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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Indifference to life and health in Peru
By María José Veramendi Villa, @MaJoVeramendi In Peru, every year around 400 children die of cold. I learned this dramatic figure a few weeks ago when I read a column titled “Dying from Indifference,” by Congresswoman Veronika Mendoza. I asked with genuine indignation: How is it possible that children could die of cold in a country that prides itself on its mineral wealth, its great attraction for foreign investment, its tourism and culinary strengths? A country that hosts major world events such as the Conference of State Parties to the UN Framework Convention on Climate Change? Besides the lack of political will from our leaders, who worry more about looking good in photos taken at grand events, the answer can be found in a key paragraph of Mendoza’s column: “Where could such political will come from if no one is moved, if no one is indignant that these children die, perhaps because they tend to be “somewhere else,” usually peasants, who often speak Quechua or Aymara?” Regret before prevention On July 18, 2015, the government issued a supreme decree that declared a state of emergency in some districts and provinces of the country, due to frost. The first paragraph of the decree states that “every year and on a recurring basis, between the months of May and September, our country experiences weather events related to low temperatures, such as frost in our highlands, as was observed in recent seasons with extreme temperatures well below 0 ° C ...” If these weather events occur every year, why not prevent their impacts? In 2004, information from the Tyndall Centre, University of Manchester, revealed that Peru is the third most vulnerable country to the effects of climate change, the main cause of such phenomena as increasingly intense frost. Indifference to the violation of human rights Indifference in Peru not only manifests itself in children dying of cold in remote communities, but also La Oroya, a city only 175 kilometers from Lima. In a context of extreme industrial pollution, the population, including children, has for many years suffered violations of the rights to life and health. On August 11, a strike organized by the workers of the metallurgical complex in La Oroya, and the subsequent closure of the main highway that provides access to the center of the country, set off alarm bells in the city. Not bells that should sound when pollution limits are exceeded, but those of a long-neglected social demand. The metallurgical complex, owned by the company Doe Run Peru, is for sale and in the process of liquidating. According to information released to the public, no interested party submitted a financial offer because Peruvian environmental standards are too strict. In response, the workers took control of the road, demanding that the State relax those standards so the complex can be sold and they retain their jobs. The protest left one dead and 60 wounded. It ended after the signing of a five-point agreement, which does not mention the rights to life and health of the population of La Oroya. In a city that has been subjected to unchecked contamination for more than 90 years, Doe Run Peru has continued to obtain extensions to meet its environmental obligations. In July 2015, the company obtained a further extension of 14 years for the complex to meet environmental standards. But what about the life and health of the people? The State has not seen that environmental standards are met in La Oroya. Neither has it fully safeguarded the health of its inhabitants: • The air quality alert system has not been activated properly. • The doctors in charge of health and the heavy metals strategy are scarce and face the constant risk of running out of resources to continue working. • The State insists on asking the Inter-American Commission on Human Rights to lift the measures ordered in 2007 to protect the lives and health of a group of La Oroya residents. Speaking Loudly Children are as vulnerable to cold as they are to the effects of industrial pollution. However, the State only comes to their aid in times of crisis or when it is too late. It sounds like a cliché, but children are our hope. Let us listen so they don’t die of cold and are no longer poisoned! Otherwise, we will also be victims of the disease of indifference.
Read morePeople harmed by environmental contamination in La Oroya have been waiting for seven years for the State to guarantee their rights
In 2007, the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to provide medical care and institute environmental controls. These measures have yet to be implemented fully and the health of the affected people continues to deteriorate. The IACHR has yet to reach a final decision in the case. La Oroya, Peru. Seven years have passed since the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to adopt precautionary measures in favor of the individuals affected by toxic contamination in the city of La Oroya. Those affected, including boys and girls, still have not received the medical attention they require and their health continues to deteriorate. On August 31, 2007, the IACHR granted precautionary measures in favor of 65 inhabitants of La Oroya who were poisoned by air, water, and soil contaminated by lead, arsenic, cadmium, and sulfur dioxide coming from the metallurgical complex of the Doe Run Perú Corporation. In light of the gravity and urgency of the situation, the Commission asked the Peruvian State to take actions necessary to diagnose and provide specialized medical treatment to affected persons whose personal integrity or lives were at risk of irreparable harm. Although some medical attention was provided, the required comprehensive, specialized care has not. Now there are dire risks of setbacks. To date, the Health Strategy for Attending to Persons Affected by Contamination with Heavy Metals and Other Chemical Substances, which is operating in the La Oroya Health Center, does not have an assured budget starting in September and for the remainder of the year. The Strategy is essential for complying with the precautionary measures, given that the diagnosis and specialized medical treatment for the beneficiaries depend on it. Without a budget, the continuity of the medical personnel attending not only to the beneficiaries but also to the entire population of La Oroya will become unviable. "The precautionary measures continue to be in force; after seven years, there has not been full compliance with them. Nonetheless, the State insists on requesting that they be lifted, despite the fact that the health of the population is deteriorating and constant risk [exists]," declared María José Veramendi Villa, attorney for the Inter-American Association for Environmental Defense (AIDA). On a related note, the IACHR continues to study the suit filed in 2006 for violations of the human rights of the same group of affected persons. The case is based on the failure of the Peuvian State to adequately control the activities of the metallurgical complex and protect the health and other rights of the affected persons. Regrettably, these individuals’ situation is worsening, and five years after accepting the suit, the IACHR has yet to reach a final decision. "Delay affects us more and more all the time. Our maladies are worsening. During this time, we have lost many of our fellows and seen our children fall ill," declared one of the affected individuals whose name is being withheld for reasons of security. Currently the metallurgical complex is undergoing a process of liquidation, but its operations will continue during the process of being sold. However, in May the complex had to suspend its operations because its suppliers stopped providing it with concentrates due to the company’s financial problems. "Although operations have been suspended, the violations of the individuals’ human rights have already occurred. Therefore, the Peruvian State must comply with its human rights obligations and guarantee that the company and its new owners comply with their obligations to protect the environment and human health," stated Jorge Abrego, attorney for the Asociación Pro Derechos Humanos [Association in Favor of Human Rights] (APRODEH).
Read moreReport on the situation in La Oroya (Peru): When investor protection threatens human rights
The International Federation for Human Rights (FIDH) presented a balance of the controversial case of industrial pollution. Huancayo, Peru – The International Federation for Human Rights (FIDH) released a report on the situation in La Oroya, a city in the central Andean region of Peru that is at the center of a controversial case of industrial pollution caused by a poly-metallic smelter in operation since 1922. For decades, the people of La Oroya have been exposed to high levels of air pollution stemming from the complex’s emissions of toxic substances including lead, cadmium, arsenic and sulfur dioxide. In the middle of the 2000s La Oroya was identified as one of the 10 most polluted cities in the world. According to independent studies, 97% of children between the ages of 6 months and 6 years, and 98% of those between 7 and 12 years old still have high levels of lead in their blood. The percentage reaches 100% in La Oroya Antigua, the area closest to the smelter. The effects of lead poisoning are irreversible. Doe Run Peru, a subsidiary of the U.S.-based Doe Run Company, began operating the complex after its privatization in 1997. Both the company and the Peruvian State have failed to comply with their obligations to prevent environmental impact and respect the human rights of the population of La Oroya. In response, the Interamerican Association for Environmental Defense (AIDA) and other organizations requested the Inter-American Commission on Human Rights (IACHR) in 2005 to issue precautionary measures for people whose health was at serious risk from the pollution in the city. On August 31, 2007 the IACHR ordered the State to adopt measures to protect the health, integrity and life of a group of residents of La Oroya. The precautionary measures require Peru to provide a specialized medical diagnostic to the beneficiaries plus specialized and adequate medical treatment to those who, based on the diagnosis, are in danger of irreparable damage to their physical integrity or lives. Also since 2007, a complaint against Peru has been pending before the IACHR for the violation of human rights due to the toxic emissions from the La Oroya Metallurgical Complex. AIDA, APRODEH, Earthjustice and the Center for Human Rights and Environment (CEDHA) are representing the victims and the beneficiaries of the precautionary measures in the case. “AIDA has been working and monitoring the situation in La Oroya for over a decade. Over this time we have seen the extent of the damage to victims’ health in La Oroya due to the pollution that they have been and continue to be exposed to. The State must assume its obligations and fully comply with the IACHR´s precautionary measures that are in effect”, said Maria Jose Veramendi, an AIDA legal advisor. Meanwhile, parents of children with high levels of lead in their blood have tried to obtain compensation for the damages through a collective action in the United States (Missouri), headquarters of the complex’s parent company The Renco Group. In late 2010, Renco initiated international arbitration alleging its rights as a foreign investor as guaranteed by the Free Trade Agreement between Peru and the United States were violated. Renco asked for compensation of $800 million. “The company not only denied the impacts on the citizens and tried to evade responsibility, but in the face of the protests it pursued a campaign of stigmatization and attacks against those who were trying to defend their rights”, said Souhayr Belhassen, president of the FIDH. This case illustrates the conflict between international human rights law and investor protection. It also exposes the legal strategy of the companies allegedly involved in human rights violations that seek to evade responsibility and deny victims their right to reparation. The FIDH report, entitled Metallurgical Complex of La Oroya: When investor protection threatens human rights, includes a series of recommendations directed at the Peruvian authorities and the company involved. AIDA and APRODEH, as organizations representing the victims of La Oroya before the Inter-American Human Rights System, thank the FIDH and believe that the report is an important contribution to visualize the increasingly serious human rights violations suffered by the residents of La Oroya, who still expect the State to recognize its responsibility and bring justice to their claims. At the same time, the Archdiocese of Huancayo, whose role in defending the right to a healthy environment in La Oroya has been crucial, says the report is a major contribution to its work. See de PDF version of the report.
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