Ukraine - HRBA to Water Governance desk review - June 2008

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Toolkit A Human Rights-Based Approach to Water Governance edit
Background | Regional aspects | Methodology | Checklist | Regional Programme | Country Assessments and Projects (Bosnia and Herzegovina | Georgia | Moldova | Tajikistan | Turkey | Ukraine) | Bibliography
Related WaterWiki-articles: FAQ: The Right to Water | General Comment 15 (2002) | Human Rights principles | Water and Health | Equitable Access to Water and Human Rights | European Union Water Framework Directive | Essay: What exactly is “The Right to Water”? | Protocol on Water and Health | International Decade for Action: Water for Life | Sanitation | HRBA-Food Linkages
Related resources: COHRE Manual on the Right to Water and Sanitation | Protocol on Water and Health - Full Document) | The Human Rights-Based Approach to Development - The Right to Water | Wolfgang Sachs Sept 03 - Environment and Human Rights

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.

Checklist for Country Assessment
The checklist in this section is intended to systematize the way you conduct a baseline assessment in a specific country or region. It will help you to identify gaps in the regulatory and administrative structures of a country, as well as technical capacity needs. It should be underlined that the checklist is not exhaustive. It aims to ensure sufficient level of detail in order for you to make an informed assessment of the situation without being an excessively time and resources consuming.
A sample of the initial section of the checklist is provided below. To print or download the entire checklist, you may want to refer to this file:


Contents

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: Ratified 1948
  • International Covenant on Economic, Social and Cultural Rights: Ratified 1968/1973
  • Convention for the Rights of the Child: Ratified 1990/1991
  • Convention on the Elimination of all forms of discrimination against Women: Ratified 1980/1981
  • Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified 1986/1987
  • International Convention on the elimination of all forms of racial discrimination: Ratified 1990/1991

Regional Instruments (Europe)

Transboundary water courses agreements (if applicable)

  1. Hungary; Romania; Czech Republic; Poland; Ukraine; Slovakia; Serbia and Montenegro: Framework Convention on the Protection and Sustainable Development of the Carpathians. Date of text: 22 May 2003. Entry into force notes: The Convention shall enter into force on the ninetieth day after the date of deposit of the fourth instrument of ratification, approval, acceptance or accession. Source: Publication of the United Nations Environment Programme. Type of text: Agreement
  2. Ukraine; Syrian Arab Republic: Agreement between the State Committee on Water management of Ukraine and the Ministry of Irrigation of Syria on cooperation in the sphere of water management. Date of text: 21 April 2002. Entry into force notes: The Agreement enters into force on 25 June 2003. Type of text: Agreement Available web site: www.rada.kiev.ua Comments: The present Agreement shall be valid for five years and it will be automatically extended for one or more five-year periods, unless six months before its expiry one of the Parties informs the other, in writing, of its decision to terminate it.
  3. Ukraine; Belarus: Agreement between the Cabinet of Ministers of Ukraine and the Government of Belarus on joint management and protection of transboundary waterbodies. Date of text: 16 October 2001. Entry into force notes: The Agreement entered into force on 28 February 2002. Type of text: Agreement Available web site: www.rada.kiev.ua Comments: The present Agreement shall be valid for ten years and it will be automatically extended for one or more ten-year periods, unless six months before its expiry one of the Parties informs the other, in writing, of its decision to terminate it.
  4. Armenia; Azerbaijan; Belarus; Georgia; Kazakhstan; Kyrgyzstan; Moldova, Republic of; Russian Federation; Tajikistan; Turkmenistan; Ukraine; Uzbekistan: CIS Agreement on rational management and protection of transboundary waterbodies. Date of text: 11 September 1998. Entry into force notes: The Agreement entered into force for Belarus, Tajikistan and the Russian Federation on 6 June 2002. Type of text: Agreement Available web site: www.jointrivers.org Comments: The present Agreement shall be valid for ten years and it will be automatically extended for one or more five-year periods, unless otherwise decided by the Parties.
  5. Agreement on transboundary waters between Hungary and Ukraine. Basin: Danube Date of text: 11 November 1997. Entry into force notes: Provisions of the Agreement should be observed since 15 May 1999. Type of text: Agreement Abstract: This Agreement concerns the protection against damages caused by transboundary waters as well as the rational utilization of surface waters and other resources. Cooperation in the construction and maintenance of waterworks is also covered in the Agreement. It shall remain in force for five years from the date of its entry into force.
  6. Cooperation Agreement between Ukraine and Egypt in water management. Date of text: 15 June 1997. Entry into force notes: The Agreement entered into force on 26 June 1998. Type of text: AgreementAvailable web site: www.rada.kiev.ua Full text available (Ukrainian): bi-65832.doc Comments: The present Agreement shall be valid for five years and it will be automatically extended for one or more five-year periods, unless six months before its expiry one of the Parties informs the other, in writing, of its decision to terminate it.
  7. Ukraine; Moldova, Republic of: Agreement between the Government of Ukraine and the Government of Moldova on joint boundary waters management and protection. Date of text: 23 November 1994. Entry into force notes: The Agreement enters into force from the date of the exchange of the ratification documents. Type of text: Agreement Available web site: www.rada.kiev.ua Comments: The period of validity shall be five years and the Agreement shall be automatically extended for the subsequent five-year periods unless one of the Parties informs the other in writing of its decision to terminate it a year before the expiry.
  8. Austria; Bulgaria; Croatia; Czech Republic; Germany; Hungary; Moldova, Republic of; Romania; Slovakia; Slovenia; Ukraine; European Community: Convention on cooperation for the protection and sustainable use of the Danube River (Danube River Protection Convention). Basin: Danube Date of text: 29 June 1994. Entry into force notes: The Convention shall enter into force on the ninetieth day following the date of deposit of the ninth instrument of ratification, acceptance, approval or accession (art. 27). Type of text: Agreement Available web site: europa.eu.int Full text available (English): mul17444.pdf; mul17444.doc
  9. Ukraine; Russian Federation: Agreement between the Government of Ukraine and the Government of the Russian Federation on joint transboundary waterbodies management and protection. Date of text: 19 October 1992. Entry into force notes: The Agreement enters into force from the date of signature. Type of text: Agreement Available web site: www.government.ru Full text available (Russian): bi-65504.doc Comments: The period of validity shall be five years and the Agreement shall be automatically extended for the subsequent five-year periods unless one of the Parties informs the other in writing of its decision to terminate it a year before the expiry. [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)

The United Nations country programme (2006-2010) [2] for Ukraine builds on the common country assessment (2005), the United Nations development assistance framework (UNDAF) of 2005 and the findings of the assessment of development results (2004). The country programme for 2006-2010 aims to support the Government in its efforts to achieve European Union standards through a new wave of policy reforms; build institutional capacity and implement successful practices to help develop a healthy relationship between the State and its citizens; enact efficient decentralization; promote the growth of a vibrant private sector; and empower citizens.[3]

Also in place is the EU-Ukraine Action Plan building on the Partnership and Cooperation Agreement (PCA)[4] signed already in 1994. The implementation of the Action Plan will significantly advance the approximation of Ukrainian legislation, norms and standards to those of the European Union. The Action Plan is also designed to devise and implement policies and measures to promote economic growth and social cohesion, to raise living standards and to protect the environment, thereby contributing to the long-term objective of sustainable development.[5]



Integration of WSS in the development plan

National strategy in place for WSS.[6] Access to clean water is included as a priority issue in the MDGs for Ukraine. [7]

Current level of achievement of the MDGs on WSS

No information found.

Support in the country for HRBA to Water Governance

No information found.

Respect of rule of law in the country

The Constitution lacks an efficient system of checks and balances. Training of judges on human rights took place throughout 2007. Further efforts to improve the court reform process to ensure the independence, impartiality and efficiency of the judiciary are needed. [8]

Fight against corruption in the country

Although the problem of corruption has been addressed at political level as a priority. To date, no real progress has been made.[9] As a response to the urgent need for legislation in this field, drafting of laws targeted at eliminating corruption was initiated in 2006. Drafting and implementation of these efforts were, to some extent, hampered in the turmoil of the political crisis following the April 2007 Presidential decree on early elections and dissolution of the Parliament. Thus the actual implementation of the initiatives still remains to be undertaken. Ukraine has yet to ratify the UN Convention on Anti- Corruption as well as the CoE’s Criminal Law Convention on Corruption.

Minority and vulnerable and marginalised groups in the country with regard to access to WWS

Radiation contamination in the northeast from the 1986 accident at Chornobyl Nuclear Power Plant continue to pose grave threats to the populations in these areas.

Any discriminatory practices identified and reasons for this

Ukraine is a transit country for irregular migrants coming from Asia, Arabic countries and Africa. It is important to take note, that at the same time as the number of migrants is rising legislation on refugees and asylum has major shortcomings. The refugee laws in place, for example, have no provisions on non-discrimination of refugees on grounds of race, religion or country of origin. (This is especially serious for the ethnic Chechens from Russian Federation, who are generally not recognized.) This may have consequences in regard to the right to water.

Transboundary water courses/bodies problems

The dispute over the boundary between Russia and Ukraine through the Kerch Strait and Sea of Azov remains unresolved despite a December 2003 framework agreement and ongoing expert-level discussions; The ICJ gave Ukraine until December 2006 to reply, and Romania until June 2007 to rejoin, in their dispute submitted in 2004 over Ukrainian-administered Zmiyinyy/Serpilor (Snake) Island and Black Sea maritime boundary; Romania opposes Ukraine's reopening of a navigation canal from the Danube border through Ukraine to the Black Sea.

UNDP indicators of human development - vulnerability and poverty in the country

“For Ukraine poverty is a fairly new phenomenon, which originated from the re-distribution of resources during the country’s historic transformations on the way to a market-based economy. Ukraine the worst situation is observed in rural areas, where almost 40 per cent of the population are poor. Ineffective distribution of state budget social assistance funds and underdeveloped healthcare system has been named among the main reasons behind these alarming figures. Various research works show that through many years other social groups are at risk of poverty. These are: families with two and more children, families with a child aged under three, households with at least one unemployed, households with persons aged over 75, pensioners, and people with disabilities.” [10]

National resources (budget and programmes) – notice that according to UN, countries should spend 1% GDP for WSS

Many EECCA countries are currently spending a much smaller share of their public budgets to invest into environmental protection than most EU and EU accession countries. However, some EEECCA countries (Moldova, Georgia, Kazakhstan, Russian Federation and Ukraine) devote a share of their national income to environmentally-related expenditures comparable to OECD and EU accession countries. At the same time, tax collection and public capital expenditure are at very low levels in many places of EECCA. In many cases, there is, hence, a potential to both increase the total amount of public budgets (the size of the pie), as well as increasing the share of these resources that is being allocated to environmental protection (the size of the piece).[11] Specific information on how much money is spent on WSS from budget not found. From 2001-2004 environmental expenditures as a whole represented about 1.7%-1.8% of GDP. [12]

Identification of programmes and projects in the country (national and international)

The following national programmes are currently and/or are to be implemented:

  • A national programme to clean up the Dnipro Basin and improve the quality of drinking water; The Drinking Water of Ukraine Programme;
  • State programme to establish a national ecological network for 2000-2015;
  • Complex programme for implementing at the national level decisions adopted at the World Sustainable Development Summit for 2003-2015;
  • Comprehensive programme for top-priority provision of centralized water supplies to rural areas which utilize imported water for 2001-2005 and up until 2010;
  • State Forests of Ukraine 2002-2015 Programme;
  • State programme of water management for 2002-2011;
  • Also formulation of the state programme of natural protection and development to 2020 has begun. [13]


Other projects include:


Support to Civil Service Reform in Ukraine
UNDP Ukraine
  • 2007-2009
  • The Project's overall objective is to contribute to the Ukrainian Government reform programme towards a more transparent and efficient public administration, operating on the basis of EU oriented principles, as described in the Civil Service Development Programme adopted in June 2004. More specifically, it will contribute to the adoption of legislation and administrative regulations supporting these new policy developments and to building the capacity of the MDCS in fulfilling its mandate, in particular in its training and development activities.


National Capacity Self-Assessment for Global Environment Management in Ukraine
GEF UNDP
  • 2004-2007
  • The objective of the National Capacity Self-Assessment for Global Environment Management is for Ukraine to undertake a capacity assessment so that it can meet its requirements under the global environmental conventions, in particular those pertaining to climate change, land degradation, biodiversity, migratory waterbirds, biosafety.


Dnipro Basin Environment Programme - PDF B Stage
UNDP-GEF
  • 2005-2007
  • The Development Objective of a PDF B is the same as for the Full-Sized Project that is being prepared, “To reduce transboundary industrial chemical pollution from small industries currently discharging through municipal waste systems”.


UNDP/GEF Consolidation of the Polissya ecological corridor
The project aims at ensuring proper conservation and sustainable use of freshwater ecosystems’ biological diversity. Existing threats to wetlands’ biodiversity will be removed by mainstreaming biodiversity protection with socio-economic goals in the targeted areas. Upon the project’s completion we will develop sectoral integration in the management and conservation of the project’s sites and in the areas adjacent to those sites. Project activities include expanding a system of conservation areas, taking remedial actions in areas under threat, promoting sustainable use and conducting public awareness and education components. The project contains built-in mechanisms for monitoring its outcomes, both in terms of ecosystem structure/function and sustainable use of land resources by the local population.
Municipal Governance and Sustainable Development Programme
UNDP Ukraine
  • USD 856 400
  • The Programme provides training and seed capital to implement plans under a partnership arrangement. The partners such as the municipality, the beneficiaries themselves, or other private and public sectors also contribute resources as a back up to the seed capital. The plans are implemented by the partner on a self-help basis. Implementation work and quality is monitored through a participatory monitoring system.
Millennium Development Goals Project
UNDP Ukraine
  • 2004-2006
  • The mission works to ensure participatory development of effective economic strategy, planning and forecasting in Ukraine by integrating the UMDGs into the main country's development frameworks, building partnership, supporting democratic governance, and facilitating public involvement in policy making processes at all levels.
Agricultural Policy for Human Development
UNDP Ukraine
  • 2001-2007
  • The overall objective of the project is to improve Ukraine’s agri-food and rural development policy in order to systematically and consistently develop the contribution that agriculture and food processing can play, thereby alleviating poverty in rural areas, and more generally, stimulating growth in the Ukrainian economy for the benefit of all.
Environmental Collaboration for the Black Sea (Tacis)
EuropeAid
  • 2006 -2009
  • EUR 2,200,000.00
  • The overall objective of the project is to contribute to the sustainable development of the Black Sea Basin by the prevention and reduction of input of pollutants and by the sustainable management and/or protection of natural resources.
Trans-boundary river basin management: phase II (Tacis)
EuropeAid
  • 2005-2007
  • EUR 1,850,600
  • Trans-boundary river basin management for the Seversky-Donetsk river basin
Water Investment Support Facility (Tacis)
EuropeAid
  • 2005-2008
  • EUR 2,699,100
  • The overall objective of the project is to improve access to safe drinking water and adequate water services, as well as strengthening water governance and reducing water pollution.

The specific objective is to provide consultancy services in order to facilitate project finance in the WS&S and IWRM sectors, by means of supporting project preparation on request by IFIs.


Sustainable Integrated Land Use of the Eurasian Steppes (Tacis)
EuropeAid
  • 2007-2010
  • EUR 2,600,000
  • The specific objectives of this contract are to provide the beneficiary countries with the necessary technical assistance increasing sustainable land use in wetland, steppe and forest steppe ecosystems.
Water Governance in the Western EECCA countries (Tacis)
EuropeAid
  • 2008-2010
  • EUR 2.088.740,00
  • The Overall Objective of this action in the region is to contribute to the reduction of pollution, to fair sharing and effective use of scarce water resources, to the improvement of the quality of shared water resources, such as trans-boundary rivers.

The specific objective is to have water legislation improved, implemented and enforced, approaching EU standards. Further to ensure fair distribution of water from resources available between beneficiary countries and consumers.


Municipal Services Support
EuropeAid
  • Dec 2004-2007
  • EUR 1,996,950
  • The overall objective of the project is to improve the water services in Ukraine.
Capacity Building in Donetsk Oblast for Waste Management
EuropeAid
  • 2005-2008
  • EUR 1,583,100
  • To implement and ensure the newly defined Regional strategy for solid domestic waste and to actively involve civil society and business in the process. The project will build on the results of a project ending mid-2004 and use a newly constructed recycling plant and a waste selective collection pilot project as basis for developing an integrated valorization chain involving both civil society and small businesses. The main components are: -legal framework; -demonstration project; -dissemination; -public awareness.
Technical assistance for the Lower Dnister River Basin Management Planning
EuropeAid
  • 2005-2008
  • € 1,696,335
  • The project aims at improving the Lower Dnister river basin management including water quality, protection and restoration of the ecosystems using WFD as a general reference framework.
Sustainable Local Development
EuropeAid
  • 2006-2010
  • EUR 4,981,00
  • The purpose of the project is to promote and demonstrate in a few middle-size cities, a comprehensive and holistic approach on sustainable local development. The project will design and develop a comprehensive sustainable development strategy in the selected municipalities. The project will also stimulate, focalize and co-ordinate other relevant EU assistance. In addition, the project will design, procure and monitor substantial works for upgrading municipality’s essential services, such as water supply and treatment or other utilities.
Support to Sustainable Regional Development
EuropeAid
  • 2008-2012
  • EUR 6,000,000.00 (max budget)
  • The project will focus on economic development. Its purposes are: (a) to strengthen the Ukrainian authorities’ capacity in policy formulation and decision-making process for sustainable regional development, (b) to establish a National financial instrument for regional development, (c) to assist the Ukrainian authorities in implementing the plan of activities for sustainable regional development. The project will adopt a comprehensive approach at strategy, instrumental and implementation levels.
Transboundary Waters Management Experience in Europe, Caucasus and Central Asia (TWME-ECCA)
GEF
  • 2005-2007
  • USD 1,944,717
  • The aim of the project is to capture Best Practices, Knowledge and Lessons from GEF-IW (Transboundary Land and Water Management) throughout the RBEC region.
Strengthening the Implementation Capacities for Nutrient Reduction and Transboundary Cooperation in the Danube River Basin (Tranche 2)
UNDP, GEF, EU
  • 2003-2006 (Phase 2)
  • Tranche 2 Total: 25,118,000 (GEF 12,240,000; ICPDR 6,000,000; Governments/ NGOs / others 6,878,000)
  • The long-term development objective of the proposed Regional Project is to contribute to sustainable human development in the DRB and the wider Black Sea area through reinforcing the capacities of the participating countries in developing effective mechanisms for regional cooperation and coordination in order to ensure protection of international waters, sustainable management of natural resources and biodiversity.
Establishment of Mechanisms for Integrated Land and Water Management in the Tisza River Basin
GEF, UNDP Bratislava Regional Centre (Implementing Agency), UNOPS (Executing Agency)
  • 2006-2008
  • Total: 1,950,000 (GEF 1,000,000; Governments 400,000; EU 300,000; UNDP 200,000; UNEP 50,000)
  • A major product will be the development of a regionally owned Strategic Action Programme, which will to the extent possible be streamlined with an EU River Basin Management Plan for the Tisza, meeting the requirements of the Water Framework Directive, and a Flood Prevention and Risk Management Strategy, while at the same time addressing wider sustainability issues in the water, agriculture, energy, industry and navigation sectors, highlighted by the work of the UNDP in their Tisza Basin Sustainable Development Strategy. Thus the project will provide a bridge between these on-going initiatives in a single regionally owned and nationally coordinated planning document which will allow for deepening and widening the planning scope.
Implementation of Priority Interventions of the Dnipro Basin Strategic Action Program: Chemical Industrial Pollution Reduction and The Development of Joint Institutional Arrangements Reducing Trans-boundary Degradation of the Kura-Aras River Basin (GEF PDF-B)
UNDP/GEF
  • Total: USD 700,000 (GEF)
  • 2005-2007
  • The PDF B Project will prepare a Full-Sized Project Proposal addressing the problems of cleaner production and effluent pre-treatment for smaller and in many cases privatized industries, discharging through the Vodokanals. This will also address issues of sustainable financing mechanisms and legal and regulatory requirements.
Strategic Workplan to Strengthen the Regional Capacity on Water Governance
UNDP/BRC
  • 2006 - 2007
  • EUR 350,000.00
  • Water Governance Community Strengthening
Zhytomyr Water and Wastewater Project
EBRD
  • 2008
  • EUR 12.6 million.
  • Municipal and environnemental infrastructure.
Véolia Voda Equity Investment
EBRD
  • 2007
  • EUR 105 million
  • The proposed project is an equity investment for the Bank to subscribe to newly issued shares in the capital of Véolia Voda (the Company) representing a minority interest. The proceeds from subscription will be used by the Company to continue it expansion plans in Central and Eastern Europe (CEE), including Russian and Ukraine.
“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

Identification of relevant NGOs and service 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. On cooperation on transboundary waters the following seem to be most active partners in the country: UNDP, WB, EU and national donors such as Canada, Denmark, Sweden and Switzerland. [14] These are just examples, 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.

Main water users (linked to previous but useful to balance interests and prioritise access

Out of the freshwater withdrawal:

  • goes to agriculture;
  • to industry;
  • for domestic use.

Indicators (e.g., number of persons connected, development of disaggregate indicators)

  • Population size: 46.9 million[15]
  • Population using “improved water source”: 96%[16]
  • Population using “improved sanitation”: 96% [17]
  • Urban population connected to centralized water supply systems: 69%[18]
  • Rural population connected to centralized water supply systems: 26%[19]

Figures taken from UNDP Human Development 2006 Report. 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.


Only 66% of rural population have access to clean drinking water whereas 88% of the urban have access.[20] The hinge towards making progress in achieving MDG clean water targets is simply providing adequate financing. Currently, many problems with supplying drinking water that meets sanitary standards remain unsolved. In its 2005 report on the MDGs, the UNDP signalled a severe lack of financing for implementation of the comprehensive, top-priority programme to provide centralized water supply systems to rural areas which utilize imported water, during 2001-2005 period prevented Ukraine from achieving programme goals: in 2001-2004, only 10% of needed funds were allocated for programme needs, and only 13% of required amount is budgeted for 2005. Additionally, none of the planned centralized water systems were built for rural communities without access to clean water during 2001-2004. At the same time, the share of the urban population with access to clean drinking water reached 87% in 2004, which matches the forecast.[21]

Infrastructure

Waste water treatment plants
No information | Nothing in place | Poor conditions | Adequate | Excellent
Water infrastructures to convey water to urban areas
No information | Nothing in place | Poor conditions | Adequate | Excellent
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

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

Cooperation with other states is facilitated through international technical cooperation in this area, including UNDP, WB, EU and national donors such as Canada, Denmark, Sweden and Switzerland. [22]

Adaptation to climate change plans
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Ukraine has made further progress on climate change issues as altogether 157 joint implementation projects have been prepared, even if only one has so far been registered at UN level. The EU-UN working group on climate change meet three times a year (2007 practice) and has agreed to focus on Kyoto Flexible Mechanisms as well as promotion of research and international action on mitigation and adaptation. Ukraine supports the EU initiative to reach a global and comprehensive post 2012 agreement by 2009, as agreed on Bali. [23]

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

The Ukraine has specifically identified the sub-national credit market as an instrument it intends to develop to assist in urban environmental infrastructure financing (including WSS). The steps towards the development of such a market show the needed combination of a number of institutions, at international, national, and local levels. [24]

Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
  • ...
  • ...
  • ...

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 check list follow the three main elements of the right to water 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 the 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

The Constitution provides for right to life, right to health and the right to a standard of living sufficient for himself or herself and his or her family that includes adequate nutrition, clothing and housing. (Articles 27, 48 and 49 respectively) Additionally, the Aquatic Code of the Ukraine, Article 6 provides for the peoples of the Ukraine’s ownership of water bodies. “Waters (bodies of water) are the exclusive property of the people of Ukraine and are given for their use only.The people of Ukraine exercise their proprietary right to the ownership of waters (bodies of water) through the Supreme Rada of Ukraine, the Supreme Rada of the Autonomous Republic of Crimea, and local Councils of the People’s Deputies. Individual power to be in command of waters (water resources) can be given to corresponding bodies of the State executive power.” [25]


Competent authorities and responsibilities clearly identified
No information | Nothing in place | Poor | Adequate | Excellent



Accessibility

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

Affordability

Adequate regulatory system in place for private or public water and sanitation service providors - 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 (resource allocation)

Water quality standards established and realistic
No information | Nothing in place | Poor | Adequate | Excellent

Ukraine needs to adopt more stringent standards on water quality.

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

Dnipro river basin is one example.

Please use the space below to list the relevant laws and administrative regulations



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 (a Ministry)
No information | Nothing in place | Poor | Adequate | Excellent
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

One of the recommendations in the latest UNECE progress report is to create structures and committees for each significant river basin in the country. All affected national, regional and local authorities should participate, possibly together with international partners (i.e. the Republic of Moldova in the case of the Dniester). The institutional responsibilities of the basin structure should be matched by sufficient funding provisions, so that the (local) water management objectives can be achieved, in particular with regard to waste water. [26]

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

Currently about 700 enterprise laboratories monitor water quality. The Ministry of Health together with the State Ecological Inspectorate are responsible for private laboratory accreditation and compliance with relevant regulations. [27]

Inspectorates or other structures for enforcement of basic requirements
No information | Nothing in place | Poor | Adequate | Excellent

The overall number of inspectors employed by the State Ecological Inspectorate has risen. [28]

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

Monitoring & enforcement

Provisions to carry out monitoring of water status and de-pollution
No information | Nothing in place | Poor | Adequate | Excellent

Polution-standards are complicated and need to be simplified and updated.[29] Monitoring as well as enforcement require special attention.[30]

Requirements to carry out inspections
No information | Nothing in place | Poor | Adequate | Excellent

Part of the problem relates to the unclear rules on sharing of responsibility between the national, regional and local inspection bodies. Moreover, priorities for inspections are not set out adding to incoherent reports in many cases. Even if requirements exist, follow-up and actions taken based on the reports are rare.[31]

Penalties for breaches of the legislation
No information | Nothing in place | Poor | Adequate | Excellent



Cross-cutting issues

Access to information & transparency

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[32] | 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

Ukraine has not published state-of-the environment reports since 2003, but continues to consult with stakeholders on a regular basis.[33]

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

Public participation

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 and public participation
No information | Nothing in place | Poor | Adequate | Excellent

“In 1999 the Parliament ratified the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). In order to harmonize existing Ukrainian legislation with the requirements of the Aarhus Convention, the Parliament approved Law No. 254-IV of 2002 amending and making additions to a number of legislative acts of Ukraine. According to an evaluation made under the recently completed Ukrainian-Danish project on “Assistance to Ukraine on Implementation of the Aarhus Convention”, the lack of mechanisms with direct effect in most regulatory acts hampers the successful implementation of the requirements of this Convention. Furthermore, the country has to harmonize its legislation with the Convention’s requirements regarding access to justice and develop effective mechanisms that enable citizens to appeal to the courts when their own environmental rights and the rights of their associations are violated.” [34] The EC too reports limited progress in regards to environmental impact assessments. [35]

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

Citizen’s rights with regard to access to environmental information has significantly been improved and broadened. NGO’s today participate in environmental decision making according to the UNECE 2007 Environmental Performance Review. [36]

Equitable representation of minorities and marginalised groups
No information | Nothing in place | Poor | Adequate | Excellent

Accountability (including access to justice and Redressing mechanisms

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
Effective legal remedies when access to information or public participation are denied
No information | Nothing in place | Poor | Adequate | Excellent

Despite important steps taken, much remains to be done in implementing the Aarhus Convention in the Ukraine.[37] The country still has to harmonize its legislation with the Convention’s requirements regarding access to justice and develop effective mechanisms to enable citizens to appeal to the courts when their own environmental rights and rights of their associations have been violated. [38]

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


Stakeholders 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.



Government officials at central level

Central/national laboratory for testing of chemicals in water
No information | Nothing in place | Poor | Adequate | Excellent

NATO has set up of a small network of four water monitoring stations on the rivers Nistru and Prut, which form the borders between Moldova and Ukraine and Moldova and Romania respectively. [39]

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

Government officials 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

CSO, NGOs and others

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
Computers with internet access / access to Internet-based health information
No information | Nothing in place | Poor | Adequate | Excellent

Awareness raising and education campaigns

Education programmes on water
No information | Nothing in place | Poor | Adequate | Excellent
Dissemination of technologies
No information | Nothing in place | Poor | Adequate | Excellent
Gender and marginalised groups problems addressed
No information | Nothing in place | Poor | Adequate | Excellent
Hygiene promotion campaign
No information | Nothing in place | Poor | Adequate | Excellent



International programmes

See above section #Identification of programmes and projects in the country (national and international)

References

  1. ↑ (source http://faolex.fao.org/waterlex/index.htm)
  2. ↑ United Nations Сcountry programme document for Ukraine (2006-2010) http://www.undp.org.ua/files/publications/cp.pdf
  3. ↑ United Nations Сcountry programme document for Ukraine (2006-2010) http://www.undp.org.ua/files/publications/cp.pdf
  4. ↑ http://ec.europa.eu/world/enp/pdf/action_plans/ukraine_enp_ap_final_en.pdf
  5. ↑ http://ec.europa.eu/world/enp/pdf/action_plans/ukraine_enp_ap_final_en.pdf
  6. ↑ http://www.oecd.org/dataoecd/29/46/36388760.pdf
  7. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  8. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  9. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  10. ↑ Global price shocks threaten to increase poverty in Ukraine – UN experts say, Thursday, April 17, 2008, UNIAN Net, http://povertynewsblog.blogspot.com/2008/04/global-price-shocks-threaten-to.html
  11. ↑ http://www.oecd.org/dataoecd/60/53/34927542.pdf
  12. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  13. ↑ National Analytical Report “Millennium Development Goals: Ukraine. 2000+5” (2005) http://www.undp.org.ua/?page=mdg
  14. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  15. ↑ Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_UKR.html
  16. ↑ Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_UKR.html
  17. ↑ Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_UKR.html
  18. ↑ Water Supply and Sanitation in Rural Areas of EECCA, Financing water supply and sanitation in EECCA Conference of EECCA Ministers of Economy/Finance, Environment and Water and their partners from the OECD, 2005 available at: http://www.oecd.org/dataoecd/42/27/35394474.pdf
  19. ↑ Water Supply and Sanitation in Rural Areas of EECCA, Financing water supply and sanitation in EECCA Conference of EECCA Ministers of Economy/Finance, Environment and Water and their partners from the OECD, 2005 available at: http://www.oecd.org/dataoecd/42/27/35394474.pdf
  20. ↑ National Analytical Report “Millennium Development Goals: Ukraine. 2000+5” (2005), http://www.undp.org.ua/?page=mdg
  21. ↑ National Analytical Report “Millennium Development Goals 2005, http://www.undp.org.ua/?page=mdg
  22. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  23. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  24. ↑ Financing Water Supply and Sanitation in Eastern Europe, Caucasus and Central Asia http://www.oecd.org/dataoecd/29/46/36388760.pdf
  25. ↑ http://pims.ed.ornl.gov/BlkSeawebsite/regulations/Ukraine/Ukraine_regs.htm
  26. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  27. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  28. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  29. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  30. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  31. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  32. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  33. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  34. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  35. ↑ Implementation of the European Neighbourhood Policy in 2007, Progress Report Ukraine, SEC(2008) 402, Brussels 3 April, 2008 http://ec.europa.eu/world/enp/pdf/progress2008/sec08_402_en.pdf
  36. ↑ UNECE Environmental Performance Review Ukraine 2007 available under Publications on the UNECE Environmental Committee website.
  37. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  38. ↑ UNECE Environmental Committee, Environmental Performance Review, Ukraine 2007, http://www.unece.org/env/epr/epr_studies/Ukraine%20II.pdf
  39. ↑ http://www.nato.int/science/news/2003/n031111c.htm

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