A/HRC/21/48 VI. Conclusions and recommendations 68. On the basis of his study of the management and disposal of hazardous substances and waste used in and generated by extractive industries, and their relationship with human rights, the Special Rapporteur makes the following recommendations. 69. In accordance with their obligation to respect, protect and fulfil human rights, States should: (a) Develop a comprehensive, legally-binding regime to ensure chemical safety throughout the lifecycle of all chemicals, both synthetic and naturallyoccurring, with particular attention to the needs of the most vulnerable. In this regard, the Special Rapporteur considers that a treaty on mercury is crucial. The current array of narrowly focused legally-binding agreements for chemicals and wastes do not adequately address, let alone eliminate, exposure to the numerous hazardous substances and wastes generated by extractive industries that result in human rights impacts; (b) Ratify the Kiev Protocol on Pollutant Release and Transfer Registers (PRTRs) to the Aarhus Convention, if they are not already parties, as global participation in the Protocol would increase corporate accountability, encourage improvements in environmental performance, and increase knowledge about hazardous substances and wastes; (c) Take a lead in moving towards the universal ratification of relevant International Labour Organization (ILO) conventions; (d) Move towards the establishment of international standards regarding the amount of allowable negative impacts of extractive industries on health and the environment so as to address the disparate impacts on communities in nations with weak regulations. A central enforcement body to review project proposals would help to uphold such international standards; (e) Maximize synergies between hazardous chemicals environmental regimes, such as climate change and biodiversity; and other (f) Carry out comprehensive environmental, social and human rights impact assessments that examine existing natural resources in the area, cumulative impacts of projects and socioeconomic linkages to environmental issues. Special consideration should be given to how activities might impact the rights of indigenous peoples. Impact assessments must use reliable baseline studies, for both environmental contaminants as well as human health conditions. Impact assessments should be ongoing to effectively monitor the evolving impacts of extractive operations, and they should be carried out by competent, independent third parties; (g) Establish permanent spaces for consultation and dialogue in decisionmaking processes at local and national levels, before issuing the invitation to tender and awarding the concession, where the peoples and communities concerned, companies and local authorities are appropriately represented. Community capacitybuilding is often required to enable meaningful participation during consultation. Involve intergovernmental and non-governmental organizations focusing on health and the environment in building the capacity of local communities to participate in an informed manner; (h) Ensure that the benefits of extractive activities are equitably distributed among affected communities. Greater awareness regarding the potential inadequacy 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents