A/HRC/36/45/Add.1 I. Introduction 1. Pursuant to Human Rights Council resolution 33/10, the Special Rapporteur on the human rights to safe drinking water and sanitation, Léo Heller, undertook a joint official visit to Portugal from 5 to 13 December 2016 with the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context (see A/HRC/34/51/Add.2), at the invitation of the Government. The purpose of the visit was to examine the progress made and identify remaining challenges in ensuring the full realization of the human rights to water and sanitation in the country. 2. During his mission he had the opportunity to meet with representatives of the Ministry of Foreign Affairs, the Ministry of the Environment, the Ministry of Education, the Ministry of Health, the Ministry of Labour, Solidarity and Social Security, the Ministry of Finance, the Ministry of the Economy, the parliament, the Office of the Ombudsman, the Court of Auditors, the municipalities of Cabeceiras de Basto and Celorica de Basto, the Portuguese Environment Agency, the Empresa Portuguesa das Águas Livres, Águas de Portugal, the Portuguese Water Partnership, the Water and Waste Services Regulation Authority and the Setúbal Region Intermunicipal Water Association. He visited communities in Loures, Cova da Moura, Amadora, Vidigueira, Cabeceiras de Basto and Celorico de Basto and talked to residents. 3. The Special Rapporteur expresses his appreciation to the Government of Portugal for its cooperation before, during and after the visit. He thanks all those who took the time to meet with him and to help him better understand the situation regarding access to drinking water and sanitation in the country. II. Overview 4. In 1986, Portugal joined the European Economic Community, which was incorporated into the European Union in 1993. Thereafter, Portugal experienced an increase in economic growth. However, since 2007 Portugal has faced an unprecedented economic crisis. As a result, in April 2011, Portugal requested financial assistance and subsequently, an economic adjustment programme was adopted in May 2011 between Portugal and the European Commission, the European Central Bank and the International Monetary Fund (the troika). The memorandum of understanding and the loan agreement covering the period from 2011 to 2014 were signed thereafter. In June 2014, Portugal exited its threeyear economic adjustment programme and is currently under post-programme surveillance until at least 75 per cent of the financial assistance received has been repaid. Among the conditions attached to the loan of €78 billion received by Portugal were a series of austerity measures, which have reportedly resulted in lower social protection and consequently in increased poverty. Social and human rights impact assessments were not conducted prior to the adoption of austerity measures (see A/HRC/34/51/Add.2, paras. 5-10). The memorandum of understanding does not include human rights principles and standards. 5. In general, reforms leading to greater private sector involvement have been imposed by the troika through loan or aid conditionality, debt reprogramming or loan forgiveness, without the proper protection for people living in vulnerable situations. In Portugal, while the memorandum of understanding did not explicitly impose the privatization of water services, it does mention the explicit will of the Government to “accelerate its privatization programme”.1 The Special Rapporteur notes that the economic environment resulting from the reform has also encouraged the national agencies to implement a more rigorous policy of full cost recovery in the water and sanitation sector in Portugal, potentially jeopardizing affordable access to water and sanitation services by the most disadvantaged populations. 1 See memorandum of understanding, para. 3.31. Available from http://ec.europa.eu/economy_finance/eu_borrower/mou/2011-05-18-mou-portugal_en.pdf. 3