Why has Shungu Ward been without water for over 50 years? A comparative study on decentralized WASH development, human rights fulfillment, and community participation – applying Foucault's power analysis on a case study of rural Zambia.

Abstract

This study analyses to which extent the decentralized development system is adherent to the human right to water, based on how the development framework addresses Water, Sanitation, and Hygiene (WASH). The case study focuses on challenges with the Constituency Development Fund (CDF) in rural Southern Zambia, and particularly on the impact community engagement can have to combat these. The findings reveal that while the CDF framework incorporates elements of a Human Rights- Based Approach (HRBA), it falls short in areas of non-discrimination and inclusiveness. The CDF Act (2018) laid the groundwork for HRBA in Zambian development, and the CDF Bill (2023) aimed to strengthen these principles, particularly in accountability, transparency, and inclusiveness. However, rural representation remains inadequate due to inaccessible information and formulations not tailored for marginalized communities. The study also highlights challenges in WASH policies, where recent constitutional amendments in Zambia have reduced the focus on WASH, despite documented issues of water quality and accessibility in rural areas. Inconsistencies exist between the WASH coverage reported by the National Assembly of Zambia and the data from UNICEF, indicating that while coverage is high, the quality remains low, contradicting international standards for the human right to water, like General Comment No. 15 by CESCR. The research suggests that while Zambia's decentralized system aligns with HRBA in principle, it requires significant improvements in water accessibility and community participation to fully meet human rights standards. The study emphasizes the potential of community engagement, particularly through capacity-building efforts by Civil Society Organizations (CSOs), to enhance human rights fulfillment. Using Foucault’s theories on the interaction of power and knowledge, the research suggests that empowering communities with knowledge can shift power dynamics and enable the communities to hold local governments accountable, eventually leading to fulfillment of their human rights.