No. 37 (80) November 2004

INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “DEEPENING REFORMS IN AGRICULTURE IN UZBEKISTAN AND PROBLEMS OF LEGAL PROCESS DATABASE IMPROVEMENT”

International Scientific-Practical Conference “Deepening Reforms in Agriculture in Uzbekistan and Problems of Legal Process Database Improvement” took place in Tashkent, 25 November 2004. it was organized by the Committee for Agriculture, Water and Food of the Oliy Majlis (OM) of Uzbekistan, Ministry of Agriculture and Water Resources (MAWR) of Uzbekistan, and Water User Association Support Program (WUASP) implemented by Winrock International with the financial support of the United States Agency for International Development (USAID).

Officials from the OM Committees, MAWR, State Committee for Nature Conservation, SANIIRI, Uzbek State Energy Inspection, Institute of Water Problems at the Academy of Sciences of Uzbekistan, Tashkent Institute of Irrigation and Land Reclamation, as well as representatives freom international organizations such as the World Bank, IWMI, SDC, USAID, WUASP, NRMP, SIC ICWC took part in the meeting.

The conference was opened by Bakhtiyor Olimjonov, Deputy Chairman of the Committee for Agriculture, Water and Food of the Oliy Majlis. In his welcoming speech, he elucidated the main problems in water sector in the light of agrarian reforms being conducted, and called the participants of the conference to productive work to develop concrete proposals with a view to improving the current situation.

On behalf of First Deputy Minister of Agriculture and Water Resources A.A. Jalalov, K. Ishanov made a report on “Primary tasks of the water sector in Uzbekistan to create necessary conditions for successful implementation of reforms in agriculture”. Academician R.K. Khusanov, Director of Research Institute of Market Reforms, stated about economic mechanism for deepening reforms in agriculture. The reporter accentuated the need for improving institutional bases for rational water resources use, structure of cultivated areas and irrigation techniques, as well as establishing water charges, reviewing taxation base and economic sanctions. S. Mirzayev presented the report of B. Alikhanov, acting chairman of the State Committee for Nature Conservation, “On the problems of Fresh Water Formation Zone Protection”, and elucidated difficulties the committee faces in this direction. Chairman of the State Water Inspection T.K. Kamalov talked about the problems of deepening reforms in water sector and safety of hydraulic structures. The problems and ways to raise agricultural consumption effectiveness in the context of market reform development were the subject of the presentation by E.J. MAkhmudov, Director of the Institute of Water Problems at the Academy of Sciences of Uzbekistan. Deputy Chairman of the Association of Dekhkan and Private Farms of Uzbekistan shed light on the state of water use by dekhkan and private farms in the context of market reforms. The representatives from the International Water Management Institute (IWMI) presented their vision of obstacles on the way to integrated water resources management on the example of WUA (Mehmood ul Hassan) and development of water sector reforms under environmentally vulnerable conditions in Karakalpakstan on the example of WUA “Djambul” (I. Abdulayev, M. Yakubov).

Discussing legal aspects of the reforms being conducted caused the greatest interest of the audience. Several announcements of the conference participants were dedicated to this subject. M.Turman (WUASP) elucidated legal and regulation issues related to the transfer of irrigation system management in Uzbekistan. A. Nigmatov, Professor from the Chair of Environmental and Agricultural Law of the Tashkent State Law Institute, made a review of foreign experience in regulation of water issues. WUASP legal expert U. Tursunaliyev presented a brief analysis of problems in water legislation of Kyrgyzstan. Leading specialist from SIC ICWC M.A. Pinkhasov stated proposals for improving land and water legislation of Uzbekistan in the light of implementing reforms in agriculture, and gave the chairman proposals of SIC ICWC for accelerated development of private farms and organization and functioning of WUAs being set up to serve private farms, made according to the Decree of the President of Uzbekistan dated 4 November 2004 “On Establishment of a Special Commission for Preparing Proposals for Accelerated Development of Private Farms in the years 2005-2007.”

In conclusion, the chairman thanked the conference participants for expressed opinions and proposals, and assured that all of them would be taken into consideration in the activities of the Committees of the Oliy Majlis of Uzbekistan.

INTERNATIONAL WORKSHOP “LEGAL BASES FOR COOPERATION IN TRANSBOUNDARY WATER USE AND PROTECTION”

An International Conference “Legal Bases for Cooperation in Transboundary Water Use and Protection” took place ion Kiev, 22-24 November 2004.

The representatives from the Ministry of Environment and State Committee for Water Management of Ukraine, UNECE, Swedish Environment Agency, NGO “Ecoterra”, NGO “Eco-Tiras”, Dandy University (Scotland), UNDP-GEF, EC IFAS, SIC ICWC, State Concern “Apele-Moldova”, OSCE, international commissions for protection of Danube, Dnepr and other river basins, a range of basin water organizations and commissions of Central Asia and Caucasus countries, Moldova, Ukraine, Russia took part in the workshop.

The workshop was held within the UNECE Project “Water Cooperation Potential Strengthening in Eastern Europe, Caucasus and Central Asia”, as a part of activities being carried out according to the 1992 UNECE Convention on Transboundary Waterways and International Lakes Protection and Use.

In November 2003 the third UNECE Convention Meeting took place, at which it was decided to focus on the activity aimed at cooperation on transboundary waters in the countries of Eastern Europe, Caucasus and Central Asia (EECCA). The aim of the project is to strengthen cooperation potential, improve the coordination of efforts in transboundary water resources management in EECCA countries, and is a contribution to the implementation of the European Union’s Water Initiative “Strategic Water Partnership for Sustainable Development” for these states.

The project was prepared and being implemented by the UNECE Convention Secretariat in partnership with a number of national and international organizations.

During the project implementation period (2004-2006) it is expected to consider the following aspects of cooperation on transboundary water resources:

• legal basis for international water cooperation;
• operation of joint bodies for transboundary water resources;
• joint monitoring and assessment of the state of transboundary water basins, systems of warning and signaling in emergency situations;
• access to information and information exchange, public participation;
• integrated water resources management and transboundary river basin management planning, including in conformity with the EU Water Directive;
• joint transboundary catchments and their relation with regional seas;
• application of the Protocol on Water Resources and Health.

6 sessions were held during three working days of the workshop:

Session 1. General issues of interstate cooperation on transboundary waters, including familiarization with international water law basics;

Session 2. Cooperation in the Dnepr and Dnestr river basins;

Sessions 3. International legal base for transboundary water cooperation (1997 UN Convention, 1992 UNECE Convention, Protocols on water and health, civil liability, legal aspects of international groundwater basin management and so on);

Session 4. Interstate basin agreements (Europe: Rhine, Danube rivers; Africa: Inkomaputo river; Asia: Mekong river; others);

Sessions 5 and 6. Cooperation in transboundary water resources use and protection in EECCA states: experience, problems, requirements, prospects.

On behalf of SIC ICWC, a presentation titled “Concerning the development of an international legal base for water relations in Central Asia” (Y. Rysbekov) was made.

To discuss legal aspects of transboundary river basin water resources use and protection, 4 study groups were formed:

1. Caucasus (Kura, Samur, Arake rivers);
2. Central Asia (Amudarya, Syrdarya, Zerafshan, Chui, Talas, Ili rivers);
3. Streams in EU states (Danube, Bug, Daugava, Tisa, Neman, Narva and other rivers);
4. Other streams (Dnepr, Dnestr, реки Днепр, Днестр, Severskiy Donets, Ural, Irtysh and other rivers).

The workshop organizers proposed two main subjects for discussion in study groups:

А) ratification of the 1992 UNECE Convention and Protocols to it (reasons for delay, what help is necessary to accelerate the ratification of the Convention and Protocols: on water and health; on civil liability).

В) regional bi- and multilateral agreements on cooperation in transboundary water use and protection (existing Agreements; factors impeding to implement the provisions of the Agreements; need for developing drafts of the new Agreements; what help can be needed in this context by other countries, organs, sponsors and Secretariat of the UNECE).

Within the frame of the activities of 4 groups (representatives from the UNECE Secretariat, IFAS, SIC ICWC, water agencies in Central Asian Republics), SIC ICWC suggested to submit an issue of assisting to develop drafts of the Agreements envisaged by the Program of Specific Actions for Improvement of Environmental and Socio-Economic Situation in the Aral Sea Basin in 2003-2010 (ASBP-2) developed in the performance of the Commission from the Heads of Central Asian States (Dushanbe, 6 October 2002) and approved by the Decision of the IFAS Board (Dushanbe, 28 August 2003), preparation terms of which expire in 2005, to the UNECE Secretariat for consideration:

1. Agreement on the Fundamental Principles of Joint Water Resources Management, Use and Protection in the Syrdarya River Basin;
2. Agreement on Environmental Flow Requirements for the Syrdarya River in View of North Prearalie and Aral Sea;
3. Agreement on the Fundamental Principles of Joint Water Resources Management, Use and Protection in the Amudarya River Basin;
4. Agreement on Environmental Flow Requirements for the Amudarya River in View of South Prearalie and Aral Sea,
5. Rules for water resources management in the Syrdarya basin;
6. Rules for water resources management in the Amudarya basin; and
7. Harmonization of national and regional water laws in CARs.

For the above-mentioned drafts of the regional Agreements, it was noted that work on them is going very slowly due to a number of objective circumstances.

It was also noted that there were certain buildups in regard to the Draft Agreement on Environmental Flow Requirements for the Syrdarya River in View of North Priaralie and Aral Sea and Draft Agreement on Environmental Flow Requirements for the Amudarya River in View of South Priaralie and Aral Sea but the process had not been carried to its logical completion.

The proposals of SIC ICWC to prepare a package of the above-mentioned draft Agreements were accepted by the representative of the UNECE and approved at the concluding meeting of the workshop.