Environmental Engineering Reference
In-Depth Information
relations. Although different ministries with their representatives and other experts took part
during the official process of formulating the law, the widespread critique by many of the con
cerned actors shows that there is obviously no sense of ownership for the new law. In order to
understand the low grade of identification with the new Code, a closer look at the decision
making process is necessary.
Just as in the case of the National Water Strategy, the development of the Water Code
was a process that endured much longer than anticipated. Its development began in 2000.
While the DepVodKhoz initially hoped the code could enter into force by autumn 2002, 124 it was
only in December 2004 when it was finally sent to Zhogorku Kenesh, which approved it on Janu
ary 12, 2005.
The discussions between all concerned ministries during the process of drafting the Water
Code were described as involving many intricate questions and contradictions with difficult
conciliation between all interests. The main point of concern seems to have been the new
administrative regulations and definitions of competencies. These were included with the ob
jective of reduction of duplications and enforcement of accountability. While this is in line with
the problem perception described above, this was exactly the point most resisted by the in
volved bodies:
“The fate of the Ministries depends on state budget allocations. To get money from the state, the ministry needs
functions and competencies. All ministries want money; hence, they want more responsibilities. Therefore, many
ministries have many functions for water and nobody wants to give them away. (…) Concerning the new Water
Code: everyone only looks: Do I still have my function? No? Then I will be against it.” (independent water
expert, Bishkek, 09/28/2004).
In fear of further budget cuts, all agencies tend to resist reforms that would reduce their com
petences and only agree to legal proposals in which their interests remain preserved.
Yet this is not the only reason for the widespread criticism. Another reason is that inter
national donors (unofficially) played a considerable role in the development of the bill. The
World Bank, USAID, and the UNDP have been mentioned as being involved in or even as
mainly preparing the draft code. Only the draft was then spread to Kyrgyz agencies for com
ments. 125 Although a consultant hired by the World Bank to prepare the Water Code claimed
that the process would have been very participative and involved all levels until down to the
water users, 126 this might not be the case: Several national scholars stated that they quit partici
pation as they were no longer invited to the discussions after they made critical remarks, that
the invitations sent were incorrect, and that even already the first drafts prepared by interna
tional projects would have been too weak to make participation worthwhile. 127 Public partici
pation beyond a selected expert circle was not observable at all. Another hint that points to the
opaqueness of the development of the Water Code is that at the time of the approval of the
Water Code by the Parliament, it was barely known not only to the general public, but also to
interested experts and employees of the lower levels of the water administration.
Implementation of the Water Code cannot yet be assessed as it was only approved at the
end of the field research period. The code itself foresees that normative acts should be devel
oped within six months. However, in the meantime the country would be without effective
124 Author's interview with a senior official of the DepVodKhoz , Bishkek, 09/11/2003.
125 Author's interviews with a former senior official of the MEChS , Bishkek, 09/16/2003; with a project
implementation officer at the World Bank, Bishkek, 09/19/2003; with a local consultant of a donor organization,
Bishkek, 09/28/2004; informal conversation with a local official at UNDP, Bishkek, 05/06/2005.
126 Author's interview with a local consultant of a donor organization, Bishkek, 09/28/2004.
127 Author's interviews with a representative of a local NGO, Bishkek, 09/16/2003; with the director of an academic
institute, Bishkek, 09/15/2003.
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