Peru mining pollution case puts children’s health and judicial independence in focus

Residents have reported prolonged exposure to contamination linked to 30 years of mining operations, including concerns about heavy metals in water sources and community members’ blood.

UN experts have called for human rights and judicial independence to be protected in a constitutional case concerning alleged mining pollution and serious health impacts in Cerro de Pasco, Peru. The proceedings involve Volcan Compañía Minera and its subsidiaries, with affected communities seeking measures to repair environmental damage and prevent it from happening again. The experts said residents must have access to independent, impartial and effective judicial processes to pursue their claims.

Residents have reported prolonged exposure to contamination linked to 30 years of mining operations, including concerns about heavy metals in water sources and community members' blood. Children in Paragsha, one of the affected communities, have been found to have heavy metal levels in their bodies exceeding World Health Organization reference values, according to the release. These findings underline the health concerns surrounding a case that brings environmental protection and corporate accountability before the courts.

The experts raised concerns about reported procedural irregularities, including the unexplained withdrawal of a scheduled hearing following a company request. They said the information received raised questions about due process, responsible corporate engagement with public institutions and access to effective remedy. The integrity and independence of the proceedings are essential to maintaining public confidence and the rule of law, they stressed.

Courts urged to protect access to environmental justice

The experts called on the judiciary to consider international human rights norms throughout the proceedings, including standards concerning environmental protection, public health and corporate accountability. Affected individuals and communities must be able to seek effective remedies through judicial and non-judicial mechanisms. States have a duty to remove legal and practical barriers that could prevent people from obtaining justice, the experts said.

Mining company asked to cooperate fully with proceedings

Volcan Compañía Minera and its subsidiaries should cooperate fully and transparently with judicial authorities and legitimate accountability processes, the experts said. Businesses must avoid conduct that could undermine or interfere with proceedings, including actions that create the appearance of improper influence. The experts linked these responsibilities to the UN Guiding Principles on Business and Human Rights, which provide a framework for addressing business-related human rights harms.

Communities must pursue claims without intimidation or delay

People raising concerns about contamination and its health effects must be able to pursue their claims without intimidation, obstruction or undue delay, the experts said. They described the upcoming proceedings as an opportunity to ensure businesses respect human rights and provide or participate in remedies for adverse impacts they have caused or contributed to. The UN Working Group has previously engaged with Peru's government and Volcan Compañía Minera about the case.