Miljø- og Fødevareudvalget 2018-19 (1. samling)
MOF Alm.del Bilag 104
Offentligt
1959218_0001.png
A
/HRC/39/48/Add.2
Advance Unedited Version
Distr.: General
10 September 2018
Original: English
Human Rights Council
Thirty-ninth session
10–28 September 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the implications for
human rights of the environmentally sound management and
disposal of hazardous substances and wastes on his mission to
Denmark and Greenland
*
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes on his mission to Denmark.
In his report, submitted pursuant to Human Rights Council resolution 36/15, the Special
Rapporteur shares his findings and recommendations derived from his official country visit.
*
The present report was submitted after the deadline in order to reflect recent developments.
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0002.png
A/HRC/39/48/Add.2
Report of the Special Rapporteur on the implications for
human rights of the environmentally sound management and
disposal of hazardous substances and wastes on his mission to
Denmark and Greenland
**
Contents
Page
I.
II.
Introduction ......................................................................................................................................
The situation in Denmark .................................................................................................................
A.
B.
C.
D.
E.
F.
National legal and institutional framework ..............................................................................
Protection of the child’s right to the highest attainable standard of health
..............................
Protection of workers ...............................................................................................................
Information and public participation .......................................................................................
Extraterritorial impacts of shipbreaking ..................................................................................
Extraterritorial impacts of pesticide exports ............................................................................
3
3
3
5
6
8
8
11
12
12
13
14
16
17
18
18
19
III.
The situation in Greenland ...............................................................................................................
A.
B.
C.
D.
E.
Self-Government legal and institutional framework ................................................................
Pollution of the Artic environment and climate change ...........................................................
Military activities .....................................................................................................................
Mining initiatives .....................................................................................................................
Challenges in the management of waste ..................................................................................
IV.
Conclusion and Recommendations ..................................................................................................
A.
B.
Denmark ..................................................................................................................................
Greenland .................................................................................................................................
**
Circulated in the language of submission only
.
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0003.png
A/HRC/39/48/Add.2
I.
Introduction
1.
In the present report, submitted pursuant to Human Rights Council resolution 35/15,
the Special Rapporteur on the implications for human rights of the environmentally sound
disposal of hazardous substances and wastes shares his findings and recommendations from
his mission to Denmark and to the self-governing territory of Greenland from 2 to 13
October 2017.
2.
The Special Rapporteur expresses his deepest gratitude to the Government of
Denmark for the invitation to visit the country and the exemplary cooperation. In particular,
the Special Rapporteur thanks the Ministry of Environment and Food for organizing
meetings with authorities in Copenhagen, and the Greenland Self-Government authorities
for organizing meetings with Governmental entities and authorities in Ilulissat and Nuuk.
3.
In Denmark, the Special Rapporteur met with representatives from the Ministries of
Foreign Affairs, Defence, Environment and Food, Health; and from the Environmental
Protection Agency (EPA). He also met with representatives from the Danish Institute for
Human Rights. From the business community, the Special Rapporteur met with
representatives from the Danish Industry Federation, Danish Shipping, and A.P. Moller–
Maersk. He also met with representatives from the European Environment Agency and
multiple civil society representatives working on human rights, labour rights, equitable
trade and environmental issues.
4.
In Greenland, the Special Rapporteur met with representatives from the Ministries of
Independence, Foreign Affairs and Agriculture; Mineral Resources; Industry, Labour,
Trade and Energy; Nature and Environment; and the Health and the Environmental Agency
for Mineral Resource Activities. He also visited the Inatsisartut (Greenlandic Parliament)
and met with Parliamentarians sitting at the Environment, and Foreign Affairs Committees.
The Special Rapporteur also met with the Human Rights Council of Greenland,
representatives from the Inuit Circumpolar Council in Greenland and civil society
representatives.
5.
The Special Rapporteur thanks all the civil society organizations, companies and
individuals in Denmark and Greenland with whom he met, for their time and cooperation in
sharing information on their views and experiences.
6.
The present report is divided into two main sections containing separate
observations on the situation in Denmark and in Greenland given the specificities of the
legal and institutional frameworks in place in the Self-Governing territories of Denmark.
The Special Rapporteur was unable to visit the Faroe Islands and thus this report does not
address the situation there. A final section provides conclusions and recommendations for
the observations made in Denmark and Greenland.
II.
A.
The situation in Denmark
National legal and institutional framework
7.
Denmark’s
Constitution guarantees a number of civil and political human rights.
Yet, the level of incorporation of international human rights instruments, especially the
level of recognition of economic, social and cultural rights in the domestic legislation is
considered insufficient.
1
The European Convention on Human Rights is the only human
rights treaty incorporated in Danish law to date. In 2014, an Expert Committee established
by the Government presented an assessment on the implications of further incorporating
human rights instruments into legislation with most members favouring the incorporation.
Civil society organizations expressed disappointment that the only result of the
Committee’s work was that the Government decided to accede to the Third Optional
1
See p. 5 and 6 of CRC/C/DNK/CO/5 and p.4 of E/C.12/DNK/CO/5.
3
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0004.png
A/HRC/39/48/Add.2
Protocol of the Convention on the Rights of the Child.
2
The Danish Government indicates
that despite not having achieved the treaties’ incorporation, these can be and are applied
nationally by courts and other relevant authorities.
3
8.
Denmark has ratified most global human rights treaties. However, two notable
exceptions are the Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of their Families. The Special Rapporteur underlines
the importance of ratifying both instruments, noting the special relevance of the Optional
Protocol to the ICESCR in enhancing protection of various rights often affected by
hazardous substances and wastes, and the specific vulnerability of migrant workers to the
exposure to hazardous substances. Denmark regularly collaborates with international
human rights mechanisms, and issued a standing invitation to the special mechanisms
appointed by the UN Human Rights Council. The Danish Institute for Human Rights, the
national human rights institution in place, possesses “A status” in accordance with the
Principles relating to the Status of National Institutions (Paris Principles).
9.
Denmark is party to all the global treaties for toxic chemicals and wastes and has
actively championed the improvement of global standards both at regional and global
levels. The regulatory system for the protection from exposure to hazardous substances and
the management of wastes in Denmark is framed by European Union (EU) legislation,
supported by additional national norms and mechanisms. Denmark participates in Nordic,
European (EU/EEA and Reach) and global bodies to improve protection from exposure to
toxic chemicals. As detailed below, the Danish national experience with research and
regulation of chemicals and other hazardous substances has contributed to the advancement
of regulations and practices at European and global levels.
10.
The Ministry of Environment and Food of Denmark is the main authority in charge
of regulatory and research activities in the areas of environmental protection, farming and
food production. Within the Ministry, the Environmental Protection Agency is the leading
entity promoting,
inter alia,
protection against air, sound and waste pollution and protection
from exposure to hazardous chemicals. The Danish Veterinary and Food Administration,
within the same Ministry, carries out all inspection work on the presence of hazardous
substances, including pesticides,
4
in food products, making recommendations to producers,
importers and exporters. All inspection of farms regarding pesticide issues are managed by
a single authority
–
the Danish AgriFish Agency.
5
Occupational health and safety is
promoted by the Danish Working Environment Authority, under the auspices of the Danish
Ministry of Employment, and the Authority is responsible for compliance with
occupational health and safety standards.
6
Continued ad-hoc inter-ministerial coordination
at the national level, led by the Ministry Environment and Food, is highlighted as a good
practice to address challenges in contamination of food and the environment through
exposure to pesticides and other toxics.
7
11.
National legislative instruments, norms and policies are framed by EU regulations
aiming at the protection from exposure to hazardous substances and wastes. Often, as
2
3
4
5
6
7
Joint Stakeholder Submission Universal Periodic Review of Denmark 24th session of the UN Human
Rights Council January-February 2016
A/HRC/32/10/Add.1
This report
uses the definition of WHO on pesticides: accordingly “pesticides” are chemical
compounds that are used to kill pests, including insects, rodents, fungi and unwanted plants (weeds).
http://eng.mst.dk/chemicals/pesticides/reducing-the-impact-on-the-environment/initiatives-under-the-
green-growth-action-plan/inspection-activities/
Part 7, The Greenland Working Environment Act, Executive Order No. 1048 of 26 October 2005
subsequently amended (Executive Order No. 1048 of 26 October 2005, and Act No. 1382 of 23
December 2012)
Danish Ministry of Environment, National Implementation Plan: Stockholm Convention on Persistent
Organic Pollutants, page 9
http://chm.pops.int/Implementation/NationalImplementationPlans/NIPTransmission/tabid/253/Defaul
t.aspx
4
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0005.png
A/HRC/39/48/Add.2
detailed below, Danish norms in areas such as the control of pesticides and other toxic
substances go beyond EU norms, providing incentives for regional improvements.
12.
The Special Rapporteur was impressed by the societal value placed on the protection
of human health and the environment from toxic exposures. Denmark has championed a
freedom from toxic exposures for several years
8
, with clear recognition in its national
action plan that the improvement of international standards for toxic chemical production
and use is
essential given the country’s reliance on imported goods.
Denmark’s
promotion
of a non-toxic environment, which the Special Rapporteur views as being an essential
component of the right to a healthy environment, influenced an EU-wide strategy for a non-
toxic environment.
9
B.
Protection of the child’s right to the
highest attainable standard of
health
13.
Denmark has achieved considerable progress nationally and internationally in the
adoption of specific measures to protect children and women of reproductive age from toxic
exposures. In general, children have higher levels of exposure and are also more sensitive
to the adverse effects of exposure to hazardous substances. States have a clear duty to take
protective measures to minimize the exposure of children (and thus women of reproductive
age) to pollution and toxic chemicals.
10
For decades, Denmark has applied the principles of
prevention and precaution to protect child rights from toxic threats, often leading to
improved standards of protection both in Denmark and abroad.
14.
One of the most notable contributions of Denmark in the protection of children from
toxic exposures comes from its work on endocrine (or hormone) disrupting chemicals
(EDCs). Scientific evidence on the pervasive health impact of EDCs and the urgent need to
increase controls and restrictions to protect human health, and in particular, child
development, has emerged over the last two decades.
11
Exposure to EDCs poses distinct
threat to the rights of the child to life, health, maximum development, and physical
integrity, among others. EDCs are linked with ailments such as declining sperm count,
early puberty in girls and breast cancer. In 2002, Denmark adopted its first strategy within
the field of EDCs and combination effects. Current action plans in place are organized
around three main areas: knowledge building and development of test methods, action-
orientated investigations, and regulation.
15.
Significant investments have been made in research. In the 1990s, Danish
researchers identified effects on male reproductive health possibly related to EDC exposure
during foetal development. In 2008, the Government established the Danish Centre on
Endocrine Disruptors to generate and disseminate scientific knowledge on EDCs.
16.
The Centre on Endocrine Disruptors has facilitated research on areas including
exposure of pregnant women; combination effects on both male and female hormone
systems; options for the grouping of EDCs for expedited regulatory action; and the effects
of EDCs in the aquatic environment. Particularly, with regard to the combination or
“cocktail” effect of daily exposure of young children to a mixture of toxic chemicals,
Denmark has conducted research
12
identifying the deficiency of existing individual risk
assessment models for certain hazardous substances in real world conditions. The research
is important to improve measures for the protection of especially vulnerable groups such as
children and women of childbearing age.
8
9
10
11
12
Danish Chemical Action Plan, “Towards a life without toxins”
(2014)
https://chemicalwatch.com/register?o=21262&productID=1&layout=main
A/HRC/33/41
EDC-2: The Endocrine Society's Second Scientific Statement on Endocrine-Disrupting Chemicals
http://press.endocrine.org/doi/10.1210/er.2015-1010
EPA, ‘Survey and Health ‘Assessment of the exposure of 2 year-olds
to chemical substances in
Consumer Products’, 2009 and EPA, ‘Exposure of pregnant consumers to suspected endocrine
disrupters’, 2012.
5
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0006.png
A/HRC/39/48/Add.2
17.
Efforts adopted at the national level have often preceded similar measures by the
EU, and have sometimes been negatively affected by slower adoption of protective
measures at EU level. In 1999, Denmark adopted a ban on all phthalates in toys and
personal care products for children under three years of age. Eight years later, the EU
adopted a ban on the use of only six phthalates in this context. In 2012, the Danish
Government announced the intention to work towards a broader national ban on the use of
phthalates, which was unfortunately blocked by the European Commission using the
European parameter as an instrument to lower protections.
13
In 2011, Denmark became the
first country in the world to ban propylparaben and butylparaben in all personal care
products for children up to three years of age.
18.
The Government has also used taxes on the use of hazardous substances to push for
further reduction of exposure, through imposing taxes on pesticides, chlorinated solvents,
Chlorofluorocarbons (CFCs), nickel-cadmium batteries, soft Polyvinyl chloride (PVC) and
certain phthalates.
19.
Since 2012, Denmark has pressured the EU to adopt a set of criteria for EDCs
applicable across all relevant legislative areas, including cosmetics, pesticides and
industrial chemicals. In 2013, the EU Directorate-General for Environment proposed
criteria for the regulation of EDCs, which were supported by the Danish Government, but
viewed as too stringent by other EU members. The pesticide industry was particularly
concerned, as it claimed that the criteria could prohibit the use of 40 per cent of its
products, indicating the extent to which the control of the use of EDCs lags behind the state
of the science on the issue. In 2016, the European Commission published its proposed
criteria for the identification of EDCs, which was criticized by many in the scientific
community, including endocrinologists. Denmark joined the reaction against the criteria
proposed, while noting that the proposal required unprecedented and scientifically
unjustified levels of evidence; that it was inconsistent with corresponding legislation; and
that it lacked a precautionary aspect.
14
20.
The Commission eventually adopted criteria for the identification of endocrine
disrupting biocides in 2017, with relevance to other pesticides and industrial chemicals as
well. The adopted regulation was criticized by medical specialists
15
for its limited scope
and for requiring an excessively high burden of proof on how endocrine disruption results
in adverse effects. Concerns continue to be raised on the lack of transparency and limited
scope for participation of independent public researchers in this process. Danish authorities
reportedly continue to ask European regulators on how to proceed under this level of
uncertainty.
C.
Protection of workers
21.
Denmark’s approach
to the protection of workers from exposure to hazardous
substances includes legislation, monitoring, continued investment in research, and the
creation of mechanisms for knowledge sharing and collaboration between scientists, policy
makers, business enterprises and civil society.
22.
The Danish legal and policy framework dealing with protection of workers from
exposure to hazardous substances includes the Working Environment Act,
16
related
executive orders,
17
and the Working Environment Authority Guidelines which give an
13
14
15
16
17
https://www.euractiv.com/section/health-consumers/news/denmark-defies-eu-with-planned-ban-on-
phthalate-chemicals/
https://chemicalwatch.com/49735/denmarks-environment-minister-why-the-commissions-edcs-
criteria-fall-short
https://www.endocrine.org/news-room/2018/eu-criteria-fall-short-of-protecting-public-from-
endocrine-disrupting-chemicals
Ministry of Employment Consolidated Act no. 1072 (2010) and amendments,
http://engelsk.arbejdstilsynet.dk/en/regulations/acts/working-environment-act/arbejdsmiljoeloven1
Executive Orders pursuant to the Danish Working Environment Act, the Offshore Safety Act, and the
Act of Certain Offshore Installations, http://engelsk.arbejdstilsynet.dk/en/regulations/executive-orders
6
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0007.png
A/HRC/39/48/Add.2
indication on possible interpretation of the law on occupational safety and health.
18
Denmark ratified in 1995 the ILO Occupational Safety and Health Convention, (No. 155).
The law on protection of workers from exposure takes a preventative approach focusing
concern on elimination or minimization of exposure as a first step.
23.
The Danish Working Environment Authority is responsible for occupational health
and safety inspections of all companies, communication of information related to
occupational safety and health, and regulation.
19
The rights of workers in relation to remedy
for workplace accidents and occupational diseases are covered under the Workers’
Compensation Act.
20
Employers and occupational medical service providers have a duty to
report cases of industrial injury to the Labour Market Insurance to assess, investigate, and
make a decision on the claim.
21
The establishment of a list of occupational diseases is
considered to have facilitated the access of workers to remedies.
24.
A 2017 review of the literature on occupational safety and health
22
concluded that
the introduction of legislation combined with labour inspection enforcement activities
contributed to a reduction in injuries and fatalities and improved compliance with
regulation.
25.
The requirement by Danish legislation for substitution of hazardous substances or
materials with less hazardous ones, even if the effects of the hazardous substances are
insignificant, seems to have particularly contributed to progress in the protection of workers
(and consequently consumers) from exposure. The publication of a list of undesirable
substances, for which substitution is encouraged, has further improved the protection of
workers.
26.
The Danish experience to protect the right of workers to safe and healthy working
conditions
reflects the country’s overall strategy regarding the promotion of a non-toxic
environment, continuously identifying and eliminating hazardous chemicals, and is a
relevant source of knowledge on the multiple instruments that may be utilized by
Governments.
27.
The Ministry of Environment and Food publishes annually detailed and
disaggregated statistical data on pesticides use.
23
Research developed in Denmark has
served to raise awareness on the need to increase levels of protection. A 2015 study on the
implications of exposure of pregnant women working in greenhouses to pesticides, for
example, identified adverse effects in the neurodevelopment of their children, even though
the exposure occurred only during early pregnancy and under well regulated working
conditions.
24
28.
The Special Rapporteur acknowledges Denmark’s
efforts
in promoting occupational
safety and health through cooperation with other governments, to which he attaches great
importance given the transnational production and disposal chains of Danish businesses.
Among other activities, a 2016 project in Bangladesh established an expert group on
Occupational Safety and Health, in the Department for Inspection of Factories and
Establishments of the Government of Bangladesh. The Special Rapporteur welcomes this
cooperation but was disappointed to note that cooperation efforts did not include support to
the shipbreaking industry in Bangladesh or elsewhere, despite the substantial impact of
Danish businesses in this sector on the rights of foreign workers. He encourages further
18
19
20
21
22
23
24
https://workplacedenmark.dk/en/health-and-safety/working-environment-regulations
https://workplacedenmark.dk/en/health-and-safety/arbejdstilsynets-role-and-tasks
Consolidated Act No. 278 (2013); https://workplacedenmark.dk/en/health-and-safety/industrial-
injuries-rights-and-duties
Labour Market Insurance, https://aes.dk/da/english.aspx
Andersen JH1, Malmros P2, Ebbehoej NE2, Meulengracht Flachs E2, Bengtsen E3, Bonde JP2,
Systematic literature review on the effects of occupational safety and health (OSH) interventions at
the workplace, 2017
http://eng.mst.dk/chemicals/pesticides/pesticides-statistics/
Andersen HR, Debes F, Wohlfahrt-Veje C, Murata K, Grandjean P, Occupational pesticide exposure
in early pregnancy associated with sex-specific neurobehavioral deficits in the children at school age,
2015
7
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0008.png
A/HRC/39/48/Add.2
efforts by Danish businesses enterprises to ensure all workers are protected from exposure
to toxic substances in their supply chains, among other concerns for workers’ rights.
D.
Information and public participation
29.
Information is the cornerstone for efforts to respect and protect human rights from
toxic exposures.
30.
One relevant initiative for knowledge sharing and informing the development of
norms and policies was the establishment
of the “Danish Chemicals Forum”. The forum
promotes dialogue between authorities, industry, consumer organizations and other relevant
stakeholders sharing information in the products area. Collaboration with the Central
Customs and Tax Administration and the Danish Safety Technology Authority helps to
promote enforcement of regulatory decisions made at the Forum. In the same space, experts
may raise alerts on potentially harmful substances to be studied or eliminated, and discuss
practical challenges in ensuring elimination of these chemicals.
31.
Another good practice
is the “Tjek Kemien” mobile phone application,
developed in
2014, which helps consumers regain some control of their exposure to toxic chemicals and
to use their collective purchasing power to drive the adoption of safer chemicals in a variety
of consumer products (toys, electronics, clothes or furniture) which could contain toxic
substances. The application sends a request for information on the presence of various
Substances of Very High Concern (SVHC) (such as those linked to cancer, mutations or
reproductive harms). The manufacturer is required to reply within 45 days, free of charge
and provide guidance on the safe use of the product in accordance with the EU REACH
Regulation. Reportedly, consumers in Denmark have used the application almost 120,000
times since its creation,
25
and over 1,000 companies have provided feedback. In more than
7,000 cases, the consumer has received an answer right away.
26
This application supported
improvements by industry to avoid the use of SVHCs, either for consumer confidence or to
avoid the costs of compliance. The use of the application has gradually decreased, possibly
because of delays in receiving information and challenges with getting responses from
companies abroad. A similar application has been developed in Germany and the EU is
supporting a Europe-wide version.
27
32.
The Danish Consumer Council invests in the promotion of testing on the presence of
undesirable substances in multiple consumer products and in the dissemination of this
information among consumers and retailers. The project “Think chemicals” examines the
content of a very wide range of products (body lotions, toys, deodorants, food containers,
etc). The results of the tests it conducted over the years are publicly available online.
28
Testing processes help to sensitize the overall population and have sometimes persuaded
manufactures and retailers to adopt measures to ensure that the products offered are safer.
The Special Rapporteur was informed that local companies tended to be very collaborative
in finding safer alternatives, while some global giants (that are proportionally less affected
by the Danish market) were less keen. The coordination of data collection in Denmark with
similar processes in other locations in Europe is also helping organizations to push for
greater protections at the EU level.
29
E.
Extraterritorial impacts of shipbreaking
33.
Some of the most profound impacts on human rights from Danish business activities
occur outside the continent. Victims of transnational rights abuses by business enterprises
25
26
27
28
29
https://chemicalwatch.com/65331/danish-consumer-council-says-svhc-app-is-a-success
https://newsletter.echa.europa.eu/home/-/newsletter/entry/1_15_danish-app-for-consumers-a-big-
success
https://chemicalwatch.com/64821/eu-wide-app-to-learn-from-danish-project-problems
http://kemi.taenk.dk/english
Joint study on fluorinated substances in fast food packaging : http://kemi.taenk.dk/bliv-
groennere/fast-food-packaging-contains-unwanted-fluorinated-substances
8
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0009.png
A/HRC/39/48/Add.2
face various obstacles in accessing effective remedies, particularly for occupational
exposure to toxic substances. These challenges include proving damages and establishing
causal links, financial costs of access to remedy in most jurisdictions, and the potential lack
of independence of judicial systems. States have a duty to take necessary steps to address
these and other challenges for extraterritorial impacts of businesses in their territory or
jurisdiction to prevent a denial of justice and ensure the right to effective remedy for
victims abroad.
30
34.
The Danish shipping sector is among the biggest in the world, and has at times
contributed to the development of sound practices in the dismantling of ships. In 2017,
Denmark ranked seventh on the global ranking of operator nations.
31
The Danish company
A. P. Moeller Maersk stands as a world leader in the sector: as of May 2018 it has a global
capacity market share of 18.7 per cent.
32
35.
The extremely poor working and environmental conditions prevailing in most
shipbreaking yards remains of great concern to the mandate (A/HRC/12/26). South Asian
beaches are a regular destination for disposal and dismantling of vessels, resulting in
serious environmental damage and human rights violations and abuses. In 2017 it was
estimated that 543 large ships (80% of the total number of ships dismantled in the world)
were dismantled in the beaches of Bangladesh, India and Pakistan. As unsafe conditions
predominate, at least 33 workers reportedly died while working in shipbreaking during the
same period, a statistic that does not account for deaths, diseases and disabilities from toxic
exposures.
33
36.
The Danish government stated its commitment to promote the safe recycling of
ships by becoming the seventh country to ratify the Hong Kong International Convention
for the Safe and Environmentally Sound Recycling of Ships.
34
In 2013, the EU adopted a
Ship Recycling Regulation,
35
increasing the requirements established by the Honk Kong
Convention as it requires all ships calling EU ports to carry an inventory of hazardous
materials and establishes that EU flagged ships are only to be dismantled in EU-accredited
facilities. During the course of this visit, the EU was conducting a second assessment in the
first process of accreditation of yards worldwide.
37.
Danish shipping companies repeatedly indicated their willingness to ensure safer
dismantling of their ships. Notably, Maersk abandoned in 2006 the export of ships for
recycling in South Asian beaches, effectively prohibiting the practice of beaching. Yet, in
2016, Maersk reversed this position and resumed the sale of vessels for dismantling in
Alang Bay in India, where ships continue to be dismantled in deplorable conditions.
38.
Representatives of Maersk and Danish Shipping emphasized to the Special
Rapporteur the slowness of the evolution of the international regulatory framework, placing
them at a competitive disadvantage and the lack of definition on the EU accreditation
process, while explaining their decision to return to the selling of ships for dismantling in
Alang. They indicated that the selected yards in Alang had greatly improved in capacity to
dismantle ships without contaminating the area and under adequate working conditions.
They explained that the decision to return to the area was only made after the verified
adoption of safety requirements, and that the intent of this approach was to promote
progress in these difficult areas.
36
Maersk adopted what they called a
“Responsible Ship
30
31
32
33
34
35
36
General Comment no 24, CESCR
Danish Shipping Facts and Figures, 2017
https://www.statista.com/statistics/198206/share-of-leading-container-ship-operators-on-the-world-
liner-fleet/
http://www.shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2018/02/NGO-
Shipbreaking-Platform-Stats-Graphs-2017-List-UPDATED.pdf
The Convention will enter into force 24 months after ratification by 15 States, representing 40 per
cent of world merchant shipping by gross tonnage, combined maximum annual ship recycling volume
not less than 3 per cent of their combined tonnage.
EU Regulation no 1257/2013 of 20 November 2013
https://www.danishshipping.dk/en/press/news/alang-is-not-just-alang
9
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0010.png
A/HRC/39/48/Add.2
Recycling Standard”
37
with express intent to ensure ships are decommissioned in
accordance with human rights, labour and environmental standards. During the mission,
Maersk stated it did not have any environmental monitoring data. In this process, a group of
four yards in Alang received a Statement of Compliance (SOC) for Ship Recycling
Facilities following audits by ClassNK at the request of the industry.
39.
Several concerns were raised by civil society organizations with regard to this
decision. It was noted that there are only 4 accredited yards in an area with over 110 other
facilities side by side. No accurate environmental data was available to confirm
improvements as abundant malpractices remain around the accredited facilities.
Additionally, the access of relevant civil society organizations is strictly limited and only a
few pre-arranged visits with full control of the companies involved were promoted.
38
Finally, an independent investigative media and research organization made an
unannounced visit to an accredited yard in Alang just after Maersk had sent their first
vessels back to one of the yards considered to be improved and reported that, contrary to
what was stated by companies, parts of the ship were still in direct contact with the beach
and working conditions were clearly inadequate with workers exposed to serious risks.
39
40.
The Special Rapporteur remains seriously concerned that the decision to return to
Alang and the obvious social or environmental risks involved. Although recognizing the
importance of the accreditation efforts, he underlines that these should not replace official
assessments such as the ongoing EU assessment. In the view of the Special Rapporteur,
Class NK is not sufficiently independent or balanced to address the issues at hand. Its
administrative Council, Board of Directors, Auditors, Technical Committee and Marine
Committee are all directly or indirectly
appointed “from among ship-owners,
shipbuilders,
manufacturers of marine machinery and equipment, and others.”
40
The credibility of the
efforts is also damaged by the incapacity of the companies to convince the improved yards
to receive independent visits by civil society organizations, justifying their lack of
transparency with a claim that NGOs had scared yards owners with negative reporting.
41.
The dismantling of the vessel North Sea Producer, jointly owned by Maersk and the
Brazil-based Odebrecht, provides further insight on the extremely poor human rights due
diligence processes still in place in the sector. This vessel was sold in April 2016 by Maersk
and Odebrecht in the UK, while local authorities were informed by the owners that it was
being purchased by a Saint Kitts and Nevis-based company Conquistador Shipping
Corporation for further use in Nigeria. Yet, just after leaving Europe, the vessel was
beached in Chittagong, Bangladesh after being sold locally by Global Marketing Systems
JLT, a company involved in trading ships for dismantling on South Asia beaches.
Radioactive residues were found in the ship while it was already being dismantled at the
Chittagong beach without minimal protection. As a result of the radioactive contamination,
dismantling was halted and investigations started in 2017 both in Bangladesh and the UK.
Civil society and media informed that the owners were aware that a company specialized in
recycling was the actual purchaser of the ship, the sale to Saint Kitts and Nevis for further
use was not real; and that they failed to properly inform authorities.
42.
The Special Rapporteur was particularly troubled by the reluctance of Maersk to
engage in dialogue on this episode. During his visit, the representatives of Maersk indicated
that only the joint venture North Sea Producer Company, which merely existed for
administering the dismantled vessel, was capable of sharing any information on the issue.
In response to a communication on the same case sent by The Special Rapporteur and the
Working Group on Business and Human Rights, Maersk (still signing as North Sea
Producer Limited) vehemently denied knowing that the ship was purchased to be scrapped
and stated it believed the buyer would abide by clauses requiring responsible recycling of
the vessel imposed in the sale context. Contradicting Maersk in responding to the same
Maersk, Responsible Ship Recycling Standard “RSRS”, May 2018
http://www.shipbreakingplatform.org/platform-news-the-new-lobbyist-of-beaching-maersk-ignores-
concerns-of-environmental-and-human-rights-experts/
https://old.danwatch.dk/en/undersogelse/maersk-and-the-hazardous-waste/
http://www.classnk.com/hp/en/about/organization/index.html
37
38
39
40
10
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0011.png
A/HRC/39/48/Add.2
letter, Odebrecht indicated that the ship was indeed sold to Global Marketing Systems JLT
(making no reference on the inoperative Conquistador Shipping).
41
43.
This episode underlines the extreme challenges in ensuring accountability in the
cases of beaching and the unsatisfactory cooperation of the private sector in this regard.
Danish officials and industry representatives responded to the concerns raised by the
Special Rapporteur by making constant references on the need to move ahead with the
ratification of the Hong Kong Convention and on the lack of advancements made by other
States and the global industry. Yet, it is widely recognized (including by these same
interlocutors) that the Hong Kong Convention levels of protection are insufficient (See p.62
in A/HRC/12/26). Today, this enables various actors to undermine the provisions of the
Basel Convention that prohibit practices permitted by the Hong Kong Convention. It seems
that the creation of the Hong Kong Convention has allowed for the continuation of global
abuse of South Asian workers and communities by the shipping industry, including Maersk.
Even if the initiatives of the industry to promote some level of self-regulation could be
regarded as positive steps, this must not replace more robust efforts and existing obligations
on States and businesses under international law. It is crucial to recall that the Basel
Convention is in force, with near universal ratification, and still a source of clear duties and
responsibilities in the export of hazardous vessels for dismantling.
44.
The States where beaching is practiced have obligations to ensure the protection of
human rights in these locations. Yet, Denmark as well as other States hosting companies,
which are circumventing existing, global obligations in order to dispose their vessels in
inadequate conditions, also has the duty to prevent these well-documented abuses. The
incapacity of the Danish Government and companies to ensure a more rapid improvement
of norms and practices regarding shipbreaking is particularly disturbing when so much
progress was achieved in the protection against hazardous substances through the dialogue
between Danish authorities and companies operating in other sectors.
F.
Extraterritorial impacts of pesticide exports
45.
Taking into consideration the very advanced initiatives developed by Denmark in
the protection of Danish workers and their communities from the harmful effects of toxic
chemicals, in particular pesticides, the Special Rapporteur was disturbed by the lack of
attention to the continued exportation of hazardous pesticides banned by Denmark to
countries that have lower levels of protection against the adverse impacts of such pesticides
on the human right to health, among others. In some cases, products produced with such
banned pesticides and other toxic chemicals can be imported back into Denmark.
46.
The Danish company Cheminova is one of the main producers of one such pesticide,
Malathion (an insecticide). Evidence is publicly available on the serious risks posed by
Malathion to the environment, especially water sources and biodiversity and to human
health.
42
An analysis conducted in 2016 by the World Health Organization International
Agency for Research on Cancer (IARC)
43
concluded that Malathion is probably
carcinogenic to humans while identifying strong evidence that exposure to malathion-based
pesticides is genotoxic. For these reasons Malathion is not commercialized in the EU. Yet,
only in 2017, Cheminova A/S, a multinational pesticide producer based in Denmark
exported Malathion to over 40 countries outside the EU.
44
In 2015, the Special Rapporteur
expressed his concerns on the extreme impacts on the rights to food and water, and
livelihoods of communities, when 500 to 1000 kg of fish were killed in Peten River,
Guatemala, reportedly due to the heavy contamination of local waters by Malathion.
45
The
41
42
43
44
45
JAL OTH 6/2018,
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23623,
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=84603
http://www.pesticideinfo.org/Detail_Chemical.jsp?Rec_Id=PC32924
https://monographs.iarc.fr/ENG/Monographs/vol112/mono112-07.pdf
Export Notifications, European Chemical Agency
AL GTM 4/2015, https://spdb.ohchr.org/hrdb/31st/public_-_AL_Guatemala_25.11.15_(4.2015).pdf
11
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0012.png
A/HRC/39/48/Add.2
practices of Cheminova in countries with weaker normative frameworks have been
criticized in the past.
46
47.
The exposure of communities and workers in States with weaker regulations to
chemicals banned in Europe is an unacceptable demonstration of double standards.
47
As
previously addressed, additional legal instruments should be considered in Denmark in
order to ensure companies respect human rights throughout their operations and conduct
human rights due diligence in relation to their domestic and international operations and
supply chains, always using the highest levels or protection when operating in different
jurisdictions.
III. The situation in Greenland
A.
Self-Government legal and institutional framework
48.
In 1953, Greenland became an integral part of the Danish Realm. Gradually over the
following decades Greenland expanded its autonomy. The Greenland Self-Government’s
legal and institutional autonomy is currently provided by the Act on Greenland Self-
Government of 21 June 2009, which recognises that the people of Greenland have the right
to self-determination; describes the fields of responsibility and competences that Greenland
can assume; and introduces a new economic arrangement between Denmark and
Greenland.
48
49.
Pursuant to the 1978 Greenland Home Rule Act, Greenland has already assumed
legislative and administrative responsibility in a substantial number of fields, including the
environment area (except from marine environment). Several areas such as the constitution,
foreign, security, defence policy, foreign exchange and monetary policy cannot be assumed
by the Greenland Self Government due to the Danish Constitution. The Self-Government
Act contains a comprehensive set of rules and regulations concerning cooperation between
the Danish Government and the Greenland Government; Greenland has to be consulted
before the ratification of international agreements of specific relevance to Greenland.
50.
This also includes matters of foreign policy and military activity in Greenland.
Greenland has established representations in Danish Embassies in countries and institutions
of specific interest. Two members in the Danish Parliament represent Greenland. Most
human rights treaties recognized by Denmark apply in Greenland and the Greenland
Government provides reports to international human rights mechanisms. The Danish
Institute for Human Rights’ mandate as national human rights institution extends to
Greenland. Since 2013, Greenland has also established its own Human Rights Council,
which is funded with Greenlandic resources and cooperates with the Danish Institute for
Human Rights. Local authorities demonstrated great interest in strengthening the existing
mechanisms and maintaining regular collaboration with civil society.
51.
A number of international environment conventions including the Basel Convention
apply to Greenland. Until present, Greenland has not informed Denmark that the Aarhus
Convention shall be applicable in Greenland. Taking such as step would enhance
Greenlandic and Danish commitment to realize the rights to information, meaningful
participation and access to justice where there is a risk of exposure to hazardous substances
and wastes.
52.
The Greenlandic Ministry of Nature and Environment is charged with most of the
responsibilities relevant for the protection from hazardous substances and wastes. Within
this Ministry, the Department of Environment and Contingency Management is the main
46
47
48
Michael Søgaard Jørgensen, Bruno Milanez, Pesticide export to institutionally vulnerable countries,
who is responsible? An assessment of the practices and strategies of a Danish company in Brazil,
2012
A/HRC/33/41/Add.2, A/HRC/36/41, A/HRC/34/48
UN GA, A/64/676.
12
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0013.png
A/HRC/39/48/Add.2
authority in the control of pollution, providing environmental permits and also monitoring
the implementation of regulations for pollution and waste. Also within this Ministry, the
Greenlandic Environmental Agency for Mineral Resource Activities is the entity mandated
to oversee the environmental impact of Mineral activities.
B.
Pollution of the Artic environment and climate change
53.
The Arctic region is particularly affected by global pollution. Several studies have
confirmed the region is exposed to global pollution with possible important negative
consequences for the health of Greenlandic and other Arctic populations, including
indigenous peoples.
54.
Persistent pollutants were found in the Arctic region during the 1950s. The Arctic
region receives disproportional amounts of pollutants, naturally transported northward from
distant sources and deposited in arctic ice. The vast majority of these toxics do not originate
in the Artic and were banned or restricted due to human health or the environmental risks
several decades ago.
49
55.
Serious concern is drawn to this issue as a violation of the rights of the indigenous
peoples of the Arctic Region, especially in contravention of Article 29 of UN Declaration
on the Rights of Indigenous Peoples, prohibiting storage or disposal of hazardous materials
on their lands or territories without their free, prior and informed consent. Further these
pollutants pose a clear risk to a myriad of other rights of indigenous peoples, including their
rights to life, health, physical and mental integrity, and self-determination, among others.
50
Global efforts to reduce the exposure to these toxics such as the Stockholm Convention on
Persistent Organic Pollutants (POPs) are vital to protect Arctic populations from exposure
without their prior informed consent, i.e.
‘toxic trespass’.
51
However, existing global
treaties for toxic chemicals do not ban or regulate the use or emission of many toxic
chemicals that eventually contaminate the Arctic.
56.
A recent study
52
further confirmed that the frozen environment of the Arctic
cryosphere has become a
“reservoir of toxic chemicals”. As climate change contributes to
the melting of the ice sheet, the remobilization of these toxic chemicals into the Arctic
region and thus global environment is underway. Another recent study called the Arctic
Ocean a “dead end for floating plastics”
indicating that drifts of floating plastic (and their
toxic constituents) dumped into oceans in other regions over the years are accumulating in
polar latitudes.
53
57.
Concerns exist with regard to the high level of contamination of traditional food
sources for Greenlandic communities. It is reported that a wide spectrum of substances
–
industrial chemicals, pesticides, heavy metals, and radionuclides - that reach high levels in
the Arctic ecosystem have a strong impact in marine mammals (as contaminants
biomagnify up the food-chain) that form an important part of the traditional Inuit diet.
54
Such a disproportional exposure is associated with relevant risks to human health: a recent
study
55
found markedly higher levels of persistent pollutants in individuals with the highest
intake of traditional Greenlandic food and indicated a possible relation between the
49
50
51
52
53
54
55
These include highly hazardous pesticides like DDT, Aldrin, and Dieldrin, as well as toxic industrial
chemicals like Polychlorinated biphenyls (PCBs) and Hexachlorobenzenes (HCBs).
Articles 3, 7, 17, 21, 22, 24, UN Declaration on the Rights of Indigenous Peoples
« toxic trespass » refers to exposure to hazardous substances and wastes without free, prior, and
informed consent.
Aviaja L Hauptmann, Thomas Sicheritz-Pontén, Karen A Cameron, Jacob Bælum, Damian R Plichta,
Marlene Dalgaard, Marek Stiba,. Contamination of the Arctic reflected in microbial metagenomes
from the Greenland ice sheet.
Environmental Research Letters,
2017; 12 (7): 074019
DOI: 10.1088/1748-9326/aa7445
http://advances.sciencemag.org/content/3/4/e1600582
ICC, Food Security across the Arctic, Canada May 2012
L. K. Schæbel, E. C. Bonefeld-Jørgensen, H. Vestergaard, and S. Andersen, The influence of
persistent organic pollutants in the traditional Inuit diet on markers of inflammation, 2017
13
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0014.png
A/HRC/39/48/Add.2
exposure to this pollutants and the prevalence of inflammation affecting the health of
Greenlandic communities. Another recent case study in Greenland identified significant,
positive associations between breast cancer risk and certain classes of toxic chemicals,
concluding that exposure to such pollutants can be a factor increasing the risk for breast
cancer in Inuit women.
56
58. As a consequence of research findings, Greenlandic authorities have promoted information
campaigns to reduce risks of the traditional diet, especially for pregnant and breastfeeding
women. Identifying alternative food options is clearly a challenge in the local eco-system.
The Special Rapporteur underlines the need to continue investing in research on the
consequences of Artic pollution, the relevance of ensuring access to information and the
importance of developing a protocol to test for heavy metals in domestic foodstuffs, in
addition to developing alternative dietary options. The Arctic Monitoring and Assessment
Program, AMAP has during many years provided information about pollution levels in
Greenland and the Arctic.
59. Climate change has been found to potentially modulate the impact resulting from exposure
of humans to toxic pollutants, and certain uncertainties regarding the effects of climate
change on means it is not possible to make reliable risk and impact assessments, requiring
stricter application of the precautionary principle.
57
Climate change, including increasing
climate variability, may affect both primary and secondary emissions of persistent
pollutants in the Arctic region, potentially offsetting the efforts undertaken under the
Stockholm Convention to reduce emissions of POPs, increasing the risks related to their
harmful effects on human health.
58
Climate change is also increasing the navigation
possibilities around the island as the frosting of some areas becomes infrequent. The
increase of navigation brings other stressors, for example, ships discharging ballast water
into Arctic seas may introduce invasive species that may outcompete and displace resident
species. Increased opportunities of navigation also expand fishing opportunities. The
fishing industry is in fact a key pillar in the Greenlandic economy and reports were shared
with the Special Rapporteur with regard to the overfishing of some species such as salmon
59
and Greenland halibut.
60
60.
There is an urgent need for greater attention to the impacts of pollution in the Arctic.
The Special Rapporteur recognizes that Greenland suffers important consequences of
global pollution and should therefore continue and expand its involvement in demands for
global actions to speedily improve the management of hazardous substances and wastes.
Even if there are no major sources of mercury in Greenland, mercury contamination is a
key source of concern for the diet of traditional communities
–
therefore, Greenland should
consider application of the Minamata Convention on Mercury.
61
C.
Military activities
61.
The Danish Government has competence in matters of defence, but is to consult and
cooperate closely with the Greenlandic Government on foreign and security affairs of
particular importance to Greenland in accordance with the 2003 Itilleq Declaration.
Agreements signed between Denmark and the United States (U.S) in 1941 and 1951
allowed the United States to build a number of bases and radar stations in Greenland. The
establishment of the Thule Airbase in 1953 was particularly traumatic, as Danish authorities
56
57
58
59
60
61
Wielsøe M, Kern P, Bonefeld-Jørgensen EC, Serum levels of environmental pollutants is a risk factor
for breast cancer in Inuit: a case control study, 2017
United Nations Environment Programme/Arctic Monitoring and Assessment Programme
(UNEP/AMAP) Expert Group, Climate Change and POPs: Predicting the Impacts, submitted to
Stockholm Convention COP2, April 2011
UNEP/AMAP Id.
http://www.nasco.int/wgc_measures.html
http://wwf.panda.org/?309430/Much-at-stake-in-Greenland-halibut-overfishing
http://www.highnorthnews.com/making-mercury-history-greenland-chooses-to-opt-out-of-historic-
un-convention/
14
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0015.png
A/HRC/39/48/Add.2
forced the relocation of the inhabitants of the village of Uummannaq to other villages in the
area. The case was the object of domestic litigation and villagers were awarded financial
compensation. American presence significantly decreased over the years and successive
agreements between Denmark and the U.S, resulted in the return of military facilities to
Danish control with the exception of Thule Airbase.
62.
The lack of participation of Greenlandic authorities in past agreements adopted
between Danish and U.S. forces, and the protracted unwillingness from the Danish and U.S.
authorities, until recently, to perform a comprehensive clean-up following U.S. military
activities and of abandoned U.S. military sites, have fuelled debates on the responsibilities
for cleaning up of remains of former military presence as well as monitoring and
safeguarding the corresponding landfills. Difficulties in clarifying the extent, location and
type of waste, and the resulting inability to provide meaningful risk assessments to
communities living and hunting in the affected areas, has fuelled the sense of resentment
and frustration by Greenlanders. The Danish Government informed the Special Rapporteur
that it has financed various impact assessments.
63.
In recent years, concern over hazardous wastes left by the U.S. military increased in
Greenland. A 2016 report on the situation around the U.S. base “Camp Century” beneath
the surface of the north-western Greenland Ice Sheet estimated that tons of toxic waste
including PCBs and radioactive material could be exposed due to climate change and
thawing ice.
62
The base was decommissioned in 1967 after a study on the feasibility of
deploying ballistic missiles within the ice sheet. The Danish Government, in cooperation
with the Greenland Government, initiated several studies to assess the remaining waste at
Camp Century, including a programme for long-term climate monitoring, a survey of the
debris field and measurements of radioactivity in ice samples.
64.
The Special Rapporteur was informed that the U.S. Government interprets that the
agreement with Denmark excludes them from any liability related to the cleaning of the
remaining debris from previous military activity conducted in Greenland. Greenlanders
from their side exercise pressure on Danish authorities for solving the impact of the years of
activities conducted in their territory without their consent, control or participation.
However, interlocutors informed the Special Rapporteur that the U.S. Government financed
an arrangement with the Greenland Home Rule regarding the abandonment, demolition and
clean-up of certain bases, based on agreements between U.S. and Danish Governments,
including the Government of Greenland. Danish authorities granted a mutually agreed
financial contribution to the Home Rule for environmental clean-up at Dundas when that
area was given up by the US Government at the request of the Home Rule.
65.
Controversy marked the implementation of military activities especially due to the
difficulties in accessing information on the full nature of operations implemented by the US
forces. Concerns existed, for example, on the impact of the contamination generated by the
crash near a U.S. B-52 bomber loaded with nuclear weapons near the Thule Airbase. Due to
the high level of confidentiality, a controversy emerged about the potential risk of an
unaccounted unexploded device allegedly left in the area, but a study by the Danish
authorities
63
discarded this hypothesis. Workers involved in the clean-up operation claimed
long-term health problems resulted from their exposure to the radiation and legally
challenged the Danish Government for allegedly failing to monitor the health consequences
of their exposure to hazardous substances. Joint studies conducted by Danish health
authorities and the Greenland Home Rule Government did not identify the existence of
specific health consequences.
66.
In January 2018 Danish and Greenlandic authorities signed an agreement to promote
the clean-up of American military installations. The deal earmarks 180 million kroner over
six years for the clean-up. This followed a February 2017 agreement, adopted for the
monitoring and gauging the risks associated with Camp Century and the reported retraction
62
63
The abandoned ice sheet base at Camp Century, Greenland, in a warming climate
by Colgan et al. in
Geophysical Research Letters, 2016
https://www.diis.dk/files/media/publications/2009/diis_rp_2009-18.pdf
15
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0016.png
A/HRC/39/48/Add.2
of the covering ice cap. Regarding Camp Century, the Greenlandic Government does not
necessarily consider these studies and projects to be sufficient, and reiterates that it does not
assume legal responsibility for the detection, investigation and clean-up of pollution,
including radioactivity in the area.
67.
The Special Rapporteur recognizes the efforts taken to assess the impact of the
military waste and the commitment of Denmark to support the clean-up. Full transparency
is crucial to dissipate the tensions that had emerged over years of covert operations.
Regardless final attribution of responsibilities between Danish and U.S. forces, States must
ensure the disposal of contaminated war debris, unexploded ordnance and military
equipment in a manner that is consistent with international standards (A/HRC/5/5).
However, Greenlanders raised concerns during meetings regarding the continued use of the
island in defence efforts, including as part of an anti-missile shield.
68.
The Special Rapporteur was also informed about concerns regarding the impact of
waste left from the debris of rocket launching in the artic sea. In 2017, Greenlandic Inuits
protested
64
against the launch of satellites by the European Space Agency as the debris
potentially containing important quantities of unburned hydrazine fuel fell into an area of
vital hunting sources.
65
Greenlandic Inuits complained about not being informed on the
launches and noted the important risks these activities create for them. A recent study called
attention to the fact that since 2002 Russia has at least on ten occasions dropped rocket
stages fuelled with unsymmetrical dimethylhydrazine (UDMH) into the Barents Sea and the
North Water Polynya without consideration on the important risks posed by these activities.
The study noted that not all of the fuel on-board is consumed during a launch and the
residual fuel can pollute large areas. Scientific literature on the health consequences of
UDMH exposure is documented among US aerospace workers
66
Another study prepared by
United Nations Development Program in Kazakhstan, in areas of frequent use of similar
rockets, has noted serious health consequences for children and adults.
67
The Special
Rapporteur fully concurs with the calls for avoiding the use of UDMH-fuelled rockets until
their safety is fully demonstrated.
D.
Mining initiatives
69.
The extraction of minerals is regarded as one of the main potential sources for
economic expansion in Greenland and viewed by some interlocutors as critical for full
independence from Denmark. At the same time, there are important concerns on the
environmental and social impact of these activities can provoke. Reportedly, investment in
mineral activities has slowed in recent years due to the general decrease of commodities
price which made investments in remote areas less attractive.
70.
Most mining projects are still at embryonic stage. Special concerns existed, for
example, with regard to a mine for rare earth elements, zinc and uranium in Kvanefjeld,
near Narsaq. Accumulated experiences around the world illustrate that such mining projects
are associated with a wide range of potential adverse human health and societal risks.
Besides the risks to workers, this specific mine could potentially contaminate and otherwise
disturb areas used by the local community, for example as sheep farms. Depending on the
dimension of projects considered, an influx of migrant or temporary workers may be
required. Special measure must be taken to ensure oversight of working conditions and to
promote their integration in local communities. The capacity of authorities to ensure close
monitoring of waste and tailings dumps in the future might be another source of concern,
64
65
66
67
http://www.inuitcircumpolar.com/uploads/3/0/5/4/30542564/press_release_icc_pikialasorsuaq_
commission_calls_for_postponement_of_russian_rocket_launch.pdf
https://theconversation.com/latest-rocket-launch-renews-concerns-over-inuit-food-security-85708
Ritz, Beate PhD et al, Chemical Exposures of Rocket-Engine Test-Stand Personnel and Cancer
Mortality in a Cohort of Aerospace Workers, 1999
Environment and development nexus in Kazakhstan, UNDP,
https://www.thegef.org/sites/default/files/ncsa-documents/2147-22347.pdf
16
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0017.png
A/HRC/39/48/Add.2
especially while considering the accumulated challenges faced in the management of waste
around the island.
71.
The Mineral Resource Act (2010) is the framework legislation for all activities
related to mineral and hydrocarbon exploration and exploitation. The adoption of the legal
and institutional framework governing the mineral resource area, e.g. mining activities, in
Greenland was one of the significant consequences of the adoption of the Act on Greenland
Self-Government in 2009.
72.
The Mineral Resource Authority— comprised of the Mineral Licence and Safety
Authority and Environmental Agency for Mineral Resource Activities
—
is responsible for
all matters relating to mineral resources. The Authority may grant exploration licenses (for
ten years) with the possibility of renewals for additional three years at a time, and
exploitation licenses (once exploration has determined an economically feasible deposit—
for thirty years). A license for approval of a mineral activity can be granted only after an
assessment has been made of the impact on the environment (EIA) or when a social
sustainability assessment (SSA) has been conducted.
73.
Over the years, authorities have adapted the procedures for environmental and social
impact assessments with the aim of ensuring greater transparency and participation.
Environmental licensing is to be obtained with the Greenlandic Environmental Agency for
Mineral Resource Activities, which operates under the Ministry of Environment. The
Agency cooperates closely with DCE/Danish Center for Environment and Energy and with
the Greenland Institute of Natural Resources (GN), Pinngortitaleriffik with the aim of
securing independent scientific advice. Detailed guidelines
68
were prepared to orient the
process for preparing a Social Impact Assessment (SIA) and ensure meaningful
participation. The guidelines were updated in 2015, in a public consultation process. The
processing time for an application is expected to take from 4 to 12 months. During this
process at least two public consultations are required. Information on the entire process is to
be regularly made available online. Guidelines were also prepared for the Environmental
Impact Assessment (EIA).
74.
Authorities underscored their commitment to ensure prior and informed consent by
those affected in mining projects and the evolution of the norms regulating the licensing
seem to reflect this position. Yet challenges remain for ensuring wide access to information
and meaningful participation. The Special Rapporteur was informed that the time allowed
for pre-consultations was not realistic considering the special complexities of ensuring
meaningful participation of communities living in remote locations. Difficulties also
reportedly exist in the translation of documents often containing complex technical
information to Greenlandic and in informing all concerned communities. Some recent
assessments also revealed issues such as the lack of systematic evaluations of the former
and present extractive projects and to the challenges in creating spaces for participation in
an atmosphere where people feel comfortable to talk about issues that may be sensitive to
them (as the acceptance of mining projects can often divide communities).
69
Another
assessment also indicated that public participation in the decision making process is still
impaired by the lack of public access to the draft EIA report.
70
A comparison between two
different mining licensing processes revealed that capacity concerns affect especially
projects of greater scale.
E.
Challenges in the management of waste
75.
The overall planning of waste management across Greenland is a responsibility of
the Greenlandic Government, while municipalities can plan and implement their own
68
69
70
https://www.govmin.gl/images/Documents/Socio_Economics/SIA_guideline.pdf
Anne Merrild Hansen & Rachael Lorna Johnstone, Improving Public Participation in Greenland
Extractive Industries.
Maria Ackrén, Public Consultation Processes in Greenland Regarding the Mining Industry, 2015
https://arcticreview.no/index.php/arctic/article/view/216/803
17
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0018.png
A/HRC/39/48/Add.2
practices of local waste systems. The main norms for waste management are Parliament of
Greenland Act No. 9 of 22 November 2011 on the protection of the environment and the
Greenland Home Rule Proclamations No. 28 on the disposal of waste and No. 29 on oil and
chemical waste.
76.
Greenland faces major and quite unique environmental challenges in the
management of waste. It is a large landmass with disparate communities and lack of
connecting roads, which means that much of the transportation of waste is exclusively done
by boats or airplanes. Large volumes of plastic waste are generated through packaging for
imported goods. Recent evaluations
71
noted that the majority of the waste in Greenland is
disposed of in open dumps or incinerated in simple small-scale incinerators which release
toxic chemicals (e.g. dioxins) that accumulate in ice, food and people, calling for the
planned improvement. Concerns also exist with regard to waste management and the rights
to water and sanitation. Bucket toilets and discharge of wastewater to the ground or to open
sewer are problematic issues with potential consequences for environment and health.
77.
Investments were recently made to ameliorate the management of waste in more
populated areas. The Special Rapporteur was informed on the efforts of local authorities in
Ilulissat and Nuuk. In both locations authorities recognized the need to tackle backlog from
previous years and the need to abandon past practices of landfills and open air incineration.
Greenland aims at expanding economic activity by investments in the tourism and mining
sectors: such efforts must be planned considering the urgent need of improvements in waste
management.
IV. Conclusion and Recommendations
A.
Denmark
78.
The rich experience of Denmark in the promotion of the right to the highest
attainable standard of health through the reduction of toxic exposures can serve as a
valuable resource for other countries. Denmark has simultaneously advanced
research, public awareness and participation to advance the development of laws and
policies to improve health by enhanced protections against toxic exposures. Noting
increasing de-regulatory pressures at home and abroad, which are causing or
threatening regression from established protections, the Special Rapporteur believes
Denmark’s leadership is needed now more than ever to protect health from toxic
chemicals and urges the Government to redouble its efforts.
79.
A human rights-based approach to the protection against toxic exposure
requires specific attention to exposures by sensitive, at risk or vulnerable groups, and
deficiencies in the protection of the rights of such groups. Denmark’s efforts in
protecting the health of children from toxic exposures, particularly to chemicals that
interfere with a child’s healthy development, are commendable.
80.
However, challenges remain, particularly with the impact of Danish businesses
in foreign territories. These extra-territorial concerns were clearly evident in the cases
of shipbreaking and the export of hazardous pesticides banned by Denmark to
countries with lower standards of protection for workers and communities at risk.
The Government has paid insufficient attention to the toxic impacts of Danish
businesses on the rights of people outside Denmark. The mandate holder was struck
by the lack of attention by the national human rights institute and equitable trade
initiatives to the extraterritorial impacts of Danish businesses due to the
externalization of toxic exposures on people living outside Denmark. This is
particularly striking against the background of achievements within Denmark in
reducing domestic and European exposures to toxics.
71
Eisted R
1
, Christensen TH., Environmental assessment of waste management in Greenland: current
practice and potential future developments. 2012
18
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0019.png
A/HRC/39/48/Add.2
81.
In this regard, the Special Rapporteur would like to make the following
recommendations:
(a)
Denmark should continue its efforts to prevent exposure to hazardous
substances and further increase its efforts to protect the right to health and others
from toxic exposures in the following respects:
•
Explicitly link its efforts to develop a non-toxic environment with the
realization of all human rights implicated by toxic exposures;
•
Strengthen internal collaboration between experts on exposure to toxic
substances and human rights, including reporting under UN human rights
instruments; and
•
Develop a stronger, more comprehensive and ambitious global regime to
minimize exposure to toxic substances and prevent the abuse of human rights
in lower income countries. Such a regime should: redefine substances of global
concern to include those used in international supply chains; subject any such
chemicals of global concern to legally binding obligations based on human
rights obligations of States; include a periodic review for monitoring State
performance, with outputs of the process sent to the UN Convention on the
Rights of the Child regarding the realization of Article 24; a non-binding policy
framework to raise and discuss truly emerging issues; and require States to
compel businesses to perform human rights due diligence for impacts of toxic
substances throughout the lifecycle of their product and supply chains.
(b)
Denmark should ensure businesses in their territory/jurisdiction respect
human rights by:
•
Requiring such businesses to conduct human rights due diligence to identifying,
monitoring, assessing and addressing any abuses of human rights from toxic
substances. This should be for any impacts such businesses cause, contribute or
are linked to, in Denmark or abroad in relation to their domestic and
international operations and throughout their supply chains
•
Increasing cooperation with foreign governments in areas where there are
commercial relations with Danish businesses, particularly shipbreaking and
agriculture
(c)
Denmark should ensure that their laws provide for jurisdiction for
foreign cases of impacts due to hazardous substances and should assert jurisdiction
for corporate abuse of human rights abroad due to toxic exposures, including criminal
sanctions where appropriate
(d)
Denmark should consider ratification of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families.
(e)
A stronger, comprehensive global regime for toxic chemicals is required
to protect those most at risk of exposure to substances with risks to life and health,
including workers, low-income communities and children among others, and to
prevent businesses from exploiting lower standards of protection and weaker
governance structures in certain countries.
B.
Greenland
82.
As Greenland increased its governance autonomy, concerns on the
management of wastes and hazardous substances have emerged. Greenland faces
important challenges in establishing a reliable system for pollution control and waste
management: the small population distribution in a vast territory and the artic
climate impose important challenges to authorities. The Special Rapporteur was
pleased to note the commitment of Greenlandic authorities to pay attention to human
19
 MOF, Alm.del - 2018-19 (1. samling) - Bilag 104: Rapport fra FNs specialrapportør for menneskerettigheder og skadeligt affald efter besøg i Danmark og Grønland
1959218_0020.png
A/HRC/39/48/Add.2
rights obligations while promoting mining opportunities. Considering the significant
risks posed by some activities, greater capacity among environmental officials might
be needed to ensure standards are implemented. Special concerns exist with regard to
the high levels of contamination of traditional food sources for Greenlandic
communities with a wide spectrum of substances. These include synthetic chemicals,
heavy metals, and radionuclides that migrate northward to the Arctic ecosystem,
accumulating in traditional foods of the Inuit diet and contaminating water and ice.
The Special Rapporteur underlines the injustice to Greenlandic and Arctic
communities from the contamination of the resources on which they depend with
pollutants from foreign sources and calls for stronger international measures to
protect their rights.
83.
Concerns on the cleaning of waste accumulated by years of past military
activities can only be dissipated with the full support of all parties involved in past
activities. Transparency is vital to build the trust needed to conclude this process
effectively. Greenland is also particularly vulnerable to pollution coming from other
parts of the world and, therefore, must have its voice heard by the international
community as solutions on major environmental concerns are designed.
84.
In this regard, the Special Rapporteur would like to make the following
recommendations to the Greenland Self Government and to Denmark:
(a)
The Self Government should actively participate in global debates on the
control of pollution. It is encouraged to strengthen inter-linkages between climate
change and toxic chemical conventions to enhance efforts towards reducing exposure
to toxics. Greenland should consider informing Denmark to apply all relevant
conventions, including the Minamata Convention on Mercury and the Aarhus
Convention.
(b)
The Self Government should ensure information on pollution and
adequate forms of waste management is made available and accessible to local
communities, including potential options to reduce exposure to toxic substances.
(c)
Denmark must identify and remove all military waste left in Greenland
that is unwanted by the Greenlandic people. The United States is strongly encouraged
to engage and assist in this effort. Denmark and Greenland should significantly
enhance the participation of Greenlandic people in decisions regarding the presence of
foreign military forces in Greenland.
(d)
With regard to participation and consultation related to mining projects,
the Self Government is encouraged to reconsider time offered for pre-consultations to
allow sufficient mobilization of communities living in remote locations. Additional
resources should be directed towards translation and wider dissemination of
documents. The Self Government should further address concerns of a lack of
systematic evaluations of former and present extractive projects.
(e)
While considering the accumulated challenges faced in the management
of waste around the island, the Self Government is encouraged to upscale monitoring
of waste and tailings dumps and to ensure oversight of working conditions.
(f)
The Self Government should ensure the promotion of economic
expansion is constantly sided by efforts to improve chemicals and waste management
systems. Related to this, the Self Government should take concrete steps towards a
circular economy, including by abandoning open-air landfills and incineration of
waste.
(g)
Denmark should ensure that all neighbouring countries avoid launching
UDMH-fuelled rockets that land near Greenlandic territory until their safety is fully
demonstrated, and assess the potential impact of pollution from previous launches.
20