A/HRC/42/47/Add.5 bands, based on the water tariff study conducted in 2014.12 The Government reported that it has removed the minimum service charge and exempted the valued-added tax for the first 5,000 litres. 38. Regarding the Special Rapporteur’s recommendation on the subsidisation of pit latrine services, the Government noted in its response to the questionnaire that “[t]here are three different tariff structures namely, the government, commercial/industrial and domestic. The first two are higher and meant to subsidise the domestic tariff structure.” Supplementary documentation provided by the Government shows that, effective 15 February 2016, the WUC decreased the cost of pit latrine and septic tank emptying from P600 and P500 to P500 and P400, respectively, and eliminated extra charges for long distances. Also, the WUC reduced the reconnection charge from P150 to P100 and the deposit for new customers from P400 to P200, in villages only.13 Furthermore, the Government has revealed its intention to favour cost recovery in the provision of sanitation services while implementing subsidies to ensure affordability for the population. 39. The Special Rapporteur notes that the Government has approved the revised tariff system which intends to balance the affordability and sustainability of water and sanitation services by adopting the cross-subsidy system and by reducing basic costs for household users. The Special Rapporteur trusts that the Government will strengthen the monitoring of the affordability of water and sanitation for the poor and the disadvantaged and give particular attention to the impact of the new system of increasing block tariffs on those large poor households that potentially need to consume a greater amount of water. RECOMMENDATION 8 – PROGRESS ON-GOING: The Special Rapporteur encourages the Government to maintain a system of water and sanitation tariffs which better meet the needs of people who are marginalised and in vulnerable situations. He further notes the importance of regularly reviewing the tariff system to ensure that it is still able to meet these needs in a manner which complies with Botswana’s human rights obligations. RECOMMENDATION 9 – LIMITED PROGRESS: While noting that the Government has taken measures to decrease the tariffs, the Special Rapporteur nonetheless points out that no concrete measures have been taken to address cross-subsidy and fiscal systems for emptying pit latrine services to ensure fair charges. Therefore, he recommends that the Government devises a mechanism to operate a subsidisation system for pit latrine services and to constantly review this mechanism to ensure it is able to adequately ensure affordability for those on low-incomes. E. Recommendation on the special tariffs and subsidies RECOMMENDATION 10: “Establish a safeguard system to protect access to essential water and sanitation for those living in poverty and those with special needs, including health conditions, through the provision of financial assistance, special tariffs, subsidies or other measures.” (A/HRC/33/49/Add.3, para. 72(f)) 40. The Special Rapporteur noted that difficulties faced by people in paying their water and sanitation charges, and subsequent disconnections as a result, disproportionately affected individuals in vulnerable situations, leaving their enjoyment of the rights to water and sanitation at greater risk than others. Consequently, he recommended that the Government set up systems to ensure these people are protected from these deleterious outcomes (A/HRC/33/49/Add.3, para. 37). 41. In response to this recommendation, the Government has noted that “[t]here are safeguards in place for the poor, elderly, orphans, people with disabilities and poor patients 12 13 10 Water Utilities Corporation, “Water Utilities Corporation Tariffs: Effective 1 April 2017” https://www.wuc.bw/common_up/wuc-new/news-08-022017_WUC%20TARIFFS%20REVIEW.pdf. Water Utilities Corporation, “Water Tariffs - Effective 1st April 2015”; Water Utilities Corporation, “Water Utilities Corporation Fees Effective 1st September 2015”.

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