A/HRC/42/47/Add.4 applying chlorine by drip methods to water contained in reservoirs. Furthermore, in order to minimize the spread of possible contagious diseases in the environment, sewage and grey waters are treated prior to their evacuation and discharge. According to the Government, the joint actions carried out by the institutions in charge of the technical part of water distribution (ANDA), the monitoring of the quality of drinking water (MINSAL) and the entity in charge of the administration of water resources (MARN) are enabling such efforts to produce positive results. Furthermore, the General Directorate of Penitentiary Facilities has taken various concrete actions to improve and repair water systems in various prisons in the country, such as acquiring and installing water purification filters, cleaning and sanitizing cisterns, constructing wastewater treatment systems with the purpose of improving water quality for prisoners and administrative and security staff, thus helping to avoid the proliferation of gastrointestinal diseases. 65. The Special Rapporteur notes efforts made by the Government to improve water availability and accessibility and to ensure water quality and wastewater treatment in various prisons around the country. He is however concerned about the lack of policies guaranteeing the human rights to water and sanitation for inmates, the lack of concrete and targeted measures to provide or improve sanitation facilities in prisons and the small or restricted scale of projects implemented. He also notes that efforts undertaken by the Justice and Public Safety Ministry only target new penitentiary facilities. PROGRESS ON-GOING: The Special Rapporteur encourages the Government to adopt policies and legislative measures ensuring that all inmates have access to sufficient safe drinking water and to adequate sanitation facilities, and to continue undertaking projects in other penitentiary facilities around the country in order to implement his recommendation in the entire penitentiary system of El Salvador. E. Recommendation on indigenous peoples RECOMMENDATION 19: “Develop legislation under which the rights of indigenous peoples, including the rights to water and sanitation, may be better protected and implemented.” (A/HRC/33/49/Add.1, para. 96(n)). 66. The Special Rapporteur underlined in his country visit report that indigenous people likely represent between 10 and 12 per cent of the population. He further mentioned that according to the World Bank, in 2003 61.1 per cent of indigenous peoples lived in poverty and 38.3 percent in extreme poverty. Following the Special Rapporteur’s visit to El Salvador, the Human Rights Committee expressed in its 2016 Concluding Observations, concerns that legislation does not recognize the right of indigenous peoples to obtain title to land, and that there is no specific legislation to grant property titles to these peoples. 67. The Government indicated in its reply that it is developing a special legal framework to protect and implement the rights of indigenous peoples. The Government indicated that the 1961 Law of the National Administration of Aqueducts and Sewers establishes among ANDA’s obligations the concept of universalization, and not exclusion, of people from accessing drinking water. Furthermore, the Government noted that the establishment in 2011 of the Direction of Attention to Rural Systems and Communities (Gerencia de Atención a Sistemas y Comunidades Rurales), the main objective of which is to support the Administrative Boards of rural water systems, contributes to a large extent to the protection of the rights of indigenous peoples. The Government also referenced the National Health Policy for Indigenous Peoples, presented in November 2018 which highlights the importance of guaranteeing access to water for human consumption to indigenous peoples. Additionally, in November and December 2018, the Public Policy and the National Action Plan for Indigenous Peoples were launched. The Public Policy contains an Economic Development Strategy, which includes provisions for: indigenous peoples as beneficiaries of land transfer programs, collective land tenure, and legal aid for protection and regularization of indigenous land ownership. In its Social Development Strategy, the Public Policy includes a special programme for the installation and improvement of drinking water infrastructure in indigenous communities, and a technical programme for access to drinking 18

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