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26. Other cases of non-international conflict or internal disturbances can make it difficult for
Governments to adequately control their borders, especially if armed opposition groups are
active along them. This can lead to an increased risk of toxic and dangerous products being
illicitly moved and dumped. Furthermore, in many cases armed conflict or internal tensions
foster the emergence of trafficking of all types of goods, including weapons, food, petrol, and
other consumer products. The fact that a black market exists makes it easier for toxic and
dangerous products to cross borders and to find a market which is hidden from the authorities.
The tri-border region of the Ferghana Valley in Central Asia is one example. This region
includes a widespread mining and processing industry which releases toxic and dangerous
products. Although the region has not known armed conflict per se, there have been numerous
internal tensions, which have complicated attempts by the authorities to increase security in the
region. In one case of trafficking in toxic products reported by UNEP, mercury was stolen on
several occasions from the Khaidarkan Plant and some 150 kg of this highly toxic metal appears
to have found an illegal market in the area.33 Furthermore, situations of armed conflict or internal
crisis, combined with widespread trafficking, can facilitate the existence of a climate of
corruption which in turn can further weaken the ability of the State to control the illicit
movement and dumping of toxic and dangerous products.
27. Armed conflicts can also negatively impact the right to information and participation,
which in turn increases the likelihood that toxic wastes and products will be illicitly moved and
dumped. Indeed, in situations with little or no governmental presence it is unlikely that a flow of
information will exist between the authorities and the population. Awareness of the dangers of
toxic wastes and products will allow the local population to resist attempts to dump toxic wastes,
thereby alerting the authorities. As noted by UNEP in the case of Somalia, low public awareness
about the dumping of toxic wastes in the country was one of the elements that made Somalia an
attractive destination for hazardous waste.34 Furthermore, lack of information on the risks posed
by toxic products that have been dumped in a region will increase the negative effects on health.
People in a war-torn, poverty-stricken society who are often simply trying to survive and earn a
living are unlikely to be concerned with health warnings. However, if they remain uninformed
they will not even be aware of the need to adopt measures to reduce the risks to their health, thus
increasing potentially adverse health effects.
II. HUMAN RIGHTS DIMENSION OF EXPOSURE TO TOXIC
AND DANGEROUS PRODUCTS AND WASTES
A. Affected rights
28. The preceding section highlighted the fact that exposure to toxic and dangerous products
during armed conflict is not limited to the use of chemical or biological weapons, which are
fortunately very rarely used, but particularly involves the use of conventional weapons or the
33
Environment and Security initiative (UNEP, UNDP, NATO, OSCE), Environment and
Security Transforming Risks into Cooperation (2005).
34
UNEP, After the Tsunami: Rapid Environmental Assessment (2006), pp. 133-134.
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