La Oroya before the Inter-American Commission on Human Rights
Current Project
La Oroya, Peru
Photo: All children in La Oroya would breathe cleaner air if the IACHR obligates the State to control smelter pollution.
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 to safeguard human rights. The following year, after the government failed to take court-mandated actions in 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 smelter from contaminating the city. Working together with Earthjustice, CEDHA and our Peruvian colleagues, in this case we are representing a group of 60 adults and children who live in La Oroya and suffer from health problems believed to be caused by the smelter’s pollution.
The Commission has so far responded favorably to our efforts. In 2007, after extensive meetings between all parties, the IACHR requested precautionary measures be taken 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 State 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 convinced the Peruvian State to implement the measures appropriately, a process currently in progress.
Finally, in August 2009, the IACHR accepted AIDA’s petition to fully evaluate the case against Peru, based on the fact that the illnesses and deaths allegedly caused by the severe pollution constitute potential violations of the human rights to life and integrity. The Commission also concluded that the State of Peru has 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.
If the IACHR ultimately decides in AIDA’s favor and requires the Peruvian government to effectively control the smelter’s pollution, this decision would not only benefit those represented in our case, but the entire population of La Oroya. Additionally, this case could generate a vital legal precedent for the hemisphere that could be applied to other cases in which governments allow toxic pollution to endanger citizens’ health.
Partners:
| Attachment | Size |
|---|---|
| IACHR’s Letter Accepting the La Oroya Petition | 653.4 KB |
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for La Oroya before the Inter-American Commission on Human Rights for Toxic Pollution