Human Rights Council starts interactive dialogue on hazardous wastes and on safe drinking water and sanitation

AFTERNOON

16 September 2015

The Human Rights Council this afternoon started a clustered interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Baskut Tuncak, and with the Special Rapporteur on the human right to safe drinking water and sanitation, Leo Heller.

Mr. Tuncak presented his thematic report on the issue of the right to information, which was essential to address and prevent human rights impacts of hazardous substances and wastes. States had the duty to generate, collect, assess and update information, while businesses were responsible for identifying and assessing the actual and potential impact of hazardous substances and to communicate such information. He also presented his report on his visit to Kazakhstan.

Mr. Heller regretted that affordability of water and sanitation services had thus far not yet received the attention it warranted. States had to set affordability standards at the national and local levels through a participatory process, and needed to adopt measures to reach the people who relied on public finance to ensure the affordability of water and sanitation services for all. Ensuring the affordability of water and sanitation services required an effective legal and policy framework, which included a strong regulatory system. He
presented his report on his mission to Kenya.

Kazakhstan and Kenya spoke as concerned countries. Kenya National Commission on Human Rights also took the floor.

Speakers noted that hazardous substances and wastes were a public health issue of global concern, and underlined that the right to information on hazardous waste was crucial in the enjoyment of human rights and fundamental to democratic governance. They emphasized that the human rights impact of hazardous substances and wastes disproportionately affected low income or minority groups.

Speakers also noted that concerns remained on the slow advance towards the full enjoyment of the right to water and sanitation, and highlighted the importance of providing water infrastructure to people both in urban and rural areas. They underscored the importance of this issue being part of the Sustainable Development Agenda. Speakers presented some of their national efforts to guarantee access to and proper management of water.

Speaking were European Union, Pakistan, Algeria on behalf of the African Group, Spain on behalf of the Blue Group, Ecuador on behalf of the Community of Latin American and Caribbean States, Brazil, Egypt, Sierra Leone, Maldives, Syria, Bolivia, El Salvador, Nigeria, Paraguay, Algeria, Namibia, India, China, Switzerland, Benin, Indonesia and Ethiopia.

Serbia and Albania spoke in right of reply.

The Human Rights Council will resume its work on Thursday, 17 September at 9 a.m. to conclude its clustered interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes and with the Special Rapporteur on the human right to safe drinking water and sanitation. It will then hold a clustered interactive dialogue with the Independent Expert on a democratic and equitable international order and with the Special Rapporteur on unilateral coercive measures. At noon, the Council will hold its biennial panel on unilateral coercive measures.

Documentation

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 (A/HRC/30/40)

The Council has before it an addendum to the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes – Mission to Kazakhstan (A/HRC/30/40/Add.1)

The Council has before it an addendum to the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes – Comments by Kazakhstan (A/HRC/30/40/Add.2)

The Council has before it the report of the Special Rapporteur on the human right to safe drinking water and sanitation (A/HRC/30/39)

The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Priority areas of work for the new mandate-holder (A/HRC/30/39/Add.1)

Presentation of Reports on Hazardous Wastes and on Safe Drinking Water and Sanitation

BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, presented his thematic report on the issue of the right to information in the context of hazardous waste. He explained that thousands of different hazardous substances had been used by businesses with inadequate information on their properties and uses, as well as their fate as waste, to fully assess their impacts on human rights and prevent harm. The rights of victims to an effective remedy, the right to meaningful participation, the right not to be subjected to experimentation without consent, the right to the highest attainable standard of health and several other human rights had all been frustrated by large information gaps throughout the life circle of substances and wastes. The production and use of the majority of hazardous substances was unregulated at the international level. Such substances could be found in everyday-life products, and could as a result be found in people, including babies, all over the world, which could cause irreversible and devastating health effects. Rates of cancer, diabetes and other illnesses linked to hazardous substances had been on the rise over the past decades, affecting more importantly children, minorities, indigenous people, workers and low-income communities. Solutions however existed to protect human rights. These required the right to information and the responsibility of businesses, which had the responsibility to develop safer alternatives. Information had to be made available to all without discrimination, and States had the duty to generate, collect, assess and update information, effectively communicate it, and ensure confidentiality claims were legitimate. Businesses were responsible for identifying and assessing the actual and potential impact of hazardous substances and communicating information to other businesses, governments and the public effectively.

The Special Rapporteur then referred to a series of chemical explosions that occurred the month before in China, and expressed concerns that information about hazardous substances there had not been made available to neighbouring populations. Information was also essential to prevent such catastrophes. He then referred to the Bhopal incident 30 years ago in India, and regretted that lessons from this disaster had not been fully learned. Turning to his recent visit to Kazakhstan, the Special Rapporteur noted that the country’s economy was overwhelmingly dependent on extractive industries, which presented considerable risks for the population. There was a high-likelihood that extraction activities and hazardous wastes resulting from them had had human rights impacts. He expressed concerns that Kazakhstan had not implemented a robust system for the sound management of hazardous substances and wastes, and was deeply concerned that the population was in the midst of a high-risk situation. He referred to the village of Berezovka, which was located five kilometres from the world’s largest oil and gas condensate field, and where several children and adults had lost consciousness last year. He also used the example of Kalachi, a town that was known as the sleeping village, which was the site of uranium mining during the Soviet era and where, during the past three years, people had fallen asleep for days, unable to wake up without medical intervention. A high number of companies in Kazakhstan did not always employ best environmental technologies or practices.

LEO HELLER, Special Rapporteur on the human right to safe drinking water and sanitation, said that affordability of water and sanitation services had thus far not yet received the attention it warranted. There seemed to be a common assumption that people would obtain the water they needed even without State support. Up to date, mainstream policies for water and sanitation had focused on full cost recovery in service provision. It was possible to reconcile the economic sustainability of services and their affordability for all people. Where people faced an inability to pay, the human rights framework required free services. States had to set affordability standards at the national and local levels. Such standards ought to be established through a participatory process, involving people living in poverty and other marginalized and disadvantaged individuals and groups. Given the range of services outside the formal system, any pricing, subsidy or tariff system could seem irrelevant to an often substantial part of the population, and, hence, focusing public finance on networked provision disproportionately benefited comparatively better-off households.

States needed to adopt measures to reach the people who relied on public finance to ensure the affordability of water and sanitation services for all, and to reduce inequalities in access. States needed to re-allocate resources to the most disadvantaged, which could be done by extending access for all to city-wide systems in urban areas. Targeting could be based on income, geographic location or types of access. Ensuring the affordability of water and sanitation services required an effective legal and policy framework, which included a strong regulatory system. Unless efforts were made to monitor whether services were affordable for all, States and service providers alike would struggle to provide appropriate support to individuals and households.

With regard to his mission to Kenya, Mr. Heller said that Kenya was one of the first States to explicitly recognize the human right to water and sanitation in national legislation, and was undertaking legal and institutional reforms in the areas related to the provision of water and sanitation services. Kenya was encouraged to adopt the national mandatory minimum standards for the legal content of the rights to water and sanitation, elaborate regulations aimed at prohibiting water disconnections of those unable to pay, and to prioritize the most marginalized individuals and groups in law, policy and financing. The Special Rapporteur intended to provide support and advice to Member States in formulating and improving the frameworks to monitor inequalities and emphasise participatory processes at national and local levels for the identification and betterment of disadvantaged groups. Populations around the world ought to be aware of their right to lodge complaints to human rights mechanisms.

Statements by Concerned Countries

Kazakhstan, speaking as a concerned country, thanked the Special Rapporteur for the visit and his recommendations. The Government understood that it had to improve waste management and it was working to enhance activities in that respect. In May and June 2015, Parliament had received three bills on environmental management. The country upheld international standards on gas emittances and was working to streamline the management of waste. The issue of eliminating historical pollution was also receiving attention. In cooperation with international organizations, projects were under way to minimize the effects of harmful emissions on health. As for human rights and access to legal environment defence, each individual and citizen had recourse to such means. They had the right to submit court cases on the environment. Citizens also had access to environment information and the use of natural resources.

Kenya, speaking as a concerned country, said that the report appropriately focused on the present realities, and it presented both progress and challenges in Kenya about the efforts aimed at the realization of the right to safe drinking water and sanitation. Kenya concurred with the mandate holder that although much had been done by the Government to improve the situation in the past few years, a lot remained to be done. The Government admitted critical challenges, such as accessibility to water and sanitation, affordability and availability. Kenya would continue to cooperate with the Special Rapporteur to address the remaining obstacles.

Kenya National Commission on Human Rights recognized that despite efforts by Kenya, the most vulnerable members of the society were still unable to access safe drinking water and sanitation. The Commission would use the report of the Special Rapporteur to lead discussions on the issue with relevant stakeholders to ensure prioritization of the most marginalized individuals and groups in law, policy and financing, as well as through strengthening access to justice. The Commission recognized that, due to budget constraints, the Government might not be able to implement all recommendations, and called for technical assistance to Kenya.

Interactive Debate

European Union said that Mr. Heller’s report tried to assuage the concerns of those who tried to confront economy and finance with human rights obligations. How could the concept of affordability be reflected in the Sustainable Development Goals? The report of Mr. Tuncak referred to the overall framework which existed in the European Union on that subject. Pakistan believed that hazardous substances and waste were a public health issue of global concern, whose mismanagement could have profound impacts on all human rights. Pakistan said that the lack of access to safe water, sanitation and hygiene underlay severe human costs such as poor health and high mortality rates, as well as economic losses. Algeria, speaking on behalf of the African Group, asked how many people knew that air pollution alone killed seven million people every year. It was vital to protect populations around the world from hazardous substances. The issue of accessibility to water was increasingly acute in Africa. How could that problem be remedied in Africa? Spain, speaking on behalf of the Blue Group, noted that concern remained on the slow advance towards the full enjoyment of the right to water and sanitation. There were still 2.4 billion people globally who lacked improved sanitation facilities. Among the main objectives of the Blue Group was the support of the mandate of Mr. Heller.

Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, reiterated the Community’s position that clean water and sanitation boosted all other human rights and that public policies must be designed to address hazardous substances and waste, which could not be addressed by free markets. Brazil agreed with the Special Rapporteur that better access to information on hazardous substances could support the realization of economic, social and cultural rights. The cost of providing water and sanitation might be high, but the price of not investing was even higher, while the results were highly visible in the reduction of infant mortality and improvement of quality of life. Egypt was confident that the attention paid to water and sanitation in the Sustainable Development Goals would contribute towards further consolidation of the status of this human right. The issue of hazardous substances and wastes had become a global concern and Egypt was deeply concerned that public access to information remained limited around the world. Sierra Leone said that determining the most affordable means of implementing the right to water and sanitation would entail a detailed study on systems and the socio-economic dynamic. On hazardous substances and wastes, Sierra Leone noted that scientific research aimed at securing adequate information on the risks of hazardous waste was a global challenge.

Maldives reaffirmed its belief that the violation of the right to safe drinking water and adequate sanitation negated the enjoyment of a life of dignity based on the respect of all human rights. It attached particular importance to the issue of affordability for all people. That had to be reconciled with environmental and economic sustainability to ensure lasting security. Syria stated that the Government had doubled the expenditure in order to ensure the right to safe drinking water, due to terrorist acts on its territory. Those services had to be guaranteed in centres where refugees were received. Terrorists deliberately targeted water sources and polluted them. Bolivia considered the right to safe drinking water as a key human right. Its provision was the responsibility of the State, which should abide by the principles of universality, responsibility, accessibility, continuity, quality, efficiency and affordability. It was noted that companies had to take every measure to prevent the improper disposal of hazardous substances. El Salvador shared the concern of the Special Rapporteur over hazardous waste. The management of hazardous waste was the responsibility of the State and companies. As for the right to safe drinking water, El Salvador had implemented a number of measures to guarantee access to and proper management of water.

Nigeria was deeply concerned about the growing cases of illegal dumping of toxic and hazardous wastes in developing countries, which disproportionately affected low income or minority groups. Unless long-term solutions to water shortages and inadequate sanitation were found, future generations would continue to be deprived of the enjoyment of human rights. Paraguay said that information on the consequences of the inappropriate treatment of hazardous waste was absolutely vital. Data collection, generation and circulation were of paramount importance in that regard. It was absolutely vital that water and sanitation services be made affordable. Algeria believed that information on hazardous substances and wastes played a central role in the enjoyment of fundamental human rights and freedoms. The role of public financing was crucial to support and subsidize access of the entire population to water. Namibia stressed that equitable access to safe and clean drinking water and sanitation was an integral component of the realization of all human rights. Businesses should ensure that information on the impact of hazardous substances and wastes on the enjoyment of human rights was widely distributed in global supply chains.

India stated that strengthening the normative framework of the right to safe drinking water and sanitation was a significant achievement of the Council. It was noted that defining affordability and ensuring affordable access remained a complex challenge and it required different interventions in a different context. China expressed hope that the mandate holders would pay attention to developing countries’ contexts and loopholes in international mechanisms that regulated the right to safe drinking water and sanitation, and disposal of hazardous waste. Switzerland thanked the Special Rapporteur for his focus on the issue of affordability of water. It would be important to consider that aspect during monitoring within the framework of the Sustainable Development Agenda. The right to information on hazardous waste was crucial in the enjoyment of human rights and fundamental to democratic governance. Benin underscored the need to provide water infrastructure to people both in urban and rural areas. Benin warned that in 2015 more than 900 million people worldwide did not have access to drinking water, and that three quarters of them lived in rural areas. It asked how the countries of the South could protect themselves from the disposal of hazardous waste by companies.

Indonesia said that securing access to sanitation was a complex issue which required cooperation of numerous actors, but it was primarily the responsibility of the State to secure that there was no discrimination in that regard. As a populous island country, Indonesia was still facing challenges in guaranteeing access to water for everyone. Ethiopia stressed that affordability should be the key driving force to provide water and sanitation services. In Ethiopia, providing safe and drinking water and sanitation had been recognized as a pillar of the growth and transformational plan.

Right of Reply

Serbia, speaking in a right of reply, said that references to Kosovo in the United Nations documents were regulated by the United Nations Security Council resolution 1244 (1999). “Serbia, including Kosovo” had been used in numerous United Nations documents, and there was no need to change that established practice now.

Albania, speaking in a right of reply, stated that it was an internationally recognized fact, including by the International Court of Justice, that Kosovo was an independent country. On the external level, Kosovo was recognized by 111 countries, Member States of the United Nations.

Serbia, speaking in a second right of reply, believed that the Human Rights Council was not the place to discuss the status of Kosovo. The United Nations Legal Counsel had agreed to the wording “Serbia, including Kosovo.”

Albania, speaking in a second right of reply, reiterated that the wording “Serbia, including Kosovo” was uncommon and outdated, and did not reflect the current context.

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For use of the information media; not an official record