Friday, September 13, 2013

Legal & Organizational Framework for Irrigation Reforms in Pakistan: Post # 44


Irrigation Reforms in Pakistan


Pakistan has been undertaking institutional reforms in the irrigation sector since 1997. Being the largest contiguous irrigation network in the world, these reforms are most comprehensive and unparalleled in their scope and substance.

Over the last decade, central control of the old Provincial Irrigations Departments (PIDs) has either been already devolved or is still in the pipe line to new institutions like Provincial Irrigation and Drainage Authorities (PIDAs), Area Water Boards (AWBs) at main /major canals and Farmers’ Organizations (FOs) at secondary canals. With so many drastic changes in this critical sector of the national economy, failure is not an option; therefore, the way forward is to keep on creating those conditions that ensure success & sustainability of these irrigation reforms.

As these reforms did not come on board with due consent of many stakeholders, misgivings and confusion prevailed in the initial stages. As a consequence, full concentration is still lacking in devising innovative ways and creating conducive conditions to make these reforms sustainable as their reversal will spell chaos in the irrigated sector.

Over a decade or so, the reforms have created new institutions as well as new realities. When the new and old stakeholders seem to have developed new stakes in the success of the reforms, we need to think about those conditions that will support the new institutional entities. These support arrangements could include aspects such as: (i) Legal Framework, (ii) Organizational Aspects, (iii) Physical Conditions, (iv) Technical-support, (v) Financial Viability, (vi) Monitoring and Evaluation, and (vii) Capacity-Building.

Considering the vast scope of above stated support arrangements, initially, discussion will be restricted only to the legal and organizational aspects. However, as the remaining aspects are equally important, they need an exclusive treatment in a similar effort, later.

Legal Framework: In 1999, J. Brewer and other 6 co-authors of a book about Irrigation Management Transfer in India have suggested four legal pre-requisites. In our context, with slight adjustments, these requisites are:
  • Legal recognition of farmers’ participation at different levels of each provincial irrigation system;
  • Legal authority for FOs to do the following: (i) acquire and distribute water, (ii) repair and maintain secondary canal, (iii) assess and collect irrigation water charges, (iv) penalize defaulters and / those who steal water, and (v) resolve disputes among water users within FO’s secondary canal command.
  • Appropriate legal definition for water allocation and resource mobilization procedures; and
  • Legal definition of means for dispute settlement among water users and between water users and state agencies.

At present, water is generally rationed off based on time per unit area. However, with the passage of time as water rights are established and users switch to volumetric water acquisition and allocation, legal provisions may have to be defined by the relevant state agencies and water users.

In view of the comprehensive institutional reforms at different levels of each irrigation system, a legal framework has to cover many aspects. For example, the details of legal framework of Punjab includes the following documents (PIDA Annual Report 2006):(i)  The Punjab Irrigation and Drainage Authority, Act 1997, (Amendment) Act 2006; (ii) The Area Water Board (Rules) 2005; (iii) Farmers Organizations (Rules) 1999, replaced with new Rules, 2005; (iv) FO (Elections) Regulations 1999; (v) FOs (Registration) Regulations 1999; (vi) FOs (Financial) Regulations 2000; (vii) FOs (Conduct of Business) Regulations 2000; and (viii) Irrigation Management Transfer between FO and AWB/PIDA. Similarly, in Sindh, the Water Management Ordinance (WMO) 2002 is built on Sindh Irrigation Drainage Authority, Act of 1997.

On the surface, considering the controversies about the institutional reforms in the irrigation sector, progress towards developing legal frameworks is significantly lacking. There are still no regulations formulated for the participation of farmers at the main canal as well as the provincial levels to ensure proper say of water users in the management of new institutions and irrigation systems.

So far, the Acts, the rules and regulations are prescribed from top-down by the provincial governments. In the current environment of dominant role of PIDs and PIDAs and controlled participation of new farmers’ entities, it seems to be an inevitable outcome.  However, after a decade of reforms, it is logical to put appropriate mechanisms like Board of Directors of PIDAs in place, in consultation with relevant AWBs & FOs, to seek genuine say and participation of water users in reviewing the provincial legal framework for an efficient and fair management of water at different levels.

Organizational Aspects:  Provincial Irrigation Departments (PIDs) have devolved the water management related responsibilities to PIDAs, AWBs and FOs. In case of PIDs and PIDAs, it is just a matter of readjustment of existing staff and hiring of additional staff for specific jobs. However, certain issues regarding organizational aspects for users’ entities still remain.

Although provinces, like Punjab & Sindh, have enforced regulations for the election of FOs, it appears a huge and expensive job after a fixed duration of say 5 years. If appropriate, farmers’ representatives elected from each village under the local body system could be considered as users’ Electoral College for electing members of FOs, AWBs and Board of Directors of PIDAs. On one hand, it provides a solid home-base for the water users’ entities and on the other it frees the PIDs /PIDAs a regular expensive and time consuming diversion.

Since FOs are management committees elected by Water Users Associations (WUAs) at the tertiary canal level / Electoral College as proposed above for a fixed term and they have little know-how to managing irrigation systems above tertiary canals, it is obvious that they need professional staff for continuity as well as to provide technical support for day to day operations and maintenance of respective canals, collection of water charges and settlement of disputes among water users. This should also restrict a need for capacity building of farmers’ representatives to proper decision making instead of trying to convert them into engineers and revenue staff.

The Farmers’ Organizations are entirely managed by farmers only. However, participatory irrigation management is proposed for the up-stream part of irrigation system by AWBs and PIDA’s Board of Directors (BOD). For AWBs in Punjab, there will be 10 representatives of farmers as compared to 9 non-farmer members. At provincial level, BOD comprises of 6 farmers members, 5 non-farmer members and the Minister of Irrigation will serve as Chairman of the PIDA’s BOD.

The first positive aspect of the PIDA and AWBs in Punjab is that, by fair representation, the farmers can have an effective say in managing the irrigation systems. Secondly, there is a worth noting provision that concerns with the way FOs will elect their 10 representatives for each canal. Finally, it is refreshing to note that AWBs in Punjab will have their chair-person from farmers. It will be beneficial if the other three provinces also review their legal frameworks to provide a fair say of farmers in managing their respective irrigation systems.

The Punjab Government also needs to reconsider the mechanism proposed to seek representation of farmers for the BOD of PIDA. To ensure effective and positive contributions from farmers, instead of letting the Government nominate these farmers, all provincial FOs should elect six Board Members (or, if agreed, the proposed Electoral College can be considered). 

Moreover, the elected representatives of farmers at the canal as well as provincial levels should hire their own team of researchers, mainly for legal and technical aspects to make their experience based inputs as significant contributions in a given legal and technical environment. Such a team of researchers for the farmers’ representatives at the provincial level will definitely help in making participatory irrigation management a effective and workable reality. 

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