A/HRC/34/48
submitted by several non-governmental organizations to the FAO Panel of Experts on
Pesticide Management alleges that Bayer CropScience and Syngenta are involved in the
manufacturing, distribution and sale of highly hazardous pesticides in violation of the Code.
According to the report, in 2014, in Punjab, India, the companies failed to adequately
inform farmers about the dangers of their pesticides or the necessary safety measures.56
63.
Another non-binding policy framework is the Strategic Approach to International
Chemicals Management, adopted by the International Conference on Chemicals
Management, held in Dubai in 2006. The Dubai Declaration, which is part of the Strategic
Approach, explicitly states the commitment to respect human rights. The International
Conference also adopted a resolution in 2015 to encourage the use of alternatives to highly
hazardous pesticides without, however, any specificity or obligation to phase them out any
time in the future.57
64.
The Responsible Care Global Charter is also a voluntary initiative of the chemical
industry that major agrochemical companies, but not all, have signed. 58
65.
Conventions of the International Labour Organization on the protection of
agricultural workers also provide some safeguards against dangerous pesticides. For
example, article 12 of the Safety and Health in Agriculture Convention, 2001 (No. 184) is
dedicated to the sound management of chemicals, while article 13 imposes regulatory
obligations with regard to preventive and protective measures for the use of chemicals.
66.
All major pesticide companies are members of the United Nations Global Compact,
reporting yearly to the United Nations through the Global Reporting Initiative. While it is
somewhat encouraging that they are willing to join corporate social responsibility schemes,
such arrangements lack any enforcement or accountability measures and allow companies
substantial freedom in choosing what they wish to adhere to.
67.
Overall, while some of these initiatives have had some impact, the voluntary nature
of soft law instruments clearly limits their effectiveness.
68.
Meanwhile, the activities of certain non-governmental organizations have made a
significant impact on recent policies. Pesticide Action Network International, for example,
has developed a list of highly hazardous pesticides based on its own definition, which has
been useful in advocacy efforts. 59 A recent civil society initiative, the International
Monsanto Tribunal, held in The Hague in October 2016, dealt with human rights violations
stemming from widely used hazardous pesticides. Eminent judges heard testimonies from
victims and will deliver an opinion, following procedures similar to those at the
International Court of Justice. 60 While these efforts are helpful to publicize the problem and
help to develop laws in the future, they cannot provide remedy to victims.
56
57
58
59
60
Ad hoc monitoring report by the European Center for Constitutional and Human Rights, Pesticide
Action Network Asia and others, October 2015.
See www.saicm.org/images/saicm_documents/iccm/ICCM4/Re-issued_mtg_report/K1606013_e.pdf.
A list of company signatories to the 2014 Responsible Care Global Charter is available from
https://www.icca-chem.org/wp-content/uploads/2016/05/2014-Global-Charter-Company-SignatoryList_April-5-2016.pdf.
See http://www.panna.org/issues/publication/pan-international-list-highly-hazardous-pesticides.
See http://en.monsanto-tribunal.org/.
15
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