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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La Oroya before the Inter-American Commission on Human Rights
In an effort to compel the Peruvian government to resolve the health crisis in La Oroya, AIDA appealed to the Inter-American Commission on Human Rights (IACHR) in 2005, requesting that the Commission take urgent precautionary measures (in Spanish) to safeguard human rights. Working together with Earthjustice, CEDHA, and our Peruvian colleagues, we brought this case on behalf of more than 60 adults and children who live in La Oroya and suffer from health problems believed to be caused by the smelter’s pollution. The following year, after the government failed to heed Peruvian court mandates to clean up La Oroya, we submitted a full petition to the IACHR, asking the Commission to thoroughly evaluate the human rights situation and obligate the State of Peru to prevent the Doe Run Peru smelter from further contaminating the city. The Commission responded favorably to our efforts. In 2007, the IACHR requested that the State of Peru take precautionary measures to prevent irreversible harm to the health, integrity, and lives of the people of La Oroya. Specifically, as a first step, the Commission requested that the Peruvian government diagnose and provide specialized medical treatment to the group of people we represent. When the government was slow to comply, the Commission met with the parties again in 2008 and 2009, and successfully motivated the state to implement the measures appropriately, a process currently in progress. In August 2009, the IACHR accepted AIDA’s petition to fully evaluate the case against Peru. It based its decision on the fact that the illnesses and deaths allegedly resulting from the severe pollution constitute potential violations of the human rights to life and integrity. It also found that the State of Peru likely violated the public’s right to information when it manipulated and failed to publish important human health information. Finally, the Commission concluded that the State of Peru unjustifiably delayed compliance with the 2006 decision of the Peruvian Constitutional Tribunal, and thus may be violating citizen’s rights of access to justice and to effective domestic remedies. Now, several years after the IACHR first ordered Peru to provide precautionary measures, it is clear that the state’s efforts have been woefully inadequate. The 65 residents represented by AIDA have received spotty medical attention that falls far short of the “specialized” care that was promised, and the government’s efforts have not reduced health risks in a meaningful way. In March 2010, AIDA and its partners returned for another public hearing at the IACHR, to present evidence that the Peruvian government’s actions fail to satisfy the terms of the 2007 recommendations. Backed by findings from independent experts, AIDA argued that the medical evaluations conducted by the government were never completed and that the city is still contaminated by heavy metal pollution that causes a range of debilitating conditions, especially among children. The State denied these claims, insisting that it has taken sufficient action and the case should be closed. While we wait for a final decision on the case, AIDA will continue to pressure the Peruvian Ministry of Health to comply with its obligations, and to encourage the IACHR to maintain a spotlight on the Peruvian State until the pollution in La Oroya no longer threatens people’s fundamental human rights. Positive changes resulting from this case will not only benefit those we represent, but all residents of La Oroya. A decision from the IACHR will also create a vital precedent that can be applied in other cases throughout the hemisphere. IACHR hearing - La Oroya Follow us on Twitter: @AIDAorg "Like" our page on Facebook: https://www.facebook.com/AIDAorg
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La Oroya triumphed in the Constitutional Court, but the ruling was not implemented
In 2006, the Peruvian Constitutional Tribunal recognized that high levels of pollution in La Oroya were causing serious health problems for the local population. The Tribunal ordered the Ministry of Health to comply with the law and take urgent action to prevent additional irreversible impacts to the environment and human health. This decision was supported by numerous scientific reports from the government, civil society organizations, and Doe Run Peru, which operates the smelter. In its decision, the Tribunal accepted all the arguments presented by the Peruvian Society for Environmental Law (SPDA), which represented La Oroya citizens in the case with AIDA’s support. The court gave the government 30 days to: Provide emergency medical attention for people contaminated with lead, giving priority to pregnant women and children; Implement an action plan to improve air quality in La Oroya; Declare States of Alert when pollution levels are excessive; Establish epidemiological and environmental monitoring programs. This ruling established a key legal precedent for three fundamental reasons. First, it recognized that extremely high pollution levels like those in La Oroya can cause serious and irreversible harm to people’s health, violating human rights. Second, it reiterated the State’s obligation to protect citizen rights, requiring specific actions to reduce health threats. Third, by ordering the State to coordinate with the polluting company, the Tribunal confirmed that corporations are responsible for conducting their businesses in ways that respect the human rights to health, to life, and to a healthy environment. In response to this ruling, the Peruvian government made some changes, but by no means complied fully with the order. Thus, in 2006, AIDA, in conjunction with Peruvian lawyers, Earthjustice, and CEDHA, brought the case to the Inter-American Commission on Human Rights. Through this case, we seek enforcement of the Peruvian court’s order and implementation of additional measures that would truly protect health in La Oroya. Follow us on Twitter: @AIDAorg "Like" our page on Facebook: https://www.facebook.com/AIDAorg
Read moreInter-American Commission admits case on human rights violations in La Oroya
FOR IMMEDIATE RELEASE: August 19, 2009 IACHR Will Examine Case Against Peru for Violating the Human Rights of Residents of La Oroya, A City Extensively Contaminated by the Doe Run Peru Smelter ► According to the Inter-American Commission on Human Rights of the Organization of American States, Peru may be violating the rights to life, personal integrity, and to information and access to justice, due to toxic pollution from Doe Run Peru’s multi-metal smelter in La Oroya, Peru. ► The potential extension of an environmental management plan for the complex, announced by Peruvian President Garcia, must include effective measures to guarantee against further human rights violations. WASHINGTON, D.C. – The Inter-American Commission on Human Rights (IACHR) will examine a complaint against Peru for human rights violations in La Oroya, a Peruvian town described as one of the “most contaminated places on earth.” AIDA, Earthjustice and CEDHA submitted this case in 2006 with the local support of the Peruvian Society for Environmental Law (SPDA). In the Inter-American Commission’s recent report accepting the case, it “considers that the alleged deaths and/or health effects of the presumed victims are a consequence of acts and omissions by the State with regard to environmental pollution arising from the multi-metal complex operating in La Oroya, which if proved could constitute a violation of the rights conferred in Articles 4 [life] and 5 [personal integrity] of the American Convention.” “This claim stems from the lack of action by Peru, considering that the government has known about the impacts of the pollution on persons and the environment for at least ten years without acting to resolve the contamination problem,” states AIDA Co-Director, Astrid Puentes. “Even if some steps have been taken in La Oroya, the measures implemented have not been effective in safeguarding health and the environment, as noted by the Peruvian Constitutional Court, the Ministry of Health, and the Commission.” “This is excellent news that brings us hope that things will finally improve in La Oroya” said one of the case’s plaintiffs, whose names are confidential. In 2006 the Constitutional Court of Peru ordered actions to protect public health in the city. The “unjustified delay” in complying with this order may also constitute a violation of the human rights of access to justice and judicial guarantees. The Commission will also investigate whether Peru’s actions violate the right to access to information and freedom of expression. In addition to serious health effects, this case alleges unjustifiable limits to accessing information about the community’s environmental and human health situation and pressure toward those trying to distribute this information. The IACHR’s decision to examine the complaint coincides with negotiations between the Peruvian Government and the Doe Run Peru company, owner of the Multi-Metal Complex, over a potential extension for the complex’s Environmental Management Plan (PAMA). The effective implementation of this plan would improve environmental quality in the area. There is little certainty whether the company will ever meet its obligations for environmental controls under this Plan, as the government has already granted several extensions. The Commission will likely monitor the compliance process and consider the results in any final decision regarding the violations of human rights in Peru. The PAMA does not actually allow for extensions, and the government could fine the company for violating the Plan. If Peru does not impose fines, it would further prolong the unjustified delay of actions necessary to control the pollution in La Oroya and protect the human rights of its inhabitants,” states José Luis Capella, of SPDA. “Any future decision regarding the PAMA must include effective measures to enforce the obligations to improve health and the environment in the city already contained within the Plan.” Connected with this case, the IACHR also requested in 2007 that Peru implement urgent precautionary measures to guarantee the life and safety of La Oroya residents. These measures insist that Peru provide specialized medical evaluations and treatment for those affected by the toxic pollution. “The IACHR’s acceptance of this case is vital to protect human rights in La Oroya. It demonstrates that the severe pollution in the city has an impact, not only on the environment, but on human health, and that it affects their human rights,” stated Martin Wagner Director of the International Program of Earthjustice. “We hope the case has positive impact on the protection of human rights in La Oroya and in the region."
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