Monthly Bulletin from August 2009, No. 4

1) DOE RUN CONTINUES TO MAKE PROBLEMS

And the North American business, Doe Run, sticks it to you again. It has not complied with the PAMA (Sustainability and Environmental Program) since the year 2004 when the government awarded them their first extension and in 2006 when given another generous extension that was to conclude this coming October.

Neither was complied with and now a multi-sectored commission just awarded a third prolongation of another 20 months. Our lawyer from the Joining Hands Network, Lourdes Zerra Miranda, commented to us on this controversial decision:

“What do you thing about this new term of 20 months that has been given to Doe Run?”

“We need to demonstrate our dismay over this decision from the commission. They tell us that 20 months are needed to conclude the PAMA and an additional term so that the company can continue financially. Our proposal is that in accords with the norms of the state that have been given, there cannot be another extension apart from which has already been given. This extension is in the sentiment from which they previously opporated, as in 2004 when the company solicited an extension for 4 years. The government told them: “We cannot give you an extension of 4 years, we can only give 3” because there had been a technical study that sustained the request. Now as the company leaves with new a technical report that says they need 20 months, certain contradictions in the state are shown in how the politics are given and how the decisions are taken. It also shows how to respect this term which has already been given.”

Is this report only a proposal that the government is able to approve?

The report that has informed the Technical Commission is a report that has a binding character for it to be this technical, because the state has taken into account their opinion. Therefore it decided to form this commission that would an opinion on the time frame that Doe Run lacks to complete the PAMA. The state must take into account its obligation to guarantee the labor stability of the workers not to mention their health, the health of their children and of the entire population. The right to work implies that our mining workers are not subject to breakdowns in their health, when the common practice of the large businesses is to have them in precarious conditions in regards to their health. We believe that the state must thoroughly evaluate the theme of the right to work for these people, but also their health and the health of the entire population.

But the workers of Doe Run and the business are saying that there needs to be an extension of 30 months. What do you think about that?

As they began to talk about the possibility of an extension and the same solicitation that was made by the company on the 8th of July, asking for an amplification always, they had solicited for 30 months as to be able to receive credit from the financial sector in order to guarantee work and the completion of the PAMA in the next few years. Now the government returned with this extension of 20 months, they will have to evaluate the rights they have given to the people. It is a technical extension that the commission has labored over but does not necessarily mean a welcoming extension. The company asks for, as they have said, financial support that will enable them to complete their obligations of the PAMA and that they will be able to receive credit, but we do not have a single guarantee of this because they are in need of $600 million. Let us not forget that this is a business that for the second time has not completed an agreement with the state and has not completed with their accords and that has closed its accounts. It is very difficult for one that has any doubt that this company is a defaulter and therefore is should be difficult to obtain financial credit. There have been good evaluations of the situation and it is the state that must respond to everything.

The social organizations of La Oroya, in general, also hope that more time be given to Doe Run?

It is important to understand the importance of the people to be able to count on the metallurgical complex because it is continue to function because, by one way or another, it gives life to La Oroya and is part of the sustainability of its economics. However, you cannot forget the theme of health. Day by day the population has lived in fear of the contamination and are not able to forget this and require there be a completion of the environmental standards. We are not asking that the business be closed. What we want is that the business, whoever that may be, be responsible to the metallurgical complex, bring it up to environmental standards, and that the maximum limits are such that no more of the population is contaminated; that the children do not continue to be born contaminated.

2) The Council of Ministers approved the extension of the PAMA for 20 months to Doe Run, but the business now asks for 36 months.

The Council of Ministers announced on Wednesday, September 16, that they had made the decision to abide by the report from the multi-sectored commission that gave a new amplification of 20 months to Doe Run to complete the construction of sulfuric acid and a modification of the copper circuit in the metallurgical complex in La Oroya. Now it can be the Congress of the Republic that can be who approves the amplification of PAMA through law. However, an emboldened Doe Run with millions in paid ads requires an extension of 36 months with the pretext to “obtain the financial resources and restart operations.” The Minister of Energy and Mines responds to the request from the company with a resounding “Doe Run does not have the right to ask for new extensions.” There is still expected to be a large discussion to see how to finish this legal tug-of-war while the population of La Oroya will continue to suffer the ravages of the contamination.

3) A public announcement from The Movement of Health for La Oroya (MOSAO)

THE PERÚVIAN STATE MUST REAFIRM THEIR AUTHORITY AND THEIR ROLE OF GUARANTING RIGHTS BEFORE THE PRESSURES OF DOE RUN PERÚ.

Before the release of the recommendation by the Technical Commission of La Oroya by prolonging for 20 months more the term of execution of the Sustainability and Environmental Program (PAMA) to the metallurgical complex of La Oroya and before the pressure of the business, Doe Run Perú, that the term be 30 months, the below sign that we want to express the following.

1. While the failure of the extraordinary term that has been given to Doe Run Perú to complete the execution of their PAMA is imminent, that it ends the 31st of October and lacks the 43% of the plant for copper sulfuric acid and 52% modification of the copper circuits; this does not, necessarily, need an amplification. The ministerial resolution 257-2006-MEM-DM, gave that in 2006 Doe Run Perú set the series of failure, establishing the preceding situation, guarantees (a trust and final letter) and sanctions.

2. The government clearly left the citizens without the possibility of an amplification of ministerial resolution 257-2006-MEM-DM and instead had to adopt and create a new commission to evaluate a new term of amplification, which has already been raised.

3. The behavior of the government bothers us for various reasons:
- That which seeks to delay the culmination of the treatment plant of sulfuric acid and the modification of the copper circuits, that permits the diminishing of the levels of contamination in the air of La Oroya and the surrounding towns. That is said, we are before a decision that has direct repercussions to the health of thousands of people.
- The amplification has been decided without sufficient information and ample debate. Moreover when this state, with previously having extended the term, puts itself in an exceptional category.
- A decision of our nature must be carefully analyzed, but put into question the role of the state to guarantee the rights of the person. The health problems in La Oroya and other near populations do not allow postponement time and time again.
- On the other hand, these types of decisions debilitate the authority of the state. It is bowing to the pressures of an irresponsible business, is incapable of completing her rules, and has to change and not adopt corresponding measures. This is compounded by the fact that the business is defiant, but it is believed that their repeated failure to complete and accept the given term and instead receive a longer one.
- We ask ourselves what kind of signal is given by the governement, whatever the case, that says a business must comply with their commintments and obligations but does not want to do so.

4. We are considering the report from the Technical Comission that it must be ampily diffused and debated, before accepting whatever decision. The theme and the stakes are too high not to warrent it. Moreover, when there are questions, a response is required. As for example, if one was to attribute the economic situation, the finances of the company that have not yet completed the sulfuric acid treatment plant and the modification of the copper circuitry. As it is, the prolongation cannot be longer than the time that has been given to the situation (5 months). Only lacking 42% of the copper sulfuric acid clean up and 52% of the modification of the copper wire, there must be another reason for the “20 months” to not be enough. Therefore, what is? It is not clear, but we must take into account the economic boom that Doe Run Perú held up until the end of 2008. So far, Doe Run Perú has refused to provide the finances and economics of the company and we hope that the report by the Technical Comission will shed a public light on this. This also leaves to be determined if the referred to business is in a state to assume a new term and the comittments that go along with it.

The citizens hope that the necessary information, the required debate and in the middle of everything the health of the people of La Oroya and the surrounding areas will be strong critieren in how these decisions are made.

We reject the false trichotomy that is interestingly planted between the the rights of health, work, and a healthy and balanced environment. The state cannot protect the established labor laws that guarantee health to the workers themselves and to the rest of the population, fundamentally the children and pregnant women, without also protecting their habitat. The soverign state must resolve these problems under the international treaties that defend the human rights to health, environment, and a worthy job.

Techincal Table (MOSOA)

4) The environmentally damaging consequences of irresponsible mining in the province of Yauli.

The acidic water in the mining district of Morococha (one of the districts, with La Oroya, that make up the province of Yauli) are highly contaminated. The river has been dected to conain 4.89 miligrams of copper (per liter), .14 mg of lead, 21.42mg of zinc, 71.82mg of iron, and .52mg of arsenic. This is a sample of the irresponsibility of the minding work in Jinin. Who is in charge of the environmental standards and the health of the population?

Prepared by:
Fraterniadad Cristiana Vida (the Brotherhood of a Christian Life)
CPDR El Dia del Pueblo (The day of the people)
Red Uniendo Manos (The Joining Hands Network)
Email: manosPerú@manosPerú.org
Website: http://www.manosPerú.org
Fair Trade Website: http://www.fairtradePerú.com