A/HRC/21/48
on the substance. The right to adequate food, recognized in the International Covenant on
Economic, Social and Cultural Rights and other human rights treaties, recognizes the right
of everyone to adequate food, not only in terms of quantity but also quality, and free from
adverse substances.
35.
Toxic waste destroys marine life and reduces biodiversity. Studies have shown that
plants uptake uranium,26 and gas flaring, which is sometimes used to remove unwanted gas
from crude oil, releases nitrous oxide (N2O) and sulphur dioxide (SO2) into the atmosphere,
resulting in acidic precipitation, or “acid rain,” that can contaminate surface water and soil.
The damage done to soil by acid rain can negatively impact agricultural productivity and
decrease the ability of local communities to produce food. Fish stocks in these areas have
reduced significantly, creating food scarcity and insecurity for communities who depend on
fish as a main source of food, as well as a means of livelihood.
36.
Indeed, beyond the provision of food, the environment is also a natural capital from
which communities earn a livelihood. Pollution from toxic waste significantly affects
sectors, such as agriculture and fisheries, and contribute to the rise in food and commodity
prices in mining communities. Furthermore, at the macro-economic level, particularly in
developing countries, the prosperity achieved by the mining industry rarely translates into
an adequate standard of living for the population. There is clearly a need for strategies to be
put in place for benefit-sharing of resources, including the development of multi-sectoral
food and nutrition strategies which give special attention to the needs of vulnerable groups.
C.
Right to a safe and healthy working environment
37.
Mining is considered one of the world’s most dangerous occupations. Workers are
exposed to intense heat, toxic substances and fumes, unstable geological structures and
intense sounds. Inadequate safety protocols in the handling, storing and disposal of toxic
substances is contrary to international human rights treaties protecting the right to safe and
healthy working conditions, such as the International Covenant on Economic, Social and
Cultural Rights (art. 7) and the Convention on the Elimination of All Forms of
Discrimination against Women (art. 11). Indeed, article 11 of the Convention underscores
“the right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction” for women in the field of employment
Moreover, article 12 of Covenant obliges States parties to take steps necessary for “the
improvement of all aspects of environmental and industrial hygiene” as well as “the
prevention, treatment and control of […] occupational and other diseases.”
38.
Several ILO conventions address the occupational hazards facing workers in
extractive industries, as will be discussed in more detail below.
D.
Right to safe drinking water and adequate sanitation
39.
No other resource is affected by the extent and level of degradation of quality and
quantity due to unsound management of hazardous substances and waste from extractive
industries than water. As mentioned above, such substances seep, leech and drain into water
systems contaminating not only the water reservoirs of the population living in the
26
T.C.S. Murthy, P. Weinburger amd M.P. Measures, “Uranium effects on the growth of soybean,”
Bulletin of Environmental Contamination and Toxicology, vol. 32, No. 1 (1984), pp. 580-586; and P.
Soudek P. and others, “Uranium uptake by hydroponically cultivated crop plants,” Journal of
Environment Radioactivity, vol. 102, No. 6 (2011), pp. 598-604.
11
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