Sep 17 Human Rights Council 12

Statement held by Ambassador Hans Dahlgren on behalf of the European Union during the Interactive Dialogue with the Independent Expert on human rights obligations related to access to safe drinking water and sanitation and the Special Rapporteur on toxic waste at the 12th session of the Human Rights Council

The EU would like to thank the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation for her first annual report, focusing on aspects related to access to sanitation. The EU would also like to thank the Independent Expert for the consultations held in April this year on the normative content of human rights obligations related to access to sanitation that was a transparent event and allowed States and other stakeholders to provide input into this issue which was valuable.

With reference to the report before us, we would like to address the following questions to the Independent expert:

Firstly, in your report you refer to the important role of the private sector as well as other non-state actors in contributing to the enjoyment of human rights related to access to sanitation. We wonder if you could highlight the different aspects of this role?

Secondly, you are referring to the link between access to sanitation and discrimination, especially with regard to vulnerable groups. We would be pleased to hear more about this, especially in terms of possible negative impacts if such discrimination is not properly addressed.

Finally, in your report you underline the importance of broad participation of all concerned groups. We wonder to what extent can and should individuals/groups be included in the processes related to the planning, and the construction, the maintenance and monitoring of sanitation services and why in your view this participation is so crucial?

The EU would also like to thank the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment for human rights for his report, which focuses on the adverse effects of shipbreaking on the enjoyment of human rights. The EU considers that this report provides a most useful summary of the issues.  

We would like to reiterate the importance that it attaches to issues related to ship recycling.  It does agree with the Special Rapporteur that shipbreaking is an issue that requires a global solution and believes that the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships is an important first step in improving global standards.  We note that the Special Rapporteur calls on all relevant stakeholders to consider implementing additional measures and would like to hear his views on how additional steps by individual stakeholders might be coordinated with a view to achieving a global solution.

The European Union supports the encouragement by the Special Rapporteur of State Members of the International Maritime Organization to take all appropriate steps to ratify the Convention within a reasonable period of time. The EU would like to know whether the Special Rapporteur can suggest ways in which State members of the IMO might be further encouraged to take steps to ratify the Convention?

The Special Rapporteur mentions that it may be several years before the Hong Kong Convention is fully in force.  The EU acknowledges this and the European Commission has therefore been developing a Strategy for Ship Dismantling, which includes proposals for the early implementation of the Hong Kong Convention within Europe and possibly for some additional measures as well. 

The EU welcomes the analysis provided by the Special Rapporteur on a number of human rights issues, including the right to health and the right to safe and healthy working conditions.  In this context, the EU urges all States to fulfill their obligations in this regard.

The EU notes that the Special Rapporteur has made some comments on the assessment of the equivalence of the Hong Kong and Basel Conventions.  Parties to the Basel Convention will be considering equivalence at the Open Ended Working Group in May 2010 and the 10th Conference of the Parties in 2011.  The EU is firmly of the opinion that the criteria used in this assessment should look towards the level of overall management of the lifecycle of a ship rather than focusing on specific individual controls.

Thank you, Mr President.