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. 5

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