Human Rights Council Hears that There Is Still a Long Way Ahead in the Fight Against Enforced Disappearances and that Certain Climate Mitigation Technologies Are Emerging that Could Exacerbate Toxic Pollution

MORNING 19 September 2023

The Human Rights Council this morning held an interactive dialogue with the Working Group on Enforced or Involuntary Disappearances and started an interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

Aua Baldé, Chair of the Working Group on Enforced or Involuntary Disappearances, said no exceptional circumstances whatsoever may be invoked as a justification for enforced disappearance. The annual report highlighted the transmission of 1,103 new cases of enforced disappearance to 28 States, including 791 transmitted under the urgent action procedure. The majority of the cases transmitted concerned reports of enforced disappearances of civilians and prisoners of war by the Russian Armed Forces in the context of the armed conflict in Ukraine.

Although high, these figures only represented a tiny fraction of the worldwide scope of enforced disappearances. Over the last year, the Working Group had recorded in horror the killing of relatives searching for their disappeared loved ones.

Ms. Baldé said there was still a long way ahead in the fight against enforced disappearances. There had been progress, but what had been achieved so far was still far from sufficient and would always be insufficient until the world succeeded in erasing this scourge altogether. In this daily struggle, the cooperation of States was key to prevent, combat and eradicate enforced disappearances. She spoke of the Working Group’s thematic report on new technologies and enforced disappearances, as well as the country visits to Uruguay and Honduras.

Uruguay and Honduras spoke as countries concerned.

In the discussion, some speakers commended the Working Group for its work in helping determine the fate of those who had been disappeared. Enforced disappearances continued to be a terrifying reality in many parts of the world. Some speakers said the technology applied from a positive and human rights respecting perspective in investigations of enforced disappearances could facilitate the search for disappeared persons, as well as the identification of alleged perpetrators. The report showed that as an international community, there was still a long way to go when it came to combatting this scourge. States were called upon to provide effective access to justice for victims of enforced disappearance. Some speakers said they opposed the use of the Special Procedures mechanisms for political ends. The Working Group was encouraged to substantiate its allegations with credible sources and refrain from spreading misinformation.

The Council then started an interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

Marcos Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said the toxic impact of some proposed climate change solutions threatened to aggravate the toxic tide facing humanity. States and businesses were rallying to build new technologies and innovations. However, certain climate mitigation technologies were emerging that could exacerbate toxic pollution. Materials such as lithium, cobalt, nickel, zinc, and rare earth elements, among others, had many applications in advanced technologies, making them essential components of many decarbonisation technologies. However, their rapid mining to decarbonise the energy matrix could cause water shortages and produce toxic mining wastes.

Mr. Orellana said human rights principles should guide the integration of decarbonisation and detoxification pathways. Fossil fuel and chemical industries, as well mining, nuclear, plastic and waste industries, among others, were at times advancing false or misleading climate solutions. To reach the global climate mitigation goals and protect communities adversely affected by toxics, decarbonisation and detoxification strategies should be integrated. Mr. Orellana then spoke of his visits to Paraguay, Ghana and the International Maritime Organization.

Paraguay and Ghana spoke as countries concerned.

In the discussion, speakers said they were committed to the recommendations in the report on climate change, hoping that there would be more robust initiatives helping to deal with this issue. The devastating effects of the triple planetary crises could not be denied. The international community must take urgent action, inter alia, to decarbonise and detoxify both economies and planet. Actions must be sustainable, respectful of human rights, and based on best available scientific data. The report highlighted the importance of the fight against climate change, one of the most serious challenges the world was facing. The international community must not ignore the negative effects of activities moving the world further away from its goal, causing climate degradation and environmental contamination, which violated the human rights of many.

Speaking in the discussion on enforced disappearances were Lithuania on behalf of the Nordic-Baltic countries, European Union, Liechtenstein on behalf of a group of countries, Chile on behalf of a group of countries, Poland on behalf of a group of countries, Luxembourg, Costa Rica, Egypt, Kuwait, Cyprus, Israel, Paraguay, Croatia, France, Chile, Iraq, Belgium, United States, China, Malawi, Armenia, Indonesia, Romania, South Africa, Argentina, Bangladesh, Angola, Maldives, Peru, Burkina Faso, Pakistan, Tunisia, Morocco, Yemen, Cuba, Togo, Venezuela, Ethiopia, Democratic People's Republic of Korea, Afghanistan, Kenya, Zambia, Greece, India, Azerbaijan, Thailand, Botswana, Sri Lanka, Iran, Gambia and Colombia.

Also speaking were Right Livelihood Award Foundation, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos- Asociación Civil, Lawyers' Rights Watch Canada, Helsinki Foundation for Human Rights, Syrian Center for Media and Freedom of Expression, Women's Human Rights International Association, World Federation of Ukrainian Women's Organizations, Association Ma'onah for Human Rights and Immigration, Organization for Poverty Alleviation and Development, and Colombian Commission of Jurists.

Speaking in the discussion on hazardous waste were Honduras, European Union, Costa Rica on behalf of a group of countries, Côte d'Ivoire on behalf of the African Group, Trinidad and Tobago on behalf of a group of countries, Samoa, Ecuador, United Arab Emirates, United Nations Children's Fund, Luxembourg, Israel, France, Egypt and Chile.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.

The Council will reconvene at 3 p.m. this afternoon, to continue the interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, followed by an interactive dialogue with the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.

Interactive Dialogue with the Working Group on Enforced or Involuntary Disappearances

Reports

The Council has before it the report of the Working Group on Enforced or Involuntary Disappearances on activities of and communications and cases examined by the Working Group from 13 May 2022 to 12 May 2023 (A/HRC/54/22), and three addenda to the report, on the Working Group’s visit to Uruguay (A/HRC/54/22/Add.1), its visit to HondurasA/HRC/54/22/Add.2), and on new technologies and enforced disappearancesA/HRC/54/22/add.5).

Presentation of Reports

AUA BALDÉ, Chair of the Working Group on Enforced or Involuntary Disappearances, said this year, for the first time in its history, the Working Group was composed exclusively of women, which represented a significant moment.

The Working Group was the oldest thematic Special Procedure mandate, established back in 1980. As provided for both in the 2006 Convention and the 1992 Declaration, no exceptional circumstances whatsoever may be invoked as a justification for enforced disappearance. The annual report highlighted the transmission of 1,103 new cases of enforced disappearance to 28 States, including 791 transmitted under the urgent action procedure. The majority of the cases transmitted concerned reports of enforced disappearances of civilians and prisoners of war by the Russian Armed Forces in the context of the armed conflict in Ukraine.

Although high, these figures only represented a tiny fraction of the worldwide scope of enforced disappearances. Over the last year, the Working Group had recorded in horror the killing of relatives searching for their disappeared loved ones. If relatives of disappeared persons were threatened or even killed for their activity, it needed to be acknowledged that they had been failed.

The practice of enforced disappearance had been changing over the years. As such, new modalities required new responses and new approaches from the Working Group and the international community at large. For this reason, the Working Group had decided two years ago to conduct a thematic study on new technologies and enforced disappearances, which analysed how new technologies were used against human rights defenders and civil society organizations, including relatives of disappeared persons and their representatives, and what kind of protection strategies existed or could be put in place. Also, how these new technologies could facilitate the search for disappeared persons, or could be used to obtain evidence of acts of enforced disappearance and secure accountability. The report made several recommendations to States, corporations, civil society organizations and other human rights mechanisms and the Office of the United Nations High Commissioner for Human Rights.

During the period covered in the present annual report, the Working Group carried out two country visits, to Uruguay in July 2022 and Honduras in March 2023. The Working Group thanked the Governments of Uruguay and Honduras for their invitation, and for their openness and cooperation.

In relation to Uruguay, the Working Group noted that, following the restoration of democracy in 1985, the country had made significant progress in protecting human rights, having ratified to date all the international human rights treaties of the United Nations. The progress achieved was undoubtedly due to the tenacious efforts made over five decades by relatives of disappeared persons, along with the Government. At the same time, the search and justice processes relating to enforced disappearances had encountered serious institutional obstacles that had resulted in long delays. The Working Group was concerned to note that, in recent years, many people had died without ever learning the truth about the fate of their loved ones or obtaining justice.

Turning to Honduras, the Working Group recognised the commitment made by the authorities and their statements acknowledging the existing gaps and challenges in the area of human rights. However, it was noted that victims were losing trust in the institutions given the longstanding, systemic lack of accountability for human rights violations. Where enforced disappearance was concerned, this impunity was almost total. The Working Group noted that this lack of progress resulted from a combination of the inadequate legislative framework and the weakness of institutions, among others. Honduras needed to assume its responsibilities and leadership role and redouble its efforts to guarantee the rights of victims of enforced disappearance in the areas of truth, justice, reparation and memory.

The Working Group was increasingly facing difficulties in organising and carrying out country visits, which were an integral part of its mandate. Often countries agreed to a country visit of the Working Group and did not live up to their commitment or did not answer requests altogether, which was detrimental to all those involved. The Working Group would continue the practice of holding yearly a session outside Geneva, and thanked the Government of Chile for having hosted the Group in February 2023. The Working Group reiterated its availability and readiness to provide assistance and training with regard to legislation on enforced disappearances, as well as in relation to search, investigation and reparation programmes for victims.

Any efforts undertaken to fight enforced disappearances needed to be designed around the specific needs of the victims. There was still a long way ahead in the fight against enforced disappearances. There had been progress, but what had been achieved so far was still far from sufficient and would always be insufficient until the world succeeded in erasing this scourge altogether. In this daily struggle, the cooperation of States was key to prevent, combat and eradicate enforced disappearances. On the occasion of the International Day of Victims of Enforced Disappearances, celebrated on 30 August, the Working Group had called on all States to provide effective access to justice for victims of enforced disappearance. The Group had also called on States to ratify or accede to the International Convention and to recognise the competence of the Committee on Enforced Disappearances.

Statements by Countries Concerned

Uruguay, speaking as a country concerned, said the visit of the Working Group took place as part of the standing invitation that Uruguay had for all Special Procedure mandate holders. Uruguay was firmly committed to truth, justice, reparation and guarantees of non-repetition, and valued the acknowledgement in the report of the tireless efforts of the State to investigate human rights violations, including the enforced disappearances that took place. This took place in various ways, including reform of the Criminal Code, the establishment of a Special Prosecutor to investigate crimes against humanity, and work on reparations. This was all part of the progress of the country, despite budgetary constraints.

 

There was a social consensus on the need to recognise the human rights violations that took place in the recent past, as well as the need to ensure “never again”. The Government recognised the need to support victims, and the role of the national human rights institution as an autonomous, independent organization that was able to conduct searches and investigations, in line with the Paris Principles. Uruguay was seeing proactive efforts in prosecuting crimes against humanity and those who had escaped Uruguayan justice. Uruguay was committed to prevention and to searching for missing persons. It was necessary to continue to work tirelessly in the processes of the search for justice and Uruguay was studying the report to this end and would continue to collaborate with the Working Group.

Honduras, speaking as a country concerned, said the Working Group had been invited by the Government with a view to assessing progress on truth, reparation, memory and enforced disappearances. The country was emerging from a dark period and had overcome this due to political will and commitment to strengthening democracy. The Government defined the recovery of dignity as a priority. Victims of crimes from the recent past, including the coupd’état, meant collaboration with the Working Group was of the utmost importance. The report provided Honduras with the opportunity to make progress regarding the rights of its people.

 

The fundamental role of investigation in Honduras had been lacking; it was important to underscore the election of the Attorney General which the international community would be watching. The country recognised the fundamental role made by victims and their organizations and stood in solidarity with families and victims in drafting legislation. The National Congress had presented the draft bill for searching for and protecting disappeared persons, and protecting their families during investigation. There was also support from the Commission of Disappeared Women from the State of Mexico which was used to try and find disappeared women. The first museum of memory had been inaugurated in the country. Honduras was pleased to see the recommendations put forward and would work with various actors to safeguard fundamental rights.

National Human Rights Institution of Honduras was given the floor but interpretation was not possible due to the poor sound quality.

 

Discussion

In the discussion, many speakers thanked the Working Group for the reports on this important mandate. The Working Group was commended for its work in helping determine the fate of those who had been disappeared. Since its creation, the Working Group had identified approximately 61,000 cases of enforced disappearances. Speakers valued the work of the Working Group in helping victims and their families. The resolution of 80 cases in 2022 by the Working Group was commended. Speakers appreciated the work carried out by the Working Group on the impact of new technology to facilitate or conceal enforced disappearances, and welcomed the recommendations. It was hoped this could help to determine the fate and whereabouts of hundreds of missing persons. Some speakers called for the responsible use of new technologies in line with international human rights standards.

Enforced disappearances continued to be a terrifying reality in many parts of the world, a number of speakers noted. The report showed that as an international community, there was still a long way to go when it came to combatting this scourge. Speakers expressed extreme concern regarding the 1,103 new cases which had been recorded during the reporting period, as well as the widespread impunity of the perpetrators. It was alarming that enforced disappearances persisted in some countries due to political insecurity. Victims and their families faced obstacles to justice and reparation, and this needed to be addressed. Speakers supported the absolute nature of the prohibition of enforced disappearances, as stressed by the Working Group. No circumstances whatsoever could be invoked to justify this crime.

It was regrettable that nearly 80 per cent of enforced disappearance cases around the world remained unsolved. Some speakers addressed concerns about specific countries where acts of enforced disappearances were taking place. Speakers also spoke about national commitments undertaken to address cases of enforced disappearances, including ratifying the Convention on Enforced Disappearances, among others.

Many speakers reiterated solidarity with the relatives of the missing, which was a humanitarian issue that transcended politics. It was unacceptable that the families of disappeared persons faced attacks and reprisals. It was vital to protect those working against enforced disappearances and to punish those who committed atrocities against them. Some speakers shared the concern of the Working Group regarding enforced disappearances and media workers which was an attack on freedom of expression.

Some speakers said they supported the call of the Working Group to ratify the Convention on Enforced Disappearances and implement it effectively. States were urged to cooperate with the Working Group to combat impunity. States, civil society organizations and businesses needed to strengthen their cooperation with the mechanism to ensure the right to truth and justice for thousands of families. It was of the utmost importance that the Working Group was able to conduct country visits and it was regrettable that not all countries had responded. Members of the Council were called on to respond to these requests for visits.

The Special Rapporteur was asked how the Working Group was engaging on cases where access to victims was nearly impossible? Were there specific measures that could be taken to prevent intimidation and acts of reprisals against family members? What could be done to contribute to the study of more cases of enforced disappearances? What tools should States take to ensure that new technologies were developed and used ethically for determining the whereabouts of victims?

Intermediary Remarks

AUA BALDÉ, Chair of the Working Group on Enforced or Involuntary Disappearances, thanked the Governments of Honduras and Uruguay for their continued cooperation. The Working Group was very pleased to see that they were already taking into account some of the recommendations made during the country visits. The Working Group remained very ready to assist in the implementation of the recommendations of every report. Honduras was also thanked for sending replies to some issues. The Working Group thanked all the speakers for their calls for investigation of enforced disappearances and the work to ensure non-repetition. On the unclarified cases, it was only possible to clarify them with the full cooperation of States. The Working Group remained ready to assist States to find the fate and whereabouts of the victims of enforced disappearances. It was vital for States to reach out, and then they could be provided with assistance.

On the current thematic report which would be published next week, there would be specific answers provided to some of the questions raised - others were already answered in the report. States could consider measures to illustrate the human risk posed by the use of new technologies in enforced disappearances, including for human rights defenders and the relatives of the disappeared. The report highlighted several good practices on the use of new technologies for the search for the disappeared. States must cooperate with each other and with other stakeholders. The Working Group had made several recommendations to States, civil society organizations and also corporations to investigate the issue. Enforced disappearances remained a world-wide phenomenon: victims’ access to justice remained of huge importance. The Working Group’s report on transnational enforced disappearances should be of further interest to States who had issues around the situation of migrants. All States should ratify the International Convention on the Protection of All People from Enforced Disappearances and support the Working Group.

Discussion

In the continuing discussion, many speakers reiterated their support to the Working Group on Enforced Disappearances and its mandate. The relevance of the thematic study on the deviant use of new technologies, with a view to facilitating or concealing the commission of cases of enforced disappearance, was welcomed. This study would allow States to better understand the challenges of new technologies, including social media and artificial intelligence, in relation to enforced disappearances.

New technologies, encompassing artificial intelligence, satellite imagery, and digital networks, had been used both to facilitate and to obstruct efforts surrounding enforced disappearances. They had been employed to conceal these acts, impede the work of human rights defenders, and infringe upon the rights of the families of the disappeared; however, these same technologies offered invaluable opportunities for searching for disappeared persons, documenting crimes, and promoting accountability.

Some speakers said the technology applied from a positive and human rights-respecting perspective in investigations of enforced disappearances could facilitate the search for disappeared persons, as well as the identification of alleged perpetrators. Technologies were useful, but should not replace, but rather complement existing methods and strategies to address enforced disappearance. A rights-based and human-centred approach was key to mitigate risks and unintended consequences from the use of technologies.

The scale and magnitude of enforced disappearances and grave violations of human rights had unfortunately escalated in recent years. Some speakers outlined national steps taken to address enforced disappearances in their own countries.

Some speakers opposed the use of the Special Procedure mechanisms for political ends. One speaker rejected the baseless information presented about some countries in the report. The report contained false information, which misled the international community’s perception of some countries, the speaker said. This seriously affected the principles of non-selectivity, non-politicisation and objectivity as enshrined in the United Nations Charter. The Working Group was encouraged to substantiate its allegation with credible sources and refrain from spreading misinformation. Some speakers encouraged the Group to continue its work on the basis of constructive dialogue and cooperation with States, based on the principles of objectivity, impartiality, non-selectivity, and respect for sovereignty and non-interference in their internal affairs.

Concluding Remarks

AUA BALDÉ, Chair of the Working Group on Enforced or Involuntary Disappearances, said the Working Group took note of all those States that were considering ratifying the Convention and its Optional Protocol. The Working Group hoped that Angola would agree to a visit. The Working Group regularly cooperated with other mandate holders, such as on migration and new technologies - this was a common practice. The Working Group remained committed to document the practices that were tantamount to enforced disappearances. It was willing to support Cuba and looked forward to maintaining the dialogue. Ethiopia should ratify the Convention. On Kenya, the Working Group hoped that there would be action and that a visit would finally take place. A new addendum would soon be published to the thematic report that would provide some answers.

All Member States with questions were assured that in transmitting the individual cases received, the Working Group did so in good faith, in accordance with its mandate and humanitarian needs. She was concerned that some States were concerned that the Working Group was failing to remain impartial and was being politicised, which was not the case. The fight against impunity was absolutely essential in fighting enforced disappearances. The Working Group welcomed the new possibilities that were opening in the context of universal jurisdiction. The interest in the thematic report on new technologies was welcomed, and the Working Group looked forward to engaging with Member States on this topic, standing ready to provide technical support on this matter. On civil society organizations, the Working Group acknowledged their work - the work they did was absolutely crucial for the Group in implementing its mandate, and it thanked them for their support to victims of human rights violations. The Group remained ready to discuss issues with them, including intersessionally.

Interactive Dialogue with the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes

Reports

The Council has before it the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes on the toxic impacts of some proposed climate change solutions (A/HRC54/25), and three addenda, on his visit to Ghana (A/HRC/25/Add.1), his visit to the International Maritime Organization (A/HRC/54/25/Add.2), and his visit to Paraguay (A/HRC/54/25/Add.3).

Presentation of Reports

MARCOS ORELLANA, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said the toxic impact of some proposed climate change solutions threatened to aggravate the toxic tide facing humanity. This posed the challenge of integrating decarbonisation and detoxification strategies. Pursuing the necessary decarbonisation, States and businesses were rallying to build new technologies and innovations. However, certain climate mitigation technologies were emerging that could exacerbate toxic pollution. Materials such as lithium, cobalt, nickel, zinc, and rare earth elements, among others, had many applications in advanced technologies, making them essential components of many decarbonisation technologies. However, their rapid mining to decarbonise the energy matrix could cause water shortages and produce toxic mining wastes.

Similarly, carbon capture and storage technologies were in increasing demand because they could enable the mitigation of carbon dioxide emissions from large point sources. These technologies relied on large amounts of chemicals and could release significant quantities of highly toxic ammonia into surrounding communities, and had risks relating to the leakage of carbon dioxide. Certain decarbonisation strategies were being undertaken without an adequate life-cycle assessment and often failed to account for the adverse impacts of hazardous substances.

Human rights principles should guide the integration of decarbonisation and detoxification pathways. One such key principle was the right to science, which was undermined by disinformation campaigns. Fossil fuel and chemical industries, as well mining and nuclear, plastic and waste industries, among others, were at times advancing false or misleading climate solutions. Human rights needed to guide the integration of decarbonisation and detoxification strategies, to protect groups in vulnerable situations. Indigenous peoples had endured disproportionate risk and harm from mining in their lands and territories. Today, the growing demand for transition minerals needed for decarbonisation threatened to inflict another surge of violations of the rights of indigenous peoples. Climate action was urgent; however, it would not be legitimate or sustainable if it exacerbated toxic pollution and the concomitant human rights infringements. To reach the global climate mitigation goals and protect communities adversely affected by toxics, decarbonisation and detoxification strategies should be integrated.

On his visits to Paraguay, Ghana and the International Maritime Organization, Mr. Orellana said Paraguay was taking important steps towards hazardous waste management, such as through the recent adoption of the National Hazardous Waste Management Plan. Paraguay had also ratified all international agreements on chemicals and wastes and adopted an Action Plan on Mercury in Small-Scale Gold Mining. However, Mr. Orellana was concerned about the poor implementation of the Action Plan, as well as the lack of a mercury phase-out deadline. In Paraguay, vulnerable groups, particularly indigenous peoples and peasant communities, were cornered by crops and monocultures dependent on agrochemicals. There was concern that the State had not fully complied with the views of the Human Rights Committee in the cases of Colonia Yerutí and Campo Agua'ẽ. His Office would continue to be available to the Government for any technical assistance.

Mr. Orellana commended Ghana for its leading role in important initiatives related to toxics and waste at the national and international levels. Ghana had proposed landmark amendments to the Basel Convention on the transboundary movement of hazardous wastes, to close the gaps that enabled sham plastics recycling, and had adopted the 2021-2030 Strategic Plan for the Sound Management of Chemicals and Waste. Despite these achievements, regulatory and enforcement gaps existed. Ghana was on the receiving end of a global economy that sought to externalise the costs of waste generation to developing countries. Small-scale and large-scale mining in Ghana were a major source of toxic pollution. The Government was encouraged to continue adopting good practices and to work with civil society to tackle challenges.

Human rights had always been relevant to the work of the International Maritime Organization, considering the impacts of the shipping industry on the environment. However, the Organization was largely unknown to the human rights community. Mr. Orellana commended the Organization for its quick and determined response during the pandemic, where hundreds of thousands of seafarers were stranded at sea. The International Maritime Organization was a public regulator and had made impressive achievements as a standard-setting authority. Various International Maritime Organization treaties explicitly protected human rights, including by improving safety and security at sea and the protection of the environment. Yet, without adequate global enforcement, the de facto impact of the conventions was reduced. Mr. Orellana looked forward to continued engagement with the Organization in respect of toxics and human rights.

Statements by Countries Concerned

Ghana, speaking as a country concerned, said Ghana played a leadership role in the global governance of multilateral agreements on chemicals and waste cluster and had embarked on several initiatives to strengthen its response to the challenges posed by chemicals and wastes. In addition, Ghana had been registered as making significant progress in the realisation of the 2030 Agenda for Sustainable Development follow-up and review mechanisms. Commenting on the observations of the Rapporteur on weak implementation and gaps in the legislation for the sound management of chemicals and waste, including lack of a comprehensive national policy, Ghana said its 10 year (2021-2030) Strategic Plan for the Sound Management of Chemicals and Waste in Ghana should have been taken into account in the report.

 

Ghana had initiated a number of strategies to address this challenge alluded to by the Special Rapporteur and these included: drafting Air Quality Regulations to address air pollution and other related issues; and the launch of the National Action Plan on Artisanal Small-Scale Gold Mining in December 2022, which provided a roadmap to phase out mercury. An Act on e-waste was passed in 2016. The Government had taken steps to clear the Agbogbloshie, one of the biggest e-waste dumpsites in Africa, of e-waste initiatives, and was in the process of fencing the enclave. Ghana thanked the Special Rapporteur and assured him that his recommendations were being carefully studied for appropriate implementation, where suitable, in line with Ghana’s national Constitution and national policies.

Paraguay, speaking as a country concerned, appreciated the Special Rapporteur's visit and his report. The State had submitted a detailed document with comments on the report, to be considered for the most part in the final version of the report. It was regretful that the Special Rapporteur did not take into account considerations on the specific national context, particularly in the press release, which used general and imbalanced language. It was important that mandate holders did not lose sight of the need to take into account all information in a comprehensive and timely manner and to verify it appropriately to the greatest extent possible. Paraguay said significant challenges remained in the country in the management and disposal of hazardous substances and wastes. Sustainable change required effort and collaboration from all parties involved, and the country appreciated the technical support offered by the Special Rapporteur. Paraguay was committed to referring the recommendations of the Special Rapporteur to a serious process of internal analysis, to determine whether they could be implemented.

 

Discussion

In the discussion, some speakers said they were committed to the recommendations in the report on climate change, hoping that there would be more robust initiatives helping to deal with this issue. The devastating effects of the triple planetary crises could not be denied, and their different elements were exacerbating each other. The international community must take urgent action, inter alia, to decarbonise and detoxify both economies and the planet. Actions must be sustainable, respectful of human rights, and based on best available scientific data. As stated in the report, without adequate environmental and human rights due diligence, technologies may aggravate the climate crisis and result in further human rights violations, especially for marginalised and vulnerable persons, such as indigenous women and girls and persons with disabilities.

A number of speakers said the report highlighted the importance of the fight against climate change, one of the most serious challenges the world was facing. The international community must not ignore the negative effects of activities moving the world further away from its goal, causing climate degradation and environmental contamination, which violated the human rights of many. The report emphasised the toxic impact of some of the mitigation measures that were proposed - new technologies were important in fighting climate change, but some of them did in fact lead to pollution that in the long term could undermine the human rights of communities. In fighting against climate change, it must be sure to not increase the toxic burden on people, communities and the world as a whole. The world must be decarbonised, but not by putting humans at risk: human rights principles must be taken into account in decarbonisation and detoxification programmes.

One speaker said some Member States had harnessed nuclear energy as a means to achieving carbon-zero electricity and the Special Rapporteur’s report underlined the environmental and health risks this form of energy posed. Nuclear waste posed a significant threat to food security and marine biodiversity. There was a need to build regional scientific capacity and monitoring capabilities to assess the health of the Pacific marine ecosystem and its impacts on human health.

Unsustainable models of production and consumption continued to contribute to the global climate crisis, and the world must change its economy from exploitation to preservation, a speaker urged. States should comply with their obligations related to the protection of human rights defenders working on environmental issues. Governments should demand that companies carried out the process of due diligence on human rights during the entire value chain of production. De-carbonisation and de-toxification policies were required in order to achieve Sustainable Development Goal 12 - and all needed to work together in this respect. States must accelerate the application of these integrated policies, whilst taking human rights into account as they did so. It was vital to not repeat the errors of the path and ensure a better environment for life and human health.

Among questions raised was: what practical strategies would the Special Rapporteur suggest on integrating human rights safeguards into climate mitigation; what were the criteria of the Special Rapporteur to deal with disinformation on misleading and fake solutions; what were some best practices that could help small island developing States better harness their renewable resources; what strategies did the Special Rapporteur advocate so that a move to a green economy could be ensured that respected human rights within production chains; what mechanisms could be established at the national level to monitor and report on the toxic impact of climate change solutions; and how could States that depended on the mining industry be helped to strike the right balance between economic expansion and energy transition.

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