PERU LIABLE TO CORPORATE POLLUTION

“States have the duty to prevent human rights violations produced by public and private companies.” This could have been part of the court’s opinion in one of the mounting court cases brought by climate defenders in the United States, particularly young people.

But this statement comes from Peru, where, in a landmark climate justice case, the Inter-American Court of Human Rights (IACHR) ruled in March that the country is liable for failure to regulate a century-old smelter complex.

According to the ruling, the water, soil, and air contamination from the plant impacted the mental and physical health of nearby residents of La Oroya, which Inside Climate News described as “one of the most polluted cities on Earth.” The Costa Rica-based court ordered the government of Peru to provide free medical care to 80 impacted victims and to compensate each around $30,000 for previous medical costs, and pain and suffering. For victims who are deceased, Peru has been ordered to compensate their relatives around $65,000.

This ruling is the first of its kind in the country, and as Context reported, it “paves the way for other pollution-hit communities in Peru and across Latin America to seek justice.”

The High Price of Heavy Metals 

Located in the central highlands of the Andes Mountains, La Oroya is known for mining and metallurgical operations, in particular smelting, an extractive process that applies heat and a chemical agent to an ore. Historically, La Oroya has been a center for processing lead, zinc, copper, silver, and other metals, including gold.

That processing has an environmental price, one the community has been paying for generations. Health issues related to the La Oroya pollution include elevated risks of cancer, kidney failure, and respiratory issues. High levels of heavy metals have been found in residents’ blood, including arsenic and cadmium. Lead was also found in local children’s blood.