한국법제연구원 KLRI

I. Background and Purpose
□ Background of this Study: The Importance of Water
○ Water is one of the most important resource for humankind. Yet, this resource is threatened everywhere, causing environmental stress, and human and biodiversity losses. This problem is also aggravated because of climate change.
○ Water issues are taken in consideration since a long time in developed countries. However, problems related to water have been relatively neglected in developing countries, even if they have a serious impact in those countries. Indeed, effects are made worse because of poverty.
○ Water is not only a national issue. Indeed, it is a finite resource which does not respect boundaries and international public law. Therefore, it is a global issue that must be addressed by the global community. In this regard, developed countries have the duty to provide support to developping countries. Ethiopia and Rwanda have been targeted because even if these countries have recently made significant progress, water problems have not been fixed.
□ Purpose of this Study: The Improvment of the Water Framework
○ A complete assessment of this framework is necessary in order to understand its strengths and weaknesses. The following step consists in proposing solutions or remarks that are likely to improve the water framework.
○ Such improvements might be developed with reforms that could occur through policies, laws and regulations, and institutions.

Ⅱ. Main Contents
○ Outline: This report contains five chapters. The first one introduces the topic and defines the general problematic. The second chapter demonstrates that water is definitely a global issue and shows the leading role of International Organisations in this matter. Chapters three and four are devoted to assess the water framework of Ethiopia and Rwanda. The final chapter concludes on issues previsously assessed and recommendations that can be given to developed countries.
○ Details: Chapters three and four assess Ethiopian and Rwandan water framework. In order to be as complete as possible, the same methodology has been strictly followed. In this regard, the water framework has been studied considering policies, laws and regulations, and Institutions. A wide study is necessary because water is obviously a transverse issue which is stated through different means by different actors.

Ⅲ. Expected Effects
○ Improvement of the Water Framework: Developing countries can learn from fails and successes occured in developed countries. In this regard, an assessment of their water framework in comparison with standards in effect in developed countries should be efficient. However, this methodology has limits. Indeed, solutions established in developed countries are adapted to these countries. And those solutions are not necessarily compatible with developing countries. Thus, a solution to a specific issue in a specific country cannot be automatically transfered to a similar issue in another country. Such a transfer depends on history, culture, but also finance. Developing countries does not have important financial means. In this regard, they might experience difficulties to ensure about human skill (capacity building is a long term investment), financing of projects in matter of water, implementation of policies and laws, etc.
○ Improvement of Health and Sanitation: Water is a top priority in developing countries and must be considered as a cornerstone of policy, legal, and institutional action. In this regard, all stakeholders must develop a proactive attitude through improvement of water framework with the main objective to enhance situation of human being in matter of health and sanitation.

Chapter 1- Introduction 11
1) Definition of the topic 12
2) Geographic field of the study 16
3) Methodology 16

Chapter 2- An Overview of Issues Globally Recognized 21
1) A Multitude of International Organisations and Programs 22
2) An Overview of Issues Linked to Water 30

Chapter 3- Water in Ethiopia 41
1) An Overview of the Juridical System Through Water Competence 42
2) Policy, Juridical, and Institutional Framework of Water 45
3) Ethiopian Issues and Recommendations 115

Chapter 4- Water in Rwanda 135
1) An Overview of the Juridical System Through Water Competence 136
2) Policy, Juridical, and Institutional Framework of Water 138
3) Rwandan Issues and Recommendations 227

Chapter 5: Conclusion 243
1) Policy Issues 243
2) Institutional Issues 245
3) Juridical Issues 247

References 251