A/HRC/7/21
page 11
provided after a delayed amount of time or given piecemeal in order to confuse or be deemed
unusable. Governmental authorities often justify this behaviour on national security grounds,
transnational corporations for considerations of trade secrecy.
32. The Special Rapporteur considers that the right to information and participation are both
rights in themselves and also essential to the exercise of other rights, such as the right to life, the
right to the highest attainable standard to health and the right to adequate food, among others.
Lack of information denies people the opportunity to develop their potential to the fullest and
realize the full range of their human rights.
33. The Special Rapporteur considers the right to information and participation highly relevant
in the context of the adverse effects of the illicit movement and dumping of toxic and dangerous
products on the environment and on the enjoyment of basic human rights. Public access to
information when requested and the obligation of public authorities to disclose and inform,
irrespective of requests, are imperative for the prevention of environmental human rights
problems and the protection of the environment.
34. The Special Rapporteur notes that there are many cases that have been brought to his
attention of disputes between citizens and Governments in developing countries and between
developing countries and transnational corporations over the movement of toxic and dangerous
products and wastes. Disputes often arise owing to a lack of information or the failure of the
State or of corporations to ensure full disclosure of the potential dangers of activities carried out
by those corporations to individuals, communities and the environment. He notes that, in many
cases, even Governments claim not to have access to the necessary information on the potential
dangers to human beings and the environment.
35. The Special Rapporteur would like to stress that the responsibility of States is particularly
important when dealing with the issue of toxic waste, including the disposal of nuclear wastes,
and the production or use of pesticides, chemical products and toxins because of the dangers to
the health and well-being of human beings that they pose.
36. National security, “trade secrets”, the principle of confidentiality of matters sub iudice, or
other grounds invoked against reasonable requests for information on toxic and dangerous
products and wastes must be applied with caution. The Special Rapporteur stresses that
Governments may only invoke such grounds insofar as they are in conformity with the relevant
derogation or limitation clauses of international human rights instruments. The use of such
concepts must be regularly reviewed to ensure that the public’s right to information is not unduly
restricted.13
37. The Special Rapporteur considers it important that individuals, communities and
neighbouring countries have information regarding hazardous materials and conditions at
industrial facilities located in their vicinity in order to undertake disaster risk reduction and
preparedness wherever there is a danger of large-scale industrial accidents, like those in
13
See the final report of the Special Rapporteur of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities (E/CN.4/Sub.2/1994/9), para. 213.
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