A/HRC/42/41
consultation process, preliminary observations and potential “recommendations” that were
taking shape based on the consultation process.
7.
On these occasions the Special Rapporteur shared his vision and plans for better
integrating human rights standards and practices in the protection of workers from toxic
exposures. In the course of various consultations and information gathering and based on
the experience accumulated under the mandate over the course of several years, it had
become clear that there is an urgent need to articulate a set of principles for protecting
workers from exposure to toxic substances based on existing human rights norms and
standards. During the consultation process, the Special Rapporteur shared his intention to
prepare and suggest principles on the protection of workers from toxic exposures in the
framework of his mandated activities and was satisfied to note ample support and
enthusiasm coming from a large number of States and other actors.
8.
In September 2018, the Special Rapporteur presented a report to the thirty-ninth
session of the Human Rights Council highlighting the global crisis confronting workers
exposed to toxic substances based on the work of several successive mandate holders. He
outlined key challenges and proposed 15 principles to help States, businesses and other key
actors to protect workers from toxic exposures and to provide remedies for violations of
workers’ rights.5 The principles were grounded in existing international human rights law
and built upon the Guiding Principles on Business and Human Rights, several ILO
instruments and relevant international agreements on toxic chemicals and wastes. 6 Both in
the report and his oral intervention, the Special Rapporteur shared his plan to present a final
set of principles to the Council, gathering additional input from States and other
stakeholders regarding how the draft principles were reflected in their laws, policies and
procedures, as relevant, on occupational exposure.
9.
The Special Rapporteur noted overwhelming support from States during his
interactive dialogue at the thirty-ninth session of the Council for continued efforts under the
mandate on worker’s rights and its plan of work for the coming year. Most interlocutors
welcomed the report and shared examples of good practices where the principles were
already being implemented in law and practice. Delegations expressed particular
appreciation of the fact that the draft principles had been elaborated building on the
Guiding Principles on Business and Human Rights, ILO instruments and multilateral
environmental agreements on toxic chemicals and wastes, among others. The level of
expressed interest and support gave the necessary impetus and affirmation to continue
discussions on the subject with a view to presenting to the Council an updated and finalized
set of principles on workers’ protection from toxic exposure.
10.
In 2019, the Special Rapporteur circulated a questionnaire for all stakeholders to
help him finalize the principles, which are contained in the present report. It was
encouraging to note that nearly all respondents were supportive of the principles and agreed
on their relevance.
11.
The draft principles contained in the 2018 thematic report were modified on the
basis of all the comments and suggestions received through the written consultation, as well
as additional consultations and smaller discussions undertaken in the course of 2019 with
ILO, WHO and other international organizations. ILO in particular noted that none of the
proposed principles conflicted with, and most were “fully incorporated into and supported
by, international labour standards, including the ILO Constitution”. The Special Rapporteur
took all comments into account in his revision of the principles.
12.
The principles contained in the present report are thus rooted in the nearly 25 years
of work under the mandate, including country visits, thematic research and communications
with States and non-State actors, as well as intensive, targeted consultations undertaken
since 2017.
5
6
4
Ibid. The report included a detailed annex describing various cases addressed under the mandate since
2007.
A/HRC/39/48 and Corr.1, sect. IV.
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