Water Institutional Reforms in Tajikistan - The Politics of Water Institutional Reform in Neopatrimonial States - page 142

implementation not in the Water Code itself. The problems were (if at all) related to the proper
implementation of the Water Code by those who were expected to apply it: administration,
courts, etc. One fundamental problem is that the Water Code and its concrete application rules
are widely unknown, not only among the population (the water users), but also among the
respective bureaucrats. The concerned agencies do not have sufficient information about the
law or their rights and obligations, and therefore do not know how to apply it and how to
make use of their rights. Water users are generally insufficiently informed about their rights
and obligations. They do not know whom to approach when their rights are violated. There is
no transparency with regard to which agency is responsible for what even if it is written in the
Code. Many people do not know that they can turn to offices in the oblast or the capital if
problems are not solved on the local level or, if they are aware of this option, they do not
dare to use it. 226 An NGO representative involved in campaigns for raising awareness of water
problems described the situation as follows:
“We could convince ourselves that today many people do not know the legal basis of water usage. Even experts.
First, virtually nobody has the water code. (...) There was an amendment in 2003. This is the new version of the
water code. Unfortunately virtually nobody knows it. When we went to the regions we asked: Do you have the
Water Code? They said no“(NGO representative, Dushanbe, 08/25/2004).
Lack of proper information among all involved parties is one of the main obstacles to the
effective implementation of the Water Code.
Even farmers who withdraw water unauthorized barely face sanctions, despite the fact
that the Water Code explicitly prohibits unauthorized water withdrawal in order to increase or
reduce the water supply (Water Code § 76). The consequences are reported by a RaiVodKhoz
director: After a case of “water theft”, he first wrote a letter to the director of the concerned
dekhkan farm that he should prosecute the responsible person. But the director simply did not
react. After that he turned to the court, but it had no effect, as the court did not know about
the regulations on how to apply the law. 227 This case exemplifies how a lack of willingness to
comply with law (on part of the DF director) and a lack of capacity to enforce the law (on part
of the administration and the judiciary) foster each other.
The transition to management along hydrographic boundaries, one objective of the 2001
Concept which is also mentioned in the 2000 Water Code, has not been implemented so far,
although most experts referred to it as an important step: “The main principle of governing the
water sector is transition to a hydrological rather than administrative management framework”
(Pulatov 2004: 86). Despite repeated commitments, current practices are still based on the
administrative principle. Only locally have some RaiVodKhozes been merged into one water
agency (Pulatov 2004: 86). 228
Concerning inter sectoral coordination, the respective competencies of each agency are
determined in a special protocol which was approved in the Water Code. The government is
responsible for a clear delineation of competencies. In general, interviewees stated that there
were no problems concerning competencies and coordination. Nevertheless, there were indica
tions that the inter sectoral cooperation does not run as smoothly as officially presented. This
is not surprising given the lack of transparency of the competencies and functions mentioned
above. This is especially relevant for the coordination with the agricultural sector and land
reform processes. These are discussed in detail in chapter 7.4.2. Also in the case of the Min
226 Author's interview with an NGO representative, Dushanbe, 08/25/2004; with a professor of an academic institute,
Dushanbe, 09/07/2004; with the director of a RaiVodKhoz , Sughd oblast, 09/01/04.
227 Interview with the director of the RaiVodKhoz , Sughd oblast, 09/01/04.
228 Reported cases are from the Rasht valley and the Khatlon oblast.