Compliance procedure under the Protocol on Water and Health

1
Compliance procedure under the Protocol on Water
and Health

• Diana Iskreva,
• member of the Protocols Compliance Committee
• Workshop on Water and Health
• Bucharest, 15 May 2008

2
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.

3
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.

4
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.

5
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.

6
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.

7
Potential cases of non-compliance can be brought
to the Committees attention through three
mechanisms

• Submissions
• Referrals
• Communications.

8
Submissions by a Party

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

9
Referrals by the Secretariat

• Refer to the issue of compliance brought to the
  Committees 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.

10
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.

11
Development of the practical mechanism to trigger
the Compliance Committee

• First draft to be discussed during the 3rd week
  of September 2008.

12
Thank you for your attention!

• Suggestions and recommendations are welcome
• diskreva_at_earthforever.org