A/HRC/21/48
Hazardous Wastes and their Disposal and the Rotterdam Convention on Prior Informed
Consent Procedure for Certain Hazardous Chemicals and for Pesticides in International
Trade.
54.
In addition to these three conventions, other international agreements and
negotiations are relevant to chemicals and waste pollution regionally or globally. The
Convention on Long-range Transboundary Air Pollution (LRTAP) of the United Nations
Economic Commission for Europe and its eight protocols are of limited geographic and
substantive relevance, and therefore not discussed here.32 Other international instruments
for managing chemicals, namely the Pollutant Release and Transfer Registers (PRTRs) and
the Strategic Approach to International Chemicals Management (SAICM) are discussed
separately below.
55.
Negotiations are expected to conclude in 2013 on a legally-binding instrument on
mercury pollution. It is expected that it will contain provisions on mercury exposure,
including supply sources, such as mercury mining and international and domestic
distribution; use in products and processes; artisanal and small-scale gold mining;
emissions and releases into air, water and land; waste, storage and remediation of
contaminated sites. In order to prevent the various human rights impacts of extractive
activities due to a range of pollutants, strong and clear legally-binding obligations to reduce
exposure to mercury as well as other inorganic pollutants are necessary. However, despite
the substantial time and cost of negotiations, draft treaty texts for a legally-binding
agreement on mercury do not show the desired willingness on the part of States to address
other heavy metals associated with extractive industries that warrant international action,
such as lead and cadmium.
56.
Parties to the Stockholm, Basel and Rotterdam conventions determine the chemicals
covered under the scope of each agreement. However, some chemicals are categorically
excluded from particular conventions. For example, the Stockholm Convention only applies
to organic (carbon-based) chemicals, and does not cover inorganic elements like elemental
mercury (methyl-mercury could theoretically be included), which is produced and released
through extractive activities. Cyanide, another common toxic substance associated with
extractive industries, is also not within the scope of the Stockholm Convention because it
does not meet the bio-accumulation criterion.
57.
Exemptions under the Basel Convention include chemicals that are subject to other
international controls, radioactive wastes, and discharge from ships, as well as those traded
to or from non-State Parties, or depending on a country’s level of development. The
Rotterdam Convention, which does not regulate chemicals, but rather establishes a
mechanism to exchange information and prior informed consent of States importing
hazardous chemicals, does not apply to radioactive materials, wastes and chemicals in
quantities not likely to affect human health. The long-range transboundary movement of
hazardous chemicals through wind, water or living organisms is not covered by the Basel
and Rotterdam conventions. The scope of these conventions is further limited by political
realities, such as the refusal to list chrysotile asbestos – the most commonly used form of
asbestos, the hazards of which are well-established – as a hazardous substance under the
Rotterdam Convention.
58.
Additional gaps include the limited number of parties to certain conventions as well
as the limited geographic scope of some. Although most States are party to the Basel,
Rotterdam and Stockholm conventions, certain key industrialized countries have not
32
The LRTAP protocol with the most potential relevance to the impacts outlined above is the Aarhus
Protocol on Heavy Metals which covers cadmium, lead and mercury; however, it currently applies to
stationary sources of atmospheric emission, such as pollution associated with gas flaring.
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