A/HRC/36/45/Add.2 water they consume, irrespective of individual requests or complaints made. National guidance on that issue would be most welcome. C. Affordability 38. Affordable services are essential to guaranteeing the rights to water and sanitation, especially for those living in poverty. From the total population of 121 million people in Mexico, some 53.3 million live in poverty, with 11.4 million living in extreme poverty. Tariffs for water and sanitation are usually set by each municipality, based on state legislation and local circumstances and therefore tariffs often differ substantially according to locality. A classification system based on socioeconomic status, through a vulnerability index, is used by some providers to establish their tariff systems and cross-subsidies.4 In Mexico City, for example, the service provider uses a dynamic geostatistical model, the “development index”, to calculate the development level of every city block based on social and economic indicators. Such systems potentially protect those living in the most vulnerable situations against unaffordable bills, if properly implemented. 39. In many of the communities the Special Rapporteur visited, residents expressed their concerns regarding high or unaffordable bills for poor services that do not meet their needs. Mexico has in place mechanisms to receive complaints in that regard, such as the Federal Consumer Protection Agency, but the actual number of cases relating to water prices is very limited. While the financial sustainability of the water and sanitation system is essential and relies on an appropriate system of water tariffs, it is nevertheless imperative to ensure that services are fully maintained to those with the lowest incomes or living in poverty. The Special Rapporteur ascertained that those who receive no service or poor service by their providers are those who experience the highest economic and social impact, since they are compelled to rely on expensive alternative or supplementary ways of accessing water, such as bottled water, water trucks and informal providers. That means that the poorest often pay more for their water and expend more time and energy obtaining it. 40. Some of those interviewed noted that a significant proportion of their disposable income is taken up by water bills and supplementary costs for bottled water or water from tankers required to meet family needs. In some of the localities he visited, the Special Rapporteur was informed that households that pay water rates for water from the public utility pay several times that amount more each month for bottled water or tanker delivery. Some people informed the Special Rapporteur that they had incurred considerable debts due to their inability to pay water rates. In some locations, additional costs were incurred to transport water from tankers or other water sources to their homes, for example in San José Obrero in Xochimilco, where residents pay to have water jugs delivered by donkey to their hillside homes. Residents in Iztapalapa complained that, in addition to water rates, they rely on water tankers to fill containers in their homes, reportedly costing residents 300-800 pesos each time, when the official minimum wage is 80.04 pesos per day. Some people complained about a lack of clarity on their water bills relating to rates and other fixed costs or charges. 41. The Special Rapporteur was informed that services have been cut in the case of failure to pay water bills. Although there are provisions in the Constitution and decisions of federal courts prohibiting that practice, there is no definitive legal safeguard impeding disconnection due to the lack of economic capacity to pay. The situation differs from state to state based on local laws. In Mexico City, the Special Rapporteur was informed that nonpayment resulted in only a decrease in the volume supplied or in water pressure. In Tuxtla Gutiérrez, Chiapas, families reported that their services had been cut due to non-payment. Disconnection of service on the grounds of economic incapacity is a retrogressive measure and is a violation of the human rights to water and sanitation. The revised national legislation on water and sanitation services must include a provision clearly prohibiting the disconnection of users who are economically unable to pay their bills for those services. 4 Usually, commercial and industrial users are charged with higher tariffs, subsidizing residential users. 11