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

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