Inclusion, Accountability and access to Justice Baskut Tuncak UN Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes Human Rights Watch February 25, 2016

remedy and accountability Right to an effective remedy restitution, compensation, rehabilitation and guarantees of non-repetition Accountability State and non-state actors Relevant SDGs Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all Target 16.6: Develop effective, accountable and transparent institutions at all levels Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

Pregnant women & Children e.g. humidifier disinfectant 2006-2011, respiratory diseases were diagnosed in pregnant women, very young kids, and the elderly Diseases were of unknown origin In 2011 linked to humidifier sterilizers Companies involved Chemicals used – virtually untested In 2015, over 500 victims identified, with over 140 died, mostly children – identification of victims ongoing and very challenging Companies offered 4.4 million USD compensation – victims rejected because there was no apology

Workers e.g. semiconductor workers Former Samsung workers began to be diagnosed with Leukemia, Lymphoma, and other diseases in 2005. Most of the workers were young women, suffered from miscarriages and ovarian cancer 350 workers alleged, over 100 died Conditions – long working hours, breathing in strong fumes of unknown chemicals Yumi diagnosed in 2005, two years after starting, died 3 years later Her father fought for an effective remedy, emphasizing the need for prevention and refusing settlement offers until Mediation process One person dies every minute from toxic chemicals in the workplace

Remedy and Accountability Common challenges Remedy and Accountability Information gaps Hazard Exposure Actor to hold accountable Causation Burden of proof Reactive, not proactive

Contact Baskut Tuncak, UN Special Rapporteur on human rights and hazardous substances and wastes Email: srtoxicwaste@ohchr.org Twitter: @srtoxics Website: www.srtoxics.org