this must also be extended to our law courts to avoid the a “certain Mr. James Onanefe Ibori” saga where another court had to seat up to the highest level to determine who was convicted by same court with legal operational business in the country, which to me is a very funny development. Recently, the Economic and financial Crimes Commission reportedly announced that the files of Ex-governors standing trials were missing, only electronic propelled files can avoid this.
Corruption is one area Nigerians have not fared well either, corruption in Nigeria is systemic and Transparency methodology is clearly incapable of perceiving Nigeria according to Rev Iloh as reported in the Vanguard, 14 October 2008. Corruption bites hard in Nigeria. Religion has not helped Nigeria as millions troupe to churches and mosques yet transformations elude the country.
Obasanjo, the former president of the country invented the Economic and Financial Crimes Commission (EFCC) an idea which for the first time created the fear of looting the nation’s treasury for the first time but we did not see the Commission function up to the average as jail sentences handed down to convicts were rather amusing and senseless. A big fish who stole the nation’s money in billions only end up serving between two and three months jail sentence while a frustrated unemployed youth who snatches a 3310 nokia phone goes in to serve three years imprisonment usually after spending more than 2 years in detention perhaps with his file missing.
The news of people in high places in Nigeria who steal in billions and are never convicted at all but faced with unending trials often encourage the youth to work hard and steal some monies too in dollars go to jail return and enjoy these monies. What kind of societies is our government building?
Prison conditions in Nigeria is not different as people waiting to be executed stay in detention for between 7-9 years according to Transparency International, again need we deny this fact? Several cases will establish this fact to the extent that one of your friends or relatives may have been a victim now or in the past. Prisons should be rehabilitation centers and not punishment rooms where correctional forms of reforms should be carried out. This was at its height in decades of military rule in Nigeria where the regimes had hoped to teach civilians as well as khaki men hard lessons.
Interestingly many of the once victims of this ugly developments when freed and returned to fruitful positions especially in this present democratic dispensation forgot their ugly experiences to the neglect of the bad prison conditions and continued life as usual, unmindful of Ibusa people in Delta State of the country’s adage that “the broom used in sweeping out the first wife is waiting for the second wife.” A situation which connotes our prisons as places where criminals visit and return to become harder and even more dangerous to the communities must be avoided.
The Nigerian government should do something today to make the Nigerian society more meaningful and useful to the international community. Nigerians certainly are not the worst rogues as characterized by the outside world, however only a good promotion of the social development of the society will return to the lost glory to the nation and greatly advance our society.
By: Emeka Esogbue