The International Covenant on Economic, Social and Cultural Rights The draft water act currently under consideration in Bangladesh does not explicitly recognize water or sanitation as human rights, despite the State’s frequent international, regional and domestic commitments in this regard. The current draft, dated December 2008, has reportedly not been the subject of wide consultations, and would require such inputs before its adoption. Key elements that especially need to be addressed include the integration of a human rights perspective concerning safe drinking water, including a special focus on the most marginalized and excluded groups and setting a framework for an unambiguous pricing policy that aims for sustainable cost recovery while ensuring access for the most vulnerable. With regard to ensuring compliance with national laws and policies her report highlights: Independent and effective regulation of the water supply and sanitation does not currently exist in Bangladesh, and is urgently needed to ensure compliance with the numerous laws and policies in place. Without several institutional and operational reforms, however, regulation will be ineffective. There is a need for better harmonization of work among the different ministries and water supply and sewerage authorities, as well as inside the departments of the Ministry of Local Government, Rural Development and Cooperatives. The clear definition of responsibilities is crucial for ensuring accountability. While acknowledging the effort of NGOs, the report observes: Non-governmental organizations play an important role in extending access to water and sanitation in Bangladesh. While the expert welcomes the role of civil society organizations, concerns were raised that, in some cases, the activities of certain organizations seem to have replaced the traditional role of the Government. Civil society organizations have accumulated a wealth of experience in innovating new approaches and reaching the most vulnerable populations, and thus must remain primary partners with the Government in addressing the issue of access to safe drinking water and sanitation. The expert recalls, however, that the ultimate obligation to respect, protect and fulfill human rights lies with the Government, and that it cannot delegate this obligation. 48 Climate change is also having a serious impact on water quality, with rising sea levels resulting in increased water salinity. Seasonal changes also affect water availability (little water is available in the dry season) and quality (flooding leads to the presence of numerous pollutants in the water). Furthermore, the network itself must be upgraded to ensure that water does not become contaminated when it travels from the water source to the tap, since old pipes are reportedly lined with asbestos. Water quality is also seriously threatened by the lack of treatment and adequate disposal of wastewater. Water quality is a serious problem in Bangladesh. Arsenic in the groundwater and the pollution of surface water jeopardizes the safe use of water sources. These quality issues create de facto water availability problems for a country which otherwise has an abundant supply of water. In Bangladesh, near universal access to drinking water was attained by the mid- 1990s. However, the discovery of arsenic in the drinking water, especially in water coming from shallow-tube wells, reduced the number of people with access to safe drinking water, now reported at between 70 and 80 per cent. Twenty-six per cent of the population reportedly suffers from the effects of arsenic in the drinking water, which has long-term health consequences. UNICEF estimates that more than 1 million people are at risk of death from decades of exposure to arsenic. The Government has adopted the Policy for Arsenic Mitigation (2004), but its implementation is allegedly poor. The Government has made efforts to test many wells in the country and to mark those that are contaminated. Important awareness raising efforts have also been made, with the result that now four fifths of the population are aware of the danger posed by arsenic in the water. However, concern was expressed that the system of marking the wells is not always clear for people with intellectual disabilities, and more efforts are needed to ensure that these people do not drink arsenic-contaminated water. Arsenic poisoning is readily apparent; lesions appear on the skin, resulting in social stigma, especially for women suffering from arsenicosis. Awareness raising efforts have been helpful to address this stigma, but they must be sustained as the stigma persists. Furthermore, although people might be 49