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
OECD to investigate human rights abuses filed against the owners of Cerrejón coal mine; BHP, Anglo American and Glencore
Parallel complaints also filed in Ireland against state owned-company for purchasing coal and Dublin-based sales wing of mining enterprise. Multiple National Contact Points (NCPs) of the Organisation for Economic Co-operation and Development (OECD) will begin the process of investigating three international mining giants (BHP, Anglo American and Glencore) and Ireland’s state-owned energy provider, the ESB, over serious human rights abuses and devastating environmental pollution at the Cerrejón coal mine in Colombia. Parallel complaints were filed simultaneously in Australia, Ireland, Switzerland and the UK by the Global Legal Action Network (GLAN) with the support of international development agency Christian Aid Ireland as well as Colombian and international human rights and environmental NGOs - CINEP, CAJAR, AIDA, ABColombia and ASK. If successful, the three companies which jointly own the Cerrejón mine will have to take steps to comply with the OECD Guidelines for Multinational Enterprises, including progressively closing down the mine in full and environmental restoration. The complaints against the mining giants also call for the full compensation of communities for the harms they have suffered. The complaints outline how the Cerrejón mine, one of the largest open-pit mines in the world, is linked to the forced displacement of indigenous and Afro-Colombian communities and the widespread, persistent and extreme pollution of the air and water in the vicinity of the mine. High concentrations of harmful metals, which can cause diseases such as cancer, were found by Colombia’s Constitutional Court to exist in the blood of those living nearby. The complaints point to Cerrejón’s failure to comply with multiple Colombian court judgments against it. In September, several prominent UN human rights experts called for some of the mine’s operations to be suspended following a request to intervene by Wayuu indigenous people. The complaints allege that the parent companies of the Cerrejón mine, as its joint owners, are responsible under the OECD Guidelines for Multinational Enterprises for the harms caused by its operations. Separate complaints have also been lodged against Dublin-based Coal Marketing Company (CMC), which is the exclusive marketer of coal from the Colombian mine, as well as Ireland’s Electricity Supply Board (ESB), which has been a major purchaser of the mine’s coal. In 2019, the UN Committee on the Elimination of Racial Discrimination recommended that Ireland “consider stopping purchasing coal from the Cerrejón mine”. All five complaints have been lodged with the relevant National Contact Points for the OECD, which are tasked with ensuring that companies comply with the OECD Guidelines for Multinational Enterprises. Director of GLAN Dr Gearóid Ó Cuinn said: “These parallel complaints in four different countries point to a systematic failure to respect basic human rights standards from the extraction, to the marketing, to the purchasing of Cerrejon coal. The long-standing abuses at the mine have been so egregious that there is no way for enterprises to respect human rights law and do business with Cerrejón.” Sorley McCaughey of Christian Aid Ireland said: “We see the impact that corporate human rights abuses are having in every corner of the world and the Cerrejón case underscores the inadequacy of voluntary guidelines for multinational companies. Governments globally, including the UK and Ireland, must introduce mandatory human rights and environmental due diligence legislation for companies to ensure they do not undermine the human rights of workers or the communities in which they work.” Rosa María Mateus Parra, lawyer with CAJAR, a Colombian human rights organisation and signatory to the complaints, said: “This is a striking example of the role played by large multinational companies in fuelling injustice. The people of La Guajira have borne the huge social and environmental costs of the mine, while harmful fossil fuel coal is exported around the world in the midst of the climate crisis and a small number of companies record huge profits.” Notes for editors If upheld the complaints filed in Australia, Switzerland and the UK would require joint-owners BHP, Glencore and Anglo American to close down the Cerrejón mine and compensate the affected communities for the harms it has caused. If upheld the separate complaint in Ireland against Dublin-based CMC would require it to stop selling Cerrejón coal. The complaint was submitted by Global Legal Action Network (GLAN), supported by Christian Aid Ireland, the Centro de Investigación y Educación Popular (CINEP), the Colectivo de Abogados ‘José Alvear Restrepo’ (CAJAR), Interamerican Association for Environmental Defense (AIDA), ABColombia and ASK - Arbeitsgruppe Schweiz Kolumbien. The Global Legal Action Network (GLAN) is a non-profit organisation that works to pursue innovative legal actions across borders to challenge powerful actors involved in human rights violations and systemic injustice by working with affected communities. GLAN has offices in the UK (London) and Ireland (Galway) | @glan_law | www.glanlaw.org. press contacts: Victor Quintanilla (México), AIDA, [email protected], +5215570522107 Dr Gearóid Ó Cuinn (Director), GLAN, [email protected], +447521203427
Read more
Fact Sheet: SPAW Protocol (Specially Protected Areas and Wildlife)
The Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region (Cartagena Convention) and its Protocol for Specially Protected Areas and Wildlife (SPAW Protocol) establishes that Contracting Parties have the obligation to regulate the protection of the vulnerable species and ecosystems of the region.The revised criteria for the nomination of species (1, 3, 4, 5, 6 and 10) determines the need to include essential species for vulnerable ecosystems - such as coral reefs, mangroves and seagrasses - in the species lists of Annexes II and III of the SPAW Protocol.The national or regional measures imply in a different way protection processes, biological monitoring of species, fishing recovery zones; analysis of catch data, health status of ecosystems, population dynamics and size; closed periods; and regulation of the capture, possession, transport, trade or total prohibition of the use of the species.In 2018, the Scientific and Technical Advisory Committee (STAC) prioritized the evaluation of herbivorous fish and currently the Species Working Group carries out the evaluation of parrotfish through the integration and analysis of scientific and regulatory data.Eleven of the 17 countries that have signed the Protocol have generated regulatory measures on herbivorous fish. Some regulatory experiences are in force, others are not, and there are those that came into force recently. Download the Fact Sheet in EnglishDownload the Fact Sheet in SpanishDownload the Fact Sheet in French
Read more
7 AIDA Advances of 2020
It was a year unlike any other. This new reality makes our victories and daily accomplishments all the more sweet. So we’re especially proud to report on the progress we've made toward a healthy environment and climate justice in Latin America. 1. Safeguarding the High Seas More than 99% of the global high seas—waters beyond national jurisdiction—are unprotected. To remedy this, over the past year we have led Latin American representation in the High Seas Alliance, collaborating with governments to negotiate an ambitious United Nations treaty to protect these waters and key migratory species of sharks, whales, turtles and tuna. The high seas are both essential to long-term ocean health and a critical carbon sink that helps mitigate climate change. 2. Influencing Divestment in the Amazon For nearly a decade we have worked to halt Brazil’s Belo Monte dam, which has displaced thousands of indigenous people and devastated hundreds of rare species. This year, our testimony led the Norwegian Pension Fund, the world's largest state-owned fund, to exclude one of the dam’s main financers, Eletrobras, from its portfolio because of environmental and human rights violations caused by the dam. This is a notable step toward justice for affected communities. 3. Defending Páramos from Mining We continued to protect páramos in Colombia and Ecuador from mining. These biodiverse, high-altitude forests and wetlands are critical carbon sinks that also provide fresh water for millions of people and habitat for endangered species. Our team contributed legal and technical expertise, and, in the case of Santurbán in Colombia, helped build capacity among local attorneys who are now leading the lawsuit to protect this páramo. 4. Protecting Environmental Defenders Latin America is the most dangerous region in the world for environmental defenders. This year, AIDA brought together more than 70 prominent environment defenders from 14 countries across Latin America to share current information about risks and effective strategies for defense. Participants discussed their challenges, identified gaps in knowledge, and developed new approaches for protecting themselves and their territories. 5. Halting Extractive Energy Development Our ongoing legal and technical expertise was critical to halting fossil fuel expansion. We continued litigation to uphold the moratorium on fracking and, helped prevent further coal mining expansion in Colombia, supported communities in Chile affected by coal power plants, and led efforts to hold International Financial Institutions accountable for funding harmful hydropower Guatemala and Colombia. This work is key to promoting the just transition toward truly clean energy. 6. Preserving Marine Biodiversity in Patagonia The Chilean Magallanes region is home to some of the largest whales and dolphins and one of the most pristine areas on our planet. The greatest environmental threat for this region is the salmon farming industry. Building on our past work, we used the law to halt expanded salmon farming and expose the harms the industry brings. Our work closed one salmon farm and set a precedent for the closure of seven others, all of which are under review by Chilean courts. 7. Strengthening Indigenous Land Management in Colombia In coalition with four indigenous communities of the Sierra Nevada de Santa Marta, we continued protecting their lands from illegal mining. Facing hundreds of proposed projects, we helped implement legal strategies demanding a new territorial management plan that recognizes the traditional governing authority of the indigenous. We also helped strengthen community capacity through workshops on environmental protection.
Read more