Insert country name: TURKEY
1. Status of the main human rights conventions & other relevant instruments
This checklist is to enable you to track and assess the status of the main global and regional
conventions on human rights with impacts on water management in your country.
Signed
Ratified
Year
Conventions
Universal Declaration of Human Rights
_____
International Covenant on Economic,
Social and Cultural Rights


2000/2003
Convention for the Rights of the Child


1990/1995

1985
Convention on the Elimination of all forms
of discrimination against Women
Convention Against Torture and other
Cruel, Inhuman or Degrading Treatment or
Punishment


1988
International Convention on the
elimination of all forms of racial
Discrimination


1990/1995
Regional Instruments (Europe)
Signed
Ratified
Year
CoE Convention for the Protection of
Human Rights and Fundamental Freedoms
_____
CoE Framework Convention for the
Protection of National Minorities
_____
UNECE Convention of the Protection and
Use of Transboundary Watercourses and
International Lakes
_____
UNECE Protocol on Water and Health
_____
UNECE Aarhus Convention
_____
UNECE PRTR Protocol
_____
Transboundary water courses agreements
(if applicable)
Rhine
_____
Danube
_____
Cooperation agreements with neighbouring
countries on shared water resources
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Agreement between the Republic of Turkey and the Republic of Bulgaria on determination of the
boundary in the mouth area of the Mutludere/Rezovska River and delimitation of the maritime areas
between the two States in the Black Sea.
Basin: Mutludere/Rezovska
Date of text: 04 December 1997.
Entry into force notes: The Agreement shall enter into force on the date of the exchange of the instruments of
ratification by the contracting Parties (art. 8).
Type of text: Agreement
Full text available (English): bi-17355.pdf
Source:FAO Waterlex available at: http://faolex.fao.org/waterlex/index.htm
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2. Assessment of country context to implement a HRBA to water
This check list aims at helping with the assessment of the enabling environment in the country as well
as the main socio-political problems in the country.
Socio-political context
Priorities for human development
in the country (development plan)
Integration of WSS in the
development plan
Turkey’s ninth National Development Report clearly states “the main
purpose of the policies in the area of human development and social
solidarity will be to raise the quality of life and welfare of the society
by ensuring that all segments of the population benefit sufficiently
from the basic public services as well as a multi-dimensional social
protection network.”1
WSS form part of the development plan outlined above. 2
Current level of achievement of the
MDGs on WSS
Support in the country for HRBA
to WSS
No information found.
Respect of rule of law in the
country
The EU accession process will be carried out based on the rule of law
and mutual benefit principle, with a long-term perspective and a
rational approach. Therefore, efforts towards increasing the quality of
judging process and main components of this process will be
continued; legal and institutional regulations, which will ensure the
fast, fair, reliable and proper operation of the judging process, in the
framework of the rule of law and state of law requirements, will be
realized.3
Fight against corruption in the
country
Turkey ranks 64th out of 179 countries on the Transparency
International Corruption Perceptions Index. 4
Minority and vulnerable and
marginalised groups in the country
with regard to access to water and
sanitation
No information found.
Any discriminatory practices
identified and reasons for this
No information found.
Transboundary water
courses/bodies problems
The two important rivers originating in Turkey -- the Tigris
and the Euphrates -- have long been the subject of
disagreements with water-stressed Syria and Iraq, which are
traversed by both rivers. Turkey is being accused by Syria and
Iraq of depriving them of much needed water as Turkey
continues to support the construction of a series of dams along
the Euhrates and Tigris rivers. It is also embarking on an
ambitious project to sell water from its Manavgat river across
the Middle East.
UNDP indicators of human
development – vulnerability and
poverty in the country
Turkey is one of the countries with a relatively large population
compared to its neighbours in the region. This is why the figures
presented in the 2008 Human Development country fact sheet may
Turkey’s Ninth National Development Plan for 2007-2013 availiable at: http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf
Turkey’s Ninth National Development Plan for 2007-2013 availiable at: http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf
3
Turkey’s Ninth National Development Plan for 2007-2013 availiable at: http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf
4
http://www.transparency.org/policy_research/surveys_indices/cpi/2007
1
2
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seem alarmning. According to UNDP estimates, the population living
below the national poverty line1990-2004 was 27%.5
National resources (budget and
programmes) – notice that
according to UN, countries should
spend 1% GDP for WSS
According to World Bank figures presented in the 2006 Public
Expenditure Review for Turkey show % of budget spent for WSS.
For Water Resources-Irrigation 0.2% was spent in 2006/2007.
For Drinkable Water and Water for Sanitation 0.2% was spent in
2006/2007.
Identification of programmes and
projects in the country (national
and international)
Control of eutrophication, hazardous substances and related
measures for rehabilitating the Black Sea ecosystem (Tranche II)
(GEF-IW FSP)
GEF, UNDP (Implementing Agency), UNOPS (Executing Agency)
2004-2007
Grant total USD 11,332,106
The project (BSERP) supports regional aspects of nutrient control in
the Black Sea coastal countries. It also aims to strengthen the role of
the Black Sea Commission to ensure the formulation, adoption, and
implementation of a suite of harmonized legal and policy instruments
for tackling the problem of eutrophication and release of certain
hazardous substances; and to facilitate ecosystem recovery, including
through sustainable use of living marine resources.
Strategic Workplan to Strengthen the Regional Capacity on
Water Governance
UNDP/BRC
EUR 350,000.00
Water Governance Community Strengthening
Conservation and Sustainable Use of Biodiversity in the
Dalmatian Coast (Croatia) through Greening Coastal
Development
UNDP/BRC
2006-2013
USD 31,643,500.00
To effectively transform the actions of private operators in the
tourism, agriculture and fisheries sectors in the four coastal counties.
Integrated Ecosystem Management in the Prespa Lakes Basin of
Albania, FYR-Macedonia and Greece
UNDP Macedonia
2006-2010
USD 4,125,000.00
The conservation of biodiversity and water resources of the Prespa
Lakes Basin and pollution mitigation through the adoption of
integrated management
Upgrading of Municipal Services
GTZ
2002-2006
The management of water supply and wastewater disposal has
improved, as has solid waste management in selected cities and
municipalities in the country’s structurally weak eastern areas.
Adequate supplies of drinking water are secured, treatment and
disposal of wastewater is technically sound, and waste management
is generally regulated and has become financially viable.
“Every Drop Matters” – a Regional Water Partnership Initiative
between UNDP Europe & CIS and The Coca Cola Company
5
2007/2008 report http://hdrstats.undp.org/countries/data_sheets/cty_ds_TUR.html
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Eurasia and Middle East Division
Coca Cola / EMED (US$ 5m); UNDP (US$ 1.25m); others
2006-2011
minimum USD 6.25million
This Regional Partnership Project aims to provide the framework and
a joint action plan for water-related programming in the countries of
Europe and the CIS, with a particular focus on increased access to
safe drinking water, facilitating the use of environmentally sound
industrial technologies, and outreach and awareness raising activities
to promote responsible water resource management.
This Regional Public Private Sector Partnership Initiative will
initially focus on countries under the coverage area of UNDP-RBEC
as well as Coca-Cola EMED, and on the following three intervention
areas:
1. Improved Access to Safe Drinking Water
2. Improved regional and industrial water management
3. Advocacy and communication
Twinning Project for Strengthening the Ministry of Health to
Harmonise and Implement Legislation in the Field of
Water for Public Health Protection
A project financed by the Pre-Accession
Economic Programme of the European Union
The main objective is to prepare Turkey for accession to the
European Union in the area of drinking water, bathing water and
mineral water. It consist to support the Turkish government in its
efforts towards strengthening the capacity in legal, institutional and
technical and investment matters related to the approximation
process in the field of environment and public health.
Identification of relevant NGOs
and services providers
See section 3 “Policy and legislation to implement a HRBA to water”
under “competent authorities” for a list of national authorities who
will be important stakeholders. Also see discussion paper for a broad
description of the main stakeholders and their functions in the region
as a whole. In order to be useful this section should be filled in
during a country mission as it is difficult to make this kind of
assessment through a desktop study. http://ecoweb.com/index/country/tr.html also provides useful listings of
relevant private sector stakeholders.
Population size
Population using
“improved water
source”
Population using
“improved
sanitation”
73 million6
59
%7
51%8
Main water users (linked to previous
but useful to balance interests and
prioritise access)
Urban population
connected to
centralized water
supply systems
Rural population
connected to
centralized water
supply systems
Out of the freshwater withdrawal:
- 74 % goes to agriculture;
- 5 % to industry;
- 11 % for domestic use. 9
6
Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_TUR.html
Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_TUR.html
8
Human Development Index 2008, http://hdrstats.undp.org/countries/data_sheets/cty_ds_TUR.html
9
https://www.cia.gov/library/publications/the-world-factbook/geos/tu.html
7
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Infrastructure
No
information
Nonexistent
Poor
conditions
Adequate
Excellent

Waste water treatment plants
With rapid industrialization and urbanization, domestic waste, hospital waste and industrial waste have become a
threat to soil purity. Legislative action was not taken until 1993 and is not being implemented. Much of the waste
is dumped in rivers, streams and the sea, even though this is forbidden by law. 10
Water infrastructures to
convey water to urban areas

The National Development Strategy for 2007-2013 clearly states the need to “identify the urban infrastructure
requirement in the entire country towards protecting the environment, an urban infrastructure master plan and
financing strategy, which will determine the infrastructure needs such as drinking water, sewer system,
wastewater treatment and solid waste disposal facilities of municipalities, will be prepared”.11
Water infrastructure to convey
water to rural or isolated areas

Private wells

Strategies and plans developed at national, regional or local level
The implementation plans should establish specific targets, indicators and time frames and identify
the national and international resources available. They should be realistic in terms of resources
available and timing (prioritisation is needed).
No
information
National strategy for equitable
management and governance
of water
Regional/local action plans on
water and sanitation
Cooperation on transboundary
waters
Nothing in
place
Poor
Adequate
Excellent



Turkey is expected to be preparing to reform its tight policy on transboundary rivers and water
resources in order to comply with EU criteria and international law.
Adaptation to climate change
plans

The key requirements for climate change adaptation in Turkey are stipulated in Turkey’s Ninth
Development Plan 2007-2013 (paragraph 461) and in rural development strategies such as The
Regional Development Plan for the Eastern Black Sea Region (2002). These requirements will be
addressed by developing a National Climate Change Adaptation Strategy which will complement
10
FAO, Aquastat, http://www.fao.org/AG/AGL/swlwpnr/reports/y_nr/z_tr/tr.htm#waterr
11
National Development Strategy 2007-2013, http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf
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No
information
Nothing in
place
Poor
Adequate
Excellent
the existing development plans and procedures. In addition, legislative changes will be proposed to
mainstream climate change risks into development and regional planning.12
Water efficiency programmes
and incentives

Water infrastructure financing
strategies
Other strategies [add lines as
needed] e.g., IWRM plan,
PRSPs, UNDAF, MDG etc
12


http://www.undp.org.tr/Gozlem2.aspx?WebSayfaNo=1392
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3. Policy and legislation to implement a HRBA to water
This section is for evaluating the adequacy and completeness of the legislation in place in a given
country for implementing a HRBA to water. The checklists ask whether the specific requirements
have been adequately established in the national legal order. The check list follow the three main
elements of the right to water (accessibility, affordability, and water quality and availability), policy
and legislation. Monitoring and enforcement are included in next section.
No
information
Nothing in
place
A right to water and sanitation
is formally recognised in the
relevant laws/constitution
Poor
(framework
only)
Adequate
Excellent
(basic
(detailed
regulations) regulations)

No specific provision found. The Constitution Art. 17 provides for the Right to Life.13
Competent authorities and
responsibilities clearly
identified

a. Accessibility
No
information
Prioritisation for water access
clearly established in
legislation –differentiated by
sector

Provision to extend WSS
services to marginalised and
vulnerable areas and groups

Access to traditional water
sources in rural areas
protected

Specific provisions on access
to water in schools, hospitals,
prisons and refugee camps

Nothing in
place
Poor
(framework
only)
Excellent
Adequate
(basic
(detailed
regulations) regulations)
Nothing in
place
Poor
(framework
only)
Excellent
Adequate
(basic
(detailed
regulations) regulations)
b. Affordability
No
information
13
Constitution of Turkey
http://www.anayasa.gov.tr/images/loaded/pdf_dosyalari/THE_CONSTITUTION_OF_THE_REPUBLIC_OF_T
URKEY.pdf
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No
information
Nothing in
place
Adequate regulatory system in
place for private or public
water and sanitation service
providers – procurement and
concession
Poor
(framework
only)
Excellent
Adequate
(basic
(detailed
regulations) regulations)

Pricing policies transparent
with flexibility and crosssubsidies –differences
between different sectors

Specific measures on
disconnection to address poor
and marginalised people
concerns

c. Water quality and availability (resource allocation)
No
information
Water quality standards
established and realistic

Priority substances identified
and regulated (elimination)

Specific rules for drinking
water catchment areas

Waste water treatment
regulated in the legislation

Water discharges and
extraction regulated in
legislation (e.g., permits)

Standards setting a minimum
amount of water for personal
and domestic uses per person
or household

Integrated water management
approach followed in
legislation

River basin management
approach

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Nothing in
place
Poor
(framework
only)
Excellent
Adequate
(basic
(detailed
regulations) regulations)
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Please use the space below to list the relevant laws and administrative regulations.
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________________________________________________
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4. Institutional and administrative structures and procedures
For legislation to be effective, adequate institutional and administrative structures and systems need to
be in place to ensure that legal requirements are implemented and enforced. Evaluation of the
adequacy of institutional and administrative structures needs a different approach towards the elements
involved. A coordination structure that consists only of information exchange or that has been named
on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an
ad hoc basis would be considered “adequate”. A coordination structure that has the form of a
committee or working group, has specific competences set forth in a regulation or memorandum of
understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.
a. Institutional issues
No
information
Decision making body for
taking policy decisions (a
ministry)

Structures for coordination
among relevant government
bodies

Staff in the relevant ministries
assigned responsibility for
water issues

Regulatory body at national or
regional level (different from
policy decision)

River basin management
authorities

Local authorities for service
provision

Consultation bodies (national,
regional or local) with
equitable representation

Independent institutions in
charge of monitoring the right
to WSS (human right
commission or regulatory
agencies ensuring full
transparency and
accountability)

Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
b. Administrative structures
No
information
Monitoring systems in place to
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No
information
Nothing in
place
Poor
Adequate
Nothing in
place
Poor
(framework
only)
Excellent
spot water pollution and
illegal abstractions (surface
and groundwater)
Inspectorates or other
structures for enforcement of
basic requirements

Systems for regular reporting
to Convention secretariats

Bodies for cooperation on
Transboundary water courses

c. Monitoring & enforcement
No
information
Provisions to carry out
monitoring of water status and
de-pollution

Requirements to carry out
inspections

Penalties for breaches of the
legislation

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Excellent
Adequate
(basic
(detailed
regulations) regulations)
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5. Cross-cutting issues
a. Access to information & Transparency
No
information
Provisions requiring
authorities or private
companies to disseminate
information on water issues
(pollution and polluters)

Provisions ensuring a right to
access to information upon
request on water information
held by authorities or third
parties

Systems for dissemination of
information on water pollution
(e.g., PRTR in place covering
both intentional, unintentional
& diffuse releases/transfers)

Administrative systems for
prompt responses to requests
for information from the
general public

Guidelines on information
held by authorities & how to
request access to that
information

Secure data management
systems to handle
commercially sensitive
information & personal data

Guidelines for authorities on
how to apply commercial
confidentiality requirements,
including when to disclose
because of public interest

Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
b. Public Participation
No
information
Non-discriminatory right of
participation in decisionmaking process regarding to
water (management, services,
projects, installations)
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No
information
Nothing in
place
Environmental impact
assessment legislation
including water projects and
public participation
Poor
Adequate
Excellent

The EIA procedure has been established, but further improvement of the EIA regulation is needed to make
it fully effective. There is a significant need for personnel qualified to conduct EIAs, both in the public and the
private sectors. Managers and consultants from a growing number of companies are being trained for this
purpose.Although participation mechanisms such as local environment committees, the EIA procedure, and
Councils for the Environment and Forestry exist, public participation is a relatively new process in many
instances.The absence of environmental reporting by industry has in a number of cases tended to exacerbate
conflicts with NGOs and the public. Environmental NGOs will need to address a range of issues in order to
establish themselves as stimulating and constructive partners for environmental progress.
Procedures for enabling public
participation in decision
making: river basin
management plan; provision
of water services; regulation
and monitoring of service
providers; infrastructure and
development projects

Equitable representation of
minorities and marginalised
groups

c. Accountability (including access to justice and redressing mechanism)
No
information
Effective right to access to
justice on water claims against
government and/or private
parties (pollution, failure to
provide services and so on)
Nothing in
place
Poor
Adequate
Excellent

Effective legal remedies when
access to information or public
participation are denied

Law on Penalties (Articles 181, 182)
Judicial or administrative
body to solve water claims

Arbitration mechanisms

Please use the space below to list the relevant laws and administrative regulations.
__________________________________________________________________________________
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__________________________________________________________________________________
_________________________________________________________________________________
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6. Stakeholders capacity
This section is to be used for assessing the capacity of various stakeholders to implement a HRBA to
WSS. The stakeholders have been divided into governmental officials at central level and local level;
civil society, farmers and industry. It is intended to be a first step towards identifying needs for
technical assistance, including training and investment in equipment and infrastructure.
a.
Government officials at central level
No
information
Central laboratory for testing
of chemicals in water

Monitoring instruments for
surface and groundwater

Computers & internet access
for all officials responsible for
water management

Databases of information on
chemicals and priority
substances, polluters.

Officials trained in HRBA
(human rights standards) and
water issues

Trained inspectorates &
enforcement authorities

Nothing in
place
Poor
Adequate
Excellent
Poor
Adequate
Excellent
b. Government officials at regional & local levels
No
information
Regional and Local authorities
trained on HRBA to WSS

Databases of information on
chemicals and priority
substances, polluters.

Computers & internet access
for local officials responsible
for chemicals management

Local laboratories for testing
drinking water

Transportation &
communication equipment to
enable monitoring/

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place
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No
information
Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
inspection/enforcement
c.
CSO, NGOs and others
No
information
Civil society aware of their
rights and how to exercise
them

Civil society organised and
active (providing training,
participating, advocacy
activities)

Computers with internet
access

Information on low cost
technologies

d. Water services providers
No
information
Low cost technologies

Water treatment technologies
(primary, secondary)

Monitoring equipment

e. Farmers & agricultural workers
No
information
Training on safe pesticide
management, including waste
management and access to
information on alternative pest
control methods

Awareness on impact of
agricultural and farming
practices in water (private
wells)

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f.
Industry (including industry workers)
No
information
Training on impacts of
industrial activities on water

Capacity (equipment, skills) to
self-monitor releases of
chemicals

Wastewater treatment in place

Nothing in
place
Poor
Adequate
Excellent
Nothing in
place
Poor
Adequate
Excellent
g. Health practitioners
No
information
Doctors & other health
workers trained to identify
cases of water born diseases

Monitoring of health issues
related to poor access to WSS
and reporting

Ministry of Health is the competent authority for ensuring the protection of human health having the
responsibility at central level and through the provincial network for the implementation and
enforcement of quality standards of water for bathing and recreational purposes, according to the
Public Hygiene Law no 1593 and decree 181 on the Law on the “Organization and the duties of the
Ministry of Health”.
Computers with internet
access

h. Awareness raising and education campaigns
No
information
Education programmes on
water

Dissemination of technologies

Gender and marginalised
groups problems addressed

Hygiene promotion campaign

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Nothing in
place
Poor
Adequate
Excellent
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