A Human Rights-Based Approach (HRBA) to Improve Water Governance in Europe & CIS
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Project ID | |
Project Title | A Human Rights-Based Approach (HRBA) to Improve Water Governance in Europe & CIS
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Type | UNDP-DEX
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Focus Areas | Integrated Water Resources Management (IWRM)
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Geographic Scope | |
Lead Organization(s) | |
Project Partners | |
Financing | Total: $380,000; Sources of Financing: UNDP |
Timeframe | 2009 - 2011
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Status | under implementation
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Project website(s) | |
Contacts | |
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Contents |
Description
The regional HRBA to Water Governance Programme was partly kick-started at the first meeting of Parties to the Protocol on Water and Health in 2007, when a meeting was held about the issue of a right to water. Subsequently, at a workshop on Water and Health in Bucharest, May 2008, it was agreed that the programme would add-value to water governance projects. Since then, UNDP has identified suitable countries to be included in the programme and has carried out preliminary situational analyses.
The next step is to undertake further, and more in-depth, country assessments, in order to identify areas the Country Office could provide support within the terms of the programme, with assistance from UNDP Bratislava Regional Centre. The aim is to identify a number of project options for discussion, and then to agree on the preferred project option. As of August 2009, scoping missions to identify potential UNDP interventions have been carried out jointly with UNDP GoAL WaSH in Bosnia and Herzegovina and Tajikistan (see Achievements (below) for initial results from these). It is likely the programme will next be rolled out to Kyrgyzstan and Kosovo although this has not been confirmed.
- Aim
The overall aim of the programme is to define new areas of opportunities in the RBEC region for the development of new projects in the cross-cutting field of human rights and water governance, with the ultimate goal to bridge the gap between theory and practice with regard to the right to water. In short, the right to water means having access to sufficient affordable water of drinking water quality.
The programme adopts a HRBA, as it is widely accepted that the enjoyment of all human rights is both a means and goal of development. Moreover, UN(DP) is mandated to mainstream human rights into their development programming. Following the previous secretary-general Kofi Annan’s request of UN agencies to mainstream human rights into their development programming, a UN Common Understanding on the HRBA was created, which provides a strong methodology on which this new regional programme is based.
- Key Focus Areas
The programme is structured around key areas of concern:
- 1. Water accessibility
- 2. Water affordability
- 3. Water allocation and quality.
These 3 areas constitute basic elements of the human right to water, according to General Comment 15 of the International Covenant on Economic, Social, & Cultural rights.
- Programme Structure
The 3 year regional programme consists of 3 main phases:
- PHASE 1: individual desk studies, TORs and work plans
- PHASE 2: further in-depth country assessments, focus on the design of specific projects. This phase will involve in-depth stakeholder consultations and the development of detailed project proposals for submission, as well as partner and resource mobilisation.
- PHASE 3: launching of projects, inception, implementation, reporting, monitoring and evaluation.
- BRC/CO responsibilities
Implementation of the programme is a partnership between BRC and the CO. BRC will be assisting and supporting the CO throughout all phases of the programme. However, specific responsibilities are as follows:
- BRC: will play an overall facilitation role with a focus on initial assessments and support of activities at the national level, in particular knowledge management, building partnerships and resource mobilisation.
- CO: is mainly responsible for in-depth country assessments, project development (phase 2), and project implementation (phase 3).
Expected Outcomes
The overall aim of the programme is to define new areas of opportunities in the RBEC region for the development of new projects in the cross-cutting field of human rights and water governance, with the ultimate goal to bridge the gap between theory and practice with regard to the right to water.
Achievements: Results and Impact
PHASE 1 - Desk Studies
Desk reviews of the situation in-country were completed in June 2008 for the first 6 pilot countries:
- Bosnia and Herzegovina's desk review
- Georgia's desk review
- Moldova's desk review
- Tajikistan's desk review
- Turkey's desk review
- Ukraine's desk review
PHASE 2 - Country Sector Assessments & Project Development
As of August 2009, scoping missions and country sector assessments have been completed in Bosnia and Herzegovina and Tajikistan. The following are some of the initial results from these missions (phase 3/project implementation is to begin in Bosnia and Herzegovina and Tajikistan in the last quarter of 2009/first quarter of 2010):
- Initial Results
- Bosnia and Herzegovina
- Main Issues:ageing infrastructure, institutional fragmentation, weak local authority capacity, groundwater pollution, pricing/revenue collection, water usage metering.
- Priority groups:RURAL, 125,000 internally displaced persons (IDPs), Roma, minority returnees, schoolchildren, disabled persons. Rural areas are especially vulnerable in access to affordable, potable water. Big U/R discrepancies. Following the civil war (1992-1995) IDPs (3% of popn) and returnees are very vulnerable, with deprived access to water. Rights not being met.
- Weak governance & degrading infrastructure is impeding duty-bearers from meeting their water service delivery obligations.
- Experience from shown it is difficult for international Human Rights standards to fully guide a programme. It must be tailored to a pragmatic, context-specific approach.
- There is a distinct lack of knowledge & awareness about the right to water and HR processes in general.
- The legislative framework is sufficient on paper. Bosnia and Herzegovina have signed or ratified the relevant international HR conventions, e.g. Internationall Covenant on ESCrights (1966), Convention on the rights of the child (1989) etc. The problem is enforcement/ implementation of the legislation.
For the full Country Sector Assessment see Bosnia and Herzegovina/sector assessment
- Suggested UNDP Interventions:
- Water Rights & Responsibilities Awareness Campaign / Capacity Building (joint UNDP-UNICEF)
- Comprehensive programme with target setting and on-the-ground interventions promoting safe/secure Water Service Delivery for IDPs
For details of these project options see 
B&HProjectOptionsDocumentJune2009.pdfB&HProjectComponentDocumentJune2009.pdf
B&HProjectPipeline.xls
- Main Issues:Soviet - market economy transition (soviet era water sector was heavily subsidized and well-managed, not so true today); water governance inadequacies; non-payment/fee collection. There is a real need to change public perception and instil a sense of ownership and interest in management of water resources.
- Priority groups:Rural communities, schools & medical institutions. Rural communities in the latter soviet period generally had functioning piped water supply systems operated by collective farm operators. But with the break up of these farms in post-soviet era and civil war (1992-1997) damage, rural areas are very vulnerable/lack sufficient and affordable access to potable water.
- Top “water wealthy” in world, but able to provide just 59% population with potable water. There is approximately 13,000 cubic metres of water available per capita, but VERY weak water governance is preventing duty-bearers meeting their obligations. Approximately 59% have access to potable water, but this masks huge R/U disparities.
- Very weak governance - this was emphasised continuously and underlined by Ministry of Water Resources and Land Reclamation – they are aware of the situation, but lack capacity to change situation.
- Lack of knowledge & awareness about RTW & process through which to claim rights & hold DBs accountable.
- New approach needed: Over a decade of support from various donors – with little tangible improvement. Many players in the sector, but the situation with regards access to safe drinking water and water governance has not really improved. Majority of actors have tackled the problem with infrastructural projects, we’re hoping tackling the problems from a human-rights perspective can bring about sustained improvements that are so vitally needed.
- Legislative framework adequate, problem is implementation and “buy-in” to Water Governance. Tajikistan have ratified key intl conventions, and national water laws and Water Code are comprehensive. But not fully implemented. Appointment of national ombudsman who would be a trusted intermediary and route through which to claims rights, is taking longer than expected.
For the Country Sector Assessment see Tajikistan/sector assessment
- Suggested UNDP Interventions:
- Promote HR / RTW focus within decentralized ”UNDP Communities Programme” (supported i.a. by CA IWRM programme)
- Targeted action for awareness & empowerment: Mobile theatres / capacity building workshops / etc.
For details of these project options see TajikistanProjectOptionsDocumentJune2009.pdfTajikistanProjectComponentDocumentJune2009.pdfTajikistanProjectPipeline.xls
Lessons for Replication
References
See also
Essay: What exactly is “The Right to Water”?
Bosnia and Herzegovina/sector assessment
- Wolfgang Sachs Sept 03 - Environment and Human Rights
- Water as a Human Right?
- The Right to Water, Sanitation and Hygiene and the Human Rights-Based approach to development - Calauas 1999
- The Right to Water - WHO Publication
- The Right to Water - From Concept to Implementation
- The Human Rights-Based Approach to Development - The Right to Water
- Lessons Learned From Rights-Based Approaches in the Asia-Pacific Region
- Enhancing Water Governance in Kenya through a Human Rights Based Approach
- COHRE Manual on the Right to Water and Sanitation
