Toxic Pollution

Defender la biodiversidad del océano es defender el bienestar humano
Coral reefs, Oceans, Toxic Pollution

To defend the ocean's biodiversity is to defend human well-being

Statement by civil society organizations at COP16 of the Convention on Biological Diversity (CBD)   The ocean is one of the world's main reserves of biodiversity, as well as a source of food, renewable energy and our main ally in combating the global climate crisis. Human populations, in addition to having their livelihoods in the ocean, maintain cultural connections around the ocean that define their past, present and future. However, this immense source of life continues to suffer increasingly significant damage and impacts, while efforts to protect and restore it are not increasing at the same rate. The intrinsic connection between ocean and climate itself embraces the balance of the planet. On the one hand, the ocean regulates weather patterns and, on the other, its characteristics are seriously altered by the climate crisis. The main indicators of these changes are the increase in temperature and sea level, acidification, deoxygenation, modifications in ocean currents, and a greater intensity of hurricanes and meteorological events. This affects marine biodiversity, causing the loss of particularly vulnerable species and habitat fragmentation. Coral bleaching associated with changes in climate, for example, alters the dynamics of many other species that depend on them, generating consequences for tourism, fisheries, climate resilience and biodiversity, as well as socioeconomic and cultural impacts. Overfishing puts commercial target species and coastal-marine ecosystems in general at risk. Some of the fishing practices of greatest concern are the extraction of vulnerable or endangered species; the non-compliance with or non-existence of closed fishing areas, the demarcation of fishing zones, permitted sizes and volumes; as well as the abandonment of fishing gear, which contributes to the problem of marine debris and causes the death of many animals that are trapped in them. Intensive aquaculture, such as salmon farming, directly destroys the marine ecosystem through contamination due to the constant incorporation of nutrients and the high use of antibiotics, producing anoxia and harmful algae blooms. Marine pollution from land-based sources continues to be a major stress factor for the marine environment and poses particularly serious problems in developing countries, where integrated waste management is extremely deficient. This has resulted in the introduction of polluting substances and materials into the ocean (untreated sewage, solid waste, including plastics, and agricultural runoff), causing changes in the quality conditions of the water column and sediments, often fatal to marine biodiversity and affecting human health. Likewise, maritime sources of pollutants require particular attention, as the ocean is the main means of transporting goods globally. Maritime traffic involves the transport of substances harmful to the marine environment - such as hydrocarbons, toxic chemicals, sewage, ballast water, garbage, and other hazardous substances - that are discharged into the sea in routine operational tasks and in maritime incidents. Hydrocarbons pose a particularly complex problem because they are not only transported as cargo but are also used to propel ships, thus representing a latent risk scenario with impacts on air quality due to atmospheric emissions of carbon dioxide, nitrogen oxides, sulfur oxides and methane, mainly in ships that use liquefied natural gas (LNG) for propulsion. In addition, the negative impact on marine fauna of collisions with ships and underwater noise from various sources cannot be ruled out; these factors still lack sufficient and effective public policies and regulations. Additionally, oil spills in the marine environment cause suffocation and intoxication of marine species, bioaccumulation of harmful substances, and even the functional destruction of important habitats. These impacts in turn affect relevant social and economic activities - such as shipping, fishing, tourism, and port activities - as well as endangering the health and the right to a healthy environment of coastal communities. Spills from offshore oil and gas exploration and exploitation are not adequately controlled and regulated by governments, being authorized activities in the vicinity of vulnerable areas such as coral reefs. These operations face serious limitations to prevent and provide timely response to spills with mitigation, restoration, and compensation actions for the damage caused. Environmental impacts from related activities, such as seismic exploration, dismantling of underwater infrastructures and platforms, and associated maritime traffic, are rarely evaluated. Finally, although there are no exploitation efforts yet, underwater mining poses risks that are impossible to assess in their magnitude, including habitat destruction, which could be irreversible, and species extinction. This is especially worrisome considering how little is known about the ecological and physicochemical dynamics in deep-sea and deep-sea ecosystems. The development of these intrusive activities -  without having the technical and scientific base information that would allow us to objectively identify the potential impacts, as well as the possibility or not of preventing, mitigating or restoring damages  - would doubtless cause the alteration of a highly sensitive and complex ecosystem. In consideration of the above - in our role as civil society organizations working for the protection and sustainable use of the ocean and for the defense of the right to a clean, healthy and sustainable environment - WE URGENTLY CALL ON THE STATES PARTY TO THE CONVENTION ON BIOLOGICAL DIVERSITY TO:   Incorporate the ecosystem approach - which notes the interdependence between the atmosphere, land, and ocean - into their national biodiversity policies, strategies, and action plans, considering the provisions set forth in the Advisory Opinion of the International Tribunal on the Law of the Sea, which notes that anthropogenic greenhouse gas (GHG) emissions meet the definition of marine pollution under the UN Convention on the Law of the Sea.   Use environmental impact and cumulative impact assessment tools to promote transparency and citizen participation with a gender focus and with emphasis on the consultation and consent processes of groups in vulnerable situations, such as indigenous peoples and local communities, so that the traditional and cultural knowledge that comes from the territories is included and valued to promote the implementation of projects and human development activities in a responsible and fair manner, weighing the right to a clean, healthy and sustainable environment over short-term economic benefits.   Sign, ratify, and commit to the effective implementation of the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) for these rights, and establish mechanisms for transparency and accountability in any environmental proceedings.   Apply the precautionary principle in the absence of certainty or scientific information and recognize technical knowledge, science, and local wisdom as the basis for decision-making processes focused on the protection of the environment and biodiversity.   Sign, ratify, and commit to the effective implementation of the Agreement on the Conservation and Sustainable Use of Biodiversity beyond National Jurisdiction (BBNJ Agreement), an instrument that will make it possible to advance in the protection of at least 2/3 of our planet. This will allow for: the equitable sharing of benefits derived from the use of marine genetic resources; the use of area-based management mechanisms, including the designation of marine protected areas; the development of environmental impact assessments prior to offshore activities; as well as capacity building and the transfer of marine technology for the benefit of the ocean.   Continue to apply moratoriums on underwater mining activities based on the lack of sufficient technical and scientific information to foresee, prevent, control, and mitigate the potential impacts on the biological diversity of unknown ecosystems in deep waters and on the seabed.   Sign, ratify, and commit to the effective implementation of the Agreement on Port State Measures (MERP Agreement) - to prevent, deter, and eliminate illegal, unreported, and unregulated fishing - as well as the Agreement on Fisheries Subsidies, to promote fishing practices that recognize the relevance of ocean sustainability.   Strengthen and harmonize regulations on fishing and aquaculture, also advancing in their correct control, with the objective of ensuring the sustainability of these activities; avoiding illegal, unreported, and unregulated fishing; minimizing negative impacts on marine ecosystems and vulnerable species.   Implement the Guidelines for Achieving Sustainability in Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) in order to: recognize the contribution to the fishing economy of men and women working in all activities of the fisheries value chain; guarantee food security and the right to food; contribute to the development of communities engaged in this type of fishing; achieve sustainability of fishery resources; as well as promote culture and ancestral and traditional knowledge around fishing.   Advance quickly and effectively in the process of negotiating a legally binding instrument on plastic pollution through the application of the circular economy model and responsible management throughout the entire cycle of these products.   Plan mitigation and adaptation actions in the short-- and medium-term to address the effects of the climate crisis on the ocean and protect its carbon sinks through strategies and policies that contemplate the just and equitable energy transition in ocean-dependent sectors, in addition to the conservation and restoration of key ecosystems such as mangrove forests, seagrasses and coral reefs with a holistic and socio-ecological approach. The obligation of States Parties to the United Nations Framework Convention on Climate Change (UNFCCC) to submit updated Nationally Determined Contributions (NDCs) by 2025 is an opportunity to include, as climate commitments, measures aimed at mitigating impacts on the ocean and their restoration. These measures should not be limited to the creation of carbon markets in the ocean, but rather ensure the comprehensive protection of marine and coastal ecosystems, especially considering their fundamental role in climate regulation.   Sign, ratify, and commit to the effective implementation of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention); prioritize the creation and application of national regulations on standards and permitted thresholds for the discharge of polluting substances into the sea, harmonized with international law, and based on follow-up and monitoring programs that respond to the dynamics of each country.   Adopt relevant domestic measures to reduce anthropogenic pressures currently affecting coral reefs, slowing the processes that are causing their degradation and allowing coral cover to be maintained at minimum levels that guarantee their permanence and connectivity. These measures include: Regulating environmental impact studies and management plans for offshore hydrocarbon extractive and prospective activities and other activities carried out near coral reefs and areas sensitive to coral bleaching. Avoid authorizing offshore hydrocarbon exploration and exploitation activities near coral reefs. Regulate the transit of ships near marine protected areas and particularly sensitive marine zones in terms of ballast water pollution and other polluting technologies for the marine environment that may affect the state of coral reefs. This will also reduce the possibility of accidents and groundings.   Guarantee the rights and meet the needs of coastal and island communities that live from fishing -  especially artisanal fishing  - and local tourism that are being affected by the climate crisis and environmental problems, seeking to protect them from the degradation of marine-coastal biodiversity.   Increase governmental efforts to create and implement programs and activities for capacity building and transfer of marine technology to reduce the gaps between developing and developed countries. This will enable ocean protection to be embraced globally as a pathway to climate and environmental justice.   Guarantee the financing of policies, programs, plans, studies, and regulations, ensuring the necessary budgetary allocations to safeguard and manage coastal-marine ecosystems. To this end, they should target the use of all available means within countries, as well as international climate finance funds, cooperation projects and multilateral instruments dedicated to addressing the climate crisis and the mechanisms that have been agreed upon in the framework of the UNFCCC and the Paris Agreement, including the Green Climate Fund (GCF), as well as available resources from the private sector. Similarly, blue finance mechanisms that benefit vulnerable groups and have a positive impact on ocean health should be prioritized.   Effective protection of our ocean is not possible without the commitment of the States Parties to the Convention on Biological Diversity. We therefore call for action and the definition of urgent national and international interventions to strengthen ocean governance. The risks of ignoring the accelerating impacts are too great. It is time to prioritize the health of the ocean and with it our own health.   Signatory organizations: Interamerican Association for Environmental Defense (AIDA). Mexican Center for Environmental Law (CEMDA) Center for Marine Justice Mesoamerican Reef Fund (MAR Fund) Cethus Foundation MarViva Foundation Healthy Reef Initiative (HRI) Coral Reef Alliance Foundation for Eco-development and Conservation (FUNDAECO) High Seas Alliance (HSA)  

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Mining, Freshwater Sources, Toxic Pollution

Session 1 of the Transformative Global Experiences on Water Governance Webinar Series

Mining and water: social articulation, advocacy & corporate accountability around Brazil's Brumadinho tailings dam disaster   The Transformative Water Pact (TWP) is an innovative framework for water governance. It consolidates vital principles and an action framework to guide decision-making toward transformative change in water management. This is achieved through an alternative vision based on principles of environmental justice, equity, and water stewardship. This webinar series aims to facilitate a dialogue among the TWP co-authors and their allies, focusing on global South countries' water governance and justice challenges. The goal is to highlight the impact of sharing valuable global experiences in advocacy, litigation, local solutions, campaigning, and research that have contributed to advancing the protection of the right to water worldwide. In this first session, we will explored - through the lens of the Transformative Water Pact - various strategies of resistance and defense that local communities and civil society have developed to facilitate the conservation of protected areas and ensure access to justice and truth for the victims of the tragedy caused by the failure of an iron mine tailings dam in Brumadinho, Brazil.   PANEL Murtah Shannon, Inclusive Water Governance Officer at Both ENDS. Maria Teresa Corujo Viana, member of the Movimento pela Preservação da Serra do Gandarela. Makota Cassia Kidoialê, founder of Kilombo Manzo. Carolina de Moura Campos, project coordinator at Instituto Cordilheira. Moderation: Jorge Lu Palencia, attorney with Interamerican Association for Environmental Defense (AIDA).   recording (in spanish/portuguese)  

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Panoramic view of the Metallurgical Complex of La Orota, Peru, in 2024.
Human Rights, Mining, Toxic Pollution

La Oroya v. Peru: Historic precedent on human rights and the environment

The Inter-American Court of Human Rights set an important precedent for state oversight of industrial pollution.   By Rosa Peña and Jacob Kopas* This past March, the Inter-American Court of Human Rights, the human rights tribunal for the Americas, released an historic ruling condemning Peru for failing to control toxic industrial pollution. The ruling set an important precedent for the right to a healthy environment and state oversight of corporate activities across the Americas. This victory began as a petition that the Interamerican Association for Environmental Defense (AIDA) and Earthjustice, together with partner organizations, presented in 2006 on behalf of families and environmental defenders in La Oroya, a small town in the heart of the Peruvian Andes. For more than 100 years, an industrial smelter has exposed La Oroya to extreme levels of toxic pollution, leading to nearly all the town’s children having dangerously high levels of lead and other heavy metals in their blood. The court’s binding judgment is a powerful condemnation that the families of La Oroya are today using to demand concrete action from the Peruvian government. In addition to financial compensation, the court ordered Peru to halt further harmful pollution from the smelter, clean up the toxic metals in the soil and water, and provide specialized health care for the victims and inhabitants of La Oroya. The court's judgment itself also constitutes a form of reparations for the victims, by acknowledging the legitimacy of their work as environmental defenders. The significance of the ruling goes far beyond the immediate benefits for people in La Oroya and Peru. Ensuring the environmental quality of water and air in Latin America remains a major challenge across the Americas. This is the first time that the Inter-American Court has held that industrial pollution can harm human rights, opening a path to justice for communities in so-called “Sacrifice Zones” overburdened with industrial pollution. The court’s landmark ruling establishes several key precedents with significance for both international and domestic jurisprudence.   Innovative new measures for collective reparations. This case went beyond previous cases by ordering not only individual reparations, but also collective reparations that benefit all inhabitants of La Oroya. These include environmental remediation of the surrounding ecosystem (para. 351), comprehensive and specialized health care for any inhabitant who presents symptoms (para. 348), and support for relocating inhabitants who wish to do so (para. 355). In addition, the court ordered differentiated measures for women, children, and elderly victims. The judgment also ordered environmental and public health measures that will improve the lives of all Peruvians impacted by the mining industry, including bringing air quality standards in line with international standards (para. 346), guaranteeing that mining companies adhere to the UN Guiding Principles on Business and Human Rights (para. 352), and creating an information system that proactively provides updated air and water quality data in mining areas (para. 354).   Showing causality: Exposure to a significant health risk is enough to prove a human rights violation. One major obstacle to access to justice for communities exposed to dangerous pollution is showing causality, that is, proving that pollution caused a specific health condition. Showing causality is often difficult because many communities lack access to proper health care and diagnostic tests, because some conditions such as cancer can be latent and lie undetected for years, and because many different factors contribute to poor health. To account for this reality, the court held that it is sufficient to show that an exposure to pollution created a significant health risk, without having to prove that the exposure caused a concrete condition or disease (para. 204). The court also went a step further, and noted that under the precautionary principle, the lack of scientific certainty regarding those risks cannot be an excuse for failing to adopt measures to protect public health (para. 207).   The right to clean air and water as substantive elements of the right to a healthy environment. In the judgment, the Court established that the right to a healthy environment includes the rights to air and water that are free of pollution which could constitute a significant risk to health and rights. These rights also entail specific obligations for states. These include: Setting environmental quality standards that do not constitute a risk to health and that are based on the best available science Monitoring air and water quality and providing access to information on pollution that endangers health Creating plans to maintain air and water quality Effectively enforcing environmental quality standards and ensuring the proper management of water resources (paras. 120-121)   Access to public participation in environmental decisions. This ruling is also the first time that the Inter-American Court has condemned a state for failing to guarantee effective public participation in environmental decision-making affecting the general public (para. 256). In prior cases, the court examined the right to public participation only in the context of consultation with Indigenous Peoples, who have special protections under international law. In addition, the court held that the mere existence of formal procedures for public participation may not be sufficient for states to satisfy their obligations under the American Convention. Authorities must also ensure that these procedures provide an effective opportunity to be heard and participate in decision making (para. 260).   The judgment also consolidated advances in other important issues for environmental justice in the region: Business and human rights obligations. The court emphasized states’ obligations to protect human rights and their duties to supervise and control companies (paras. 109-110). It also held that companies themselves have responsibilities to respect human rights and act with due diligence, regardless of their size, sector, operational context, ownership, or structure (para. 111). Environmental pollution violates the right to a dignified life. Because pollution impacted many different areas of the lives of families in La Oroya, it also violated their right to a dignified life. These impacts included not being able to carry out a life project under normal circumstances, which affected their personal, family, psychological, and professional development (paras. 220-230). The effects of environmental contamination fall disproportionately on individuals, groups, and communities that already bear the burden of poverty, discrimination, and systemic marginalization. The court recognized that pregnant women, children, teenagers and the elderly, who, given their condition, are frequently exposed to a greater risk of harm from pollution (para. 134). Given the principle of intergenerational equity, states have particular obligations to protect children’s health from environmental pollution and provide specialized care for those that acquired illnesses as a result of exposure (para. 141). The right to a healthy environment as jus cogens. The ruling noted that guaranteeing the interest of both present and future generations from serious, extensive, long-lasting, and irreversible damage to the environment is fundamental for the survival of humanity. The court thereby called on the international community to recognize such environmental harm as violating a preemptory norm (jus cogens) of international law (para. 129). Weakening air quality standards violates international law. The court found that when Peru rolled back national air quality standards for sulfur dioxide, it violated its duty against retrogressive measures inherent in the right to a healthy environment (paras. 182-186). The court held that any such rollbacks must be justified in light of the state’s maximum available resources for guaranteeing human rights and be consistent with the precautionary principle (para. 186). Obligation of active transparency when guaranteeing access to information. This case is the first time the court has found a state responsible for failing its obligation of “active transparency,” which requires states to not only respond to requests for accessing environmental information, but also to actively distribute and publicize environmental information (para. 247). This information must be complete, comprehensible, and in an accessible language (para. 255).   The ruling is poised to a significant legal precedent for the many communities affected by industrial pollution. Its ultimate impact will depend on how it is implemented by courts in Peru and throughout Latin America. In Peru alone, the Peruvian Human Rights Ombudsman estimated that over 10 million people (31% of the population) are at risk of exposure to heavy metal pollutants and other chemicals related to the mining industry. With this new ruling as a powerful legal tool, hopefully other communities will not have to wait 100 years to finally breath clean air.   *Rosa Peña is a senior attorney with AIDA's Human Rights and Environment Program; Jacob Kopas is a senior attorney with Earthjustice's International Program.  

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Vista áerea de un barco contenedor.
Oceans, Toxic Pollution, Climate Change

Maritime shipping: what’s being done to reduce emissions?

Maritime transport is the activity of moving goods from one destination to another by sea. It is fundamental to trade and accounts for 80% of global shipping. However, it is also a major source of pollution, particularly greenhouse gases that warm the planet and other pollutants that harm human health. The sector therefore needs to decarbonize its activities by reducing its emissions, both in transport and in the loading and unloading of goods at ports around the world.   How many emissions does international shipping produce? Every year, 10 billion tons of cargo are transported by sea, accounting for 2.9% of global greenhouse gas emissions - including carbon dioxide (CO₂) - a percentage close to that of Japan. This is because ships use enormous amounts of oil to move, emitting nearly 1 billion tons of greenhouse gases. The above figures do not include emissions generated at cargo ports, which are not automated and use fossil fuels. The main energy source for ships moving goods around the world is heavy fuel oil, a highly polluting fossil fuel that produces CO₂ emissions that accelerate global warming. In 2023, greenhouse gas emissions from shipping will be 20% higher than they were 10 years ago, according to the United Nations. And projections published by the European Environment Agency indicate that they could reach 17% of global emissions by 2050 if no action is taken to decarbonize the sector. The warming and subsequent melting of the Arctic - the geographic region around the North Pole - is evidence of the impact of shipping emissions on the global climate: According to the Clean Arctic Alliance, the Arctic —one of the world's most important climate regulators— is warming up to four times faster than the rest of the planet. Much of this is due to emissions of black carbon, or soot, from shipping, which is the residue left after heavy fuel is burned on ships. Black carbon is emitted in both gaseous and solid forms. As a gas, it contributes to the greenhouse effect in the atmosphere; as a solid particle, it accelerates the melting of snow and ice.   How do ship emissions affect human health? International shipping generates pollutants such as black carbon and particulate matter that affect human health. According to the Barcelona Institute for Global Health, which reviewed 32 studies on shipping emissions, the industry could be responsible for an estimated 265,000 premature deaths worldwide in 2020. This means that 0.5% of global mortality would be associated with its emissions. Although air pollution from shipping is a global problem, it disproportionately affects coastal populations, especially those living near ports and other industrial facilities.     Who is responsible for preventing emissions from shipping? The International Maritime Organization (IMO) is the specialized agency of the United Nations responsible for setting standards for safe, efficient, and environmentally sound shipping.   In 2023, the 175 countries that make up the IMO agreed to reduce greenhouse gas emissions from industry by 20-30% (compared to 2008) by 2030 and by at least 70% by 2040. The pact is complemented by a target to achieve a zero emissions balance (so that gases released into the atmosphere are neutralized or offset by sinks) by "around 2050." Within this framework, meetings at the IMO in the coming months and until April 2025 will focus on achieving the decarbonization of shipping through a just energy transition. During this period, a range of technical and economic measures will be analyzed and discussed to achieve the objectives of the Ship Emissions Reduction Strategy. The main challenges of these efforts include: Meeting market demand for zero emission fuels in the volume required to power the entire global marine fleet. Bridging the cost gap between fossil fuels and low-emission fuels. Enabling ships to adapt their technology for a rapid transition to cleaner fuels.   The process of decarbonizing maritime transport will require the combined efforts of various actors: States, companies, NGOs, and international governance organizations. It is a complex process that involves the entire global shipping chain. For the decarbonization of the sector to be equitable, it is necessary to take into account shared responsibilities as well as the different needs and capacities of countries in the face of the costs of phasing out fossil fuels in maritime transport. It must also consider the impact that global warming is already having on economically and climatically vulnerable countries, such as islands, least developed and developing countries. sources - International Maritime Organization, "Introduction to the IMO". - Natalie Mueller, "Maritime transport: the forgotten pollution", Barcelona Institute for Global Health. - Michelle Carrere, "Agreements to reduce shipping emissions considered ‘weak’ by environmental organizations", Mongabay. -Paula Mateu, "Maritime transport will reduce emissions by 30% in 2030 but NGOs see it as insufficient", La Vanguardia.  

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Vista panorámica de La Oroya, Perú, en 2024.
Mining, Toxic Pollution, Human Rights

Warning of increased contamination in La Oroya and slow progress by the State to comply with the Inter-American Court ruling

The State's progress in implementing the international court's ruling has been slow and insufficient. Meanwhile, a high level of sulphur dioxide has recently been registered in the Andean city due to the partial reactivation of the metallurgical complex and the lack of prevention, warning, monitoring and control measures by the state.   Two months after the Inter-American Court of Human Rights issued its ruling in the case "La Oroya Community vs. Peru," the Inter-American Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), organizations that legally represent the victims, warned at a press conference that the Peru is making slow and insufficient progress in effectively complying with the ruling. The ruling, issued on March 22 and considered a landmark in international law, established Peru’s responsibility for violating the rights of La Oroya residents affected by decades of toxic contamination. The international tribunal ordered comprehensive remedial measures, including environmental cleanup, reduction and mitigation of polluting emissions, air quality monitoring, free and specialized medical care, compensation, and a resettlement plan for the affected people. Increased pollution in La Oroya The organizations also denounced that the government’s slow action is occurring in the midst of an increase in the presence of toxic contamination in the area due to the partial reactivation of the La Oroya Metallurgical Complex and the lack of prevention, warning, monitoring and control measures by the state. According to the Environmental Monitoring System of the Environmental Evaluation and Control Agency, a high presence of sulfur dioxide has recently been recorded in La Oroya, which makes it imperative that Peru take urgent action based on its international responsibility. One of the measures ordered by the Inter-American Court is to ensure that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health. Challenges in implementing the ruling During the press conference, Rosa Peña, Senior Attorney for AIDA's Human Rights and Environment Program, said: "The ruling is a great opportunity for the State of Peru to prevent and better manage the environmental impacts of mining and metallurgical activities, as well as to improve health care for people exposed to contamination. The Court has already identified the key aspects, now it is up to the State as a whole to ensure a good implementation that will serve as an example for other cases at national and international levels." Christian Huaylinos, coordinator of the legal sector of APRODEH, emphasized the need for an articulated multisectoral work: "A coordinated effort of the three levels of the state—local, regional and national—is needed to advance in the effective compliance of the sentence. In addition, clear mechanisms must be put in place to ensure the effective participation of victims in the implementation of the orders issued by the Court." Community demands Yolanda Zurita, a petitioner in the case, emphasized the community's frustration with the lack of prompt and effective action: "We, as a population, need to feel and see that there is compliance. It is not possible that after 20 years of litigation, and after the Court's ruling has been made public, there are officials who claim to be ignoring the ruling." The Inter-American Court's ruling not only focuses on reparations for direct victims, but also includes restitution measures and guarantees of non-repetition for the entire population of La Oroya and the country. It defines parameters for the proper conduct of mining and metallurgical operations in Peru, in defense of the environment and health. The ruling is an important precedent for the protection of the right to a healthy environment in Latin America and for adequate state oversight of corporate activities. AIDA and APRODEH urge the Peruvian government to comply with the measures ordered by the Inter-American Court and to take immediate action to protect the environment and health of the community of La Oroya. press contact Víctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +52 5570522107  

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Vista panorámica de La Oorya, Perú, en 2016
Mining, Toxic Pollution, Human Rights

Community of La Oroya wins landmark ruling to stop environmental damage in Latin America

After more than 20 years, the residents of the town of La Oroya in the Peruvian Andes have found justice, opening a major new avenue for protecting a healthy environment throughout the continent. In an unprecedented decision, the Inter-American Court of Human Rights found Peru guilty of violating their human rights by failing to act in a timely and effective manner to protect them from extreme levels of pollution from a metallurgical complex that has operated in their community for nearly 90 years. "Twenty years ago, when this struggle began, I carried my banner saying that children's health is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision.” La Oroya is located in the central mountain range of Peru, in the department of Junín, approximately 176 km from Lima. In 1992, the US company Cerro de Pasco Cooper Corporation installed the La Oroya Metallurgical Complex to process ore concentrates. The complex was nationalized in 1974 and operated by the state until 1997, when it was taken over by Doe Run Peru, which operated it until 2009.     For generations, the inhabitants of La Oroya have inhaled toxic substances that pose serious risks to human health. Heavy metal contamination has invaded their respiratory system, traveled through their bloodstream, and been imperceptibly deposited in several of their vital organs. Most of those affected had lead levels above those recommended by the World Health Organization, and in some cases higher levels of arsenic and cadmium, in addition to stress, anxiety, skin disorders, stomach problems, chronic headaches, and respiratory or cardiac problems. In 1997, AIDA became involved in defending the rights of the La Oroya community. Our publication La Oroya No Espera (La Oroya Cannot Wait), published in 2002, helped bring the gravity of the situation to international attention. In 2006, in the absence of effective responses in Peru, we joined an international coalition of organizations in filing a complaint against Peru before the Inter-American Commission on Human Rights. In 2021, the Commission established the responsibility of the Peruvian government in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the complaint was filed, the victims presented the case to the Court in a public hearing, represented by AIDA and the Asociación Pro Derechos Humanos (APRODEH), with the support of Earthjustice. Since 2009, when the metallurgical complex ceased operations due to Doe Run Peru's financial crisis, the levels of heavy metal contamination have not been reduced to acceptable levels. Nor has the situation of those affected improved significantly in recent years. Although the Peruvian government has known since 2009 that all children living near the complex are suffering from lead poisoning, it has not provided them with adequate medical care. But there is no deadline that will not be met. On March 22, the Inter-American Court of Human Rights gave a powerful response to more than two decades of seeking justice. The Court found that Peru was guilty of violating the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees, and judicial protection of the 80 people involved in the case; of violating the rights of the children of 57 victims; and of violating the right to life of two others. "This is the first judgment that recognizes the international responsibility of a state for violating the right to a healthy environment and other related rights," says Rosa Peña, AIDA Senior Attorney.           Ver esta publicación en Instagram                           In addition, the Court ordered the State to adopt measures of integral reparation for the damage caused to the people of La Oroya. These include the prosecution and punishment of those who harassed the residents for their environmental defense work; the preparation of a remediation plan for air, soil, and water contamination; the provision of free and specialized medical care to the victims, as well as to other residents with symptoms and illnesses related to mining and metallurgical activities; the updating of air quality regulations to ensure the protection of the environment and human health; the provision of monetary compensation to the victims; and the creation of an air, water, and soil quality monitoring system. It also ordered that the operations of the La Oroya Metallurgical Complex—which was transferred to the workers of Doe Run Peru as part of the company's liquidation—comply with international environmental standards and prevent and mitigate damage to the environment and human health. The Court's decision is not only a unique opportunity to restore the dignity and rights of the people of La Oroya. Its scope extends beyond the Peruvian context, making it an important precedent in Latin America for the protection of the right to a healthy environment and for adequate state oversight of corporate activities. Among other things, the Court established the obligations of states to regulate, monitor and control air and water quality, to identify sources of pollution, and to implement plans to enforce air and water quality standards. The Court held that in order to establish state liability for environmental damage, it is sufficient to show that the state, despite being aware of the existence of high levels of pollution, failed to take adequate measures and thus allowed the pollution to continue, thereby posing a significant risk to human health. In light of the judgment, states must prevent human rights abuses by public and private enterprises. Businesses, for their part, must prevent their activities from causing or contributing to human rights abuses and take steps to remedy such abuses. Defending the right to a healthy environment has been part of AIDA's history since our inception and has always been a collective effort. We celebrate and recognize all the people who, from different sectors, roles and capacities, made possible the historic result of the La Oroya case. With renewed vigor, we will work for the proper implementation of the judgment and for the establishment of new important precedents that will guarantee in practice the universal right to a healthy environment in the region.  

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La chimenea del Complejo Metalúrgico de La Oroya, en Perú, vista desde un campo deportivo
Mining, Toxic Pollution, Human Rights

5 milestones in the "Inhabitants of La Oroya v. Peru" case ruling

Our long-fought victory before the Inter-American Court sets important precedents for all communities seeking environmental justice in the Americas.   The story of the community of La Oroya, Peru, in its quest for justice and reparations spans decades. The perseverance of the residents of this Andean town has borne fruit for the entire region, as they achieved a victory that sets important precedents for all communities seeking environmental justice on the continent. The Inter-American Court of Human Rights ruled in favor of the community of La Oroya, holding the Peruvian state responsible for violating the right to a healthy environment and other related rights, such as health and life, of its inhabitants by failing to take timely and effective measures to protect them from extreme levels of pollution from a metallurgical complex. AIDA has led the case from its inception, bringing La Oroya's struggle to the Inter-American Human Rights System and providing legal representation to the victims before the Court. Why is the international court’s ruling in "Community of La Oroya vs. Peru" such a joy and a door opener for us? We explain below, how the ruling:   1. Responds to the first case of its kind before the Inter-American Court. This is the first time the Inter-American Court has ruled on a case of toxic air and environmental pollution in an urban community. In its ruling, the Court recognized the disparate impact on women, children, and other vulnerable populations. It also addressed the importance of the rights of access to information and participation.   2. Recognizes and values the importance of a healthy environment as a human right. The Court recognized this right as a jus cogens (mandatory) norm and clarified the obligations of states to ensure a healthy environment for all people. A key point of the judgment is that states must avoid, prevent, and control environmental damage and its effects on human health by using all the means at their disposal.   3. Opens the door to accountability. The ruling sets precedents to hold states and companies accountable for taking the necessary measures to avoid lifelong impacts on people's health and the environment. The Peruvian state must provide financial compensation to the affected people of La Oroya, provide free and specialized medical care, adopt non-recurrence measures, and monitor air and water quality in places where mining activities are taking place.   4. Establishes the responsibility of the State in a case of contamination. In addition to stating that companies must act with due diligence and respect for human rights, the Court concluded in its ruling that the Peruvian state should have acted to protect and guarantee the rights of the people exposed to the contamination, using, among other tools, the precautionary principle.   5. Sets precedents for the entire region. The ruling goes beyond the Peruvian context, as it is binding on States Parties to the American Convention on Human Rights and sets an important precedent in Latin America for the protection of the right to a healthy environment and for the adequate supervision by States of corporate activities.  

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Vista panorámica de la ciudad de La Oroya, Perú.
Mining, Toxic Pollution, Accountability and Transparency

Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment

The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations.   San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century. The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing,  represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice. "This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders." In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection. "The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.” For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet. "Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision." In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages. "What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens." Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others. "This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney.   Resources Court's press release on the judgment, available here (in Spanish). Official summary of the judgment, available here (in Spanish). Full text of the judgment, available here (in Spanish). Background information on the case, available here. Folder with photographs, available here. press contact Víctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107  

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Lagunas de Siecha, Parque Nacional Natural Chingaza, Colombia.
Toxic Pollution, Climate Change, Human Rights

Forest fires: How can we help prevent them?

The recent huge fire in the Valparaíso region of Chile has been described as the country's biggest disaster since the 2010 earthquake. But this year, as in previous years, forest fires and their deadly consequences are not an isolated phenomenon in Latin America. In Colombia, the fires forced the government to declare a national disaster and prompted civil society to call for comprehensive protection of Colombia's forests and páramos. Fire also reached part of Argentina's Patagonia region. Ninety percent of forest fires are caused by humans, particularly through activities such as logging and slash-and-burn agriculture. The climate crisis is contributing to their greater intensity and frequency, increasing the risks to forests, species and communities. In addition, wildfires affect air quality and thus human health If this situation is the result of our actions, it is also in our hands to prevent it. What can we do to prevent fires? Here are some actions that different actors in society can take to contribute to this important task.   What can governments do? Design and implement laws to ensure forest security and ensure compliance with existing laws. Develop education campaigns to raise public awareness of the importance of forests and how to care for them. Strengthen fire prevention and suppression infrastructure, including spray planes, containment barriers, and technology to constantly monitor the health of forests.   What can businesses do? Reduce emissions of gases that heat the atmosphere and increase the risk of wildfires by switching to cleaner energy sources. If flammable waste is generated, implement policies to dispose of it responsibly. Train their work teams to respond to these types of disasters. Promote best practices that help protect the environment.   What can citizens do? Organize garbage collection groups and avoid making campfires and/or practicing livestock and agricultural activities in the forest. Obtain and disseminate quality information about the importance of these ecosystems for life on the planet. Follow safety instructions, such as wearing masks and/or evacuating smoke-contaminated areas. Be vigilant and make sure we know how to report fires and what action plans are in place to protect our nearby forests.   It is essential that governments, businesses and citizens work as a team to protect forests and promote a culture that cares for the environment and all life.  

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Selva amazónica
Coral reefs, Oceans, Freshwater Sources

The triple planetary crisis: What is it and what can we do about it?

You may have heard that humanity is facing "a triple planetary crisis.” In the words of United Nations Secretary-General António Guterres, this crisis "threatens the well-being and survival of millions of people around the world." But what exactly does it mean? The triple planetary crisis refers to three interrelated problems: climate change, pollution, and biodiversity loss. Each of these problems is a crisis with its own causes and effects, but all three converge and feed on each other. All three affect human rights, and more intensely impact people in vulnerable conditions.   The climate crisis The United Nations considers climate change to be humanity's most urgent problem and the greatest threat to human rights. Climate change, which involves long-term changes to the planet's temperatures and weather patterns, can completely alter ecosystems. Although changes in climate can occur due to the natural patterns of the planet, what we are facing is caused by human activities. Since the Industrial Revolution, there has been an accelerated change in the planet's average temperatures. One of the primary causes of that change is the exploitation and use of fossil fuels. The climate crisis, then, refers to the consequences of climate change caused by human activities, which include: an increase in the intensity and severity of natural events such as droughts, fires, and storms; rising sea levels and the melting of the poles; changes in the hydrological and climatic cycles that affect biodiversity; and impacts on the enjoyment of human rights.   The pollution and waste crisis The dominant economic system, dependent on consumption, implies the generation of high levels of pollution and waste that have a great impact on human and ecosystem health. Air pollution is the leading cause of disease and premature death worldwide. The World Health Organization estimates that 7 million people die prematurely each year because of poor air quality. Air degradation is caused by emissions from factories, transportation, and forest fires. Those who lack access to less harmful technologies for cooking or keeping warm also breathe polluted air in their homes. Air pollution is related to climate change, as many of the emissions also warm the planet. Pollution caused by plastics and microplastics is another global concern, as it directly affects biodiversity. An increasing number of studies are finding that plastics are affecting the health of people and other living things. They take centuries to decompose, and are derived from petroleum, a fossil fuel. And we can’t forget pollution caused by extractive activities which, in addition to generating greenhouse gas emissions and leaving in their wake chemicals that are toxic to health, degrade freshwater sources and large tracts of land.   The biodiversity loss crisis Biodiversity loss refers to the decrease and disappearance of biological diversity: flora, fauna, and ecosystems. This crisis is caused by the two previous crises, in addition to the overexploitation of resources and changes in land use—which cause overfishing, illegal hunting and trafficking, and deforestation—and the introduction of non-native and invasive species. This loss also implies the decline of many of the species on which we depend. Its impacts extend to affect food supplies and access to fresh water. One example is the Amazon, the world's largest tropical forest and a global climate stabilizer. It is home to 10 percent of the planet's known biodiversity and is the ancestral home of more than 470 indigenous and traditional peoples. The Amazon is endangered by colonization, deforestation, and extractive activities, among other threats. The situation is so serious that the point of no return for the Amazon, in which deforestation levels cancel out its capacity for regeneration, is no longer a future scenario.   Actions to confront the triple planetary crisis The triple planetary crisis is a complex problem involving diverse stakeholders and requiring multidisciplinary solutions. Although local actions and individual lifestyle changes can help, many of the necessary actions require decisions on a global scale and profound changes to economic, political, and social systems. According to the United Nations, global actions to confront the crises must include: Limiting global temperature increase to 1.5 degrees: this means that global emissions should be reduced by 45 percent by 2030, with the goal of achieving carbon neutrality by 2050. Accelerating the expansion of clean renewable energies: to achieve the above, a drastic reduction in the use of fossil fuels is required to make way for energy systems based on renewable sources that are sustainable over time and respectful of the environment and people. In addition to combating climate change, this would reduce air pollution. Investing in adaptation and resilience: this means considering those who are already suffering the impacts of the climate crisis in the solutions, with emphasis on the nations, people, and communities in vulnerable situations and who are least responsible for these crises. Conserving and protecting 30 percent of the planet: this applies particularly to areas of biodiversity importance, including the ocean. It also implies actions to mitigate climate change. Improving the food system: this includes changes in irrigation and soil management, as well as producing healthier food and reducing food waste. Leaving no one behind: the measures described above must be carried out simultaneously and with a focus on protecting human rights, as they represent an opportunity to reduce the inequalities that are both a cause and a consequence of the crises.   Making progress before the triple crisis These crises threaten not only our basic sources of livelihood, but even our mental health. And while much remains to be done, progress has been made that demonstrates the global cooperation needed to advance on a large scale. We’re happy to share some recent examples of global progress: The High Seas Treaty, designed to protect two-thirds of the ocean, was adopted in June 2023, and will need to be ratified by 60 countries before entering into force. The United Nations recognized the right to a clean, healthy, and sustainable environment as a universal right. 175 nations agreed to develop a global instrument to address plastic pollution.   The steps we take as individuals help us to act locally: to live our values and contribute to our communities. But it’s also important we think globally, and demand that our representatives in decision-making bodies guarantee widespread participation and commit to taking key and concerted actions.  

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