A/HRC/42/47/Add.4 B. Recommendation on general law on water resources RECOMMENDATION 2: “Guarantee that the general law on water resources currently under consideration assign priority to the human rights to water and sanitation as the cornerstone of any policy and that it clearly state that priority in the use of water should be given to human consumption” (A/HRC/33/49/Add.1, para. 96(b)(ii)). 11. The Special Rapporteur noted in his country visit report that since 2012, a general law on water resources (“Ley General de Aguas”, hereinafter referred to as “General Law”) has been under discussion before the legislative assembly and that the main differences in proposals put forward during discussions concerned the composition of the governing body and clear references to the principle of priority for human consumption (A/HRC/33/49/Add.1 para 21). 12. Three other proposals for a water law were presented following the Government’s proposed draft General Law in 2012. On the 14 June 2017, the first proposal for a water resources law was presented to the legislature that put forward the creation of a permanent, autonomous regulatory entity. On 22 June 2017, a second proposal on a water law4 was presented by the Universidad Centroamericana José Simeón Cañas and the Office of the Human Rights Procurator, that has as its basis the creation of a public governing body called the National Water Authority (ANA). 5 The third proposal was presented to the Environment and Climate Change Commission by representatives from the Water Expert Committee (a group of independent professionals with mutual concern about the situation of water resources and the lack of regulation) on 4 July 2017.6 13. At the beginning of the current 2018-2021 political term, the Environment and Climate Change Commission agreed to give priority to the consultations related to the proposed general law on water resources. The Commission met and discussed the proposed law with various stakeholders comprising universities, water experts and representatives of civil society and the private sector. The Government informed the Special Rapporteur that among the articles of the draft general law on water resources that have already been adopted by the Environment and Climate Change Commission, article 7 addresses the human rights to water and sanitation. According to the Government, the Commission did not yet address the draft article on uses of water, however it noted that proposed draft bills and the Commission provide that priority would be given to water for human consumption. 14. The Special Rapporteur recognises the efforts of the Government and of the Parliament to discuss the draft law with various stakeholders and approve a general law on water resources that recognises and ensures the implementation of the right to water. In particular, he welcomes the fact that the Environment and Climate Change Commission of the legislative assembly approved article 7 recognising the human rights to water and sanitation and that the Commission is likely to prioritize water for human consumption. The Special Rapporteur notes, however, that a proposed general law on water resources has not yet been approved. Given the droughts and the urgent situation of water resources in El Salvador, he highlights the importance of prioritizing water for human consumption, placing the needs of the population first. The Special Rapporteur calls on the members of the legislative assembly to achieve a consensus on the adoption of a law that assigns priority to the interests of citizens and guarantees the normative content and principles of the human rights to water and sanitation (A/HRC/33/49/Add.1, para 22). PROGRESS ON-GOING: The Special Rapporteur urges the Government and the legislative assembly of El Salvador to move toward with the approval of a general law 4 5 6 4 “La Regulación Pública de las Aguas con Participación Ciudadana”, available at http://www.uca.edu.sv/wp-content/uploads/2018/06/regulacion-publica-de-aguas-con-participacionciudadana-UCA.pdf. Legislative assembly of El Salvador, “Diputados conocen nueva propuesta de régimen administrativo nacional para una ley General de Aguas”, 27 June 2017. Legislative assembly of El Salvador, “Comisión de Medio Ambiente y Cambio Climático conoce propuesta de Ley Integral de Agua”, 4 July 2017.