LRPS-2024-9193519 - to provide services for Review of Policy, Legal and Institutional Frame works for Groundwater Dhaka for national level advocacy and Gazipur Industrial areas under Gazipur sadar up

 

Terms of Reference (ToR) for Institutional Contract

(Avobe USD 10,000)

 

Title

Review of Policy, Legal and Institutional Frameworks for Groundwater Governance in relation to surface water in Bangladesh 

Purpose

The main objective of this assignment is to strengthen the water governance system in industrial zone through a participatory appraisal of the existing policy and legal instruments and evaluation of the current practices against the existing norms and standards. Along with identifying the main threats, it also entails creating policy and advocacy briefs to help advance policy dialogues towards the sustainable management of groundwater in relation to surface water and its equitable usage.

 

Location

Dhaka for national level advocacy and Gazipur Industrial areas under Gazipur sadar upazila, Gazipur district

Estimated Duration

5 months starting from November 2024 up to March 2025

Reporting to Technical Supervisor of this assignment

WASH Specialist, WASH Section

 

1. Background

Bangladesh's abundant water resources offer significant potential across multiple sectors, contributing to the country's economy, food security, resilience, growth, and development. Yet the sustainability of this resource is marred by challenges – from arsenic contamination affecting millions to the impact of climate change leading to salinity intrusion in coastal belts and declining water table in the Barind Tract and to the increasing competition for portable water in most urban centres owing to rapid pollution growth driven by urbanization and industrialization. Furthermore, the overdependence on groundwater for drinking, domestic use, irrigation, and industrial production further exacerbates this situation. In rural areas, over 90 percent of people rely on groundwater for drinking, while over 85 percent of the extracted groundwater in Bangladesh is used in the industry and food production sectors (Shamsudduha et al., 2019). This unplanned and unregulated use of groundwater is pushing this resource to the brink, threatening its long-term availability and accessibility and the life and livelihood of the population.  

As the country progresses to a middle-income country with expanding industries and urban centres, this means more pressure on groundwater owing to higher abstractions, diminished recharge, and increasing pollution. Industrial areas in Bangladesh are fast becoming hotspots, and in recent years, there have been growing ecological and public health concerns associated with environmental degradation and pollution. For example, in Gazipur City Corporation, a vibrant economic hub in Bangladesh, the rapid pace of industrialization and urbanization has led to significant stress on Gazipur's groundwater resources, both in terms of quantity and quality. The increasing demand from the textile and leather industries is driving unsustainable extraction rates, causing the water table to fall steadily. This depletion is further exacerbated by a diminishing recharge rate attributed to changing rainfall patterns and increased impervious surfaces due to urbanization. Additionally, managing effluent (wastewater) is a major concern in an industrial area since it has a direct impact on both surface and groundwater. 

There is growing concern amongst the boards and investors in most of these industries, and they demand that the government should work closely with industry stakeholders to promote sustainable practices, such as water-efficient production processes, groundwater management associated with surface water, waste management and effluent treatment, and provide incentives for industries that adopt sustainable practices and penalties for those that do not. These measures, they say, will make their business environment both viable and responsive in the long term, in terms of profitability and in preserving the health and safety of the communities hosting their facilities and housing their workforce. They argue that this will enable them to meet both local and international standards and conventions on sustainable industry practices. They also express concerns that if the current trend is not interrupted, it will expose them to reputational risks and endanger their investments, especially as it concerns the long-term availability of water resources, which is a critical input for their operations.  

The existing laws in Bangladesh mandating the installation of effluent treatment plants (ETPs) in industrial facilities have not been effectively enforced. Strengthening regulations and ensuring compliance are crucial steps to prevent further pollution of groundwater resources. This includes imposing stricter penalties for non-compliance and increasing oversight of industrial activities. The industries in Gazipur must adopt sustainable practices to mitigate their impact on groundwater resources. This includes recycling and reusing water within production processes, reducing water consumption, and treating effluents before discharge.  

While considering the situation in Gazipur as a case in point to demonstrate how poor management of groundwater resources is leading to many unwanted outcomes, it is important to use this evidence to come up with recommendations and actions to strengthen and improve the overall groundwater governance in Bangladesh.  

Bangladesh Water Act 2013 provides a framework for water resource management in Bangladesh, encompassing both surface water and groundwater. It aims to ensure the rational and equitable distribution of water resources, prevent, and control water pollution, and protect aquatic environments. The National Water Policy 1999 equally outlines the principles for water resource development and management and emphasizes sustainable use, equitable distribution, and community participation in water management. However, the institutional arrangement for groundwater management in Bangladesh remains nascent.  

The Bangladesh Water Development Board (BWDB) is responsible for water resource development. It provides technical and institutional support for water management projects, including groundwater. At the same time, the Department of Public Health Engineering (DPHE) focuses on drinking water supply and sanitation services, including managing deep and shallow tube wells and conducting groundwater monitoring to inform sustainable use. The Local Government Institutions (LGIs) play a role in managing local water resources and have responsibilities under national policies and acts to oversee and implement groundwater management at the local level.  

The Bangladesh Water Act 2013 established the National Water Resources Council (NWRC), headed by the Prime Minister, as the apex decision-making body for managing water resources in Bangladesh. The national council has all government institutions that depend on water resources in one way or another to support their operations as members, with the Ministry of Water Resources as the secretariat. An Executive Committee functions as the technical arm of the NWRC and performs advisory functions to the NWRC. The Ministry of Water Resources heads the Executive Committee, while the Bangladesh Water Resources Planning Organization (WARPO) serves as the secretariat. While WARPO is perceived as the technical agency that oversees the implementation of most parts of the Water Act towards setting standards and driving compliance, it has limited powers, making it difficult for it to act proactively and swiftly.  

For example, while WARPO is responsible for developing the National Water Resources Plan, it has no mandate to implement or enforce the implementation of any part of the plan, no matter how lofty. While the idea of absorbing WARPO from project implementation is good, limiting its role to issuing clearance certificates to projects other agencies intend to do without being able to insist on implementing the Water Resources Plan puts WARPO on the back foot.  

Another bottleneck to advancing water governance in the sector is the fact that the members of the executive committees charged with the implementation of the Water Act are themselves the heavy users of water resources, thus creating the paradox of being the judge and the jury. The decision-making process prescribed by the Water Act does not make for agility. For example, the decision to penalize an entity that has defiled a compliance order lies with the NCWR, except where such power has been delegated to a lower authority.  

There is also weak coordination amongst agencies in managing and developing water resources for various uses. For example, while WARPO can conduct compliance on the lowest safe yield for groundwater extraction, the role of monitoring effluent quality and pollution of water resources is with the Ministry of Environment. The Water Act has not explicitly provided WARPO with the authority to generate data/evidence to inform their decision. However, such powers may be deduced based on their role in the development of water resource plans. In view of the above lack of clarity and overlaps, a robust review of the legal and institutional frameworks of water governance is required; thus, there is a need for this consultancy.  

 

2. Objectives, Purpose, and Expected Results

The main objective of this assignment is to strengthen the groundwater governance system associated with surface water in industrial zone through a participatory appraisal of the existing policy and legal instruments and evaluation of the current practices against the existing norms and standards. Along with identifying the main threats, it also entails creating policy and advocacy briefs to help advance policy dialogues towards the sustainable management of groundwater in relation to surface water and its equitable usage.

The following specific objectives shall ensure that the main objective is achieved: 

• Review of existing international/national laws, policies, guidelines, and strategies to propose integrated and comprehensive management and protection policies and actions for water resources governance. 
• Conduct sector institutional bottleneck analysis to access and review current institutional arrangements, roles and responsibilities and come up with recommendations for eliminating the existing bottlenecks and enhancing collaborations toward improved management and protection of water resources specially groundwater 
• Development of advocacy briefs and constructive consultation with stakeholders to raise awareness and strengthen institutional capacity for groundwater governance. 
• Facilitate policy dialogue on improving policy, legal and institutional frameworks for collaborative actions to improve Groundwater Governance in relation to surface water.

Expected Results

Groundwater governance system in Gazipur industrial zone is strengthened through policy review and gap analysis followed by policy briefs and advocacy notes to facilitate policy dialogues toward equitable use and sustainable management of groundwater resource for fulfilling domestic, agricultural, industrial and environmental needs. 

3. Description of Assignment

The scope of the assignment will be, but not limited to, the followings: 

1. Conduct bottleneck analysis and mandate mapping:  

• A review of the existing policies, legal instruments and administrative protocols guiding sustainable management of water resources, which must ensure that its use today does not compromise its availability or quality for future generations.
• Institutional bottleneck analysis and mandate mapping will be used to understand the roles and responsibilities of organizations, particularly in the context of the Water Act 2013 and the National Water Sector Policies, programme strategies, and governance. This analysis will examine the structures, functions, and interactions between agencies and institutions in the sector within the context of water resources management. This analysis will help shed light on the institutions' operational modalities, interaction with each other, and how roles and responsibilities are defined in line with water resources management and protection. Some of the steps for this analysis will include analysis of legal and regulatory frameworks, mapping of institutions and their mandates, examining the structural arrangement and possible overlaps, institutional and organizational health diagnosis, bottleneck analysis and evaluation of performance. These will help clarify the roles, functions, and relationships in terms of principles and practice and provide recommendations for improvements where there are gaps. 
• Develop clear standards, such as sustainable withdrawal limits and implementing conservation measures.

1. Development of Policy and Advocacy Briefs to facilitate discussions and inform decisions on groundwater governance in the sector. 

1. Findings from the various assessments and analyses will be used to develop a comprehensive brief on the status of the existing policy and legal instruments, existing bottlenecks to the implementation of the exitance laws, norms, and standards and as well as proffer recommendations on actions and steps that will be required to improve on the current practices and drive compliance at all levels. This will be done in close consultation with the industry actors, the host communities, government agencies, and other stakeholders alike to ensure that the briefs represent the views and opinions of the stakeholders in line with both national and international best practices.  

1. Facilitation of Policy Dialogue on improving policy, legal and institutional frameworks for concerted actions to improve water Governance. 

1. A stakeholder’s consultation including government agencies, local communities, industries, academia, brands, investors developing partners and NGOs will ensure the involvement of all actors and will also ensure that multiple perspectives are considered in decision-making processes, enhancing the relevance and acceptance of groundwater management policies and guidelines.
2. Policy Dialogues will be facilitated to stimulate robust debates and sensitize stakeholders towards re-energizing the existing institutions and platforms for groundwater governance to improve and enhance collaboration and coordination amongst the multiple actors working in and depending on water resources for their activities.
3. The NWRC and Executive Committee will need to be strengthened, and more powers will need to be delegated to WARPO to enhance agility and proactiveness in improving compliance and driving groundwater governance actions.
4. Water users and interest groups like the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and the Bangladesh Water Multi-Stakeholder Partnership (BWMSP) will need to be engaged to share experiences and lessons on improved industry practices such as metering and water conservation and discuss modalities to scale up good practices.  

4. Training programs and Workshops

1. Policy dialogue by involving sector actors including government agencies, local communities, industries, academia, brands, investors, developing partners and NGOs.

5. Deliverables

The above-mentioned scope of work is expected to be fulfilled within the provided period. The following table consists of the submission time frame expected to be maintained by the agency. 

Timeline

Name of activity 

Description of Tasks

Locations

Deliverable

October 2024

Develop methodology, approaches, and tools for this assignment

• Review the Terms of Reference and propose the methodology, approaches, and tools to be adopted to conduct the assignment 

Dhaka

Inception report

November 2024

Conduct bottleneck analysis and mandate mapping

• Policy review and gap identification
• Effectiveness and efficiency of current institutional arrangements, legal and regulatory frameworks for groundwater governance assessed; gaps and bottlenecks identified with recommendations and remedial actions proposed 

Dhaka and Gazipur

Summary of assessment

December 2024

Development of Policy and Advocacy Briefs to facilitate discussions and inform decisions on groundwater governance in the sector

• Sector consultation
• Policy briefs and Advocacy notes on groundwater  

Dhaka and Gazipur

Policy and advocacy briefs

February 2025

Facilitation of Policy Dialogue on improving policy, legal and institutional frameworks for concerted actions to improve Groundwater Governance

• Policy dialogue facilitation

Dhaka and Gazipur

Report on Groundwater Governance for Bangladesh Legal Framework

 

 

 

6. Reporting requirements

Two weeks from the date of contract signing the agency must share the final version of the inception report. A summary will come after the presentation that shares the policy and bottleneck analysis by November 2024. UNICEF must receive a draft of the final report by the first week of the last month of the contract for review. It is strongly advised that the table of contents be distributed to all team members prior to beginning work on the final report. After receiving feedback from UNICEF, the final report will be turned in within two weeks.

7. Payment Schedule

• 5% of total fee upon acceptance of the finalized methodology, approaches, and tools to be adopted to conduct the assignment.
• 50% of total fee upon submission of the bottle neck analysis summary and policy and advocacy brief.
• 45% of total fee on submission and approval of final report.

 

8. Qualification requirement of the company/institution/organization

• The implementing agency should have similar work experience in national and international water policy, water governance (specially in industrial zone) and appropriate method for its enforcement.
• The agency should have a proven experience to set a standard with practical recommendations for water abstraction/uses, water management and effluent management in industrial zone.
• minimum of ten (10) years of experience in similar field of water governance with required experience
• wide experience on Bangladesh context i.e., industrialization pattern and its impact on water resources, water management plan and policy etc
• a flexible mentality to allow for modifications to the deliverables as needed.
• an efficient system for managing finances that can produce financial reports on a regular basis, including invoices, and track spending against the budget.