A/HRC/7/21
page 7
greater regulation and the emergence of global norms. Unfortunately, regulation then led many
companies to increasingly resort to illegal or illicit movement and dumping of wastes and
dangerous products, with far-reaching consequences for human rights.
17. The Special Rapporteur notes that, apart from direct transfers of waste and dangerous
products, there appears to have been an increase in indirect transfers through the relocation of
polluting industries, industrial activities and/or technologies which generate hazardous wastes
from OECD to non-OECD countries. High environmental and health standards coupled with
strong opposition from local authorities or community and labour organizations in OECD
countries have also fuelled such relocation.
18. Although the Special Rapporteur acknowledges that developing countries trade in
hazardous products and toxic wastes owing to the poverty and the dire developmental situation
of the countries concerned, the overall risks to life, health and the environment always outweigh
short-term monetary benefits. The disposal of hazardous products and wastes requires technical
knowledge for safe handling, technology which is often not available in destination countries.
Advanced technology is needed for the safe disposal of waste, such as that generated by
industrial chemicals, pesticides, poison, drugs, “e-wastes” (such as computers, refrigerators and
cell phones) and for ship-breaking. Ironically, developed countries that have such technology are
increasingly less likely to dispose of such wastes, but instead send them to developing countries
that lack the necessary know-how.
19. Given the current scenario, the human rights of local populations in countries that are net
receivers of toxic products and wastes are threatened by the dumping of hazardous wastes for
disposal or storage and by the trade in hazardous waste for recycling or further use. Such risks
are also involved in the selling of wastes to poor countries under the waste-to-energy plants that
are often promoted to produce free energy.3 Other forms of exposure for the local population are
generated by lead recycling factories, the export of plastic residues, the export of ships for
recycling operations, and the export of waste-intensive industries such as asbestos-related
industries, cyanide heap-leaching and chlorine-related facilities in the chlor-alkali industry and
tanneries.
20. The Special Rapporteur notes that, because of structural conditions in many developing
countries, women and the young are particularly at risk from transfers of toxic and dangerous
products and wastes. Women, children and the young are often among the poorest and therefore
likely to work in polluting industries and scavenge dumps of waste for reusable materials. They
are also most likely to have limited access to information on waste products and to health
facilities in the event of contamination. The Special Rapporteur calls for greater global attention
to the gender and age dimensions of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights.
3
See the report on the adverse effects of the illicit movement and dumping of toxic and
dangerous products and wastes on the enjoyment of human rights (E/CN.4/2001/55), para. 26.
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