Water Institutional Reforms in Tajikistan - The Politics of Water Institutional Reform in Neopatrimonial States - page 141

importance). Decisions with regard to privatization have to be made by the government. 220
The Water Code also stresses that violations must be prosecuted and compensations made (§
142 and 144) (Pulatov 2004: 84). It is interesting to note that both the old and the new Water
Code provide for the possibility to include water users in maintenance works, hence in a cer
tain respect a legal foundation for hashars (§ 70 and 78 respectively). 221
The Water Code was enacted together with a series of sub normative acts, by laws, and
implementation mechanisms. It is, together with the 2001 Concept in Rational Water Use (and
since 2006 the Water Sector Development Strategy) the basis for water resource management
and water governance. In 2003, some minor amendments were made to the code. For 2006, a
further amendment was planned concerning WUAs and basin management (MIWM, UNDP,
EC IFAS 2006: 75). 222
Detailed information of the process of policy formulation was not available. Reportedly,
the new Water Code was developed mainly by the MinVodKhoz . Representatives of the Envi
ronmental Ministry and of the State Inspection on Protection and Rational Use of Water Re
sources have also been involved. The CFPS contributed Article 43 on WUAs. 223 The new
amendments that have been suggested are supported by a World Bank project. The particular
aim of the project of the World Bank is to incorporate recommendations made by the UN
ECE Environmental Performance Review 2004 on the transition to WUA and basin manage
ment (UNDP, UNECE, National Working Group 2005: 5).
Privatization in the agricultural and industrial sector was mentioned as the main reason
for the development of the new Water Code: The old Water Code was no longer considered
suitable for the new situation as new forms of control were needed. Most experts endorsed the
Water Code and its objectives as meeting this demand. 224
As the Tajik Water Code does not seem to be as contested as the one in Kyrgyzstan, it
could be assumed that since its approval in 2000, implementation has progressed. Experts
suggest that at least 30 sub legislative acts would be necessary in order to implement the Water
Code and the 2001 Concept. In February 2002, the government decided on 25 normative acts
to be developed in order to implement the Water Code (Kholmatov 2003: 154). However, for
some projects decided on in the Water Code, no implementation mechanisms were developed
even after several years. By the end of 2005, fewer than ten subsequent acts had been adopted
and these have only been partially applied (UNDP, UNECE, National Working Group 2005:
7). The prosecution of violations of the Water Code is apparently not pursued stringently.
According to off the record information, no cases have been filed with the prosecutors in
relation to violations of the Water Code. A former senior official of the MinVodKhoz assesses
the problem as follows: “On the legislative level, there is no deficiency of laws, but we need
further steps”. 225 Like him, most of the experts interviewed see the problem of the lack of
220 Author's interview with a senior official of the MinVodKhoz , 10/10/2003.
221 More so than according to the 1993 version, the respective paragraph in the 2000 Water Code refers to voluntary
work.
222 Author's interview with a senior official at the CFPS, Dushanbe, 10/13/2003.
223 Author's interviews with a senior official at the CFPS, Dushanbe, 10/13/2003; with two officials of the
Environmental Ministry, Dushanbe, 10/07/2003; with the vice-minister of the MinVodKhoz , Dushanbe, 10/09/2003.
224 Author's interviews with a senior official at the CFPS, Dushanbe, 10/13/2003; with two officials of the
Environmental Ministry, Dushanbe, 10/07/2003; with a senior official at the MinVodKhoz , Dushanbe, 08/20/2004;
with a professor at a research institute, Dushanbe, 09/07/2004. Only a few experts point out weaknesses. Still, this
must not be misinterpreted to indicate that everyone is content with the Code. It may also be a signal of the lower
openness of the political system in Tajikistan. In general, it seems that there is no fundamental discontent.
225 „ , . “
Author's interview with former senior official of MinVodKhoz , Dushanbe, 08/23/2004.