Press Center

April 24 2007 Toxic Pollution, Human Rights

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.”

March 21 2007 Toxic Pollution, Human Rights

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).

February 14 2007

Plan Colombia Aerial Herbicide Spraying Not Proved Safe for the Environment – Released to US Congress

For Immediate Release February 14, 2007 CONTACTS: Anna Cederstav, AIDA (510) 550-6700 [email protected] Astrid Puentes, AIDA (5255) 52120141 [email protected] PLAN COLOMBIA AERIAL HERBICIDE SPRAYING NOT PROVEN SAFE FOR THE ENVIRONMENT Critique of recent studies by international environmental NGO released to Congress today OAKLAND, CA, MÉXICO, D.F. - In December, the Colombian government violated a bilateral accord with Ecuador by spraying a mixture of herbicides intended to destroy coca crops within 10 kilometers of the Ecuadorian border. To justify the spraying, Colombia relied on studies by a team from the Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS), claiming that the spray mixture is safe. However, an independent review of CICAD’s recent studies, released to members of the U.S. Congress today, shows that the pesticide mixture being sprayed has not, in fact, been proven safe for the environment, and that Ecuador has substantial cause to oppose the spraying. According to the Interamerican Association for Environmental Defense (AIDA), the first CICAD Environmental and Human Health Assessment of the Aerial Spray Program for Coca and Poppy Control in Colombia, released in 2005, did not assess many of the greatest potential ecological and human health risks posed by the aerial eradication program in Colombia. Because of these omissions and the potential environmental risk of the spraying, the U.S. Congress requested further studies to better assess whether the mixture is truly safe for the environment. Preliminary results from the follow-up studies, released in August 2006, show that the mixture is indeed potentially harmful to the environment, and particularly to amphibians – the spray mixture killed 50 percent of the amphibians exposed in less than 96 hours. According to Earthjustice scientist and AIDA’s Program Director Anna Cederstav, “Contrary to what is argued by the government, this study shows sufficient cause for concern to suspend the sprayings due to potential environmental impacts, especially considering that Colombia has the second highest amphibian biodiversity in the world and the most threatened amphibian species.” Many other key questions about the environmental impacts of the spraying also remain unanswered, despite the U.S. Congressional mandate to conduct the studies. For example, the State Department has not provided adequate information about the location of and risk to sensitive water bodies and has done nothing to address whether other threatened species are likely to be harmed. Without these determinations, the claim by the Colombian government that it is safe to spray along the Ecuadorian border is misinformed. “Given the number of unanswered questions about the safety of the spraying, and considering the precautionary principle and the international obligation not to cause impacts to the territories of other States, the Colombian government should halt spraying immediately, and instead implement more effective and environmentally safe alternatives for coca eradication,” said Astrid Puentes, AIDA’s Legal Director.

December 01 2006

AIDA critical of Colombian spraying in Ecuadorian border region

AIDA critical of Colombian spraying in Ecuadorian border region The Colombian government is violating a bilateral accord with Ecuador by spraying a mixture of herbicides intended to destroy coca crops within 10 kilometers of the Ecuadorian border. Colombia is relying on studies by a team from the Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) to claim that the spray mixture is safe. AIDA’s independent review of CICAD's recent studies, however, shows that the pesticide mixture being sprayed has not, in fact, been proven safe for the environment, and that Ecuador has substantial cause to oppose the sprayings. The first CICAD Environmental and Human Health Assessment of the Aerial Spray Program for Coca and Poppy Control in Colombia, released in 2005, did not assess many of the greatest potential ecological and human health risks posed by the aerial eradication program in Colombia. The U.S. Congress requested further studies to determine whether the mixture is truly harmful to the environment. Preliminary results from the follow-up studies, released in August 2006, show that the mixture is indeed potentially harmful to the environment, and particularly to amphibians – the spray mixture killed 50 percent of the amphibians exposed within 96 hours. Additionally, the State Department has not provided adequate information about the location of and risk to sensitive water bodies and has done nothing to address whether other threatened species are likely to be harmed. Without these determinations, any claim by the Colombian government that the spray mixture is safe enough to spray along the Ecuadorian border is misinformed.

August 01 2006

AIDA Calls for Alternative Development Programs in Colombia

AIDA Report Highlights Need for Alternative Programs in Colombia After six years of spraying herbicides over large areas of the Colombian countryside under "Plan Colombia," the aerial spraying program has failed to meet the goal of eliminating 50 percent of illicit crops in this country. Despite an investment of nearly US$1.2 billion, and the spraying of more than four times the initial area of coca crops, coca cultivation in Colombia continues, at nearly the same levels as when the program originated. Meanwhile, the spraying continues to cause severe social impacts and pose unknown environmental risk. AIDA has prepared a report analyzing some of the participatory, sustainable, alternative development programs that have proven more effective than aerial spraying. The report recommends that the U.S. and Colombian governments reevaluate the current policy and substantially increase support for such alternatives. The report highlights the need for a comprehensive approach to the problem of illegal crop cultivation, with a strategy that addresses the root-causes of the problem. The report provides detailed information and an analysis of five programs implemented by different actors, all of which can serve as models or provide lessons learned for new programs. Although improvements can still be made, alternative development programs have yielded concrete, positive results and have been far more cost-effective than the spraying program.

June 01 2006 Large Dams, Indigenous Rights, Freshwater Sources

Legal victory! - Peruvian Constitutional Tribunal Orders the Government to Address the Public Health Emergency in La Oroya

FOR IMMEDIATE RELEASE: May 12, 2006 Contact: Dr. Anna Cederstav, Earthjustice/AIDA, (English) (510) 457-4010 [email protected] Dr. Carlos Chirinos, SPDA, (Spanish) (+511) 441-9171 [email protected] Hunter Farrell, MOSAO/Technical Roundtable, English (+511) 97094921 Legal victory! Peru Supreme Court Demands Government Protect Public Health from Doe Run Smelter in La Oroya LIMA, PERU — Peru's Supreme Court has given the Ministry of Health 30 days to declare a health emergency in La Oroya, and to put in place an emergency health plan for the city, widely considered one of the most contaminated cities in the Western Hemisphere. The city is the home of a multi-metal smelter, owned and operated by the Doe Run Company of St. Louis, Missouri, one of the companies owned by Mr. Ira Rennert and the Renco group of New York. While the ruling named the Health Ministry as the agency primarily responsible for protecting the health of La Oroya's population, it also called on the Doe Run Company to reduce toxic contamination and protect public health in La Oroya. The ruling requires the Health Ministry to pay special attention to health risks faced by children and pregnant women. “This is great news for the citizens of La Oroya, who have received justice from the Courts, and who -- in spite of having been threatened and persecuted for their role in demanding health protection in La Oroya -- had faith that justice would prevail,” said Dr. Carlos Chirinos, the attorney with the Peruvian Society for Environmental Law responsible for bringing the case almost four years ago. An initial victory in the lower court had been immediately appealed by Peru's Health Ministry, forcing the plaintiffs to bring the suit to the Supreme Court. The Supreme Court ruling allows 30 days for the Health Ministry to declare a health emergency in La Oroya, an action demanded by the Movement for Health in La Oroya (MOSAO) since 2003. A spokeswoman for the group, Dr. Eliana Ames, expressed satisfaction with the ruling: "This is the first time the Peruvian Government has acted to defend the health of all La Oroya's children and population." Earlier efforts of Peru's Environmental Health Authority (DIGESA) were limited to a few hundred of La Oroya's estimated 10,000 children, more than 97% of whom suffer from excessive levels of lead, according to last year's study by the St. Louis University's Public Health School. A related request to protect health by issuing precautionary measures for La Oroya is still pending before the Inter-American Commission on Human Rights. This case was brought by AIDA (Interamerican Association for Environmental Defense), Earthjustice, CEDHA (Center for Human Rights and Environment), and Carlos Chirinos.

November 21 2005 Human Rights, Toxic Pollution

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])

April 14 2005 Human Rights, Toxic Pollution

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.

March 30 2005 Oceans

Legal Action Temporarily Protects Leatherback Sea Turtles in Costa Rica

FOR IMMEDIATE RELEASE March 30, 2005 CONTACTS: Rolando Castro, CEDARENA, (506) 283-7080, [email protected] Anna Cederstav, AIDA / Earthjustice (510) 550-6700, [email protected] LEGAL ACTION TEMPORARILY PROTECTS LEATHERBACK SEA TURTLES IN COSTA RICA SAN JOSE, Costa Rica — By admitting a suit filed by environmental organizations to protect the leatherback turtle, the Constitutional Chamber of the Costa Rica Supreme Court has granted an injunction against construction projects in the Leatherback Turtle Marine Park. The defendants -- the National Technical Environmental Secretariat (SETENA), the Municipality of Santa Cruz, the Ministry of Finance, and the Ministry of Environment and Energy, are charged with violating the constitutional right to a healthy environment. The suit, brought by the Interamerican Association for Environmental Defense (AIDA) and its Costa Rican participating organizations – the Environmental and Natural Resources Law Center (CEDARENA), and Justice for Nature (JPN) – seeks the effective protection of the park. Specifically, the suit aims to halt construction of beach houses and tourist developments within the national park area, and to prevent the government from authorizing potentially detrimental construction before the lands dedicated to the park have been protected. The leatherback turtles are ancient reptiles surviving from the age of the dinosaurs. The species is highly endangered; with Pacific populations threatened with extinction within a decade, and as such is protected under various international treaties and the Costa Rican legislation. The presence of humans and particularly lights from houses, disturb turtles coming ashore to lay eggs and prevent the hatchlings from finding their way to the sea, thus posing a severe threat to the reproduction and future viability of the leatherback turtle. The Costa Rican Congress created the Leatherback Turtle Marine Park in 1995, to protect critical habitat where the leatherback turtle is known to reproduce. The park includes the most important remaining nesting beaches on the Pacific Coast of the Americas -- The Carbon, Ventanas, Langosta, and Grande beaches. In fact, eighty percent of the leatherbacks that nested in the 2001-2002 seasons in Costa Rica did so in the Park. Other Costa Rican nesting beaches, such as Flamingo, and Tamarindo, have already been destroyed by the lack of coastal environmental planning. “The Leatherback Marine Park should be protected from poorly planned development,” said Anna Cederstav, AIDA Program Director. “Costa Rica has an important opportunity to protect this species, which is not only part of our global environmental heritage but also a valuable economic resource for the nation.” In a 2004 report, the Costa Rican General Attorney’s office urged the authorities to not permit construction in the Park, citing impacts on the leatherbacks. The recommendation has not been heeded. The NGOs assert that the government has failed to fulfill their obligations to protect the Park and endangered marine biodiversity. The Santa Cruz Municipality should defend local interests and guarantee environmental protection within its jurisdiction. SETENA must ensure that development does not damage fragile ecosystems and protected areas. The Ministry of Environment is responsible for expropriating and conserving the land within the national park limits, and the Ministry of Finance is supposed to dedicate the necessary funds. “The injunction against construction and further permitting sends a clear message to SETENA and the Municipality that in the case of National Parks, governments must act with caution and not approve projects that threaten the ultimate goal for which the parks were established,” said Rolando Castro, attorney with CEDARENA. “We trust that the Constitutional Court will decide in favor of the leatherback turtle, a species that the court has previously determined to be a shared and highly migratory resource. The Park has great potential for scientific and tourism purposes and is an important source of local income.” This case will prevent irreparable damage to the area designated as National Park while the expropriation proceeds, and will establish an important precedent in that there are many other parks, not only in Costa Rica but throughout the Americas, that face similar threats.

February 08 2004 Human Rights, Toxic Pollution

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.