A/HRC/45/10/Add.3 RECOMMENDATION 5 on coordination and exchange of information – PROGRESS ON-GOING: The Special Rapporteur welcomes the Government’s efforts to create the State Water Agency and the National Water Council. He looks forward to additional guidelines on how the new bodies will work to coordinate levels of state administration in order to avoid overlaps and to address the human rights to water and sanitation. RECOMMENDATION 6 on roles and responsibilities – PROGRESS LIMITED: The Special Rapporteur recommends that the Government clarify the roles and responsibilities of the State Water Agency in relation to those of other governmental bodies responsible for water and sanitation issues in the Government, including but not limited to the Ministry of Construction and Urban Development. B. Recommendation on designated governmental agency – ger areas RECOMMENDATION 7: Establish a designated governmental agency with a clear mandate to plan and implement interventions in the area of sanitation, with a particular focus on the ger areas (A/HRC/39/55/Add.2, para. 82(c)(iv)). 25. During the visit, the Special Rapporteur noted that access to sanitation services needed specific attention. Particularly, he observed that toilets in the ger areas, which are largely very unsafe, are located outside the gers but inside the ger compound. In the cold weather, the Special Rapporteur was told that residents face the dilemma of either heating a ger, which is the main living space, or heating the toilet. In addition, the default way of upgrading the sanitation solutions, for example installing toilets and developing a sewerage network, faces challenges. Building toilets inside the ger is not possible as the ger is too small and in general, there are no walls dividing the inside. Further, because of the cold climate, sewerage pipes would need to be installed deeper in the ground than the standard depth to prevent the pipes from freezing (A/HRC/39/55/Add.2, para. 4). Despite these specific challenges, there was no agency in charge of monitoring sanitation in Mongolia, and no agency specifically tasked with planning and providing sanitation services in the ger areas (A/HRC/39/55/Add. 2, para. 24). 26. The Special Rapporteur notes that the responsibilities of the new State Water Agency as identified in the Law on Water do not include specific reference to sanitation, nor to the ger areas. The Special Rapporteur notes that the establishment of the State Water Agency is an opportune moment for the Government to specifically integrate sanitation provision for the ger areas into its functions. The Special Rapporteur reminds the Government of the importance of establishing a designated governmental agency responsible for sanitation. This would protect the Government from overlooking the issue in favor of policies on water, and strengthen accountability for failures to realize the human right to sanitation, by clarifying the roles and responsibilities of government actors (A/73/163, para. 10). The Special Rapporteur continues to be concerned about the lack of specific focus on the ger areas. The creation of an agency with a specific responsibility to improve water and sanitation in the ger areas would be a much-needed positive step towards realizing the human rights to water and sanitation of those in vulnerable situations. PROGRESS NOT STARTED: The Special Rapporteur reiterates his recommendation to establish a designated government agency specifically with a mandate to address access to sanitation in the ger areas. More specifically, he urges the Government to take measures to ensure that the human rights to water and sanitation of people living in the ger areas are prioritized at an institutional level, and to ensure that the barriers to accessing water and sanitation in these areas are addressed. 9