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
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