Report
References to occupational exposures
Challenges faced by workers
affected indigenous and tribal peoples in decision-making on the extraction of natural resources
and only provides for compensation for damage from harms caused by such extraction rather than
mitigation, which could be accomplished through a robust free, prior and informed consent
procedure. Likewise, the other conventions mentioned above contain critical qualifiers to
obligations based on “national conditions and practice” which can result in reduced standards in
some countries on the grounds that they lack the resources to meet obligations under one or more
conventions.
“Preliminary and scoping The report notes that, unlike most other areas of international environmental law, there is neither
report”
a framework Convention nor a comprehensive global regime on the regulation of toxic chemicals
and wastes. Fewer than 30 of thousands of toxic substances are regulated through their lifecycle
(A/HRC/24/39) (2013)
under international conventions.
The report notes that the impact of substances on human health and the environment can be
reduced by limiting or prohibiting the use of these substances in certain industrial processes,
where substitutes or alternative processes exist. These restrictions were first designed to protect
the health of workers. For example, the ILO adopted a Convention prohibiting the use of certain
pigments of lead in industrial paint to prevent the exposure of workers to the risk of lead
poisoning. In 1971, another Convention was adopted by the ILO to restrict the use of benzene or
products of benzene in certain industrial activities, while demanding the replacement of these
carcinogens produced by less harmful substitutes.
“Mission to Hungary”
(A/HRC/24/39/Add.1)
(2013)
In Hungary, when a reservoir containing red sludge collapsed, the most serious immediate effects
were caused by the high alkalinity (pH 13+) of the sludge. The people of Devecser and Kolontár
experienced serious first- and second-degree chemical burns to the skin; respiratory problems
were also documented. In addition, the health of some 4,000 volunteers and rescue workers were
similarly affected. The former Special Rapporteur attached great importance to the issue of
occupational health during rescue operations, and reiterated the recommendation of WHO that
personal protective equipment should be selected on the basis of the hazards identified, the
protective qualities of the equipment and its suitability for the tasks performed. The former
Special Rapporteur was concerned by information he received indicating that there are no special
protocols for the rescue of children, the elderly, persons with disabilities or other persons in need
of protection in the training programme developed for disaster management forces in Hungary.
Inadequate
standards of
protection
•
Disconnected
efforts on
occupational and
environmental
health
•
Limited
implementation of
ILO instruments
•
Inadequate
standards of
protection
•
Monitoring and
enforcement gaps
•
Exploitation of
those most at risk
•
Disconnected
efforts on
occupational and
environmental
health
•
Failures to realize
the right to
information
•
Limited
implementation of
A/HRC/39/48
39
The former Special Rapporteur recommended that the Government of Hungary: (a) Consider
accession to the Protocol on Liability and Compensation for Damage resulting from
Transboundary Movements of Hazardous Wastes and their Disposal and to contribute to its entry
into force; (b) Consider ratifying the ILO Chemicals Convention, 1990 (No. 170) and the
Prevention of Major Industrial Convention, 1993 (No. 174) to strengthen the framework for
occupational safety. The former Special Rapporteur also recommended among other measures
that the Government of Hungary in the mining law place emphasis on provisions that provide for
meaningful engagement with affected communities and for the safety of workers, especially those
dealing with harmful substances; and ensure that impact assessments use reliable baseline studies
•
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