
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.
Partners:

Related projects

In Xingu management plan, Brazil leaves communities without water
The proposed Xingu River management plan puts at risk the people, plants and animals of the Amazon region. AIDA requested that the Inter-American Commission on Human Rights urge Brazil to stop the plan and establish a socially and environmentally appropriate alternative. Washington, D.C. and Altamira, Brazil. By authorizing the construction of the Belo Monte Dam in the heart of the Amazon, the Brazilian government endorsed a management plan for the flow of the Xingu River that would leave the indigenous and riverine communities of the area without the water they need to survive. The plan is in a testing phase but is expected to be implemented next year, once all the turbines of the hydroelectric plant are installed. The Interamerican Association of Environment Defense (AIDA) sent a report to the Inter-American Commission on Human Rights detailing the serious socio-environmental risks of the plan. In it, we requested that the Commission urge Brazil to stop the plan’s implementation and create an alternative plan that guarantees biodiversity and protects the communities’ ways of life. “The authorized plan for the management of the river’s flow threatens the existence of indigenous and riverine communities, and places at risk of extinction the fish and the forests—natural resources on which the physical and cultural lives of the communities depend,” said Liliana Ávila, Senior AIDA Attorney. The plan, called a consensual hydrogram, establishes the volume of water that will pass through a specific part of the river, called the Vuelta Grande, and the part that will be diverted for energy production. It is intended to artificially reproduce the natural flow of the river in times of flood and drought. Norte Energía, the consortium in charge of the dam, proposes an average minimum flow rate of 4,000 cubic meters per second over the course of a year, and 8,000 cubic meters per second for the following year, beginning in 2019. It proposes a minimum flow rate of 700 cubic meters per second for the dry season. The report sent to the Commission, however, details scientific and social evidence that demonstrates that these water levels are significantly lower than the historical river flow and do not guarantee that fish and alluvial forests can survive the proposed reduction in the short- and medium-term. The evidence—which includes information from both the Brazilian Institute of the Environment and Renewable Natural Resources and community monitoring—also shows that some aquatic species, such as chelonians, can only feed and reproduce with minimum flows of 13,000 cubic meters per second in times of flooding, and that the volume proposed for the dry season could make the river unnavigable. “The management plan did not take into account the monitoring done by the Juruna people in collaboration with the Federal University of the State of Pará and the Socio-environmental Institute (ISA),” said AIDA attorney Marcella Ribeiro. “In 2016, with water levels higher than those proposed, communities were already reporting the mass die-off of fish.” AIDA sent the report to the Commission as part of a formal complaint against the Brazilian State for the human rights violations caused by the dam’s construction. In May, together with partner organizations, we presented our final arguments in the case, evidencing damages already caused, including the forced displacement of indigenous and riverine communities, the massive death of fish, differentiated damages to men and women, and threats to the survival of the communities. Find more information on the case here. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213
Read more
We all deserve to breathe clean air
I was born and raised in Bogota, Colombia’s bustling capital city. When I was a child, I grew accustomed to the chaos of the streets—thousands of cars and buses spewing black smoke into the air, the endless honking of horns. It was normal to see massive smokestacks and smell bad odors. I thought all cities were that way, and that nature and clean air only existed in places far from home. I was used to having health problems: headaches, rashes, eye and throat irritation, coughs and hay fever. I never questioned why my sisters and I were constantly fighting these “environmental allergies.” Pollution even prevented me from enjoying the outdoors. I couldn’t easily walk or ride my bike, for example, because my lungs struggled from the soot emitted by passing trucks and buses. There were days I had to leave my house wearing a mask, and times when we were forbidden from playing outside due to the pollution. Air pollution: a silent killer As an adult, I realized that environmental allergies are not the norm. Often, they are caused by constantly breathing in black carbon, ozone, sulfur dioxide and other pollutants that cars, buses and factories emit into the atmosphere each day. I realized that air pollution is a serious threat to quality of life and to a person’s health, especially among the most vulnerable, like our children and the elderly. According to the World Health Organization, millions of people die each year from illnesses related to air pollution. In Latin America, it is the number one environmental health risk, and causes more than 150,000 premature deaths per year. Cities like Mexico City, Monterrey (Mexico), Cochabamba (Bolivia), Santiago de Chile, Lima (Peru), Medellin (Colombia), San Salvador (El Salvador) and Bogota have the highest levels of air pollution in the region. When cities are allowed to expand without regulation, population skyrockets—and with it, so do the number of cars and trucks and factories. I worry about the future of my family in that scenario. I don’t want the air we breathe to negatively impact our health. My husband, who is not from Bogota, moved there to be with me. One year later, he was diagnosed with asthma. When my daughter was just two months old, she had a respiratory infection that put her in intensive care for several days. The cause of both their illnesses: the city’s poor air quality. Stopping the contamination The majority of the world’s population lives in cities. And while we can’t expect our cities to be pristine, natural ecosystems, they should provide people with the minimal conditions they need to lead dignified, healthy lives. That’s why AIDA works to improve air quality in Latin America, advocating for the protection of our children and other populations highly vulnerable to atmospheric contamination. We are raising awareness among policy makers about the importance of regulating short-lived climate pollutants (SLCPs), which stay in the atmosphere for a relatively short period of time. Unlike carbon dioxide, which can stay in the atmosphere for centuries, SLCPs remain in the air from a few days to a few decades. SLCPs include soot (also known as black carbon) and methane gas. These contaminants are major contributors to climate change, degrade air quality and have serious impacts on food security and human health. Effectively reducing them could significantly improve air quality and advance the fight against climate change in the short-term. Through our experience in international law, we’re seeking ways to regulate these short-lived pollutants across Latin America. Because having clean air to breath is one of life’s basic needs. Clean air shouldn’t be a luxury.
Read more
Infographic: Advisory Opinion 23
The Inter-American Court of Human Rights, the Observatory of the Inter-American Human Rights System of the UNAM (OSIDH), the Due Process Foundation (DPLF), AIDA and the Institute of Constitutional Studies of the State of Querétaro present this infographic on the Court's Advisory Opinion 23. The main objective is to make available to all interested persons the main points and standards developed by the Court regarding the obligations of States regarding the environment and its relationship with human rights. We hope that this joint initiative will contribute to the full validity and guarantee of economic, social, cultural and environmental rights in the region. Advisory Opinion 23, issued on November 15, 2017, establishes a historical precedent for the protection of human rights in the continent. Download the infographic in Spanish Download the infographic in Portuguese Download the infographic in French Advisory Opinion (full text) English Spanish
Read more