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34. The Special Rapporteur remains discouraged by the lack of attention paid to the mandate.
During consultations with Member States, the Special Rapporteur is often confronted with
arguments that issues of toxic waste management are more appropriately discussed in
environmental forums than at the Human Rights Council. He would like to remind Member
States that the transboundary movement of hazardous toxic and dangerous products and wastes
has far-reaching human rights implications, as demonstrated by the impact of the Probo Koala
incident in the city of Abidjan which resulted in the death of 16 people, while up to 100,000
experienced a variety of health problems. He calls on the Human Rights Council to take this
issue more seriously. He is discouraged by the limited number of States willing to engage in
constructive dialogue with him on the mandate during the interactive sessions at the Human
Rights Council.
35. Resolution 2005/15 set forth an ambitious agenda for the mandate. While the Special
Rapporteur remains committed to effectively implementing his mandate, he is unable to carry
out all the work requested by the Commission on Human Rights, now assumed by the Human
Rights Council due to limited resources. He would like to appeal to States to provide more funds
and support to the Office of the High Commissioner for Human Rights in order to enable it to
support his work more effectively.
36. The Special Rapporteur notes that resolution 2005/15 calls for him to investigate cases and
phenomena related to the adverse effects of the illicit movement and dumping of toxic and
dangerous products and wastes on the enjoyment of human rights. In practice, however, a greater
part of the information he receives concerns movements and transportation of toxic and
dangerous products and wastes that appear to be officially legal, particularly in the form of trade
and development assistance. Yet, some of such movements could be considered “illicit” based on
human rights norms and they carry far-reaching adverse consequences for the enjoyment of most
internationally guaranteed human rights. He would like to request the Council to consider
enhancing the mandate by broadening it to include all types of movement and dumping of toxic
and dangerous products and wastes.
IV. CONCLUSIONS AND RECOMMENDATIONS
37. The Special Rapporteur would like to warmly thank the Basel Convention secretariat
for the invitation to address the ninth Conference of Parties to the Basel Convention. He
appreciated the opportunity to hold consultations with delegates working in the
environmental area and with other specialized agencies. He greatly appreciated the
opportunity to remind delegates of the human rights dimension to waste issues and looks
forward to future engagements with the Conference of Parties to the Basel Convention.
38. He would like to explore identical engagements with the Rotterdam and Stockholm
Conventions in order to intensify coordination and international cooperation in providing a
human rights perspective on the environmentally sound management of toxic chemicals
and hazardous wastes. These would complement the Special Rapporteur’s earlier
involvement in the Strategic Approach to International Chemicals Management (SAICM)
process.
39. The Special Rapporteur would like to call upon countries that have not done so to
consider ratifying the Basel, Rotterdam and the Stockholm Conventions.
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