GENEVA – UN experts* today called for full respect for human rights and judicial independence in constitutional proceedings concerning alleged environmental contamination and serious health impacts linked to mining activities in Cerro de Pasco, Peru.
“The rights of individuals and communities affected by business activities must be effectively protected through access to independent, impartial and effective judicial processes,” the experts said.
The case concerns constitutional action brought by against Volcan Compañía Minera and its subsidiaries, seeking to remedy the environmental damage caused and measures to prevent recurrence. Residents of Cerro de Pasco have reported prolonged exposure to environmental contamination, including concerns related to the presence of heavy metals in water sources and in the blood of community members, as a result of 30 years of mining operations. Children in Paragsha, one of the affected communities, have been found to have levels of heavy metals in their bodies exceeding World Health Organization reference values.
“We received information that the case would be affected by procedural irregularities, notably the unexplained withdrawal of a scheduled hearing, following the company’s request. This raises concerns about due process, responsible policy engagement and access to effective remedy,” the experts said.
“We call on the judiciary to ensure that international human rights norms and standards, including those relating to access to remedy, environmental protection, public health and corporate accountability are taken into account throughout proceedings,” the experts said. “The integrity and independence of the judicial process are essential to ensuring public confidence and the rule of law.”
“We call on the company and its subsidiaries to cooperate fully and transparently with judicial authorities and all legitimate accountability processes,” the experts said. “Businesses should refrain from any conduct that could undermine, interfere with, or create the appearance of improperly influencing judicial proceedings.”
The experts said individuals and communities affected by alleged business-related human rights harms are entitled to access effective remedies through judicial and non-judicial mechanisms, in line with the UN Guiding Principles on Business and human rights . States have a duty to ensure that legal and practical barriers do not prevent affected persons from seeking justice.
“Communities raising concerns about environmental contamination and health impacts must be able to pursue their claims without intimidation, obstruction, or undue delay,” the experts said. “The upcoming proceedings represent an important opportunity to ensure that businesses fully respect human rights and provide for, or participate in, the remediation of adverse human rights impacts they have caused or contributed to.”
The Working Group has previously engaged with the Government of Peru and Volcan Compañía Minera in relation to this case.
