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
Brazil inaugurated Belo Monte: There’s nothing to celebrate!
The Brazilian government grandly inaugurated the Belo Monte Dam, which sits on the Xingu River in the midst of the Amazon. As an organization that legally represents affected indigenous and riverine communities, as well as residents of the city of Altamira, we consider there to be no reason to celebrate. The dam has been built by overlooking national and international standards that safeguard the environment and human rights. GET TO KNOW MORE about this injustice through the words of our senior attorney María José Veramendi Villa!
Read more
Open Letter on Mining to Canadian Prime Minister Trudeau
Excerpt: As activists, Latin American organizations and networks, along with international groups and organizations that have partners in Latin America, we are aware of and concerned about the human rights violations committed by Canadian mining companies operating in the region. On the basis of our experience, we offer the following observations and recommendations, as we share certain universal principles of human rights and justice that transcend borders. ... In light of early indications of concern for human rights from your administration, we urge the adoption of workable measures to promote legislative and administrative reforms that will more effectively regulate the operations of Canadian mining companies around the world. In particular, we recommend an immediate change in existing policies in order to: Ensure Canadian mining companies operating in Latin America do so in conformity with the international human rights standards established in treaties, which apply to both host countries and to Canada. In recognition of the increasing number of mining conflicts in the region, it is vital that the Canadian government and Canadian mining companies respect the rights of Indigenous communities to self- determination and to free, prior, and informed consent before any mining activities are undertaken on their territories. Respect the decisions of numerous communities, Indigenous and non-Indigenous, who have said no to large-scale mining because of its severe damaging impacts on the environment and social wellbeing. Implement the recommendations made by the Standing Committee on Foreign Affairs and International Trade in 2005. End Canadian intervention and the provision of any kind of governmental support, be it through overseas development aid, trade, and investment agreements, public financing or technical assistance, or diplomacy that seeks to influence the adoption or modification of regulatory frameworks in recipient countries for extractive projects. Incorporate international human rights and transparency standards in the regulation of credit agencies and public and private investment that finance extractive activities and impose safeguards on companies that receive state subsidies. Guarantee effective access to Canadian courts so that victims of human rights violations caused by Canadian businesses abroad can obtain justice, truth, and reparations. Create objective and impartial mechanisms to effectively monitor and investigate complaints of individual and collective human rights violations in connection with Canadian mining companies abroad. These mechanisms should be designed in conformity with the Paris Principles regarding the status and functions of national human rights institutions. End the pursuit of free trade and investment agreements that favor the protection and promotion of Canadian mining companies over individual and collective human rights, as well as environmental protection. Refrain from promoting international arbitration mechanisms, which is a powerful tool to shield foreign investments that profit from the absence of effective accountability measures aimed at preventing human rights violations. After many years of a lack of will to dialogue and an absence of critical self-evaluation by previous governments, we are hopeful that your commitment to human rights will lead to measures that hold state agencies and corporations to account and prevent further abuses by Canadian mining companies operating abroad. Such measures would earn Canada greater recognition as a nation that respects human rights.
Read more
Photo Essay: Life in the shadow of Belo Monte
By Anna Miller, AIDA writer Deep in the Amazon in north Brazil, the world’s third largest dam towers over a once lush jungle landscape. In its far-reaching shadow live the indigenous and riverine communities who have long called the region home. They are people who have lived and grown by the bounty of the forest and the Xingu River. For most, the natural world that surrounds them is inseparable from their definition of home. But that home is changing rapidly. As the Belo Monte Dam begins operations, and its floodgates open, their world is looking and feeling very different. Large stretches of jungle have been flooded, islands completely submerged. The fish are dying, the wildlife scared away. Families have been separated, and entire communities forced from their land. The shadow cast by Belo Monte is long, and it is dark. The lifestyle of the people of the Xingu river basin has been drastically changed without their consent. Their basic human rights have been violated time and time again. The operating company’s attempts at compensation would be laughable, if they weren’t so heartbreaking. The photos that follow depict people and communities who are living amid the volatile realities of this once peaceful patch of rainforest. They are victims of the corruption, violence and abuse that have come to envelop the largest engineering project in Brazil’s history. The Xingu River is dying. Arapujá Island, visible from Altamira, has been completely stripped of life, causing radical change in river currents. Smaller islands where fishermen lived surrounded by fruit trees have been submerged by rising water levels, as the dam’s reservoirs are filled. On one day in January, the Belo Monte dam opened its floodgates without warning; the river is said to have risen more than 20 feet in an hour. Massive amounts of fish have been dying off; locals say Norte Energía even has cleanup crews that bury them, to hide the scale of the daily devastation. Downstream from the dam, the flow of the river at the Big Bend is reducing drastically; the water is becoming muddy and deoxygenated. Communities near and far—from indigenous people to riverine fishermen—are suffering the impacts, as their lives are torn from the river they know so well. As the Xingu dies, they too lose their lives—for the river itself has long been their home, their source of food and livelihood. The construction of Belo Monte has had severe impacts on the natural world, which has long been the primary food source for jungle communities. Tribes who have lived a subsistence lifestyle are finding the river and the jungle they rely on aren’t producing enough, or are too contaminated, to feed their families. Indigenous people have been driven into the nearest city, Altamira, to meet their basic needs. Some go to buy food or go to the doctor; others have succumbed to the struggle and left their village entirely. Many who come to Altamira stay at Casa Do Indio, a house built as a shelter for the recent influx of indigenous peoples. There, they stay in overcrowded rooms, lacking proper sanitation and endangering their health. Far from their homes, stripped of their dignity, they are confronted with the harsh realities of a violent and overcrowded city. As the city closest to Belo Monte, Altamira has undergone drastic changes due to the dam’s construction. Since the project began, the city’s population has grown by nearly 75 percent; 170,000 people are currently living in a city designed for far fewer. Violence has skyrocketed and entire neighborhoods have been destroyed, displacing residents and demolishing longtime family homes. Even neighborhoods Norte Energía claimed would be unaffected by the dam are experiencing its impacts. The rapid growth has wreaked havoc on the city’s sewage system. Belo Monte’s operators have implemented no water or sewage treatment solutions whatsoever, and the entire city is suffering from a lack of basic sanitation. As a result, muddied and flooded streets are widespread. People are demanding answers from Brazil’s Environmental Authority, and from Norte Energía. But they’re left with only questions. The impacts of Belo Monte are not just forcing people from their land; they are tearing people away from each other. As homes are destroyed, and entire villages relocated, the individuals ripped from their lives are struggling to adapt. Communities are losing touch with their traditions; daughters are losing touch with their mothers. Karoline grew up in a rural community surrounded by her family and the rich natural world she remembers so fondly. When her family had to leave their land behind, they didn’t have many options, and were forced to split up. Her parents went to stay with relatives, and Karoline and her sister left for Altamira. Seeking opportunities, education, employment, they too have since parted ways. As a teenager, Karoline is on her own now, far from home. As a requirement of the project’s implementation, Norte Energía must comply with certain conditions, designed to benefit affected communities. They have been implemented in different forms for different situations, none of which could be described as full, adequate or culturally respectful. The Arara da Volta Grande is one of the communities that will be most impacted by Belo Monte. They live on the Big Bend of the Xingu, where the flow of the river has been substantially reduced. To compensate the community for changes to their way of life, Norte Energía is building them “better” houses. Though still within their territory, the structures are located away from the river. They are made of cement and have thick roofs that trap the jungle heat inside each little box. They are a far cry from the wooden, open, thatch-roofed homes traditional to the Arara’s culture and community. Instead of providing the Arara people with a functioning well to provide clean water, Norte Energía has given the community houses they don’t know how to live in; houses that, each and every day, would pull them further away from where they’ve always been. When we talk to members of the indigenous and riverine communities surrounding Belo Monte, we listen to the same answers to many of our questions. The dam is disrupting their way of life. It’s cutting them off from the natural world around them. It’s threatening their culture, their traditional knowledge and the very structure of their communities. Leoncio Arara, a traditional healer from the Arara da Volta Grande, says he now lives in fear. Fear of the dam breaking, of the water rushing down and flooding his home and his community; fear of the fish dying, of the clean water drying up; fear of the dissipation of his culture and the disappearance of his people, who have lived on and with this land for generations. In the once-lush jungle surrounding the massive Belo Monte dam, we see injustice everywhere we look. We see displacement and environmental devastation. What we don’t see is accountability. That’s why we've taken the case to the Inter-American System of Human Rights to have Brazil respond on an international level to the allegations of human rights violations stemming from the construction of the Belo Monte Dam. We’re dedicated to this struggle and we won’t rest until the people we represent, and all those whose lives have been affected by Belo Monte, see justice.
Read more