A/HRC/7/21
page 18
Declaration of Human Rights and several other international instruments. The exercise of
the right to participation would be meaningless if there was no access to relevant
information on issues of concern.
67. The Special Rapporteur believes that the Human Rights Council may want to
recognize explicitly the right to information as a precondition for good governance and the
realization of all other human rights. States should move towards implementing the right
to information enshrined in the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. The Special Rapporteur notes that
information held by the State should be considered to be held in trust for the public, not as
belonging to the Government. Although the State can invoke national security or defence
clauses, it is the view of the Special Rapporteur that this responsibility should not be
abused by States or used to derogate from their duty to protect and promote the rights of
their citizens in relation to the adverse effects of toxic and dangerous products and wastes.
68. The Special Rapporteur would like to appeal to both developed and developing States
to adhere more strictly to international normative frameworks, such as the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal. The Special Rapporteur notes that there are currently 170 parties to the
Convention and appeals to those States that have not already done so to consider ratifying
it. The Special Rapporteur also urges States to take into account, and if possible become
parties to, other legal instruments such as the Aarhus Convention, which are central to the
full realization of the right to information with regard to environmental matters, which in
turn would help combat the adverse effects of the illicit movement and dumping of toxic
and dangerous products and wastes on the enjoyment of human rights.
69. While the Special Rapporteur acknowledges that developing countries are sometimes
left with little choice owing to developmental needs and situations of poverty, both
developing and developed States need to find alternative solutions to the trade of toxic
wastes and dangerous products. Although the income generated by such trade is very
attractive, States need to take into account the future costs and long-term consequences of
environmental degradation, as well as their obligation to save future generations from a
multitude of health problems. The Special Rapporteur is particularly concerned about the
consequences of these health problems for women and young persons and appeals to States
to put in place adequate means for their protection.
70. The Special Rapporteur would like to emphasize that developed countries must not
see developing nations as “cheap dumping grounds” to get rid of unwanted and hazardous
products and wastes. While the Special Rapporteur welcomes the high environmental and
health standards that often prevail in developed States, at both the national and the
regional level, it is his hope that developed countries will consider passing on key
knowledge on the safe handling of toxic and dangerous products, and their experience in
monitoring safety standards and the effective running of regulatory mechanisms, to
developing countries.
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