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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Commitments to marine conservation: A look back at Our Ocean 2023
"Our ocean, our connection." That was the theme of the eighth Our Ocean Conference, held March 2-3 in Panama, the first Latin American country to host the annual event. The conference began in 2014 as an initiative of the U.S. State Department to draw international attention to the serious global threats to the ocean and to secure to concrete commitments for marine conservation and sustainable development. The event brought together heads of state and representatives of the private sector, civil society and academic institutions under the specific objective of highlighting the urgency of implementing effective area-based management measures as part of interconnected systems including marine protected areas, the development of a global blue economy, and approaching innovative solutions to marine pollution. An AIDA delegation attended the conference and participated in the plenary sessions and side events. The following is a summary of the event. The inspiring The focus of the conference Our Ocean is not a space for sharing knowledge about this vast ecosystem and its biodiversity. The environmental community already knows for certain that the ocean must be effectively protected as soon as possible and that there is no need to present further evidence of the multiple services it has provided to humanity for centuries. The conference brought together leaders and ministers to advance international agreements and pressure nations to commit to taking the necessary steps to protect the ocean. The power of a generation The voice of youth was prominent throughout the conference, represented for example by more than 70 members of the Sustainable Ocean Alliance (SOA), which since 2014 has built the world's largest network of new generations of people working to create solutions to the ocean's greatest challenges. Hearing youth leaders speak passionately about the importance of caring for the planet for generations to come was encouraging. As the youngest member of AIDA, I found inspiration in meeting other young people advocating for the ocean and its biodiversity. In my daily work I’m surrounded by news and numbers about the damage humanity has caused to the ocean and being part of this conference helped me see the other side of the coin. Those of us who are actively working for a healthier, cleaner and more protected ocean are part of the change and, in large part, it is thanks to us that high officials have stopped to look at the evidence and take concrete action. It is this generation that will inherit the management of the ecological crisis, whose voice deserves to be reflected in commitments to improve the way we relate to the ocean. The positive Support for seabed defense AIDA co-hosted a side event on deep-sea mining with the not-so-simple task of bringing together decision-makers to support a moratorium on deep-sea mining and seabed protection. Thanks to the impetus of a group of co-organizers—including young people from Comms Inc, The Oxygen Project, Only One and SOA—Palau President Surangel Whipps Jr. and Fiji Prime Minister Sitiveni Rabuka attended the event. High-level representatives from Latin American and European countries also attended. It was a space for dialogue between civil society and invited authorities that resulted in encouraging commitments, including France's commitment (seconded by Germany) to invest in scientific research of the seabed and to stop investments in industrial processes related to deep-sea mining. World-renowned oceanographer Sylvia Earle touched the audience with her love for the ocean and her undying commitment to its protection. Those who attended reaffirmed their commitment to the moratorium and the search for alternatives. Commitments to marine biodiversity Overall, the conference provided a unique platform for several nations to make valuable commitments. Participating government delegations made 341 commitments worth nearly $20 billion, including funds to expand and enhance marine protected areas and biodiversity corridors. In Latin America, Panama announced the expansion of Banco Volcán, a marine reserve in the Caribbean, from 14,212 to 93,000 square kilometers. With this, Panama will be protecting 54 percent of its exclusive economic zone, meeting the goal of protecting 30 percent of its territory by 2030. And Ecuador committed to protecting its first eighty nautical miles (14,800 square kilometers), allowing for only artisanal fishing. This decision positions Ecuador as a Latin American leader in marine conservation and sustainable natural resource management. Ecuador called on the other countries that make up the Pacific Marine Corridor—Costa Rica, Panama and Colombia—to take similar measures to preserve one of the most biodiverse spaces in the ocean. What's next? Nations are now expected to comply with their announced commitments. In the region, Panama and Ecuador must expand their protected territories, ensuring the adequate monitoring of biodiversity and the sustainable management of resources. Similarly, it is expected that the countries of the Pacific, Latin America and the European Union that have declared their support for halting deep-sea mining will continue with actions consistent with that position, including active participation in meetings of the Seabed Authority, supporting the moratorium or precautionary pause on extractive activity. While there is certainly a long way to go, each decision announced at the conference in favor of preserving marine biodiversity provides some hope and motivation for our work. We will continue to collaborate with governments and communities to preserve the ocean, the planet's largest and most diverse ecosystem.
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Agreement reached to advance High Seas Treaty
New Treaty agreed to protect half the planet but formal adoption still required. Late this evening governments meeting at the United Nations in New York reached agreement on key substantive issues for a new treaty to protect high seas marine life. To ensure this hard won progress is not lost, The High Seas Alliance is calling for the UN to conclude the formalities of adoption as soon as possible in the final resumed session. "Following a two week long rollercoaster ride of negotiations and super-hero efforts in the last 48 hours, governments reached agreement on key issues that will advance protection and better management of marine biodiversity in the high seas," said Rebecca Hubbard, Director of the High Seas Alliance. The high seas, the area of ocean that lies beyond countries’ national waters, is the largest habitat on Earth and home to millions of species. With currently just over 1% of the high seas protected, the new treaty will provide a pathway to establish marine protected areas in these waters. It is also a key tool to help deliver the recently agreed Kunming-Montreal target of at least 30% protection of the world’s ocean by 2030 that was just agreed in December- the minimum level of protection scientists warn is necessary to ensure a healthy ocean. But time is of the essence. The new Treaty will bring ocean governance into the 21st century, including establishing modern requirements to assess and manage planned human activities that would affect marine life in the high seas as well as ensuring greater transparency. This will greatly strengthen the effective area-based management of fishing, shipping and other activities that have contributed to the overall decline in ocean health. The issue of sufficient financing to fund the implementation of the treaty, as well as equity issues surrounding the sharing of benefits from marine genetic resources was one of the key sticking points between North and South throughout the meeting. However, right up to the final hours of the meeting, governments were able to land an agreement that provided for equitable sharing of these benefits from the deep sea and high seas. "It’s been a very long journey to get to a treaty. We will be looking to the 52 states that make up the High Ambition Coalition to lead the charge to adopt, ratify and identify important high seas areas to protect," said Hubbard. High Seas Alliance Member Quotes Gladys Martínez de Lemos, Executive Director, Interamerican Association for Environmental Defense (AIDA): "Governments have taken an important step that strengthens the legal protection of two-thirds of the ocean and with it marine biodiversity, the livelihoods of coastal communities and global food sovereignty. The agreement sets out a path for establishing areas of high and full protection on the High Seas, as well as for the environmental assessment of projects and activities that may harm this vast area." Laura Meller, oceans campaigner, Greenpeace Nordic: "This is a historic day for conservation and a sign that in a divided world, protecting nature and people can triumph over geopolitics. We praise countries for seeking compromises, putting aside differences and delivering a treaty that will let us protect the oceans, build our resilience to climate change and safeguard the lives and livelihoods of billions of people. We can now finally move from talk to real change at sea. Countries must formally adopt the treaty and ratify it as quickly as possible to bring it into force, and then deliver the fully protected ocean sanctuaries our planet needs. The clock is still ticking to deliver 30x30. We have half a decade left, and we can’t be complacent." Matthew Collis, Deputy Vice President for Policy, IFAW: "The agreement of a new Treaty to conserve the high seas is a wonderful way to celebrate World Wildlife Day for ocean animals and their high seas homes. IFAW congratulates governments on this significant step, which charts a course to protect 30% of the ocean by 2030. To achieve 30x30, governments must now adopt, ratify and implement the new Treaty without delay." Minna Epps, Director of Global Marine and Polar Programme, IUCN: "The High Seas Treaty opens the path for humankind to finally provide protection to marine life across our one ocean. Its adoption closes essential gaps in international law and offers a framework for governments to work together to protect global ocean heath, climate resilience, and the socioeconomic wellbeing and food security of billions of people." Lance Morgan, President, Marine Conservation Institute: "Coming on the heels of the Global Biodiversity Framework, this historic agreement is a huge step towards ensuring marine protected areas in the High Seas and reaching 30x30." Lisa Speer, Director of the International Ocean program, Natural Resources Defense Council (NRDC): "This text provides the basis for protecting key biodiversity hotspots in the high seas. We now have a pathway to achieve the goal of meaningfully protecting at least 30% of the ocean by 2030, a goal that scientists tell us is crucial to maintaining ocean health in the face of ocean warming, acidification and other impacts of climate change. Now let’s get started." Fabienne McLellan, Managing Director, OceanCare: "This Treaty will be the game-changer the ocean urgently needs. We particularly welcome the conservation focused elements, such as environmental impact assessments. EIAs are one of the most effective and important mechanisms to prevent, mitigate and manage harmful activities in cases where there is severe harm to marine life through, for instance, underwater noise pollution. While we advocated for more ambition in the EIA provisions, these requirements will nevertheless strengthen ocean conservation." Susanna Fuller, VP Conservation and Projects, Oceans North: "Following the Kunming Montreal Agreement, which sets out a global path for biodiversity protection, this treaty will bring a similar ambition to the high seas. Because Canada’s waters are bounded by three international ocean basins, it has an outsized role in ensuring that the treaty is fully implemented, once formally adopted." Liz Karan, Director of Ocean Governance project, Pew: "The effective implementation of this landmark treaty is the only pathway to safeguard high seas biodiversity for generations to come and provides a pathway for nations to fulfill the 30 by 30 target. Governments and civil society must now ensure that the agreement is adopted and rapidly enters into force." Christopher Chin, Executive Director, The Center for Oceanic Awareness, Research, and Education (COARE): "With this finalized text, the world is now one great step closer to embracing the importance of the High Seas, and to achieving the 30x30 objectives. Once adopted, however, member States must still ratify the treaty, and we call upon them to do so swiftly." Andrew Deutz, Director of Global Policy, Institutions & Conservation Finance, The Nature Conservancy: "While the treaty leaves room for improvement, we should nevertheless celebrate the fact that –after more than a decade of discussions and three concerted attempts to wrestle it across the line – we finally have a global framework in place for the conservation and sustainable use of biodiversity for almost half of our planet’s surface. Whether this has arrived in time to slow the accelerating ecological crisis happening in our ocean will depend on how quickly countries can ratify the treaty at national level and start mainstreaming ambitions like 30x30 into both their own decision-making, and that of the global bodies which manage human activity on the high seas. If they can do so swiftly, putting people and planet above politics, we may yet have a chance to move beyond the damaging status quo and into a new era of nature-positive stewardship for this most critical of ecosystems." Farah Obaidullah, Ocean Advocate and Founder, Women4Oceans: "This is an historic moment for humanity and for the protection of all living beings in our global ocean. A rare and welcome moment of hope for all of us rightfully concerned with the state of the world. Almost half our planet will now have a chance of some sort of protection from the ever-increasing onslaughts to the ocean. This treaty comes not a moment too soon. With the climate and global wildlife crises worsening and a reckless new industry of deep-sea mining on the horizon, we cannot afford any delays in putting this treaty into force." Press contacts: Patricia Roy (EU), +34 696 905 907 Michael Crocker (US), +1 (207) 522-1366 Mirella von Lindenfels, + 44 7717 844 352 Julio Whalen-Valeriano (UN), +1 (850) 292-4689
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Open Letter from Civil Society Organizations to the President of the Inter-American Development Bank
The undersigned group of civil society organizations greet you as you begin your term as President of the Inter-American Development Bank. We extend to you our best wishes as you assume this task of great responsibility for the people of Latin America and the Caribbean.We take this opportunity to introduce ourselves and express our willingness to continue contributing to the Bank's actions pursuing the region's development. Since 2017, our organizations have been monitoring and making recommendations on the IDB policies and projects, in partnership with local communities and populations. In particular, we promote the Bank’s establishment of better social and environmental policies and practices, as well as adequate and transparent spaces for participation that allow improving the IDB's link and interaction with civil society. To mention just a few examples, we highlight our contributions to the Environmental and Social Policy Framework (ESPF), to the updates of the MICI policy and in the accompaniment of specific cases, and in the revision process of the Access to Information Policy and in the dialogues on the IDB-Amazon Initiative.In conjunction, we are permanently monitoring the Bank's policies and investments throughout the region, including in projects involved in the response to and recovery from the Covid pandemic and many others.We consider it essential that the Bank strengthen its practices and operations, facilitating the promotion and respect for human rights, with special attention paid to the needs of communities and indigenous peoples who are at the forefront in the defense of nature, as well as the protection of key ecosystems in the fight against climate change.Given the relevance of public participation in promoting full development, we reiterate our request to the Bank to generate constructive and lasting participation mechanisms. In particular, we request that the space for dialogue with civil society be reopened in the framework of the next IDB Annual Meetings. This space was a traditional practice that was interrupted in 2014 and has not been resumed to date.We understand that a space for IDB articulation with civil society (social organizations and movements, Indigenous groups, and others who are affected) is not only a good practice that other multilateral agencies are already implementing, but would also contribute to advance the objectives of your administration. As stated in your inaugural speech last January, you stressed your desire to "seize all opportunities for dialogue" and collaborate with different actors to address the most pressing problems of our region.Thus, your administration has an historic opportunity to generate greater openness towards civil society organizations and communities potentially affected by Bank-financed operations. We believe that this demand can no longer be postponed, and that this long-standing claim must be addressed in order to strengthen the work together with the peoples of the region.We remain at your disposal to discuss the points raised in this letter and other matters of common interest at your convenience. Kind regards, Accountability CounselAMATE El SalvadorArticulación Salvadoreña de Sociedad Salvadoreña de Sociedad Civil para la Incidencia en las Instituciones Financieras Internacionales (ASIFI)Asociación Ambiente y Sociedad (Environment and Society Association)Interamerican Association for the Defense of the Environment (AIDA)International Accountability ProjectBank Information CenterCenter for International Environmental Law (CIEL)Coalition for Human Rights In DevelopmentCohesión Comunitaria e Innovación Social A.C. (Mexico)Conectas Direitos HumanosDerecho, Ambiente y Recursos Naturales (DAR, Perú)Ecoa - Ecology and ActionFoundation for the Development of Sustainable Policies (Fundeps)CAUCE Foundation: Environmental Culture - Causa Ecologista (Argentina)Gender ActionInternational RiversMesa de Discapacidad y Derechos (Perú)International Platform against ImpunityProtection International MesoamericaSociedad y Discapacidad - SODIS (Perú)Sustentarse (Chile)Wetlands International / Fundacion Humedales (Argentina) Read and download the letter
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