A/HRC/30/40
imposes restrictions on the exercise of freedom of expression which encompasses the right
to seek and receive information, these may not put in jeopardy the right itself (see general
comment No. 34, para. 21).
72.
States have taken various steps to help ensure the legitimacy of confidentiality
claims with respect to hazardous substances and wastes. States have clarified that that
information should be disclosed despite confidentiality of business information in cases
where a substance is a hazardous chemical substance53 and environmental information
should not be rendered confidential.54
73.
To ensure access to an effective remedy for unjustified claims of confidentiality,
States have implemented appeals mechanisms. Either an administrative appeals body or
courts, or a combination of the two, are used by States. For example, in Mexico an
administrative body (Federal Institute for Access to Information) handles appeals in the
event of a denial. France and the United Kingdom also use administrative bodies for this
purpose. The Republic of Korea and Ukraine allow appeals through the courts, and the
United States uses administrative bodies for the first appeal, followed by the courts for
further appeals.
74.
Despite clarifying statements, appeals mechanisms and global agreement that health
and safety information about hazardous substances should not be confidential, there remain
serious problems with the confidentiality of information not serving the public interest by
preventing access to health and safety information about hazardous substances and wastes.
5.
To engage in international cooperation to help make information available
and accessible
75.
Under numerous legal instruments, States have a duty to engage in international
cooperation to protect human rights, which includes efforts to protect human rights from
impacts resulting from the misuse of hazardous substances and wastes. International trade
in hazardous substances, whether as chemical products or as constituents of articles and
waste, is accelerating driven in large part by globalization. Furthermore, many of the
challenges to States to protect those within their territory from hazardous substances result
from actions or inactions abroad, such as the export of products containing hazardous
substances or the release of hazardous substances that can travel long distances through
wind, water and food sources.
76.
Lists of hazardous substances and information-sharing about their potential uses
help to enable international cooperation on hazards and potential risks, particularly useful
for countries with limited resources and businesses that prefer to avoid using or selling
products with hazardous substances. The Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
could be particularly useful in this respect.
77.
In many ways, including some described above, States have cooperated with one
another to share information over the past several years. However, economic interests
continue to create obstacles for sharing information on hazardous substances and wastes
internationally.
53
54
Republic of Korea, Enforcement Rules of the Act on the Regulation, Evaluation, etc. of Chemical
Substances (2013), art. 35.
Georgia, The General Administrative Code of Georgia (1999), art. 42.
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