A/HRC/5/5
page 12
violations come as an addition to those directly attributable to the armed conflict and worsen
them by irremediably prolonging their effects. The contamination of the environment by toxic
products and wastes can become the cause of further insecurity and a new additional source of
conflict.
23. Often during armed conflicts, advancing armies cause the flight of civilians who abandon
their towns, villages and farms. In its flight the local population may sometimes abandon
medicines and pesticides. These products, when they pass their expiry date, become poisons and
as they are abandoned, they are not properly stored and can pose a threat. This is especially the
case if they are used by returning civilians, thus having potentially adverse effects long after the
conflict.
24. Protracted non-international armed conflicts can also lead to a situation in which there is
no longer an effective central Government that can administer the legal order and ensure respect
for national and international law. The Government, if one still exists, is thus not able to regulate
the flow of toxic wastes and products towards its territory. The best documented case is that of
Somalia. According to a UNEP study, since the early 1980s and throughout the civil war, large
numbers of shipments of illegal nuclear and toxic waste have been dumped along the Somali
coastline, including uranium radioactive waste, lead, cadmium, mercury, and industrial, hospital,
chemical, leather treatment and other toxic wastes.31 These wastes were in most cases simply
dumped on the beach in containers and barrels without regard for the health of the local
population. The December 2004 tsunami stirred up much of the waste deposited on Somali
beaches and contaminated the surrounding areas. Health problems including acute respiratory
infections, dry heavy coughing and mouth bleeding, abdominal haemorrhages and unusual skin
chemical reactions, as well as sudden death after inhaling toxic materials were reported.32
Somalia was, according to the same UNEP report, an attractive destination for the dumping of
hazardous waste because the country lacked a central Government to safeguard its coastlines and
territory. This situation had drawn the attention of the Special Rapporteur in 2005. It is a clear
case of violation of human rights, such as the rights to life, to health, to food and to development.
It also illustrates dramatically how the armed conflict in the region has facilitated the illicit
traffic in and dumping of toxic wastes.
25. In some non-international armed conflicts, controls and limitations on the import and use
of toxic and dangerous wastes and products may be overlooked by an armed opposition group
controlling part of the national territory. Indeed, armed opposition groups, seeking to finance
their operations might be willing to accept the dumping of toxic wastes in exchange for weapons
or money to buy weapons. Furthermore, if the region under their control has important mineral
resources, they might be willing to authorize the use of toxic and dangerous products in the
extraction process, in order to reduce costs and maximize their profits from the exploitation of
these resources.
31
UNEP, After the Tsunami: Rapid Environmental Assessment (2006), pp. 133-134.
32
Ibid.
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