A/HRC/15/22 mandate of the Special Rapporteur so as to include all types of movement and dumping of toxic and dangerous products and wastes, is the first response to these changes. 72. In view of the fact that the many human rights violations related to toxic and dangerous products and wastes derive from their inappropriate generation, management or use, rather than from their “movement” or “disposal”, the Special Rapporteur recommends that the Human Rights Council consider requesting the mandate holder to monitor the adverse effects of hazardous products and wastes during the whole life cycle, from their production to their disposal. Accordingly, the new title of the mandate would be “Special Rapporteur on the adverse effects of the unsound management and disposal of toxic and dangerous products and wastes on human rights”. The expression “unsound management and disposal” is to be interpreted extensively, so as to encompass the whole life cycle of hazardous products and wastes (cradle-to-grave approach). 73. The Special Rapporteur intended to complete his term by developing a set of guidelines on human rights-based approaches to the sound production, management and disposal of hazardous products and wastes. He discussed this issue informally with a number of delegations, some of which expressly supported the development of such guidelines during the interactive dialogue. Nevertheless, Human Rights Council resolution 12/18 only called for the organization of a panel discussion to inform the future work of the Special Rapporteur. 74. Based on the impetus created by this debate, the Special Rapporteur recommends that the Council request the new mandate holder to develop such guidelines, prior to the renewal of the mandate, due in September 2011. The guidelines should be developed in close consultation with relevant stakeholders, including States, relevant human rights bodies and mechanisms, United Nations specialized agencies, programmes and bodies, the secretariats of multilateral environmental treaties, national human rights institutions, NGOs and representatives of the private sector. 75. The present report identifies some issues that, although not new, would nevertheless continue to deserve the attention of the mandate in view of their scale, their potential or actual adverse impact on human rights and/or the lack of an adequate legal framework. 76. With regard to the human rights impact of ship-breaking, the Special Rapporteur wishes to reiterate the recommendations addressed to States and other relevant stakeholders to consider adopting and implementing voluntary measures to address the negative impacts of ship-breaking that are not covered by the Hong Kong Convention on ship recycling (see A/HRC/12/26, paras. 64–65). He also encourages the new mandate holder to submit his/her preliminary assessment on whether the IMO Convention establishes a level of control and enforcement equivalent to that established under the Basel Convention to the secretariat of the Basel Convention, and to consider attending COP-10 in order to share with the parties to the Basel Convention the views expressed by the mandate with regard to the shortcomings of the Hong Kong Convention. 77. In view of the gaps and ambiguities in the existing international legal framework on the sound production, management and disposal of e-waste, and taking into account the significant increase in the amount of e-waste generated worldwide, the Special Rapporteur encourages the new mandate holder to continue studying this phenomenon, with a view to making appropriate recommendations to the Human Rights Council on adequate measures to control the transfer of obsolete or broken GE.10-14907 19

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