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
Did you know coral reefs produce medicine?
“How can coral reefs contribute to modern medicine?” I wondered as I spoke to a group of doctors and nurses working on liver disease in Mexico. My uncle is part of the organization (Amihigo) and has long been interested in my work as a marine attorney with AIDA. When I got back from the meeting, the information I found backed up our discussion and clarified the link between our two worlds: coral reefs are natural, underwater pharmacies. The plants and animals living in reefs have developed chemical compounds to protect themselves against predators, fight diseases, and prevent the excessive growth of competing organisms. Corals have been recognized as an important source of new drugs to treat cancer, arthritis, Alzheimer’s, bacterial infections, viruses and heart disease, among other serious illnesses, according to the US-based National Ocean Service. The pharmaceutical industry has found corals provide value in the development of new products. Certain corals, for example, stimulate the welding of broken bones. Components of a Caribbean sponge allow for the creation of Zidovudina, a medicine used to treat HIV. Despite these discoveries, the medical use of coral reefs is considered underdeveloped. As an environmental attorney, what I take away from this realization is that if coral reefs are not effectively preserved, their great potential for modern medicine will never be fully realized. It’s a real threat. Studies estimate that 30 percent of the world’s reefs are already seriously damaged, and that 60 percent could disappear by 2030 due to water pollution, destructive fishing methods, overfishing, and other unsustainable human activities. Compounding these is the growing threat of climate change. Several Latin American nations are blessed with large areas of coral reefs that provide environmental and social benefits. But many don’t do enough to protect that wealth. Mexico’s coastline extends for more than 11 thousand kilometers, featuring 5,100 square kilometers of islands, reefs and cays. Its coral reefs span six major regions: the Gulf of California and the Western Mexican Pacific Coast, the Revillagigedo Archipelago, the Marias Islands, the South Pacific Coast, the Gulf of Mexico Reef Corridor and the Campeche Bank, and the Mexican Caribbean. The loss and degradation of these rich reef systems is a growing problem across the country. Unsustainable and poorly planned urban and coastal development is causing sedimentation and pollution, resulting in the growth of microalgae that rob light and oxygen, effectively suffocating the corals. In the Veracruz Reef System, the largest in the Gulf of Mexico, the expansion of the Port of Veracruz is doing just that. To protect reefs, it’s imperative that governments act with caution when approving land use in urban development plans to avoid damaging coastal wetlands (lagoons, bays, mangroves, coastal dunes and sea grasses, among others), and that they adopt adequate measures for wastewater treatment. The protection and restoration of coral reefs and coastal wetlands should be prioritized over economic interests and short-term economic benefits. Effective reef conservation can also be supported by good regulation practices. Measures to protect key species such as the parrotfish from overfishing, for example, would go a long was to preserving the health of coral reefs. And we now know that the health of those reefs is directly tied to our own. It’s important the health industry—from doctors and patients to scientists and pharmacists—join the call to conserve our coral reefs, natural medicine banks that can help guarantee our rights to a dignified life and a healthy environment.
Read more
Organizations call for support for communities affected by Colombia’s Hidroituango dam
Communities affected by the Hidroituango dam have denounced the murder of two of their members over the past few days. In addition, a recent obstruction in one of the dam’s tunnels means the dam is at risk of overflowing, which could cause an avalanche of mud and debris. Allies are calling on authorities to investigate the harms to local communities and provide adequate support for those affected. Two members of Movimiento Ríos Vivos Antioquia, the coalition of communities affected by Colombia’s Hidroituango Dam, have been murdered in the last several days. Hugo Albeiro George Pérez and Luis Alberto Torres Montoya were murdered on May 2 and 8, respectively, according to statements from Ríos Vivos. Members of the movement have also suffered threats, intimidation, and human rights violations due to their defense of their land and the Cauca River. At the same time, residents of towns downstream from the dam are living in fear and uncertainty this week, faced with a potential environmental catastrophe. The imminent danger is caused by an obstruction in one of the dam’s diversion tunnels that, by interrupting the flow of the Cauca River, could cause the dam to overflow with such force that it would release not just water but an avalanche of mud and debris. The Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and the International Accountability Project (IAP) express our support for Movimiento Ríos Vivos of Antioquia and the communities affected by the Hidroituango Dam in Colombia. We demand that Colombia’s environmental authorities find and punish those responsible for the murders, as well as investigate the ongoing damages caused by the dam’s construction. We also call on the national government to promptly and adequately provide support for affected families. Hidroituango, expected to become Colombia’s largest dam, will affect 12 municipalities, changing the lives of thousand of families that depend directly on the river. The project has received funding from IDB Invest, the private-sector branch of the Inter-American Development Bank. Press contact: Víctor Quintanilla, AIDA, +521 5570522107, [email protected]
Read moreOrganizations call for support for communities affected by Colombia’s Hidroituango dam
Communities affected by the Hidroituango dam have denounced the murder of two of their members over the past few days. In addition, a recent obstruction in one of the dam’s tunnels means the dam is at risk of overflowing, which could cause an avalanche of mud and debris. Allies are calling on authorities to investigate the harms to local communities and provide adequate support for those affected. Two members of Movimiento Ríos Vivos Antioquia, the coalition of communities affected by Colombia’s Hidroituango Dam, have been murdered in the last several days. Hugo Albeiro George Pérez and Luis Alberto Torres Montoya were murdered on May 2 and 8, respectively, according to statements from Ríos Vivos. Members of the movement have also suffered threats, intimidation, and human rights violations due to their defense of their land and the Cauca River. At the same time, residents of towns downstream from the dam are living in fear and uncertainty this week, faced with a potential environmental catastrophe. The imminent danger is caused by an obstruction in one of the dam’s diversion tunnels that, by interrupting the flow of the Cauca River, could cause the dam to overflow with such force that it would release not just water but an avalanche of mud and debris. The Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and the International Accountability Project (IAP) express our support for Movimiento Ríos Vivos of Antioquia and the communities affected by the Hidroituango Dam in Colombia. We demand that Colombia’s environmental authorities find and punish those responsible for the murders, as well as investigate the ongoing damages caused by the dam’s construction. We also call on the national government to promptly and adequately provide support for affected families. Hidroituango, expected to become Colombia’s largest dam, will affect 12 municipalities, changing the lives of thousand of families that depend directly on the river. The project has received funding from IDB Invest, the private-sector branch of the Inter-American Development Bank. Press contact: Víctor Quintanilla, AIDA, +521 5570522107, [email protected]
Read more