A/HRC/33/49/Add.3 11. The human right to water entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use. The human right to sanitation entitles everyone to have physical and affordable access to sanitation that is safe, hygienic, secure, acceptable and provides privacy and ensures dignity, in all spheres of life. These distinct contents of the rights to water and sanitation were explicitly recognized by the Human Rights Council in 2013 in its resolution 24/18 and by the General Assembly in 2015 in its resolution 70/169. 12. The human rights to water and sanitation need to be translated into laws, policies and budgeting. The Constitution of Botswana contains provisions on human rights, including the right to life, but does not explicitly recognize the human rights to water and sanitation. The Water Act (1967) is the principal legal instrument on water, and it provides that any person may enjoy “casual use of water in a public stream” for drinking, washing and cooking.2 However, the Act does not sufficiently deal with water supply and sanitation issues. Botswana also has the Waste Management Act (1998), which defines management of wastes including wastewater, and the Public Health Act (1981), which mandates environmental health officers to ensure that water from the public water supply system is potable. B. Institutional and policy frameworks 13. The Ministry of Minerals, Energy and Water Resources has the overall responsibility for the coordination of development and operational activities of the minerals, energy and water sectors. The Department of Water Affairs of the Ministry has the role of assessment, planning, development and maintenance of water resources for domestic, agricultural, commercial, industrial and other uses in the whole country. As defined in the Water Act (1967), the State has delegated the power to grant water rights to the Department of Water Affairs and the Water Appointment Board. The Ministry has a decentralized system whereby the Department of Water Affairs is responsible for developing water resources and handing them over to the Water Utilities Corporation for distribution. Botswana is composed of 16 districts, which are administered by 16 local authorities (district, city or town councils). 14. Botswana carried out a water sector reform between 2009 and 2013, based on the National Water Master Plan Review, with the aim of separating the roles of water resource management, service delivery and regulation. Following the reform, the Water Utilities Corporation took over drinking water service delivery and wastewater management in all urban areas and in mining centres. At the district level, emptying pit latrines and disposing of sludge were handed over from the district authorities to the Water Utilities Corporation. The Water Utilities Corporation, originally created in 1970 by the Water Utilities Corporation Act, is a State-owned company. The Corporation comprises a chairman and members appointed by the Minister of Minerals, Energy and Water Resources. An audit committee comprising three members of the Corporation oversees the financial reporting process and monitors the Corporation’s performance compliance with laws and regulations. 15. The Ministry of Health formulates health policies and ensures their correct interpretation and implementation throughout the health-care system. It is also responsible for the surveillance of drinking water quality. It has the authority to request the results of water tests from the Water Utilities Corporation, however, there is no systematic mechanism for reporting water quality to the Ministry of Health. 2 GE.16-12031 See Botswana, Water Act (1967), art. 5 (b). 5

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