A/HRC/42/47/Add.5 will always be undertaken when the country is in a position to implement the provisions of the different Conventions” (A/HRC/33/49/Add.6, para.27). 12. The Government responded to the questionnaire sent by the Special Rapporteur stating that currently it has no plans to ratify the ICESCR and its Optional Protocol. 13. The Special Rapporteur is disappointed that the Government has not started progress in considering the signing and ratification of the ICESCR and its Optional Protocol. The explanation of the Government as to why the ICESCR and its Optional Protocol have not been ratified indicates that Botswana has the ambition to respect, protect and fulfil the rights contained within the Covenant, and, indeed, already recognises the importance of some of its provisions within its national law. Whilst Botswana may currently regard itself as being unable to ratify the ICESCR and its Optional Protocol, as it is not yet in a position to implement the provisions therein, the Special Rapporteur makes clear that ratification of the ICESCR is a necessary step towards achieving the Government’s ambition to ensure these rights. The ICESCR is drafted as a framework to guide States parties towards the progressive realisation of the rights contained therein. When considered in this light, ratification of the ICESCR will provide clear guidance on the normative content of the human rights to water and sanitation and on human rights principles and, accordingly, is an important precursor to the implementation of its provisions. PROGRESS NOT STARTED: The Special Rapporteur strongly recommends that Botswana commit itself to the international legal obligations on economic, social and cultural rights by signing and ratifying the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol. This will provide clear guidance on the human rights to water and sanitation and on important human rights principles, which will assist the State in realising those rights, as well as other economic, social and cultural rights. B. Recommendation on regulatory framework RECOMMENDATION 2: “Establish an independent regulatory mechanism with the mandate and adequate financial and human resources to monitor the implementation of the human rights to water and sanitation, including good quality water and affordable services.” (A/HRC/33/49/Add.3, para. 72(h)) 14. At the time of visit, the Government did not accept the recommendation that an independent regulatory body should be established to monitor water and sanitation standards, explaining that whilst the Cabinet had approved the establishment of the Botswana Energy Regulatory Authority, it had excluded water from the jurisdiction of the regulator on the basis that water is “considered a strategic commodity which cannot be left in the hands of the private sector” (A/HRC/33/49/Add.6, para. 28). The exclusion of water from the remit of regulatory authorities was disappointing, as failure to ensure independent oversight of the functions of water providers is highly likely to weaken the enjoyment of the human rights to water and sanitation (A/HRC/33/49/Add.3, para. 16). 15. However, in its response to the Special Rapporteur’s follow-up questionnaire, the Government has stated that it has since taken a decision to create an independent regulatory body for water provision. Whilst this body is yet to be established, the Government has noted that it has directed the “promulgation of legislation of the establishment of an Independent Water Regulator” by way of Presidential Directive.5 16. The Special Rapporteur welcomes the positive development on the establishment of an independent regulator in the water and sanitation sector (see, A/HRC/36/45). The establishment of effective, independent regulatory bodies is vital to the achievement of the human rights to water and sanitation as these entities can, inter alia, generate impartial, human rights-centric standards for actors operating in the water and sanitation sector and ensure accountability for any breaches of those standards. Such an independent regulator 5 4 Presidential Directive CAB 32 (B)/2017.