DOCUMENT: COJPITA.TXT


              LEGAL COMMISSION OF THE INTEGRATION PEOPLES 
                       TAWANTINSUYANA - COJPITA 
     
             10th PERIOD OF SESSIONS OF THE WORKING GROUP 
                ON INDIGENOUS POPULATIONS IN THE U.N.O.  
     
     
                   CONTAMINATION OF THE ENVIRONMENT 
                   AND VIOLATION OF THE HUMAN RIGHTS   
     
     Mme. Chairperson, 
     
          being at the end of the 20th century and at the 
     beginning of a new one, the Century for the Indigenous 
     Peoples, in our Quechua, Aymara, Puquina and Kollanguas 
     peoples of Peru - South America, we see every day the 
     children traffic, old people and women without food, because 
     the land is being depredated and left without force due to 
     the environmental contamination in the valleys of Tambo de 
     Arequipa. Our indian brothers and sisters are left behind in 
     a totally unfruitful land.  
     
          It doesn't have to call your attention, Mme. Chair, 
     that this phenomena is daily killing human beings. The 
     environmental contamination is contiguous to the violation 
     of the Human Rights, for they simply cause the death of 
     human beings in a very sophisticated way, also with the 
     protection of certain governments that cover this up or are 
     even directly responsible for this violation of the Human 
     Rights and the environment.  
     
          LA COJPITA has investigated this case which is exposed 
     in a synthesis here.  
     
          The melting plant of Ilo which belongs to the Sauther 
     Peru Copper Corporation (SPCC) and is functioning since 1960 
     is causing an atmospheric contamination in the valleys of 
     Tambo, Ensenada, Mejia, in the regions of Arequipa and Jose 
     Carlos Mariategui in Peru, which destroys the agriculture.  
     
          It is already for many years, that the smoke of the 
     mines of Toquepala in charge of the Sauther Peru Copper 
     Corporation, which threatens the agriculture and the 
     survival of the indian population of the Tambo Valley is 
     being tolerated by them.  
     
          The final process to obtain blister copper consists in 
     eliminating the sulphur which is chemically bound to the 
     copper in form of copper sulphur. To reach this a 
     concentrate of the mineral is submitted to very high 
     temperatures in the melting ovens. The sulphur is then 
     combined with the air oxygen forming a gas complex, anhidrid 
     sulphur, which leaves the copper in a free metallic 
     consistence.  This has caused many damages in the health of 
     children like asthma. 
      
          The worst damages are caused in the agriculture. In 
     Ilo, due to its vicinity to the melting plant the leaves of 
     the plants are burned each time the winds change direction 
     and bring the smoke into the valley. The consequence is a 
     continuous drought of the region, especially of the alfalfa 
     as food for the cattle.  
     
          In front of this deplorable situation in which the 
     peasant have to hungry, which pushes many labourers to leave 
     and the loss of work for indian women and men, what shall we 
     do, Mme. Chair? Should we stop the melting indefinitely, 
     export the concentrated mineral or pay the indians for the 
     damages they suffer from having to live without being able 
     to grow crops, so that they live from the compensation?  
     
          Deplorably there was nothing done until now to find a 
     solution for the atmospheric contamination caused by the 
     smoke of Toquepala; on the contrary: confronted with the 
     passivity of the central and regional government who play as 
     accomplices, the rural population is being decimated by 
     illness and starvation.  
     
          The sugar, rice, alfalfa, maize, camote, olive, etc. 
     plantations are disappearing with extreme incidence from the 
     valleys of Tambo and Majes. Nevertheless, there has been 
     made a law to prevent the damages-made and sanction the 
     responsible people through a High Level Commission. Both 
     fact sheets about the damages have been brought out and it 
     has been talked about corrections. It has been allowed that 
     within 6 months Sauther could be ordered to come up with a 
     solution for the elimination of the toxic effects caused by 
     the melting of metal in Ilo, better known as "Smoke of 
     Toquepala".  
     
          Mme. Chair, nothing has been fulfilled, because those 
     who are part of the High Level Commission are financed by 
     Sauther.  The Ministers of Agriculture and Mining do not 
     have a higher level of decision. According to the valuation 
     of November 25 1985, the damages amount was of 3,210,882,500 
     soles. Today these damages are astronomical.  
     
          That law had been made to find countereffect the 
     toxicity of the Sauther Copper plant. A legal norm, very 
     clear and specific about taking measures and about deadlines 
     and actions the responsible people have to accomplish: a 
     term within 6 months in which Sauther has to eliminate the 
     toxic smoke, financial sanctions in case of this not being 
     fulfilled, 12 months for the High Level Commission and Sub-
     Commission of Ilo to come to a solution and evaluate the 
     damages. Nothing of this has been accomplished in more than 
     25 years.  
     
          According to the law mentioned before and the Minitery 
     Resolution Nr. 320-85-K from December 6, 1985, Sauther had 
     to pay compensations for 3,210,000 millions of nominal gold 
     soles until 1984. This valuation, for example, includes only 
     an agricultural campaign in the Ilo Valley.  
     
          The melting plant is working for more than 30 years 
     now, and has been expelling toxic acids of generic 
     contamination. The valuation of the damages in 1984 is of 
     more than 230 million US dollars, not counting the damages 
     caused by the second washing of ore in the river of Locumba 
     and the water of Ito Bay in Tacna.  
     
          The High Level Commission and Sub-Commission did not 
     come to a solution until today. The law was useless and the 
     article nr. 119 of the Law 611 about environmental and 
     natural resources protection has not been applied against 
     Sauther.  
     
          Mme. Chair, this is a living reality in which the 
     Puquina and Collagua People are victims of abandonment, 
     indifference and aggression against their environment which 
     means a blazing violation of the Human Rights.  
     
          Thank you, Mmme. Chairperson.  
     
          Geneva, 28th of July 1992 

     
     Dr. Fortunato 
     TURPO CHOQUEHUANCA
     LEGAL COMISION OF THE INTEGRATION 
     PEOPLES TAWANTINSUYANA

     COJPITA
     COMISION JURIDICA DE LOS PUEBLOS
     DE INTGRACION TAWANTINSUYANA:
     Apartado 230 Arequipa - Peru.
     Tel. 238383


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