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.
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