A/HRC/42/47/Add.5
should be given the mandate and adequate financial human resources to monitor the
implementation of the human rights to water and sanitation, going beyond issues related to
water resources management and financial sustainability of the providers.
GOOD PROGRESS: The Special Rapporteur looks forward to the regulator beginning
its vital role of ensuring that water and sanitation provision in Botswana meets human
rights standards. He recommends that the Government ensures adequate resources are
provided to ensure the regulator is able to undertake its role, whilst protecting its vital
independence.
C.
Recommendation on policy framework
RECOMMENDATION 3: “Adopt the draft national water policy in order to approach water
and sanitation issues in a comprehensive manner guided by the principles and normative
content of the human rights to water and sanitation. Such a policy should include a long-term
strategy for sustainable water resources management, taking into account the foreseen
increase in water stress.” (A/HRC/33/49/Add.3, para. 72(a))
17.
During his visit to Botswana, the Special Rapporteur learned the Government had
drafted a new national water policy, which was noted to represent a positive step forward as
its provisions and principles conformed to the normative content of the human rights to water
and sanitation, as well as other human rights principles such as equality and nondiscrimination. At the time of his visit, the policy was awaiting approval by Parliament,
however it had not yet been introduced (A/HRC/33/49/Add.3, para. 17).
18.
Following the conclusion of the Special Rapporteur’s visit to Botswana, it was
reported that Parliament, in August 2016, approved the National Water and Sanitation Policy.
In its response to the Special Rapporteur’s follow-up questionnaire, the Government noted
that under the National Water and Sanitation Policy water is regarded as a “basic human
necessity” and that “gender and social equity in accessing water resources will be insured
(sic).”
19.
The Special Rapporteur unfortunately has not received a copy of the adopted national
water policy and has therefore been unable to assess in detail if the policy incorporates the
principles and normative content of the human rights to water and sanitation. However, the
Special Rapporteur commends the adoption of a national water policy which, according to
the Government, identifies water as a vital necessity for human life, whilst promoting equity
of access.
PROGRESS ON-GOING: The Special Rapporteur notes that the national water policy
which regards water and sanitation as a basic human necessity has been adopted. In
order to observe and assess the policy from a human rights perspective, more
information and a copy of the policy should be widely publicized so as to enable the
international community to determine the extent to which it complies with human
rights standards.
IV. The human rights to water and sanitation
20.
Water and sanitation services must be accessible to everyone, on the premises of
households, health and educational institutions, public institutions and places, and
workplaces. The human right to safe drinking water entitles everyone, without
discrimination, to have access to sufficient, safe, acceptable, physically accessible and
affordable water for personal and domestic use, and the human right to sanitation entitles
everyone, without discrimination, to have physical and affordable access to sanitation, in all
spheres of life, that is safe, hygienic, secure, socially and culturally acceptable and that
provides privacy and ensures dignity, and both rights are components of the right to an
adequate standard of living.
5
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