Complaint filed with the IACHD alleging failure to comply with court decision ordering the State to supply with drinking water a population exposed to water contaminated with lead and mercury, as well as to ascertain damages and provide necessary medical treatment. Violation of right to effective judicial protection.
The Argentine State failed to comply with the agreement. Although the IACHR conducted a visit to the country in August 2001, met with the parties and held two additional work meetings (October 2001 and August 2003), there has been no major progress so far. The State continues to argue that the case should not have been accepted for consideration by the IACHR. (See under Secondary Literature: Carlos Falaschi O. and Nara Osés, “CIDH: La causa N° 12.010. Comunidades Mapuche Paynemil y Kaxipayiñ, Neuquén, Argentina”).
This case shows the key importance of having access to an international protection mechanism when national authorities fully ignore the fundamental rights of vulnerable sectors such as indigenous children. Although so far no significant progress has been made, international scrutiny poses additional pressure upon the State to comply with domestic court orders.
Petitioners: Paynemil and Kaxipayiñ Mapuche communities, represented by Nara E. Osés, Neuquén Province’s Official Defender of Children’s and Adolescents’ Rights (email: naradef@infovia.com.ar).