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ECONOMIC COMMISSION FOR EUROPE Geneva WATER SERIES No. 4 TRANSBOUNDARY WATER COOPERATION TRENDS IN THE NEWLY INDEPENDENT STATES UNITED NATIONS New York and Geneva, 2006 NOTE The designations used and material presented in this publication do not constitute an expression by the United Nations Secretariat of any opinion concerning the legal status of any country, territory, town or region, or concerning their authorities or the delimitation of their frontiers. ECE/MP.WAT/16 UNITED NATIONS PUBLICATION Sales No. E.06.II.E.8 ISBN 978-92-1-116942-3 ISSN 1020-0886 iii FOREWORD Cooperation on transboundary waters is a cornerstone of UNECE environmental activities. This is manifested in the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention) and its Protocols on Water and Health (1999) and Civil Liability (2003). With the emergence of new countries in the 1990s, new frontiers cut through Europe. As a result, the Danube river basin, Europe’s largest, is now shared by 18 countries. The rivers Daugava-Zapadnaya Dvina, Dnieper, Kura, Syr Darya and Amu Darya as well as Lake Peipsi-Chudskoye Ozero also became transboundary waters after the break-up of the Soviet Union. The process of change in Europe poses new and compelling challenges to regional cooperation in general and to cooperation on environment and security in particular. The newly independent States 1 require special attention. Managing their transboundary waters, including allocating water among users in sovereign States, now requires in many cases a new and jointly negotiated legal and regulatory framework. The present publication is the outcome of the UNECE Water Convention’s project on “Transboundary water cooperation in the newly independent States”, which aimed to establish bilateral and multilateral cooperation and secure the adoption of measures for strengthening it. Cooperation and dialogue on problems of shared water resources to prevent conflicts and contribute to confidence building are part both of the Environmental Strategy for Countries of Eastern Europe, the Caucasus and Central Asia and of the corresponding component of the EU Water Initiative. UNECE and in particular its secretariat for the Convention on the Protection and Use of Transboundary Watercourses and International Lakes will continue to play a leading role in programmes and initiatives aimed at achieving the sustainable management of water resources in the region. Marek Belka Executive Secretary Economic Commission for Europe 1 The 12 countries referred to in this publication as the “newly independent States (NIS)” are: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. All these countries are also members of the Commonwealth of Independent States (CIS). iv INTRODUCTION Part I of the publication examines existing transboundary cooperation, including bilateral and multilateral agreements. It highlights the problems facing NIS countries and provides examples of new developments and trends of cooperation on transboundary waters. It draws conclusions and recommends action to improve the implementation of existing agreements and draw up new agreements in line with the basic principles of the UNECE Water Convention. These actions include: drafting and implementing legislation; setting up and strengthening national organizations and joint bodies as well as a system of consultation and mutual assistance; monitoring and assessment; access to information and public participation; and planning for river basin management. Part I also proposes measures regarding demonstration projects, programme development and financing by donors. Implementation measures and follow-up activities are also examined. Part II of the publication sets out best practice, trends and bottlenecks in transboundary water cooperation for all 12 newly independent States as well as large transboundary river basins, such as the Aral Sea, Seversky Donets and Dniester basins. The practice of international organizations adds value to the experience of all these countries and will help them in their future work. The partners that helped to implement and fund the project were: the United Nations Economic Commission for Europe (UNECE); the United Nations Environment Programme’s Regional Office for Europe (UNEP/ROE); the Ministry of Natural Resources of the Russian Federation; the Swedish Environmental Protection Agency; and the Agency for Environmental Assessments (Ecoterra), a Russian non-governmental organization. As the first stage of this project a workshop was convened to address bilateral and multilateral cooperation on transboundary waters in the NIS region (Moscow, 31 March - 1 April 2003). It brought together representatives of UNECE countries, among them 11 NIS, as well as representatives of NGOs and international organisations. The material prepared by the experts participating in the workshop played an extremely important role. The work done by Mr. Nikolay Grishin (Ecoterra) to bring together and edit the material was very valuable. The priorities identified in this publication for future joint activities are now being further developed and implemented by UNECE and other partners in the region. One of these activities is the project on “Capacity for water cooperation” (CWC project). In accordance with the Convention it will facilitate the exchange of experience between joint bodies, such as river basins organizations, and countries of the NIS region and elsewhere. The project has a dual aim. On the basis of the outcome of the Moscow workshop it is necessary, firstly, to create a framework for exchange of experience among representatives of the NIS and, secondly, to facilitate at the same time the transfer of experience from successful institutions within and outside the region. This long-term capacity-building project will be developed around a series of workshops for NIS decision-makers and experts between 2004 and 2007. The CWC project has links to other European programmes and initiatives on the sustainable management of water resources. v CONTENTS FOREWORD INTRODUCTION PART I TRANSBOUNDARY WATER COOPERATION IN THE NEWLY INDEPENDENT STATES N. Grishin, F. Bernardini, R. Enderlein and B. Libert 1. Introduction…………………………………………………………………………… 3 2. Transboundary waters in the NIS region……………………………………………… 3 3. Regional and global conventions…................................................................................ 3 4. Transboundary water agreements before and after the break-up of the Soviet Union… 5 5. Trends and bottlenecks………………………………………………………………… 6 6. Recommendations for further development of cooperation on transboundary waters… 7 7. Mechanisms for implementation and follow-up………………………………………. 11 Annex 1. Transboundary water basins and relevant agreements in the NIS…………… 13 Annex 2. Map of transboundary rivers and lakes in the NIS…………………………… 17 Annex 3. Bilateral and multilateral agreements in the NIS on transboundary waters….. 18 Annex 4. Examples of environmental agreements in the NIS…………………………... 30 Annex 5. Examples of draft agreements proposed or under negotiation in the NIS……. 32 Annex 6. Participation of NIS in UNECE multilateral environmental agreements…….. 33 PART II PROSPECTS FOR WATER COOPERATION IN THE NIS REGION Status of transboundary waters and implementation of international agreements in the Republic of Azerbaijan…………………………………………………………….................... 35 M. Adigezalova Water resources of the Republic of Azerbaijan and their use…………………………………. 37 N. Kazibekov Armenia’s cooperation with a number of countries on transboundary water resources………. 41 O. Kirakosyan Transboundary aspects of resource formation and surface water quality in the Republic of Belarus……………………………………………………………………………………… 43 A. Rachevsky Brief review of the status of Georgia’s cooperation with a number of countries on environmental protection and the protection of transboundary waters in particular……….. 48 I. Mtskhvemadze vi Cooperation of the Republic of Kazakhstan with adjoining States on transboundary water issues………………………………………………………………………………… 51 N. Kipshakbaev Kyrgyzstan - outline of water policy in the light of internal problems……………………. 59 K. Valentini Management and prevention of pollution of the water resources of the Republic of Moldova - problems and solutions…………………………………………… 62 T. Guvir Status of international cooperation on the protection and use of transboundary waters in the Russian Federation…………………………………………… 66 E. Zybin Problems of the protection and use of Russia’s transboundary watercourses having regulated water regimes…………………………………………………………........ 69 V. Debolsky Partnership - the basis of the joint management of the water resources of the Aral Sea basin……………………………………………………………………………….. 72 A. Kholmatov The water resources of Turkmenistan and their transboundary aspects…………………….. 77 M. Nepesov Assessment of the transboundary aspects of the water resources of the Republic of Uzbekistan……………………………………………………………………… 81 L. Frank and P. Abdurakhmanov Cooperation on the transboundary waters of Ukraine………………………………………... 84 N. Nagula Experience of transboundary cooperation in the Seversky Donets basin……………………. 87 V. Antonenko Experience of the programme of cooperation on transboundary waters of the Swedish Environmental Protection Agency…………………………………………………………… 93 N. Munthe and S. Lundberg Regulation by the United Nations Economic Commission for Europe of Environmental