39th SESSION OF HUMAN RIGHTS COUNCIL General Debate Item-9 – Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action Remarks by OIC 25 September 2018
We thank the Special Rapporteur on the implications for human rights of environmentally sound management and disposal of hazardous substances and wastes and the Experts of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self- determination for their reports. We have examined the reports carefully. Both reports have overlapping elements that are of importance to OIC member states i.e the multifaceted, complex and negative effects of wars and conflicts on all human rights. The OIC shares the concerns of Mr. BaskutTuncak on manifold implications of toxic remnants of war. It is sad to learn that increase in birth defects among children in conflict areas,unexploded munitions, landmines, chemical weapons, pesticides, and other hazardous remains of war and conflict persist worldwide. These issues need to be addressed with urgency. In this regard we note the recommendation of SR on the need to work with relevant national and international organizations on monitoring and identification systems for hazardous remnants of armed conflict. However, when the SR says that, “Governments must provide effective remedy for hazardous remnants of conflict and other military activities, including funding for full remediation, comprehensive medical treatment and compensation for individuals experiencing the effects of exposure to these materials ”,we would like know his views on the aspects like
international cooperation in mitigating and managing such effects. We also note with appreciation his concerns about best interests of the child. We concur that states have obligations and businesses corresponding responsibility to prevent childhood exposure to toxic chemicals and pollution.
In this vein OIC appreciates the issues raised by the Working Group on Mercenaries. We agree “legislation should provide for any differences in what is permitted during peacetime and in the course of armed conflict as well as regulation of the involvement of foreign personnel in private security companies or in the participation of those companies in operations abroad ”. Agreeing with the Working Group on the notion that Private Security Companies have a transnational nature, and noting the strong recommendation that “ further standardization of accountability mechanisms is desirable, so as to ensure accountability of private military and security companies regardless of the location of their operations ”The Working Group defined PMS as “private military and security companies are transnational corporations legally registered which obtain contracts from governments, private firms, intergovernmental and non governmental organizations.” We would like the experts to share their views further on this aspect and if we can effectively address it under the legally binding instrument on Transnational Corporations?
I thank you.