End Toxic Impunity! | Workshop on How to Make Environmental Justice Effective in the Context of Toxics

About the Workshop

Access to justice and effective remedies in the context of toxics poses a global challenge for protecting human rights against the harmful effects of exposure to hazardous substances. Barriers limiting or even preventing victims to access to justice and remedies often results in impunity. This highlights the need to strengthen normative frameworks and judicial and other mechanisms.

With this objective, the UN Special Rapporteur on toxics and human rights, Professor Marcos Orellana presented at the 60th session of the UN Human Rights Council a report on Access to justice and effective remedies in the context of toxics.

Taking advantage of the current participation of a number of civil society organizations to the current triple COPs of the Basel, Rotterdam and Stockholm Conventions in Geneva, a workshop with the Special Rapporteur took stock of experiences on the ground, identify existing obstacles, analyze relevant national and international standards and jurisprudence and highlight national and international good practices.

It started with a case study on the campaign on the “Italian waste scandal”, that challenged a corrupt waste trafficking scheme between Italy and Tunisia, resulting in the return of 6,000 tons of illegally exported household waste back to Italy, its country of origin, in February 2022. More than 40 corrupt government officials and others involved in waste trafficking in both countries were arrested in the scandal. NGO efforts spurred policy shifts within the EU, which has now tightened its procedures and regulations for waste shipments abroad.

Geneva Toxic Free Talks

The Geneva Toxic Free Talks is an opportunity to reflect on the challenges posed by the production, use and dissemination of toxics. This series, taking place in the margins of the 2025 Meetings of the Conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions (BRS COPs 2025), will highlight how Geneva, as a global hub for tackling toxic substances and waste, contributes to bringing together the actors working in reversing the toxic tide.

Speakers

Highlights

Video

Live from Maison Internationale des Associations.

Photos

Summary

Opening Remarks

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• Thematic reports serve as key tools for UN Special Procedure mandate holders to fulfill their monitoring and reporting duties, combining research, documentation, and real-world case analysis to highlight critical issues. These reports aim to shed light on systemic problems and propose actionable solutions within the scope of human rights violations linked to environmental and toxic hazards.
• The forthcoming report focuses on the numerous obstacles faced by victims of toxic exposure in their pursuit of justice and effective remedies. Despite widespread exposure and increasing harm, structural challenges often lead to impunity, leaving victims without meaningful recourse. The report aspires to support countries in reinforcing their legal frameworks so that justice mechanisms are genuinely accessible, rather than existing only in theory.
• Toxic exposure cases often involve complex transboundary elements and domestic legal challenges, yet, unlike the growing trend in climate litigation, toxics-related legal actions remain sparse. This gap is concerning given the accelerating toxification of the planet, and underscores the need to draw lessons from other sectors like climate justice to catalyze similar momentum in the area of toxics.
• Access to justice, while crucial, is only one component of a broader and more effective policy strategy. The solution to global toxification cannot rely on litigation alone. Preventive approaches must be prioritized, emphasizing the strengthening of regulations, institutions, and international cooperation, particularly within frameworks like the Basel, Rotterdam, and Stockholm Conventions, as well as the recently adopted global framework on chemicals.
• National systems must be empowered to implement robust chemical and waste management policies, supported by stronger institutional capacities and clearer regulatory norms. Prevention should be a foundational goal, but in instances where harm still occurs, victims must not be left without redress.
• It is a fundamental tenet of international human rights law that victims of violations are entitled to a remedy. When all other mechanisms fail, the availability of judicial or other effective remedies becomes essential to upholding justice and restoring the dignity and rights of those harmed. This principle guides the direction and purpose of the upcoming thematic report.

Semia GHARBI | Chairperson, Association of Environmental Education for Future Generations | Réseau Tunisie Verte | Middle East and North Africa Coordinator, IPEN

• The association of Environmental Education for Future Generations (AEEFG) works in promoting a toxic-free future by addressing global chemical pollution issues such as pesticides, lead in paint, mercury, and plastics. The goal is to protect human health and the environment through both national initiatives in Tunisia and engagement at the international level, particularly within global environmental conventions. This is an important opportunity to delve deeper into environmental policymaking and to collaborate with global networks and civil society. The aim is to advance toward a better quality of life and uphold the human right to a healthy environment. Everyone is contributing their part to the broader goal of protecting global human health.
• The NGO AFG is highly engaged internationally, especially in addressing the issue of illegal waste. While the organization had already been working with global partners on this issue, it became personal and shocking when Tunisia itself received illegal waste. In response, as co-founders of Réseau Tunisie Verte, they supported the government in demanding the return (re-shipment) of the waste, emphasizing that it’s unacceptable for Tunisia to manage waste from other countries when it struggles with its own.
• Waste should not be exported, only goods should. AFG’s campaign against the illegal waste shipment lasted two years and operated on three levels: national, through awareness and media coverage; public engagement, with widespread awareness even among those unfamiliar with international laws; and collaboration with journalists, who played a key role in spreading the message. The campaign became a powerful example of civic and governmental unity against environmental injustice.
• Regionally, as part of Africa, they leveraged the Bamako Convention, which is stricter than the Basel Convention and bans all kinds of hazardous waste imports. Although not strongly enforced, they used it to strengthen their case.
• Internationally, they received broad support from networks and civil society organizations worldwide, each contributing through their expertise. Particularly impactful was the European civil society, which applied pressure on Italian and European institutions, since the waste originated from Italy. Their advocacy involved working with ecological parliament members and led to official inquiries and discussions in Europe.
• This sustained, two-year collective effort ultimately contributed to legal changes in European waste regulations, demonstrating the power of global solidarity and civil society in tackling environmental injustice.
• Their team worked intensively for two months to prepare a detailed report on the illegal waste shipment from Italy to Tunisia. This report was presented to the Italian government in December, highlighting the violation despite the Basel Convention being in place, exposing weaknesses in the convention’s enforcement mechanisms.
• The illegal waste shipment to Tunisia came from Italy and was falsely labeled as clean plastic recycling waste. In reality, it was municipal waste, which is banned under Tunisian law. The deception was uncovered a month later when Tunisian customs, following standard procedure, verified the contents of 70 containers that had already been moved to a local facility. They discovered the shipment did not match its declaration, triggering a government response and public scandal. This verification process, though delayed, is legally required in Tunisia and was key to uncovering the fraud.
• Following Marcos’ visit and the international pressure, diplomatic discussions between Tunisia and Italy led to an agreement in January 2021. By February, the repatriation of 212 illegal waste containers began, marking a significant victory. Some containers had already been removed from the port earlier after customs inspections found discrepancies.
• The incident highlighted the importance of both customs enforcement and government accountability, as the Tunisian authorities acknowledged the illegality and took action. Semia and her organization saw it as their duty to support the government in addressing the issue, which ultimately led to stronger scrutiny and advocacy. This case also underscored how rare and vital post-import verification is, given the vast number of global shipments that usually go unchecked.
• This project was a success story and a powerful example of effective collaboration at national, regional, and international levels. It demonstrated the importance of united action and strong legal frameworks to prevent and remedy environmental injustices like illegal waste dumping. The importance of having strong legal and regulatory frameworks. When problems like illegal waste occur, it reveals weaknesses or gaps in existing laws, which must be identified and addressed to prevent future issues. Strengthening and reinforcing these regulations is essential for effective environmental protection.

Discussion

Yves LADOR | When did you get the information, Marcos, that this case existed in Tunisia, and this export is coming from Italy?

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• The case first came to attention through communication from Semia, highlighting how such local outreach underscores the importance of the special procedures of the Human Rights Council. These procedures serve as crucial tools for linking the human rights mechanisms of the United Nations with people on the ground. Without these mechanisms, there is a risk of international policymaking becoming detached from local realities and circulating within isolated institutional “bubbles” that fail to reflect or address what is happening in the real world.
• International human rights law and multilateral environmental agreements (MEAs), such as the Basel Convention, function as independent yet complementary legal regimes. Human rights obligations remain applicable even when an issue is addressed by an environmental treaty, and in cases where both systems address overlapping concerns, like toxic waste, they can synergize. In such scenarios, special procedures apply human rights norms while drawing interpretive guidance from environmental agreements.
• Jurisprudence from regional human rights courts can offer valuable insights for interpreting human rights in environmental contexts. For instance, in the case of hazardous waste dumping in Abidjan, Ivory Coast, by Trafigura, the African Court on Human and Peoples’ Rights incorporated standards from the Bamako Convention to interpret the right to a healthy environment under the African Charter. This demonstrates how MEAs can inform human rights interpretations without displacing them.
• The UN mandate on toxics and human rights was initially created in 1995 in response to the trend of exporting hazardous waste from Europe to Africa, a practice described as environmental racism and toxic colonialism. This concern led to the establishment of both the Basel Convention and the human rights mandate. Over time, the mandate has evolved from focusing solely on toxic waste to covering the entire life cycle of chemicals and waste and their sound management, reflecting a more comprehensive and updated approach.
• This mandate is renewed periodically by consensus within the Human Rights Council and includes various provisions, one of which is technical assistance. While often overlooked, this provision allows both states and civil society to approach mandate holders with requests for assistance. Such requests can involve investigations into specific incidents or broader systemic concerns, serving as a trigger for the mandate holder to take action based on clearly defined grounds.
• In practice, engagement begins with meticulous fact-checking and verification processes. In the case at hand, months were spent analyzing Italian legislation and the timeline and logistics of the waste movement to Tunisia. Understanding what happened, who was involved, and the current status of the waste in Tunisia formed the basis for subsequent action under the human rights mandate.
• Unlike MEAs such as the Basel Convention, which have compliance committees focused on non-confrontational support and capacity building, these mechanisms do not allow civil society organizations to initiate actions or investigations directly. Only parties to the treaty can trigger such committees. This structural limitation further highlights the essential function of special rapporteurs, who can respond to civil society concerns and thereby make environmental agreements more responsive and effective.

Yves LADOR | How have Italian and European authorities reacted to the illegal waste shipment from Italy?

Semia GHARBI | Chairperson, Association of Environmental Education for Future Generations | Réseau Tunisie Verte | Middle East and North Africa Coordinator, IPEN

• The Tunisian government was the first to publicly expose the illegal waste shipment from Italy, and civil society stepped in to support national authorities throughout the process. For over two years, the association worked closely with the government, regularly providing information they received from international civil society networks. This alignment between government and civil society was intentional and strategic, ensuring that their advocacy efforts remained collaborative and respected diplomatic boundaries.
• Although AFG did not engage directly with Italian authorities, recognizing that this was the role of the Tunisian government, they did work with Tunisian NGOs who organized demonstrations outside the Italian embassy. However, initial responses from the Italian side were limited. Despite this, civil society continued their efforts, such as launching petitions and keeping the Tunisian government informed of developments.
• Importantly, strong support came from Italian and European civil society organizations and journalists, who raised awareness in their own countries and even invited Tunisian representatives to speak at events. Semia noted that this demonstrated the power of international civil society to unite under a shared goal, protecting human health and the environment, regardless of nationality.
• Each group involved added a crucial piece to a larger puzzle, resulting in a truly joint effort that led to the waste being returned. It is important to work within international legal frameworks (like multilateral environmental agreements) and the need to strengthen regulations where gaps are identified, as these instruments are essential for effective environmental protection and justice.

The UN Special Rapporteur’s mandate provides avenues for intervention and capacity that are not available under the Basel Convention, which governs the transboundary movement of waste. How did the Italian authorities received Marcos during his engagement with the case, and how the final decision was taken to return the waste, rather than opting for a simpler remedy such as local repair?

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• One of the first considerations was to determine the most effective intervention tool within the mandate, which includes thematic reports, letters of allegation to governments and companies, and country visits. The visit to Italy in December 2021 was possible despite ongoing COVID-19 restrictions and was motivated by broader concerns beyond this particular waste case.
• The country’s visit to Italy was used strategically to address several critical issues: PFAS contamination in the Veneto region affecting over 100,000 people, so-called sacrifice zones in southern Italy, and transboundary waste shipments from Naples. Marcos emphasized that the mandate is global and receives more requests than it has capacity to address, so combined thematic investigations make such visits efficient.
• Engagement with Italian authorities was constructive at all levels. Marcos underscored that the visit was not about finger-pointing but identifying issues requiring attention (e.g., legal reforms or improved practices), while also highlighting good practices for international cooperation. Authorities were cooperative and actively engaged in dialogue.
• On the specific case of the Naples waste containers, Italian and EU laws, as well as the Basel Convention, provide clear rules and timelines, but these were not followed due to procedural delays and ongoing court cases. Local authorities were committed to resolving the issue and ensuring the return of the containers.
• Accountability was also a central concern. While authorities largely process paperwork and issue stamps based on provided documentation, a limitation of current procedures, Marcos recommended strengthening Italian and EU law to require inspections and improve enforcement.
• The environmental police (Carabinieri’s specialized environmental crime unit) became involved, and those responsible for the illegal waste export were investigated, prosecuted, and sentenced to jail. This demonstrates not only the importance of reparations and cleanup but also of criminal accountability for environmental crimes, with appropriate penalties reflecting the severity of the offenses.

Yves LADOR | Outcomes and improvements from this case have strengthened prevention efforts, helping to avoid similar illegal waste shipments in the future, particularly from Italy, but possibly from other parts of Europe as well. 

Semia GHARBI | Chairperson, Association of Environmental Education for Future Generations | Réseau Tunisie Verte | Middle East and North Africa Coordinator, IPEN

• While progress has been made, such as the European Union’s amendment of waste export laws and the planned 2027 ban on waste exports, significant challenges remain. One concern is that, before the ban takes effect, Europe appears to be creating legal pathways for exporting waste to countries that claim they can manage it. This is especially troubling as many of these importing countries are developing nations that lack the capacity to properly handle or monitor waste, particularly toxic substances often present in such shipments.
• The current criteria used to justify such exports are defined as problematic. If a country claims it can manage the waste, that may be enough under EU rules, but without adequate oversight or infrastructure, these claims are unreliable. A critical question arises: if problems arise, who will be held accountable: the exporting country or the importing one?
• If waste truly had value, it would likely remain in Europe to be reused or recycled there, rather than exported. The fact that it is being exported raises suspicion and highlights the economic motivations behind these actions, benefiting European economies while shifting environmental risks to poorer nations.
• There is a need for:
  • More restrictive criteria before allowing exports
  • Greater transparency about the nature and value of exported waste
  • A stronger role for the Basel Convention to close these loopholes
  • Reinforcement of the Bamako Convention (Africa’s own treaty banning hazardous waste imports)
  • Improved coordination between Basel and Bamako Conventions to better protect vulnerable countries
  • Science-based, transparent decision-making and the right of populations to be informed about waste shipments and their real economic or environmental impacts.

Yves LADOR | Do you have the impression that also with the different improvements out of this case, this has strengthened the prevention aspect, that it helps also to avoid more of these cases to happen, at least let’s say from Italy because they were directly concerned, but perhaps also from Europe? For Marcos, what is your view as Special Rapporteur on these elements?

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

Marcos shares three reflections in response to the question of whether the improvements following the case have strengthened prevention and reduced the likelihood of similar incidents, particularly from Italy or Europe:

1. The challenge of linear thinking and the path toward circularity
   He reflects on the dominant linear model of production and waste–extraction, production, and disposal, which leads to unsustainable consumption and externalized costs. In this system, product prices do not reflect the full environmental and social costs, especially regarding waste management. He argues that moving toward a more holistic and circular economic model would internalize those costs. However, pressures related to international competitiveness often disincentivize countries from doing so, as incorporating these costs can make goods more expensive in global markets. International cooperation is thus essential to enable structural change that doesn’t penalize early movers.
2. The reality and persistence of illegal activity
   Marcos turns to the issue of illegality in waste practices, noting that despite existing legal frameworks, significant criminal activity remains. In Italy, this has been termed “eco-mafia” by NGOs, and the state has responded by strengthening criminal laws and prosecution efforts. Much of this work occurs behind the scenes, including EU-level actions. Marcos mentions his involvement in European Parliament discussions on the role of criminal law in environmental protection, and collaborative work with EU agencies focused on cross-border environmental crime, particularly concerning toxic waste. These developments, though not widely reported, are important in tackling the hidden dimension of environmental harm.
3. Waste as a business, and the lack of chemical transparency
   Finally, he addresses the economic aspect of waste, noting that it is treated as a business opportunity. Some argue that restricting waste exports is protectionist and limits opportunities for developing countries. However, this view ignores a major flaw: the lack of information about the toxic components in waste. Data on chemicals in products is scarce, and analysis of landfill leachate in countries that do monitor it reveals dangerous substances like PFAS and heavy metals. Without proper infrastructure to manage these toxins, affected populations face serious health and environmental risks. Marcos warns that this results in a two-class global system, where certain populations are consistently exposed to hazardous waste, violating their human rights and perpetuating environmental injustice.

Yves LADOR | While the discussion centers around ending toxic impunity, the case at hand is one where impunity did not win. There exists broader trends in access to remedy, highlighting emblematic cases like Bhopal and La Oroya, which, despite legal condemnations and long legal battles, still demonstrate serious gaps in accountability and remedy. Would you have reflections on these trends and what stronger mechanisms are needed to ensure justice and regulation of harmful industries?

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• Bhopal represents possibly the worst industrial accident in human history, with devastating consequences for hundreds of thousands of people. The initial gas leak caused immediate mass fatalities, but a less discussed yet equally critical dimension is the long-term mismanagement of hazardous waste at the site, which continued to harm health and livelihoods for decades.
• When victims of Bhopal brought their claims to U.S. courts, since the responsible company was a subsidiary of a U.S. corporation, the courts dismissed the case under the doctrine of forum non conveniens, sending it back to India. However, the Indian legal system has not provided effective remedies, and corporate defendants have avoided prosecution, with the U.S. government shielding the company from accountability, highlighting a failure of international cooperation and access to justice.
• Bhopal exemplifies the systemic barriers that poor and marginalized communities face in securing remedies after industrial harm. It underlines the weakness of judicial systems in holding corporations accountable, the lack of international support for victims, and the urgent need to strengthen global cooperation mechanisms as mandated by human rights law.
• While there has been progress in regulating hazardous waste transfers across borders, such as through the Basel Convention, significant gaps still remain at large. Before the Convention, hazardous waste could be freely shipped abroad with no accountability; now, mechanisms like return obligations and criminal penalties exist, but enforcement and universality are lacking.
• The Basel Ban Amendment, intended to prevent hazardous waste exports from OECD to non-OECD countries, was a response to dissatisfaction among African states. Though a step forward, it only binds parties that have ratified it, just over 100 of the 190+ Basel parties, leaving a major compliance gap.
• Plastic waste presents a contemporary challenge. Amendments to the Basel Convention were meant to better control plastic waste trade, but emerging data suggests these measures have not curbed the problem. In some areas, plastic waste movements have even increased, leading to dumping or burning in less regulated countries, disproportionately impacting poor and marginalized communities with toxic exposure.
• The persistence of these issues underscores that current international tools are inadequate and insufficient. Although human rights norms provide a foundational imperative, real change requires institutional strength, adequate budgets, robust norms, and international cooperation, all of which remain underdeveloped in the face of global economic pressures.
• Economic systems driven by fossil fuels, mass extraction, and consumerism, particularly the fast fashion and single-use product cycles, are at odds with environmental and human rights goals. Although some advancements have been made, the scale of the challenge remains enormous, demanding systemic transformation to address the root causes of waste, pollution, and inequality.

 Semia GHARBI | Chairperson, Association of Environmental Education for Future Generations | Réseau Tunisie Verte | Middle East and North Africa Coordinator, IPEN

• Semia complements Marcos’ answer by pointing out the importance of evaluating the effectiveness of actions and regulations, especially in the education and policy fields. They highlight the need to assess how efficient the Basel Convention has been in practice. While some achievements have been made, there’s a disconnect between the framework and current realities, particularly the lack of equity between countries. High-income countries often have the technology and capacity to comply, while many in the Global South do not. For the Basel Convention to be truly effective, it must address these disparities and bridge the capacity gaps globally.
• International conventions are a very long process, banning or adding something takes time because of negotiations. But what happens in the timeline between one meeting and the next is also really important, especially for those directly facing the problem. The harmful effects of chemicals are discovered only later, and that delay matters. It is important to take all these elements into account now, especially with the rise in diseases linked to chemicals and pollutants, as recognized by WHO. That’s the reason why waste control must be more clearly connected to health.
• There is an urgent need to better understand the health impacts of waste and chemical exposure, especially for workers. Reports show over a million occupational deaths globally linked to chemical exposure, yet these issues remain underreported and unaddressed.

Question from Audience | Speaker 1

• The first speaker highlighted the ongoing lack of accountability and precaution in Asia, particularly in relation to industrial accidents and toxic exposures. Despite the legacy of disasters like the Bhopal gas tragedy, industrial accidents continue to occur regularly, almost daily, in countries like India, suggesting that governments have failed to learn from past tragedies. Regulatory frameworks are being relaxed in the name of economic growth, often at the expense of environmental and social safeguards.
• In the context of Nepal, the speaker noted the country’s unique vulnerabilities due to its landlocked status. Although Nepal is not receiving toxic waste shipments by sea, it is receiving large consignments of products made from toxic materials, especially recycled plastics that contain harmful chemicals like brominated flame retardants. These products, such as imported toys, pose a dual threat, first to children during use, and then as waste that the country lacks the infrastructure to manage safely.
• One case study involved Nepal’s attempt to regulate toy safety through a national standard limiting 12 harmful chemicals. However, the standard was suspended after pressure from U.S.-based corporate toy manufacturers, illustrating how corporate influence can override child safety and national sovereignty, even in countries party to international treaties like the Convention on the Rights of the Child (CRC).
• Another example concerned Nepal’s effort to test all imported fruits and vegetables for pesticide residues. Although this initiative aimed to protect public health, it led to diplomatic pressure from India, Nepal’s largest produce supplier, which resulted in the suspension of the policy.
• The speaker concluded by asking how countries like Nepal, politically and regulatorily weak, can protect their current and future generations from the impacts of toxic chemicals, and called for stronger international support and solutions tailored to such vulnerable contexts.

Question from Audience | Speaker 2

• The second speaker from Basel Action Network has been working on waste importation issues in Southeast Asia for the past five years. She highlighted that countries like Malaysia continue to receive large volumes of electronic waste. Over 200 containers of illegal e-waste were seized recently, but authorities provide no transparency about the contents or final outcomes. Confidentiality clauses prevent governments from sharing details with civil society, leaving organizations in the dark.
• In some cases, Malaysia has tried to return containers, but upon arrival, the contents did not match the original shipment, suggesting tampering. In another case, instead of being returned to the country of origin, containers ended up in India. Efforts to track container shipments or obtain related data have been unsuccessful due to a lack of government cooperation.
• Puyi asked what might happen in Tunisia if civil society did not respond after the government announced finding waste. Would the government act alone through intergovernmental collaboration, or would civil society involvement still be necessary?
• She then raised the issue of crime and corruption, particularly when government actors themselves may be complicit. In such situations, where governments claim they will take action but do not follow through, she asked what civil society can do.
• Her third point concerned the disconnect between international legal discussions and actual implementation on the ground. National government delegates may attend global forums, but local governments, which witness and sometimes enable violations, are not always part of these conversations. She asked about ways to encourage collaboration across different levels of government (federal, state, provincial, local) and whether awareness campaigns and consumer boycotts have been effective in addressing toxic pollution, considering the strong influence of corporations on policymaking.
• Finally, she discussed the lack of judicial remedies in Southeast Asia for toxics-related harms. Even when NGOs test workers’ blood and find banned substances, governments claim they cannot act. Reports showing dioxin in eggs were dismissed, with local authorities promoting egg consumption instead. In Malaysia, courts only accept test results from the national chemistry department, which lacks capacity to test for many toxic substances. Results from accredited foreign labs or citizen science initiatives are inadmissible. Even when foreign test results are available, courts reject them. Puyi asked what recourse civil society has when governments are unresponsive and the legal framework is inadequate.

Concluding Remarks

Semia GHARBI | Chairperson, Association of Environmental Education for Future Generations | Réseau Tunisie Verte | Middle East and North Africa Coordinator, IPEN

• Semia answered the last speaker in the audience by sharing insights from experience working with governments and national authorities, emphasizing the importance of trust, long-term collaboration, and staying within the role of civil society (CSO); especially avoiding interference at diplomatic levels. She highlights the value of peer cooperation among CSOs, who “know each other’s language,” and stresses the growing power of positive social media and journalistic engagement in spreading awareness and prompting investigation.
• A strong message is that civil society must bring expertise, not just advocacy, offering scientific data, legal analysis, and evidence-based recommendations to hold authorities accountable. Communication is key: real-life, relatable messaging about toxic chemicals, like harmful toys or pesticide-laden food, makes the issues tangible to the public, encouraging consumer reaction and policy change.
• Semia concludes by outlining three main pillars at the national level to empower both people and policymakers to act effectively on toxic threats:
  • Engage governments constructively, not against them, but to support their duty to protect people and the environment.
  • Provide solid scientific data and clear, actionable reports.
  • Run smart, focused campaigns that make complex chemical risks understandable, emotionally resonant, and supported by media coverage.

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• Industrial accidents often repeat themselves due to failures in both tort law and governmental regulation. Tort law is meant not only to compensate those who are harmed but also to incentivize businesses to invest in preventive measures. When the system fails, either due to weak enforcement, lack of resources for monitoring, or negligible fines that do not outweigh profits, businesses cut corners, leading to harmful and morally indefensible outcomes where profit is made at the expense of human suffering.
• Regulatory systems often break down when governments lack the capacity or political will to enforce environmental standards. Without adequate funding, such as money for transportation to conduct inspections, and without meaningful penalties, companies continue to operate without fear of accountability. This pattern is seen globally and reflects a systemic issue in the enforcement of environmental protections.
• The issue of toxic additives in plastics, particularly in toys, underscores the importance of the global plastic pollution treaty currently under negotiation. A narrow focus on waste management and ocean leakage fails to address the broader chemical threats posed from the point of production through use and disposal. Toxic additives not only expose users to health risks, especially children, but also inhibit recycling by creating hazardous concentrations in recycled materials, making chemical control a crucial element of the treaty.
• Governments’ lack of transparency in disclosing information about intercepted waste shipments reflects a deeper problem: access to environmental information is a foundational right. Without access to accurate data, informed decision-making is impossible. Civil society mobilization is essential for visibility and accountability, as issues often remain ignored unless public pressure forces attention and action.
• In many parts of the world, there remains a persistent mentality that public officials serve the state rather than the people. Human rights frameworks challenge this notion by asserting that the legitimacy of authority lies in its capacity to promote and uphold human rights. Overcoming this outdated mindset is essential for transforming governance structures to prioritize public welfare over bureaucratic self-preservation.
• When governments are complicit in environmental or human rights crimes, such as state-sponsored abuses or corruption, international scrutiny becomes vital. Human rights violations within a state’s borders are not solely a domestic concern. International mechanisms, including special rapporteurs and mandate holders, play a key role in applying pressure, exposing wrongdoing, and advocating for accountability, particularly in cases where domestic systems are compromised.
  The use of mercury in artisanal and small-scale gold mining exemplifies the convergence of environmental harm, corruption, and human rights violations. Despite mercury’s global persistence and toxicity, its use persists due to high gold prices and systemic corruption; legislators, judiciary members, and even police and military officials have been co-opted. Public exposure and denunciation are critical to breaking this cycle and initiating reform.
• A visit to Samoa highlighted the challenges small island nations face in waste management and corporate accountability. Despite local efforts at public awareness and waste recovery, countries like Samoa lack the market power to set product standards or resist corporate decisions, such as Coca-Cola’s shift from reusable glass to plastic bottles. These constraints illustrate the importance of international standards and treaties to enforce corporate responsibility and ensure environmental protections apply universally.
• The recognition of the right to a healthy environment offers both legal and philosophical opportunities. It serves not only as a tool for addressing environmental crises like toxic pollution, biodiversity loss, and climate change, but also as a catalyst for rethinking humanity’s relationship with nature. This moment of awareness opens pathways for education, mobilization, and the development of new solutions rooted in shared human and ecological well-being.
• Events like the Geneva Toxic-Free Talks are valuable forums for deepening understanding and fostering dialogue about the intersection of chemicals, waste, and human rights. They contribute to collective efforts for awareness-raising and community-building, helping to pave the way for innovative approaches to environmental and human rights challenges.

Links

Photo Credit

Photo by Goldman Environmental Prize.