A/HRC/30/40
of the information generated and assessments performed, through government
oversight, the involvement of third parties, or some combination thereof to
ensure the reliability of information. Direct or indirect financial ties and other
conflicts of interest must be disclosed;
(v)
States should ensure that reliable baseline information is generated for
the presence of hazardous substances in air, water and soil that may be released
by extractive or other industrial activities before such activities begin;
(vi) Where information is unavailable, States should make the public aware
of missing information and exercise caution to prevent possible adverse impacts
while information is generated, collected and assessed;
(b)
To ensure information is accessible:
(i)
States must actively inform the public of the risks of hazardous
substances and wastes, including those at risk of disproportionate impacts.
States should ensure that people have access in adequate languages and formats
to information on specific adverse impacts of hazardous substances released
into their environment and in everyday products;
(ii)
States must immediately communicate to the public imminent threats to
public health and the environment. States should ensure that all information
that would enable the public to prevent harm is disseminated. Businesses whose
activities result in imminent threats must convey to the government authorities
and the public a threat to public health or the environment, providing full
access to information about risks, impacts and mitigation measures;
(iii) States should create a centralized system that is physically and
economically accessible regrouping all relevant information on hazardous
substances and wastes and its impact on human health and the environment,
including concerns raised with national and subnational authorities and
businesses;
(iv) States and businesses should be guided by the principle of full disclosure,
allowing secrecy only when the necessity and legitimacy of confidentiality are
proved. States must require that claims of confidentiality be justified and
periodically resubstantiated. Grounds for the refusal of access to information
must be interpreted in a restrictive way, taking into account the public interest
served by disclosure. If information exempted from disclosure can be separated
out without prejudice to the confidentiality of the information exempted, public
authorities must disseminate the remainder of the information requested
(v)
States should ensure any limitations to the right of access to information
on hazardous substance and wastes should be in conformity with the law, the
principle of proportionality and necessity, reasonable purpose and objective
and protection of the right of others;
(vi) Information relevant to the protection of and respect for human rights
should never be considered “confidential” or “secret”. Health and safety
information about hazardous substances and wastes should not be confidential,
including emissions into the environment, toxicity studies and chemical
identity;
(vii) States and businesses should provide an exhaustive list of information or
types of information that is not publicly accessible but provided to
governments, including the reason for non-disclosure;
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents