In November 2023, the latest results of the research project “ Description of Aquatic Environments in the Northern Zone of Los Glaciares National Park.” evidenced the development of multi-resistant bacteria to antibiotics in the waters of the protected area. In a context of complaints about spills and the lack of response to 80 public information requests, 20 people from the community initiated a collective environmental lawsuit with the objective of obtaining the cease and desist of the environmental damage.
The ruling process took place between November 2023 and September 2024. Within this framework, the judges of the Federal Court of Río Gallegos and the Federal Chamber of Comodoro analyzed the set of evidence to characterize the current state of El Chaltén's water treatment plant. The legal process involved (1) the analysis of the extent of the environmental damage and (2) the identification of the person legally responsible for the contamination. The lawsuit revealed several regulatory gaps in relation to the applicable regulation within the National Park and UNESCO site. In this context, the judges developed arguments under the paradigms of ecocentrism and environmental public order to guarantee maximum legal protection of waters of global importance.
In July 2024, the Federal Court of Río Gallegos ruled in favor of the environment. The ruling, in addition to requiring the remediation of the contamination, provides the necessary grounds for the development of participatory inter-institutional working groups. The principles of cooperation and transparency necessary for the management of the waters of the basin are reaffirmed, creating a space of possibilities for greater participation and coordination among actors in charge of protecting the health of people and the environment.
To learn more about the arguments and paradigms developed, you can consult the “Synthesis of the collective environmental protection of the Fitz Roy and Vueltas Rivers” available in the shared library of Boana's website (section “PUBLICATIONS”). Only available in Spanish.
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