the toxic truth - Greenpeace
the toxic truth - Greenpeace the toxic truth - Greenpeace
the toxic truth SeCtION IV recommendAtions 175 Chapter 14
176 Amnesty internAtionAl And greenpeAce netherlAnds reCOmmeNdatIONS Recommendations to all states Preventing corporate abuse of human rights and the environment » All states should ensure that their legal framework allows for companies (legal persons) to be held criminally liable. States should also ensure that they allocate sufficient resources to enable proper investigation and prosecution of corporations. » All states should undertake a review of their regulatory framework in relation to the adequacy of measures in place to (a) ensure companies are required to respect human rights and the environment throughout their operations and (b) ensure the state can investigate and prosecute companies for crimes committed abroad or which have consequences abroad. This legal review should be made public. » Companies should be required by law to carry out human rights due diligence throughout their global operations, and to make the results public. » All companies should be required by law to disclose full information on any material or substance under the ownership or control of the company which has impacted the environment and public health. Preventing dumping of toxic waste and closing loopholes in the enforcement of international law » All States that have not already done so should ratify the Basel Convention together with the Basel Ban Amendment prohibiting the export of hazardous wastes from developed to developing countries. » All states should ensure effective implementation of the IMO prohibitions on blending bulk liquid cargoes during sea voyages and carrying out production processes on board ships. In any case where blending or production processes are carried out on board a ship, the resulting wastes should be covered by the Basel Convention. » All states that have the capacity and resouces should support and fund the first meeting of the Conference of Parties to the Bamako Convention. » States parties to the Basel Convention should ensure that Coker Naptha is defined as a hazardous waste under the Basel Convention. Accountability and access to justice » States that have the capacity and resources should engage with and support the government of Côte d’Ivoire to conduct a long-term follow-up study on the health of the affected population and to ensure that effective remedy is provided to the affected population.
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176 Amnesty internAtionAl And greenpeAce ne<strong>the</strong>rlAnds<br />
reCOmmeNdatIONS<br />
Recommendations<br />
to all states<br />
Preventing corporate abuse of<br />
human rights and <strong>the</strong> environment<br />
» All states should ensure that <strong>the</strong>ir legal<br />
framework allows for companies (legal<br />
persons) to be held criminally liable.<br />
States should also ensure that <strong>the</strong>y<br />
allocate sufficient resources to enable<br />
proper investigation and prosecution of<br />
corporations.<br />
» All states should undertake a review of<br />
<strong>the</strong>ir regulatory framework in relation to<br />
<strong>the</strong> adequacy of measures in place to<br />
(a) ensure companies are required to<br />
respect human rights and <strong>the</strong> environment<br />
throughout <strong>the</strong>ir operations and (b) ensure<br />
<strong>the</strong> state can investigate and prosecute<br />
companies for crimes committed abroad<br />
or which have consequences abroad. This<br />
legal review should be made public.<br />
» Companies should be required by law<br />
to carry out human rights due diligence<br />
throughout <strong>the</strong>ir global operations, and to<br />
make <strong>the</strong> results public.<br />
» All companies should be required by law to<br />
disclose full information on any material or<br />
substance under <strong>the</strong> ownership or control<br />
of <strong>the</strong> company which has impacted <strong>the</strong><br />
environment and public health.<br />
Preventing dumping of <strong>toxic</strong><br />
waste and closing loopholes in <strong>the</strong><br />
enforcement of international law<br />
» All States that have not already done<br />
so should ratify <strong>the</strong> Basel Convention<br />
toge<strong>the</strong>r with <strong>the</strong> Basel Ban Amendment<br />
prohibiting <strong>the</strong> export of hazardous wastes<br />
from developed to developing countries.<br />
» All states should ensure effective<br />
implementation of <strong>the</strong> IMO prohibitions<br />
on blending bulk liquid cargoes during<br />
sea voyages and carrying out production<br />
processes on board ships. In any case<br />
where blending or production processes<br />
are carried out on board a ship, <strong>the</strong><br />
resulting wastes should be covered by <strong>the</strong><br />
Basel Convention.<br />
» All states that have <strong>the</strong> capacity and<br />
resouces should support and fund <strong>the</strong> first<br />
meeting of <strong>the</strong> Conference of Parties to<br />
<strong>the</strong> Bamako Convention.<br />
» States parties to <strong>the</strong> Basel Convention<br />
should ensure that Coker Naptha is<br />
defined as a hazardous waste under <strong>the</strong><br />
Basel Convention.<br />
Accountability and access to justice<br />
» States that have <strong>the</strong> capacity and<br />
resources should engage with and support<br />
<strong>the</strong> government of Côte d’Ivoire to conduct<br />
a long-term follow-up study on <strong>the</strong> health<br />
of <strong>the</strong> affected population and to ensure<br />
that effective remedy is provided to <strong>the</strong><br />
affected population.