Gender and Toxics: Confronting Environmental Violence | Geneva Toxic Free Talks 2024

About this Event

This talk discussed the upcoming report of the UN Special Rapporteur on toxics and human rights to the 79^th session of the UN General Assembly — Gender and hazardous substances — highlighting the differentiated and unequally distributed harms resulting from exposure to hazardous substances and waste pollution. The Special Rapporteur elaborates on the State’s duty to prevent hazardous substances and waste from generating or deepening gendered injustices, especially against women and girls, gender-diverse persons and poor men, and especially when they are from marginalized communities.

Because of weak State regulation, the generation and release of large amounts of hazardous chemicals, often originating from the petrochemical, extractive and agricultural industries, is causing serious adverse impacts on human rights. Resulting gender- and sex-related health harms from exposure to hazardous substances include infertility, miscarriage, stillbirth, premature birth or low birthweight, cancers and metabolic disorders across society, with grave implications for the rights to health, to family life, to physical and mental integrity and to a clean, healthy and sustainable environment.

Many women and girls are especially affected by toxic exposures for biological reasons but also because they do more caregiving work. Governments should better resource maternal and other reproductive health services using a reproductive justice framework and improve social and environmental determinants of health.

Environment @ HRC57

The 57th regular session of the Human Rights Council (HRC57) is taking place in Geneva and online from 9 September to 11 October 2024. With the environment high on the agenda, consult regular updates on key environmental issues at HRC57, side events, and further resources available on our dedicated HRC57 and the environment update.

Geneva Toxic Free Talks

The Special Rapporteur on toxics and human rights reports every fall to the Council and to the UN General Assembly on issues related to his mandate. The Geneva Toxic Free Talks aim to harness the opportunity of this moment of the year to reflect on the challenges posed by the production, use, and dissemination of toxics and on how Geneva contributes to bringing together the actors working in reversing the toxic tide.

On the sidelines of HRC57, the 2024 edition of the Toxic Free Talks will take place on 19 September 2024, with conferences and discussions, highlighting the work of the Special Rapporteur and of organizations in the struggle for the right to live in a toxic-free environment.

Speakers

Marcos ORELLANA

UN Special Rapporteur on toxics and human rights

Victoria MALADAEVA

Buryat (Siberia) human rights defender | Indigenous of Russia

Emem OKON

Executive Director, Kebetkache Women Development & Resource Centre

Melani GUNATHILAKA

Sri Lankan climate activist | Human rights defender collaborating with Climate Action Now

Yves LADOR

Representative to the UN in Geneva, Earthjustice

Highlights

Summary

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• A human rights-based approach to chemicals and waste emphasizes individuals and communities suffering from hazardous chemical exposure, particularly those in vulnerable situations.
• Feminist and women’s rights organizations emphasized focusing not only on women and girls but also on gender as a socially constructed category, since gender-diverse individuals and some men also face disproportionate impacts from certain chemicals.
• The upcoming report, to be presented at the 79^th session of the UN General Assembly — Gender and hazardous substances — primarily focuses on women and girls, particularly in the context of reproductive justice.
• Key findings include an unprecedented chemical crisis that deepens injustices, affecting health, reproduction, and human rights, including the right to health, family life, and a clean, healthy environment.
• Gender and sex-related health harms from toxic exposure include infertility, miscarriage, stillbirth, premature birth, cancers, and metabolic disorders, which disproportionately affect women and girls but also have broader societal impacts.
• A human rights-based approach requires examining vulnerabilities stemming from social constructs, not just biology. Women and girls are affected due to societal roles, including caregiving, and their reproductive systems are especially vulnerable to endocrine-disrupting chemicals.
• Maternal exposure to these chemicals can harm the fetus, leading to lifelong health issues, often ignored by public policies. Some chemicals have transgenerational effects, raising concerns about intergenerational equity.
• The report explores intersectionality, highlighting how women and girls in poverty or those with limited access to education are disproportionately affected by toxic exposure.
• On the producer side, women in « sacrifice zones » (areas of high industrial pollution) and those working in sectors like electronics manufacturing, waste management, or cleaning are especially vulnerable to hazardous chemicals. Also in consumer products, women are exposed to toxic substances like mercury in skin-lightening creams and arsenic in tampons.
• The report underscores the vulnerability of women’s and girls’ reproductive health to toxic exposure, and governments have a heightened duty to take protective measures.

Victoria MALADAEVA | Buryat (Siberia) human rights defender | Indigenous of Russia

• The Indigenous peoples’ land in the Russian Federation is rich in oil, natural gas, coal, iron ore, and other minerals. Mining companies have exploited the territories of North Siberia and other areas in Russia destructively, damaging the environment and negatively impacting the traditional way of life for Indigenous peoples. Yet, the Russian government has shown no concern about environmental destruction or its effects on Indigenous people and Mother Nature.
• About 40% of Russia’s oil is extracted in Yugra (Khanty-Mansi Autonomous Okrug) in Western Siberia. The area affected by oil spills in Yugra is the size of three Olympic parks in Sochi, with pollution increasing on average every 3 hours and 20 minutes.
• Oil spills contaminate rivers, kill plants and animals, and poison people. The most common cancer in Yugra is breast cancer, with women and Indigenous peoples being the most vulnerable groups affected by these environmental disasters.
• Oil spills occur due to ageing pipelines, some operational since the 1960s, and Russian oil companies often find it cheaper to pay fines than to fix these pipelines.
• In the Republic of Buryatia, where urais mined, particularly in the Khiagda uranium field, developed by the state corporation Rosatom.
• Residents of the Bauntovsky District report large-scale contamination of the forest with highly toxic substances. The ancestral land in the remote Taika, which is highly fertile, is affected by industrial activities.
• Sulfuric acid is used in leaching, leaving toxic residue that can contaminate groundwater, lakes, and rivers.
• Since industrial development began, Rosatom has turned the region into a state-controlled site, prohibiting independent environmental organizations from entering. No independent studies have been conducted on water or soil samples near the production facilities.
• Local people demand public oversight and independent environmental assessments of Rosatom’s activities. Polluted water flows into settlements, affecting both people and animals.
• It is important the international community supports the indigenous peoples of Russia in our fight for our rights.
• Breast cancer is a leading health issue in the region, with life expectancy in Siberia shortened by cancer and people dying by the age of 45 or 50.
• The prevalence of cancer has reached epidemic levels in the region, largely due to environmental pollution and industrial activities.
• The government fails to regulate or control these industrial operations, contributing to ongoing health crises among Indigenous peoples.

Emem OKON | Executive Director, Kebetkache Women Development & Resource Centre

• In the Niger Delta region of Nigeria, critical pollution issues arise from extractive activities dating back to the 1950s. The focus is on oil spillage and gas flaring, with crude oil spilling into land, water bodies, and farmlands over the past six decades.
• Women, primarily subsistence farmers, are displaced from their livelihoods when oil spills occur, suffering the most despite not being landowners. Compensation discussions are typically held with men, particularly chiefs, who hold land titles.
• Oil spills cause severe health challenges, impacting women’s health with pregnancy-related issues and fertility problems due to decades of living in toxic environments.
• In 2023 alone, Nigeria’s National Oil Spill Detection and Response Agency recorded over 1,000 oil spills, many of which went unreported and uncleaned. Contaminated soil remains, forcing communities to farm on land that is no longer fertile, leading to diminished crop yields even in areas without direct spills.
• A recent study revealed high levels of pollution in soil and water, consistent with the 2011 UNEP report on Ogoniland, which found benzene levels 900 times higher than WHO’s permissible limit.
• Old and rusty pipelines have not been replaced, despite years of advocacy, and the Nigerian government and corporations often blame local communities for oil spills, accusing them of illegal oil refining, which harms both their health and the environment.
• The over 30 million people in the Niger Delta cannot be relocated, and the solution requires deliberate remediation efforts from both the government and oil corporations.
• UNDP reported over 6,000 oil spill incidents between 1976 and 2001, with many still unaddressed. Companies like ExxonMobil apply chemicals to make spilled oil less visible, but contamination of fishing nets and boats persists.
• In December 2021, the Santa Barbara oil field spilled oil into the river for 28 consecutive days, with security forces blocking activists and journalists from accessing the site. No remediation efforts have occurred. Another spill in the Bonny area has been burning for three years without resolution.
• Women are disproportionately affected by these spills, as they fish in polluted rivers, often with babies strapped to their backs. Contaminated fish is their only option to feed their families.
• The lack of functional health facilities, clean water, and access to unpolluted air exacerbates the critical situation.
• The UN and the Special Rapporteur can influence the Nigerian government to prioritize people over profit and take urgent measures for affected communities.
• An example from a 2008 spill in the Bodo community illustrates the extent of pollution, with women needing to wade through oil-contaminated water to reach the shore. The government is aware yet takes no action.
• Urgent action is necessary, and those in power, including the UN and the Special Rapporteur, must push for the remediation of the Niger Delta environment.
• Many companies are planning to divest by selling their onshore assets and moving offshore. A key question arises: who will be responsible for cleaning up the environmental mess left behind— the company selling the assets or the one purchasing them? There are concerns regarding Renaissance Africa Energy, the company reportedly planning to buy these assets, as it may lack the necessary capital for the acquisition. Shell is allegedly offering a loan to Renaissance Africa Energy to facilitate the sale, leading to further uncertainties.
• The Nigerian government must refrain from approving these asset sales until there is a clear commitment to remediation and an agreement on the responsibility for existing liabilities.

Yves LADOR | Representative to the UN in Geneva, Earthjustice

• The UN has taken several actions, including the UNEP report on Ogoniland, studies by UNDP, and rulings by the African Commission and the African Court on Human and Peoples’ Rights concerning corporate responsibilities.
• The presence of a Working Group on Business and Human Rights and a Forum on Business and Human Rights at the UN indicates ongoing engagement with these issues.
• The severity of the situation is evident from the testimony, underscoring the urgent need for remediation and reparation.
• These testimonies serves as a strong call for action, highlighting the critical nature of the situation.

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• The decision by the African Commission on Human and Peoples’ Rights concerning the Niger Delta is significant, occurring during a time of military repression and the murder of environmental human rights defenders like Ken Saro-Wiwa.
• Communities experienced scorched-earth tactics and denial of their means of subsistence, leading to the involvement of international organizations when Nigeria was under military rule.
• Despite changes in government, policies remain largely unchanged due to the ongoing partnership between industrial, commercial, and governmental interests, which fosters a culture of impunity and pressure.
• A request for a country visit to Nigeria has been made, but the Nigerian government has not yet responded. There is hope for eventual acceptance of this request to shed light on these issues.
• The Niger Delta is home to 30 million people, making relocation impossible. Solutions must focus on stopping further pollution, including gas flaring, which spreads carcinogenic pollutants and disproportionately affects women and girls.
• Cleanup efforts are difficult, expensive, and technical, yet they are imperative. Community members face daily exposure to contamination through polluted water for drinking and bathing.
• The ongoing contamination severely impacts mental health, as communities endure the reality of living in polluted environments.
• Urgent concrete action is required now to address these critical issues.

Melani GUNATHILAKA | Sri Lankan climate activist | Human rights defender collaborating with Climate Action Now

• Sri Lanka is among the islands most threatened by climate change, with some small islands in the north already below sea level.
• The MV Express Pearl, a Singaporean-flagged ship, caught fire in May 2021 while carrying hazardous materials, including 25 metric tons of nitric acid and 87 containers of plastic pellets.
• Controversies arose from the incident, including allegations of deleted emails by the local agent and legal disputes filed in Singapore instead of Sri Lanka.
• The chemical spill resulted in physical and chemical hazards, with dead marine life washing up on beaches and fishing bans imposed. Women involved in cleanup operations suffered burns from handling toxic materials.
• Despite concerns raised by environmental organizations, the situation persisted.
• In March 2024, the MV Dalian, another Singapore-flagged cargo ship, collided with the Baltimore Bridge while carrying 764 tons of hazardous waste, which Sri Lankan authorities were unaware of. This incident underscored the need for stronger laws regarding hazardous material shipments and greater transparency.
• A 2021 UNEP report on the Express Pearl incident called for stricter controls on chemical and plastic shipping.
• Sri Lanka has proposed classifying plastic pellets as hazardous substances, but there has been no positive response to date.
• There is a call for support of a globally binding plastic treaty to restrict shipments of microplastics and other toxic materials.
• Between 2017 and 2019, 263 containers of hazardous bio-waste were imported from the UK to Sri Lanka, violating the Basel Convention. The litigation process regarding this issue has stalled.
• Chemical waste in Sri Lanka, including industrial pollutants, agricultural chemicals, and household waste, poses serious health risks for women in both rural and urban communities, leading to respiratory diseases and reproductive health issues.
• The ongoing debt and economic crisis in Sri Lanka means economic priorities often overshadow environmental concerns, risking the commodification of natural resources and the potential for greenwashing.
• There is an urgent need for stricter laws and regulations governing the shipment, importation, and manufacturing of virgin plastics.

Marcos ORELLANA | UN Special Rapporteur on toxics and human rights

• The work on the Express Pearl has involved dialogue with organizations in Sri Lanka, while a discussion related to the regulation of transboundary transport and international trade of plastic pellets (nurdles) took place in the context of my visit to the International Maritime Organization (IMO), which resulting report highlights the need for a multilateral solution, specifically an IMO-led initiative, as Sri Lanka alone cannot resolve these issues.
• Possible solutions include amending MARPOL (International Convention for the Prevention of Pollution from Ships), a key instrument concerning pollution from vessels, but this presents challenges as it primarily addresses operational pollution rather than cargo-related pollution.
• The classification of nurdles as hazardous is under discussion, which may involve the annexes of MARPOL.
• The negotiations on the treaty on plastic pollution will be crucial in determining how this new instrument interacts with MARPOL and whether it can effectively address plastic pellet issues.
• Reflecting on the export of medical waste from the UK to Sri Lanka, it’s essential to remember that the mandate on toxics and human rights was established in 1995 to address environmental injustices, particularly the dumping of hazardous waste from the Global North into developing countries.
• Despite the Basel Convention on Transboundary Movements of Hazardous Waste criminalizing illegal transfers, instances of illegal waste dumping persist, as seen in documented cases from Tunisia and Sri Lanka, indicating a need for ongoing vigilance, monitoring, and enforcement.
• Although significant North-South waste transfers have decreased since the 1980s, there is now an increase in South-South transfers, particularly plastic waste moving from developing countries to less developed regions, adding a new layer of environmental injustice.
• There is a broader impact of chemical exposure, beyond just women and girls. Men are also affected; for instance, testicular cancer has been linked to exposure to PFAS, a « forever chemicals. »
• These chemicals disrupt endocrine functions and impact sperm production, leading to severe implications for human reproduction and the right to family.
• Last year marked the adoption of the Global Framework on Chemicals, succeeding the Strategic Approach to International Chemicals Management (SAICM).
• The differentiated impact of chemicals on women and girls is significant, influenced by biological, workplace, and social factors.
• Unfortunately, we still lack adequate data to address these impacts effectively, meaning policies are often developed without sufficient information—this is a significant gap.
• The gender action plan called for during the fifth session of international chemicals management could help address this issue.
• While the report on gender and toxics effectively documents impacts and identifies causes, there has been inadequate attention to chemical exposure in reproductive health.
• This serves as a call to governments for differentiated policies and urges civil society to advocate more strongly for these issues in policy discussions.

Video

Photo Gallery

Documents

• Invitation

Links

• Geneva Toxic Free Talks | GEN
• Human Rights, Hazardous Substances, and the Role of Geneva  | GEN
• Human Rights and the Environment | GEN
• Gender and the Environment | GEN