Project
Mitchell Gilbert for AIDA.
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.
Two years after the Court issued its ruling, its implementation remains in the early stages, with minimal progress, due primarily to the Peruvian government’s lack of political will and its constant shifting of arguments to delay the process.
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.
Photo: Mitchell Gilbert for AIDA.
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.
In March 2024, the La Oroya Metallurgical Complex resumed operations and is currently once again causing pollution levels in the city that exceed those recommended by the World Health Organization.
Photo: Inter-American Court of Human Rights
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.
Two years after the ruling was issued, there has been no significant progress in its implementation by the Peruvian State. The victims in this case are still awaiting the implementation of the reparations ordered by the Court, including comprehensive and specialized health care, measures to mitigate pollution from the La Oroya Metallurgical Complex, and the payment of compensation.
Partners:
Related projects
UN experts denounce threats and stigmatization against defenders of water and the Santurbán páramo; demand protection for their work
Bucaramanga, Colombia. On March 6, 2025 the United Nations Special Rapporteurs on human rights defenders, a healthy environment, water and sanitation, and the UN Working Group on Business and Human Rights sent formal letters to the governments of Colombia, Canada, and the United Arab Emirates, as well as to the companies Aris Mining and MDC Industry Holding Company LLC to denounce the threats and stigmatization faced by the Committee for the Defence of Water and the Santurbán Páramo for defending this ecosystem threatened by mining in Colombia. To date, only the Colombian government’s reply has been made public. While harassment is not new, content has recently been disseminated on social media labeling the Committee’s spokespersons as "persona non grata", endangering their lives by claiming false connections to illegal armed groups. Committee members have warned that "every day that passes without a response from the national government and the companies legitimizes those who seek to silence us".For 16 years, the committee has worked to protect the Santurban páramo - a high altitude wetland ecosystem which provides fresh water to more than two million people. Recently, they achieved recognition of part of the páramo as a Temporary Reserve Zone, which means that large-scale mining activities will be suspended for two years.Viviana Herrera, Latin America Program Coordinator at MiningWatch Canada, said, "it speaks volumes that Canada has not yet responded to the UN experts. Canada must prioritize the environmental defenders of the Santurbán Committee and their struggle to protect water."Sebastián Abad Jara, an attorney with the Interamerican Association for Environmental Defense (AIDA), said that "through these letters, the offices of the UN recognized the committee as a coalition of rights defenders; they informed governments and companies of the clear, imminent, and specific risk to its members; and in doing so they dismantled the false narratives linking their activities to those of illegal groups."The UN agencies emphasize that Aris Mining, its subsidiary Minesa, and all companies in its supply chain associated with the Soto Norte project — such as Calimineros — have an obligation to respect and protect human rights, especially those of environmental and water defenders."Colombia is one of the most dangerous countries for those defending water and life against extractive projects, which is why immediate action by states and companies is urgently needed to stop the stigmatization and guarantee the safety of members of the committee," said Jen Moore, associate researcher at the Institute for Policy Studies (IPS).The Committee for the Defence of Water and the Santurbán Páramo, AIDA, MiningWatch Canada, IPS, Common Frontiers Canada, and the Center for International Environmental Law (CIEL) reiterate the call by United Nations experts to the governments of Colombia, Canada, and the United Arab Emirates, as well as to Aris Mining company and MDC Holding, to safeguard the lives and integrity of the committee members.In accordance with their obligations under national law, the Escazú Agreement, inter-American law and jurisprudence, and the Guiding Principles on Business and Human Rights, we also urgently call on states and companies to respond to the substance of the letters and adopt measures — with verifiable deadlines and measurable progress — to prevent companies associated with the Soto Norte project from committing human rights violations.Only the protection and strengthening of historic leadership such as that of the Santurbán Committee in Colombia will bring us closer to environmental and climate justice. The concerns raised by the offices of the UN are a reminder that protecting those who lead the struggle for water in Latin America is an imperative of state and corporate due diligence.Press contactsCommittee for the Defense of Water and the Santurbán Páramo, [email protected] Quintanilla (Mexico), AIDA, [email protected], +5215570522107Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Jennifer Moore, IPS, [email protected], +12027049011
Read more
Reimagining the circular economy from territories of extraction. Proposals from Latin America
Among the various global commitments to address the current climate crisis, international governance bodies — such as the United Nations — have highlighted the need to double renewable energy production and expand electromobility to decarbonize the global energy mix, calling this process the "energy transition." However, this transition entails intensifying the extraction of minerals essential for developing these technologies. Each region of the world plays a distinct role in the supply chains of minerals used in decarbonization processes. Latin America has been identified as one of the regions with vast mineral reserves capable of fueling this transition. Yet, in this context of growing mining interest, there is a tendency to render invisible the populations who inhabit these territories, as well as the hydrogeological systems of local, regional, and global significance that exist there.Lithium is one of the minerals whose commercial demand has grown significantly in connection with progress toward energy decarbonization. It is in the Gran Atacama region — located in the border area of Argentina, Bolivia, and Chile — where the largest global reserves are found. Nevertheless, for lithium to become available, it must pass through a complex international supply chain, which includes mineral extraction, refining, production of battery electrodes, battery manufacturing, and, finally, the production of electric vehicles.This surge in mineral demand within complex global supply chains raises concerns for the region about the risk of reproducing a new cycle of extractivism, unless public policies are devised and implemented that effectively integrate environmental, social, and territorial development standards.The circular economy, closely linked to the energy transition, emerges as a key strategy to overcome the logic of the traditional linear economic model ("take–make–consume–dispose"). Its aim is to reduce pressure on territories and common goods by incorporating sustainability criteria into supply chains and promoting more rational management of extracted mineral resources.However, this vision of the circular economy — when applied to minerals for the energy transition — can also perpetuate extractivism, particularly in the Global South. Decarbonization options often require vast quantities of minerals for energy storage, extracted at the cost of high environmental and social impacts. This threatens the resilience of the ecosystems from which they are taken and poses risks to the populations that inhabit them.Given these limitations, a circular economy proposal — from the perspective of Latin American extraction zones and applied to transition minerals — should contribute to ensuring that changes in the energy mix toward technologies with lower greenhouse gas emissions (commonly referred to as the energy transition) are truly just throughout all stages of the process. This entails avoiding the creation, expansion, and/or deepening of sacrifice zones; ensuring environmental restoration; guaranteeing the protection of human rights; and securing reparation where rights have been violated. It also requires respecting biophysical boundaries and the resilience capacity of ecosystems. Read and download
Read more
Motagua River: A story of contamination and a call for justice
The Motagua River, Guatemala's largest river, is severely polluted with sewage, solid waste, and other types of waste.It flows into the Caribbean Sea, so contamination reaches those waters, as well as the Mesoamerican Barrier Reef System - the world's largest transboundary reef - and the Honduran coast, causing unquantifiable social and environmental damage.Polluting activities occur throughout the river basin, including sub-basins and micro-basins.In general terms, the contamination has deteriorated the health and violated the right to water, development and a healthy environment of all the people living in the basin.The contamination of the Motagua is a problem that has been going on for decades and requires urgent long-term measures that contribute to the sanitation and integrated management of the river basin.Where is the Motagua River?The Motagua River is one of the main rivers in Guatemala. With a length of 486 km, it crosses 96 municipalities and 14 departments of the country. It originates in Quiché, a department located in the northwest, and flows into the Caribbean Sea.It is at its mouth that its flow meets the Mesoamerican Reef, which extends for approximately 1,000 km and covers the territorial waters of Belize, Guatemala, Honduras and Mexico. Thus, the pollution carried by the river deteriorates the health of the reef system, which is home to the second longest barrier reef in the world.The Mesoamerican Reef protects thousands of kilometers of coastline from currents, waves and storms. In addition to being a breeding and feeding ground for a great diversity of species, it is a carbon dioxide sink and a detoxifier of water and air. The ecological and economic health of the entire South Atlantic area depends on its conservation.In addition, pollution from the Motagua River reaches the coast of Honduras and spreads to Amatique Bay, located along the eastern coast of Guatemala and Belize. This is clearly a transboundary problem.Where does the pollution in of the Motagua River come from?The largest volume of contamination of the Motagua River comes from Guatemala City, the capital of the country, mainly through the waters of the Las Vacas River, which receives a large amount of solid waste from the Chinautla River, as well as sewage that is discharged into its waters on a daily basis.Solid waste from the Chinautla River, which flows through the municipality of the same name, comes from a landfill located in Zone 3 of the capital. Any small landslide in this landfill generates waste that is automatically dumped into the river at any time of the year.The pollution that the Chinautla river carries also consists of a large amount of sewage, generated by at least 500,000 people living in the northern part of Guatemala City, which does not receive any previous cleaning treatment.In the municipality of Chinautla there are numerous illegal landfills. In addition, many private vehicles and collection trucks dump waste on the banks of the Chinautla and Las Vacas rivers.According to data from the Integrated Environmental Management of the Motagua River Basin project, financed by the United Nations Development Program (UNDP), it is estimated that 66% of urban solid waste in Guatemala is not collected and there is no guarantee that the remaining 34% is properly disposed of. In addition, of the total number of landfills in the country, 88.32% are illegal or do not have municipal authorization.Most of the waste is dumped in streams and/or on surfaces that are susceptible to dragging, ending up in one way or another in water sources, such as the Motagua basin.In other words, the main source of contamination of the Motagua River is the poor management of solid waste and water resources in the country; the lack of compliance with existing regulations on wastewater discharge, disposal and treatment of waste and solid waste; as well as the lack of a water law.Who is affected by the contamination of the Motagua River?The contamination of the Motagua River affects the entire population of Guatemala. In the lower basin, it directly affects people dedicated to fishing, who have seen their catches reduced.And, by harming tourism in the Caribbean, it also affects the communities that depend on tourism for their livelihoods.As a basin-wide problem, the contamination of the Motagua affects those living in the main sub-basins and micro-basins of the river, including the indigenous communities of the Mayan Poqomam people in the cities of Chuarrancho and Chinautla.In Chinautla, the contamination affects the living conditions, health, environment, water sources, economy and culture of more than 18,000 people.The restoration of the Motagua River is crucial to improve the quality of life of at least 30% of the Guatemalan population, as well as those affected in neighboring countries.Actions to rescue the Motagua River from contaminationIn the face of the serious degradation of Guatemala's largest river basin, the damage to key ecosystems such as the Mesoamerican Reef, and the human rights violations that pollution generates, urgent measures are required, among them:Verify compliance with environmental and municipal regulations, as well as prevent and halt environmental damage at the source through regulation, monitoring, supervision and oversight of activities that affect the rights of the inhabitants of the Motagua River basin.Strengthen regulations related to wastewater disposal and solid waste management so that they are implemented in a timely manner through complete treatment systems in the municipalities of the basin.Initiate actions to enable the socio-environmental restoration of affected ecosystems throughout the basin, including political, legislative and administrative measures to strengthen the legal system and allocate sufficient financial resources to ensure the protection of waters and territories.
Read more