Georgia - 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

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 (1994)
  • International Covenant on Economic, Social and Cultural Rights: Ratified (1994)
  • Convention for the Rights of the Child: Ratified (1994)
  • Convention on the Elimination of all forms of discrimination against Women: Ratified (1994)
  • Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified (1994)
  • International Convention on the elimination of all forms of racial discrimination: Ratified (1994)

Regional Instruments (Europe)

Transboundary water courses agreements (if applicable)

Several trilateral water management projects for the Kura-Arak river basin have been initiated with support from UNDP, Tacis and USAid.

Georgia has not signed nor ratified the UNECE Convention of the Protection and Use of Transboundary Watercourses and International Lakes, nor has it signed the CIS Agreement on rational management and protection of transboundary waterbodies which to a large extent is based on provisions from the UNECE Water Convention (Preamble of the Agreement). (Armenia; Azerbaijan; Belarus; Georgia; Kazakhstan; Kyrgyzstan; Moldova, Republic of; Russian Federation; Tajikistan; Turkmenistan; Ukraine; Uzbekistan) Date of text: 11 September 1998. Entry into force notes: The Agreement entered into force for Belarus, Tajikistan and the Russian Federation on 6 June 2002. (source FAO Waterlex, 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)

The Government of Georgia has set out the following two goals as priorities for the years 2008-2012:

  • Wellbeing of the population – Georgia without poverty.
  • Ensuring national security and complete territorial and civil reintegration

[1]

Integration of WSS in the development plan

Current Policy of the Government of Georgia: One of the priorities set out in the priorities for the Government of Georgia is the reduction of poverty and improvement of wellbeing of the population, to this end the government has declared it will allocate 1/3 of the budget towards the social programs and furthermore that this indicator will be firmly maintained during the next 5 years. Effectiveness of expenditure and its goal-orientation will be increased. The practice of extending “plain” aid without any definite address will be substituted by the principle of goal-directed help. Consolidation of the society is also foreseen to take place.

[2]


Support in the country for HRBA to Water Governance

  • New legislation on water is under preparation, no indication of whether HRBA will be adopted.

[3]

  • Strengthening Transboundary Cooperation and Community Involvement for Sustainable Water Resources Management. The project is being implemented within the framework of the South Caucasus Water Program run by PA consulting Group and funded by USAID. [4]
  • Attempts to develop a city-specific strategy in Tiblisi for the achievement of the Millennium Development Goals. [5]

Current level of achievement of the MDGs on WSS

...


Respect of rule of law in the country

Throughout the state apparatus of Georgia there is an incomplete separation of powers resulting in inadequate conditions to ensure fulfilment of international standards regarding rule of law. [6]

Fight against corruption in the country

The government adopted a new action plan as a part of the national anti-corruption strategy in May 2007 with a clear emphasis on transparency of public finances and harmonization with international norms.[7] Georgia has however, not yet signed the UN Convention against corruption. Georgia ranks 130/159 on the Corruption Perception Index.[8]

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

A recent report made by the OECD indicates that around 80% of the urban population has access to centralized water supply.[9] This matches estimations made by UNDP. UNDP numbers also indicate only 15.7% of the rural population is centrally supplied with drinking water.[10] Therefore, rural areas are vulnerable areas where the level of drinking water supply is very low.

Sanitary conditions in jails, orphans, psychiatric hospitals are poor, especially in relation to water supply and sanitation. Several cases were reported by the Ombusdman services.[11]

Any discriminatory practices identified and reasons for this

No information available.

Main water issues

The European Environmental Agency (EEA) has reported that up to 90% of nitrogen and phosphorus discharges into the Black and Caspian Seas originate from riverine inputs, which mostly transport municipal wastewaters. Both seas have been found in alarming environmental stress. Significant eutrophication problems in both seas.

Transboundary water courses/bodies problems

The importance of the Kura river basin for Georgia and its neighbours continues to be a critical regional issue. [12]

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

Georgia ranks 96 out of 176 countries on the UNDP Human Development Index. [13]

National Human Development Report: In September 2007, UNDP initiated the National Human Development Report 2007 "Reforms in Georgia." The document will focus on the ongoing reforms and their impact on people's lives. The report will not be launched before May 2008. As soon as published, the electronic version will be available at the UNDP Georgia website: www.undp.org.ge

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

Public protests in 2007 prompted the government to revise its spending priorities, allocating more money to social programmes, salaries and pensions. Overall, the defence spending was cut to about 19% of total expenditures. Efforts are now focused on public services, delivery and public institutions.[14] Specific information on how much money is spent on WSS from budget not found.

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

Control of eutrophication, hazardous substances and related measures for rehabilitating the Black Sea ecosystem (Tranche II) (GEF-IW FSP)
GEF, UNDP (Implementing Agency), UNOPS (Executing Agency)
  • Grant total USD 11,332,106
  • 2004-2007
  • The project (BSERP) supports regional aspects of nutrient control in the Black Sea coastal countries. It also aims to strengthen the role of the Black Sea Commission to ensure the formulation, adoption, and implementation of a suite of harmonized legal and policy instruments for tackling the problem of eutrophication and release of certain hazardous substances; and to facilitate ecosystem recovery, including through sustainable use of living marine resources.
Reducing Trans-boundary Degradation of the Kura-Aras River Basin –PDF phase
  • 2004-2007
  • The overall objective of the Programme is that the quality and quantity of the water throughout the Kura-Aras river system meets the short and long-term needs of the ecosystem and of the communities using the ecosystem. Related to this, a second objective is to reduce pollution in the Caspian Sea. The immediate objectives of the programme are: to foster regional co-operation; to increase national and regional capacity to address water quality and quantity problems; and to promote changes in the economic sectors causing pollution, water shortages and habitat degradation.
Reducing Trans-boundary Degradation of the Kura-Aras River Basin The project UNDP Regional component
UNDP /Bratislava, Environment Governance programme
  • This project component is an integral part of the UNDP/GEF Project entitled "Reducing Trans-boundary Degradation of the Kura-Aras River Basin", focusing on i) Public involvement and Stakeholder Participation, ii) Community-based demonstration projects, and iii) Integration of transboundary aquifer aspects into the project activities.


Reducing Trans-boundary Degradation of the Kura-Aras River Basin / SIDA-Component
UNDP (implemented through UNDP Georgia CO), SIDA
  • USD 690,000
  • 2003 - 2005
  • Sub-component of the UNDP/GEF umbrella project "Reducing Transboundary Degradation in the Kura/Aras River Basin"
Joint Management of the Kura-Aras River Basin
UNDP (ENVSEC Partnership)
  • USD 120,000
  • March-Dec 2007
  • Fostering Dialogue between Riparian States for Development and Establishment of Initial Legal and Institutional Frameworks for Increased Cooperation and Joint Management of the Kura-Aras River Basin
Towards transboundary cooperation in the Kura-Aras River Basin (ENVSEC)
GEF
  • USD 148,000.00
  • 2007-2008
  • In coordination with the UNDP-GEF Kura-Aras River Basin Project, the project will explore with the countries possible options for development and establishment of legal and institutional frameworks for the joint management of the natural resources of the basin. Specifically the project will assist the countries to develop a preliminary legal and institutional framework for coordination of regional action for the protection of the Kura-Aras basin environment. It is hoped that this project provide the basis for future negotiations, supported by the GEF and other donors, for a lasting agreement and institution structure.
NATO Science for Peace Program SfP 977911 - South Caucassus River Monitoring
NATO / OSCE
  • To establish the social and technical infrastructure for an international, cooperative

Increase technical capabilities (monitoring, analytical and communications) among partner countries Cooperatively establish standard sampling, analysis and data management techniques for all partner countries Establish data, GIS and model sharing system accessible to all partners via WWW Establish social framework (i.e., annual international meetings) for whole-watershed management.

Kobuleti Water
EBRD
  • EUR 1.5 million
  • 2007
  • The objective is to rehabilitate water supply and wastewater treatment services in Kobuleti through an investment program comprising investments to rehabilitate the water network as well as to upgrade the wastewater services. The project will install meters to all customers and will include a financial operational performance improvement programme for the company as well as support to the city.
Tbilisi water supply improvement project
EBRD
  • EUR 15.0 million
  • 2007
  • Improving water services
Kutaisi Water Project
EBRD
  • EUR 11 million
  • 2006
  • Rehabilitate well fields, transmission pumping stations and the water supply network; install water meters for 100 percent of households and assist the Company to improve its financial and operational performance.
Poti Water Supply Project
The Poti Water and Wastewater Company, ERDB
  • EUR 3.5 million
  • 2006
  • Finance improvements in the municipal water supply system by extending is pipeline to a more reliable source. The objective of the project is to enable the City water municipal Company to provide a 24/7 service to Poti inhabitants.
Environmental Collaboration for the Black Sea (Tacis)
EuropeAid
  • EUR 2,200,000.00
  • 2006-2009
  • The overall objective of the project is to contribute to the sustainable development of the Black Sea Basin by the prevention and reduction of input of pollutants and by the sustainable management and/or protection of natural resources.
Water Investment Support Facility (Tacis)
EuropeAid
  • EUR 2,699,100
  • 2005-2008
  • The overall objective of the project is to improve access to safe drinking water and adequate water services, as well as strengthening water governance and reducing water pollution.

The specific objective is to provide consultancy services in order to facilitate project finance in the WS&S and IWRM sectors, by means of supporting project preparation on request by IFIs.


Environmental Training for Financial Intermediaries
European Bank for Reconstruction and Development (EBRD)
  • EUR 590,000
  • 2005-2006
  • Technical Assistance


Water Governance in the Western EECCA countries (Tacis)
EuropeAid
  • EUR 2.088.740,00
  • 2008-2010
  • The Overall Objective of this action in the region is to contribute to the reduction of pollution, to fair sharing and effective use of scarce water resources, to the improvement of the quality of shared water resources, such as trans-boundary rivers.

The specific objective is to have water legislation improved, implemented and enforced, approaching EU standards. Further to ensure fair distribution of water from resources available between beneficiary countries and consumers.


Support to the reform of the Ministry of Justice
EuropeAid
  • EUR 1.496.200, 00
  • 2005-2007
Establishment of a Centre for European Studies at Tbilisi State University Georgia – Tbilisi and regions
EuropeAid
  • EUR 999.700,00
  • 2005-2008
  • To contribute to the democratic process of Georgia.
GEII - Georgia Employment and Infrastructure Initiative
USAid
  • 2004-2009
  • The goal of the five-year Georgia Employment and Infrastructure Initiative (GEII) is to improve essential infrastructure services and generate income for an economically, socially, and democratically empowered citizenry in Georgia.
The South Caucasus Water Program
USAid implemented by PA Consulting Group
  • The program seeks to increase regional cooperation among Georgia, Armenia, and Azerbaijan in the management of shared water resources. Activities will concentrate two trans-boundary river basins: the Alazani River sub-basin between Georgia and Azerbaijan and the Khrami-Debed River sub-basin between Georgia and Armenia. The project will assist the countries to strengthen trans-boundary river basin management, develop the scientific and analytical capacity needed to turn data into information and promote its use for management, and involve civil society in monitoring and achieving lasting results.
Study on the Opportunities of Georgia’s Water Supply Sector Strategy, Regulation and Private Sector Participation
World Bank
  • Project was finalized in October 2004. The project conducted in-depth research of the water supply and sewage systems encompassing legislative, institutional, financial, managerial, human resource and sociological surveys, stocktaking as well as provisional analysis and recommendations on how to address the challenges.
Assistance to the Government of Georgia in Realisation of National Financing Strategy in the Urban Water Supply
OECD
  • The scope of the project included: conducting an analysis of the current situation; assessing the technical conditions of the water supply and sewage systems; conducting opinion surveys; evaluating financial conditions; studying tariff issues; surveying water supply companies; elaborating different scenarios, as well as analysis and recommendations.
  • Other important initiatives include: a joint project with German KfW to assess the Batumi water supply and sewage systems and negotiations with the Japanese International Cooperation Agency (JICA) on several projects to facilitate the development of water supply and sewage systems. [15]
  • Danube – Black Sea Task Force (DABLAS), two of the 50 top priorities concern Georgia (the Kobuleti, final stage of approval; Bojomi-Bakhurani, pre-feasibility stage).[16]
  • EUWI - a national policy dialogue is currently being considered. [17]

Identification of key stakeholders for the implementation of a HRBA to water

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.

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

Main water users (linked to previous but useful to balance interests and prioritise access)
According to recent statistics from OECD [18], out of the total population 52.2% live in urban areas.Figures relating to freshwater withdrawal show that 20%/ is for domestic, 21% for industrial and 59% for agricultural purposes.[19]

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

  • Population size: 4.5 [20]
  • Population using “improved water source”: 82% [21]
  • Population using “improved sanitation”: 94% [22]
  • Urban population connected to centralized water supply systems: 84% [23]
  • Rural population connected to centralized water supply systems: 15.7% [24]

Figures taken from UNDP Human Development 2007/2008 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

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

The condition of the infrastructure has continued to deteriorate, due to insufficient maintenance – more than 60% of the infrastructure is totally depreciated, approx. double the figure considered acceptable internationally [25]


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

Water infrastructure coverage
No information | Nothing in place | Poor conditions | Adequate | Excellent

Urban water supply systems are currently under repair-rehabilitation, including Tbilisi, Batumi, Poti, other small municipalities.


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

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

A water governance reform is forseen. [26]
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

No significant empowerment of local authorities in practice. The government maintains strict control over self-governing units and there seems to have been limited efforts to improve administrative and planning capacity at the local level. Efforts to improve the legislative framework regarding local governance has been made in cooperation with the CoE, including a draft decentralisation strategy and a work programme for better local self-governance. [27]


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

These developments are very recent and just starting to take place. Georgia has not signed nor ratified the UNECE Convention of the Protection and Use of Transboundary Watercourses and International Lakes and for eg. as noted above the importance of the Kura river basin for Georgia and its neighbours continues to be a critical regional issue. [28]


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

Georgia has made progress on climate change. The country is preparing a second national communication that among others include greenhouse gas inventories, vulnerability studies and development of adaptation and mitigation measures and strategies. Several donor-financed projects support mitigation measures through promoting renewable energies. In addition, so far, one clean development mechanism (CDM) has been prepared and has been registered at UN level, while others are in the phase of elaboration [29] Additionally, the European Union through its TACIS programme renders technical assistance to the Government of Georgia for introducing the Clean Development Mechanism, which will foster the implementation of the framework for the Climate Change Convention. Uncertain whether or not these programmes include measures on adaptation.



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 [30] | Excellent

Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
  • ...
  • ...
  • ...

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

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

During the 1990 responsibility for water was decentralized in many EECCA countries. Overall, very little information available. [31]

Accessibility


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

In 2007,an amendment was made to Law on Georgian National Energy Regulatory Commission (GNERG) and GNERC became a National Energy and Water Regulatory Commission. Starting 2008, the commission together with energy tariffs will set water supply and sewerage tariffs. In the long-run it might also take over water licensing functions.


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

A recent report made by the OECD indicates that around 80% of the urban population has access to centralized water supply. This matches estimations made by UNDP. However, UNDP numbers also indicate only 15.7% of the rural population is centrally supplied with drinking water. [32]


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

The legal framework for private sector participation is limited. The existing concession law only refers to natural resource concessions but there is no general regime of public-service concession contracts in Georgia and no special concession law, applicable to public services. There is no provision in Georgian law to delegate the WSS service responsibility to a private company, but at the same time it is not prohibited. Tbilisi Water Supply system together with Mtskheta WSS and Gardabani WWT facility was privatized and Swiss company Multiplex Solutions became an owner of these assets for USD 85 million. [33]


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

Regulation of tariffs for public or utility services. The LLSGG (law on local-governance) allows for local authorities to set the tariffs but provides no rules or guidance on how. In practice the WSS company proposes a tariff to the Sakrebulo (s a representative body in the cities) which takes the a decision. Currently a per capita tariff is charged for private households and a m3-tariff for commercial and institutional customers. [34]


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

Drinking water quality standards are set by the Ministry of Labor, Health and Social Protection.[35] Standards are stipulated in the Hygiene Requirements for Drinking Water Quality. These Standards are excessively detailed, while monitoring is limited to a short list of basic parameters. [36]


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

Legislative documents regulating services provision W&WW utilities provide services based on the agreement, format of which is recommended in the following regulations: - Rules of water and wastewater services provision; (Order No. 81 of the Ministry of Municipal Economy and Construction of Georgia of 21 October 1998, agreed with the Ministry of Health of Georgia, the Ministry of Environment and with Fire Protection Service of the Ministry of Internal Affairs of Georgia) - Technical Specifications for wastewater discharges to sewerage by industrial enterprises; (Order No. 05 of the Ministry of Municipal Economy and Construction of Georgia of 9 January 1999, agreed with the Ministry of Health of Georgia and with the Ministry of Nature Protection and Environment). The agreements stipulate mutual obligations and sanctions. The issues not envisioned in the agreements are settled according to the acting national legislation. Officially in Georgia the rules of W&WW services provision are the same for all consumers and there are no privileged consumer categories. [37]



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

There are basic regulations on water discharges and extractions, permitting and liscencing system is in place. It should be noted that permits for water withdrawal have been recently repealed.

  • Rules of technical operation of water and wastewater systems in settlements of Georgia,

valid since 1 April 2001 (Order of the Ministry of Urbanization and Construction of Georgia No. 70 of 25 December 2001 agreed with the Chief Sanitary Doctor of Georgia, Ministry of Environment and registered by the Ministry of Justice of Georgia).

  • Rules of use of communal water and wastewater systems (Order of the Ministry of Urbanization

and Construction of Georgia No. 81 of 21 October 1998)

  • Technical conditions of wastewater discharge to sewerage by industrial enterprises

(Order of the Ministry of Urbanization and Construction of Georgia No. 05 of 9 February 1998)

  • Water Law of Georgia. [38]



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



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



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

It should be noted that political instability along with frequent changes in the Government members is a major obstacle to efficient decision-making and contribute to the weakening of ministries, this being particularly true in relation to the Ministry of Environment.


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

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

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

The public defender (Ombudsman) status is defined in the 1995 Constitution. The Ombudsman is mainly responsible for monitoring human rights and report annually to the Parliament.

Administrative structures


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

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

The Inspectorate is responsible for the chemical and microbiological safety of drinking water, maintains its monitoring program at water intakes and throughout distribution systems, where samples are taken from fixed sites in accordance with specified schedules. There are 64 laboratories (chemical and bacteriological) in the 67 units of the State Sanitary Supervision Inspectorates, out of which 53 laboratories are functioning. Most of the laboratories are located in badly maintained buildings that are not suitable for quality laboratory analysis - neither chemical nor microbiological. Much of the equipment and apparatus are old and worn out – 10 regional laboratories have extreme equipment shortage, the rest have just enough for low level functioning. Only the laboratories in Rustavi, Gori, Zugdidi, Tkibuli, Poti and Chiatura can do some kind of basic research work. Chemicals are often outdated. Electricity interruptions often occur. [39]


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

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

New laws on environmental enforcement that support the development of better strategies and clarify responsibilities and powers in this field were enacted in Armenia, Georgia, and Kazakhstan. New inspectorates were established in Georgia. There is a moratorium on planned inspection of industrial sites in Georgia in 2006-2007. [40]


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

Some EECCA countries (Armenia, Georgia, and Russia) claim to have achieved better compliance due to higher fines (although their stringency is undermined by a low detection rate of violations and, in some cases, low collection rates). Authorities have become more open to dialogue with the regulated community during the law-making process and inform regulatees about legal developments, but compliance assistance still lacks institutionalised mechanisms. [41]


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

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

‘NGOs have complained about the lack of participation in the decision-making process related to the improvement of the Tbilisi Water Supply Infrastructure. [42]


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

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

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

EIA process in Georgia is implemented through the national legislation. Namely, The Law of Georgia on Licenses and Permits establishes the permit for impact on the environment for activities imposing significant risks on human life or health, relate to especially important state or public interests or connect to use of country resources. [43] Good examples of our bottom-up approach are the Public Environmental Information Centers (PEIC) in Bolnisi and Bakuriani (Georgia). Overall however, public participation is limited due to the dispersion of responisibilites between different departments within the Ministries, communication and limited human resources allocated.

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

Some reports on the state-of-the environment have been produced. Access to environment information, as well as participation of the public in decisions concerning the environment is limited. Since the entry into force of the Aarhus Convention in 2001, the Georgian Government, Ministry of Environment and Natural Resources Protection has created a pilot project at national level to create an electronic information system to address this issue. Public projects are exempted from environmental impact assessment procedures. [44]


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

Kura-Aras NGO forum & public involvement compound project is designed to enhance support for the public participation in environmental governance component of the GEF PDF-B project Reducing Trans-boundary Degradation of the Kura-Aras River Basin. For more detailed information on EIA procedures in Georgia consult the 2008 report of the Aarhus Centre Georgia available at http://www.aarhus.dsl.ge/files/320_690_243806_EIAstudy_ENG.pdf



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

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

As regards to improving access to justice and legal aid, a law was adopted in June 2007. Branches of state legal aid service were opened in most regions by end of 2007. Public awareness of its existence is still however weak and further efforts must be made to encourage citizens to make use of its resources. [45]


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

Law on Water (1997) The Law regulates the protection and rational use of water resources. It includes the licensing process for abstraction of groundwater, use of surface water, discharge of effluent water, and for the uses of bodies of water e.g. recreation). The licensing with respect to water bodies of “state importance” is carried out by the Min. of Environment Protection and Natural Recourses for water bodies of “local importance” by the local authorities. The fee for raw water to be paid by the licensees is split into a one-time license fee and a volumetric fee paid on monthly basis. In the case of wastewater discharges the variable fee, the monthly environmental pollution tax, is calculated according to type of pollutant, pollution load, and characteristics of the receiving body of water.

The Law of Georgia on Service of Environment Protection defines the status, responsibilities and obligations of the Service of Environment Protection (former Inspectorate of Environment Protection) in the process of implementation of state environmental control and inspecting. However, although the law is in force since January 1st 2008, reorganization of the Service of Environment Protection on the basis of which should have been formed the Service of Environment Protection which is required by this law, is postponed until January 1st 2009.

Procedures of the permit for impact on the environment are defined by The Law of Georgia on Permit for Impact on the Environment. The law regulates activities posing significant risk to human life or health and subject to mandatory ecological expertise. The law establishes the full list of such activities; defines procedures of permit issuance, environmental impact assessment, public participation, public hearings, list of documentation needed for obtaining permit, and other. The law repealed the former sub-legal document defining EIA steps and compulsory issues having to be covered by EIA report. Namely, the ordinance № 59 of the minister of environment protection and natural resources of Georgia on legalization of the statute on environmental impact assessment and the enclosed instruction on trunk pipeline projects, May 16, 2002.5 New regulation “on environmental impact”, that should have been adopted by January 1st 2008, has not yet been issued.

The Law of Georgia on Ecological Expertise sets general principles of ecological expertise, rules for carrying out expertise, rules for designating independent experts etc.

The General Administrative Code of Georgia establishes the rules of common administrative proceeding, which is the established procedure for issuance of the permit for impact on the environment according to the law of licenses and permits.



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

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

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

Most of the settlements of Georgia receive water with interruptions. There is no accurate registration of water produced and consumed. The situation is worsened by a lack of laboratory water control, which means that supplied water often does not comply with Gosstandart (State Standards) or sanitary and epidemiological requirements. Before 1990-1992 all municipal water supply utilities, as well as some (centralized) water supply utilities in rural area had own laboratory for drinking water quality control. Most of the laboratories (more than 50%) are out of order because of lack of finances, equipment. Most of the remaining ones operate at a very limited capacity. In some places they are assisted in their duties by the laboratories under the authority of the State Sanitary Supervision Inspectorate. [46]


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

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

See especially the work of the Caucasus Environmental NGO Network http://www.cenn.org/


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

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

The mandate of the government commission on gender equality was renewed and an action plan on gender equality has been adopted for 2007-2009. However, while the Constitution provides for equality, women’s participation in political life remains low, with only 9.5% women represented in Parliament. The government has also taken steps to ensure the rights of national minorities, through the implementation of a civic integration programme, investments in road and infrastructure in regions and offering trainings in public administration to persons belonging to minorities.[47] However, the situation remains preoccupying for a number of national minorities, in particular Roma. [48]


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



National (and local) budget sufficiently addresses WSS issues

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. Source: Government of Georgia webpage, http://www.government.gov.ge/eng/mtavroba1172571820.php
  2. Source:Government of Georgia webpage, http://www.government.gov.ge/eng/mtavroba1172571820.php
  3. SEC (2008) ‘Implementation of the ENP in 2007’, Progress Report Georgia, available at http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  4. For more information: http://water.cenn.org/
  5. Source:UNDP CT, http://www.ungeorgia.ge/userfiles/files/Rep.Eng.pdf ; http://undp.org.ge/new/files/24_169_128789_MDGTbilisi-eng-small.pdf
  6. http://ec.europa.eu/europeaid/where/neighbourhood/regional-cooperation/enpi-east/documents/annual_programmes/georgia_tacis_ap_2006_project_fiche_rule_of_law_en.pdf
  7. http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  8. http://doingbusiness.csera.org/georgia/businessenvironment/ti.htm
  9. http://www.oecd.org/dataoecd/36/10/39174956.pdf
  10. http://undp.org.ge/new/index.php?lang_id=ENG&sec_id=65
  11. http://ombudsman.ge/index.php?section=1&lang_id=ENG
  12. Environmental Performance Review, http://unece.org/env/epr/epr_studies/georgia.pdf
  13. To see full 2007 fact sheet go to http://hdrstats.undp.org/countries/country_fact_sheets/cty_fs_GEO.html
  14. http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  15. http://www.kfw-entwicklungsbank.de/EN_Home/Countries_and_Projects/Europe42/Georgia29/EPKD_21254_EN_Rehabilitierung_von_Einrichtungen_der_kommunalen_Infrastruktur.pdf
  16. http://ec.europa.eu/environment/enlarg/dablas/news_en.htm
  17. Source: SEC (2008) ‘Implementation of the ENP in 2007’, Progress Report Georgia, available at http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  18. OECD, EAP Task Force, ‘ Financing water supply and sanitation in EECCA countries and progress in achieving the water-related MDGs’, http://www.oecd.org/dataoecd/36/10/39174956.pdf
  19. https://www.cia.gov/library/publications/the-world-factbook/geos/gg.html
  20. http://hdrstats.undp.org/countries/data_sheets/cty_ds_GEO.html
  21. http://hdrstats.undp.org/countries/data_sheets/cty_ds_GEO.html
  22. http://hdrstats.undp.org/countries/data_sheets/cty_ds_GEO.html
  23. http://hdrstats.undp.org/countries/data_sheets/cty_ds_GEO.html
  24. http://hdrstats.undp.org/countries/data_sheets/cty_ds_GEO.html
  25. The condition of the infrastructure has continued to deteriorate, due to insufficient maintenance – more than 60% of the infrastructure is totally depreciated, approx. double the figure considered acceptable internationally
  26. http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  27. http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  28. Environmental Performance Review, http://unece.org/env/epr/epr_studies/georgia.pdf
  29. http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf
  30. See OECD “Financing water supply and sanitation in EECCA countries…” available at http://www.oecd.org/dataoecd/36/10/39174956.pdf
  31. http://www.oecd.org/dataoecd/36/10/39174956.pdf
  32. http://undp.org.ge/new/index.php?lang_id=ENG&sec_id=65
  33. http://www.tbilisi.gov.ge/print.php?gg=1&sec_id=344&info_id=3521&lang_id=ENG; http://www.privatization.ge/spp/spp/entities_closed.php?&params=S7QysqoutjKxUspJzEtXsi4G8pVS80AMQxMQq6Q4Prm0qCi%2BIDE9Vck608rIzLoWAA%3D%3D<ref></li> <li id="cite_note-34">[[#cite_ref-34|↑]] "The Study on the Opportunities of Georgia’s Water Supply Sector Strategy, Regulation and Private Sector Participation”,http://www.unescap.org/ttdw/ppp/reports/Georgia_6dec2005.pdf</li> <li id="cite_note-35">[[#cite_ref-35|↑]] “The Study on the Opportunities of Georgia’s Water Supply Sector Strategy, Regulation and Private Sector Participation”,http://www.unescap.org/ttdw/ppp/reports/Georgia_6dec2005.pdf</li> <li id="cite_note-36">[[#cite_ref-36|↑]] http://www.oecd.org/dataoecd/14/55/36472918.pdf </li> <li id="cite_note-37">[[#cite_ref-37|↑]] http://www.oecd.org/dataoecd/14/55/36472918.pdf see p. 155.</li> <li id="cite_note-38">[[#cite_ref-38|↑]] http://www.oecd.org/dataoecd/14/55/36472918.pdf see p. 147.</li> <li id="cite_note-39">[[#cite_ref-39|↑]] http://www.oecd.org/dataoecd/14/55/36472918.pdf</li> <li id="cite_note-40">[[#cite_ref-40|↑]] http://www.olis.oecd.org/olis/2007doc.nsf/ENGDATCORPLOOK/NT00000B5A/$FILE/JT03222363.PDF</li> <li id="cite_note-41">[[#cite_ref-41|↑]] http://www.olis.oecd.org/olis/2007doc.nsf/ENGDATCORPLOOK/NT00000B5A/$FILE/JT03222363.PDF</li> <li id="cite_note-42">[[#cite_ref-42|↑]] http://www.bankwatch.org/project.shtml?w=147579&s=2072779</li> <li id="cite_note-43">[[#cite_ref-43|↑]] Observer Report on Environmental Impact Assessment Process in Georgia, prepared for the OSCE Mission to Georgia and the Ministry of Environment Protection and Natural Resources of Georgia, by the Aarhus Centre Georgia, February-March 2008 at http://www.aarhus.dsl.ge/files/320_690_243806_EIAstudy_ENG.pdf</li> <li id="cite_note-44">[[#cite_ref-44|↑]] Source: SEC (2008) ‘Implementation of the ENP in 2007’, Progress Report Georgia, available at http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf</li> <li id="cite_note-45">[[#cite_ref-45|↑]] http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf</li> <li id="cite_note-46">[[#cite_ref-46|↑]] http://www.oecd.org/dataoecd/14/55/36472918.pdf p. 17.</li> <li id="cite_note-47">[[#cite_ref-47|↑]] http://ec.europa.eu/world/enp/pdf/progress2008/sec08_393_en.pdf</li> <li id="cite_note-48">[[#cite_ref-48|↑]] http://ombudsman.ge/page.php?section=1&lang_id=ENG</li></ol></ref>

See also

External resources

Attachments

 Country Assessment.Georgia.June2008.pdf

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