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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