1995/81. Adverse effects of the illicit movement and dumping
of toxic and dangerous products and wastes on the
enjoyment of human rights

The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the Vienna Declaration and Programme of Action, particularly on the question of the human rights to life and to good health,

Recalling its resolutions 1989/42 of 6 March 1989, 1990/43 of 6 March 1990, 1991/47 of 5 March 1991 and 1993/90 of 10 March 1993,

Recalling also General Assembly resolutions 42/183 of 11 December 1987, 43/212 of 20 December 1988, 44/226 of 22 December 1989, 45/13 of 7 November 1990 and 46/126 of 17 December 1991,

Affirming that the illicit movement and dumping of toxic and dangerous products and wastes constitute a serious threat to the human rights to life and health of individuals, particularly in developing countries that do not have the technologies to process them,

Taking note of resolution GC (XXXIII)/RES/509 on the dumping of nuclear wastes and resolution GC (XXXIV)/RES/530 establishing a Code of Practice on International Transboundary Movement of Radioactive Waste, adopted on 29 September 1989 and 21 September 1990 respectively by the General Conference of the International Atomic Energy Agency, and the decision of the General Conference to keep the question of the international transboundary movements of radioactive waste under active review, including the desirability of concluding a legally binding instrument under the auspices of the International Atomic Energy Agency, in view of their adverse effects on the human rights to life and health of every human person,

Mindful of the call by the World Conference on Human Rights, held in Vienna from 14 to 25 June 1993, on all States to adopt and vigorously implement existing conventions relating to the dumping of toxic and dangerous products and wastes and to cooperate in the prevention of illicit dumping,

Aware of the growing practice of the dumping in African and other developing countries by transnational corporations and other enterprises from industrialized countries of hazardous and other wastes that constitute a serious threat to the human rights to life and health of everyone, and which they cannot dispose of within their territories of operation,

Aware also that many developing countries do not have the technologies to process such wastes in order to eradicate or diminish their adverse effects on the human rights to life and health,

1. Notes with grave concern that the increasing rate of illicit dumping of toxic and dangerous products and wastes in developing countries continues adversely to affect the human rights to life and health of individuals in those countries;

2. Reaffirms that the illicit traffic and the dumping of toxic and dangerous products and wastes constitute a serious threat to the human rights to life and health of every individual;

3. Also reaffirms the request made by the Second Meeting of the Conference of Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, in its decision II/12, to the industrialized countries to prohibit the export of hazardous and other wastes to parties which have prohibited their import and to non-parties, especially bearing in mind their effects on the health and life of every individual;

4. Urges all Governments to take legislative and other appropriate measures with a view to preventing illegal international traffic in toxic and dangerous products;

5. Invites the United Nations Environment Programme, the International Labour Organisation, the World Health Organization, the International Atomic Energy Agency and the Organization of African Unity and other regional
organizations to intensify their cooperation and assistance on environmentally sound management of toxic chemicals, including the question of their transboundary movement;

6. Urges the international community to give the necessary support to developing countries, upon their request, in their efforts to implement the provisions of existing international and regional instruments governing the transboundary movement and dumping of toxic and dangerous products and wastes in order to protect and promote the human rights to life and good health of all;

7. Decides to appoint a special rapporteur for a period of three years with a mandate to:

(a) Investigate and examine the effects of the illicit dumping of toxic and dangerous products and wastes in African and other developing countries on the enjoyment of human rights, in particular on the human rights to life and health of everyone;

(b) Investigate, monitor, examine and receive communications and gather information on the illicit traffic and dumping of toxic and dangerous products and wastes in African and other developing countries;

(c) Make recommendations and proposals on adequate measures to control, reduce and eradicate the illicit traffic in, transfer to and dumping of toxic and dangerous products and wastes in African and other developing countries;

(d) Produce annually a list of the countries and transnational corporations engaged in the illicit dumping of toxic and dangerous products and wastes in African and other developing countries and a census of human persons killed, maimed or otherwise injured in the developing countries through this heinous act;

8. Requests the Special Rapporteur to submit his or her findings, including the list of the countries and transnational corporations engaged in the illicit dumping of toxic and dangerous products and wastes in African and other developing countries, to the Commission on Human Rights at its fifty-second session;

9. Requests the Secretary-General to establish in the Centre for Human Rights a focal unit with the specific task of following up on the findings of the Special Rapporteur and other issues related to the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights;

10. Also requests the Secretary-General to provide the Special Rapporteur with all the necessary financial and human resources for the fulfilment of his or her mandate;

11. Urges all Governments, specialized agencies and non-governmental organizations to cooperate fully with the Special Rapporteur, in particular by providing information on the movement and dumping of toxic and dangerous products and wastes;

12. Decides to continue consideration of the question of the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights at its fifty-second session under the appropriate agenda item;

13. Recommends the following draft decision to the Economic and Social Council for adoption:
[For the text, see chap. I, sect. B, draft decision 30]
61st meeting
8 March 1995
[Adopted by a roll-call vote of 31 votes to 15,
with 6 abstentions. See chap. XIV. E/CN.4/1995/176]


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