Written by Antonio Peña Jumpa (*)

What happened on January 15, 2022, after the spill of thousands of barrels of (crude) oil into the ocean of the Ventanilla district, in the constitutional province of Callao, in Peru, was a disaster. But what leads to classifying such a situation as a disaster. How can we apply the concept of Disaster to the effects that occurred after the oil spill in Ventanilla? In this regard, we present an analysis from the concept of Disaster that we usually use in a legal socio-anthropological perspective and then we apply the information about the oil spill that occurred to said concept.

Disaster is a situation that occurs or is generated because of an imbalance between the effects of a dangerous event and the response capacity of the population of a social group or society. In this imbalance, two processes operate that exacerbate or diminish the effects of the disaster, respectively.

• On the one hand, the disaster effects of the dangerous event can be extended without conceiving limits when multiplied with the vulnerability of the population. In this regard, the following rule operates: the more vulnerable a population is to the dangerous event, the greater the disaster.
• On the other hand, the disaster effects of the dangerous event can also decrease without conceiving limits when the resilience of its population is added to the response capacity of the social group or society. In this case, the following rule operates: the more resilient a population, the smaller the disaster.

In accordance with the above, the graph that we have proposed for the concept of disaster is as follows:

(Source: International Red Cross 2017: What is a disaster? Online; Peña, Antonio 2008: Law and Disaster academic subject, Lima, PUCP; articles by the author, 2020: “Ciuda, ciudadanía y Gestión del Riesgo de Desastres”, in Propiedad, Lima, Themis; 2020: «Informalidad legal y Gestión del Riesgo de Desastres», in Informalidad de la construcción..., UNMSM, Salamanca, Ratio Legis).

Considering the above definition, we can apply it to the oil spill event that occurred on January 15, 2022.

• The Dangerous Event:
  • About 12,000 barrels of crude oil in the ocean of Ventanilla, in Callao, Peru.
  • It spread to northern beaches. 15,845 hectares affected along the coast: Ventanilla, Pachacútec, Santa Rosa, Ancón, Chancay, Huaral. (Report of the Ombudsman, April 2022, citing the report of the Oversight Body).
  • It contaminated the beaches, its seabed, protected natural areas on islands.
  • Death of thousands of marine specimens.
  • Affectation in the health of the population that consumes contaminated fish.

• Vulnerability:
  • Unprotected marine flora and fauna. With limited prevention or control and remediation plans.
  • Local population dependent on marine and/or recreational activities. With limited plans for prevention or substitution of activities.
  • Limited Special equipment that protects the coastline from oil.

• Response capacity:
  • Shipping company: limited contingency plans to control the spill and its effects.
  • Oil company: limited contingency plans to control the spill and its expansion.
  • National Government: Concerned about the administrative action through the Oversight Body. Prevention, control, or remediation plans against the hazard are unknown.
  • Regional Government: Concerned in initial action. Limited plans in the face of danger.
  • Local Government: Concerned in initial action. Limited plans in the face of danger.

• Resilience in the population:
  • Great recovery capacity as the dangerous event did not affect them instantly. But there are groups very affected.
  • Fishermen and economic circle affected.
  • People who work in recreational activities, affected.

As can be seen, each of these elements of what constitutes a disaster requires data, or a lot of information. But it is not necessary to have the precise information to be able to give a projection. Based on the information shared, we can approximate some preliminary conclusions:

1. The disaster occurred, given the superiority of the dangerous event, oil spill, with respect to the response capacity of the company, the authorities and the population.
2. It is an environmental disaster initially, but as it proportionally affects the coastal population, it becomes a common disaster that integrates the environment.
3. The disaster could have spread with the vulnerability of its population; not prepared to face the danger of the oil spill. The impact on health is a reference in this situation.
4. The response capacity of the maritime transport company, the oil company and the State agencies is limited in the face of the dangerous event.
5. Although there is a high resilience in the population, as it has not been instantly affected, with few exceptions, such value can be lost if the dangerous event continues.

These preliminary conclusions guide us, in turn, along paths to a solution. Within these roads, an initial or urgent response is to keep the vulnerable and most affected population together. In the same sense, it is urgent to continue taking permanent actions to remedy the affected areas still pending on the coast, such as the seabed. The latter would reduce the danger and the disaster would be overcome.

Lima, June 14 and 19, 2022

(*) About the author: Professor at the Pontifical Catholic University of Peru and lecturer at the National University of San Marcos. Lawyer, master’s in social sciences, and PhD in Laws.