A/HRC/27/54
14.
Moreover, subsequent to resolution 18/11, the Council expanded the mandate further
in resolution 21/17. Resolution 21/17 made provision for the Special Rapporteur to respond
to the situation of human rights defenders who are subject to human rights abuses and
violations owing to their activities relating to the environmentally sound management and
disposal of hazardous substances and wastes.
B.
Prior and ongoing work under the mandate
15.
Since 1995, the Special Rapporteur’s predecessors have investigated and reported on
the adverse effects of the illicit movement and dumping of toxic and dangerous products
and wastes on the enjoyment of human rights. These investigations have examined specific
issues from a human rights standpoint, for example the troubling methods by which ships
may be dismantled (shipbreaking) (A/HRC/12/26) and electronic waste (e-waste) may be
disposed of (see E/CN.4/2004/46), while also surveying the human rights affected, to
varying degrees, by a broader range of toxic and dangerous products and wastes. Country
missions have been undertaken to a diverse group of countries, approximately twenty to
date, with reports being made to the Human Rights Council (or the Commission on Human
Rights) of relevant findings.
16.
Rather than restating the substantial work undertaken in years past, which focused
on downstream, disposal-related issues, the Special Rapporteur intends to focus his work
particularly on the new dimensions added to the mandate since 2011, when it was
strengthened to embrace a life-cycle approach to the environmentally sound management of
hazardous substances and wastes.
17.
In 2012, the first report under the new mandate as extended and amended in
resolution 18/11 drew the Council’s attention to extractive industries from the perspective
of human rights, with a focus on toxic chemicals. More precisely, the report surveyed the
human rights impacts from the unsound management of hazardous substances and wastes
used in and generated by extractive industries. The report explored various techniques and
emerging issues in extractive industries, and outlined the international normative
framework for the sound management of hazardous chemicals and wastes as it relates to the
extraction of raw materials. The report concluded with recommendations (A/HRC/21/48).
18.
Marc Pallemaerts, appointed Special Rapporteur by the Human Rights Council at its
twenty-first session, presented to the Council at its twenty-fourth session a progress report
which analysed the present international framework in the field of the mandate, from
various legal perspectives. That report provides a useful overview of life-cycle stages and
regulatory gaps in international law, and helps to establish a basis for identifying areas for
future focus (A/HRC/24/39). The late Mr. Pallemaerts was unable to complete the tasks
outlined under various elements of the mandate.
III. Planning the programme of activities relating to the mandate
19.
In this section, the Special Rapporteur outlines his preliminary plan for discharging
the mandate given by the Council. This plan is tentative; it is subject to revision once he has
had the opportunity to conduct broad consultations with relevant stakeholders, as well as in
response to unforeseen events, and is also contingent upon the dialogue held in the Council
on current and future reports and resolutions. It builds upon the plan outlined by the
previous Special Rapporteur, and takes into account the extraordinary and unforeseen
circumstances that prevented many of the elements of the previous Special Rapporteur’s
plan from being addressed over the past year.
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