More needs to be done for marginalised groups despite reforms in the sector

THE water sector reform implemented in 2006 reorganised the institutional framework at the federal level and benefited some states, says United Nations Special Rapporteur on the human rights to safe drinking water and sanitation Léo Heller who was in Malaysia recently.

It ensures provision, regulation and funding for both water and sanitation but more needs to be done for neglected groups, he says.

“The persistence of this situation indicates that the government needs to have more targeted policies in order to include the neglected and those living in harder-to- reach areas.”

Heller says that the regulatory strategy currently in place at the federal level is adequate – the development of three-year plans by service providers and the performance monitoring attached to the delivery of institutional support – but this does not cover all water and sanitation services, particularly in states where the National Water Services Commission (SPAN) does not have a role.

As Sabah and Sarawak decided not to be part of the 2006 institutional water reform, the federal mechanisms for the provision, funding and regulation of water and sanitation services and bodies such as Water Asset Management Company (PAAB), custodian of water assets only cover Peninsular Malaysia.

Currently, Indah Water Konsortium (IWK) operates sewerage and wastewater treatment in Peninsular Malaysia except for Kelantan and two districts in Johor. SPAN also only covers Peninsular Malaysia and the federal territory of Labuan.

With Sabah and Sarawak retaining their own institutional framework, Heller says this would result in a limited federal support to bridge the gaps of the rural areas in the two states and the states in the peninsula.

Heller proposes that the federal government holds dialogues with state governments to harmonise water and sanitation service regulation in the country by the setting up of bodies that are independent from the service provider.

It is essential that the federal government assess whether the absence of a federal body in the provision of sanitation services in some states has impacted the quality of services, he says.

“This assessment should be the fundamental guideline for a stronger support to services of sewerage and individual sanitation solutions to those states.”

He adds, the federal government could allocate more financial resources specifically dedicated for the improvement of their water and sanitation services through grants until they reach a certain level of services and coverage.

Since the level of services in Sabah, Sarawak and Kelantan are lower than in the rest of the country, Heller says that the government must also implement focused policies that include sufficient and sustainable funding for those states.

The federal government could allocate more financial resources specifically dedicated for the improvement of their water and sanitation services through grants until they reach a certain level of services and coverage, he says.

On another note, Heller says that in view of SPAN undertaking studies to restructure the tariff scheme, it is important to ensure financial sustainability of services.

He says that the government must be mindful of the needs of those with low capacity to pay.

“To ensure they are not denied access to water and sanitation services, I recommend the government to implement mechanisms of social tariffs and/or different types of cross-subsidization, including from industrial consumers to residential users,” he says.

He says the current procedure of providing 20 cubic meters free implemented by some states is a way to address affordability but it should target more, specifically the B40 group and other marginalised groups.

Heller also said that disconnection of services due to the inability to pay is a violation of human rights and urges the government set up legal mechanisms to prohibit the practice but carry out a survey looking into the reasons for disconnections.

Although the 24,000 disconnections per month on average for the entire country in the total of 6.9 million domestic connections is low in proportion, it is possible that a new tariff setting can aggravate this trend, he says.