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Review the Legal Side and Reform the Institutional Framework of Water Sector in Palestine

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Review the Legal Side and Reform the Institutional Framework of Water Sector in Palestine MEDRC Series of R&D Reports MEDRC Project: 12-AS-009 Review the Legal Side and Reform the Institutional Framework of Water Sector in Palestine M. Sc. Thesis Submitted By Eng. Mahmoud R. Sulyman Principal Investigator Dr. Said Ghabayen Assistant Professor, Islamic University of Gaza Faculty of Engineering – Environmental Department. Middle East Desalination Research Center Muscat, Sultanate of Oman June 2013 Islamic University, Gaza. Postgraduate Studies Deanery, Faculty of Engineering, Department of Civil Water Resources Engineering, Review the Legal Side and Reform the Institutional Framework of Water Sector in Palestine M. Sc. Thesis Submitted By Eng. Mahmoud R. Sulyman Supervised By Dr. Said Ghabayen Assistant Professor, Islamic University of Gaza Faculty of Engineering – Environmental Department. A Thesis Submitted in Partial fulfillment of the Requirement for the Degree of Master in Science in Civil / Water Resources Engineering. June, 2013– Shaban, 1434. Abstract The main objective of water resources management is to secure adequate quantity of good quality water in equitable manner. This could be achieved through a proper institutional management and participation of all stakeholders. The water management process in Palestine started since 1995-1996 by establishing Palestine Water authority (PWA) as water sector regulator and still ongoing up to date. In this study, various regional and international institutional configurations were reviewed and how those entities managed the sector. The state of problem in this thesis divided into two main parts the legal part and the institutional framework of the sector. Adaptive methodology was used through reviewing and comparing the four main laws (Water Law, Environmental Law, Agricultural Law and Public Health Law) together, and the institutional framework was restructured based on duties of each competent agency stated in laws, the principles of the Integrated Water Resources Management (IWRM) and the concepts of the Management and Transnet Framework (MTF). And to enhance the proposed ideas, interviews with the main stakeholders were done with filling a questioner contains direct questions about the legal and institutional framework of the sector. This study was based on presumption that PWA, Environment Quality Authority (EQA), Ministry of Agriculture (MoA) and Ministry of Health (MoH) are the main competent agencies for regulating and monitoring of water and waste-water sector at the legal level and there are no discrepancies of stating their responsibilities in laws and these agencies shall cooperate and coordinate in between to achieve purposes of these laws as clear in laws. However it was found that there is no practical willingness for cooperation and information sharing among these agencies. In addition, the study identified that the NWC is currently the link between the regulator (PWA) and the decision makers at the political level represented by PLC and the Council of Ministers. But its current structure is the main reason for its malfunctioning to serve water sector. So that, two main solutions were proposed either by reform the current structure or resolving the NWC then PWA has a direct contact with the political level. This study found that, the current legal references of water management represented, by the national four laws: Water Law, the Environmental Law, the Agricultural Law and the Public Health Law. These laws shared the same concept about violations and sanctions regarding any actions against water sources. The integration among these laws represented by practical coordination mechanisms between these agencies as referred in laws. But the coordination mechanisms were not clarified well in articles of laws. The direct and indirect responsibilities and duties of these agencies were identified in the above mentioned laws and summarized in this study. In addition to clearance of duties, all laws insured that the provisions of each law shall be applied without any contradictories with other articles in the same law or other relevant laws. In addition, it was found that the multi-level regime was used since the beginning of the first attempts of water sector institutional reform process in Palestine. The current I institutional framework composed of three levels. In this study two options were proposed to reform the institutional framework. The first one representing a modification of the current institutional framework with filling the gaps and the other one is a new proposed framework with new proposing agencies aimed to decrease the discrepancies between these agencies. Each level occupied by various agencies based on their duties stated in laws or basic laws. The first option has four levels. At the political level, three current institutions were found: PLC is the legislative authority and these laws shall be executed through the Council of Minister which is the executive authority and the NWC is the direct link between the council of Ministers and the regulator of water sector and recommend for the council any regulations suitable for enforcement water law. The legal level was occupied by the ministries and authorities. At the operation level, a new utility was proposed only for managing the non-conventional water sources. At the service level, there are three current service providers: the 25 municipalities, CMWU as CCS for these municipalities and UNRW also considered as service provider for service in eight refugee camps in Gaza Strip. The second option has fewer institutes for more clearance of duties and less practical discrepancies. The policy and regulation level which occupied by the policymaking institute the Council of Ministers the executive authority, a new proposed ministry called Ministry of Nature & Environment (MoNE) which is a combination between three existing institutes (PWA, MoA & EQA/PEnA) which is the regulator of water and waste-water sub- sector in addition to other sub-sectors. This ministry has three main directorates (Water sources Directorate, Agriculture and Irrigation Directorate & Environment Directorate). In addition to other three main competent agencies which are MoH, MoLG & MoF. At the Operational, Supply & Service Provider Level, the bulk water utility was proposed as the national utility to operate sector assets and supply bulk water to the regional entities; CMWU is the main service provider which shall be re-established as regional utility instead of its current shape as CCS according to the provisions of water law. The 25 municipality in Gaza Strip and UNRWA as service provider in the eight refugee camps shall be represented through the five regional office of CMWU. The second option is more preferable for better management. For more comprehensive institutional framework, Private Sector Participation (PSP) was considered during the restructuring procedures. Different types of Public Private Partnership (PPP) contracts were recommended since the private sector was proposed to be part of the lowest two levels. At the operational and supply level, the delegation PSP type was chosen and the BOT contract was proposed for water treatment, and the concession contract for waste-water treatment. At the same level, the delegation and corporate PSP types and the concession & management contracts were selected for the operation of domestic facilities & supply to municipalities. But at the service level, the management and service contracts were proposed under the corporate & administrative contracts type for service providing to consumers. The legal side of PSP in sector management was guaranteed by the national laws mainly water law, Basic Laws and its amendments and the Local Organizations Law No. 1/1997 supporting the PSP in the management process of the sector. II ا إن ا# ف ا! إدارة در ا ه ھ ت ه دة ة )'و, وھ*ا ( 1 0 /.ل , + 2' )9 78 8ر 7 أ15ب اار. أ ت ?< إدارة =ع ا ه ; ا!را: اA<' ا1)< * ?م D 1996 -1995 إ8Cء < ا ه اA<' ,+ ع ا ه و') ?< , + إدارة =ع ا ه H(I اGن. E>F ھ *ه ا را ا D A>(J ? ا), ت ا2' اK=< وا و Kدارة =ع ا ه و L ھ*ه ا), ت =ع ا ه. إن ا8(< ا) و)# ھ*ه ا را '+ إH =' وھ ا'+ اC C واKطر ا), Kدارة اع. I M + ا)J ام آ E>F , M1 ا D ا اC ا! ا!رD وھ (=C ن ا ه و =C ن ا P و =C ن اOرا? و=C ن ا1 اD) ورTD #(C# اSD, و+ إ?دة ء اKطر ا), ء ?<H #م I '2 7'9 CE ?< 0 ا اC و ء ?<H دئ إدارة در ا ه ا8) و?<H أV اKطر اKداري واCK). و)OOD ا!;(ر اوI ; ا را ; + ?7 .ت Y أ15ب اار I E>F M ا.ت PD ا) ن 1) ي ?<H اI >P ل اKطر اC C وا2' <ع. إ?) ت ھ*ه ا را ?<H أن < ا ه اA<' و < دة ا P و وزارة اOرا? ووزارة ا1 D)وا ا2'ت ذات اD.= وا!=ب ), + وا= =ع ا ه واف اH>? 1 ا') ي ا), وا0C ] /.;ت ; 5 I.5 ^ ه ھ*ه ا2'ت ; ا اC , وأ 0C H>? ھ*ه ا2'ت ا)Dون وا)' [ ; #+ )1 [ ا# ف ھ*ه ا اC ھ وا:` و ص ?< 0 ; ھ*ه ا اC . و( و أ0C ] ا)D اد ?< <)' [ وا)Dون ; # 8ر اD< ت ; #+. وو:E1 ھ*ه ا را ?<H أن <V ا ه اA<' ھ ااb < ا ه اA<' وDC5 اار ?<H ا') ى ا' وھ+ ا<V ا)D8 اA<' و<V ا زراء اA<' . و( ا)( ا1 V> ا ه اA<' ھ ا'9 اc 'D م = 0 #0 ; / =ع ا ه واف ا .1*e + ا=)اح إ إ?دة ا), + ا# (< )( ا<V او 7I ا<V و*e ` < ا ه ا'>A H>? اY F 75 ا') ى ا' . أو ت ھ*ه ا را أن اا Y اC C Kدارة =ع ا ه (D H> ? أرD = اC رc ' وھ =C ن ا ه و=C ن ا P و=C ن اOرا? و=C ن ا1 اI ,D M 8رE ھ*ه ا اC ا!رVAC D اA# م ; اJAت واD ت.
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