A/HRC/36/41 Older persons 39. Older persons are at elevated risk of disease resulting from exposure to toxic substances in, among other things, air pollution and following chemical disasters, due to physiological and psychological changes. According to recent figures from WHO, each year 4.9 million adults between the ages of 50 and 75 die prematurely as a result of exposure to an unhealthy environment.44 40. The gradual decline in physiological processes, the cumulative effect of lifestyle, occupational and dietary choices and the increase in age-associated diseases and conditions do not only increase the susceptibility of older persons to health problems caused by exposure to hazardous substances, such as air pollutants. These factors also complicate correlation between hazardous exposure and health effects. Furthermore, cognitive impairments can reduce the ability of older persons to recognize, interpret and react to hazardous substances in their environment. Victims may be less likely to pursue legal remedies because of the lengthy process, the efforts required or the complications in establishing correlation. Differences based on race, gender or ethnicity can introduce additional variables. Risk assessments by State regulators often do not adequately account for the elevated risk of adverse impacts among older persons. Indigenous peoples 41. Indigenous peoples continue to suffer grave rights abuses in connection with the contamination of their lands and territories with pollution from extractive industries, toxic chemicals that migrate long distances via wind and water, and the dumping or leaching of hazardous wastes. High levels of toxic chemicals and pollutants often accumulate in traditional foods of indigenous peoples. Rates of cancer and other adverse health effects have been significantly higher for indigenous communities that must eat, drink and breathe toxic contamination, which in many cases did not originate in their lands or territories. The exact magnitude of the impacts is unknown due to serious deficiencies in health monitoring in many communities. In numerous cases, indigenous peoples have been unable to secure an effective remedy. 42. Indigenous peoples have the right to the conservation and protection of the environment and productive capacity of their lands or territories and resources. 45 This includes the protection of their food, water, air and soil from toxic pollution and contamination. To this end, under article 29 (2) of the United Nations Declaration on the Rights of Indigenous Peoples, States are explicitly required to obtain the free, prior and informed consent of indigenous peoples regarding the storage or disposal of hazardous materials on their lands or territories. Indigenous peoples have the right to demand of States effective measures to ensure that programmes for monitoring, maintaining and restoring health are designed and implemented by those affected by such materials.46 The Declaration (art. 18) specifically articulates the right of indigenous peoples to participate in decisionmaking in matters that would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Minorities 43. Racial, religious and ethnic minorities, including migrants, are often at elevated risk. Polluting industries, hazardous waste disposal sites, contaminated drinking water and other sources of toxic exposure are often disproportionately located in minority communities. Minority communities have also been housed on sites contaminated with high levels of lead and other toxic substances and wastes. Such communities are often unable to gain access to effective remedy for toxic pollution and contamination. 44 45 46 10 See www.who.int/mediacentre/news/releases/2016/deaths-attributable-to-unhealthyenvironments/en/. United Nations Declaration on the Rights of Indigenous Peoples, art. 29 (1). Ibid., art. 29 (3).