A/HRC/15/22
the Commission, to extend him an invitation.32 The lack of cooperation from the
Governments on this issue, which is shown by the limited number of visits he has been able
to undertake during his tenure, has seriously undermined the capacity of the Special
Rapporteur to carry out his mandate.
54.
The Special Rapporteur would like to reiterate that in situ visits offer a unique
opportunity to gather first-hand information and establish a constructive and genuine
dialogue between the relevant Government, civil society and the Special Rapporteur on the
progress made, and difficulties encountered, in the implementation of international human
rights standards relating to the sound management and disposal of hazardous products and
wastes.
55.
Unlike other special procedure mechanisms, the mandate has not yet developed any
formal mechanism for following up on country visits. The lack of such a mechanism is the
result of a variety of factors, including the scarce financial and human resources available
to the mandate holder and the difficulty of identifying the government agency or body
responsible for implementing the recommendations made. Nonetheless, the Special
Rapporteur believes that it would be desirable to develop a mechanism — which could take
the form of a follow-up report — to assess the extent to which recommendations have been
implemented.
C.
Individual communications
56.
Like most special procedures, the Special Rapporteur can receive and consider
communications alleging human rights violations relating to movement and dumping of
hazardous products and wastes, and intervene with Governments on behalf of the alleged
victims. The intervention can relate to situations in which a human rights violation has
already occurred, is ongoing, or has a likelihood of occurring.
57.
The process, in general, involves the sending of a letter to the Government inviting
comments on the allegations, seeking clarifications, reminding the Government of its
obligations under international law and requesting information, where relevant, on steps
being taken by the authorities to redress the situation in question. The text of
communications sent and responses received thereon are confidential until such time as
they are published in the communication report that the Special Rapporteur submits to the
Council on an annual basis along with the annual report.
58.
In line with recent developments in the field of corporate responsibility and
accountability for transnational corporations and other business enterprises with regard to
human rights, the Special Rapporteur has on some occasions entered into a direct dialogue
with private enterprises, for example mining companies, to request information about
human rights violations allegedly caused as a result of their acts or omissions and the
measures adopted to eliminate or mitigate the adverse effects of their activities, including
any compensation provided to the affected individuals and communities.
59.
The Special Rapporteur attaches great importance to information he receives directly
from communities or individuals allegedly affected by movement and dumping of
hazardous wastes and products, or from credible organizations acting on their behalf.
Although it is difficult to assess its actual impact, the individual communication mechanism
represents a powerful tool to strengthen the protection of the human rights of these
individuals and communities. Such a procedure also constitutes an essential element of the
32
16
See most recently Human Rights Council resolution 9/1, para. 6.
GE.10-14907
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