A/HRC/42/47/Add.3
40.
In addition to ensuring that individual water solutions are available, it is equally
incumbent on the Government to guarantee these solutions comply with the normative
content of the right to water, including being of sufficient quality. It was evident during the
Special Rapporteur’s visit that the Government was not consistently ensuring individual
water solutions met human rights standards (A/HRC/36/45/Add.1, paras. 42-43).
41.
The Government noted that it seeks to ensure the quality of individual water
solutions, whenever these are required, through provisions governing their construction. As
noted by the Government, “there are technical rules and norms regarding the construction
of individual solutions. If there is no public drainage system, individual solutions have to be
in place to ensure the proper management of wastewater. This is a condition for public
authorities when issuing the mandatory habitability permit for a given households (sic).”
Such conditions may be helpful in ensuring that individuals who are not able to access
central water networks are able to have their water needs met. However, for the Special
Rapporteur, it remains unclear as to whether these relate only to how to construct individual
solutions, whether these specifications encompass the normative content of the human right
to water, and whether clear responsibilities are placed on local governments or providers to
give guidance and implement maintenance procedures on individual solutions for both
water and sanitation. It is also unclear how these procedures guarantee that the quality of
water from wells or boreholes meets the official standards.
42.
The Special Rapporteur regards it as positive that the Government has in place rules
and norms regarding the provision of individual solutions where no standard access to
water exists, however he regrets that no additional information was provided regarding
whether these instruments have actually ensured that construction and performance of
individual solutions are compliant with the State’s obligations under the human right to
water.
PROGRESS NOT STARTED: The information compiled suggests that the picture of
the support provided for individual solutions by governmental bodies has not changed
since the official visit of the Special Rapporteur. He urges the Government, without
delay, to set in motion efforts to ensure that all individual water solutions meet human
rights standards.
C.
Recommendation on water quality information
RECOMMENDATION 12: “Develop a more proactive system to disseminate information
on water quality, particularly by including it on water bills, and information on existing
practices, policies and resources that promote economic access to water and sanitation.”
(A/HRC/36/45/Add.1 para. 82(m))
43.
During the visit, the Special Rapporteur noted that, whilst some information was
available over the Internet, there exists a general absence of any adequate system for
ensuring users of water services are able to access information regarding the quality of the
water that is being provided to them (A/HRC/36/45/Add.1, para. 56).
44.
The Government noted that there is already in place “existing legislation [which]
establishes rules for the minimum information that must be available in the water invoices.
In this regard, ERSAR has issued recommendations on existing practices, policies and
resources that promote economic access to water and sanitation.” Furthermore, it stated that
recent positive steps had been taken to improve the information provided to consumers
regarding water quality, as “a recent Parliamentary Resolution (no. 234/2017) has
recommended that the Government work with ERSAR towards the definition of a clear and
simple document template with all relevant information concerning drinking water quality.
This document should be sent to consumers annually, preferably in January, together with
the water invoice of that month. Following this approval, ERSAR has issued an opinion to
the Government proposing to make additional information about drinking water quality and
quality of service available to consumers through invoices.”
45.
In addition to these steps, legislative steps have been taken to ensure users have
greater rights to information regarding water quality. As per Decree-Law No. 152/2017,
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