A/HRC/7/21 page 6 13. He called on the national authorities and the international community to recognize the specific challenges and difficulties confronting indigenous people as a result of the illicit movement and dumping of toxic and dangerous products and wastes, and urged action at the local, national, regional and international levels to address those problems and to involve indigenous peoples and other groups in decision-making processes related to issues such as the extraction of natural resources and development generally. III. ADVERSE EFFECTS ON HUMAN RIGHTS OF THE ILLICIT MOVEMENT AND DUMPING OF TOXIC AND DANGEROUS PRODUCTS AND WASTES 14. In order to facilitate the review of the mandate by the Human Rights Council, the Special Rapporteur wishes to recall some basic information about the illicit movement and dumping of toxic and dangerous products and wastes, and highlight their impact on fundamental human rights. 15. In recent decades, the movement of hazardous wastes and products across the globe, and particularly from developed to developing countries, has continued to flourish, often without appropriate safeguards, despite international standards and norms which prohibit dumping or illicit movements. Disparities in domestic legal standards and the high costs of disposing of toxic waste effectively and safely have resulted in the regular movement of wastes across borders and frontiers, often illegally. 16. In 1980, 80 per cent of the trade in hazardous wastes was between developed countries.1 In 1988, between 2 and 2.5 million tons of waste were transported among the European members of the Organization for Economic Cooperation and Development (OECD). In 1987 and 1988, the existence of a number of contracts between Western companies and African countries was made public. The information on the contracts showed that transnational corporations based in developed countries were selling toxic wastes and hazardous products to States in the South, in particular in Africa, where small payments could secure ample land on which to dump such wastes.2 Transfers of waste were justified initially on the grounds that African countries had adequate land for safe disposal of such wastes and that the income generated could serve development needs. However, the limited technical capacity of such countries to dispose of it was ignored, as were the long-term consequences of burying and incinerating waste, which were the common disposal methods. Increasing global attention to this type of waste transfers led to 1 See A.E. Fry, “International Transport of Hazardous Waste” in Environmental Science and Technology, 1989, p. 509; see also 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 and Corr. 1). 2 See fact file compiled by the Centre Europe-Tiers Monde, “Nos déchets toxiques. L’Afrique a faim: v’la nos poubelles”, 1989. See also Pambou-Tchivounda, “L’interdiction de déverser des déchets toxiques dans le tiers monde; le cas de l’Afrique”, Annuaire français de droits international, 1988, p. 709.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents