References to occupational exposures The report notes several International Labour Organization (ILO) conventions concern the occupational hazards facing workers in extractive industries. 3 Despite the robust and varied protection offered by the ILO conventions, the former Special Rapporteur stressed what he considered their three primary shortcomings. First of all, the lack of widespread ratification (ranging from 6 to 57 countries) of these conventions means that global commitment to the full extent of the standards articulated is difficult. Challenges faced by workers • Limited implementation of ILO instruments Secondly, implementation remains a substantial problem in States that have ratified some or all of these conventions. Indeed, several States parties to Convention No. 169 fail to adequately consult indigenous peoples prior to development and promotion of an extractive undertaking, despite the requirement under the Convention to establish or maintain procedures for consultation with affected indigenous communities, “with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands” (art. 15, para. 2). With regard to asbestos extraction, Convention No. 162 has been somewhat successful in reducing asbestos extraction and consumption around the world from an estimated 4.73 metric tons in 1980 to about 2.11 metric tons in 2003. However, despite the adoption of the resolution concerning asbestos in 2006, which endorsed the “elimination of future use of asbestos,” extraction and use of asbestos remains alarmingly high (in some cases, production has increased), including in countries that have ratified the Convention. Thirdly, the obligations contained in the conventions are often inadequate to address the problems related to hazardous wastes. For example, Convention No. 169 only requires consultation with 3 Convention No. 148 concerning the Protection of Workers against Occupational Hazards in the Working Environment Due to Air Pollution, Noise and Vibration states that, “as far as possible, the working environment shall be kept free from any hazards due to air pollution, noise or vibration.”33 • Convention No. 155 concerning Occupational Safety and Health and the Working Environment requires parties to establish a coherent national policy on occupational safety and health in order to improve working conditions. • Convention No. 162 concerning Safety in the Use of Asbestos obligates States parties to prescribe measures to protect workers from exposure to asbestos, including partial or total bans on future asbestos use, and thus its extraction; proper asbestos waste disposal; inspection and monitoring procedures of working conditions; and providing information on the hazards of asbestos to workers. • Convention No. 170 concerning Safety in the Use of Chemicals at Work compels States parties to protect workers from exposure to hazardous chemicals. Employers in States parties to the Convention are obligated to classify and identify hazardous chemicals so as to ensure that workers are not exposed to hazardous chemicals in excess of exposure limits, and to minimize risk. • Convention No. 174 concerning the Prevention of Major Industrial Accidents obligates States parties to “formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents” (art. 4) and “establish a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities” (art. 17). • Convention No. 176 concerning Safety and Health in Mines establishes standards for all mining operations, excluding oil and gas extraction. Parties to the convention must consult with representatives of employers and workers to formulate a policy on safety and health in mines consistent with the minimum standards set out in the Convention. 34 • Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries recognizes the need for special safeguards of the rights of indigenous peoples to the natural resources, including mineral or sub-surface resources, pertaining to their lands, including the right to participate in the use, management and conservation of these resources and in the benefits of their extraction. 62. A/HRC/39/48 38 Report