A/HRC/5/5 page 13 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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