The United Nations Special Rapporteur urges the Australian Government to uphold and enshrine the right to a clean, healthy and sustainable environment.

                                                     Media Release                                                    14/11/2024

The United Nations Special Rapporteur urges the Australian Government to uphold and enshrine the right to a clean, healthy and sustainable environment.

The United Nations Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Professor Marcos Orellana, visited Australia from 28 August to 8 September 2023.

His final report and recommendations have recently been published and provided to the Australian Government. The Australian Government’s response to the UN recommendations leaves most issues  unaddressed.

During his visit to Australia, Professor Orellana visited, and was briefed by, frontline communities, indigenous communities, academics, civil society organisations and government agencies in relation to Australia’s management of hazardous substances and wastes. Toxics Free Australia helped coordinate the engagement of many of these organisations with the UN Special Rapporteur.

He warned that proposed petrochemical, oil and gas projects and waste incinerators in Australia would aggravate the global climate emergency.

He concludes in his report that, “The discourse around toxics in Australia is characterized by a deep disconnect between the narratives of authorities and those of communities. Whereas the authorities prioritize efforts towards stronger regulations to address the risks of chemicals and pollution, communities and civil society denounce State actions for the benefit of mining, oil, gas, agrochemical and other corporate interests. This disconnect appears particularly acute between Indigenous Peoples and the Government. Representatives of Indigenous Peoples often referred to the ongoing colonization of their territories and expressed frustration at their exclusion from decision-making processes.”

Toxics Free Australia Chair, Jane Bremmer states, “We welcome the recommendations from the UN Special Rapporteur on toxics and hazardous waste at this time in Australia. Many communities are facing disproportionate impacts from industrial pollution sources, including waste incineration, pesticides and contaminated lands. These environmental injustices can no longer be swept under the carpet and must be addressed if Australia continues to hold positions of power and influence at international forums. It is no longer tolerable for Australia to be seen as environmental leaders amongst OECD and developing countries while ignoring the plight of their own citizens.”

Key recommendations of the Special Rapporteur that Civil Society Organisations, academics and experts in Australia should continue to monitor include,

Legal Framework and environmental governance 109:

1. a) Guarantee the right to a clean, healthy and sustainable environment in the Constitution of Australia and the national and subnational legislative framework, allowing for its justiciability in domestic courts;
2. d) Create a national environmental regulator or a federal Environmental Protection Agency that can enforce harmonized national standards;
3. i) Ratify the amendments to the Stockholm Convention on Persistent Organic Pollutants that list new pollutants, and revise the National Implementation Plan;
4. e) Align national and subnational legislation with the United Nations Declaration on the Rights of Indigenous Peoples
5. j) Reduce and eliminate the releases of unintended persistent organic pollutants, such as from waste incinerators;

Air Pollution and just transition 111:

1. g) Implement a national and subnational moratorium on all new fossil fuel developments to reduce emissions of greenhouse gases.
2. e) Require real-time monitoring of air pollution and decrease the population threshold for the requirement to install monitoring stations under the Ambient Air Quality National Environment Measure;

Waste 113:

1. Ensure the internalization of environmental costs, to transition to zero waste and a chemically safe circular economy;
2. Promote greater coordination, with effective national and subnational cooperation, in the implementation of waste management laws and programmes;
3. Strengthen the tools available for access to environmental information, particularly on hazardous substances and wastes;
4. Expand the list of pollutants that require reporting and monitoring under the Australian National Pollutant Inventory;
5. Develop measures to further reduce plastic production and demand;
6. Accelerate the removal of asbestos from buildings and undertake remediation of contaminated environments;

Agrochemicals 114

1. Enact a national law to control the use of pesticides and veterinary medicines, and eliminate use of highly hazardous pesticides;
2. Stop spraying agrochemicals over schools, day-care areas, hospitals, aged-care facilities, medical clinics and residential areas;

“These recommendations are not radical or difficult for the Australian government to implement and we call on the Federal and state governments to work together to bring them about urgently.” States Jane Bremmer, Chair Toxics Free Australia.

The full report can be found here, including the response from the Australian Government:

https://www.ohchr.org/en/documents/country-reports/ahrc5752add2-visit-australia-report-special-rapporteur-implications-human

Fore more information: Jane Bremmer 0432041397   https://www.toxicsfreeaustralia.org.au/