HUMAN RIGHTS COUNCIL STARTS INTERACTIVE DEBATE ON HUMAN RIGHTS AND INTERNATIONAL SOLIDARITY AND ON HUMAN RIGHTS AND TOXIC WASTE

The Human Rights Council this morning started its clustered interactive dialogue with the Independent Expert on human rights and international solidarity and the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. It also concluded its clustered interactive dialogue with the Special Rapporteur on contemporary forms of slavery and the Working Group on mercenaries.

Rudi Muhamad Rizki, Independent Expert on human rights and international solidarity, introduced his report and underlined the value of international solidarity in an interdependent world. Solidarity should be based on the equality and sovereignty of all States, respect for human rights and fundamental freedoms, and peaceful and friendly relations. International solidarity was a pre-condition to human dignity, the basis of all human rights, and had a bridge-building function across all divides and distinctions. Mr. Rizki concluded by calling for human, international and global solidarity, which required strengthened partnership and cooperation among all stakeholders.

Calin Georgescu, Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, introduced his annual report and recommended that the Council expand the mandate to monitor the adverse effects of hazardous products and wastes during their entire life cycle, from production to their disposal. The Special Rapporteur also described the results of the two country missions conducted by his predecessor, in Kyrgyzstan and India.

Kyrgyzstan and India spoke as concerned countries.

With regard to the report on human rights and international solidarity, speakers said that effective international solidarity had to be based on shared responsibility, mutual respect, cooperation and support. Moreover, to achieve solidarity, the spirit of mutual support, cooperation, and respect for national sovereignty had to be at the core of inter-State relations. International solidarity encompassed the values of social justice and equity, goodwill among people and nations and integrity of the international community, sovereign equality among all States and friendly relations between them. In the increasingly interrelated world in which they lived, international solidarity and peaceful coexistence were crucial components for a secure and harmonious global community. The world today was no longer one for donor clubs with privileges but a world for partnership.

On the report on human rights and toxic waste, a number of delegations addressed the problem of the severe negative impacts of the dumping of such waste on the enjoyment of human rights, especially in countries that did not have the capacity to dispose of these wastes in a sound manner. A constructive partnership between developed and developing countries could enhance the capacity of the latter, especially in disposing of toxic wastes in an environmentally sound manner. It was unacceptable that under the guide of donations or to address the digital divide, developing countries were still receiving large amounts of electronic waste. Finally, several delegations expressed their support for the expansion of the Special Rapporteur’s mandate to review and monitor the entire life cycle of hazardous products and not just focus on the transportation and dumping.

Speaking on human rights and international solidarity and human rights and toxic and dangerous waste were India, Kyrgyzstan, Uruguay, Brazil, Pakistan on behalf of the Organization of Islamic Conference, Côte d’Ivoire, European Union, Nigeria on behalf of the African Group, Cuba, Djibouti, Syria on behalf of the Arab Group, Algeria, Indonesia, China, Argentina, Iran, Bangladesh, Iraq, Israel and the United States.

Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery, including its causes and consequences, concluded the interactive dialogue, which started on 14 September in the afternoon, by stating that on the issue of domestic workers, she agreed that introducing domestic legislation was an important step to protecting the human rights of domestic workers. Unfortunately, victims of domestic abuse were oftentimes unaware of their rights.

Amada Benavides de Pérez, Chairperson of the Working Group on the use of mercenaries as a means of impeding the exercise of the right of people's to self determination, in her concluding remarks, said that the broad support for the draft convention on regulating private military and security companies showed that the phenomenon of these companies and their impact on human rights was of worldwide interest and concern.

In the context of the clustered interactive dialogue on contemporary forms of slavery and on mercenaries, speakers raised, among other things, the critical issue of establishing legislative measures, at the national level, to regulate the sector of domestic workers. Firm political will, legislation, and development programmes were required to eradicate poverty and social exclusion, which would contribute significantly to the fight to eliminate this scourge. It was clear that domestic servitude disproportionately affected women and children who suffered many grave violations of their rights. A number of delegations also stated that they were in favour of adopting overall standards, including a convention, to regulate the work and activities of private military and security companies. In this regard, private military and security companies needed to operate within the confines of international law and States should enact national laws to oversee their activities.

Speaking this morning on contemporary forms of slavery were Morocco, Egypt, South Africa, Sudan, Switzerland, Chile and the International Labour Organization. The following national human rights institutions and non-governmental organizations also took the floor: Afghanistan Independent Human Rights Commission, Terre des Hommes, Human Rights Advocates, The Global Alliance against Traffic in Women, Defence for Children International and Association of World Citizens.

The next meeting of the Council will be this afternoon at 3 p.m., when the Council will conclude its clustered interactive dialogue on international solidarity and toxic waste. It will then hold a clustered interactive dialogue with the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and the Independent Expert on the question of human rights and extreme poverty.

Interactive Debate on Contemporary Forms of Slavery and on Mercenaries

OMAR RABI (Morocco) said with regard to the report of the Special Rapporteur on contemporary forms of slavery, it dealt with domestic work, focusing in particular on child labour, with an in-depth analysis of this phenomenon, ensuring recommendations that could help to deal with the problem, and Morocco endorsed her conclusions, in particular legislative measures to be taken at the national level to regulate the sector, and her recommendation that international efforts were also required. Firm political will, legislation, and development programmes were required to eradicate poverty and social exclusion, which would contribute significantly to the fight to eliminate this scourge. Morocco was making considerable efforts in this regard in order to eliminate the economic and social factors linked to the issue. At an international level, Morocco had repeated its position, and was in favour of adopting overall standards, including a convention, and had made suggestions to that end. The work of the Working Group towards a legal instrument regulating the activities of private military and security companies was supported, and Morocco was also in favour of an instrument that would do so.

MAHMOUD AFIFI (Egypt) thanked both the Special Rapporteur on contemporary forms of slavery and the Working Group on mercenaries for their reports and added that it shared the concerns of the Special Rapporteur on the situation of domestic workers. In view of addressing this important issue, Egypt encouraged all stakeholders to cooperate fully with the Special Rapporteur. Regarding the report on private military and security companies, Egypt congratulated the work conducted by the Working Group, both in terms of country visits and regional consultations. Egypt recognized the current lack of and need for an international regulatory framework on private military and security companies. Egypt believed that these companies needed to operate within the confines of international law and contracting parties should be held responsible as well.

KGOMOTSO DAPHNE RAHLAGA (South Africa) said South Africa supported the work undertaken by the Working Group on the use of mercenaries, particularly the work related to the draft elements for a legally binding instrument prohibiting mercenary activities. South Africa had similar legislation that prohibited mercenary activities as well as to register such private military and security companies that undertook mercenary activities in Africa. South Africa was hopeful that the draft elements would contribute to filling the gaps at the international level to facilitate the prosecution of private military and security companies that violated human rights. The responsibility of States to maintain peace and security could not be delegated to such companies. South Africa was hoping that the upcoming visit of the Working Group to the country would assist in understanding the practical challenges of prosecuting persons that had been involved in mercenary activities. That was why South Africa was looking forward to deliberations in the Council on the adoption of the legally binding instrument.

HAMZA OMER HASSAN AHMED (Sudan) said it was necessary to ensure solidarity between all stakeholders in order to eliminate the activities of private military and security companies, and there should be an international draft convention on these companies as this was an international phenomenon. The draft convention should cover human rights violations committed by such companies. Sudan attached considerable importance to such a convention, but believed that mentioning the Rome Statutes in such a draft was unnecessary.

THOMAS HANTER (Switzerland) said that Switzerland was committed to ensuring that private military and security companies respected international humanitarian law as well as human rights. While Switzerland believed that it was important to establish a convention regulating the operation of private military and security companies, it would require international consensus and approval. Switzerland thanked the Working Group for including segments of the Montreux Document, which contained a code of conduct and a compilation of good practices for private military and security companies. Finally, Switzerland thanked the Working Group for the spirit of collaboration in which it had conducted its work.

PEDRO OYARCE (Chile) said that root causes of domestic servitude were related to exclusion and cultural practices which required profound changes. Domestic servitude disproportionately affected women and children who suffered many grave violations of their rights. There was a need to improve national legislation regulating domestic work, while preventive activities were essential to make officials accountable. Chile said it was appropriate to strengthen complementarity between the Special Rapporteur on contemporary forms of slavery and the International Labour Organization in order to strengthen protection measures identified in the report. Concerning the Working Group on the use of mercenaries, Chile said there was a need for continued thinking on the establishment of an international treaty which would provide full protection, and any possible disagreements on this issue must be overcome with dialogue.

MARTIN OLEZ, of the International Labour Office (ILO), thanked the Special Rapporteur on contemporary forms of slavery for her excellent report and the cooperation she had always extended to the ILO. The report was a clear reminder that promoting decent work for domestic workers and combating labour exploitation was a key strategy to eliminate domestic servitude. The report's focus was very timely, and its conclusions gave a clear message: domestic work was real work, and hence, social policies and labour protection should be extended to cover it. Domestic workers, as other workers, should be entitled to enjoy fair and decent working conditions. The conclusions addressed a wide range of issues, including protection against forced labour and child labour, working time, minimum wages, and protection of wages, occupational safety and health and social security, including in respect of maternity. The conclusions were an important achievement, but the ultimate test of success was the International Labour Conference in 2011, which faced the challenge of achieving the broadest possible agreements, and taking final decisions.

KATHARINA ROSE, of Afghanistan Independent Human Rights Commission, welcomed the report and the findings of the country visit by the Working Group on mercenaries to Afghanistan. The Afghanistan Independent Human Rights Commission shared concerns about the misconduct of private military and security companies operating in Afghanistan, along with the worsening problem of corruption. The Commission was also concerned about the capacity of the national Government to monitor the conduct of these private military and security companies. The underlying fear was that if the Afghan Government was unable to effectively regulate these companies, then citizens would continue to lose trust in the strength of the Government.

KADJAC-HAMOUDA, of International Federation Terre des Hommes, said that domestic work was the single largest sector of employment for girls. It was a common household strategy that was often used to reduce costs or to increase income. While this offered opportunities for older children that might not be possible in their own households, it also put children at risk of harsh forms of violence, exploitation and deprived them of educational opportunities. Terre des Hommes ran projects to support domestic child workers in different countries and interventions had produced tangible results at a relatively affordable cost.

AMOL MEHRA, of Human Rights Advocates, said the use of private military and security companies had blossomed in recent years and their use had not been limited to state actors. Governments had objected to their use, and their continued presence in those countries violated international law. The time had come to build an international agreement for those actors and the draft convention elaborated by the Working Group on the use of mercenaries did just that. Human Rights Advocates called on governments to enact national laws to oversee the activities of private military and security companies and to support the draft convention.

CAROLINE HAMES, of Global Alliance against Traffic in Women, said that domestic servitude had received increasing international attention in recent years and the Special Rapporteur on contemporary forms of slavery was the first to raise the issue of treatment of domestic workers by diplomatic personnel. Due to diplomatic immunity, exploited domestic workers were unable to claim protection through legal channels. This protection gap left little or no recourse to justice for domestic workers who had their rights violated whilst in diplomatic employment. Most international discussions on this subject were led by diplomatic personnel and there was some reluctance to tackle this problem. The Global Alliance called on the members of the Council to be pioneers in ensuring the rights of all domestic workers.

VIRGINIA HERRERA MURILLO, of Defence for Children International, said three aspects of minors carrying out domestic work were of fundamental importance: domestic labour was 90 per cent made up of women and adolescents who were open to exploitation and abuse; ILO Convention 138 on the minimum age for work and number 182 on the worst forms of labour must be applied by States, with a comprehensive response to ensure the economic, social and cultural rights of children and their families; making more visible this type of domestic labour and its repercussions was not just a moral issue, but could also save lives and protect many from the worst forms of exploitation and abuse.

GENEVIEVE JOURDAN, of Association of World Citizens, said this was not the first time that the problem of domestic women workers and domestic employees was taken up, in particular with regard to the diplomatic issue, as the issue could come under diplomatic immunity under the Vienna Convention. It could be useful to convene a Working Group to take stock of the situation and undertake action, as it was not a question of one city or one life, but many lives, and up until now, no solution had been proposed. The Philippines was commended for helping its male and female workers by putting an official in every mission who dealt specifically with migrant workers, but more posts should be put into countries to avoid having thousands of people leave their families and their homes. The Special Rapporteur should work together with non-governmental organizations (NGOs) more closely, as for the time being, NGOs found it absolutely impossible to work with the police to deal with situations of women in difficult situations. With regard to mercenaries, most of civil society strongly supported the idea of drawing up a legally-binding treaty, and believed that these companies that were harbingers of damage throughout the world should be brought under international law.

Concluding Remarks

GULNARA SHAHINIAN, Special Rapporteur on Contemporary Forms of Slavery, Including its Causes and Consequences, in her concluding remarks, said that she had taken into account all of the comments made during the interactive dialogue. In response to the questions posed by the delegation of Mauritania, the Special Rapporteur stated that she had included all of their contributions in the report, except for one. In her view, slavery continued to exist in Mauritania, especially in the more remote areas of the country.

On the issue of domestic workers, the Special Rapporteur agreed that introducing domestic legislation was an important step to protecting the rights of domestic workers. Another issue, which deserved the full attention of the Council and its Member States, concerned working visas that tied employees to their work. This should be abolished. Moreover, employment contracts should clearly stipulate working hours and holiday time and should be submitted to official agencies that had the right to visit homes to monitor and review the living conditions of domestic workers. Victims of domestic abuse were oftentimes unaware of their rights. In terms of good practices, the Special Rapporteur invited all interested delegates to participate in a discussion on this topic later today in room XXIV. Finally, in terms of cooperating with the International Labour Organization, she would continue to work closely with them, other United Nations agencies and civil society organizations, all the while ensuring that their work was complimentary and did not overlap.

AMANDA BENAVIDES DE PEREZ, Chairperson of the Working Group on the Use of Mercenaries as a Means of Impeding the Exercise of the Right of People's to Self Determination, in her concluding remarks thanked all the States and non-governmental organizations for their constructive remarks, particularly those supporting the way forward for the regulation of private military and security companies. The broad support that the draft convention received showed that the phenomenon of private military and security companies and their impact on human rights was of worldwide interest and this was encouraging. The Chairperson took note of the reservations expressed by some countries and was surprised by the remarks made by the United Kingdom and the United States that this subject should not have been addressed in this forum. The Working Group had demonstrated that operations of private military and security companies not only had a serious impact on human rights but the Code of Conduct itself had the objective of reinforcing respect for the relative norms of the international law.

The scope of the convention was very broad and the proposal was a draft placed before the States after five years of work. The drafting of the final text would be the work of the open ended group and Ms. de Perez said that the members of the Working Group would be available to support with their experience the work of the open ended group if necessary. Concerning questions related to regional consultations on the draft convention, Ms. de Perez said that those were done with full invitations to all States of the regions concerned. Furthermore, the participation of States was also enabled through written consultations. Ms. de Perez concluded by expressing her pleasure to be invited to the event where the draft convention would be discussed and with broad participation of governments, academia and members of the civil society.

Documents

The Report of the Independent Expert on human rights and international solidarity, Rudi Muhammad Rizki, (A/HRC/15/32), presents a summary of the answers to the questionnaire on human rights and international solidarity sent to States, United Nations departments and bodies, specialized agencies, other international organizations, non-governmental organizations and special procedures mandate holders of the Human Rights Council. The report also identifies salient elements of a conceptual and normative framework for human rights and international solidarity, drawing from the above responses and his review and observations, and highlights significant areas of focus and emerging approaches in international cooperation. In conclusion, the report underlines the value and significance of international solidarity in an interdependent world, and how it may eventually guide the progressive development of international law on human rights and international solidarity.

The Report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, Okechukwu Ibeanu, (A/HRC/15/22), identifies several areas of continued focus for the mandate, as well as two emerging issues that would need to be carefully studied from a human rights perspective. It also provides a critical analysis of the current methods of work of the mandate holder in order to assess to what extent the structure of the mandate is appropriate to enable the Special Rapporteur to carry out his functions and it contains a set of concrete recommendations to the Human Rights Council and the new mandate holder on how to strengthen the mandate of the Special Rapporteur in order to maximize the protection of those individuals and communities that may be adversely affected by the movement and disposal of hazardous products and wastes.

Communications to and from Governments, (A/HRC/15/22/Add.1), contains a summary of communications, on a country-by-country basis, sent by the Special Rapporteur between 1 July 2009 and 30 June 2010, as well as responses from Governments received between 19 August 2009 and 19 August 2010.

Mission to Kyrgyzstan (20 September to 9 October 2009), (A/HRC/15/22/Add.2), summarizes a mission which aimed to examine existing problems related to the movement and dumping of toxic and dangerous products and wastes and their adverse effects on human rights. In particular, the visit focused on three areas: uranium tailings; obsolete or banned pesticides; and mercury waste. During the mission, the Special Rapporteur met with a wide range of government representatives and non-State actors, and visited dump sites or storage facilities for hazardous chemicals or wastes in Orlovka, Kara-Balta and Kant.

Mission to India (11 to 21 January 2010), (A/HRC/15/22/Add.3), details the trip to India, the purpose of which was to examine the adverse effects that hazardous activities, such as ship breaking and the recycling of electrical and electronic waste (e-waste), have on the enjoyment of human rights of countless individuals working in these sectors or living close to the places where these activities take place. During the mission, the Special Rapporteur met with a wide range of Government representatives and non-State actors, and visited an e-waste recycling facility in Roorkee, informal small-scale laboratories for the dismantling and recycling of electronic products at Shastri Park in the suburb of the capital, a facility for the treatment, storage and disposal of hazardous wastes in Ankleshwar, and a number of ship breaking yards in Alang and Mumbai.

Presentation of Reports on Human Rights and International Solidarity and on the Adverse Effects of the Movement and Dumping of Toxic and Dangerous Products and Wastes

RUDI MUHAMMAD RIZKI, Independent Expert on Human Rights and International Solidarity, said his report was divided into two sections: the first contained a summary of the answers to the questionnaire on human rights and international solidarity sent to Member States, United Nations departments, bodies and specialised agencies, international and non-governmental organizations, and Special Procedures mandate holders; the second identified prospective elements of a conceptual and normative framework for human rights and international solidarity, and highlighted potential areas of focus and emerging approaches in international cooperation. In the report’s conclusion, he underlined the value of international solidarity in an interdependent world, and how it could eventually guide the progressive development of international law on human rights and international solidarity. In an increasingly globalising and interdependent world, faced with multiple crises including climate change, global solidarity was seen to be of phenomenal importance. Solidarity required that global issues be addressed collectively in a way that the costs and duties were equitably shared.

Solidarity should be based on the equality and sovereignty of all States, respect for human rights and fundamental freedoms, and peaceful and friendly relations. All countries should ensure that their policies did not contribute to human rights violations in other countries. The world had the means to eradicate poverty, but it was essential that international solidarity permeated the political will to do so. International solidarity and the right to development were complimentary and mutually reinforcing. History bore witness to goodwill and solidarity across the world from the earliest times; however, much more was needed, due to the magnitude and frequency of global as well as local challenges, the increase of natural and man-made disasters, and the continuing rise in poverty and inequality. International solidarity was a pre-condition to human dignity, the basis of all human rights, and had a bridge-building function across all divides and distinctions. Solidarity was central to international law and policy on sustainable development. The report identified primary areas to be addressed: the main concepts and norms which could constitute the basis of a framework; and good practices to inform the future development of law and policy on human rights and international solidarity. Mr. Rizki concluded by calling for human, international and global solidarity, which required strengthened partnership and cooperation among all stakeholders.

CALIN GEORGESCU, Special Rapporteur on the Adverse Effects of the Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, said that his annual report provided a critical review of the scope of the mandate vis-à-vis the norms, standards and principles developed in the field of environmental law to regulate the production, management, trade and disposal of toxic and dangerous products and wastes. In particular the report recommended that the Human Rights Council expand the mandate of the Special Rapporteur, so as to request him/her to monitor the adverse effects of hazardous products and wastes during the whole life cycle, from their production to their disposal.

In the course of the mandate, the Special Rapporteur’s predecessor conducted two country missions last year in Kyrgyzstan and India. The purpose of the mission to the Kyrgyz Republic was to examine steps undertaken by the country to eliminate the serious transboundary threats that uranium tailings, obsolete or banned pesticides and mercury waste posed to the health and the environment of countless individuals and communities living in Central Asia. Despite the progress made, Mr. Ibeanu noted that several challenges continued to exist in the areas of radioactive waste and chemicals management. In January 2010, the previous Special Rapporteur also had the honour to visit India in order to examine the adverse effects that hazardous activities, such as ship-breaking and the recycling of electrical and electronic waste, known as e-waste, had on the enjoyment of human rights of individuals working in these sectors or living close to the places where these activities were taking place. Mr. Ibeanu noted and welcomed the significant progress made by India in developing a comprehensive legal framework to protect human rights and to ensure the environmentally sound management of hazardous products and wastes through their lifespan. However, the health and safety situation prevailing at ship-breaking yards continued to remain critical and, as far as e-waste was concerned, the existing legal framework was insufficient to ensure its environmentally sound management. Finally, with regard to future country visits, the mandate holder had sent requests to the Russian Federation, France and the Republic of the Marshall Islands for a possible joint visit to French Polynesia and the Marshall Islands and said that he would appreciate positive responses from those respective countries.

Statements by Concerned Countries

GOPINATHAN ACHAMKULANGARE (India), speaking as a concerned country, said that India was a party to several multilateral environmental agreements regulating sound management and disposal of toxic waste, while the Supreme Court had contributed to broaden the content of some of the fundamental rights enshrined in the Indian Constitution. India had already ratified a number of relevant International Labour Organization conventions and was giving serious consideration to the possibility of ratifying more. On the issue of ship-breaking, the Special Rapporteur had highlighted the need for better implementation of national legislation on health and safety at ship-breaking yards and India took note of his concerns and remained conscious that notwithstanding the progress, more remained to be done. Considering the growth of e-waste, the Government was encouraging the establishment of more recycling facilities through a public-private partnership model. Regarding the recommendations in the report to expedite adoption of national legislation on e-waste, India said that the government had already published a draft notification which was currently being circulated to obtain comments from all stakeholders. The Indian Government remained committed to enhancing the occupational safety and health environment, including the possible ratification of additional International Labour Organization conventions.

ASHAT RYSKULOV (Kyrgyzstan), speaking as a concerned country, said the results of the visit of the Special Rapporteur's predecessor allowed the international community to understand the scale of the threat, not only to Kyrgyzstan but to the whole region. The Special Rapporteur had a wide-ranging series of meetings with the authorities, heads of Governmental agencies, and representatives of local populations. He also visited various locations of a toxic nature throughout the country, allowing him to assess the progress made and the problems faced by the Government due to transboundary dumping of uranium tailings. The Government was firmly determined to study the recommendations fully, and take the appropriate measures to implement them, as it was doing its utmost to solve the problem of uranium dumps in close cooperation with United Nations institutions and other organizations. The Government was also engaged in negotiations with the donor community and development organizations. Kyrgyzstan had repeatedly voiced its concern and raised the issue of uranium tailing dumps at various levels. The problem of tailing dumps required a comprehensive solution through efforts at the national level, with the broad support of the international community.

Interactive Dialogue on Human Rights and International Solidarity and on the Adverse Effects of the Movement and Dumping of Toxic and Dangerous Products and Wastes

LAURA DUPUY LASSERRE (Uruguay) thanked the Special Rapporteur for his presentation on toxic waste and hazardous products and said that Uruguay was firmly committed to protecting the environment and the health and safety of its citizens. Uruguay agreed with the Special Rapporteur that to properly assess the effects of hazardous and dangerous waste, the mandate needed to take into account all stages of the life cycle of these products and not simply their transportation and disposal. Uruguay therefore supported expanding the mandate as suggested by the Special Rapporteur. Uruguay also supported the drafting of a legally binding document on mercury and said that international mechanisms to address this issue needed to start work.

MARIA LUISA ESCOREL DE MORAES (Brazil) said that international solidarity did not exhaust itself in international cooperation, but was an emerging principle of international law that should inform the international community’s actions to face global challenges. The reality demanded a coherent response from the international community under different areas of the international agenda. South-South approach had a lot to offer for a conceptual and normative framework for human rights and international solidarity. Mutual aid among developing countries tended to arrive at practical solutions departing from similar challenges and realities. Brazil’s “solidarity diplomacy” aimed to make their own experience available to other developing countries and promote economic and social progress without imposing conditions. The world today was no longer the one for donor clubs with privileges but a world for partnership. On toxic waste, Brazil agreed with the Special Rapporteur that e-waste would continue to require the attention of the Human Rights Council. It was unacceptable that under the guide of donations or to address the digital divide, developing countries were still receiving large amounts of electronic waste. Brazil did not share the views of countries that advocated that the environmentally sound management of chemicals would solve the problems posed by toxic waste and could replace the control over transboundary movements.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said effective international solidarity would have to be based on shared responsibility, mutual respect, cooperation and support, and to achieve solidarity, the spirit of mutual support, cooperation, and respect for national sovereignty had to be at the core of inter-State relations. International solidarity encompassed the values of social justice and equity, good-will among people and nations and integrity of the international community, sovereign equality among all States and friendly relations between them. It was necessary to address the core need for justice and equality at the national and international levels, and this was the only long-term, sustainable solution to common challenges faced by the international community. With regard to the report on toxic waste, the movement and dumping of toxic and dangerous products and wastes had a severe negative impact on the enjoyment of human rights, especially in countries that did not have the capacity to dispose of these wastes in a sound manner without jeopardising health and environment standards. A constructive partnership between developed and developing countries could enhance the capacity of the latter, especially in disposing of toxic wastes in an environmentally sound manner.

KOUAKOU KOUADIO (Côte d’Ivoire) thanked the Special Rapporteur for his presentation on toxic waste and hazardous products and their effects. It was obvious that serious study and analysis had been conducted by the Special Rapporteur’s predecessor, Mr. Okechukwu Ibeanu, and the report was greatly appreciated by the delegation. Côte d’Ivoire made two recommendations to the Special Rapporteur. Firstly, it supported the expansion of the mandate to review and monitor the entire life cycle of hazardous products. Secondly, it also supported the development of a set of new guidelines on how to dispose of toxic waste.

JOELLE HIVONNET (European Union) said that waste prevention and management was a top priority in the European Union’s Environment Action Programme 2002-2012. The European Union asked the Special Rapporteur on toxic waste to elaborate on his call to States to consider adopting and implementing voluntary measures to address the negative impacts of ship-breaking. The European Union was currently modernising its e-waste legislation and one of the proposed measures was to set more efficient collection targets by linking them to national consumption rather that to a kg/inhabitant target. The European Union asked for the Special Rapporteur’s views on other methods to be put in place to tackle this problem. Concerning the report of the Independent Expert on human rights and international solidarity, the European Union recognised the importance of international solidarity and placed this concept at the very heart of its external action. It was an important moral principle and a political commitment, but it failed to meet all the requirements of a legal concept and more specifically of a human right. Attempts to formalize international solidarity as a human right would be a rhetoric move, deprived of any legal content and thus of meaning for the people on the ground.

HEBA MOSTAFA RIZK (Egypt) said Egypt appreciated the report of the Independent Expert on human rights and international solidarity and his efforts to create a normative framework for the development of international solidarity, as there was an increased need for this, based on the principles of shared and collective responsibilities, going beyond the need for aid and development. There was a lack of progress in achieving the Millennium Development Goals, and international solidarity could help States to create an enabling environment conducive to the development of rights, including the right to development. The Independent Expert had touched on various issues of concern which impeded the development of international solidarity, and this proved the transcendent nature of the principle of international solidarity, and the Independent Expert should continue his work along the lines of his mandate. With regard to the report of the Special Rapporteur on toxic waste, his mandate acquired greater eminence as the illicit movement and dumping of toxic waste threatened basic rights, including the right to life. His extensive list of recommendations required in-depth analysis and consideration. The new mandate holder should devote more attention to the role of adverse business practices in the movement and dumping of toxic wastes on the enjoyment of human rights.

MOHAMED ACHGALOU (Morocco) expressed Morocco’s solidarity with the people of Pakistan, who continued to suffer from the floods. Morocco supported a draft declaration on international solidarity and also supported a redefinition of the term international solidarity, as suggested by the Independent Expert. This revised definition should draw on the term’s ethical dimension, the common heritage of mankind and on the principles of tolerance and shared responsibility. International solidarity had been an ongoing concern of Moroccan foreign policy and, in this regard, Morocco called for the cancelling of debt for all of Africa’s least developed countries. On the issue of toxic waste and dumping, international cooperation was needed in order to prevent environmental catastrophes and to compensate the victims.

MOHAMMED I. HAIDARA (Nigeria), speaking on behalf of the African Group, said the African Group agreed that the potentially adverse impact of hazardous products and wastes on the enjoyment of human rights had not yet been fully recognised. Significant changes took place in transboundary movement and disposal of hazardous products and wastes, with many developing countries, particularly in Africa, left with the burden of dire economic needs which hindered them from effectively controlling such movements. Hazardous wastes generated in the northern hemisphere continued to be illegally dumped in developing countries when they could not be disposed of in their countries of origin, as the Probo Koala incident proved. Over the years the trend had always been to dump wastes in developing countries and that was why the African Group favoured cooperation between countries to improve the capacities of recipient countries to deal with waste. The African Group took note of recommendations in the report, particularly related to the establishment of human rights-based guidelines in disposal of hazardous products and wastes. Regarding international solidarity, the African Group held the view that the principle and practice of international solidarity should be guided by spirit of mutual support, cooperation and respect for national sovereignty. For nation States to meet up with their human rights obligations and attain Millennium Development Goals it was necessary to continue to promote international solidarity and cooperation. The African Group supported the preparation of a draft declaration on the right of peoples to international solidarity.

MARGARITA VALLE (Cuba) said Cuba considered the role of international solidarity in promoting and protecting human rights in strict compliance with the objectives and principles of the United Nations Charter to be vital, as international solidarity underlay all human rights. Given the present world situation, international solidarity and cooperation were indispensable - it was a duty that could not be shirked by the international community or by Governments, institutions and individuals that were able to share their resources and contribute towards the realization of human rights by all, in particular the right to development of peoples. Cuba reaffirmed that in order to promote the Millennium Development Goals and make progress towards achieving the right to development, there was a need for joint action by the international community and an increase in cooperation and international solidarity. There was a need to develop best practices and guidelines on international solidarity, which could not be confined to providing aid and assistance in situations of disaster - it was a broader concept which included sustainability and peaceful coexistence between States. It should be viewed from a preventive point of view, and not as a reaction to a natural or man-made disaster. Down-to-earth recommendations should be drafted to overcome shortcomings and defects in this regard. Cuba would present a resolution on international solidarity at this session.

AHMED MOHAMED ABBO (Djibouti) expressed Djibouti’s appreciation for the statements made on international solidarity and the presentation of the report on toxic waste. International solidarity was essential and the recent floods in Pakistan were an example of the urgent need for greater international solidarity. The sparse funds collected to assist the people of Pakistan showed that much work was still needed in this particular field. Djibouti also reaffirmed its commitment to working on the issue of transboundary movement and dumping of toxic waste and hazardous products. Djibouti noted the shortcomings pointed out in the report on the Hong Kong Convention on the subject of ship-breaking.

RANIA AL RIFAIY (Syria), speaking on behalf of the Arab Group, thanked the Independent Expert on human rights and international solidarity for the excellent report which highlighted the importance of international cooperation in strengthening state relations. International solidarity was indispensable and enshrined in the principles of human rights; it was a way to ensure that global challenges were properly addressed. The Arab Group shared the view that certain questions in international solidarity needed to be looked at, such as the issue of partnerships and sustainable development. International solidarity must be based on respect of rights and respect of diversity, which would serve the interest of national sovereignty. The Arab Group wished to see everyone expressing their solidarity on just questions, such as that of the Occupied Palestinian Territories. Furthermore, States must combat impunity of criminal and terrorist groups and stop paying ransom, in line with the Security Council resolution. International solidarity and compassion must be a part of efforts to control the movement and dumping of toxic waste and the Arab Group suggested that those issues be further investigated by the Special Rapporteur.

IDRISS JAZAIRY (Algeria) said the report on international solidarity showed once again that this was a principle that found its roots in a number of fundamental international human rights texts, and was a prerequisite for the preservation of human dignity, which underpinned all human rights. Algeria worked to strengthen international solidarity and to establish friendly relations with other States. In the interdependent world, international solidarity had a crucial role to play in resolving problems and ensuring the achievement of crucial rights such as the right to development, and thus a normative framework for international solidarity was fully supported by Algeria. States should refrain from requiring that other States extend impunity to those who attacked human rights, such as terrorists, and should refrain themselves from paying ransoms to these groups, allowing them to extend their depredations on the right to life. The mandate on toxic waste had avoided the pitfall of the protection measures of the international legal framework on environmental law, and the recommendation to expand the mandate was supported. Algeria supported the proposal to develop guidelines on human rights approaches to be applied during the movement and storing of toxic waste.

Mr. A.E. ARBY (Indonesia) said that the Independent Expert’s findings on human rights and solidarity were both informative and thought-provoking. Indonesia firmly believed that, in the increasingly interrelated world, international solidarity and peaceful coexistence were crucial components for a secure and harmonious global community. As a country made up of over 230 million people and 17,000 islands, Indonesia fully understood the importance of cooperation, mutual respect and social justice. On the issue of human rights and toxic waste, Indonesia was concerned after learning that the irresponsible practice of dumping hazardous waste was still ongoing. In this age of international cooperation and improved technology, it was surely time that the international community came up with safer, just and more human rights oriented solutions to this problem.

XU JING (China) thanked the Special Rapporteur on toxic waste for his report and introductory remarks. China paid great attention to environmental protection and had developed legal regulations governing the handling of hazardous products and wastes. The Government was trying to avoid the trodden path of polluting first and cleaning later and economic development at the expense of the environment. China had vigorously increased waste recycling facilities and paid attention to resolving environmental problems that were causing serious health problems, such as heavy metals. Over the past six years there were new trends in the movement of waste, such as the increase in e-waste and the movement of waste between developing countries. The Chinese Government supported the new Special Rapporteur in the study of those new trends and hoped to receive the recommendations and measures to deal with those new trends and issues. China endorsed the view of the Independent Expert on human rights and international solidarity that international solidarity should be the principle of international relations. It should be based on equality and sovereignty of all countries and all countries must share the cost and burden of dealing with global challenges, such as dealing with natural disasters, humanitarian assistance and the achievement of Millennium Development Goals. International solidarity should not be limited to charity and assistance, rather, it was a comprehensive concept that included peaceful and comprehensive coexistence in a harmonious world. China supported the Independent Expert in his efforts to improve the definition of international solidarity and for the formulation of a declaration or legal norms.

GONZALO M. JORDAN (Argentina) said Argentina was concerned about manufactured goods which proved, when used, or after a short period of time, to have defects making them useless or dangerous due to the poor quality of materials used in their manufacture, with recycled toxic materials used therein. The illicit trafficking of hospital waste was also a matter for concern. With regard to international solidarity, the report was appreciated, and Argentina shared the idea of international solidarity as a principle of international law, based on the three pillars of the United Nations Charter. It could not be limited to assistance and international cooperation or aid - it was a broader concept that was rooted in human dignity, and included peaceful coexistence between all members of humanity.

MOHAMMAD REZA GHAEBI (Iran) said that international assistance and cooperation should be oriented as a matter of priority toward the realization of all human rights, in particular economic, social and cultural rights and internationally agreed goals such as the Millennium Development Goals and the Declaration on the Right to Development. It was also crucial to identify and differentiate, in depth, the responsibilities that could be assigned to States, international organizations and non-state actors in reference to international assistance and cooperation, based on shared responsibility, mutual respect, cooperation, support and full respect for national sovereignty. Finally, Iran supported the position of the Independent Expert that international solidarity encompassed the values of social justice and equity, goodwill among people and nations and integrity of the international community.

NAHIDA SOBHAN (Bangladesh) said international solidarity was a key catalyst in solving many challenges and dire situations from which a major part of the global population was suffering. A number of international treaties recognised that the international community should promote effective international cooperation and equitable economic relations at the international level. In practice however, there was a lack of commitment and adequate action to comply with the obligations enshrined in those instruments. The lack of political will of the developed actors of the international community caused the failure of development assistance. In 2009, only five countries had reached or exceeded the United Nations official development assistance of 0.7 per cent of gross national income. International solidarity meant not only charity or assistance, but also refraining from doing harm or posing obstacles to the greater well-being of others. Concerning the movements of hazardous products and wastes, Bangladesh said that in most cases the developing countries were the destination of millions of tons of waste and such dumping posed serious threats to the enjoyment of human rights. Bangladesh was concerned about e-waste and hoped the Council would remain seized on the subject.

HUSSAIN AL-ZUHHAIRY (Iraq) said nuclear waste dumps were dangerous, with adverse consequences on human health and the environment. The adverse effects of dumping of toxic waste also affected the health of future generations, and thus ran counter to the Universal Declaration of Human Rights. The Ministry of the Environment of Iraq had developed a programme to protect the infrastructure and clean up the war debris, working in cooperation with international institutions to achieve an environment that was free from threats. The work done by the Special Rapporteur was thus appreciated, as was the work of those who worked for a clean environment that did not impinge negatively on human health. International solidarity was a principle that upheld human rights, and would ensure that the world could cope even better with disasters and all the injustices affecting mankind.

WALID ABU-HAYA (Israel) said that Israel had implemented measures and supported all efforts to prevent environmental degradation and its real effects on the realization of human rights. The State of Israel fully complied with the provisions of the Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal. In a country with unique demographic conditions, Israel had adopted a “cradle to grave” approach to the management of hazardous substances. On its policy of hazardous wastes, Israel followed the 3R approach, namely to reduce, reuse and recycle waste. In addition, Israel had begun to promote a life-cycle paradigm in a shift from waste management to materials management.

MARK CASSAYRE (United States) said that the United States noted with interest the report of the Independent Expert on human rights and international solidarity, in which he addressed international solidarity as a response to global challenges, in particular humanitarian assistance in natural disasters and the necessity to receive timely and dignified humanitarian assistance. In the months since the last Council, the world had witnessed devastating disasters including the floods in Pakistan, and once again, the international community was taking concerted action to help those in need. The United States would continue to be at the forefront in providing humanitarian assistance and it would continue to be one of its highest priorities. The United States supported the mandate of the Special Rapporteur on toxic waste and said that the Government had been involved in international efforts to address the negative environmental and human health impacts of ship-breaking, e-waste and other hazardous chemicals. The United States cautioned against extending this mandate beyond what was agreed to in Human Rights Council resolutions.

For use of the information media; not an official record

HRC10/093E