Case Status: Ongoing
Location: City of Cerro de Pasco, Pasco Province, Peru
CASE SUMMARY
On May 28, 2026, the mayor of the provincial municipality of Pasco, with legal advice and support from EarthRights International, filed a constitutional protection lawsuit (amparo) with the Peruvian Constitutional Court against the Volcan mining group. The purpose of the lawsuit is to hold the companies accountable for the damage they have caused in the city of Cerro de Pasco over the course of nearly three decades.
This legal action aims to have the Judiciary recognize the human rights abuses committed by these companies due to the severe heavy metal contamination they have caused in the environment. This contamination affects water, soil, and air. These effects impact health, personal integrity, access to adequate food, and the lives of the city’s residents, particularly children.
BACKGROUND
Cerro de Pasco, a historically mining city, is considered by experts to be one of the most polluted places in the world. An open-pit mine, approximately 2 km long, 1.8 km wide, and 800 meters deep, sits in the center of the city. Tons of ore rock have been extracted from the mine for decades. Mining extraction has caused a serious accumulation of heavy metals. So have processing plants and designated waste storage areas. This accumulation threatens the health of its inhabitants.
From 2008 to 2023, companies in the Volcan group received 50 sanctions, primarily for environmental violations, according to reports from the Environmental Evaluation and Enforcement Agency and the National Water Authority. These violations include exceeding legally permitted limits of heavy metals, discharging mining waste into water sources, failing to conduct environmental impact assessments (EIAs), and lacking corrective plans.
Mining operations severely affect the rivers, lagoons, and local communities across the districts of Simón BolÃvar, Yanacancha, and Chaupimarca.
Scientific reports by Source International from 2009 to 2023 reveal that levels of heavy metals in rivers, lagoons, recreational parks, schoolyards, pastures, and agricultural soils exceed national regulations and international standards.
Contamination of Water Sources
The Quiulacocha and Yanamate lagoons, natural water sources, have been turned into tailings ponds for toxic mining waste. According to a 2019 analysis, the manganese level in Quiulacocha lagoon exceeds the limit established by Peru’s Environmental Quality Standards (ECA) by 46,666 times.
The situation at the headwaters of the Tingo River is also notable for its severity. Over time, tons of waste rock from the mining process have been deposited there, forming the Rumiallana waste dump. This has caused severe contamination of the river from its source.
Health Impacts
Scientific research has also revealed that a significant part of the population of Cerro de Pasco has high concentrations of heavy metals — such as lead, arsenic, mercury, cadmium, chromium, copper, zinc, antimony, molybdenum, manganese, iron, tin, nickel, thallium, vanadium, aluminum, barium, and cobalt — in their bodies.
The World Health Organization (WHO) has stated that there is no safe level of lead exposure for humans, its high toxicity seriously threatens health and the environment. Exposure to lead and other heavy metals can cause irreversible damage and chronic illnesses, such as cancer, anemia, hypertension, kidney failure, pulmonary conditions, and infertility, among others. Furthermore, it poses an especially severe risk to children, affecting their cognitive development.
Organizations and media outlets in Peru have documented severe health impacts on residents, particularly minors, including fatalities due to heavy metal poisoning.
Despite these facts, the company continues to deny responsibility and, moreover, has taken no steps to correct its behavior.
Given this situation, the Mayor of the Provincial Municipality of Pasco filed a lawsuit seeking to have the Judiciary order the Volcan group companies to repair environmental and health damages caused to the city and its population, as well as to implement non-repetition measures to effectively guarantee that such damages will not occur again.
The Provincial Municipality of Pasco, led by Mayor Julio Rupay Malpartida and represented by Municipal Public Prosecutor Dr. Darwin Ramón Yalico, with the approval of 9 out of 11 municipal council members.
Volcan CompañÃa Minera SAA, and its subsidiaries:
- Administradora Cerro SACÂ
- Minera Paragsha SAC
- Óxidos de Pasco SAC
Legal advice and support to the Municipality of Pasco.
September 2005
A government report showed that over 80% of children in the populations of Quiulacocha and Champamarca have lead in their blood.
May – July 2007
The report “Heavy Metal Exposure in Children and Women of Childbearing Age in Three Mining Communities in Cerro de Pasco, Peru” was conducted, prepared by the National Center for Environmental Health of the Centers for Disease Control and Prevention, in cooperation with the Pan American Health Organization, the Regional Health Directorate of Pasco, the General Directorate of Environmental Health of Pasco, and the Ministry of Health of Peru.
December 13, 2008
Law 29293 was enacted, declaring the relocation of the city of Cerro de Pasco a public necessity due to severe contamination and health impacts. According to a Ministry of Health study, 89% of children and pregnant women in the Quiulacocha and Champamarca districts had elevated levels of lead in their blood.
May 2012
The Ministry of Environment of Peru declared an environmental emergency in the districts of Champamarca, Quiulacocha, Paragsha, and the José Carlos Mariátegui settlement, due to high lead concentration levels reported in the population.
June 2017
The Ministry of Health issued a Supreme Decree declaring a health emergency in the districts of Chaupimarca and Simón BolÃvar in the province of Cerro de Pasco, after confirming alarming levels of heavy metals.
March 2018
The Ministry of Health declared a health emergency in the districts of Simón BolÃvar, Yanacancha, and Chaupimarca due to the presence of heavy metals in water for human consumption.
January 2022
The United Nations (UN) identified Cerro de Pasco as one of four “sacrifice zones” in Latin America and the Caribbean.
September 2023
Source International of Italy, and the Centro de Cultura Popular Labor of Cerro de Pasco submitted scientific studies to the District Municipal Council of Simón BolÃvar. The studies, conducted between 2009 and 2023, detail the severity of environmental contamination and its impact on the health of the Cerro de Pasco population.
May 28, 2026
The Mayor of the Provincial Municipality of Pasco, Julio Rupay Malpartida, with legal advice and support from EarthRights, filed an amparo lawsuit against Volcan CompañÃa Minera SAA and its subsidiaries: Administradora Cerro SAC, Minera Paragsha SAC, and Óxidos de Pasco SAC before the First Constitutional Court of Lima, regarding heavy metal environmental contamination in the City of Cerro de Pasco due to mining activities.
July 2026
The Judge admitted the lawsuit and scheduled the Single Hearing date for May 18, 2027.
September 2026
The Judge decided to cancel the Single Hearing following a filing by Volcan claiming, without substantiation, that the lawsuit was inadmissible. The Provincial Municipality filed a legal appeal.
October 2026
The court scheduled Oral Arguments for October 29, 2026, granting space for the Municipality to present its corresponding pleadings.
Studies conducted by Source International
Evaluation of water resources quality in the Province of Pasco and health in the Paragsha Populated Center
Study, December 2009
Environmental analysis of water resources quality in the mining zone of Cerro de Pasco – Peru
Report, March 2018
Environmental quality conditions and human exposure to heavy metals in Cerro de Pasco
Study, November 2019
Clinic study on children exposure and environmental monitoring between 2018-2019
Report, April 2020
Evaluation of environmental contamination in Cerro de Pasco
Studies, 2009 – 2022
Evaluation of human exposure to heavy metal contaminationÂ
Studies, 2016 – 2021
State of water and soil quality in the mining territory of Cerro de Pasco, Peru
Report, March 2023
State of water quality in the mining territory of Cerro de Pasco, Peru
Report, April 2024

