An integrity talk between water and sanitation regulators from Eastern and Southern Africa and Latin America
Regulation plays a critical role in ensuring that water and sanitation services are delivered to all in a manner that is equitable, efficient, inclusive, and sustainable. Water and sanitation sector regulators hold service providers accountable and coordinate interactions between policymakers, service providers, and users.
They also face a broad range of integrity and corruption-related risks, both internal to their organisations or in the entities that they regulate. A response requires regulation for integrity and regulation with integrity.
Regulating for integrity means establishing regulations that ensure honesty, transparency, accountability, participation, and ethical behaviour in regulated entities.
Regulating with integrity focuses on how regulatory bodies themselves operate, ensuring they embody the same standards of transparency and accountability that they promote.
This is a summary of an Integrity Talk, organised with the Eastern and Southern Africa Water and Sanitation Regulators Association (ESAWAS) on October 23, 2024, looking at these emerging aspects of regulation with a focus on Eastern and Southern Africa and Latin America.
With special guests:
Robert Gakubia, Supervisory Board Member of WIN and former CEO of WASREB (Kenya)
Yvonne Magawa, Executive Secretary of ESAWAS
Chola Mbilima, Senior Financial and Commercial Inspector of NWASCO (Zambia)
Diego Polanía, former Executive Director CRA (Colombia)
José Miguel Kobashikawa Maekawa (Director of Audit Authority, SUNASS (Peru)
Moderated by Kelly Acuña, Water Integrity Network (WIN).
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Key takeaways for water and sanitation sector regulators
Water and sanitation sector regulators set the tone for integrity: The commitment of regulatory bodies to accountability, transparency and ethical practices directly impacts sector-wide integrity. When regulators lead by example, service providers are more likely to align with integrity standards, fostering trust across the sector.
Clear accountability frameworks build public trust: Effective regulatory frameworks require clear responsibilities and well-defined accountability mechanisms: from clear and monitored performance objectives, to enforced measures addressing deviations or ensuring compliance.
User engagement ensures equitable service delivery: Involving users in decision-making processes contributes to fairer, more effective services in response to genuine needs.
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A culture of integrity for the sector, for trust and sustainability
Robert Gakubia: Accountability frameworks are essential to aligning the interests of service providers with the public good. For example, through clear performance objectives and rigorous monitoring, water and sanitation sector regulators can ensure that the resources dedicated to water and sanitation are used effectively and equitably, rather than lost to inefficiencies or misuse.
Beyond these measures, integrity requires proactive engagement and collaboration with both service providers and the communities they serve. By actively engaging communities in the regulatory process, regulators can ensure that the needs of the public are directly represented and addressed. This engagement is key to maintaining accountability, as it encourages providers to act in ways that genuinely reflect community interests and discourages behaviour that could undermine public confidence in the system.
Yvonne Magawa: Regulating for integrity in water and sanitation means that we are not just telling providers what to do but ensuring they are equipped and motivated to do so in ways that build public trust. This approach also requires a commitment to engaging users in the regulatory process, providing them with channels for participation and feedback.
Ultimately, regulating for integrity fosters a culture of honesty and responsibility that protects essential services from corruption and mismanagement, ensuring they reach those most in need.
Regulating with integrity, on the other hand, focuses on how regulatory bodies operate within their own organizations, ensuring they embody the same standards of transparency and accountability they promote.
By fostering integrity, we create an environment where water and sanitation service providers and communities alike can rely on the regulatory system. This trust hinges on regulators having the independence and authority to implement and enforce integrity measures that safeguard against corruption and ensure service quality. For instance, by enforcing policies that require clear documentation, transparent data management, and public reporting, regulators can help build an ecosystem where transparency is the norm.
“Regulators serve as the foundation upon which trust in the sector is built”
-Yvonne Magawa (ESAWAS)
José Kobashikawa: Water and sanitation sector egulators must prioritise transparency in our own decision-making processes and ensure accountability to stakeholders, including service providers, policymakers, and the public.
It’s all about creating a regulatory culture where integrity is central, not just in policy but in every aspect of operations. This includes clear accountability for regulatory decisions and robust safeguards against conflicts of interest, which not only enhances trust but also ensures that decisions are made in the best interest of the public.
Diego Polanía: Regulators must set an example by upholding the highest standards internally, which in turn reinforces their credibility when enforcing integrity in the water and sanitation sectors.
“If we, as regulators, do not model integrity, it undermines our authority and the very standards we seek to uphold”
–Diego Polanía (CRA)
Chola Mbilima: It is important that regulatory frameworks not only address present needs but are adaptable to future challenges. As water and sanitation demands grow, so too must the systems that ensure their equitable and ethical delivery. Regulators have a responsibility to stay ahead of sector changes, developing flexible integrity frameworks that continue to uphold ethical standards even as the sector evolves.
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Examples of regulation for integrity – Kenya, Peru, and Colombia
Robert Gakubia: In Kenya, the Water Services Regulatory Board (WASREB) has established performance-monitoring systems to hold service providers accountable. Clear performance indicators and public reporting requirements have improved transparency, enabling both the public and regulatory bodies to monitor service quality and resource use. These frameworks align provider incentives with public interests, showing that integrity measures are about compliance and creating value for communities.
José Kobashikawa: In Peru, the national sanitation regulator (SUNASS), addresses water affordability and accessibility through community engagement and strict anti-corruption measures. Involving local communities in decision-making has been key to SUNASS’s success. By integrating public consultations and transparency in data sharing, SUNASS has been able to tailor services more effectively to meet community needs while reinforcing trust.
“We actively listen to communities, which helps in identifying and addressing integrity risks early on. Meaningful engagement fosters public ownership and reduces risks of corruption”
–José Kobashikawa
Diego Polanía: The Water and Basic Sanitation Regulatory Commission of Colombia (CRA) has incorporated financial and operational audits. These audits are designed to detect mismanagement and to build a framework for continuous improvement. However, audits do more than ensuring compliance with the law, they also identify areas for improvement to strengthen management.
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Challenges for integrity-focused regulation, and how to address them
Chola Mbilima: One of our major challenges is limited resources of regulatory bodies. Many regulators operate with constrained budgets and staff shortages, making it difficult to maintain rigorous oversight. This can hinder implementation and enforcement of integrity measures, especially in regions where the demand for water and sanitation services is rapidly increasing. Partnerships with local and international organisations can alleviate some of these constraints with technical support and expertise, but challenges remain.
Yvonne Magawa: Another significant challenge is the resistance to change among service providers and, in some cases, within regulatory organisations themselves. Integrating accountability and transparency measures requires a shift in practices and culture, which can be met with reluctance or even opposition.
Nevertheless, there is an opportunity here for education and capacity-building, for example, by providing training sessions on integrity and ethics. This can foster a sense of ownership and responsibility among service providers. Building these skills helps create a culture where all parties are invested in upholding integrity.
Robert Gakubia: It is difficult to combat corruption, particularly in regions with a history of governance issues. While this challenge can seem overwhelming, it also presents a critical opportunity for transparency initiatives and community engagement.
By establishing mechanisms that allow the public to report issues and access information, regulators can create an environment where corruption is more easily detected and addressed. The public is an invaluable ally in maintaining accountability and accessible reporting channels empower communities to take an active role in ensuring integrity.
Diego Polanía: There are many regulators that have implemented adequate internal processes that strength transparency and prevent malpractices. The challenge is that these processes are not visible to the public. Regulators can do more to make information easily accessible to the public by creating platforms and spaces to showcase what regulators are doing and generate trust (e.g, updated websites, periodical reports, public consultations, etc.).
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