A/HRC/42/47/Add.3
introduced on 7 December 2017, the existing regime regarding water quality monitoring
has been modified in order to provide a requirement that the managing entities of bulk and
retail providers publish the data from water quality monitoring programmes quarterly
online.
46.
The Special Rapporteur congratulates the Government for the steps taken to increase
the level of information provided to users regarding existing practices, policies and
resources that promote economic access to water and sanitation, and on the quality of their
water. He calls upon the Government, taking into account that ensuring access to
information is an element of the normative content of the right to water, to follow the
recommendations of ERSAR and make greater levels of water-quality information
available to users within their water bills.
GOOD PROGRESS: The Special Rapporteur looks forward to continuing to see
positive progress made by Portugal with regards to ensuring that water and sanitation
users have access to pertinent information about the quality of drinking water.
D.
Recommendations on disconnection due to incapacity to pay
RECOMMENDATION 13: “Adopt legislative measures to prohibit disconnection of
water and sanitation services owing to an inability to pay.” (A/HRC/36/45/Add.1, para.
82(d))
RECOMMENDATION 14: “Conduct official studies and surveys on the reasons behind
non-payment with a view to identifying those households that are financially unable to pay
for their water and sanitation services.” (A/HRC/36/45/Add.1 para. 82(o))
RECOMMENDATION 15: “Develop and issue guidelines for water and sanitation
service providers concerning disconnection of water and sanitation services with a view to
protecting those who are economically unable to pay for those services, and establish
protection mechanisms for those groups.” (A/HRC/36/45/Add.1 para. 82(i))
47.
During his visit the Special Rapporteur identified that it remained lawful in Portugal
for water providers to disconnect the services of users. The problem of service
disconnection was acknowledged by the Special Rapporteur to be compounded by the lack
of adequate data regarding the reasons for non-payment of bills. (A/HRC/36/45/Add.1,
para. 67-70).
48.
The Government stated that one of the main reasons for not introducing a
prohibition on disconnecting users who are unable to pay is that this would
disproportionately protect users, and expose service providers to greater risk. However, it
contended that despite remaining lawful, disconnection was only possible where these
providers followed proper procedures, stating that “the law protects water users by
imposing a number of formalities on water operators and water cut-offs due to inability to
pay are, therefore, seen as a last resort.”
49.
The Government further stated that those at risk of being cut-off from their water or
sanitation services typically receive assistance from the municipality to help them to avoid
being disconnected, with water disconnections in these instances being determined on a
case-by-case basis. Additionally, it noted that ERSAR provides regulatory oversight
regarding disconnections, studying how many each operator undertakes, and whether these
followed the proper procedures “in order to be able to intervene more effectively to ensure
that disconnections are not jeopardizing human rights principles.” Furthermore, ERSAR
“has also a clear policy regarding tariffs for the poorest households, recommending the
implementation of social tariffs, which result in a substantial reduction in the monthly water
bill.”
50.
Regarding the recommendation on the necessity of conducting studies on the reasons
behind the incapacity to pay water and sanitation bills, the Government responded to this
recommendation stating that “the existing rules regarding data protection do not allow the
collection of this type of information for particular households. Nevertheless, ERSAR is
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