Water Management Study in Tajikistan

December 2007Water Management Study is a qualitative, quantitative and desk research analysis focused on the situation in water sector and responds to the following issues:

• Current national legal framework for drinking water and irrigation at all levels in the country;

• Government approaches in terms of ownership and sustainability of the water supply systems;

• Roles and limits of community participation in managing of potable water;

• Water Tariffs: its cost recovery and efficiency;• Donors' financing strategies of the water sector in

Tajikistan.

The report was prepared by Ruslan Ziganshin, Senior Development Expert of "Approach Consulting Group" contracted by affiliate of "Oxfam GB" Association in the Republic of Tajikistan.

The contents of the report do not necessarily reflect the policies or views of Oxfam GB.

For further information, please contact:

53 Ibn Sino Street, 734003, Dushanbe, Tajikistan Tel.: + (992 37) 2245353 or 2212242; Fax + (992 37) 247642; E-mail address: dushanbe@oxfam.orq.uk

Oxfam GB is a leading international NGO with a worldwide reputation for excellence in the delivery of aid and development work. Our purpose is to work with others to overcome poverty and suffering. Oxfam GB is a member of Oxfam International.

Web address: http://www.oxfam.org.uk/

© Oxfam GB

ACRONYMS

ACTED Agency for Technical Cooperation and Development (France)

AKF Aga Khan Foundation

ADB Asian Development Bank

CA Central Asia

CIDA Canadian International Development Agency

DFID Department for International Development, UK

DVK DushanbeVodoKanal

EBRD European Bank for Reconstruction and Development

EC European Commission

ECHO European Commission Humanitarian Office

EU European Union

ETC Early Transition Country initiative of the EBRD

FGD Focus Group Discussion

CBO Community Based Organisation

CSO Civil Society Organisation

GAA German Agro Action

GEF Global Environmental Facility

GoT Government of Tajikistan

IEC Information Education and Communication Materials

HLS(C) Healthy Life Style (Centre)

IDA International Development Association

IFI International Financial Institution

(l)NGO (International) Non Governmental Organisation

IMF International Monetary Fund

ISW International Secretariat for Water

KMK Khojagii Manziliyu Komunali (State Unitary Enterprise for Housing Services)

KJKP Cooperativnoye Jilishno-Komunalnoye Predpriyatiye (Cooperative HousingServices Enterprise)

LDC Local Development Committee

M&E Monitoring and Evaluation

MDGs Millennium Development Goals

MoANP Ministry of Agriculture and Nature Protection of the Republic of Tajikistan

MoE Ministry of Education of the Republic of Tajikistan

MoEDT Ministry of Economic Development and Trade of the Republic of Tajikistan

MolA Ministry of Interior Affairs of the Republic of Tajikistan

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MoH Ministry of Health of the Republic of Tajikistan

MoMWR Ministry of Melioration and Water Resources of the Republic of Tajikistan

MSDSP Mountainous Societies Development Programme

NDS National Development Strategy for the period of 2007 - 2015

O&M Operation and Maintenance

PO Prosecutor's Office

PRSP Poverty Reduction Strategy Paper for the period of 2007 - 2009

SDC Swiss Development and Cooperation

SECO State Secretariat for Economic Affairs

SES Sanitary Epidemiological Station

SIDA Swedish International Development Agency

SWI State Water Inspection of State Control Service for Enforcement and NatureProtection of the Ministry of Agriculture and Nature Protection

TJS Tajik Somoni (National currency)TSRIHM Tajik Scientific Research Institute for Hydrotechnique and Melioration under the

MoMWR

TSVPS "TajikSelkhozVodoprovodStroy" - Agency on Projection, Construction andExploitation of Potable Water in Rural Areas and Pastures in Tajikistan

UNDP United Nations Development Programme

UNICEF United Nations Children's Fund

US$ United States Dollar

USAid United States Agency for International Development

WB World Bank

WSS Water Sector Strategy of the Republic of Tajikistan for the period of 2006 - 2015

WUA Water Users Association

WUC Water Users Committee

WUG Water Users Group

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ACKNOWLEDGEMENTS

I would like to use the opportunity to thank Oxfam GB team members in Tajikistan: Tahmina Niyazova and Firuz Karimov for great input at national level coordination, Ghazi Kelani who helped a lot at field level coordination in Khatlon Province, Laura Holland and Bahodur Fayzullaev for support in provision of publication materials and desk research, Nosir Abdulvokhidov for dedication during focus group discussion (FGD) with civil society representatives and field trips and Peter Pichler for the overall commitment to this assignment. I highly appreciate timeliness of support provided by administration, logistics and finance staff of Oxfam GB during this study.

I enjoyed working with representatives of civil society, staff of International NGOs, UN and Donor Agencies accredited in Tajikistan and value their input.

Special credit should go to all government officials who have contributed their time, energy and thoughts to this study. The list of participants in focus group discussions and individual meetings are attached in Annex 13.3.

Ruslan Ziganshin,Senior Development ExpertApproach Consulting Group

approach

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CONTENTS:

Executive summary 6

1. Brief overview of the water sector in Tajikistan 10

2. Purpose and methodology of the study 10

3. National legal framework for irrigation and drinking water at all levels in 12 Tajikistan

4. Governmental stakeholder organisations in water sector 19

5. SWOT analysis of main governmental organisations in water sector 22

6. Government approaches in terms of ownership and sustainability of the 28 water supply systems

7. Roles and limits of community participation in managing of potable 31 water

8. Water Tariffs: its cost recovery and efficiency 39

9. Review of donors' financing strategies of the water sector in Tajikistan 40

10. Conclusions 47

11. Recommendations 51

12. List of publications / sources of information 53

13. Annexes 55

13.1. Terms of Reference 55

13.2. Study plan and time table 57

13.3. List of persons consulted during focus group discussions and 61 individual interviews

13.4. Focus Group Discussion / Individual Interviews questionnaire 65 formats (Civil Society, GoT, INGOs / UN, Donors)

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EXECUTIVE SUMMARY

Currently ACTED, CARITAS, German Agro Action, International Secretariat for Water, Mission East, MSDSP, Oxfam, UNICEF and UNDP are working in collaboration with governmental authorities to implement donor-funded projects on rehabilitation and construction of drinking water supply. Some INGOs like COOPI and CESVI are experiencing lack of funds to operate and could completely terminate the Water and Sanitation Programmes.

All of these UN / INGOs are concerned about sustainable operation and maintenance of the water supply systems. To ensure operational maintenance there is a potential need in further enhancement of legal framework on water management and ownership of water infrastructure in Tajikistan.

The Water Management Study is a qualitative, quantitative and desk research analysis focused on the situation in water sector and responds to the following issues:

• Current national legal framework for drinking water and irrigation at all levels in the country;• Ownership and sustainability of the water supply systems;• Roles and limits of community participation in managing of potable water;• Water Tariffs: its cost recovery and efficiency;• Donors financing strategies of the water sector in Tajikistan.

The main conclusions of the research are as following:

Access to safe drinking water is a fundamental human right stipulated both in international and national law: access to safe drinking water is a fundamental human right need and, therefore, a basic human right referred to in a range of international treaties and instruments ratified by the Republic of Tajikistan.

The Water Code of the RT, 2000 has been amended in 2006 specifies prioritisation access to safe drinking water however the specific law on safe drinking water supply, which is defining roles among potable water providers, has not yet passed any readings in the parliament since its submission to parliamentarians in 2003 as some stakeholders do not see a need to have separate law on potable water.

The proper mechanisms need to be in place to ensure implementation of both international treaties ratified by the state and national law of the related to water issues stipulate that access to safe drinking water as first priority.

Irrigation remains a priority in practice: the water consumption plan in irrigation reached 85 percent in 2007, 7 percent have been consumed by urban, rural water supply, 5 percent by industrial sector and 3 percent has been allocated for recreation and fishery needs (12336.2 million m3 = 12.3 billion of m3).

TSVPS pays much of its efforts to provision of irrigation water to dehkan farms in accordance with directives of the GoT to reach the cotton harvest plans.

For improvement of the melioration conditions of the 55,500 ha of irrigated lands for the period of US$ 12,149 million have been allocated from the national, local budgets and water users' funds for the period of 2005-2009.

Urban and rural water supply financing for the period of 2006-2008 from the GoT is about US$ 4.0 million and more than US$ 52,793 million (about 20 percent of this figure is given to rural water supply) allocations of major donors and IFI.

Ecological situation and the impact on climate change: careless use of water, high erosion and salination are diminishing soil productivity and erosion affects 60 percent of the irrigated

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land. The character of river flow is constantly altering that negatively affects local ecology and vulnerable sectors of national economy such as irrigation, water supply and hydropower engineering.

The ecological situation and impact on climate change will lead us to reconsider our approach and culture in the water use and consumption. Oxfam's plan for 2008 is to conduct the research of affects of climate change on livelihoods of rural population.

Needs for further water sector reforms: National budget covers 8-10 percent of the real needs of the special governmental organisations in water sector: in Soviet times the MoMWR budget was US$ 380 million (maintenance, repair and construction; not including water needs of the agrarian sector). In 2007 the budget of the same ministry is TJS 10.4 million (US$ 3,014,493) and it is planned to increase the budget in up to 50 percent in 2008.

Current tariffs cover only 10 percent of the costs and their collection rates reach 70-90 percent: Average current tariffs for water are 2.0 - 45.0 dirams per m3 (potable) and 0.78 - 1.3 diram per m3 (irrigation). These tariffs are inefficient to ensure basic operation and maintenance coverage. The collection rates have been improved during last two years and reached 70 percent for drinking water supply and 90 percent for irrigation. The main non-payers who represent 30 percent are individuals and budgetary organisations.

Internal and external migration of qualified personnel in the water sector: There is shortage of qualified professional staff in governmental organisations. Many of those who worked before in donor funded projects left their posts for better employment either outside the country like Russia or moved to international organisations and private sector. Major reason is that people are not satisfied or motivated with the existing remuneration package offered by the state agencies.

Lack of coordination approach among stakeholders on hand over practices of constructed / rehabilitated water supply systems: there are no specific guidelines developed for the hand over of the rehabilitated and / or constructed water supply systems. However there is "Instruction for approval procedure and issuing the permission for special water use" January 2005 dated which is recommendable to follow in rehabilitation / construction works.

Efficiency and sustainability of water supply systems: non-functioning water supply systems are very well known stories across Tajikistan. Unstable electricity supply, poor maintenance, limited finances to carry out minor repairs or skills to resolve major problems, poor quality of construction materials and no access to spare parts, are just some of the causes of failure. Government and donors are requested more and more by communities to allocate additional funding for operation and maintenance of water systems.

Major donors' strategies are at the revision stage: Donor funding opportunities are currently very limited and major donors are in revision stage looking in alternatives to ensure sustainability of their interventions.

The major findings of this research are matching with reluctance of donor's to invest further in the water sector as long as major issues are not addressed.

There is a probability that CIDA will completely cease funding and leave Tajikistan and SIDA is phasing out its programmes by 2009. There are very limited opportunities for gaining EC funding support for water and sanitation programmes.

In October 2007, SDC / SECO office in Dushanbe joint initiative of potential donor agencies such as ADB and DFID to search new ways of funding the water sector. The SDC / SECO and DFID consider option to contribute their resources to the ADB water sector portfolio. A possible future scenario could be that funds for water and sanitation projects could be channelled through MoF, CSOs and INGOs.

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EBRD (in Khujand) and WB (Dushanbe, Dangara, Istaravshan, Kanibadam, Kulyab, Kurgan-tube, Rasht, Vahdat and Vose) are continuing keeping their focus on urban water supply projects. WB and USAID are supporting irrigation projects.

Key recommendations proposed to relevant stakeholders including GoT, Parliamentarians, CSOs, UN, INGOs, Donors are as below:

Recommendations to the GoT and Parliament:

• Unification the efforts for adoption of the new laws on safe drinking water supply, which is defining roles among potable water providers.

• Make available of important laws, strategies, standards and other documents mentioned in this study to all relevant stakeholders. Dissemination of these materials among relevant partners (INGOs, UN, CSOs, local authorities) would be also very useful to form a common understanding.

• Follow the decentralised principle of the water management in rural areas with active involvement of WUAs and other community based providers as relevant state organisations fail to provide potable water in many of rural areas of Tajikistan.

• Develop effective tools for tariff reforms based on pilot initiatives at local levels to lay the foundations for sustainable institutional structures and participation of public and private sector in water management.

• Organise consultations with relevant stakeholders including civil society representatives when designing new policies, laws, etc. By provision of opportunity to participate and be actively involved during such processes will bring positive impact and will be beneficial to all parties.

Recommendations to implementing agencies (UN / INGOs)

• Organisation of different scale (national, regional, district) advocacy (seminars, conferences,workshops, focus group discussions, round tables, public campaigns) events and take partin the follow up policy / advocacy activities such as:

a) Revision of legal framework on water management, improving strategic planning,

b) Restructuring the state bodies in order to increase impact, effectiveness and efficiency,

c) Identification of roles of civil society and private sector in water management,

d) Water sector budget monitoring and designing diversified tariffs,

e) Technical, institutional and social sustainability of water supply systems,

f) Financing the water sector by major donors and IFIs.

• During water supply project design ensure that the right choice of technology is used (simple, affordable, locally maintainable water supply systems) including well-trained and resourced staff to ensure effectiveness, efficiency and sustainability of the water supply.

• Actively involve the potential owners of the water supply systems during whole project cycle and support active participation in activities such as: designing and constructing a water system, capacity building training, advocating for fair tariff, timely fees collection, operations and maintenance, public awareness building on efficient use of water resources and etc.

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• Capacity building training for the operator of the water supply system with focus on the issue such as: O&M, transparent financial management system (budgeting, tariff system, fees collection and financial records), communication and training skills to build awareness of people on careful use of water resources.

• For improvement of coordination approach among stakeholders on hand over practices of constricted / rehabilitated water supply systems it is recommended to follow the "Instruction for approval procedure and issuing the permission for special water use"endorsed on January 20, 2005 according to the Decree of the GoT, December 3, 2002 dated, No 485.

• Raise the level of awareness of general public to reduce water losses through organisation of public campaigns, dissemination of I EC materials and transmit the social advertisements.

• Develop projects for extensive installation of water meters that will lead to effective water consumption planning processes and will decrease the bad impacts on the environment as then people would have to pay for the water consumed and will use water resources more efficiently.

Recommendations to donors and IFI:

• Continue joint stakeholders' consultations (GoT, CSOs, UN, INGOs, etc) with in order to identify greater funding needs and mainstream effective implementation of main national strategies covering water issues as well as internationally agreements such as MDGs.

• Donors and IFIs should be well informed by NGO community on policy / advocacy and lobbying initiatives undertaken in order to take the outcomes of this work into consideration when negotiating prioritisation of funding needs with GoT.

General recommendations

• The main covered issues within this study were a) national legal framework on water management; b) governmental approaches in water sector; c) ownership and sustainability of water supply systems; d) roles and limits of government and civil society in managing of potable water; and e) donors' financing strategies should be further deeply assessed. The studies should go beyond experiences in Tajikistan and identify suitable best practices abroad. In addition, the analysis of the private sector participation in the water sector should be also carefully analysed. All of this will be extremely important knowledge for further planning, decision-making and actions.

• The SWOT analysis should be done for each governmental stakeholder organisations (both internally and externally) and then jointly compiled in close consultation and collaboration. The same exercise would be useful for the CSOs water providers to assess their capacities, identify their development needs and provision of support in addressing these needs.

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1. BRIEF OVERVIEW OF THE WATER SECTOR IN TAJIKISTAN

The inadequate supply of clean drinking water appears to be the single greatest health hazard in Tajikistan with the population of more than seven million1 73 percent of whom living in rural areas2. 59 percent out of total number of residents have access to drinking water. Drinking water reaches 93 percent of the urban citizens and only 47 percent of the rural population3. 52 of the 62 cities, district centres and towns have centralised water supply systems. While 87 percent of urban residents receive their water from centralised water supply systems, this is true for only 20 percent of the rural residents4.

The figures of the water consumption by sectors according to the State Water

Inspection5 of the Ministry of Agriculture and Nature Protection of the Republic of Tajikistan in 2006 were as following: irrigation - 85 percent; urban, rural water supply - 7, industrial needs - 5

percent, recreation and fishery needs - 3 percent6. Water consumption is marked by various negative patterns, such as excessive consumption, non-payment for services provided, inadequate metering of water delivered, and so on7.

Inadequate budget appropriations, low tariffs and inefficient use of domestic and foreign investment have meant that no serious changes have been made in the sector's material base and in the quality of services provided8.

Government of Tajikistan acknowledges that comprehensive structural and institutional reforms are required in the water sector, revision of regulatory and legal framework and endorsement of drinking water legislation need to be done. The entry of private businesses into the water supply market is being hampered by insufficient public-private partnership mechanisms, existing administrative barriers, low cost recovery and insufficient state support.

The poor quality of strategic plans, shortage of qualified personnel and unavailability of agency responsible for implementing a unified policy in the sector should be addressed.

2. PURPOSE AND METHODOLOGY OF THE STUDY

Water Management Study is a qualitative research focused on analysis of the situation in water sector and responds to the following burning issues:

• Current national legal framework for irrigation and drinking water at all levels in the country;• SWOT analysis of the governmental structures in water sector;

1 United Nations data, 20042 World Bank Poverty Assessment Update 2005, p. 23 National Development Strategy of the Republic of Tajikistan, 2007 - 2015 (NDS)4 Tajikistan Water Sector Strategy, 2006 - 2020, Water Supply and Sanitation, p.255 The State Water Inspection (currently based in the MoMWR building) is part of the "Service of State Control foruse and protection of nature" which was merged with MoANP in 2007 as the result of state bodies' reform.6 Meeting with Munim Samadov, State Water Inspection, November 27, 20077 NDS, p. 518 Ibid, p.51

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Water Consumption by sectors, MoANP, 2007

US Irrigation

m Potable water supply

□ Industry

□ Recreation and fisheryd8E

• Government approaches in terms of ownership and sustainability of the water supply systems;

• Roles and limits of community participation in managing of potable water;• Water Tariffs: its cost recovery and efficiency;• Review of donors' financing strategies of the water sector in Tajikistan.

During this study the following data collection and analysis methods have been used: a) desk research - literature review of the relevant international standards, national laws and regulations, programme / project documentation materials of different organisations / institutions, reports and publications covering management of irrigation and potable water; b) focus group discussion and c) individual interviews with representatives of government and civil society organisations, INGOs, UN agencies and donors / international financial institutions.

The research team consisted of six persons: team leader, who was overall in charge for this assignment, two persons for national level coordination and two persons for field level coordination and one short term consultant responsible for the production of the report. In total the research team has allocated at least 80 persons / days.

The details of the research process can be obtained from the table below:

__________________________________Activities___________________________________1. Inception phase:

• Desk research: collect and review assignment related documentation (project reports, laws, decrees, other relevant documents and publications);

• Meet with Oxfam research team to agree concepts, study directions and outcomes, methodology, contacts and organisation meetings;

• Organisation the meetings with relevant representatives of government departments, donors, UN agencies, INGOs, Water Management Committees, CBOs, Jamoat

_______Resource Centres, according to the agreed list with Oxfam._______________________2. Research phase

• Continue to organise meetings;• Individual interviews with key stakeholders (government, donors, UN, INGOs, other

main partners);• Focus group discussions with beneficiaries and local authorities;• Observations and analysis. _________________________________________________

3. Synthesis phase:• Research team work: Discussions of findings and recommendations, structure and input

to the final report;• Draft report (concept note - executive summary and recommendations) writing and

waiting for Oxfam GB comments;• Revision of report;• Submission of 2 nd draft report (executive summary, main findings, recommendations)

4. Deliverables:• Debriefing in Oxfam GB;• Final report writing and submission. __________________________________________

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3. NATIONAL LEGAL FRAMEWORK FOR IRRIGATION AND DRINKING WATER AT ALL LEVELS IN TAJIKISTAN

Since independence in September 9, 1991 up to present times Tajikistan as a sovereign country experiences challenges in revision of the national legal norms that ensure effective and efficient regulation of water management and other relations in the country with market economy. Transition period was complicated as the result of changes in political course, civil war, social unrest, widespread poverty and other factors. Currently legislators have more solid experience and capacities to developing such laws that meet the up to date requirements.

Land, bowels of the earth, water, airspace, animal and vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people . Water legislation of RT is based on the Constitution of RT and consists of the Water Code, laws, normative legal acts of the Republic of Tajikistan and international legal instruments recognised by the Republic of Tajikistan10. Water supply is the natural monopoly of the State11.

Main national laws that regulate relations in water sector are as following:

1. Constitution of the Republic of Tajikistan, November 6, 1994 (amended as the result of referendum on June 22, 2003)2. Water Code of the Republic of Tajikistan, November 10, 2000 (amended in March 3, 2006)3. Law of the Republic of Tajikistan on Water Users Association

In addition there are the following main laws which regulate the relations of different aspects of water issues: Law on Bowels of the Republic of Tajikistan, 1995; Law of the Republic of Tajikistan on Nature Protection, 1993 (last amendments done on July 15, 2004); Land Code of the Republic of Tajikistan, 1992 (last amendments done on May 12, 2001); Forestry Code of the Republic of Tajikistan, 1993; Law of the Republic of Tajikistan on Veterinary, 1993; Law on the protection and use of the animal world, 1994; Law on Land Charges, 1997; Law on Public Health, 1997; Law of the Republic of Tajikistan on State Sanitary Supervision, 2004 (amended in 2007); Law on Energy, 2000, Law on Ecological Expertise, 2004; Civil Code of the Republic of Tajikistan, 1999 (last amended in 2006); Administrative Code of the Republic of Tajikistan, 1993; Criminal Code of the Republic of Tajikistan, 2006; Law on Natural Monopolies of the Republic of Tajikistan, 2007

Main national laws related to waterName of the document Overview of the document

1. Constitution of the Republic of Tajikistan,

Constitution consists of 10 parts (1. Fundamentals of Constitutional structure; 2. Rights, Freedoms, Core Duties of Individuals and Citizens; 3. Majlisi Oli; 4. The President; 5. The Government; 6. Local Government; 7. The Gorno

9 Article 13 of the Constitution of the Republic of Tajikistan10 Article 3 of the Water Code of the Republic of Tajikistan, 2000 (amended in 2006)11 Law on Natural Monopolies Article 5, paragraph 7: Spheres of activity of the legal entities of natural monopolies: services of water supply and / or sewerage

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November 6, 1994 (amended as the result of referendum on June 22, 2003)

Water Code of the Republic of Tajikistan,November 10, 2000 (amended in March 3, 2006)

Badakhshan Autonomous Oblast; 8. The Court; Constitution) and 100 articles.

As it is mentioned in articles 5 (the individual, his / her rights and freedoms are the highest value, recognition, observance and protection of human and civil rights and freedoms is the obligation of the state) and 14 (freedoms and rights of individuals and citizens are protected by the constitution, the laws of the republic, and international documents recognised by Tajikistan) it is an effective entry point for dialogue on fundamental human right to have access to potable water;

In art. 10, part 1 of the Constitution mentioned that the main law has supreme legal authority and its norms have direct application, laws and other legal acts that run counter to the constitution are of no legal validity. Since Independence up to present times Tajikistan has ratified many internationally accepted instruments and if national laws do not conform to the recognised international legal documents, the norms of the international documents apply;Article 13 stipulates that land, bowels of the earth, water, airspace, animal and vegetable kingdoms, and other natural resources are owned by the state, and the state guarantees their effective use in the interests of the people;In article 38 it is mentioned that everyone has the right to health care and the state undertakes measures aimed on environment sanitation. Article 44 demands protection of nature is the duty of every person.

The Purpose of the Water Code of the Republic of Tajikistan is aimed at regulating water relations in order to ensure rational use of water for the needs of the population, branches of economy and the natural environment, protection of water from pollution, damage and exhaustion, preventing and liquidating adverse impact of water, improvement of condition and protection of water bodies, strengthening of lawfulness and protecting the rights of individuals and legal entities in the field of water relations.Water Code of the Republic of Tajikistan describes the economic mechanisms of water use including: charges for special water use and free of charge of general water use, payments for water resources use within limits (excepting agricultural irrigation and forestry), payment for above limits and irrational water use, service fees in regard to collection, transportation of water to consumer.

The Law consists of V Sections, containing 24 Chapters that comprehend 146 Articles. Water resources represent the totality of groundwater and surface water. Water is the exclusive property of the state. Water use shall be classified as general water use that is carried out without waterworks and technical equipment that can have impact on the state of water and special water use that is carried out with the utilisation of waterworks and technical equipment. Special water use is charged. Section I lays down the general provisions: Chapter I lays down the general provisions (arts. 1-13). Chapter 2 regards distribution, designing, construction and putting into operation factories, constructions and other objectives that can have impact on the state of water (arts. 14-18). Chapter 3 regards execution of work at water

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9. Procurator's office; 10. Procedure for introducing amendments to

bodies and water conservation zones (arts19-22), modalities of execution of work at water basins and water conservation zones (arts. 19-22). Section II lays down the Water Use: Chapter 4 classifies the types of water use (arts. 23-26). It deals with general and special water use (arts. 23-26). Chapter 5 concerns water users and the objects of water use (arts. 27-29). Chapter 6 determines the modalities and conditions of the concession of bodies of water for use (arts. 30-41). Chapter 7 determines the rights and the duties of water users and water management bodies (arts. 42-48). Chapter 8 regards cessation of the rights of water use (arts. 49-52). Chapter 9 deals with use of bodies of water for drinking, domestic and other needs of the population (arts. 53-60). Chapter 10 regards use of bodies of water for care of health, recreational and sanitary purposes (arts. 61-65). Chapter 11 regards use of bodies of water for agriculture (arts. 66-79). Charter 12 deals with industrial and hydroelectric purposes (arts. 80-84). Chapter 1.3 regards use of bodies of water for the needs of water and air transport (arts. 85-87). Chapter 14 regards use of the bodies of water for fisheries (arts. 88-91). Chapter 15 regards use of bodies of water for hunting (arts. 92-93). Chapter 16 regards the use of bodies of water for the needs of protected areas (arts. 94-97). Chapter 17 regards use of bodies of water for waste water discharge (arts. 98-101). Chapter 18 regards water use for fire-prevention and liquidation of emergency and other similar situations (arts. 102-103). Chapter 19 regards running water reservoirs (arts 104-107). Chapter 20 deals with water dispute settlement (arts. 108-118). Section III regards water protection and prevention of its hazardous impact. Chapter 21 regards water protections (arts. 119-128). Chapter 22 regards prevention and liquidation of hazardous impact of water (arts. 129-132). Section IV regards state control, registration and planning of water use. Chapter 23 regards state control, registration and planning of water use (arts. 133-140). Section V establishes liability for the infringement of water legislation. Chapter 24 establishes liability for the infringement of water legislation (arts. 141-146).

3. Law of the Republic of Tajikistan on Water Users Associations (WUA), 2006

Law regulates the legal framework of the organization, activities and management of WUAs as non-profit organisation for operation and maintenance of irrigation system in the interest for the public benefit. The law consist of Chapter 1: General Provision (articles 1-4); Chapter 2: Establishment and Liquidation of WUA (articles 5-7); Chapter 3: Legal Status of WUA (articles 8-11); Chapter 4: WUA Management (articles 12-17); Chapter 5: WUA Property (articles 18-19); Chapter: Final Provision (articles 20-25). According to the art. 3 of this law the purpose of establishing of the WUAs to protect, use inter-farm irrigation system shared or belonging to individuals water facilities for fair, effective, timely distribution of water among their members and other water consumers, collection of water supply charges, resolution of disputes between members and other water consumers on distribution and use of water.

4. Law of the Republic of Tajikistan on Nature Protection, 1993 (last amendments done on July 15, 2004)

This Law secures the legal framework of the following basic principles in the field of environment: prevention of the destruction of natural ecosystems and beginning of irreversible changes in the natural environment; compliance with acceptable bounds of environmental impact; quality standards of natural environment ensuring environmental security and conservancy of natural resources; quantitative and qualitative registration of harmful impact on natural environment; enforcing environmental impact assessment. Law regulates water relations with the goals of rational use, protection of water resources and providing a legal framework to protect the rights of physical and legal persons

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in water relations.The Law consists of 16 Chapters and 90 articles. According to the article 5, water resources are under special protection. Chapter 6, articles 38 - 42 should be taken into consideration for design, construction, reconstruction and exploitation of objects (water supply systems in particular). Chapter 7 stipulates ecological requirements during exploitation of objects. Chapter 11 describes civil society's roles and opportunities to take part in nature protection measures.

5. Land Code of the Republic of Tajikistan, 1992 (last amendments done on May 12,2001)

The Land Code makes provision for the regulation of "land relations" and its purpose is to secure rational use and protection of land, the protection of the environment, and "the equal development of all forms of economic activity in Tajikistan" (Preamble). Other laws regulating land relations may be enacted on the basis of this Code.Land is declared to be in exclusive ownership if the State in article 2. National land resources are divided into categories listed in article 3 and including farming lands, lands of national wood reserves, lands of national water reserves, and state land reserves. These categories are stated in the land cadastre, the land use register; in land allocation decisions of executive bodies Chapter 15, articles 95 - 98 specify water resources conservation issues.

6. Law of the Republic of Tajikistan on State Sanitary Supervision,2004 (amended in 2007)

The Law regulates public and legal relations as regards ensuring sanitary and epidemiological well-being and radiation safety of the population securing the right of the citizens to favourable environment. The Law consists of 7 Sections composed of 39 articles dealing with the following matters: 1) general provisions (sect. 1, arts. 1-4); 2) the rights and the duties as regards sanitary and epidemiological well-being of the population (sect. 2, arts. 5-10); 3) requirements for the ensuring regards sanitary and epidemiological well-being of the population (sect. 3, arts. 11-25); 4) liability (sect. 4, arts. 26-27); 5) the state sanitary and epidemiological supervision and public control (sect. 5, arts. 28-31); 6) the state sanitary and epidemiological service (sect. 6, arts. 32-38); 7) international agreements (sect. 7, art. 39). The citizens shall be granted access to the following information: 1) the state of environment; 2) quality and safety of foodstuffs and potable water (art. 5). Water quality used for centralized and decentralized water supply must comply with the established sanitary requirements (art. 16).

In 2002 - 2006 the GoT approved several legal normative acts of the Republic of Tajikistan regulating water management relations, which include: Decree on "Rules and Regulations for water objects use for fisheries and hydroelectric need"12, Decree "On design, registration and provision of permit for special water use"13, Decree on "Regulations for encouragement of water users involved in valuable to the community activities on rational use and protection of waters"14, Decree "On introduction of Stare Water Cadastre"15 and etc. Below are the matrixes presenting main national laws / normative legal acts, concepts, strategise and programmes on water issues

12 Russian version: riocTaHOB/ieHMe o «npaBM/iax no/ib30BaHna BOflHbiMM o6-be«TaMM fl/ia HVWfl pbi6Horo xcoflHCTBa v\ rn,a,po3HepreTHKM»13 Russian version: nocraHOB/ieHHe o «l"lopfl,qoK o$opM/ieHMfl, perciCTpaunn M BbiflaHM pa3peiiieHMM Ha cneu,kta/ibHbie BOflono.nb30BaHne»14 Russian version: l"l-Hne o «nopflflKe noompeHna BOflono/ib30BaTe/iePi, ocyinecTB/iaioLUMx o6i^ecTBeHHO-no/ie3Hbie MeponpHflTHfl no paunoHa/ibHOMy ncno/ib30BaHMK) M oxpaHe BOA»

15

Main legal normative acts on water issues Name of the document Overview of the document

7. Rules and Regulations for water objects use for fisheries and hydroelectric need

These rules were developed according to the Water Code of the RT, art 91 and aimed to regulate relations for protection of water reservoirs (according to the article 2: all rivers, lakes, ponds and its appendage waters) which are using or could be used for fishery purposes. According to the art. 16. Water taking from fishery water reservoirs for irrigation can be done after approval of special state bodies for nature resources control and regulations.

8. Instruction on design, registration and provision of permit for special water use

This instruction was approved on January 20, 2005 and stipulates the order of design, registration and permit for special water use (use of water by way of application structures and engineering means, in exceptional cases other water objects could be referred to the "special water use" if they make impact on condition of water). The instruction defines the list of required documents for coordination and obtaining the permit; provide the guidelines on making the amendments and nullifying conditions for special water use; the instruction provides guidelines on consideration of the construction (reconstruction) projects of water supply objects of without regard to form of ownership. The permit is given by MoANP (nature protection territories); MoMWR (irrigation); Local Authorities (for underground water use not centralised water supply less than 50 m3 per day). Coordination for getting permit for the special water use should be done with: state sanitary control agencies; with geology department (underground water); state agencies responsible for control over thermal waters; with owners of water pipelines and sewerage; with veterinary service; etc.

9. Regulations for encouragement of water users involved in valuable to the community activities on rational use and protection of waters

The following regulations were introduced based on the Water Code, article 46 aimed on provision of incentives for water users implementing measures on rational use and protection of water. The order and level of incentives defined by upper bodies of the water users according to the legal normative acts of the Republic of Tajikistan. Financial incentives are provided from saved resources of the water users by the end of each year according to the proposals of specialised governmental bodies as the result of monitoring activities / reports.

10. Stare Water Cadastre The Water Cadastre was introduced according to the articles 12 and 135 of the Water Code aimed on increase efficiency and effectiveness in water supply according to the real needs in water resources, regime and quality of water used, and better documentation of the information on water users through formation an automatic electronic system of data collection and analysis. Main focal ministries on the development and further elaboration of this document are: MoANP (on surface waters) in coordination with Centralised Administration (Main Department) on Geology (un underground waters) and MoMWR (on water use).

15 Russian version: ("locTaHOB/ieHMe o «0 BBeAew-iH TocyflapcTBeHHoro BOflHoro Ka,qacTpa»

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Main concept papers / strategies / programmes related to water issues Name of the document Overview of the document

11. Water Sector Strategy (WSS) for the period of 2006 - 2020

This document addresses problems related to water resources, their integrated management and water utilisation systems with respect to economic development and poverty reduction. Increasing effectiveness in the water utilisation system is the goal of the present Strategy, which includes short-, mid-, and long-term interventions. The main strategic objectives include: a) Satisfaction water users and water-consumers' water resource needs with due consideration of inter-state water divisions; b) Rehabilitation of the existing water economy infrastructure and its productive base; c) Instituting full cost recovery for the water supply sector; d) Reclamation of lands suited for irrigation; e) Integration of new, economically efficient technologies; f) Implementation of an effective water-saving program; g) Gradual transfer to a systematic management approach with regard to hydrographic and one administrative units, wide establishment of WUAs, water demand management, differentiation of water payment and its water supply depending on context; h) Implementation of the restoration, expansion and construction of new water supply, sewage, and water-treatment facilities; integration of updated technical devices and technologies, water meters and quality control. The Section 6: Water Supply and Sanitation specify that the infrastructure deteriorated by an estimated 70 percent while water losses amount in it equals 50 to 60 percent. The main problems of water supply mentioned in WSS are: a) poor legal framework - the Water Code does not sufficiently deal with the issues of water supply and sanitation; it is necessary to elaborate a specific law concerning water supply, to develop drinking water standards and to allow the privatisation of water supply and sewerage facilities; b) absence of water meters and limited ability for users to make service payments; c) absence of a body which could coordinate technical policy, design, rehabilitation, construction and operation of water supply and sanitation systems; d) inconsistent power supply and high depreciation of capital assets, as well as a deficit of hydro-power equipment; e) low public awareness about proper water use and sanitation practices.

12. National Development Strategy of the Republic of Tajikistan for the period of 2007-2015 (NDS)

This document provides an overview of the Republic of Tajikistan in relation to its long-term development and the directions of action required to realise projected economic reforms. The goal of these reforms is to guarantee a stable high rate of economic growth and thereby reduce poverty levels, with the aim of achieving the Millennium Development Goals (MDGs). The W&S described under the Social Block of the Strategy (section 7.5, p. 84). Basic direction of actions in the Water Sector are: a) Reform the system as a whole by improving the policy in the sector and setting up new organisations of proprietors; b) Creation of favourable conditions for investments in the sector, and for attracting the private sector; Development of local water supply systems in rural settlements. Expected results: The number of people without secure access to drinking water will be halved and new associations of owners of water supply, sanitation, and housing services will be set up that will regulate the sector

13. Poverty Reduction Strategy Paper of the

This document, the Poverty Reduction Strategy of the Republic of Tajikistan for 2007-2009 (PRS), is intended to serve as a medium-range socio-economic development programme for the country. The actions outlined in the PRS

17

Republic of Tajikistan take into account the results of the implementation of the Poverty Reduction Strategy Paper (PRSP) for 2002-2006for the period of 2007 and the lessons learned from that process. Under the Section 2.1.1 "The status of poverty. Dynamics and key tasks" it- 2009 (PRSP) is laid down that "...A significant proportion of the population in Tajikistan has problems with access to clean drinking

water. Only one-third of the population has access to chlorinated water from a public utility, 29% of the population uses water from centralized sources, and the rest of the people collect water from cisterns and irrigation ditches. As much as 40% of the water consumed is not potable and 41% of the population uses water from public utilities that is of poor quality" (page 11). The plan is to increase the provision of regular access to high quality safe drinking water from 93 to 96 percent in urban areas and from 49 to 51 percent for rural population

There are some more strategic documents that tackle the water issues: Concept of the rational use and protection of water resources in the Republic of Tajikistan concept of the fuel and energy complex development of the Republic of Tajikistan for the period 2003-2015; Programme for the economic development of the Republic of Tajikistan for the period up to 2015; Programme for the first priority measures on improvement of the ameliorative conditions of irrigated lands in Tajikistan for the period 2005-2009; State ecological program of the Republic of Tajikistan for the period up to 2008; MDGs (estimation of financial expenses) for the Republic of Tajikistan; Programme "Fresh water and sanitation of Tajikistan" and etc.

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4. GOVERNMENTAL STAKEHOLDER ORGANISATIONS IN WATER SECTOR

The water resources use and protection is based on combination of the basin, territorial and administrative-territorial principles of management and is carried out by the GoT, local executive authorities, as well as the specially authorised governmental bodies for regulation of water use and protection16.

The GoT has identified four specially authorised state bodies for regulation of use and protection of water based on decree of the President of the Republic of Tajikistan dated January 10, 2007, No 143 on enhancement of the structure of bodies of the executive power of the Republic of Tajikistan:

• The Ministry of Melioration and Water Resources (MoMWR) is the national management body in the area land melioration, water management, rural water supply and pasture watering and its TajikSelkhozVodoprovodStroy (TSVPS);

• The MoANP branch subordinated by State Control Service for use and protection of Nature after reorganisations in January 2007 is the State Water Inspection (SWI), responsible for the state control over water resources use and protection;

• The Main Department of Geology under the GoT (underground waters);• The Main Department for Supervision over Safety in Industry and Mining under the GoT is

responsible for control over the rational use of medical, mineral, thermal and industrial underground water, and also the therapeutic mud.

Government of the Republic of Tajikistan

MoMWR + TSVPS• Rural water

supply andpasturewatering;

• Watermanagement;

• Landmelioration.

MoANP + StateWater

Inspection• State control over water resources use and protection

Main Department of Geology• Research and

identification ofwaterresources;

• State controlover

underground waters

Main Department for Supervision over Safety in Industry and Mining • State control over use of medical, mineral, thermal and industrial underground waters

Table 1: Specially authorised state bodies for regulation of use and protection of water

Along with the above bodies the specially authorised organisations are:

• The Ministry of Economic Development and Trade (MoEDT) exercises coordination in the area of planning and prediction of the rational use and protection of water resources and its Administration on Antimonopoly Policy and Competition Development exercises the tariff regulations associated with use of water and the other resources;

• The Ministry of Health (MoH) and its a) Sanitary Epidemiological Station (SES) ensures sanitary and epidemiological well-being of the population securing the right of the citizens to favourable environment, potable water, water quality check up tests used for centralised and

16 2006 National Report of the Republic of Tajikistan within the framework of UNEP support for achieving the Johannesburg plan of implementation target of "Integrated Water Resources Management and Efficiency Plans by 2005, with support to developing countries"

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decentralised water supply in particular; b) Healthy Life Style Centre (HLSC) responsible for prevention of disease spread (including water born) through public awareness raising activities and medical staff training provision on public health issues;Ministry of Education (MoE) provides expertise in developing Information Education and Communication (IEC) materials and making approval of education materials for academic curricula for schools, colleges, universities for e.g. on public health or healthy life style; Administrative bodies of executive power such as: municipal authorities in major eight cities / towns / oblast / districts17 levels that subordinate the function of Vodokanals and Khojagii Manziliyu Komunali (KMK) - housing service enterprise18.

17 Cities / towns: Dushanbe - capital; Khujand, Chkalovsk, Kanibadam in Sogd Province, Kurgan-Tube in KhatlonProvince; Districts: Spitamen, Isfara in Sogd; Vahdat is the Rayon of Republican Subordination18 Vodokanals and KMK are located in urban areas and centres of the districts in rural areas where no main irrigationchannels exist but sometimes KMK get water from TSVPS

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Other ministries and MoMWR GoT

departments involved

• Landmelioration;

• Administration at the National level

MoEDT: water tariff regulations;• MoH* water

• Watermanagement;

quality check ups (SES) and prevention of water born diseases (HLSC);

Local executive bodies

• MoANP State Service Control on Use and Protection of Nature + SWI:

• Authorities of the GoT at oblast (regional) and district levels

water resources use control andprotection; TSVPS KMK + KJKP Vodokanals

• Main Department • Rural water • Housing services • Urban waterof Geology:control over underground

supply; •

Irrigation;

including water supply (partially consume water

supply •

Construction,waters;• Main Dep't for Supervision over Safety in Industry and Mining: control over use of medical, mineral, thermal and industrial underground waters;

• Pasturewatering;• Constructionandreconstruction , O&M of the water supply systems and irrigation netwbrks mainly where water

from the TSVPS based on contracts) & sewerage O&M in towns and centres of the districts in rural area

reconstructs n, O&M of the water supply system and main water pipe networks

• MoE: IEC and PH channels existeducationmaterials approval for schools,colleges, etc.

Community level: CBOs (community potable water providers) which own water supply systems have collaboration with TSVPS on O&M.

WUAs: are non commercial organisations facilitating the process of provision of irrigated water to : their plots of land in collaboration with TSVPS

Table 2: Key organisations involved in water management in the RT

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SWOT ANALYSIS OF MAIN GOVERNMENTAL ORGANISATIONS IN WATER SECTOR

Referring to the Water Sector Strategy there is no coordination or unified planning in the water utilisation system activity at the national level; current practices are independently pursued at the administrative and territorial level, despite the principle of basin and inter-district management enshrined in the Water Code of Tajikistan19.

The SWOT analysis is done of the MoMWR and subordinated TSVPS which are mostly involved in management and own both irrigation and potable water supply systems in rural area and ensure O&M. The findings could partially relevant to other stakeholders such as MoANP and its SWI, MoH and its SES, local authorities and its Vodokanals and KMK.

The report presented could be characterised as breadth analysis as an entry point and is recommended to different stakeholders to facilitate the depth analysis in future. The examination includes the following six dimensions and could be shorten or enlarged upon the needs:

• Structures, management and coordination procedures;• Finances;• Number of staff, recruitment procedures, qualification and training;• Monitoring system;• Reporting, information flow and data exchange;• IT-equipment.

5.1 STRUCTURES, MANAGEMENT AND COORDINATION PROCEDURES

Strengths• New Law on WUAs has been approved by the GoT in 2006;• Water laws, normative acts, strategies, programmes are known by all of the state actors at

national level via publications of laws and decrees at national level;• All the authorities report about shortage in legislation on safe drinking water and water supply,

make amendments into existing laws on denationalisation of water supply, change of ownership type, transfer of the drinking water supply systems to the private companies;

• In most cases the authorities get the drafts of the laws to look through and often their remarks are taken into consideration;

• Organisations have annual work schedules, regular meetings of leaders and regular staff meetings;

• Information to the public is given through mass media (both printing and electronic) concerning water level, floods, access to water, water reserve, etc;

• Authorities are actively involved in W&S construction / reconstruction project supported by international donors (ADB, EBRD, SDC, WB);

• Regular meetings are held with different stakeholders: NGOs, Donors, International Financial Institutes, etc

Weaknesses• Complicated hierarchical structure with various functions in the area of water resources use

and protection (In 2007 Ministry of Agriculture and State Committee on Protection of Natureand Forestry have been merged to one ministry for agriculture and nature protection issues,the Ministry of Agriculture and Nature Protection of the Republic of Tajikistan (MoANP), in 1997TSVPS became part of MoMWR but since its formation in 1984 was subordinated directly byTajik Cabinet, in Soviet times there was the Ministry of Housing Services but sinceindependence it was restructured to the State Unitary Enterprise "Khojagii Manziliyu Komunali"and Vodokanals subordinated by municipalities in major cities, towns and district authorities atlocal levels);_______________________________^____________________________________

19 Water Sector Development Strategy in Tajikistan 2006, p. 20

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Absence of unified body pursuing general technical policies and coordination in the watersupply and sewerage in the country;Water resources management system at the national level is mainly based on theadministrative-command method of management;The draft Law on Safe Drinking Water and Water Supply developed and submitted to theParliament in 2003 has not passed any readings and is not yet in force;Issues associated with change of the ownership type, transfer of the state owned water sectorobjects to other legal entities are the competence of the Government, but the relevantprocedure is not approved yet;The issue on denationalisation and participation of private sector in safe drinking water supplyare still not clearly stated and partially prohibited by the national legislation;New laws, rules and regulations are not spread quickly enough, so staff at local level andcommunity representative involved in managing water would require more information andguidance, more guidance is required at least for the main water laws and legal frameworkdirective (strategies, programmes, plans);Training / information about new directives, laws, strategies, programmes seems to be given ina form of consultation only and for the top managers of the institutions;Limited guidance has been given how to implement international standards ratified byTajikistan related to water issues.

OpportunitiesConcentration of efforts on strengthening the legal framework, strategies, programme on thewater management with special focus on potable water, ownership of the water supplysystems, considering water as economic good, law on water charges, law on monitoring ofutilisation of water resources, etc.The experts of the respected organisations should be involved stronger in the law-makingprocess (preparatory working, they are the expert and know things best);Training / information about new directives, strategies, programmes, plans should be given tothe staff and community representatives as early as possible - not only to the heads - for thesake of professional work in time;Gradual transition to the systemic management method within the hydrographical units insteadof administrative divisions;Introduction into practice the water demands management, differentiation of water tariffs and itsdelivery in accordance with the specific conditions;Countrywide establishment of WUAs and development of the diversified forms of private,collective, and joint-stock water use on the basis of market-oriented water managementactivities.

ThreatsWSS, NDS, PRSP strategies have sections specifying measures on improving access topotable water however defines poor indicators and specific means of achieving the results. Ifmore concrete plan is not developed it could result in inadequate implementation;If not enough guidance is given on main water laws and legal framework directive (strategies,programmes, plans) and international standards ratified by Tajikistan, it turns out to become arisk that the practical implementation varies a lot with the known follow ups;There is a need to separate irrigation and water supply functions either structurally or throughpolicy, as cotton production targets often force the prioritisation of irrigation water supply at alllevels of MoMWR and TSVPS.______________________________________________________

5.2 FINANCES

Strengths• All get their budget financed to a certain degree by the GoT and they also get some money from

service provision and donors / investors support;• All say that water fees should reflect the amount of work carried out and recovery costs;

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• The decision of the GoT to increase of financial allocations from the national budget to theMoMWR.

Weaknesses• In Soviet times the MoMWR budget was US$ 380 million (maintenance, repair and construction;

not including water needs of the agrarian sector). In 2007 the budget of the same ministry is TJS 10,4 million (US$ 3,014,493) and it is planned to increase the budget in up to 50 percent in 2008 which will cover only 8-10 percent of the financial resource requirements;

• The budget from the MoMWR to TSVPS does not cover operational costs and is too low for maintenance. During Soviet times it was funded by a budget of 9 million rubles (more than 9 million USD at that time). Annual central funding received in 2007 is about TJS 300,000 Tajik Somoni (TJS) which is about US$ 87,000 with an additional TJS 700,000 (around US$ 203,000) received from water tariffs (total budget of about TJS 1 million - 290,000 USD), with the help of a new internal tariff collection department. If 10% of this budget were allocated for head office costs this would leave a monthly budget of some TJS 3000 (around 870 US$);

• The GoT subsidies for KMK current annual budget is about TJS 2.0 million (US$ 579,710) to cover 1.3 million population (about 325,000 households) of the RT;

• Staff doesn't satisfy with the existing salary scales, wages depend on degrees and age of service;

• Weak financial management systems that reduce effectiveness and efficiency of the limited resources provided by the GoT and donors.

Opportunities• Activities such as licensing and permits provision, contracts for project design and constriction,

surveys / research conduct, expert involvement and etc, etc could be charged and would support state budget and donors / investors allocations;-

• Revision of salary scale schemes to be flexible enough and increase efficiency of well done work;

• Introduction of fair differentiated tariffs for water use which are developed based on the balance of water use efficiency and socio-economic status of water consumers;

• Transfer to the International Standards of Financial Reporting would increase transparency and accountability and will bring positive impact on programmes / projects implementation.

Threats• Formal increase of water tariffs probably will not work out as 64 percent of people of the

republic live in poverty20, poverty rates are slightly higher in rural than urban areas (65 percent in rural areas, versus 59 percent for the urban population), given that 73 percent of the population lives in rural areas, this means that poverty in Tajikistan is overwhelmingly rural;

• If the system of wages won't changed the people at work will not be motivated in their work, could lead to misuse of funds and corruption and best skilled personnel will search for better employment with INGOs, UN, Donors or could be bought up by private sector;

• Weak financial management systems pose a significant risk for the projects financing. __________

5.3 NUMBER OF STAFF, QUALIFICATION, TRAINING AND RECRUITMENT PROCEDURES

Strengths• There are plenty of people are working at the MoMWR, MoANP, KMK, Vodokanals;• Majority of staff have academic degrees in many different subjects exist, there are engineers,

hydrologists, geologists, lawyers, economists, chemists.• Majority of staff has several years of experience of working with authority work;• The need in professional training is recognised by all governmental counterparts.

Weaknesses

20 Defined as living on less than US$2.15 per day at purchasing power parity: Tajikistan remains poorest country among Eastern Europe and Central Asia countries, WB Poverty Assessment Update, p. vii

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• Majority of staff are doing authority and administrative-command managerial work and there are lack of experts, engineers and ancillary staff;

• Very few staff (mainly high level managers) has opportunity to take part in professional training, experience sharing programmes and useful events at national and international levels;

• In Soviet times TSVPS formerly employed 2500 people but later in 1997 downsized to 980 employees nationally, of which 55 are based in Dushanbe, and the remainder in 24 district level offices in Sogd and Khatlon;

• KMK has 6800 staff in total 70 percent of who are not special professional training in this field;• Foreign language (English) is known by less than one percent of the staff.

Opportunities• Consideration of training needs analysis (based on qualifications, skills and experience) and

provision of regular professional training cycle: the training programme should be compliant with the modern requirements and contribute to the development of practical skills including economic aspects of water service provision and use of computer-based technology for design and planning; at the end the success of training needs to be evaluated and adjusted into follow up plans;

• During implementation of projects supported by international donors, there is a good possibility to gain new knowledge and skills in communication with international experts, participation in different training, workshops, conferences, forums at global level;

• The staff could get an opportunity to learn foreign languages at work with perhaps foreign native speaking teachers. There could be courses for different levels. There could be discussion clubs or academic writing or some courses during which they can get a certificate;

• Provision of updated CD collection / Publication of Resource Handbook on international standards, national laws, normative legal acts, rules and regulations, instructions, guidelines, etc need to be available for access.

Threats• If the staff is not well qualified it will be difficult to manage projects in compliance with the

requirements;• If the persons especially in authority work are not strong enough in foreign languages it could

become difficult to take part in some important networks;• There is a risk that governmental staff with commercially valuable training will make them more

marketable to other international or private organisations, a situation of investing in mobile intellectual capital that could leave a skills gap, a staff motivation needs to be seriously taken into consideration;

• Training provision on its own will not have a sustained effect unless it is closely linked to future investment programmes;

• If training programme runs within donor funded projects the results are not sustainable, the agenda should be integrated into the state's training programme(s).________________________

5.4 MONITORING SYSTEM

Strengths• Data base for monitoring water exists;• Quality of data taken by the agencies is acceptable;• There is a system for monitoring the impact on(Introduction of Water Cadastre in 2002).

both water quantity and water quality

Weaknesses• There is lack of practical guidance for carrying out the monitoring;• The technical capacities and experience of staff in monitoring isavailable at local levels;

not sufficient and usually not

• Data is not always available and reliable and results are rarely verified.

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Opportunities• Develop a monitoring handbook with practical guidance and technical instructions and provide

training on it to relevant staff;• Gathered data can be used in permitting and inspections and additionally in planning, for water

supply, for flood forecast, research and development and other needs;• Development a good integrated monitoring programme to have reliable results to report on both

the state of the environment and the emissions to the environment;• The monitoring could be done in an electronic form so that reporting and provision of

information to stakeholders become effective and efficient.

Threats• If the monitoring results are not verified regularly it would be difficult to see a clear picture of

what the state of environment is and what the emissions from different operations are;• The different authorities involved in monitoring and data collection must be willing to co-operate

and to provide their data to the other agencies;• If the technical provisions and capacity for a data exchange are not developed, the exchange

will raise a lot of additional work and thus create resistance in the participants;• The development of practical guidance for monitoring. The system shouldn't be too complex and

does not require a lot of experience and competence.____________________________________

5.5 REPORTING, INFORMATION FLOW AND DATA EXCHANGE

Strengths• All ministries, its branches and authorities at the local levels produce annual reports about their

work, additional occasional reports (usually quarterly) are prepared as well;• In each ministry there are special unit for public relations;• Data reported to the national level from the local and oblast branches is presented by each

ministry, each ministry produce a common report and submits to the GoT (Cabinet) and to the MoF (agency responsible for development of the national budget and monitoring of financial expenditures);

Weaknesses• The activities are published to the public quite rarely and limited / general information is given to

the public;• Internet is used quiet often but Ministries do not have yet their own official websites where they

can present the reports and any other relevant information (usually the websites are designed and working for the major ministerial projects supported by donors);

• Organisation and conduct of press conferences, workshops, seminars by authorities dependent on donors funding, bureaucratic decision of higher hierarchical body;

• Main important strategic documents such as NDS, PRSP, WSS, etc are not yet published and not yet translated in Tajik so majority of ministerial staff haven't got a chance yet to read and have a proper introduction.

Opportunities• It is the right time to develop the reporting in order to install a functioning electronic data base

which is continuously available to everybody as well as the official websites;• The image of authorities could be improved by developing a reporting system and more

transparent approach in provision of information and increase participation of civil society in their water management and protection works;

• Data / information exchange is needed at the national, oblast and district level to improve coordination among stakeholder agencies.

Threats• Unavailability of access to the official information (authorities' reports at national and local

levels) by interested audience including civil society, mass media, donors, would be difficult to

26

produce the external analysis on the effectiveness of work performed and make the correct decision.

5.6 IT-Equipment

Strengths• There is awareness, that it would be necessary to built up a modern and powerful IT-

equipment-system for daily work;• The necessity to study IT technologies is acknowledged.

Weaknesses• There is no yet IT infrastructure established (unified databases);• MoMWR, MoH, MoANP staff would need proper training to reach the level of computer literacy

in such ministries as MoEDT, MoF.

Opportunities• The improvement of the IT infrastructure should be designed based on practical needs;• Develop websites with the components for public interaction;• Much data is already available at the ministerial level and should be kept in digital formats for

electronic use and dissemination;• A modern and powerful IT-equipment must be built up for the different authorities, because that

is the main base for handling data in the daily work.

Threats• Aarhus convention require a free access for every person to a wide range of information about

nature, the environment, legislation and organisational data, using digital media as far aspossible but current IT infrastructure obviously does not support this._____________________

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5. GOVERNMENT APPROACHES IN TERMS OF OWNERSHIP AND SUSTAINABILITY OFTHE WATER SUPPLY SYSTEMS

According to the article 53, Chapter 9 of the Water Code of the Republic of Tajikistan, 2000, amended in March 2006, provision of safe drinking water should be done through centralised and decentralised water supply systems which are functioning in compliance with established sanitary requirements.

While using water bodies for drinking, social and other needs of the population in the case of centralised water supply, legal entities which have under their operational management or as property drinking water-pipes shall have the right to take water from water supply sources according to the permission on special water use (described below) and deliver it to the consumers.

The indicated legal entities shall be obliged:

• Deliver of drinking water, which complies with the established quality normative, set up accounting of water taken and conduct regular supervision of the water quality in places of intake;

• Ensure permanent regime for delivery of drinking water for the needs of the population and enterprises of food industry;

• Do not violate the permanent regime of water delivery to the population, if there is no necessity in drinking water by technological processes of organisation;

• Inform authorised state agencies on regulation of use and protection of water, state sanitary agencies and local executive authorities on water quality deviations from the established normative.

While using water bodies21 for drinking , social and other needs of the population in a decentralised water supply order enterprises, organisations, institutions and citizens have the right to take water directly from surface or underground sources in the order of general22 and special water use. Use of intake facilities, allocated for these purposes, should be made according to the rules established by local executive authorities on territories where they are located.

Centralised and decentralised systems for drinking water supply can be the property of the republican, municipal or legal entities. The system of municipal distribution of drinking water, separate system of drinking water supply, system of drinking water supply by transportation should be considered as the property of owners of housing resources, vehicles. Centralised and decentralised systems can not be privatised however according to the amendment some in 2006 version of the Water Code individuals and legal entities can be owners of the water supply systems constructed on their own initiative in compliance with in-force normative acts and national legislation (amendment to the Water Code on March 3, 2006, No 174).

In case of failure in the operation of centralised and decentralised systems of drinking water supply, local authorities, owners of the systems and organisations which are responsible for drinking water supply within their competence, should take measures for delivery of water from reserve sources and drinking water supply, should use technical components of every day and collective cleaning of water and should bring drinking water for common use in tanks.

Individuals and legal entities can form non governmental organisations for joint water supply on the voluntary basis. Establishment of the NGOs with participation of all or part of the community members in joint water management processes for increasing sustainability of water supply in inhabited locality(ies), construction of new water pipeline, rehabilitation, operation and

21 "Water bodies" is concentration of water on the surface of dry land in the shapes of its relief or in the entrailswhich have boundaries, volume and shapes of water regime.22 "General (common) water use" is water use without application of structures or engineering means.

28

maintenance, financing and exploitation of the water supply network. The state authorities provide assistance in establishing of such NGOs for joint efforts in water supply.

There are no specific guidelines developed for the hand over of the rehabilitated and / or constructed water supply systems, however there is "Instruction for approval procedure and issuing the permission for special water use23" endorsed on January 20, 2005 by the Committee on Nature Protection (merged with MoANP since January 10, 2007) in consultation with MoMWR, MoH, Main Department of Geology and Main Department for Supervision over Safety in Industry and Mining.

The instruction is developed for approval procedure and issuing the permission for special water use as well as for division of roles and responsibilities of special empowered state bodies liable for regulation of use and protection of waters.

The instruction stipulates:

• The order of consultative coordination conditions of approval for special water use and issuing the permission of special water use by empowered state bodies responsible for regulation the use and protection of waters;

• The list of documents required for the consultative coordination and receiving the approved certificate of permission for special water use;

• The order of amending or cancellation of permission of special water use;• The order for consideration of construction (reconstruction) projects of enterprises, buildings,

and other construction projects regardless of form of ownership that affecting the conditions of waters.

Permissions for the special water use are issued by:

• MoANP - for water use from nature bodies (as State Committee on nature protection has been unified with the MoA in January 2007);

• MoMWR - for irrigation according to allocated limits;• Local Authorities - for use of underground waters which are not used for centralised water

supply (more than 50 m3 per day), ground water intake structures, that are working without forced decrease of water level;

• Specially empowered state bodies for land management and utilisation (Agency on land management, geodesy and cartography under the GoT), body of state sanitary control (SES) based on permissions issued by local authorities - for water supply projects which are planned to be situated at lands of state forestry fund.

According to the article 39 of the Water Code of the RT water bodies allocated for permanent or temporary use. Water use without time limit (permanent) will be considered as water use without fixed term, agreed beforehand. Temporary use can be short-term - up to three years and long-term - from three up to twenty five years. If it is necessary, terms of water use can be extended for a period that does not exceed accordingly the terms of short term or long term use. General water use is not limited in time. Permanent permissions of special water use can be provided for exploitation of hydroelectric complex, water reservoirs, irrigation systems, and other hydro-technique constructions.

Project of the permission for the special water use should be considered by specially empowered state bodied assigned for regulation of use and protection of waters during one month period of time in case of submission of all required documents.

Permission for special water use is issued in accordance with approved format which is included as the annex 2 of the instruction. The permission is issued in four copies: first is for the state body issued the permission; second is for the owner of water supply system; third and forth are issued,

"Special water use" is use of water by application of construction and engineering means.

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depending on the aims of water use, for specially empowered state bodies assigned regulation of use and protection of waters

During application process for the permission for special water use, usually consultation coordination with the following state bodies should take place and recorded:

State bodies of SES;State bodies of geology;State bodies for supervision over safety in industry and mining;State bodied of nature protection;State bodied of water resources management;Owners of water pipe lines and sewerage network;Bodies of veterinary service;Primary water users24 (when permission is issued for separate usage)

There are three stadiums of the construction project cycle widely known:

1. Projection: (it is strongly recommended to identify owner of the systems from the very beginning and its capacities to ensure system's sustainability should be taken into consideration and deeply analysed, if there is a potential opportunity the capacity building plan should be developed and required resourced and technical assistance should be allocate), prepare the act of selection of construction site; getting approvals / authorisations from each responsible / stakeholder organisation (varies upon the scale and purpose of the systems); in accordance with the national laws the Irrigation water supply systems are could be handed over to TSVPS of MoMWR as well as to established WUAs; potable water is the role and responsibilities of Vodokanals / KMK (urban / district level), TSVPS and Water Committees / Associations / CBOs (rural level), if small scale water supply system - should go on the Jamoat balance as well; Findings: many of these agencies refuse to take the constructed systems on their balance, so it requires decision of authority (and it should be clearly stated who is the owner of the system)

2. Construction: announcement of tender to get proposals and selection of licensed construction organisations; prepare and sign the agreement between client (party which finances the project) and executor (construction agency that has licence, experience, equipment, good reputation, etc); the contract should include the following important issues: technical and economic justification of the project, technical project of the water supply system, duration, construction phases and financial tranches, standard quality of construction materials. There are three types of construction projects known: a) reconstruction / rehabilitation of existing systems of water supply; b) Reclamation of new lands; c) Construction of hydro-technique systems.

3. Exploitation: the inspection board which consists of different representatives of stakeholder organisations provided their approvals / authorisations in the beginning of the project cycle and the known owner of the system. Usually commission identifies variety of issue (mainly concerns of construction works and quality of construction materials used) that should be properly addressed by the executor (Construction Company, which won the tender) at certain date in order to ensure smooth handover of the system to the owner. All water supply projects should pass the state expertise.

24Primary water users are physical and legal entities, which are given water bodies for individual use. Secondary water

users are physical and legal entities, which are allowed to use water bodies under permission of primary water users on a contract basis and on agreement with the special authorized state body regulating the use and protection of water.

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6. ROLES AND LIMITS OF COMMUNITY PARTICIPATION IN MANAGING OF POTABLEWATER

Relevant state organisations such as TSVPS (rural water supply and irrigation) and KMK (water supply and sanitation at the district / town levels) fail to provide potable water in many of rural areas of Tajikistan due to weak organisational structure, limited budgets and technical capacities. As the result of this, rural water consumers often rely on community-based forms of water management.

The law on "Water Users Association" adopted in November 2006 covers legal framework of the organisation, activities and management of WUAs as non-profit organisation for operation and maintenance of irrigation systems only. The Law on "Drinking water and supply of drinking water" is remaining a draft and has not passed yet any readings in the parliaments since 2003.

Therefore, there is a deep need in setting up and clearly define roles and responsibilities of CBOs and other institutions involved in potable water management. The roles and responsibilities of relevant stakeholders should be stipulated in the national law, legal normative acts back upped with the agreed mechanisms of collaboration between each other (civil society, government and private sectors). Applied mechanisms should be flexible in defining the role of civil society organisations (CSOs) and carefully consider internal / external factors such as: technological processes of water supply, duration and level of service, size and complexity of the water supply system, management capacity and social dynamics in the community.

The following potential forms of CSOs engagement could be taken into consideration:

• Dialogue with the government for formal recognition of the right of CBOs to provide services and identification its roles in this process;

• Reaching agreements and setting up longer term contracts for service provision, with adequate incentives;

• Setting minimum standards of service quality and performance of the service provider; supporting self-regulation, informing and empowering consumers;

• Monitoring of the effectiveness, efficiency of the water provision process and its impact on the environment.

Authorities usually welcome communities to O&M of rural water supply, but are reluctant to legalise such CBOs and acknowledge them as partners in service delivery. Legal status not only gives community service providers recognition and credibility, that also allows them to engage in contracts, apply for loans and have their performance regulated.

During implementation of water management projects NGOs / CBOs usually receive grant support from international organisations. Majority of INGOs / UN / Donors encourage community to make their own contributions (both human and financial capital) but practically it is just not enough. When funding ceases and project ends they experience variety of shortages and usually are not able to effectively manage and sustain their services.

Non-functioning rehabilitated / constructed water supply systems are very well known stories across Tajikistan. Unstable electricity supply, poor maintenance, limited finances to carry out minor repairs or skills to resolve major problems, poor quality of construction materials and no access to spare parts, are just some of the causes of failure. Communities often request additional funding from the same or another donor to rehabilitate the failed system. Overcoming such dependency requires the right choice of technology (simple, affordable, locally maintainable), availability of spare parts when needed, with well-trained and resourced staff.

In order to ensure technical, institutional and financial sustainability CBOs should be involved in the whole project cycle which may include the following activities: design and construction of a water system, capacity building training, participation in developing fair tariff policies, O&M, public awareness building on efficient use of water resources, timely fees collection and etc.

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The service provider should pay much attention to effective financial management system as well. The budgeting, tariff system, fees collection and financial records are the main areas of focus in transparent service delivery. The water fee collection and utilisation is one of the most important factors of O&M, these processes should be clearly stated in the law and normative acts stipulating the rights and responsibilities of authorities, CBO, operator and consumers.

Effective support to community-based rural water providers requires adequate internal monitoring system (quality of water, impact on environment, performance of the service provision). Monitoring should enable local-level decision making and action. Findings should also feed into national or regional management information systems enabling appropriate long-term planning and investment. Monitoring, data collection and analysis are one of the most difficult activities to undertake currently as there are limited capacities at district, oblast and national levels which should be addressed.

ACTED

ACTED's drinking water supply and irrigation activities are based in Khatlon Province of the RT. The past and current projects are aimed on installation of shallow hand pumps and deep hand pumps, construction of spring catchments systems, rehabilitation of drainage and irrigation networks.During 1998-2002 ACTED installed 3444shallow hand pumps. Since 2002 ACTED's safedrinking water supply strategy has moved toinstallation of deep hand pumps andconstruction of spring catchments, boreholesinstallation and rehabilitation. >

-"ACTED Drinking Water Supply and Irrigation Strategies" presentation of Oleg Mesheryakov,WRD Manager at Oxfam Dushanbe office on

Oct 24, 07

In total for the period of 2002-07 ACTED has installed 272 deep hand pumps, implementation of 32 spring catchments projects. Since 2000 ACTED has been engaged in construction and rehabilitation of small and mid scale irrigation projects as well.

There are many Water Supply Pipeline systems in Tajikistan constructed in the Soviet Time that are not functioning due to the deterioration of the systems. ACTED is planning to continue implement of water supply projects in close collaboration with communities and other stakeholders involved.

CARITAS

CARITAS supports both safe drinking water supply and irrigation projects in Muminobad district of Khatlon Province and has been working past seven years. The programme funded by SDC and resources are channelled through the Local Development Committee (LDC), a participatory development platform with representatives from government, civil society and private sector which decides about projects in several sectors, among others in drinking and irrigation water and ensures sustainability of the approved sub-projects.

WUG's, WUC's or villages propose (smaller) projects, decisions are made in the LDC regarding priorities for funding and allocated accordingly. Some funding is also directly financing the roof organisations - "JON" and "Obshoron" - to increase their organisational capacities. In the drinking

32

ImplementationPlanning and

Design

Monitorino

Appraisal / Feasibility

Evaluating

water sector JON integrates 30 WUCs that cover an estimated population of approximately 31,000 (42 percent of district total population) and in irrigation practically all farmers irrigating their land plots through irrigation systems in the district are integrated under Obshoron. The amount invested in drinking water sector through the LDC during the seven years of the LDM project reaches 1,244,486 Somoni, in irrigation 279,322 Somoni.

Water User Committees (WUC, village level) is the lowest unit in the chain of service providers, responsible for the maintenance of the water supply facilities and collection of water fee. WUCs are elected by the village population in the very beginning of infrastructure construction or rehabilitation and present the link to the village population establishing 'ownership' in an early stage of the project. On district level, JON (Jamiati Obi Nushoki, Drinking Water Society) which unites the WUCs and enables horizontal exchange among the WUCs, conducts trainings on issues relevant for the water sector, provides spare parts at low prices etc. WUCs pay membership fee to JON (5 percent of monthly water fees). JON also serves as legal representation towards state agencies, since the WUCs don't have legal status.

In order to respond to irrigation needs of the district CARITAS has provided its support in establishing Water User Groups (WUG) at village level for conduction of irrigation and smaller maintenance works. Water fee collection, distribution of irrigation water and control is done by the mirobs, which are employees of the Water User Association 'Obshoron'. Obshoron conducts trainings for the WUGs and manages the contact between water users and state bodies in the irrigation sector, create water use plans and pay 'pre-paid' water fees in advance to RayVodkhoz. The infrastructure on on-farm level belongs to Obshoron and they are mandated by the District Hukumat to collect data for the plans on water use and to collect water fees. The larger part of the water fees go to the state agencies (RayVodkhoz, etc) and the rest is kept with Obshoron to cover their running costs and other expenses.

Current tariffs for drinking water is TJS 2.00 per household per month calculated by WUCs to cover current repairs, electricity fee (for pumped systems) salaries of sanitary - technical person, chlorination, membership fee to JON "and reserved fund of the WUC. The fee rate for irrigation is TJS 0.011 Somoni (1.1 diram) /m3 (including VAT) - approved by general assembly of Obshoron that includes the state defined fee for irrigation water and should cover all the running costs of Obshoron, whereas capacity building inputs and the general assembly costs are financed by the LDM project and other attracted agencies that work in the sector. However, Obshoron can cover most of its cost internally since they have other sources of income e.g. license for construction works, capacity to sell some services like technical investigation, planning, implementation and monitoring of irrigation projects, trainings related to irrigation issues etc.

The prices would need to be considerably higher in both cases (especially in drinking water) to cover all costs, especially the situation in drinking water is critical. Calculation of the real cost of water is to be introduced and adapted.

GAA

GAA is active in the following remote districts of the RT: Djirgatal, Fayzobad, Nurobad, Rasht, Tajikobad, Tavildara, Shahristan, Ghonchi, Istaravshan, Zafarabad, Penjikent, Ayni, Kuhistoni Mastchoh and Baljuvan. Potable water supply and irrigation are issues that prioritised in almost every community (village development committees, community interest groups, NGOs, WUAs,).

Usually GAA offices provide construction materials during project implementation and all (re)construction and rehabilitation works done by communities themselves. GAA plays facilitation role during selection of methods and structure of water supply system and its management and decisions done by community organisations on the issues such as: managing system structure, fees and election responsible people for O&M. Communities can not manage the Irrigation systems as it is on the balance of the MoMWR / TSVPS. The tariff fees for irrigation vary from 0.78 to 1.25 diram per m3. In regard to drinking water there is no general rate exist as it defines at CBOs meetings.

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International Secretariat for Water (ISW)

ISW is the main implementing partner in the "Regional Rural Water Supply and Sanitation" project in Ferghana valley supported by SDC with the budget of US$ 3.6 million. The project is at the initial stage and one of the planned activities is establishing a WUCs. To become a member of this organisation can anyone from the community who lives within the water provision area. Decisions are made by general assembly of the village. Potable water supply is done based on contract between WUC and head of the household.

Revision Commissionelected by General

Assembly (3-5 person)

Management Board &Chairperson elected by

General Assembly(5-10 person)

The contributions from each targeted household equals to TJS 30.00 (about US$ 8.5-9.00). As the outcome of the project implementation it is expected to cover 9-11 villages of Kanibadam district and provide drinking water to 41,000 villagers.

Rehabilitated water supply projects will be handed over to WUCs as they will be registered as the legal entities. O&M of the water supply system is the responsibility of the WUC members and if required by other potential organisations on contract basis.

Mission East

Mission East is a Dutch INGO working in Tajikistan since 1997. Its primary aim is to promote public health among vulnerable groups through the design and implementation of appropriate projects in response to the needs and with optimum consultation with the communities concerned.

Mission East's strategy in Tajikistan focuses on improving livelihoods for vulnerable households and communities, with a particular emphasis on community mobilisation and community management.

General Assembly

Revision Commission

Chairman of the Community Organisation

Subcommittees: Management staff:• Agriculture• Milk Production

• Deputy of the Chairman,

• Drinking water • Chairman on women'ssupply ft irrigation affairs •

Accountant

Structure of community organisation "Obi sof (fresh water) in Gaffor village of Ziraki jamoat, Vose district of Khatlon Province

Current programming focuses on the strengthening of the civil society structures to ensure self management and development sustainability. Mission East is working with local community management structures know as Community Organisations. Capacity building of Community Organisations has been undertaken through the implementation of projects that will both increase the amount of food that families have available, and reduce the incidence of illness.

Such activities include support to small-scale agriculture, clean water systems, income generation and hygiene education. In this way, Mission East works with local people to address poverty issues in an integrated way.

34

General Assemblyconsisting of elected representatives by sectors (mahallas)

(20-60 person)

Executive DirectorStaff, employed by WUC: accountant, hygienist, sanitary

technician (4 person minimum)WUC structure, Presentation by Tolib Akhmedov, ISW

Mission East directly involve established community organisations into their project in order to improve the water & sanitation situation of the villages by organising first a needs assessment per village, prepare water construction plans, improve solid waste disposal, build, repair, upgrade water systems and train maintenance workers.

MSDSP

The Aga Khan Development Network (AKDN) is working throughout Eastern Tajikistan, mainly in GBAO and has the Mountain Societies Development Support Programme (MSDSP) active in 18 districts of GBAO, Khatlon and the Rasht Valley is the.

MSDSP is supporting the Village Organisations (VO) to own the water supply systems and its further O&M. These are connected at Jamoat level by a Social Unit for the Development of Village Organisations (SUDVO), with central funding from MSDSP, and with members from civil society and the Jamoat. In addition MSDSP is piloting another organisation: a Sub-District Development Committee (SDDC) whose function is to assist Jamoat with planning issues and whose function is deliberately temporary. This is an interesting addition, as it enables the SUDVO and Jamoat to separate their functions over time, so that there is clear distinction between civil society and government organisations.

MSDSP supports the establishment of the WUAs and believes that WUAs can be a crucial part of addressing some of the problems related to water use in many communities. They are responsible for the physical infrastructure of the water system, including keeping existing water infrastructure in working condition, and for maintaining, renovating and installing new water infrastructure, such as irrigation networks and canals, buildings and drainage systems. In addition, however, they are also responsible for the distribution of water between WUA members, the management of the rational use of water and the mitigation of conflict between WUA members and users. This responsibility also includes the collection of fees for water use from the users and payment to the water provider. Finally, the WUA can also take part in the organisation of events about environmental protection, the coordination of activities of WUA members, the protection of their interests and other undertakings in order to improve water provision in the area.

Trainings on basic technical skills, management skills and financial and business skills are necessary. In addition, community mobilization through the use of effective methodologies is requires, as well as access to information and efforts made to ensure that there is gender equality in the use and management of water resources.

35

Village Organisation management structure

VO General Body (VO members' assembly)

VO board

VOch< lirman

VO deputy ' chairman Women's leader of VO VO accountant

Secretary VO deputy chairman

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n'ttees

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3= 3 +J 4- LU ■M in3

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Oxfam GB

Oxfam helps vulnerable people to improve their livelihood through agriculture based interventions and gender equity, empower them through community based organisations, improves living conditions through providing access to safe drinking water, improved sanitation facilities and public health awareness generation.

Oxfam GB has been constructing and rehabilitating both drinking water and agricultural water systems in East Khatlon since 2003 and hand oyer the constructed and rehabilitated projects bith to community and state representatives such as rural TSVPS.

Oxfam aims to improve the health and living conditions of rural people in Tajikistan by reducing the incidence of water-borne diseases. Oxfam's water and sanitation work covers three districts such as: Temur-Malik, Vose and Kulyab, and is benefiting more than 70,000 people.

General Assembly

Management Board

Chairperson

Chair of the women'saffairs, chief bookkeeper

/ accountant,

Subcommittees: working groups members for a) water supply and sanitation, b) agriculture, c) milk production

Structure of CBO "Hamadon" in Ziraki village, Vose district, Khatlon Province supported by Oxfam GB

36

Deputy of the chairperson

Water pumping systems are being rehabilitated to provide people with clean drinking water. In the process Oxfam works closely with local and national level government authorities and seek their participation. Oxfam has helped communities to set up Village Water Committees that are responsible for looking after and maintaining the water and sanitation facilities. The committees collect water fees from each household to cover the costs of operating and maintaining the water systems. Women are actively encouraged to be involved in the committees, as they are often the ones responsible for water collection. Public health team distributes leaflets and organises workshops, quizzes and festivals to educate communities on essential health and hygiene topics.

UNICEF

UNICEF has been working in priority 15 districts (Khatlon, Sogd and Dushanbe). There are five main areas of focus (Maternal and child care; Quality basic education for all; Young people's health and participation; Social policy reform and child protection, M&E as cross cutting element) of UNICEF's work in Tajikistan. Within UNICEF "Water, Sanitation and hygiene promotion" programme in schools under the Child Development (Education) the W&S activities have been primarily implemented. UNICEF facilitates the establishment of Parents and teachers associations (PTAs) who own and sustain the programme (both for school water and sanitary facilities and hygiene promotion activities). It's not a separate or independent structure, since it works under the school administration. PTAs are responsible for the O&M of water and sanitary facilities in the schools after the hand over. Particularly, they ensure appropriate operation of the facilities and organise small repairs, if required. For water supply, UNICEF provided set of spare parts for the hand pumps, which was included into the cost of hand pump procurement.

Water and sanitary facilities handed over from UNICEF to school authorities upon signature of Act / document confirming that the construction was completed, and school authorities are responsible for operation and maintenance of the facilities.

There is scope for improvement, for example national level Water and Environmental Sanitation (WES) coordination meetings.

UNDP

UNDP is currently implementing nine major projects related to drinking and irrigation water funded by EC, ECHO, TACIS, CIDA, WB, etc around Tajikistan in 75 targeted districts, 300,000 beneficiaries (128,826 are women).

Total budget of the projects is US$ 2.5 million. In general, contribution of 20 percent comes from local communities and 10 percent of local authorities.

UNDP adopt the following scheme in regard to hand over of the constructed / rehabilitated water supply system:

Structure of Drinking Water Supply Organisation at Jamoat level

Hukitmat

Jamoat

Makhala WaterCommittc

Water Consumers of the Jamoat

UNDP Communities Programme presentation at the Oxfam Dushanbe office on Oct 24, 07 by Rustam Faiziev, Senior Engineer

Preparation phase;Design, coordination and endorsement, expertise and approval of water supply projectdocumentation;Preparation / conduct of the tenders, bids analysis and decision making;(Re) Construction or capital repair (rehabilitation) of the water supply system;Formal acceptance of the completed construction project;

37

KJKP JRC

• O&M of the project.

The resource staff members of the water supply organisation are: Chief Engineer, Bookkeeper-accountant, monitors (protection of water intake), Operator-chlorination specialist, mechanics for pump station, O&M mechanics, electrogas welders, etc.

Within UNDP implemented projects community members plays the following role:• Ensuring timely fee collection for the water consumed;• Provision of support in safekeeping the water supply system;• Observance of the rules for adequate use of piped water, protection of water sources;• Building the awareness on public heath and hygiene promotion and etc.

The water tariffs which are varying from 2 to 17 dirams are covering the following costs: electricity, construction materials, amortisation of equipment, O&M, rehabilitation, staff salaries, etc. From the gains which consist of 10 percent (the defined norm) of service provision the organisation cover: occurred taxes, contribution to stabilisation and social funds, financial incentives for efficient use of water, and other expenses.

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7. WATER TARIFFS: ITS COST RECOVERY AND EFFICIENCY

According to the article 58 of the Water Code of the RT the financing sources in the field of drinking water supply should be considered the following:

• Payments charged to the users of centralised water supply systems and drinking water consumers;

• Financial assets of the republican budget;• Financial assets of local budgets;• Financial assets paid by physical and legal entities for the development of the water supply

system;• Other sources allowed by the laws of RT.

Tajikistan has complex infrastructure created during Soviet times, but as the result of budgetary limits even basic operation and maintenance (O&M) of the existing irrigation and water systems have been usually neglected. Inefficient water tariffs provided negatively affect the O&M processes. The costs are mainly addressed through limited subsidies allocated from governmental budgets (budget of the MoMWR, TSVPS, Hukumats at Oblast, district levels).

Therefore there are large investment needs in infrastructure rehabilitation and modernisation. The effective tool needs to be developed for tariff reforms to lav the foundations for sustainable institutional structures and participation of public and private sector in water management.

Estimates indicate that more than 25 percent of water is lost in transit, 40 to 70 percent in the drinking water supply network. In Dushanbe, the water consumption per person reported as 340 - 500 litres per. Country wide the water consumption per capita reaches 9.88 thousands m3 per year25.

Negligent use of water, enormous subsidies in relation to the tariffs for water, gas, electricity and other housing services formed the cultural norm of redundant consumption of resources in Tajikistan during soviet times. It is required to raise the level of awareness of general public on water use (people are not used to close the pipes that leads to huge water losses and inappropriate use) through campaigns, EC materials and social advertisement that show the statistics of water loss, international standards allocated per person per day, average of water consumption per capita mentioning the price per litre / m3.

Installation of water meters could improve the situation as then people would have to pay more and use water resources more efficiently. The vital examples of the pilot projects both in irrigation (Winrock International WUA project funded by USAid)26 and potable water supply (UNDP)27 shows that collection of water fees consist of more than 90 percent and negative impact to the environment has been decreased.

Currently the GoT is take specific measures on gradual increase of tariffs on water and electricity in order to reach full cost recovery level. The last increase has been done in June 14 2007. Current tariffs for irrigated water not including Value added tax (VAT) vary from 0.78 diram up to 1.3 dirams per cubic meter28. Before it was 0,6 diram29. The tariffs for the safe drinking water differ as well. For example in Dushanbe the current tariffs for potable water are not including VAT: for pubic - 4.2 diram per m3; for governmental organisations - 14 dirams per m3; for commercial organisations - 45 dirams per m3. The current tariffs cover only 10 percent of real needs for full cost recovery30.

The collection rates have been improved during last two years and reached 70-80 percent for drinking water supply. The main non-payers who represent 30 percent are individuals and budgetary organisations.

25 World Bank, AQ.UASTAT database of the Food and Agriculture Organization of the United Nations26 Individual interview with Ubaidullo Mirvaidulloev, USAid Project Management Specialist / Economic Growth,November 15, 200727 Presentation done by Rustam Faiziev, UNDP Senior Engineer at the focus group discussion in Oxfam Dushanbe officeon October 24. 200728 Decree of the MoEDT of the RT, June 14, 200729 Water Sector Strategy of the RT, page 1930 Focus group discussion with the government officials conducted during this study, Avesto hotel, October 26, 2007

39

8. REVIEW OF DONORS' FINANCING STRATEGIES OF THE WATER SECTOR INTAJIKISTAN

9.1 Asian Development Bank (ADB)

The priorities of the Country Strategy and Programme of the (ADB) for Tajikistan for 2004-2008, Country Assistance Program for 2008-2010 continue to emphasise rural development and regional cooperation, as well as policy reforms in the agriculture, energy, transport, and social sectors31. Under the new arrangements, Tajikistan is eligible to receive 40 percent of the loan amount on a grant basis since 2005.

Current water related projects are as following

Project and Budget

GoT role

Water, sanitation and health component TA component value and focus

Agricultural Rehabilitation(2002-08);US$ 35.75 M

PIU inMoMWR

Purpose indicator targets include access to improved potable water for 87,000 people, reducing incidence of water-borne diseases and improving capacity of MoMWR. Outputs include establishment of water and sanitation councils, with an indicator of "Education, training and social marketing of health benefits provided to improve standards of sanitation.

US$ 0.75 M; Gov't of Japan grant for resolving farm debts and policy reform work in agricultural marketing and water resources management

Irrigation Rehabilitation(2006-11);US$ 25.12 M

PIU inMoMWR

Purpose 2 of 2 is "Improved access to potable water supply systems" (for 51,000 people). Outputs include forming WUAs with min 30% women and implementation of sustainable O&M

US$ 2.4 million; monitoring policy reforms and improving farm and water management, assisting MoMWR to establish a WUAs

Rural Development

(2007); US$ 23.4 M

PIU inMoANP

Output 2 sets indicators around "Degraded lands rehabilitated", which is now a function of MoMWR.Output 4 is to improve Jamoat and Rayon planning and infrastructure maintenance capacity, and to improve infrastructure with sustainable O&M arrangements. This includes water supply, irrigation and roads projects.

US$ 1.45 M; AsDB grant for capacity development for planning and management in local government.

In the agriculture sector, the proposed Rural Enterprise Development Project and Phase II of the Rural Development Project, originally listed as firm loans for 2008 and 2009, respectively, have been dropped. Instead, the Agri-Cotton Sector Restructuring Program loan / grant of US$ 80.0 million and US$ 1.4 million of tactical assistance, with tranches spread over 2008-2010, have been included.

Project, duration, budget Loan Grant GoT Co-financing

Agri-Cotton Sector Restructuring Program, 2008; US$ 40.00 million

US$ 5.00 M

US$ 35.00 M

us$0.00 M

US$ 0.00 M

Agri-Cotton Sector Restructuring Program II, 2009; US$ 20.00 million

US$ 20.00 M

US$ 0.00 M

US$ 0.00 M

US$ 0.00 M

Agri-Cotton Sector Restructuring Program II, 2010; US$20.00 million

US$ 20.00 M

US$ 0.00 M

US$ 0.00 M

US$ 0.00 M

31 Tajikistan 2008-10 Country Operations Business Plan, adopted in September 200732 http://www.adb.org/Proiects/summarie5.asp?ctrv=TAJ&querv=&browse=1&p=ctrytai

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The targeted impact if the project is a productive, profitable, and competitive cotton industry, helping reduce rural poverty. Major project components are: (i) detailed matrix of policy measures; and (ii) transparent, efficient, and speedy debt resolution. Expected outputs and outcomes are: (i) resolution of the cotton debt; (ii) adoption and implementation of policies aimed at a competitive and productive cotton sub-sector; and (iii) restructuring of the cotton industry.

These changes were made after a meeting on 1 June 2007 between the Director General of the Central and West Asia Department of ADB with the President of Tajikistan and a request on 11 June 2007 from the Prime Minister of Tajikistan for assistance in the design of a specific mechanism and financial support for the resolution of the cotton farm debt.

The Government is developing a results-based monitoring system for the PRSP with the support of development partners, notably ADB at the national level. ADB, in collaboration with other donors, will continue to assist the Government in building the results-based monitoring system and will use the system once it is available.

A joint country support strategy for Tajikistan is being developed with the combined support of ADB, the World Bank, the United Nations, the European Commission, the Department for International Development of the United Kingdom, and the Swiss Development Corporation. The joint strategy, which is likely to be ready by early 2009, will include a systematic results framework.

New ADB Country Director will assume the post by the end of November 2007 to lead the ADB Resident Mission in the Republic of Tajikistan33.

9.2 Canadian International Development Agency (CIDA)

Over the past several years funding for Canadian cooperation efforts with Tajikistan was provided through the CIDA's staff based in Almaty.

The mandate of CIDA is to promote sustainable development solutions that address the linkages between poverty, social inequity and environmental degradation; to implement programs that target Millennium Development Goals (MDGs) in cooperation with other donors; and to advance Canadian values and global citizenship. In Tajikistan, CIDA's mandate is expressed in terms of poverty reduction, human security and economic growth in rural areas. The past programmes and projects were focused on reforms in water and agricultural sectors and provision of technical assistance with disbursements of around CAD$29.45 million up to 200634.

At present the Government of Canada is in process of development its policy for external technical assistance to the development world. It is not clear yet when the new strategy paper will be formulated and widely announced35.

9.3 Department for International Development, UK (DFID, UK)

DFID's overall objective is: to work with government and others to reduce poverty, improve governance, strengthen national capacity, and contribute to pro-poor growth and development. As per the Central Asia, South Caucasus and Moldova) Regional assistance plan for the period of 2003-07 the DFID was focused on improving governance and the institutional environment for poverty reduction, promoting pro-poor sustainable growth and working to promote improved donor coordination.

Current major DFID programme activities include: Zeravshan Valley Livelihoods project implementing by UNDP (2006-2009, GBP Ј250,000), the National Social Investment Fund (2004-

33 Phone conversation with Ruslan Sadykov, ADB Infrastructure Officer on November 13, 200734 www.untj.org, organisations profiles35 Phone conversation with Gaziz Shotanov, Technical Cooperation Programme Assistant of the CIDA, Embassy ofCanada, Kazakhstan, Almaty, November 21, 2007

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2006, GBP Ј1,5 million), Third Party Arbitration Courts (2004-2007, GBP Ј1,45 million) and a Regional HIV and AIDS project (2004-2009, GBP Ј1,8 million), ADB Farm Debt Resolution (2005-08, GBP Ј362,000)36. The annual DFID budget is currently Ј2,500,000 but it is expected that this figure would potentially increase. The approval of new Regional Assistance Plan is planned by the end of 2007 beginning of 200837.

During 2007 DFID supported two independent missions on assessing the financing opportunity of the water and sanitation in rural areas of the Republic of Tajikistan. This research activity may potentially lead to identify water supply and rural sanitation as one of the objectives aimed on improving basic service delivery to poor people and would also contribute to achieving MDGs, the NDS and the PRSP.

9.4 European Bank Reconstruction and Development (EBRD)

One of the priority areas of the EBRD strategy for Tajikistan approved by the Board of Directors at the meeting on November 15, 2005 relates to municipal and environmental infrastructure. Specifically, the EBRD supports such sectors as water supply, solid waste collection and disposal in municipalities where the population suffers severely from the poor quality of services. The EBRD supports commercial approach by municipal entities to improve service delivery and cost control, while gradually introducing cost recovery tariffs and improved collection practices to enable these utilities and service companies to provide a financially sustainable service in the medium term. This will require significant organisational restructuring, while municipalities need to ensure that adequate project implementation and supervision capacity at enterprise and municipal level is in place to undertake new investments.

In order to fund such projects within the affordability constraints of Tajikistan, grant co-financing will be required. In addition, such grant components are also necessary to achieve the concessional terms required for public sector borrowing, and to ensure that the funding will be consistent with the restrictions on new public debt and annual public debt service allocation agreed between the GoT and the International Monetary Fund (IMF). The Bank needs to approach the donor community for potential grant co-financing and technical co-operation to leverage the loan financed capital investments with grants.

In July 2004 the EBRD has signed the loan agreement to lend US$ 1.2 million for improving the water-supply infrastructure and distribution network in Khujand. It was EBRD's first municipal loan ever in Tajikistan, and the first anywhere under the Bank's new "Early Transition Country" (ETC) initiative, put forward to tackle poverty in Tajikistan and six other countries of the region.

Key elements of the project, whose total cost is estimated at US$ 5.2 million, are being supported by a grant (US$ 4 million). The Governments of the Walloon and Flanders Regions of Belgium funded project preparation. The Government of Norway is funding improvements to the water company's governance and managerial practices. SECO's contribution is about US$ 3 million is supporting capital investments and the stakeholder participation programme.

The success of this innovative social investment hinges on grassroots participation: local people will help manage the water service through their participation in new Water Users Committees. One of their tasks will be to convince their neighbours to start paying their water bills so that improvements in service can be maintained.

To meet the challenges of this difficult operating environment, the EBRD worked with the International Secretariat for Water (ISW), a non-governmental organisation, which has a mission to help improve drinking water infrastructure in developing countries, has been engaged in developing a project that was sensitive to customers' ability and willingness to pay. ISW conducted

36 www.untj.org, organisations profiles37 Phone conversation with Shuhrat Rajabov, DFID Programme Manager, Embassy of Great Britain, Dushanbe,Tajikistan

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a stakeholder survey and social assessment in Khujand, supported by the Flanders-EBRD Technical Cooperation Fund. From the study came the design of a 'stakeholder participation programme' - including the Water Users Committees.

Past seven years experience of ISW in Uzbekistan has demonstrated that consumers of public services are willing to pay for service improvements, especially if they are kept well informed and feel involved in the changes affecting them. The committees will promote dialogue between consumers, the water company and government, and will ensure poverty and subsistence issues are taken into consideration as water tariffs are reformed.

This project corresponds to the main priorities of the Poverty Reduction Strategy Paper, by providing access to safe drinking water. It also acts as a pilot project that could be replicated in southern cities (Kulyab and Dangara) within the ETC Initiative and with the support of several donors (Switzerland, Norway, Belgium). As the result of SIDA's phasing out decision in Tajikistan, the situation is not clear about SIDA's commitments to the EBRD water supply projects in Kulyab -Danghara region.

9.5 European Commission (EC)

According to the new Policy Framework, EU Strategy for Central Asia (CA), 2007-1338, Development Cooperation Instrument and currently developing Tajikistan Indicative Programme for the 2007-1039 the main programmes of focus on Health (Ђ 3.0 million aimed on policy management), Private Sector Development (Ђ 4.7 million for creating better opportunities on food safety and adequate inspection of food quality), Poverty Alleviation (Ђ 5.0 million), Social Protection and Education (Ђ 18.0 million with Ђ 5.0 million of technical assistance). Social Protection is defined as the most prioritised area of focus for the next decade. There is very little probability to support direct programmes and projects on water supply and sanitation work funded by EC as the result of impact, effectiveness and efficiency analysis of the water sector40.

The EC approach during implementation of the programmes / projects will be based on close cooperation with the GoT to ensure sustainability of impact and outcomes. External technical assistance by interested counterparts (UN, INGOs, Consulting Companies, etc) will be applied when required.

The European Commission Humanitarian Office (ECHO) is completed the gradual phase out of its humanitarian activities in the country as of the 1st Semester of 2007, with the exception of those related to disaster preparedness. However, the situation in Tajikistan and in Central Asia will be monitored constantly41.

However Section V "A strengthened European Union (EU) approach" of the EU Strategy for CA Republics for the period of 2007 - 13 has defined "...For the EU, water cooperation is of particular interest, especially in view of achieving by 2015 the MDGs on clean drinking water and good sanitation facilities. Promoting cooperation on water management can at the same time foster regional security and stability and support economic development..."

The EU will therefore:

Ђ750 million over 2007-2013 (indicative), steep increase in indicative annual budgets from Ђ58 million in 2007 to Ђ139 million in 2013 - Presentation of Vincent Piket, Head of Unit, Centralised Operations for Asia incl. Central Asia, EuropeAid, EC on "the EC contribution" at "Strengthening Partnerships for Human Development in Central Asia" Conference on 29-30 May, 07 in Bishkek, Kyrgyzstan39 The programme has been development in close consultation with the GoT and will be agreed and approved by theend of 2007 or lately by May 200840 Individual interview with Frederik Coene, Project Manager, EU, EC Delegation in Tajikistan, November 22, 0741 ECHO in the field - CA - http://ec.europa.eu/echo/field/taiikistan/inde)cen.htm

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• Support the implementation of the EECCA (Eastern Europe, Caucasus, CA) component of the EU Water Initiative (EUWI-EECCA) for safe water supply and sanitation and integrated water resources management;

• Promote transboundary river basin management as well as regional cooperation under the Caspian Sea Environmental Convention;

• Give particular support to the integrated management of surface and underground transboundary water resources, including the introduction of techniques for a more efficient water use (irrigation and other techniques);

• Enhance cooperation for appropriate frameworks for facilitating the financing of water related infrastructure projects, including through attracting IFI's and public-private partnership funds;

• Support regional capacity building on integrated water management and production of hydro power;

• Improve sustainable management of forests and other natural resources in Central Asia;• Encourage increased environmental awareness and the development of environmental civil

society including through cooperation with the Central Asia Regional Environment Centre (CAREC) and etc.

Section III describes that one of the EU instruments will be interaction with international financial institutions (IFIs) will be strengthened, including the World Bank (WB) and the European Bank for Reconstruction and Development (EBRD). The European Investment Bank (EIB) should play an important role in financing projects of interest to the EU in Central Asia42.

9.6 Swedish International Development Agency (SIDA)

According to 2006 - 09 SIDA Central Asia Strategy,.it is determined the scale and scope of Swedish development cooperation with Central Asia, particularly Kyrgyzstan and Tajikistan.

As of September 2006 general election, the Moderates, the Liberals, the Christian Democrats and the Centre Party agreed to run on a common platform, and formed the Alliance for Sweden to challenge the political dominance of the Social Democrats, who have been in power for all but nine of the past seventy years. On Thursday, October 5, 2006, the Riksdag elected Fredrik Reinfeldt as Prime Minister of Sweden, and the following day he presented his Cabinet, in which former Moderate Party leader Carl Bildt - who was Prime Minister from 1991 to 1994 - serves as Minister for Foreign Affairs. As the result of this change the decision has been made to start phasing out process of 34 embassies out of 70 around the world. The new areas of focus are conflict zones and poorest countries of African continent. Tajikistan is in the list of low income countries and is in the phasing out list but SIDA will accomplish all obligations occurred based on signed agreements with the GoT, UN agencies / INGOs and other donor agencies and IFIs to ensure gradually phase out the donor financing support to Tajikistan by 200943.

The goal for Sida's development cooperation is to contribute to an environment supportive of poor people's own efforts to improve their quality of life. Current projects that will be completed by 2009 and are implemented with focus on the following sectors: a) democratic governance and human rights, b) economic development, and c) health. Besides the three sectors outlined above, co-financing may be considered in relation to major environment projects such as water supply, wastewater treatment, waste management and increased energy efficiency, but only as part of internationally coordinated arrangements.

The main projects that relate to this study are: 1) Strengthening Results Management in Support of PRSP in Tajikistan for the period of 2006 - 09 (MoEDT, ADB total project budget US$ 0,54 million); 2) Local Governance Initiative, 2007 - 10 (AKF / MSDSP, US$ 2,14 million); 3) Regional Municipal Environment Infrastructure, 2006 - 09 (EBRD, Tajikistan is priority country among Moldova, Georgia and Kyrgyzstan; US$ 4,29 million).

42 The EU and Central Asia: Strategy for a New Partnership, Thursday, 05 July 200743 Individual interview with llhom Akobirshoev, SIDA Programme Officer, Dushanbe, November 20, 07

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9.7 Swiss Agency for Development and Collaboration (SDC)

In October 2007 Local SDC office in Dushanbe was part of the joint initiatives of major potential donor agencies such as ADB and DFID willing to fund water management projects. In parallel, SCD is currently conducting the review of Swiss Water Strategy for Central Asia for the period of 2002 - 2006 and will be updated in the context of the regional mid-term planning for the period of 2007-201144.

SCD / SECO believe that it is essential to coordinate activities with those of other donors in order to profit from experiences, to achieve synergies and to avoid contra-dictionary approaches and duplications. Co-financing of projects is the traditional approach of SECO to implement projects. Future co-financing will be carefully assessed and limited to projects in the core activities in the water sector, aiming at optimising coordination and cooperation with other donors, allowing influence to project design and steering, participation in the policy dialogue, and giving Switzerland a visible profile.

The Swiss water sector programme emphasises the support to institutional development, capacity building and human resources development linked with infrastructure investments, the promotion of regional partnerships and donor coordination. Interventions are at the same time targeting the macro, meso and micro levels of the political and economic system. This requires inputs related to sector policy and the development of institutional and legal/regulatory frameworks, the development of management capabilities and organisational instruments and arrangements, the support to water users to improve water management on micro level; and, last but not least, to the provision of free access to sector-related information for all stakeholders in the system.

The main SDC water and sanitation project is currently the "Regional Rural Water Supply and Sanitation" implemented by ISW in Ferghana valley with the budget of US$ 3.6 million. Some other Local Development projects focused on strengthening local infrastructure, institutional capacities and economic development have W&S components implemented by CARITAS, ACTED, MSDSP / AKF in Khatlon and GBAO (around US$ 3.98 million since 1999). Dissemination of Integrated Water Resource Management (IWRM) experiences Project implemented by Winrock International in South territories of the Republic of Tajikistan (US$160,000). SECO co-finance inputs (US$ 0.43 million) are directed to lager urban projects such as Khujand Water Supply project implemented by EBRD.

Water and Sanitation will continue to be one of the priority sectors of SDC in the region. The general SDC budget situation, specific water sector budget, financing and co-financing, identification of implementing partners will be defined in the beginning of 2008 in a more specific way after adoption of new Strategy until 2011.

9.8 United States Agency for International Development (USAid)

One of the programmes of USAID Mission in Tajikistan is "Energy and Water" with the proposed FY 2007 obligation US$1,242,00045. An area of focus is helping Tajikistan increase agricultural sector productivity through improved irrigation, assistance to farmers to produce value-added crops, and regional water management.

Local management of irrigation water resources is critical to the agricultural economy of Tajikistan. USAID will continue its assistance to Water User Associations (WUA) at least until 2009 in Tajikistan to promote and stimulate WUA policy and procedural reforms, develop irrigation system demonstration models, conduct public outreach campaigns, and implement a grants program to assist WUAs. Principal contractors / grantees: Winrock International46.

44 Individual interview with Zafar Samadov, SDC Programme Officer for Infrastructure, Dushanbe, November 15, 0745 USAID Tajikistan: http://www.usaid.gov/policy/budget/cbi2007/ee/ti.html46 Individual interview with Ubaidullo Mirvaidulloev, USAid Project Management Specialist / Economic Growth,November 15, 2007

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9.9 World Bank (WB)

World Bank's Country Assistance Strategy for Tajikistan (2006-2009) includes three main strategic objectives: "Enhancing and preserving the quality of human capital"; "Improving business opportunities in rural and urban areas" and "Exploiting the country's hydropower potential"47. The mentioned objectives very well corresponds with PRSP and NDS priorities such as "Private sector development and investments attraction" and "Human capital development".

The World Bank is involved in financing several programmes supporting the restructuring of the agriculture and water sectors which have safe drinking water supply (with major focus on urban areas) and irrigation rehabilitation components48:

PRSP priority

CSP objective Portfolio

Privatesectordevelopment&investmentsattraction

Improving businessopportunities in rural &urban areas

1. Rural Infrastructure Rehabilitation Project (Credit,US$ 20.0 million; 2000-07)

2. Community Agriculture & Watershed ManagementProject (USD 15.3 million (US$ 5.0 million IDACredit, US$ 5.8 million IDA Grant, and US$ 4.5million GEF Grant; 2004-11)

3. Ferghana Valley Water Resource ManagementProject (IDA Grant US$ 13.0 million; 2006-11)

Humancapitaldevelopment

Enhancing &preserving the qualityof human capital

4. Dushanbe Water Supply Project - DWSP (US$ 17.0mln+US$ 5.0 mln supplementary; 2002-07)

5. Municipal Infrastructure Development Project (IDAGrant US$ 15.0 million, 2006-11)

WB funds are channelled through MoF and projects implementation in close collaboration with MoANP, MoMWR, local authorities and implementing partners such as UNDP, UN FAO, INGOs (GAA and AKF).

The WB has a focus on urban water supply projects through infrastructure projects in Dushanbe (in addition to the DWSP there is "Community based water supply project" supported by Japan Social Development Fund (JSDP grant US$ 2.1 million) for establishing 42 CBOs - water committees to assist local housing services of KMK in Dushanbe), Under Municipal Infrastructure Development Project that is implementing in collaboration with KMK there are eight participating cities / towns around Tajikistan: Dangara, Istravshan, Kanibadam, Kulyab, Kurgan-tube, Rasht, Vahdat and Vose to ensure sustainable access to safe drinking water and basic sanitation49.

47 "World Bank Endorses Tajikistan's Country Partnership Strategy Progress Report" News Release, July 19, 200748 Tajikistan Portfolio Performance Review, October 2006; Fighting Poverty in Tajikistan: The WB Group Activities,1994-2007, February 200749 Individual meeting with Sodiq A. Haitov, Operations Officer on Infrastructure Projects, WB Dushanbe office,November 22, 07

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9. CONCLUSIONS

Access to safe drinking water is a fundamental human right stipulated both in international and national law:

Access to safe drinking water is a fundamental human right need and, therefore, a basic human right referred to in a range of international treaties and instruments ratified by the Republic of Tajikistan.

The Water Code of the RT, 2000 has been amended in 2006 specifies prioritisation access to safe drinking water however the specific law on safe drinking water supply, which is defining roles among potable water providers, has not yet passed any readings in the parliament since its submission to parliamentarians in 2003 as some stakeholders do not see a need to have separate law on potable water.

The proper mechanisms need to be in place to ensure implementation of both international treaties ratified by the state and national law of the related to water issues stipulate that access to safe drinking water as first priority.

Irrigation remains a priority in practice:

The water consumption plan in irrigation reached 85 percent in 2007, seven percent have been consumed by urban, rural water supply, five percent by industrial sector and three percent has been allocated for recreation and fishery needs (12336.2 million m3 = 12.3 billion of m3).

TSVPS pays much of its efforts to provision of irrigation water to dehkan farms in accordance with directives of the GoT to reach the cotton harvest plans.

For improvement of the melioration conditions of the 55,500 ha of irrigated lands for the period of US$ 12,149 million have been allocated from the national, local budgets and water users' funds for the period of 2005-2009.

Urban and rural water supply financing for the period of 2006-2008 from the GoT is about US$ 4.0 million and more than US$ 52,793 million (about 20 percent of this figure is given to rural water supply) allocations of major donors and IFI.

Ecological situation and the impact on climate change:

Careless use of water, high erosion and salination are diminishing soil productivity and erosion affects 60 percent of the irrigated land. The character of river flow is constantly altering that negatively affects local ecology and vulnerable sectors of national economy such as irrigation, water supply and hydropower engineering.

The ecological situation and impact on climate change will lead us to reconsider our approach and culture in the water use and consumption. Oxfam's plan for 2008 is to conduct the research of affects of climate change on livelihoods of rural population.

Estimates indicate that 40 to 70 percent in the drinking water supply network. In Dushanbe, the water consumption per person reported as 340 - 500 litres per day.

In irrigation, cotton crop consumes twice more than required. This weak management approach increase salinity, land erosion which simply leads to ecological catastrophe.

Requirements in further water sector reforms:

GoT acknowledges that comprehensive structural and institutional reforms are required in the water sector, specifically on:

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• Legal framework for safe drinking water supply: revision of regulatory and legal framework and endorsement of drinking water legislation need to be done;

• Improving strategic planning: the poor quality strategic plans mainly developed at the national level with limited participation of the professionals and civil society at the ground levels. Main documents such as NDS, PRSP, WSS are not translated in Tajik and have not yet been read by many stakeholders in rural areas. The government strategic plans require wider dissemination and should be developed based on results oriented monitoring methodologies;

• Unavailability of coordination governmental body on safe drinking water management: there are many state bodies involved in water management, but there is no specific body responsible for safe drinking water supply that should take a responsibility to coordinate the work of several ministries, departments, enterprises and etc;

• Clearer role of civil society in water management should be defined: service provider, facilitator of the service provision, monitor of the effectiveness, efficiency of the water supply process and its impact on the environment;

• Participation of private business has not yet defined in water sector: the participation of private sector into the water sector is being hampered by insufficient public-private partnership mechanisms, existing administrative barriers, low cost recovery and insufficient state support.

National budget covers 8-10 percent of the real needs of the special governmental organisations in water sector:

In Soviet times the MoMWR budget was US$ 380 million (maintenance, repair and construction; not including water needs of the agrarian sector). In 2007 the budget of the same ministry is TJS 10.4 million (US$ 3,014,493) and it is planned to increase the budget in up to 50 percent in 2008 which will cover only 8-10 percent of the financial resource requirements.

The budget from the MoMWR to TSVPS does not cover operational costs and is too low for maintenance. During Soviet times it was funded by a budget of 9 million rubles (more than 9 million USD at that time). Annual central funding received in 2007 is about TJS 300,000 Tajik Somoni (TJS) which is about US$ 87,000 with an additional TJS 700,000 (around US$ 203,000) received from water tariffs (total budget of about TJS 1 million - 290,000 USD), with the help of a new internal tariff collection department. If 10 percent of this budget were allocated for head office costs this would leave a monthly budget of some TJS 3000 (around 870 US$).

Internal and external migration of qualified personnel in the water sector:

There is shortage of qualified professional staff in governmental organisations. Many of those who worked before in donor funded projects left their posts for better employment either outside the country like Russia or moved to international organisations and private sector. Major reason is that people are not satisfied or motivated with the existing remuneration package offered by the state agencies.

There are still limited vocational training opportunities for ground and medium level staff. Manly high level managers take part in professional training, experience sharing programmes and useful events at national and international levels. Foreign languages such as English are hardly known.

Current tariffs cover only 10 percent of the costs but collection rates improved during last two years and consist of 70 percent (drinking water) and 90 percent (irrigation):

Tajikistan has complex water supply infrastructure created during Soviet times usually depending from external inputs such as steady electricity supply. As the result inefficient tariffs which are 2-45 dirams per m3 for potable water and 0,78-1,3 diram per m3 for irrigated water but are not enough for covering basic O&M of the existing water systems. The collection rates have been improved during last two years and generally consist of 70-80 percent for drinking water supply and up to 90 percent for irrigated water. The main non-payers who represent 30 percent are individuals and budgetary organisations.

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The increase of water fee collection tremendously raised in those locations where piloted project on installation of water meters have been implemented. In addition project staff organised public awareness campaigns and dissemination of IEC materials. As outcome people use water more effectively and efficiently, the negative impact on the environment is reduced as well. There are less social conflicts among water users as taps are closed and water reaches the remote houses.

Lack of coordination approach among stakeholders on hand over practices of constricted / rehabilitated water supply systems:

There are no specific guidelines developed for the hand over of the rehabilitated and / or constructed water supply systems, however there is "Instruction for approval procedure and issuing the permission for special water use" endorsed on January 20, 2005 by the Committee on Nature Protection (merged with MoANP since January 10, 2007) in consultation with MoMWR, MoH, Main Department of Geology and Main Department for Supervision over Safety in Industry and Mining. This document is strongly recommended to deeply explore and follow in rehabilitation / construction works. As the expected result, coordination and common standard for hand over of water supply system will be applied.

Efficiency and sustainability are hardly taken into consideration when constructing water supply systems:

Non-functioning rehabilitated / constructed water supply systems are very well known stories across Tajikistan. Unstable electricity supply, poor maintenance, limited finances to carry out minor repairs or skills to resolve major problems, poor quality of construction materials and no access to spare parts, are just some of the causes of failure. Communities often request additional funding from the same or another donor to rehabilitate the failed system.

Major donors' strategies are at the revision stage:

In October 2007 Local SDC office in Dushanbe was part of the joint initiatives of major potential donor agencies such as ADB and DFID willing to fund water management projects. In parallel, SCD is currently conducting the review of Swiss Water Strategy for Central Asia for the period of 2002 - 2006 and will be updated in the context of the regional mid-term planning for the period of 2007-2011.

DFID is at the final stage of its Regional Assistance Plan preparation. During 2007 there were two independent missions on assessing the financing opportunity of the water and sanitation in rural areas of the Republic of Tajikistan. This research activity may potentially lead to identify water supply and rural sanitation as one of the priorities which will result with budget increase aimed on improving basic service delivery to poor people.

The SDC / SECO and DFID consider option to contribute their resources to ADB portfolio. The funds on water and sanitation projects will be channelled than through MoF. The projects will be implemented through Project Implementation Unit(s) located in MoMWR with active participation of TSVPS, WUAs, CBOs (Water Committees, Jamoat Resource Centres, Village Organisations, etc) at the ground levels. In this regard, ADB is planning to increase technical assistance fund in order to involve external expert organisations for provision of capacity building services both for GoT and public community.

At present the Government of Canada is in process of development its policy for external technical assistance to the development world. It is not clear yet when the new strategy paper will be formulated and widely announced. There is a probability that CIDA will completely cease funding and leave Tajikistan.

EBRD (in Khujand) and WB (Dushanbe, Dangara, Istravshan, Kanibadam, Kulyab, Kurgan-tube, Rasht, Vahdat and Vose) are continuing keeping their focus on urban water supply projects. WB

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and USAid are supporting irrigation projects as well and the funding is available at least by 2009-11.

Social Protection is defined as the most prioritised area of focus for the next decade in the new Tajikistan Indicative Plan of the EC 2007-2010 based on new EU strategy for CA for the period of 2007-13. There is very little probability to support direct programmes and projects on water supply and sanitation work funded by EC as the result of impact, effectiveness and efficiency analysis of the water sector.

The new Government of Sweden elected in October 2006 made a decision to phase out activities of its 34 out of 70 SIDA's country programmes around the world and focus its funding on the poorest countries of African continent. SIDA will accomplish all obligations occurred based on signed agreements with the GoT, UN agencies / INGOs and other donor agencies and IFIs to ensure gradually phase out the donor financing support to Tajikistan by 2009.

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10. RECOMMENDATIONS

Key recommendations proposed to relevant stakeholders including GoT, Parliamentarians, CSOs, UN, INGOs, Donors are as below:

Recommendations to the GoT and Parliament:

• Unification the efforts for adoption of the new laws on safe drinking water supply, which is defining roles among potable water providers.

• Make available of important laws, strategies, standards and other documents mentioned in this study to all relevant stakeholders. Dissemination of these materials among relevant partners (INGOs, UN, CSOs, local authorities) would be also very useful to form a common understanding.

• Follow the decentralised principle of the water management in rural areas with active involvement of WUAs and other community based providers as relevant state organisations fail to provide potable water in many of rural areas of Tajikistan.

• Develop effective tools for tariff reforms based on pilot initiatives at local levels to lay the foundations for sustainable institutional structures and participation of public and private sector in water management.

• Organise consultations with relevant stakeholders including civil society representatives when designing new policies, laws, etc. By provision of opportunity to participate and be actively involved during such processes will bring positive impact and will be beneficial to all parties.

Recommendations to implementing agencies (UN / INGOs)

• Organisation of different scale (national, regional, district) advocacy (seminars, conferences,workshops, focus group discussions, round tables, public campaigns) events and take part inthe follow up policy / advocacy activities such as:

(a) Revision of legal framework on water management, improving strategic planning,(b) Restructuring the state bodies in order to increase impact, effectiveness and efficiency,(c) Identification of roles of civil society and private sector in water management,(d) Water sector budget monitoring and designing diversified tariffs,(e) Technical, institutional and social sustainability of water supply systems,(f) Financing the water sector by major donors and IFIs.

• During water supply project design ensure that the right choice of technology is used (simple, affordable, locally maintainable water supply systems) including well-trained and resourced staff to ensure effectiveness, efficiency and sustainability of the water supply.

• Actively involve the potential owners of the water supply systems during whole project cycle and support active participation in activities such as: designing and constructing a water system, capacity building training, advocating for fair tariff, timely fees collection, operations and maintenance, public awareness building on efficient use of water resources and etc.

• Capacity building training for the operator of the water supply system with focus on the issue such as: O&M, transparent financial management system (budgeting, tariff system, fees collection and financial records), communication and training skills to build awareness of people on careful use of water resources.

• For improvement of coordination approach among stakeholders on hand over practices of constricted / rehabilitated water supply systems it is recommended to follow the "Instruction

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for approval procedure and issuing the permission for special water use" endorsed on January 20, 2005 according to the Decree of the GoT, December 3, 2002 dated, No 485.

• Raise the level of awareness of general public to reduce water losses through organisation of public campaigns, dissemination of IEC materials and transmit the social advertisements.

• Develop projects for extensive installation of water meters that will lead to effective water consumption planning processes and will decrease the bad impacts on the environment as then people would have to pay for the water consumed and will use water resources more efficiently.

Recommendations to donors and IFI:

• Continue joint stakeholders' consultations (GoT, CSOs, UN, INGOs, etc) with in order to identify greater funding needs and mainstream effective implementation of main national strategies covering water issues as well as internationally agreements such as MDGs.

• Donors and IFIs should be well informed by NGO community on policy / advocacy and lobbying initiatives undertaken in order to take the outcomes of this work into consideration when negotiating prioritisation of funding needs with GoT.

General recommendations

• The main covered issues within this study were a) national legal framework on water management; b) governmental approaches in water sector; c) ownership and sustainability of water supply systems; d) roles and limits of government and civil society in managing of potable water; and e) donors' financing strategies should be further deeply assessed. The studies should go beyond experiences in Tajikistan and identify suitable best practices abroad. In addition, the analysis of the private sector participation in the water sector should be also carefully analysed. All of this will be extremely important knowledge for further planning, decision-making and actions.

• The SWOT analysis should be done for each governmental stakeholder organisations (both internally and externally) and then jointly compiled in close consultation and collaboration. The same exercise would be useful for the CSOs water providers to assess their capacities, identify their development needs and provision of support in addressing these needs.

52

11. LIST OF PUBLICATIONS / SOURCES OF INFORMATION

1. ADB Country Operational Plan, 2008-10, September 20072. ADB Indicative Rolling Country Operations Business Plan, 2007-2009, May 20073. EBRD loan whets Tajik water supply [EBRD - Story]4. EBRD Investments 1996-2006 / EBRD signed contracts5. EBRD Strategy for Tajikistan, November 15, 20056. EBRD Project summary documents - Tajikistan7. EBRD Country fact sheet, Tajikistan, January 20078. EBRD - Press Release: Khujand Water Supply Improvement Project, Tajikistan9. EC CA Indicative programme, 2007-10, 15 June 200610. EU and Central Asia: Strategy for a New Partnership, 2007-201311. National Development Strategy of the Republic of Tajikistan, 2007-201512. Poverty Reduction Strategy Paper of the Republic of Tajikistan, 2007-200913. Swiss Water Strategy for CA, 2002-2006: Strengthening Regional Water Management

Capacities14. Strengthening Partnerships for Human Development in CA: The EC contribution, Vincent

Piket, Head of Unit, Centralised Operations for Asia incl. Central Asia; DG EuropeAid, European Commission

15. Strategy for development cooperation with CA; January 2006 - December 2009; SIDA16. Republic of Tajikistan, Poverty Assessment Update, January 6, 2005, WB17. Tajikistan: the Challenge 2004-07; USAid Tajikistan Programme summary data sheet18. USAid data sheet: Energy and Water Programme 2006-0719. Fighting poverty in Tajikistan: The WB group activities, 1994 - 2007. February 2007 report20. WB Country partnership strategy for the RT, for the period FY 2006-09, October 3, 200521. Tajikistan portfolio performance review, October 2006; The WB Dushanbe Country Office22. WB endorses Tajikistan's country partnership strategy progress report; News release, July

19, 200723. Water Code of the RT, 2000 (with amendments of 2006)24. Water Sector Strategy, 2006-202025. Decree of the RT on Introduction of the National Water Cadastre, April 30, 2002; No 19326. Decree on "Regulations for encouragement of water users involved in valuable to the

community activities on rational use and protection of waters", August 31, 2002, No 34927. Decree "On design, registration and provision of permit for special water use", January 20,

200528. Decree of the RT on "Rules and Regulations for water objects use for fisheries and

hydroelectric need", November 5, 2002, No 43729. Decree of the RT on defining roles and responsibilities of state agencies involved in

regulatory use and protection of waters, February 4, 2002, No 3930. "Experience of implementation of the Arhus Convention of NGO in Tajikistan", May 21, 2005,

Almaty31. Constitution of the Republic of Tajikistan, November 6, 1994 (amended in June 22, 2003)32. Law of the RT on Public Associations, April 30, 2007, No 31033. Law of the RT on Nature Protection, 2003

53

34. "Road map" - planned steps towards realization of the integrated water resources management principles and rationale of the essential activities the RT, 2006

35. Forestry Code of the RT, 199336. Land Code of the RT, 199637. Law of the RT on bowels, 199538. Law of the RT on dehkan farms, 200239. Law of the RT on ecological expertise, 200340. Law of the RT on energy, 200041. Law of the RT on payment for land, 199742. Law of the RT on separate type of activities, 200643. Law of the RT on natural monopolies, 200744. Law of the RT on privatisation of state property, 200345. Law of the RT on public health, 199746. Law of the RT on state registration of legal entity, 200347. Law of the RT on state sanitary supervision, 200448. Tax code of the RT, 200749. National report within the framework of UNEP support for achieving the Johannesburg plan

of implementation target of "Integrated Water Resources Management and Efficiency Plans by 2005, with support to developing countries", 2006

54

12. ANNEXES

13.1 TERMS OF REFERENCE

Public Health/Water Sanitation Programme^^^^^^_______________________Eastern Khatlon, Tajikistan_____

Terms of Reference

1 Purpose of the assignment

The current set-up of ownership and management of water and water supply systems in Tajikistan is unclear. A law on ownership and management of water systems for agricultural water has been approved. No law yet exists to cover water use for drinking water systems. A draft law has been submitted by the State Unitary Enterprise (formerly the Ministry of Housing) but it has not yet had a first reading.

Regulation of water systems is also confused, with a reported (by UNICEF) 22 different government ministries having from full to some involvement in management of water supplies. Existing water supply enterprises are not able to fully maintain and service available capacities, at that the situation is exacerbated by untimely payments "full cost recovery to achieve sustainable water supply" other wise water suppliers will rely on Government subsides to survive, difficulties in reducing and / or eliminating differences between the existing and the required tariff of water users for water supply services.

Many NGOs are working on rehabilitation and construction of drinking water supplies, and are concerned about implementation of sustainable structures for operation and maintenance of the systems. However, there is no national standard or advice (National Guidelines) on the set-up of sustainable management systems for operation and maintenance of rural water supplies, and consequently most NGOs are developing and applying their own models, which contribute to increasing demand on the none existing Government subsides. There is no appropriate forum for NGOs to share their plans and experiences on management models or to develop a standardized approach; consequently many different approaches are being used in different parts of the country.

Oxfam GB has been constructing and rehabilitating both drinking water and agricultural water systems in East Khatlon since 2003, but has no clearly defined procedure for handover of the completed water systems in a manner that will ensure their sustained operation and maintenance.

Oxfam feels the need to carry out analysis of the current situation in water sector to get an answer to the question: who is who in water sector in Tajikistan.

2. Objectives:

• Identify all existing approaches, laws, decrees, etc. in irrigation and drinking water at all levels in the country and all bodies who have some responsibility for drinking water and prepare matrix on it.

• Explore Government approaches in water sector in terms of ownership and sustainability.• Carry out SWOT analysis of the government structures in water sector.• Review of donors' strategies in the water sector in the country and compile a matrix of

findings.• Facilitate round table where results of the survey will be shared with stakeholders.• To analyse the current used approached of Water Committees, CBOs and Jamoats on

management and maintenance of water systems with main focus on potable water.

3. Expected outcomes:

55

Table or matrix on existing approaches, laws, decrees, etc on water identified andsubmitted.The government approaches and responsibilities in water sector mainly on ownership of thesystems, roles and limits of community participation in managing water systems identifiedand agreed.Discussion with different government sectors and donors organised and the information forthe further thoughts for the final evaluation on the water sector done. Lessons learned fromgood and bad practices to scale up the community management evaluated.Develop a sheet of findings on the current approached of water management andmaintenance on local community level.The recommendations on strengthening the community institutions (water committees,CBO, Jamoats) and functions in managing water resources as well as including the costrecovery and efficiency identified for putting into practice.The report should consist of not more then 25 pages including executive summary andrecommendations.The research is completed and shared with the stakeholders and recognised by thegovernment. These all done through facilitation of the round tables on the results of theresearch where the final comments and recommendations agreed.

56

13.2 STUDY PLAN AND TIME TABLE

1st stage:Activity

Agree on methodological framework and list of stakeholders and (for focus group discussion, individual interviews, and roundtables)Desk research: collect and review assignment related documentation (project reports, laws, decrees, other relevant documentsand publications)Send the enlightening letters50 about aims and objectives and expected outcomes of WMS, requests for participation in focusgroup discussions and round tables, individual meetings

2nd stage:Activity

Organise and conduct four focus group discussions with main stakeholders in water sector51

TimeframeOctober 3-12,

07 October 4-15,

07 October 15-17,

07

TimeframeOctober 22 - 26,

07

Main Governmental agencies / participants (in Oxfam GB Dushanbeoffice)

Main issues to be discussed Outcomes of the discussions

1. Ministry of Melioration and Water Resources2. TajikSelkhozVodoprovodStroy3. Ministry of Health, Sanitary and Epidemiological Station4. Khojagii Manziliyu Kumunali5. Ministry of Economic Development and Trade6. Water Control Inspection of Ministry of Agriculture and NatureProtection7. DushanbeVodokanal

• Identify all existingapproaches, laws, decrees,etc. in irrigation and drinkingwater at all levels in thecountry and all bodies whohave some responsibility fordrinking water and preparematrix on it

• Explore Governmentapproaches in water sector interms of ownership andsustainability

• Table or matrix on existinggovernmental approaches, laws,decrees, etc on water identifiedand submitted

• The government approachesand responsibilities in watersector mainly on ownership ofthe systems, roles and limits ofcommunity participation inmanaging water systemsidentified and agreed

Main UN / International Organisations participants (in Oxfam GBDushanbe office)

Main issues to be discussed Outcomes of the discussions

50 The informative letter (aims / objectives of the events, names of the participants, and organisations they represent) should be sent to the Ministry of Foreign Affairs accordingto the procedures51 This approach will ensure involvement of all stakeholders from the initial phase of the research and bring people at the same level of understanding of aim, objectives andoutcomes of this study.

57

8. UNICEF • Identify roles and limits of • Lessons learned identified from9. UNDP community participation in good and bad practices to scale10. Agency for Technical Cooperation and Development managing water systems up the community management11. Aga Khan Foundation • Sheet of findings on the current12. German Agro Acton approached of water13. Mission East management and maintenance14. Mercy Corps on local community level15. Institute for Water developed • The

recommendations on strengthening the community institutions (water committees, CBO, Jamoats) and functions in managing water resources as well as including the cost recovery and efficiency identified for putting into practice.

NGOs, Jamoat Resource Centres, Water Committees / Water User Associations (in Oxfam GB Kulyab office)

Main issues to be discussed Outcomes of the discussions

16. Community Based Organisations / NGOs supported by Oxfam GB17. Jamoat Resource Centres in Eastern Khatlon18. Water User Associations in Eastern Khatlon

• Identify roles and limits of community participation in managing water systems

• Lessons learned identified fromgood and bad practices to scaleup the community management

• Sheet of findings on the currentapproached of watermanagement and maintenanceon local community leveldeveloped

• The recommendations onstrengthening the communityinstitutions (water committees,CBO, Jamoats) and functions inmanaging water resources aswell as including the costrecovery and efficiency identifiedfor putting into practice.

3rd stage:

58

ActivityOrganise and conduct individual meetings with main stakeholders in water sector

TimeframeOct 15-Nov 30,

07

Main Governmental agencies / participants Main issues to be discussed Outcomes of the discussions1. Local Authorities at levels of:• Khatlon oblast• District (Eastern Khatlon)• Jamoat (based on selective order from targeted areas)

• Identify all existingapproaches, laws, decrees,etc. in irrigation and drinkingwater at all levels in thecountry and all bodies whohave some responsibility fordrinking water and preparematrix on it

• Explore Governmentapproaches in water sector interms of ownership andsustainabiiity

• Table or matrix on existinggovernmental approaches, laws,decrees, etc on water identifiedand submitted

• The government approachesand responsibilities in watersector mainly on ownership ofthe systems, roles and limits ofcommunity participation inmanaging water systemsidentified and agreed

Donors / International Financial Institutions Main issues to be discussed Outcomes of the discussions2. European Commission3. World Bank4. Asian Development Bank5. European Bank for Reconstruction and Development6. Swedish International Development Agency7. Canadian International Development Agency8. United States Agency for International Development9. Department for International Development10. Swiss Development and Cooperation Office - SDC - SECO

• Review of donors' strategies in the water sector in the country and, compile a matrix of findings

• A matrix of findings on major donors strategies for financing water sector is compiled

4th stageActivity

Data collected analysis:• Carry out SWOT analysis of the government structures / community structures in water management

Synthesis phase:• Start drafting recommendations on strengthening the government structures / community institutions (water committees,

CBO, Jamoats) and functions in managing water resources as well as including the cost recovery and efficiency identified

TimeframeNov 5 - 9 , 07

Nov 12-16, 07

59

for putting into practice• Report write up (executive summary, main findings, conclusions and recommendations) and submission to Oxfam GB for

review and commentsNov 19-Dec

Deliverables: 11, 07• Debriefing: facilitation round table where results of the survey will be shared with stakeholders• Final report writing and submission

60

13.3 LIST OF PERSONS CONSULTED DURING FOCUS GROUP DISCUSSIONS AND INDIVIDUAL INTERVIEWS

LIST OF PARTICIPANTS OF THE FOCUS GROUP DISCUSSIONS

Representatives of Civil Society

Name of the Agency Name / Designation Contact information1. Community Based Organisation "Hamadon", of Ziraki village (supported by Oxfam)

Abdulhamid Nazirov, Head + 992 90 775 74 33

2. CBO "Ehson" of Kainar village (supported by Oxfam)

Gafurov H. K., Head + 992 91 913 07 69

3. CBO "Durandesh" (supported by Oxfam) Miraliev AT., Head + 992 918 75 90 974. "Obshoron" Water Users Association (WUA) -(supported by CARITAS)

Khurshed Sharifov, Director + 992 918 50 15 95

5. "Obshoron" WUA (supported by CARITAS) Jumakhon Khojaev, Manager + 992 918 58 64 986. "Obshoron" WUA (supported by CARITAS) Hikmat Rizoev, accountant + 992 93 584 51 847. CARITAS Emma Lindberg, Jgnior Consultant + 992 918 42 09 248. CARITAS Dilorom Ashurova, Translator + 992 918 94 21699. Project Implementation Unit of Asian Development Bank (ADB) Rural Development Project, Vose District of Khatlon Province

Azizullo Isoev, Engineer + 992 90 776 50 29

10. WUA of the Rural Development Project, Vose District (supported by ADB)

Kholov Khon, member of WUA + 992 918 75 30 49

11. CBO "Obi Sof (supported by Mission East) Khamid Rajabov, Head of the CBO + 992 95 123 38 2212. CBO "Obi Nushoki" Ayniddin Mirzoev, Direcotor + 992 93 514 33 2313. WUA "JON" (Potable water project supported by CARITAS)

Tillo Rakhmonov -

14. WUA "JON" - Muminobad district Jumakhon Boboev, Head + 992 918 55 44 6915. CBO for Water Supply and Sanitation Safarali Nurov, Head + 992 95 171 03 1916. CBO, Vose, uch. Chorboh (supported by Oxfam) Hakim Naimov, Head + 992 91 9152736; + 992 918 81 81 80

17. "Galaba" LLC, Farkhor District (supported by UNDP)

Usmonali Safarov, Head + 992 93 5034282

Representatives of the Government of the Republic of Tajikistan

Name of the Agency Name / Designation Contact information18. Ministry of Melioration and Water Resources of Nuraliev Kamol Nuralievich, First Deputy Minister + 992 37 2359914

61

the Republic of Tajikistan (MoMWR)19. Tajik Scientific Research Institute for Hydrotechnique and Melioration under the MoMWR (TSRIHM)

Pulatov Yarash Ergashevich, Director General + 992 37 2353523

20. State Water Inspection of State Control Service for Enforcement and Nature Protection of the Ministry of Agriculture and Nature Protection (SWI)

Munim Abdusamadov, Chief of the Water Inspection + 992 90 7700761 (mob); +992 37 881 31 36 (office)

21.SWI Svetlana Stalinskaya, Head of the Department for Protection of Surface Waters

+ 992 93 5006112 (mobile)

22. "TajikSelkhozVodoprovodStroy" - Agency on Projection, Constriction and Exploitation of Potable Water in Rural Areas and Pastures in Tajikistan (TSVPS)

Sharifov Gul Vahobovich, Chief Engineer + 992 37 2313554

23. Ministry of Economic Development and Trade of the Republic of Tajikistan (MoEDT)

Shukhrat Murodov, Leading Specialist of the Department of Agriculture Branches development

+ 992 37 2213080

24. MoEDT Rustam Kurbanov, Senior Specialist of the Administration on Antimonopoly Policy and Competition Development

+ 992 37 2218316

Representative of International Organisations / UN Agencies

Name of the Agency Name / Designation Contact information25. Action Against Hunger (AAH) Anna Schwarz, Admin and Finance Coordinator financeofficer@aah.tainet.com: tel.: + 992

37 224720026. Agency for Technical Cooperation and Development (ACTED)

Oleg Mesheryakov, WRD Manager olea.meshervakov@acted.ora

27. Approach Consulting Group, LLC Ruslan Ziganshin, Senior Development Expert r.ziaanshin@approach.tj: tel.: + 992 37 881 70 26 (office); + 992 91 914 34 08 (m)

28. CARITAS Nicole Stolz, Regional Representative caritas@caritas-ch.ti: + 992 37 222034129. CARITAS Emma Lindberg, Junior Consultant caritas.kulob@mail.ru: + 992 918 420924

30. CARITAS Local Development Project Bakhtiyor Zuhurov + 992 918 42092431. CARITAS / Swiss Development and Cooperation (SDC)

Karl Werhle, Senior Advisor WES / Civil Engineer FHC karl. weh rle@skat. ch

32. German Agro Action (GAA) Azamjon Ibodov azamionibodov@mail.ru; + 992

62

37 224723633. International Secretariat for Water Tolibjon Akhmedov, Social mobilisation Coordinator iswkhuiandO.amail.com: + 992 3422

5208834. Mercy Corps Davlatmo Yusufbekova, M&E Programme Officer davlatmo(®mercvcorDs.ti: + 992 37

2210860 / + 992 918 65830435. Mission East Marydean Purves, Country Director marvdean DurvesO.miseast.toiikiston.c

om; + 992 37 224280836. Mountainous Societies Development and Support Programme (MSDSP)

Ghulomsho Lutfaliev Ghulomsho.lutfalievOakdn.ora: + 992 37 2240512/2247418

37. Oxfam GB Peter Pichler, Country Programme Manager DDichler@.oxfam.ora.uk: + 992 37 2245353

38. Oxfam GB Firuz Karimov, Policy Officer fkarimovO.oxfam.ora.uk: + 992 37 2245353

39. Oxfam GB Ghazi Kelani, Public Health / Water & Sanitation Pogramme Coordinator

akelani@.oxfam.ora.uk

40. United Nations Development Programme (UNDP)

Dirk Guenther dirk.auentherOundD.ora: + 992 47 4410682

41. UNDP Rustam Faiziev rustam.faiziev(S>.undD.ora: + 992 47 4410682

42. United Nations Children's Fund (UNICEF) Ruth Leano, Deputy Representative rleanoOunicef.ora: + 992 48 701148943. UNICEF Nargis Artushevskaya, Programme Assistant nartushevskava@unicef.ora: + 992 48

7011490LIST OF PERSONS CONSULTED DURING INDIVIDUAL INTERVIEWS

44. KMK Musso Gafurov, First deputy of the Director of the KMK

+ 992 37 233 49 83; + 992 93 570 51 12

45. KMK Qurbonali Rakhimov, Head of the "Water Supply and Sewerage" Department

+ 992 37 233 49 83

46. Coordination Unit of the WB Dushanbe Water Supply Project

Jamshed Saidov, Director + 992 37 221 45 62; + 992 918 66 81 71

47. Dushanbevodokanal (DVK) Abdukahor Rakhimov, Chief of planning department of the DVK

+ 992 37 221 09 92

48. DVK Daler Abdulloev, Senior Specialist of the planning department of the DVK

+ 992 37 221 09 92

49. DVK Dilshod Primkulov, Senior Specialist on Water Supply

+ 992 37 221 09 92

63

50. SES Samariddin Aliev, Tel: + 992 37 227 49 47; + 992 90 70 73 97

Representative of Donors / IFI

Name of the Agency Name / Designation Contact information51.ADB Ruslan Sadikov, Infrastructure Officer; Tatiana Evstifeeva

Senior Administrative Assistant / External Relations Coordinator+ 992 37 224 49 00: rsadvkov@adb.ora: tevstifeeva@adb.orq

52. CIDA Gaziz Shotanov, Technical Cooperation Programme Assistant + 7 (7272) 50 11 51 / 52 / 53; E-mail: qaziz. shotanovOj ntemational .qc. ca

53. DFID Shuhrat Rajabov, DFID Programme Manager + 992 37 227 17 26; + 992 90 770 80 04; E-mail: §2 raiabov@dfid.aov.uk

54. EBRD Rustam Faiziev, Senior Analyst + 992 37 221 35 43; + 992 90 778 24 25; E-mail: faizievb@ebrd.com

55. EC Frederik Coene, Project Manager + 992 37 221 74 07; E-mail: Frederik.COENE@ec.euroDa.eu

56. EC Erkin Mamadaliev, Project Manager + 992 37 221 74 07; E-mail: Erkin.Mamadaliev@ec.euroDa.eu

57. SIDA llhom Akobirshoev, SIDA Programme Officer + 992 48 701 14 11 / 12; + 992 90 777 02 04; E-mail: ilhom.akobirshoev@sida.ti

58. SDC / SECO Zafar Samadov, Infrastructure Officer + 992 37 224 73 16; 224 38 97; E-mail: zafar.samadov@sdc.net

59. USAid Ubaydullo Mirvaidulloev, Project Management Specialist / Economic Growth

+ 992 37 229 26 03; + 992 93 570 79 53; E-mail: umirvaidulloev@usaid.aov

60. WB Sodiq Haitov, Operations Officer + 992 37 221 1518; E-mail shaitov@worldbank.ora61. WB Bobojon Yatimov, Rural Development Officer, Environmentally

and Socially Sustainable Development unit+ 992 37 221 03 81; + 992 93 505 38 92; E-mail: bvatimov@worldbank.orq

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13.4 FOCUS GROUP DISCUSSION / INDIVIDUAL INTERVIEWS QUESTIONNAIRE FORMATS (CIVIL SOCIETY, GOT, INGOS / UN, DONORS)

1. Question: What is the existing legal framework used in management of irrigation / safedrinking water supply (law, decrees, codes, norms / standards)?_________________________

• Answer:

2. What are the structures established within existing community based organisation(Water Users Associations, Jamoat Resorce Centres, CBOs, NGOs): membership,subordination, decision making and coordination?____________________________________

• Answer:

3. What are the roles and limits of community participation in managing water systems?• Answer:

4. What is the budget of your programme / project, its source of funding, its allocation,coverage of beneficiaries?_______________________________________________________

• Answer:

5. What are the approaches of water management, construction and hand over toauthorities / community, maintenance and repair, sustainability of the water supplysystems?____________________________________________________________________

• Answer:

6. What are the current tariffs on water for physical and legal entities, its pricecalculations? How much should be the real profitable price for one cubic meter ofwater to ensure the coverage of all input costs?______________________________________

• Answer:

7. Lessons learned / learning from practical experience in community based watermanagement programmes / projects?______________________________________________

• Answer:

8. What are the recommendations of your agency for strengthening the community institutions (water committees, CBO, Jamoats), state actors, commercial organisations and their functions in managing, ownership and sustainability of the water supply?

• Answer:

65