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, cium 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 cium; 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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Letters to the Inter-American Commission 10 years after the ission of the case of La Oroya
In a letter to the Inter-American Commission on Human Rights (IACHR) on the tenth anniversary of the ission of their case, people affected by heavy metal poisoning in La Oroya, Peru call on the Commission to issue the Merit Report on the case. This step implies the hope of achieving justice in the face of the human rights violations the residents of La Oroya have been suffering for more than a decade. The case of La Oroya was the first to demonstrate the serious problem of heavy metal pollution in Peru and the first to be brought before an international mechanism. Seeing as instances of heavy metal pollution have increased in the country due to mining and oil activities, the resolution of the case of La Oroya in favor of the affected people is vital to promoting a comprehensive public policy on the subject, which should be adequately implemented in compliance with Peru's international human rights obligations. That is why, together, AIDA and the Association for Human Rights (APRODEH)—which legally represent the affected people—as well as the National Platform of People Affected by Metals, Metalloids and Other Toxic Chemicals and the Technical Board on Human and Environmental Health, reiterate the community's request for justice through two accompanying letters, also addressed to the Commission. Letter from the affected residents of La Oroya "Today we know that our body is contaminated, but we don't know what the adequate treatment is for its recovery, despite daily suffering... Our case demonstrates the problem of heavy metal contamination that has been manifested across the country, in the face of which a prompt and adequate response from the Commission would not only contribute to positively transforming our realities and guaranteeing our rights, but would also allow for new paths toward justice and environmental health for the thousands of people currently affected by toxic metals in Peru..." Read the Letter (in Spanish) Letter from AIDA and APRODEH "... it's important to reiterate that case of La Oroya not only constitutes, in itself, an urgent and relevant case for the petitioners and for the mandate of the Commission, it is also an emblematic and strategic case in the context of Peru. A pronouncement from the Commission in the case of La Oroya, which would obligate the Peruvian government and send the case before the Inter-American Court, could create an important antecedent and provide guidelines for Peruvian cause, contributing to the guarantee of rights for various communities throughout the country, which have been grouped together in the National Platform of People Affected by Heavy Metals in Peru. Together, their main demands are the creation of a public policy for those affected by heavy metals, and the created of a multi-sectorial commission to bring attention to the problem..." Read the Letter (In Spanish) Letter from the National Platform of People Affected by Heavy Metals and the Technical Board on Human and Environmental Health "A timely statement from the Inter-American Commission on Human Rights on the Merit Report of the case of La Oroya would contribute to granting justice to dozens of families in that community who, over the past decade, have dedicated much of their lives to the defense of their health and of a healthy environment. It would also serve as an important antecedent for the Peruvian State to stop diluting the management of this situation and to implement the measures needed to attend to the environmental and public health problem associated with heavy metal pollution and, in this way, advance in compliance with its international human rights obligations..." Read the Letter (in Spanish)
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Lowering Peru’s air quality standards is regressive and harmful to public health
The government of Peru has proposed increasing the legal amount of sulfur dioxide in the air by more than 12 times and doubling the allowed level of particulate matter, substances known to cause serious health harms. The proposal ignores both scientific evidence and the government’s obligation to uphold conditions that are suitable for human life and health. Lima, Peru. Peru’s Environment Ministry has proposed new National Environmental Quality Standards for air, which would impact the health of Peruvians everywhere. The proposed standard increases by more than 12 times the limit for airborne concentrations of sulfur dioxide (SO2) and doubles the allowable amount of fine particulate matter. The increased limits ignore scientific evidence that finds these substances can cause lung problems and other illnesses, particularly among the most vulnerable populations such as people with asthma, children, and the elderly. “There is overwhelming scientific evidence to conclude that sulfur dioxide pollution poses a serious health risk, particularly when the contamination reaches high levels over short periods of time, something the proposal does not take into ,” said Anna Cederstav, co-director of the Interamerican Association for Environmental Defense (AIDA). AIDA prepared comments on the proposal that were presented to the government of Peru together with APRODEH. These pointed out that, contrary to the government’s assertion, reducing sulfur dioxide levels in the air would lead to longer life expectancy. This is because, among other reasons, sulfur dioxide also promotes the formation of PM2.5, small particulate matter that lodges in human lungs and causes acute respiratory problems such as bronchitis and pneumonia, as well as premature death. The government proposes to simultaneously double the legal limit for these extremely harmful particles. The organizations also highlighted flaws in the public consultation process. The government published the draft standard on Saturday, April 8, just before the Easter week holiday, giving only 10 working days for public comment on this critical public health issue. They also failed to make public the entire scientific and technical basis for the proposal. In so doing, the government has violated the rights to information and public participation. The comments also emphasize that the government’s proposal violates the American Convention on Human Rights and other international treaties to which Peru is a party, by failing to guarantee the human rights to life and health. While the proposed changes would impact Peru’s entire population, the residents of cities with high levels of pollution, such as La Oroya, would suffer the most severe impacts. La Oroya is an emblematic case because the metallurgical complex operating there—which has for decades been a macro-emitter of pollutants—is in the process of being sold. The government has publically acknowledged that the weakening of the air quality standards is an attempt to promote the sale of the complex. But it ignores the effects those relaxed standards would have on the people of La Oroya, who have seen significant improvements to both their air quality and their health in recent years. People affected by the pollution in La Oroya have sued the State before the Inter-American Commission on Human Rights in an attempt to protect their rights. For ten years, they have been granted precautionary measures due to the risk the pollution poses to their health and life; those measures were recently extended to additional people because the level of risk has continued. “Relaxing air quality standards to facilitate the sale of the complex and increase investment in Peru would be a setback for the protection of health and the environment, which could result in the State being held responsible before the Inter-American Court on Human Rights,” said Christian Huaylinos of APRODEH. “In addition, such actions would violate free trade agreements signed by Peru with the United States and the European Union.” Consult the comments sent to the Environment Ministry of Peru and more information on the case of La Oroya. Press s: Rodrigo da Costa Sales, AIDA, [email protected], +51 994767961 Christian Huaylinos, APRODEH, [email protected], +51 959 789 232
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La Oroya: Over a decade’s wait for justice
From the time Isabel* was born, she has breathed toxic air.She’s had heavy metals in her blood for all 13 years of her young life.Her hometown, La Oroya, a small city in the Peruvian Andes, was labeled in 2007 as one of the world’s most polluted places. A metal smelter has been operating there for nearly a century, with little regulation and no attention to human health.Children like Isabel suffer most from toxic pollution. Their developing brains and bodies are terribly vulnerable to lead and other heavy metals, which inhibit growth and often cause permanent damage.Nearly all of La Oroya’s children have heavy metals in their blood, at concentrations many times limits established by the World Health Organization. And many residents suffer from chronic respiratory illness.Their health issues result directly from corporate leaders’ disregard for the environment and for the people who live near the smelter. The State of Peru also bears responsibility for its inaction.That’s why a group of residents ed together to fight for the their children’s health and their city’s future.Isabel’s father, Pablo, has been a vocal leader in the community’s struggle against the government and the US-owned corporation responsible for contaminating their air, their land, even their water. He sees no other way forward.“What kind of world will we leave for our children if we don’t defend our land, if we don’t defend our biodiversity?” he said in a recent interview. A group of 65 residents ed as petitioners in a case AIDA and other organizations brought before the Inter-American Commission on Human Rights 10 years ago. Since then 14 more have added their names to the complaint; four have died. Today, they still wait for justice.In 2007 the Commission recommended precautionary measures that urged the State to adopt adequate measures to diagnose the beneficiaries and treat those at risk of irreparable damage. Since then, air quality in La Oroya has improved somewhat, but the recommended health system is still woefully inadequate.The Commission has yet to file its report on the merits of the case. A finding of merit would include more forceful recommendations. If the State still doesn’t respond, AIDA will take the case to trial before the Inter-American Court of Human Rights.For now, all the petitioners can do is wait some more.Despite the years gone by, we won’t stop fighting until the people of La Oroya see justice.We believe their courage and struggle will have an impact beyond their community, setting a precedent for future cases across the Americas. Because a victory would establish in international law that damages from toxic contamination are human rights violations.And that would mean a brighter future not just for Isabel and La Oroya, but also for communities wherever shortsighted corporations dump their toxic by-products. __* Name changed to protect privacy.
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