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
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