Economic, Social and Cultural Rights/Effects of illicit movement and dumping of toxic and dangerous products and wastes on human rights – Special Rapporteur report/Addendum – Communications with Governments (excerpts)

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Adverse effects of the illicit movement and dumping of toxic and dangerous

products and wastes on the enjoyment of human rights

Report submitted by the Special Rapporteur, Fatma-Zohra Ouhachi-Vesely 

Addendum

Observations and information received from Governments

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* The document is circulated in the language of submission only as it exceeds the page limitations currently imposed by the relevant General Assembly resolutions.

Introduction

1.   The following report contains summaries of general observations and information received by the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights from Governments and other sources, submitted pursuant to resolution 2003/20. The report also contains a summary of new allegations transmitted to her according to her mandate, as well as replies to the allegations by affected Governments.

2.   Furthermore the report contains summaries of allegations contained in reports submitted to the Commission on Human Rights at its fifty-seventh to fifty-ninth sessions by the Special Rapporteur, as well as any updates received by the Special Rapporteur on previously reported cases.

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II.   NEW CASES SUBMITTED TO THE ATTENTION OF THE SPECIAL RAPPORTEUR

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32.   Case 2004/75 – Israel : The Special Rapporteur received a communication which alleges that Israeli authorities have on at least three occasions in 2003 sprayed chemical materials on crops belonging to Bedouin residents of so-called unrecognized villages in the Negev. The information alleges that in at least one of these incidents, the villagers had not been informed of the plans to destroy the crops by spraying chemicals from the air, which resulted in local residents, including children and the elderly, being covered by the toxic spray. According to the information submitted to the Special Rapporteur, a policy of destroying Bedouin crops was begun on 14 February 2002, following a decision taken during a meeting of the Governmental Economical Committee of the Knesset.

33.   The Special Rapporteur addressed a letter to the Government of Israel in August 2003 concerning these allegations. No reply has been forthcoming.

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64.   Case 2004/86 – Israel/Syrian Arab Republic : In a communication received by the Special Rapporteur in October 2002 the Syrian Arab Republic referred to certain alleged breaches by Israel of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which the Syrian Arab Republic stated had also been brought to the attention of the secretariat of the Basel Convention. The alleged actions were also stated to have been brought to the attention of the Mediterranean Action Plan, the International Maritime Organization and Interpol. More specifically, the Syrian Arab Republic stated that:

“Israel has committed violations [of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal] by dumping and leaking large quantities of hazardous wastes into the Mediterranean Sea, thereby damaging marine life in the Mediterranean, and particularly the coasts of Lebanon and Syria, as a result of the tides. Israel has also and continues to bury hazardous wastes in the occupied Arab territories in Palestine and the Golan.”

65.   In its reply the Government of Israel strongly protested the attempt by the Government of the Syrian Arab Republic to politicize the Basel Convention as well as the Barcelona Process. It was emphasized to the Special Rapporteur that the accusations made by the Syrian Arab Republic are absolutely baseless. Israel is committed to both the Basel Convention and the Barcelona Process and has played an active role in meetings and in their implementation, which it promotes and applies through law and enforcement. Israel has a broad system of law and enforcement that enables the management in the field of hazardous substances. Legislation on the matter of hazardous wastes and the protection of the Mediterranean Sea is being enforced by the relevant authorities and applies to all Israeli citizens regardless of geographical location. Israel remains committed to regional cooperation in all that applies to the protection of the Mediterranean Sea and to the Basel Convention.

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