Turkey - HRBA to Water Governance desk review - June 2008
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Status of the main human rights conventions & other relevant instruments
This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.
Conventions
- Universal Declaration of Human Rights: ?
- International Covenant on Economic, Social and Cultural Rights: Ratified (2000/2003)
- Convention for the Rights of the Child: Ratified (1990/1995)
- Convention on the Elimination of all forms of discrimination against Women: Ratified (1985)
- Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified (1988)
- International Convention on the elimination of all forms of racial discrimination: Ratified (1990/1995)
Regional Instruments (Europe)
- CoE Convention for the Protection of Human Rights and Fundamental Freedoms):
- CoE (Framework Convention for the Protection of National Minorities):
- UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes:
- UNECE Protocol on Water and Health:
- UNECE Aarhus Convention:
- UNECE PRTR Protocol:
Transboundary water courses agreements (if applicable)
- Rhine: n/a
- Danube River Protection Convention: n/a
- Other cooperation agreements with neighboring countries on shared water resources:
- Agreement between the Republic of Turkey and the Republic of Bulgaria on determination of the boundary in the mouth area of the Mutludere/Rezovska River and delimitation of the maritime areas between the two States in the Black Sea.
Basin: Mutludere/Rezovska Date of text: 04 December 1997. Entry into force notes: The Agreement shall enter into force on the date of the exchange of the instruments of ratification by the contracting Parties (art. 8). Type of text: Agreement Full text available (English): bi-17355.pdf Source: FAO Waterlex available at: ([1]).
Assessment of country context for effective implementation of a HRBA to water
This check list aims to facilitate the assessment of the enabling environment in the country as well as identify any socio-political issues in the country.
Priorities for human development in the country (development plan)
Turkey’s ninth National Development Report clearly states “the main purpose of the policies in the area of human development and social solidarity will be to raise the quality of life and welfare of the society by ensuring that all segments of the population benefit sufficiently from the basic public services as well as a multi-dimensional social protection network.” Turkey’s Ninth National Development Plan for 2007-2013 available at: ([2])
Integration of WSS in the development plan
WSS form part of the development plan outlined above. Turkey’s Ninth National Development Plan for 2007-2013 available at: ([3])
Support in the country for HRBA to Water Governance
No information found.
Indicators (e.g., number of persons connected, development of disaggregate indicators)
- Population size:' 73 million [1]
- Population using “improved water source”: 59% [2]
- Population using “improved sanitation”: 51% [3]
- Urban population connected to centralized water supply systems: no information
- Rural population connected to centralized water supply systems: no information
Figures taken from The Human Development Index 2008. Note these figures should be considered with caution as there are some differences in the data for “improved access” and specific figures on “access”. An illustrative example is the one above where it was found that over 90% of the population had access to improved water sources, yet some estimation indicate almost 40% of the water pumped do not meet the health criteria. The discrepancies in the data put to the fore, the difficulty in assessing the situation on the ground.
Any discriminatory practices identified and reasons for this
No information available.
Minority and vulnerable and marginalised groups in the country with regard to access WWS
No information available.
Main water users (linked to previous but useful to balance interests and prioritise access)
Most of the freshwater withdrawal 5% is used in industry. About 74% is estimated to go into agricultural sector and 11% is for domestic use. ([4])
Respect of rule of law in the country
The EU accession process will be carried out based on the rule of law and mutual benefit principle, with a long-term perspective and a rational approach. Therefore, efforts towards increasing the quality of judging process and main components of this process will be continued; legal and institutional regulations, which will ensure the fast, fair, reliable and proper operation of the judging process, in the framework of the rule of law and state of law requirements, will be realized. Turkey’s Ninth National Development Plan for 2007-2013 available at: ([5])
Fight against corruption
Turkey ranks 64th out of 179 countries on the Transparency International Corruption Perceptions Index. For reports on the state of corruption in Turkey go to [6] .
Transboundary water courses/bodies problems
The two important rivers originating in Turkey -- the Tigris and the Euphrates -- have long been the subject of disagreements with water-stressed Syria and Iraq, which are traversed by both rivers. Turkey is being accused by Syria and Iraq of depriving them of much needed water as Turkey continues to support the construction of a series of dams along the Euhrates and Tigris rivers. It is also embarking on an ambitious project to sell water from its Manavgat river across the Middle East.
National resources (budget and programmes) – notice that according to UN, countries should spend 1% GDP for WSS
According to World Bank figures presented in the 2006 Public Expenditure Review for Turkey show % of budget spent for WSS. For Water Resources-Irrigation 0.2% was spent in 2006/2007. For Drinkable Water and Water for Sanitation 0.2% was spent in 2006/2007.
UNDP indicators of human development – vulnerability and poverty in the country
Turkey is one of the countries with a relatively large population compared to its neighbors in the region. This is why the figures presented in the 2008 Human Development country fact sheet may seem alarming. According to UNDP estimates, the population living below the national poverty line1990-2004 was 27%. [7] .
Identification of programmes and projects in the country (national and international)
- Control of eutrophication, hazardous substances and related measures for rehabilitating the Black Sea ecosystem (Tranche II) (GEF-IW FSP)
- GEF, UNDP (Implementing Agency), UNOPS (Executing Agency)
- 2004-2007
- Grant total USD 11,332,106
- The project (BSERP) supports regional aspects of nutrient control in the Black Sea coastal countries. It also aims to strengthen the role of the Black Sea Commission to ensure the formulation, adoption, and implementation of a suite of harmonized legal and policy instruments for tackling the problem of eutrophication and release of certain hazardous substances; and to facilitate ecosystem recovery, including through sustainable use of living marine resources.
- Strategic Workplan to Strengthen the Regional Capacity on Water Governance
- UNDP/BRC
- EUR 350,000.00
- Water Governance Community Strengthening
- Conservation and Sustainable Use of Biodiversity in the Dalmatian Coast (Croatia) through Greening Coastal Development
- UNDP/BRC
- 2006-2013
- USD 31,643,500.00
- To effectively transform the actions of private operators in the tourism, agriculture and fisheries sectors in the four coastal counties.
- Integrated Ecosystem Management in the Prespa Lakes Basin of Albania, FYR-Macedonia and Greece
- UNDP Macedonia
- 2006-2010
- USD 4,125,000.00
- The conservation of biodiversity and water resources of the Prespa Lakes Basin and pollution mitigation through the adoption of integrated management
- Upgrading of Municipal Services
- GTZ
- 2002-2006
- The management of water supply and wastewater disposal has improved, as has solid waste management in selected cities and municipalities in the country’s structurally weak eastern areas.
Adequate supplies of drinking water are secured, treatment and disposal of wastewater is technically sound, and waste management is generally regulated and has become financially viable.
- “Every Drop Matters” – a Regional Water Partnership Initiative between UNDP Europe & CIS and The Coca Cola Company Eurasia and Middle East Division
- Coca Cola / EMED (US$ 5m); UNDP (US$ 1.25m); others
- 2006-2011
- minimum USD 6.25million
- This Regional Partnership Project aims to provide the framework and a joint action plan for water-related programming in the countries of Europe and the CIS, with a particular focus on increased access to safe drinking water, facilitating the use of environmentally sound industrial technologies, and outreach and awareness raising activities to promote responsible water resource management.
This Regional Public Private Sector Partnership Initiative will initially focus on countries under the coverage area of UNDP-RBEC as well as Coca-Cola EMED, and on the following three intervention areas: 1. Improved Access to Safe Drinking Water 2. Improved regional and industrial water management 3. Advocacy and communication
- Twinning Project for Strengthening the Ministry of Health to Harmonise and Implement Legislation in the Field of Water for Public Health Protection
- A project financed by the Pre-Accession
- Economic Programme of the European Union
- The main objective is to prepare Turkey for accession to the European Union in the area of drinking water, bathing water and mineral water. It consist to support the Turkish government in its efforts towards strengthening the capacity in legal, institutional and technical and investment matters related to the approximation process in the field of environment and public health. ([8])
Identification of relevant NGOs and services providers
See section 3 “Policy and legislation to implement a HRBA to water” under “competent authorities” for a list of national authorities who will be important stakeholders. Also see discussion paper for a broad description of the main stakeholders and their functions in the region as a whole. In order to be useful this section should be filled in during a country mission as it is difficult to make this kind of assessment through a desktop study. This webpage also provides useful listings of relevant private sector stakeholders ([9]) .
Identification of key stakeholders for the implementation of a HRBA to water
See next section 'Policy and legislation to implement a HRBA to water' under “competent authorities” for a list of national authorities who will be important stakeholders. Also see discussion paper for a broad description of the main stakeholders and their functions in the region as a whole. On a more country-specific level, the list of projects in previous section will indicate the main international actors present.
Policy and legislation to implement a HRBA to water
This checklist is for evaluating the adequacy and completeness of the legislation in place in a given country for implementing a HRBA to Water Governance. The checklist asks whether the specific requirements have been adequately established in the national legal order.
- The checklist scale is
- No information | Nothing in place | Poor (framework only) | Adequate (basic regulations) | Excellent (detailed regulations)
This section is for evaluating the adequacy and completeness of the legislation in place in a given country for implementing a HRBA to water. The checklists ask whether the specific requirements have been adequately established in the national legal order. The check list follow the three main elements of the right to water (accessibility, affordability, and water quality and availability), policy and legislation. Monitoring and enforcement are included in next section.
Basic water management
- A right to water and sanitation is formally recognized in the relevant laws/constitution
- No information | Nothing in place | Poor | Adequate | Excellent
No specific provision found. The Constitution Art. 17 provides for the Right to Life. Constitution of Turkey ([10])
- Competent authorities and responsibilities clearly identified
- No information | Nothing in place | Poor | Adequate | Excellent
Accessibility and Affordability
- Prioritization for water access clearly established in legislation –differentiated by sector
- No information | Nothing in place | Poor | Adequate | Excellent
- Provision to extend WSS services to marginalised and vulnerable areas and groups
- No information | Nothing in place | Poor | Adequate | Excellent
- Access to traditional water sources in rural areas protected
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific provisions on access to water in schools, hospitals, prisons and refugee camps
- No information | Nothing in place | Poor | Adequate | Excellent
- Adequate regulatory system in place for private or public water and sanitation service providers – procurement and concession
- No information | Nothing in place | Poor | Adequate | Excellent
- Pricing policies transparent with flexibility and cross-subsidies –differences between different sectors
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific measures on disconnection to address poor and marginalised people concerns
- No information | Nothing in place | Poor | Adequate | Excellent
Water quality and availability
- Water quality standards established and realistic
- No information | Nothing in place |Poor| Adequate | Excellent
- Priority substances identified and regulated (elimination)
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific rules for drinking water catchments areas
- No information | Nothing in place | Poor | Adequate | Excellent
- Waste water treatment regulated in the legislation
- No information | Nothing in place | Poor| Adequate | Excellent
- Water discharges and extraction regulated in legislation (e.g., permits
- No information | Nothing in place | Poor| Adequate | Excellent
- Standards setting a minimum amount of water for personal and domestic uses per person or household
- No information | Nothing in place | Poor| Adequate | Excellent
- Integrated water resource management approach followed in legislation
- No information | Nothing in place | Poor | Adequate | Excellent
- River basin management approach
- No information | Nothing in place | Poor | Adequate | Excellent
Governance
- Non-discriminatory right of participation in decision-making process regarding to water (management, services, projects, installations
- No information | Nothing in place | Poor | Adequate | Excellent
- Environmental impact assessment legislation including water projects
- No information | Nothing in place | Poor | Adequate | Excellent
- The EIA procedure has been established, but further improvement of the EIA regulation is needed to make
it fully effective. There is a significant need for personnel qualified to conduct EIAs, both in the public and the private sectors. Managers and consultants from a growing number of companies are being trained for this purpose.Although participation mechanisms such as local environment committees, the EIA procedure, and Councils for the Environment and Forestry exist, public participation is a relatively new process in many instances.The absence of environmental reporting by industry has in a number of cases tended to exacerbate conflicts with NGOs and the public. Environmental NGOs will need to address a range of issues in order to establish themselves as stimulating and constructive partners for environmental progress.
- Procedures for enabling public participation in decision making
- river basin management plan; provision of water services; regulation and monitoring of service providers; infrastructure and development projects
- No information | Nothing in place | Poor | Adequate | Excellent
- Equitable representation of minorities and marginalised groups
- No information | Nothing in place | Poor | Adequate | Excellent
Monitoring & enforcement
- Provisions to carry out monitoring of water status and de-pollution
- No information | Nothing in place | Poor | Adequate | Excellent
Current legislation includes monitoring requirements.
- Requirements to carry out inspections
- No information | Nothing in place | Poor | Adequate | Excellent
Yes, not very effective mainly due to the small number of inspectors.
- Penalties for breaches of the legislation
- No information | Nothing in place | Poor | Adequate | Excellent
Penalties for breaches are in place. These however, are generally not considered deterrent enough.
Redressing mechanisms (Access to justice)
- Effective right to access to justice on water claims against government and/or private parties (pollution, failure to provide services and so on)
- No information | Nothing in place | Poor | Adequate | Excellent
- Law on Penalties (Articles 181, 182)
- Effective legal remedies when access to information or public participation are denied
- No information | Nothing in place | Poor | Adequate | Excellent
- Judicial or administrative body to solve water claims
- No information | Nothing in place | Poor | Adequate | Excellent
- Arbitration mechanisms
- No information | Nothing in place | Poor | Adequate | Excellent
Please use the space below to list the relevant laws and administrative regulations
Strategies and plans developed at national, regional or local level
The implementation plans should establish specific targets, indicators and time frames and identify the national and international resources available. They should be realistic in terms of resources available and timing (prioritisation is needed).
- National strategy for equitable management and governance of water
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Regional/local action plans on water and sanitation
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Cooperation on transboundary waters
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Turkey is expected to be preparing to reform its tight policy on transboundary rivers and water resources in order to comply with EU criteria and international law.
- Adaptation to climate change plans
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- The key requirements for climate change adaptation in Turkey are stipulated in Turkey’s Ninth Development Plan 2007-2013 (paragraph 461) and in rural development strategies such as The Regional Development Plan for the Eastern Black Sea Region (2002). These requirements will be addressed by developing a National Climate Change Adaptation Strategy which will complement the existing development plans and procedures. In addition, legislative changes will be proposed to mainstream climate change risks into development and regional planning. ([11])
- Water efficiency programmes and incentives
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Water infrastructure financing strategies
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
Awareness raising and education campaigns
- Education programmes on water
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Dissemination of technologies
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Gender and marginalised groups problems addressed
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Hygiene promotion campaign
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
Institutional and administrative structures and procedures
For legislation to be effective, adequate institutional and administrative structures and systems need to be in place to ensure that legal requirements are implemented and enforced. Evaluation of the adequacy of institutional and administrative structures needs a different approach towards the elements involved. A coordination structure that consists only of information exchange or that has been named on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an ad hoc basis would be considered “adequate”. A coordination structure that has the form of a committee or working group, has specific competences set forth in a regulation or memorandum of understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.
Institutional issues
- Decision making body for taking policy decisions (Ministries
- No information | Nothing in place | Poor | Adequate | Excellent
Reform entailing restructuring of the system is likely to take place in new legislation.
- Structures for coordination among relevant government bodies
- No information | Nothing in place | Poor | Adequate | Excellent
- Staff in the relevant Ministries assigned responsibility for water issues
- No information | Nothing in place | Poor | Adequate | Excellent
- Regulatory body at national or regional level (different from policy decision)
- No information | Nothing in place | Poor | Adequate | Excellent
- River basin management authorities
- No information | Nothing in place | Poor | Adequate | Excellent
- Local authorities for service provision
- No information | Nothing in place | Poor | Adequate | Excellent
- Consultation bodies (national, regional or local) with equitable representation
- No information | Nothing in place | Poor | Adequate | Excellent
- Independent institutions in charge of monitoring the right to WSS (human right commission or regulatory agencies ensuring full transparency and accountability)
- No information | Nothing in place | Poor | Adequate | Excellent
Administrative structures
- Monitoring systems in place to spot water pollution and illegal abstractions (surface and groundwater)
- No information | Nothing in place | Poor | Adequate | Excellent
- Inspectorates or other structures for enforcement of basic requirements
- No information | Nothing in place | Poor | Adequate | Excellent
- Systems for regular reporting to Convention secretariats
- No information | Nothing in place | Poor | Adequate | Excellent
- Bodies for cooperation on Transboundary water courses
- No information | Nothing in place | Poor | Adequate | Excellent
Information disclosure (right to know) & public participation
Access to information & dissemination
- Provisions requiring authorities or private companies to disseminate information on water issues (pollution and polluters)
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Provisions ensuring a right to access to information upon request on water information held by authorities or third parties
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Systems for dissemination of information on water pollution (e.g., PRTR in place covering both intentional, unintentional & diffuse releases/transfers)
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Administrative systems for prompt responses to requests for information from the general public
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Guidelines on information held by authorities and how to request access to that information
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Secure data management systems to handle commercially sensitive information and personal data
- 'No information' | Nothing in place | Poor | Adequate | Excellent
- Guidelines for authorities on how to apply commercial confidentiality requirements, including when to disclose because of public interest
- 'No information' | Nothing in place | Poor | Adequate | Excellent
Technical capacity
This section is to be used for assessing the technical capacity of various stakeholders to implement a HRBA to WSS. The stakeholders have been divided into governmental officials at central level and local level; civil society, farmers and industry. It is intended to be a first step towards identifying needs for technical assistance, including training and investment in equipment and infrastructure.
Infrastructure
- Waste water treatment plants
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- With rapid industrialization and urbanization, domestic waste, hospital waste and industrial waste have become a threat to soil purity. Legislative action was not taken until 1993 and is not being implemented. Much of the waste is dumped in rivers, streams and the sea, even though this is forbidden by law. ([12])
- Water infrastructures to convey water to urban areas
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- The National Development Strategy for 2007-2013 clearly states the need to “identify the urban infrastructure requirement in the entire country towards protecting the environment, an urban infrastructure master plan and financing strategy, which will determine the infrastructure needs such as drinking water, sewer system, wastewater treatment and solid waste disposal facilities of municipalities, will be prepared”. ([13])
- Water infrastructure to convey water to rural or isolated areas
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- Private wells
- No information | Nothing in place | Poor conditions | Adequate | Excellent
Capacity at national level
- Central/national laboratory for testing of chemicals in water
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring instruments for surface and groundwater
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers and internet access for all officials responsible for water management
- No information | Nothing in place | Poor | Adequate | Excellent
- Databases of information on chemicals and priority substances, polluters
- No information | Nothing in place | Poor | Adequate | Excellent
- Officials trained in HRBA (human rights standards) and water issues
- No information | Nothing in place | Poor | Adequate | Excellent
- Trained inspectorates and enforcement authorities
- No information | Nothing in place | Poor | Adequate | Excellent
Capacity at regional & local levels
- Regional and Local authorities trained on HRBA to WSS
- No information | Nothing in place | Poor | Adequate | Excellent
- Databases of information on chemicals and priority substances, polluters
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers & internet access for local officials responsible for chemicals management
- No information | Nothing in place | Poor | Adequate | Excellent
- Local laboratories for testing drinking water
- No information | Nothing in place | Poor | Adequate | Excellent
- Transportation & communication equipment to enable monitoring/ inspection/enforcement
- No information | Nothing in place | Poor | Adequate | Excellent
Civil Society
- Civil society aware of their rights and how to exercise them
- No information | Nothing in place | Poor | Adequate | Excellent
- Civil society organised and active (providing training, participating, advocacy activities)
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers with internet access
- No information | Nothing in place | Poor | Adequate | Excellent
- Information on low cost technologies
- No information | Nothing in place | Poor | Adequate | Excellent
Water services providers
- Low cost technologies
- No information | Nothing in place | Poor | Adequate | Excellent
- Water treatment technologies (primary, secondary)
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring equipment
- No information | Nothing in place | Poor | Adequate | Excellent
Farmers & agricultural workers
- Training on safe pesticide management, including waste management and access to information on alternative pest control methods
- No information | Nothing in place | Poor | Adequate | Excellent
- Awareness on impact of agricultural and farming practices in water (private wells)
- No information | Nothing in place | Poor | Adequate | Excellent
Industry (including industry workers)
- Training on impacts of industrial activities on water
- No information | Nothing in place | Poor | Adequate | Excellent
- Capacity (equipment, skills) to self-monitor releases of chemicals
- No information | Nothing in place | Poor | Adequate | Excellent
- Wastewater treatment in place
- No information | Nothing in place | Poor | Adequate | Excellent
Health practitioners
- Doctors & other health workers trained to identify cases of water born diseases
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring of health issues related to poor access to WSS and reporting
- No information | Nothing in place | Poor | Adequate | Excellent
- Ministry of Health is the competent authority for ensuring the protection of human health having the responsibility at central level and through the provincial network for the implementation and enforcement of quality standards of water for bathing and recreational purposes, according to the Public Hygiene Law no 1593 and decree 181 on the Law on the “Organization and the duties of the Ministry of Health”.
- Computers with internet access / access to Internet-based health information
- No information | Nothing in place | Poor | Adequate | Excellent

