A/68/264
38. Polluting industries frequently expand into areas in which disadvantaged
populations, such as indigenous communities, reside, and such populations bear the
brunt of the ill effects of industrial water pollution, including health problems and
the disruption of traditional livelihoods (see A/HRC/18/35, paras. 30-36). For
instance, oil operations have an impact on water quality, drinking water often being
contaminated through oil spills, for example in the Niger Delta, where the African
Commission on Human and Peoples’ Rights found spills and that the resulting
pollution brought about devastating effects on human health and livelihoods. 29 Such
contamination often goes hand in hand with disrespect for the human rights
principles of meaningful participation, and free, prior and informed consent (see
A/HRC/18/35, para. 47).
39. The mining sector poses particular challenges. The Special Rapporteur on the
implications for human rights of the environmentally sound management and
disposal of hazardous substances and wastes explained in a report that no other
resource is more affected by the extent and level of degradation of quality and
quantity owing to unsound management of hazardous substances and waste from
extractive industries than water. Substances seep, leech and drain into water
systems, contaminating not only the water reservoirs of the population living in the
immediate area around the mine, but also of communities living hundreds of
kilometres downstream (see A/HRC/21/48, para. 39).
40. Once valuable materials have been extracted, mine tailings can cause severe
water pollution with sometimes devastating results when tailing facilities fail (ibid.,
para. 17). Mining waste has also been disposed of directly into watercourses (ibid.,
para. 11). Most seriously, water resources can be affected by acid drainage resulting
from the decomposition of minerals triggered by mining activities. The legacy of
acid drainage can continue for centuries long after the mine has been closed which
results in water quality problems, with no current owner of the mine who can be
held directly accountable.
41. Activities of the fossil fuel industry to recover shale gas and other
unconventional reservoirs have increased through the use of hydraulic fracturing (or
fracking), in which a mix of water and chemicals is injected at high pressure into a
well to extract underground resources, such as oil, natural gas and geothermal
energy. Both wells and pits are very likely to have ecological impacts, including the
pollution of groundwater aquifers and contamination of drinking water (see report
on mission to the United States, A/HRC/18/33/Add.4, paras. 43-46). From the point
of view of human rights, largely unanswered questions arise concerning health and
safety.
IV. Integrating human rights in wastewater management and
water pollution control
42. The challenges arising from contamination call for concerted efforts to achieve
sustainable wastewater management and pollution control based on human rights.
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29
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African Commission on Human and Peoples’ Rights, Decision 155/96, taken at the eighteenth
ordinary session, in 2001 (ACHPR/COMM/A044/1659, para. 68).
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