Courtesy translation
1.
Please indicate and describe a participatory process in your country that are
related to the human rights to water and/or sanitation.
According to the legislation in force, public necessarily involved in development
of following legislative and normative acts (draft laws, national programs, regulations,
etc.).
The public involvement is unavoidable in making decisions on economic activity,
construction projects, reconstruction etc. with environmental impact. The most recent and
eloquent participatory processes in developing state policy on water supply and sanitation
can mention initiating public consultation on Strategy for development of water supply
and sanitation in Republic of Moldova for the years 2014 - 2028, approved by the
Government on 19 February 2014, Law no. 303 of 12/13/2013 on Public water and
sewer.
According to establish procedure was followed all the main stages to ensure transparency
of decision-making as follows:
a) Informing the public about the decision elaboration;
b) Providing draft decision and its related materials to stakeholders;
c) Consultation of citizens, associations in accordance with the law, other stakeholders;
d) Examining the recommendations of citizens, associations in accordance with the law,
and other stakeholders in the development of draft decisions;
e) Inform the public about the decisions taken.
Also we mention that the participatory process is observed in the case of decisions on
projects related to the development of water systems supply and sanitation. Thus the
public was consulted on plans to build Prut - Nisporeni to supply water to residents in the
town. Nisporeni and localities Grozeşti, Varzaresti. The public was consulted in deciding
the construction and expansion of water supply systems and sanitation in Soroca,
Floreşti, Hînceşti, Orhei, Leova, Ceadîr-Lunga and 30 rural localities.
2.
Which authorities and organizations are involved in the design and facilitation
of the process?
a)
What are the costs of designing and facilitating the process? Who covers the
costs?
b)
What does the process seek to ensure – participation in legislative proposals,
policy-making, budgeting, service provision or other measures?
c)
At what level does the process take place – the national, local or international
level?
Public involvement in development of legislative and regulatory framework to ensure the
citizens' right to water and sanitation is provided by the responsible authority for drafting
and it bears full responsibility for the proceedings. Necessary expenditure sources to
ensure participatory process are covered by the national budget and foreign donors who
assist in elaboration of legislative-normative acts.
If decisions on economic activity, construction projects, reconstruction involving is
provided by local public administration authorities, who bear full responsibility for the
proceedings, organizing, depending on their complexity, local referendums, opinion
polls, public surveys etc. Expenses related to public consultation procedure incur natural
or legal persons (beneficiaries) or investors who will finance the development of the
documentation concerned.
Participatory process occurs both at the national and local level.
3. Has there been a history of mobilization in your country to ensure participation in
decision-making? How has government responded to people’s demands for (increased)
participation?
Public involvement in decision making in ensuring human right to water and sanitation in
Republic of Moldova is made according with the procedure established by law. In turn
the Government of Republic of Moldova, ensure participatory process and promptly
respond to the needs of the population to increase participation in the decision-making
process by providing access to information, organizing public consultations, examination
of recommendations and report about decisions taken.
4.Iis there legal or policy basis for participation? Specifically, is participation with
respect to improving access to water and sanitation provided for in legislation, policy or
practice in your country?
In Republic of Moldova participation in the realization of human rights to water and / or
sanitation and decisions in this regard are set according to Law. 982 of 11.05.2000 on
access to information, Law no. 239-XVI from 13.11.2008 on transparency in decision
making, Water Law. 272 of 23.12.2011, Law no. 303 of 12/13/2013 concerning public
service of water supply and sewer, Strategy for of water supply and sanitation in
Republic of Moldova for the years 2014-2028, which was approved Government of
Republic of Moldova on 19 February 2014, the Government Decision no. 72 of
25.01.2000 on approval of the Regulation on Public Participation in Environmental
Decision Making and adopted by. Regulation is issued in the implementation of the
Convention on access to information, justice and public participation in environmental
decision-making, Moldova ratified by Parliament Decision no. 346-XIV dated April 7,
1999having as basic provisions of Chapter III of the Law on Ecological Expertise and
Environmental Impact Assessment nr.851-XIII of May 29, 1996 and Articles 3 and 30 of
the Law on Environmental Protection 1515-XII of 16 June 1993.
5. How have the geographical reach or participatory processes and the concerned
individuals and groups been defined? How do processes ensure inclusiveness? How to
processes seek to ensure that not just major stakeholders, but also concerned
individuals can participate? Are certain individuals or groups meant to represent
others? How does the system of representation work? What is the role of NGOs in
these processes? Who do they represent, if anyone?
NGOs and civil society organizations are essentially participants in the development and
realization of democracy and human rights to water and sanitation. NGOs can contribute
with knowledge and independent expertise in decisions making. This causes the
authorities at all levels, from local to national level, to seek relevant experience and
expertise of NGOs to assist in policy development and implementation. NGOs enjoy a
unique trust from civil society to represent their interests and get involved in those cases,
providing a crucial contribution to policy development.
6. What are the opportunities for participation? Are there officially organized
consultations, hearings, opportunities to submit written responses and online fora?
What measures are in pace to enable people to participate? What measures are taken
to overcome barriers that people face, in particular marginalized groups and
individuals? What channels have been used to disseminate information about the
envisaged measures and the participatory process?
In accordance with the legislation in force citizens and associations in accordance with
the law, other stakeholders have the right:
a) To participate, according to present law, at any stage of decision making;
b) To request and obtain information on decision-making, including draft decisions to
receive relevant materials, according to Law on access to information;
c) Propose to public authorities to initiate development and decision-making;
d) Submit to the public authorities recommendations on draft decisions submitted for
discussion.
For his part public authorities are obliged, where appropriate, take steps to ensure
opportunities for citizen participation, associations in accordance with the law, other
stakeholders in decision-making, including:
a) dissemination of information on programs (plans) of activity by placing them on the
official website of the public authority, by displaying their headquarters in an area
accessible to the public and / or broadcasting in national or local mass media
,as appropriate;
b) Information, as required, on the organization of decision-making;
c) Institutionalization of mechanisms of cooperation and partnership with the society;
d) Receive and review recommendations from citizens, associations in accordance with
the law and other stakeholders in order to use them in the decision-making;
e) Consulting all stakeholders examining the draft decisions, according to the present
law.
Citizens consulting, and other stakeholders is provided by the responsible public
authority for preparing the draft decision as follows: public debates, public hearings,
opinion poll, referendum, expert interviewing, the creation of standing or ad-hoc with
representatives of civil society.
Their recommendations can be presented in oral and written form, presented in the
consultation will be reflected in protocols of meetings, and are received by the public
authority responsible for preparing the draft decision as follows: The recommendations
are considered by the responsible public authority for preparing the draft decision.
Summary of recommendations will be placed on the official website of the public
authority, will be displayed at its headquarters in an area accessible to the public and / or
broadcast in central or local mass media as appropriate.
7. How are the inputs taken into account? What are the impact of participatory
processes on decision-making and the design of measures and policies? What followup has been put in place? Are people informed about outcome of processes? Are they
informed about whether and how their proposals have been taken into account?
Public Participation in elaboration and decision making of water and sanitation is a social
act that state authorities and operators ensure on time and efficient, access to reliable
information on ensuring the human right to water and sanitation creates sufficient
condition for expressing opinions on future goals and activities that can contribute to the
development of water supply and sanitation sector, provide opportunities for delegation
of powers to representatives of public that are interest to decision meetings , ensure that
public participation in decision results will be competent reflected.
Public authorities provide access to decisions taken by placing them on the official
website, by displaying their headquarters in an area accessible to the public and / or
broadcast in central or local mass media, as appropriate, by other means provided by
law.
8. Would you describe the participatory processes as successful? If the specific process
referred to above has been completed, please comment on what accounts for its success
or failure. Has the process been evaluated? What lessons does it offer for future
processes?
Public participation is one of the basic elements of good governance, which establishes
principles and transparent procedures and democratic work of central public and local
authorities to openly and explicitly informed citizens, civil society and other stakeholders
about the work of the authority and their consultation in the development and decisionmaking.
Public participation is an effective tool used in Republic of Moldova to involve the public
in decision-making and include the right to information, right to participation and the
right to access to justice.