Defend Children's Health in Peru

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