A/HRC/27/55 supported by international financial institutions – have been brought to the attention of the Special Rapporteur.28 The Special Rapporteur on toxic waste also examined the detrimental impact of extractive industries and disposal of toxic wastes on water.29 Such violations can be prevented by effective regulation. Where violations take place, access to justice for those affected must be guaranteed. Courts and human rights bodies should play a more active role in requiring governments to enact protective measures. 3. Failure to comply with human rights responsibilities by non-State actors 32. Independently of State obligations to protect vis-à-vis non-State actors, the latter also have human rights responsibilities and may be held accountable for failures. Under the United Nations Guiding Principles, businesses have a responsibility to respect human rights and to exercise due diligence to avoid any action which would result in human rights abuses in the scope of their operations, including their supply chain.30 If non-State actors abuse human rights, victims must be ensured access to justice. 33. International organizations may also contribute to the perpetration of violations, which calls for enhanced accountability. Article 55 (c) of the Charter of the United Nations stipulates that the United Nations shall promote “universal respect for, and observance of, human rights and fundamental freedoms for all”. It would go against the very object and purpose of the Charter if the United Nations itself were not required to respect the human rights law it promotes. 34. The United Nations Stabilization Mission in Haiti has come under scrutiny for its role in the cholera epidemic in Haiti in the aftermath of the 2010 earthquake. The epidemic killed over 8,500 people, sickened more than 700,000 and is still ongoing. It has been alleged that the cholera was brought in by peacekeepers and that it spread because of haphazardly constructed sanitation facilities that leaked sewage into a river that was an important source of drinking water.31 The United Nations has rejected the accusations and claimed immunity based on the Convention on the Privileges and Immunities of the United Nations, but United Nations human rights representatives are increasingly calling on the United Nations to establish responsibility. The Independent Expert on Haiti has stressed the need “to assure the Haitian people that the epidemic will be halted as soon as possible and that full reparation for damages will be provided”. He called for clarification of the facts and for realization of the right to a remedy, arguing that the “United Nations should be the first to honour these principles”32 and that “silence is the worst response”. 33 The United Nations High Commissioner for Human Rights called for an investigation by the United Nations and the country concerned, and called for “those who suffered as a result of that cholera be provided with compensation”.34 The Special Rapporteur wishes to emphasize the obligation to investigate the allegations in order to establish responsibility for any violations and to ensure the alleged victims’ right to a remedy, including compensation, if warranted. She welcomes the commitment by the United Nations to eradicate the disease in Haiti and urges it to meet that commitment by providing adequate resources. She further 28 29 30 31 32 33 34 10 Communication COL 4/2013 < https://spdb.ohchr.org/hrdb/24th/public__AL_Colombia_23.05.13_%284.2013%29.pdf> A/HRC/21/48, para. 39. OHCHR, “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework” (2011). A/HRC/25/71, para. 76. Ibid., para. 77. Ibid., para. 77, quoting A/HRC/22/65, para. 89. Quoted in Trenton Daniel, UN Official Makes Rare Case For Compensation For Haiti Cholera Victims, Huffington Post, 10/08/13.