A/HRC/30/40
the availability of and access to information on the use of chemicals throughout the life
cycle of certain types of products.
66.
Although efforts are being made, public access to information about hazardous
substances and wastes remains limited around the world.
3.
To identify and inform those at risk of disproportionate impacts
67.
In order to protect those most at risk, States must ensure that disaggregated
information is available and accessible regarding the risks of hazardous substances to
various population groups, such as children or pregnant women. Similarly, the information
should be monitored and disaggregated by sex and population group, such as workers in
industries with exposure to hazardous substances, low-income communities, indigenous
peoples or minorities, or other groups who are at high risk of adverse impacts. In addition,
States must ensure information flows effectively to communities at risk to enable them to
be aware of risks and options to prevent harm.
68.
Recently the Environmental Protection Agency of the United States released highresolution maps that show disproportionate emissions in certain regions and locales in its
territory. Such high-resolution data, coupled with population data can help States identify,
investigate and mitigate disproportionate impacts on low-income, minority and other
communities. Disaggregated information on adverse effects linked to hazardous substances,
such as cancer, can help to identify those at risk of disproportionate impacts, and help to
provide an effective remedy. In addition, biomonitoring initiatives can also help to provide
disaggregated information, for example on hazardous substances in mother’s breast milk
passed onto children.
69.
To help overcome the challenge of making information accessible to workers and
others at risk, a long-standing tool nationally and internationally is classification and
labelling. These laws help to ensure businesses, workers and the public have access to
information about the risks associated with hazardous substances in the workplace. To this
end, States have pledged to implement “hazard communication mechanisms” ,51 such as the
Globally Harmonized System of Classification and Labelling of Chemicals, and to use
safety data sheets. Training of workers is required for these tools to work effectively.
4.
To ensure confidentiality claims are legitimate
70.
Ensuring the legitimacy of confidentiality claims is an inherent challenge given that
the information to be scrutinized for legitimacy is secret. Secrecy serves as a barrier to
accountability, remedy and democratic decision-making by consumers and communities. It
can also prevent international cooperation from tackling the global challenge of managing
hazardous substances and wastes. Given the challenges described above, increased
vigilance is required on the part of States to protect against illegitimate confidentiality
claims.
71.
Several international agreements on hazardous substances stipulate that health and
safety information about hazardous substances should not be considered as confidential. 52
In line with the obligations under these international treaties, States must ensure that
confidentiality claims are legitimate to protect and realize human rights. When a State
51
52
16
SAICM, Overarching Policy Strategy (see footnote 13 above), para. 15 (b) (ii).
See, for example, article 17 of the Minamata Convention on Mercury stipulating that information on
the health and safety of humans and the environment shall not be regarded as confidential; and
article 9 (5) of the Stockholm Convention stipulating that information on health and safety of humans
and the environment shall not be regarded as confidential.
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