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Development cooperation in the water and sanitation sector 2016, para. 20
- Paragraph text
- Nevertheless, the overall global increase in funding to the sector masks significant annual variations in disbursed funds and funding modalities. Regarding funding commitments, for the 2010-2012 period, 41 per cent of aid commitments were grants and 59 per cent were concessional loans. In addition, critical reviews of development cooperation flows indicate that the available data on those flows may be fragmented at best. That could be due in part to a lack of collaboration between funders to provide consolidated, reliable, accurate and disaggregated data. Regarding disaggregation, the majority of development projects registered in the relevant database of the Organization for Economic Cooperation and Development (OECD), accounting for more than half of the amount of funds dedicated to the sector, do not clearly indicate, for example, whether rural or urban areas have been targeted. Considering the markedly lower levels of access to adequate water and sanitation services in rural areas compared with urban areas, that information gap indicates a need for improved reporting by Member States. Another noteworthy source of data inaccuracy is the non-inclusion of important interventions in informal settlements because those are considered to be part of so-called "slum/squatter upgrading".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 85
- Paragraph text
- For households that receive water and sanitation through utilities, data is available through the International Benchmarking Network for Water and Sanitation Utilities, which includes data on water tariffs charged by a significant number of utilities. Beyond such existing initiatives, a review of potential indicators demonstrates the complexity of monitoring affordability. Determining and monitoring the costs of non-networked supply and including them into measures of affordability is particularly challenging, but essential from the perspective of human rights. Focusing solely on utility tariffs bears the risk of severely underestimating expenses and would paint an overly positive picture of affordability that only captures the better-off, while neglecting the very real challenges that the most disadvantaged people and communities face in accessing water and sanitation. This review shows that monitoring affordability in its complexity (including water, sanitation and hygiene access expenditure) is feasible, but would require a combination and analysis of data from different sources. The Special Rapporteur encourages States and international organizations to explore these options further to ensure more comprehensive monitoring of the affordability of access to services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 9
- Paragraph text
- Private sector participation is commonly used to refer to a broad spectrum of contractual arrangements between governments and the private sector that involve private companies in varying degrees in the provision of water and sanitation services. They differ according to the ownership of assets, the responsibility for capital investments, the allocation of risks, the responsibility for operations and maintenance, and the typical contract duration. For instance, while the model of concessions confers the management, risk and responsibility for investment on the private sector, private sector participation can also be limited to contracting out some aspects of management or service provision. In many cases, the system cannot be designated as exclusively public or private but instead takes on a hybrid nature, also in the form of joint ventures. The oft-used term "privatization" obscures the fact that full-scale privatization, that is, divestiture including the transfer of assets, is a rare exception rather than the norm. To avoid imprecision and confusion, the independent expert will not use the term, but will rather mention private sector participation when referring specifically to the private sector.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 52
- Paragraph text
- While affordability provisions in water and sanitation laws are quite common, the challenge is to translate general provisions into concrete affordability standards (see A/HRC/30/39, para. 26). The Global Analysis and Assessment of Sanitation and Drinking Water 2016-2017 country survey indicates that 68 per cent of respondent countries have a regulatory authority that is responsible for setting urban tariffs for either drinking water or sanitation or both. To ensure the affordability of services, regulatory frameworks must capture the specific needs of the several groups that live in vulnerable situations and offer differentiated solutions for the two main expenses incurred by users: the one-off connection fees that contribute to capital construction costs, and the cost of the recurrent charges (tariffs for operation, maintenance, capital assets renewal, and any financing costs of capital for new fixed assets). To this end, regulatory actors must promote the use of appropriate measures, including free or low-cost service provision for households with very low or no income, income supplements, social tariffs and targeted subsidies. It is essential that financial sustainability does not become the priority of tariff-setting, to the detriment of affordability, but that both elements are reconciled. Similarly, it is essential that investment in the extension of distribution networks to low-income unserved areas is not delayed in an attempt to minimize the affordability challenge.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 76
- Paragraph text
- Ensuring the affordability of water and sanitation services requires an effective legal and policy framework, which includes a strong regulatory system. The International Water Association Lisbon Charter recognizes the importance of regulation, recommending that regulators "supervise tariff schemes to ensure they are fair, sustainable and fit for purpose; promoting efficiency and affordability".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 66
- Paragraph text
- Increasing block tariffs is a common model for differential pricing in which differing quantities of water (or sewage) are charged at different rates. The first "block" may be set at a "lifeline" tariff - a sufficient quantity for the average household - at a low rate, generally below the cost of providing the service. Once this first "block" has been used, there is an increase in price so that households using water beyond their basic domestic and personal needs will pay comparatively more.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 56
- Paragraph text
- In different contexts, different mechanisms have been used with the aim of targeting financial support at those individuals and groups who rely on it to ensure the affordability of services. Subsidies could apply to low-income households, to areas populated predominantly by low-income communities, or to small-scale services likely to be used by those living in poverty or on a low-income.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 54i
- Paragraph text
- [Where States adopt targeted measures, this also poses challenges. In practice, unfortunately, such measures often fail to reach the target population for a variety of reasons, including:] In many instances, subsidies for water are targeted towards commercial or industrial users. Where such subsidies benefit users that do not actually rely on them for their livelihoods, they should be eliminated or reduced to free up resources for the benefit of the population in need.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 54b
- Paragraph text
- [Where States adopt targeted measures, this also poses challenges. In practice, unfortunately, such measures often fail to reach the target population for a variety of reasons, including:] There is excessive paperwork or a requirement for specific pieces of documentation that low-income or marginalized people may not have;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 47
- Paragraph text
- In such instances, as in other contexts of self-supply, the human rights framework stresses that States have an obligation to support people in the realization of their human right to water and sanitation, where needed with financial assistance. States may not absolve themselves of their human rights obligations by relegating responsibilities to communities. What must be ensured is that sanitation and water services are affordable to even the most disadvantaged member of a community.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 40
- Paragraph text
- In the majority of developing countries, piped water and sewerage systems are accessible only to a minority of those living in urban areas - and to very few of those living in rural areas. Focusing public finance on networked provision thus disproportionately benefits comparatively better-off households, unless specific action is taken to extend networked provision to all residents.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 90
- Paragraph text
- In many instances investments in improved levels of service, such as piped water and sewerage, have only reached the relatively well-off. Some States may not have sufficient resources to build the necessary infrastructure at a scale that would ensure universal access. However, in some cases, the extension of piped systems to city-wide coverage can be achieved over time with appropriate legislation, planning and financial management.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 40
- Paragraph text
- Utilities, as the first category considered, may be managed poorly or well, but they will generally have a formal structure and will be required to meet particular standards in service provision. There will generally be State-mandated or independent oversight of a utility's activities, whether or not this is effective. This includes regulatory bodies, which may set standards and targets and monitor issues such as quality and tariff-setting.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 43
- Paragraph text
- Austerity measures are often accompanied by calls for increased private sector participation, including in the water and sanitation sectors, as a means for governments to raise revenue. The Special Rapporteur has previously outlined key challenges from a human rights perspective relating to private water and sanitation service provision (see A/HRC/15/31).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 50
- Paragraph text
- Looking at households, some countries make it mandatory to connect to sewage lines, where they are available (see A/HRC/21/42/Add.2, para. 18). In countries with extensive sewerage networks, this may be a feasible measure, but it requires ensuring that connections are affordable even for people living in poverty, for instance, through the targeted use of subsidies. Often, challenges remain in that regard.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 58
- Paragraph text
- To gain a complete and reliable understanding of available financing, budget projections need to include anticipated revenue received from water tariffs and other charges for water and sanitation services. If revenue from tariffs does not cover all related costs, funds will need to come out of the general budgets at the national, subnational and/or local levels. General revenue is relevant both for capital investments and for subsidies that are not contained within the tariff system.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 56
- Paragraph text
- Tariffs make up an important component in financing water and sanitation services. However, other individual contributions must also be considered. As far as piped water and sewerage systems are concerned, connection fees are common, and when relying on other forms of sanitation, such as pit latrines, the hardware as well as operation and maintenance such as pit-emptying and disposal of faecal sludge are commonly paid for by the users.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 36
- Paragraph text
- Private sector financing mainly comes into play to cover gaps in service resulting from a lack of government support. Water vendors, for instance, play a significant, albeit frequently informal, role in unserved communities. In the case of sanitation, private actors are involved in the construction, management or maintenance of individual or public latrines as well as in selling soap and other cleaning products. More generally, the private sector may be involved in bridging financing gaps, offsetting some of the costs associated with the provision of water and sanitation services. Financing by the formal private sector, however, is generally provided on the understanding that such funds will be recouped, which can be a disincentive to delivering services to low-income settlements. Similarly, non governmental organizations can play an important role, but their contribution in terms of overall financing remains minimal. The Special Rapporteur has addressed in detail the role of the private sector in supporting the realization of the rights to water and sanitation (see A/HRC/15/31), reiterating that human rights law is neutral with respect to economic models and that States are the primary duty bearers and, as such, are responsible for the effective contracting and regulation of private actors.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 36
- Paragraph text
- When deciding to delegate service provision, and once that fundamental decision has been taken, the subsequent process of tendering, bidding and contract negotiation also must be transparent. The terms of reference and the final contract should be made available for public scrutiny and commenting. Commercial confidentiality must not jeopardize the transparency requirements provided for under the human rights framework. Both the tender and the bids must be based on accurate information, taking into account all existing relevant facts. This precludes strategic underbidding. Some have asserted that companies have purposely quoted bids less than the actual amount required to implement the contract, with the intention of renegotiating the contract for a higher price once the bid has been won. Renegotiations are not generally a problem from a human rights perspective: changes in circumstances and data availability may require that the contract be adapted or amended and renegotiations may also be necessary to adapt contracts to human rights requirements. However, when renegotiations are the result of strategic underbidding and companies secure more favourable terms in the ensuing bilateral negotiations, such as increases in tariffs as well as delays and decreases in investment obligations, this is contrary to the exercise of due diligence.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 77
- Paragraph text
- Once a tariff system that meets affordability standards has been developed, the body responsible for regulating service providers should be able to ensure both that the tariff system is correctly applied, and that it is having the desired impact on affordability levels for all users. Likewise, a regulatory body, in collaboration with the relevant government department, can ensure that public financing is adequately targeted. Complaints mechanisms, put into place by service providers or regulators, can support these processes.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 68
- Paragraph text
- One problem with this system is that often poorer households have more household members or share their connection with other households, and will therefore reach the maximum quantity for the "lifeline" tariff, and be forced to pay a higher rate, as is the case in Jordan (see Special Rapporteur's report, mission to Jordan (A/HRC/27/55/Add.2), para. 24). In Portugal, the regulator has therefore proposed that municipalities and providers ensure a particular tariff for people living in larger households, as has Los Angeles.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 63
- Paragraph text
- Flat rates are commonly used where meters are not installed, where a charge based on a certain volume of water used or sewage discharged would be impossible to implement. Some countries use property taxes as the basis for charging unrelated to consumption. Differentiated flat rates could be used that rise or fall depending on such criteria as household size, income and property value, among others, with care taken that marginalized and vulnerable individuals and groups are not being charged an unaffordable rate.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 31
- Paragraph text
- In many developing countries, there are insufficient numbers of people who are well-off to provide a cross-subsidy. In these situations, full cost recovery only through tariffs will not be a feasible option. Public finance may be needed in such instances to ensure affordability for all households. To make such financing available and achieve affordability for all, as a first step States should make better use of budgets already allocated for water and sanitation, specifically to reduce inequalities in access to services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 48
- Paragraph text
- A particular concern relates to private sector participation and withdrawal of State regulation, oversight and provision in times of austerity. The Portuguese auditing institution found that private-public partnerships - by not sharing risks and benefits equally - benefit largely the private sector, that they are detrimental to the people and that services are often of lower quality while higher prices are charged. The Special Rapporteur has raised related concerns in a series of communications.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 32
- Paragraph text
- Independently of State obligations to protect vis-à-vis non-State actors, the latter also have human rights responsibilities and may be held accountable for failures. Under the United Nations Guiding Principles, businesses have a responsibility to respect human rights and to exercise due diligence to avoid any action which would result in human rights abuses in the scope of their operations, including their supply chain. If non-State actors abuse human rights, victims must be ensured access to justice.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 79
- Paragraph text
- A case in India concerning the renewal of a mining lease affirmed the right to participation. The court held that, even though the required information was not made available in time for the public hearing, the relevant authority was required to provide the reasons for the decision to renew the lease. It emphasized that the purpose of the legal requirements was to make public hearings meaningful, including full information on the advantages and disadvantages of the project and its likely impact.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 47
- Paragraph text
- Current funding patterns disproportionately target networked urban areas. Large systems in urban areas (e.g. wastewater treatment facilities and sewerage pipelines etc.) receive vastly larger sums than basic services in rural areas and deprived urban areas (e.g. latrines, boreholes and hand pumps). Currently, 62 per cent of all of the sectoral aid goes to developing large systems, while only 16 per cent goes to basic systems. This marks a near 10 per cent decline in funding basic services since 2003.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 68
- Paragraph text
- Similarly, formal sanitation service providers, whether urban or rural, typically do not report data to regulatory authorities. While a regulatory framework and standards for sewerage networks are generally available, they are not always effectively put in place and monitored. Sewerage systems often raise affordability concerns for the State, the service provider and the user and require careful monitoring. Connection charges may prevent poorer households from making use of this service, unless appropriate regulation is in place to ensure affordability.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 33
- Paragraph text
- A number of human rights challenges arise when regulating service provision by contract, particularly when non-State actors are involved. Such challenges include guaranteeing transparent and democratic decision-making, addressing power asymmetries in the bidding and negotiation process, ensuring affordable services, avoiding disconnections in cases of inability to pay, ensuring monitoring and accountability, and addressing corruption. It is also important that contracts, which are normally valid for decades, can be reviewed and adapted over time.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 28
- Paragraph text
- The role of regulation and monitoring becomes particularly challenging in rural areas and in densely populated informal settlements in urban areas, where large proportions of the population are not served by a piped network and rely on informal small-scale providers, which often operate unregulated and as a result provide poor-quality services at high prices. Given the informal nature of the provision, and the lack of regulation and monitoring, users of such services do not have a complaint mechanism that they can avail themselves of when services are inadequate or unaffordable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph