Summary

The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, visited South Africa from 31 July to 11 August 2023. During his visit, the Special Rapporteur focused on key issues, such as air pollution, just transition, mining, the control and sound management of hazardous substances, including mercury, asbestos and polychlorinated biphenyls, pesticides and waste management.

The Special Rapporteur highlights the advanced stance of the South African Constitution on human rights, including its recognition of the right to a healthy environment 25 years before the General Assembly recognized that right in 2022. However, he notes that the crude legacy of pre-1994 environmental racism persists, exacerbated by outdated laws and inadequate enforcement. The negative impacts of toxic pollution from mining, coal-fired power plants, greenhouse gas-intensive projects, landfills, pesticides and other hazardous substances disproportionately affect marginalized and low-income communities along racial lines.