A/HRC/21/48
immediate area around the mine, but even of the communities living hundreds of kilometres
downstream, thereby affecting the fundamental right of access to safe drinking water and
adequate sanitation of these communities. Mercury contamination is of particular concern
due to its global dispersion. Regarding the quality of water, the Committee on Economic,
Social and Cultural Rights, in its general comment No. 15 (2002) on the right to water,
emphasizes that water must be “free from micro-organisms, chemical substances and
radiological hazards that constitute a threat to a person’s health” (para 12 (b)). There are
also serious implications on the right to health and the right to life if people use unsafe
drinking water. The international framework also provides for the protection of this right
for specific groups, including children, women, people living with disabilities and
indigenous peoples, with the aim of ensuring that water is available, accessible, safe,
acceptable and affordable for all, without discrimination. As recognized in international
human rights law, access to water that is free from hazardous substances is not only
essential for human health (the right to health) and ensuring livelihoods (right to gain a
living from work), but also for the enjoyment of certain cultural practices (right to take part
in cultural life), as is often the case for coastal communities and indigenous peoples.
40.
Furthermore, due to their use and production of hazardous substances and wastes,
extraction industries require massive amounts of water, which can permanently remove
billions of gallons of water from the earth’s hydrological cycle. This may infringe on the
human right to water by undermining the availability of a sufficient and continuous water
supply for personal and domestic uses. Dewatered aquifers and contaminated water
supplies may require communities to travel further to collect safe drinking water.
E.
Right to the enjoyment of a safe, clean and healthy sustainable
environment
41.
The unsound management of hazardous substances and waste from extractive
industries may cause significant environmental pollution, which in turn negatively impacts
a range of human rights. For example, elemental mercury and other heavy metals and toxic
substances found in gas reserves are released into the atmosphere during oil and gas
extraction processes, while cyanide leaching to extract gold from low-grade ores releases
and estimated 20,000 tons of hydrogen cyanide into the atmosphere.27
42.
The Special Rapporteur is pleased to observe the growing consensus among States
on the right to the enjoyment of a safe, clean and healthy sustainable environment.28 He
encourages further studies and consultations on pollution caused by extractive industries,
including on the contribution of airborne hazardous substances to global pollution and to
the greenhouse effect, the human rights impact thereof, as well as the extra-territorial
obligations that arise therefrom.
IV. Emerging issues in extractive industries
43.
The following paragraphs give a brief overview of the emerging issues in extractive
industries which aggravate or contribute to the impact of hazardous substances on human
rights, either directly or indirectly.
27
28
12
UNEP/ILO/WHO, “Hydrogen Cyanide and Cyanides: Human Health Aspects,” Concise International
Chemical Assessment Document 61 (Geneva, 2004). Available at http://www.inchem.org/documents/
cicads/cicads/cicad 61.htm.
Human Rights Council resolution 19/10, Human Rights and the Environment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents