Mexican Community Presses Provider for Water Access

When UUSC partner the Habitat International Coalition, America Latina (HIC-AL) decided to work with residents of Extension Tres de Mayo, located in Alpuyeca, Mexico, to defend their right to safe and sufficient water, they knew they would face challenges. First, no court in Mexico had heard a case about the human right to water before. Second, they knew the water provider, Sistema de Agua Potable y Saneamiento de Xoxhitepec, might delay the case by not cooperating in court. However, they did not expect the water provider would try to sway the complainants. "They are not defending the case," said Maria Silvia, HIC-AL's legal officer. "Instead, they are doing things in the community that will affect the trial."

Made up of approximately 100 families, the majority of which are low-income, Extension Tres de Mayo was cut off from a water network that brought water to other communities in Alpuyeca. Residents have no choice but to rely on bottled water for cooking and drinking. As a result, they spend a significant percentage of their income on water. To save money, many of them use water from the highly contaminated Colotepec River for other domestic needs such as laundry and bathing. Meanwhile, residents of Sante Fe, a community located just a few miles from Extension Tres de Mayo, enjoy affordable water from the provider — water that also fills their swimming pools and maintains their golf courses. 

Working with members of the community and volunteer lawyers, HIC-AL, with UUSC's support, initiated three cases on behalf of three women from the community. In their applications, the complainants request the court to rule that they have a right to water, which means that the municipality has a duty to put them on the water network and ensure they have access to sufficient water just like their next-door neighbors in Sante Fe. They want Mexico to honor its international obligation to respect, protect, and fulfill their right to water. HIC-AL brought a similarly worded petition before the Human Rights Commission of Morelos. Last December, one of the petitions (called an amparo) made history, becoming the first petition on the human right to water to be heard in a Mexican court.

However, rather than present a diligent defense against the complaints, the water provider took its battle to the community. Following the acceptance of the amparo, they installed a water line in Extension Tres de Mayo that brings water only three hours a month. In addition, they offered the three complainants a discount to connect the water line to their homes. Meanwhile, they did not make this offer to other members of the community. The complainants declined the offer. "If they make the connection, they will lose their right to pursue the case to conclusion, and then there will be nothing else to talk about," said Silvia.

Undaunted, the water provider wanted to preempt the recommendation of the Human Rights Commission of Morelos to the government about the situation in Extension Tres de Mayo. In a document presented to the commission five days before a proposed site visit by the commission to the community, the water provider informed the commission that a water line has been installed for the community. The complainants and the community met this with stiff resistance, insisting that the commission issue a recommendation in line with the human right to water. "We still do not have water," they informed the representative of the commission. "A water line that brings water three hours a month is not what we asked for."  

In spite of these challenges, HIC-AL and the complainants are optimistic about the cases and are happy about the successes they have had. "We think it's really important that our amparo was accepted and that we now have a water line," Silvia said. "We have no doubt that the case has been instrumental to the authority's decision to bring a line. However, having waited for more than 10 years, we must pursue our ultimate goal, which is for the community to enjoy sufficient water of good quality."