A/HRC/35/33
to assist in the investigation, which included a civil society organization to provide support
for the victims.44
41.
States have effectively investigated cases of trafficking in persons and prosecuted
perpetrators by adopting a strong legal framework for the prohibition of trafficking in
persons and cross-border cooperation, creating and working with specialized networks to
coordinate activities, by collaborating with civil society organizations and by utilizing
traditional cross-border cooperation mechanisms. As trafficking in persons is a crime
involving transnational human rights abuse and economic actors, the tools used to combat it
should be transferable to the business and human rights framework.
B.
Environmental crimes
42.
The investigation and prosecution of cross-border environmental crimes is another
area where States have established well-defined mechanisms for cooperation that may be
instructive in the area of business and human rights. Cooperation in cases involving the
unlawful movement and disposal of hazardous waste and wildlife and forestry crime shows
that when States have the will to prosecute economic actors, they are successful in doing so.
1.
Unlawful movement and disposal of hazardous substances and wastes
43.
Broadly speaking, the unlawful transport, trade and disposal of hazardous wastes
covers the illicit transfer of harmful substances, and the purposeful or accidental dumping
of these substances in the environment.
44.
The reckless disposal of harmful substances contaminates our air, water and land,
putting human health and food security at risk. Improper waste disposal has led to physical
injury and death, poisoning and increased rates of cancers, birth defects and neurological
disorders. Thus, a range of human rights are implicated when violations take place, most
clearly the rights to health and the enjoyment of a safe, clean, healthy and sustainable
environment.
45.
As with most environmental crimes, the unlawful transfer and disposal of wastes
often involves multiple States, typically with waste being sent from more developed
countries to less developed countries. Even if waste is disposed of in the State where it was
generated, it can still produce negative effects in bordering States if disposed of improperly.
Thus, to effectively investigate and prosecute violations, an international response is
needed.
46.
Several international conventions regulate waste management and call upon States
to cooperate with each other to prevent violations. For instance, the Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and their Disposal obliges
States to prevent and punish the illegal traffic of waste and requires a range of cooperative
measures, including the free sharing of information related to the transboundary movement
of wastes. The Stockholm Convention on Persistent Organic Pollutants and the Rotterdam
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade provide additional regulations for the production, use and
movement of numerous harmful substances. Furthermore, a range of instruments prohibit
pollution of the marine environment and, in some cases, contain provisions on how States
should cooperate to enforce that prohibition.45
47.
Various regional measures add more protections against the unlawful movement and
disposal of hazardous wastes. For instance, the Bamako Convention on the Ban of the
Import into Africa and the Control of Transboundary Movement and Management of
Hazardous Wastes within Africa supplements the Basel Convention and prohibits the
import of all hazardous wastes, for any reason, into Africa from non-contracting parties.
44
45
See “Thailand’s Progress Report on Anti-Human Trafficking Efforts” (2015), p. 6. Available from
www.mfa.go.th/main/contents/files/media-center-20150430-161606-980768.pdf.
For example, the United Nations Convention on the Law of the Sea (1982) and the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972).
11
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