RES/18/11 Mandate of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

GE.11-16661

Human Rights Council Eighteenth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council*

18/11 Mandate of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human

Rights, the International Covenant on Economic, Social and Cultural Rights, the

International Covenant on Civil and Political Rights and the Vienna Declaration and

Programme of Action,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the code of conduct for special procedures mandate holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his/her

duties in accordance with those resolutions and the annexes thereto,

Recalling also Human Rights Council resolution 9/1 of 24 September 2008 and all

resolutions of the Commission on Human Rights on the adverse effects of the movement

and dumping of toxic and dangerous products and wastes on the enjoyment of human

rights, in particular resolutions 1995/81 of 8 March 1995, 2004/17 of 16 April 2004 and

2005/15 of 14 April 2005,

Affirming that the transboundary and national movements and the dumping of

hazardous substances and waste may constitute a serious threat to the full enjoyment of

human rights,

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its eighteenth session (A/HRC/18/2), chap. I.

Affirming also that the way hazardous substances and wastes are managed

throughout their lifecycle, including manufacturing, distribution, use and final disposal,

may have an adverse impact on the full enjoyment of human rights,

Reiterating that all human rights are universal, indivisible, interdependent and

interrelated,

Reaffirming that the international community must treat all human rights in a fair

and equal manner, on the same footing and with the same emphasis,

Recognizing the importance of not duplicating the work that the United Nations is

advancing under multilateral environmental agreements, such as the Basel Convention on

the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 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, to globally ensure the environmentally sound management and disposal

of hazardous substances and wastes,

1. Takes note of the work undertaken by the Special Rapporteur on the adverse

effects of the movement and dumping of toxic and dangerous products and wastes on the

enjoyment of human rights in carrying out his mandate;

2. Decides to extend the mandate, with the new title of Special Rapporteur on

the implications for human rights of the environmentally sound management and disposal

of hazardous substances and wastes, for a further period of three years;

3. Requests the Special Rapporteur to continue to include in his report to the

Human Rights Council comprehensive information on the adverse effects that the improper

management and disposal of hazardous substances and wastes may have on the enjoyment

of human rights, which may include information on:

(a) Human rights issues relating to transnational corporations and other business

enterprises regarding environmentally sound management and disposal of hazardous

substances and wastes;

(b) The question of rehabilitation of and assistance to victims of human rights

violations relating to the management and disposal of hazardous substances and wastes;

(c) The scope of national legislation in relation to the implications for human

rights of the management and disposal of hazardous substances and wastes;

(d) The human rights implications of waste-recycling programmes, the transfer

of industries, industrial activities and technologies from one country to another and their

new trends, including e-wastes and the dismantling of ships;

(e) The question of the ambiguities in international instruments that allow the

movement and dumping of hazardous substances and wastes, and any gaps in the

effectiveness of international regulatory mechanisms;

4. Encourages the Special Rapporteur to carry out his mandate in close

cooperation with the United Nations Environment Programme, relevant United Nations

agencies, such as the World Health Organization and the International Labour

Organization, and the secretariats of relevant international environmental conventions, with

a view to mainstreaming human rights into their work and avoiding duplication;

5. Requests the Special Rapporteur to develop, in consultation with relevant

stakeholders and with the support of the Office of the United Nations High

Commissioner for Human Rights, a set of best practices with regard to the implications for

human rights of the environmentally sound management and disposal of hazardous

substances and wastes, to be annexed to his final report to the Human Rights Council;

6. Calls upon countries to facilitate the work of the Special Rapporteur by

providing information and inviting him to undertake country visits;

7. Encourages the Special Rapporteur, in accordance with his mandate and with

the support and assistance of the Office of the High Commissioner, to continue to provide

Governments with an appropriate opportunity to respond to allegations transmitted to him

and reflected in his report, and to have their observations reflected in his report to the

Human Rights Council;

8. Requests the Secretary-General and the High Commissioner to provide the

Special Rapporteur with all the necessary assistance for the effective fulfilment of his

mandate;

9. Decides to continue consideration of this matter under the same agenda item,

in accordance with its programme of work.

36th meeting

29 September 2011

[Adopted without a vote.]