A/HRC/42/47/Add.5
technology strategy, as well as the spatial organization of information on water and
sanitation, will operate, and, accordingly, whether it will in fact strengthen individuals’
access to information on water and sanitation services. Furthermore, despite these strategies
having been active from 2017, it is notable that the Special Rapporteur on minority issues,
who officially visited Botswana in August 2018, has also observed the lack of availability of
information generally, particularly in the languages of minority groups
(A/HRC/40/64/Add.2).
LIMITED PROGRESS: The Special Rapporteur continues with the view that the
Government needs to take concrete measures to improve access to information on issues
related to the human rights to water and sanitation, in particular for people living in
rural areas, in transition from nomadic life and in resettlements and those who are
minorities. He recommends that the Government increases its efforts in this regard and
clearly publish how it intends to ensure information is accessible regarding water and
sanitation, so as to allow its plans to be properly assessed.
B.
Recommendation on strengthening access to justice
RECOMMENDATION 14: “Strengthen the rights to access to justice and accountability,
including by accelerating the efforts of the Office of the President to amend the Ombudsman
Act to include the role of a human rights institution.” (A/HRC/33/49/Add.3, para. 72(r))
55.
In relation to the Special Rapporteur’s recommendation on improving access to
justice, during the National Development Plan 10 (2009-2016), the Government made a
decision to expand the mandate of the Office of the Ombudsman to include human rights. In
the National Development Plan 11 (2017-2023), it is stated that “[t]he existing legislation
will therefore be reviewed during National Development Plan 11 to expand the mandate of
the Ombudsman to cover human rights, as well as to grant the Office sufficient powers to
deliver on its mandate.”16
56.
However, according to the Government, the Ombudsman Act is still to be reviewed,
and therefore no amendments that afford the Office of the Ombudsman with a broader
mandate to consider human rights have yet been implemented.
57.
The Special Rapporteur welcomes the goal included in the National Development
Plan 11 to expand the mandate of the Ombudsman to cover human rights and to grant the
Office sufficient powers to deliver on its mandate. While it is understandable that the review
of legislation takes time, the Special Rapporteur reiterates that strengthening the Ombudsman
and strengthening access to information, accountability and access to justice, are crucial for
the progressive realization of the human rights to water and sanitation, as well as all other
human rights.
PROGRESS ON-GOING: The Special Rapporteur recommends that the Government
continues to pursue legislative change regarding the expansion of the mandate of the
Ombudsman to cover human rights, and the increasing of its powers to ensure human
rights are properly respected, protected and fulfilled. He urges the Government to
finalise this legislation as soon as is possible.
VI. Leaving no one behind
58.
States parties have a special obligation to provide those who do not have sufficient
means with necessary water and sanitation services and to prevent any discrimination on
internationally prohibited grounds in the provision of those services. 17 The individuals and
groups that States must target to address discrimination are usually the most marginalised,
16
17
14
Republic of Botswana, National Development Plan 11: April 2017 – March 2023 (Draft). Volume 1,
Ministry of Finance and Development Planning, September 2016. Consulted 4 Sep. 2018,
http://www.ncongo.info/wp-content/uploads/2017/02/NDP-11.pdf.
See General Comment 15 of the Committee on Economic, Social and Cultural Rights, para. 15.
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