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:


Protests Challenge Hydropower Companies at Global Event in Paris

Civil society organizations denounce corporate attempts to label hydroelectric dams as “green energy,” citing human rights abuses and environmental damage. Paris, France—A coalition of activists, organizations and indigenous leaders convened a series of events this week in light of the opening of the World Hydropower Conference, calling attention to the socially and environmentally destructive nature of hydroelectric dams, as well at their climate-aggravating impacts.  From May 14-16, the International Hydropower Association (IHA) is hosting its biannual World Hydropower Congress in central Paris. The industry seeks to portray hydroelectric dams as a clean source of renewable energy, which they claim are essential for delivering the Paris Climate Agreement and the United Nations’ Sustainable Development Goals.  However, a broad coalition of environmental and human rights organizations, together with social movements, argue that the dam industry’s claims amount to greenwashing, and are aimed at capturing new sources of finance from institutions like the Green Climate Fund. They point to numerous cases where hydropower projects have provoked disastrous consequences for people and the environment. Citing mounting scientific evidence that dams are a significant source of greenhouse gases—CO2and, particularly, methane—civil society groups also highlight the role of dams in aggravating climate change.  A joint statement signed by more than 250 civil society groups from 70 countries calls attention to the false promises of hydropower and the urgent need for truly sustainable energy solutions. It is available in five languages. These and other issues—including the impacts of hydroelectric dams on natural and cultural heritage sites—were debated by scientists, activists and representatives of affected communities from Brazil, Colombia, Myanmar and Turkey in a parallel event to the IHA Congress, held at the Town Hall of the 6thArrondissement of Paris on May 13.  The conference was organized by the NGOs Planète Amazone, GegenStrömung / CounterCurrent, Rivers without Boundaries, International Rivers, and AIDA.   Myint Zaw, an activist and researcher from Myanmar who was awarded the 2015 Goldman Prize, was one of the speakers at the conference.  “The food security of millions of people is threatened by dam projects planned for the Irrawaddy River that would impact important farmlands needed for rice production along the river and in delta region,” Zaw said. During Tuesday’s opening of the World Hydropower Congress, representatives of indigenous communities, social movements and non-governmental organizations protested together with activists from Extinction Rebellion in front of the Espace Grande Arche in La Défense. A focus of the protest was to call attention to the growing number of human rights and environmental activists murdered in dam-related conflicts.  “Miguel Ángel Pabón Pabón disappeared as a result of his activism against the Hidrosogamoso Dam in Colombia, which has continued despite severe human rights violations,“ said Juan Pablo Soler from Movimiento Ríos Vívos of Colombia, mentioning one of many defenders lost.   In Gabon, the Kingélé and Tchimbélé dams are adversely affecting populations living beside rivers.  “During heavy rains, some villages are flooded when reservoirs overflow. Rivers turn into lakes, water becomes polluted and fish die intoxicated. There is no structure to help us on the ground, nor does the government hear our complaints, which is why we look abroad to issue a distress call,” proclaimed Assossa, a Pigmy leader. Three representatives of the Munduruku people from the Brazilian Amazon—Chief Arnaldo Kabá, Alessandra Korap and Candido Waro Munduruku—participated in both the parallel conference and the protest.  After the protest, the Munduruku attempted to hand deliver a letter to the corporate headquarters of Électricité de France (EDF), majority-controlled by the French government. EDF is involved in the controversial Sinop dam on the Teles Pires River, a tributary of the Tapajos, and has contributed to studies that promote the São Luiz do Tapajós mega-dam, which would flood Munduruku territory.  EDF representatives refused to speak with the Munduruku leaders.  “EDF invades our territory, destroys our rivers, our territory and our sacred places. And when we come here to deliver a letter to this huge company, we’re barred,” stated Alessandra Munduruku. “We’re sad, but we’re determined to continue our struggle to defend our territory.”  Press Contacts: Gert-Peter Bruch, Planète Amazone, [email protected] (French, English), + 33 (0)7 81 23 92 91 Brent Millikan, International Rivers, [email protected] (English, Portuguese), +55 61 8153-7009 Thilo F. Papacek, GegenStrömung – CounterCurrent / Forum Umwelt und Entwicklung, [email protected] (German, Portuguese, Spanish, English), ++49 151 412 145 19 Eugene Simonov, Rivers without Boundaries, [email protected](Russian, English, Chinese), +79 (0) 165 491 22 Resources:  Further information about the parallel event from May 13: http://www.transrivers.org/2019/2634/ The joint statement, available in Chinese, English, Portuguese, Russian and Spanish can be downloaded here: https://drive.google.com/open?id=1pgS3YHm4zy5_LFSSjRe0KH-DMK773DQI Link to the Munduruku letter of protest to EDF: Électricité de France (Portuguese and English):https://drive.google.com/file/d/1TxqIiOuJDxNUI2YKPtUBrE_wucJLFl-E/view?usp=sharing Press photos available free of charge (Credit: Todd Southgate): https://tinyurl.com/y34b2g7u Clip reel of protest at opening of IHA Congress and Munduruku attempt to deliver letter at IHA headquarters: https://youtu.be/9BrI3AqVnXE   Fact sheet from CounterCurrent on hydroelectric dams and UN Sustainable Development: tinyurl.com/y6mbjqj2  

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Protests Challenge Hydropower Companies at Global Event in Paris

Civil society organizations denounce corporate attempts to label hydroelectric dams as “green energy,” citing human rights abuses and environmental damage. Paris, France—A coalition of activists, organizations and indigenous leaders convened a series of events this week in light of the opening of the World Hydropower Conference, calling attention to the socially and environmentally destructive nature of hydroelectric dams, as well at their climate-aggravating impacts.  From May 14-16, the International Hydropower Association (IHA) is hosting its biannual World Hydropower Congress in central Paris. The industry seeks to portray hydroelectric dams as a clean source of renewable energy, which they claim are essential for delivering the Paris Climate Agreement and the United Nations’ Sustainable Development Goals.  However, a broad coalition of environmental and human rights organizations, together with social movements, argue that the dam industry’s claims amount to greenwashing, and are aimed at capturing new sources of finance from institutions like the Green Climate Fund. They point to numerous cases where hydropower projects have provoked disastrous consequences for people and the environment. Citing mounting scientific evidence that dams are a significant source of greenhouse gases—CO2and, particularly, methane—civil society groups also highlight the role of dams in aggravating climate change.  A joint statement signed by more than 250 civil society groups from 70 countries calls attention to the false promises of hydropower and the urgent need for truly sustainable energy solutions. It is available in five languages. These and other issues—including the impacts of hydroelectric dams on natural and cultural heritage sites—were debated by scientists, activists and representatives of affected communities from Brazil, Colombia, Myanmar and Turkey in a parallel event to the IHA Congress, held at the Town Hall of the 6thArrondissement of Paris on May 13.  The conference was organized by the NGOs Planète Amazone, GegenStrömung / CounterCurrent, Rivers without Boundaries, International Rivers, and AIDA.   Myint Zaw, an activist and researcher from Myanmar who was awarded the 2015 Goldman Prize, was one of the speakers at the conference.  “The food security of millions of people is threatened by dam projects planned for the Irrawaddy River that would impact important farmlands needed for rice production along the river and in delta region,” Zaw said. During Tuesday’s opening of the World Hydropower Congress, representatives of indigenous communities, social movements and non-governmental organizations protested together with activists from Extinction Rebellion in front of the Espace Grande Arche in La Défense. A focus of the protest was to call attention to the growing number of human rights and environmental activists murdered in dam-related conflicts.  “Miguel Ángel Pabón Pabón disappeared as a result of his activism against the Hidrosogamoso Dam in Colombia, which has continued despite severe human rights violations,“ said Juan Pablo Soler from Movimiento Ríos Vívos of Colombia, mentioning one of many defenders lost.   In Gabon, the Kingélé and Tchimbélé dams are adversely affecting populations living beside rivers.  “During heavy rains, some villages are flooded when reservoirs overflow. Rivers turn into lakes, water becomes polluted and fish die intoxicated. There is no structure to help us on the ground, nor does the government hear our complaints, which is why we look abroad to issue a distress call,” proclaimed Assossa, a Pigmy leader. Three representatives of the Munduruku people from the Brazilian Amazon—Chief Arnaldo Kabá, Alessandra Korap and Candido Waro Munduruku—participated in both the parallel conference and the protest.  After the protest, the Munduruku attempted to hand deliver a letter to the corporate headquarters of Électricité de France (EDF), majority-controlled by the French government. EDF is involved in the controversial Sinop dam on the Teles Pires River, a tributary of the Tapajos, and has contributed to studies that promote the São Luiz do Tapajós mega-dam, which would flood Munduruku territory.  EDF representatives refused to speak with the Munduruku leaders.  “EDF invades our territory, destroys our rivers, our territory and our sacred places. And when we come here to deliver a letter to this huge company, we’re barred,” stated Alessandra Munduruku. “We’re sad, but we’re determined to continue our struggle to defend our territory.”  Press Contacts: Gert-Peter Bruch, Planète Amazone, [email protected] (French, English), + 33 (0)7 81 23 92 91 Brent Millikan, International Rivers, [email protected] (English, Portuguese), +55 61 8153-7009 Thilo F. Papacek, GegenStrömung – CounterCurrent / Forum Umwelt und Entwicklung, [email protected] (German, Portuguese, Spanish, English), ++49 151 412 145 19 Eugene Simonov, Rivers without Boundaries, [email protected](Russian, English, Chinese), +79 (0) 165 491 22 Resources:  Further information about the parallel event from May 13: http://www.transrivers.org/2019/2634/ The joint statement, available in Chinese, English, Portuguese, Russian and Spanish can be downloaded here: https://drive.google.com/open?id=1pgS3YHm4zy5_LFSSjRe0KH-DMK773DQI Link to the Munduruku letter of protest to EDF: Électricité de France (Portuguese and English):https://drive.google.com/file/d/1TxqIiOuJDxNUI2YKPtUBrE_wucJLFl-E/view?usp=sharing Press photos available free of charge (Credit: Todd Southgate): https://tinyurl.com/y34b2g7u Clip reel of protest at opening of IHA Congress and Munduruku attempt to deliver letter at IHA headquarters: https://youtu.be/9BrI3AqVnXE   Fact sheet from CounterCurrent on hydroelectric dams and UN Sustainable Development: tinyurl.com/y6mbjqj2  

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An aerial view of the Amazon jungle surrounding the Belo Monte Dam in Brazil.

The False Promises of Hydropower

How dams fail to deliver the Paris Climate Agreement and UN Sustainable Development Goals A Joint Statement by Civil Society Organizations on occasion of the 2019 World Hydropower Congress in Paris, France We live in an age of urgency. Scientists have warned that we have little time to act to bring climate change under control and protect the integrity of life on our planet. Confronting the climate crisis requires creative solutions that both protect nature and respect human rights. Facing these challenges, we cannot remain silent onlookers while corporate profiteers, financiers, and their allies peddle false solutions for addressing climate change and implementing sustainable development. A flagrant example of such deception is the attempt to portray large hydroelectric dams as a ‘clean and green’ source of energy, as can be seen at the 2019 World Hydropower Congress. Organized in Paris by the industrial lobby of the International Hydropower Association (IHA) in partnership with UNESCO, the conference’s title reads, “Delivering the Paris Climate Agreement and the Sustainable Development Goals.”   Such glossy portrayals of hydroelectric dam projects—with an eye toward capturing financial incentives through mechanisms like Climate Bonds and the Green Climate Fund—conveniently ignore a long legacy of social and environmental catastrophes, economic waste and, all too often, massive corruption schemes that are the antithesis of truly sustainable development. ... A Call for Action The undersigned civil society organizations call on the members of the International Hydropower Association, governments and international financial institutions to implement the following urgent actions:  Steer priorities, investments and financial incentives away from additional hydroelectric projects and towards energy efficiency and truly sustainable renewable energy options (solar, wind and biomass and, when appropriate, micro-hydro). Special attention should be given to opportunities for technological innovation, decentralized generation and improving energy access among isolated, off-grid communities. Eliminate financial incentives for new hydroelectric projects within climate change mechanisms, such as the Green Climate Fund and Nationally Determined Contributions, and within programs to promote implementation of the UN Sustainable Development Goals (with the possible exception of micro-hydro projects). Commission independent audits of controversial existing dam projects and basin-wide cascades in terms of their social and environmental consequences, identifying steps to mitigate impacts and ensure just reparations for affected communities, based on direct consultations. When such measures are prohibitively expensive or otherwise inviable, the de-commissioning of dam projects should be promoted.  Ensure the alignment of operational procedures for existing hydroprojects with relevant territorial plans at the basin level, such as integrated water resource management and protected areas that ensure key ecological processes and the rights of local communities, based on the concepts and tools of participatory, adaptive management. Ensure that renewable energy policies and projects adopt, across the board, robust guidelines to safeguard human rights and environmental protections, such as ILO Convention 169 and the UN Principles on Business and Human Rights. No energy facilities that potentially impact the territories and livelihoods of indigenous peoples and other traditional communities should be authorized without obtaining the free, prior and informed consent of the community and ensuring the cooperative design of co-management strategies. Among the benefits of such a paradigm shift in energy strategies and development planning will be major contributions toward protecting the world’s last free-flowing rivers, vital for climate resiliency, biodiversity conservation and sustainable livelihoods.  Energy companies and governments must halt all efforts to dam the world’s remaining free-flowing rivers and concentrate instead on: i) improving efficiency and the sustainability of existing hydropower projects and cascades; and ii) investing in energy efficiency and truly sustainable renewables.  Moreover, governments must urgently promote the permanent legal protection of the world’s last free-flowing rivers, including transboundary watercourses, with due respect for the territorial rights of indigenous peoples and other traditional communities, who play fundamental roles as the guardians of healthy rivers. Read the Full Statement Here

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