REDESCA expresses concern about spill in Peru's Piura region and the importance of mitigation measures

February 27, 2025

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Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights

CIDH_DESCA@oas.org

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Washington, DC—The Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR) is concerned about the recent oil spill in the Piura region of Peru. This serious incident has had significant impacts on local ecosystems, the livelihoods of affected communities, and their rights, including the right to a healthy environment. REDESCA urges the Peruvian authorities to conduct a thorough, impartial and transparent investigation into the causes of the spill, to identify those responsible, and to urgently implement remediation and reparation measures that protect the affected communities and damaged ecosystems, in compliance with international human rights and environmental protection standards.

According to information confirmed by official sources, an oil spill occurred last December 20 in the district of Lobitos, province of Talara, during an operation managed by the state-owned company Petroperú. This spill has significantly affected at least five beaches, causing damage that is still being evaluated to marine biodiversity and altering the livelihoods of local communities, particularly those that depend on artisanal fishing, tourism and commerce. This impact threatens the economic, social, cultural and environmental rights (ESCER) of the communities concerned, especially the rights to work, to a healthy environment and to adequate food.

REDESCA recognizes the clean-up efforts rapidly implemented by Petroperu and the state of environmental emergency declared by the Government of Peru for a period of 90 days in the affected areas, which includes an immediate action plan to mitigate damages and prevent future impacts. It also reiterates the importance of implementing these measures in line with international human rights and environmental protection standards, including the active participation of affected communities in the design and monitoring of remediation actions. In this context, note is taken of the efforts that the State has been making to identify possible scenarios of patrimonial damage that are currently being studied.

REDESCA emphasizes that oil spills in Peru are repeated events that demonstrate the need for priority attention to prevent their recurrence. As stated in previous communications, the Special Rapporteurship reiterates the importance of applying the Inter-American standards and recommendations on business and human rights, contained in the report Business and Human Rights: Inter-American Standards. These standards emphasize the responsibility of companies, including state-owned enterprises, to identify, prevent, mitigate and remedy negative impacts on human rights and the environment arising from their operations.

In this context, it is essential that the State and the state-owned company Petroperu assume full responsibility for the damages caused. This includes guaranteeing effective processes of integral reparation for the affected people and communities, including compensation measures, environmental rehabilitation and the restitution of living conditions prior to the incident. REDESCA also highlights the need to strengthen regulatory frameworks and monitoring mechanisms for extractive activities, incorporating a human rights and environmental protection perspective. Finally, the Office of the Special Rapporteur expresses its disposition to provide technical cooperation to the Peruvian State in order to advance sustainable solutions to this problem, if deemed appropriate.

The Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights is an office created by the Inter-American Commission on Human Rights (IACHR) to strengthen the promotion and protection of economic, social, cultural and environmental rights in the Americas, leading the Commission's efforts in this area.

No. RD044/25

3:00 PM