Pursuant to Human Rights Council resolution 54/10, the United Nations Special Rapporteur on toxics and human rights, Marcos Orellana, will present a thematic report, including recommendations, to the UN Human Rights Council in September 2024. His thematic report will focus, in accordance with his mandate, on strengthening access to information on the environmental and health hazards posed by hazardous substances through establishing, enhancing and integrating Pollution Information Portals. 

The Special Rapporteur is an independent expert appointed by the United Nations Human Rights Council. The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 Member States responsible for the promotion and protection of all human rights around the globe. The Special Rapporteur is part of a system of so-called UN Special Procedures, made up of independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. Their activities include undertaking country visits, sending communications to States or other actors about concerns or violations, conducting thematic reports, convening expert consultations, contributing to the development of international human rights standards, and engaging in technical cooperation. Special Rapporteurs are selected on the basis of their expertise and experience in the area of their mandate, personal integrity, independence, impartiality, and objectivity. They are not employed by the United Nations and do not receive remuneration for their work.  

The mandate seeks to help States, businesses, and other stakeholders to adopt solutions with regard to harmful substances and human rights issues. 

Dr. Marcos A. Orellana was appointed Special Rapporteur on toxics and human rights in August 2020. He is an expert in international law and the law on human rights and the environment. His practice as legal advisor has included work with United Nations agencies, governments, and non-governmental organizations. 

Background 

Over the past few decades, there has been a broader understanding that access to information is intrinsically linked to the enjoyment of a clean, healthy and sustainable environment. The rights of individuals and communities to access environmental information, participate in decision-making processes, and seek justice in environmental matters are recognized as key components of the right to a clean, healthy and sustainable environment. The environmental governance landscape has also witnessed a growing recognition of the intricate connection between business activities, information on pollutant/pollution releases and transfers, and human rights.  

Various types of Pollution Information Portals have emerged as pivotal tools for advancing the right to know about the environmental and health hazards posed by releases of hazardous substances. While the specific features of Pollution Information Portals vary, they generally provide data on the release of pollutants and the generation of wastes from industrial sources and business activities.  

Pollution Information Portals are inspired by principles of transparency, access to information, and public participation. They have originated from national regulations or international arrangements such as the Kyiv Protocol to the Aarhus Convention and the Escazú Agreement. Pollution Information Portals reflect a commitment by Governments to advance the right to know and protect human health and the environment from the adverse impacts of exposure to hazardous substances and wastes. 

Pollution Information Portals function as centralized databases of information regarding releases of hazardous substances. Pollution Information Portals generate data that enables authorities and the public to conduct risk assessments to human health, ecosystems, and the overall environment, including in relation to the environmental and health impacts of specific pollutants. The data may then be used to inform policy development and decision-making, thus guiding environmental planning and prioritization processes, the formulation of regulations, emission reduction strategies, and pollution prevention measures.  

In addition, the data generated by Pollution Information Portals can facilitate international comparative analyses of pollutant transfers. This can help identify regional and global trends, promote good practices, and encourage collaborative efforts to address transboundary environmental issues.  

Pollution Information Portals are increasingly recognized as indispensable tools in the pursuit of effective environmental governance. Pollution Information Portals empower authorities, individuals and communities, including groups in vulnerable situations, to make informed decisions about their environment. By requiring businesses to disclose information on their emissions, releases, transfers, and disposals of pollutants or wastes, Pollution Information Portals drive further efficiencies and innovation by businesses in the sound management of chemicals and wastes.  

While Pollution Information Portals offer a pathway towards greater transparency and accountability, there remain challenges in fully realizing their potential. Limited pollutant coverage, non-mandatory reporting, difficulties in accessing or understanding the information, limited public awareness and participation, and gaps in the integration of scientific data are some of the obstacles undermining the effective national implementation of such portals. 

Another critical limitation is the lack of integration between platforms for environmental information. While there may be interactions at the national level, it is essential to recognize that Pollutant Release and Transfer Registers under OECD guidelines and the Kyiv Protocol, and other Pollution Information Portals under the Basel, Rotterdam and Stockholm Conventions, the Minamata Convention, the Montreal Protocol, and the Paris Agreement, among others, operate under different international frameworks and have distinct mandates.  

Against this background, in his upcoming report, the Special Rapporteur seeks to explore the functions of Pollution Information Portals and identify good practices in their design and implementation. The report will also critically assess limitations and shortcomings of existing models of Pollution Information Portals. The report will include recommendations to help States establish or strengthen or integrate Pollution Information Portals. 

Objectives 

The upcoming report on Pollution Information Portals aims to strengthen tools for access to information on releases of hazardous substances and to advance corporate responsibilities with respect to toxics and human rights. It will explore good practices in domestic regulations and in the application of the Aarhus Convention and its Kyiv Protocol, the Escazú Agreement, and OECD guidelines. The report will also identify gaps and shortcomings, in relation to which the Special Rapporteur would seek to make constructive and concrete recommendations.  

Specific objectives of this report include: 

• Supporting all countries in the creation and design of effective Pollution Information Portals; 
• Supporting Parties to the Escazú Agreement in establishing Pollution Information Portals, as called for in that convention; and 
• Supporting OECD countries in integrating Pollution Information Portals with other environmental and health information platforms. 

Key questions and types of input or comments sought 

The Special Rapporteur would like to invite all interested individuals and organizations working on issues related to environmental governance, business responsibilities, or access to information on toxics, to provide input for the preparation of his thematic report. Inputs can be both country-specific or of a general nature. They may contain information on the following subjects: 

• Concrete examples of how to further advance access to information on releases of hazardous substances; 
• Information on existing Pollution Information Portals and their significance and challenges for States, businesses, and other stakeholders, including, but not limited to groups that may find themselves in vulnerable situations, such as Indigenous Peoples, women, children, local communities, persons with disabilities, and others; 
• Ways in which existing Pollution Information Portals models can be strengthened; 
• Challenges of implementation of OECD guidelines on Pollution Information Portals and the Kyiv Protocol; 
• Challenges of integration of Pollution Information Portals and other platforms on environmental information; and, 
• Good practices and lessons learned on preventing toxic pollution that can result from establishing, enhancing, or integrating Pollution Information Portals.

Reports, academic studies, and other types of background materials can be attached as an annex to the input.

How inputs will be used

All inputs will be treated to inform the preparation of the thematic report of the Special Rapporteur to the Human Rights Council.

If not indicated to the contrary your input will be published on the website of the Special Rapporteur. If you would like your written input or any other information NOT to be published on the website of the Special Rapporteur, please explicitly indicate this in your input.