The VUDAS fight crosses borders: the IACHR analyzes the case for human rights violations in Córdoba

Fundeps, together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The goal is for this international body to assess the responsibility of the Argentine State regarding the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the city of Córdoba. Recently, the IACHR notified that the petition is in the “admissibility” stage, and the Argentine State must submit relevant information before July 25.

In April 2024, the Foundation for the Development of Sustainable Policies (Fundeps), together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The purpose of the petition is for the IACHR to become aware of the violation of fundamental rights resulting from the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the City of Córdoba, and to assess the responsibility of the Argentine State in this regard.

Over the course of these 13 years of struggle, VUDAS has filed numerous administrative complaints and legal actions at various levels of government, supported by solid independent studies that prove the serious damage caused to the environment and the health of families in the neighborhood. However, to this day, they have not received any solutions from local authorities. That is why we decided to bring their case before this international body.

Recently, we were notified that the petition has moved to a new stage in the process: the admissibility stage. This means that the IACHR considers the petition to meet the formal requirements and is ready to be analyzed in depth. To that end, it has requested information from the Argentine State, which must respond within four months of the request being sent—by July 25. Reaching this stage is of great importance, as only a small number of the thousands of petitions the IACHR receives annually make it this far.

In the petition, we request that the competent authorities be required to:

• Adopt the necessary measures to stop the pollution caused by Porta Hnos. S.A.

• Order the immediate relocation of the plant located at Avda. Valparaiso 4850, City of Córdoba, outside the urban area of the city, in compliance with current environmental legislation.

• Take all necessary measures to identify and remediate the environmental damage caused by the plant’s operations.

• Provide free medical and psychological assistance to those affected by the environmental pollution.

• Order the creation of a Community Development Fund to be financed by the company.

All of this is within the framework of the serious pollution caused by the company’s operations, which affects the community’s rights to health, a healthy environment, a dignified life, and citizen participation, among others, for those living near the bioethanol plant.

A company that breaks the law with state backing

Over all these years, the company has failed to comply with the Environmental Impact Assessment procedure, despite it being a mandatory legal requirement for this type of industry and having been ordered by at least four court rulings at different levels. Even more serious is the fact that this noncompliance is not only due to the company’s refusal, but also because the Ministry of Environment and Circular Economy itself has refused to require the company to carry out the assessment.

In this context of state absence and neglect, progress in this international instance represents an opportunity to seek justice for all the environmental and social harm caused by the company. It also represents a renewed push in the sustained struggle of VUDAS, supported by Fundeps, which motivates us to continue forward with the same commitment to access to justice and environmental democracy. As well as for a more just, equitable, and sustainable society, based on public policies that guarantee the human rights of all people.

Author:

Ananda Lavayen

Contact:

Laura Carrizo, lauracarrizo@fundeps.org