Recognizing the Right to Water in Argentina

1. Recognizing the Right to Water in Argentina Centro de Estudios Ambientales (CEDEA) Maria Onestini Presentation at Consultation on Good Practices by UN Independent Expert on Access to Safe Drinking Water and Sanitation, Geneva 13-14 Sept. 2010

2. Water Access • About 20 per cent of the total population still lacking water access with home connections

3. Drinking Water Quality • No comprehensive data • Several sectoral studies indicate this is a problematic area • For example, about 10 percent of the population consume water with high levels of arsenic

4. Recognizing Right to Water in Argentina • Argentina has a tradition of sustaining that social and economic rights are actionable • Justiciability in many areas • Rights based approach implemented in many instances (health, housing, and now water)

5. Recognizing Right to Water in Argentina • Argentina also has a proactive situation regarding international agreements • International law is incorporated directly into the domestic legal system • International human rights agreements part of the National Constitution since the 1994 reform • Including social, economic and cultural rights

6. Recognizing Right to Water in Argentina Recognition of the right to water in Argentina originates in several legal instruments National Constitution • Explicit recognition of the right to a healthy environment in Article 41, after 1994 reform, expresses overtly a “right to a healthy, balanced environment, apt for human development”

7. Recognizing Right to Water in Argentina Recognition of the right to water in Argentina originates in several legal instruments National Constitution • Article 14Bis, of the 1950s reform, indicates the right of access to “dignified housing” which, following right to housing international criteria, includes adequate services, among them water

8. Recognizing Right to Water in Argentina: Cases • Comunidad Paynemil (Neuquén Province, Patagonia Region) • Valentina Norte Colony (Neuquén Province, Patagonia Region) • City of Buenos Aires

9. Recognizing Right to Water in Argentina: Cases • Comunidad Paynemil / Valentina Norte Colony Cases • On behalf of children from indigenous communities presented (and won) two cases where right to water was claimed • Conflict with large scale oil extraction contaminated water sources • Claim arrived to Provincial Supreme Court

10. Recognizing Right to Water in Argentina: Cases • Comunidad Paynemil / Valentina Norte Colony Cases Court Ordered: • Minimum requirement of water supply through remedial temporary action • Courts implementation of steps to prevent water contamination • To determine health impact related to the existence of heavy metals in drinking water • Treatment for cases where contamination – health problems linkage was proven

11. Recognizing Right to Water in Argentina: Cases • Comunidad Paynemil / Valentina Norte Colony Cases Execution Mixed • Temporary provision of safe drinking water has been met • Construction of a potabilization plant has began • Some treatment of pollution-derived illnesses was committed to, but not thoroughly occurred • No satisfactory corrective over arching steps to prevent water contamination from petroleum exploitation has taken place

12. Recognizing Right to Water in Argentina: Cases • Children’s public defender invoked (in addition to national and local norms) the Convention on the Rights of the Child in these cases

13. Recognizing Right to Water in Argentina • Convention on the Rights of the Child • Art. 24: States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: . . . ( c ) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and cleandrinking-water, taking into consideration the dangers and risks of environmental pollution;

14. Recognizing Right to Water in Argentina: Cases • City of Buenos Aires • Albeit City of Buenos Aires is very well provided with urban infrastructure, including water, pockets remain pockets with little or no adequate provision of safe water

15. Recognizing Right to Water in Argentina: Cases • City of Buenos Aires • Several cases have highlighted these inequities and sought redress in these areas (for example, Asociación Civil por la Igualdad y la Justicia contra el Gobierno de la Ciudad de Buenos Aires Sobre Amparo, Exp 20898, Buenos Aires 2007)

16. Recognizing Right to Water in Argentina: Cases • City of Buenos Aires • A court sentenced that the Government of the City of Buenos Aires must provide water in a continuous manner to hundreds of families in the poorest neighborhoods

17. Recognizing Right to Water in Argentina: Cases • City of Buenos Aires • Furthermore, in another case, a court sentenced that the City has to implement sanitation infrastructure in this same poor neighborhood

18. Recognizing Right to Water in Argentina • Conclusions • Although water – related problems and access to safe drinking water still are crucial in Argentina, the cases here highlighted show that:

19. Recognizing Right to Water in Argentina • Conclusions • Recognition of rights framework in policy tools at national and local levels, and using international obligations, can help in moving forward the right to water claim and exercise by local communities, furthering accountability

20. Recognizing Right to Water in Argentina • Conclusions • These tools, when used, can move forward the exercise of these rights and be examples of the right to water in order to be implemented in a broader scale

21. rponesti@criba.edu.ar www.cedea.org.ar

22. Recognizing Right to Water in Argentina • Conclusions • Although water – related problems and access to safe drinking water still remains a crucial problem in Argentina, the cases here highlighted show that: • A rights framework can successfully be applied to social, economic and cultural rights, including all rights related to the access to water, to a healthy environment and to development.