A/HRC/42/47/Add.3
tensions are evident between the Government and local authorities, particularly surrounding
the degree of centralisation and decentralisation of water and sanitation provision, and what
each is responsible for undertaking. Such a lack of coordination between national and local
governments can confuse the process of provision, which in turn makes achieving human
rights more challenging (A/HRC/36/45/Add.1, para. 35).
12.
The Government noted that “[t]here have been significant improvements regarding
dialogue and exchange of information among all levels of government in relation to access
to water and sanitation.” In particular, it highlighted the efforts made to create a Standing
Committee to “establish guidelines of a political nature in the context of the adverse
climatic phenomenon of drought”, as improving dialogue in this area had been determined
to be essential in order to increase the awareness of ministries to the effects of these
conditions on water and sanitation access on people in Portugal. Additionally, the
Government noted that in 2017 a month-long event involving an exhibition reflecting on
Portugal’s commitment to SDG 6, and a round table discussion between various secretaries
of state was initiated in order to “improve the dialogue across ministries and vertical levels
of government….”
13.
The Special Rapporteur notes that the Government has reflected on his
recommendation and clearly understands the need for greater cooperation and coordination
between the different government actors within the water and sanitation sector. However,
he regrets that the information received is incapable of showing the effects of the
Government’s putative improvements and whether they have been, or are, capable of
defragmenting responsibility and promoting better information exchange and dialogue
within the sector. As such, more must be done to find solutions to the complexity of the
current system, and to address the difficulties observed by the Special Rapporteur with
regards to dialogue, coordination and the exchange of information between government
bodies.
LIMITED PROGRESS: The Special Rapporteur reaffirms his recommendation to the
Government to take concerted efforts to improve coordination, dialogue and exchange
of information between all levels of Government in relation to the human rights to
water and sanitation. As an example, monthly or quarter coordination meetings
involving all stakeholders in the water and sanitation sector can be a start to improve
coordination and exchange of information.
C.
Recommendation on legal provisions regarding Azores and Madeira
RECOMMENDATION 3: “Stipulate explicit legal provisions that oblige local authorities
and the autonomous governments of Azores and Madeira to respect, protect and fulfil the
human rights to water and sanitation.” (A/HRC/36/45/Add.1, para 82(c))
14.
Whilst the autonomous regions of Azores and Madeira are themselves in charge of
water and sanitation provision and monitoring within their respective jurisdictions, they
remain bound by the overall legislative framework of Portugal, and by the international
human rights commitments of the Government. Despite this, it was noted by the Special
Rapporteur that the Government has not implemented any legal provisions that require the
respective autonomous governments of Azores and Madeira to progressively realise the
human rights to water and sanitation (A/HRC/36/45/Add.1, para. 35).
15.
Regrettably, the Government did not respond to the question in the follow-up
questionnaire regarding this recommendation, and no additional information has been
obtainable regarding any legislative initiatives taken to ensure the commitment of the
governments of Azores and Madeira to the human rights to water and sanitation.
Accordingly, for the purposes of this report, the Special Rapporteur considers that no
progress has been achieved in this regard.
PROGRESS NOT STARTED: The Special Rapporteur restates his recommendation
that the Government should legally oblige local governments, and the autonomous
governments of Azores and Medeira, to respect, protect and fulfil the human rights to
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