Institutional arrangements for regulating non-sewered sanitation (NSS)

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  • paresh
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Institutional arrangements for regulating non-sewered sanitation (NSS)

This post is regarding 2nd of the 4 thematic papers that emerged from presentations as FSM5. The thematic papers are available here:  https://www.susana.org/en/knowledge-hub/resources-and-publications/library/details/3741

Until recently, NSS was left to unregulated efforts of users and private service providers. However, things are starting to change with imminent shift from uncoordinated, unregulated, informal service to formal management. This paper ("2. KE Regulating FSM-Emerging approaches - Regulating FSM: Emerging approaches." see here  on page 18) suggests that it is helpful to distinguish regulating containment systems and users' behaviour (essentially what happens in private sphere) from regulating service providers (what happens beyond the private sphere).

A wide variety of regulating arrangements were presented at FSM5, they included
  • Stand-alone (independent) regulators
  • National departments or ministries with a regulatory function
  • Sub-national authorities oversee activities of local authorities
  • Local authorities enforce building regulations, etc. They currently play
  • primary regulatory role in NSS 
The questions that arise are
  1. Do you agree to the need of disaggregating the sanitation service chain for regulation?
  2. Could there be other ways of disaggregating the service chain regulation?
  3. Will the institutional arrangements for regulation vary depending on how the NSS chain is disaggregated for the purpose?
  4. What other factors would determine the institutional arrangements for regulating NSS?
Please feel free to add examples ofregulation arrangements you know of.

Regards
paresh
Paresh Chhajed-Picha
Researcher at Indian Institute of Technology - Bombay, India
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  • Elisabeth
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Re: Institutional arrangements for regulating non-sewered sanitation (NSS)

Thank you for bringing that paper to our attention. I just had a quick read through it and found it jam packed with useful information.
See here from page 18 onwards:
KE Regulating FSM-Emerging approaches - Regulating FSM: Emerging approaches.

I found the section on regulatory tools helpful (and a bit intimidating! So much to consider!):

• Policy typically informs legislation, which makes the policy legally binding.
• The legal framework spells out how policy objectives will be met, by whom and with what resources. 
• By-laws, ordinances, local regulations and decrees are local laws established under the jurisdiction of local authorities, in line with state / provincial or national legislation
• Legislation often makes reference to standards, or includes them as a technical annex to legislation or a contract.
• Technical specifications often elaborate on standards in more detail.
• Building codes are specific regulations for construction.
• Guidelines provide information on how to comply with policy, legislation or standards. 
•  Licences stipulate the conditions underwhich a service provider will operate, and may delineate their area of operation (Lusaka, Nairobi).
• Permits provide prior approval for activities like building construction or discharging effluents
•  Contracts specify the terms and requirements of a legally-binding agreement
• SOPs (standard operating procedures) specify the required methodology for undertaking an activity, such as desludging a pit or septic tank

Paresh: you spoke about "disaggregation the service chain". What did you mean by that? The paper doesn't mention this term.

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Elisabeth
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Dr. Elisabeth von Muench
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