Eighteen years ago, the Supreme Court issued the historic Mendoza ruling, obligating the national government, the Province, and the City of Buenos Aires to address the severe socio-environmental situation of the Matanza-Riachuelo basin. The goal was to ensure access to water, sanitation, and public health for more than 4 million people.
However, at the end of 2024, the Court closed the case despite most goals remaining unmet. The ACUMAR remains active but without sufficient institutional or budgetary support.
Budget Cuts
In 2024, the funds for sanitation and infrastructure fell by a real 76.6% due to under-execution, and the national budget for the Mendoza case was reduced by 69%. This translates into:
- Paralyzed works.
- Lack of environmental controls.
- Residents exposed to contaminants in water, soil, and air.
The consequences are severe: respiratory diseases, lead and arsenic poisoning, and gastrointestinal illnesses, especially in children and adolescents.
Privatization of AySA
In this context, the national government is pushing for the privatization of AySA, a key company in the basin’s sanitation and the development of the Riachuelo System, one of the most important infrastructure projects of recent decades.
Organizations such as FARN, Foro Hídrico de Lanús, ACDH, Fundación Ambiente y Medio, Espacio Oikos, and the Asociación Argentina de Abogados/as Ambientalistas have filed a collective injunction to stop the privatization.
Risks of Privatization
- The continuity of essential investments to expand access to drinking water and sewage networks is at risk.
- Financial profitability is prioritized over basic rights.
- The government intends to sell 90% of the shares without a comprehensive evaluation of environmental and social impacts.
- No public audit was conducted on pending works, environmental liabilities, or future needs.
- No public hearing was called, violating the Escazú Agreement.
Water: Human Right, Not Commodity
The discussion goes beyond the management of a company: it is about deciding whether water will be conceived as a commodity or as an indispensable common good for health and dignity. Access to drinking water cannot be subject to profitability criteria.
Fundamental Reasons for Sanitation
- Health and Quality of Life: historical contamination with heavy metals and waste directly affects residents, causing serious diseases.
- Ecosystem Recovery: the river suffers from lack of oxygen and accumulation of toxic sediments. Cleaning its waters allows for the restoration of flora and fauna and the recovery of recreational uses.
- Sustainable Urban Development: the basin concentrates significant industrial activity. Technological conversion and the eradication of dumps are essential for clean production.
- Legal Compliance: the Mendoza ruling obligates the State to implement comprehensive public policies through ACUMAR.
The privatization of AySA and the defunding of ACUMAR jeopardize the future of the Matanza-Riachuelo basin and the health of millions of inhabitants.
Eighteen years after the Mendoza ruling, the question remains: will water be treated as a commodity or as a fundamental human right?
