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Publications
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The Americas was the first region in the world to recognize the human right to a healthy environment through both an international treaty and domestically in a number of national constitutions. Such recognition is cause for much hope, given the obvious relationship between the environment and the protection of human rights. Furthermore, the fact that this right has been enshrined in several legal texts signifies that millions of people may see an improvement in their local environment and, by extension, their quality of life. Nevertheless, almost two decades later, the situation in the region is far from ideal, and unfortunately, negative examples abound. Bridging this gap between the recognition of the right to a healthy environment and its effective enjoyment is vital for the region.
In response to this situation, the Interamerican Association for Environmental Defense (AIDA) has decided to publish this guide. It aims to promote an understanding of the Inter-American System of Human Rights by examining the legal and strategic considerations for litigating cases of human rights violations resulting from environmental degradation. It is our hope that communities, organizations, attorneys, and government officials from a variety of perspectives will use this publication as a reference tool and guide for implementing strategies to protect the environment and human rights. To that end, we also hope that this guide will promote dialogue and discussions that can help strengthen efforts to achieve the effective and universal protection of human rights.
This publication is the product of a careful analysis of official environmental monitoring reports submitted for the Doe Run multi-metal smelter to the Peruvian Ministry of Energy and Mines between 1996 and 2001. By finally filling the void in public information about contamination levels in La Oroya, this work demonstrates that the right to access information is an essential pillar of citizen participation. Only with this type of facts in hand can civil society protect itself against the powerful interests of giant mining companies like Doe Run.
The reader will come to understand the severe health problems and risks suffered by the local population and particulary the children in La Oroya. But the authors go beyond this. They suggest the implementation of corrective and preventive measures that will require the participation of not only the company but also the Peruvian State. These are actions that cannot be postponed if we are to guarantee the human right to health, improve quality of life, and permit development in Peru.
The authors also provide a legal analysis of environmental protection in the minerals sector, and recommendations for making this system more effective.
Above all, this publication is an invitation to take meaningful and timely steps toward solving the extraordinary environmental and human health problems in La Oroya.
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