A/HRC/42/47/Add.1
power to regulate water and sanitation services, the fees and tariffs charged and the
standards of service to be provided by all water and sewerage services providers.16
24.
The Electricity and Water Authority approves tariffs based on proposals from the
utilities for adjustment, standards and regulations for transmission, distribution, supply,
import and export. In setting tariffs and charges for water and sanitation services, the
Authority takes into account the affordability of services and any government policies
applicable to subsidies. The Special Rapporteur notes that in practice the Authority focuses
predominately on economic regulation and the quality of service regulation, including asset
management planning and cost-recovery concerns. For Lesotho to fulfil its human rights
obligation, it is essential that the human rights to water and sanitation as a whole are
reflected in the regulatory norms and activities of the Authority and that affordability for
households is taken into consideration as a priority (A/HRC/36/45, para. 25).
3.
Provision
25.
In urban and peri-urban areas, the parastatal Water and Sewerage Company has the
mandate for the provision of water and sewerage services and is responsible for owning,
operating and maintaining water and sanitation systems in those areas. In rural areas, the
Department of Rural Water Supply and Department of Water Affairs, part of the Ministry
of Water, are responsible for water supply. The Department of Water Affairs oversees the
process of drilling boreholes or digging wells, which constitutes the main source of water in
rural areas, particularly in the lowlands. The Department of Rural Water Supply, with 10
district offices across the country, is responsible for overseeing water and sanitation
services in rural areas that are provided through community-managed water schemes and
for support to on-site sanitation. The actual provision of water and sanitation services in the
rural areas, as well as the operation and maintenance of the system, is the responsibility of a
local authority established under the Local Government Act 1997.
4.
International development actors
26.
Lesotho is highly reliant on international development, particularly in the water and
sanitation sector. Both international development funders and their counterpart entities in
the Government that implement projects have human rights obligations and the
responsibility to guarantee that the whole population of Lesotho benefits from those
projects without discrimination. International human rights law defines the obligations of
States with respect to taking appropriate measures, including through international
assistance and cooperation, to the maximum of their available resources, towards the full
realization of economic, social and cultural rights. In that regard, the Special Rapporteur
has highlighted the human rights obligations and the responsibility of international funders,
implementing entities as well as partner States (see A/72/127).
27.
The lowlands water supply scheme, largely funded by the European Union, the
World Bank and the European Investment Bank, aims to ensure a long-term, reliable water
supply for domestic and industrial purposes in Maseru and other lowland districts, and is
planned to provide more than 1.2 million people with access to clean water by 2020. The
Lowlands Water Supply Scheme Unit is the body responsible for coordinating and
implementing the scheme and has the role of addressing the chronic shortage of potable
water supply to the lowlands area of the country for socioeconomic development.
28.
The Lesotho Highlands Development Authority and the Lesotho Highlands Water
Commission are relevant for the implementation of the highlands water project, which is
the largest binational infrastructure project between Lesotho and South Africa. The project
involves the construction of an intricate network of tunnels and dams to divert water from
Lesotho to South Africa. The project is based on the Treaty on the Lesotho Highlands
Water Project, signed in 1986 by both Governments, and sets out the governance structures
required to implement the Lesotho highlands water project on their behalf.
16
The Lesotho Electricity Authority Act, 2002 was amended by the Lesotho Electricity Authority
(Amendment) Act 2011.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents