A/HRC/21/48
chemicals so as to ensure that workers are not exposed to hazardous chemicals in
excess of exposure limits, and to minimize risk.
• Convention No. 174 concerning the Prevention of Major Industrial Accidents
obligates States parties to “formulate, implement and periodically review a coherent
national policy concerning the protection of workers, the public and the environment
against the risk of major accidents” (art. 4) and “establish a comprehensive siting
policy arranging for the appropriate separation of proposed major hazard
installations from working and residential areas and public facilities” (art. 17).
• Convention No. 176 concerning Safety and Health in Mines establishes standards
for all mining operations, excluding oil and gas extraction. Parties to the convention
must consult with representatives of employers and workers to formulate a policy on
safety and health in mines consistent with the minimum standards set out in the
Convention.34
• Convention No. 169 concerning Indigenous and Tribal Peoples in Independent
Countries recognizes the need for special safeguards of the rights of indigenous
peoples to the natural resources, including mineral or sub-surface resources,
pertaining to their lands, including the right to participate in the use, management
and conservation of these resources and in the benefits of their extraction.
62.
Despite the robust and varied protection offered by the ILO conventions, the Special
Rapporteur stresses what he considers their three primary shortcomings. First of all, the
lack of widespread ratification (ranging from 6 to 57 countries) of these conventions means
that global commitment to the full extent of the standards articulated is difficult.
63.
Secondly, implementation remains a substantial problem in States that have ratified
some or all of these conventions. Indeed, several States parties to Convention No. 169 fail
to adequately consult indigenous peoples prior to development and promotion of an
extractive undertaking, despite the requirement under the Convention to establish or
maintain procedures for consultation with affected indigenous communities, “with a view
to ascertaining whether and to what degree their interests would be prejudiced, before
undertaking or permitting any programmes for the exploration or exploitation of such
resources pertaining to their lands” (art. 15, para. 2).35 With regard to asbestos extraction,
Convention No. 162 has been somewhat successful in reducing asbestos extraction and
consumption around the world from an estimated 4.73 metric tons in 1980 to about 2.11
metric tons in 2003.36 However, despite the adoption of the resolution concerning asbestos
in 2006, which endorsed the “elimination of future use of asbestos,”37 extraction and use of
34
35
36
37
Arts. 2 and 3 of the convention obligate employers to adhere to the best practices of mine safety
contained therein; the convention places the burden on employers to ensure mine safety, requiring
them to inform workers of hazards, provide protection, access to medical care, as well as to take all
practical steps to eliminate or minimize risk of harm to workers. Additionally, States parties must
implement mine inspection programmes and make public statistics on the hazards associated with
mining.
For example, a human rights assessment report commissioned by a mining company found that
Guatemala had violated its obligations under ILO Convention No. 169 by failing to establish a
framework for consultation with indigenous peoples with regard to a mining operation that has
substantial negative environmental impacts. See On Common Ground Consultants Inc., Human
Rights Assessment of Goldcorp’s Marlin Mine, Executive Summary (May 2010), p. 12.
United States Department of the Interior and United States Geological Survey, Circular 1298,
Worldwide Asbestos Supply and Consumption Trends from 1900 through 2003 (2006), p. 17.
Resolution adopted by the International Labour Conference at its 95th session, June 2006, para. 1.
17
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