Toxic Pollution


New Zealand sets shameful emission-reduction target, completely ignores public consultation

By Natalie Jones Natalie is a legal intern on the Climate Change team at AIDA, based in Mexico City. She is a delegate to COP21 with the New Zealand Youth Delegation, and volunteers for NZ youth climate group Generation Zero. In this post, she covers an issue AIDA is following closely in Latin America—emission-reduction targets—in her native country. Last week New Zealand released its INDC, or “intended nationally determined contribution,” for the post-2020 climate deal set to be agreed upon in Paris this December. It’s not good news. An INDC is the target each country must set for its future greenhouse gas emissions—in other words, its intended contribution to the effort to reduce climate-changing pollutants to a sustainable level. At the UN climate talks, the world’s governments agreed that these targets should be nationally determined, to allow each nation to respond best to its own needs, priorities, and abilities. Because climate change is an issue we all face together, New Zealand’s announcement is relevant to people in all parts of the world, including Latin America. New Zealand is one of the world’s higher emitters: the small country emits more than three times its share of global emissions per capita. So far, however, New Zealand is failing to live up to its historic responsibility. The Government announced an emissions reduction target of 30 percent below 2005 levels by 2030. While this may sound okay – 30 is a big percentage, right? – it actually equates to a cut of just 11 percent below 1990 levels, which is not that much bigger than our already-pitiful 2020 target of 5 percent below 1990 levels. To stay in line with the international effort to limit global warming to below 2 degrees Celsius, New Zealand’s target would need to be a minimum of 40 percent below 1990 levels by 2030 – a rate accepted by the European Union and other progressive nations. Instead, the target is worse than those proposed by China, Mexico and other developing countries. To make matters worse, New Zealand has already proposed a conditional target of 10-20 percent below 1990 levels by 2020, in addition to the unconditional 5 percent target. It is likely that all the conditions attached to the 10-20 percent target will be met. So the recent announcement is essentially lowering New Zealand’s ambition by giving the country ten more years to hit the low end of its conditional target. At this critical moment in history, we can’t afford a decade of inaction. Accounting rule mischief But it doesn’t stop there. The target will remain provisional until a final deal is reached in Paris, including rules on accounting for land sector emissions and carbon markets. This means the target is even worse than it seems. New Zealand’s existing 2020 target is based on gross emissions calculated for 1990, without accounting for the lower net amount of carbon once some of it is taken up and stored by forests. But for 2020, the target does account for forests as a carbon sink. This skewed approach means New Zealand is on track to meet its 5 percent reduction target by 2020, even though actual emissions are on track to increase 36 percent since 1990. If New Zealand plans to use the same methodology for the 2030 target, which seems likely, our target would actually be a 134 percent net increase from 1990 levels. A target for the 1% What’s more, the Government has completely ignored the results of its own public consultation, which overwhelmingly called for much stronger action. Ninety-nine percent of submitters called for a target of 40 percent below 1990 levels by 2030. Over 15,000 submissions were made, and more than 4,600 of those submissions were mobilized by youth climate organization Generation Zero’s Fix Our Future campaign, which I helped run. Generation Zero spokesperson Paul Young characterized the target as being “for the 1 percent who deny the need to transition to a low carbon economy.” Failing to take responsibility for the Pacific New Zealand is a neighbour to many vulnerable Pacific Island countries, such as Samoa, the Marshall Islands, Tuvalu and Vanuatu. These countries are some of the lowest contributors to climate change, but are the first to face its devastating impacts, such as rising sea levels and more frequent and severe storms. New Zealand has a responsibility to care for its neighbours. Oxfam New Zealand called the country’s recent announcement a “slap in the face” to Pacific Island nations. A wasted opportunity Perhaps most disappointing about this announcement is the fact that New Zealand has the ability to lead the way to a thriving, zero carbon world. Currently running on more than 80 percent renewable energy, the country is in a prime position to transition to 100 percent renewable energy, shift its transport and heat needs to electricity and other clean energy sources, and absorb carbon by planting forests. Instead, New Zealand is leaving it to other countries to pick up its slack. Historically, New Zealand has used the inaction of major emitters like the US and China as an excuse for its own inaction, but that simply won’t cut it any more. What’s holding us back now is not technology, but political vision. AIDA’s work on INDCs AIDA advocates for public participation in the formation of INDCs throughout Latin America, and calls on nations to include information in their INDCs about the finance needed to meet their commitments and respond to the impacts of climate change. It is important to monitor the contributions of countries outside Latin America, particularly developed countries who have contributed the most to the problem, in order to determine whether each country is upholding their responsibility on this collective issue and to ensure political accountability for poor contributions. Find Natalie on Twitter at @nataliejonesnz.

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AIDA celebrates historic decision to suspend fumigation with glyphosate in Colombia

AIDA calls on the National Environmental Licensing Agency to immediately cancel the permit authorizing the chemical spraying program. Thanks to more than 24,000 people who signed a petition on Change.org to suspend fumigation and to colleagues and organizations that participated in the campaign. Bogota, Colombia. The Interamerican Association for Environmental Defense (AIDA) welcomes the Colombian government’s decision to suspend the aerial spraying of coca and poppy crops with glyphosate in the country. To implement this decision, the National Environmental Licensing Agency must rule immediately and cancel the permit granted to the chemical spraying program. "This is a historic moment for health, the environment, and respect for law in Colombia," said Astrid Puentes Riaño, Co-Director of AIDA. "We know it was a complex decision, but in light of a policy that has proved ineffective and caused serious damage, it was also a smart decision to change course and find real solutions." AIDA has followed the Illicit Crop Eradication Program in Colombia since the late 1990s. We have repeatedly decried the serious damage to health and the environment caused by the glyphosate mixture applied in Colombia, and advocated more appropriate alternatives to eradicate coca and poppy crops. The decision to suspend the spraying, made last night by the National Narcotics Council with an overwhelming majority of seven votes to one, will become effective if the National Environmental Licensing Agency revokes the permit authorizing the program. AIDA believes that the permit should be canceled immediately because the program was designed to use glyphosate, and without it the program no longer makes sense. One day before the decision, AIDA delivered a petition to suspend the spraying, with more than 24,000 signatures, to the Minister of Justice, who also chairs the Narcotics Council. The petition, posted on Change.org, was sponsored by AIDA in conjunction with the Institute for Studies of Development and Peace (INDEPAZ) and the Observatory of Crops and Growers Declared Illicit, with support from Washington Office on Latin America and Latin American Working Group. In one week the petition received 24,933 signatures. "We thank everyone who signed and those who for years have requested this change in policy; this is a shared achievement," said Hector Herrera, AIDA attorney and coordinator of the Environmental Justice Network in Colombia. "We look forward to creation of a technical committee to make recommendations and hope that it is participatory and transparent." The suspension of the fumigation program followed a finding, issued by the World Health Organization’s International Agency for Research on Cancer, that glyphosate may be carcinogenic. This finding led the Ministry of Health to recommended suspending the program, which Colombia’s Constitutional Court and other national courts had unsuccessfully requested years before, citing the precautionary principle. This principle, found in international environmental law, was incorporated into Colombian legislation in 1993. It holds that in the absence of scientific certainty, when a risk of serious or irreversible health or environmental damage may be present, the authorities should take steps to avoid that risk. In the case of spraying, the requirements for applying the precautionary principle are met. Although there is no absolute scientific certainty of causal harm, more than 15 years of evidence points to possible serious and irreversible damage to health and the environment, including risk of cancer and skin diseases, damage to amphibians and fish, and damage to forests and food crops. The Colombian government, for the sake of caution, finally suspended spraying to prevent further damage.  

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Colombian government must immediately suspend the use of glyphosate

Bogota, Colombia. Glyphosate, the herbicide used to eradicate crops considered illicit in Colombia, has been classified as a substance probably carcinogenic to humans by the International Agency for Research on Cancer, the specialized cancer agency of the World Health Organization. Based on these findings, the Colombian Ministry of Health is recommending that the country’s Ministry of Justice "immediately suspend the use of glyphosate in the Illicit Crops Eradication Program’s aerial spraying operations." The Interamerican Association for Environmental Defense (AIDA) strongly supports this recommendation so that the human rights to health and a healthy environment, both closely linked to the right to life, are protected in Colombia. We urge the government to fulfill its national and international obligations, respecting the conclusions reached by the highest health authorities, in order to prevent further damage to the country’s people and environment. For 15 years, AIDA and partner organizations have been warning of the grave impacts glyphosate has on the environment and human health. We’ve advocated for the need to apply the precautionary principle to suspend Colombia’s fumigation program, which has been financed by the government of the United States. Astrid Puentes Riaño, attorney and co-director of AIDA: "Colombia, like no other country, has used millions of liters of glyphosate that have not succeeded in destroying coca and poppy plants, but have irreparably damaged the environment and human health. Without excuses or delays, the National Narcotics Council must act responsibly and immediately suspend the use of glyphosate in the eradication of illicit crops." Anna Cederstav, co-director of AIDA and PhD in Chemistry: "The scientific evidence on the impacts of glyphosate on the environment and human health is sufficient to support a decision of the suspension of aerial spraying of glyphosate in Colombia."

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Toxic Pollution, Human Rights

People harmed by environmental contamination in La Oroya have been waiting for seven years for the State to guarantee their rights

In 2007, the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to provide medical care and institute environmental controls. These measures have yet to be implemented fully and the health of the affected people continues to deteriorate. The IACHR has yet to reach a final decision in the case. La Oroya, Peru. Seven years have passed since the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to adopt precautionary measures in favor of the individuals affected by toxic contamination in the city of La Oroya. Those affected, including boys and girls, still have not received the medical attention they require and their health continues to deteriorate. On August 31, 2007, the IACHR granted precautionary measures in favor of 65 inhabitants of La Oroya who were poisoned by air, water, and soil contaminated by lead, arsenic, cadmium, and sulfur dioxide coming from the metallurgical complex of the Doe Run Perú Corporation. In light of the gravity and urgency of the situation, the Commission asked the Peruvian State to take actions necessary to diagnose and provide specialized medical treatment to affected persons whose personal integrity or lives were at risk of irreparable harm. Although some medical attention was provided, the required comprehensive, specialized care has not.  Now there are dire risks of setbacks. To date, the Health Strategy for Attending to Persons Affected by Contamination with Heavy Metals and Other Chemical Substances, which is operating in the La Oroya Health Center, does not have an assured budget starting in September and for the remainder of the year. The Strategy is essential for complying with the precautionary measures, given that the diagnosis and specialized medical treatment for the beneficiaries depend on it. Without a budget, the continuity of the medical personnel attending not only to the beneficiaries but also to the entire population of La Oroya will become unviable. "The precautionary measures continue to be in force; after seven years, there has not been full compliance with them. Nonetheless, the State insists on requesting that they be lifted, despite the fact that the health of the population is deteriorating and constant risk [exists]," declared María José Veramendi Villa, attorney for the Inter-American Association for Environmental Defense (AIDA). On a related note, the IACHR continues to study the suit filed in 2006 for violations of the human rights of the same group of affected persons. The case is based on the failure of the Peuvian State to adequately control the activities of the metallurgical complex and protect the health and other rights of the affected persons. Regrettably, these individuals’ situation is worsening, and five years after accepting the suit, the IACHR has yet to reach a final decision. "Delay affects us more and more all the time. Our maladies are worsening. During this time, we have lost many of our fellows and seen our children fall ill," declared one of the affected individuals whose name is being withheld for reasons of security.  Currently the metallurgical complex is undergoing a process of liquidation, but its operations will continue during the process of being sold. However, in May the complex had to suspend its operations because its suppliers stopped providing it with concentrates due to the company’s financial problems. "Although operations have been suspended, the violations of the individuals’ human rights have already occurred. Therefore, the Peruvian State must comply with its human rights obligations and guarantee that the company and its new owners comply with their obligations to protect the environment and human health," stated Jorge Abrego, attorney for the Asociación Pro Derechos Humanos [Association in Favor of Human Rights] (APRODEH).  

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Colombia’s Ministry of Environment unveils the demarcation of the Santurbán Páramo without specifying details of the measurements

With the water supply of millions of people at risk, we urge the ministry to publish details of the demarcation and ensure that this fragile ecosystem remains free of large-scale mining operations. Bogotá, Colombia. Colombia’s Ministry of Environment announced the delimitation of the Santurbán Páramo, a high-altitude wetland ecosystem that supplies water to millions of people in the country. While the ministry disclosed some aspects of the measure to the media, it has not released full details. These include the full extension of the demarcation, exact coordinates and which mining operations are inside or outside of the defined area. The ministry stated that the protected area would increase from 11,000 hectares to 42,000 hectares in the department of Santander. However, according to the Colombian Humboldt Institute’s atlas, the ecosystem has a surface area of at least 82,000 hectares in the departments of Santander and North Santander. “We do not know if the protected area covers the total area of the páramo in both departments. Nor do we know the coordinates or what mining titles will be affected. We do not even know if there is a written draft of the official decision. This seems incompatible with the right to access accurate and impartial information, as enshrined in the Colombian Constitution,” said lawyer Carlos Lozano-Acosta of the Interamerican Association for Environmental Defense (AIDA). The páramo of Santurbán supply water to nearly two million people, including the cities of Bucaramanga and Cúcuta. As is common for this ecosystem, the páramo of Santurbán has a diversity of flora and fauna and is important for storage of atmospheric carbon, helping to mitigate climate change effects. According to the law, the demarcation of this ecosystem should be formally and clearly defined in order to prevent harmful activities such as large-scale mining, which could cause irreversible damage. According to the Ministry, companies with mining concessions and environmental licenses will remain in Santurbán. The ministry said that the demarcation affects only 10 of 29 mining titles, including those of the Canadian firm Eco Oro Minerals. It did not provide any further details. Without the exact coordinates of the ecosystem, it is not possible to know precisely the extent of the demarcation and the ongoing threat that large-scale mining poses to this water source. Eco Oro has threatened to pursue legal action if the final decision affects their investment, presumably basing its arguments on the free trade agreement between Colombia and Canada that would allow the company to sue Colombia in an international tribunal. “Colombians should not pay a company for investing where it should not, much less if it threatens their water supplies. Colombian law prohibits mining in páramos. We call on Eco Oro to respect Colombians’ right to water instead of threatening legal action to protect their investment,” said Jennifer Moore of MiningWatch Canada. Kristen Genovese of the Centre for Research on Multinational Corporations (SOMO) said, “Eco Oro is not only violating Colombian law with regard to mining in the páramo, but the project is inconsistent with the social and environmental standards of the International Finance Corporation (IFC), which is financing the project. We believe that an investigation now underway regarding the IFC’s investment in Eco Oro will confirm our analysis.” According to the Ministry, the decision will not be adopted immediately, and no date has been set to implement it. “The participation of citizens in the demarcation process has not been adequate. We do not know, for example, if the Ministry used rigorous technical studies provided by the Humboldt Institute. Nor is much known about how public participation took place regarding this decision,” said Miguel Ramos of the Committee for the Defense of Water and the Santurbán Páramo. Also unknown is how Andean forest ecosystems, or cloud forests, located at altitudes of 2,200 to 2,600 meters above sea level, will be protected and managed. These are also vital to ecosystem health and water regulation. Similar to Eco Oro’s approach in Santurbán, the mining company AUX plans to carry out underground mining in these ecosystems. To date, more than 19,000 people have signed a petition (in Spanish) urging the Colombian government to protect the water of Santurbán according to scientific criteria. The government received (in Spanish) 16,000 of those signatures in November 2013. Organizations and environmentalists have also asked (in Spanish) the Colombian government to properly define the limits of the páramo ecosystem. The demarcation of Santurbán will set a precedent for protecting the country’s other páramos. Colombia is home to half of the páramos in the world, which supply water to 85% of its population. The demarcation process must take into account the minimum projected area of the páramo in the Humboldt Institute’s Atlas and its technical studies at a scale of 1:25:000. “If the Santurbán Páramo is adequately defined, it would set an important precedent for the protection of all the páramos. This would lead the way, taking another step toward respecting the right to water of all Colombians” said Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). AIDA, CIEL, the Committee for the Defense of Water and the Santurbán Páramo, MiningWatch Canada and SOMO -- as allied organizations -- ask Eco Oro to refrain from threats of legal action in an attempt to influence the demarcation of the páramo, and ask the Colombian government to provide full, truthful, and impartial information about the process and final decision. 

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Toxic Pollution, Climate Change

Short-Lived Climate Pollutants: A great opportunity to put the brakes on climate change

By Florencia Ortuzar, legal advisor, AIDA While many of us are alarmed by climate change and its already tangible effects, concern becomes even greater when learning the fact that all the CO2  accumulated in the atmosphere cannot be removed, even if we were to shut down all the sources of emissions today. This reality was confirmed in the Fifth Assessment Report on the state of the climate, issued by the Intergovernmental Panel on Climate Change (IPCC). The explanation for this is simple: CO2, in contrast to other gases and pollutants, remains in the atmosphere for millennia after being released. It is stuck in the atmosphere for what is eternal for human standards, implying that its greenhouse effect does not end even with an immediate halt in emissions. The good news is that CO2 is not the only cause of global warming. There are other pollutants that, unlike CO2, only stay in the atmosphere for a relatively short time. These “other” agents are responsible for 40-45% of global warming, and they remain in the atmosphere for a minimum of a few hours to a maximum of a few decades. They are called short-lived climate pollutants, or SLCPs. Like CO2, SLCP emissions have a negative impact on humans and ecosystems. So a reduction in these pollutants would bring immediate relief to the worst affected by climate change and would bring important benefits to the environment and people. The main SLCPs  Although all SLCPs contribute significantly to climate change and share the trait of being short-lived, each has its unique characteristics and emission sources.  Black carbon or soot, is a particulate substance produced by the incomplete combustion of fossil fuels, mainly from motor vehicles, domestic stoves, fires and factories. The dark particles heat the atmosphere as they absorb light, and when the particles land on snow and ice they accelerate melting. Black carbon also affects human health by causing respiratory problems such as lung cancer and asthma.  Tropospheric ozone is a gas formed by the reaction of the sun with other gases called "precursors," which can be man made or naturally occurring. One of these precursors is methane, another SLCP. Tropospheric ozone is associated with diseases including bronchitis, emphysema, asthma and permanent scarring of the lung tissue. Studies also show that this gas has a direct impact on vegetation, reducing crop yields and the ability of plants to absorb CO2. Methane is a powerful greenhouse gas, and 60% of its emissions come from human activities like rice farming, coal mining, landfill and oil combustion. Two important sources of methane include cattle farming, whose effect has dangerously increased with industrial meat production (Spanish), and large dams, especially those in tropical areas.  Hydrofluorocarbons (HFCs) are man-made gases used in the production of air conditioners, refrigerators and aerosols. They have replaced chlorofluorocarbons (CFCs), which were banned under the Montreal Protocol. Although HFCs represent a small proportion of the greenhouse gases emitted into the atmosphere, their use is growing at an alarming speed of an average of 10-15% each year, according to a United Nations Environment Programme (UNEP) report.   Everyone wins According to the IPCC, the reduction of these pollutants could avert a rise in average global temperatures by approximately 0.5 degrees Celsius by 2050, cutting the current rate of global warming in half and helping to protect some of the areas most susceptible to climate change like the Arctic, the high Himalayan regions and Tibet. The mitigation of SLCPs is also crucial for decelerating glacial melting and rising sea levels, a serious situation for the world’s population that lives in coastal areas. The reduction of SLCPs would also bring important socio-environmental benefits. Black carbon and tropospheric ozone harm human health and reduce crop yields. This in turn affects ecosystems, food security, human welfare and the entire natural cycle that keeps the planet healthy. Some talking points Given that SLCPs stem from different sources, effective mitigation requires a series of comprehensive actions that deal with each pollutant separately. Fortunately, the road is already laid out. Many of the technologies, laws and institutions needed to cut SLCP emissions already exist. In the case of black carbon, new technologies are inexpensive and available. Developed countries have already reduced emissions significantly through the use of green technologies. Ideas include the modernization of domestic cooking systems in the region, introducing the use of solar cookers and new transport systems with improved exhaust filters to reduce greenhouse gas emissions.   The amount of methane in the atmosphere, which affects the level of tropospheric ozone, is largely dependent on industrial activities. To reduce emissions, effective regulations should be implemented to control the industries that emit the most methane, including intensive cattle farming, mining, hydrocarbons and large dams. For HFCs, an alternative already exists. There need to be regulations that encourage people to substitute HFCs for greener alternatives, no matter the commercial barriers. Some countries have proposed incorporating HFCs in the Montreal Protocol, an international agreement recognized as one of the most successful initiatives to significantly and rapidly reduce CFC emissions, addressing a similar challenge, to the one we face today. To find out more about SLCPs, you can read a briefing paper (Spanish) put together by AIDA, CEDHA, CEMDA and RedRacc.

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Almost 16,000 people urge Colombian President Santos to demarcate the Santurbán páramo

In a petition to the Presidency and the Ministry of Environment, thousands of people are calling on the government to define the boundaries of this fragile ecosystem at a scale of 1:25,000 as required by Colombian legislation. Bogota, Colombia—The Interamerican Association for Environmental Defense (AIDA) sent to Colombian President Juan Manuel Santos and his minister of environment and sustainable development, Luz Helena Sarmiento, the signatures of 15,901 individuals calling for the demarcation of the Santurbán páramo to be based on proper scientific criteria at a scale of 1:25,000. The Santurbán páramo, located in the Colombian departments of Santander and Norte de Santander, provides water to nearly two million people, mainly in the cities of Bucaramanga and Cúcuta. The signatures collected over Change.org, the world’s largest petition platform, follow a previous request (in Spanish) by AIDA and prestigious Colombian environmentalists for the government to properly define the borders of the páramo in compliance with national legislation and international standards. This would prevent harmful activities such as large-scale mining from irreversibly damaging this fragile high-altitude wetland ecosystem. Páramos are "water factories" that contain a unique biodiversity and help mitigate climate change. In Colombia, home to the greatest number of páramos in the world, delimitation of this ecosystem is required under national law. That makes this petition even more important because the delimitation of the rest of the country’s páramos could depend on the outcome of the Santurbán decision. The petition promoted by AIDA includes a letter to President Santos and Minister Sarmiento. In the letter, the signatories call on the minister to recognize the entire páramo (more than 82,000 hectares) in the definition of its borders, not just the fraction (11,000 hectares) declared as a Regional Natural Park. For this to happen, the petition calls on the government to apply the parameters already established by Colombian scientists and provides legal arguments to support this requirement. Together with the signatures, AIDA has included a document that analyzes the legal reasons why the government should fully delimit this area (Available in Spanish, here). “Heeding the call of the thousands of signatories in the hemisphere is urgently needed because the risk to the páramos from mining is imminent," said Astrid Puentes Riaño, AIDA co-executive director. "Delineating Santurbán to a scale other than the ratio of 1:25,000 prescribed by the National Development Plan goes against the law. If the minister delimits the moor at a less detailed scale, the decision could be challenged in court.” AIDA's action comes as the Committee for the Defense of Santurbán Páramo holds a protest to protect this valuable ecosystem on November 15 in Bucaramanga. The petition and letter can be read at Change.org.

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Report on the situation in La Oroya (Peru): When investor protection threatens human rights

The International Federation for Human Rights (FIDH) presented a balance of the controversial case of industrial pollution. Huancayo, Peru – The International Federation for Human Rights (FIDH) released a report on the situation in La Oroya, a city in the central Andean region of Peru that is at the center of a controversial case of industrial pollution caused by a poly-metallic smelter in operation since 1922.   For decades, the people of La Oroya have been exposed to high levels of air pollution stemming from the complex’s emissions of toxic substances including lead, cadmium, arsenic and sulfur dioxide. In the middle of the 2000s La Oroya was identified as one of the 10 most polluted cities in the world.   According to independent studies, 97% of children between the ages of 6 months and 6 years, and 98% of those between 7 and 12 years old still have high levels of lead in their blood. The percentage reaches 100% in La Oroya Antigua, the area closest to the smelter. The effects of lead poisoning are irreversible.   Doe Run Peru, a subsidiary of the U.S.-based Doe Run Company, began operating the complex after its privatization in 1997. Both the company and the Peruvian State have failed to comply with their obligations to prevent environmental impact and respect the human rights of the population of La Oroya. In response, the Interamerican Association for Environmental Defense (AIDA) and other organizations requested the Inter-American Commission on Human Rights (IACHR) in 2005 to issue precautionary measures for people whose health was at serious risk from the pollution in the city. On August 31, 2007 the IACHR ordered the State to adopt measures to protect the health, integrity and life of a group of residents of La Oroya.   The precautionary measures require Peru to provide a specialized medical diagnostic to the beneficiaries plus specialized and adequate medical treatment to those who, based on the diagnosis, are in danger of irreparable damage to their physical integrity or lives.   Also since 2007, a complaint against Peru has been pending before the IACHR for the violation of human rights due to the toxic emissions from the La Oroya Metallurgical Complex. AIDA, APRODEH, Earthjustice and the Center for Human Rights and Environment (CEDHA) are representing the victims and the beneficiaries of the precautionary measures in the case.   “AIDA has been working and monitoring the situation in La Oroya for over a decade. Over this time we have seen the extent of the damage to victims’ health in La Oroya due to the pollution that they have been and continue to be exposed to. The State must assume its obligations and fully comply with the IACHR´s precautionary measures that are in effect”, said Maria Jose Veramendi, an AIDA legal advisor.   Meanwhile, parents of children with high levels of lead in their blood have tried to obtain compensation for the damages through a collective action in the United States (Missouri), headquarters of the complex’s parent company The Renco Group.   In late 2010, Renco initiated international arbitration alleging its rights as a foreign investor as guaranteed by the Free Trade Agreement between Peru and the United States were violated. Renco asked for compensation of $800 million.   “The company not only denied the impacts on the citizens and tried to evade responsibility, but in the face of the protests it pursued a campaign of stigmatization and attacks against those who were trying to defend their rights”, said Souhayr Belhassen, president of the FIDH.   This case illustrates the conflict between international human rights law and investor protection. It also exposes the legal strategy of the companies allegedly involved in human rights violations that seek to evade responsibility and deny victims their right to reparation.   The FIDH report, entitled Metallurgical Complex of La Oroya: When investor protection threatens human rights, includes a series of recommendations directed at the Peruvian authorities and the company involved.   AIDA and APRODEH, as organizations representing the victims of La Oroya before the Inter-American Human Rights System, thank the FIDH and believe that the report is an important contribution to visualize the increasingly serious human rights violations suffered by the residents of La Oroya, who still expect the State to recognize its responsibility and bring justice to their claims. At the same time, the Archdiocese of Huancayo, whose role in defending the right to a healthy environment in La Oroya has been crucial, says the report is a major contribution to its work.   See de PDF version of the report.    

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