A/HRC/42/47/Add.4
C.
Recommendation on people living on the street
RECOMMENDATION 17: “People living in the street should be guaranteed free
facilities providing access to water and toilets.” (A/HRC/33/49/Add.1, para. 96(e)(iii)).
60.
According to the Government´s reply, external actors provide cheap or free water
and sanitation facilities and toilets in public spaces for people who are homeless, through
supply and sewage services provided by ANDA. Furthermore, Article 5 of the Law creating
the FISDL states that “[r]esources from Municipal Funds may be invested in […] sewage
treatment, construction of sanitary services, public toilets and laundries […] [among
others]”. The Government also incorporated as an obligatory measure the provision of
complete sanitary services in each of the projects, so that the surrounding communities
have access to services for hand washing and sanitation.
61.
The Special Rapporteur notes efforts from the Government to provide sanitation
services in certain projects. He is, however, disappointed that no specific measure or policy
has been adopted to guarantee access to free water and sanitation to people who are
homeless. In order to meet its human rights obligations and improve its realization of
targets 6.1 and 6.2 of SDGs, the Government shall adopt concrete policies and measures to
ensure access for all to safe drinking water, including for people in who are street homeless.
PROGRESS NOT STARTED: The Special Rapporteur reiterates his
recommendation and calls the Government to guarantee to people living in the street
free facilities providing access to water and toilets.
D.
Recommendation on ensuring water and sanitation in prisons
RECOMMENDATION 18: “Ensure an uninterrupted supply of good quality water and
satisfactory conditions of sanitation for persons deprived of their liberty in the country’s
prisons and “bartolinas” (police jails) so as to guarantee compliance with the country’s
obligations in respect of the human rights to water and sanitation.” (A/HRC/33/49/Add.1,
para. 96(m)).
62.
During the visit to El Salvador, the Special Rapporteur visited a prison with capacity
for 1,000 inmates, however, its actual population was 5,297 detainees. He also was
informed that the prison’s water service was frequently interrupted meaning inmates had to
go for several days without water, or forcing them to suck water from pipes. Inmates often
relieved themselves in plastic bags and they had no privacy when fulfilling their sanitation
needs (A/HRC/33/49/Add.1, paras. 82 and 86).
63.
Following the Special Rapporteur’s visit, the Human Rights Committee indicated in
its 2016 Concluding Observation on El Salvador that, “[r]egarding hygiene conditions,
improvements have been made to the supply of drinking water in prison facilities with the
assistance of the International Committee of the Red Cross; and prevention campaigns,
including general cleaning, fumigation, screening and talks on hygiene and health, are
being operated through prison clinics” (CCPR/C/SLV/7, para. 144). Equally, the CEDAW
welcomed, in its 2017 Concluding Observations on El Salvador, the provision of health
services to women in detention, however, it expressed its concern regarding their problems
in gaining appropriate access to accommodation, health and sanitary facilities
(CEDAW/C/SLV/CO/8-9, para. 45).
64.
The Government of El Salvador, in its reply to the follow-up questionnaire,
mentioned that the Justice and Public Safety Ministry is undertaking various efforts in order
to improve conditions for persons deprived of their liberty in El Salvador. Such efforts
include providing new prison infrastructure, uninterrupted drinking water services for 24
hours a day, allocating approximately 100 litres of water per day per person, coming from
diverse sources, mainly rivers and deep drilled wells, and guaranteeing the quantity, quality
and safety of water likely to be suitable for human consumption. The quality of the water
provided is ensured through the installation of direct injection chlorination systems or by
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