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Human Rights Council hears presentation of reports on hazardous substances and wastes and on mercenaries
Hazardous wastes and mercenaries
15 September 2016
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AFTERNOON
GENEVA (15 September 2016) - The Human Rights Council this afternoon heard the presentation of reports by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes and by 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.
Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that children were arguably the most vulnerable to toxics and pollution and were impacted in ways in which adults were not. The only solution was through the prevention of exposure. An effective framework was required to defend the future generations. In addition to children, workers were among the most vulnerable to toxic chemicals.
Patricia Arias, Chair-Rapporteur of 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, summed up the Working Group’s core report on a number of countries’ approaches toward the regulation of private military and security companies. An international convention would provide a standard regulatory framework for various essential issues related to the activities of private military and security companies.
Republic of Korea, Germany, Belgium, European Union, Tunisia, and
Ukraine spoke as concerned countries. The National Human Rights Commission of the Republic of Korea also spoke.
The Human Rights Council has a full day of meetings scheduled for Friday, 16 September. It will resume its work at 9 a.m., to conclude its interactive clustered dialogue on hazardous substances and wastes and on the use of mercenaries. It will then start a general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
Documentation
The Council has before it the Report of 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 (A/HRC/33/43).
The Council has before it an addendum to the Report of 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 – Mission to Tunisia (A/HRC/33/43/Add.1).
The Council has before it an addendum to the Report of 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 – Mission to Belgium (A/HRC/33/43/Add.2).
The Council has before it an addendum to the Report of 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 – Mission to Ukraine (A/HRC/33/43/Add.3).
The Council has before it an addendum to the Report of 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 – Mission to the European Union (A/HRC/33/43/Add.4).
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/33/41).
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 the Republic of Korea (A/HRC/33/41/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 – Mission to Germany (A/HRC/33/41/Add.2).
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 the Republic of Korea (A/HRC/33/41/Add.3).
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 Germany (A/HRC/33/41/Add.4).
Presentation of Reports by the Working Group on the Use of Mercenaries as a Means of Violating Human Rights and the Special Rapporteur on Hazardous Substances and Wastes
BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that the Convention on the Rights of the Child recognized the right of the child to the highest attainable standard of health. Children were arguably the most vulnerable to toxics and pollution and were impacted in ways in which adults were not. Numerous health impacts were linked to childhood exposure to toxics, such as cancer, developmental disorders, learning disabilities and respiratory illnesses. The World Health Organization estimated that over 1.5 million children under five died prematurely from toxics, pollution and other exposures. A child’s best interests should guide the interpretation and implementation of the Convention. Every child had the right to bodily integrity, which recognized the autonomy of the individual, to be free from unwanted invasions of its body. Pediatricians now referred to some children as being born “pre-polluted.” The only solution was through the prevention of exposure. Toxics and pollution were an insidious threat to human rights, with some of the gravest impacts on children. An effective framework was required to defend the future generations.
Mr. Tuncak went on to provide several examples of grave deficiencies over the past two years. In the American city of Flint, up to 12,000 children had been exposed to high levels of lead in their drinking water. In the Republic of Korea, the plight of over 1,000 victims of untested and under-regulated consumer products loomed large. A highly hazardous pesticide produced by Bayer had been sold in Peru, and had killed 24 school children when mistakenly consumed as powered milk. In addition to children, workers were among the most vulnerable to toxic chemicals. An estimated two million workers died annually from occupational diseases linked to hazardous substances, including over 150 former workers of Samsung Electronics in the Republic of Korea. There was no basis to question the findings of the “South Korean” courts that cases of leukemia and lung cancer in former workers of Samsung Electronics had been likely caused by their working conditions, stressed Mr. Tuncak.
PATRICIA ARIAS, Chair-Rapporteur of 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, said that the core report focused on the laws and regulations of Azerbaijan, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan, Australia, New Zealand, Nauru, Papua New Guinea and the United States. Regarding the first six of those countries, each country approached the regulation of private military and security companies differently. The different roles and functions of private security companies and law enforcement authorities remained ambiguous. When it came to the latter five countries, the majority of them did not specifically address the issue of military and security services provided abroad. None of the countries had specific rules on the direct participation of private military and security companies in hostilities. An international convention would provide a standard regulatory framework for various essential issues related to the activities of private military and security companies.
Turning to the Working Group’s country visit to Tunisia, Ms. Arias noted that ensuring the accountability of foreign fighters involved in human rights abuses and crimes was critical, and the State of nationality or permanent residency should investigate and prosecute fighters involved in such acts.
The Working Group’s report on its mission to Belgium also addressed foreign fighters. Their average age was 23 years and over 50 per cent of foreign fighters from Belgium were Belgians of Moroccan ancestry. The Working Group recommended that Government efforts at combatting the phenomenon placed strong emphasis on the social dimension, including integration, equality and non-discrimination, in keeping with international human rights standards.
The Working Group’s mission to Ukraine had assessed the situation of foreign fighters, mercenaries, and private military and security companies there. The motivations of foreigners joining the armed conflict in Ukraine reportedly varied.
The Working Group’s mission to European Union institutions in Belgium addressed the two issues of foreign fighters and private military and security companies. An estimated 5,000 to 6,000 foreign fighters in conflicts in the Middle East had originated from European Union Member States. Recruitment was largely through neighbourhood, peer and family networks and through the Internet and social media. The Working Group was concerned that the application of United Nations Security Council resolution 2178 had to be undertaken with respect for the freedoms of movement, expression and opinion, and the right to privacy.
Statements by Concerned Countries
Republic of Korea, speaking as a concerned country, stated that it was the primary responsibility of the State to protect its people from hazardous materials. To that end, the Republic of Korea had taken measures to fully ensure that people’s right to a healthy environment and health of the highest standard was upheld. The Government had established a legal framework for illegal corporate activities pertaining to the environment. It was also working on raising the awareness of businesses about such harmful activities. It had implemented the Chemical Substances Act and had provided remedies for health damages. An investigation team had been set up to conduct a thorough investigation of cases.
National Human Rights Commission of the Republic of Korea appreciated that the Special Rapporteur’s attention to the victims of the Oxy humidifier sterilizer scandal, workers of Samsung Electronics exposed to hazardous substances, and residents of communities living near sources of contamination. It noted that effective remedies should be provided to the residents of those communities and that related legislation should be amended to require employers to prove that there was no casual relation between the injuries and work. Furthermore, companies that had caused damages due to hazardous substances should make more active efforts to provide compensation to victims.
Germany, speaking as a concerned country, stated that it was the world’s fourth largest chemical market and, as such, it played a key role in the implementation of European Union chemical legislation. Germany welcomed the thematic report in which the Special Rapporteur examined the impacts of toxics and pollution on children’s rights. Germany was glad that the Special Rapporteur recognized in Germany and the European Union a number of positive examples and good practices, which helped avert damage by hazardous substances. The report underlined the important role that the Human Rights Council could have in moving the human rights agenda forward.
Belgium, speaking as a concerned country, reminded that on 22 March, Belgium had been the target of multiple attacks and had experienced one of the darkest days in its recent history. Belgium was firmly resolved to protect democratic values in its response to terrorism. Work was done at regional and local levels to promote and develop inclusive societies. Belgium had taken full advantage of the federal structure of the country to ensure that a more tailored response was provided to each individual case of foreign terrorist fighters. Blurring the line between foreign terrorist fighters and mercenaries would not help anyone address either issue in an effective manner.
European Union, speaking as a concerned party, expressed shared concern about the dangers of mercenary activity that had been underlined in the report of the Working Group on the use of mercenaries. The Working Group was mandated to work on issues of mercenaries, and there was confusion as the mandate was then extended to include private military and security companies. The European Union had reservations that the Working Group had further engaged on the issue of “foreign fighters.” The European Union supported all efforts to ensure compliance with international law and remained committed to raising standards in the legitimate global private security industry, strongly supporting the implementation of the United Nations Guiding Principles on Business and Human Rights, which also applied to private military and security companies. European Union institutions did not contract private military companies. The European Union, including its military missions, were normally not engaged in armed conflicts as combatants, and therefore international humanitarian law did not generally apply to the European Union’s activities.
Tunisia, speaking as a concerned country, noted that in spite of economic challenges and the political situation it had been facing since 2011, it was on a clear path to protect and respect human rights based on an integrated approach. In the fight against terrorism, it had strived to strike a balance between security and human rights. The separation of prisoners accused of terrorist crimes from other prisoners was in place in order to prevent proselytization. The paragraph on foreign fighters should be amended and they were under observation by the authorities. Tunisia denied the assertion in the report that some Tunisian authorities had encouraged citizens to provide humanitarian assistances in hotspots. A number of preventive and punitive measures had been instated in order to discourage Tunisian citizens to join foreign fighters in hotspots. The Government had dismantled networks that had attempted to send fighters abroad and had worked to fight terrorist activities on the Internet.
Ukraine, speaking as a concerned country, regretted that the report of the Working Group missed some information that was crucial for understanding the real reasons for the phenomenon of mercenaries in Ukraine. The main shortcoming of the report was the refusal to record evidence of the Russian aggression in the Donetsk and Luhansk regions, including the creation and control over the terrorist organizations “DNR” and “LNR”, the engagement of regular Russian militaries in training and equipping the illegal armed groups, as well as the direct involvement of the Russian Federation in bringing mercenaries to destabilize Ukraine. Ukraine encouraged the Working Group to strive for unimpeded international access to occupied Crimea and to pay proper attention to that part of Ukraine’s territory.
GENEVA (15 September 2016) - The Human Rights Council this afternoon heard the presentation of reports by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes and by 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.
Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that children were arguably the most vulnerable to toxics and pollution and were impacted in ways in which adults were not. The only solution was through the prevention of exposure. An effective framework was required to defend the future generations. In addition to children, workers were among the most vulnerable to toxic chemicals.
Patricia Arias, Chair-Rapporteur of 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, summed up the Working Group’s core report on a number of countries’ approaches toward the regulation of private military and security companies. An international convention would provide a standard regulatory framework for various essential issues related to the activities of private military and security companies.
Republic of Korea, Germany, Belgium, European Union, Tunisia, and
Ukraine spoke as concerned countries. The National Human Rights Commission of the Republic of Korea also spoke.
The Human Rights Council has a full day of meetings scheduled for Friday, 16 September. It will resume its work at 9 a.m., to conclude its interactive clustered dialogue on hazardous substances and wastes and on the use of mercenaries. It will then start a general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
Documentation
The Council has before it the Report of 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 (A/HRC/33/43).
The Council has before it an addendum to the Report of 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 – Mission to Tunisia (A/HRC/33/43/Add.1).
The Council has before it an addendum to the Report of 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 – Mission to Belgium (A/HRC/33/43/Add.2).
The Council has before it an addendum to the Report of 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 – Mission to Ukraine (A/HRC/33/43/Add.3).
The Council has before it an addendum to the Report of 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 – Mission to the European Union (A/HRC/33/43/Add.4).
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/33/41).
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 the Republic of Korea (A/HRC/33/41/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 – Mission to Germany (A/HRC/33/41/Add.2).
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 the Republic of Korea (A/HRC/33/41/Add.3).
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 Germany (A/HRC/33/41/Add.4).
Presentation of Reports by the Working Group on the Use of Mercenaries as a Means of Violating Human Rights and the Special Rapporteur on Hazardous Substances and Wastes
BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that the Convention on the Rights of the Child recognized the right of the child to the highest attainable standard of health. Children were arguably the most vulnerable to toxics and pollution and were impacted in ways in which adults were not. Numerous health impacts were linked to childhood exposure to toxics, such as cancer, developmental disorders, learning disabilities and respiratory illnesses. The World Health Organization estimated that over 1.5 million children under five died prematurely from toxics, pollution and other exposures. A child’s best interests should guide the interpretation and implementation of the Convention. Every child had the right to bodily integrity, which recognized the autonomy of the individual, to be free from unwanted invasions of its body. Pediatricians now referred to some children as being born “pre-polluted.” The only solution was through the prevention of exposure. Toxics and pollution were an insidious threat to human rights, with some of the gravest impacts on children. An effective framework was required to defend the future generations.
Mr. Tuncak went on to provide several examples of grave deficiencies over the past two years. In the American city of Flint, up to 12,000 children had been exposed to high levels of lead in their drinking water. In the Republic of Korea, the plight of over 1,000 victims of untested and under-regulated consumer products loomed large. A highly hazardous pesticide produced by Bayer had been sold in Peru, and had killed 24 school children when mistakenly consumed as powered milk. In addition to children, workers were among the most vulnerable to toxic chemicals. An estimated two million workers died annually from occupational diseases linked to hazardous substances, including over 150 former workers of Samsung Electronics in the Republic of Korea. There was no basis to question the findings of the “South Korean” courts that cases of leukemia and lung cancer in former workers of Samsung Electronics had been likely caused by their working conditions, stressed Mr. Tuncak.
PATRICIA ARIAS, Chair-Rapporteur of 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, said that the core report focused on the laws and regulations of Azerbaijan, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan, Australia, New Zealand, Nauru, Papua New Guinea and the United States. Regarding the first six of those countries, each country approached the regulation of private military and security companies differently. The different roles and functions of private security companies and law enforcement authorities remained ambiguous. When it came to the latter five countries, the majority of them did not specifically address the issue of military and security services provided abroad. None of the countries had specific rules on the direct participation of private military and security companies in hostilities. An international convention would provide a standard regulatory framework for various essential issues related to the activities of private military and security companies.
Turning to the Working Group’s country visit to Tunisia, Ms. Arias noted that ensuring the accountability of foreign fighters involved in human rights abuses and crimes was critical, and the State of nationality or permanent residency should investigate and prosecute fighters involved in such acts.
The Working Group’s report on its mission to Belgium also addressed foreign fighters. Their average age was 23 years and over 50 per cent of foreign fighters from Belgium were Belgians of Moroccan ancestry. The Working Group recommended that Government efforts at combatting the phenomenon placed strong emphasis on the social dimension, including integration, equality and non-discrimination, in keeping with international human rights standards.
The Working Group’s mission to Ukraine had assessed the situation of foreign fighters, mercenaries, and private military and security companies there. The motivations of foreigners joining the armed conflict in Ukraine reportedly varied.
The Working Group’s mission to European Union institutions in Belgium addressed the two issues of foreign fighters and private military and security companies. An estimated 5,000 to 6,000 foreign fighters in conflicts in the Middle East had originated from European Union Member States. Recruitment was largely through neighbourhood, peer and family networks and through the Internet and social media. The Working Group was concerned that the application of United Nations Security Council resolution 2178 had to be undertaken with respect for the freedoms of movement, expression and opinion, and the right to privacy.
Statements by Concerned Countries
Republic of Korea, speaking as a concerned country, stated that it was the primary responsibility of the State to protect its people from hazardous materials. To that end, the Republic of Korea had taken measures to fully ensure that people’s right to a healthy environment and health of the highest standard was upheld. The Government had established a legal framework for illegal corporate activities pertaining to the environment. It was also working on raising the awareness of businesses about such harmful activities. It had implemented the Chemical Substances Act and had provided remedies for health damages. An investigation team had been set up to conduct a thorough investigation of cases.
National Human Rights Commission of the Republic of Korea appreciated that the Special Rapporteur’s attention to the victims of the Oxy humidifier sterilizer scandal, workers of Samsung Electronics exposed to hazardous substances, and residents of communities living near sources of contamination. It noted that effective remedies should be provided to the residents of those communities and that related legislation should be amended to require employers to prove that there was no casual relation between the injuries and work. Furthermore, companies that had caused damages due to hazardous substances should make more active efforts to provide compensation to victims.
Germany, speaking as a concerned country, stated that it was the world’s fourth largest chemical market and, as such, it played a key role in the implementation of European Union chemical legislation. Germany welcomed the thematic report in which the Special Rapporteur examined the impacts of toxics and pollution on children’s rights. Germany was glad that the Special Rapporteur recognized in Germany and the European Union a number of positive examples and good practices, which helped avert damage by hazardous substances. The report underlined the important role that the Human Rights Council could have in moving the human rights agenda forward.
Belgium, speaking as a concerned country, reminded that on 22 March, Belgium had been the target of multiple attacks and had experienced one of the darkest days in its recent history. Belgium was firmly resolved to protect democratic values in its response to terrorism. Work was done at regional and local levels to promote and develop inclusive societies. Belgium had taken full advantage of the federal structure of the country to ensure that a more tailored response was provided to each individual case of foreign terrorist fighters. Blurring the line between foreign terrorist fighters and mercenaries would not help anyone address either issue in an effective manner.
European Union, speaking as a concerned party, expressed shared concern about the dangers of mercenary activity that had been underlined in the report of the Working Group on the use of mercenaries. The Working Group was mandated to work on issues of mercenaries, and there was confusion as the mandate was then extended to include private military and security companies. The European Union had reservations that the Working Group had further engaged on the issue of “foreign fighters.” The European Union supported all efforts to ensure compliance with international law and remained committed to raising standards in the legitimate global private security industry, strongly supporting the implementation of the United Nations Guiding Principles on Business and Human Rights, which also applied to private military and security companies. European Union institutions did not contract private military companies. The European Union, including its military missions, were normally not engaged in armed conflicts as combatants, and therefore international humanitarian law did not generally apply to the European Union’s activities.
Tunisia, speaking as a concerned country, noted that in spite of economic challenges and the political situation it had been facing since 2011, it was on a clear path to protect and respect human rights based on an integrated approach. In the fight against terrorism, it had strived to strike a balance between security and human rights. The separation of prisoners accused of terrorist crimes from other prisoners was in place in order to prevent proselytization. The paragraph on foreign fighters should be amended and they were under observation by the authorities. Tunisia denied the assertion in the report that some Tunisian authorities had encouraged citizens to provide humanitarian assistances in hotspots. A number of preventive and punitive measures had been instated in order to discourage Tunisian citizens to join foreign fighters in hotspots. The Government had dismantled networks that had attempted to send fighters abroad and had worked to fight terrorist activities on the Internet.
Ukraine, speaking as a concerned country, regretted that the report of the Working Group missed some information that was crucial for understanding the real reasons for the phenomenon of mercenaries in Ukraine. The main shortcoming of the report was the refusal to record evidence of the Russian aggression in the Donetsk and Luhansk regions, including the creation and control over the terrorist organizations “DNR” and “LNR”, the engagement of regular Russian militaries in training and equipping the illegal armed groups, as well as the direct involvement of the Russian Federation in bringing mercenaries to destabilize Ukraine. Ukraine encouraged the Working Group to strive for unimpeded international access to occupied Crimea and to pay proper attention to that part of Ukraine’s territory.
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