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.
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After COP28 in Dubai: The complex road to Baku and Belém
By Javier Dávalos, Claudia Velarde and Marcella Ribeiro* The twenty-eighth United Nations Climate Change Conference (COP28), held in Dubai, United Arab Emirates, was the largest ever in terms of the number of participants. The representatives of the States Parties to the United Nations Framework Convention on Climate Change and the Paris Agreement held intense discussions under the scrutiny of stakeholders from various sectors. The final results lack the clarity and ambition needed to define the next round of Nationally Determined Contributions (NDCs). However, the fact that for the first time in almost 30 years all fossil fuels (coal, oil and gas) were mentioned in the main decision of the meeting represents a before and after in climate negotiations. This fact also marks the way towards the next conferences: COP29 in Baku (Azerbaijan) and COP30 in Belém do Pará (Brazil). Below we take stock of COP28 and analyze its implications for the future of climate action in Latin America and the Caribbean. Progress at COP28 For the first time, the outcome document mentioned the need for a transition away from fossil fuels in energy systems in a fair, orderly and equitable manner, accelerating action in this critical decade. The text of the global stocktake of the state of implementation of the Paris Agreement also clearly stated the goals of tripling renewable energy and doubling energy efficiency. The Glasgow target for reducing methane emissions by 2030 was affirmed, as was the exit from inefficient fossil fuel subsidies. Key elements of the work program on just transition pathways were defined, including its scope, objectives, results and institutional arrangements. What was missing at COP28 With regard to the energy transition, there was a need for greater determination to close the door on false climate solutions. On the one hand, there was a call to accelerate nuclear energy and abatement and elimination technologies (carbon capture, utilization and storage) and, on the other, it was noted that "transition fuels" could facilitate this process while ensuring energy security, implicitly giving a free pass to fossil gas. In terms of adaptation, no real progress was made towards a framework for climate action based on the protection of the ocean, wetlands and forests. Nor was there reinforcement of operational synergies between the key policy processes governing terrestrial, freshwater, coastal and marine ecosystems worldwide. While the first step was taken to operationalize the Loss and Damage Fund, the decision did not include a reference to human rights in its objectives and mission. In addition, it limited the participation of indigenous peoples and local communities on the Board of the Fund under the category of invited observers. It also failed to mention the principle of common but differentiated responsibilities, meaning that the fund would be financed solely by grants. In addition, the World Bank was designated as the fund's administrator, putting at risk that the communities most affected by the impacts of the climate crisis would have access to resources in an agile, direct and debt-free manner. Regarding the just transition, it was not recognized that the energy transition puts different pressures on the territories where raw materials or critical minerals such as lithium, copper and cobalt are obtained. This affects Latin America in particular. As a result, developed and developing nations disagreed on whether to keep the transition at the national or international level. And so the transition was not considered an integral and plural transformation process that implies creating socio-political conditions to restructure the organization, ownership and distribution of the current production and consumption systems for the enjoyment of the right to energy. The countries failed to reach an agreement on the substantive elements of the new quantified financing target. Progress was limited to definitions of the process and procedures for defining it. In 2024, there will be at least three technical dialogues to discuss the elements of the target such as amounts, timelines, financing targets by area, and how progress will be measured. What's next: Heading towards COP29 and COP30 The next climate conferences will have to navigate complex contexts, marked by the long-standing crisis of multilateralism, the unfair distribution of burdens for the energy transition—particularly in terms of the exploitation of critical minerals—,and the growing co-optation of negotiations by the corporate interests of fossil-related companies. In this context, the performance of Latin American countries at COP28 is an indication of how their positions for COP29 and COP30 will be constructed: Brazil sought to position itself as a "climate champion" but could not hide its strong fossil fuel extraction agenda. As host of the upcoming COP30, Brazil tried and failed to explain away membership in the expanded Organization of the Petroleum Exporting Countries (OPEC+) without success. Then, days after COP28, it tendered 613 oil blocks in the Amazon with a view to becoming the world's fourth largest oil producer by 2030. Despite this, Brazil created a new work program on the goal of limiting global warming to 1.5 degrees Celsius, which it will take as a banner to COP30, together with the protection of nature and the fight against deforestation. Colombia, for its part, was the most vocal leader on the urgent need for transition, announcing its accession to the Fossil Fuel Non-Proliferation Treaty and maintaining clear interventions on the exit from fossil fuels in its panels and public interventions, which positions it as a regional leader for the upcoming conferences. Ecuador missed the opportunity to obtain funding and support from the international community to implement the Ecuadorian people's decision to close the ITT oil field in Yasuni Park. This omission could be remedied at COP29 because, beyond the delicate internal context, the South American country has just under a year to comply with the legal obligation to implement this decision and the international community can and should support the decision to close the ITT oil field in Yasuní Park. In another area, and within the process of the Advisory Opinion on the Climate Emergency, AIDA, together with other organizations, requested that the Inter-American Court of Human Rights refer to the decision adopted at COP28 regarding the Loss and Damage Fund, as it does not comply with or satisfy the obligations of States under international human rights law. It is expected that the Court will recognize the right to climate reparations and clarify that the establishment, implementation and operation of this fund does not exclude the possibility of making claims for reparations for losses and damages, nor does it block other judicial or administrative processes, measures or mechanisms for access to justice and comprehensive reparations for people affected by climate impacts. *Javier Dávalos is coordinator of AIDA's Climate Program, Claudia Velarde is co-coordinator of the Ecosystems Program, and Marcella Ribeiro is a senior attorney with the Human Rights and Environment Program.
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The triple planetary crisis: What is it and what can we do about it?
You may have heard that humanity is facing "a triple planetary crisis.” In the words of United Nations Secretary-General António Guterres, this crisis "threatens the well-being and survival of millions of people around the world." But what exactly does it mean? The triple planetary crisis refers to three interrelated problems: climate change, pollution, and biodiversity loss. Each of these problems is a crisis with its own causes and effects, but all three converge and feed on each other. All three affect human rights, and more intensely impact people in vulnerable conditions. The climate crisis The United Nations considers climate change to be humanity's most urgent problem and the greatest threat to human rights. Climate change, which involves long-term changes to the planet's temperatures and weather patterns, can completely alter ecosystems. Although changes in climate can occur due to the natural patterns of the planet, what we are facing is caused by human activities. Since the Industrial Revolution, there has been an accelerated change in the planet's average temperatures. One of the primary causes of that change is the exploitation and use of fossil fuels. The climate crisis, then, refers to the consequences of climate change caused by human activities, which include: an increase in the intensity and severity of natural events such as droughts, fires, and storms; rising sea levels and the melting of the poles; changes in the hydrological and climatic cycles that affect biodiversity; and impacts on the enjoyment of human rights. The pollution and waste crisis The dominant economic system, dependent on consumption, implies the generation of high levels of pollution and waste that have a great impact on human and ecosystem health. Air pollution is the leading cause of disease and premature death worldwide. The World Health Organization estimates that 7 million people die prematurely each year because of poor air quality. Air degradation is caused by emissions from factories, transportation, and forest fires. Those who lack access to less harmful technologies for cooking or keeping warm also breathe polluted air in their homes. Air pollution is related to climate change, as many of the emissions also warm the planet. Pollution caused by plastics and microplastics is another global concern, as it directly affects biodiversity. An increasing number of studies are finding that plastics are affecting the health of people and other living things. They take centuries to decompose, and are derived from petroleum, a fossil fuel. And we can’t forget pollution caused by extractive activities which, in addition to generating greenhouse gas emissions and leaving in their wake chemicals that are toxic to health, degrade freshwater sources and large tracts of land. The biodiversity loss crisis Biodiversity loss refers to the decrease and disappearance of biological diversity: flora, fauna, and ecosystems. This crisis is caused by the two previous crises, in addition to the overexploitation of resources and changes in land use—which cause overfishing, illegal hunting and trafficking, and deforestation—and the introduction of non-native and invasive species. This loss also implies the decline of many of the species on which we depend. Its impacts extend to affect food supplies and access to fresh water. One example is the Amazon, the world's largest tropical forest and a global climate stabilizer. It is home to 10 percent of the planet's known biodiversity and is the ancestral home of more than 470 indigenous and traditional peoples. The Amazon is endangered by colonization, deforestation, and extractive activities, among other threats. The situation is so serious that the point of no return for the Amazon, in which deforestation levels cancel out its capacity for regeneration, is no longer a future scenario. Actions to confront the triple planetary crisis The triple planetary crisis is a complex problem involving diverse stakeholders and requiring multidisciplinary solutions. Although local actions and individual lifestyle changes can help, many of the necessary actions require decisions on a global scale and profound changes to economic, political, and social systems. According to the United Nations, global actions to confront the crises must include: Limiting global temperature increase to 1.5 degrees: this means that global emissions should be reduced by 45 percent by 2030, with the goal of achieving carbon neutrality by 2050. Accelerating the expansion of clean renewable energies: to achieve the above, a drastic reduction in the use of fossil fuels is required to make way for energy systems based on renewable sources that are sustainable over time and respectful of the environment and people. In addition to combating climate change, this would reduce air pollution. Investing in adaptation and resilience: this means considering those who are already suffering the impacts of the climate crisis in the solutions, with emphasis on the nations, people, and communities in vulnerable situations and who are least responsible for these crises. Conserving and protecting 30 percent of the planet: this applies particularly to areas of biodiversity importance, including the ocean. It also implies actions to mitigate climate change. Improving the food system: this includes changes in irrigation and soil management, as well as producing healthier food and reducing food waste. Leaving no one behind: the measures described above must be carried out simultaneously and with a focus on protecting human rights, as they represent an opportunity to reduce the inequalities that are both a cause and a consequence of the crises. Making progress before the triple crisis These crises threaten not only our basic sources of livelihood, but even our mental health. And while much remains to be done, progress has been made that demonstrates the global cooperation needed to advance on a large scale. We’re happy to share some recent examples of global progress: The High Seas Treaty, designed to protect two-thirds of the ocean, was adopted in June 2023, and will need to be ratified by 60 countries before entering into force. The United Nations recognized the right to a clean, healthy, and sustainable environment as a universal right. 175 nations agreed to develop a global instrument to address plastic pollution. The steps we take as individuals help us to act locally: to live our values and contribute to our communities. But it’s also important we think globally, and demand that our representatives in decision-making bodies guarantee widespread participation and commit to taking key and concerted actions.
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10 positive advances for the environment in Latin America in 2023
It has been a tumultuous year for the world in many ways, and the climate crisis remains one of the greatest challenges we face as a human race. However, it is always worthwhile to assess and recognize the progress made in the quest for environmental and climate justice. So, as we close 2023, let’s celebrate the agreements, decisions, and milestones that give us hope as we continue to defend the planet and all the creatures that call it home. 1. The world has a treaty to preserve life on the high seas. After two long weeks of final negotiations, and decades of previous work, United Nations member states have agreed on a High Seas Treaty to protect two-thirds of the ocean, representing nearly half of the surface of the planet. The new treaty will provide a blueprint for establishing protected areas on the high seas and for assessing and managing human activities that could affect life in this vast area. It will also help achieve the global goal of protecting 30 percent of the ocean by 2030. It has been signed by nearly 80 countries and is in the process of ratification to enter into force. 2. The Ecuadorian people decide to protect the Amazon. Ecuador held a popular consultation to decide whether to stop oil exploration in part of the Yasuní National Park, one of the most biodiverse areas on the planet. The great news is that about 60 percent of the population chose to protect this region of the Amazon, leaving some of the oil in the ground. By recognizing the value of a key ecosystem for stabilizing the global climate, this result transcends national boundaries. It is a hopeful sign of climate ambition that can drive the necessary just energy transition worldwide. 3. The UN recognizes activism for the right to a healthy environment. The United Nations has awarded the 2023 Human Rights Prize to the Global Coalition of Civil Society, Indigenous Peoples, Social Movements and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy and Sustainable Environment. The prize is awarded every five years, and this is the first time since its inception that it has been given to a global coalition. It recognizes the coalition's essential role in the recognition of the right to a healthy environment by the UN General Assembly in 2022, as well as decades of civil society efforts and spaces for public participation. 4. Support grows for moratorium on deep-sea mining. There is currently a call for the International Seabed Authority to pause negotiations on the regulation of undersea mineral exploitation while the necessary information is gathered to understand the impact of this extractive activity on the ocean, species, and people. Mexico was the most recent signatory in November, joining other countries of the region— including Brazil, Chile, Costa Rica, Ecuador, Panama, and the Dominican Republic— in calling for a moratorium on deep-sea mining. You can join their efforts and learn more by following the hashtag #DefendTheDeep. 5. A Fossil Fuel Non-Proliferation Treaty is in the making. Colombia, a major coal producer, was the first Latin American country to join the call for a Fossil Fuel Non-Proliferation Treaty, a global initiative to complement the Paris Agreement. Cities, elected officials, and international organizations such as the World Health Organization have joined the call. The goal of the proposal, led by Pacific Island countries, is to create a follow-up plan to halt the expansion of fossil fuel use and initiate a just transition. For more information, visit the Fossil Fuels Treaty website. 6. There are signs of hope for a "sacrifice zone" in Chile. Although much remains to be done, recent events give hope that things may be looking up in Quintero and Puchuncaví bays, whose residents have suffered decades of pollution from a series of companies. In May, after 58 years of operation, the furnaces and boilers of the Ventanas smelter were finally shut down. Similarly, the multinational company that owns the Ventanas II thermoelectric plant, also located in the bay, announced its definitive closure by the end of this year. Furthermore, the Supreme Court has issued three rulings related to the failure to comply with a 2019 judgment—which orders the state to adopt 15 measures to identify the sources of contamination and repair the environmental situation in the area—and provides tools for its enforcement. Read more about the case in Chao Carbón. 7. Court rules the Colombia must take concrete climate action. Within one year, Colombia's Ministry of Environment and Sustainable Development must adopt concrete measures to adapt to and mitigate the climate crisis. This order was issued by the Council of State, a high court, as the result of a lawsuit alleging that the ministry had failed to comply with the climate commitments contained in national legislation. Colombia, as the largest exporter of thermal coal in Latin America, has an obligation to include in its climate commitments the real dimension of the impacts of extracting, transporting, and burning coal. This case could become a precedent for strategic and successful climate litigation at the regional and international levels. 8. Cajamarca, Colombia continues to set an example for environmental democracy. Popular consultations will be respected. A Colombian court made this clear by upholding the legality of the popular consultation in which the people of Cajamarca rejected AngloGold Ashanti's La Colosa gold mega-mining project. The ruling represents a triumph for participatory democracy and the defense of peasant territories against extractivism. It sets an important precedent for respecting other popular consultations throughout the country and serves as an example for the rest of the region. 9. A regional alliance to protect Andean wetlands is born. The Alliance for Andean Wetlands is a coalition of social and environmental organizations that aims to promote the protection and conservation of Andean wetlands, water, biodiversity, territories, and the lives of indigenous and campesino communities in Latin America, particularly in Argentina, Bolivia, and Chile. Andean wetlands— including salt flats, lakes, and lagoons —are globally recognized as ecosystems of high ecological and social importance. However, they are also very fragile and threatened by the climate crisis and by extractive activities such as the mining of lithium, copper, and other minerals considered "critical" for the transition to new forms of energy production. 10. AIDA celebrates 25 years of working for a healthy environment. This year we celebrate our 25th anniversary, a quarter century of defending the right to a healthy environment in Latin America. Our journey and our impact have been made possible by a great community of allies with whom we have worked and with whom we share this year of celebration. This milestone enabled us to reflect on our accomplishments, which are reflected in our 2023 Annual Report, and to define a vision for the coming years focused on the quest for climate and environmental justice in the region. Thank you for being part of these 25 years and the decades to come!
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