A/HRC/42/47/Add.1 C. Affordability 58. Water and the use of sanitation facilities and services must be affordable to individuals for all personal and domestic uses (see A/HRC/30/39). Affordability is a key element of the human rights to water and sanitation. When households pay an excessive amount to have access to water and sanitation services or self-supply those services, this may imply either not having any access to those services or a compromise on access to other essential needs, such as housing, food, health or education. 1. Water tariff and connection charges in urban areas 59. The Water and Sewerage Company adopts a tariff scheme that charges residential users according to four bands of consumption, plus a fixed charge that is not applied to the first band up to 5,000 litres per month. The company has a separate tariff scheme for nonresidential users (including schools) at a flat rate and a fixed charge. As for sewerage services, a flat rate per cubic metre is applied. Tariffs for non-residential users can be higher or lower than the residential tariff, depending on monthly consumption. Schools and businesses are charged approximately the same amount. 60. Two examples illustrate how the tariff scheme applies in practice. If one household consumes 4,000 litres of water a month, the bill amounts to 63 maloti (around US$ 5) for both services. If another household consumes 16,000 litres, corresponding to six persons consuming 90 litres per capita per day, the bill reaches 400 maloti (around US$ 31). Interacting with different residents in Mohkotong, Mohale’s Hoek, Mafeteng and Quthing, the Special Rapporteur learned that the monthly bill was unaffordable for some, who told him that it could represent a significant share of their incomes. 61. The increasing block tariff model adopted for pricing does not necessarily protect the poorest of the poor and the poor, which are the two lowest categories established by the National Commission for Social Assistance. A lack of association between consumption and income has been demonstrated in various contexts, particularly because poor households often have a greater number of residents and consequently require a larger amount of water. In that regard, the Special Rapporteur urges the Ministry of Water and the Lesotho Electricity and Water Authority to undertake an in-depth analysis of the current tariff scheme in order to ensure that access to water and sanitation services is affordable for those in a vulnerable situation and those in need. In the present review, the Special Rapporteur encourages the Government to consider implementation of the model of social tariffs, practised in a number of countries. He also recommends an assessment of connection fees and their impact on the capacity of poor households to be connected to piped systems. 62. Further, in future tariff revisions, the Electricity and Water Authority should implement cross-subsidization, as identified in the water and sanitation policy of 2007. According to the policy, the plan was to ensure cross-subsidy tariff mechanisms in cases where customers were unable to afford the cost of the lowest service level and ensure that maximum expenditure on water did not exceed 5 per cent of disposable income. The Special Rapporteur suggests that Lesotho consider cross-subsidization from non-residential consumers, mostly industry and commerce, to residential users, charging the former more in order to provide affordable tariffs to the poorest. He further notes the importance of the financial sustainability of the Water and Sewerage Company, but at the same time stresses the need to reconcile sustainability with affordable access to services. 2. Disconnections in case of incapacity to pay 63. Affordability does not require that water and sanitation services be provided free of charge. When people cannot afford water and sanitation for reasons beyond their control, however, the State needs to find ways to ensure such access. Disconnection of water services because of inability to pay constitutes a violation of human rights. The practice of disconnection in Lesotho raises concerns from a human rights perspective. When a household cannot pay for the water services provided by the Water and Sewerage Company, the services are disconnected after several notices. The Special Rapporteur 13