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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents