A/HRC/42/47/Add.3
24.
The Government’s response regarding the current Strategy did not make mention of
the water and sanitation needs of Roma communities in Portugal, instead highlighting that
the Strategy was designed and drafted in line with the European Union’s framework for
Roma integration policies, which calls on governments to focus on “housing, healthcare,
education and employment”, as well as promoting mediation, “valuing Roma history and
culture”, and the “combatting of discrimination and gender equality”. It further stated that
outcomes under the Strategy are monitored and used to adjust the process where necessary.
25.
The National Roma Communities Integration Strategy is due to end in 2020,
however currently no information is available regarding whether a new strategy is to be
drawn up and, if so, what this will contain, although the Government’s response alludes to
the fact that the results of the current Strategy will lead to recommendations, which will, in
turn, be used to inform the Roma Integration Strategy in the future.
26.
The Special Rapporteur urges the Government to acknowledge the suffering faced
by Roma populations in Portugal with regards to water and sanitation and to ensure that this
reality is comprehensively considered in its strategies for water and sanitation provision. If,
as it clearly must be, the Integration Strategy is extended beyond 2020, he calls upon the
Government to include within it dedicated analysis and recommendations regarding water
and sanitation. Without doing so, and without acting upon such recommendations, the
Government will continue to be in breach of its obligations under the human rights to water
and sanitation in respect of Roma communities.
PROGRESS NOT STARTED: The Special Rapporteur reiterates his
recommendation to include reference to safe drinking water and sanitation in the
National Roma Integration Strategy and urges the Government to ensure that the
rights to water and sanitation for all Roma people in Portugal are respected, protected
and fulfilled.
G.
Recommendation on regulatory actors
RECOMMENDATION 7: “Urge the Water and Waste Services Regulation Authority
(“ERSAR”) and the Water and Waste Services Authority for Azores to ensure that their
policies, procedures and activities comply with the international human rights obligations
of Portugal.” (A/HRC/36/45/Add.1, para. 82(r))
27.
Whilst noting that the regulatory framework for water and sanitation in Portugal
represents a positive approach that can be utilised as a reference for regulatory activities in
other States, Special Rapporteur highlighted the need for the Government to ensure that the
operations, policies and procedures of ERSAR comply with Portugal’s international human
rights obligations. In particular, he noted the need for a greater recognition of the normative
content of affordability within ERSAR’s work, as the current indicator used to determine
affordability looks at the average family expenditure related to the family income in each
municipality.
28.
The Government noted that “ERSAR has been one of the first regulators to accept
the official recognition of water and sanitation as human rights and it has been working
with International Organisations … [to produce] several documents on the implementation
of these rights.” Furthermore, the Government has stated that ERSAR “has implemented
several mechanisms in order to realize the human rights to water and sanitation … . Since
2005, ERSAR regularly assesses the quality of service provided by each operator through a
set of indicators, which include access, affordability, and quality, among other (sic).
ERSAR analyses and issues an opinion on every written complain made by users of these
services. ERSAR issues each year an opinion on the retail tariffs of municipal services that
comprises a review of topics such as affordability, cost recovery, sustainability, among
other (sic).”
29.
The Special Rapporteur thanks the Government for outlining the processes of
ERSAR and how these seek to take into account the elements of the normative content of
the human rights to water and sanitation. He reminds the Government, however, that simply
approaching these principles in an a-la-carte manner does not amount to a consideration of
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