A/HRC/42/47/Add.6
sanitation, and that an explicit provision on the prioritization of water for personal and
domestic use is included.
PROGRESS ON-GOING: The Special Rapporteur is pleased to learn that the Water
Code is in the process of being revised and that the revised Code will reflect the
human rights to water and sanitation within its content. He looks forward to
continued progress being made and the revised Code becoming law.
C.
Recommendation on institutional framework
RECOMMENDATION 4: “Clearly define the division of power and responsibilities
between the Ministry of Energy and Water Resources, the Housing and Communal Service,
Vodokanal and local authorities under the water sector reform.” (A/HRC/33/49/Add.2,
para. 59(b))
21.
In his country visit report, the Special Rapporteur identified the problematic
fragmentation of responsibility that was prevalent within the structure of water and
sanitation provision in Tajikistan, where different departments and authorities have control
over various elements of water and sanitation supply. His interactions with people
highlighted how this represented a challenge when issues needed to be reported, as it was
unclear who was in charge (A/HRC/33/49/Add.2, para. 13).
22.
According to research, as of 14 November 2018, the Government adopted the Water
Sector Reform Programme 2016-2025 on 30 December 2015. One of the aims of the
Programme was, by 2020, to create a framework “for the transition to Water Resource
Management according to the basin principle and to clarify the competencies of different
national institutions.”5 The Water Sector Reform Programme incorporates plans to establish
“six regional water utility companies to be owned by the Housing and Communal Service
(SUE KMK).” These regional utilities are envisaged to provide independent operations at
the regional level and support the local water companies of cities and secondary towns,
whilst also supporting affiliated utilities by “providing technical back-up, engineering
support, and enhanced financial management.” 6 By 2017, the Housing and Communal
Service and the European Bank for Reconstruction and Development had set up two of
these water utilities in the regions of Sughd and the Districts of Republican Subordination
(DRS).7
23.
Whilst it is clear that the Government is attempting to initiate policies aimed at
harmonising responsibility for water provision, concerns have been raised as to the efficacy
of the current plans, the way in which they are being implemented, and whether they do,
indeed, reduce the complexities of the current system. In this regard, according to an
assessment carried out by the World Bank in 2017, “the [water] sector reform process is
moving slowly and is complicated by budgetary restrictions and the current overlapping
authority structures in place […]. While it is too soon to assess the effectiveness of the
program, at the outset the process runs the risk of establishing duplicative structures to the
existing formal institutional arrangements. Implementation of reforms has proven to be
challenging due to political economy considerations. Moreover, the sanitation sector is
almost entirely missing from the reform discussions.” 8
24.
The Government, in response to the follow-up questionnaire, has clarified that the
new version of the draft “Water Code of the Republic of Tajikistan” reflects the powers of
the authorized state body, in the field of water resources (Article 13) and drinking water
supply (Article 15), as well as the mandate of local executive bodies (Article 19).
5
6
7
8
6
United Nations Economic Commission for Europe (UNECE), “Tajikistan” [Internet], n/d, consulted
22 October 2018 http://www.unece.org/env/water/npd/countrydialogues/tj.html.
World Bank, Glass Half Full: Poverty Diagnostic of Water Supply, Sanitation, and Hygiene
Conditions in Tajikistan, August 2017. https://openknowledge.worldbank.org/handle/10986/27830.
Ibid.
Ibid.
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