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