A/HRC/33/49/Add.3
16.
Currently, there is no independent water regulator in Botswana. The Botswana
Energy and Water Regulatory Agency Taskforce was established in 2012 with the aim of
creating an independent regulator for both the energy and water sectors, including setting
tariffs. The competence of an independent regulator is reportedly still under discussion. The
role of a regulator is essential as part of the accountability mechanisms. The Special
Rapporteur, therefore, calls upon the Government to establish an independent regulator
with the competence to monitor the compliance of water and sanitation providers with the
normative content of the human rights to water and sanitation. The regulator should be
mandated to encourage genuine public participation in decision-making and proper
information disclosure and to ensure a mandatory affordability standard in order that water
and sanitation are affordable for all.
17.
With regards to the policy framework, Botswana’s water policy is based on the
Botswana National Water Master Plan (1991) as well as on the National Water Master Plan
Review (2006), which recommended a series of institutional reforms in the water sector.
According to information received, the draft national water policy (2012) was awaiting
approval by the Parliament at the time of the Special Rapporteur’s visit. The policy
stipulates that all water resources belong to and are controlled by the State and are “held in
trust on behalf of the people of Botswana”. 3 The three essential principles are equity,
efficiency and sustainability. The policy considers that “water is a basic human necessity”
and prioritizes access to water for “the basic requirements required for human
consumption” over livestock, commercial and industrial uses. The policy states that “gender
and social equity in accessing water resources will be ensured and, in particular, women
shall be empowered to participate fully in issues and decisions relating to sustainable
development and management of water resources”. These principles are in line with the
human rights to water and sanitation, which requires equality and non-discrimination in
access to water and sanitation as well as the prioritization of water for personal and
domestic use over other uses. The policy also provides for the sustainability and
management of water through a participatory process. Both sustainability and participation
are important human rights principles.
18.
The Special Rapporteur urges Botswana to approve the draft national water policy as
soon as possible in order to set the framework for implementing the human rights to water
and sanitation, based on its law and policy. He also encourages Botswana to stipulate the
prioritization of water for personal and domestic use over other uses, as well as other
principles associated with the human rights, not only in policy but in law.
III. Human rights to water and sanitation
A.
Access to water and sanitation
19.
Water and sanitation services must be accessible to everyone, on the premises of
households, health and educational institutions, public institutions and places and
workplaces.
20.
As of the 2015 deadline for the Millennium Development Goals, 96 per cent of the
population enjoyed access to improved water sources. Botswana increased coverage for
piped water on premises by 52 percentage points during the period from 1990 to 20154 and
3
4
6
See Botswana National Water Policy (October 2012), sect. 1.2.2, available at
www.water.gov.bw/images/Water%20Pitso/Water_Policy__November_2012.pdf.
See WHO/UNICEF, “Progress on sanitation and drinking water”, p. 11.
GE.16-12031