上午

日内瓦（2016年9月16日）——人权理事会今天上午结束了与危险物质及废料的无害环境管理和处置对人权的影响问题特别报告员以及以雇佣军为手段侵犯人权并阻挠行使民族自决权问题工作组的集体互动对话。

以雇佣军为手段侵犯人权并阻挠行使民族自决权问题工作组主席兼报告员帕特里夏·阿里亚斯（Patricia Arias）在总结发言中指出，反恐立法很容易被国家采用，因为会导致人权侵犯，它代表着人权保护方面的风险。雇佣军立法很难落实，许多国家用反恐立法来替代。国际行为准则是有价值的文件，但那些规则是自愿性的，这意味着各国的遵约存在问题。

危险物质及废料的无害环境管理和处置对人权的影响问题特别报告员巴什库特·通贾克（Baskut Tuncak）在总结发言中指出，约有30%的死亡由环境原因造成。然而只有极少资源投入到环境危害的后果中。此外，联合国各项关于废料管理的条约仅涉及26种危险物质，而实际上存在上千种。明显缺少一种合规性机制帮助落实关于危险物质管理的公约。

专家们在9月15日（周四）呈报了报告，他们的意见摘要和当事国的声明可在这里查看。

在关于危险物质和废料的互动对话中，发言人强调，有必要与国家和国际组织在武装冲突危险残留物的监督和识别机制方面开展合作。对话中指出，污染在发展中国家和边缘群体当中更严重，相应地，那些国家的私营公司应承担责任。各国有义务落实必要的保护机制。

发言人讨论了利用雇佣军的问题，重申了对私营军事和安保公司在法律真空状态下运作并犯下各种暴行的事实表示关切。他们尤其担心将雇佣军作为外交政策工具。一些发言人同意工作组的意见，即需要有约束力的综合法律文书来规范私营军事和安保公司的活动。

发言方包括代表伊斯兰合作组织的巴基斯坦、欧盟、秘鲁、厄瓜多尔、古巴、巴西、俄罗斯联邦、塞拉利昂、智利、委内瑞拉、代表非洲集团的南非、塔吉克斯坦、中国、哥斯达黎加、吉尔吉斯斯坦、伊朗、尼日利亚、玻利维亚、孟加拉国、纳米比亚、联合国儿童基金会、科特迪瓦、阿塞拜疆、巴勒斯坦国、摩洛哥、埃及和萨尔瓦多。

以下非政府组织也做了发言：人权联系会（Conectas Direitos Humanos）、萨拉玛基金会（Alsalam Foundation）、国际罐头业常设委员会（Canners International）、非洲区域农业信贷协会（African Regional Agricultural Credit Association）、启蒙组织（Iuventum）、希亚姆酷刑受害者康复中心（Khiam Rehabilitation Centre for Victims of Torture）、支持公平审判与人权国际理事会（Conseil international pour le soutien à des procès équitables et aux Droits de l’Homme）、国际环境法中心和现在就要人权组织（Human Rights Now）。

理事会之后将听取发展权工作组呈报报告以及秘书长、人权事务高级专员及其办事处呈报其提交的所有专题报告，随后开展有关促进和保护所有人权、公民权、政治权、包括发展权在内的经济、社会及文化权利的一般性辩论。

Interactive Dialogue with the Working Group on the Use of Mercenaries and the Special Rapporteur on Hazardous Substances and Wastes

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, noted the recommendation of the Special Rapporteur on the need to work with national and international organizations on monitoring and identification systems for hazardous remnants of armed conflict.  The Working Group was asked to share its views on how issues surrounding mercenaries could be addressed under the legally binding instrument on transnational corporations.  European Union took note of the Working Group’s continued efforts to map and analyse existing legislation on private military and security companies, despite reservations around the Working Group’s mandate.  Enhancing synergies amongst international instruments on chemicals and waste was supported, and the Special Rapporteur was asked to share his assessment on how that issue was tackled in other fora.  Peru expressed concern about the situation of hazardous wastes, noting that nationally, oil extraction was increasingly regulated.

Ecuador said that pollution was worse in developing countries and among marginalized populations, adding that Ecuador had adopted regulations to manage hazardous substances.  Cuba expressed concern for the consistent use and recruitment of mercenaries for mercenary activities, which was a violation of the United Nations Charter, adding that Cuba would be submitting a resolution recommending the renewal of the mandate of the Working Group.  Brazil gave an update about the situation surrounding a dam which had been mentioned in the report of the Special Rapporteur, and on hazardous waste, asked the Special Rapporteur to elaborate on business and human rights.

Russian Federation regretted that the report on Ukraine had not fully and adequately analysed the use of mercenaries in that country, adding that the report contained unproven accusations against the Russian Federation.  The report also failed to record that in the southeast of Ukraine mercenaries from Western countries and linked to fascist ideologies had been operating.  Sierra Leone asked the Working Group whether establishing an applicable standard of human rights-based criteria for licencing and for a monitoring system would be difficult to implement.  As for hazardous materials, it was the obligation of the State to put in place the necessary protective mechanisms and to implement policies which ensured that children grew up in a safe and protected environment.  Chile agreed that there had to be a binding international framework to regulate private military and security companies, and asked the Working Group whether it was better to promote the universalization of the existing Convention on Mercenaries, or to initiate  negotiations on a new convention, given the existing legal gaps.

Venezuela reiterated concern over the fact that private military and security companies operated in a legal vacuum, perpetrating all kinds of atrocities.  It shared the view that a binding comprehensive legal instrument was necessary to regulate the activities of private military and security companies.  South Africa, speaking on behalf of the African Group, remained concerned about the cases of children’s exposure to toxic chemicals and pollution, and recalled the obligation of businesses to protect children from such risks.  As for the use of mercenaries, it noted that an international legally binding regulation instrument was the best way to ensure uniform global regulations.  Tajikistan noted that the Working Group’s report on Tajikistan was not objective and impartial.  Mercenaries were used based on the development level of a country, and oversight was conducted by the companies themselves.  It asked for clarification on the type of information used by the Working Group.  China maintained that activities of private military and security companies should be consistent with international human rights laws and national laws, and should be regulated by a comprehensive and binding international regulation instrument, which would be best suited to tackle the issue.  As for hazardous substances and wastes, China had prohibited minors from engaging in work with toxic materials and such a crime was severely punished.

Costa Rica said that the human rights context of protecting children from hazardous substances was of paramount importance, noting that in 2013, the sale of gunpowder to children had been banned.  Kyrgyzstan said that it suffered from a legacy of uranium mining, and there was a leak of toxic substances into the air and water, adding that the country was developing a strategy to protect the population.  Iran spoke about the use of mercenaries as a tool of foreign policy, and asked how domestic rules and international human rights laws could be applied.

Nigeria expressed alarm at the World Health Organization figures regarding children exposed to hazardous substances, noting that foreign extractive industries that were dumping toxic substances in developing countries were in violation of human rights.  Bolivia expressed concern that many countries exported toxic substances to developing countries, supporting the sale of pesticides which were harmful substances.  Bangladesh, focusing on the issue of hazardous waste, expressed appreciation for the Special Rapporteur’s focus on children in his report, but said it was regrettable that the report did not articulate means for the implementation of recommendations for developing countries.

Namibia welcomed the focus on the prevention of the exposure of children to hazardous substances and said that the exposure of children in developing countries was also the result of the denial of the right to development, and this should be included in the report.  United Nations Children’s Fund was deeply concerned about the growing threat that pollutants were posing to children’s rights, including air pollution which was one of the biggest killers of children globally and was worsening in many parts of the world, and urged all States and businesses to accelerate action toward addressing this silent pandemic.  Côte d’Ivoire stressed that the obligation to protect children from hazardous waste was not only the prerogative of governments but also of businesses.  It was a welcome fact that some States were adopting national legislation on private military and security companies, but the adoption of a legally binding international instrument was needed in order to guarantee uniform regulations globally.

Azerbaijan expressed concern about Armenia’s use of mercenaries from the Middle East, Europe and North America in the occupied Nagorno-Karabakh and other regions of Azerbaijan.  It was equally concerned about the outdated Metsamor Nuclear Power Plant in Armenia, which was located in a highly seismic zone and presented a potential catastrophic threat to the whole region.  Palestine said that 90 per cent of the water supply in the Gaza Strip was unfit for human consumption as a result of years of Israel’s deliberate destruction of the sewage and water infrastructure, and the pollution of the only underground aquifer.  Morocco recalled the responsibility of business enterprises to protect children from exposure to hazardous waste and said that it had adopted the National Charter for Sustainable Development which also strengthened the legal arsenal on waste management and disposal.

Egypt pointed out to the general lack of remedies available to victims of private military and security companies, calling for an international legally binding instrument to regulate such companies.  As for hazardous substances, in developing countries their negative effect on children’s health was particularly adverse and private companies had to be held accountable in that respect.  El Salvador stated that the prevention of the exposure to toxic materials was the best way to protect children and the population in general.  It paid particular attention to diseases caused by hazardous substances, even though a specific programme for the protection of children still needed to be developed.

Conectas Direitos Humanos, in a joint statement, voiced concern over the environmental and human rights violations resulting from the Samarco dam that burst in Brazil.  The Government of Brazil was proposing even more relaxed safeguards, thus assuming the risk of future disasters.  Alsalam Foundation, in a joint statement, reminded that after 2011 the Government of Bahrain had recruited Pakistani mercenaries to address protests and granted them citizenship.  What measures could be applied to prevent Bahrain from the continued use of mercenaries?

Canners International Permanent Committee noted that in Pakistan mercenaries had emerged as a tool for supressing the legitimate right to self-determination.  Moreover Pakistani mercenaries fighting in foreign lands were also a common phenomenon.  African Regional Agricultural Credit Association stated that Pakistan served as the nursery of jihadi terror and that it was using mercenaries to intervene in a number of foreign conflicts.  Its intelligence service had long acted as the manager of international mujahedeen forces, many of them Sunni extremists.  Iuventum warned that children were far more susceptible to toxic materials than adults, due to the growth phase with higher cellular activities.  It requested the Human Rights Council to pass resolutions in line with the Special Rapporteur’s recommendations.

Khiam Rehabilitation Centre for Victims of Torture said that Saudi Arabia had promoted the exploitation of mercenaries, causing a demographic change aiming to replace indigenous people with mercenaries, and dominating entire countries like Bahrain.   Conseil international pour le soutien à des procès équitables et aux Droits de l’Homme said that Bahraini authorities had been using mercenaries to suppress peaceful protests, adding that there were 10,000 “security elements” from Pakistan and that Bahraini authorities refrained from employing Shias.  Center for International Environmental Law, in a joint statement with Earthjustice welcomed the recognition of the rights of the child to a healthy environment and urged the Council to embrace the Special Rapporteur’s recommendations.  Human Rights Now said that nearly 150,000 people were still displaced by the Fukushima nuclear accident, called on the Government of Japan to implement the recommendations of Special Rapporteurs as regard radiation exposure standards for lifting evacuation orders, and called for Mr. Baskut Tuncak to conduct an official visit to Japan.

Concluding Remarks

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, agreed that the legal coercive measures available to limit the phenomenon of mercenaries and foreign combatants were very clear in distinguishing between different phenomena.  The phenomena of foreign combatants and mercenaries were rapidly developing, particularly in Iraq and the Levant.  This was the reason why the Working Group, fully complying with its mandate to monitor activities of mercenaries and all associated activities, had undertaken a study which had concluded that the activities of foreign fighters were indeed mercenary activities.  A comprehensive approach was needed to tackle terrorism, said the Chair-Rapporteur, stressing that the United Nations Security Council resolution 2178 which condemned violent extremism had also introduced the concept of “foreign terrorist combatant” which gave rise to some new extraordinary risks.  Historically, anti-terrorist legislation was applied very easily by States, but it presented a risk in terms of human rights protection as it led to human rights violations.  It was very difficult for mercenary legislation to be applied, and many States applied anti-terrorism legislation instead.

The International Code of Conduct was a document of value, but those rules were voluntary, which meant that the compliance by States was problematic.  As for the compliance by private military and security companies with the International Code of Conduct, Ms. Arias stressed that it was easy to avoid accountability: all it took was to change the name of the company, and this would “wipe the slate clean”.  The Working Group had accepted the invitation by Ukraine and would continue to monitor the situation because of the huge impact of the use of mercenaries on human rights, particularly the right to self-determination.  Turning to the issue of the regulation of private military and security companies, Ms. Arias stressed that it must necessarily be complex: those were companies armed with lethal weapons, which posed a great risk to the life and physical integrity of persons, and there were already lengthy reports of torture, trafficking and other human rights violations and abuses committed by those companies.  The Working Group’s study on the legislation had demonstrated the lack of accountability and mechanisms of reparation for victims, as well as the absence of extraterritorial jurisdiction for activities of private military and security companies.

BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, explained that the international management of wastes entailed the assessment of risks and impacts, financial assistance for mediation, and medical care issues.  According to the World Health Organization, some 30 per cent of deaths were due to environmental reasons.  However, very few resources were devoted to the consequences of environmental hazards.  Almost 2 million deaths due to occupational diseases were recorded every year.  The cluster of United Nations treaties only addressed 26 hazardous substances, whereas there were thousands of them.  There was a mandate to achieve sound chemical management by 2020, which was very ambitious considering the lack of a budget.  There was a notable absence of compliance mechanisms for the implementation of conventions on the management of hazardous substances.  The remedies applied to environmental disasters had to be consistent with human rights standards, responding to the needs of victims and in line with participatory decision-making principles.  There were many good practices in the area of environmental management, such as the monitoring of lead in children and toxic chemicals in the breast milk of mothers.  As for making linkages of causation, it began with generating information about pollutants, and cohort studies looking at exposure and health across generations.  Information gathering, however, could not resolve the problem of children exposed to toxic materials at a very young age or while they were still in the womb.  Prevention had to be priority, Mr. Tuncak concluded.

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