A/HRC/42/47/Add.4 26. A key goal of PLANAPS is to establish regulation of “drinking water and sanitation services through an adequate legal and institutional framework”. PLANAPS proposes the creation of a Regulation and Social Control Council involving municipalities, providers, users, technical entities, civil society and consumer protection organizations, among others. According to the initiative for a general law on water resources presented by the UCA and the Office of the Human Rights Advocate, ANA will be provided with an advisory body with broad representation and participation of the water and sanitation sector, which will be known as the National Water Council. The National Water Council will support the analysis, deliberation and decision making of ANA. 7 On 16 January 2018, the Environment and Climate Change Commission decided to create ANA as an executive entity that is responsible for regulating water resources. 8 The Environment and Climate Change Commission is currently discussing the creation of a directive board that will act as authority and regulator for water issues. 27. The Special Rapporteur welcomes the efforts and plans adopted by the Government to create a centralised authority to regulate water resources and to include the participation of stakeholders from the water and sanitation sector, as well as of other entities to provide the required institutional framework. He also welcomes initiatives to involve stakeholders in governing or consulting bodies regulating water resources, such as the Regulation and Social Control Council included within PLANAPS, or other bodies proposed within the works of the Climate Change Commission. A body that has autonomy and independence, and that is representative of the relevant stakeholders, may help ensure that water for human consumption is prioritised in water management. The body should be clearly oriented by the framework of the human rights to water and sanitation (A/HRC/33/49/Add.1 paras. 29 to 31). However, the Special Rapporteur remains concerned that no concrete actions have yet been taken to create such body and therefore calls the Government and relevant authorities to intensify its efforts in that direction. PROGRESS ON-GOING: The Special Rapporteur urges the Government and relevant authorities to adopt the necessary measures to create and implement ANA and other proposed initiatives such as the Regulation and Social Control Council, and to ensure transparency, participation, and that the operations of such organs are clearly aligned with the framework of the human rights to water and sanitation. G. Recommendation on regulatory body for water and sanitation services RECOMMENDATION 7: “Set up an independent regulatory body to ensure that those who supply water comply with human rights. Such an agency should ensure genuine participation by the public in decision-making by disseminating appropriate information and guarantee that water and sanitation are affordable for all.” (A/HRC/33/49/Add.1, para. 96(d)). 28. The Special Rapporteur noted during his country visit that no independent regulatory mechanism existed to monitor the performance of either ANDA or the local authorities and agencies providing water and sanitation services (A/HRC/33/49/Add.1, para 35). 29. PLANAPS proposes the creation of the Regulation and Social Control Council, however, an independent regulatory body has not yet been created. In its response, the Government noted it had plans for the creation of a water and sanitation regulatory public entity in the future, and stated that this entity will be independent from any other operator, will be attached to the Presidency, and will be responsible for regulation and oversight of water and sanitations service providers. According to the Government, the Regulation and 7 8 8 Legislative Assembly of El Salvador, “Diputados conocen nueva propuesta de régimen administrativo nacional para una ley General de Aguas”, 27 June 2017, available at https://www.asamblea.gob.sv/node/3646. Legislative Assembly of El Salvador, “Continúa estudio del proyecto de Ley General de Agua”, 16 January 2018, available at https://www.asamblea.gob.sv/node/6688.