Project
Protecting the health of La Oroya's residents from toxic pollution
For more than 20 years, residents of La Oroya have been seeking justice and reparations after a metallurgical complex caused heavy metal pollution in their community—in violation of their fundamental rights—and the government failed to take adequate measures to protect them.
On March 22, 2024, the Inter-American Court of Human Rights issued its judgment in the case. It found Peru responsible and ordered it to adopt comprehensive reparation measures. This decision is a historic opportunity to restore the rights of the victims, as well as an important precedent for the protection of the right to a healthy environment in Latin America and for adequate state oversight of corporate activities.
Background
La Oroya is a small city in Peru’s central mountain range, in the department of Junín, about 176 km from Lima. It has a population of around 30,000 inhabitants.
There, in 1922, the U.S. company Cerro de Pasco Cooper Corporation installed the La Oroya Metallurgical Complex to process ore concentrates with high levels of lead, copper, zinc, silver and gold, as well as other contaminants such as sulfur, cadmium and arsenic.
The complex was nationalized in 1974 and operated by the State until 1997, when it was acquired by the US Doe Run Company through its subsidiary Doe Run Peru. In 2009, due to the company's financial crisis, the complex's operations were suspended.
Decades of damage to public health
The Peruvian State - due to the lack of adequate control systems, constant supervision, imposition of sanctions and adoption of immediate actions - has allowed the metallurgical complex to generate very high levels of contamination for decades that have seriously affected the health of residents of La Oroya for generations.
Those living in La Oroya have a higher risk or propensity to develop cancer due to historical exposure to heavy metals. While the health effects of toxic contamination are not immediately noticeable, they may be irreversible or become evident over the long term, affecting the population at various levels. Moreover, the impacts have been differentiated —and even more severe— among children, women and the elderly.
Most of the affected people presented lead levels higher than those recommended by the World Health Organization and, in some cases, higher levels of arsenic and cadmium; in addition to stress, anxiety, skin disorders, gastric problems, chronic headaches and respiratory or cardiac problems, among others.
The search for justice
Over time, several actions were brought at the national and international levels to obtain oversight of the metallurgical complex and its impacts, as well as to obtain redress for the violation of the rights of affected people.
AIDA became involved with La Oroya in 1997 and, since then, we’ve employed various strategies to protect public health, the environment and the rights of its inhabitants.
In 2002, our publication La Oroya Cannot Wait helped to make La Oroya's situation visible internationally and demand remedial measures.
That same year, a group of residents of La Oroya filed an enforcement action against the Ministry of Health and the General Directorate of Environmental Health to protect their rights and those of the rest of the population.
In 2006, they obtained a partially favorable decision from the Constitutional Court that ordered protective measures. However, after more than 14 years, no measures were taken to implement the ruling and the highest court did not take action to enforce it.
Given the lack of effective responses at the national level, AIDA —together with an international coalition of organizations— took the case to the Inter-American Commission on Human Rights (IACHR) and in November 2005 requested measures to protect the right to life, personal integrity and health of the people affected. In 2006, we filed a complaint with the IACHR against the Peruvian State for the violation of the human rights of La Oroya residents.
In 2007, in response to the petition, the IACHR granted protection measures to 65 people from La Oroya and in 2016 extended them to another 15.
Current Situation
To date, the protection measures granted by the IACHR are still in effect. Although the State has issued some decisions to somewhat control the company and the levels of contamination in the area, these have not been effective in protecting the rights of the population or in urgently implementing the necessary actions in La Oroya.
Although the levels of lead and other heavy metals in the blood have decreased since the suspension of operations at the complex, this does not imply that the effects of the contamination have disappeared because the metals remain in other parts of the body and their impacts can appear over the years. The State has not carried out a comprehensive diagnosis and follow-up of the people who were highly exposed to heavy metals at La Oroya. There is also a lack of an epidemiological and blood study on children to show the current state of contamination of the population and its comparison with the studies carried out between 1999 and 2005.
The case before the Inter-American Court
As for the international complaint, in October 2021 —15 years after the process began— the IACHR adopted a decision on the merits of the case and submitted it to the Inter-American Court of Human Rights, after establishing the international responsibility of the Peruvian State in the violation of human rights of residents of La Oroya.
The Court heard the case at a public hearing in October 2022. More than a year later, on March 22, 2024, the international court issued its judgment. In its ruling, the first of its kind, it held Peru responsible for violating the rights of the residents of La Oroya and ordered the government to adopt comprehensive reparation measures, including environmental remediation, reduction and mitigation of polluting emissions, air quality monitoring, free and specialized medical care, compensation, and a resettlement plan for the affected people.
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5 milestones in the "Inhabitants of La Oroya v. Peru" case ruling
Our long-fought victory before the Inter-American Court sets important precedents for all communities seeking environmental justice in the Americas. The story of the community of La Oroya, Peru, in its quest for justice and reparations spans decades. The perseverance of the residents of this Andean town has borne fruit for the entire region, as they achieved a victory that sets important precedents for all communities seeking environmental justice on the continent. The Inter-American Court of Human Rights ruled in favor of the community of La Oroya, holding the Peruvian state responsible for violating the right to a healthy environment and other related rights, such as health and life, of its inhabitants by failing to take timely and effective measures to protect them from extreme levels of pollution from a metallurgical complex. AIDA has led the case from its inception, bringing La Oroya's struggle to the Inter-American Human Rights System and providing legal representation to the victims before the Court. Why is the international court’s ruling in "Community of La Oroya vs. Peru" such a joy and a door opener for us? We explain below, how the ruling: 1. Responds to the first case of its kind before the Inter-American Court. This is the first time the Inter-American Court has ruled on a case of toxic air and environmental pollution in an urban community. In its ruling, the Court recognized the disparate impact on women, children, and other vulnerable populations. It also addressed the importance of the rights of access to information and participation. 2. Recognizes and values the importance of a healthy environment as a human right. The Court recognized this right as a jus cogens (mandatory) norm and clarified the obligations of states to ensure a healthy environment for all people. A key point of the judgment is that states must avoid, prevent, and control environmental damage and its effects on human health by using all the means at their disposal. 3. Opens the door to accountability. The ruling sets precedents to hold states and companies accountable for taking the necessary measures to avoid lifelong impacts on people's health and the environment. The Peruvian state must provide financial compensation to the affected people of La Oroya, provide free and specialized medical care, adopt non-recurrence measures, and monitor air and water quality in places where mining activities are taking place. 4. Establishes the responsibility of the State in a case of contamination. In addition to stating that companies must act with due diligence and respect for human rights, the Court concluded in its ruling that the Peruvian state should have acted to protect and guarantee the rights of the people exposed to the contamination, using, among other tools, the precautionary principle. 5. Sets precedents for the entire region. The ruling goes beyond the Peruvian context, as it is binding on States Parties to the American Convention on Human Rights and sets an important precedent in Latin America for the protection of the right to a healthy environment and for the adequate supervision by States of corporate activities.
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Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment
The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107
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Voices seeking justice for the community of La Oroya
The situation of the community of La Oroya in Peru, affected by decades of toxic pollution and the lack of effective government action to combat it, is not an exception in Latin America. Unfortunately, there are many environmental and social sacrifice zones in the continent where highly polluting activities, such as the La Oroya metallurgical complex, are developed. These activities are poorly supervised by the authorities responsible for guaranteeing life, health, personal integrity and other human rights. The importance of the case responds precisely to these realities and transcends the Peruvian context, representing a historic opportunity to set an important precedent for the entire continent. The Inter-American Court of Human Rights, which has yet to rule on the responsibility of the Peruvian state and the reparations to be made to the victims, has taken up the case. In anticipation of the decision, we’d like to share the testimonies of those who have been a key part of the search for justice for La Oroya. They are voices that demonstrate the gravity of the damage caused, and that show that the road to justice has been long, but fruitful. They are voices that express the urgency of guaranteeing a better future for the inhabitants of La Oroya and, ultimately, the effective enjoyment of the right to a healthy environment in the continent. 1. yolanda zurita, petitioner in the case "Community of La Oroya v. Peru" before the Inter-American Human Rights System: 2. anna cederstav, AIDA’s Deputy Director and CFO: 3. Liliana Ávila, Coordinator of AIDA's Human Rights and Environment Program:
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