Bosnia and Herzegovina - HRBA to Water Governance desk review - June 2008

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edit  ·  Toolkit Human Rights-Based Approach (HRBA) to Water Governance
UNDP Regional HRBA to Water Programme for Europe & CIS

Detailed documentation: Background | Regional aspects | Regional Programme | Methodology
PHASE 1: Checklist (Bosnia and Herzegovina | Georgia | Moldova | Tajikistan | Turkey | Ukraine)
PHASE 2: Country Sector Assessments and Proposed Projects (Bosnia and Herzegovina | Tajikistan | Kosovo | Serbia) | Bibliography

Legal Framework: The Rights to Water and Sanitation in International Law | Regional Law | National Law
WaterWiki-resources:Rights to Water and Sanitation: A Handbook for Activists | UN Human Rights Council Resolution on Water and Sanitation | UN Recognises Access to Clean Water as a Basic Human Right | Human Rights-Based Approach | Applying a HRBA to Water:A Case Study | Water-related Legislation and Conventions | The Right to Water - WHO Publication | A UN Convention on the Right to Water - An Idea Whose Time Has Come | International Conference on the Right to Water and Sanitation in Theory and Practice | Q&A: The Right to Water | General Comment 15 (2002) | Q&A: Water Governance | Water and Health | Equitable Access to Water and Human Rights | European Union Water Framework Directive | Essay: What exactly is “The Right to Water”? | Protocol on Water and Health | Protocol on Water and Health/Q&A | Lessons Learned From Rights-Based Approaches in the Asia-Pacific Region | Human Rights-Based Approach Strategies adopted by UNICEF Laos | Utility Privatisation through the Lens of Human Rights | The Right to Water - From Concept to Implementation | The Human Right to Water:Translating Theory into Practice | Report of the Seminar on Human Rights and MDGs, May 2009
External resources: HRBA and Water Governance Fast Facts - UNDP | Applying a HRBA to Developing Cooperation and Programming (UNDP, 2006) | COHRE Manual on the Right to Water and Sanitation | Protocol on Water and Health - Full Document) | COHRE Monitoring Implementation of the Right to Water: A Framework for Developing Indicators | Sub-commission guidelines for the realisation of the right to drinking water and sanitation (2005) | UNFPA - A HRBA to Programming, Practical Implementation Manual and Training Materials (2010) | Operational Guidelines for Implementing a Rights-Based Approach in Water and Sanitation Programming (CoHRE,2008) | COHRE Monitoring Implementation of the Right to Water: A Framework for Developing Indicators | FAQs on a HRBA to Development Cooperation | The Human Rights-Based Approach to Development - The Right to Water | UN Independent Expert Report on the issue of human rights obligations related to water and sanitation 2009 | UN Independent Expert Report on MDGs and right to water and sanitation 2010
Websites: The Rights to Water and Sanitation Information Portal | UN Independent Expert on Right to Water and Sanitation Webpage

This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.

Checklist for Country Assessment
The checklist in this section is intended to systematize the way you conduct a baseline assessment in a specific country or region. It will help you to identify gaps in the regulatory and administrative structures of a country, as well as technical capacity needs. It should be underlined that the checklist is not exhaustive. It aims to ensure sufficient level of detail in order for you to make an informed assessment of the situation without being an excessively time and resources consuming.

A sample of the initial section of the checklist is provided below. To print or download the entire checklist, you may want to refer to this file:

Contents

Status of the main human rights conventions & other relevant instruments

This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.

Conventions

  • Universal Declaration of Human Rights: Ratified (...)
  • International Covenant on Economic, Social and Cultural Rights: Ratified 1993
  • Convention for the Rights of the Child: Ratified 1993
  • Convention on the Elimination of all forms of discrimination against Women: Ratified 1993
  • Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified 1993
  • International Convention on the elimination of all forms of racial discrimination: Ratified 1993

Regional Instruments (Europe)

Transboundary water courses agreements (if applicable)

Bilateral agreement with Croatia on Water Management Cooperation from 1996 Framework Agreement on the Sava River Basin. (Croatia; Slovakia; Bosnia and Herzegovina; Serbia and Montenegro) Basin: Sava Date of text: 03 December 2002. Type of text: Agreement Full text available (English): mul45452.pdf Source: FAO Water-lex available at: http://faolex.fao.org/waterlex/index.htm


Assessment of country context for effective implementation of a HRBA to water

This check list aims to facilitate the assessment of the enabling environment in the country as well as identify any socio-political issues in the country.



Priorities for human development in the country (development plan)

Bosnia and Herzegovina’s long-term vision is membership in the European Union. The Government and the EU have concluded negotiations for a Stabilization and Association Agreement (SAA), which had been initiated in November 2005. Signature of the agreement is conditional to further progress, including agreement on police reform. The agreement was initialed in December 2007. The Government is also working to integrate a vision for social and economic development into the Stabilization and Association process (SAP). The Government has prepared a Medium Term Development Strategy (MTDS) 2004-07, BiH’s PRS,[1] whose three goals are components of the emerging long-term development vision. The MTDS incorporates social and economic development components, laying the groundwork for sustainable and balanced economic development, poverty reduction and acceleration of EU integration. The Government is also preparing a National Development Plan to follow the MTDS to prepare for negotiations on EU accession. It is expected that the National Development Plan will build on the MTDS.[2] No progress is reported due to stalling in the political process.



Integration of WSS in the development plan

Very difficult to find information on the current status of the national development plan. PRSP can be source of some data.

Current level of achievement of the MDGs on WSS

See table below.

Support in the country for HRBA to Water Governance

The Constitution includes most of the principles of these human rights conventions and guarantees that they supersede national legislation. Although the conventions are directly applicable, implementation needs to improve. The EC considers Bosnia and Herzegovina to have made overall, only limited progress in improving the observance of international human rights law.[3] In 2007 the UNDP published its Human Development Report examining the topical issue of social inclusion. Here the HRBA is brought to the forefront as an important tool in the long term goal of social inclusion.[4] Social inclusion relates to vulnerable groups, which is a cross cutting issue in the HRBA, therefore the national focus on social inclusion may serve as a fundament for the launching of a HRBA.

Respect of rule of law in the country

The international community continues to maintain significant presence in the country on the basis of the Dayton/Paris Agreement. Authorities of Bosnia and Herzegovina have not demonstrated the capacity to take further political ownership and responsibility over reform. Due to the tense political situation and the lack of reform, the international community has continued to play an important role in facilitating reform and governance issues. [5]

Fight against corruption in the country

Ranks 84 out of 179 countries on the TI Corruption Perceptions Index.[6] According to recent inquires made by the EC, corruption is widespread and remains a serious problem. Strategies and action plans are in place, but they are not properly implemented. More vigorous investigation and prosecution is necessary. Bosnia and Herzegovina ratified the UN Convention on Fighting Corruption (Mérida Convention), although ratification of the Additional Protocol to the Criminal Law Convention is still pending. A National Anti-Corruption Strategy and action plan was adopted in 2006, but the implementation has not been satisfactory, due in part to a lack of resources. The second evaluation report adopted by the Council of Europe Group of States against Corruption (GRECO) in December 2006 underlined the need to enforce the legal framework and to improve coordination and training of the agencies involved in fighting corruption and seizure of the instruments and proceeds of crime. No action has been taken to improve anti-corruption legislation. No independent anti-corruption agency has been established. Convictions for corruption remain limited. Overall, Bosnia and Herzegovina has made limited progress in dealing with corruption.[7]

Minority and vulnerable and marginalised groups in the country with regard to access to WWS

Although the access to water through water supply system in BiH is generally satisfactory, the poor are in an inferior position in this aspect as well. Most of 20% of poor households are not connected to the public water supply systems, which holds true even for the poor in urban areas.[8]

Another marginalized group are the Roma population (Estimates of the number of Roma living in Bosnia and Herzegovina vary -- the most often quoted figure is of about 60,000 Roma out of population of over four million). Poverty rates for Roma range between four and ten times that of non-Roma, and Roma are subject to numerous livelihood insecurities (including poor education and health status, limited access to employment, and discrimination), which contribute to their high vulnerably and social exclusion.[9] This may make them more vulnerable in terms of access to WWS.

Any discriminatory practices identified and reasons for this

Unable to find any information.

Transboundary water courses/bodies problems

Bosnia and Herzegovina and Serbia have delimited most of their boundary, but sections along the Drina River remain in dispute; discussions continue with Croatia on several small disputed sections of the boundary related to maritime access that hinder final ratification of the 1999 border agreement.[10]

UNDP indicators of human development - vulnerability and poverty in the country

Bosnia and Herzegovina ranks 66th out of 177 countries included in the HDI in 2007, with a score of 0.803. This represents a modest increase compared to the 2006 score of 0.800. However, Bosnia and Herzegovina dropped in rank from 62nd in 2006, mainly because other countries made better progress. Broken down, Bosnia and Herzegovina ranks: 52nd in life expectancy; 31st in adult literacy; 106th in primary, secondary, and tertiary gross enrolment; and 83rd in BDP per capita.[11] UNDP estimates that 16 % of the population are living in poverty.[12] Analysis performed for the needs of the PRSP also pointed to close links between (dis) respect for human rights and poverty, level of education and poverty, gender equality and poverty, as well as to higher vulnerability of rural inhabitants and to differences in poverty levels between members of different ethnic groups in BiH. Due to the armed conflicts in BiH, the country’s water infrastructure is heavily damaged. Even before the war-related devastation occurred, water supply and sewage was not regulated.[13]

National resources (budget and programmes) – notice that according to UN, countries should spend 1% GDP for WSS

See changes after the introduction of the new Law on Water (in FBIH from 1.1.2008) which have altered the distribution of national resources.

Identification of programmes and projects in the country (national and international)

Water Quality Protection Project - under WB-GEF Strategic Partnership for Nutrient Reduction in the Danube River and Black Sea
WB, GEF
  • 2005-
  • GEF Project Grant 8,500,000 US$
  • Project's aim is to improve water quality in the Neretva drainage basin and Bosnia river basin through: (a) the development of a water quality management plan to be used as a guide for future water management decisions in each basin; (b) the establishment of a Joint Bosnian/Croatian Commission with coordination from Montenegro to implement the plan; and (c) the development and implementation of high priority, low cost water capital investments in sewage treatment to accompany the IDA operation.


Strengthening the Implementation Capacities for Nutrient Reduction and Transboundary Cooperation in the Danube River Basin (Tranche 2)
UNDP, GEF, EU
  • 2003-2006 (Phase 2)
  • Total: 25,118,000 (GEF 12,240,000; ICPDR 6,000,000; Governments/ NGOs / others 6,878,000)
  • The long-term development objective of the proposed Regional Project is to contribute to sustainable human development in the DRB and the wider Black Sea area through reinforcing the capacities of the participating countries in developing effective mechanisms for regional cooperation and coordination in order to ensure protection of international waters, sustainable management of natural resources and biodiversity.
Biodiversity Conservation in Livanjsko Polje (Bosnia and Herzegovina)
UNDP Bosnia and Herzegovina
  • 2005
  • USD 1,032,582.00
  • Conservation and sustainable use of polje ecosystems through the demonstration of conservation practices and techniques in the Livanjsko Polje.


Bijeljina Waste Water Collection System
EBRD
  • 2007
  • EUR 7.0 million
  • The project concerns a loan towards the cost of construction of the priority waste water collection network in the town of Bijeljina in order to prevent further pollution of underground water (aquifers) that are used as the source of potable water, thus reducing the health hazard for the town’s population.

Identification of relevant NGOs and service providers

See section 3 “Policy and legislation to implement a HRBA to water” under “competent authorities” for a list of national authorities who will be important stakeholders. Also see discussion paper for a broad description of the main stakeholders and their functions in the region as a whole. In order to be useful this section should be filled in during a country mission as it is difficult to make this kind of assessment through a desktop study. External partners have aligned their assistance with the MTDS and the SAP. The five major external partners are the EC, the World Bank, the US, Japan and Sweden, accounting for approximately 77 percent of gross ODA in 2003-04.

Main water users (linked to previous but useful to balance interests and prioritise access

Out of the freshwater withdrawal:

  • 60 % goes to agriculture;
  • 10 % to industry;
  • 30 % for domestic use.

Indicators (e.g., number of persons connected, development of disaggregate indicators)

  • Population size: 3.9million[14]
  • Population using “improved water source”: 97%[15]
  • Population using “improved sanitation”: 95%[16]
  • Urban population connected to centralized water supply systems: ...
  • Rural population connected to centralized water supply systems: ...

Figures taken from UNDP Human Development 2006 Report. Note these figures should be considered with caution as there are some differences in the data for “improved access” and specific figures on “access”. An illustrative example is the one above where it was found that over 90% of the population had access to improved water sources, yet some estimation indicate almost 40% of the water pumped do not meet the health criteria. The discrepancies in the data put to the fore, the difficulty in assessing the situation on the ground.

Infrastructure


Waste water treatment plants
No information | Nothing in place | Poor conditions | Adequate | Excellent

“At the outbreak of the civil war 1992-95, only seven municipal waste-water treatment plants were built and in operation. Except for one plant, the treatment included biological treatment. These plants treated waste water from about 484,000 inhabitants of a total population of about 4.4 million. During the war, five of the seven plants were closed due to war damage, stripping of equipment and installations, lack of maintenance or shortage of electricity. After the war all the plants were put into operation again, except the plants in Sarajevo and Trnovo, and a new treatment plant has been built in Srebrenik. The plants in operation today are, however, all very small, and more than 95% of the municipal waste water is discharged directly into water bodies without any kind of treatment.” [17]


Water infrastructures to convey water to urban areas
No information | Nothing in place | Poor conditions | Adequate | Excellent

Only 58% of the total population are connected to centralized water supply systems. Only 36% of the population is connected to centralized sewer systems. No disaggregate figures found. “The water infrastructure was severely damaged during the war, and even before the war the water supply systems suffered from a lack of investment and maintenance. So although it is estimated that 90% of the water-supply sector has been rehabilitated to its pre-war level, it still does not reach international standards. The quality of drinking water is on the whole mediocre, and for the nearly 50% of the population who do not have access to public water-supply systems the water quality is probably even more questionable.” [18]


Water infrastructure to convey water to rural or isolated areas
No information | Nothing in place | Poor conditions | Adequate | Excellent

Private wells
No information | Nothing in place | Poor conditions | Adequate | Excellent

“About half the population has access to public water-supply systems, mainly in urban areas. The rest of the population use private wells, small village water-supply systems or local systems which are not under national control. Water supply is mainly based on the use of groundwater (89%), 10.2% comes from rivers and 0.8% from natural lakes and artificial reservoirs.” [19]

Strategies and plans developed at national, regional or local level

The implementation plans should establish specific targets, indicators and time frames and identify the national and international resources available. They should be realistic in terms of resources available and timing (prioritisation is needed).


National strategy for equitable management and governance of water
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Regional/local action plans on water and sanitation
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Cooperation on transboundary waters
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Adaptation to climate change plans
No information | Non-existent | Poor (framework only) | Adequate | Excellent

With its accession to the United Nations Framework Convention on Climate Change in 2000, Bosnia and Herzegovina became eligible for GEF funding, and it is using the opportunity to request funds to help it implement this Convention and those to which it acceded subsequently. [20]


Water efficiency programmes and incentives
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Water infrastructure financing strategies
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Policy and legislation to implement a HRBA to water

This checklist is for evaluating the adequacy and completeness of the legislation in place in a given country for implementing a HRBA to water governance. The checklist asks whether the specific requirements have been adequately established in the national legal order. The check list follow the three main elements of the right to water established in the national legal order. The check list follow the three main elements of the right to water (accessibility, affordability, and water quality and availability), policy and legislation. Monitoring and enforcement are included in the next section.


Basic water management


A right to water and sanitation is formally recognized in the relevant laws/constitution
No information | Nothing in place | Poor | Adequate | Excellent

The Constitution of BiH includes the enumeration of the right to life (art. 3). The Constitution of the Federation of Bosnia and Herzegovina contains only one reference to environmental responsibilities: article 2 in part III states that both the Federation and the Cantons are responsible for environmental policy. The Constitution of Republika Srpska states that “everyone shall have the right to a healthy environment …[and] shall be bound, in accordance with the law and with his possibilities, to protect and improve the environment” (art. 35). It also notes that the entity “shall protect and encourage … the rational use of natural resources with a view to protecting and improving the quality of life and protecting and reviving the environment to the general benefit” (art. 64). [21]


Competent authorities and responsibilities clearly identified
No information | Nothing in place | Poor | Adequate | Excellent

To coordinate environmental matters at the State level the National Steering Committee for Environment and Sustainable Development was established in 2002 with broad participation from the State and the entities, Brčko District, nongovernmental stakeholders and independent experts. Its main purpose is to facilitate work on projects and international agreements. [22]

1. In the FBiH the Ministry of Physical Planning and Environment and the Ministry of Agriculture, Water Management and Forestry. The former comprises the Environment Sector. It has three departments: the Department of Ecology and Environmental Impact Assessment, the Department of Biodiversity and Natural Ecosystems Conservation, and the Department of Protection of Air, Water, Soil and of Waste Management. It has a total staff of only nine, including the Assistant Minister and the Heads of the three departments. 2. In Republika Srpska, the relevant institutions are the Ministry of Physical Planning, Civil Engineering and Ecology, and the Ministry of Agriculture, Forestry and Water Management. The larger municipalities have units for the control of construction, water and waste management and, more recently, environmental inspection. [23]



Accessibility


Prioritization for water access clearly established in legislation –differentiated by sector
No information | Nothing in place | Poor | Adequate | Excellent

Provision to extend WSS services to marginalised and vulnerable areas and groups
No information | Nothing in place | Poor | Adequate | Excellent

Access to traditional water sources in rural areas protected
No information | Nothing in place | Poor | Adequate | Excellent

Specific provisions on access to water in schools, hospitals, prisons and refugee camps
No information | Nothing in place | Poor | Adequate | Excellent

Affordability


Adequate regulatory system in place for private or public water and sanitation service providors - procurement and concession
No information | Nothing in place | Poor | Adequate | Excellent

Pricing policies transparent with flexibility and cross-subsidies –differences between different sectors
No information | Nothing in place | Poor | Adequate | Excellent

The price of water supply and waste-water discharges is far too low to cover the full costs, and the sector is either subsidized by the entities, cantons or municipalities, or it suffers from insufficient maintenance that will jeopardize the water-supply and waste-water systems in the long run. Due to the economic crisis and the poor service, there is, however, stiff resistance against increasing the tariffs. Illegal connections and inadequate systems for collecting the tariffs are also adding to this problem.[24] In the framework of the Strategic Action Programme to address pollution from land-based activities for the Mediterranean Sea (SAP MED) launched by the Global Environment Facility, a project component “Development and Implementation of Economic Instruments for a Sustainable Implementation of SAP MED” is being implemented in a number of Mediterranean countries. The pilot project suggests adapting the current charge system to one based on cost pricing and introducing measures to increase collection rates. The important part of the project is a proper evaluation of the costs of waste-water services incurred by the water utility and developing a waste-water tariff model on this basis. The lack of a metering system, insufficient data, low level of public awareness and the issue of affordability for the population are the main obstacles to introducing a new system of charges. Differentiated rates or subsidies for the poorest sections of the population may be necessary.[25]


Specific measures on disconnection to address poor and marginalised people concerns
No information | Nothing in place | Poor | Adequate | Excellent



Water quality and availability (resource allocation)


Water quality standards established and realistic
No information | Nothing in place | Poor | Adequate | Excellent

The Ministry of Health and Social Welfare is responsible for setting quality standards for drinking water and for controlling drinking water quality. Sanitary hygienic control of the quality drinking water, and control of water supply system is under responsibility of the Department of Health Inspection and Sanitary Control of the Ministry of Health and Social Welfare. In the municipalities, this is the responsibility of the health inspectorates of the departments of inspections. In 2003 Regulations on hygienic quality of drinking water (Standards on drinking water) (Official Gazette RS 40/2003), and Regulations on sanitary protection of watershed zones of drinking water (Official Gazette RS 7/2003) were approved. [26]


Priority substances identified and regulated (elimination)
No information | Nothing in place | Poor | Adequate | Excellent

Specific rules for drinking water catchments areas
No information | Nothing in place | Poor | Adequate | Excellent

Waste water treatment regulated in the legislation
No information | Nothing in place | Poor | Adequate | Excellent

Water discharges and extraction regulated in legislation (e.g., permits
No information | Nothing in place | Poor | Adequate | Excellent

Efforts to solve contradictions between the existing water permit regime and the new environmental legislation have been initiated. [27]


Standards setting a minimum amount of water for personal and domestic uses per person or household
No information | Nothing in place | Poor | Adequate | Excellent

Integrated water resource management approach followed in legislation
No information | Nothing in place | Poor | Adequate | Excellent

River basin management approach
No information | Nothing in place | Poor | Adequate | Excellent

The Law on Water Law sets the provisions for water protection planning and establishes the river basins and sub-basins.


Please use the space below to list the relevant laws and administrative regulations

Republika Srpska’s Law on Water Protection was adopted in 2002 (Official Gazette RS 53/2002). It establishes river basins (Danube and Adriatic Sea), river sub-basins (Una-Sana, Sava, Drina, Bosna, Vrbas and Trebišnjica) and parts of river sub-basins as the territorial basis for water protection, planning and implementation. The Law calls for the development of a minimum ten-year water protection strategy and protection plans for Republika Srpska, to be an integral part of the National Environmental Action Plan unless an inter-entity agreement states differently. The Law further stipulates that “water protection consent” is required before other permits (e.g. environmental, construction) will be issued, and it establishes an inspection system.

The Law on Water Protection of the Federation of Bosnia and Herzegovina (Official Gazette F BiH 33/2003) was adopted in 2003 and is almost identical. It, too, establishes a regime based on river basin district bodies (Danube and Adriatic Sea) and sub-basins (Una, Sana, Sava, Vrbas, Bosna, Drina, Trebišnjica, Neretva and Cetina). It calls for the adoption of a ten-year water protection strategy for the Federation, which may be part of the National Environmental Protection Programme, and it establishes consent and inspection systems.

Both Laws intend to ensure that water protection in Bosnia and Herzegovina is in line with EU policy, directives, regulations and standards. The Federation’s cantons also have water laws. In addition, the Federation’s Ministry of Agriculture, Water Management and Forestry is finalizing a new water act to address water management. In 1998 both entities also adopted Laws on Water, which address both water management and water protection, but they do not generally meet EU requirements.[28]

Administrative setup

The environment and water sectors are not expressly mentioned in the Constitution, neither in the competencies of the State of BiH nor in those of the Entities. However, according to Article III.3c, “all governmental functions and powers not expressly assigned by the Constitution to the institutions of BiH shall be those of the Entities”. Thus, the environment is under the competence of the Entities. It means that the Entities regulate environmental issues through their laws, regulations and standards. Water management is thus the responsibility of the entities (RS and FBiH).

In FBiH it is the Ministry of Agriculture, Water Management and Forestry, two public water management corporations for catchment areas, cantonal ministries of agriculture, water management and forestry, and the municipal authorities who are responsible for water management. The municipal and town councils are responsible for water supply, sewerage and treatment of wastewater. The municipalities are responsible for water supply and sewerage systems, while public utilities are under the responsibility of the Ministry of Regional Planning, Construction and the Environment.[29] The Federal Ministry of Physical Planning and Environment is responsible for preparation of the environmental policy and strategy-related documents, quality standards for air, water, and soil, environmental monitoring as well as supervision of relevant institutions from the environment sector. The Ministry of Agriculture, Water Management and Forestry is responsible for water strategy and policy, the issue of approvals and permits, setting of standards and regulations; and the maintaining of compliance with laws and regulations through licensing and inspections.[30] In the FBiH some competences are even devolved to the cantons.




Institutional and administrative structures and procedures

For legislation to be effective, adequate institutional and administrative structures and systems need to be in place to ensure that legal requirements are implemented and enforced. Evaluation of the adequacy of institutional and administrative structures needs a different approach towards the elements involved. A coordination structure that consists only of information exchange or that has been named on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an ad hoc basis would be considered “adequate”. A coordination structure that has the form of a committee or working group, has specific competences set forth in a regulation or memorandum of understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.


Institutional issues


Decision making body for taking policy decisions (a Ministry)
No information | Nothing in place | Poor | Adequate | Excellent

Structures for coordination among relevant government bodies
No information | Nothing in place | Poor | Adequate | Excellent

The matter of coordination and division of competences and institutional dysfunction was made more complicated with the passage of the new entity laws on protection of waters (in 2002 in RS and in 2003 in FBiH).The entity laws on protection of waters are not harmonized, particularly with regard to implementing institutions. [31]


Staff in the relevant Ministries assigned responsibility for water issues
No information | Nothing in place | Poor | Adequate | Excellent

Regulatory body at national or regional level (different from policy decision)
No information | Nothing in place | Poor | Adequate | Excellent

“Work is under way to study the feasibility of a State environmental protection agency. For this purpose, the State could draft a general (umbrella) environmental law and assess the capacity of the entities’ ministries and the State ministries so as to propose the most efficient way of establishing an environment agency, the division of work and responsibilities between the agency and other governmental institutions and the methods of cooperation at various levels.” [32]


River basin management authorities
No information | Nothing in place | Poor | Adequate | Excellent

Local authorities for service provision
No information | Nothing in place | Poor | Adequate | Excellent

Consultation bodies (national, regional or local) with equitable representation
No information | Nothing in place | Poor | Adequate | Excellent

Independent institutions in charge of monitoring the right to WSS (human right commission or regulatory agencies ensuring full transparency and accountability)
No information | Nothing in place | Poor | Adequate | Excellent

Administrative structures


Monitoring systems in place to spot water pollution and illegal abstractions (surface and groundwater)
No information | Nothing in place | Poor | Adequate | Excellent

The lack of efficient monitoring systems pose a particular problem to the conduct of EIAs as monitoring data are needed to conduct an EIA.[33]


Inspectorates or other structures for enforcement of basic requirements
No information | Nothing in place | Poor | Adequate | Excellent

Systems for regular reporting to Convention secretariats
No information | Nothing in place | Poor | Adequate | Excellent

Remains work in progress. Bosnia and Herzegovina’s reporting to the governing bodies of the applicable international environmental conventions is poor. The country intends to accede to the Aarhus Convention soon but it risks failing to meet the Convention’s explicit requirement to publish regular state-of-the environment reports.[34]


Bodies for cooperation on Transboundary water courses
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring & enforcement


Provisions to carry out monitoring of water status and de-pollution
No information | Nothing in place | Poor | Adequate | Excellent

Requirements to carry out inspections
No information | Nothing in place | Poor | Adequate | Excellent

Penalties for breaches of the legislation
No information | Nothing in place | Poor | Adequate | Excellent



Cross-cutting issues

Access to information & transparency


Provisions requiring authorities or private companies to disseminate information on water issues (pollution and polluters)
No information | Nothing in place | Poor | Adequate | Excellent

Provisions ensuring a right to access to information upon request on water information held by authorities or third parties
No information | Nothing in place | Poor | Adequate | Excellent

“The Law on Free Access to Information in Bosnia and Herzegovina was adopted in 2000 (Official Gazette BiH 28/2000). The entities adopted their own laws the following year. These three laws guarantee the right of free access to information and regulate the procedures for accessing information held by bodies in the central State administration as well as their duties to provide information. The laws stipulate that State bodies shall designate information officers. Fulfilment of this obligation is still in an early phase but some information officers have already been appointed and have started their work. For instance, canton Sarajevo published information about its information officer in the daily newsletter. In accordance with the laws, anyone who is dissatisfied with the decision of a public body on his or her request for information has the right to file a complaint in an administrative procedure. The laws provide for the possibility of turning to ombudsmen for information. The Human Rights Ombudsman was established in Bosnia and Herzegovina in accordance with the Dayton Peace Agreement and its responsibilities are defined in the Law on the Human Rights Ombudsman (Official Gazette of BiH 32/00 and 19/02). In addition, there are ombudsmen in the two entities. They all receive complaints and investigate them, no matter in which part of Bosnia and Herzegovina the issue may have occurred.”[35]


Systems for dissemination of information on water pollution (e.g., PRTR in place covering both intentional, unintentional & diffuse releases/transfers)
No information | Nothing in place | Poor | Adequate | Excellent

According to the Federation’s 1997 Law on Health Protection, the Public Health Institute’s environmental tasks include: monitoring the safety of drinking water, water supply, food and consumer goods; public-health-related microbiological activities; and monitoring and analysing environmental impact (air, soil, noise) on public health.[36]


Administrative systems for prompt responses to requests for information from the general public
No information | Nothing in place | Poor | Adequate | Excellent

“According to a recent survey by the local office of REC, 60% of the country’s NGOs considered that State agencies’ responses to requests for information required improvement. Slow administrative procedures and unskilled staff were mentioned as major concerns. Only 33% of NGOs indicated that responses were generally provided “in time,” and 27% stated that responses “never arrived.” Twenty per cent stated they had been denied information. Sixty-six per cent requested better access to regularly updated (weekly, biweekly and monthly) national water, waste, air and biodiversity data. Similar wishes were expressed regarding access to draft environmental laws and policy documents, contact information and decision-making procedures.”[37]


Guidelines on information held by authorities and how to request access to that information
No information | Nothing in place | Poor | Adequate | Excellent

The Ombudsman of Bosnia and Herzegovina also prepared a guide to good practices by civil servants. The guide states that civil servants should be “helpful, by simplifying procedures, forms and information on entitlements and services, maintaining proper records” and that they should “inform people how they can appeal, cooperating fully in any such appeal and being open to proposals for redress.” [38]


Secure data management systems to handle commercially sensitive information and personal data
No information | Nothing in place | Poor | Adequate | Excellent

Guidelines for authorities on how to apply commercial confidentiality requirements, including when to disclose because of public interest
No information | Nothing in place | Poor | Adequate | Excellent

Public participation


Non-discriminatory right of participation in decision-making process regarding to water (management, services, projects, installations
No information | Nothing in place | Poor | Adequate | Excellent

Environmental impact assessment legislation including water projects and public participation
No information | Nothing in place | Poor | Adequate | Excellent

Procedures for enabling public participation in decision making
river basin management plan; provision of water services; regulation and monitoring of service providers; infrastructure and development projects
No information | Nothing in place | Poor | Adequate | Excellent

Bosnia and Herzegovina have launched a national portal on the Aarhus Convention, as part of its preparation for ratification of the Convention. With the official Bosnian translation of the Convention and information on principle 10 of the Rio Declaration on Environment and Development and projects. In Bosnian.[39]

The new Laws on Environmental Protection require all steps of a formal environmental impact assessment, including early notification, screening and scoping, public participation, and access to information and decision-making. Some cantons in the Federation have adopted their own laws on environmental protection, physical planning and water, with provisions on EIA. These laws follow the general EIA requirements set out in the Laws on Environmental Protection. Some have also already adopted their own EIA regulations, raising the question of consistency between their legislation and that of the Federation. To ensure effective implementation, the cantons should await the entity’s EIA regulations. These will determine the activities subject to mandatory EIA and the competencies of the Federation’s and the cantons’ environmental authorities.[40]


Equitable representation of minorities and marginalised groups
No information | Nothing in place | Poor | Adequate | Excellent

This is the sixth National Human Development Report produced for Bosnia and Herzegovina, published in 2007 focused on measures to promote social inclusion.[41]

Accountability (including access to justice and Redressing mechanisms


Effective right to access to justice on water claims against government and/or private parties (pollution, failure to provide services and so on)
No information | Nothing in place | Poor | Adequate | Excellent

Effective legal remedies when access to information or public participation are denied
No information | Nothing in place | Poor | Adequate | Excellent

Judicial or administrative body to solve water claims
No information | Nothing in place | Poor | Adequate | Excellent

Arbitration mechanisms
No information | Nothing in place | Poor | Adequate | Excellent


Please use the space below to list the relevant laws and administrative regulations


Stakeholders capacity

This section is to be used for assessing the technical capacity of various stakeholders to implement a HRBA to WSS. The stakeholders have been divided into governmental officials at central level and local level; civil society, farmers and industry. It is intended to be a first step towards identifying needs for technical assistance, including training and investment in equipment and infrastructure.



Government officials at central level


Central/national laboratory for testing of chemicals in water
No information | Nothing in place | Poor | Adequate | Excellent

According to the latest UNECE Environmental Performance Review (2004), six laboratories had been authorized to check the discharge of pollutants into water. A central water-testing laboratory to meet the needs of the inspectorates and to supervise the operation of the authorized laboratories was being established. In addition it was reported that Most of the water supply enterprises had their own laboratories to control the main physical and chemical parameters of water samples taken from water distribution networks. Other water utilities contract the Institute for Health Protection to test water quality.[42]


Monitoring instruments for surface and groundwater
No information | Nothing in place | Poor | Adequate | Excellent

Initiative to set up a system of surface-water monitoring under the planned river basin authorities in the country. No information found to confirm implementation of this. [43]


Computers and internet access for all officials responsible for water management
No information | Nothing in place | Poor | Adequate | Excellent

Databases of information on chemicals and priority substances, polluters
No information | Nothing in place | Poor | Adequate | Excellent

Officials trained in HRBA (human rights standards) and water issues
No information | Nothing in place | Poor | Adequate | Excellent

Trained inspectorates and enforcement authorities
No information | Nothing in place | Poor | Adequate | Excellent

Government officials at regional & local levels


Regional and Local authorities trained on HRBA to WSS
No information | Nothing in place | Poor | Adequate | Excellent

Databases of information on chemicals and priority substances, polluters
No information | Nothing in place | Poor | Adequate | Excellent

Computers & internet access for local officials responsible for chemicals management
No information | Nothing in place | Poor | Adequate | Excellent

Local laboratories for testing drinking water
No information | Nothing in place | Poor | Adequate | Excellent

Transportation & communication equipment to enable monitoring/ inspection/enforcement
No information | Nothing in place | Poor | Adequate | Excellent

CSO, NGOs and others


Civil society aware of their rights and how to exercise them
No information | Nothing in place | Poor | Adequate | Excellent

“The public is not used to questioning or contributing to policy development. Civil society is insufficiently informed of opportunities and areas where it can make a difference.” [44]


Civil society organised and active (providing training, participating, advocacy activities)
No information | Nothing in place | Poor | Adequate | Excellent

“There are some 130 NGOs with a total membership of over 80,000 people in the REC database for Bosnia and Herzegovina. Nearly all these NGOs define themselves as grass-roots organizations or associations of environmental professionals. Most say environmental awareness raising and education are their main activities followed by nature protection and public participation. The majority of NGOs operate locally or regionally. Very few NGOs are involved in advocacy.” [45]


Computers with internet access
No information | Nothing in place | Poor | Adequate | Excellent

Information on low cost technologies
No information | Nothing in place | Poor | Adequate | Excellent

Water services providers


Low cost technologies
No information | Nothing in place | Poor | Adequate | Excellent

Water treatment technologies (primary, secondary)
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring equipment
No information | Nothing in place | Poor | Adequate | Excellent


Farmers & agricultural workers


Training on safe pesticide management, including waste management and access to information on alternative pest control methods
No information | Nothing in place | Poor | Adequate | Excellent

Awareness on impact of agricultural and farming practices in water (private wells)
No information | Nothing in place | Poor | Adequate | Excellent

Industry (including industry workers)


Training on impacts of industrial activities on water
No information | Nothing in place | Poor | Adequate | Excellent

Capacity (equipment, skills) to self-monitor releases of chemicals
No information | Nothing in place | Poor | Adequate | Excellent

Wastewater treatment in place
No information | Nothing in place | Poor | Adequate | Excellent

“Most of the industrial waste water was, like municipal waste water, discharged to the nearest watercourse with little or no treatment. For instance, there were 122 plants for the treatment of industrial waste water before the war, but only 40% of them worked properly. As many industrial plants have shut down and many others have reduced their capacity, the discharge of pollutants to air and water from industry has been substantially reduced and is today approximately 30-35% of its pre-war level. The big reduction in discharges of industrial waste water has led to a significant improvement in water quality. However, the industrial waste-water load is disproportionately high because there are few treatment facilities for industrial waste water in operation, and the negative pressure on water resources is still very high. When industry recovers from the setback caused by the war, river pollution will rapidly get worse unless waste-water treatment facilities are put in place.” [46]

Health practitioners


Doctors & other health workers trained to identify cases of water born diseases
No information | Nothing in place | Poor | Adequate | Excellent

Monitoring of health issues related to poor access to WSS and reporting
No information | Nothing in place | Poor | Adequate | Excellent

Computers with internet access / access to Internet-based health information
No information | Nothing in place | Poor | Adequate | Excellent

Awareness raising and education campaigns


Education programmes on water
No information | Nothing in place | Poor | Adequate | Excellent

Dissemination of technologies
No information | Nothing in place | Poor | Adequate | Excellent

Gender and marginalised groups problems addressed
No information | Nothing in place | Poor | Adequate | Excellent

Hygiene promotion campaign
No information | Nothing in place | Poor | Adequate | Excellent



International programmes

See above section #Identification of programmes and projects in the country (national and international)

References

  1. The process for adopting the MTDS was completed in March 2004.
  2. http://siteresources.worldbank.org/CDFINTRANET/Overview/21170887/BosniaandHerzegovinaFINALDecember222006.doc
  3. Bosnia and Herzegovina Progress Report COM(2007) 663 http://www.europa.ba/files/docs/publications/en/Bosnia_and_Herzegovina_2007_Progress_Report.pdf
  4. Bosnia and Herzegovina National Human Development Report 2007 http://hdr.undp.org/en/reports/nationalreports/europethecis/bosniahercegovina/bosnia_and_hercegovina_2007_en.pdf
  5. http://www.europa.ba/files/docs/publications/en/Bosnia_and_Herzegovina_2007_Progress_Report.pdf
  6. Transparency International Corruption Perceptions Index 2007, http://www.transparency.org/policy_research/surveys_indices/cpi/2007
  7. Bosnia and Herzegovina Progress Report COM(2007) 663 http://www.europa.ba/files/docs/publications/en/Bosnia_and_Herzegovina_2007_Progress_Report.pdf
  8. http://siteresources.worldbank.org/INTPRS1/Resources/Country-Papers-and-JSAs/bosnia_prsp.pdf
  9. For more information on the Roma population go to http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/EXTROMA/0,,menuPK:615993~pagePK:64168427~piPK:64168435~d:y~theSitePK:615987,00.html
  10. https://www.cia.gov/library/publications/the-world-factbook/geos/bk.html
  11. http://www.undp.ba/index.aspx?PID=7&RID=442
  12. http://www.undp.ba/index.aspx?PID=31
  13. http://hdr.undp.org/en/reports/nationalreports/europethecis/bosniahercegovina/bosnia_and_herzegovina_2003_en.pdf
  14. http://hdrstats.undp.org/countries/data_sheets/cty_ds_BIH.html
  15. http://hdrstats.undp.org/countries/data_sheets/cty_ds_BIH.html
  16. http://hdrstats.undp.org/countries/data_sheets/cty_ds_BIH.html
  17. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  18. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  19. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  20. http://aarhusclearinghouse.unece.org/resources.cfm?c=1000037
  21. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  22. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  23. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  24. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  25. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  26. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  27. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  28. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  29. World Bank PRSP document 2004-2007, p. 191, http://siteresources.worldbank.org/INTPRS1/Resources/Country-Papers-and-JSAs/bosnia_prsp.pdf
  30. EC Environmental Report, 2005, http://www.europa.ba/files/docs/publications/bh/FunkcPreg/okolina/Environm-engFinalReport.pdf
  31. http://siteresources.worldbank.org/INTPRS1/Resources/Country-Papers-and-JSAs/bosnia_prsp.pdf
  32. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  33. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  34. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  35. UNECE, Environmental Committee, Environmental Impact Report, 2004, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  36. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  37. UNECE, Environmental Performance Review, 2004, available at http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  38. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  39. http://aarhusclearinghouse.unece.org/resources.cfm?c=1000037
  40. UNECE, Environmental Performance Review, 2004, available at http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  41. http://europeandcis.undp.org/home/show/3A267191-F203-1EE9-BD4021C92B3F704A
  42. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  43. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  44. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  45. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf
  46. UNECE Environmental Performance Review, http://www.unece.org/env/epr/epr_studies/bosnia_and_herzegovina.pdf

See also

External Resources

Attachments

 Template Check List for Country Assessment.doc

 Country Assessment.Moldova.June2008.pdf

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