A/HRC/42/47/Add.1
29.
The Lesotho Highlands Development Authority was set up with the responsibility of
implementing, operating and maintaining the components of the highlands water project in
Lesotho, including the social, environmental and economic developments of the project,
such as resettlement, compensation and the supply of water to resettled villages. The
Authority is responsible for overall implementation of project works, such as dams, tunnels,
power stations and infrastructure on the territory of Lesotho and reports to the Lesotho
Highlands Water Commission, a binational body representing the Governments of Lesotho
and South Africa. The Commission is responsible and accountable for the project, acts on
behalf of and advises the two Governments.
30.
The Metolong Authority was established to implement the Metolong dam and water
supply programme that is part of the Lesotho highlands water project and is aimed at
increasing access to water and improving the reliability of the water supply to urban and
peri-urban areas in Maseru and the neighbouring towns of Roma, Morija, Mazenod and
Teyateyaneng.
31.
The Special Rapporteur emphasizes that implementing entities can use the
normative content of the human rights to water and sanitation and human rights principles
which offer guidance on who and what to prioritize in planning and programming
international cooperation, as well as on how policies, programmes and interventions should
take place.
IV. Human rights to water and sanitation in Lesotho
32.
During his two-week visit, the Special Rapporteur undertook an assessment of the
access to water and sanitation services from a human rights perspective, which differs from
the traditional technical assessment. His focus was neither on figures, numbers or averages,
nor how wastewater is treated or the length and diameters of water pipes, but on how the
outcomes of those elements impact the rights of the Basotho people and particularly those
who are in the most vulnerable situations. The progressive realization of the human rights
to water and sanitation cannot be assessed only on the basis of statistical indicators alone.
The Special Rapporteur stresses that statistical information, economic indicators,
benchmarks and timelines remain important in assessing progress, but that they must be
constantly complemented by information obtained by engaging rights holders.
A.
Availability
33.
Availability refers to the existence of water and sanitation facilities, the quantity of
safe water available for domestic and personal use, and the necessary availability of water
resources for those uses. Such uses include water for drinking and personal hygiene and for
personal and domestic uses, including cooking, the preparation of food, laundry and
cleaning.17 As for sanitation, a sufficient number of sanitation facilities need to be available.
The necessary infrastructure also has to be put in place to ensure the availability of services
(A/70/203, para. 7).
34.
The Water Act (art. 5 (2)) specifies the priority for domestic usage of water. In the
case of conflicting water use and if the water is insufficient to cater for other uses, domestic
use shall prevail and be given first preference over other uses. The water and sanitation
policy of 2007 also states that the Government should “ensure access to a sustainable
supply of potable water and basic sanitation services for all Basotho”.
1.
Availability of water facilities
35.
In the highlands, the Basotho rely mostly on gravity-fed systems from springs in the
mountains, which are connected by pipes to public standpipes for community members to
17
8
See Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right
to water, para. 12.
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