Accountability is a key element of achieving the human right to water and sanitation, but what does it mean? We have explained one way to support this through a case study in our African publication in Chad whereby we cite the national legislation and a project where it is demonstrated.
The law in Chad states that non-state actors, such as service providers, businesses, and agricultural organisations, must recognise the environmental impact of their actions. It provides for a consultative approach, supported by a practical regulatory framework, to allow communities to engage in decision-making and voice grievances with timely responses. This accountability framework helps to protect people’s right to safe drinking water and a healthy environment. As climate change intensifies, and water becomes more scarce, managing water resources responsibly is a concern for the whole community.
People can be engaged in the process through a range of processes, but the most effective results can be achieved through an active grievance process where complaints are sensitively redressed. Service providers should also be monitored for their handling of complaints
Key Legal Protections for Accountability:
- Remedies to file complaints or access justice
- Monitoring of water and sanitation providers
- Appeal against decisions of service providers
- Protection of rights to freedom of expression and peaceful assembly
These measures help to ensure that accountability is upheld, empowering communities to advocate for their rights.
Case Study: Chad – Accountability in Water Supply and Sanitation
Figure 1. AfDB project in Chad
The AfDB project ‘Drinking Water Supply and Sanitation Program in Semi-Urban and Rural Areas’ (PAEPA SU MR2) aims to improve living conditions in Chad by providing access to clean drinking water and sanitation across eleven regions. This program integrates accountability measures to ensure transparency and effectiveness, as outlined in Article 52 of Chad’s Water Code.
Key to this accountability is the Directorate for Monitoring the Operation of Hydraulic Works (DSEOH), which oversees the management, maintenance, and operation of water and sanitation infrastructure.
The DSEOH ensures that the works meet engineering standards and is involved in supervising equipment rehabilitation operations in collaboration with local institutions. Additionally, they monitor rural water supply facilities through networks of artisan-repairers and spare parts shops.
A major accountability element is the transfer of water facilities to local authorities, ensuring local ownership and responsibility. If a water service operator fails to meet its obligations, the Minister responsible for water, in consultation with the Regulatory Body, can impose measures, such as:
- Issuing an injunction to enforce contract compliance
- Imposing penalties or damages
- Authorising another entity to manage the service
- Direct state management of services at the operator’s expense
- Terminating the delegation contract
These measures ensure that operators are held accountable. Although the Water Code provides these options, it does not clearly outline the procedures for appealing decisions by service providers, leaving some gaps in the legal recourse process. However, any action taken may be subject to annulment through the courts, allowing for some level of judicial oversight.
Figure 2. Water infrastructure
This case study highlights how accountability is woven into Chad’s efforts to improve water access, ensuring that service providers are held to their commitments while allowing for community involvement and state intervention when necessary.
