A/HRC/7/21
page 12
Chernobyl and Bhopal. Individuals, communities and neighbouring countries must have
information regarding the full extent of environmental impact of proposed development projects
in their regions in order to participate meaningfully in decisions that could expose them to
increased pollution, environmental degradation and other such effects. Individuals, communities
and neighbouring countries must have information regarding pollutants and wastes associated
with industrial and agricultural processes. The Special Rapporteur considers it a clear duty of the
State to disclose such information.
38. In developing countries, the Special Rapporteur notes the frequent violation of the right to
information regarding the transboundary movement of wastes and dangerous products. Among
other things, the Special Rapporteur notes with great concern that toxic wastes and dangerous
products are often not labelled in the local language, which further exposes the population to
severe health and environmental risks. In addition, it must be mentioned that hazardous products
and wastes in developing nations are frequently dumped in rural and isolated areas, where there
is a high prevalence of illiteracy and inadequate information.
39. Widespread political instability in many developing countries means that vital information
that is necessary to the health, environment and well-being of the population is often withheld
from the public, apparently on the grounds that it is necessary to uphold national security, and
prevent civil unrest. In his previous report to the Council (A/HRC/5/5), the Special Rapporteur
stated that one of the consequences of armed conflicts was the trafficking of dangerous products
and wastes and their illicit dumping. Armed conflicts can also have a negative impact on the
right to information and participation, which in turn increases the likelihood that toxic wastes
and products will be illicitly moved and dumped.
40. Although the media could play an indispensable role in information dissemination in
communities, countries and regions, as well as both the rural and urban areas about the illegal
movement of hazardous products and wastes, it is often the case in developing countries that the
freedom of the press is severely curtailed or simply does not exist.
41. The rights to information and participation, and their particular importance for both
human rights and environment matters, are, however, well reflected in the international legal
framework, in both human rights law and environmental law. Some basic elements of that legal
framework and the importance of monitoring mechanisms are described below.
A. Legal framework
1.
International instruments
42. The right to information is frequently presented as an individual and group right that
constitutes an essential feature of democratic processes and of the right to participation in public
life. Article 19 of the Universal Declaration of Human Rights states that everyone has the right to
freedom of opinion and expression; that right includes freedom to hold opinions without
interference and to seek, receive, and impart information and ideas through any media and
regardless of frontiers. Article 21 of the Declaration would be rendered meaningless unless
individuals and groups have access to relevant information on which to base the exercise of the
vote or otherwise express the will of the people.
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