Draft Concept for a UNDP Regional Programme for a Human Rights-Based Approach to Water Governance Joint UNECE/EC/WHO- EURO/UNDP/OSCE workshop on Water & Health (Bucharest 14 May 2008) Presented by Claire Dupont and Esther Pozo, Milieu Ltd.

Towards a UNDP Regional Programme for a HRBA to Water Governance 1.Rationale for a Regional Programme 2.The methodological approach 3.Country prioritisation 4.Structure of the Regional Programme 5.Refining of the Draft Concept: Working Group Discussion

1. Rationale for a Regional Programme

UNDP Commitment General Comment No. 15 on the Right to Water UNDP strong commitment to integrate HRBA in development projects - UN Common Understanding on a Human Rights-Based Approach to Development Cooperation UNDP Water Governance Strategy identifies HRBA as a cross-cutting priority UNDP Global Human Rights Strengthening Programme (GHRSP) Need to translate these principles and recommendations into concrete action and results

HRBA address the challenges of the water sector HRBA can make a significant contribution to current efforts to improve universal access to water and sanitation and to achieving the MDGs through: –Improving accountability –Focusing on vulnerable and marginalised groups –Increasing participation in decision-making –Empowering individuals and community groups, as well as competent authorities.

Links with the PWH The Protocol on Water and Health incorporates many elements of the Right to Water: Art. 4(2): Parties shall, in particular, take all appropriate measures for the purpose of ensuring: (a) adequate supplies of wholesome drinking water...;(b) adequate sanitation... Art. 5: Parties shall be guided in particular by the following principles and approaches: (1)...equitable access to water, adequate in terms of both quantity and of quality, should be provided for all members of the population, especially those who suffer a disadvantage or social exclusion. Art. 6(1): The Parties shall pursue the aims of: (a) access to drinking water for everyone; (b) provision of sanitation for everyone. Need for close coordination to take advantage of potential synergies

Europe & CIS Region: Common Challenges & Opportunities  Outdated and malfunctioning infrastructure  Institutional and regulatory weaknesses / corruption  Lack of financial viability  Water resource scarcity, pollution, and risk of flooding  Poor involvement of civil society  high coverage of urban populations and a precarious situation in rural areas  On-going reform of water management legislation and structure  Progressive implementation of River Basin approach  Strong involvement of international donors in the region for WSS projects  Drivers for improvement at the regional level through the PWH, approximation/harmonisation with EU legislation

2. The Methodological Approach

Development of the Regional Programme Main Steps: Step 1: Mapping and Baseline Analysis Step 2: Diagnosis and Needs Assessment Step 3: Identification of Priorities and Opportunities Outputs:  Evaluation of priorities and cross-cutting opportunities  Development of example benchmarks and indicators for programmes and projects  Identification of potential programmes and projects linked to priorities

Development of the Regional Programme (cont’d) Integration of 3 cross-cutting issues: Equality and non-discrimination, Participation and inclusion & Accountability and rule of law Desk-top studies using common check-list format for assessment of the baseline situation - testing for 6 priority countries Development of a draft concept for stakeholder consultation

Final Output Regional Programme identifying:  Objectives for the region  Methodology for country assessment  Priority countries  Potential projects  Timeline and general cost estimation

3. Country Prioritisation

Sub-Regions Five sub-regions based on differences in water problems and geographical, economic and political characteristics. Central Asia: water scarcity, similar level of development, South Caucasus: geographical characteristics (isolated and mountain areas; they share same river basins) SE Europe: post conflict areas and in line for eventual EU membership. Western CIS: EU neighbourhood policy, commitment to align with EU legislation EU member and candidate states: full or on-going approximation strategies with EU legislation.

Prioritisation Criteria Country selection based on: On-going or planned programmes and projects on water issues and/or human rights Prioritisation of WSS and/or human rights in the country Situation of the country in meeting the MDGs on WSS Potential for field testing methodologies in relation to particular water issues and human rights that could be exported to other countries or regions Feasibility and opportunity criteria to develop and implement concrete national projects in the future

Priority Countries 1st Priority Countries Bosnia-Herzegovina, Georgia, Moldova, Tajikistan, Turkey, Ukraine 2nd Priority Countries Azerbaijan, Kyrgyzstan, Serbia 3rd Priority Countries Armenia Belarus Cyprus Kazakhstan, Uzbekistan or Turkmenistan, Montenegro Serbia

4. Structure of the Regional Programme

Four Thematic Components Programme structured around 4 thematic components: Accessibility: accessibility covers physical accessibility and focuses primarily on the quality of the services provided Affordability: Water tariffs set at such a level that standard volume of water is provided at affordable prices (or free if necessary) to everyone, with special consideration to poor, marginalised and vulnerable groups Quality and quantity: water supplied should be safe and acceptable for all different uses. Balance among competing needs to be reached while giving priority to human consumption. Transboundary cooperation: cooperation between all countries sharing a watercourse necessary in to reconcile different and possibly conflicting interests and water needs of the states concerned.

Structure For each component, identification of the main opportunities for UNDP intervention in cooperation with potential partners, including: Priority actions reflecting the needs and priorities of the region Possible fields for the development of: mainstreaming activities and/or stand-alone actions/projects At regional, national and local levels

Priority actions on Accessibility The following priority actions have been identified: Avoiding negative impacts of WSS infrastructure and facilities design on vulnerable and marginalised groups Ensuring accessibility of vulnerable groups, including rural areas Prioritisation and targeting of vulnerable and marginalised groups in water policy including resource allocation Ensuring public participation of vulnerable and marginalised groups

Priority actions on Affordability The following priority actions have been identified: Ensuring equitable pricing policies and cross-subsidies Integrating affordability into planning for financing water services Ensuring affordability of services in WSS concessions Public participation Transparency and accountability (redress mechanisms and procurement)

Priority actions on Quality and Quantity The following priority actions have been identified: Prioritising water for domestic uses Managing the water resource base to ensure water quality and quantity Delivering water supplies safe for use Responding to climate change and natural disasters Public participation and transparency

Priority actions on Transboundary Cooperation The following priority actions have been identified: Facilitating transboundary cooperation on water resource management Enabling dialogue towards conflict resolution Public participation

Programme Phases & Cost Estimates 1st Phase: Mapping analysis and development of national programme –Duration: 5 months –Budget: USD100,000 per country (€65,000) 2nd Phase: Identification of relevant programme areas and specific projects –Duration: 4-6 months –Budget:USD 70,000 per country (€45,000) 3rd Phase: Procurement and contracting –Duration:3-6 months (depending on the scale and complexity of the project) 4th Phase: Implementation of projects –Duration:variable –Budget:variable but may range between USD 5,000 and 120,000 (€ 3,200 and 78,000).

5. Refining of the Draft Concept Working Group Discussion

General Questions for the Working Groups What are the opportunities and challenges for a regional programme for HRBA to WSS and Water Governance in the region? How coordination among donors at regional and national level could be improved? Do you think the components selected are adequate having regard to the commitment to apply HRBA to WSS and Water Governance in the region? Do you consider any other component that should be covered by the regional programme? Do you think the priority countries selected are adequate or should other countries be considered instead?

Questions related to specific component Do you think this component reflects the corresponding problems in the region? What other priority actions could be identified? What other mainstreaming opportunities for HRBA in relation to this component could be considered? What type of stand-alone projects could be considered? What opportunities for partnership with UNDP do you consider possible in this area? What indicators could be develop to select projects and assess progress in this area?