A/HRC/36/45/Add.1
16.
The Special Rapporteur underscores the importance of explicit legal recognition of
the human rights to water and sanitation at the national level. Such recognition will allow
for comprehensive legal protection of those rights and will complement the à la carte
approach according to which only certain principles of human rights are enshrined in
existing Portuguese legislation. Furthermore, having a national law is key to ensuring the
justiciability of the human rights to water and sanitation. It is crucial that national
legislation provides a clear guarantee to individuals and groups who are alleged victims of a
violation of their rights to water and sanitation, so that they are able to file a complaint
before a judicial body, request legal remedies and have those remedies enforced. The
Special Rapporteur emphasizes the international commitment of Portugal to provide access
to remedy, as highlighted in the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, which it ratified in 2013, and under article 20 of its
Constitution.
B.
Policy framework
17.
In addition to legislative measures, the Government is obliged to adopt
administrative, educational, social and other measures to realize the human rights to water
and sanitation. Continental Portugal has a master plan on water and sanitation services,
which started with the first Strategic Water Supply and Wastewater Sanitation Plan
covering the period from 2000 to 2006, and the second plan covering the period from 2007
to 2013. Building on the results of the first plan, the second plan aimed to ensure that 95 per
cent of the population had access to public water provision and 90 per cent to sanitation by
2013. As for services management, the second plan aimed for full cost recovery and
increased participation of private companies in the sector.
18.
The most recent strategic plan covers the period up to 2020. The Special Rapporteur
welcomes the fact that the 2020 plan highlights the recognition of the human rights to water
and sanitation by the United Nations General Assembly in 2010.10 The 2020 plan focuses
on efficient management of water resources and on issues such as restructuring the sector
and financial resources. The Special Rapporteur looks forward to the progress that Portugal
aims to achieve in implementing the 2020 plan, particularly in terms of guiding public
policy on quality services at a sustainable price. Furthermore, the Special Rapporteur
welcomes the fact that the 2020 plan involves a monitoring group composed of various
stakeholders, including local government, Águas de Portugal (the State-owned holding
company that provides water and sanitation services), civil society and other monitoring
groups to facilitate the right to participation for stakeholders and to disseminate information
relating to policy formulation.
19.
The Special Rapporteur notes that no information on the policy framework of the
two autonomous governments has been made available to him.
IV. Institutional framework
A.
Institutional transformation
20.
After the 1980s, Portugal faced the need to develop standards on drinking water and
sanitation services provision. The Portuguese water and sanitation sector reform started in
1993 and resulted in a complex institutional architecture within which multiple actors have
different roles.
21.
In 1993, Portugal had an underdeveloped water and sanitation infrastructure with 81
per cent of households in Portugal having access to public water supply systems and 68 per
cent to wastewater management services. Portugal experienced institutional fragmentation,
with several public bodies having disparate but overlapping responsibilities in relation to
10
6
See www.apambiente.pt/_zdata/Politicas/Agua/PlaneamentoeGestao/PENSAAR2020/
PENSAAR2020_Relatorio_Vol2.pdf.