A/HRC/15/22
I. Introduction
1.
The present report is submitted in accordance with Human Rights Council resolution
9/1, which requested the Special Rapporteur “to continue to undertake, in consultation with
the relevant United Nations bodies, organizations and the secretariats of relevant
international conventions, a global, multidisciplinary and comprehensive study of existing
problems and new trends in, and solutions to, the adverse effects of the trafficking and
dumping of toxic and dangerous products and wastes on human rights, (...) with a view to
making concrete recommendations and proposals on adequate measures to control, reduce
and eradicate these phenomena” (para. 4).
2.
The report seeks to provide a critical review of the work and activities undertaken by
the current Special Rapporteur since his appointment in July 2004. It consists of three
substantive parts: the first part reviews the scope of the mandate vis-à-vis the norms,
standards and principles developed in the field of international environmental law to
regulate the management and disposal of hazardous products and wastes. It also identifies
several areas of continued focus for the mandate, as well as two emerging issues that would
need to be carefully studied from a human rights perspective. The second part provides a
critical analysis of the current methods of work of the mandate holder, in order to assess to
what extent the structure of the mandate is appropriate to enable the Special Rapporteur to
carry out the functions described in resolution 9/1. The final part contains a set of concrete
recommendations to the Council and the new mandate holder on how to strengthen the
mandate of the Special Rapporteur.
3.
Since this is his final annual report to the Human Rights Council, the Special
Rapporteur would like to take this chance to express his gratitude for the opportunity to
serve as an independent expert. He would also like to express his sincere appreciation to the
Office of the United Nations High Commissioner for Human Rights (OHCHR) for the
assistance and support received.
II. Update on the activities of the Special Rapporteur
A.
Country missions
4.
During the reporting period, the Special Rapporteur carried out country visits to
Kyrgyzstan (A/HRC/15/22/Add.2) and India (A/HRC/15/22/Add.3). He wishes to express
his gratitude for the invitations extended to him. The purpose of the mission to Kyrgyzstan
(30 September–9 October 2009) was to examine steps undertaken by the country to
eliminate the serious transboundary threats that uranium tailings, obsolete or banned
pesticides and mercury waste pose to the health and the environment of countless
individuals and communities living in Central Asia. The aim of the official visit to India
(from 11 to 21 January 2010) was to gather first-hand information on the adverse effects
that hazardous activities, such as shipbreaking and the recycling of electrical and electronic
wastes (e-waste), have on the enjoyment of human rights of individuals working in these
sectors or living close to the places where these activities take place.
GE.10-14907
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