INTEGRITY ASSESSMENT OF THE WATER SECTOR IN THE occupied Palestinian territories
(oPt)
Water Governance Programme for Arab States (WGP – AS)
Stakeholder Mapping Report
1
Acknowledgement
We would like to acknowledge the generous assistance afforded by the United Nations Development
Programme/Programme of Assistance to the Palestinian People. (UNDP/PAPP) and our appreciation for the
UNDP Water Governance Facility at the Stockholm International Water Institute (SIWI) and RBAS Regional
Water Governance Programme for the Arab States. All of these parties helped fund this report and we
extend our deepest gratitude to the Palestinian Water Authority, various line ministries, donors and their
implementing agencies, and the stakeholders in the local governance sector for their productive cooperation
with the PWA and UNDP/PAPP partnership. Lastly we would like to thank the consulting firms Partners in
Creative Solutions (PCS) and its Gaza partner Pioneer for their contribution to the Water Integrity
Assessment.
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TABLE OF CONTENTS
LIST OF TABLES
4
LIST OF ABBREVIATIONS
5
I.
BACKGROUND
6
II.
METHODOLOGY
7
III. DESCRIPTION OF KEY STAKEHOLDERS
8
IV. MAIN PROCESSES IN WATER GOVERNANCE
21
V.
24
STAKEHOLDER ANALYSIS
VI. CONCLUSIONS AND RECOMMENDATIONS
43
ANNEX 1: REFERENCES
48
ANNEX 2: STAKEHOLDERS MAPPING QUESTIONNAIRE
49
ANNEX 3: LIST OF ORGANIZATIONS INTERVIEWED
56
3
List of Tables
Table (1): Legislations
Table (2): Policies
Table (3): Regulating the Water Resources Exploitation and Use Processes
Table (4): Regulating the Water Provision
Table (5): National Planning and Budgeting Processes
Table (6): Protection of Water Resources
Table (7): Exploitation of Water Resources
Table (8): Water Sector Projects and Programs
Table (9): Procurement and Construction
Table (10): Financial Management
Table (11): Human Resources
Table (12): Program/Project Development and Management
Table (13): Procurement and Construction
Table (14): Pricing and Tariff System
Table (15): Financial Management
Table (16): Human Resources Management
Table (17): Local Planning and Budgeting
Table (18): Allocation of Received Bulk Water
Table (19): Regulation on Consumption
Table (20): Operation and Maintenance
Table (21): Regulation for Connection and Illegal Connection
Table (22): Consumers' Services
Table (23): Vender Water Regulation
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25
26
28
30
31
32
33
34
36
36
36
37
38
38
38
39
40
40
40
41
41
41
42
List of Abbreviations
CSOs
CMWU
CWC
EQA
GPC
INGOs
JWC
JWU
LGU
MC
MoA
MoF
MoH
MoI
MoLG
MoPAD
MoPWH
NTC
NWC
PLC
PSI
PWA
SAI
WBWD
WB and GS
WS
WSSA
WUSP
Civil Society Organizations
Coastal Municipality Water Utility
National Water Council
Environmental Quality Authority
General Personnel Council
International Non-Governmental organisations
Joint Water Committee
Jerusalem Water Undertaking
Local Government Unit
Ministerial Cabinet
Ministry of Agriculture
Ministry of Finance
Ministry of Health
Ministry of Industry
Ministry of Local Government
Ministry of Planning and Administrative Development
Ministry of Public Work and Housing
Central Tendering Committee- Ministry of Public Work
National Water Council
Palestinian Legislative Council
Palestinian Standards Institution
Palestinian Water Authority
Supreme Audit Institution
West Bank Water Department
West Bank and Gaza Strip
Water Sector
Water Supply and Sanitation Authority
Water Union of Service Providers
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I. BACKGROUND
Water governance comprises a broad range of political, social, environmental, economic, and
administrative systems that are in place to regulate the development and management of water
resources, and the provision of water services. More specifically, water governance relates to the
processes by which decisions are made and implemented, and is the result of interactions,
relationships, and networks between different sectors (government, public sector1, private sector
and civil society) involved in service delivery. It involves decisions, negotiations, and different
power relations between stakeholders to determine who gets what, when, and how. Governance
in general includes more actors than just the government; many stakeholders are involved.
Stakeholders include water users themselves, but in addition it includes governmental and semigovernmental organizations such as municipalities, utilities, service providers, NGOs, donors, and
civil society organizations. In improving water services delivery and water resources management,
active water integrity assessments must be developed through the creation and maintenance of
an accountability system within the sector. The integrity assessment will be the most appropriate
way to advance the water sector in the oPt. Based on consultations with officials in the Palestinian
Water Authority (PWA) and others who are actively involved in the sector the water integrity
assessment is currently being carried out for the West Bank and Gaza Strip (WBGS).
Water governance has been under strict Israeli control in the form of military orders that started
immediately following the occupation of the WBGS in June 1967., Any assessment of the water
sector in needs to be carried out within this context. The Israeli military and state apparatus
restrict access for Palestinians to their resources which is the main cause of the current
underdevelopment of the water sector and the inadequate allocation of shared water resources
between Israel and Palestine. The Palestinian share of water from the Mountain Aquifer has
decreased from 118 million cubic meters (MCM) pre-Oslo agreement to 108 MCM in 2007. This is
due to many reasons, amongst which include the lack of the Palestinian Water Authority’s (PWA)
control over developing the Palestinian share of the joint water aquifer, the continuous delays of
Israeli approvals for developing water resources, water supply and wastewater related
infrastructure, and to a certain extent climate change which has negatively affected the
precipitation levels in the region resulting in reduced amounts of available water. Further
exasperating this trend is the fact that the Palestinians still don’t have access to their equitable
share of surface water from the Jordan River. The Gaza Strip, renowned as one of the most
densely populated areas in the world, with an average of 3,880.9 persons per square kilometer, the
situation is even more precarious. The Coastal Aquifer is the only source of water and is in danger
of collapsing quantitatively and qualitatively due to overexploitation. Consequently, in order to
meet its basic needs, the Palestinian National Authority (PNA) is forced to purchase water from
the Israeli Water Company Mekerot. Mekerot supplies water mainly from the shared Coastal
Aquifer and Tiberias, and in times of shortage, supply to Israeli settlements is prioritized at the
expense of Palestinians.
Water is one of the most valuable natural resources the Palestinians have as it is needed for
agriculture, industry, and daily life. The scarcity of this resource in Palestine, and the region in
1
Based on the Palestinian Water law, No. 3 for the year of 2002, article 3, clause 2, "the water resources are
of public ownership nature". However, and within the Palestinian context, the water facilities( groundwater
wells, reservoirs, water networks,... etc) are owned by different actors; government, LGUS, private sector.
6
general, makes the water sector one of the most strategic sectors for Palestinians. It is essential to
use and manage the limited water resources in an effective way as an inadequate system of
governance hinders progress and development of the water sector. These factors have challenged
the stakeholders of the water sector in Palestine to improve the effective use and management of
the available water resources. In turn, it has urged the Palestinian government to initiate reforms
in the water governance structure by reforming its institutions, reducing the risk of corruption, and
increasing accountability and transparency.
The restrictions imposed by Israel on the access to and the development of water resources for
Palestinians have been accompanied by other factors that have negatively affected the delivery of
many urgently needed water and sanitation projects in the oPt. These include the PWA’s
dependence on poorly coordinated international donors for funds and the effect of donors’
requirements and priorities. After almost twenty years of active donor involvement, the water
sector still faces challenges; with approximately 12% of the population not connected to the water
network and 57% of the population not connected to a wastewater network2. Also critical is water
consumption in the oPt, which is on average 70 liters per capita per day, but in places it is as little
as 20 liters per capita per day, well below the World Health Organization’s (WHO) average of 100
liters per capita per day3. Israeli settler per capita daily consumption on the other hand averages
around 300 liter per capita per day. Additional challenges include unaccounted for water (direct
pipeline leakage and poor accounting), unregulated wells, and illegal connections (main pipelines).
This results in reducing the effective use and management of the water resources. In addition to
this, the PA and PWA have also been beset4 by a number of issues which this integrity assessment
aims to address.
This report presents the results of stakeholders’ mapping and analysis of the water sector. The
report consists of five main parts. The first part presents the purpose and methodology used in the
stakeholders’ mapping. The second part is devoted for the description of the key stakeholders of
the water sector in Palestine. The main functions and processes in the water sector are the focus of
part three, and part four provides analysis of the stakeholder versus the processes taking place in
the sector. Finally, part five presents the findings, conclusions, and recommendations.
II. METHODOLOGY
Stakeholder mapping is a prerequisite step for integrity assessment of the water sector. The water
sector stakeholder analysis aims to review and analyze the gaps in policy, legislation, and
institutional setup. It does this in order to identify and analyze the corruption risks in the water
sector and understand each stakeholder’s source of legitimacy, roles, responsibilities, and
potential contribution to combating corruption. Conducting a stakeholder analysis is a useful tool
in identifying the processes involved in the water sector, the various interest groups, and the roles
they perform in the water sector. Achieving the objective of the integrity assessment of the water
2
Water Governance Programme (2009).
Amnesty Internatinal (2009)
4 Main initiatives of Integrity in Water Sector
The Palestinian National Authority Cabinet of Ministers endorsed an “Action Plan for Reform” on 2009. . Part of
the Action plan is to include the reform within the Water sector.
AMAN- The coalition for Integrity Accountability/ GIZ- Transparency and Integrity Ambiance in the Palestinian
Water Sector, 2009
3
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sector is highly correlated with a clear understanding of the potential roles and contributions of
the various stakeholders to the processes taking place within water governance. It is to this end
that the stakeholders’ mapping exercise was carried out in Gaza and the West Bank.
The following methodology was undertaken in conducting the stakeholders' mapping exercise:
1. Review of relevant documents about the sector including studies, and laws. A list of
references that were reviewed are included in Annex-1
2. Identify various stakeholder groups;
3. Conduct structured interviews with representatives of different stakeholders’ groups
working in the West Bank and Gaza Strip, to complete the questionnaire and gather
information. (A list of organizations that were interviewed is included in Annex-3);
4. Develop a stakeholders’ mapping questionnaire; (Annex 2);
5. Analyze the gathered information. The stakeholder analysis was undertaken through the
following methodology:
 Identification: Water sector stakeholders in the Gaza Strip and West Bank were
identified and defined in relation to their involvement in the water sector.
 Listing of Stakeholders: A comprehensive list of stakeholders working in WB and GS,
who have a stake in the sector, and who can significantly contribute to combating
corruption were prepared, discussed, and approved by the two teams.
 Process Analyses: Description of the water governance structures and processes
taking place and the role stakeholders play in the water sector.
 Overall Analysis: The importance and influence of the main stakeholders involved in
water governance were carefully detailed and analyzed.
 Identification of Gaps and Tasks: For the main institutions involved in the water
sector and initial analysis of the corruption risks a clear and coherent assessment was
created.
6. Draft the findings;
7. Compile the stakeholders’ mapping report.
By presenting the processes taking place in the water sector and its definition, the integrity
assessment system will help identify how and where the stakeholders should intervene or act in
the sector. The integrity assessment of the water sector will be built upon the identified processes
and source of information in relation to the stakeholder’s interventions in each of the processes.
In consideration of the water law and functions of the stakeholders, the processes are crossanalyzed with the stakeholder. This analysis can help in identifying gaps/tasks for the main
stakeholders/institutions involved in the water sector mapping. This mapping approach will
encourage the PWA and other stakeholders to participate more effectively in the water sector
integrity assessment. In addition it will contribute to the system’s analysis which hopefully will lead
to designing processes and systems that encourage the active participation of all stakeholders in
the process. Lastly, this approach will help to ensure the inclusion of all stakeholders and the
maximization of their roles and contributions.
III. DESCRIPTION OF KEY STAKEHOLDERS
Based on the questionnaire that was completed by water sector stakeholders in Gaza and the
West Bank and the information collected from available resources and documentation here is a
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listing of primary and secondary stakeholders, their role and function in the sector, and analysis of
the relationship between the stakeholders groups.
Key Stakeholders:
National Water Council (NWC), Palestinian Water Authority (PWA), West Bank Water Department
(WBWD), Coastal Municipal Water Utility (CMWU), Ministry of Agriculture (MoA),
Environmental Quality Authority (EQA), Ministry of Local Government (MoLG), Ministry of Public
Work and Housing (MoPWH), Ministry of Planning and Development (MoPDAD), Ministry of
Health (MoH), Ministry of Finance (MoF), Israeli Civil Administration (ICA), Joint Water Committee
(JWC), Israeli National Water Company (Mekerot), and the Israel Water Commissioner.
Primary Local Stakeholders:
Municipal Water Departments, Village Councils, Joint Service Councils (JSC), Jerusalem Water
Undertaking (JWU), and the Water and Sanitation Services Authority (WSSA).
Secondary Stakeholders:
Donors, international NGOs (INGOs), local NGOs, unions, and educational institutions.
i.
National Water Council (NWC):
According to the Palestinian Water Law, the NWC is responsible for overarching water policy,
including the planning and development of projects, as well as strategic matters.
ii.

Members: The NWC consists of 13 members in total with the Chairman of the PWA as the
secretariat. Members include the Ministry of Agriculture, Ministry of Finance, Ministry of
Health, Ministry of Local Government, Ministry of Planning and International Cooperation,
Palestinian Water Authority, Environmental Quality Authority, Capital (Jerusalem), Union
of Local Authorities, Palestinian Universities, Water Unions and Societies, and the
National Water Utility

Current Status: Since 2006 the NWC has only met once.
Palestinian Water Authority (PWA):
The PWA is responsible for carrying out several functions within the water governance through its
various departments. Below is a description of PWA departments and their functions:
a) West Bank Water Department:
WBWD is the organization in charge of the production and transmission of water to be supplied on
the local level. It is responsible for the provision of bulk water to the various service providers in
the West Bank.
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Area of Operation: West Bank
Main Functions:
 Governance and Planning: The WBWD provides technical assistance and consultation on
national policy development and formulation, legislation, planning, and budgeting.

Regulation and Inspection: The WBWD has a decision-making authority and is directly
responsible for licensing pertaining to the ownership and operation of domestic wells, in
addition to control and inspection authority over water production. The WBWD provides
technical support on tariff setting for domestic use of water and setting water quality
standards.

Management and Development of Water Recourses: The WBWD has a decision-making
authority over tendering and procurement of water projects and the construction of water
reservoirs.

Supply and Operation: The WBWD has a decision-making authority over the maintenance
of the water distribution systems, rehabilitation of water wells, and water reservoirs
maintenance.

Bulk Water Fees Collection: The WBWD is directly responsible for pricing and tariff setting
at the local level, also it is responsible for cost recovery, water supply for agriculture, and
access of the poorer sectors of society to services.
Relationship with Water Sector Stakeholders: The WBWD falls under the supervision of the PWA
since the end of 2009. Before that, the WBWD was under the supervision of the Israeli Civil
Administration (ICA) in the West Bank. The WBWD supplies bulk water for water utilities (JWSC,
Municipalities) and it provides information and data, technical assistance, and consultation with
water utilities, ministries, other governmental bodies, donors, and NGOs working in the water
sector.
Current Status:
 WBWD buys water from Mekerot and produces water from PWA wells.
 WBWD operates 13 wells, 6 booster stations, and 12 reservoirs. It sells bulk water to
Palestinian users, where it is required to follow PWA tariff regulation in regards to billing
and collection of fees.
 WBWD is responsible for the management of all West Bank related water projects, such as
infrastructure extension, reservoir maintenance, and development of new wells.
 The general director of the WBWD is appointed by the Chairman of PWA. The full transfer
of WBWD employees from the ICA to the PA took place one year ago as stipulated in the
OSLO II Agreement.
b) PWA - Project Management Unit (PMU):
PMU function is essentially project implementation, including management and programme
design, fundraising, tendering and procurement, and construction projects. It provides project
10
oriented services to donor funded projects. Those services include water supply system design and
review, construction supervision, procurement and contract management.
PMU Area of Operation: West Bank and Gaza
Main Functions:

Governance and Planning: The PWA and PMU provide technical assistance and
fundraising support on national policy development and formulation, legislation, planning,
and budgeting issues.

Management and Development of Water Recourses: The PWA and PMU have decisionmaking authority over national water and sanitation projects’ design and management.
Also they have authority over tendering and procurement for national water and
sanitation projects.

Supply and Operation: The PMU has decision-making authority over centralized national
rehabilitation and maintenance projects of water wells and reservoirs.
c) PWA Waste Water Planning Department (WWPD):
PWA-WWPD’s main function is wastewater policymaking and regulations, planning, and
budgeting. This role has been identified upon the PWA structure5. Their role includes the
following:

Governance and Planning: The PWA-WWPD is directly responsible for national policy
development and formulation, development of regulations, legislation, planning and
budgeting for sanitation related issues.

Regulation and Inspection: The PWA-WWPD provides consultation on tariff setting for
wastewater collection system. It also provides tech-support and plays a monitoring role in
setting treated wastewater quality standards.

Management and Development of Wastewater Systems: The PWA-WWPD has decisionmaking authority over the management of sanitation related construction projects and
provides consultation for wastewater projects designs, tendering, and procurement for
implementing sanitation projects, collection system infrastructure for new projects or
expansions of existing ones.
d) PWA-Gaza Strip:
5
Interview with Ayman Jarrar of PWA- Head of the regulatory Department
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The Gaza branch of PWA is responsible for carrying out most of PWA’s duties. In addition to a
certain extent it is also responsible for policymaking and regulations, planning and budgeting,
donor financing, funding, and fiscal transfer. The current political situation between Hamas and
the PA leadership has affected PWA work in Gaza. The PWA now is not functioning in its full
capacity in the Gaza strip. The PMU unit in the Gaza strip is the only acting unit and it is still
responsible for implementing water and wastewater/sanitation projects in the Strip. Also, it is
worth mentioning that the water resources development department has a representative in the
Gaza Strip. This situation makes PWA unable to perform its regulator and monitoring role in Gaza.
PWA Department’s Relationship with Water Sector Stakeholders: All PWA departments fall
under the supervision of PWA head.
The PWA-PMU Interacts with:
iii.

The Joint Water Committee (JWC) for approvals and permits.

MoA, MoLG and other PA institutions for licensing, permits, project design and
procurement.

PWA departments interact with donors and NGOs working in the water sector for project
implementation coordination, fund raising, and to exchange information and data. PWA
departments are involved with Local Government Units (LGUs) and service providers to
exchange information, coordinate development projects, fund allocation, support,
monitoring, and regulatory purposes.

Unfortunately the shifting of roles and responsibilities over the past decade has resulted in
significant amount of overlap between the PWA at policy level and at project level and a
lack of solidly developed investment and an adequate regulatory framework6
Coastal Municipal Water Utility (CMWU)
The CMWU is responsible for the provision of water supply and sewerage services for the Gaza
Strip municipalities and villages’ councils who are shareholders in the CMWU. The CMWU was
established in accordance with Law No. 1 (1997) of the Ministry of Local Government. It is a semipublic entity which is financially independent from the PA.
CMWU Area of Operation: Gaza Strip
Main Functions:

Governance and Planning: The CMWU provides technical assistance and consultation on
national policy development and formulation, legislation, planning, and budgeting issues.
6
Klawitter 2007 Water as Human Right. The understanding of water rights in Palestine resource
development pp 303-237
12

Regulation and Inspection: The CMWU has decision-making authority and is directly
responsible for tariff-setting for wastewater collection system and has production
inspection authority and control over water production in Gaza. The CMWU provides
consultation on tariff-setting for domestic use and setting treated wastewater quality
standards.

Management and Development of Water Recourses: The CMWU has decision-making
authority over water and sanitation projects design and management, tendering, and
procurement for water and sanitation projects. It also has decision-making authority over
water distribution systems’ infrastructure extension and construction, sanitation collection
system infrastructure expansion, as well as the development and rehabilitation of new
wells (designing and digging wells), water reservoir construction, and water and sanitation
construction project management in Gaza.

Supply and Operation: The CMWU has decision-making authority over water distribution
systems and wastewater collection system maintenance, in addition to rehabilitation of
water wells and wastewater treatment plants.

Bulk Water and Sanitation Fees Collection: The CMWU is directly responsible for
domestic and industrial water supply and wastewater fee collection in Gaza.
Relationship with WS Stakeholders: The CMWU is a semi-governmental independent
organization.

Its relationship with the PWA can be characterized as a performance reporting and
working relationship.

The CMWU provides consultation to other stakeholders and PWA in licensing for the
ownership and operation of domestic wells, licensing for wastewater collection system,
tariffs setting for domestic use and setting of Water and treated wastewater quality
standards.

Gaza Strip municipalities are shareholders in CMWU. The MoLG has a monitoring role over
CMWU operation.
Current Status: The CMWU is limited in its ability to provide basic services due to Israeli
restrictions, which have affected the maintenance and expansion of the water distribution and
wastewater collection systems. This is because Israel among other things, restricts construction
materials, spare parts, and sometimes electricity and fuel from entering Gaza. This has resulted in
reducing CMWU’s ability to provide drinking water and collect wastewater. Internal political strife
between the PA and Hamas in Gaza has affected CMWU operation and working relations with
PWA. In addition to that, long-term overexploitation in the Gaza Strip, together with the lack of
the regulatory acts, has resulted in a decreasing water table. This is accompanied by the
degradation of its water quality, and due to high levels of salinity, nitrate, and boron pollution,
most of the ground water is inadequate for both domestic and agricultural consumption. The GS
13
faces a water crisis which pushes the people to purchase small scale desalination units for their
own use or to sell water for others.
iv.
Israeli Institutions Involved in the Palestinian Water Sector
a) Israeli Civil Administration (ICA)
The water department of the ICA is responsible for:


Issuing construction permits for all water supply and wastewater projects that have
received JWC approval located in Area C (full Israeli control, which constitutes around 60%
of the West Bank).
Acts to enforce the orders, not laws, deliberated by the military court which are heavily
influenced by the Israeli interests regardless of the Palestinian water sector beneficiaries’
and stakeholders’ best interest.
b) Joint Water Committee (JWC)
JWC is a joint Palestinian Israeli committee, made up of an equal number of Palestinians and Israeli
representatives.
JWC Area of Operation and Jurisdiction: West Bank only.

Joint Technical Committee (JTC): JTC is made up of Joint Supervision and Enforcement
Teams (JSETs) under the supervision of the JWC, to provide technical support to the JWC
for monitoring the West Bank’s water resources, water supply projects, drilling wells and
pricing.
Current Status:



The involvement of the Israelis in the decision making process has added extra layers of
bureaucracy that hindered and complicated development in the Palestinian water sector.
The asymmetric power dynamic within these committees generates a heavy bias to the
process of voting over all proposals, which have essentially further solidified Israel’s
control over the development of the water sector in the West Bank.
The JWC and the Israeli Civil Administration have reinforced the control that Israel has
over the water resources and sewage systems in the West Bank.
c) Israeli National Water Company (Mekerot)
Mekerot is responsible for the production and supply of water in Israel proper and to a certain
extent in the West Bank as well.
 Mekerot sells water to the PA for use in the West Bank and Gaza Strip for domestic
purposes and to a lesser extent for agricultural purposes.
14

Mekerot develops, operates, and maintains the water infrastructure used to deliver water
in the West Bank to the Israeli settlements and to those few Palestinian centers who
receive the quantities purchased by the PA through cooperation with WBWD.
d) Israel Water Commissioner
The Israeli Water Commissioner is responsible for the overall management of the water resources
in Israel with the aim of ensuring a steady water supply to all Israel's residents over time for diverse
consumption uses - domestic, industrial and agricultural. The Water Commissioner is responsible
for formulating of the water policy, the planning and development of the water economy,
preventing the pollution of water sources, the regulation of streams and flood prevention,
utilization of overflow water, development of new water sources, utilization of waste water,
development and promotion of efficient water use.
Water resource management is entrusted to the Water Commissioner appointed by the
government. Ministerial responsibility rests with the Israeli Minister of National Infrastructure in
most matters with responsibilities vested in the Ministers of Agriculture, Health, Finance,
Environment and the Interior for certain matters.
v.
Palestinian Government Ministries and Agencies Involved in the Water Sector
a) Ministry of Agriculture (MoA) : MoA Water and Irrigation Department (GDSI) is mainly
involved in water sector planning and hearing licenses.

The MoA is a member of the Palestinian Water National Councils (WNC) and
Palestinian Reform Committee.

The MoA provides consultation and has a monitoring role in the development of laws
(the water Law), regulations, legislations and policies.

The MoA is responsible for licensing for the ownership and operation of agricultural
wells. The MoA submits the applications for licensing agriculture wells to the JWC
which is responsible for approving the application.

The MoA is responsible for setting and overseeing the wastewater quality that will be
used for agricultural irrigation and it plays a monitoring role on design and
implementation and management of sewerage collection systems.

The MoA is a member of the National Water Council Experts committee; this
committee is reviewing the tariff setting system for agricultural use.
b) Environmental Quality Authority (EQA): The EQA is responsible for environmental
policymaking, regulation, planning, and budgeting and standards, where it provides the
following:
15

Health and environmental inspection of water quality, approval of regulation, and
environmental inspection of treated wastewater quality and reuse standards.

Members of the Palestinian Water Council and members of the technical and
consultation committees where it provides consultation on.

Development of public water management system on the LGU level, development of
legislations, polices, and regulations.

Setting water and treated wastewater quality standard in cooperation with the PWA
and the Palestinian Standards Institution (PSI).

Consultation on water distribution and sanitation collection system infrastructure
expansion and on water reservoir and sanitation treatment plant construction to
ensure the designs are according to environmental standards.
c) Ministry of Local Government (MoLG) : The MoLG is responsible for organization at the
operator level and hearing licenses. The MoLG is involved in policymaking, regulation,
planning, budgeting, tendering, and procurement, where it provides the following:
o
Technical assistance and consultation for national planning, legislation, and policy
formulation on wastewater treatment and reuse.
o
Technical assistance on licensing for the ownership and operation of domestic wells
and setting treated wastewater quality standards.
o
Capacity building on water and sanitation projects management.
o
Playing an inspection and monitoring role over water distribution systems and
reservoir construction and infrastructure extension
o
Has direct responsibility over the operation and maintenance of water distribution
systems, rehabilitation of water wells, and water reservoir maintenance if the projects
are small in size.
d) Ministry of Public Work and Housing (MoPWH): The MoPWH provides consultation on
policymaking, national planning, budgeting, regulation, tendering, and procurement for water
and sanitation projects through the Central Tendering Committee (CTC);
e) Ministry of Planning and Administrative Development (MoPAD): The MoPaD is involved in
general planning and international coordination with direct relations with donors. It provides
monitoring and evaluation, consultation on the national development plan including
legislation, policy development, national planning, and budgeting for water and sanitation.
Members of the Palestinian Water Council and tariff setting committee. MoPAD works with
donors to allocate the needed funds for the development of the water sector.
16
f)
Ministry of Health (MoH): The MoH in cooperation with the EQA, PWA and PSI is responsible
for setting water quality standards and the MoH is responsible for providing water quality
inspection at the household level.
g) Ministry of Finance (MoF): The MoF’s main involvement in the water sector is in water pricing,
tariff setting, and full cost recovery.
Relationship with Water Sector Stakeholders (SH): PA institutions working in the water sector
interact with other stakeholders. The degree and type of interaction depends on the institution’s
function in the water sector. Most of these institutions participate in the various planning
committees and water consuls. The interaction with the SH can be characterized as the following:

PWA: Currently there is a working relationship, which involves implementing partners,
consulting, information and data exchanges, licensing, approvals, planning and financing
supervision, monitoring, and inspection.

PA Institutions: Project implementation coordination, information and data exchanges,
and in some cases monitoring and evaluation, approvals, and inspection.

Donors and NGOs: Project implementation coordination, monitoring and evaluation,
information and data exchanges, and fundraising for water and sanitation projects,

LGUs, JSC, Water Services Providers: Capacity building, technical support, monitoring,
approvals, and inspection.
One of the initial observations is the extent of overlap between the role and responsibilities of the
different governmental stakeholders, which presents a potential risk for corruption and
mismanagement. The formulation of the national water council was initiated to ensure as one of
its roles a decent level of coordination among these ministries, but the de-functioning of the
council minimized the coordination and cooperation. Also, the relation between PWA and MoLG
does not exceed coordination, although the PWA should provide monitoring and regulatory roles
to the MoLG/ LGUs role of service provision. Further initial observations include that there is no
mention in the Agriculture Law about developing tariff setting systems for agriculture. The
absence of a national tariff system makes the agricultural water market subject to individual
interests. The absence of the system and appropriate monitoring will result in variation of fees
collected by agriculture water suppliers and may entail a corruption risk.
vi.
Local Level Institutions Involved in the Water Sector
a) Municipal Water Departments, Village Councils, and Joint Service Councils (JSC): These
groups are responsible for the distribution of water to their communities, planning and
budgeting, management and programme design, tendering, procurement, operation, and
maintenance at the local level.
17
Main Functions:

Governance and Planning: Technical assistance and consultation on national policy
development, legislation, and planning issues.

Regulation and Inspection: Tariff setting for wastewater collection and water for domestic
use. Some of the local institutions are responsible for licensing for wastewater collection
systems, control over water production for the municipality wells, and some of them are
involved (in a consultation or monitoring role) in setting water and treated wastewater
quality standards by providing opinion and feedback.

Management and Development of Water Recourses at the local level: Most of them have
decision-making authority over water and sanitation project design and management,
tendering and procurement for water and sanitation projects, water distribution systems
infrastructure extension and construction, sanitation collection system infrastructure
expansion, development/rehabilitation of new wells (designing and digging wells), water
reservoir construction and water and sanitation construction projects’ management in
their area of operation. Some of them (such as in Gaza and Nablus) are responsible for
sanitation treatment plants.

Supply and Operation: Most of them have decision-making authority within their area of
service over water distribution systems and wastewater collection system maintenance,
rehabilitation of water wells, water reservoir maintenance and wastewater treatment
plants.

Water Distribution: Some within these organizations are responsible for pricing and tariff
setting for water and wastewater collection fees at local level in coordination with the
PWA who have the full responsibility for pricing and tariff setting. In addition some provide
access to the poorer sectors of society to services. Some municipalities (such as Jericho)
are responsible for distributing the agriculture water to the farmers.
b) Jerusalem Water Undertaking (JWU):
The JWU is a model organization; it can offer governance and functionality advice to small,
medium and large municipal water supply departments.
The JWU is responsible for:
 The supply of water in the Ramallah and El-Bireh governorates.
 Planning and development associated with the water supply service.
 The JWU manages and operates five wells and supplies over fifty communities.
 It also has the administrative tasks of financing, meter reading, billing, as well as setting
water prices and collecting fees.
c) Water and Sanitation Services Authority (WSSA):
18
The WSSA is responsible for:



The supply of water and the collection and disposal of wastewater in Bethlehem, Beit
Sahour, Beit Jala, and some of the surrounding villages.
The planning and development associated with the local water and wastewater services.
Administrative tasks such as financing, meter reading, billing, as well as setting water
prices and collecting fees
Relationship with WS Stakeholders: The LGUs, JSC and water service providers interact with
other water sector stakeholders. The degree and type of interaction depends on the institution
type, area of operation, and size. The interaction with the stakeholders can be characterized as
follows:
vii.

PWA: Licensing, oversight, financial support, monitoring, and inspection.

Donors and NGOs: Project financing, capacity building, training, technical assistance,
information exchange, project implementation, coordination, and fundraising for local
water and sanitation projects.

MoLG: Regarding the LGUs and JSC, there is a supervisory and monitoring relationship.
Donors, INGOs, Working in the Water Sector:
Several donors, inter-governmental agencies, and INGOs are involved in the Palestinian water
sector including USAID, UN agencies, the World Bank, AfD, GTZ, ANERA, JICA, and others. The
water sector in particular receives a significant amount of priority by donors.
Main Functions: Financing, funding, fiscal transfer, management, and programme design,
including the following:

Provision of technical assistance and financial support for national planning legislation,
and policy development.

Provision of technical assistance for setting treated drinking water and wastewater quality
standards and tariff setting for domestic water use at the local level.

Provision of financial support for water distribution systems, wastewater collection
systems, and water reservoir maintenance.
Relationship with Water Sector Stakeholders: Donors and INGOs interact with other water sector
stakeholders; the relationship can be characterized as follows:

PWA: Project implementation coordination (PWA authorized by the MoF to implement
projects), working relationship, consulting, project monitoring through reports and
updates (by email).
19
viii.

MoF: The official representation body for agreements.

Other official bodies include CMWU, JSC, LGUs: Their role includes project
implementation, coordination, project management, financial and technical support, and
information and data exchanges.

Donors, NGOs: Mostly information exchange, project implementation and coordination
such as:
o
Creation and maintain of the water sector working group which was established by
donors with the aim of coordinating donor activities.
o
Emergency Water, Sanitation, and Hygiene (EWASH) group which focuses on
coordinating humanitarian activities in an effort to improve the effectiveness of an
emergency response.
Local NGOs, Unions, and Educational Institutions:
Several Palestinian institutions are involved to some degree or another such as the Palestinian
Hydrology Group, Coalition for Accountability and Integrity (AMAN), Islamic University–Gaza, and
the Water Union of Service Providers. These secondary stakeholders are mainly involved in
capacity building, training, lobbying, water research, advocacy, and some of them are involved in
infrastructure development of the water sector. In general their involvement includes the
following:

Provision of technical assistance and consultation on policy and legislation development,
and national planning. In addition, some of them are members of the water sector reform
committee.

Provision of technical assistance and consultation on the development of water and
sanitation regulation, setting of water and treated wastewater quality standards, and tariff
setting.

Provision of technical assistance for water infrastructure development.
Relationship with Water Sector Stakeholders: Local Nongovernmental Institutions’ relationship
with other WS stakeholders can be characterized as follows:

PWA: Project implementation, coordination, information and data exchanges,
research.

PA institutions and other Official Bodies: Project implementation, coordination,
information, and data exchanges.

CMWU, JSC, LGUs: Project implementation, coordination, project management, financial
and technical support.
20
and

Donor Organizations and INGOs: Mostly information and data exchanges, project
implementation, coordination, fundraising, and technical support.
IV. MAIN PROCESSES IN WATER GOVERNANCE
1.
Water Sector Governance
In an attempt to avoid ambiguity over the term ‘Water Governance,’ this report adopted the
following definition developed by the UNDP:
Water governance refers to the range of political, social, economic and administrative
systems that are in place to develop and manage water resources and the delivery of water
services, at different levels of society.
The integrity of the system is a prerequisite for achieving a good governance system within the
Palestinian water sector. Good governance includes rule of law, accountability, transparency and
participation. The integrity assessment of the current governance system is a needed first step
towards building an integrity based system which in itself can lead to strengthen the governance
structure and minimize the corruption and mismanagement of water resources.
On the national level the water sector is governed by:
-
Legislation
Policy
Regulations
Planning and budgeting
The governance of the sector at a national level includes the following processes:
-
-
Legislation: Drafting and adopting laws, Presidential decrees, and explanatory notes.
Policies: Setting policies and regulations through developing instructional materials,
procedures and systems.
Regulations: Regulating water resources utilization through licensing, monitoring of
performance, controlling water production, water supply, and quality. Also, conducting
inspection and oversight over water resources.
Planning and budgeting based on a national master plan for the sector; including strategic
planning and national operational plans. Budgeting to include revenues (fees from
licensing and registration, operational fees, surplus/deficit from bulk water, fees from
service providers, and external donor financing, loans, grants, and expenditures
(administration, operational cost and investment cost))
21
Stakeholders at the Governance Level are:
Stakeholders may be classified into two broad categories: Primary and secondary stakeholders:


Primary stakeholders: These are made up of both formal and informal institutions, groups
and associations who are involved in developing and implementing policies and
regulations for the effective provision of basic services to the general public. They include
government institutions such as the Palestinian Legislative Council, the Presidency, the
ministerial cabinet, NWC, PWA and line ministries (MoF. MoPAD, MoA, MoH, EQA), public
sector, and private sector.
Secondary stakeholders are made up of people or groups who have a role in the decision
making process but are not necessarily directly affected by the outcome. Secondary
stakeholders, otherwise referred to as intermediates, are comprised of civil society
organizations including water associations, NGOs, INGOs implementing agencies and
donors. The general public, the intended beneficiaries for the provision of basic water
services are also included in this category of stakeholders.
2. Water Sector Management
According to the Palestinian water law7, water sector management is done at two levels, national
and local levels.
At the national level, the processes are:
-
Protection of resources including: recharge zones, surface water, groundwater wells,
springs, wastewater collection and treatment plants
Exploitation of water resources: rainfall harvesting, groundwater wells, springs, stream,
and wadis, water distribution and allocation and treated wastewater re-use.
Water projects and programs, implementing of program.
Procurement and Construction.
Financial management : project finance and administrative
Human resources management.
At the local level the processes are:
-
-
Program/ project development and management: Project design and implementation
such as rehabilitation of wells, sanitation systems, water supply, distribution systems, and
reservoirs
Procurement and construction.
Pricing and tariff setting system.
Financial management (payment, expenditure, revenues and cost recovery).
Human resources management.
Primary Stakeholders:
7
water law chapter 1, article 1
22

National Level: PWA (WBWD and PMU) and line ministries (EQA, MoA, MoF)

Local Level: JWU, WSSA, CMWU, and LGUs and joint services councils
Secondary Stakeholders: Donors, implementing agencies, INGOs, NGOs, water associations, and
CSOs.
Main Functions of the Project Management

Technical, Managerial & Commercial Services

Sector Asset Management System – Investment Planning

Project Managment: Procurement, Risk Management, Contract Management, Quality Control
& Assurance, Scope Creep, Budget, and Time/Schedule.

TA-Capacity Building: Training, Organizational Development, Business Process, Engineering,
and Project Management
(Source: Institutional Water Sector review in Palestine)
3.
Water Supply, Service Provision, Operation and Maintenance
This is done at the local level and it mainly includes:
-
Local level planning and budgeting.
Allocation, and re-allocation of bulk water.
Regulations of consumption.
Operation and maintenance
Regulation for connection, illegal connection
Customers' services
Vendor water regulation
Primary Stakeholders: - PWA, JWU, WSSA, CMWU, LGUs, and the private sector
Secondary Stakeholder: Donors and civil society
23
Basic Requirements for the Service Providers:

General Management: Administration, Strategic Planning, Marketing, Communication,
Stakeholder Relations, Legal Affairs, Internal Audit, Environmental Management, Business
Development, Computing and IT Support.

Human Resource Management

Financial & Commercial: Economic & Financial Planning, Financial Administration, Financial
Control, Purchasing, Contract Management, Material management, and Asset Inventory.

Customer Service: Meter Reading, Accounting, Verification, Customer Relations, Customer Care,
Installation, Disconnection, and Customers’ Survey.

Technical:
o
Planning, Construction, Design, and Project Management
o
Operations, Maintenance, Repair, and Major Installation
(Source: Institutional Water Sector review in Palestine)
At the level of service provision there are many actors; main stakeholders and secondary
stakeholders. The existence of many actors with the lack of an active regulatory body, and
endorsed systems (tariff system, quality control system and regulations) to monitor and regulate
the services provision, provides an environment that enhance the risk for corruption. This will most
adversely impact the poorer and more marginalized sectors of society.
The presence of these requirements will be reviewed and its use evaluated within the water service
providers operation during the next phase of the assessment to better identify how the absence of
such requirement risk the efficiency of the service provision and its implication on the poor and
marginalised groups.
V. STAKEHOLDER ANALYSIS
1. Water Sector Governance
1.1. Legislations
The Palestinian water sector is governed by the Palestinian Water Law Number 3 that was issued
in 2002. The Law is restricted by Article 40 of the Oslo Accords which limits Palestinian access to
water resources and gives Israel control and authority over the management and development of
water resources. The following table presents the main process at the legislation and the
stakeholder’s roles versus these processes.
24
Table (1): Legislations
Process
Drafting
Laws
PWA- new draft of
the law No. 3 for
2002 is taking
place now. With
the participation
of NGOs,
governmental
bodies and with
the support of
donors.
Endorsement
First from the PLC and
then from the President
or the Palestinian
President when the PLC
is not acting.
Application
Monitoring and
application
PWA is fully
responsible for
management of
water resources
and sanitation in
Palestine
PLC with direct
supervision by the
President
PWA
Presidential office
PWA
MC
PWA
NWC
Presidential
Decree
as an
example:
Appointment
of the PWA
Chairman
NWC
President
MC
Explanatory
Notes8
PWA
Internal
Regulations
and System
i.e, Tariff
System
Reformulation and
development of
regional water
departments for bulk
water supply and
identifying their
responsibilities based
on a system issued by
the Cabinet (water law,
article 7)
NWC
PWA
Endorses the
procedures and internal
systems that governed
PWA management and
operations (water law,
article 9)
8
Explanatory notes: are notes produced to explain, validate and clarify articles of the law. It also provides
instruction on the application of the law articles.
25
Findings:
- The NWC is not active which results in the functions of the NWC (endorsement and
monitoring) not being activated at the water governance level.
- The MC so far did not endorse the regulations submitted by PWA.
- The PLC is not active recently, and when it was active, the role they were supposed to do
as the monitoring body to the legislation was not carried out in an efficient way.
Conclusion:
- There is a clear gap in the endorsement and supervision (monitoring) roles the PLC and
NWC are supposed to have over PWA legislative function. This negatively affects the
legislation process and hinders the formulation and adaptations of new laws. In addition,
there is a lack of monitoring bodies and accountability which greatly contributes to an
increased corruption risk within the water governance system and can greatly affect its
integrity.
1.2. Policies
This part of the governance level is considering the process of policy making which is an integral
element of the governance system and can greatly affect the outcome of other elements of the
water governance system and the efficient use of resources.
Table (2): Policies
Policy Making
Drafting
Endorsement
Water Policies
i.e, General water
policy, , Pricing
policy, …etc)
Water
Development
and Exploitation
Policy
NWC
PWA
PWA
NWC
Application
PWA and in line
with other
stakeholders
(MoA, MoPD,
MoF)
PWA and in line
with other
stakeholders
(MoA, MoPD,
EQA)
Monitoring on
Application
NWC and
MC
NWC and
MC
Findings:
- Based on Palestinian Water Law No. 3 of 2002, the PWA is responsible for drafting and
enforcing laws, policies, internal regulations and systems, and explanatory notes. Based
on chapter 2 article 7 clause 2 of the Water Law, the NWC endorses these policies,
procedures, and explanatory notes.
26
-
Analysis of the articles of the law in this regard reveals , it is clear that there is some
contradictory notes regarding the PWA reference body; the law states that the PWA is
under direct supervision of the president9, but in other articles it is mentioned that the
PWA should refer to the Ministerial Cabinet10.
-
There is no clear, regular, and systematic role of the line ministries in the application of the
water policies and water development policies. This is due to the level of work between
the PWA and the line ministries does not always exceed the coordination level. The degree
of coordination between the various PNA ministries is inadequate and the flow of
information, including data between ministries in general is limited.
Conclusions:
- As previously mentioned, the NWC is not functioning, consequently the endorsement and
monitoring body at the policy making level is not active.
- The PWA falls under the supervision of the President, CM, and NWC. They are supposed to
endorse its work at the level of policy making which creates a potential gap in an efficient
monitoring of the policy application when endorsed. It’s important to have a clear and
workable line of authority within the water governance system in order to function
properly and produce the needed results of efficient use of resources and responsible use
of power.
- There are many efforts and initiatives supported technically and financially by donors
(GTZ, USAID, World Bank) to develop and draft policies but so far there are no endorsed
policies for the water sectors (pricing policies, development policies,….etc). It’s imperative
to activate the proper channels and responsible parties as indicated by Palestinian law, for
developing, endorsing, and enforcing policies This is to make sure the policies formulated
contribute to the integrity of the system and that they are enforced to reduce the
corruption risks within the governance system.
- Good governance emerges when stakeholders engage and participate with each other in
an inclusive, transparent, and accountable manner to accomplish better service provision.
Therefore, the absence of a clear description of the roles played by both the PWA and line
ministries, combined with inadequate communication and flow of information between
the PA institutions, negatively affects the water governance system.
1.3. Regulations
This section will focus on the regulatory process of the water governance system and will analyze
the process at which the sector is being regulated.
1.3.1. Regulation of Water Licensing
Main Functions of the regulator should be to:



9
Develop and implement an economic regulation model
Issue licenses and charge service fees
Regulate public service (service providers including WBWD) obligations
Chapter 2, article 6 clause 2 of the water law
Chapter 2, article 7 clause 7 and chapter 4 of article 15, clause 7 of the water law
10
27





Regulate the quality of the service provided
Regulate the establishment of prices and tariffs
Regulate abstraction quotas
Promote the use of benchmarking
Develop programmes for performance incentives and penalties
Main Tasks of the Inspection Units:





Technical Inspectorate
Commercial Inspectorate
Financial Inspectorate
Environment and Health Interface
Utility and Service Provider Databank
Table (3): Regulating the Water Resources Exploitation and Use Processes11
Process
Applicant for
License
verification body
Licensing Body
Monitoring Body
PWA through
WBWD
Licensing for
agricultural wells
or licensing for the
exploitation of
water for
agriculture use.
Licensing for
domestic wells or
licensing for
exploitation of
water for domestic
and industrial use
individuals,
cooperatives
WBWD/ PWA,
LGUs, Water
Utilities, JWU,
CMWU, WSSA,
WBWD
In many cases with
support of donors,
NGOs, and INGOs
MoA
PWA is responsible
by law for licensing
the use of water
resources
including the
establishment of
public and private
wells….
PWA*
Then information
is provided to the
Israeli water
commissioner who
controls the
production of
water from the
aquifer
PWA through
WBWD
PWA*
Then information
is provided to the
Israeli water
commissioner who
controls the
production of
water from the
aquifer
11 By the water law, article 6, the water resources are publicly owned. Water utilization, exploitation and use are subjected to licensing
and exploitation articles.
28
Process
Applicant for
License
verification body
Licensing Body
Monitoring Body
MoH monitors the
water quality
Licensing for the
wastewater
collection system
and treatment
plants
LGUs, WSSA
In many cases with
support of donors,
NGOs, and INGOs
By law PWA
PWA
PWA and EQA
* The provision of licenses for groundwater wells (agriculture or domestic) and wastewater is strictly
controlled by the Israeli water commission.
Findings:
- The regulation of water resource utilization is done through the provision of licensing. The
licensing process is the responsibility of PWA. The recommendation of the MoA is required
when the ground water well is for agricultural use.
- The licensing process considers the groundwater wells for different purposes (domestic,
agriculture) and the wastewater treatment plants. The wastewater collection systems are
less considered. The licensing system ignores the use of other water resources such as
springs and surface water. Springs are mainly publicly used or used by the land owners
when it is used for irrigation purposes.
- By law, PWA is responsible for regulating and monitoring the water resources.
- It is clear that PWA is directly or through its different departments, WBWD, acting at
different levels at the same time: it manages the resources, it checks the specification, it
provides the licenses and at the same time it monitors the processes of the licensing and
the utilizing of these licenses.
- The role of line ministries is not systemized which in turn presents gaps in the processes of
regulating the water resources.
Conclusions:
- The PWA is carrying out many overlapping functions at the same time: it is the manager
of the resources, the licensing body, the regulator and monitoring body without regular
coordination with other official bodies, such as EQA, MOA, MoLG. One of the tasks of the
reform process that is taking place now at the PWA works to resolve this issue. Good
governance emerges when stakeholders engage and participate with each other in an
inclusive, transparent and accountable manner. It also requires other actors such as civil
society and increased empowerment of users’ groups, consumer committees, civil society
organizations, and a robustly free press.
- There is a need to separate the political, strategic (ministerial), and regulatory aspect from
the operational and water management activities within governance structure.
- The licensing process, by law, is the role of the PWA, but according to Article 40 of the
Oslo Accords, any license should be approved and endorsed by the JWC, which is under
Israeli control. This results in making the licensing process to significantly more time-
29
consuming, primarily due to the extra layers of bureaucracy as a result of the inherent
flaws in the JWC design. These have essentially further solidified Israel’s control over the
development of the water sector in the West Bank. Lack of control over water resources
creates a high potential for corruption risk and it compromises the integrity of the system.
In addition, decisions taken by joint Israeli-Palestinian committees are influenced greatly
by the Israelis’ interests and may not serve the best interest of the Palestinian population,
the primary stakeholder of the water sector. This can negatively impact the effectiveness
and sustainability of the water service provision which is a key result of a good governance
system.
1.3.2 Regulation of Water Provision
Table (4): Regulating the Water Provision
Process
Users
Drafting
Endorsed/Approved
Monitor
Domestic
Service
providers (LGUs,
JWU, CMWU,
WSSA)
LGUs, JWU,
CMWU, WSSA)
MoLG
PWA
Agricultural
Owners of the
wells
Owners of the
wells
MoA
PWA+MOA
Wastewater
Service
providers (LGUs,
JWU, CMWU,
WSSA)
Service
providers (LGUs,
JWU, CMWU,
WSSA)
MoLG and PWA
PWA+EQA
Control over the license
usage
PWA+ Service
providers (LGUs,
JWU, CMWU,
WSSA), private
sector and
cooperatives
N/A
N/A
PWA:
WBWDIsraeli
commissioner
Agricultural
MoA, Private
sector and
cooperatives
PSI
PSI, PWA and MoA
MoA and
EQA
Domestic
PWA+ Service
providers (LGUs,
JWU, CMWU,
WSSA)
PSI
PSI,PWA and MoH
MoH and
EQA
Wastewater
PWA+ Service
providers (LGUs,
JWU, CMWU,
WSSA)
PSI
PSI, PWA and MoA
MoA and
EQA
Beneficiary
PWA, EQA and
PWA
PWA and
EQA
Tariff
Setting
Setting of
water
quality
standards
Setting wastewater
treatment quality
30
Process
Users
Drafting
standards
(LGUs, WSSA)
PSSC
Individuals,
cooperatives,
and farmers
PWA and MoA
Endorsed/Approved
Monitor
PSI
PWA, MoA
and EQA
Findings:
- Regulating the processes of water resources and supply is a multi-stakeholders
involvement. The PWA’s main role at this level is to monitor the quantities utilized by the
licensed resources while many other stakeholders; MoH and EQA provide inspection over
water quality at service provision areas.
- Donors, INGOs, and NGOs interventions at this level include the provision of technical and
financial support.
Conclusion:
- By law, there are many stakeholders acting in regulating the water resources-supply
processes, but at the same time, not all the process are monitored and regulated in an
efficient way. It is important to have an independent regulatory body to be responsible for
the regulatory function in the water governance to ensure that the service delivery
received is within the customer’s entitlement. In addition, it is necessary to improve the
communication channels between the involved ministries and to enact the proper
monitoring tools and bodies to reduce corruption risks.
1.4 National Planning and Budgeting
Table (5): National Planning and Budgeting Processes
Process
Drafting
Endorsement
Application
Monitor
PWA
NWC but on the
ground the MC
By water law this is
entitled to NWC
National water
development plan
National
water/WW
budgeting (it does
not include
budgets and the
PWA - No direct
statement in the
law entitles PWA
to draft the plans.
Now it is done by
the PWA
By law, PWA and
approved NWC
on the ground
PWA present its
on the ground
MoPaD and MC as
part of the
infrastructure
development plan
implemented by ,
MoPaD, MoA, MoI,
and MoLG
MC: the
endorsement of
the yearly budget
is the
responsibility of
31
Direct payment by
MoF
MoF
SAI
external financing
of the program
and projects)
budget to MoPAD
the MC
Findings:
- Planning of the sector is supposed to include a number of stakeholders who are actively
involved, there have been many attempts to endorse developed planning process
- The PWA budget is endorsed by the MC. The budget is mainly to cover the administrative
and running costs. There is an allocated section to be used as a contingency budget for
emergencies.
- The law gives the NWC the authority to endorse sector plans, but since the NWC is not
active, there is a gap in performing this role.
- There is no endorsed or enforced national master plan for the water sector, which in turn
creates confusion in identifying the clear priorities of the sector.
Conclusion:
- In terms of planning and budgeting, the PWA is governed by the Palestinian MC, while by
law, it is clear that the planning process should be governed by the NWC. Having a
specialized body of concerned parties such as the NWC involved in the planning and
budgeting process will improve the effectiveness of the plans produced. In addition, a
master plan for the sector would be beneficial to guide the planning processes and will
produce coherent and responsive development plans at all levels.
2. Water Sector Management
2.1
Water Sector Management at National level
At the national level (West Bank and Gaza Strip), water resource management includes the
following processes:
2.1.1
Protection of water resources
Table (6): Protection of Water Resources
Water Resource
Users/Owners
Manager
Recharge zone
Public
PWA* by law but
the Israelis on the
ground
EQA and
PWA
Surface water
Public
PWA* by law but
EQA and
32
Inspector
Enforcement of
Regulation
PWA by law, but
EQA on the
ground with
limited
capacities.
PWA by law
Water Resource
Groundwater wells
for domestic water
Users/Owners
Manager
Inspector
the Israelis on the
ground
PWA
PWA: WBWD
and Private
sector
Enforcement of
Regulation
PWA
EQA and
PWA
PWA,
LGUs,
Public, and
farmers groups
PWA, EQA
Wastewater
collection
Public
ownership,
LGUs, and
Farmers
Communities
and LGUs
LGUs
EQA
EQA and PWA
Treatment plant
LGUs and JSC
LGUs and JSC
PWA, MoA
and EQA
PWA, MoA, and
EQA
Springs
PWA by law
PWA by law
* The recharge zones are allocated in C-areas. Based on Oslo agreement, areas classified as C
are under the full control of the Israelis.
2.1.2
Exploitation of Water Resources
Table (7): Exploitation of Water Resources
Resource
Rainfall harvesting for
domestic and
agricultural
consumption
Groundwater wells for
domestic water
Springs
Users/Owners
Individuals
PWA: WBWD
JWU, WSSA,
and Private
sector
Public
Manager
Inspector
Enforcement
of Regulation
Individuals
No clear
article in the
law identifies
inspector of
harvested
water.
MoH can do
inspection if
harvested
water is
used for
drinking
None
PWA
PWAWBWDIsraelis
PWA,
PWA, EQA
33
PWA by law
PWA by law
Resource
Streams and wadis
Groundwater wells
for agriculture
Water distribution
and
allocation/reallocation
Reuse of treated
wastewater
2.1.3
Users/Owners
Manager
ownership,
LGUs, and
Farmers
LGUs,
Public, and
farmers
groups
Public and
farmers
Public and
farmers
Inspector
Enforcement
of Regulation
PWA
PWA by law
Israeli Water
Commissioner
through
WBWD
Individuals and
cooperatives
Individuals and
cooperatives
PWA:
WBWD and
Israelis
PWA- WBWD
PWA-WBWD
PWA
NWC
LGUs
LGUs
MoA
EQA
Water sector projects and programs
Table (8):
Water Sector Projects and Programs
Process
Design of project/
program
Implementing of
program
Finance
Donors
(GTZ, KFW, JICA,
USAID, and World
Bank)
Donors
(GTZ, KFW, JICA,
USAID, and World
Bank)
Implementer
Monitor
PWA- PMU, private
sector engineering
consulting
PWA
PWA: PMU and the
private sector
contractors
PWA
Findings:
- The process of water resources protection is not well practiced, due to a number of
limitations amongst, the limited capacities of human and physical resources, and
restriction over access imposed by the Israelis.
- Water resources are utilised and exploited by different stakeholders, including public such
as springs and wadis with limited regulation that organise their use; public spring and
wadis. Others are managed by governmental bodies; mainly the PWA through WBWD,
i.e., groundwater wells and bulk water pipes and storage tanks. LGUs and utilities (JWU,
34
-
-
WSSA, CMWU) are managing and exploiting their own underground water wells, springs,
wastewater treatment plants. Private groundwater wells are managed by their owners;
private individuals, cooperatives and private companies as in agricultural groundwater
wells and springs. In some cases, like Ein Sultan, Ein Auja, and many others, the
exploitation of the water spring is a historical right of the farmers who own the land that
surrounding the spring area.
The oversight of protection and exploitation of the water resources is the role of the PWA
and at certain times this role is shared with EQA and MoA.
By law, the PWA holds the full responsibility of the management of water resources and
sanitation in Palestine. For that the PWA should guarantee that water resources are
protected, and its exploitation is done within national policies and regulations.
Lack of enforcement and monitoring is a very clear gap in the above mentioned processes
due to political reasons and limited capacities. For example
1) PWA could not take any measures that against the illegal groundwater well that are
being dug in Al-Faria area, Gaza Strip, and Jenin area. Such illegal groundwater well are
resulting in deteriorating the groundwater aquifers quantitatively and qualitatively; Faria
spring is dried and Gaza groundwater produce brackish and saline water.
2) PWA could not take any measures to eliminate the random solid waste dumping sites
that are spread all over sensitive recharge areas; the leaches of solid waste in such sites
pollute the ground water aquifer.
Conclusions:
- There is no clear endorsed system to apply protection regulation over the resources,
which makes it difficult to regulate water resources and ensure an effective and fair use of
these resources. This causes a potential gap for corruption and mismanagement of these
valuable resources.
- Although the exploitation of the resources is managed by the PWA, the overall control is in
the hands of Israel. The PWA’s inability to have full control over water resources creates a
high potential for corruption risk and it compromises the integrity system of the water
sector and will hinder development and effective utilization and management of these
resources to fulfil the Palestinian needs. This is due to the fact that decisions made by
Israelis obviously are devised to serve their own interests, which in most cases blatantly
contradicts Palestinian interests.
- in addition to the above mentioned gaps and risks, the water sector project and program is
subjected to a clear conflict of interest due to fact that PWA is designing, implementing or
supervising the implementation and conduct the monitoring, which provides a suitable
ground for corruption as PWA acts with no external oversight and this a potential risk
2.1.4
Procurement and Construction
35
For procurement and bidding issues of a total amount over $150,000 (USD) to take place in the
PWA, the procurement process is done through the Central Tendering Committee- Ministry of
Public Work and the PWA participates in the process but the process itself is the responsibility of
the NPC.
For those procurements and tenders of less than $150,000 (USD), the following processes are
taking place.
Table (9): Procurement and Construction
Process
Prepare
Specification and
PMU and private
design
sector
Bidding
Endorse/Approve
announcement
PMU and -technical department
PMU-
PMU
Auditor
of PWA
PMU, procurements and
PMU
financial department of the PWA
PMU and
Awarding
PMU
Procurement and
Financial department
Construction
2.1.5
Private sector
PMU and technical
department of PWA
PMU- procurements and
financial department of PWA
MoF and SAI
Financial Management
Table (10): Financial Management
Type
Who Allocates
Who Spends
Auditor
Administration finance
MC
PWA
SAI
Donors and
Project finance
2.1.6
MC and MoF
PWA
SAI
Human Resources
Table (11): Human Resources
Activity
Recruitment
Promotion
Capacity building
Who Announces
Who Approves
Auditor
PWA and
GPC
GPC
donors for project base
PWA and Donors
PWA and donors
PWA recommends
GPC
GPC
PWA
PWA
PWA
donors
donors
donors
36
Findings:
- The procurement processes and the financial management inside the PWA follow the
PWA’s procedures and it’s subjected to an audit by the MoF and SAI.
- As for the projects, the procurement is also subjected to the donors’ technical
requirements, if they exist, but the project financial issues are following the MoF’s
procedures and requirements.
- The recruitment, promotion of the human resources at the PWA are done based on the
GPC. Those who are project based recruited might are subjected to different recruitment
and promotional procedures upon the conditions of the project contract.
- PWA provides its staff with capacity building activities, and the majority of such activities
are covered by donors or partners' organisations. The training unit at PWA, is responsible
for managing the capacity building processes. The approval of the chairman of PWA is
requested for those who should participate in activities conducted abroad.
Conclusions:
- The procurement financial and human resources management procedures adhere to the
official PA endorsed mechanisms. Consequently, the risk for potential corruption is
minimum as there a system, the only risk exist when the system is violated.
- There is no clear plans for human resources development, the capacity building activities
are done upon the available opportunities that are offered by donors and partners
organisation, which in return create a risk area for corruption.
2.2 Water Sector Management at the Local Level
At the local level, the water sector is subjected to the involvement of different stakeholders in
addition to PWA. The water management issue at the local level is done by the local government
units (LGUs) or by semi private non-governmental bodies like the JWU, WSSA and CMWU. The
reference for the LGUs is the MoLG and the relation with the PWA is only at the coordination level.
37
The process of water management at the local level is as follows:
2.2.1
Program/Project Development and Management
Table (12): Program/Project Development and Management
Activity
Financer
Project design
Donors
Project
Donors
implementation
Project management
2.2.2
LGUs
Owner
Implementer
Auditor
LGUs/
NGOs/ private
JWU/WSSA/CMWU
sector
LGUs/ JWU/WSSA/
NGOs/ private
CMWU
sector
LGUs/
LGUs and
MoLG, MoF
JWU/WSSA/CMWU
consultant
SAI
MoLG-PWA
MoLG-PWA
Procurement and Construction
Table (13): Procurement and Construction
Activity
Specification
and design
Bidding
announcement
Financier
Draft
Endorse/Approve
LGUs/ private
Donors
LGUs/ private sector/
sector/
JWU/WSSA/CMWU
LGUs-
Donors
JWU/WSSA/CMWU
NGOs/INGOs
Awarding
Donors
Procurement
Donors
Construction
Donors
JWU/WSSA
LGUs/ private sector/
JWU/WSSA/CMWU
LGUs- JWU/WSSA
LGUs/ private sector/
NGOs/INGOs
JWU/WSSA/CMWU
LGUs- JWU/WSSA
LGUs/ private sector/
NGOs/INGOs
JWU/WSSA/CMWU
LGUs- JWU/WSSA
LGUs/ private sector/
NGOs/INGOs
JWU/WSSA/CMWU
LGUsManaging the
JWU-
LGUs- JWU-WSSA
project
WSSA
Individual
Auditor
Donor- PWA
Donor
Donor
Donor
Donor
LGUs/ private sector/
JWU/WSSA/CMWU/
individual
Individual
38
MoLG
2.2.3
Pricing and Tariff System
Table (14): Pricing and Tariff System
Activity
Implementer
Auditor
Enforcer
Pricing system
LGUs
MoLG-SAI
PWA by law
Fees collection
LGUs
MoLG-SAI
PWA by law
Spend by
Auditor
2.2.4
Financial Management
Table (15): Financial Management
Type
Administration
Allocated by
LGUs/ private sector/
JWU/WSSA
LGUs/ private sector/
JWU/WSSA/CMWU/
individual
MoLG- SAI (certified
auditor conduct
auditing and send it to
MoLG and SAI)
Donors- SAI
Project
LGUs/ private sector/
JWU/WSSA
LGUs/ private sector/
(certified auditor
JWU/WSSA/CMWU/
conduct auditing and
individual
send it to donors and
SAI)
2.2.5
Human Resources Management
Table (16): Human Resources Management
Activity
Recruitment
Promotion
Capacity building
Announced by
LGUs/ private sector/
JWU/WSSA/CMWU
LGUs/ private sector/
JWU/WSSA/CMWU
LGUs/ private sector/
JWU/WSSA/CMWU
Approved by
Auditor
LGUs
MoLG-SAI
LGUs
MoLG-SAI
LGUs
MoLG-SAI
Findings:
- The management of the water related resources (human, financial and developmental
project) at the local level falls under the mandate of the LGUs and other service providers;
JWU, WSSA and CMWU, and MoLG is supervising and monitor the processes at this level.
39
-
The implementation of processes is guided by endorsed systems (human resources
management system, financial systems, procurement and tendering system) by MoLG.
The role of PWA, in regulating and monitoring the processes at this level is not visible
Conclusions:
- Within the clear mandate of MoLG to supervise and monitor the performance of the LGUs
and service provider at local level, the role of PWA is limited to licensing of water projects/
programs, approval of pricing and fees collection system.
- The overlapping between the roles of PWA and MoLG at few process, creates conflict
between them and provide narrow margin for PWA to act. This area needs to be clarified
and identified.
3. Water Supply, Provision, Operation, and Maintenance
Water supply and services provision at the local level includes the following:
3.1
Local Planning and Budgeting
Table (17): Local Planning and Budgeting
Activity
Who
Approval by
Local Water
Development Plan
LGUs, JWU, WSSA,
MoLG, and PWA
Local Water/WW
Budgeting
3.2
and CMWU
Monitoring Body
MoLG,
General Assembly, and
PWA
LGUs, JWU, WSSA,
MoLG, and PWA
and CMWU
MoLG,
General Assembly, and
PWA
Allocation of Received Bulk Water
Table (18): Allocation of Received Bulk Water
Activity
Source of Bulk Water
Distributer
Inspector
Bulk Water Supply
PWA which is from its
LGUs, JWU, WSSA,
PWA through the
own groundwater
and CMWU
WBWD
LGUs
PWA Labs
wells or from Mekerot
Bulk Water Quality
PWA which is from its
Control
own groundwater
wells or from Mekerot
40
3.3
Regulation on Consumption
Table (19): Regulation on Consumption
Activity
Water Distribution for
Domestic and
Distributers
LGUs, JWU, WSSA, CMWU, and
the private sector
Agricultural Use
Water Quality Control
3.4
Inspector
LGUs, JWU, WSSA, CMWU, and
PWA through the WBWD
MoH can conduct testing
for the quality of water
the private sector
used for domestic use
Operation and Maintenance
Table (20): Operation and Maintenance
Activity
Water Distribution Systems O&P
Direct Responsibility
LGUs,
JWU,
WSSA,
Supervision and Monitoring
and
PWA
CMWU
Groundwater Wells O&P
Well's owner (PWA, LGUs,
PWA through the WBWD
JWU, WSSA, and CMWU)
Water Reservoir O&P
reserviour's
LGUs,
owners
JWU,
(PWA,
WSSA,
PWA through the WBWD
and
CMWU)
Irrigation Water Distribution Systems’
Owner of the system
None,
O&P
unless
external
monitor’s work is financed by
donors
Wastewater Collection System O&P
3.5
the
LGUs and WSSA
PWA
Regulation for Connection and Illegal Connection
Table (21): Regulation for Connection and Illegal Connection
Activity
Connection to the Water Network/
WW Collection System
Monitor Illegal Connection
Direct
Supervision and
Responsibility
Monitoring
Service providers
Service providers
41
No external supervision
far from service providers
No external supervision is
provided, except the
supervision of the service
providers
Measuring Mechanisms to Target
Illegal Connections
3.6
Service providers
No external supervision is
and in a few cases
provided, except the
it turns to the
supervision of the service
courts
providers
Consumers' Services
Table (22): Consumers' Services
Activity
Direct Responsibility
Supervision
Fees Collection
Service providers
Service providers
Handling Customers'
Complaints
Information Provision
3.7
Service providers
Service providers
Vendor Water Regulation
Table (23): Vender Water Regulation
Activity
Extracting Water from
the Source
Distributing Water to
Customers
Water Quality Control
Direct responsibility
Supervision
Water vendors
LGUs
Water vendors
LGUs
Random selection by the
Water vendors
MoH
Findings:
-
-
12
The Water Supply, Provision, Operation, and Maintenance processes are the sole
responsibility of the service water providers such as; LGUs, WSSA, JWU, CMWU, private
vendors and groundwater well owners.
The service providers are supervised and are monitored by the MoLG based on its
mandate. The water provision is considered part of the functions of the LGUs and other
service providers. The service provision is treated by the LGUs’ law 12 as any other services
that fall under the LGUs’ mandates.
Law No. 1 for the year 1997, Local Governance Units Law.
42
-
-
-
-
The role of the PWA at this level is restricted to provide 1) licences for networks,
groundwater wells, water reservoirs, WW collection systems and treatments plants, 2)
provide bulk water to communities through its own bulk water pipes and groundwater
wells.
Service providers such as the LGUs might utilise the bulk water received for servicing its
own communities. In addition a few of them sell part of the bulk water to other
communities as in the Nablus and Hebron municipalities. Some LGUs use the available
water sources for both domestic use, as well as agricultural use, such as in the Jericho
municipality.
Dealing with the customers' complaints is handled out by the service providers based on
the service providers’ bylaws and internal systems. As for the fees collection, service
providers faces problems in this issue due to lack of an enforcement measure against
those who do not pay
Many communities are not completely or partially served by the service providers or they
face deficit in water provision. This results in the creation of a tangible role of service
provision through vended water., The process is currently being monitored by the LGUs.
Such environmental practices of vended water increase the overall cost of water for
consumers.
Conclusion:
-
VI.
In reality, the PWA is not involved on a serious level within the framework of a clear
monitoring body. The PWA’s involvement in water service provision on the local level is
limited by the current endorsed system and its regulatory and monitoring role is not well
defined. This may result in gaps in the water governance system and impose a corruption
risk. Any or all of this can result in a conflict of interest situation since an authorized
monitoring body is not able to enforce regulations on the local level.
CONCLUSIONS AND RECOMMENDATIONS
Good governance involves constructive cooperation between the different sectors’ stakeholders
where the result should be the efficient use of resources, a responsible use of power, and an
effective and sustainable services provision. Good governance emerges when stakeholders
engage and participate with each other in an inclusive, transparent, and accountable manner to
accomplish better service provision, that is free of corruption and abuse, including that which is
also performed within the rule of law. Corruption and a lack of transparency and accountability
result in the mismanagement of water resources and in turn negatively affects the availability of
water, service delivery, and in an overall loss of revenues13.
13
Fighting Corruption in the Water Sector, Methods, Tools and Good Practice, UNDP, 2011. P84, (Ref. No. 3)
43
In comparison to the good governance definition, the analysis of stakeholders' mapping in the
water sector revealed that:
-
-
-
Concentrating the power in the hands of a national water council which is not active,
hinders the major processes in the water sector, i.e. policy formulation and endorsement,
national planning, and the coordination with other line ministries and stakeholders which
in turn weakens the constructive cooperation.
The imperfect sovereignty and limited control over national water resources greatly
hinders the PWA and other stakeholders from the effective management of the sector.
Overlap between the different stakeholders cannot drive the service provision sector
towards better efficiency to meet the consumers demands.
The role of stakeholders is not well defined. This creates overlap and conflict areas
between different key players and stakeholders as it happens under the supervision of
water provision at local level. On other hand, gaps are created at certain processes
because of the absence of identified roles, as in the monitoring of the operation and
maintenance of the water networks and water projects.
Below are findings according to areas that can impose corruption risk and can hinder the existence
of a good governance system for the water sector in Palestine.
1. Water Sector Governance
Governance Structure
- Based on Palestinian Water Law No. 3 of 2002, the PWA is responsible for drafting and
enforcing laws, policies, procedures, and explanatory notes. Based on Chapter 2, Article 7,
Clause 2 of the Water Law; the NWC, which is currently not active, should normally
endorse these policies, procedures, and explanatory notes.
- The multiple referral body for the PWA at the policy making level creates a potential gap in
the efficient monitoring of the policy application when endorsed. It is important to have a
clear and workable line of authority within the water governance system in order for it to
function properly and produce the needed results of an efficient use of resources and a
responsible use of power.
- The MC so far did not endorse the regulations submitted by the PWA. It’s imperative to
activate the proper channels and responsible parties for developing, endorsing, and
enforcing policies. This is ensure that the policies formulated contribute to the integrity of
the system and that they are enforced in order to reform the system and reduce
corruption risks within the governance system.
- The PWA is responsible for carrying out several overlapping functions at the same time,
which may result in a conflict of interests situation. The PWA is the owner, the licensing
body, the regulator, and monitoring body without proper and regular coordination with
other official bodies (such as the EQA, MOA, MoLG).
44
-
-
-
There is a need to separate the political and strategic aspects (ministerial) and regulatory
aspects from the operational and water management activities within the governance
structure to enhance integrity and reduce corruption risk. It is recommended to establish
an independent regulator (Regulatory Authority) for water and wastewater. An organic
and financially independent regulatory body which reports to the Prime Minister should be
established. The role of the regulator is to ensure that the service delivery received is
within the customer’s entitlement and that it is within the capacity of the water service
providers.
The WBWD has yet to obtain financial autonomy It is recommended that it be restructured
in order become a semi-governmental agency. The WBWD would also be required to
provide financial and operational performance details to an independent regulator and the
PWA.
The civil society involvement in the water sector might provide a positive role in good
governance. Their participation and involvement in the sector, if well defined, might act as
an observatory body to minimize risks for corruption.
Monitoring Bodies
- The National Water Council (NWC) is not currently active, which results in massive delays
in approvals and monitoring functions which should be carried out by the NWC. This in
turn negatively impacts good water governance.
- The PLC is not currently active, and when it was active, their role is supposed to be as
monitoring body to the legislation which was not carried out in an efficient way.
- There is a clear gap in the endorsement and supervision (monitoring) roles the PLC and
NWC are suppose to have over the PWA’s legislative function, which negatively affects the
legislation process. It also hinders the formulation and adaptation of new laws. In addition,
the lack of monitoring bodies and accountability poses a corruption risk within the water
governance system and can greatly affect its integrity.
- It is necessary to improve the communication channels within the involved ministers and
to enact the proper monitoring tools and bodies to reduce corruption risks.
2. Water Sector Management
Control over Water Resources
- There is no clear endorsed system to apply protection regulation over the water resources;
- Although the exploitation of resources is managed by the PWA, the overall control is in the
hands of Israeli occupation authorities such as the military and Civil Administration.
- The Palestinians are forced to purchase water from the Israeli water company Mekerot.
- The licensing process, by law, is the role of the PWA, but according to Article 40 of the
Oslo Accords, any provided license should be approved by the JWC before it is issued to
the applicant, which makes the process under complete Israeli control. This results in
making the licensing process significantly more time-consuming, primarily due to the
extra layers of bureaucracy as a result of the inherent flaws in the JWC design. This has
45
-
-
greatly hindered the Palestinians’ control over resources and development of the water
sector in the West Bank.
The lack of control over water resources creates a high potential for corruption risk and it
compromises the integrity of the system. In addition, decisions taken by joint IsraeliPalestinian committees are influenced greatly by the Israelis’ interests and may not serve
the best interest of the Palestinian population, the primary stakeholder of the water
sector. This can negatively affect the effective and sustainable water service provision,
which is a key result of a good governance system.
The WBWD is greatly hindered by the ambiguous nature of the prolonged political
situation, which in turn does not allow for the department to be streamlined by the PWA.
Exploitation and Water Resources Development
- The law gives the NWC the authority to endorse the sector‘s development plans.
Unfortunately, since the NWC is not active, there is a gap in performing this role. Having a
specialized body of concerned parties involved in the planning and budgeting process will
improve the effectiveness of the plans produced.
- There is no endorsed or enforced national master plan for the water sector which in turn
creates confusion in identifying clear priorities of the sector. A master plan for the water
sector will guide the planning processes to produce coherent and responsive development
plans at all levels.
- The involvement of the Israeli occupation in the decision making process has added extra
layers of bureaucracy that hinders and complicates the development in the Palestinian
water sector.
- Project selection currently taken by the donors are in some cases ad hoc in nature and are
limited by the political feasibility of projects reinforced through the Israeli veto in the JWC,
and the non–approval of the ICA.
- Secondary stakeholders suffer from a lack of coordination which has led to a significant
amount of duplication of work, as well as a high atmosphere of competitiveness existing
between them for various projects.
- There is no clear, regular, and systematic role of the line ministries in the application of the
water policies and water development policies. Since the level of work between the PWA
and the line ministries does not always exceed the coordination level, this is more
apparent. The degree of coordination between the various PNA ministries is inadequate
and the flow of information, including data between ministries in general is limited.
3. Water Supply, Service Provision, Operation and Maintenance
-
Service delivery in the water sector is not a regulated function, it is a shared realm of the
MoA, the MoLG and PWA -WBWD.
There was no strategic or master plan for the creation of service providers.
The water management at the local level is done by the LGUs or by semi-private nongovernmental bodies like the JWU, WSSA, and CMWU.
46
-
-
The MoLG, LGUs, JWU, and WSSA (with the support of the donors) are the main key
stakeholders at local level with minimum input from the PWA.
PWA involvement in the local level service delivery is limited and MoLG is the overall
responsible organization, which in some ways contradicts the law where the PWA should
monitor the processes.
Currently no tariff setting system for agriculture water usage exists, which results in a
variation in the fees collected for agriculture water use and it makes it difficult to monitor
and regulate the cost. This situation creates a gap in the water governance structure and
may result in corruption risks as most of the agricultural wells are privately owned.
47
Annex 1: References
1. HYDROSULT (2011) Institutional Water Sector Review In Palestine.
2. WATER GOVERNANCE PROGRAMME (2009), PWA-: Building the capacity for
Institutional Reform of the Water Sector,
3. UNDP, (2011) Fighting Corruption in the water Sector, Methods, Tools and Good
Practices.
4. UNDP and SIWI, April, 2011 Training Manual on Water Integrity,
5. UGANDA: RISK/OPPORTUNITY MAPPING STUDY ON INTEGRITY AND
ACCOUNTABILITY IN THE WATER SUPPLY AND SANITATION SECTOR, Water Integrity
Network, August 2009
6. BASELINE SURVEY ON INTEGRITY IN THE UGANDA WATER SUPPLY AND SANITATION
SECTOR (WSS), Main Report, August 2009.
7. European Centre for Development Policy Management (ECDPM), November (2008)
Analyzing and Addressing Governance in Sector Operations,.
8. World Bank & Transparency International, (2009) Improving Transparency, Integrity, and
Accountability in Water Supply and Sanitation,
9. Water law , No. 3 for the year 2002;
10. Amnesty International (2009) Troubled waters – Palestinians denied fair access to water.
48
Annex 2: Stakeholders mapping Questionnaire
Reference Number:___________________
1. GENERAL INFORMATION
1.1. Organization Name:
___________________________________________________
1.2. Org contact details:
_________________________________________________________
1.3. Org. Website:________________________________________________________
1.4. Organization type:
□ Donor, UN Agency
□ Governmental National Ministries and Agencies
□ Service Provider, Local Governance Unit, JSC
□ Service Provider Private Company or semi governmental
□ Local NGO
□ International NGO
□ Other:___________________________
1.4.1
Name of the Department:_____________
1.5. Area of operation
□
□
□
□
□
□
□
Palestinian Territory- WB+GS
WB
GS
North WB
Middle WB
South WB
Jordan Valley
49
1.6. Department within your organization directly involved in the water sector
1.6.1. Name of the department:_____________________
1.6.2. The Department falls under the supervision of :__________________
1.6.3. Number of Human Resources and capacities allocated to work in the
department:______________
1.7. How is your organization/department involved in the water and Sanitation sector?
□ policymaking and regulations
□ Planning and budgeting
□ donor financing, funding and fiscal transfer
□ Management and programme design
□ Tendering and procurement
□ Construction
□ Operation and maintenance
□ Payment (for service)
□ other
1.8. Donors Only:
1.8.1. Amount of money invested in the Water and Sanitation Sector during
the last year (for donors only): ________
1.8.2. Areas of investment (for donors only):
Financial support for PWA: specify
_____________________________________
Financial support for projects (specify type of
projects):______________________
To whom the financial support is directed
to:_______________________________
Financial support for technical support (specify type of technical support):
________________________________________________________________
To whom the technical support is
directed:_________________________________
Financial support for other stakeholders in the Water and Sanitation sector:
identify (NGOs, LGUs, Utilities, Private,…..etc). Specify:
____________________________
50
2. Stakeholders Interfaces:
2.1. Relationships with PWA
□ Hierarchal and administrative Reporting Relationship (PWA is the direct
supervisor of your organization)
□ Performance Reporting Relationship (NGOs and LGUs)
□ Working Relationship (contracting, implementing partners, consulting work,
□ Information and Data Exchanges
□ Project implementation Coordination
□ No Relationship
□ Other: identify_________________________
2.2. Relationships with Other Water and Sanitation Sector stakeholders:
□ Name and type of stakeholder: ________________________________
Relation Type:_________________________________________
□ Name and type of stakeholder: ________________________________
Relation Type:_________________________________________
□ Name and type of stakeholder: ________________________________
Relation Type:_________________________________________
3. ORGANIZATION ROLE IN THE PALESTINIAN WATER SECTOR
3.1. Level One: Water and Sanitation Governance
3.1.1. Policy –Making and Regulation
3.1.1.1.
Primary and secondary legislation (Water and Sanitation Sector)
□
□
□
□
□
Development of Laws
Development of regulations
Legislation
Consultation/
Provision of technical assistance, please specify to
whom:______________________
□ Provision of financial support, please specify for
what:_________________________
51
3.1.1.2. Policy development and formulation (Water and Sanitation
Sector)
□ Decision-making Direct responsibility
□ Provide Tech. support, please specify to
whom:______________________________
□ Provide Financial. Support, please specify for
what:___________________________
□ Inspection/
□ Monitoring and evaluation
□ Consultation
5.1.2. Regulation (Water and Sanitation Sector)
Decision-making
Direct
responsibility
□
Licensing for the
ownership and operation
of agricultural wells
□
Licensing for the
ownership and operation
of domestic wells
□
Licensing for the
wastewater collection
system
□
Tariffs Setting – Domestic
use
□
Tariffs Setting –
Agricultural use
□
Tarrif Setting –
Wastewater collection
system
□
Control over water
Production
□
Setting Water Quality
Standard
□
Setting treated
52
Provide
Tech.
support
Provide
Financial.
support
Inspection/
Monitoring
Consultation
wastewater Quality
Standards
3.1.3. Water and Sanitation Sector National Planning and budgeting
3.1.3.1.
□
□
□
□
□
□
National Planning
Decision-making Direct responsibility
Provide Tech. support
Provide Financial. Support
Inspection
Monitoring and evaluation
Consultation
3.1.3.2.
National Budgeting for water and sanitation
□
□
□
□
□
□
3.1.4.
Decision-making Direct responsibility
Provide Tech. support
Provide Financial. Support
Inspection
Monitoring and evaluation
Consultation
National Inspection for water and sanitation
□
□
□
□
□
□
3.1.5.
Production Inspection
Health and environment inspection
Financial Inspection
Commercial Inspection
Enforcement
Monitoring and evaluations
Donor financing, funding and fiscal transfer for water and sanitation
□
□
□
□
□
□
Decision-making Direct responsibility
Provide Tech. support
Provide Financial. Support
Inspection/ monitoring
Monitoring and evaluation
Consultation
3.2. Level Two: Water Resources and Sanitation Management and Development
Direct
Provision of
Provision of
Responsibility
Technical
Financial
53
Monitoring
Consultation
assistance
assistance
3.2.1. Bulk water whole distribution planning
□
Program/project
Design and
Management (water
and sanitation
projects)
□
Tendering and
procurement for
water and
sanitation projects
3.2.2. Infrastructure and Construction
□
Water distribution
systems
infrastructure
extension
□
Water distribution
systems
construction
□
Sanitation
Collection System
infrastructure
collection/
expansion
□
Development/
Rehabilitation of
new wells
(Designing and
digging wells)
□
Water reservoirs
construction
□
Irrigation Water
distribution systems
infrastructure
extension
□
Irrigation Water
distribution systems
construction
□
Sanitation
treatment plant
construction
54
3.2.3 water and
sanitation project s’
management
3.3. Level Three: Supply and distribution (Operational level)
Direct
Provision of
Provision of
Responsibility
Technical
Financial
assistance
assistance
3.3.1. Operation and maintenance
□
Water distribution
systems maintenance
□
Rehabilitation of new
wells
□
Water reservoirs
maintenance
□
Irrigation Water
distribution systems
maintenance
□
Wastewater collection
system maintenance
3.3.2. Bulk water /Sanitation whole fees collection
□
Pricing and Tariff
sitting local level
□
□
□
□
□
Cost recovery
Water supply/
agricultural
water supply for
domestic and
Industrial
Wastewater collection
fees
Access of poor to
services
3.3.3. Please list the main sector you work in
□
□
□
□
□
□
Domestic use sector
Agricultural sector
Industrial sector
Water bottling (water factories for water bottling)
Public water (recreational and public park water)
Wastewater collection systems
55
Monitoring
Consultation
□ Wastewater treatment plants
□ Other:____________________
3.3.4. Please list the main geographical areas you provide your services to *
□ One Community
□ More than one community (Specify):_______________________________
□ Other: ______________________
Annex 3: List of Organizations Interviewed
No
.
Data of
interview
People met or
interviewed
1
November
24th
Mr. Eyad
Rammal
2
November
24d
3
November
24th
4
November
26th
Ms. Taghrid
Hithnawi
Ms, Ghada
Zghair
Mr. Nadim
Melhem
Organization
Name
Organization
type
World Bank
Donor, UN
Agency
MoP
Governmenta
l National
Ministries and
Agencies
Area of
operation
Palestinia
n
TerritoryWB+GS
Palestinia
n
TerritoryWB+GS
(AMAN)
Local NGO
Palestinia
n
TerritoryWB+GS
-GIZ-
Donor, UN
Agency
Palestinia
n
TerritoryWB+GS
56
Involvement in the water
and Sanitation sector
Donor financing, funding
and fiscal transfer
Direct relation with donors
enhancing integrity,
accountability,
transparency
Donor financing, funding
and fiscal transfer,
Management and
programme design
No
.
5
6
7
Data of
interview
November
27th
November
28th
November
30th
People met or
interviewed
Mr. Qasem
Abdo
Mr. Ayman
Jarar
Mr. Imad Al
Masri
8
December
1st
M. Najee Al
Nassrawee,
M. Marwan
Mutaz,
9
December
4th
Mr. Ahmed Abu
Thaher
10
December
4th
Mr. Jihad Bashir
Organization
Name
Organization
type
Area of
operation
Involvement in the water
and Sanitation sector
(MoA)
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policymaking and
regulations, Planning and
budgeting, , Management
and programme design,
Tendering and
procurement
PWA
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Management and
programme design,
Tendering and
procurement,
Construction, Fund raising
Nablus
Municipality
Service
Provider,
Local
Governance
Unit, JSC
North WB
Policymaking and
regulations, Planning and
budgeting, Management
and programme design,
Tendering and
procurement, Operation
and maintenance
Hebron
Municipality
Service
Provider,
Local
Governance
Unit, JSC
South WB
Management and
programme design,
Tendering and
procurement,
Construction, Operation
and maintenance
EQA
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policymaking and
regulations, Planning and
budgeting, Standards
PWA- (PMU)
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Management and
programme design,
Tendering and
procurement,
Construction, Fund raising
57
No
.
11
12
13
14
15
Data of
interview
December
6th
December
6th
December
7th
December
7th
December
8th
People met or
interviewed
Mr. Ahmed
Yaqubi
Mr. Rebhi Al
Shiekh
Mr. Monther
Shoblaq
Organization
Name
Organization
type
Area of
operation
PWA-GAZA
Governmenta
l National
Ministries and
Agencies
GS
PWA-Gaza
Governmenta
l National
Ministries and
Agencies
GS
(CMWU)
Service
Provider,
Local
Governance
Unit, JSC
GS
Involvement in the water
and Sanitation sector
Policymaking and
regulations, Planning and
budgeting, Donor
financing, funding and
fiscal transfer,
Management and
programme design
Policymaking and
regulations, Planning and
budgeting, Donor
financing, funding and
fiscal transfer
Planning and budgeting,
Management and
programme design,
Tendering and
procurement,
Construction, Operation
and maintenance
GS
Planning and budgeting,
Management and
programme design,
Tendering and
procurement,
Construction, Operation
and maintenance
Mr. Maher Al
Najjar
(CMWU)
Service
Provider,
Local
Governance
Unit, JSC
Mr. Afif Said
Ministry of
Public Work
and Housing
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policy making and
regulations, Tendering and
procurement
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policy making and
regulations, Tendering and
procurement
Educational
Institution
GS
Education and Training
16
December
8th
Mr. Said Abu
Zied
17
December
8th
Mr. Said
Ghabayen
Central
Tendering
CommitteeMinistry of
Public Work
and Housing
Islamic
University Gaza
58
No
.
18
19
20
Data of
interview
December
8th
People met or
interviewed
Mr. Khaled
Kahman
December
8th
Mr. Yousef
Awaes
December
12th
Mr. Ghazi AlNaji,
Mr. Jalal
Bisharat,
21
December
12th
Mr. Ragheb
Atta Allah
22
December
13th
Mr. Khalil
Ghabbeish
23
December
13th
Mr. Samir
Dawabsheh and
Mr. Imad Abu
Alhaj
24
December
15th
Mr. Issam
Ghanam,
Organization
Name
Organization
type
Area of
operation
Involvement in the water
and Sanitation sector
EQA GAZA
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policymaking and
regulations, Planning and
budgeting
PWAInternational
Cooperation
and
Coordination
Unit (ICU)
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Donor financing, funding
and fiscal transfer
Jericho
Municipality
Service
Provider,
Local
Governance
Unit, JSC
Jordan
Valley,
Jericho
area
Gaza
Municipality
Service
Provider,
Local
Governance
Unit, JSC
GS
(WBWD)
Governmenta
l National
Ministries and
Agencies
WB
Operation and
maintenance
(MoLG)
Governmenta
l National
Ministries and
Agencies
Palestinia
n
TerritoryWB+GS
Policymaking and
regulations, Planning and
budgeting, Tendering and
procurement
Water Union
of Service
Providers
Water
Services
Providers
Union
Palestinia
n
TerritoryWB+GS
Capacity building, training,
lobbying, information,
conferences
59
Operation and
maintenance, The finance
section (department) is
responsible for collecting
payments for the services
provided
Policymaking and
regulations, Planning and
budgeting, Management
and programme design,
Tendering and
procurement, Operation
and maintenance,
Payment (for service)
60