HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE ON CONTEMPORARY FORMS OF SLAVERY AND ON TOXIC WASTES

The Human Rights Council this morning held a clustered interactive dialogue with the Special Rapporteur on contemporary forms of slavery 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 heard an address by the Vice President of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.

Gulnara Shahinian, Special Rapporteur on contemporary forms of slavery, said that the main challenges to be addressed when combating slavery could be categorized into five key areas: awareness raising, legislation, discrimination, rehabilitation and financial and technical assistance programmes. Lack of awareness was a significant issue, as Ms. Shahinian that only 20 per cent of all forced labour was an outcome of trafficking and that much remained to be done with respect to the other 80 per cent of the victims of forced labour involved in the informal sector, in supply chains and export processing zones and within indigenous or minority populations in rural areas. The Special Rapporteur said that legislation prohibiting slavery was often vague without specific prohibitions on slavery practices and that the victims of slavery were often discriminated against because they belonged to indigenous groups or were asylum seekers, refugees, irregular and smuggled migrants. Ms. Shahinian recommended that States proactively investigate and prosecute crimes committed around mines and quarries and provide compensation and adequate rehabilitation and reintegration for children.

Calin Georgescu, Special Rapportuer on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, said that at present certain hazardous wastes generated in the North continued to be illegally dumped in developing counties and increasingly between developing countries themselves. Many human rights violations derived from the inappropriate generation, management or use to toxic wastes rather than from their movement or disposal. Concerning hazardous health-care waste, medical waste was often mixed with general household waste and either disposed of in municipal waste facilities or dumped illegally. While a number of international environmental treaties regulated the management and disposal of medical waste, the international community had not yet elaborated a comprehensive framework to regulate the sound handling, transport and disposal of hazardous waste generated by hospitals and health-care facilities. The Special Rapporteur recommended raising awareness of risks; developing a comprehensive international legal framework; and replacing incineration as a disposal method.

Virginia Murillo, Vice President of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, also addressed the meeting, explaining that the Voluntary Fund was established to set aside money for the purpose of providing, through established channels of assistance, humanitarian, legal and financial aid to individuals who were victims of contemporary forms of slavery. In 2006, the Fund received 89 requests, in 2010 243 requests and to the present in 2011 436 requests of grants for total value of $ 6 million. At the same time the amount of contributions to the Fund had decreased by 50 per cent resulting in the Fund not being able to respond to all requests. Ms. Murillo encouraged all Member States to contribute to the Voluntary Fund before the end of the current year.

Romania, Peru and Poland spoke as concerned countries.

In the interactive dialogue, speakers said that exploitation of child labour in the mining and quarrying sector amounted to forced labor and in some cases there was a combination of physical, psychological, economic and sexual exploitation. In addition, inappropriate working conditions created risks to children’s health such as spinal injuries, respiratory illnesses and contamination by mercury. Speakers asked the Special Rapporteur to identify best practice examples on how to combat contemporary forms of slavery.

On the movement and dumping of toxic and dangerous products wastes on the enjoyment of human rights, speakers asked what could be done to make Governments more aware that the absence of proper schemes for disposing of toxic waste, including medical waste, could seriously affect the enjoyment of the right to health. Some speakers said the elaboration of a new framework was inappropriate as the Strategic Approach to International Chemical Management was another forum where these issues could be addressed.

Speaking in the interactive dialogue were the Holy See, Brazil, Austria, the European Union, the United Kingdom, the United States, Uruguay, Venezuela, Algeria, Kyrgyzstan, Iran, Egypt, Ecuador, Cuba, Pakistan on behalf of the Organization of the Islamic Conference, Costa Rica, Indonesia, South Africa, Morocco, Romania, Côte d’Ivoire on behalf of the African Group, China, Botswana, Norway and the United Nations Children’s Fund.

The following non-governmental organizations also took the floor Franciscans International and Sudwind.

The Human Rights Council will reconvene this afternoon at 3 p.m. when it will hold a panel on the realization of the right to development.

Documentation

The Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Gulnara Shahinian, (A/HRC/18/30), provides an overview of the Special Rapporteur’s activities and focuses on child slavery in the artisanal mining and quarrying sector.

Corrigendum, (A/HRC/18/30/Corr.1), includes corrections to the report.

Mission to Romania, 13 to 17 December 2010, (A/HRC/18/30/Add.1), presents information on the existing legislation, institutional mechanisms, programmes, plans and activities aimed at preventing, combating and eradicating contemporary forms of slavery, its causes and consequences, in light of international human rights standards. The report also highlights achievements and promising measures to eradicate contemporary forms of slavery as well as the worst forms of child labour and draws attention to major challenges. The report also makes recommendations to further address the worst forms of child labour, to prevent slavery-like situations among non-European Union country migrant workers, Romanian migrant workers and victims of trafficking in human beings for forced labour or sexual exploitation and to respond to risks indicating increased vulnerabilities to exploitation and slave-like situations.

Mission to Peru, 9 to 20 May 2011, (A/HRC/18/30/Add.2), includes information on existing legislation, institutional mechanisms, programmes, plans and activities aimed at combating contemporary forms of slavery, and highlights positive measures. She also draws attention to major challenges and makes recommendations on how to address legislative gaps, to strengthen enforcement of the law and institutional capacity, to intensify measures to address the worst forms of child labour, economic exploitation and domestic servitude of children, and to provide effective remedies to victims of contemporary forms of slavery.

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, Calin Georgescu, (A/HRC/18/31), focuses on the adverse effects that the unsound management and disposal of medical waste may have on the enjoyment of human rights.

Mission to Poland, (A/HRC/18/31/Add.2), is the report of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and waste on the enjoyment of human rights Calin Georgescu, who conducted a country visit to Poland, at the invitation of the government, from 25 to 31 May 2011. The Special Rapporteur focused in particular on the measures taken by Poland to guarantee, in accordance with the Aarhus Convention, the right of access to information, public participation in decision making and access to justice in environmental matters. The Special Rapporteur welcomed the significant progress made by Poland in protecting its people from the adverse impact that hazardous chemicals and toxic wastes may have on the effective enjoyment of human rights. Poland is party to a number of international and regional human rights treaties and multilateral environmental agreements, and had developed an impressive legal and institutional framework to ensure the environmentally sound management of toxic and dangerous products and wastes throughout their life cycle. The report concludes that despite the progress made, there are still a number of challenges in the field of chemicals and waste management that need to be addressed in order to minimize the risks that hazardous chemicals and toxic waste pose to the effective enjoyment of human rights, and the Special Rapporteur makes a number of recommendations.

Presentations

GULNARA SHAHINIAN Special Rapporteur on contemporary forms of slavery, said she would share with the Council the main challenges to be addressed when combating contemporary forms of slavery. She categorized these challenges in five main groups: awareness raising, legislation, discrimination, rehabilitation and programmes. Lack of awareness was often perceived as the easiest to address. It was key in combating contemporary forms of slavery. Understanding of what constituted contemporary forms of slavery required study, attention and action. Much attention had been placed on combating trafficking and while commending efforts made in this area the Special Rapporteur noted that only 20 per cent of all forced labour was an outcome of trafficking. Much remained to be done with respect to the other 80 per cent of the victims of forced labour who may work in the informal sector, in supply chains and export processing zones and within indigenous or minority populations and in rural areas. Victims of contemporary forms of slavery had very little information about their rights and less on avenues of redress. Governments should put in place public awareness raising campaigns that addressed what constituted contemporary forms of slavery

Offences relating to slavery like practices were criminalized under the general penal or criminal code. Legislation prohibiting slavery was often too vague. The lack of specific prohibiting legislation made it difficult to take prompt action and enforce legislation. The punishment must be commensurate to the crime so the law acted as a deterrent. There needed to be sufficient training and resources to implement legislation. Those discriminated against as a result of race, colour ethnicity and caste were socially excluded and more vulnerable. Vulnerable groups were often unaware of their rights as workers. Victims required assistance to help them recover and promote reintegration. It was the duty of Member States to elaborate plans and programmes such as shelter and drop in centres aimed specifically at victims of contemporary forms of slavery. Rehabilitation and reintegration should also include providing victims with alternative livelihood and new job skills through the provision of training and education programmes. Effective combating of contemporary forms of slavery required the support of all stakeholders. Collaboration should start at a local level supported by national plans of action.

Ms. Shahinian said the task was not easy and in the next few years the Special Rapporteur hoped to use indicators to allow Member States to easily identify the attributes of contemporary forms of slavery, and create an environment with the necessary legal structure and programmes to put in place to prevent slavery.

The Special Rapporteur briefed the Human Rights Council on her visit to Romania and Peru. The Special Rapporteur went to Romania and discussed contemporary forms of slavery with government officials, civil society actors and children who highlighted the situation of children exploited for economic and sexual purposes. Children of particular concern were those living and working on the streets. These children worked in very difficult conditions and an unsafe environment. They were forced to beg and perform activities such as washing cars, selling small goods or even prostituting themselves. The majority dropped out of school at an early age. The Government had carried out successful programmes to combat slavery like practices. However, the economic downturn had provided new challenges but the situation offered the Government an opportunity to rethink and reprioritize in order to better implant measures that protected the rights of children and adults.

On the Special Rapporteur’s visit to Peru, she met men and boys who had been or were victims of forced and bonded labour in illegal logging and informal mining. Indigenous communities were contracted to provide timber from their own land, and timber bosses hired indigenous and mestizo men to work in the camps. Deception was used to trap workers in a cycle of debt passed down generations. The Government of Peru needed to strengthen labour legislation and the penal code so as to adequately prevent and prosecute cases of contemporary forms of slavery.
Domestic servitude was another subject of concern. Girls and young women felt unable to report physical sexual and economic abuse. Domestic workers were viewed as second class citizens. Programmes and legislation that focused on the victims of domestic servitude were needed.

The Special Rapporteur said her thematic report focused on child slavery in small scale mining and quarrying. Children working in artisanal mining had no other choice but to work as families were in desperate need of income. Employers had physical and psychological power over the children. Boys and girls were exposed to highly toxic chemicals, and had to stand, dive or squat for long hours. They had to use tools and safety equipment designed for adults. The majority were boys who worked in this sector starting from the age of three. Girls normally started doing the same tasks as boys but as they grew older they ended up also performing domestic household tasks. Unaccompanied girls were vulnerable to rape and sexual exploitation and consequently HIV.

There were a few basic measures that States could undertake to prevent child slavery in artisanal mining and quarrying. States must include explicit and broad prohibition in their legislation on children working in all types of mining and quarrying. They should include also proactively investigate and prosecute crimes committed around mines and quarries such as the sexual exploitation of children. Compensation and adequate rehabilitation and reintegration should be provided.

VIRGINIA MURILLO, Vice President of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, said that the Fund was established by the United Nations to set aside money for the purpose of providing, through established channels of assistance, humanitarian, legal and financial aid to individuals who were victims of contemporary forms of slavery. Since 1997 the fund had been an effective and powerful mechanism in the fight against slavery. Small grants of a maximum of $ 15,000 were awarded to non-governmental organizations so they could contribute to the work of the Special Rapporteur on contemporary forms of slavery. In 2011, the fund celebrated its twentieth anniversary. In 2006, the Fund received 89 requests, in 2010 243 requests and to the present in 2011 436 requests of grants with total value of $ 6 million. At the same time the amount of contributions to the Fund decreased by 50 per cent resulting in the Fund not being able to respond to all requests. Ms. Murillo encouraged all Member States to contribute to the Voluntary Fund before the end of the current year and reminded delegates that a reception would be held this evening at 6 p.m. in the gallery outside for a photographic exposition, ‘Breaking Free from Slavery’.

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 at present certain hazardous wastes generated in the North continued to be illegally dumped in developing counties and increasingly between developing countries themselves. The Council had recognized that the management and disposal of toxic and dangerous waste had become a global problem and its resolution 9/1 decided to strengthen the mandate of the Special Rapporteur so as to include all types of movement and dumping of toxic and dangerous products and wastes. Many human rights violations related to toxic and dangerous products and wastes derived from their inappropriate generation, management or use, rather than from their movement or disposal. While the mandate entrusted by the Council already included, although implicitly, these aspects, it would be appropriate that the Council considered modifying the title of the mandate so as to entrust explicitly the Special Rapporteur the task of monitoring the adverse effects of hazardous products and wastes during the whole life cycle, from production to disposal as former Special Rapporteur, Okey Ibeanu, had previously proposed.

Concerning hazardous health-care waste, including infectious waste, anatomical and pathological waste, obsolete or expired chemical products and pharmaceuticals and radioactive materials, significant challenges persisted with regard to the proper management and disposal. Medical waste was often mixed with the general household waste and either disposed of in municipal waste facilities or dumped illegally. While a number of international environmental treaties regulated specific aspects of the management and disposal of this particular type of waste, the international community had not yet elaborated a comprehensive framework to regulate the sound handling, transport and disposal of hazardous waste generated by hospitals and health-care facilities. The report contained a number of recommendations addressed to all relevant stakeholders, including raising awareness of risks; developing a comprehensive international legal framework; and replacing incineration as a disposal method.

Concerning the mission undertaken by the Special Rapporteur to Poland from 25 to 31 May 2011, Poland had made significant progress in protecting its people and had developed an impressive legal and institutional framework to ensure the environmentally sound management of toxic and dangerous products and wastes. Additional efforts were needed to bring national legislation on waste and chemical management in compliance with international human rights standards and environmental regulations. The existing legal framework should be strengthened by developing specific provisions on specific types of hazardous waste and the municipal waste management system needed significant improvement. Information on chemicals and waste management was not always accessible and there seemed to be a general lack of public awareness. More needed to be done to ensure public participation in the design and implementation of legislation and policies concerning chemicals and waste management.

Statements by Concerned Countries

MARIA CIOBANU (Romania), speaking as a concerned county, said that it was an appalling reality that millions of people were still subject to slavery in the world. Lack of education, poverty and gender inequalities and discrimination were the root causes of slavery and must all be tackled by governments. The Romanian authorities were open to engage in a frank dialogue with the Special Rapporteur, regarding child labour and migrant workers during the Rapporteur’s visit. Romania said that there were instances of child labour cases in the country, notably in the areas of farm labour, child begging and by those children left behind from parents who had gone abroad to work. Based on collaboration with the International Labor Organization, the Government had put in place a data collection system on children. Recent policy reforms had resulted in new coordination mechanisms within the national framework of the Government. Non-governmental organizations working on children’s rights had had a great impact on this area and the Government had encouraged the development of public private partnerships to address forced child labour. Concerning migrant workers, the Government recognized the need for greater attention in this area. A new Labour Code had introduced harsher fines for employers who refused labour inspections. Romania noted the need for developing the child labour monitoring system in rural areas, the requirement for greater training and a regular review of plans and developments in this field. Romania would continue to work with the Special Rapporteur and would follow up the recommendations in the Rapporteur’s report.

FERNANDO ROJAS SAMANEZ (Peru), speaking as a concerned country, said that as the Special Rapporteur made clear in her report she was able to work with freedom throughout the country. Concerning the root causes of contemporary forms of slavery, these should be analyzed in the context of poverty and exclusion. The Government was committed to eradicating social exclusion and strengthening dialogue with indigenous people, through the creation of a Ministry to promote social development and create more opportunities for Peruvian citizens. As part of this commitment the President had recently promulgated a law promoting consultations with indigenous peoples and reflected the commitment of the Government to protect the rights of indigenous people and to consolidate a more just society. The minimum wage was also increased as part of a set of measures directed at addressing informal area. The Government had also provided additional benefits and coverage to more households and created a pension system of cash transfers for elderly people living in poverty. Concerning the issue of forced labour there was a national commission tasked with implementing the national plan for tackling forced labour. A special group for labour inspections was also created to uncover instances of forced labour. Instances of forced labour, often linked to informal practices of gold-mining and logging, persisted, violating human rights and leading to serious environmental consequences and rights violations. The Government had implemented various measures to address the phenomenon of forced labour and child labour in mining and logging. Multisectoral cooperation among regional committees in the counties had been pursued working to prevent child labour. The Government sought to ensure that the number of children not registered at birth was reduced. The Government had also promulgated laws criminalizing human trafficking and provided protection and support to victims. The International Labour Organization Convention on Domestic Workers was currently in the process of ratification and it would improve the conditions of domestic workers in Peru. The report of the Special Rapporteur had contributed a significant list of issues and her report provided useful tools to strengthen the efforts of the Government.

REMIGIUSZ A. HENCZEL (Poland), speaking as a concerned country, said environmental protection was bound legally through the constitution to human rights. The 2001 law on the protection of the environment and another on wastes sought to resolve problems posed by waste and concerned directly the issues studied by the Special Rapporteur. Poland thanked the Special Rapporteur for his visit and noted he had met with high level dignitaries, agencies and civil society actors involved in the process of dealing with toxic waste. Poland expressed its appreciation for the report of the Special Rapporteur and said it was introducing new legal regulations and achieving high standards of human right protection. Poland considered the visit of the Special Rapporteur to be valuable in this regard. They had prepared a full report of their comments, concerns and proposals regarding the Special Rapporteur’s report and would make it available to all interested parties.

Interactive Dialogue

SILVANO M. TOMASI (Holy See) said that the trade in human beings, especially of women and children, had become a powerful global business involving many countries of origin, transit and destination. The victims of trafficking in persons were estimated at almost 3 million individuals a year with an annual income of $ 30 billion. Laws and conventions needed to be adequately applied if trafficking was to be stopped and its victims protected. Prevention should be prioritized by eliminating the demand of sexual services and the creation of a new culture where interpersonal relations between men and women were based on reciprocal respect and not on merchandizing the body.

CIRO LEAL MARTINS DA CUNHA (Brazil) said that Brazil was concerned about the exploitation of child labour in the mining and quarrying sector, especially when that amounted to forced labour. In some cases there was a combination of physical, psychological, economic and sexual exploitation. Inappropriate working conditions created risks to children’s health such as spinal injuries, respiratory illnesses and contamination by mercury. Unfortunately, child labour in mining and quarrying occurred in nearly all continents of the world. Brazil attached priority to the implementation of existing international labour standards, particularly the fundamental conventions. Considering that the International Labour Organization (ILO) had specific instruments and documents dealing with the mining sector, Brazil asked the Special Rapporteur to comment on possible synergies between her mandate and the International Labour Organization bodies in charge of reviewing implementation. Brazil was fully engaged in international efforts against child exploitation and forced labour. The recently approved ILO Convention on Domestic Work could be helpful in combating child exploitation in domestic settings where it was relatively common.

CHRISTIAN STROHEL (Austria) said Austria shared the view of the Special Rapporteur that children involved in mining were subjected to a series of violations and were often in conditions that amounted to contemporary forms of slavery. The protection of children was one of Austria’s priorities. Children who were victims of trafficking were of particular concern. Austria had created a working group on child trafficking. Austria asked for more information on middlemen taking children to mines referred to in her report. States should ensure that the best interests of the child were paramount at all times. Austria asked the Special Rapporteur to identify best practice examples she may have seen in country visits. Austria would host a side event tomorrow entitled Domestic Servitude a hidden crime and would share best practices. National initiatives would be presented. Governments, international organizations and non-governmental organizations would be on the panel and Austria was happy about the participation of the Special Rapporteur in this event.

JOELLE HIVONNET (European Union) said that the Special Rapporteur on contemporary forms of slavery had recommended that Governments should adopt legislation that prohibited children from working in mines in the formal and informal sectors and asked her to provide examples of legislation which had recently been adopted and which had proved effective in combating child slavery in the mining sector. The European Union attached great importance to follow up by States in relation to visits of all Special Procedures, and asked if the Special Rapporteur on contemporary forms of slavery could provide information on what follow up activities or country visits had occurred and what major challenges were faced. Concerning toxic waste, the European Union asked what could be done to make Governments more aware that the absence of proper schemes for disposing of toxic waste, including medical waste, could seriously affect the enjoyment of the right to health.

BOB LAST (United Kingdom) said that when the United Kingdom decided to seek the creation of a Special Rapporteur on contemporary forms of slavery it was in the hope that such a mandate would shine a light on those situations of extreme vulnerability which otherwise escaped notice. The report on the artisanal mining and quarrying sectors presented by the Special Rapporteur cited harrowing cases of children in conditions of slavery, cut off from the outside world and without any recourse to protection either from national support structure or international mechanisms. The United Kingdom asked whether the Special Rapporteur on contemporary forms of slavery intended to engage with the new working group on business and human rights to raise the issues highlighted in her most recent report with the aim of addressing abuses in the extractive industries sector.

OSMAN TAT (United States) said children were one of the world’s most precious resources. The Protocol to Prevent, Suppress and Punish Trafficking was one of the more recent international treaties to combat the compelled service of a person by another. Trafficking was not about the movement but the use of fraud, force or coercion over a person for the purpose of exploitation. Had the Special Rapporteur found an example of a government successfully prosecuting a mining company?
The United States had participated in a number of international forums working to address negative environmental and human impacts from improperly managed medical waste, including within the framework of the Basel Convention. A priority was strengthening the effective implementation of existing conventions. The United States considered the elaboration of a new framework inappropriate. The Strategic Approach to International Chemical Management was another forum where this may be addressed. The Strategic Approach to International Chemical Management brought together governments and stakeholders and had already discussed medical waste. The United States was involved in negotiating a robust instrument that would produce meaningful reduction in mercury pollution.

LUCIA TRUCILLO (Uruguay) said that concerning the recommendations made by the Special Rapporteur on contemporary slavery, Uruguay supported educational efforts to reduce child labour and asked how Governments could establish an effective reporting system for victims of trafficking. Uruguay agreed that dangerous medical waste should be separated from other wastes and asked what measures the Special Rapporteur on toxic waste would recommend for providing technical assistance to developing countries in supporting their work in the area of toxic waste.

KSENIA GLEBOVA, of the United Nations Children's Fund (UNICEF), welcomed the emphasis on social protection programmes that supported the resilience of vulnerable households to shock and highlighted the urgent need for protective legislation for the realization of the rights of children working in the artisanal mining and quarrying sectors. UNICEF noted alternative initiatives and efforts to regulate the supply chain in this sector by introducing human rights based standards, certification and traceability of produced minerals. UNICEF urged Member States to strengthen and regularize monitoring systems for supply chain monitoring in the mining and quarrying sector. Given the general absence of reliable data, any certification process must require substantive investment. UNICEF urged States to support the implementation of the Ruggie Framework and to ensure that children working in mines and quarries had access to alternative education and vocational training that enabled to balance the needs of survival and family welfare as well as free medical care.

EDGARDO TORO CARRENO (Venezuela) said that many children who were victims of contemporary forms of slavery worked in the artisanal mining sector. The Constitution of Venezuela forbade all working practices that could lead to slavery or child exploitation. A lack of legislation and adequate classification in addition to a deficit of public awareness on the conditions of children working in the mining sector were all factors to overcome in the fight against contemporary forms of slavery.

IDRISS JAZAIRY (Algeria) said the report of the Special Rapporteur on contemporary forms of slavery described in detail the deplorable conditions of children as they suffered from exploitation and were exposed to illness and disease in relation to their poor working conditions. Root causes which led to child slavery in mining and quarrying sectors should be addressed. There was a need for strategies and policies which effectively protected children from economic exploitation and from performing work that could harm their rights to health and education. Algeria commended the report of the Special Rapporteur on toxic and dangerous products and wastes. The mandate should be renewed and the scope extended. The report comprehensively addressed the issue. Medical waste carried serious risks to human rights and the environment. The lack of resources in developing countries constituted a significant obstacle. Technical assistance, including the transfer of scientific and technical knowledge as well as technology, and capacity building were necessary. Given that relevant international organizations should already be providing technical assistance and support in this area, as well as a regulatory and policy framework, Algeria asked what specific added-value the Council could provide in this area.

ALMASH ALTYMYSHEVA (Kyrgyzstan) said Kyrgyzstan was aware of the importance to take steps to improve the management of medical waste. Kyrgyzstan had adopted a target programme that included WHO recommendations and had carried out pilot projects in Bishkek. A round table noted the success of the pilot project and noted the relevance of taking decisions regarding waste handling. Implementation of the plan would require serous financial investment. Kyrgyzstan urged support for developing countries so that they could make use of the practices in the report. In 2009 Kyrgyzstan supported a country visit by the Special Rapporteur and the results of this visit made it possible for the international community to understand the problems facing the country which concerned significant ecological problems, including waste which was of great threat not only to those in Kyrgyzstan but to Central Asia as a whole. Kyrgyzstan would like the Special Representative to continue to look at these areas.

MOHAMMAD REZA GHAEBI (Iran) said Iran concurred with the Special Rapporteur on contemporary forms of slavery that conditions faced by children working in mines and quarries could be described as contemporary forms of slavery and agreed with her that States should adopt legislation that prohibited children working in both the formal and informal sector. Iran noted with concern that the Special Rapporteur on contemporary forms of slavery had not dealt with imbalances in place at the international level. Iran agreed that a multi-stakeholder approach at all levels was required to combat child slavery in the mining and quarrying sector.

BASEL SALAH AHMAD (Egypt) welcomed the reports of the Special Rapporteur on contemporary forms of slavery. Concerning the report on contemporary forms of slavery, Egypt shared the Special Rapporteur’s concerns on the work of children in the mining sector and noted that mines and quarries were often in distant areas which made regulation difficult. Egypt encouraged different stakeholders, including governments, United Nations agencies and non-governmental organizations, to cooperate with the Special Rapporteur.

ALFONSO MORALES (Ecuador) thanked the Special Rapporteur on contemporary forms of slavery for her visit to Ecuador last year. Ecuador had taken due note of the recommendations made and had redoubled the efforts it was already making. Contemporary forms of slavery occurred mainly in rural areas that made it difficulty to ensure oversight. The Ecuadorian Government was concerned by this serious social problem. It was updating legislation and prohibiting all illegal mining activities. The police forces had identified and cleared illegal mining sites that may have had working conditions that comprised contemporary forms of slavery. Regarding the contemporary forms of slavery of children in the mining trade, Ecuador had signed all international instruments in this area. Poverty was one of the main reasons that caused children to undertake such work. Fighting for equality of opportunity and freedom from poverty was one of the pillars of the Government of Ecuador. Ecuador reaffirmed its political will in the defense of human rights of children in line with the Convention of the Rights of the Child.

PABLO BERITI OLIVA (Cuba) said that Cuba paid great attention to the issue of contemporary forms of slavery and particularly to child labour. Most victims of child slavery were children living in the global South that lacked protections and economic and social opportunities due to the unequal global order. Cuba appreciated that the Special Rapporteur on contemporary forms of slavery had noted the role of the current economic and financial crisis on contributing to child labour and contemporary forms of slavery. Could the Special Rapporteur on toxic waste provide more detail on the measures required to tackle this issue?

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that Special Rapporteur on contemporary forms of slavery, while identifying root causes and aggravating factors that had led to child slavery in the mining and quarrying sector, had attempted to underline the international dimensions in her report. The Organization of the Islamic Conference noted with concern that the Special Rapporteur addressed imbalances in place at the international level that had meant that historically, developing countries had not had the appropriate means to foster their comprehensive development. Vulnerable people in developing countries continued to be employed in exploitative sectors. Children working in mining and quarrying were exposed to dangers concerning their physical and emotional well-being. A multi-stakeholder approach at all levels was required to combat child slavery in all sectors. Concerning the report of the Special Rapporteur on toxic and dangerous products and wastes, the Organization of the Islamic Conference agreed that improper management and disposal of medical waste continued to pose a significant threat to the enjoyment of several human rights, including that to life and highest attainable standard of health. The main obstacle remained the limited funding available to public health authorities. The Organization of the Islamic Conference fully supported the call on the international community to provide developing countries with technical assistance and financial support, including technology and knowledge transfers.

MARIO VEGA HERNANDEZ (Costa Rica) said the presence of child in mines meant they were missing out on education perpetuating the cycle of poverty. The section on best practices gave hope that a better future was possible if existing legislation was enforced and due attention was paid to vulnerable groups. Costa Rica believed the Special Rapporteur had a very broad mandate and said it would like to know how the Special Rapporteur could work more extensively, including a cradle to grave approach of waste, and how the Special Rapporteur could tie the work in to the Rotterdam, Basel and Stockholm Conventions. Today there was a clear and pressing need for the Human Rights Council’s to create a mandate to deal with the degradation of the environment.

ASEP SOMANTRI (Indonesia) said that Indonesia’s approach to combating child labour was a comprehensive one, which combined both human rights and labour perspectives. Indonesia had adopted a nine-year compulsory education programme and a National Action Plan for Eliminating the Worst Forms of Child Labor, which had been instrumental in combating child labour. Concerning the report of the Special Rapporteur on contemporary slavery, Indonesia requested further clarification on a statement that claimed that Indonesia was one of several countries with cases of mercury exposure among children who had worked in artisanal gold mines. The Government had studied the reference documents on this matter and concluded that the cases of mercury exposure were not to be found among children but among general mineworkers. Concerning the report from the Special Rapporteur on toxic waste, Indonesia said there was a need for the international community to develop standards and guidelines for environmentally sound waste management and that resources including financial, expertise, knowledge and technology transfer were necessary to increase capacity building among developing countries.

SEDWEN ANTHONY (South Africa) said that the dumping of toxic waste, including medical waste, posed a serious threat to the practical realization and enjoyment of human rights and led to environmental degradation. The lack of expertise and technology to manage and dispose of toxic waste negatively affected the developmental endeavors of developing nations. A missing element in the report of the Special Rapporteur was the recognition that the dumping of toxic waste negatively impacted on almost all economic, social and cultural rights, including the right to development. Current challenges faced as a result of the dumping of medical and health care waste persisted due to insufficient and unavailable financial resources and funding. An international legal framework should be developed to address challenges posed by the dumping of toxic waste by private and public entities and transnational corporations and other business enterprises. South Africa asked the Special Rapporteur to comment on practical steps which needed to be taken, especially by developing countries, to sustainably address the challenge faced by medical and health care waste.

HASSAN BOUKILI (Morocco) said Morocco believed that 75 per cent of medical waste was not hazardous but the rest could be hazardous and unfortunately the sound managing of the health waste compelled major problems. The amount of waste produced in developing countries was expanding as health systems were being enlarged. The lack of resources made it more difficult to eliminate this waste. The international community had paid little attention to this area and it was time to pay attention to the unsound management of waste and its impact on human rights. Morocco noted with satisfaction the suggestion by the Special Rapporteur to have a hierarchy of management in this area. In many countries there was a lack of sufficient funds and donor countries should provide funds and transfer of technology to allow for the safe disposal of medical waste.

MARIA CIOBANU (Romania) said that one of the findings of the report by the Special Rapporteur on toxic waste was that while signs of progress in ensuring the right to health in affected parts of the world were obvious in terms of better conditions, services, infrastructure, and the legal framework to protect ourselves from various harming substances, however it seemed that the world was now facing a new problem of how to dispose of hazardous waste generated by the very same products used to heal. Romania welcomed the recommendations of the report and concurred with the Special Rapporteur’s view that a healthy lifestyle was a major preventive tool to avoid the generation of toxic waste.

FILBERT KOUASSI GLEGLAUD (Côte d’Ivoire), speaking on behalf of the African Group, noted with satisfaction the reports presented by the Special Rapporteurs. The report of the Special Rapporteur on toxic waste noted the effects of medical waste on human rights and the African Group was pleased with the recommendations calling on donors, the private sector and international organizations to provide developing countries with technical assistance and financial support to help them effectively manage waste. Technical assistance should involve the transfer of knowledge and technology. The African Group endorsed the recommendation calling for financial and technical assistance to design, control and manage non-incineration waste control systems. During the course of the session the African Group would introduce a draft resolution extending the mandate on toxic waste, including monitoring of adverse effects during the life cycle from production to disposal, as suggested by the Special Rapporteur.

REA XIAOXIA (China) said in the report of the Special Rapporteur on contemporary forms of slavery she spoke about children working in the mining sector and made recommendations that had universal guiding value. China had set up an interdepartmental commission on the rights of children and women. China’s criminal code criminalized employing children in hazardous labour, and working underground was defined as hazardous. Inspections were carried out and violations were punished. It was the view of China that the strengthening of the safe management of medical waste was essential for the protection of public health. China had developed regulations on the management of medical waste and it contained clear rules on management and disposal of medical waste. This helped combat the SARS pandemic at that time.
MOTHUSI BRUCE RABASHA PALAI (Botswana) said that while Botswana did not have cases of child labour in its mining and quarrying sector, it had some problems of child labour in other sectors. This was the result of factors which had been identified in the report of the Special Rapporteur, such as poverty, the impact of HIV/AIDS and a general lack of knowledge of what constituted child slavery. The International Labour Organization had provided assistance in exploring ways of eliminating the worst forms of child labour. Botswana noted with interest the recommendation concerning corporate responsibility: that companies should comply with all applicable laws and respect human rights standards. The responsibility for the protection and promotion of the rights of children and other vulnerable groups lay with the State. There was a need for continued international cooperation in this area to ensure the flow of technical and development assistance, particularly to developing countries. The issue of the right to development was of particular importance.

HANS OLA URSTAD (Norway) commended the focus on the practical implementation of relevant provisions of the report of the Special Rapporteur on contemporary forms of slavery. The report was relevant for the implementation of the review mechanism for the implementation of the United Nations Convention against Transnational Organized Crime and its supplementing protocols. Norway welcomed the report of the Special Rapporteur on toxic waste and the focus on the often unsustainable treatment of waste in many countries. Waste treatment in most countries may have flaws but developing countries and economies in transition faced particular challenges as the economy developed. Considerable work had been done through the United Nations Environment Programme and the Basel Convention on trasnboundary movement of hazardous waste in developing guidelines, capacity building, national legislation and financial an technical assistance. The Basel Convention was an important instrument in addressing the challenges highlighted by the Special Rapporteur and, in order to avoid duplication, Norway called upon the international community to concert its efforts through the convention.

SILVIA PALOMBA, of Franciscans International, said they would like to draw the attention of the Special Rapporteur to India. Children exploited in informal mines were trafficked across the borders from Nepal and Bangladesh. They were also exposed to criminality and prostitution. Franciscans International called on India to ratify the International Labour Organization Convention 138 on minimum age, adopt a national plan for the protection of children working in mines, ensure the best interest of the child was the main priority for any laws on mining, and extend an invitation to the Special Rapporteur on contemporary forms of slavery.

SHOLEH ZAMINI, of Verein Sudwind Entwicklungspolitik, said that the establishment of safe and sustainable healthcare waste management systems required the adoption of specific legislation and funding, in addition to education and administrative and policy measures. This was especially important in developing countries. In Iran, waste reduction and separation including medical waste was not implemented as much as necessary at the source. There were not enough public collections, the old system of burying medical waste was often used which could contaminate ground water. In addition to medical waste, toxic waste was of concern. On one occasion five lagoons in Maragaheh storing chemical liquid waste breached their banks and inundated approximately 10,000 hectares of farmlands. Sudwind requested the Special Rapporteur to consider visiting Iran.


Concluding Remarks

GULNARA SHAHINIAN Special Rapporteur on contemporary forms of slavery, said that she wanted to mention the impressive list of practices in Peru, notably the excellent work done by non-governmental organizations and a Swiss company to protect children working in gold mines. Current best practice programmes included one in Romania called “Second Chance” to support children who had dropped out of school; one in Ecuador aimed at children to improve their human rights; and programmes in Brazil and Mauritania. Concerning legislation, the Special Rapporteur said that she had focused on children in the mining sector because they were invisible, populated by indigenous people in rural areas and at the borders. However, new important practices were being developed by States and businesses working in these areas, for example a Dutch company in Rajasthan which had implemented a code of conduct to support Dalit children with a child labour free certification. The Special Rapporteur would focus in the future on developing practical and technical guidelines using human rights indicators to address forced labour, bonded labour and other contemporary forms of slavery. The mandate would organize a seminar in Brazil to identify obstacles in implementing recommendations in those countries that the Special Rapporteur had visited in the region, notably Peru and Ecuador. The Special Rapporteur had received invitations from Lebanon and Ghana and looked forward to receiving more invitations. Concerning root causes, Ms. Shahinian noted that poverty, demand for cheap labour and products, the growing demand for gold and the economic crisis all played a role. On Friday there would be a side event from 1 p.m. to 3 p.m. in Room XXIII on child slavery.

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, reiterated that calling for large international cooperation was necessary since, otherwise it was not possible to fulfill the mandate and a holistic approach. Concerning medical waste it was smart to solve a problem but it was also possible to avoid it; for instance, by investing in science and education to avoid problems. There were a number of questions on how to best address this issue. Regarding the question of the European Union on human rights implications, Mr. Georgescu indicated that the mandate of the Special Rapporteur focused on the human rights implication of waste management and, in particular, on the adverse impact. Information campaigns, training of workers, and legislation on medical waste were all important. Uruguay asked a number of questions regarding recommendations. States should take all appropriate steps to allocate adequate financial resources for the sound management of waste, including for non-incinerating medical waste management facilities. It was up to the Council to include in the mandate the effects of environmental degradation and its effects on human rights. Concerning the proposal of Norway to focus on the Basel Convention, Mr. Georgescu agreed that tightening cooperation was needed.


For use of the information media; not an official record

HRC11/109E