HIGH LEVEL MEETING “STRATEGIC WATER PARTNERSHIP FOR SUSTAINABLE DEVELOPMENT”
Representatives of the countries of Eastern Europe, Caucasus, and Central Asia
(EEKCA), state-members of EU, Switzerland, European Commission, international
organizations, and NGO gathered in Moscow on March 5-6, 2003 to discuss status,
problems, and tasks of implementing “Strategic Water Partnership for Sustainable
Development” proclaimed at World Summit on Sustainable Development in Johannesburg
in September 2002.
Ministry of Natural Resources of Russian Federation, Danish Environment Protection
Agency (DEPA), DHI Water and Environment Institute, Russian Regional Environmental
Center have organized this meeting. Central Asia was presented by SIC ICWC Deputy
Director V.I. Sokolov.
Meeting participants affirmed their adherence to water collaboration between
East and West as well as strategic partnership as its component directed on implementation
of water policy issues of East-West partnership in environmental area, which
was initiated at World Summit.
Among main problems and objectives of EEKCA countries following were noted:
population water supply and sewerage provision, sustainable water resources
management including
transboundary waterways and regional seas.
Meeting participants have supported partnership framework proposed in program
document “EU Water Initiative, EEKCA component” having been discussed
on the Meeting in Moscow as well as role of Dane as leading state in development
of present initiative – coordinator from European Union and also role of
Russian Federation and other EEKCA in its promotion.
There is need of establishing effective mechanisms for improving coordination
and interaction for further promotion of Strategic Partnership.
Participants called for working group leaders to continue activity directed
towards further development of Strategic Partnership in general and its structural
blocks,
in particular, unless appropriate mechanisms will be established. Final statement
of Consultative meeting on environment, water, and security of Central Asia countries “Invitation
for Partnership” (Almaty, Kazakhstan, 30-31 of January 2003), which was
submitted on Meeting and reflected sub-regional approach to Strategic Partnership
implementation, was accepted with interest.
Meeting participants called for all countries of EEKCA region and other concerned
partners to join this initiative and take part in future development of Strategic
Partnership, for example, by participating in working groups activity developing
initiative. Interest and active participation of civil society in preparation
of Meeting final materials is welcomed, and deliberation to cooperate with all
stakeholders under further Strategic Partnership implementation is confirmed.
In conclusion meeting participants called for Dane and Russian Federation to
represent Strategic Partnership on behalf of EU and EEKCA countries as well as
other stakeholders in Day of Europe on 3rd World Water Forum in Kyoto on 21 of
March, 2003, and also on UN EEC Ministerial Conference on environmental issues
in Kiev.
ICWC TRAINING CENTER SEMINAR «INTERNATIONAL AND NATIONAL WATER RIGHT – ABILITY
TO REACH CONSENSUS AND MAKE DECISION»
Seminar “International and National Water Right – ability to reach
consensus and make decision” was held in ICWC Training Center on March
3-7, 2003.
Trainees got acquainted with prepared course of lectures and actively discussed
international, regional, and national legal aspects with account for theory and
practice of negotiations and mediation. Importance of all stakeholders’ participation
in elaborating and making the most actual decisions regarding regional cooperation
development and transboundary water resources management in the Aral Sea basin
was noted.
Experts from regional organizations (EC IFAS, SIC ICWC, BWOs “Amudarya” and “Syrdarya”),
public water organizations, representatives form ministries for foreign affairs
of region took part in seminar.
Seminar was organized in partnership with British Columbia University, Canada.
During seminar opening following persons addressed participants: Prof. V.A.
Dukhovny – SIC
ICWC Director, A.E. Antonov – honorable Consul of Canada in Uzbekistan,
J.B. Bekbolotov – first deputy minister of agriculture and water management,
and processing industry of Kyrgyz Republic, and M.Kh. Khamidov – Head of
BWO “Syrdarya”.
Seminar participants have noted wide thematic scope of seminar oriented on
better level understanding of approaches, principles, and methods of regulating
water
resources use, conservation, and management issues, used in world and national
practice. Given approach allow analysis of all complex of water relations from
finite water user level to regional and global issues. In turn, this helped
participants not only to see reasons of problems and tension emerging, but
also the most rational
ways of their successful solution.
Historical and geographical community of CAR countries, importance of keeping
and strengthening equal right principle under negotiations, need of development
of clear procedures were underlined, and measures taken in region and oriented
on strengthening of regional organizations cooperation were appraised. Though
five Central-Asian states cooperate intensively in this direction, which
in general is based on traditions of region peoples, there is necessity of
further
development
of legal aspects due to transition of these countries to democratic and market
relationships. Participants also confirmed that water experts ability of
negotiating, their readiness to achieve consensus, develop provisions in
water legal basis,
and interstate agreements increased significantly.
Efforts and high qualification of teachers from British Columbia University
Prof. R. Pacely and World Economy and Diplomacy University of Uzbekistan
Prof. G.A.
Khidoyatov, which provided clear idea of international and Muslim water
right for students, were noted with great gratitude.
Participants noted that in favor of all region states for providing sound
and equitable water use, it is expediently to develop measures on reproaching
national
laws and regional agreements. Also increased role of strengthening parity
principles in water relationships and need in development of strict order
of procedures
and processes were underlined.
Seminar participants manifested significant interest to cycle of lectures
and practical lessons on issues of forming ability to negotiate and
providing mediation
process in water relationships. Lecturers demonstrated on case studies
practical importance for water experts of negotiation skill on all
stages of their
preparation and implementation.
Training participants proposed following recommendations for their
account in future development of water legal basis in CAR countries
at national
and regional
levels:
At national level
- Water legislative acts of all region countries need to be updated with
account for democratization and transition to market relations, and also
in development of additional provisions. With adoption of normative acts
in other economic branches contradictions between norms regulating water
use in behalf of different management objects appeared. Need of linking
land and water codes, study of water right issues regarding irrigation is
felt
especially sharply.
- Taking into account increasing water resources deficit it is expediently
to find more effective juridical levers of influence on reinforcement
of incentives for water saving. They should be combined with further development
of water management structures technical level, which are oriented on
effective
water use, such as block payment system for maintenance, over-intake,
including payment for over-intakes at cost of resource formation, etc.
- Structural changes of social-economic nature, caused by transition to
market relations, put forward new requirements to legislative establishment
of responsibility
limits, competence and, main, responsibility (in first turn, of public
bodies) for timely and sufficient water supply to water users. Practical
application
of principle of responsibility for water supply failure to secondary
water user is especially important. Right of individual water user for waters
corresponding
to norms in amount and quality, needs in law protection. Here is broad
field of activity for science and practice of all five Central-Asian countries
with using foreign experience.
- In juridical aspect establish obligatory water account introduction
for all water users and consumers at their expense. Foresee penalty sanctions
for lack of water meters that will promote water users to provide all-round
water account. Creation of “Water Police Service” would play
certain disciplining role with appropriate functions of controlling quantitative
and qualitative parameters with right of using sanctions.
At regional level
- Enhance level of juridical knowledge in field of international water
right application in interstate water relations. Strengthen involvement
of national
juridical groups in development of regional cooperation by accelerating
conclusion of already developed and considered agreements on information
exchange, organizational
structure of interstate organizations, water use management within
basin and others.
- Support making decisions promoting participation of region states
in international conventions devoted water relations’ regulation
to apply their provisions and principles in concrete conditions
of Central-Asian
region.
- Promote activation of harmonization process between again adopted
and revised national legislation acts in water right sphere of
five countries.
Comprehensive
elimination of contradictions between acting norms of national
water right and existing and proposed for consideration interstate agreements
and treaties.
- Step-by-step and principally advocate approaches to water as natural
resources, which is not pure good or object of commodity-money
relations, but only material
substance, which can take commodity shape having both social
and ecological value.
Following present trends of world practice demand to be reflected in both
national and regional water right:
- Transition to integrated water resources management assumes inter-sectoral
coordination of plans and actions, abandonment of territorial method of
water resources management in favor of hydrographic one, wide involvement
of water
users not only in management, but also in financing.
- Introduction of market mechanisms includes aspects of privatization,
water concessions, cession and sale for water, and other problematic issues
that
should be expressed in five countries’ legislation.
- Intensification of transparency and awareness of all water use and management
participants.
- Legal establishment of responsibility for over-intake of allocated water
amounts and damage.
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