A/HRC/15/22
• The Aarhus Convention, which recognizes the right to have access to environmental
information held by public authorities, to participate in decision-making processes
and to have access to justice in environmental matters8
• The Strategic Approach to International Chemicals Management (SAICM), which
provides a policy framework to guide global efforts to achieve the Johannesburg
Plan of Implementation goal that, by 2020, chemicals will be produced and used in
ways that minimize significant adverse impacts on the environment and human
health9
9.
While it is now widely accepted that hazardous products (e.g. chemicals and
pesticides) and wastes may pose serious threats to human health and the environment, their
potentially adverse impact on the enjoyment of human rights has not yet been fully
recognized. This is partly due to the fact that despite the obvious relationship between the
goals of environmental protection and the promotion of human rights, human rights law and
international environmental law have until recently developed in isolation from one
another. Environmental degradation and human rights abuses have been treated as unrelated
issues, even in cases where the links between environmental degradation and violation of
specific human rights were evident, and distinct mechanisms and procedures have been put
in place to address these phenomena.
10.
The mandate of the Special Rapporteur was established to draw the attention of the
international community to the adverse effects that the illicit movement and dumping of
toxic and dangerous products and wastes have not only on the environment, but also on the
human rights of individuals and communities that are exposed to them.10
11.
In his preliminary report to the Commission on Human Rights (E/CN.4/2005/45),
the Special Rapporteur noted that although several environmental treaties, mechanisms and
procedures on chemicals and waste management aim to protect human health, the scope of
their respective mandates — focusing largely on the technical and procedural aspects of the
management, movement and disposal of hazardous products and wastes — does not extend
to considerations of the adverse effects of illicit movement and disposal on the full range of
existing human rights.
12.
Thus, the Special Rapporteur considers that the added value of his mandate arises
from its human rights focus. Its aim is to raise awareness of the threats that the movement
and dumping of hazardous products and wastes pose to the enjoyment of internationally
protected human rights, with a view to eliminating, or reducing to a minimum, such threats
and to ensuring effective redress for victims of human rights violations related to the
unsound management or disposal of toxic and dangerous products and wastes. By focusing
on the human rights of the victims, the mandate complements, rather than duplicates, the
protection afforded by the international legal framework adopted in the field of
international environmental law.
8
9
10
6
The Convention on Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters (the Aarhus Convention) is the first legally binding instrument
linking environmental rights and human rights. It entered into force in 2001, and has 44 parties as of
30 June 2010.
The Strategic Approach was adopted by the International Conference on Chemicals Management in
Dubai (United Arab Emirates) on 6 February 2006, on the basis of a consultative process that
involved representatives of Governments, intergovernmental organizations, NGOs and the private
sector.
See Commission on Human Rights resolution 1995/81.
GE.10-14907
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