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
2016: 6 reasons to maintain hope for the environment
By Laura Yaniz 2016 was not an easy year. It was especially trying for the fight to protect the environment in Latin America. The loss of brave defenders broke our hearts. The international political environment became so tense after the US presidential election that we learned to take nothing for granted. The effects of climate change hit us hard, and then harder. But it has not all been grim. This year has also given us important reasons to keep the hope alive. Progress, good news and important victories lay a path to a brighter new year. Here are six pieces of good news to help you recharge and have hope for our natural world: 1. The World Bank said “No” to mining in the Santurbán páramo Just ten days before the end of the year, the International Finance Corporation, part of the World Bank Group, decided to divest from Canadian company Eco Oro Minerals. Their funding withdrawal includes the Angostura mining project, which has for years threatened the Santurbán páramo, a water source for millions of people in Colombia. It is a victory to which AIDA and our allies have contributed greatly. Now it’s the government’s turn—in accordance with national laws, they must deny all environmental permits for mining projects in Santurbán, and all other Colombian páramos. The fight for Santurbán isn’t over. Next year we’ll continue to closely monitor Eco Oro, who has filed an international arbitration suit against Colombia for measures the nation has taken to protect its páramos, among them, the high court decision to ban all mining in these sensitive ecosystems. 2. The Indigenous struggle gains strength, and wins! The struggle of the Sioux tribe against the Dakota Access pipeline became a global movement. The largest gathering of Native Americans in history inspired solidarity from artists, veterans, activists, and indigenous groups around the world. They won an important victory when the project was suspended. In Brazil, after years of perseverance, the Munduruku people of the Amazon also emerged victorious when the government denied the environmental license for a dam on the Tapajós River that would have threatened their culture and way of life. These important achievements give us hope. They highlight the need to uplift the voices and support the struggles of the world’s indigenous peoples who, according to the World Bank, protect 80 percent of our planet’s biodiversity. 3. A new climate accord is underway On November 4, the Paris Agreement on climate change entered into force. It happened years sooner than anticipated. The global political achievement was propelled by the ratification of the accord by Latin American and European nations, as well as by China and the United States (the two largest emitters of greenhouse gases). The validity of the agreement impels all nations, developed and developing, to make their commitments a reality. During the 22nd UN Climate Convention in Morocco, as a civil society observer, AIDA contributed to ensuring progress was made on securing funding to help developing countries confront the impacts of climate change. The additional news that the ozone is recovering—a fact made possible by the Montreal Protocol—gives us hope that global commitments like this one can actually bear fruit. 4. Our oceans are protected Important steps were made, nationally and internationally, to protect our world’s oceans and the many incredible creatures that call them home. Mexico created the largest expanse of natural protected areas in its history; the nation’s protected oceans are now nearly half the size of its landmass. In the United States, the expansion of a Hawaiian marine reserve made it one of the largest protected areas on Earth. In Ecuador, the Galapagos Islands reserve was also expanded to protect the sensitive marine life it shelters. Beyond national borders, the global community made important progress on protecting our common waters through the development of a new treaty to protect the high seas. AIDA has brought the voice of Latin America into that discussion. 5. Dam-free rivers In Chile, after decades of strong opposition, one company announced it was giving up on building large dams on five virgin rivers. In Peru, the new government announced that Amazon dams are not on their agenda. In Brazil, the government denied a dam that would have altered the course of the Tapajós River. In the United States, dam removal is well underway, enabling the return of native species and the restoration of ecosystems. Additionally, a recent scientific study confirmed that dam reservoirs are a major source of greenhouse gases, worsening climate change. The findings strengthen arguments we’ve been making for years—large dams are not a solution to climate change; they are part of the problem. 6. Your support Our work this year on behalf of Latin America’s environment would not have been possible without your support. When you write to us, donate photographs, join our team of volunteers and interns, or make a donation, you encourage us to keep fighting. These are messages of hope that remind us how important it is to keeping working for a better future for our children, for yours, and for those of the communities we support. We know that you don’t just follow our work, but bring it home and do all you can, in your daily life, to care for the planet, our collective home. Thank you for giving us hope! Happy 2017!
Read more
World Bank divests from Eco Oro Minerals and mining project in Colombian Páramo
In an important step for the protection of Colombia’s páramos, the International Finance Corporation (IFC) – the private lending arm of the World Bank – has decided to divest from Canadian mining company Eco Oro Minerals. The company’s Angostura gold mining project is located in the Santurbán Páramo, a protected ecosystem that provides water to millions of people. Bogota, Washington, Ottawa, Amsterdam. The International Finance Corporation (IFC), private lending arm of the World Bank Group, has decided to divest from Canadian company Eco Oro Minerals. The company’s Angostura mine is located in Colombia’s Santurbán Páramo, a protected high-altitude ecosystem that provides water to millions of people. Colombian law prohibits mining in páramos. "We applaud the Bank’s decision to side with the Committee for the Defense of Water and the Santurbán Páramo regarding the inviability of mining in the páramo," said Alix Mancilla, representative of the Committee. "We now call on the Colombian government to abstain from issuing environmental permits to any mining project which may affect Santurbán." "The IFC’s divestment is a serious political and financial blow to mining in the Santurbán páramo," said Carlos Lozano Acosta of the Interamerican Association for Environmental Defense (AIDA). "The Colombian government must now reflect on its lenient approach to large scale mining in páramos, which is illegal under national law." The IFC’s decision comes after a report issued by the Office of the Compliance Advisor Ombudsman (CAO), an independent accountability mechanism, which found that the IFC's investment did not adequately consider the environmental and social impacts of the project, breaching the financial institution's internal policies. The report was developed in response to a complaint the Committee filed before the CAO in 2012, with support from the international organizations included herein. "After intense public pressure, the IFC finally got the message and, by divesting, amplifies it further. The decision to divest strengthens the Colombian State’s ability to protect water and regulate in the public interest. We applaud this decision by the IFC, which will have an impact on Colombians everywhere," affirmed Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). The IFC's decision occurs in the context of Eco Oro’s announcement that it has initiated international arbitration against Colombia, under the terms of the Canada-Colombia Free Trade Agreement at the International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank. The company is filing the suit over the State’s measures to protect Colombia’s páramos. "Eco Oro Minerals' interest in Colombia is no longer about mining. Rather, it is about extorting a sovereign government for millions in taxpayer dollars and exerting pressure to weaken protections for water in Colombia. The IFC’s divestment not only extricates the Bank from a clear conflict of interest, but also highlights the presence of ill-advised mining projects in the Colombian páramo and the illegitimacy of the suit," added Garcia Zendejas of CIEL.
Read more
Clear accounting for dams and climate change
By Astrid Puentes Riaño (column originally published in El País) “Our climate is warming at an alarming, unprecedented rate and we have an urgent duty to respond,” world leaders concluded at the 22nd United Nations Climate Conference (COP22). Representatives from more than 200 nations gathered in Morocco from November 7 to 18 for the first global meeting since the Paris Agreement on climate change entered into force. We should respond with urgency, but also with intelligence. Today, thousands of large dams are being planned and built around the world. More than a million dams already block half the rivers on the planet. Hundreds of hydropower projects are planned or under construction in the Amazon alone. Many are promoted as clean energy and as solutions to climate change. But that’s just not true. Researchers at Washington State University recently concluded that dams are an important source of greenhouse gas emissions. In addition to carbon dioxide and nitrous oxide, dams release large amounts of methane, a gas that traps 34 times more heat than carbon dioxide. The findings were published in the scientific journal Bioscience. Far from being a solution, dams actually aggravate climate change. Until now, scientific evidence had suggested that dams in tropical areas emit greenhouse gases. The WSU study, however, concluded that reservoirs emit greenhouse gases regardless of their latitude or their purpose (power generation, flood control, navigation or irrigation). The researchers concluded that, globally, reservoirs emit approximately 1.3 percent of all greenhouse gas emissions generated by mankind. That’s greater than the total annual emissions of Canada. Further studies are required to quantify exactly how much dams emit and to understand how they vary according to the particular conditions of each reservoir. For now, it seems that variables such as temperature and eutrophication (increased nutrients in water that increase algae and decrease oxygen) may be the most relevant. Currently, greenhouse gas emissions from dams aren’t monitored. Yet every day, they’re released into the atmosphere, contributing to climate change. Globally, our climate accounts aren’t complete. The WSU study marks a milestone in our understanding of the true role dams play in creating climate change. It’s essential that scientific policies, programs, standards, and analyses take these emissions into account. National and international bodies—including the Intergovernmental Panel on Climate Change, the World Bank, the Inter-American Development Bank, the Green Climate Fund, and private companies—must incorporate current and future dam emissions in their assessments. Only then will be have clear accounts. Only then can we avoid, by ignoring clear evidence, continuing to make climate change worse—particularly for the most vulnerable among us. It’s worth noting that dams have severe impacts on human rights. They’re also very expensive and take decades to plan and complete. What’s more, viable alternatives to dams have already been found—cheaper, more efficient, and quicker to build. To respond to climate change with urgency, intelligence, and effectiveness, we have to be clear on its causes. We have to account for all significant contributors, including dams. We have this opportunity today. And we have no more time to lose.
Read more