Moldova - 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: ?
  • 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 (1994)
  • Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified (1995)
  • International Convention on the elimination of all forms of racial discrimination: Ratified (1993)


Regional Instruments (Europe)


Transboundary water courses agreements (if applicable)

  • Rhine: n/a
  • Danube River Protection Convention: Active participant | ICPDR chair: 2007-08
  • Other cooperation agreements with neighboring countries on shared water resources:
  1. In 2007, Moldova signed a joint Declaration with Romania and Ukraine ensuring co-operation for the achievement of a good ecological status of the Danube Delta. The co-operation derives from the EU Water Framework Directive and is thus aimed at achieving the objectives therein, including the preparation and publication of a Danube Delta Analysis Report 200 (Direct Link).
  2. Additionally, there is an agreement between Moldova and Ukraine on the use and protection of water recourses of the Dniester River Basin being revised, but not yet formally adopted (Source).
  3. Bilateral declaration between the Republic of Moldova and Romania, and Declaration from Bucharest on Monitoring of the Prut River Basin.
  4. CIS Agreement on rational management and protection of transboundary waterbodies between Armenia; Azerbaijan; Belarus; Georgia; Kazakhstan; Kyrgyzstan; Moldova; Russia; Tajikistan; Turkmenistan; Ukraine; Uzbekistan. Date of text: 11 September 1998. Entry into force notes: The Agreement entered into force for Belarus, Tajikistan and the Russia on 6 June 2002.
  5. Agreement between the Government of Ukraine and the Government of Moldova on joint boundary waters management and protection. Date of text: 23 November 1994. Entry into force notes: The Agreement enters into force from the date of the exchange of the ratification documents.
  6. Convention on cooperation for the protection and sustainable use of the Danube River (Danube River Protection Convention) between Austria; Bulgaria; Croatia; Czech Republic; Germany; Hungary; Moldova; Romania; Slovakia; Slovenia; Ukraine; European Community. Date of text: 29 June 1994.(source 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 National Development Strategy of the Republic of Moldova for 2008 – 2011 (External Sources: http://www.pnd.md/ | UNDP Moldova) was adopted by the authorities in December 2007, and the associated Action Plan in February 2008. It is a comprehensive plan, set out for the years 2008-2011 which builds on and replaces the Moldova - Economic Growth and Poverty Reduction Strategy Paper (EGPRSP) 2004-2006 and Moldova - National Human Rights Action Plan 2004-2008[1]. Implementation will require focus on concrete benchmarks and designated financial and human resources [2]. One of the priorities identified in the Strategy is "Strengthen democracy based on the rule of law and respect for human rights principles". It should also be noted that an integral part of the National Human Rights Action Plan of the Republic of Moldova for 2004-2008 is to ensure the right to quality water.

In a broad sense, the National Development Strategy of the Republic of Moldova for 2008 – 2011 is intended to ensure the continuity of reforms and set or priorities initiated in the context of Moldova - Economic Growth and Poverty Reduction Strategy Paper (EGPRSP) 2004-2006, the European Union – Republic of Moldova Action Plan (EURMAP) as well as the Millennium Development Goals.


Integration of WSS in the development plan

WSS is included in the Moldova - National Development Strategy in the section on Medium- and Long-Term Agenda of the Government for meeting the Millennium Development Goals. Increasing population's access to safe drinking water and reforming the water sector is listed one of the priorities for the Government. A national programme on environmental security, a strategy on water supply and sewerage systems in settlements as well as a waste management concept were adopted in 2007. Initial steps have been taken to consider the preparation of a waste management strategy for 2009-2011. Work is ongoing nevertheless continued attention is required in this field 777777777.

As Moldova is committed to harmonizing its legislation with EU standards in the field of environmental law it is currently developing a Moldova - Draft Water Law (Feb 2008) as well as a Draft Regulation on conditions of urban wastewater discharge into natural recipients] as well. As a general remark, the draft Water Law often lacks deadlines for implementation of the main requirements. Without clear deadlines the draft Law provisions risk not being implemented. As the draft law is a framework law, many of the details are left to implementing regulation (sources of secondary law). The draft legislation on water does provide impetus for regional arrangements with neighbouring countries in the field of water use and protection.


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

  • Population size:' 3.9 million [3]
  • Population using “improved water source”: 92% [4]
  • Population using “improved sanitation”: 68% [5]
  • Urban population connected to centralized water supply systems: 81% [6]
  • Rural population connected to centralized water supply systems: 17% [7]

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.


Support in the country for HRBA to Water Governance

Project to support the Implementation of the National Human Rights Action Plan in the Republic of Moldova is currently being implemented (final year) by the Parliamentary Committee for Human Rights in partnership with UNDP. In the broader spectrum, the key goals of the water sector reform, currently taking place in the country is supportive of the implementation of the resolutions of the World Summit for Sustainable Development, and the promotion of the achievement of the Millennium Development Goals.

Moldova is committed to convergence with EU standards on Human Rights. No specific information on support for HRBA to WWS in particular.

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

  • Population size:' 3.9 million [8]
  • Population using “improved water source”: 92% [9]
  • Population using “improved sanitation”: 68% [10]
  • Urban population connected to centralized water supply systems: 81% [11]
  • Rural population connected to centralized water supply systems: 17% [12]

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.

Any discriminatory practices identified and reasons for this

No information available.

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

No information available.


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

Most of the freshwater withdrawal 58% is used in industry. About 33% is estimated to go into agricultural sector and only 10% is for domestic use.


Respect of rule of law in the country

Recent figures (April 2008) from the barometer of Public Opinion show very low levels of people’s trust of people about the judiciary and other state institutions. (see public opinion poll on [1] ).

The National Institute of Justice was established and started its training operations in October 2007. The code of ethics for judges was approved in November 2007 and a judicial inspection system under the auspices of the Supreme Council of Magistracy was introduced by law in July 2007. Training for judges and prosecutors, including in the field of human rights, requires further strengthening.

Work on consolidating of the capacities of the Supreme Council of Magistracy (the body in charge of judicial self-administration) is ongoing and the Department for Judicial Administration, subordinated to the Ministry of Justice, started operating in January 2008.

Additionally, the reform of the judicial system will entail the reform of the prosecutorial office including the General Prosecutor’s Office to ensure its independence and introduce proper checks and balances with regard to its competences, in accordance with European standards, remains to be addressed. Draft legislation regarding the reform of the prosecutorial office, as it stood in autumn 2007, goes in the right direction. The law on public assembly was adopted in February 2008. It now has to be implemented. The law on NGOs was amended in 2007 to strengthen dialogue and co-operation with civil society. Further improvements have been reported necessary.


Fight against corruption

Moldova ranks 111 out of 179 countries on the Corruption Perceptions Index for 2007.

A national Action Plan on fighting corruption 2007-2009 was adopted in December 2006 and amended in 2007. The main government agency responsible for fighting corruption is the Centre for Combating Corruption and Economic Crimes. Moldova has ratified the UN Convention against corruption as well as the additional protocol to the Council of Europe Criminal Law Convention. Some steps have been taken to adjust the legislative framework to international standards, including subjecting new laws to anti-corruption screening before they are adopted – although this practice is not very frequently applied, it is an attempt to strengthen the institutional framework of the country. Some awareness raising activities in the field of prevention have been taken. For reports on the state of corruption in Moldova 2007 go to [2] .


Transboundary water courses/bodies problems

No information available.


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

“Between 50 and 90% of water utility revenue currently is generated by user charges; the rest mostly comes from public budgets. However, these funds are insufficient even to cover operational costs, not to speak of maintenance and capital costs. In many countries utility revenue covers only about 60% of operation costs. Many EECCA countries are currently spending a much smaller share of their public budgets to invest into environmental protection than most EU and EU accession countries. However, some EEECCA countries (Moldova, Georgia, Kazakhstan, Russian Federation and Ukraine) devote a share of their national income to environmentally-related expenditures comparable to OECD and EU accession countries. At the same time, tax collection and public capital expenditure are at very low levels in many places of EECCA. In many cases, there is, hence, a potential to both increase the total amount of public budgets (the size of the pie), as well as increasing the share of these resources that is being allocated to environmental protection (the size of the piece).” 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)

Reduction and The Development of Joint Institutional Arrangements
UNDP RBC
  • USD 2,220,000.00
  • 2007- 2010
  • This project aims at the reduction of industrial chemical pollution from small industries currently discharging through municipal waste systems.


Strategic Workplan to Strengthen the Regional Capacity on Water Governance
UNDP/BRC
  • EUR 350,000.00
  • 2006 - 2007
  • This project aims to strengthen capacity on Water Governance at community level.


Strengthening the Implementation Capacities for Nutrient Reduction and Transboundary Cooperation in the Danube River Basin (Tranche II)
UNDP, GEF, EU
  • Tranche II Total: 25,118,000 (GEF 12,240,000; ICPDR 6,000,000; Governments/ NGOs / others 6,878,000)
  • 2003-2006 (Phase II)
  • 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.


Fostering Multi-stakeholder Partnerships to Achieve Millennium Development Goals in the Western CIS and the Caucasus in the framework of UN Global Compact (GC)
UNDP RBEC
  • 1,013,742 Euros
  • Currently in the pipeline
  • The project uses a partnership approach to accelerate sustainable economic growth and poverty reduction. It also provides a platform for engaging businesses in promotion of responsible business/corporate social responsibility (CSR) practices and in public – private partnerships which contribute to sustainable development of the target countries, help reduce poverty and unemployment, and improve poor people’s access to products and services.


Promoting Good Governance through Improved Civic Legislation
UNDP RBEC
  • 2007? - Project duration: Three years
  • This initiative proposes to review the legal environment for civic existence, expression, and engagement in several countries of the CIS. The larger objective is: to facilitate an improved civic (enabling) environment through an examination of legal and regulatory principles at the national level within the CIS.


Rolling out the Millennium Development Goals (MDG) Support to Poverty Reduction Strategies in Europe and CIS
UNDP RBEC
  • USD 550,000
  • 2007?- three years
  • The purpose of this regional project is to support countries in the Europe and CIS region in developing a new round of MDG-based national development strategies by offering a flexible range of diagnostic tools, pro-poor policy options and capacity development methodologies. MDG Support seeks to promote the integration of UNDP programming and policy advising around the MDG theme by linking the MDGs to PRS(P) processes; and to facilitate UNDP’s cooperation with the World Bank, IMF, and other donors and use this initiate as a leverage for resource mobilization.


UNDP – SNS REAAL Partnership on Water
UNDP RBEC
  • USD 50 million (loans); grants co-funding as emerging
  • 2006-2016
  • This project aims at enabling and facilitating access to investment funds for selected and ready beneficiaries in the context of UNDP’s programmes in the region as well as creating synergies and minimizing transaction costs on each partner’s side.


“Every Drop Matters” – a Regional Water Partnership Initiative between UNDP Europe & CIS and The Coca Cola Company Eurasia and Middle East Division
UNDP Moldova | BRC
  • Minimum USD 6.25 million
  • 2006-2011
  • This Regional Partnership Project aims to provide the framework and a joint action plan for water-related programming in the countries of Europe and the CIS, with a particular focus on increased access to safe drinking water, facilitating the use of environmentally sound industrial technologies, and outreach and awareness raising activities to promote responsible water resource management.
  • This Regional Public Private Sector Partnership Initiative will initially focus on countries under the coverage area of UNDP-RBEC as well as Coca-Cola EMED, and on the following three intervention areas: 1. Improved Access to Safe Drinking Water 2. Improved regional and industrial water management 3. Advocacy and communication


Project to support the Implementation of the National Human Rights Action Plan in the Republic of Moldova
UNDP Moldova
  • Total budget USD 1,183,934.32
  • Donors: UNDP, DUTCH, HURIST, DGTTF, ADA
  • Project Description: The project aims at supporting the Government of Moldova in the implementation of the National Human Rights Action Plan for 2004-2008 under the global HURIST programme, which will contribute to the introduction of a consistent and transparent system of monitoring the human rights situation in Moldova. The project will focus on building the capacity of the Governmental agencies and SCOs to partner for the implementation of the NHRAP, in order to increase the public awareness on human rights and their application through developing and implementing human rights education, training and information dissemination programs, and through the further alignment of national legislation with international human rights standards.
    • Activity 1: Development and implementation/dissemination of human rights education and training materials/events;
    • Activity 2:Strengthening the capacity of NGOs in the implementation and development of partnerships around human rights initiatives
    • Activity 3: Support to human rights monitoring and reporting
    • Activity 4: Develop human rights communication and awareness of the public at large.


Agricultural Pollution Control GEF Project
GEF
  • USD 10.740,000,00
  • 2004-2009
  • Includes Agriculture, fishing, and forestry (Irrigation and drainage)(30%). Water, sanitation and flood protection (General water, sanitation and flood protection sector) (30%)

Public Administration, Law, and Justice (Central government administration)(20%).Agriculture, fishing, and forestry (Agricultural extension and research)(10%) Agriculture, fishing, and forestry (Forestry) (10%).


Environmental Infrastructure Project
WB
  • USD 9.900,000,00
  • 2007-2011
  • Pollution Control / Waste Management including Water, sanitation and flood protection (Sewerage) (96%)

Public Administration, Law, and Justice (Central government administration) (4%)


Transboundary Waters Management Experience in Europe, Caucasus and Central Asia (TWME-ECCA)
GEF
  • USD 1,944,717
  • 2005-2007
  • The aim of the project is to capture Best Practices, Knowledge and Lessons from GEF-IW (Transboundary Land and Water Management) throughout the RBEC region.
Agricultural Pollution Control Project - under WB-GEF Strategic Partnership for Nutrient Reduction in the Danube River and Black Sea
WB, GEF
  • GEF Project Grant
  • 4,950,000 US$
  • The overall objective of the project is to reduce nutrient pollution from agricultural sources in Moldova to the Danube River and Black Sea. The project will assist the Government of Moldova to: (i) promote the adoption of environmentally-friendly practices in crop and livestock production and in rural agro-industries that contribute to nutrient pollution, including wetland and integrated watershed management; (ii) strengthen national policy, regulatory and institutional capacity for agricultural nutrient pollution control; and (iii) promote a broad public awareness campaign and replication strategy. The Project would be a component of a US$30million IDA-funded Rural Investment and Services Project (RISP) (currently under preparation) and will mainstream environmental concerns into agricultural practices.


Environmental Infrastructure Project - under Strategic Partnership Investment Fund for Nutrient Reduction in the Danube River Basin and the Black Sea
WB, GEF
  • GEF Project Grant 4,562,000 US$
  • The overall project development and global environmental objectives of the proposed project are to: (i) improve the quality of sanitation services in Soroca; (ii) reduce the discharge of pollutants, including nutrients, from Soroca municipal sources that flow into the Nistru River and, subsequently, into the Black Sea; and (iii) demonstrate and disseminate through feasibility studies and workshops, cost-effective and affordable technologies for municipal wastewater treatment for the potential benefit of similar projects for Moldova’s existing wastewater treatment plants, for those towns in Moldova that have no wastewater treatment, and for the countries that drain into the Black Sea. The proposed project would constitute of the World Bank’s Pilot Water Supply and Sanitation Project, local government contribution and GEF funds.


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.


Sustainable Integrated Land Use of the Eurasian Steppes
EuropeAid (Tacis)
  • EUR 2,600,000
  • 2007-2010
  • The specific objectives of this contract are to provide the beneficiary countries with the necessary technical assistance inncreasing sustainable land use in wetland, steppe and forest steppe ecosystems.


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.

Moldova participates actively in the Danube-Black Sea Task Force (DABLAS). None of the 50 priority DABLAS investments any longer concern the country.


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

Moldova Ministry of Environment, REC Moldova, Moldova - Ecological Movement, ..?

See next section 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. On a more country-specific level, the list of projects in previous section will indicate the main international actors present.

Other NGOs including: Eco-Tiras, BIOS, Eco-Lex, BIOTICA and the REC. These are just examples, 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..



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 checklist scale is
No information | Nothing in place | Poor (framework only) | Adequate (basic regulations) | Excellent (detailed regulations)


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

Indirectly through Article 24 of the Constitution which provides that ”Every person has the right to life” and Article 37. The Right to Live in a Healthy Environment

(1) Every human being has the right to live in an environment that is ecologically safe for life and health, to obtain healthy food products and harmless household appliances.

At present in a state of flux as new legislation is under way (new Water Law).



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

The Parliament of the Republic of Moldova is the supreme representatives body of the nation and exclusive legislative authority of the State. The main water related documents approved by the parliament are:

  • Concept of National Policy on Water Resources (Parliament Decision No. 605.XV of 2 November 2003);
  • Concept of Environmental Policy (PD No. 605.XV of 2 November 2001).

The President holds the power of promulgating the laws.

The Chancellery of the Government is among others responsible for ensuring coordination of public policy planning in conformity with the priorities set out in the government programme.

Among the Ministries and central authorities there are several institutions with water related competences:

The Ministry of Ecology and Natural Resources (MENR) is the central public authority in the field of environmental protection and rational use of natural resources. The main divisions dealing with water related policies within MENR are: the Analysis, Monitoring and Evaluation of Policies Division, Natural Resources and Biodiversity Division and Environmental Pollution Prevention Division. The main function of the Analysis, Monitoring and Evaluation of Policies Division is to coordinate the development and implementation of policies in the field of environmental protection and sustainable use of natural resources. Also, it coordinates the process of national legislation harmonization to EU environmental acquis.

The Natural Resources and Biodiversity Division develops and promotes the state policy on conservation and sustainable use of natural resources, inclusively of water resources.

The Environmental Pollution Prevention Division deals with the coordination of elaboration and .implementation of national concepts, strategies, programmes and plans towards prevention of environmental pollution, inclusively in the field of water pollution prevention. The division developed the draft Regulation on waste water discharges to water bodies.

The autonomous institutions with water related competencies under MENR include the State Environmental Inspectorate, State Agency for Geology “AGeoM” and State Hydro meteorological Service.

The Ministry of Health is the central public authority responsible for the elaboration and implementation supervision of state policies in the filed of public health protection.

The National Scientific and Practical Centre of Preventive Medicine (NSPCPM) under the Ministry of Health is in charge of organizing investigations in the filed of environmental and habitat hygiene, including water monitoring. Ministry of Agriculture and Food Industry (MAFI) is the central public authority responsible for the development and implementation supervision of state policies in the field of agriculture and food production. Within MAFI, the Agro chemistry, Ecology and Plant Protection, the main task of which, is to promote the state policy in the field of ecological agriculture, plant protection and soil fertilizing.

The Ministry of Local Public Administration (MLPA) is the central public authority, the main aim of which is to implement the constitutional prerogatives of the Government to coordinate the activity of LPA. Among others, the competences of the ministry are the following:

  • Implementation of objectives and strategies towards the development of LPA established in the Programme of Activity of the Government of the Republic of Moldova;
  • Development of new policies towards the development of LPA;
  • LPA control of compliance with the regional development legislation etc.

At present, the local public administration, among others, is responsible to ensure the implementation of policies in the field of environmental protection and sustainable use of natural resources at local level as well as to ensure the drinking water supply and sewerage. Usually, the water supply and sewerage is provided by municipal enterprises.

The National Bureau of Statistics (NBS) is the central administrative authority which leads and coordinates the statistical activity in the Republic of Moldova. The Bureau, independently or in common with other public authorities, elaborates and approves the methodologies statistical research and counting of statistical indicators. It organizes the gathering, processing, centralization, storage and dissemination of statistical data. Within NBS the Agricultural and Environmental Statistics Division is in charge of agricultural and environmental statistical data. NBS publishes the Annual Statistical Book, which includes information on main rivers and natural and artificial lakes, water consumption, discharge of sewage, mine and drainage waters in water bodies, pollution of water resources, mineral and organic fertilizers used by agricultural enterprises etc.


Adequate regulatory system in place for private or public water and sanitation service providers – procurement and concession (to develop more in detail – accountability, etc)
No information | Nothing in place | Poor | Adequate | Excellent


Accessibility and Affordability


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

Standards setting a minimum amount of water for personal and domestic uses per person or household
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

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

Specific measures on disconnection to address poor and marginalised people concerns
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


Water quality and availability


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

“Moldova’s existing system of surface water quality standards (SWQSs) is comprehensive and ambitious, covering hundreds of pollutants and mandating very low concentrations of contaminants. To date, some reform of the system has been carried out but it is still based primarily on the approach established under the Soviet Union.”


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

Draft Regulation on conditions of urban wastewater discharge into natural recipients under development


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

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

An integrated approach to water management has been developed. It has not been adopted or implemented. Further strengthening of administrative implementation capacity at all levels, including inter-agency coordination remains a challenge. The Ministry of Environment and natural Resources has recently recruited new officials, additional staffing is still urgent. Ongoing activities aim to integrate environmental considerations into other sectors such as for example transport.


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

Only projects no systematic implementation. Legislation still pending.



Governance


Environmental impact assessment legislation including water projects
No information | Nothing in place | Poor | Adequate | Excellent
  • Environmental information is published on a regular basis by the government, the latest being the 2007 state-of-the environment report. On the implementation of EIA it is applied mainly to donor-funded projects. Although there have been activities to inform and involve the public, the requirements of the Aarhus convention continue not to be fully incorporated into legislative acts. Law on environmental review and environmental impact assessment.

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

Non-discriminatory right of participation in decision-making process regarding to water (management, services, projects, installations
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

Current legislation includes monitoring requirements.


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

Yes, not very effective mainly due to the small number of inspectors.


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

Penalties for breaches are in place. These however, are generally not considered deterrent enough.



Redressing mechanisms (Access to justice)


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

Article 11 of the Civil Code and Article 73 of the Civil Procedure Code.


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

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

Framework legislation and sectoral legislation is in place in many areas but this also requires further development. A proposal to review the 1993 framework law on environment currently taking place. Most recent changes in legislation include new or amended laws on water (draft Water Law under development). Laws on EIA and nature protection are under preparation.

Other relevant laws include:

  • Law on environmental pollution charges, No.1540 of 25.02.1998;
  • Law on environmental protection, No.1515 of 16.06.1993;
  • Law on ecological expertise and environmental impact assessment, No.851 of 29.05.1996;
  • Law on river and lake protection belts and zones, No.440 of 27.04.95.
  • Law on state-protected natural areas fund, No.1538 of 25.02.98;
  • Law on river and lake protection belts and zones, No.440 of 27.04.1995;
  • Land Code, No. 828-XII of 25.12.1991;
  • Underground Code, No.1511-XII of 15.06.1993;
  • Law on natural resources, No.1102-XIII of 06.02.1997;
  • Regulation on involvement of public. No.72 of 25.01.2000.



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

There are a number of settlements which developed Local development plans and environmental action plans, which include provisions on WSS.


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

These developments are very recent and just starting to take place.


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

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

In place but not endorsed. A Financing strategy was developed with the support of OECD in 2007 , but the estimation of needs and time frames are considered rather ambitious.


Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
  • 2004: approval of the PRSP 2004-2006, extended in 2007. Replaced by the National Development Strategy for 2008-2011 and associated National Action Plan for Implementation (see above)
  • EU-Moldova Action Plan which may be extended.
  • UNDAF Country (2007-2011)
  • On PWH Moldova is in the process of setting Protocol targets and target dates and currently being assisted in fine-tuning project proposals on target setting under the Protocol ad hoc facilitation mechanism.

Awareness raising and education campaigns


Education programmes on water
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Dissemination of technologies
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Gender and marginalised groups problems addressed
No information | Non-existent | Poor (framework only) | Adequate | Excellent

Hygiene promotion campaign
No information | Non-existent | Poor (framework only) | Adequate | Excellent



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 (Ministries
No information | Nothing in place | Poor | Adequate | Excellent

Reform entailing restructuring of the system is likely to take place in new legislation.


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

Further strengthening of administrative implementation capacity at all levels, including inter-agency coordination remains a challenge. The Ministry of Environment and natural Resources has recently recruited new officials, additional staffing is still urgent. Ongoing activities aim to integrate environmental considerations into other sectors such as for example transport.


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

Increased frequency in changes at Ministerial level of the Government are likely to continue impeding progress within the Ministries.


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

Very unclear due to amount of restructuring. Most water management and regulatory functions felt under the responsibility of Apele Moldovei Agency. However, under the new Cabinet restructuring, this agency has been merged with the Agency for Constructions and Territorial Development to become the Ministry of Constructions and Territorial Development.


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

No such authority has been set up.


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

Administratively, the Republic of Moldova is made up of 1,679 communities, including five municipalities (Chisinau, Balti, Tighina (Bender), Comrat, and Tiraspol), 60 cities, 39 settlements within towns (municipalities), 917 residence villages (villages where village councils or communes are located), and 658 settlements within communes (except for the residence villages).

Currently on local self-government a number of legislative acts, including on administrative decentralisation, local public administration and regional development, were adopted in December 2006. This brought national legislation closer to the recommendations of the Congress of Local and Regional Authorities in Europe. A national training strategy was adopted in January 2007 to enhance professional standards for public servants and elected municipal officials. The practical impact of these measures remains limited to date.


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

Although the current legislation includes monitoring requirements only some monitoring systems are in place. The country plans to establish a centre for integrated environmental monitoring. A remaining challenge is the further strengthening of administrative implementation capacity at all levels, including inter-agency coordination as responsibilities currently often overlap resulting in uneconomical management of already sparse resources. Lack of training is another area for improvement.

The State Hydro meteorological Service (SHS) is a public institution subordinated to MENR. The main water-related competency of SHS is the surface water quality and quantity monitoring. The Hydrology Division, responsible for the methodical and operational management of the hydrological network, includes 1 hydrological station and 47 hydrological posts on the Prut and Dniester rivers and their tributaries.

The Division’s tasks are the following:

  • To ensure the state institutions with operative hydrological information;
  • To keep under observation the conditions of dangerous hydrological phenomena appearance;
  • To carry out observations on hydrological regime of rivers;
  • To publish annual and multiannual data of surface water regime and resources;
  • To publish the Water Cadastre;
  • To organize and carry out hydrographical investigations on territory of the Republic of Moldova.

The Environmental Quality Monitoring Centre (EQMC) is another SHS structural unit, which is in charge of surface water quality monitoring. Its main competencies are:

  • To create and operate databases on the state of environment in the Republic of Moldova;
  • To monitor the state of environment and anthropogenic impacts.

Within EQMC, the Expedition Group is in charge of systematic water sampling for chemical and biological analysis. The Division of Surface Water Quality Monitoring of EQMC carries out systematic observations (48 hydro chemical parameters and 5 hydro biological indicators) of surface water quality at 49 stations, 39 posts located on 16 rivers, 6 accumulation lakes and 1 estuary.

The National Scientific and Practical Centre of Preventive Medicine (NSPCPM) under the Ministry of Health is in charge of organizing investigations in the filed of environmental and habitat hygiene aiming at identification of risk factors for the public health towards the prevention, removal and mitigation of environmental pollution as well as improvement of life and recreation conditions for the population. Within its competences are included the following: laboratory investigation of chemical and sanitary parameters of surface and underground water quality as well as hygienic certification of potable and mineral waters for bottling and external use, of wastewater treatment technologies, reagents used at treating the drinking water and authorization of potable and mineral water sources. NSPCPM is publishing every year a Bulletin of social and hygienic monitoring (46 points), which includes data on nitrate concentrations in water as well as maps. The bulletin is distributed only to central authorities. Also, NSPCPM is publishing an Annual report, which includes data on surface water quality 1 km downstream the points of wastewater plant’s discharges.

The State Agency for Geology “AGeoM” is in charge of carrying out studies and exploration works of potable and mineral underground water as well as monitoring of underground water.



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

The State Environmental Inspectorate (SEI) is the main environmental regulatory and enforcement authority in the Republic of Moldova. The SEI’s scope of work is quite wide and includes the protection of air, water and soil, management of waste and toxic substances, and ensuring the rational use of natural resources. Its main competencies include:

  • Participation in the development of primary and secondary legislation;
  • Carrying out state environmental expertise of new and changing economic development projects;
  • Endorsement of environmental rehabilitation programmes;
  • Regulation of environmental impacts by establishing Emission Limit Values (ELVs) and issuing permits, among others for water use, wastewater discharges, waste disposal, etc;
  • Monitoring of compliance with environmental requirements at both stationary and mobile sources of pollution, including ambient and emissions monitoring;
  • Enforcing the collection of pollution charges and administering local environmental funds;
  • Responding to complaints and investigating accidents and emergency situations;
  • Communication with the general public and mass media;
  • Exercising administrative enforcement and initiating criminal cases.

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

Information disclosure (right to know) & public participation

Access to information & dissemination


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

Although the Law on Access to Information and the Law on Public Utility Services provide a formal right, systems for dissemination of information on water pollution relating to health are not in place. There is some reluctance towards providing information. Eg. information only for pubic authorities. Eg. NSPCPM is publishing every year a Bulletin of social and hygienic monitoring (46 points), which includes data on nitrate concentrations in water as well as maps. The bulletin is distributed to only to central authorities. Also, NSPCPM is publishing an Annual report, which includes data on surface water quality 1 km downstream the points of wastewater plant’s discharges.


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

Law on petitions and Law on access to information in place.


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


Public participation


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

At present public participation is limited. The draft Water Law reflects the general requirement set up by the EU WFD to encourage the active involvement of the public. Additionally, Moldova has adopted a law that stipulates the consumer’s right of access to information, as well as an obligation to consult the population for key decisions.


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


Access to justice


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



Technical 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.


Infrastructure


Wastewater management in urban areas (treatment plants, sewerage network and infrastructure
No information | Nothing in place | Poor conditions | Adequate | Excellent

The water supply and sanitation infrastructure has deteriorated all over the country, and most of these utilities face major financial issues caused by low collection rates, tariffs lower than the real production costs, and huge losses of water through leakages within the system. On top of that, almost 40% of the water pumped through the systems doesn’t meet the health criteria. Although the level of public investments increased over the last years, it is still insufficient for the rehabilitation of infrastructure.


Wastewater management in rural areas
No information | Nothing in place | Poor conditions | Adequate | Excellent

Poor condition of systems and technology used in treating water. (67% of rural establishments’’ aqueducts are not hygienic and are in poor condition). More than 80% of the wells and 50% of the springs do not contain safe water as purification systems are often malfunctioning, due mainly to insufficient energy supply or them being stolen or damaged.


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

81% of the urban population benefit from centralized systems of water supply. But many leakages reported.


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

Around 17% of the rural population benefit from centralized systems of water supply.


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

The infrastructure of water supply and sewerage worsened across the country and most of these utilities face financial problems, a low level of collections and tariffs and big losses of water in the network. The purchase of good quality water represents a disproportionate level of household expenditures, which increases the burden for the poor population.


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


Capacity at national level


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

The Ministry of Ecology and Natural Resources (MENR) and the institutions which fall under its auspices, namely the Hydrometer logical Service and Hydromet Insitute which acts as the Monitoring Service for the service are the competent authorities involved in monitoring of relevant biological parameters. Laboratory equipment is reportedly not advanced and very little visible investment in instrumentation literature sample storage materials etc. Significant improvements to the hydrobiology laboratory could be made with minimal investment.


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

The draft Water Law provides for the establishment of programmes for the monitoring of water status. The central public authority for the environment and natural resources shall be responsible for developing and updating the monitoring programmes. However, no deadline is set by the draft Water Law and secondary legislation would have yet to be developed to establish the procedure of monitoring programmes.


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


Capacity 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


Civil Society


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

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


Economic resources


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. www.hr.un.md
  2. Implementation of the European Neighbourhood Policy in 2007’ Progress Report Moldova
  3. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  4. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  5. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  6. Moldova progress report on the achievement of the MDGs (2005)
  7. Moldova progress report on the achievement of the MDGs (2005)
  8. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  9. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  10. http://hdrstats.undp.org/countries/data_sheets/cty_ds_MDA.html
  11. Moldova progress report on the achievement of the MDGs (2005)
  12. Moldova progress report on the achievement of the MDGs (2005)

See also

External Resources

Attachments

 Country Assessment.Moldova.June2008.pdf

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