Peru

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.    

Peru’s efforts to require La Oroya clean up should not be chilled by investment arbitration

San Francisco, CA – The following is a statement from the international organizations Earthjustice, the Inter-American Association for Environmental Defense (AIDA), the Peruvian Society for Environmental Law (SPDA), and Public Citizen: In 1997, Doe Run Peru (DRP), an American company, bought from the government of Peru a metallurgical complex located in La Oroya, Peru.  As a condition of the purchase, DRP agreed to comply with a number of environmental requirements aimed at protecting the environment and health of the local population.  For 15 years, Doe Run has failed to fulfill these commitments.  Now, rather than live up to its responsibilities, DRP and its parent company, the Renco Group, are using questionable legal and political tactics to continue to avoid its commitments—most prominently through an international arbitration case against the State of Peru.  In 2011, the Renco Group brought a claim in an international arbitration tribunal for US $800 million against the State of Peru, alleging Peru’s non-compliance with and failure to honor its legal obligations. However, Peru should not be deterred from its efforts to require the company to clean up La Oroya.  Here are just a few of the reasons why: 1.    Even if the Peruvian Congress were to grant DRP another PAMA extension, the liability claims in Renco’s arbitration case against Peru would remain because Doe Run’s case against Peru involves more than the PAMA extension contemplated in the proposed law.  The Peruvian legislature is currently debating a bill to extend Doe Run’s environmental remediation obligations (known by its Spanish acronym, PAMA) for a third time.  The legislature’s Energy and Mining Committee quickly approved the bill.  However, policymakers should not presume that Doe Run will drop its arbitration case against Peru if the legislature grants the extension. Indeed, the company is likely to find it advantageous to keep the investment case going (or launch new ones) in order to pressure the government through the international arbitration proceedings. 2.    The company is using the investment arbitration to insulate itself from penalties in a case in Missouri courts.  In 2007, attorneys filed lawsuits in Missouri (where Doe Run is headquartered) on behalf of children in La Oroya alleged to have experienced serious health problems from exposure to toxic pollution from the smelter in Peru.  In a similar case resolved last year regarding harms to 16 children from Missouri, the Missouri court awarded the children US $358 million.  In the aforementioned 2007 case about La Oroya in Missouri, DRP has insisted that the Peruvian government—not the company—should be held liable for these tort claims (even though the children are only claiming damages that occurred after Doe Run purchased the smelter). Therefore, the company will likely attempt to keep its international investment arbitration case alive until the Missouri case is resolved, so the Renco Group can use the arbitration to force Peruvian taxpayers to pay any penalty awarded against DRP. 3.    The Renco Group is using the arbitration case to move the Missouri case to federal court and evade liability.  Doe Run has aggressively tried to derail the Missouri case by insisting that the La Oroyan children’s claims be heard in US federal courts, where it appears Doe Run believes it is more likely to win the case.  Twice, the Missouri judge refused to allow the company to do so.  After launching the international investment arbitration against Peru, however, Doe Run made a new argument, and convinced the judge to move the La Oroyan children’s case to US federal court, which has jurisdiction over treaty-related claims.  The Renco Group has an incentive to keep the international arbitration pending against Peru—regardless of whether the Peruvian legislature extends the PAMA—in order to maintain its argument that the case belongs in federal court 4.    Giving in to the threat of the international investment arbitration would set a bad precedent for Peru and the world.   As explained above, DRP is using the investment arbitration to serve many different interests.  In each case, the common factor is that the arbitration threatens to make Peru—and Peruvian citizens—responsible for the contamination in La Oroya and any resulting penalties.  If Peru responds to this threat by giving DRP special treatment at the expense of the children of La Oroya, it will send a message to DRP and multinational companies around the world that such threats are effective.  This will weaken Peru’s ability to protect its interests, including the environment and human rights, in the face of corporate misbehavior. 5.    DRP is using false arguments to try to shift the blame to others.   In addition to the arbitration claims, DRP has long argued that Activos Mineros—a state-owned firm—should complete its PAMA obligations to remediate soils around the complex.  Now DRP is claiming unfair treatment because Activos Mineros has not yet been required to do so.  This argument makes no sense.  It is well known that cleaned soils will quickly become re-contaminated if nearby smelter pollution continues.  In Missouri, the authorities calculated that soils near the Doe Run smelter would be re-contaminated only a few years after Doe Run had remediated them at a cost of millions of dollars.  Doe Run is well aware of this, yet argues that Peruvian taxpayers should spend millions of dollars cleaning soils in La Oroya that would be re-contaminated in mere months if the smelter were to reopen without first installing all necessary pollution controls.  This would be a waste of resources and would not solve La Oroya’s health problems.  Activos Mineros should indeed remediate the soils.  But it makes no sense to do so until either DRP completes installing the control technology it has promised yet failed to deliver for 15 years, or after a decision is made to permanently close. The government of Peru should take these facts into account and make sure that it does NOT allow Doe Run to pressure it into reopening the complex in La Oroya.  The government of Peru needs to ensure it is considering and protecting not only the rights of the workers, the economy of the region, and the health and human rights of the citizens in La Oroya that would be harmed by reopening the complex, but also protecting the national economic interests.  Reopening the complex without clarifying the responsibilities for third party claims from cases such as the case pending in Missouri, would be folly and pose a significant economic risk for the nation.  This could even result in economic costs for the people of Peru that exceed the benefits obtained from operating the complex. If the Peruvian legislature believes that it can or should extend the PAMA, it should insist on at least three non-negotiable positions. First, that the Renco Group drop its international arbitration claim.  Second, that Doe Run agree that it will assume any liability in Missouri related to contamination stemming from the smelter in La Oroya.  Third, that DRP complete all of its environmental requirements—before starting any operation—so that Peru can begin its soil remediation efforts and protect the health and human rights of the children of La Oroya. Every day that the fate of the La Oroya metallurgical complex remains undecided without a final solution to the contamination, the citizens of La Oroya suffer grave health risks which in turn increase the harms for which both DRP and the government of Peru could be held liable.

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

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

Protecting the health of La Oroya's residents from toxic pollution

Doe Run Smelter in La Oroya, Peru, Loses Environmental Certification

FOR IMMEDIATE PUBLICATION: April 9, 2008 Press Contacts: Perry Gottesfeld, Executive Director OK International 415-362-9898 [email protected] Anna Cederstav, Ph.D. AIDA and Earthjustice 510-550-6700 [email protected] DOE RUN SMELTER IN LA OROYA, PERU, LOSES ENVIRONMENTAL CERTIFICATION  Lima, Peru – Doe Run Peru, which operates one of the largest metal-smelters in the hemisphere, has lost its Environmental Certification in a highly unusual move taken by the company’s independent third-party auditors. TUV Rheinland initially granted the certification less than two years ago, but revoked it March 11, 2008 citing non-compliance with Peruvian environmental laws and the lack of adequate pollution prevention measures. The loss of the certification comes on the heels of a $234,000 US fine imposed last year against Doe Run Peru for several serious violations of environmental laws in Peru. This week, Peruvian authorities released a report detailing those violations, including noncompliance with the standards for lead and particulate matter. Doe Run Peru obtained the environmental certification under ISO 14001 in 2006 calling it a “significant milestone in delivering on our commitments to our communities, our employees and the environment." The Doe Run Company’s web site calls the ISO certification an “internationally recognized symbol of a company’s dedication to superior quality, customer satisfaction and continuous improvement.” Nevertheless, a number of studies conducted by the government as well as international health experts have shown that almost all of the children living in the area surrounding Doe Run Peru’s smelter have unacceptably high levels of lead in their bodies. Many are severely exposed and require immediate medical treatment. “TUV Rheinland acted responsibly in taking this unprecedented action to underscore the need for Doe Run Peru to do more to protect public health in La Oroya” said Perry Gottesfeld, Executive Director of Occupational Knowledge International (USA). “Revoking the certification should send a strong message to Doe Run that they have much more work to do,.” said Anna Cederstav, Staff Scientist with AIDA and Earthjustice, and author of the book La Oroya Cannot Wait. “Nevertheless, we are still concerned that, if paid enough, another certifying body will agree to provide Doe Run with a similar certification.” she added. In 2006, several organizations filed a petition with the Inter-American Commission on Human Rights of the Organization of American States, seeking a recommendation that the Peruvian government implement urgent measures to halt the grave violations against the health and lives of the citizens of La Oroya. Last year, the Commission agreed and requested that the state implement such precautionary measures. The World Health Organization (WHO) estimates that 120 million people are overexposed to lead (approximately three times the number infected by HIV/AIDS) and 99 percent of the most severely affected reside in the developing world. Lead affects both children and adults and causes brain damage, metal retardation, and other learning disabilities in children. In addition to lead, the population of La Oroya is also exposed to extreme levels of other harmful contaminants, including arsenic, cadmium, and sulfur dioxide.

IACHR Forwards La Oroya Human Rights Petition to Peruvian Government for Comment

For immediate release: April 24, 2007   PRESS CONTACTS: Astrid Puentes, AIDA (+5255) 52120141 [email protected]                                     Martin Wagner, Earthjustice (510) 550-6700 [email protected] Carlos Chirinos (+511) 422-2720 [email protected]   U.S. Smelter's Pollution Now Human Rights Issue for Peru IACHR to Examine Peru’s Responsibility for Contamination from Doe Run Corp. Facility WASHINGTON DC, LIMA – The Inter-American Commission on Human Rights (a division of the Organization of American States) forwarded a petition alleging human rights violations to the Government of Peru, giving them two months to respond. The petition asserts that severe contamination from a smelter owned by U.S.-based Doe Run Corporation, and lack of effective pollution and human health controls by the government, gravely threaten the rights of the residents of La Oroya, Peru, including their rights to life, health, and integrity.   “This first step by the IACHR is good news,” assured Carlos Chirinos, an attorney with the Peruvian Society for Environmental Defense (SPDA), an organization that has been associated with the case since its inception, and one of the lawyers representing the community. “It shows the strength of our petition, and is a positive step in the process to identify the government’s responsibilities.”   The IACHR determined that the petition, prepared by Earthjustice, the Interamerican Association for Environmental Defense (AIDA), the Center for Human Rights and Environment (CEDHA), and Peruvian lawyer, Carlos Chirinos, met the Commission’s procedural requirements and forwarded it to the Peruvian government last week. According to the Commission’s rules, after this two-month period the IACHR will take into account Peru’s comments in evaluating the admissibility of the case, determining whether the contamination violates human rights, and the resulting responsibilities of the Peruvian government.   The Commission is simultaneously evaluating a request by these groups for precautionary measures to address the urgent health threats to the citizens in La Oroya. “We are now waiting for the government’s comments on the petition, as well as a decision by the Commission on the request for precautionary measures. These measures could help considerably to provide effective protection for the people’s human rights in La Oroya,” added Astrid Puentes of AIDA.   The precautionary measures requested include: adequate diagnosis and medical treatment for the persons represented, education programs and efficient access to information, effective emissions and contamination controls, an evaluation of contamination in key areas of the city, and implementation of adequate clean-up measures. According to Martin Wagner of Earthjustice, the goal of the precautionary measures is “to improve human rights conditions for the people we represent in La Oroya, and ensure that those responsible take definitive action to control the contamination.”

AIDA and Participating Organizations Submit La Oroya Petition to the Inter-American Commission on Human Rights

FOR IMMEDIATE RELEASE: March 21, 2007   Press Contacts: Astrid Puentes, AIDA (+5255) 52120141 [email protected] Luis Eduardo Cisneros (+511) 422-2720 [email protected] Martin Wagner (510) 550-6700 [email protected] Inter-American Commission on Human Rights to Examine Responsibility for Violations at La Oroya, Peru Children breathe sulfur dioxide pollution at 300 times level permitted by WHO Lima, Peru, Washington, D.C. — Public health and environmental organizations from throughout the Western Hemisphere today announced the filing of a petition with the human rights division of the Organization of American States in Washington, D.C. The petition accuses the Peruvian government of doing little to halt contamination from a metallurgical complex that is impacting the lives and health of the citizens of La Oroya, Peru.   The petition’s filing was announced at a press conference in Lima, Peru this morning by Carlos Chirinos of the Sociedad Peruana de Derecho Ambiental (SPDA), Astrid Puentes of the Interamerican Association Environmental Defense (AIDA), Earthjustice, and the Centro de Derechos Humanos y Ambiente (CEDHA).   The petition claims the Peruvian government failed to place pollution controls on the metallurgical complex that operates in La Oroya, a situation that tramples on the human rights of the town’s citizens. Located in the city of La Oroya, some 175 kms from Lima, the complex has been operating for 80 years. Doe Run Peru, a subsidiary of Doe Run Company of St. Louis, Missouri, USA owns the complex.   Recent monitoring of air quality – performed by Doe Run itself – has shown that daily average sulfur dioxide levels are between 80 and 300 times the maximum level permitted by the World Health Organization. The Blacksmith Institute even declared the city of La Oroya one of the Top Ten Most Polluted cities in the world.   The petition asks the Inter-American Commission on Human Rights (IACHR) to recommend that the Peruvian government implement urgent measures to halt the grave violations against the health and lives of the citizens of La Oroya. Learn more about the conditions in La Oroya by watching a short film: http://www.youtube.com/v/gY6WXa9aKrM   More Background http://www.aida-americas.org/en/project/doerun_en    Read a copy of the petition here (in Spanish).  

Inter-American Commission on Human Rights Asked to Prevent a Public Health Crisis in La Oroya, Peru

FOR IMMEDIATE RELEASE: November 21, 2005 Inter-American Commission on Human Rights Asked to Prevent A Public Health Crisis in La Oroya, Peru March 2005 study finds 99 percent of town’s children poisoned by lead   SAN JOSE, COSTA RICA – The Interamerican Association for Environmental Defense, along with participating organizations Earthjustice and the Center for Human Rights and Environment, asked the Inter-American Commission on Human Rights (IACHR) on behalf of a group of La Oroya residents, to take action to protect the right to life and health of residents of La Oroya, Peru.   The population in La Oroya is seriously affected by contamination from the operation of a lead and copper smelter. Specifically, the organizations asked that the Commission demand that the government of Peru: Provide adequate health examinations and medical attention for the citizens of La Oroya Implement educational and health programs Ensure appropriate evaluation and monitoring of the “Environmental Management and Mitigation Plan” proposed by the company Effectively control air emissions from the complex Evaluate the contamination levels in homes Take additional measures needed to ensure that the blood lead levels of La Oroya residents meet international health standards. The need to take action on behalf of this Andean city, located 175 km east of Lima, stems from the extreme amount of contamination that the smelter generates, particularly lead, arsenic, cadmium, and sulfur dioxide.   Since 1999, the Government of Peru has known that almost all the children living near the complex suffer from lead poisoning, yet has taken no action to remedy the situation. A March 2005 study again showed that 99 percent of the children tested had blood lead levels vastly exceeding the limits established by the US EPA and the World Health Organization.   “We are looking to lower the high levels of lead and other contaminants such as cadmium, arsenic and sulfur dioxide in the city. These generate serious public health problems, including high levels of respiratory illness such as asthma and bronchitis,” affirmed Earthjustice attorney Martin Wagner.   According to Romina Picolotti, CEDHA President, ”instead of protecting the health of its citizens, the Peruvian government has delayed the implementation of measures to control the contamination, and has failed to enforce health and environmental laws.” “This lack of action has increased the risk to health, life, and physical integrity suffered by citizens in La Oroya”, added Fernanda Doz Costa, attorney with CEDHA.   In April 2005, a Peruvian court ordered the State to take measures to protect the population, but this order was appealed and no action has been taken.   "There can be no doubt that the severe injuries caused by the contamination in La Oroya violates the residents’ fundamental human rights,” said Earthjustice attorney Martin Wagner. “Action by the Inter-American Commission could protect thousands of children and other victims from further injury.”  CONTACT: Carlos Chirinos, +511-422-2720 ([email protected]) Romina Picolotti, CEDHA +54 (351) 425-6278 ([email protected]) Astrid Puentes, AIDA +52 (55) 5212-0141 ([email protected]) Martin Wagner, Earthjustice +1 (510) 550-6700 ([email protected])

Judge Orders Measures to Protect Public Health in La Oroya

FOR IMMEDIATE RELEASE: April 14, 2005   Judge Orders Measures to Protect Public Health in La Oroya   In April of 2005, a Lima civil court ordered the Peruvian Ministry of Health (MINSA) and the General Directorate for Environmental Health (DIGESA) to take steps to alleviate a public health crisis in La Oroya, Peru, a city where the Doe Run company of Missouri operates a large multi-metal smelter. The court ruled that MINSA and DIGESA have failed to carry out the government’s duty to protect the population in La Oroya. In spite of numerous studies showing a severe health crisis in the city, the government has taken no action to protect public health. The Doe Run smelter emits large amounts of toxic heavy metals and sulfur dioxide into the environs of the city. According to a recent study by the company and health authorities, the contamination is so severe that 99.9 percent of the children in the neighborhood closest to the smelter—La Oroya Antigua—have blood lead levels that far exceed the permissible levels recommended by the World Health Organization.

Health Risks in La Oroya are Higher Than Expected: Lead and Lead Compounds Classified as Carcinogens (Spanish text)

PARA PUBLICACIÓN INMEDIATA: 8 de febrero de 2005 Contactos: Carlos Chirinos, SPDA, +51-4211394, [email protected] Eliana Ames, LABOR, +51-2616515, [email protected] Anna Cederstav, AIDA, +1-510-550-6748 (EEUU)   RIESGO DE SALUD EN LA OROYA ES MAYOR DE LO PENSADO: PLOMO Y COMPUESTOS DE PLOMO CLASIFICADOS COMO CANCERÍGENOS.   LIMA, PERÚ – El 31 de enero de 2005, el Departamento de Salud y Servicios Humanos de los Estados Unidos publicó el Informe Semestral sobre Cancerígenos, el cual incluye por primera vez el plomo y todos los compuestos con contenido de plomo como sustancias que probablemente causan cáncer en seres humanos. Este informe enlista las sustancias cancerígenas en dos categorías, aquellas “conocidas como cancerígenas para el hombre,”y aquellas “con probabilidad razonable de ser un cancerígeno para el hombre.”Debe resaltarse en este Informe la inclusión del plomo y de los compuestos del plomo en la categoría de “probabilidad razonable de ser un cancerígeno humano”. Esta nueva clasificación de plomo y todos los compuestos de plomo se ha basado en datos epidemiológicos de estudios en humanos y en evidencia sustancial de estudios en animales experimentales. Por ejemplo, se demostró que la exposición al plomo aumenta la presencia de tumores en los riñones, el cerebro, el sistema hematopoyético y los pulmones en ratas y/o ratones (IARC 1980, 1987). Todavía no se entienden completamente los mecanismos por los que el plomo causa cáncer, pero los estudios realizados en seres humanos que estuvieron expuestos por su ocupación al plomo, han sugerido que el plomo daña los cromosomas o el ADN, lo cual puede causar cáncer (ATSDR 1999, NTP 2003). El plomo es liberado en el ambiente predominantemente por procesos industriales. Dentro de estos procesos, las fundiciones de plomo por sí solas son actualmente la fuente principal de las emisiones de este metal pesado, contabilizando más del 78% de todas emisiones de plomo en 2001 en los Estados Unidos (EPA 2003). Además de incluir el plomo y sus compuestos en la clasificación de sustancias con “probabilidad razonable de ser un cancerígeno para el hombre”, en noviembre de 2004 la Agencia de Protección Ambiental (EPA) de los Estados Unidos anunció el inicio de un proceso de recopilación de información necesaria para revisar los estándares de calidad de aire respecto del plomo. El estándar actual de los Estados Unidos de 1.5 ug/m3 como promedio anual, el que sirvió de base a los estándares fijados para el Perú en 2003, no ha sido revisado en más de veinte años, por lo que no toma en cuenta la información científica más reciente y esta alejado de los estándares internacionales. De hecho, el estándar de la Organización Mundial de la Salud (OMS) es de 0.5 microgramos de plomo por metro cúbico en el aire, siendo hasta tres veces más estricto que el de los Estados Unidos. Estas ultimas dos acciones del gobierno de los Estados Unidos evidencian la rigurosidad necesaria con la que se viene asumiendo el tema del plomo, debido al alto riesgo que este conlleva para la salud humana. En contraste, en el caso peruano resulta particularmente preocupante la situación de ciudades como La Oroya y otras poblaciones ubicadas en áreas de influencia minero metalúrgicas en donde se producen concentrados de plomo, por las altas concentraciones de este contaminante, que claramente representan un riesgo para las personas. No hay duda entonces de la urgencia de implementar medidas eficientes para evitar el aumento del riesgo para la salud humana, incluso la posibilidad de sufrir cáncer, que enfrentan las personas que viven y trabajan en estos lugares.