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
Turtles, sharks and tuna: why we’re working to protect our ocean
About a third of the world’s fisheries have crashed, and the rest are in bad shape. It’s a stark reality that affects not just our own food security, but the health and future of the many creatures that travel through the farthest reachs of our ocean. Out in the high seas, far beyond view of our coasts, sharks and whales glide through the deep blue water; a lone sea turtle pops her head up for air, catching a glimpse of the birds soaring overhead. Far from national boundaries, and protected by no country, these deep waters are rich in biodiversity—sustaining everything from corals to mammals to the fish we eat. Despite their importance, these international waters—and the life within them—are at risk. A lack of coordinated oversight has led to overfishing, illegal fishing, pollution, and habitat destruction. Marine life struggles with all these stressors—and a warming climate. A unique refuge Through their interactions with Latin America’s coasts, the high seas form rich environments called outcropping systems. Near Chile, Costa Rica, Mexico, Panama and Brazil, these nutrient-rich waters feed species of great ecological and commercial importance. Within them live the mahi mahi, yellowfin and bluefin tuna, sailfish, swordfish, and others on which the fishing industry—and therefore much of the region’s economy—depends. In fact, deep-sea fishing for tuna and similar species in the Atlantic and Pacific oceans generates more than $1.2 billion in revenue a year, according to the Inter-American Tropical Tuna Commission. In the Eastern Tropical Pacific, it’s estimated that a single hammerhead shark generates as much as $1.6 million dollars in tourism throughout its 35-year lifespan, according to a study by the University of Costa Rica. Beyond the economic value they provide to humans, the high seas also hold tremendous value for the species that depend on them. Five species of sea turtle, most of which are threatened, migrate through these waters to lay their eggs on coastal beaches. The outcropping systems also provide essential breeding grounds for blue and humpback whales. Nobody governs the high seas According to a 2014 Global Ocean Commission report, the degradation of these important ecosystems is driving the entire ocean to the point of collapse. In fact, 12 percent of the species living in the Eastern Tropical Pacific are in danger of extinction, according to the International Union for the Conservation of Nature. Current international legislation has gaps that leave these offshore waters unprotected, further endangering the marine life that lives in them, explains Gladys Martínez, AIDA’s Senior Marine Attorney. The greatest current need is to create marine protected areas, off-limits to commercial activity. We also need an authority that mandates environmental impact assessments for activities on the high seas—something that was not contemplated when the UN Convention on the Law of the Sea, the most sweeping agreement governing world oceans, was created. Our hope is that a new international treaty convened by the United Nations General Assembly will soon fill these gaps. Representatives from governments around the world have already had several successful meetings to pave the way for its negotiation. We’re working as part of the High Seas Alliance—a coalition of 32 NGOs—to ensure the voice of Latin American civil society is heard in the creation of this new treaty, which will protect the deepest reaches of our ocean far into the future.
Read more
Lessons in Strength and Solidarity from the Mexico City Earthquake
Seconds before 1:15 p.m. on September 19, the Earth reminded us just how fragile life is. As soon as we felt the first movement, and the seismic alert confirmed what was happening, our Mexico City team suspended a call with team members in five countries and took to the streets. Words can’t describe the emotions that engulfed us during the next hours and days. Fear and joy, anxiety and solidarity, nervousness and hope. Just two hours before, we had participated in a simulation in honor of the victims of the devastating earthquake exactly 32 years before. While for some residents of Mexico City these exercises are a repetitive protocol, we in AIDA always follow them because our team consists of professionals from across Latin America, some who don’t have experience with earthquakes. So luckily our team knew what to do. We met at the rendezvous point, as best we could. We were relieved to learn the teams of AIDA and CEMDA—with whom we share offices—were all safe and accounted for. But the calm was short-lived, as reports came in from nearby streets: building collapses, gas leaks, the loss of power and communication. The city suspended all activities. Those who were able showed up to help. Damaged streets were flooded with volunteers. Astrid Puentes, co-director of AIDA, gave shelter to our team in her nearby home. Those who could returned to their homes at the end of the day. Unfortunately, the house where one of our interns was staying was left uninhabitable. These have been difficult days. Work was put on hold as our team joined the relief efforts. We have seen so many signs of solidarity. Despite the tragedy, the humility and confidence of the Mexican people has awakened in us a new sense of hope. Everyone could help in some way. We’ve seen therapists, lawyers, motorcyclists, cooks, blacksmiths, architects, masons, journalists, and clowns offering their knowledge and experience to one cause: helping the victims, whether they knew them or not. We won’t emerge from this situation unscathed. While AIDA’s office remains in good condition, the news of friends who have lost loved ones or their homes continues to arrive. But we’ve seen the spectacular strength and resilience of Mexico’s people; they work with their hands as well as their hearts. We know now that the reconstruction that awaits us will have its foundation in solidarity and empathy. We’re confident that the millions of people who have been awakened, who are acting as conscious and involved citizens, will continue working for our city and our country. And we return to our work this week conscious that thousands of people still need help, not just in Mexico City, but also in the states of Morelos, Puebla, Oaxaca, Veracruz, Tabasco, and Chiapas. We will work for them and for the whole continent. We will work for the Earth, which has reminded us that life is but an instant, and that it’s always worth fighting for. -- In solidarity, AIDA’s team from Mexico City: Astrid, Ava, Cecilia, Laura, Paulina, Rodrigo, and Victor. ¡#FuerzaMéxico!
Read more
Why damming rivers, like blocking veins, risks our health
Some of my most treasured childhood memories happened in or near a river. I can still feel the cold water on my feet, and the current that pulled me smoothly past rocks and branches. I remember vacations with my cousins, throwing ourselves into the river near my aunt and uncle’s country house, leaping from the tops of rocks or swinging from the branches of a tree. I remember summer road trips, driving down seemingly endless bridges over the great rivers of southern Mexico. I’ve always thought of rivers as the veins of our planet. In their waters, the rivers and their tributaries carry nutrients to wetlands, lakes, and the sea. They carry oxygen and host thousands of species. They supply drinking water to millions of people in small towns and big cities. They give us food, entertainment, transportation, and life. Recent natural disasters have reminded us that—despite our best attempts—there are no limits, dams, dikes or pipelines that can control the water. It’s true that, properly implemented, dams can have benefits; but in many cases, particularly those of large-scale development, the damages dams do far outweigh any benefits. There are currently more than 300 large dam projects planned or in construction throughout Latin America. Many of them are underway without adequate social and environmental impacts assessments. The results are displaced communities, destroyed forests, and rivers with no fish. Blocking our veins The water flowing down our rivers is vital to the natural equilibrium of the planet and its climate. It’s like the blood circulating through your body. If your bloodflow were blocked, you’d get cardiovascular disease, maybe even a heart attack. Well, damming rivers is like intentionally blocking your veins and expecting no problems. Only one third of the world’s great rivers remain free-flowing, without dams or canals. Now I’m not a doctor, or a biologist, but I often wonder: are we heading for the collapse of our natural system by blocking, tubing, manipulating, and contaminating the veins of the Earth (which, like us, is a living organism)? And because rotting vegetation in dam reservoirs releases lots of methane (a super-potent greenhouse gas), isn’t the current climate crisis, in part, a response to the blockages in Earth’s circulatory system? A slow death The mouth of the Colorado River opens to the Sea of Cortes, in northeast Mexico. It’s an area historically rich in sea life from the Gulf of California. For eons, the flow of the Colorado brought nutrient-rich sediment to the Sea of Cortes. It kept the coastal estuary rich and healthy, along with the animals that sought shelter there. But that’s not happening anymore. The vaquita, now the world’s rarest marine mammal, teeters on the edge of extinction. Between the Colorado River’s mountain headwaters and the end of its main channel, more than 10 large dams and 80 water diversions have squeezed the river dry. Now the Gulf no longer receives the river’s nutrient-rich waters, harming not just marine life like the vaquita, but also the area’s fishermen. No one mentions that the near disappearance of the vaquita has been caused by habitat destruction due to the upstream dams on the Colorado River. Mexico’s last free-flowing river The San Pedro Mezquital River is the last undammed river in the western Sierra Madre Mountains. The river links the region’s indigenous people. It’s a source of their culture and identity. The river channel, more than 500 kilometers long, connects the forests of the highlands with the wetlands of the coast, opening into Marismas Nacionales, the largest mangrove forest in the Mexican Pacific. Marismas Nacionales, declared a wetland of international importance, is home to more than 12,000 families engaged in fishing, agriculture, and tourism. But this national treasure is at risk due to the government’s plan to build a hydroelectric dam on the San Pedro Mezquital. If the river were blocked, its contribution of nutrients downstream would be drastically reduced. The health of Marismas Nacionales, its rich biodiversity, and the region’s sustainable local economy would all be slowly starved. The reservoir would also destroy at least 14 sites sacred to local indigenous communities. But we’ve still got time to stop this plan and others like it. We can avoid the collapse of the natural world that surrounds us, on our one and only planet. By supporting AIDA, you can help keep Earth’s veins flowing free.
Read more