INTEGRITY ASSESSMENT OF THE WATER SECTOR IN THE oPt
Water Governance Programme for Arab States (WGP – AS)
Inception Report
15th November, 2011
1
Table of Contents
List of Abbreviations ...................................................................................................................... 3
I.
II.
INTRODUCTION ..................................................................................................................... 4
SUMMARY OF WORK AND ACTIVITIES COMPLETED (MOBILIZATION & PREPARATION PHASE)
4
III.
WATER SECTOR REFORMS AND THE WATER SECTOR INTEGRITY ASSESSMENT ..................... 7
IV.
REVISED APPROACH AND METHODOLOGY ........................................................................... 8
V.
NEXT STEPS- REVISED WORK PLAN .................................................................. 18
VI.
CHALLENGES; DELAYS, PROBLEMS ENCOUNTERED AND ISSUES RESOLVED ................ 20
ANNEX 1: LIST OF STAKEHOLDERS MET ....................................................................... 21
ANNEX 2: MINUTES OF MEETING – INCEPTION WORKSHOP .............................................. 23
ANNEX 3: WIA TERMS OF REFERENCE ........................................................................ 26
2
List of Abbreviations
AMAN
ARIJ
CMWU
EQA
GCDT
GDTA
GIZ
GS
HWE
INGO
IWSR
JICA
JWU
LGUs
MoA
MoE
MoF
MoPAD
MoPW
NGO
NRO
oPt
PCS
PHG
PNGO
PIU
PMU
PRA
PRU
PWA
RBAS
SIWI
TOR
TPAT
UNDP/PAPP
WB
WBWD
WGF
WGP– AS
WIA
WSSA
WSR
Coalition for accountability and integrity, transparency
Palestine
Applied Research Institute of Jerusalem
Coastal Municipalities Water Utility
Environment Quality Authority
General Committee for Procurement and Tendering
General Directorate for Technical Affairs
Deutsche Gesellschaft für Internationale Zusammenarbeit
Gaza Strip
House of Water and Environment
International Non Governmental Organization
Institutional Water Sector Review
Japan International Cooperation Agency
Jerusalem water undertaking
Local Governance Units
Ministry of Agriculture
Ministry of Economy
Ministry of Finance
Ministry of Planning and Development
Ministry of Public Work
Non Governmental Organization
Norwegian Representative Office
occupied Palestinian territory
Partners in Creative Solutions
Palestinian Hydrology Group
Palestinian Non Governmental Organization
Policy Implementation Unit
Project Management Unit
Participatory Rapid Appraisal
Procurement Unit
Palestinian Water Authority
Regional Bureau of Arab States
Stockholm International Water Institute
Terms of Reference
Technical and Planning Advisory Team
United Nations Development / Program Programme of
Assistance to the Palestinian People
West Bank
West Bank Water Department
UNDP/PAPP Water Governance Facility at SIWI
Water Governance Programme for Arab States
Water Integrity Assessment
Water Supply and Sanitation Authority
Water Sector Reform
3
I.
INTRODUCTION
In line with the water sector reform initiated by the Palestinian Water Authority (PWA), the Water
Integrity Assessment (WIA) in the occupied Palestinian territories (oPt) has been developed in joint
collaboration between PWA, United Nations Development Programme / Programme of Assistance
for the Palestinian People (UNDP/PAPP) Water Governance Facility (WGF) at Stockholm
International Water Institute (SIWI), UNDP/PAPP/PAPP and the Regional Bureau of Arab States
(RBAS) Regional Water Governance Programme for the Arab States (WGP-AS). The task is jointly
funded by WGF and WGP-AS.
The Task is being implemented by “Partners in Creative Solutions” (PCS), with cooperation and
direct supervision of UNDP/PAPP team and PWA. The starting date of the task was the 8th of
August, 2011.
The WIA aims at contributing towards improving water service delivery and water resources
management in oPt through the strengthening of integrity and accountability systems in the water
sector.
UNDP/PAPP and PWA stated specific objectives that need to be achieved by the assessment,
these are:




To "unbundle" corruption risks in the water sector, such as analyzing of stakeholder
interfaces in relation to service delivery, contracting out services, procurement and
water resources management;
To identify particular areas and interfaces of high corruption risks in water sector and to
the extent possible, measure the levels of corruption and associated costs;
To be part of and to inform the ongoing water governance reform process with regard
to the institutional development needs.
Lay the ground for developing a long term programme to promote water integrity.
This report was prepared based on the task agreement, to presents the results and findings of the
inception phase.
II.
SUMMARY OF WORK AND ACTIVITIES COMPLETED (MOBILIZATION & PREPARATION PHASE)
Since signing the agreement with the UNDP/PAPP to implement the project, PCS team was able
to conduct the following:
Initial introductory Meetings:
PCS conducted several introductory meetings with stakeholders including the following (see annex
1 for a list of the interviewees):
1. PCS conducted three introductory meetings with UNDP/PAPP (two with Jerusalem team
and one with Gaza team), and one with PWA in Ramallah.
4
2. Upon the introductory meetings, PCS started to prepare a list of all the stakeholders:
organization, and persons who are involved in the water sector. The initial List was shared
with UNDP/PAPP and PWA and it will be updated based on new findings.
3. A workshop with PWA different departments and key persons was conducted aiming at
introducing the task and getting feedback from PWA staff involved in the process of
implementing the assessment. The workshop was attended by three representatives of
UNDP/PAPP and eight PWA representatives, including Mr. Ayman Jarar, Ms. Lama
Barghouthi-Project Management Unit (PMU )/PWA, Ms. Rawan Isaeid- Procurement Unit
(PRU)/PWA, Raed Sawafteh PRU/PWA, Mr. Hazem Kitaneh- General Directorate for
Technical Affairs (GDTA) and Mr. Fahmi Mustafa-West Bank Water Department (WBWD).
4. A stakeholders’ workshop was originally intended to be organized on the 22 nd of
September, however this unfortunately coincided with the Palestinian UN state bid and
had to be postponed due to security concern. The rescheduling of the workshop was
problematic due to diary constraints on the key participants. As a result, and after
consultation between PCS, UNDP/PAPP and PWA, it was agreed to adapt parallel
methodology that include both face to face meetings and stakeholders joint workshop.
PCS utilized the delay that was made by initiating contact with various stakeholders and
conducting face to face meetings as well as preparation for the workshop and the initial
inception report.
5. Introductory e-mails presenting the assessment project were sent to key persons and
relevant organizations requesting face to face meetings.
In-Depth Meetings and interviews:
PCS conducted several interviews with concerned parties in the Palestinian water sector to
introduce the project and get their feedback, including the following (see annex 1 for the list of
those interviewed):
1. Meetings with Donors: In the West Bank (WB), PCS conducted several meeting and
interviews with key donors working in the water sector including Swedish International
Development Cooperation Agency (SIDA), Norwegian Representative Office (NRO),
UNDP/PAPP-Local governance support program, German Development Agency (GIZ),
Japan International Cooperation Agency (JICA), and the World Bank;
2. Meetings with NGOs: PCS conducted meetings with NGOs working in water sector:
Applied Research Institute Jerusalem (ARIJ), Palestinian Hydrology Group (PHG), House of
Water and Environment (HWE) and with AL-Madina a private consultancy firm in Gaza;
3. Meeting with governmental bodies and programmes: PCS conducted meetings with
MoPAD and the TPAT Program and in Gaza the research team met with EQA;
4. Meetings with water service providers: The research team met with Water Supply and
Sanitation Authority (WSSA) in Bethlehem and the Coastal Municipalities Water Utility
(CMWU) in GAZA.
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Desk review of relevant documentation:
In line with conducting the meeting and interviews, PCS started collecting relevant documents and
references for literature review and has started doing the desk study of these documents, the
documents collected so far are:
1. Amnesty International (2009) Troubled waters - Palestinians Denied Access to Water;
2. Baseline Water Integrity Survey (2009): Baseline Survey on Water Integrity in the UGANDA
water supply and Sanitation Sector (WSS);
3. World Bank (2008) Deterring Corruption and Improving Governance in the Urban Water
Supply and Sanitation Sector: A source Book;
4. European Commission (2008) Sector Governance- Analyzing and addressing governance in
sector operation;
5. PWA (2011) Executive Summary of the Water Supply and Wastewater Strategy from 2011 –
2013;
6. TPAT (2011) GIZ-Emergency Capacity Building Project to the Palestinian Water Authority:
Inception report;
7. Global Corruption report (2008)- Corruption in the Water Sector- Transparency
International- Cambridge University press- Water Integrity Network;
8. Hydrosult in cooperation with CEP (2011), Institutional Water sector Review in Palestinefinal report;
9. UNENSCAP Good governance:
http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp
10. EQA Authority (2008): Environment Sector Strategy: Executive Summary;
11. PWA (2000), Water Sector Strategic Planning Study;
12. PWA (2009) Water Governance Programme Report- building the capacities of institutional
reform of the Water Sector;
13. Reform of the Water and Wastewater Sectors in the Occupied Palestinian Territory “PWA
Action Plan for” Reform” (2009), Palestinian National Authority Cabinet of Ministers.
14. Risk Opportunity Mapping Study(2009): UGANDA: Risk/Opportunity Mapping Study on
Integrity and accountability in the water supply and Sanitation Sector;
15. CIPFA (2004) The Good Governance Standards for public service, the independent
Commission of good governance and public service;
16. AMAN / GIZ (2009) Transparency and integrity Ambience in the Palestinian Water Sector.
17. Transparency International (2008) Global Corruption report Corruption in the Water SectorCambridge University press- Water Integrity Network;.
Inception Workshop:
PCS together with UNDP/PAPP and PWA arranged for an inception workshop with the
stakeholders. The aim of the workshop was to present the integrity assessment task and get
feedback on the assessment process. Details on the workshop are presented in annex 2. The
discussion during the workshop was reflected in the modification of the methodology and in the
inception report. The main issues tackled issues were:
-
The methodology should be built on clear indicators and clear definition of these indicators;
6
-
-
-
III.
The data of the assessment must be validated;
It is important to distinguish between mismanagement and corruption;
The suggested working group is to be functional working group rather than committee;
A long discussion took place regarding the purpose of the task, its linkage to the reform as
well as the possibility of having the hidden agenda behind it. The debate that ensued
covered the issue of the timing of the task within the reform process as there were
concerns of overlap and the linkages between the WIA and Technical and Planning
Advisory Team (TPAT) were also explored;
It was clarified that the task falls within the reform program and its outputs will feed into
the work TPAT is involved in. The task is to assess the integrity system in the water sector
which includes 5 integrity criteria aimed at identifying the areas and gaps in the system that
might produce risks of corruption;
It was suggested to add a separate part of the task to highlight area of risk for corruption
that is beyond the PWA and Palestinian control;
The task should distinguish between perception and experience of corruption in the
consumer survey phase.
WATER SECTOR REFORMS AND THE WATER SECTOR INTEGRITY ASSESSMENT
The Palestinian National Authority Cabinet of Ministers endorsed an “Action Plan for Reform” in
2009. Part of the action plan is to include the reform within the Water sector with the following
objectives:


With regards to institutions, the Sector Reform will establish strong (capable) and
sustainable institutions within a legal framework that clearly defines their roles,
responsibilities and the interface (relationship) between them.
With regards to water resources management and service provision, the Sector Reform
will help to build the institutional knowledge, policies, and monitoring and enforcement
capacities, as part of an effort to achieve a more sustainable water resources management
strategy and better service provision.
The Sector Reform will be articulated in the following components:



Institutional Water Sector Review (IWSR)
Drafting of the Water Law
PWA Organizational Reform
Following to IWSR, the TPAT program is taking place to provide transitional technical assistance
and capacity building to PWA towards advising and supporting Sector Reform implementation,
updating sector strategies, and strengthening the PWA’s overall capacity to fulfill the institutions
mandate.
7
As stated in the TOR1, the assessment would complement the institutional review of the sector by
identifying priorities and needs specifically related to water integrity. In order to avoid duplication,
the proposed assessment should build on the ready existing or planned studies of PWA (the water
governance program and the institutional review). The WIA is an integral part of the Water Sector
reform program (as stated in third specific objective of WIA)2 that is taking place at the PWA (IWSR
and TPAT); It is important to note that:
1. The water integrity assessment focuses on the sector as a whole and PWA as the main
actor in it.
2. There is other work that is taking place regarding the formulation of water law, and a new
draft has been issued and will be considered in implementing WIA.
3. To avoid any overlap, and to better use the resources and efforts, TORs of both the TPAT
and water integrity assessment were reviewed to clearly identify areas of common work
and to coordinate in the implementation of the two tasks. Minimal overlap was identified
between the two initiatives, since WIA only deals with integrity issues and TPAT focus on
providing technical assistance to PWA and building their capacity in general. The WIA will
be integrated with the TPAT and cooperation is encouraged and agreed on by the
implementing parties. It is expected that the results of the output of the Water integrity
Assessment will serve as an input for the TPAT program. In Particular, TPAT can integrate
the assessment’s recommendations to design the capacity building program for PWA.
IV.
REVISED A PPROACH AND METHODOLOGY
During the inception phase, and upon the consultation with the stakeholders, PCS was able to
modify its approach and methodology for more applicable implementation. PCS during this phase
was able to conclude the following:
1. Risk of corruption, bad governance or miss-management can occur at all levels of the
sector. Therefore governance, management and finance levels are to be targeted including
collection of revenues, licensing and fees, procurement of goods and services and
investment in the water sector;
2. The absence of inadequate systems, roles and regulations and procedures are a fertile
ground for mismanagement and corruption;
3. The methodology will utilize several methodical tools in conducting the assessment and
not to rely on one specific method. The vertical integration of the various methods chosen
at the inception stage constitutes the methodology, which includes a presentation,
definition and explanation of analytic concepts as well as a strategy to compare data (to be
collected) against these concepts. Interviews and focus groups in addition to organizing
workshops are the chief methods by which the concepts (presented, defined and explained
http://killefitconsult.files.wordpress.com/2012/02/palestine-tor1.pdf 1
2
(To be part of and to inform the ongoing water governance reform process with regard to the institutional
development needs)
8
below) will be confronted with the data (as stated by representatives of the stakeholders)
to be collected in the field;
4. Stakeholders’ participation of in the initial planning phase is important to raise their
willingness to participate in the assessment process and to take ownership of the project;
5. To coordinate work fully with PWA and TPAT team during the implementation process;
6. To communicate with WGF, UNDP/PAPP and PWA throughout the implementation
process to ensure common understanding of the task and update them on progress made
and challenges faced during the implementation;
Consequently, PCS will take into consideration the following:
1- It is very important that stakeholders are actively involved in the process especially during
the preparation phase and throughout the entire consulting process. It is therefore
recommended to put together a working group made up of the main stakeholders who can
guide and advise the consultants and later communicate the findings within their
respective organizations. It is proposed that the group be composed of representatives
from UNDP/PAPP, WGF, PWA, Ministry of Planning and Development (MoPAD), Ministry
of Local Government (MoLG), representatives of Water Service Providers, and concerned
Civil Society organizations. The optimal composition of the working group would also
include the Coalition for accountability and integrity, Transparency Palestine-(AMAN) and
TPAT.
2- It is important that the implementation phases build on each other and can be used to
validate findings gained by utilizing various research methods and approaches.
3- It is more effective and practical to start with the stakeholder mapping phase before the
checklist/questionnaires are developed since this would make the questionnaires more
tailor-made.
4- It is recommended within the context of the assessment to focus on systems and not
individuals to reduce conflicts and sensitivities hereby encouraging participation in the
assessment.
In assessing the integrity system in the oPt, PSC will therefore measure the availability of the main
components of any integrity system, which are:
-
Transparency;
Accountability;
Participation.
These formulate the main parts of the 8 major characteristics of good governance, which must be
participatory in nature, consensus oriented, accountable, transparent, responsive, effective and
efficient, equitable and inclusive, and follow the rule of law. This will assure that corruption is
9
minimized, the views of minorities are taken into account and that the voices of the most
vulnerable in society are heard in decision-making.3
Participation by both men and women is a key cornerstone of good governance. Participation
could be either direct or through legitimate intermediate institutions or representatives. It is
important to point out that representative democracy does not necessarily mean that the concerns
of the most vulnerable in society would be taken into consideration in decision making.
Participation needs to be informed and organized. This means freedom of association and
expression on the one hand and an organized civil society on the other hand.
Transparency means that decisions taken and their enforcement are done in a manner that
follows rules and regulations. It also means that information is freely available and directly
accessible to those who will be affected by such decisions and their enforcement. It also means
that sufficient information is provided and that it is provided in easily understandable forms and
media.
Effectiveness and efficiency: Good governance means that processes and institutions produce
results that meet the needs of society while making the best use of resources at their disposal. The
concept of efficiency in the context of good governance also covers the sustainable use of natural
resources and the protection of the environment.
Responsiveness: Good governance requires that institutions and processes try to serve all
stakeholders within a reasonable timeframe.
Accountability is a key requirement of good governance. Not only governmental institutions but
also the private sector and civil society organizations must be accountable to the public and to
their institutional stakeholders. Who is accountable to who varies depending on whether decisions
or actions taken are internal or external to an organization or institution. In general an organization
or an institution is accountable to those who will be affected by its decisions or actions.
Accountability cannot be enforced without transparency and the rule of law.
Consensus oriented: There are several actors and as many view points in a given society. Good
governance requires mediation of the different interests in society to reach a broad consensus in
society on what is in the best interest of the whole community and how this can be achieved. It
also requires a broad and long-term perspective on what is needed for sustainable human
development and how to achieve the goals of such development. This can only result from an
understanding of the historical, cultural and social contexts of a given society or community.
Equity and inclusiveness: A society’s well being depends on ensuring that all its members feel that
they have a stake in it and do not feel excluded from the mainstream of society. This requires all
groups, but particularly the most vulnerable, have opportunities to improve or maintain their well
being.
3
http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp
10
Rule of Law: Good governance requires fair legal frameworks that are enforced impartially. It also
requires full protection of human rights, particularly those of minorities. Impartial enforcement of
laws requires an independent judiciary and an impartial and incorruptible police force. It also
includes Does a law with its bylaws exist for a certain issue? If so- to what extent is it (a) respected
and (b) enforced by higher authority?
Any analysis of good governance can be summarized as4:






Focusing the organizations’ purpose on the outcomes for citizens and service users;
Performing effectively in clearly defined functions and roles;
Promoting values for the whole organizations and demonstrating the values of good
governance through behavior;
Taking informed and transparent decisions and managing risks;
Developing the capacities and capabilities of the governing body to be effective;
Engaging stakeholders and making accountability real.
Integrity: is a prerequisite to achieving good governance, as good governance is about rule of law,
accountability, transparency and participation. Integrity is hereby correlated with good
governance. The assessment of the integrity system is thereby a first step towards building an
integrity system which in itself can lead to strengthening of good governance and the
minimization of the risk of corruption and mismanagement.5
Integrity is a prerequisite to achieving good governance, as good governance is about rule of law,
accountability, transparency and participation. Integrity is hereby correlated with good
governance. The assessment of the integrity system is thereby a first step towards building an
integrity system which in itself can lead to strengthening of good governance and the
minimization of the risk of corruption and mismanagement.6
Mismanagement: Mismanagement ranges from making poor decisions to breaking rules for
personal gain. This includes managing ineffectively, incompetently, carelessly, or wrongly.
Consequently, the higher levels of mismanagement (breaking rules for personal gain) is a tangible
form of corruption that means – the abuse of entrusted power for personal gain – can be found in a
vast range of interactions at all levels and in all aspects of the water sector7.
4
The Good Governance Standards for public service, the independent Commission of good governance n public service, 2004
5
Integrity is synonymous with honesty and refers to the need of public, private and civil society sector representatives
to be honest in carrying out their functions and resist corruption. It requires that holders of public or private office
don’t place themselves under any financial or other obligations to individuals or organizations that may influence their
ability to perform their duties. (Training manual in water integrity. SIWI, WIN, Cap-Net and Water Net)
6
Integrity is synonymous with honesty and refers to the need of public, private and civil society sector representatives
to be honest in carrying out their functions and resist corruption. It requires that holders of public or private office
don’t place themselves under any financial or other obligations to individuals or organizations that may influence their
ability to perform their duties. (Training manual in water integrity. SIWI, WIN, Cap-Net and Water Net)
7
Transparency International (year)
11
Stakeholders Participation in WIA
The following table presents the primary involvement of different stakeholders in the process of
the assessment.
Stakeholders
Phase(2)
Tools
Development and
Stakeholder
Mapping
UNDP/PAPP
Supervision,
Consultation
feedback
Phase
(3)
Corruption
Risk
and PWA baseline
study
(Integrity
Risk Assessment)
Supervision,
and Consultation
feedback
Phase
Customers
perception
Corruption
(4) Phase
Reporting
on
Supervision,
and Consultation
feedback
(5)
Feedback and
and comments
Meeting, e-mails, Meeting, e-mails, Meeting, e-mails,
document
document exchange document
exchange
exchange
WGF
Consultation
feedback.
and Consultation
feedback.
and Consultation
feedback.
and Consultation
and feedback.
Meeting, e-mails, Meeting, e-mails, Meeting, e-mails, Meeting,
document
document
document
mails,
document
exchange.
exchange.
exchange.
exchange.
PWA
TPAT
Consultation,
Consultation,
information
information
gathering
and gathering
and
analysis
and analysis
feedback
Focus
groups,
Focus
groups, meeting
meeting
Consultation,
Consultation,
exchange
exchange
documents
and documents
feedback
feedback
meetings
meetings
12
Consultation,
information
gathering
analysis
Focus
meeting
meetings
Feedback and
comments
and
groups/
Consultation,
exchange
and documents
feedback
e-
Consultation,
and feedback
and
line Ministries
(MoA,
MoPAD,
MoPW, MoLG MoF,
EQA)
Information
gathering,
Meeting,
groups
Donors
(SIDA, GIZ, WB,JICA.
NRO,…Etc)
INGOs + PNGOs
focus Meeting,
groups.
Information
gathering,
Information
gathering,
interviews
Interviews.
Information
gathering,
Information
gathering,
Interviews
groups.
Suppliers
(PWA, Information
WBWD, private wells) gathering.
Interviews
group.
Service
providers
(LGUs, JWU, WSSA
and Gaza Coastal
Municipalities Water
Utility (CMWU))
Information
gathering
focus Interviews
groups.
Information
gathering.
focus Interviews
groups.
Information
gathering,
Interviews,
group
13
Support
and feedback
consultation
the
sample
selection
(i.e.,
agricultural
water users,)
focus
Feedback
Feedback
focus
Information
gathering.
focus Interviews
groups.
focus
Information
gathering
focus Interviews,
groups
focus
Information
gathering
End Users
Interviews,
groups
focus
Next steps- Revised work plan
Consequently PCS will implement the assessment in the following manner:
1) Phase One: Inception Phase
The inception and preparation phase has been started and to be completed by the end of October
and this report presents the result and findings of this phase.
2) Phase Two: Tools Development and Stakeholder Mapping
Participatory approach will be used as a particular form of qualitative analysis. It will be used to
gain an in-depth analysis of the stakeholders’ status. The most known PRA methods and tools will
be adopted, this will include; data from secondary and primary resources, direct observation, semistructure interview, and focus group.
Desk review: The stakeholder mapping of the ongoing initiative through reviewing the relevant
documents that identify key stakeholders in the water sector, facts finding meetings with
stakeholders and collection of all relevant secondary data.
Mapping Checklist: In order to get information on the stakeholders, the checklist will be utilized as
guidance for the discussion in the PRA sessions and focus groups. The checklist will include the
following information:
1. Stakeholder Groups including regulators, services providers and suppliers.
2. Stakeholder name
3. What is the level the stakeholder acts within?
4. Analysis of the Stakeholders in terms of:

How the stakeholder is governed ( the Standards)

The role and responsibilities in the sector (Standards)

Forms of oversights (accountability)
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
Forms and tools of transparency

Forms and levels of participation

The ethic infrastructure
5. Identify areas of cooperation and overlapping between the stakeholders’ groups
Interviews and focus group: PCS will conduct interviews with the main stakeholders’
representatives including UNDP/PAPP/PAPP, PWA, partners, local, district and national level
authorities, as well as key informant and researchers in the water sector.
The primary data will be collected through the developed checklist within the focus groups which
will be comprised of services providers, suppliers and regulators on the national and local levels.
At a different level, the PCS team and upon the primary findings of the stakeholders’ mapping will
work on developing the following checklist:
Checklist for baseline study of Corruption Risk at PWA- this checklist will be built on
1. The five integrity criteria (standards, oversight, transparency, participation and ethic
infrastructure8).
2. The checklist will be structured to include water sector three levels; policy planning,
development and regulation (Governance, Supply management and Services providers
levels).
3. Per each criterion, a set of indicators (questions) will be developed to measure the specific
topic of the integrity system.
4. These indicators/ questions will be adopted to fit with the source of information at the
different levels; hierarchy of PWA, NGOs, Donors, governmental bodies, LGUs, and private
sector.
Questionnaire for Survey on Experiences of Corruption and perception of corruption by
Consumers and Service Provider: a questionnaire for getting the experience and perception of
consumers regarding corruption will be developed as well as their satisfaction. The Questionnaire
will tackle issues like:
1.
2.
3.
4.
Transparency and accountability
Access to information
Participation
Level of Satisfaction in services’ delivery; distribution systems, pricing system, equity and
justice, Do no-harm policies and procedures …etc)
5. Risk and areas of corruption from the Consumers point of view.
The finding of the survey will be cross checked with the information to be provided with the service
providers.
Tiri -International Non governmental organization- UK, inventory of integrity system8
15
Milestone of Phase two by the end of this phase the following deliverables are expected:
A stakeholder mapping report will be produced that identifies and categories key stakeholders’
institutions for governance, suppliers and services providers, as well as representation of
consumers and end users.
In addition and as a result of this phase, a checklist for the Baseline Assessment of Corruption Risk
at PWA and a checklist the for the Survey on consumers corruption experiences will be prepared
3) Phase three: Baseline study and Integrity Risk Assessment of Corruption Risks at PWA :
As the corruption risk is the main focus of the phase, PCS will deal with this issue using the
following methodology:
Desk review: More in-depth examination all documents relevant to policies, legislation and
institutional set up to identify policies and sector processes gaps which provide avenue for
increased corruption risk.
Checklist: In order to collect the needed information, PCS will use the developed checklist from
Phase 2, that include policy making, planning, monitoring, implementation (technical and
financial), supply, service delivery processes. The checklist will be based on the above mentioned
criteria, and will take into consideration interfaces between the different processes.
The baseline will target the PWA, MoA, MoE, MoF, MOPAD, MoPW, MoLG, Central Tendering
Committee, WBWD, JWU, WSSA, and samples of representative municipalities, village councils
and joint service council.
It is suggested that the baseline survey at this level to target 15 communities that are to be
selected upon the following criteria:








West Bank/Gaza Strip
Urban/rural/ refugee camps
Areas A/B/C
Different geographical districts and regions both in the Gaza Strip and West Bank (north,
middle, south)
Different community classes (cities, towns, villages, refugee camps)
Different communities populations (for example, less than 1000, from 1000-5000, from
5000-10000 and greater than 10000).
Different types of services provided to communities (Has/ has not water networks
distribution, Has/ has not water source, Has/has not sustainable running water)
Different type of service providers (utility, JWU, Municipalities, village councils, joint service
councils).
16
It is expected that at least one urban community served by utility, two are served by JWU or WSSA,
two by Big municipality, two by joint service councils, 5 by village councils, 3 by private vendors.
Interviews and focus group: PCS will conduct interviews with main stakeholders’ presenting
different levels of the institutional arrangement of water sectors and other identified stakeholders
to diagnose the processes status, gaps with the guidance of the water integrity criteria. The
interviews and focus groups will be conducted both at central and local levels. It is recommended
that the focus groups participants to be homogeneous, where each focus group will include only
representatives from local governorates, service providers, ministries or supplies, to ensure that
the best quality of unbiased information is collected
Milestone Phase three: a baseline study report of Corruption Risks at PWA will be prepared.
4) Phase Four: Customers perception on Corruption
For the purpose of the quantitative data, PCS will utilize the consumer questionnaire as a tool to
collect primary data regarding experiences of corruption the consumers believe they have with the
service providers at the distribution level.
Questionnaire: The developed questionnaire will be reviewed and further developed upon the
discussion and needs that will be done in a participatory manner with the UNDP/PAPP/PAPP, WGF
and PWA and upon the information to be available for the PCS team from the meetings and desk
review.
The questionnaire will be utilized within the 15 communities that are to be selected for the baseline
survey purpose.
PCS, suggest a sample size of 1600. This sample will be of a margin error less than 4% and
confidence interval of 95%, the sample will be distributed among different sector users as follow:



Water users/ customers at Household level = 1200
Water users/ customers at Industrial level = 200
Water users/ customers at agricultural level = 200
The 1600 will be distributed as follow in the different 15 communities




400 in Gaza Strip as served by a utility to cover domestic, agriculture and industrial
purposes.
400 in communities served by JWU or WSSA to cover domestic, agriculture and
industrial purposes.
400 in communities served by Big municipalities to cover domestic, agriculture and
industrial purposes.
400 for communities served by village councils, private venders and joint services
councils.
17
Conducting Case studies: the PCS team will carry out case studies for selected water users to
get qualitative data regarding the task’s objectives. The selection of the case study will be done
after the conduction of the survey for those cases they report actual proven cases of corruption
and after the discussion and approval of UNDP/PAPP/PAPP and PWA and community
representative.
Milestone of Phase four: A quantitative survey report will be developed with the analysis of all the
collected data and it is to be submitted by the end of November.
V.
NEXT STEPS- REVISED WORK PLAN
Below is a revised implementation plan that is based on initial findings:
Phase one: to be completed by end of October, 2011
Phase two: Stakeholder mapping






Review previous mapping studies of key institutions working the water sector.
Provide a detailed sequential timetable for focus groups are going to be interviewed
Conduct meeting, interviews and focus groups with stakeholders for primary data
collection.
Prepare the stakeholder mapping report.
Develop and test checklist for the corruption risk and survey into corruption as
perceived/experienced by the water consumers.
Discuss and approve the tool by the UNDP/PAPP
Phase Three: Corruption risk at PWA baseline study (Integrity Risk Assessment)





Test the checklist for the baseline
Review all the documents in relation to policies, legislation and institutional set up to
identify policy gaps/sector processes.
conduct PRA interviews or/and Focus Groups
Conduct mapping of ongoing process to strengthen integrity and accountability from
outside the sector.
Prepare baseline study report
Phase Four: Quantitative Survey for Customers and service providers





Test the questionnaire developed.
Identify with the support of UNDP/PAPP and the PWA the sample of consumers of
different sectors.
Train the field workers on using the tools
Conduct the survey for the consumers of different sectors.
Conduct Case studies.
18



Conduct data cleaning, data entry
Conduct data analysis and interpretation
Prepare the quantitative survey report.
Phase Five: Final Reporting
Conduct analysis and provide recommendations for strengthening of institutional system and
incentive structures to promote water integrity and accountability.
-
-
Conduct analysis and provide recommendations for developing a long term water integrity
program, including capacity development needs and potential applications of
tools/methods to enhance accountability and integrity
Prepare the final report that includes the recommendations on priority elements of a PWA
long term water integrity programme.
Present and findings and results of the WIA during a workshop.
Final reporting includes the organization of an ‘Integrity Assessment validation and action
planning workshop’
Due to the delay occurred at the beginning of the task, the work-plan will be shifted by one month.
It is anticipated the work to be of 7 months as presented in the following table:
Phases
September October November
December
January February March
2011
2011
2012
2011
2011
Phase
One
Phase
Two
Phase
three
Phase
four
Final
Reporting
19
2012
2012
VI.
CHALLENGES; DELAYS, PROBLEMS ENCOUNTERED AND ISSUES RESOLVED
So far, and during the inception period the following were identified as challenges that PCS has to
make the necessary revisions to address:
The PWA is in the reforming process that includes restructuring at different levels. It is
recommended to base the analysis on PWA current structure and to make recommendations
based on the reformed PWA structure.

Organizing large workshops was time consuming process, parallel methodology and
approaches were needed to avoid future delays.

The main stakeholders are very busy doing their work and in few cases are overloaded
which hinder their full participation in the task.

Level of commitment among PWA staff varies which need to be addressed to get them
more involved in the process.

Close coordination with TPAT is a crucial issue for the assignment.

It’s important to keep and improve the level cooperation and communication between
the various parties including PWA, UNDP/PAPP and PCS, to make sure all parties are on
the same page.
20
Annex 1: List of stakeholders met
Name
Organisaiton
1
Dr. Mohammed Al-Aila
ALMADINA (Environmental Management
and Urban Planning Gaza consulting firm)
2
Dr. Jad Ishaq
ARIJ Office- Bethlehem
3
Eng. Monther Shublaq
CMWU
4
Dr. Khaled Kahman
EQA
5
Hazem Kitaneh
GDTA
6
Nadim Milhem
GIZ
7
Dr. Amjad Aliewi
HWE
8
Kubo Eiji
9
Rasllan Yasin
10
Taghreed Hethnawi
MoPAD
11
Dr. Ali Barhoum
Municipality of Rafah
12
Kvalvaag Tale
NRO
13
Dr. Dr Abdul Rahman Tamimi
PHG office
14
Ayman Jarar
15
Said M. Said
16
Shireen Ad Deisi
17
Raed Sawafteh
18
Rawan Isaeid
JICA
PWA
PWA/ PRU
PWA/ PIU
19
Lama Barghouthi
20
Fayez Abu Hilou
PWA -PMU
21
Eng. Rebhi Al Shiekh
PWA Gaza
21
22
Eng. Ahmad AlYaqoubi
23
Ms Ana Gren
24
Ludo Princs,
25
Richard Oglesby
26
Imad Saed
27
Ibrahim Bsharat
UNDP/PAPP – Local governance support
program
28
Fahmi Mustafa Ash Sheikh
WBWD
29
Iyad Rammal
World Bank office- Jerusalem
30
Dr. Simon A’raj
WSSA Office- Bethlehem
SIDA
TPAT
22
Annex 2: Minutes of meeting – Inception Workshop
Date: 29 October
Time: 10:00
Venue: PWA Headquarter - Ramallah
The workshop has been attended with good representation of PWA, Donors, UNDP/PAPP, NGOs.
After a brief inauguration by the Minister and the UNDP/PAPP Special representative:
Workshop discussion points:
The main issues raised during the workshops are summarized as follows:
-
-
-
-
The methodology should be built on clear indicators and clear definition of these indicators;
The data of the assessment must be validated;
It is important to distinguish between mismanagement and corruption;
The suggested steering committee is to be functional working group rather than
committee.
The higher water council which have the leading role in the sector is actually not
functioning.
It was confirmed that the joint water committee that is still not functioning.
Along discussion took place regarding the purpose of the task, and its linkage to the reform
as well as the possibility of having a hidden political agenda behind it.
A discussion about the issue of timing the task within the reform process due to risks of
overlap with TPAT. Efforts were made to integrate with TPAT;
It was clarified that the task is within the reform program and its outputs will feed to TPAT
work and the task is about assessing the integrity system in the water sector which include
the 5 integrity criteria and by that identifying the risk areas and gaps in the system that
might produce risk areas of corruption.
It was suggested to add a separate part of the task to highlight area of risk for corruption
that is beyond the PWA and Palestinian control.
A point was raised that there is a lot of information about the Palestinian water sector,
there is no need to do more studies, it was reiterated that this assessment is carried out at
PWAs request and is potentially of great value;
The assessment task will make use of the available information and will tackle issues of
transparency and accountability including access to information and dissemination of the
information;
The task should distinguish between perception and experience of corruption in the
consumer survey phase;
A discussion happened on the issue of un-paid water as a form for corruption by the
consumers, and the political aspects behind this problem;
23
-
The issue of imposing donors’ agenda in the PWA governance and decision making was
also raised.
Workshop Participants
Name
Organization
Shadad Al Ateeli
PWA / Minister
Frode Mauring
UNDP/PAPP / Special Representative of
Administrator
Belal Albarguthi
AMAN / Consultant
Jad Isaac
ARIJ - Director General
Herve Conan
AFD - Country Director
Thibart Le Lex’h
AFD - Project Officer-
Sana Shawar
EU Representative
Raslan Yasin
Representative- JICA
Taghreed Hithnawi
MoPAD- Director General- Infrastructure
Planning Directorate
Rawan Issaied
PWA - PIU
Samar Husary
PCS / Technical Specialist
Ziad Jaser
PCS / Advisor
Saed Doureh
PCS / Team Leader
Ayman Jarrar
PWA Director General of Regulatory
Department,
Kamal Issa
PWA Director of Finance and Economy
Department
Ziyad Fuqaha
PWA Director General- Training Department,
24
Ayman Daragmeh
PWA Advisor
Almotaz Abadi
PWA Advisor
Amin Dauabshe
PWA / PIU
Rawan Issaied
PWA / PIU
Ludo Prins
TPAT /Team Leader
Rima Abu Middain
UNDP/PAPP Natural Capital, Team Leader
Husam Tubail
UND/PAPP Natural Capital, Programme
Manager
Hala Othman
UNDP/PAPP - Project Manager
Ibrahim Bisharat
UNDP/PAPP - Project Manager
Philippe Wealer
Program Analyst- UNDP/PAPP
Wietse Michiels
UNDP/PAPP – Natural Capital Project Manager
Iyad Rammal
World Bank - Infrastructure Specialist
25
Annex 3: WIA Terms of Reference
Terms of Reference
Water Integrity Assessment of the West Bank and Gaza
Background
One of the many challenges impeding progress in the water sector is the issue of inadequate governance. A
large part of the problem can be explained by limited transparency and accountability in the
implementation of water projects. Improving transparency and accountability in the water sector is
therefore critical to good governance of water resources and services and is directly linked to development
and poverty reduction. Taking a proactive stand against corruption has many advantages for a government.
Not only does it contribute to the achievements of the MDGs by improving service delivery and
accountability to citizens, especially to the poor, but also helps to attract new and retain existing financial
resources in the sector. A government that is openly committed to reduce corruption also builds trust in the
eyes of the public.
In the Middle East region, there is a growing realization that corruption and lack of transparency constitute
a fundamental challenge for the region’s development and increased debate on the issue of corruption is
driving slow but steady steps towards structural reform. In several countries, the issue of reducing
corruption has gained momentum and legitimacy and is now being addressed openly as a principal obstacle
to development.
In the occupied Palestinian territory (oPt), integrity reform has risen up the agenda as a result of widespread
perceptions of corruption within Palestinian institutions. Opinion polls conducted by the independent
Palestinian Center for Policy and Survey Research shows the percentage of Palestinians who believe there is
significant corruption in Palestinian National Authority institutions jumped from about 50 per cent in 1996
to more than 85 per cent in 2005 (Aman 2007). However, Prime Minister Salam Fayyad’s government is
committed to the fight against corruption and credited for its efforts to increase transparency and
accountability.
The Palestinian water sector is facing a number of challenges, partly as a result of constraints caused by
external factors such as the Political Framework of the Oslo II Agreement but also due to a number of
internal governance challenges related to policy and strategy development, suboptimal institutional set up
with unclear and overlapping roles and responsibilities.
Other challenges include high levels of unaccounted for water due to poor water supply networks,
inefficient water supply management and unlicensed wells and illegal connections. PWA has conflicting
roles as it performs regulatory and policy related functions as well as it in many cases implement projects,
such as through its Project Management UNIT that implements infrastructure projects on behalf of
municipalities and utilities. Lack of a comprehensive internal framework within the PWA combined with
needs for increased staff capacity development, transparency and accountability, means that governance
challenges pose great integrity risks to the sector.
To address these and other challenges, the Palestinian Water Authority (PWA), the governmental
institution responsible for the management of water, is leading a process of reform of the water sector in
26
oPt. The reform of the water sector is composed of three main elements: an institutional review of the
water sector; revision of the existing Water Law to reflect the preferred arrangement following the
attainment of a consensus on the required institutional architecture; and the implementation of a
programme of organizational reform and capacity building for each of the key institutions in the water
sector. See Annex 1 for an overview of water key actors. In addition, the PWA has identified a need to
conduct a water integrity assessment which forms an integral part of ongoing water governance reform.
The water integrity assessment will be a first step towards developing a long term water integrity
programme that will include capacity development and potential applications of tools to strengthen
integrity and accountability. The focus on governance is also in line with the National Water Plan (NWP)
from 1998 which identified Institutional and Administrative Building including planning and management,
legislative policy and standards, quality and environmental, financial and economic, and institution building
actions as key for the development of the Palestinian water sector.
Partners
The water integrity assessment work is a joint initiative between the Palestinian Water Authority (PWA),
UNDP Water Governance Facility at SIWI (WGF), UNDP/PAPP, RBAS Regional Water Governance
Programme for the Arab States (WGP-AS). It will also draw on experiences from the UNDP Governance
Centre in Oslo and the Water Integrity Network (WIN). The water intergrity assessment is jointly funded by
WGF and WGP-AS.
Main aim and scope
The over-arching aim of the activity is to contribute towards improving water services delivery and water
resource management in oPt through the strengthening of integrity and accountability systems in the
sector. Based on consultations with PWA and others the water integrity assessment will be done for the
West Bank and Gaza Strip. An institutional overview of the water sector in the West Bank and Gaza Strip is
found in Annex 1.
The scope is to assess water integrity in oPt with the following objectives:




To “unbundle” corruption risks in the water sector, such as analyzing stakeholder interfaces (public private sector, public – public, public - end-consumers, etc) in relation to service delivery,
contracting out of services, procurements, water resources management etc.
To identify particular areas and interfaces of high corruption risks in water sector and to the extent
possible, measure the levels of corruption and associated costs
To be a part of and inform the ongoing water governance reform process with regard to
institutional development
Lay the ground for developing a long term programme to promote water integrity
It is required that the activity is well anchored in required government bodies as well as with the PWA itself
and ongoing water governance reform work. Previous experiences suggest that involving other government
accountability actors outside the water sector can enhance the ownership and impact of activities. It is
strongly recommended that the programme although led by the PWA already at the outset seeks broad
ownership.
27
It is proposed that the PWA can anchor the water integrity assessment with the Steering Committee of the
Water Sector Reform or equivalent entity based at PWA comprising government, water service providers,
private sector, civil society and donors
Activity: Integrity Assessment of Water Sector in oPt
Good policy and good reform strategies to improve transparency and accountability to reduce the risk of
corruption can only come from good diagnosis. Therefore, an initial component of a long term programme
would be to carry out an integrity assessment based on 5 guiding principles.
1. Evidence-based and Preventive approach: To depersonalize & depoliticize the fight against
corruption
2. Based on multiple sources of evidence (for triangulation), and mix of qualitative & quantitative
research methods
3. Conducted in collaboration with both water consumers & providers and other critical
stakeholders
4. Create ownership through partnership
5. Oversight by a multi stakeholder steering committee consisting of leading water sector
stakeholders and representatives of key accountability sector organizations
The proposed assessment would complement the upcoming Institutional Review of the sector by
identifying priorities and needs specifically related to water integrity. The assessment could also serve as a
baseline on which to measure progress over time (through for example a time-bound anti-corruption action
plan that can be monitored using concrete indicators).
In order to avoid duplication, the proposed assessment should build on already existing or planned studies
by PWA (the Water Governance Programme and the Institutional Review) as well as studies on corruption
(for example the NIR Reconstruction National Integrity System Survey). A study looking at the past financial
management of PWA projects pointed to several challenges as well as a set of recommendations to
strengthen the audit systems and transparency.
Tasks of consultant
The assessment will include the following:
(i)
(ii)
(iii)
Stakeholder mapping and Analysis (See for example the PWA Draft Report on WATER
GOVERNANCE PROGRAMME, WGP Report Draft 1, 15/09/08 where detailed mapping has been
done of water sector institutions). Complementary mapping needed for “governance”
institutions.
Review of policies, legislation and institutional set up to identify policy gaps/sector processes
which provide avenues for increased corruption risks
Mapping of ongoing processes to strengthen integrity and accountability from and outside the
sector
28
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
“Un-bundle” corruption in water sector and analysis of corruption risks both at central and local
government level in different project phases; planning, project design, procurement, contract
management/project implementation, monitoring/supervision and human resources.
Analysis of accountability relationships, incentive structures between different stakeholders
and levels of transparency in decision making
Baseline study identifying corruption risks at PWA and incentives and disincentives for
promoting increased transparency and accountability. Work to include analysis of procurement
and tendering processes and procedures.
Survey of actual experiences of corruption by service providers and consumer interfaces in
order to measure the levels and costs of corruption
Analysis and recommendations developed for strengthening of institutional systems and
incentive structures to promote water integrity and accountability
Analysis and recommendations for developing a long tern water integrity programme, including
capacity development needs and potential applications of tools/methodologies to enhance
accountability and integrity
Different methodologies will be used to collect required information:
1. Analyzing secondary data, such as already compiled reports, studies etc.
2. Generating primary data through focus groups, interviews with key stakeholders etc at all levels
(from local to national as well as relevant donors)
3. Survey to capture water consumer (end-users) and service provider experiences of corruption in the
sector. Findings from such survey will be used to raise awareness among policy and decisionmakers on citizen satisfaction with government services.
To ensure ownership of process and findings, inception and validation and action planning workshops for
the sector stakeholders should be held.
Output deliverables
1. Brief inception report based on initial briefing and consultations with WGF, WGP-AS, and UNDP-PAPP,
including work plan.
2. Report (1) on stakeholder mapping, mapping of ongoing initiatives to strengthen integrity and
accountability and review and gaps analysis of policy, legislation and institutional set up. Identification
and analysis of corruption risks in the water sector (such as procurements, water service delivery, water
infra-structure development etc.), through semi-structured interviews to validate the outcomes of the
desk study
3. Report (2) Baseline study identifying corruption risks at PWA and incentives and disincentives for
promoting increased transparency and accountability. Work to include analysis of procurement and
tendering processes and procedures.
4. Report (3), Quantitative survey of experiences of corruption by consumers and service provider.
5. Report (4), Final report based on reports 1, 2 and, including recommendations on priority elements of a
PWA long term water integrity programme, such as training needs assessment, recommendations on
water integrity tool application. The final report will in light of ongoing water governance reform also
make recommendations on required policy and institutional development.
29
Time frame
Implementation will be initiated in June 2011. A first review on how to proceed for the long-term can be
made in relation to the outcomes of the assessment report.
Activity/period
2011- 2012
Water Integrity Assessment
Au
g
Sep
Oct
Nov
Dec
Jan
Feb
1. Mobilization
2. Inception report, including budget, on
how to implement work by end of
September
3. Inception workshop
By beginning of October
4. Implementation of work
Stake holder mapping report by end of
October
Baseline study end of December
Quantitative Survey end of January
5. Water
Integrity
Assessment
validation and action planning
workshop – Final report & preparing
next steps for long term water integrity
programme. By end of February 2012
Management and reporting requirements
UNDP-PAPP will function as the process facilitator for the Water integrity assessment and be responsible
for hiring of research firm/consultancy team. UNDP-PAPP governance team is involved in a large
governance programme. It is important to draw on their experiences. Mutual learning and knowledge
sharing is expected between this programme and the development of Water Integrity Programme.
The lead consultant will report to Rima Abumiddain, UNDP-PAPP. Håkan Tropp, WGF, and the
Director/Project Manager of the WGP-AS, will jointly with UNDP-PAPP and PWA do quality assurance of
work progress and final products.
Research institution/Consultant team profile
UNDP seeks the services of competent, experienced independent research agency, social research
institution or consultant team that is specialized in governance/socio-economic issues to conduct this
30
activity. The contractor and its manager should have experience working with water related issues in oPt
and in conducting large surveys. Importantly, the team carrying out the tasks should have a mix of
competencies, including governance and water. It is also critical that survey manager have ample
experience in all phases of conducting survey research at the household, institutional and private sector
level.
Specifically, the lead consultant should have the following skills and competencies
(a) At least a Masters Degree in relevant natural and/or social science disciplines with expertise in the
area of governance/anti corruption and experience working with water related issues in Palestine
(b) At least 10 years of relevant professional experience in similar types of research assignments,
particularly with regard to survey preparation, appraisal and management of information and
knowledge and assessment aspects. Specific experience in facilitating meetings related to water
governance will be an advantage. Experience working with public sector institutions, bi- and
multilateral development institutions will be an added advantage;
(c) Sound negotiation and diplomatic skills to interact effectively with senior government officials,
representatives from other development partners, and civil society;
(d) Familiarity with UNDP initiatives and publications including HDR, RCF, etc.
(e) Ability to communicate and write effectively in English and Arabic
31
Annex 1. Institutional Arrangement of Water Sector in the West Bank
Supply
Not currently
functional.
NWC
Policy, Planning,
Development &
Regulation
JWC
Mekerot
PWA
WBWD
Wells
MOA
PWA
Wells
Municipal
Wells and
Springs
Private
Agricultural
Wells
JWU, WSSA, Municipalities, Village
Council Water Departments, and Joint
Service Councils
Distribution
Consumption
Domestic
Israeli System
Industrial
Palestinian System
32
Agricultural
33