A/HRC/42/47/Add.4
on water resources, assigning priority to the achievement of the human rights to water
and sanitation and clearly stating that human consumption should be afforded
priority with regards to the use of water.
C.
Recommendation on legal framework
RECOMMENDATION 3: “Urgently adopt a framework law on the water and sanitation
subsector, which focuses on the realization of human rights, provides guidance for the
sector’s institutions and guarantees appropriate regulation of services.”
(A/HRC/33/49/Add.1, para. 96(b)(iv)).
15.
During his country visit, the Special Rapporteur identified that more than twenty
different bodies are responsible for the distribution and supervision of water resources,
nevertheless, El Salvador lacked an institutional framework to ensure coordination and
proper management of water resources. (A/HRC/33/49/Add.1 para. 25).
16.
According to the desk research conducted for the preparation of this follow-up
report, The National Drinking Water and Sanitation Plan (PLANAPS) presents two
scenarios to improve the legal framework of the subsector of water and sanitation. In the
“ideal scenario” access to sanitation would be guaranteed through sewerage networks and
treatment plants, and a law on the drinking water and sanitation subsector would be
developed. Under the “ideal scenario” PLANAPS aims to design a proposal that will be
presented to the legislative assembly for approval and streamlined to initiate institutional
adjustments, by 2022. Alternatively, the “transitional scenario” would consist of
strengthening the existing legal framework through legal reform by designing laws that
apply to the National Water Mains and Sewers Administration (ANDA) clarifying roles
regarding service provision in the Municipal Code and Health Code; establishing relations
between different service providers, and strengthening monitoring and application of
sanctions for non-compliance with laws and norms. As at the time of submission of this
report, no information has been received that suggests that the adoption of a framework law
on the water and sanitation subsector has been approved.
17.
According to the information provided by the Government, the Government’s
capacity to ensure the human rights to water and sanitation is limited due to the lack of a
legal framework regulating the different uses of water. This has prevented the establishment
of a regulatory entity for the water and sanitation sub-sector. The Government has noted
that it is creating the National Drinking Water and Sanitation Council (CONAPS), which
will institutionalise the water and sanitation sub-sector and coordinate all the actors therein.
Furthermore, in 2018 the Government introduced the National Policy on Integrated Water
Resources Management which recognizes the human right to water and requires the
necessary institutions to ensure the availability of safe and sufficient water.
18.
The Special Rapporteur notes the efforts of the Government to create bodies such as
CONAPS to institutionalise and coordinate the water and sanitation sub-sector. However,
taking into account the plurality of entities that provide water services, and the disparity in
services offered by different service providers, as well as the inequalities present in access
to adequate water and sanitation among the population of El Salvador, it is necessary that a
law regulating the water and sanitation subsector is adopted. Through a legislative
framework, the provision of water and sanitation services can be guaranteed according to
international human rights standards and the human rights obligations and responsibilities
of service providers can be implemented and enforced.
PROGRESS NOT STARTED: The Special Rapporteur notes that the Government
has not yet adopted legislation on the water and sanitation sub-sector which promotes
the realisation of the human rights to safe water and sanitation, and which regulates
services and provides guidance for institutions operating within the sector. He urges
the Government to progress its efforts to introduce such a law with due expediency.
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