Background

Pursuant to Human Rights Council resolution 54/10, the United Nations Special Rapporteur on toxics and human rights, Marcos Orellana, will undertake a visit to Samoa from 28 October to 8 November 2024 at the invitation of the Government. His visit will focus, in accordance with his mandate, on a wide range of issues related to the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. A report on the visit including recommendations will be presented to the UN Human Rights Council in September 2025.

The Special Rapporteur is part of the Special Procedures mechanism of 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. Special Procedures are independent experts who report and advise on human rights issues from a thematic or country-specific perspective. They are appointed by the Human Rights Council 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 the impact of hazardous substances on human rights.

Mr. 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 organisations.

Objectives

The general objectives of such country visits are:

• To examine and report on the status of a wide range of issues related to toxics and human rights, with particular attention to groups in vulnerable situations;
• To meet with and engage in dialogue with different levels of Government, United Nations and intergovernmental organizations, civil society, and businesses on topics relevant to the mandate;
• To identify gaps and shortcomings, as well as practical solutions and best practices in the realization of human rights, including the right to a clean, healthy and sustainable environment; to health; to information, to public participation; amongst others;
• To issue recommendations addressed to governments, businesses and relevant stakeholders, and to follow up on relevant concluding observations made by treaty bodies and other international bodies and assess their impacts on policies adopted by the countries concerned.

Preparations for country visits involve extensive study as well as meetings with civil society organizations, experts, and relevant stakeholders to inform the key focus areas of the visit and to identify most pertinent topics.

Key questions and types of input/comments sought

The Special Rapporteur would like to invite all interested individuals and organizations working on issues related to toxics and human rights in Samoa, and the Pacific Islands more broadly, including representatives of civil society organizations, journalists, experts, academics, and businesses to provide input for the preparation of his visit.

While all submissions are welcome, it would be greatly appreciated if the submissions can focus on one or more of the following thematic issues:

• Plastic pollution, its impacts on Samoa, and measures to address it;
• Good practices: with a view to discussing, exchanging, and transferring policy experiences and knowledge that is particularly relevant for small-island developing States;
• Implementation of international chemicals and waste conventions, as well as international, regional and national human rights and environmental standards;
• Exposure to hazardous substances, its causes and consequences, including for groups in vulnerable situations such as women, children, and people living in extreme poverty;
• Chemicals and hazardous waste issues, such as mercury, e-waste and asbestos, polychlorinated biphenyls (PCBs), Per- and poly-fluoroalkyl substances (PFAS), and persistent organic pollutants, lead paint, and lead acid batteries;
• Solid waste management and related challenges in Samoa, particularly with respect to plastic waste;
• Pollution and waste from economic activities, such as transportation, tourism, agriculture, and fishing, and impacts on air quality, the environment, and human health;
• Assessment of port reception facilities for handling ship generated waste;
• Deep sea mining and potential impacts on Samoa and the pacific islands;
• Pollution Legacy issues, including used cars and pesticide deposits;
• Toxic remnants of war in the pacific, including from shipwrecks and related impacts on marine life and the environment;
• Extended producer responsibility and take-back schemes for consumer and other imported products;
• Regional cooperation allowing for economies of scale, including for e-waste management solutions;
• The 2050 Strategy for the Blue Pacific Continent, and implications for environmental rights and the sound management of hazardous substances and wastes;
• Current cases and issues with a view to the application of human rights standards, in particular regarding import and dumping of hazardous waste, plastic waste, pollution of water sources, and any other of relevance;
• Access to information, participation, and free, prior and informed consent;
• Access to an effective remedy for harm caused by hazardous substances and wastes, with a specific focus on accountability and redress, particularly groups in vulnerable situations;
• Other issues: any other matter of interest to the mandate.

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

How inputs will be used

All inputs will be treated to inform the preparation of the visit and the report to the Human Rights Council.

Your responses will be kept confidential. Neither you nor your organization will be identified,

and your submission will not be attributed to you or your organization.