A/HRC/42/41
I. Introduction
1.
Since 1995, the Commission on Human Rights and, subsequently, the Human Rights
Council have mandated a special rapporteur on the implications for human rights of the
environmentally sound management and disposal of hazardous substances and wastes. 1
2.
In resolution 36/15, the Human Rights Council requested the Special Rapporteur to
continue to provide detailed information on the human rights impacts of hazardous
substances and wastes,2 encouraged cooperation with, inter alia, the International Labour
Organization (ILO) and the World Health Organization (WHO), and requested the Special
Rapporteur to present to the Council annual reports and specific recommendations and
proposals concerning the steps that should be taken immediately to address the adverse
human rights implications of hazardous substances and wastes.
3.
Upon assuming the mandate in 2014, the current Special Rapporteur, Baskut
Tuncak, made a commitment to give higher visibility to the situation of workers impacted
by exposure to toxic substances (“toxic exposures”), reactivate the dialogue with States on
particular cases of such exposures and continue raising the issue in international human
rights forums. The present report is the result of this commitment and the efforts which
have followed.
4.
For nearly 25 years, various cases of the rights of workers have been brought to the
attention of the mandate holders and have been addressed in reports and discussions at the
global, national and regional levels.3 Through an in-depth examination of these cases, the
Special Rapporteur has recognized the need to bridge relevant discussions on the rights of
workers within the labour, human rights and environmental health forums as part of the
efforts to inform States, United Nations agencies and other relevant stakeholders of the
human rights impacts of exposure to toxics, including in the implementation of goal 8 of
the 2030 Agenda for Sustainable Development on decent work.
5.
According to ILO, over 2,780,000 workers globally die from unsafe or unhealthy
conditions of work each year. Despite clear human rights obligations relating to the
protection of their health, workers around the world find themselves in the midst of a crisis:
it is estimated that one worker dies at least every 30 seconds from exposure to toxic
chemicals, pesticides, radiation and other hazardous substances. 4 However, because
incidents of exposure are grossly underreported in some contexts and countries, this figure
may be an underestimation.
6.
Based on feedback from country visits and related thematic reports, the Special
Rapporteur convened two workshops and several smaller consultations in 2017 on the topic
of occupational exposures to toxic and otherwise hazardous substances. In 2018, a
questionnaire on the same subject and a call for submissions was made available to States,
civil society representatives, trade unions, workers’ unions and other stakeholders. A total
of 31 responses were received and analysed by the Special Rapporteur and the team
supporting the mandate. On 16 and 17 May 2018, an expert meeting was convened and on
8 June 2018 a briefing was held with States to share the conclusions reached through the
1
2
3
4
The mandate on hazardous substances and wastes, initially entitled “Adverse effects of the illicit
movement and dumping of toxic and dangerous products and wastes on the enjoyment of human
rights”, was first established by the Commission on Human Rights in resolution 1995/81. The current
mandate was established by the Human Rights Council in resolution 36/15.
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 thus the term “toxics” (or “toxic substances”) as used in the
report includes non-toxic but hazardous substances and wastes as well.
A/HRC/39/48 and Corr.1, annex.
A/HRC/39/48 and Corr.1, para. 3.
3
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