A/HRC/45/10/Add.3 acceptability are not addressed as part of the responsibilities of the State Water Agency outlined in the amended Law on Water. 21. Following the amendment to the Law on Water, in April 2020, the Government decided to establish the State Water Agency under the Ministry of Environment and Tourism, with a maximum staff of 38 people and within the existing budget.12 The Special Rapporteur cautions that in addition to creating the State Water Agency, the Government must ensure that enough resources are allocated to support the State Water Agency’s new coordinating role. Allocating sufficient resources – including non-financial resources such as institutional and human resources – constitute the State’s obligation to use the maximum of its available resources to progressively realize the human rights to water and sanitation (A/HRC/45/10). 22. In addition to the State Water Agency, the National Water Council is also to be established under the amended Law on Water, as a branch to be under the National Security Council, which reports to the President. According to the Law on Water, it is to be responsible for providing policy recommendations and exchanging information aimed at ensuring water security (article 91.1.1). The specific functions of the National Water Council, how they differ from the State Water Agency and what mechanisms are in place to coordinate the roles of the two bodies are not yet clarified. The Special Rapporteur encourages the Government to organize the functions of the two entities in a way to avoid overlap and to ensure that their activities across the water and sanitation sector are specifically coordinated, with clear responsibilities for both entities. 23. Despite those changes, responsibility for water and sanitation provision appears to be still divided. As an example, the Ministry of Construction and Urban Development is responsible for the “Government policy on housing and public utilities”, approved by the Government in resolution 94 of 2020, which sets the target of piped connections for 90 per cent of the population by 2030.13 The Special Rapporteur recommends that the Government clarifies how the National Water Authority will collaborate with other ministries responsible for water and sanitation provision across the country, in various contexts including, inter alia, formal housing and urban development, and service provision for nomadic populations. 24. The Special Rapporteur congratulates the Government on its efforts to address the need for coordination in the water and sanitation sector and looks forward to the progress made in this regard. Particularly, he encourages the Government to clarify how it will ensure that the State Water Agency and National Water Council will work in tandem to realize the human rights to water and sanitation, and to ensure accountability at all levels of the Government. In addition, he looks forward to a clear definition on how these bodies will address the issues of acceptability and accessibility, ensuring that equal access to water and sanitation is prioritized in policy and in action. RECOMMENDATION 4 on assessment institutional arrangements - PROGRESS ON-GOING: The Special Rapporteur urges the Government to use the human rights framework to guide the establishment of the State Water Agency and the National Water Council, to clarify their responsibility related to water and sanitation provision and to ensure that accountability mechanisms are in place. In particular, he recommends that the Government clarifies how these entities will collaborate to ensure that equal access to water and sanitation will be ensured, and that all human rights standards and principles are included in the functions of both the State Water Agency and the National Water Council. 12 13 8 Government of Mongolia, “Established a Water Department”, 1 April 2020. Government of Mongolia, Annex to Government Resolution No. 94 of 2020, Government Policy on Public Housing and Utilities, 2020.