Goals of the task
The objective is to conduct an in-depth legislation and policy study of the target countries and designated case cities to understand the legislative system and to provide an overview of the RP related legislation and policies on the national and local level. The analyses address the RP sectors “waste”, “water and wastewater”; “energy” and “urban agriculture/ food systems”. An inventory on “urban planning” law and policies has been provided additionally. The research focuses also on trans-sectoral implications within the sectoral law, to indicate drivers and barriers for project realisation. Task 1.3 is an effective measure to raise transparency on the current legislation and policy framework by providing sector related legal databanks and organigrams on all valid provisions. All background documents are archived and accessible for project internal and external use.
Work done to achieve the goals
As the actual legal and policy framework at national and local level (case cities) for the RP sectors is not easily accessible, all valid legislative and policy documents had to be gathered from different sources. a) Desktop Research: The sources of the legislations and policies have been gathered by desktop research (internet survey, publications of empowered public authorities). b) Obstacles to overcome: A number of legal texts and policy papers were not available online or as print media and had to be requested on-site. Local legal texts and policy papers were partly not available in English; especially in the case of Vietnam/ Da Nang, the translation of these documents from Vietnamese into English was time-consuming. Many legal texts and policies on urban planning, particularly in the case of Rwanda and Kigali, were in the process of being amended or newly issued (studying of draft versions and final issued versions) during the period of investigation (2015-2016). c) Validation via expert interviews, questionnaires and knowledge exchange: Requests for missing information has been made via questionnaires sent to public authorities and service providers. The feedback quota was partly rather poor. Direct stakeholder interviews undertaken during the field trips to the case cities have helped to complement the research on relevant legal and policy documents. As there was no collaboration established with academic legal experts in the case cities, IZES has initiated collaboration with the Rwanda University, School of Law (Environmental and Public Law). This partnership is pretty valuable, as Prof. Turamwishimiye has validated all relevant legal and policy findings for Rwanda.
Results so far
The deliverable “Database of relevant documents governing the addressed statutory framework and policy” (D-1.10) and the deliverable “Organograms visualising the present situation and hierarchical structure of legislation” (D-1.11) were both submitted for Rwanda and Vietnam in quarter III and IV 2016. It is confirmed to publish the findings for Rwanda at the „7th European Conference on African Studies (ECAS 2017)“ in Basel, Swiss, followed by a joint article in a public law journal.
Deliverable 1.10: Legislation and Policy Framework Data Bank of all RP Sectors for Kigali, Rwanda and Da Nang, Vietnam
Fig. 17: Example Legislation and Policy Framework Databank, sector water and wastewater Vietnam, Da Nang (page 1/3)
The inventories of the legislative and policy framework are archived as excel based data banks. In total 5 data banks per case city have been elaborated: Data bases with particular focus on the a) “Energy Sector”, b) “Water Sector and Wastewater Sector”, c) “Waste Sector” and d) “Urban Agriculture and Food Systems Sector”. The fifth inventory on “Urban Planning” was additionally provided. The data banks follow the same structure:
- Title of relevant legislation and policies: addressed by the name of the legislation or the policy, listed in column A under the column heading "Title"
- Classification of legislation or the political background document in the hierarchy of norms: classification according to the level of legislation, such as national provision, listed in column B under the column heading "Level"
- Classification of the legislation or the political background document according to the source of law, such as Prime Minister Order, listed in column C under the column heading "Type"
- Identification of the issuing entity of the legislation or the political background document, such as Finance Ministry, listed in column D under the column heading "Issued by"
- Announcing the year of issuance of the legislation or the political background document, such as 2015, listed in column E under the column heading "In Force"
- Linking the legislative or political background document with the archived source of law document with URL Internet Source, listed in column F under the column heading "Internet Source"
- Display of trans-sectoral aspects in the legislation or the political background document, listed in columns G to O, under the column headings “Name of the sectors”.
Deliverable 1.11: Legislation and Policy Framework Organigrams of all Rapid Planning Sectors for Kigali, Rwanda and Da Nang, Vietnam
The organigrams visualise the legislative and policy framework per sector. The organigrams have been conceptualised as Visio documents. In total 5 organigrams per case city are designed outlining the relevant and valid legislations and policies for the RP sectors (“waste”, “water and wastewater”; “energy”, “urban agriculture/ food systems”). The fifth organigram on “urban planning” was additionally provided. Each organigram is designed in a contrasting colour per sector. The organigrams are vertically structured by the hierarchical level of legislative empowerment (national to local level). The horizontal structure bundles the relevant areas of legislation per sector. The current valid legal and policy provisions are placed within this matrix.
Fig. 18: D-1.11: Example Legislation and Policy Framework Organigram, sector water and wastewater Vietnam, Da Nang