Peru’s Constitutional Tribunal found that residents of two impoverished settlements were living in a polluted, unsanitary environment that violated their constitutional rights, compelling defendant government entities to rectify the situation that put at risk residents’ health.
The government and relevant state bodies were required to stop dumping the untreated waste within 30 days of the decision to comply with the orders of the Tribunal, and were given 45 days to submit an action plan to the enforcement court and Ombudsman for the more systemic changes, such as the construction of the canal system. The civil court of Loreto and the Ombudsman were responsible for supervising the execution of the defendants’ action plan to address the various violations. Despite this, the enforcement of the decision has remained complex, with the Tribunal needing to issue a further order in June 2024 requesting that the government and its ministers share information with the enforcement court regarding institutional issues that are preventing full implementation and compliance with the July 2023 order, along with a request for information on their current capabilities to be able to rectify the unconstitutional situation plaguing their citizens.
Within Peru, this is the first case where the Tribunal has recognized and demanded the need for structural change to create access to clean water and counter environmental pollution. Within the context of international law, it adds to increasing case law finding that there is a human right to a healthy environment (deemed a “balanced and adequate” environment in this case). This case is also an example of a court ruling in favor of impoverished communities seeking to better their living conditions through the legal system. Here, their use of the legal system vindicated their rights, relying on international and domestic jurisprudence to do so. The case resulted in an enforceable ruling intended to improve the conditions that led to the infringement of their rights.
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