INTRODUCTION September 25th 2018 marked the 3rd anniversary of the inception of Agenda 2030 and its 17 Sustainable Development Goals. This occasion was celebrated simultaneously across the globe by governments, civil society organizations, professional associations, Corporations, development partners, women's groups, persons with disability, youth and the minority groups. Tagged the Global Day to #Act4SDGs, it mobilised multi-stakeholders, connected and amplified the impact of local and global actions for the SDGs, and encouraged a global movement for the achievement of SDGs. The occasion was significant as it coincided with an age long push for the National Water Resources Bill before the Senate of the Federal Republic of Nigeria.
POSITION PAPER ON THE
NATIONAL WATER RESOURCES BILL BEFORE
THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA Abuja, 25th September, 2018
How have we faired in the last three years in the implementation of SDGs in Nigeria? It is sad to note that according to The World Poverty Clock, Nigeria, with 86.9 million poor people, has overtaken India as the world's poverty headquarters. This figure translates to nearly 50 per cent of Nigerians suffering from poverty. According to Action Against Hunger, Nigeria, especially northern Nigeria, suffers the world's third highest level of chronic under nutrition among children, and this is exacerbated by “lack of access to safe water and sanitation, rising food insecurity, the disruption of basic services due to conflict, and poor knowledge of healthy feeding practices for infants and young children�. A new national survey has shown that about 130 million Nigerians live without access to improved sanitation even as it revealed that Nigeria loses N455 billion (U$1.3 billion) annually due to poor sanitation (Vanguard on line: Sept. 22, 2018). Achieving the SDGs is highly dependent on the political will of our leadership. Governments at all levels only need to walk the talk and stop paying lip service to development issues. Although all the 17 goals are important, they however do not have equal weight. Prioritising the goals is necessary because it is obvious government may feign not having enough the resources to bring about the realisation of the 17 goals by 2030. Whereas Nigeria has the resources, it has all it takes to attain SDGs. Unfortunately, self-centeredness coupled with endemic corruption have been the bane of our development over time.
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property…[and] natural resources” including water (Goal 1 Target 4). Good health and well-being (Goal 3) can be achieved in our community with availability of quality and quantity water supply and good sanitation thus partly achieving Goal 3 of the SDGs. Ending the epidemics of water borne diseases and other communicable diseases cannot be realised without ensuring the availability and sustainable management of water and sanitation for all (Goal 6). In similar vein, achieving Goal 4 is linked to some extent with achieving Goal 6. Experience has shown that some pupils often go late to school as they need to trek far distances looking for water for domestic use before going to school while some absent themselves from school simply because they could not have access to water in good time. We have had cases of girls who often do not go to school because the school lacks water facilities to use during their menstrual period and only go back thereafter. As a result, it may be hard for “all girls and boys to complete free equitable and quality primary and secondary education leading to relevant and effective learning outcomes” (Goal 4: target 1). Water is even linked to other sectors of the economy.
Location Map of Nigeria showing 8 Hydrological areas. Source: JICA NWRMP 2011
WATER GOAL LINKED TO OTHER GOALS OF THE SDGs One of the Goals that need to be prioritised is Goal 6 which mandates the governments to ensure availability and sustainable management of water and sanitation for all. The second target of that goal encourages government to provide access to adequate and equitable sanitation and hygiene for all, and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations. This goal is associated with the realisation of some other goals. For example, poverty and hunger (Goals 1 and 2 of the SDGs) affecting the critical masses of the citizens could be linked to lack of access to clean water which invariably affects nutrition. Some Nigerians, in particular, the poor and the vulnerable do not “have equal rights to economic resources as well as access to basic services, ownership and control over land and other forms of
NATIONAL WATER LEGISLATIONS AND NATIONAL WATER RESOURCES BILL Nigeria in the past has some national water legislations which include: River Basin Development Authorities Act 1987; National Water Legislation (1993); the Water Resources Act CAP. W2 LFN 2004; Water
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INTERGRATED WATER FRAMEWORK
Resources Institute Act. Cap. N83 LFN 2004; Nigeria Hydrological Services Agency (Establishment) Act, 2010.Water Use and Licence Regulations, 2016; and pending National Water Resources Bill. Those laws are realised to have many demerits. They did not provide the institutional arrangements for its implementation and was manned by River Basin Development Authorities which were themselves service providers. There is one found to be rather too general to deal with water problems of transboundary Rivers and the 36 Nigerian riparian States. In addition, some were not developed using the Integrated Water Resources Management (IWRM) approach to Water Resources Development and Management. Some also have the lacuna of not spelling out a Regulatory Agency for the Sector, bearing in mind that fresh water is finite and vulnerable, but necessary for life, socio-economic development and sustainable environment. Its effective and holistic management is therefore critical.
awareness even at the state level as this is seen as a federal bill. There should be enough education and awareness especially on the roles and responsibilities of the federal level agencies including RBDA against the role of the communities, LGAs and State level agencies so as to prevent conflict of interests. MERITS OF THE NATIONAL WATER RESOURCES BILL In fairness, the benefits of the bill outweigh its demerits. The importance on water in national development has been summarized in the statement that emanated from the UN Budapest Water Submit of 11th Oct, 2013 viz; “A sustainable World is a Water-Secured World�. Consequently for a nation, a sustainable nation is a water–secured nation. The bill when passed is going to be a compendium of all water related bodies which are already in existence as the National In-Land Water-ways and National Water Resources Institute, Kaduna. In implementing the principles under subsections (1) and (2) of the bill, the institutions established under this Act shall promote integrated water resources management (IWRM) and coordinate the management of: economic development, social welfare and environmental sustainability; land and water resources; surface water and groundwater resources; the river basins and adjacent marine and coastal environment; and upstream and downstream interests.
Now comes the National Water Resources Bill which the House of Representatives has passed and yet to be passed by the Senate of the Federal Republic of Nigeria. It is an Act to provide for the equitable, beneficial, efficient and sustainable development, management, use and conservation of Nigeria's surface and groundwater resources; to establish institutional arrangements for Nigeria's water resources sector, to regulate the water resources sector and other matters connected thereto. Though the bill may have its pitfalls, the import and benefits of the bill are what one needs to consider. For example, some people opine that though the bill provides for borehole drilling by River Basin Development Authorities (RBDA) in communities of the States, boreholes would be drilled without the engagement with the communities, LGAs and State level agencies. Meaning that there might not be enough consultations before action is taken, and this is against the spirit of inclusiveness that Agenda 2030 preaches. The Bill should be made to compel RBDAs and other federal agencies providing water and sanitation services within their areas of jurisdiction to carry the States and LGAs along in their plan so that the state apparatus can build community management structure into the plan and include such communities in their investment plans as captured in the monitoring system of the state. The Bill is also criticised as largely a water resources bill while the issue of water, sanitation and hygiene (WASH) seems to be relegated. If there can't be a separate bill to address WASH, WASH should be factored into this bill. There also seems not to be enough
Other benefits of the National Water Resources Bill include: 1. Integrated approach for better water resources management for all users to improve their livelihood in the state in terms of agric, domestic and industrial supply and sanitation for good health. 2. Identification and harmonization of stakeholders' responsibilities with a view to increasing coverage and water resources quality control. 3. Opportunity for the State Governments to key into and take advantage of funding from FGN through Water Investment Mobilization and Guidelines (WIMAG). 4. Improvement on the water resources development through effective control of over extraction. 5. Addressing conflicting issues amongst stakeholders in the water sector usage and effective regulation of the sector surface and underground water. 6. Improvement in the revenue drive of the water sector.
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The state governments would be able to meet the multilateral Institutions and International Development Partners' conditionalities and prerequisite for financial support. Tendency to meet some of the targets of the SDG 6 on water and sanitation and realising some of the other Goals before 2030.
understand its importance to water management so as to reduce the risks of environmental hazards as we are witnessing these days. We encourage the Senate in pushing for the successful passage into law the National Water Resources Bill, and in pressuring governments “Towards safe, adequate and sustainable water supply services and sanitation for Nigerian people�. ABOUT CSCSD Civil Society Coalition on Sustainable Development (CSCSD) envisions a society whose centre-stage is justice, peace, fulfillment of human rights and development in all ramifications. CSCSD, in partnership with other civil society, the poor and the marginalized, the donors, the development partners, and international community, aims at pressuring governments and other stakeholders to account to SDGs and give the lives of people a meaning through upholding justice, human rights and development. For more information about CSCSD write tola.winjobi@cscsdev.org , call 08030618326, or visit www.cscsdev.org Wanting to join the largest SDG coalition in Nigeria, please fill this form by clicking: https://goo.gl/forms/9YRQ0KeE0bwVWSzq1
WATER VISION CROSS CUTTING BENEFITS OUR POSITION AND PLEA The Civil Society Coalition on Sustainable Development is ready to partner with Federal Ministry of Water Resources, NIWRMC and other relevant stakeholders to ensure the bill is understood by the senate and passed within this 8th Assembly. We implore the Senate to understand the importance of the bill in contributing towards the socio-economic development and ecosystem sustainability of our country. The Senate, taking a cue from the House of Representatives that has passed it into law with due consultations with stakeholders, should know that passing the bill into law is for the benefit of all Nigerians towards effective, efficient and sustainable water resources management and contributing to the realization of the SDGs. We are ready to further create more awareness on the bill and by sharing the bill to other stakeholders to know the content and 7
Civil Society Coalition on Sustainable Development
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