Defend Children's Health in Peru

Located 176 km from Lima, La Oroya is a city in the river Mantaro, part of the department of Junin, Central Peru. It has a population of around 30,000 inhabitants and it is considered one of the world's most polluted places. For decades, La Oroya was a hub of industrial activity, with a large smelting complex that processed minerals like lead, copper, and zinc. However, the operations of the smelter had devastating consequences for the environment and the health of the people living there. The emissions from the smelter released toxic substances into the air, soil, and water, causing widespread pollution and serious health problems for the residents, including high levels of lead poisoning. Organizations and local groups have worked to address the environmental issues in La Oroya, but the road to recovery has been challenging, requiring a delicate balance between economic development, human rights and environmental sustainability. 

AIDA has played a crucial role in addressing the environmental challenges in La Oroya. We have been actively involved in advocating for the rights of the affected communities and pushing for stricter environmental regulations and enforcement. AIDA´s attorneys have provided legal support to local organizations and individuals fighting for clean air, clean water, and a healthy environment for over two decades. Through our work we have helped raise awareness about the environmental and health impacts of the smelting operations, both nationally and internationally, and our efforts have contributed to making the government and the smelting industry accountable for the pollution and work toward solutions for the affected communities in La Oroya. 

In 2006 AIDA and the Asociacion Pro Derechos Humanos (APRODEH), filed an international complaint against the Peruvian government before the Inter-American Commission on Human Rights. All our efforts made along with our partners and the community, overcame a significant milestone when the Commission escalated out claim to the Inter-American Court on Human Rights that then held a hearing for our complaint against Peru on October 12 and 13, 2022 in Montevideo, Urugay. The four main points that lead to the Court assessing the State's responsibility for Enviromental contamination and violation of human rights of non-indigenous communities for the first time were; the existence of serious Enviromental pollution, the risk and casual link with damages derived from contamination, the government's knowledge of the situation and the absence of urgent and effective measures to respond to it.  

In December 2022, following the Court’s hearing, AIDA held an update meeting with the families represented in the case, to define the strategy to address the next steps on the litigation case and any potential additional requirements requested by the Court.   

At this moment, the Court is in the process of final deliberation and we are expecting its final ruling in the next months. As any legal process, the resolution can be delayed or take longer than expected. With this consideration, AIDA continues to work in collaboration with our partners and the communities to plan for different scenarios and to be ready to implement the Court’s decision. 

Links:

• https://aida-americas.org/es/blog/el-dia-que-la-corte-interamericana-escucho-a-victimas-de-contaminacion-de-la-oroya

After 20 years of fight, the inhabitants of La Oroya, Peru, had the opportunity to present their case before the Inter-American Court of Human Rights.

For 90 years, La Oroya has suffered the effects of pollution caused by the metal smelting of the La Oroya Metallurgical Complex. The contamination by toxic metals has permeated every component of its inhabitants' environment: the water they drink, the soil they walk on, the air they breathe, the schoolyards and the mountains that frame their living environment. The population of La Oroya has breathed multiple toxic substances that, according to scientific evidence, cause serious risks to human health. The contamination with lead and other heavy metals has burst into their respiratory system, traveled through their bloodstream and has been deposited imperceptibly in their vital organs.

On behalf of the victims, and with the support of the Asociación Pro Derechos Humanos (APRODEH), in 2006 AIDA filed an international complaint against the Peruvian government before the Inter-American Commission on Human Rights. On October 12 and 13, 2022 in Montevideo, Uruguay, the international high court heard the complaint of the inhabitants of La Oroya against the government of Peru, for the serious violation of human rights.

In preparation for the hearing, AIDA´s attorneys worked along with our partners in building strong arguments based around four main points; the existence of serious environmental pollution, the risk and causal link with damages derived from contamination, the government's knowledge of the situation, and the absence of urgent and effective measures to respond to it. Invited experts Marcos Orellana, UN Special Rapporteur on human rights, and Marisol Yañez, psychological expert, presented their research on the implications of exposure to hazardous substances and toxic waste, and the existence of "environmental suffering", compounded by impunity and stigmatization. In addition, we worked closely with the victims to provide tools and support for their testimonies, key components during the trial. As stated by one of the courageous victims who testified before the court “The only thing we want, since we are no longer going to enjoy good health —that has already been done, my health is already destroyed—is for future generations to enjoy good health. That will be our reward, our satisfaction, that's what we're looking for."

The sentence, which is final, is expected in the next six months. The importance of this case goes beyond the Peruvian government. It represents the opportunity to establish a key precedent in Latin America. This being the first case that a court assesses the State's responsibility for environmental contamination and the violation of human rights of a non-indigenous community.

Links:

• La Oroya at the ICHR hearing