Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Manohara Khadka, Vishnu Prasad Pandey, Govind Shrestha, Karmath Subedi, Sushil Kumar Karki and Alok Rajouria International Water Management Institute (IWMI) Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Manohara Khadka, Vishnu Prasad Pandey, Govind Shrestha, Karmath Subedi, Sushil Kumar Karki and Alok Rajouria iv iii The authors Manohara Khadka, Country Representative – Nepal, International Water Management Institute (IWMI), Kathmandu, Nepal. Vishnu Prasad Pandey, Professor, Institute of Engineering, Tribhuvan University, Kathmandu, Nepal. Researcher - Water Resources, IWMI, Kathmandu, Nepal. Govind Shrestha, Policy Adviser, WaterAid Nepal, Lalitpur, Nepal. Karmath Subedi, Water, Sanitation and Hygiene (WASH) Expert, Kathmandu, Nepal. Sushil Kumar Karki, Development Expert, Kathmandu, Nepal. Alok Rajouria, Freelance Consultant and Former Researcher - Social Science, IWMI, Kathmandu, Nepal. Khadka, M.; Pandey, V. P.; Shrestha, G.; Subedi, K.; Karki, S. K.; Rajouria, A. 2026. Water, sanitation and hygiene in Federal Nepal: strengthening local government actions and citizen rights. Colombo, Sri Lanka: International Water Management Institute (IWMI). 97p. doi: https://doi.org/10.5337/2024.231 / water, sanitation and hygiene / local government / human rights / water supply / policies / frameworks / gender equality / social inclusion / jurisdiction / constitutional law / federalism / governance / public sector / accountability / regulations / decision making / Sustainable Development Goals / Goal 6 Clean water and sanitation / water resources / drinking water / monitoring and evaluation / learning / development plans / financing / budgets / stakeholders / institutions / water user associations / market access / rural areas / communities / households / socioeconomic aspects / marginalization / caste / ethnicity / toilets / hand hygiene / sludge / Nepal / ISBN 978-92-9090-970-5 Copyright © 2026, International Water Management Institute (IWMI). All rights reserved. IWMI encourages the use of its material provided that the organization is acknowledged and kept informed in all such instances. Front cover photograph: A woman washes her hand using the water collected from a rainwater harvesting system in Dailekh, Nepal (photo: Nabin Baral/IWMI). Please send inquiries and comments to IWMI-Publications@cgiar.org iv iii Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Acknowledgments The authors sincerely thank the elected officials and staff of local governments, communities, and water, sanitation and hygiene (WASH) service providers in the study areas who shared their knowledge and views with the researchers on the role of the state in providing affordable and safe WASH services. Their perspectives on the relationships between the state and the people under the new system of governance were central to this study. The authors are also grateful to the local enumerators and partners who helped the study team collect, arrange and process the preliminary field data. Collaborators International Water Management Institute (IWMI) WaterAid iv v iv v Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Contents Acronyms and Abbreviations.........................................................................................................................viii Summary ................................................................................................................................................... ix Introduction.................................................................................................................................................. 1 Context and Rationale....................................................................................................................................1 Study Objectives............................................................................................................................................2 Report Structure............................................................................................................................................2 Study Framework, Materials, and Methods....................................................................................................... 2 Study Framework...........................................................................................................................................2 Human Rights and Transformative Approaches to WASH in Nepal.........................................................................2 Study Area .................................................................................................................................................. 4 Data and Sources...........................................................................................................................................7 Global and National WASH Policy Frameworks.................................................................................................. 7 Global Policy Frameworks: WASH Rights...........................................................................................................7 Constitutional Provisions for WASH: Toward Transformational Change.................................................................. 8 Major Governance Changes and Implications for WASH Services.......................................................................... 8 Federal Government Policy Frameworks for WASH.............................................................................................11 More Power and Responsibilities for WASH Services Devolved to Local Level................................................... 12 Federal WASH Policy Frameworks: Technical Perspectives Dominate.............................................................. 12 Summary: Federal WASH Policy Frameworks Have Limited Understanding of Gender Equity, Inclusion, and Governance Principles Frameworks................................................................................................................22 WASH Policy Frameworks of Subnational Governments..................................................................................... 24 Jurisdiction and Institutional Structures for WASH Service Delivery and Management under Federalism............... 25 Jurisdictions for WASH Among Three Levels of Government............................................................................... 25 Public Sector Institutional Structures Related to WASH Services in Federalism......................................................26 Coordination Mechanisms and Emerging Challenges......................................................................................... 27 Accountability and Regulation of WASH Services..............................................................................................29 WASH Sector Financing.................................................................................................................................29 Fiscal Power and Responsibility for Ensuring Natural Resource Benefits for Local Communities.........................29 Budget for WASH Sector Inequitable and Low.............................................................................................30 WASH Sector Planning, Monitoring, Evaluation, and Learning Under Federalism................................................... 31 Planning Process.................................................................................................................................... 31 Basis for Development Planning at Each Level of Government....................................................................... 32 Processes for Annual Planning of Local Governments .................................................................................. 32 Monitoring, Evaluation, and Learning........................................................................................................ 32 Status of WASH Services Delivery................................................................................................................... 34 Status of Water Supply................................................................................................................................. 34 vi vii Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Water Sources and Availability................................................................................................................. 34 Water Source Issues and Protection.......................................................................................................... 35 Water Quality......................................................................................................................................... 35 Water Access and Use............................................................................................................................. 37 Status of Sanitation and Hygiene.................................................................................................................... 38 Toilet Use.............................................................................................................................................. 39 Sludge Management................................................................................................................................ 39 Hygiene: Handwashing with Soap.............................................................................................................. 41 Access to WASH Services.............................................................................................................................. 42 Availability of WASH Services................................................................................................................... 42 Cost of WASH Services............................................................................................................................ 43 Responding to WASH Issues..................................................................................................................... 45 Inclusiveness in WASH Services...................................................................................................................... 47 WASH Stakeholders’ Understanding of Inclusiveness................................................................................... 47 Marginalized Groups: Access to WASH Services........................................................................................... 47 Initiatives for Making WASH Services Inclusive............................................................................................ 47 Inclusiveness of WASH Committees........................................................................................................... 47 People’s Participation During WASH Planning at the Local Level................................................................... 48 WASH in Local Budgeting and Programming..........................................................................................................48 Budget Allocation and Breakdown.............................................................................................................49 Perceptions of WASH Service Delivery............................................................................................................ 50 Rights and Responsibilities............................................................................................................................50 Awareness of Local Elected Representatives About Rights to WASH...............................................................50 People’s Awareness of Rights to WASH.......................................................................................................50 Understanding People’s Role in Improving WASH Services............................................................................ 51 Water Supply Responsibility.......................................................................................................................... 51 Challenges for Easy and Affordable WASH Services Access........................................................................... 52 Potential Solutions for Better WASH Services.............................................................................................. 54 Federalism and Local Governments................................................................................................................ 54 Changes Observed in Public Services......................................................................................................... 54 Satisfaction with Services.........................................................................................................................55 Emerging Opportunities and Challenges............................................................................................................... 55 Opportunities of Federalism in the WASH Sector.........................................................................................56 Challenges for Promoting Rights and Transformational Paths to WASH................................................................56 Conclusion and Recommendations................................................................................................................. 59 References ...................................................................................................................................................61 Annex 1. Criteria and Indicators for Ensuring Human Rights to WASH................................................................. 68 Annex 2. Criteria for Executing IEE and EIA in the Drinking Water Supply and Sanitation-related Projects............. 70 Annex 3. Main Source of Drinking Water...........................................................................................................71 vi vii Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Annex 4. Caste and Ethnicity Drinking Water and Sanitation Status................................................................... 73 Annex 5. Methods Used for Purifying Drinking Water........................................................................................ 75 Annex 6. Use of Toilets.................................................................................................................................. 76 Annex 7. Market Access of WASH Services....................................................................................................... 77 Annex 8. Managing WASH Issues.................................................................................................................... 78 Annex 9. Ten-step Planning Process in WASH Budgeting in Study Rural Municipalities.........................................80 Annex 10. Perceptions of Rights and Responsibilities........................................................................................81 Annex 11. Awareness of Local Governments on WASH Legal and Policy Frameworks ............................................ 83 Annex 12. Perceptions of the Role of Citizens in Improving WASH Services in the Community................................ 84 Annex 13. Perceptions of the Responsible Institution for Providing Water Supply................................................. 85 Annex 14. Satisfaction with the Service Received from the Local Government by Caste and Ethnic Groups............. 86 viii ix Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Acronyms and Abbreviations DCC District Coordination Committee DWSS Department of Water Supply and Sewerage FSM Fecal Sludge Management GESI Gender Equality and Social Inclusion HDI Human Development Index LGOA Local Government Operation Act, 2017 NPC National Planning Commission NWSC Nepal Water Supply Corporation ODF Open Defecation Free SME Small and Medium Enterprise WASH Water, Sanitation and Hygiene WASH-CC WASH - Coordination Committee WSMB Water Supply Management Board WSS Water Supply and Sanitation WUA Water Users Association WUSC Water Users and Sanitation Committee viii ix Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Summary Nepal’s new Constitution, promulgated in 2015 and the introduction of a federal system of governance—along with a commitment to the United Nations Sustainable Development Goals (SDGs), offer opportunities for bottom-up, participatory, inclusive, and just development of the country’s Water Supply, Sanitation and Hygiene (WASH) sector. How these contexts have enabled or hindered gender and socially inclusive WASH planning and decision-making at the local level is under- studied. This study aimed to generate evidence about the opportunities and challenges of translating human rights, and gender equality and social inclusion (GESI) approaches into sustainable, equitable, and inclusive WASH services in Federal Nepal. To do this, six dimensions of change in Nepal’s WASH sector under federalism were analyzed: i) policy frameworks; ii) sharing of state powers and functions; iii) actors, roles and financing; iv) WASH status and services; v) WASH coordination, monitoring, and data; and vi) GESI in WASH services and decision-making. A total of six rural municipalities from Madhesh Province, Bagmati Province (representing the Terai in the east, and central Nepal), Lumbini Province and Karnali Province (representing west Nepal) were selected as case study areas. Both quantitative and qualitative methods were used. Primary sources of data included: i) a perception survey on WASH service satisfaction among 486 households selected randomly from four wards of each rural municipality; and ii) key informant interviews with locally elected representatives, WASH service providers, water users groups (WUGs), and social leaders. Secondary sources of data included: i) key policy frameworks at both the federal and subnational levels formulated after the transition to federalism; ii) scientific literature on human rights, governance, and the equity and gender dimensions of WASH; iii) research reports and impact studies on WASH published by development partners; and iv) webinars and policy dialogues on WASH. The authors note that the constitutional guarantee to an equitable distribution of safe drinking water, sanitation and hygiene, the enabling policy environment, and devolved institutional dynamics established by the federal system, offer opportunities for integrating GESI perspectives and actions into WASH. There are strong possibilities for the coordination and collaboration between levels of state actors as well as non-state actors to harmonize WASH planning and implementation. However, multiple challenges remain. At the federal level, WASH policy frameworks have a varied understanding of GESI and inclusive governance principles. Some policies such as the National WASH policy 2023 and the draft WASH Sector Development Plan (SDP) 2024, have some GESI provisions, while the WASH legislation misses it. The draft WASH SDP is committed to addressing GESI issues of WASH services and decision-making at the grassroots level. Yet, it lacks perspectives and strategic measures to tackle institutional barriers and gendered unequal power relations within WASH governance that disempower women and marginalized groups to participate meaningfully in, and benefit from the WASH sector's programs and investment. Overall, the WASH policy frameworks reviewed, show limited understanding and actions toward tackling the root causes of exclusion, gender inequality and inequities in access to, and control over water resources, decision-making, and benefits from water supply and sanitation services. Although roles and responsibilities for WASH have been devolved, WASH related policies and plans are yet to be developed within four out of the six rural municipalities studied. Moreover, collaboration between community WASH organizations and rural municipalities is limited. Institutional mechanisms for multi-actor dialogues, coordination, and cooperation are yet to develop. Annual budget allocations to the WASH sector have been persistently low. Likewise, rural municipalities lack targeted programs in dealing with water governance, gender, social inclusion, and strengthening institutional capacity to deliver inclusive WASH services. Technical approaches dominate WASH planning and service delivery, resulting in limited efforts to understand the socio- political complexities of water management, access and services. For the people in the study areas, access to a safe, piped water supply remains significantly low. This continues to place a heavy burden on women, who are primarily responsible for fetching and collecting water for household use. Even in areas where water is accessible, it is not affordable to poor and marginalized people. Rural municipalities, however, have not prioritized the collection and use of data that highlights gender and socioeconomic factors related to WASH services during planning and budgeting. The WASH sector needs to make greater efforts to promote bottom-up, gender responsive, and socially inclusive WASH planning, financing and services to achieve SDG targets. Efforts are also required to strengthen the capacity of Water User Associations (WUAs) and Water User and Sanitation Committees (WUSCs) for the sustainable functioning of water supply systems and WASH practices. The sector needs to focus on building relationships between the government and the people by implementing new policies and enhancing the institutional capacity of local governments for conceptualizing and implementing rights-based, gender-and socially-inclusive approaches to the design, implementation, and monitoring of WASH policies, plans and programs. x 1 x 1 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Introduction Context and Rationale Studies from federated countries show that power relationships, roles and responsibilities among different layers of government, legal frameworks, and institutional arrangements can influence how water is managed and used when a country’s governance system changes (Coelho et al. 2012; De Stefano and Garrick 2018). After two decades of political instability, highly centralized development practices, and slow growth resulting from a decade of armed conflict (1996– 2006), Nepal moved from a unitary system to a three-tiered federal system of governance following the promulgation of the new Constitution on September 20, 2015, and subsequent elections for local, provincial and federal governments in 2017. The federal arrangement has 761 governments at three levels (one federal, seven provincial, and 753 local). Each government has exclusive and concurrent rights regarding water supply, sanitation, and hygiene (WASH) services management, as provisioned in the Constitution. Powers, responsibilities, and roles are shared among all levels of government for WASH-related policymaking, planning and budgeting, service delivery, monitoring and evaluation. Of the 753 local governments (locally referred to as palikas), six are metropolitan cities, 11 are sub-metropolitan cities, 276 are municipalities, and 460 are rural municipalities. Nepal’s federalism aims to transform the country through three dimensions: i) promote social and regional diversity; ii) inclusive and equitable development with a greater focus on gender equality and social inclusion (GESI); and iii) devolve administrative, political and fiscal systems to the local level (Sharma 2014, 101-103). Nepal follows a cooperative federalism approach, in which each level of government is independent and the federal and subnational governments, in principle, share power, responsibilities, and cooperate to achieve their responsibilities (Adhikari 2020). The Government of Nepal (GoN) has a development vision of “Prosperous Nepal and Happy Nepali” (2019–2044) and has identified water resources and agriculture-led economic growth as pathways to attain this (NPC 2019, 2). Water supply and sanitation (WSS) became a priority for government programs during the international water supply and sanitation decade (1981–1990) and remained an area of public investment as it started to receive aid from the mid-1990s (MoWSS 2016; Neupane et al. 2018). The dynamics of WASH sector reforms remain under-researched, especially changes in powers, roles, functions, relationships and service delivery systems among different levels of government. An important factor in the federated context is the strengthening of different levels of government for policies and interventions to ensure availability, accessibility, quality and safety, affordability, acceptability, dignity, and privacy of WSS services (Roaf et al. 2014). Transboundary and basin-level water cooperation is critical when different tiers of government and actors share rights over water resources (De Stefano and Hernandez-Mora 2018; Bhattarai et al. 2002). Water sharing among and between municipalities will gain importance as conflict over water emerges (Devkota et al. 2018). The Multiple Indicator Cluster Survey 2019 (MICS) shows that only 19% of people have safely managed water services where the source water was tested and determined free of E. coli, and was available when needed (CBS 2020). However, only 28% of the piped water supply system is fully functional (DWSSM 2019). Governance challenges such as the sustainability and functionality of water supply infrastructure, exclusion and inequities in access to, use of and decisions regarding water supply systems, and the inefficient use of scarce water resources and water management need attention from the new subnational governments (SNV Netherlands Development Organisation and CBM Australia 2019; WaterAid 2010). The role of the government is essential for ensuring effective practices such as inclusiveness, transparency, accountability, participation, nondiscrimination, and sustainability of WASH services (Rogers and Hall 2003) and for monitoring the responsibilities of service providers in promoting effective WASH governance. The influence of federalism in making policies and plans, setting priorities, and the extent to which new legal instruments are oriented toward effective WASH governance, including equity, and GESI in WSS services, have not been sufficiently studied. Although all levels of government have been exercising their executive, judicial, and legislative powers assigned by the new Constitution (World Bank and UNDP 2019b), there is a lack of evidence and knowledge on how the WASH sector has been federalized and how each level of government has been conceptualizing, visioning, and practicing WASH. Therefore, there is a need to research the effect of federalization and governance arrangements in the WASH sector because this is crucial for meeting Sustainable Development Goal (SDG) targets. This study helps fill this knowledge gap by unpacking policies, institutional frameworks, the current status of WASH services, and people’s aspirations for accessing such services under the new federated context. 2 3 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Study Objectives This study aimed to generate evidence on the opportunities and challenges for applying human rights and GESI approaches to WASH for sustainable, equitable and inclusive services in Nepal’s federal context. The study was guided by the following questions: • How does the new Constitution of Nepal and subsequent policies and strategies at the national level envisage the role of the WASH sector in the delivery of human rights and the creation of an equitable society, including the advancement of GESI? • What are the powers, jurisdictions, and roles of the three levels of government and institutional arrangements of the public WASH sector in the new system for delivering WASH services? • What is the status of WASH services at the local level and what are the associated opportunities and challenges to practicing inclusive WASH services locally? • What is the perception of local communities about WASH services under federalism? • What are the opportunities, challenges, and suggested pathways for sustainable, equitable and inclusive WASH policies and practices under federalism? The evidence is expected to support the Government of Nepal and non-state actors in ensuring inclusive, adequate, equitable and quality WASH services aligned with the SDG targets and the international frameworks on human rights regarding water and gender equality, which Nepal has endorsed. Report Structure This report has seven chapters. The first two chapters provide the rationale, framework, and methodology. The third and fourth chapters analyze the changes in the legal and policy frameworks, the jurisdiction of three levels of government, and the public sector’s institutional arrangements in the WASH sector within the federal system. The fifth and sixth chapters analyze the data and information collected through household surveys in six rural municipalities in Madhesh Province, Bagmati Province, Lumbini Province, and Karnali Province. The opportunities and challenges— including possible pathways for making WASH services and governance human rights-centric, socially inclusive, and equitable— are presented in the seventh chapter. Study Framework, Materials, and Methods Study Framework This study is guided by social science approaches to WASH. It employs human rights and transformative change perspectives (Mullinax et al. 2017; Hillenbrand et al. 2015; HRC 2011; Roaf et al. 2014) to unpack opportunities and barriers in policy, institutional structure, and implementation processes for making WSS services and decision- making socially inclusive, and gender equitable in Nepal’s federal system. These frameworks are the key to achieving sustainability, functionality, inclusivity, and empowerment of women, girls, and historically marginalized groups in the WASH sector, taking into account the “Leave No One Behind” vision of the SDGs and as well as the inclusive governance development visions of the new Constitution of Nepal. There has been a long-standing commitment by development partners toward decentralized and inclusive development. WASH has been a priority of the Government of Nepal since the 1980s (MoWSS 2016) when it became part of the implementation of the international water supply and sanitation decade (1981–1990). The new Constitution guarantees WASH as a fundamental right. Article 30 (1) ensures the fundamental right of individuals to live in a healthy and clean environment and Article 35 (4) ensures a fundamental right to clean water and sanitation. Human Rights and Transformative Approaches to WASH in Nepal People’s access to affordable water and sanitation services is their human right (Roaf et al. 2014; ODI 2017). Human rights to water are also linked to gender and equity. People cannot have enough water and maintain toilets even if water and 2 3 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights sanitation services are available because they might not be able to afford the services (HRC 2011). Studies show that people’s capacity to pay for WSS differs depending on their socioeconomic and political position in society, as well as the method of service delivery (Joshi et al. 2011; Leder et al. 2017). The human rights framework recognizes the need for understanding the social dynamics of individuals and communities and their ability to pay for services, keeping in mind that water and sanitation services do not necessarily have to be available free of charge but still need to be equitable and sustainable. This calls for state interventions to guarantee that the most disadvantaged groups have access to affordable water and sanitation services, and that monitoring WASH services takes into account social equity (HRC 2015). According to Roaf et al. (2014), states must consider five dimensions to implement human rights related to WSS and achieve GESI in WASH sector interventions. The key principles and indicators for measuring the success of framework implementation include; i) enabling policy and legal frameworks (e.g. ensuring that existing legal, policy and regulatory frameworks incorporate human rights considerations and reforms where necessary; ii) financing and budgeting (e.g. those areas or populations that lack adequate access to water and sanitation receive targeted funds to address inequalities); iii) WASH services delivery by setting appropriate targets to ensure that services are sustainable, available, accessible, safe, affordable, and culturally acceptable without discrimination; iv) monitoring WASH services which includes collecting data on service levels such as quality, accessibility, affordability, and on target groups who have or do not have access to water and sanitation to assess discriminatory practices and levels of inequality; and v) access to the legal system (Annex 1). Implementing these measures requires that the state honor three obligations: they must respect, protect, and fulfill human rights (Roaf et al. 2014). Implementing governance and human rights principles—such as transparency, accountability, participation, non-discrimination, equity, and inclusion—as well as ensuring access to information, resources, opportunities, and spaces for women, girls, and marginalized groups to participate in, and benefit from development are important measures when implementing all human rights to water and sanitation (Roaf et al. 2014, 21). As rights holders, people have the power to challenge a denial of their rights to safe water and sanitation (End Water Poverty 2022). For this, they need to be sensitized and empowered through information and knowledge about their rights. Studies from Nepal and other countries point out that socio-institutional dimensions, including gender and social power relations, shape the sustainability of water and sanitation services as well as women’s and marginalized groups’ access to, and control over water supply systems (Fisher 2006; Water Aid 2010; Ndesamburo et al. 2012; Neupane et al. 2018). Managing water services for delivering equitable access requires transformative actions that empower women and marginalized groups in water decision-making, especially in countries with persistent gender and social inequalities (Joshi and Nicol 2020; Clement et al. 2012). Therefore, transformation is needed in WASH policy, planning, and implementation to allow policymakers and WASH stakeholders to conceptualize and operationalize WASH development beyond the traditional engineering-economic approaches (Clement et al. 2012; Harou et al. 2020). Taking these perspectives into consideration, this study defines human rights and transformational paths to WASH development in Nepal as: “Those efforts in the WASH sector which recognize power dynamics and structural issues of inequality, inclusion, exclusion, and human development that shape access to WASH services and decision-making by women and marginalized groups, and focus on the need for an action, a process, and a set of desired outcomes. Alternatively, a way of developing the WASH sector is one that results in positive change in the livelihoods of women and men with different identities, including marginalized groups, through reliable, affordable and safe services, and one that does not reinforce existing exclusion on the basis of gender, class, ability, caste, ethnicity, religion, and language (adapted from IDPG 2017).” The study will unpack opportunities and challenges for practicing human rights and transformational approaches to WASH services in the federal context of Nepal. These approaches are key to achieving inclusive processes and outcomes. The study uses transparency, accountability, participation, gender, social inclusion, and equity perspectives as guiding criteria for analyzing the following dimensions of changes in the WASH sector after the rollout of federalism. i. Policy frameworks: Constitutional provisions along with WSS policies created after the rollout of federalism. ii. Sharing of state powers and functions for WASH: Jurisdictions, power, and functions of the three levels of government on WASH. iii. Actors, roles, and financing: Organizational restructuring and the role of public sector institutions and financial resources for delivering WSS services under the federal system. iv. WASH status and services: Status of WASH access, and people’s satisfaction with public services under federalism. 4 5 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights v. WASH coordination, monitoring and data: Role of WASH stakeholders related to the coordination, monitoring, and institutionalization of data. vi. GESI in WASH services and decision-making: Inclusivity in local water user and sanitation committees (WUSCs), WASH decision-making, and GESI provisions in policies, finance, and WSS services access. The study applied both quantitative and qualitative methods for collecting and analyzing primary and secondary data relating to the six dimensions of human rights and transformative approaches to WASH under federalism. Study Area The authors selected six rural municipalities (Figure 1), three in east Nepal and three in the west, as case study areas based on the prior experience of WaterAid and the International Water Management Institute (IWMI) within the study area, and the diversity of rural municipalities in terms of the level of development and socioeconomic contexts. The characteristics of the rural municipalities and districts selected for this study are shown in Tables 1 and 2, and their locations in Figure 1. Figure 1. Location of rural municipalities, associated districts, and provinces. Source: Authors’ creation. The selected palikas represent three agro-ecological zones with great diversity in terms of livelihoods, accessibility, and socio-economic related hardships. Saptari and Sarlahi in the Madhesh Province and Bardiya in the Lumbini Province lie in the plains (Terai region), while Dolakha in the Bagmati Province, Dailekh, and Kalikot in the Karnali Province are high- mountain and mid-hill regions. Sarlahi [Chandranagar] Saptari [Tilathi Koiladi] Dolakha [Sailung] Kalikot [Palata] Dailekh [Gurans] Bardiya [Badhaiyataal] 4 2 3 5 6 7 4 5 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Ta bl e 1. C ha ra ct er is tic s of ru ra l m un ic ip al iti es . D et ai ls Ba dh ai ya ta l G ur an s Pa la ta Sa ilu ng Ch an dr an ag ar Ti la th i K oi la di Di st ric t Ba rd iy a Da ile kh Ka lik ot D ol ak ha Sa rl ah i Sa pt ar i Ar ea (k m ²) 11 5. 2 16 4. 8 31 8. 8 12 8. 7a 47 .5 b 32 .9 c To po gr ap hy (m as l) 14 3– 15 7d 54 7– 2, 73 9 95 4– 4, 43 3e 76 0– 3, 06 3a 60 –1 20 b 50 –7 8c H ou se ho ld s 10 ,3 33 4, 09 6 2, 42 1h 5, 78 8a 5, 85 0b 7, 13 3c Po pu la tio n 47 ,9 48 f 22 ,0 33 g 15 ,3 03 h 28 ,8 41 a 36 ,0 31 b 38 ,3 65 c Li te ra cy ra te (% ) 66 f 67 g 49 h 79 a 53 b 91 c Tm in -T m ax (° C ) 7. 7– 42 .2 25 .0 –3 5. 0 -6 .0 –1 7. 1l 8. 0– 19 .0 a 20 –3 1k 15 .0 –3 7. 0c An nu al ra in fa ll (m m ), 1, 41 0 1, 48 8 65 3 1,7 01 1, 55 0 1,6 12 sp at ia l a ve ra ge i M aj or c as te a nd Te ra i J an aj at i H ill B ra hm in a nd Da lit s, Ja na ja ti Te ra i B ra hm in a nd Te ra i B ra hm in a nd et hn ic g ro up s Da lit s Ch he tr i H ill B ra hm in , a nd H ill B ra hm in a nd Ch he tr i Ch he tr i D al its , Ba di Da lit s Ch he tr i, Th ak ur i Ch he tr i Da lit s M us lim s H ill B ra hm in a nd Ja na ja ti Da lit s M us lim s Ch he tr i Ra ut e (h ig hl y m ar gi na liz ed g ro up s) Li ve lih oo d so ur ce sj Ag ric ul tu re Ag ric ul tu re Ag ric ul tu re Ag ric ul tu re Ag ric ul tu re Ag ric ul tu re M ig ra tio n M ig ra tio n, J ob s M ig ra tio n, M ig ra tio n, Fi sh er y M ig ra tio n, To ur is m SM Es (v eg et ab le s, W ag e la bo r W ag e la bo r, M ig ra tio n, W ag e la bo r Jo bs no n- tim be r f or es t SM Es (s ho ps ) To ur is m , S M Es W ag e la bo r, Jo bs , S M Es Sm al l a nd m ed iu m pr od uc ts N TF Ps ) (v eg et ab le s, N TF Ps ) Jo bs , S M Es (c er ea ls , l eg um es en te rp ris es (S M Es ) (c er ea ls , l eg um es , ve ge ta bl es , s ho ps ) ve ge ta bl es , s ho ps ) So ur ce : S ec on da ry d at a. N ot es : a S RM O 2 07 5. M un ic ip al P ro fil e of S ai lu ng R ur al M un ic ip al ity 2 07 5. S ai lu ng R ur al M un ic ip al ity O ffi ce (S RM O ), S ai lu ng , D ol ak ha . b CR M O 2 07 5. M un ic ip al P ro fil e of C ha nd ra na ga r R ur al M un ic ip al ity 2 01 8. C ha nd ra na ga r R ur al M un ic ip al ity O ffi ce (C RM O ), C ha nd ra na ga r, Sa rl ah i. c T KR M O 2 07 5. M un ic ip al P ro fil e of T ila th i K oi la di R ur al M un ic ip al ity 2 07 5. T ila th i K oi la di R ur al M un ic ip al ity O ffi ce (T KR M O ), T ila th i, Sa pt ar i. d BR M O 2 07 5, R ur al M un ic ip al ity P ro fil e of B ad ai ya T aa l R ur al M un ic ip al ity 2 07 5, B ad ai ya T aa l R ur al M un ic ip al ity O ffi ce (B RM O ), M ai na P ok ha ri, B ar di ya . e D er iv ed b as ed o n As te r- G DE M o f 3 0 m h or iz on ta l r es ol ut io n ta ke n fr om N AS A JP L (2 00 9) . A dv an ce d Sp ac eb or ne T he rm al E m is si on a nd R efl ec tio n Ra di om et er (A ST ER ) G lo ba l D ig ita l E le va tio n M od el V er si on 2 (G DE M V 2) [D at as et ]. U ni te d St at es N at io na l A er on au tic s an d Sp ac e Ad m in is tr at io n, J et P ro pu ls io n La bo ra to ry (N AS A JP L) . do i:1 0. 50 67 /A ST ER /A ST GT M .0 02 . ( ac ce ss ed o n M ar ch 2 7, 2 01 3) . f h tt p: // na tio na ld at a. go v. np /L oc al Le ve l/ In de x/ 51 20 8 g h tt p: // na tio na ld at a. go v. np /L oc al Le ve l/ In de x/ 60 61 1 h ht tp :// na tio na ld at a. go v. np /L oc al Le ve l/ In de x/ 60 50 1 i E xt ra ct ed b as ed o n an nu al ra in fa ll su rf ac e ra st er o f N ep al fr om D ep ar tm en t o f H yd ro lo gy a nd M et eo ro lo gy , G ov er nm en t o f N ep al . j E xt ra ct ed fr om th e pr ofi le s of ru ra l m un ic ip al iti es , h tt ps :// st ha ni ya .g ov .n p/ gi s/ w eb si te / k C BS 2 07 2. D is tr ic t P ro fil e Sa rl ah i 2 07 2. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, M ah ot ta ri. l A ve ra ge m on th ly te m pe ra tu re o f K al ik ot is ta ke n as re pr es en ta tiv e fo r P al at a. 6 7 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Ta bl e 2. C ha ra ct er is tic s of s tu dy d is tr ic ts . D et ai ls Ba rd iy a Da ile kh Ka lik ot D ol ak ha Sa rl ah i Sa pt ar i Ag ro -e co lo gi ca l z on e Te ra i M id -H ill M id -H ill H ig h M ou nt ai n Te ra i Te ra i Ar ea (k m ²) 2, 02 5a 1, 50 b 1,7 41 c 2, 19 1d 1, 25 9e 1, 36 3f To po gr ap hy (m as l) 13 8– 12 79 a 54 4– 41 68 b 73 8– 47 90 c 76 2– 71 34 d 60 –6 59 e 61 –3 05 f H ou se ho ld s (N o. )g 83 ,14 7 48 ,9 15 23 ,0 08 45 ,6 88 13 2, 84 4 12 1, 09 8 Po pu la tio n (N o. )g 42 6, 57 6 26 1,7 70 13 6, 94 8 18 6, 55 7 76 9, 72 9 63 9, 28 4 Li te ra cy ra te (% ) W om en g 58 53 46 54 37 43 Li te ra cy ra te (% ) M en g 73 73 68 73 56 67 Tm in -T m ax (° C ) 7. 7– 42 .2 25 .0 –3 5. 0 8– 19 d 20 –3 1e 10 –4 0f Av er ag e an nu al ra in fa ll (m m )h 1, 46 6a 1, 21 9b 83 1c 1, 55 3d 1, 47 3e 1, 40 2f So ci o- cu ltu ra l d iv er si ty G en de r, C as te , E th ni ci ty , O cc up at io n, F oo d Sy st em , R el ig io n, L an gu ag e G en de r a nd s oc ia l Pa tr ia rc hy Pa tr ia rc hy Pa tr ia rc hy Pa tr ia rc hy Pa tr ia rc hy Pa tr ia rc hy d is cr im in at io n fo rm s Ca st e an d et hn ic ity Ca st e an d et hn ic ity Ca st e an d et hn ic ity Ca st e an d et hn ic ity Ca st e an d et hn ic ity Ca st e an d et hn ic ity Cl as s Cl as s Cl as s Cl as s Cl as s Cl as s Bo nd ed la bo r Vi lla ge le ad er (m al e) V ill ag e le ad er (m al e) Re lig io n Re lig io n Vi lla ge le ad er (m al e) La ng ua ge La ng ua ge Vi lla ge le ad er (m al e) Vi lla ge le ad er (m al e) H DI i 0. 46 6 0. 42 2 0. 37 4 0. 45 9 0. 40 2 0. 43 7 M ul tid im en si on al P ov er ty In de x (M PI )j 0. 13 3 0. 23 0 0. 23 0 0. 05 1 0. 21 7 0. 21 7 St ud y ru ra l m un ic ip al iti es Ba dh ai ya T aa l G ur an s Pa la ta Sa ilu ng Ti la th i K oi la di Ch an dr an ag ar Sa m pl e w ar ds o f s tu dy ru ra l m un ic ip al ity 5, 6 , 8 , 9 5, 6 , 7 , 8 1, 2 7 , 8 3, 4 , 6 , 7 1, 2 , 4 , 8 2, 3 , 6 , 7 So ur ce : S ec on da ry d at a. N ot es : ª C BS 2 07 5. D is tr ic t B an ke 2 07 5. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, B an ke . b CB S 20 75 . D is tr ic t D ai le kh 2 07 5. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, S ur kh et . c C BS 2 07 5. D is tr ic t K al ik ot 2 07 5. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, S ur kh et . d DD CO 2 07 2. D is tr ic t P ro fil e of D ol ak ha 2 07 2. D is tr ic t D ev el op m en t C om m itt ee O ffi ce (D DC O ), In fo rm at io n D ep ar tm en t, D ol ak ha . e C BS 2 07 2. D is tr ic t P ro fil e Sa rl ah i 2 07 2. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, M ah ot ta ri. f C BS 2 07 5. D is tr ic t P ro fil e Sa pt ar i 2 07 5. N at io na l P la nn in g Co m m is si on S ec re ta ria t, C en tr al B ur ea u of S ta tis tic s, O ffi ce o f S ta tis tic s, S un sa ri, In ar uw a. g C BS 2 01 1. h DH M 2 01 7. i N PC a nd U N DP 2 01 4. j N PC a nd O PH I 2 01 8. 6 7 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Data and Sources The study gathered primary and secondary data as described below. Desk review: The study team reviewed several policy frameworks, including the Constitution of Nepal (2015), the Local Government Operation Act (LGOA) (2017), the 15th National Plan Approach Paper (2019–2023), WASH policies and programs of federal and subnational governments of the study areas, research reports, and impact studies by WASH development partners. In addition, the team reviewed scientific and research literature on human rights, governance, and the equity and gender dimensions of WASH. Key informant interviews: The study team gathered information and insights on WASH service delivery systems using key informant interviews with 12 locally elected representatives, five social workers, five teachers, three health workers, two youth club members, 10 representatives of Water User Associations and WUSCs, two WASH technical staff in each of the six palikas, and one information officer with the Federal Water Supply and Sewerage Management Project of the Karnali Province. Perception surveys: The researchers surveyed perceptions and satisfaction with WASH services among 486 households selected randomly from four wards of each study palika. Over 56% (274) of the survey respondents were men and 43.6% (212) were women. By caste and ethnicity, the respondents represented Brahmin, Chhetri and Thakuri (36.6%), Janajatis (32.7%), Dalits (15.6%), and other (15%). Four wards were selected in consultation with elected representatives and WASH focal persons at the municipality office. Out of the four wards, two represented wards with functional water supply systems and the other two with nonfunctional systems. The questionnaires were pre-tested. There were 12 local social mobilizers, including six women, who were trained to conduct the survey and enter data directly into the data tab using a mobile application. The age of the social mobilizers varied from 21 to 38 years and their ethnicities were Janajati, Madhesi Brahmin, Madhesi Other, Khas, and Tharu. The responses were analyzed using descriptive methods. Limitations of the study: The COVID-19 pandemic affected the study. The researchers were unable to make second visits to the Madhesh Province and Karnali Province as originally planned. As a result, they were unable to validate the primary data collected during the first visits. The perception survey was conducted through in-depth qualitative interviews and informal interactions with subnational policymakers, WASH sector officials and project staff. The data included information discussed in radio dialogues and webinars on WASH planning, budgeting, and policymaking at the local level. These events were organized by stakeholders during the lockdown. The study transcribed three webinars on WASH issues (financing, governance, WASH and COVID-19, the role of palikas on WASH services during the pandemic and the challenges of practicing decentralized WASH). In addition, the study used three radio dialogues on citizen participation in annual planning and budgeting by local governments, to understand the perspectives of people and officials regarding opportunities and challenges related to inclusive WASH practices in rural areas. The radio dialogues (Mutual Accountability: Sajha Boli) were broadcast on Sagarmatha FM 102.4 on Mondays at 7:30 AM. Field data were verified based on the review of policies and programs from the provincial water supply divisions and associated ministries. Global and National WASH Policy Frameworks This chapter analyzes global frameworks as well as constitutional and sectoral policy provisions in Nepal regarding WASH using human rights and transformational change perspectives. Global Policy Frameworks: WASH Rights In 2002, the Committee on the International Covenant on Economic, Social, and Cultural Rights adopted General Comment No. 15 on the human right to water. Comment No. 15 defines the human right to water as the right of everyone, without discrimination, to adequate, safe, accessible, and affordable water for personal and domestic uses (Roaf et al. 2014). On July 28th 2010, the United Nations General Assembly reaffirmed that clean drinking water and sanitation are essential to the realization of all human rights. Other international frameworks ratified by the Government of Nepal guarantee WASH rights for women, girls, indigenous nationalities, and people with disabilities. These include the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of Persons with Disabilities (2006), ILO Convention No. 169, the UN Declaration on the Rights of Indigenous Peoples, and the Sendai Framework (2015–2030). 8 9 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights The most recent human rights resolution on water was passed by the UN General Assembly in November 2019 and further recognizes the need for states to be gender responsive, socially inclusive, and accountable to ensure access to WSS or all women and girls in public and private spaces (United Nations 2019). It calls for the state to promote women’s leadership and their meaningful and equal participation in decision-making on water and sanitation management, and to ensure that a gender-based approach is adopted by WASH programs (Article 5-g). In addition, the resolution calls upon “non-state actors, including business enterprises, both transnational and others, to comply with their responsibility to respect human rights, including the human right to safe drinking water and sanitation” (Article 7). As a signatory of these covenants, treaties, and conventions, Nepal is expected to ensure that its policy instruments, laws, and guidelines comply with these global frameworks. Constitutional Provisions for WASH: Toward Transformational Change The Constitution of Nepal (2015) established the significance of inclusive WSS for people’s health, prosperity, and the environment. It recognizes access to WSS as a fundamental right of every citizen. This right is articulated through several constitutional provisions, including Article 30, which guarantees the right of individuals to live in a healthy and clean environment, and Article 35, which ensures the right to access clean water and sanitation. The principles of gender equality, inclusion, transparency, accountability, participation, and nondiscrimination are articulated in Article 18 (right to equality), Article 24 (protection against discrimination), Article 38 (rights of women), Article 40 (rights of Dalits), Article 42 (right to social justice and inclusion), Article 44 (rights of consumers) and Article 50 (directive principles). The Constitution is genuinely progressive in terms of seeking to achieve gender and socially inclusive WSS by implementing the fundamental rights of people to WSS services. It also ensures the rights of women; people who identify as lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ); people with disabilities and historically excluded groups to participate in all state structures and bodies. It calls for a proportional representation of women and underrepresented groups in state governance structures while ensuring their fundamental rights to participate in, and benefit from its interventions which are reflected in Articles 18, 38, 40, and 42. Article 51 (Clause-j) focuses on the policies related to social justice and inclusion for ensuring the socioeconomic development of people who are marginalized based on different social identities (e.g. class, caste, ethnicity, age, ability, region, sexual and gender minorities, religion, and occupation). These provisions, therefore, recognize the need for ensuring inclusion, social justice, and gender equality in WSS policymaking, decision-making, planning, and implementation processes. According to the Constitution, the state shall pursue policies relating to different dimensions of development (Article 51). Out of 13 policies, four are related to: the political and governance systems of the state (Clause b-4); development (Clause f-1); and natural resources conservation, management, and use (Clause g-1); and basic needs (Clause h-13), which are associated with inclusive, fair, and sustainable WSS services and outcomes. The Constitution calls for an equitable distribution of benefits generated from natural resources by giving local people preferential rights, while prioritizing national investments in water resources based on people’s participation and multi-use development. It also emphasizes the need for conservation and the sustainable management and use of natural resources, including water, land, and biodiversity (Article 51, Clause-g), which are key resources for human and environmental health. These constitutional provisions offer Nepal’s WASH sector opportunities to transform policies, programs, projects, institutional practices, and behaviors at all levels. The provisions recognize women, people with disabilities, LGBTIQ, and historically marginalized groups as important stakeholders who can and should contribute to improvements in the governance, sustainability, and functionality of WSS services provided by all levels of government. However, translating these constitutional frameworks into sectoral policies tends to be a process burdened with governance agendas (Suhardiman et al. 2017; De Stefano and Hernandez-Mora 2018) and will take time to materialize. The following sections analyze the major constitutional amendments that drive changes in policy processes and the emergence of new policy frameworks to guide WSS interventions in the federal context. Major Governance Changes and Implications for WASH Services Federalism in Nepal has led to significant changes in policymaking, planning, budgeting, staffing and between the relationships of community water institutions to the public sector’s WASH institutions. As shown in Table 3, federalism has changed WASH governance from a centralized system to one of shared governance in which policymaking, decision- making, budgeting, planning, and implementation related to WASH development can take place at each level of government. Local governments, with their constitutionally assigned exclusive and concurrent powers, have the mandate to independently choose their priorities and spend financial resources, which is a historic shift (Acharya 2018). As an 8 9 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights example, in FY 2018–2019, 15% of the total national budget was allocated to the local government as fiscal equalization and conditional grants (WaterAid 2018), which was not possible in the previous system. In FY 2023-2024, NPR 1.3 billion (~ USD 9.43 million), was the federal fiscal transfer to local governments under a conditional grant (WaterAid 2023). There is also a big shift in the sharing of total government revenue among the different tiers of government. In the previous system, local governments used to receive around 5–6% of total government revenue, while they received 40% under the federal arrangement in FY 2018–2019 (Bhurtel 2020). This fiscal decentralization provides an opportunity for local governments to address the challenges they face in ensuring safe and reliable WSS services in their constituencies. Likewise, the public sector’s recruitment processes have been devolved to the Provincial Public Service Commission, a new structure under the federal system, that has a mandate to conduct examinations for civil service positions required by subnational government agencies (FIARCC 2016). The establishment of a new constitutional body, the National Natural Resource and Fiscal Commission (NNRFC), has facilitated the allocation of revenue from natural resources among three levels of government. In addition, local governments also have the power to develop and implement policies and standards for tax collection, distribution, and the regulation of natural resource enterprises. The revenue generated by local governments can be used for local WSS services. However, conflicts may likely arise while sharing natural resources and revenue between upstream and downstream governments (Poudel and Khatri 2019). There is also a dire need for strengthening policy and institutional capacity of local governments on fiscal management and formulating essential legislation and standards to implement their exclusive powers—including fiscal authority—granted under federalism (Acharya 2018). Table 3. Key governance changes in the WASH sector and implications for WSS services under federalism. Attributes Before 2015 After 2015 Implications Policies, laws, and Development: • Development and • High level of horizontal and vertical standards related national level implementation: all levels coordination is needed for water to drinking water of government. supply and sanitation (WSS) supply, sanitation, Implementation: policymaking. and hygiene subnational level • Intergovernmental and cross-sectoral contestation on water sources, allocation and uses, unless a strong institutional mechanism is in place. Policies, laws, and Development: • Development and • Disputes between and among three standards on natural national level implementation: levels of government in natural resources revenues National Natural resources benefit sharing unless a and benefits sharing Implementation: Resource and Fiscal strong water cooperation framework is subnational level Commission (NNRFC). established. • Development and • Effective water governance implementation of policies mechanisms and civic engagement are and standards for tax critical to ensuring that those affected collection, distribution, by water insecurity, have a voice as and regulation of natural well as access to, and control over resources management- water management, water resource based enterprise: local revenue, and water supply system governments. functionality and sustainability. • The need for ensuring people’s participation in policymaking, planning and investments in water resources infrastructure development. USD 1 = NPR 136 (June 2025) Continued >>> 10 11 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Continued Attributes Before 2015 After 2015 Implications Staffing National Public • Federal staff are to be hired•Engineers in Divisional Water Supply Service Commission by the National Level Public Offices work under the provincial level used to recruit for Service Commission. Ministry of Physical Infrastructure the public sector at • Provincial and local staff Development. all levels. are to be hired by the • Engineers in palikas are responsible respective government in for water supply infrastructure coordination with the projects. Provincial Public Service • Ensuring GESI in the new recruitment Commission. of WASH projects, as current staffing in the water sector is predominately dominated by men and advantaged groups. WASH planning and Line ministries • levels of government Sectoral agencies of each level may implementation (Budget) (i.e., water supply, can plan and implement not give priority to WASH and water health, environment, programs on WASH. governance, as they focus on education). infrastructure (e.g., constructing drinking water infrastructure). WUSC relationships with Registration and • levels of government • More likely to register one WUSC in the government for water operation of WUSCs can register WUSCs three levels of government, when line supply and sanitation by the District Water depending on the scale of agencies of each level implement WSS systems and services Supply and Sanitation projects (large, medium, projects in the same village. Office (DWSSO). and small scale), but • Effective linkages between WUAs policy mechanisms for and local governments for addressing defining the processes are water stress and promoting yet to take place. sustainable, affordable, quality, and equitable WASH services delivery would be possible through the institutionalization of a WASH coordination unit at palika level. Water Supply Supply of drinking • WSMB can implement • Establishing multistakeholder based Management Board water services in supply projects in WSMB at the subnational level would (WSMB) municipalities, collaboration with support in devising and implementing including subnational governments, guidelines, standards and plans for Kathmandu Valley – given new legislation in the water security, water quality, and the coordinated and WSS specifies the roles of monitoring of water supply and managed by WASH service providers sanitation service systems. Kathmandu without overlapping the • The multistakeholders WSMB can Upatyakya Khanepani roles among them. promote transparency and Limited. participatory need identification on water management and WSS when the platform includes civil society, the private sector, and representatives of right-holders. Nepal Water Supply Supply of drinking • NWSC can implement • Limited coordination between NWSC, Corporation (NWSC) water services in water supply projects in subnational governments, WUSCs and 22 municipalities collaboration with WSMBs and one rural subnational governments, • Establishing a WASH unit in local municipality. given new legislation in the governments would provide support Overlapping of roles WSS would specify the for water security while planning and between NWSC with roles of the NWSC, and implementing WASH programs in the Department of other WASH service coordination with WUSCs, the private Water Supply and providers without sector and sectoral line agencies. Sewerage (DWSS) and overlapping the roles WSMB in some cities. among them. Source: Adapted from GoN 2015, FIARCC 2016 and MoWSS 2016. 10 11 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Constitutional changes offer a unique opportunity for decentralized policymaking, planning, and development (Sharma 2020). Implementation will require technical, financial, and human resources along with political will and enforcement mechanisms to achieve inclusive outcomes in the WASH sector. Federal Government Policy Frameworks for WASH After the 2017 elections, all levels of government have been exercising their power in making policies in the WASH sector. Some policies prepared prior to federalism are now being revised. As institutional arrangements, roles, and jurisdictions over public WASH service delivery have been distributed among all levels of government and different line ministries, the process of amending or making new policy frameworks on WASH is taking root. As presented in Table 4, the WASH sector has new policy frameworks. Furthermore, the regulations such as the Local Government Operation Act (2017), the 15th National Plan (2019-2023), the 16th National Plan (2024-2028), and the National Water Resources Policy (2020) also guide WASH interventions (Table 4). Table 4. Federal legal and policy frameworks on WASH before and after federalism. Subsectors of WASH Policy Frameworks Policy Frameworks Before 2015 After 2015 Water supply • Water Supply Rule (1998) • Water Supply and Sanitation Act (2022) • Water Resource Act, (1992) • Water Resources Bill, (2020) (draft) • Water Resource Rule, (1993) • National Water Resources Policy, (2020) • Water Supply Management Board • Nepal WASH Sector Development Plan, Act, (2006) 2024-2043 (draft) • Nepal Water Supply Corporation • National Water Supply Quality Act (1989) Standard (2023) • National Water Plan, (2005–2027) • Water Supply and Sanitation Rule, (2025) • National Water Supply, Sanitation and Hygiene (WASH) Policy (2023) Sanitation and hygiene • Environment Protection Act, (1997) • Environment Protection Act, (2019) • Environment Protection Rule, (1997) • Environment Protection Rule, (2019) • Rural Water Supply and Sanitation • National Health Policy, (2019) Policy, (2004) • Public Health Service Act, (2018) • Urban Water Supply and Sanitation • Public Health Service Rule, (2020) Policy, (2009) • National Standards for Domestic • Sanitation and Hygiene Master Plan, Wastewater Effluent, (2023) (2011) • Total Sanitation Guideline, (2017) • National Sanitation Policy (1994) • National Sanitation Master Plan (2011) WASH at local level • Local Self Governance Act, (1998) • Local Government Operation Act, (2017) WASH in the National • Initiated from the 5th Five-Year Plan, • 15th National Plan (2019–2023), 2019 Development Plan (1975–1980) • 16th National Plan (2024- 2028), 2024 Source: Government of Nepal websites. The Constitution of Nepal aims to achieve inclusive development through devolving administrative, fiscal, judicial, and legislative functions, promoting GESI and effective governance practices in the state’s structures, policies, and, development projects. This section analyzes the extent to which the new WASH policy frameworks operationalize human rights, GESI, and transformational paths to WASH. 12 13 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights More Power and Responsibilities for WASH Services Devolved to Local Level Local governments are powerful frontline actors in the federal system to design, implement, monitor, evaluate, and regulate policies, laws, plans, and standards related to local drinking water, basic health and sanitation, solid waste management, environmental conservation, and micro-hydropower, alternative energy, local irrigation, and local services management (FIARCC 2016). They can determine water tariffs, manage water supply, sanitation, and sewerage at the palika level. The Constitution grants them these powers and responsibilities and the Local Government Operation Act (LGOA) that came into effect on October 15, 2017 operationalizes these powers. The LGOA clearly defines the functions, duties, rights of local governments and their wards (the government entity closest to the people) and, the District Coordination Committee (DCC). It has a provision for proportionate representation in committees, subcommittees, and working groups that a local government would establish (Article 111). The Act also focuses on the need for GESI during the local planning process, collection of gender-disaggregated data, dealing with harmful practices, and making the transport sector friendly for women and people with disabilities. The Act, however, is silent on provisions to ensure equity and inclusion while prioritizing WASH projects. The Act has neither explicit provisions on gender-responsive budgeting nor commitments to promoting inclusion and diversity in leadership roles, and, decision-making of sectoral portfolios, including WASH. In other words, the LGOA is gender aware but has made limited efforts to operationalize justice, gender equality, and inclusion principles laid out in the Constitution. As it stands, the law will contribute to reinforcing pre-existing gender inequalities unless specific WASH policies, plans, and programs of the local governments recognize the root causes of poverty, exclusion, and marginalization, and define action plans to address systemic barriers in the WASH sector. At the federal level, new policy frameworks largely focus on technical and hardware elements of WSS while neglecting the operationalization of human rights and GESI principles laid out in the Constitution. Federal WASH Policy Frameworks: Technical Perspectives Dominate The major policy instruments formulated after federalism that shape investment and programs on WSS are the: Water Supply and Sanitation Rule (2025); the National Water Supply, Sanitation, and Hygiene Policy (2023); the Water Supply and Sanitation Act (2022); the draft Water Resources Bill (2020); the Water Resources Policy (2020); the Environmental Act (2019); and the draft WASH Sector Development Plan (2024-2043) (Table 5). These instruments show that the government recognizes the role of water resources in national socioeconomic development and environmental conservation, and the need to protect the fundamental rights of citizens to access safe, affordable, reliable, and equitable WSS services. However, the policies are predominantly influenced by technical perspectives with limited measures to operationalize rights , GESI, and recognize or capitalize on potential transformations through improved water governance, bottom-up and inclusive water management, and the WSS service system within the federal structure. The following sections present the key features of new WASH policies from human rights and transformational change perspectives. Case 1. Water Supply and Sanitation Rule (2025) This Water Supply and Sanitation Rule (2025) (2081 B.S.) is designed to support the implementation of the Water and Sanitation Act (2022) (GoN 2025). As an umbrella WSS rule, it clearly defines the roles and responsibilities of the three levels of government on WSS services. The Rule mandates that the federal government handles larger-scale projects with an investment above NPR 500 million, the provincial government takes responsibility for medium-sized projects requiring an investment between NPR 150 to 500 million, and local governments are responsible for smaller projects that need less than NPR 150 million. Although there are no GESI provisions for WSS services and decision-making, the Rule commits to ensure equitable WSS services. It has a provision for exempting permissions related to the survey, design, construction, and operation of small-scale supply and sanitation schemes serving up to 500 people or a scheme with a budget of up to NPR 10 million. These schemes should target the extreme poor, Dalits, and marginalized communities (Article 15.1). By prioritizing domestic water supply, the rule ensures that essential human needs are met before supplying drinking water for institutions and industries. Case 2. National Water Supply, Sanitation, and Hygiene (WASH) Policy (2023) This policy aims to ensure universal access to safe drinking water and sanitation services by 2100 B.S. The policy outlines five key objectives (MoWS 2023, 4). None of the objectives are specific to achieve equitable and GESI informative WASH programs, institutional processes and learning. Among its 23 strategies, the policy includes a commitment to include GESI principles in the design and implementation of WASH plans, programs, and budgets (Strategy 5.6.16). 12 13 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights However the action strategies supporting the GESI approach primarily focus on promoting decision-making roles for poor and marginalized groups through capacity development, and the identification and targeting of poor households for specific programs in collaboration with the local level. The policy understands GESI as a micro-level issue which is a thinking barrier resulting in positive development outcomes (Khadka et al. 2024). The policy undermines transformative approaches to address systemic barriers that limit access to, and control over WASH services by women, people with disabilities, and marginalized groups (Khadka et. al 2023). While it commits to providing user-friendly toilets for children, the elderly, people with disabilities, and different genders, it lacks measures to ensure that the design, construction, and monitoring of these toilet facilities meet the diverse needs of these groups. Case 3. Water Supply and Sanitation Act (2022) This Act emphasizes the need to respect, protect, and fulfill the fundamental right of every citizen to WSS by providing accessible, clean, and quality services including the effective management of sewerage and sewage (GoN 2022). It upholds the rights of all to reliable and safe drinking water and quality sanitation services while ensuring nondiscrimination in service delivery. The Act recognizes the preferential rights of individuals and communities to water sources they have used for domestic purposes since time immemorial (Article 4.2) and prioritizes the domestic use of water over other uses. The Act includes a provision that holds all levels of government accountable for respecting protecting, promoting and fulfilling people's rights to WSS through coordinated efforts. Another provision includes equity considerations where individuals or households identified by the government as poor or marginalized would be exempted from water tariffs (Article 33.4). Likewise, Article 35 allows each level of government to waive drinking water fees for marginalized groups or individuals who live in difficult situations. The Act has a provision for the inclusion of one woman on the board of the Tariff Commission, three local women representatives (out of seven) on the Intergovernmental Coordination Committee (ICC), and one woman expert (out of three) as a member in the ICC. Although it states that the composition of the ICC shall be based on the principles of inclusion, it does not go beyond reserving seats for women. Such token efforts do not guarantee the practice or promotion of equitable, inclusive, and accessible WSS services and infrastructure, including menstrual hygiene management and decision-making. The important roles of civil society organizations (CSOs), nongovernmental organizations (NGOs), and WUSCs in achieving WSS outcomes are also not discussed (Table 5). Case 4. National Water Resources Policy (2020) The new Water Resources Policy (2020) (MoEWRI 2020) serves as the umbrella framework guiding all levels of government in developing and implementing policies, regulations, plans, strategies, and programs on conservation, management, and the sustainable use of water-resources. It supports multiple water uses—including domestic, productive, and environmental purposes—in coordinated ways. It envisions contributing to economic prosperity and social transformation through equitable and sustainable development aligned with the Constitution of Nepal (2015) and the subsequent national vision of prosperity and happiness. The policy has seven strategic objectives and 11 associated strategies, each with a few sets of operational policies. It focuses on: i) water resources for addressing multiple needs, including irrigation, energy, domestic use, and aquatic biodiversity conservation; ii) water-induced disaster and climate resilient water resources management; iii) the development of water resources for ensuring water services are affordable, reliable, and equitable; iv) coordination and institutional development for water, benefit-sharing, and uses and; v) institutionalization of data, evidence, and research-based water management, and monitoring. While the policy is comprehensive in terms of visualizing the role of water in socioeconomic development, none of the seven strategic objectives, 11 strategies, and 104 operational policies have provisions for operationalizing rights-based approaches and GESI in water resources management, or water institutions at scale (Table 5). The policy is guided by a technical rather than a transformative perspective of water resources management. This could limit actions for inclusive development outcomes in the WASH and water sectors (Khadka et al. 2021). Case 5: Draft Water Resources Bill (2020) The draft Water Resources Bill (2020) (MoEWRI 2020) aims at sustainable development and the use of water resources for humanity, climate resilience, biodiversity conservation, and the equitable sharing of water benefits among stakeholders. It focuses on the multipurpose uses of water, including irrigation, domestic use, hydropower, and the conservation of rivers and aquatic biodiversity. It has provisions on risk management and building the resilience of watersheds and ecosystems to the impacts of climate change. The bill ensures rights to water for all and calls for nondiscrimination in accessing safe and adequate water for drinking and domestic uses (Article 4). Article 10 recognizes community-based water management and benefit sharing. However, the bill undermines provisions to make state and non-state actors accountable for the implementation of human rights, community-led water management, and GESI 14 15 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights approaches when managing water resources for multiple purposes, including WASH. Critics point out that the bill tends to focus less on protecting the rights of highly marginalized communities and resource-poor farmers to access water and undermines their participation in sustainable water management (FMIST 2020). In 2024, the bill was discussed with multiple stakeholders through transparent consultations (KC and Onta 2024) and is currently undergoing the approval process. However, the extent to which it incorporates feedback from these consultations requires further analysis. Case 6. Draft Sector WASH Development Plan (2024-2043) The draft WASH Sector Development Plan (WASH SDP) developed in 2016 has been updated in 2024 after taking into account the outcomes of the Joint Sector Review (JSR) of the WASH sector. The 20 year WASH SDP (2024-2043) (draft) is a comprehensive strategic road map for strengthening policies, interventions, and capacities aimed at achieving universal access to WASH for all (MoWS 2024). GESI is one of the seven strategic themes aimed at ensuring accessibility and inclusivity, particularly for vulnerable and marginalized groups. In alignment with the principle of 'leaving no one behind', the plan has dedicated objectives, expected outcomes, and strategies targeting rural communities, indigenous groups, woman and children, persons with disabilities, and individuals living in poverty. As presented in Table 5, the SDP is responsible for ensuring WASH services, capacity building, and decision-making by the identifies target groups. The plan also commits to address menstrual hygiene and estimates NPR 4272.23 billion as the required funding to implement all the thematic programs, including GESI. However the budget allocated to the GESI theme is very low—0.17% of the total budget—amounting to NPR 7438.54 million over the two decades. While the plan is committed to addressing GESI issues at the grassroots level, it lacks strategic measure and perspectives to tackle institutional barriers and unequal gendered power dynamics within WASH governance. These shortcomings disempower target groups to participate meaningfully in and benefit from WASH sector's programs and investment. It is interesting to note that although the SDP is GESI responsive, recent WASH legislation does not reflect GESI provisions or perspectives. Furthermore, the sectoral legislations in the water, energy and food sectors are gender unaware, although the Constitution of Nepal and national development frameworks commit to inclusive development outcomes in these sectors (Khadka et al. 2024). Case 7. Draft WASH Sector Development Plan (2016-2030) The draft WASH Sector Development Plan (WASH SDP) is a comprehensive strategic document. It analyzes WASH issues in sectoral policies, strategies, roles and functions of government actors involved in provisioning WASH services in rural and urban areas, and the role of people in WSS service systems. It recognizes the need for improving three dimensions of WASH governance (participation, citizen responsibility to make political leaders, the state and WSS service providers accountable, as well as the responsiveness of WASH sector actors for addressing the needs and rights of people) (MoWSS 2019, 27). The plan has a section on the GESI framework that recognizes the need to understand WASH as a technical solution and a complex system in which power dynamics and informal institutions interact with the processes of WASH priority and deliberations. The framework recognizes that elements such as gender, caste, ethnicity, religion, minority, remoteness, and poverty influence people’s access to WASH services and management. Within a broad framework of rights, equity, and empowerment, the GESI approach recognizes the need for policies that would ensure access to WASH services by women, girls, and poor and excluded groups (Table 5). As stated earlier, this WASH SDP has now been revised in line with the federal system and related institutional arrangements, providing strategic roadmaps on how the sector can contribute to achieving national objectives related to WASH. The extent to which the GESI provisions of the WASH SDP has been implemented requires further analysis. 14 15 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Ta bl e 5. P ro vi si on s of h um an ri gh ts a nd tr an sf or m at io na l a pp ro ac he s to W AS H in w at er p ol ic ie s in N ep al p re pa re d af te r f ed er al is m . G oa l/ O bj ec tiv e Th em at ic in te rv en tio n Ac co un ta bi lit y Pa rt ic ip at io n an d Ri gh ts to w at er a cc es s Ju st ic e, a nd G en de r e qu al ity & s oc ia l tr an sp ar en cy no nd is cr im in at io n in cl us io n W at er S up pl y an d Sa ni ta tio n Ru le (2 02 5) (2 08 1 B .S .) N o G ES I p ro vi si on Se rv ic e pr ov id er s sh ou ld fir st p rio rit iz e su pp ly in g w at er fo r d om es tic u se (A rt ic le 3 3. 1) . N on et he le ss , s er vi ce pr ov id er s sh ou ld co ns id er p ro vi di ng w at er to th os e co m m un iti es aff ec te d by n at ur al di sa st er s su ch a s fir es , la nd sl id es , p an de m ic s, an d ea rt hq ua ke s. Se rv ic e pr ov id er s ne ed to c oo rd in at e w ith th e lo ca l go ve rn m en t w he n pr ov id in g an d m an ag in g dr in ki ng w at er an d sa ni ta tio n se rv ic es (A rt ic le 2 1) . Ai m s to im pl em en t t he W at er S up pl y an d Sa ni ta tio n Ac t ( 20 22 ). Re gu la te , m on ito r an d m an ag e dr in ki ng w at er s up pl y an d sa ni ta tio n se rv ic es . It sp ec ifi es th e ro le s an d re sp on si bi lit ie s of th e th re e tie rs of g ov er nm en t on d rin ki ng w at er su pp ly a nd s an ita tio n se rv ic es (A rt ic le 3) . I t c at eg or iz es W SS p ro je ct s in to sm al l, m ed iu m , a nd la rg e, e ac h w ith a sp ec ifi ca tio n in te rm s of in ve st m en t a nd be ne fic ia rie s. T he fe de ra l, pr ov in ci al , an d lo ca l l ev el go ve rn m en t h as re sp on si bi lit ie s fo r th es e sm al l, m ed iu m , an d la rg e sc al e W SS pr oj ec ts re sp ec tiv el y. Co m m un ity in st itu tio ns or u se r g ro up s th at ai m to d ev el op a nd im pl em en t W SS s ys te m s fo r c om m un ity b en efi t sh ou ld b e re gi st er ed w ith th e lo ca l g ov er nm en t (A rt ic le 19 .1 ). Ex em pt io n fr om pe rm is si on s fo r se rv ic es re la te d to th e su rv ey , d es ig n, co ns tr uc tio n, a nd op er at io n of a s m al l- sc al e w at er s up pl y an d sa ni ta tio n sc he m e se rv in g up to 5 00 p eo pl e or w ith a b ud ge t o f ap pr ox im at el y N PR 10 m ill io n. T hi s sc he m e sh ou ld ta rg et th e ex tr em e po or , D al its , an d m ar gi na liz ed co m m un iti es (A rt ic le 15 .1 ). Co nt in ue d >> > Ar tic le 5 1.1 p ro vi de s fo r u p to a n 80 % ex em pt io n on th e co st s of in st al lin g w at er s up pl y ta ps , to ile ts , a nd s ew er ag e fa ci lit ie s fo r i de nt ifi ed po or in di vi du al s or h ou se ho ld s, an d al lo w s fo r t he ex em pt io n of s er vi ce fe es b as ed o n th e ec on om ic s itu at io n of us er s. 16 17 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Co nt in ue d G oa l/ O bj ec tiv e Th em at ic in te rv en tio n Ac co un ta bi lit y Pa rt ic ip at io n an d Ri gh ts to w at er a cc es s Ju st ic e, a nd G en de r e qu al ity & s oc ia l tr an sp ar en cy no nd is cr im in at io n in cl us io n N at io na l W at er S up pl y, S an ita tio n an d H yg ie ne P ol ic y 20 23 (2 08 0 B. S. ) Th e po lic y co m m its to eq ui ty a nd in cl us io n in th e W AS H s ec to r th ro ug h th e ex pl ic it in cl us io n of ju st ic e as on e of it s 13 p rin ci pl es . Po lic y ac tio ns re la te d to sa ni ta tio n an d hy gi en e co m m it to e ns ur in g th at in st itu tio na l a nd p ub lic to ile ts a re u se r- fr ie nd ly fo r a ll ge nd er s, c hi ld re n, se ni or c iti ze ns a nd pe op le w ith d is ab ili tie s (S tr at eg y 5. 6. 6) . Pr ov id e sa fe dr in ki ng w at er an d sa ni ta tio n se rv ic es fo r a ll by 2 10 0 B. S. w hi le a ch ie vi ng se ct or -s pe ci fic Su st ai na bl e D ev el op m en t G oa ls (S DG s) . En su re s us ta in ab le av ai la bi lit y of w at er fo r d rin ki ng , sa ni ta tio n, a nd hy gi en e pu rp os es . En su re W AS H se rv ic e de ve lo pm en t, m an ag em en t, an d de liv er y is tr an sp ar en t a nd ac co un ta bl e. Pa rt ne rs hi ps w ith m ed ia to p ro m ot e tr an sp ar en cy a nd ac co un ta bi lit y. Pa rt ic ip at io n of in di vi du al s liv in g in po ve rt y in d ec is io n- m ak in g th ro ug h ca pa ci ty -b ui ld in g in iti at iv es . N ot s pe ci fic , a lth ou gh th e pr ov is io ns re la te d to w at er s ou rc e pr ot ec tio n, g ro un dw at er re ch ar ge , a nd w at er sh ed co ns er va tio n ar e pr es en te d in th e po lic y (S tr at eg y 5. 6. 2) . Pr io rit y sh ou ld b e gi ve n to c om m un iti es w ith ou t a cc es s to c le an dr in ki ng w at er w he n pr ep ar in g m un ic ip al - le ve l W AS H p la ns (S tr at eg y 5. 6. 4) . O ne o f t he g ui di ng pr in ci pl es o f t he p ol ic y is to d el iv er e qu ita bl e se rv ic es , i nc lu di ng th e pr ot ec tio n an d pr om ot io n of h um an rig ht s, g en de r e qu al ity , an d so ci al ju st ic e (p . 3 ). En su re e qu ita bl e ac ce ss to , a nd b en efi ts fr om s af el y m an ag ed W AS H s er vi ce s an d fa ci lit ie s. In cl us io n of a W AS H u ni t i n th e lo ca l g ov er nm en t's or ga ni za tio na l st ru ct ur e. Se ct or al or ga ni za tio ns w ill b e m ad e tr an sp ar en t a nd ac co un ta bl e in th e de ve lo pm en t, m an ag em en t, an d de liv er y of dr in ki ng w at er a nd sa ni ta tio n se rv ic es . Pr om ot e tr an sp ar en cy a nd ac co un ta bi lit y th ro ug h th e 'c iti ze n re po rt in g ca rd ' a nd 'p ub lic a ud it' to ol re sp ec tiv el y. Es ta bl is h a go od go ve rn an ce h el p de sk in e ac h pr ov in ce . Pr ov id e eq ui ta bl e ac ce ss to a de qu at e an d sa fe d rin ki ng w at er , s an ita tio n, an d hy gi en e se rv ic es fo r a ll. Pr ev en t w at er po llu tio n an d pr om ot e en vi ro nm en ta l sa ni ta tio n. Pr om ot e go od s ec to ra l go ve rn an ce . Cr ea te a c on du ci ve en vi ro nm en t f or ac hi ev in g se ct or al go al s an d re la te d in ve st m en t. Co nt in ue d >> > 16 17 Water, Sanitation and Hygiene in Federal Nepal: Strengthening Local Government Actions and Citizen Rights Co nt in ue d G oa l/ O bj ec tiv e Th em at ic in te rv en tio n Ac co un ta bi lit y Pa rt ic ip at io n an d Ri gh ts to w at er a cc es s Ju st ic e, a nd G en de r e qu al ity & so ci al tr an sp ar en cy no nd is cr im in at io n in cl us io n W at er S up pl y an d Sa ni ta tio n Ac t ( 20 22 ) Pr ov id e ac ce ss ib le , c le an an d qu al ity dr in ki ng w at er an d sa ni ta tio n se rv ic es , an d m an ag e se w er ag e an d w as te w at er by re sp ec tin g, pr ot ec tin g, a nd fu lfi lli ng c iti ze ns ' fu nd am en ta l rig ht to c le an an d qu al ity w at er an d sa ni ta tio n se rv ic es . W at er s up pl y, Fe ca l S lu dg e M an ag em en t ( FS M ), sa ni ta tio n, a nd en vi ro nm en ta l co ns er va tio n. Al l l ev el s of go ve rn m en t a re re sp on si bl e to pr ot ec t, p ro m ot e, re sp ec t, fu lfi ll, a nd im pl em en t r ig ht s of c iti ze ns to s af e W SS (A rt ic le 3 .3 ). Ci tiz en s ar e re sp on si bl e fo r t he co ns er va tio n an d su st ai na bl e us e of w at er s ou rc es (A rt ic le 6 ). Pr io rit y is g iv en to th e do m es tic u se of w at er , f ol lo w ed by w at er s up pl y fo r pu bl ic , i nd us tr ia l, bu si ne ss , a nd in st itu tio na l pu rp os es . Pa rt ic ip at io n of se rv ic e pr ov id er s (e .g ., w at er u se r gr ou ps , p riv at e se ct or , e nt iti es ) i n pr ov id in g w at er se rv ic es . Th e rig ht o f e ve ry c iti ze n to s af e W SS s er vi ce s (A rt ic le s 3. 1, 3 .2 ) s uc h as th e: (i ) r ig ht to a cc es s a cl ea n w at er s up pl y; (i i) rig ht to o bt ai n ad eq ua te , cl ea n, q ua lit y w at er su pp ly re gu la rly ; a nd (i ii) rig ht to a cc es s qu al ity sa ni ta tio n se rv ic es . N o di sc rim in at io n sh al l be m ad e w he n pr ov id in g W SS s er vi ce s th ro ug h co m m un ity o rg an iz at io ns , or th e pr iv at e an d co rp or at e se ct or (A rt ic le 18 .3 ). Re co gn iz es th e pr ef er en tia l r ig ht s of in di vi du al s an d co m m un iti es to w at er so ur ce s th at th ey h av e us ed fo r d om es tic pu rp os es s in ce ti m e im m em or ia l ( Ar tic le 4 .2 ). Pr ov is io n th at al lo w s lic en se d se rv ic e pr ov id er s to o ffe r p re sc rib e