Compliance procedure under the Protocol on Water and Health

Diana Iskreva, member of the Protocol’s Compliance Committee Workshop on Water and Health Bucharest, 15 May 2008

Objectives of the compliance procedure To facilitate, promote and secure compliance with the obligations under the Protocol, with a view to prevent disputes, by:  (a) Addressing cases of non-compliance by Parties; and  (b) Providing advice or assistance to Parties, where appropriate.

Objectives of the compliance procedure, cont.

 The compliance procedure is to be simple, facilitative, non-adversarial and cooperative in nature, and its operation will be guided by the principles of transparency, fairness, expedition and predictability.

Objectives of the compliance procedure, cont.

 The compliance procedure is to be conducted bearing in mind the interests of the Party facing difficulties, of the Parties as a whole and of population potentially or actually adversely affected by non-compliance.

Structure of the Compliance Committee  Consists of nine members, serving in their personal capacity and objectively, in the best interests of the Protocol.

 Nominated by the Parties and elected at the Meeting of the Parties.

 Consideration is given to the geographical distribution of membership and to diversity of experience and expertise.

Functions of the Committee  Considers any submission, referral or communication related to specific issues of compliance.

 Prepares, at the request of the Meeting of the Parties, a report on compliance with or implementation of specific provisions of the Protocol; and  Monitors, assesses and facilitates the implementation and compliance with the reporting requirements.

Potential cases of non compliance can be brought to the Committee’s attention through three mechanisms:  Submissions;  Referrals;  Communications.

Submissions by a Party  Refer to an issue of compliance brought before the Committee by a Party having reservations on another Party’s compliance (party-to-party trigger). Submissions must be supported by corroborating information.

Referrals by the Secretariat  Refer to the issue of compliance brought to the Committee’s attention by the Secretariat when it becomes aware of possible non-compliance by a Party, when the matter is not settled through consultation with the Party concerned, but only upon consideration of the reports submitted by the Parties in accordance with the Protocol.

Communications from the public  Refer to the trigger by the public, e.g. individuals or organizations. Communications must be non-anonymous, must confer to the right of making communications, must be reasonable, and compatible with the provisions of the compliance procedure or with the Protocol. Communications by the public are important to safeguard the interests of population and their rights to safe drinking water and health.

Development of the practical mechanism to trigger the Compliance Committee First draft to be discussed during the 3rd week of September 2008.

Thank you for your attention!

Suggestions and recommendations are welcome: [email protected]