What I saw in La Oroya made my head hurt even more: It is one of the most polluted cities in the world, primarily due to a metal smelting facility operating there since 1922.
I met with a range of people from the community who described the public health crisis. Lead pollution particularly was affecting virtually all the children living near the plant, most of whom had very high levels of it in their blood. My altitude headache was nothing compared to that.
Since then the owner of the plant, a company called Doe Run Peru (part of an American company called Renco Group), shut down the plant and has been trying to renegotiate the environmental clean-up commitments it made when it bought the plant in 1997. We are hearing that the government of Peru is allowing another company to operate the parts of the facility that they say can comply with environmental regulations. The groups working to defend the rights of people in La Oroya to live in a safe environment are hoping that whoever runs this plant will comply with all the environmental standards if and when it becomes fully operational again.
My colleagues and I have been working to find ways for the people of La Oroya to get their message out to people in power, so they can defend their right to live in a clean environment. On July 19th, they had a major success here in the US: a hearing before the House Subcommittee on Africa, Global Health, and Human Rights.
Representative Chris Smith (R-NJ) organized the hearing. “Environmental damage in Peru is our concern, not just because we care about suffering people outside our borders – we absolutely do,” he said in his opening remarks. “But it is also our responsibility to make sure that our own companies aren’t at fault.”
Two people from La Oroya gave their testimony: Monsignor Pedro Barreto, the Archbishop of Huancayo, cited the environmental problems and raised the larger question about the purpose of economic development: “The Church is not opposed to mining or development, but it does ask the question: Development for whom? Mining for the benefit of whom? At what cost?”
Rosa Amaro also testified. She works with the Movement for Health in La Oroya (known as MOSAO), and has been threatened on numerous occasions for speaking out in favor of a cleaner environment. “Supporters of Doe Run have thrown stones at me, threatened to burn down my house, and threatened my life…When they see us in the street they shout ‘Death to MOSAO.’ We have no protection from these threats.” Her security concerns did not prevent her from traveling to Washington to testify.
To detail the toxic life people in La Oroya are leading, Dr. Fernando Serrano from the University of St. Louis delivered findings from studies that show people are living with pollution levels of the most toxic metals three to six times higher than the US average.
Keith Slack from Oxfam’s office in Washington, who has written extensively on mining-related conflicts in Peru, made recommendations for Peru’s government to improve respect for basic human rights and strengthen environmental standards. He urged the US government to support Peru’s defense of an $800 million lawsuit brought against it by Renco Group. “[The]US government should encourage all American companies operating in Peru and elsewhere in the region to ensure that they are following the highest possible human rights and environmental standards,” he concluded. “Their behavior is a reflection on the US as a whole.”
]]>Sofia Vergara, community organizer for Oxfam’s Right to Know, Right to Decide campaign, has worked with the people of La Oroya since 2005. Below, Vergara explains the new developments and what lies ahead.
What happened last week, and why is it important?
The Doe Run Peru smelter in La Oroya has not operated since 2009, when the company began a bankruptcy process, saying that it lacked the funds to run the smelter. Doe Run Peru recently proposed a restructuring plan that would allow it to begin operations again, but without first taking the steps to clean up the environment that are required by law in Peru.
Last week, Doe Run Peru’s creditors, including the Peruvian government, voted to reject the company’s plan. By doing so, the government showed that it is willing to stand up to the company in defense of the people of La Oroya. This is a very positive step.
How will this affect families in La Oroya?
Without emissions from the smelter, people are breathing cleaner air. You can tell just by looking at pictures: there are blue skies now, and plants growing that weren’t there before. The children are not facing day-to-day exposure to contamination. A recent government study found that children’s blood lead levels have decreased compared to 2005 [when a study found that 97 percent of the children in the town under age 6 had elevated blood lead levels]. Most people in La Oroya want the smelter to reopen, but with adequate environmental controls installed first.
What happens next?
There are a lot of unanswered questions. The company has entered into what’s called “liquidation in progress,” which means that the smelter will not operate, but 3,500 workers can keep their jobs. Another entity will manage the liquidation for the next six months, but we don’t know who. The government and the creditors’ board have until May 25 to decide. That decision will play a big part in determining La Oroya's future.
For now, we need to make sure of two things. First, that the government’s process is clear and transparent. For example, Doe Run has a plan to build a sulfuric acid plant in La Oroya—a critical step for reducing toxic emissions. Residents want to know if that will still happen, and if Doe Run Peru will meet environmental requirements before reopening. Second, the government’s decision will have to take the environmental and health issues, as well as the workers’ rights, into account.
What about this ongoing conflict between workers and activists in La Oroya? With violent protests around mining now making news in other parts of Peru, how can we prevent violence from happening there?
In a recent statement issued by a coalition of Oxfam’s partners in La Oroya, they “call for all actors to prioritize dialogue and avoid any kind of confrontation, or acts of violence.” The government plays a key role in communicating with the population, making sure people know what will happen and how they will be protected. The company also has a responsibility to negotiate with the government in good faith, and to not put pressure on workers to create violence in the city.
In general, I think people in La Oroya have access to more information than they did in the past, which will help them understand this complex situation. Many have been put in a difficult position because they have to defend the source of their livelihood, and on the other hand they face the issue of contamination of themselves and their families.
What are Oxfam and its partners doing to support citizens’ efforts?
Local grassroots leaders like Rosa Amaro and Esther Hinostrosa have played a key role in defending the environment and human rights in La Oroya, as have representatives of the church. All of these groups have kept up their courage even in the face of pressure, violence, and threats.
Through its partners and allies in the area, Oxfam helps strengthen these local groups and makes sure they have access to information they need. We’ve also supported them as they raise awareness about the case in the US and Peru. That’s something Amaro told me herself: even though her life has been threatened, it’s important to communicate about this case as much as we can. That’s how we will bring about real change.
How have people in the US contributed?
A lot of people are taking action—people of faith, students, others. They feel a strong sense of solidarity with the families of La Oroya, and they are also concerned because Doe Run Peru is a US-owned company. Peruvian and Latin American communities in the US have also been very active on this case.
So far, more than 35,000 supporters have signed an online petition asking US Congress to support the people of Peru in the trade lawsuit [Doe Run Peru is suing the Peruvian government for allegedly violating the terms of the US-Peru Free Trade Agreement]. Thanks to efforts like this, 18 members of US Congress recently sent a letter asking the US Treasury and State Departments not to support the company.
What can people do to help now?
Follow our partners' coalition, La Oroya por un Cambio, on Twitter and like La Oroya por un Cambio on Facebook to get updates. Share the information with others. And tell Congress to stand with the people of Peru on the trade case, which is still going on.
]]>
Unfortunately, not all indigenous groups participating in these working groups felt that the discussions were productive. AIDESEP, a long-time Oxfam America partner and one of the largest federations representing indigenous peoples in Peru’s Amazon, has withdrawn from the dialogue process, citing lack of progress and reluctance on the part of the government to accept its share of the responsibility for the violence in Bagua.
While indigenous people and the government struggle to continue a meaningful dialogue, the Indigenous Federation of Madre de Dios (known as FENAMAD) has been objecting to the presence of Hunt Oil of Texas in the Amarakaeri Communal Reserve (RCA), part of the 3.5 million-acre Block 76 oil concession located in the Madre de Dios region in southeastern Peru. FENAMAD contends that Hunt Oil could be playing indigenous communities against each other to gain access to their lands. “The current strategy of the US company Hunt Oil is to negotiate directly with the members of each native community and seek to divide them and provoke open confrontation among the brother indigenous people within each community,” FENAMAD is saying in a memorandum.
There is a real danger this could emerge as the next flashpoint in a disturbing stream of conflicts between communities and oil and mining companies in Peru. The Peruvian Ombudsman Office estimates that of the 273 social and environmental conflicts in Peru in the first six months of 2009, 80 percent were related to extractive industry projects. (In 2008 there were 123 social and environmental conflicts in the same period.)
FENAMAD and other indigenous federations are insisting that foreign oil, gas, and mining companies must attain the free, prior, and informed consent from communities before they can enter any indigenous lands such as the Amarakaeri Communal Reserve. The right of free, prior, and informed consent is a right of indigenous peoples established under international law, and requires free access to full information (including independent analysis of project proposals), adequate time for a community decision free of pressure and coercion, and the option to reject a proposal--or accept under certain conditions.
The failure of oil, gas, and mining companies to gain appropriate access to communities with natural resources limits Peru’s ability to benefit from revenues it needs to help the approximately 50 percent of its population now living in poverty.
The legislature gave Peru’s President Alan Garcia broad powers to promote economic competitiveness through decrees last year, saying it was necessary to adapt legislation to comply with new requirements of the Peru-US Free Trade Agreement. Indigenous federations and many civil society organizations have strongly protested the possible consequences of these laws for the Amazon rainforest and indigenous lands, as well as the fact that they were adopted without transparency or genuine consultation. Some of these legislative decrees were rescinded following violent confrontations last June, but many are still in force.
Oxfam America's campaign—called the Right to Know, Right to Decide—aims to arm local citizens with the information they need to weigh the costs versus the benefits and decide whether to provide consent for the projects to move forward.
“There is a potential for this confrontation to escalate to violence,” says Emily Greenspan, Oxfam America’s policy advisor who monitors oil and gas projects in Peru’s Amazon. “Companies seeking to operate in any areas need to attain the free, prior, and informed consent of communities. Those that appear to be forcing their way into communities risk serious conflict, as we have seen in the recent past.”
]]>In 2007, the Chinese consortium Xiamen Zijin Tongguan Investment Development Co Ltd took over the British mining company and transferred its headquarters from London to Hong Kong. The injunction, applied in June 2009, prohibited the company from disposing of its assets. If courts in the United Kingdom find Monterrico Metals to be responsible for the human rights violations inflicted on the farmers, it will be required to pay adequate compensation to the injured individuals and the communities to which they belong.
Oxfam International in Peru welcomes the British High Court’s decision. In Lima, Javier Aroca, coordinator of Oxfam International’s Extractive Industries Program in South America, expressed his satisfaction with the verdict issued on October 16, 2009. “This is an important step forward in the defense of human rights in Peru. It establishes a precedent and acknowledges the abuse to which the citizens who expressed their opposition to the expansion of mining in their communities were subjected”, he explained.
In August 2005, 27 men and two women were detained and held for three days at the Rio Blanco mine site in a remote area of northern Peru. They had been protesting against the development of the mine, which is the major asset of Monterrico Metals. According to their witness statements, the unarmed protestors were held against their will and subjected to physical and psychological torture allegedly by the Peruvian police, mine employees, and mine security guards. One farmer died.
Attempts to seek justice through the Peruvian courts have been slow and difficult. In March of this year, Peruvian prosecutors accused the police of torture, but cleared the mining company and private security firm Forza of wrongdoing. Thirty-one claimants, including all of the alleged victims held at the mine site, are now pursuing their case in the English courts, arguing that the company must have known of the conditions in which they were being detained, but failed to take steps to prevent or end their ordeal. Oxfam’s partner organization, FEDEPAZ (the Ecumenical Foundation for Development and Peace), together with the CNDDHH (Peru’s National Human Rights Coordinating Committee) filed the complaint on behalf of the victims and has been providing them with legal assistance in this case. FEDEPAZ said in a statement that this injunction confirming the freezing of Monterrico Metals’ assets constitutes an unprecedented achievement in the fight against impunity and marks an extremely important step toward the goal of achieving justice for the victims.
Oxfam soon will be releasing two video reports about this case.
]]>Newmont, the largest US-based mining company, agreed to the review in 2007 following allegations of serious rights abuses by police and private security forces hired to protect the mine. Among other recommendations, the review calls on the company to more rigorously investigate human rights abuses, disclose contracts with police forces, consider severing ties with a private security contractor, and promote greater dialogue with local communities.
"This report contains a number of important recommendations for addressing ongoing human rights problems at Yanacocha," said Raymond C. Offenheiser, president of Oxfam America. "Given the current tensions around mining projects in Peru, we urge Newmont to take immediate action to implement these recommendations."
The report is the result of a two-year mediation process between Newmont and Oxfam America under the auspices of the Voluntary Principles on Security and Human Rights, a global initiative bringing together mining and oil companies, governments, and nongovernmental groups. Newmont and Oxfam entered the mediation after Oxfam filed a complaint over abuses by security forces at Yanacocha in three separate incidents throughout 2006-2007. These included the fatal shooting of a local farmer involved in protests at the mine and the surveillance and harassment of members of a local human rights and environmental group.
Peru has been hit by a recent wave of protests around mining and oil projects. According to government estimates, there are more than 70 active conflicts at mine sites in various parts of the country, some of which have turned violent. Tensions reached a boiling point in early June when actions by the national police to quell protests by indigenous peoples in the Peruvian Amazon, who were protesting government decrees designed to open up more land to mining and oil operations, resulted in a tragic loss of lives and a large number of wounded police officers and indigenous peoples.
"Newmont can help reduce the level conflict in Peru by implementing these recommendations," said Keith Slack, extractive industries program manager at Oxfam America. "Doing so would be an important confidence building measure among local community members affected by mining operations."
The report recommends that Newmont more vigorously implement the Voluntary Principles on Security and Human Rights, which include ensuring that security forces employed by companies do not have a history of human rights abuse. The report further calls on the company to review the results of psychological examinations of all security personnel before employing them at the mine.
"This is a critical first test of the complaints mechanism of the voluntary principles," noted Slack. "Newmont's compliance with these recommendations is important for the continued credibility of the initiative."
This report follows a previous independent review of Newmont's community relationship management practices, the results of which were released in March. Oxfam encourages Newmont to continue taking leadership in this type of review process and to fully implement the resulting recommendations to improve relationships with local communities near mining projects.
]]>At least 30 people have been killed in recent weeks in violent confrontations between indigenous protestors and police. The overturn of these decrees now sets the stage for dialogue. Shortly after congress rescinded them, President Alan Garcia delivered a speech in which he said that his government should have included indigenous people in discussions about the decrees before he issued them.
The government of Peru is now initiating a commission to start a dialogue with indigenous people, and will include Oxfam's partner AIDESEP, which represents a highly diverse group of indigenous organizations from all over the Amazon region.
"Oxfam hopes this dialogue initiative will be an important first step toward lasting solutions based on indigenous peoples rights and ensuring strong environmental regulation of extractive activities in the Amazon," said Frank Boeren, Oxfam America's Deputy Director in South America.
]]>Demonstrations in the northern Peruvian town of Bagua began in late April, when indigenous organizations began protesting over the content of a set of legislative decrees justified by the Peruvian government as part of the United States-Peru Free Trade Agreement (US-Peru FTA). The national police's action to quell the protests resulted in a tragic loss of lives and a large number of wounded police officers and indigenous peoples.
Indigenous federations and many civil society organizations claim the new legislative decrees could have detrimental consequences for the Amazon rainforest and indigenous land rights, and were passed without transparency or genuine consultation with indigenous communities. This is an apparent contradiction to US-Peru FTA commitments as well as a direct violation of ILO Convention 169. This convention, ratified by the Peruvian government in 1993, grants indigenous communities the right to be consulted on issues affecting them.
"Oxfam calls on the Peruvian government and indigenous organizations to end the use of violence," said Raymond C. Offenheiser, president of Oxfam America. "By clarifying that concerns raised by indigenous communities do no conflict with Peru's obligations under the US-Peru FTA, the US government can help foster a mutually beneficial resolution."
On June 10, the Peruvian Congress temporarily suspended two of these legislative decrees, numbers 1090 and 1064.
"The Peruvian Congress has taken an important first step by suspending these decrees, but much more needs to be done to bring an end to this conflict. The US government can help by fostering a solution through dialogue, not force," said Offenheiser.
With the most recent tragic events and the possibility of more violence—especially now that the Peruvian government has communicated its intention to clear protesters in other areas of the Amazon—the US government must act quickly to work with Peru to address the concerns about these legislative decrees, and to clarify what relation, if any, these decrees have to compliance with US-Peru FTA.
"We strongly urge the US government to help bring an end to this crisis by supporting a dialogue that includes views of indigenous communities and protects the human rights of these citizens as guaranteed by national and international law," said Offenheiser.
]]>