A/HRC/45/CRP.10 I. Introduction, background and context 1. In the present submission, pursuant to Human Rights Council resolution 36/15, the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes (toxics), 1 Baskut Tuncak, focuses on the human right to an effective remedy for victims of toxics. The Special Rapporteur has chosen to illustrate the implementation of this right through the case of Roma, Ashkali and Egyptian (RAE) populations,2 housed on lead contaminated wasteland by the United Nations from 1999-2013, during and after the Kosovo conflict. 2. These communities are still waiting for remediation and compensation for the serious human rights violations that they have suffered. The victims of exposure, most of whom were women of reproductive age or children, continue to suffer an ongoing violation of their human rights by the failure of the United Nations and its Member States to provide a timely and effective remedy, now over 20 years from the start of this unnecessary and preventable tragedy on this marginalized minority community. 3. In March 2019, as a follow up to previous engagement described herein, the Special Rapporteur met with the Roma community that continue to bear the burden of years of toxic exposure, within the framework of an academic visit.3 The Special Rapporteur held meetings with affected community members, the Special Representative of the Secretary General (SRSG) and Head of United Nations Mission in Kosovo (UNMIK), and other representatives of the international community. He wishes to thank all officials and individuals he met, for their time and cooperation in sharing information on their views and experiences. In the present report, the Special Rapporteur shares findings and recommendations stemming from his engagement over the past several years. II. Right to an effective remedy for victims of toxics 4. Accountability is a fundamental principle of human rights. States and other duty bearers must be accountable to rights holders for their human rights obligations implicated by toxics. In this regard, duty bearers must comply with the legal norms and standards enshrined in international human rights instruments. Every rights holder is entitled to initiate proceedings for appropriate redress before a competent court or other judicial authority in accordance with the rules and procedures provided by law. States and other duty bearers must ensure access to justice and provide effective remedies and restitution to victims of those violations occurring because of exposure to hazardous chemicals. 4 5. Access to justice is an essential component of the rule of law and a means by which victims of toxics can actively claim the entire range of rights they hold, including the right to access to an effective remedy. Human rights obligations in the area of toxics must be matched 1 2 3 4 2 Consistent with the previous reports of the current mandate holder and those of his predecessors, hazardous substances and wastes are not defined strictly; they include, inter alia, toxic industrial chemicals and pesticides, pollutants, contaminants, explosive and radioactive substances, certain food additives and various forms of waste. For ease of reference, the Special Rapporteur refers to hazardous substances and wastes as “toxics”, and therefore, in the present report, the term “toxics” (or “toxic substances”) should be understood to also include non-toxic but hazardous substances and wastes. The acronym RAE has been widely used by the international community to refer jointly to the Romani (the Roma, Ashkali and Egyptian) minority communities in Kosovo. The issue of the distinctive ethnic identity of these communities, which share cultural traits and history of marginalization in society, is complex and debated. The community members had referred to themselves as members of the RAE or Roma community in Kosovo in their submissions to the Human Rights Advisory Panel (HRAP) of UNMIK hence the Special Rapporteur’s decision to use the same terms in this report. The Special Rapporteur planned to conduct an official visit to UNMIK from 23 to 24 March 2020, as part of a follow up to his previous, academic visit. However, this visit was postponed by the United Nations due to the COVID-19 pandemic. A/HRC/36/41.