Human Rights


Indigenous and Riverbank Communities Call on the Inter-American Commission on Human Rights to Suspend the Massive Belo Monte Dam in the Brazilian Amazon

FOR IMMEDIATE RELEASE November 11, 2010 Media Contacts:   Astrid Puentes, AIDA - +1 510 984 4610, [email protected] Andressa Caldas, Justiça Global: +55 21 2544 2320 / 21 8187 0794, [email protected] Renata Pinheiro, Xingu Alive Forever Movement: + 55 93 9172 9776, [email protected] Christian Poirier, Amazon Watch: +1 510-666-7565, [email protected]   As the government prepares to issue the dam’s construction license, communities urge the Commission to denounce illegalities in licensing and violations of human rights   Washington, D.C., Brazil- Today international and Brazilian human rights and environmental organizations submitted a formal petition to the Inter-American Commission on Human Rights (IACHR), denouncing grave and imminent violations upon the rights of indigenous and riverine communities that will be affected by the construction of Belo Monte Dam Complex on the Xingu River in the Brazilian Amazon. Signed by the Xingu Alive Forever Movement as well as the representatives of affected communities – the Conselho Indigenista Missionário (CIMI), Coordenação das Organizações Indígenas da Amazônia Brasileira (COIAB), Prelazia do Xingu, Sociedade Paraense de Direitos Humanos (SDDH), Justiça Global, and the Interamerican Association for Environmental Defense (AIDA) – with the support of over twenty organizations and social movements, the petition urgently calls on the Commission to adopt “precautionary measures” that would compel the Brazilian government to halt plans to build the dam, slated to be world’s 3rd largest.   The petition documents the Brazilian government’s violation of international treaties, ignoring the fundamental rights of indigenous peoples from the lower Xingu Basin, including the Arroz Cru, Arara da Volta Grande, Juruna do Km 17 and Ramal pas Penas communities. It also highlights major threats posed by the Belo Monte Dam, including forced displacement of communities without insuring their free, prior and informed consent, threats to food security and access to drinking water.   “The government claims that the Juruna will not be affected, but we do not believe this. We have not been consulted and we do not want the government to speak for us,” said Sheyla Juruna, member of a Juruna indigenous community that will be affected by Belo Monte. “We are against the Belo Monte Dam and we are committed to fight with our bodies and souls to defend our lives and the life of our river.”   The IACHR petition comes on the same week as prosecutors from Brazil’s Federal Public Ministry (MPF) sent a document to Brazil’s environmental agency IBAMA advising that the agency not issue an installation license until the dam-building consortium Norte Energia can comply with an obligatory set of social and environmental conditions. Norte Energia and the Brazilian government have been pushing IBAMA to issue a “partial” installation license, which would allow the project to break ground without complying with legally binding conditions on the dam’s provisional license.   Based on assessments from government agencies – like IBAMA [Brazil’s environmental agency] and the Federal Public Ministry – and those from groups of specialists, the organizations affirm that the construction of Belo Monte will increase illness and poverty, while causing a surge of disorderly migration to the region that will overload health, education, and public safety infrastructure. The petition concludes: "Despite the gravity and irreversibility of the impacts of the project to local communities, there were no appropriate measures taken to ensure the protection of human rights and the environment."   “It worries us how the Brazilian government is ignoring national and international standards to accelerate this project, even at the expense of human rights and the environment,” affirmed Astrid Puentes Riaño, the co-Director of the Interamerican Association for Environmental Defense (AIDA). “Moving forward without taking precautions required by international norms will only result in human rights violations and the irreversible destruction of a critically important region of the Amazon.”   In addition to calling attention to the illegalities and human rights violations associated with the Belo Monte Dam, the petition cites an important precedent, pointing out that in 2009 the IACHR implemented similar precautionary measures, leading to the suspension of the Chan-75 hydroelectric dam in Panama due to possible violations of indigenous communities’ rights.   ###   For more information on the Belo Monte Dam, visit: http://xingu-vivo.blogspot.com http://www.aida-americas.org http://www.internationalrivers.org http://amazonwatch.org /    

Read more

Human Rights, Indigenous Rights

CEMDA and AIDA Present Report to Inter-American Court of Human Rights: Environmental Advocates Are Key to Protecting Human Rights and Are At-Risk in Mexico

FOR IMMEDIATE RELEASE: Sept. 15, 2010   CONTACTS: Juan Carlos Arjona Estévez, CEMDA (Mexico) +52-55-5286-332, [email protected], Skype: juancarlosarjonaestevez Jacob Kopas, AIDA, (Bogota) +57-1-338-1277, [email protected], Skype: jacobkopas     Mexico City, Mexico – On September 10, 2010, the Centro Mexicano de Derecho Ambiental (CEMDA) and the Interamerican Association for Environmental Defense (AIDA) presented information about the important work of environmental advocates in protecting human rights, and about the trend of increasing attacks against such advocates in Mexico. In a "friend of the court" brief submitted to the Inter-American Court of Human Rights in the case of Cabrera Garcia and Montiel Flores v. Mexico, the two organizations demonstrated how attacks against Teodoro Cabrera and Montiel Flores relating to their work as environmental advocates impedes effective environmental protection.   "In Mexico, it is still very difficult to protect the right to a healthy environment due to the lack of, or in some cases, the ineffectiveness of judicial protections," emphasized Juan Carlos Arjona Estevez, coordinator of CEMDA’s Human Rights and Environment Program. "This makes the pattern of aggressions against environmental advocates even more troubling—it affects the rights of everyone in Mexico."   In 1998, Mr. Cabrera and Mr. Montiel founded the Organization of Peasant Ecologists of the Sierra de Petatlán and Coyuca de Catalán (OCESP), to protect the forests in Guerrero state from uncontrolled and illegal timber extraction. A year later, they were victims of arbitrary detentions and torture due to their work as environmental advocates. Despite being released in 2001, they had to leave their community because of continued threats. Nine years after their release, the Inter-American Court heard Montiel and Cabrera’s claims against Mexican authorities for failing to compensate them for harms or to guarantee their personal safety.   The ineffectiveness of the legal system for protecting the environment in Mexico led Mr. Cabrera and Mr. Montiel to found their organization, OCESP. However, the threats and harassments they suffered, and the lack of response from authorities, created a generalized fear that prevented them and others from defending their community’s right to a healthy environment. Later, this pattern grew to include attacks against environmental advocates throughout Mexico. This situation forced Mr. Cabrera and Mr. Montiel to limit their work as environmental advocates and curtail the work of OCESP.   Jacob Kopas, a lawyer with AIDA considers that "This case is emblematic for the region, and highlights the need for governments to recognize the value and importance of the work done by environmental advocates, and to also guarantee protection for their rights."   "With this report, we are seeking to help strengthen protection of the right to a healthy environment in Mexico and safeguard the people who defend this human right" said Samantha Namnum, director of CEMDA’s Mexico City office. "This is why we asked the Inter-American Court to recognize the important work of environmental defenders and to declare that Mexico, in addition to other human rights, also violated Mr. Cabrera and Mr. Montiel’s right to freedom of association as a result of the arbitrary detentions and tortures they suffered and the impunity surrounding those events."

Read more

AIDA Presents Report on Large Dams Before the Inter-American Development Bank (Spanish)

Para Publicación Inmediata: 19 de Marzo de 2010   Contacto: Astrid Puentes Riaño - AIDA, +(52-1-55) 23016639, [email protected]   Informe: Grandes Represas en América ¿Peor el remedio que la enfermedad?   AIDA PRESENTA DOCUMENTO ANTE EL BID El objetivo del documento es el de promover un mejor entendimiento de la situación, evidenciar la vinculación entre los graves impactos ambientales y la violación a los derechos humanos que las grandes represas pueden causar.   Cancún, México – La Asociación Interamericana para la Defensa del Ambiente, AIDA, presentará el informe: “Grandes Represas en América, ¿Peor el remedio que la enfermedad?” ante el Banco Interamericano de Desarrollo, BID. La presentación se hará en el marco de la Reunión Anual de Gobernadores del BID que se celebra en Cancún, hasta el 23 de marzo. En esta reunión, entre otros, el BID decidirá acerca de la recapitalización del Banco para promover mayores inversiones en el hemisferio.   “Esperamos que las futuras inversiones financiadas por el BID y otras Instituciones Financieras Internacionales tengan en cuenta este informe, así como los estándares internacionales para estos proyectos, incluyendo las recomendaciones de la Comisión Mundial de Represas” declaró Astrid Puentes, co-directora de AIDA. “Esto podría Así podrían evitar graves impactos ambientales y a los derechos humanos, y promover verdaderos proyectos de energía limpia”.   El objetivo del Informe es evidenciar la vinculación entre los graves impactos ambientales y la violación a los derechos humanos que las grandes represas pueden causar y motivar la implementación de proyectos de energía adecuados. Para ello, se analizan cinco estudios de caso de distintas regiones de América Latina: La Parota (México), Chan 75 (Centroamérica), Baba (región Andina), Río Madeira (Brasil) y Yacyretá (Cono Sur).    El informe preparado por AIDA en coordinación con International Rivers y con la cooperación de múltiples organizaciones no gubernamentales y de comunidades afectadas por las grandes represas en el hemisferio, se presentó también en noviembre pasado ante la Comisión Interamericana de Derechos Humanos (CIDH) en Washington. La CIDH celebró esta audiencia dada la importancia del tema para la adecuada protección de los derechos humanos en la región.   Entre los impactos más graves generados por las grandes represas, abordados en el Informe, se incluyen: el empeoramiento de la calidad y salubridad de las aguas tanto río arriba como río abajo por la modificación artificial de las cuencas hidrográficas; la degradación de ecosistemas acuáticos; los impactos a la biodiversidad; los impactos en el cambio climático por el aumento en la emisión de gases efecto invernadero dada la descomposición de materia orgánica inundada; el posible aumento de actividad sísmica; la destrucción de ecosistemas estratégicos; el desplazamiento forzado de comunidades típicamente en situación de vulnerabilidad, como las indígenas, campesinas y afrodescendientes, así como las mujeres y los niños y las niñas; la pérdida de fuentes de alimentación y de sustento; la falta de participación pública y acceso a la información; la falta de consulta y la obtención del consentimiento libre, previo e informado de comunidades afectadas; y criminalización de la protesta social hacia personas o comunidades que defienden sus derechos.   “Buscamos evitar estas consecuencias negativas y promover alternativas efectivas a las necesidades energéticas, para lograr un verdadero desarrollo sostenible”, puntualizó Jacob Kopas, abogado de AIDA y coautor del Informe.   Versión completa del informe y Resumen Ejecutivo   Para mayor información acerca de la situación de las grandes represas en América Latina visite: www.aida-americas.org www.internationalrivers.org www.redlar.org/

Read more

Human Rights

Environmental Defense Guide

The purpose of this publication is to promote the use of the Inter-American System of Human Rights for addressing environmental degradation that causes human rights violations. Within this guide we provide the legal strategies and arguments necessary to use the System effectively and properly. Our goal with this publication and our work in general, is to strengthen people’s capacity to defend their individual and collective right to a healthy environment through the proper development, implementation and fulfillment of domestic and international law. With the publication and widespread distribution of the English-language edition of the Guide, we hope to significantly advance this goal. Read and download the guide  

Read more

Inter-American Commission on Human Rights Examines Impacts of Large Dams in Latin America

Inter-American Commission on Human Rights Examines Impacts of Large Dams in Latin America Washington, D.C. - On November 2, 2009 the Inter-American Commission on Human Rights will hold a hearing on the impacts that large dams in Latin America have on human rights and the environment. Dam-affected peoples and non-governmental organizations (NGOs) will present information showing that Latin-American governments are building dams at great social, environmental and economic costs, often disregarding national and international laws and violating human rights. “More than a million people have already been affected by large dams in Latin America, many of whom are from indigenous and small farming communities,” said Rafael González, Board Member of the Interamerican Association for Environmental Defense (AIDA). “More than 300 new dams are being planned throughout the region, which could destroy the livelihoods of hundreds of thousands of people and harm precious ecosystems.” The over 40 national and international NGOs requesting this hearing will present findings from AIDA’s forthcoming publication, Large Dams in the Americas: Is the Cure Worse than the Disease?, to the IACHR documenting the poor track record of dam construction in the hemisphere. They will also encourage the Inter-American Commission to make recommendations to member States on how to avoid major environmental damages and human rights violations. “The granting of this hearing by the IACHR is a positive demonstration of their interest in examining the link between large dams and human rights violations,” said Astrid Puentes co-Director of AIDA. “We hope that the IACHR will begin an investigation and recommend that States strictly enforce international standards and human rights law, to avoid major environmental impacts and human rights tragedies.” The human rights impacts of large dams are numerous. Affected communities and stakeholders—mostly indigenous, fishing and farming communities—rarely have the opportunity to participate in decisions on dam developments, and frequently are subjected to intimidation, harassment and even military actions when they oppose projects. Families displaced by large dams often receive inadequate or no compensation. Equally troubling are poorly developed resettlement plans that do not account for lost livelihoods or lack of access to medical attention, fishing areas and farming land, leaving families worse off as a result. Large dams have also had profound environmental impacts. Enormous reservoirs inundate biodiverse wildlife habitats and fertile farmlands. Dams and river diversions also harm fish populations, and are the main cause for the extinction or endangerment of one-third of the world’s freshwater fish species. “We are not against development.” said Father Gabriel Espinoza, spokesperson for communities affected by the El Zapotillo dam in Mexico, and who will speak before the Inter-American Commission. “We understand that a country’s needs for energy and water should be met as a fundamental right of all peoples.” “But governments cannot proceed without consulting and providing information for local communities, according to national and international law. That would violate our fundamental freedoms and disrespect our lives, history, culture and livelihoods.” “There are often better, cheaper, and less-destructive alternatives to building a large dam, whether to meet energy or water needs, or to reduce the impacts from floods,” said Monti Aguirre of International Rivers. “Small-scale, decentralized water supplies and new renewable energy sources, as well as large-scale efficiency and conservation plans are only some of the options available. Unfortunately, governments and corporations frequently ignore these choices or dismiss them out-of-hand when a large dam project is on the table.” The World Commission on Dams, in its ground-breaking report on large dams, Dams and Development, recommends using a comprehensive, participatory process to evaluate needs for water and energy and to assess the full range of available options. The hearing is open to the public and will take place on November 2, 2009, from 5:30 to 6:15 p.m., Room Rubén Darío, 8th Floor of the OAS General Secretariat Building, 1889 F Street NW, Washington, D.C. Guidelines for press coverage of public hearings at http://www.cidh.org/Prensa/guidelinespresscoverageENGL.htm. Opportunities for interviews with presenters after the hearing. For more information on large dams in the Americas: International Rivers, Redlar

Read more

Large dams in the Americas: Is the cure worse than the disease?

Large dams consistently cause severe, and often irreversible, environmental and social damage. Their construction is also often associated with violations of international human rights and environmental laws. AIDA’s report Large Dams in the Americas: Is the Cure Worse than the Disease? explores these grave impacts and explains the existing international standards that should be applied to protect the environment and human rights. The report also exposes the dangers of using large hydroelectric dams to meet increasing energy demands in Latin America. To promote greater protection of human rights, AIDA gave testimony based on this dams report to the Inter-American Commission on Human Rights (IACHR) at a general hearing on November 2, 2009. AIDA has also shared the report’s findings with international experts, policymakers, non-governmental organizations, affected local communities, and international financial institutions such as the World Bank and the Inter-American Development Bank.   Furthermore, AIDA staff presented legal strategy workshops at "Rivers for Life 3", an international meeting of dam-affected communities in Temacapulín, Mexico, October 1-7, 2010. The previous month, AIDA staff represented Latin America on a panel of water experts at World Water Week in Stockholm. In Large Dams in the Americas, AIDA examines five large hydroelectric dams in violation of a range of environmental and human rights laws: Yacyretá in Argentina and Paraguay, Río Madeira in Bolivia and Brazil, Baba in Ecuador, Chan-75 in Panama, and La Parota in Mexico. Through these case studies, AIDA illustrates how governments generally disregard important international obligations and standards, such as the need to conduct proper environmental and social impact assessments.  In the report, we also explain the significant social and environmental impacts caused by large dams. We discuss how families suffer when they are displaced or forcefully evicted by dams and lose valuable farmland, water sources, or traditional fishing areas. We document how the people most harmed by large dams are those from vulnerable populations, including indigenous, afro-descendent and poor farming communities. We also describe how large dams typically harm the environment by flooding valuable ecosystems, dramatically altering natural flows of water, disrupting wildlife habitat, and obstructing the migratory paths of perse species, among other impacts.  In addition, Large Dams in the Americas dispels the myth that dams are a source of "green energy". Even though dams do not rely on fossil fuels to generate electricity, they still contribute to greenhouse gas emissions. Hydroelectric dams create enormous reservoirs of river water that submerge valleys and lead to the decomposition of vast amounts of organic matter. As the trees and other biomasses break down, they release carbon dioxide and methane, the same greenhouse gases that are created by "dirty" technologies like coal-fired electricity plants. Turbines also liberate methane trapped in deep water and emit carbon dioxide as they release pressure from the reservoir.  In tropical regions, dams can emit as much as eleven times the amount of greenhouse gases that a conventional power plant of equivalent size would emit. Given the negative impacts of large dams, AIDA's report recommends that policymakers seriously consider alternatives that protect human rights and our natural ecosystems, save energy, and reduce greenhouse gas emissions. Suggested alternatives include: improving energy efficiency, reducing demand, making better use of sustainable energy sources, investing in energy-efficient technologies and infrastructure, and removing barriers that hinder technology exchange between nations. AIDA wrote this report in collaboration with our participating organizations, CEMDA, CEDHA, ECOLEX and Earthjustice, as well as International Rivers, Sobrevivencia, and the Association for Conservation and Development (ACD). By educating governments, policymakers, communities, and other key players about large dams, we seek to encourage authorities to investigate the matter and apply our recommendations on how to implement dam projects in compliance with international laws.   Spanish-Language Report Available Here

Read more

Toxic Pollution, Human Rights

Inter-American Commission admits case on human rights violations in La Oroya

FOR IMMEDIATE RELEASE: August 19, 2009   IACHR Will Examine Case Against Peru for Violating the Human Rights of Residents of La Oroya, A City Extensively Contaminated by the Doe Run Peru Smelter ► According to the Inter-American Commission on Human Rights of the Organization of American States, Peru may be violating the rights to life, personal integrity, and to information and access to justice, due to toxic pollution from Doe Run Peru’s multi-metal smelter in La Oroya, Peru. ► The potential extension of an environmental management plan for the complex, announced by Peruvian President Garcia, must include effective measures to guarantee against further human rights violations.   WASHINGTON, D.C. – The Inter-American Commission on Human Rights (IACHR) will examine a complaint against Peru for human rights violations in La Oroya, a Peruvian town described as one of the “most contaminated places on earth.” AIDA, Earthjustice and CEDHA submitted this case in 2006 with the local support of the Peruvian Society for Environmental Law (SPDA).   In the Inter-American Commission’s recent report accepting the case, it “considers that the alleged deaths and/or health effects of the presumed victims are a consequence of acts and omissions by the State with regard to environmental pollution arising from the multi-metal complex operating in La Oroya, which if proved could constitute a violation of the rights conferred in Articles 4 [life] and 5 [personal integrity] of the American Convention.”   “This claim stems from the lack of action by Peru, considering that the government has known about the impacts of the pollution on persons and the environment for at least ten years without acting to resolve the contamination problem,” states AIDA Co-Director, Astrid Puentes. “Even if some steps have been taken in La Oroya, the measures implemented have not been effective in safeguarding health and the environment, as noted by the Peruvian Constitutional Court, the Ministry of Health, and the Commission.”   “This is excellent news that brings us hope that things will finally improve in La Oroya” said one of the case’s plaintiffs, whose names are confidential.   In 2006 the Constitutional Court of Peru ordered actions to protect public health in the city. The “unjustified delay” in complying with this order may also constitute a violation of the human rights of access to justice and judicial guarantees.   The Commission will also investigate whether Peru’s actions violate the right to access to information and freedom of expression. In addition to serious health effects, this case alleges unjustifiable limits to accessing information about the community’s environmental and human health situation and pressure toward those trying to distribute this information.   The IACHR’s decision to examine the complaint coincides with negotiations between the Peruvian Government and the Doe Run Peru company, owner of the Multi-Metal Complex, over a potential extension for the complex’s Environmental Management Plan (PAMA). The effective implementation of this plan would improve environmental quality in the area. There is little certainty whether the company will ever meet its obligations for environmental controls under this Plan, as the government has already granted several extensions. The Commission will likely monitor the compliance process and consider the results in any final decision regarding the violations of human rights in Peru.   The PAMA does not actually allow for extensions, and the government could fine the company for violating the Plan. If Peru does not impose fines, it would further prolong the unjustified delay of actions necessary to control the pollution in La Oroya and protect the human rights of its inhabitants,” states José Luis Capella, of SPDA. “Any future decision regarding the PAMA must include effective measures to enforce the obligations to improve health and the environment in the city already contained within the Plan.”  Connected with this case, the IACHR also requested in 2007 that Peru implement urgent precautionary measures to guarantee the life and safety of La Oroya residents. These measures insist that Peru provide specialized medical evaluations and treatment for those affected by the toxic pollution.  “The IACHR’s acceptance of this case is vital to protect human rights in La Oroya. It demonstrates that the severe pollution in the city has an impact, not only on the environment, but on human health, and that it affects their human rights,” stated Martin Wagner Director of the International Program of Earthjustice. “We hope the case has positive impact on the protection of human rights in La Oroya and in the region."

Read more

Human Rights, Toxic Pollution

La Oroya triumphed in the Constitutional Court, but the ruling was not implemented

In 2006, the Peruvian Constitutional Tribunal recognized that high levels of pollution in La Oroya were causing serious health problems for the local population. The Tribunal ordered the Ministry of Health to comply with the law and take urgent action to prevent additional irreversible impacts to the environment and human health. This decision was supported by numerous scientific reports from the government, civil society organizations, and Doe Run Peru, which operates the smelter. In its decision, the Tribunal accepted all the arguments presented by the Peruvian Society for Environmental Law (SPDA), which represented La Oroya citizens in the case with AIDA’s support. The court gave the government 30 days to: Provide emergency medical attention for people contaminated with lead, giving priority to pregnant women and children; Implement an action plan to improve air quality in La Oroya; Declare States of Alert when pollution levels are excessive; Establish epidemiological and environmental monitoring programs. This ruling established a key legal precedent for three fundamental reasons. First, it recognized that extremely high pollution levels like those in La Oroya can cause serious and irreversible harm to people’s health, violating human rights. Second, it reiterated the State’s obligation to protect citizen rights, requiring specific actions to reduce health threats. Third, by ordering the State to coordinate with the polluting company, the Tribunal confirmed that corporations are responsible for conducting their businesses in ways that respect the human rights to health, to life, and to a healthy environment. In response to this ruling, the Peruvian government made some changes, but by no means complied fully with the order. Thus, in 2006, AIDA, in conjunction with Peruvian lawyers, Earthjustice, and CEDHA, brought the case to the Inter-American Commission on Human Rights. Through this case, we seek enforcement of the Peruvian court’s order and implementation of additional measures that would truly protect health in La Oroya. Follow us on Twitter: @AIDAorg "Like" our page on Facebook: https://www.facebook.com/AIDAorg

Read more

Human Rights, Toxic Pollution

La Oroya before the Inter-American Commission on Human Rights

In an effort to compel the Peruvian government to resolve the health crisis in La Oroya, AIDA appealed to the Inter-American Commission on Human Rights (IACHR) in 2005, requesting that the Commission take urgent precautionary measures (in Spanish) to safeguard human rights.  Working together with Earthjustice, CEDHA, and our Peruvian colleagues, we brought this case on behalf of more than 60 adults and children who live in La Oroya and suffer from health problems believed to be caused by the smelter’s pollution. The following year, after the government failed to heed Peruvian court mandates to clean up La Oroya, we submitted a full petition to the IACHR, asking the Commission to thoroughly evaluate the human rights situation and obligate the State of Peru to prevent the Doe Run Peru smelter from further contaminating the city. The Commission responded favorably to our efforts. In 2007, the IACHR requested that the State of Peru take precautionary measures to prevent irreversible harm to the health, integrity, and lives of the people of La Oroya. Specifically, as a first step, the Commission requested that the Peruvian government diagnose and provide specialized medical treatment to the group of people we represent. When the government was slow to comply, the Commission met with the parties again in 2008 and 2009, and successfully motivated the state to implement the measures appropriately, a process currently in progress. In August 2009, the IACHR accepted AIDA’s petition to fully evaluate the case against Peru. It based its decision on the fact that the illnesses and deaths allegedly resulting from the severe pollution constitute potential violations of the human rights to life and integrity. It also found that the State of Peru likely violated the public’s right to information when it manipulated and failed to publish important human health information. Finally, the Commission concluded that the State of Peru unjustifiably delayed compliance with the 2006 decision of the Peruvian Constitutional Tribunal, and thus may be violating citizen’s rights of access to justice and to effective domestic remedies. Now, several years after the IACHR first ordered Peru to provide precautionary measures, it is clear that the state’s efforts have been woefully inadequate. The 65 residents represented by AIDA have received spotty medical attention that falls far short of the “specialized” care that was promised, and the government’s efforts have not reduced health risks in a meaningful way. In March 2010, AIDA and its partners returned for another public hearing at the IACHR, to present evidence that the Peruvian government’s actions fail to satisfy the terms of the 2007 recommendations. Backed by findings from independent experts, AIDA argued that the medical evaluations conducted by the government were never completed and that the city is still contaminated by heavy metal pollution that causes a range of debilitating conditions, especially among children. The State denied these claims, insisting that it has taken sufficient action and the case should be closed. While we wait for a final decision on the case, AIDA will continue to pressure the Peruvian Ministry of Health to comply with its obligations, and to encourage the IACHR to maintain a spotlight on the Peruvian State until the pollution in La Oroya no longer threatens people’s fundamental human rights. Positive changes resulting from this case will not only benefit those we represent, but all residents of La Oroya. A decision from the IACHR will also create a vital precedent that can be applied in other cases throughout the hemisphere. IACHR hearing - La Oroya  Follow us on Twitter: @AIDAorg "Like" our page on Facebook: https://www.facebook.com/AIDAorg

Read more