A/HRC/33/49/Add.3
improved water and 63 per cent access to improved sanitation as of the end of 2015. 1 Rural
sanitation is still poor and a significant percentage of people still practice open defecation.
The Special Rapporteur commends the Government’s efforts to submit responses to the
UN-Water Global Analysis and Assessment of Sanitation and Drinking Water for the first
time in 2014.
II. Legal, institutional and policy frameworks
A.
Legal framework
7.
Botswana has ratified the International Covenant on Civil and Political Rights, the
Convention on the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of the Child. These international treaties contain legal obligations
on the human right to life and obligations related to access to water and sanitation.
However, Botswana is one of the few remaining countries that have not yet ratified the
International Covenant on Economic, Social and Cultural Rights — a strong legal basis for
the human rights to water and sanitation. The Special Rapporteur strongly encourages
Botswana to sign and ratify the Covenant as a legal foundation. Recognition of the human
rights to water and sanitation is a crucial first step towards realizing access to water and
sanitation for all without discrimination. The Covenant does not expect the State to realize
these rights immediately. Rather, it provides a framework and guidelines on how to
progressively implement these human rights.
8.
Botswana has ratified regional human rights treaties, such as the African Charter on
Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the
Child, which obliges States parties to take measures to ensure the provision of adequate
nutrition and safe drinking water.
9.
International laws are not self-executing in Botswana. They require legislative
implementation to be effective in national law. Nevertheless, Botswana is bound by
international human rights law and principles. Access to safe drinking water and sanitation
is a human right derived from the right to an adequate standard of living, which is enshrined
in, inter alia, article 11 of the International Covenant on Economic, Social and Cultural
Rights and the Universal Declaration of Human Rights. These rights were explicitly
recognized by the General Assembly in resolutions 64/292 and 70/169 and by the Human
Rights Council in resolution 15/9.
10.
According to international human rights law, the State must take concrete and
deliberate steps to progressively realize the human rights to water and sanitation. The
realization of these rights also requires providing access to adequate and affordable hygiene
practices, including handwashing and menstrual hygiene management. Effective measures
have to be taken in order to ensure adequate disposal and treatment of human waste. The
Government also has an immediate obligation to ensure access to water and sanitation
facilities and service on a non-discriminatory basis, especially for disadvantaged or
marginalized groups. Even in cases where water and sanitation service provision is
delegated to third parties — either private or public companies — the Government is
obliged to regulate and monitor the activities of those companies in order to ensure that all
aspects of the human rights are guaranteed.
1
4
See World Health Organization (WHO) and United Nations Children’s Fund (UNICEF), “Progress on
sanitation and drinking water — 2015 update and MDG assessment” (New York, 2015), pp. 58-59,
available at www.wssinfo.org/fileadmin/user_upload/resources/JMP-Update-report-2015_English.pdf.
GE.16-12031