A/HRC/42/47/Add.3 water and sanitation. D. Recommendation on assessment of institutional arrangements RECOMMENDATION 4: “Develop and undertake a comprehensive assessment of the institutional arrangements in the water and sanitation sector from a human rights perspective and take measures to ensure that current tensions in the sector do not jeopardize the realization of the human rights to water and sanitation for any of the Portuguese population” (A/HRC/36/45/Add.1, para. 82(f)) 16. Whilst visiting Portugal, the Special Rapporteur identified that the multifarious actors taking part in the provision of water and sanitation have segmented responsibilities and tensions have emerged within the sector. In particular, concerns had arisen regarding the access of different types of providers to European Union funds, the limited role of municipalities in decision-making processes, the difficulties in cooperation between local authorities and the Government, and the gap between decisions from the Water and Waste Services Regulation Authority (ERSAR) and governmental policies. It was further noted that the affordability of water and sanitation services for those in vulnerable situations is likely to be impacted by this segmentation (A/HRC/36/45/Add.1, paras. 32-37). 17. In responding to this recommendation, the Government focused on the measures in place to ensure the smooth operation of water extraction in Portugal. It noted that Portugal’s Water Law, which is based on the European Union’s Water Framework Directive, acts to regulate the use of water resources and “aims to promote cooperation between the State and users of water resources for the maintenance, conservation and management of common hydraulic infrastructures for various purposes, sharing the burden among all users, in particular with a view to promoting efficient use and sustainable water resources associated with these enterprises, the protection of water and ecosystems.” 18. The Special Rapporteur is pleased that, under the Water Law, cooperation is promoted in the area of water abstraction. However, whilst efforts to ensure the effective management of water supply resources, such as reservoirs, are vital to ensuring that the rights to water and sanitation are properly met, he is disappointed that no information has been provided regarding increasing cooperation and coordination, and in decreasing fragmentation, in other crucial areas of water and sanitation provision. Only by tackling the tensions observed across the water and sanitation sector can Portugal make effective progress towards reducing tensions, improving compliance with the human rights to water and sanitation, and ensuring that these rights are enjoyed by all. LIMITED PROGRESS: Whilst it is a positive development that the Government is seeking to reduce tensions in the area of water abstraction, in light of the lack of information regarding action taken in other areas of water and sanitation provision, the Special Rapporteur repeats his recommendation that the Government of Portugal should undertake a comprehensive assessment of all of the institutional arrangements for water and sanitation present within the State with a view to addressing harmful tensions and promoting cooperation and coordination therein. E. Recommendation on equality and non-discrimination RECOMMENDATION 5: “Incorporate the principles of equality and non-discrimination in the enjoyment of the human rights to safe drinking water and sanitation, ensuring sustainability of the services in the institutional framework of the Portuguese water sector and possible future reforms.” (A/HRC/36/45/Add.1, para. 82(g)) 19. During his visit, the Special Rapporteur observed that, due to the way in which the water and sanitation pricing system operates, as well as the tensions which have arisen between actors in the sector, some people experience unequal outcomes regarding their enjoyment of the rights to water and sanitation, and, resultantly, the system can operate in a 5