A/HRC/42/47/Add.3 RECOMMENDATION 13 - PROGRESS NOT STARTED: The Special Rapporteur reminds the Government that disconnecting the water and sanitation of users who are unable to pay their bills represents a retrogressive measure and, accordingly, is contrary to its obligations under the human rights to water and sanitation. He therefore urges the Government, without delay, to begin implementing a legal prohibition on disconnection in these instances. RECOMMENDATION 14 - PROGRESS ON-GOING: The Special Rapporteur welcomes the intention to develop studies conducted by ERSAR on disconnection practices and the motives behind these, and on the protection of users in vulnerable situations from disconnections. He looks forward to information on these studies being published so that they can be a model to be used by other States. RECOMMENDATION 15 – PROGRESS NOT STARTED: The Special Rapporteur reiterates his recommendation that the Government should develop guidelines for providers regarding disconnections with a view to protecting users in vulnerable situations. Leaving it to municipalities to determine how to approach disconnections creates an approach which is geographically variable, and thereby is discriminatory and inconsistent with human rights. The Government must, immediately, begin issuing national guidelines regarding disconnections. E. Recommendation on legislation and policy to ensure affordability RECOMMENDATION 16: “Adopt legislative measures on affordability of access to water and sanitation services, stipulating that all individuals are provided with an affordable and reliable service that is adequate for basic human needs in the context of the national, local and autonomous government levels, reflecting the challenges people face in practice and the contexts in which they live.” (A/HRC/36/45/Add.1 para. 82(e)) RECOMMENDATION 17: “Recommend that the water and sanitation providers set policies to reconcile affordability and financial sustainability as part of their financial management.” (A/HRC/36/45/Add.1 para. 82(p)) 55. The Special Rapporteur identified the need for legislation that ensures affordability. The approach taken by ERSAR – looking at the cost of water and sanitation services as a percentage of the average income in each municipality - fails to take account of the particular burden faced by the poorest members of society whose disposable income is significantly lower than the average. (A/HRC/36/45/Add.1 para. 57-49). 56. The Government did not address the issue of legislative introduction, but noted that ERSAR has been working to introduce recommendations for retail providers “aimed at harmonising tariff structures and creating a set of principles to ensure affordability for consumers and sustainable cost recovery levels.” It noted that whilst not currently binding, “these recommendations are important so that the operators gradually adapt their tariffs and because the principles underlying these recommendations are the ground for ERSAR issuing opinions on retail tariffs.” This was confirmed in the Government’s response regarding the measures Portugal has taken to encourage providers to reconcile affordability and sustainability in their financial management policies, wherein it was stated that “[t]he tariff recommendations issued by ERSAR consider both affordability issues and financial sustainability of the operators.” 57. In particular, in its response to these recommendations the Government highlighted the introduction of social tariffs as a key means of promoting and ensuring affordability whilst maintaining sustainability. In relation to recommendation 17, it was noted that ERSAR recommendations established social tariffs to allow for discounted tariffs to be applied for the most economically vulnerable. It stated that ERSAR is considering including these within a new binding regulation on water tariffs, which, if introduced, will replace the non-binding recommendations. The Government also highlighted that it has implemented “a specific nationwide policy … which allows municipalities to have an automatic eligibility mechanism to social tariffs for those households bellow (sic) an 14