A/HRC/33/49/Add.3
standards, the Government must consider both onsite and networked sanitation and the full
costs of sanitation, including wastewater collection, transport and disposal or reuse.
E.
Sustainability of water and sanitation services
43.
The Water Utilities Corporation is in a deficit situation and relying on the
Government to subsidize its operations. The net loss was estimated at 346.6 million pula
($30.2 million) in 2014. According to the Corporation, the higher public sector tariff is at
an adequate level for cost recovery. This raises concerns over the future capacity of the
Corporation to face the persisting challenges in the water and sanitation sector.
44.
Sustainability is an important human rights principle. Water and sanitation services
must be available for present and future generations and the provision of services today
should not compromise the ability of future generations to realize those rights. 14 Cost
recovery is important for a sustainable system, as it ensures coverage of operation and
maintenance costs and supports access to water and sanitation by the poor through crosssubsidies. Once services and facilities have been put in place, positive changes must be
maintained and retrogression must be prevented. The economic and social dimensions of
sustainability must be balanced. On the one hand, sufficient revenues need to be raised to
ensure sustainability in service provision. In Botswana, there seems to be room to increase
revenues from those who can afford it, such as commercial and industrial users and
residential consumers who are financially better off than others. On the other hand,
sustainability must be achieved in a way that ensures affordability for all social groups,
including those living in poverty.
IV. Right to justice and accountability
45.
Article 12 of the Constitution guarantees the right to freedom of expression, which
includes the “freedom to receive ideas and information without interference” and “freedom
to communicate ideas and information without interference”. The right to information
includes the right to receive information so as to make informed decisions regarding the
human rights to water and sanitation.
46.
The Ministry of Minerals, Energy and Water Resources decides on the water
rationing schedule and presents the information at a press conference. The Ministry also
disseminates such information in print media, the government’s free newspaper, radio and
its website. While this is an important effort, there is no standard rule on the
communication of such information. People expressed their dissatisfaction to the Special
Rapporteur at the short notice or unclear information provided regarding water rationing.
Some residents said that it was difficult to plan and prepare for the water rationing
measures in advance. The Special Rapporteur was informed by communities in rural areas
that it was not clear where to report problems with the water supply. People were not
informed of the results of sampling of borehole water either.
47.
As mentioned previously, there is no independent regulator in Botswana to monitor
the performance of the Water Utilities Corporation and local authorities with regard to the
provision of water and sanitation. The Ombudsman has the authority to investigate
administrative justice issues and make recommendations. However, the Ombudsman does
not have the mandate to monitor broader human rights issues, including the human rights to
14
GE.16-12031
See A/HRC/24/44, para. 20.
13