IMPROVING SAFE DRINKING WATER SERVICE DELIVERY BY STRENGTHENING THE AMENDED LOCAL GOVERNMENT’s ORDINANCE, 2005

The Constitution of Pakistan guarantees “right to life” to all Pakistani citizens under Section 6.  Water is fundamental for human survival which is universally recognized as a basic human right (stated in Article 25(1), Universal Declaration of Human Rights).

Ensuring universal access to safe drinking water as an essential part of right to life is one of the most important functions of Governments, who take the prime responsibility of providing safe drinking water to their citizens. The situation in Pakistan is, however, much below the accepted limits; whereas the Government of Pakistan realizes that safe drinking water is imperative for human health, and its provision is a mandate which the Government should fulfill, the actual practice is not in line with this thinking.  A case in point is lack of a comprehensive legislation for supply of safe drinking water.

The essential and scarce water resource has to be treated as a public good which implies that management of water resources and supply must be a government responsibility so that public interest can be served. Therefore Government’s involvement should concentrate on strategic planning of water resources development in line with future demand and through effective regulations. Public awareness of water rights, regulations and economic instruments are important to ensure understanding and acceptance of all stakeholders.

Unlike other public utilities like power, gas, telephonic services has lead to the revelation that whereas all these sectors are regulated and have legislation in place, the drinking water is left at the mercy of service providers.  In the process of privatization of utilities the interest of the consumer was kept in mind to some extent, no such relief for the consumers is foreseeable in case of water.

Legislations in sectors of service delivery like the Local Government’s Ordinance, are meant to regulate these sectors for efficient operation; they also serve the purpose of protecting peoples’ rights.  This makes it all the more important that this important utility is governed by uniform policies by the government and legislation is in place to protect peoples’ right to safe water. Such protection is very important for important public utilities.  Public health importance of safe water makes it even more important that legislation is in place to protect human health through ensuring provision of safe drinking water.  However, as is evident  from experience in many countries that the adoption of adequate water laws and regulations is a sensitive and time-consuming task.

The spirit of the Local Government Ordinance 2001 is to improve services for the consumers falling in the ambit of local bodies, by holding the local governments responsible for service delivery in their respective constituencies – supply of safe drinking water is one of these.  However the matter has not been dealt with at length in the Ordinance and this loosely placed responsibility has failed to gain due importance for the local bodies.  It is all the more important because supplying safe drinking water is not the only function that the local governments are performing, and further clarifications are required in the sections pertaining to supply of safe drinking water for the consumers, under the Local Government’s Ordinance.

It is suggested that the following points may be taken into account in the process of making the Local Government’s Ordinance, 2001 more effective and elaborate on the subject of safe drinking water and also ensure supply of this important public health utility in the best possible manner.

Proposed Changes in the amended Local Government Ordinance 2005

Local Government shall be responsible to provide safe drinking water to the population within their electoral boundaries.

Delineation of drinking and wholesome water

• The existing section 94 in the VI^th Schedule may be retained for supply of wholesome water to the consumers.  However it is insufficient in the sense that it does not deal with drinking water exclusively.
• The meaning of the word “wholesome” in Schedule VI article 94, according to Oxford Dictionary is …………………………………………..This is evasive enough to relieve the relevant local government of the responsibility of providing safe ,fit for human consumption drinking water to consumers. The word be changed with safe drinking water. Hence the Schedule VI article 94 Sub clause (1) would read as the concerned local government shall provide or cause to provide to its local area a supply of safe drinking water sufficient fro public and private purposes.

• A sub-section pertaining to drinking water can be added to delineate water for ordinary purposes from that meant for drinking purposes

Health Departments’ involvement

• Mechanism for involvement of the health officials, like EDO health or Tehsil health committees in the subject of provision of safe drinking water to the consumers

• Responsibility of the Local Health Department to inform the water service provider of the number of cases of water-related diseases on a fortnightly basis

• Informing the water service provider of any emergency situation involving water related illnesses so that problem identification and rectification can be initiated to prevent further morbidity and mortality

As for the quality

• Wherever the word water appears and it is meant for human consumption it will mean

Water in accordance with the standard No.PS-1932: 2002, (In place of wholesome)

issued from time to time by Pakistan Standards and Quality control authority (PSQCA), Ministry  of Science and Technology.

• The drinking water provider – public or private- shall ensure complete water analysis and quality control in such a way that the water conforms toPakistan Standards and Quality Control Authority ( PSQCA )standards.

• The provider – public or private- shall arrange to issue a consumer confidence report………………………………….. at least every six months through the media and other possible communication tools. This report will mention the precautions being taken to   ensure a safe drinking water supply, the test reports and any measures the consumer should take in case of an unmanageable quality problem.

• The provider shall also issue a monthly report showing the quantity of water being Supplied to various localities of the area covered.

• Drinking water will be completely tested in a Laboratory of repute like Pakistan Council for Research in Water Resources (PCRWR),National Institute Health(NIH), Medical College, University, other than the provider at least once a year, as third  Party surveillance.
• Third party (CBOs, NGOs, Consumer Groups, Researchers, Village Councils / Neighborhood Councils) surveillance for water quality to be encouraged.

As for monitoring

• Monitoring of water supply  management through water committees, comprising of six citizens representing various classes, at UC level .

Water charges …………………………………………………………………………………………?