Human rights and pesticides, PFAS, hazardous waste. OHCHR Audit in Italy

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Basic human rights are compromised by Italy’s mismanagement of pesticides, PFAS, and hazardous waste. So states the United Nations Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos A. Orellana, at the outcome of his audit 30.11-13.12.21. (1)

The U.N. Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes visited Porto Marghera and the PFAS-polluted area in Veneto, (2) the Tamburi neighborhood near the ILVA plant in Taranto, the Terra del Fuochi in Campania, and the San Vittore (FR) waste-to-energy plant in Lazio. The Beautiful Country of Poisons.

1) PESTICIDES

1.1) PAN

Notes with concern, the UN special rapporteur, that ”Italy’s National Action Plan (NAP) for the sustainable use of plant protection products expired in 2018, and no new plan has yet been adopted. This situation and delay is incompatible with the European Union Pesticides Directive, which requires national action plans to be reviewed at least every five years.’ Public consultation on the draft of a new NAP was organized on 4.10.19-even the writer participated, denouncing the total absence of measures to protect communities from the so-called drift effect (3)-but the document had no follow-up.

Another key issue for the new plan is the size of the buffer strips. These untreated strips are essential to protect people and vulnerable areas, including schools, playgrounds and hospitals, nature reserves and archaeological sites. Buffer zones are also critical in preventing surface and groundwater pollution. (4) I call on Italy to ensure that buffer zones are adequately sized to protect people, waters, and sensitive areas from the serious risks and harms associated with pesticide dispersal‘.

1.2) Veneto and Trentino-South Tyrol

The significant increase in the volume of pesticides used in the Veneto region, particularly in Prosecco wine growing areas,’ also causes much concern in the Special Rapporteur. ‘The area is one of the largest consumers of pesticides per hectare in the country, with an equivalentof one cubic meter of pesticides per inhabitant per year.’ We therefore welcome the initiative taken by several Italian municipalities to join the European Network of Pesticide-Free Cities.

I am also concerned about the situation in the Trentino-South Tyrol area. According to the information received, pesticides have been detected in children’s playgrounds located near agricultural areas. One such dangerous pesticide is Chlorpyrifos, a neurotoxic pesticide with negative impact on children’s neurodevelopment. This dangerous pesticide is banned in the European Union, but Italy has asked for an exemption for its use.’ (5)

1.3) Italian export of banned pesticides to EU.

Just thank you to the senior UN official we learn that Italy is still authorizing ‘The export of pesticides that are not approved in the European Union because they are dangerous to human health and the environment.’ A phenomenon we had already reported in connection with the paraquat, but without imagining that Italy was also involved in this type of operation.

Thisabominable double standard resulting from the export of highly dangerous pesticides that are banned’ must be stopped immediately, as ministry officials reportedly promised the UN Special Rapporteur. Which therefore calls for ‘Italy to exercise leadership at the regional level to ensure a Europe-wide ban on the export of banned pesticides.’ In the meantime, it is our right to access this environmental information. (6)

2) CONTAMINATED SITES

2.1) Pollution and human rights

Contaminated sites pose very serious human rights problems because of the exposure to hazardous substances of communities living in their vicinity. Contaminated sites are not only a problem related to past industrial development, as some activities and operations carried out even today generate serious toxic contamination and lead to an increasing number of cases of disease and deaths among the population.’

The National Epidemiological Study of Territories and Settlements Exposed to Pollution Risk (SENTIERI project) ‘found an excess of malignant mesothelioma, lung, colon and stomach cancer, and non-malignant respiratory diseases in populations residing in SINs [Sites of National Interest for Remediation, ed.] The excessive incidence of cancer has especially affected people living near chemical and petrochemical plants, oil refineries and places where hazardous waste has been dumped.

2.2) Porto Marghera

The huge petrochemical industrial complex in Porto Marghera ‘for decades neglected environmental protection and released hazardous contaminant waste.’ The following is now essential:

– the remediation plan must be implemented urgently and effectively on the entire site where the contamination, it is stressed, is serious and extensive,

– the regional government needs to monitor the health status of residents in the area around Porto Marghera, with attention to ‘excess mortality, cancers and cardio-circulatory diseases that might be associated with high levels of pollution.’

2.3) PFAS in Veneto

PFAS-known as ‘forever chemicals‘ because they persist without degrading in the environment-have contaminated drinking and agricultural water in Veneto. ‘Residents in the area have suffered serious health problems, such as infertility, miscarriages and various forms of cancer, among others.’ And ‘the authorities did not inform the residents of the affected areas or give information about PFAS pollution and health risks to the population.’

The Court of Vicenzainitiated criminal proceedings for environmental crimes against 15 defendants involved in Miteni operations.’ In the event of a conviction, the senior UN official trusts ‘that Italy can cooperate with those jurisdictions where the defendants have assets, in order to remedy the Tribunal’s decision, secure compensation for the victims and satisfy the ‘polluter pays’ principle.

2.4) PFAS in Piedmont and other regions.

In addition, I would like to point out that PFAS-related pollution is not limited to the Veneto region. Among other affected areas, PFAS contamination is of concern along Italy’s main basin, the Po Valley. I am particularly concerned about the production of PFAS by the Solvay company, currently underway in Spinetta Marengo, in the province of Alessandria, Piedmont. This operation could create an environmental disaster similar to that suffered by the affected communities in Veneto.’

The use of PFAS in production processes and the consequent discharge of contaminated water is also reported, it should be noted, in the ‘activities of small and medium-sized enterprises’ in various sectors, ‘including, forexample, the textile and leather industry.’ Therefore, it is necessary to control their presence in water, identify and stop contamination. To this end, the Special Rapporteur calls on Italy ‘totake the necessary measures to restrict the use of these substances at the national level, and to exercise its leadership at the regional level.’

2.5) Land of the Fires

The Land of Fires includes about 500 contaminated sites in 90 municipalities in the provinces of Caserta and Naples and affects 3 million people, 5 percent of the Italian population. ‘Illegal dumping and burning of hazardous waste has generated very high levels of air, water and soil pollution in some areas.‘ Following analysis of 400 hectares of land, farming was banned entirely on 12 percent of the land and partly on another 20 percent.

The extent of the problem is not yet fully known. Studies document increased morbidity and mortality in people living in polluted areas, as well as their increased vulnerability to Covid-19. Despite my requests, regional health authorities have not provided detailed data to refute these findings.’

Remediation activities, the UN Special Rapporteur points out, have not yet been implemented due to lack of resources and more support from the central government is needed. The burning of waste moreover ‘still continues in the Campania region, although at lower levels than in the early 2000s. Waste is also reportedly burned in open dumps in other regions of the country‘.

Conclusions

Authorities should ensure that industries use technologies and production methods that do not harm the health of residents. Every person has the right to live in a healthy environment free of toxic substances and wastes.

The report mentions other polluted sites, in Taranto because of ILVA and Livorno because of Solvay, among others. Not to mention the situation in the capital, from which waste is even exported to other regions of Italy.

Dario Dongo

Notes

(1) United Nation Human Rights Office of the High Commissioner. End-of-visit statement by Marcos A. Orellana on his visit to Italy, December 13, 2021. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27957&LangID=E

(2) Dario Dongo. Veneto. No PFAS Moms publish list of contaminated foods. GIFT(Great Italian Food Trade). 9/22/21, https://www.greatitalianfoodtrade.it/sicurezza/veneto-le-mamme-no-pfas-pubblicano-la-lista-degli-alimenti-contaminati

(3) Dario Dongo. Pesticides, the danger of Peter Pan. Égalité. 5.10.19, https://www.egalite.org/pesticidi-il-pericolo-di-peter-pan/

(4) Dario Dongo. ISPRA, 2020 report on pesticides in water. GIFT (Great Italian Food Trade). 12/24/20, https://www.greatitalianfoodtrade.it/sicurezza/ispra-rapporto-2020-sui-pesticidi-nelle-acque

(5) Dario Dongo, Marta Strinati. Chlorpyrifos, the pesticide that damages children’s brains. Class action in the US, waivers in Italy. GIFT (Great Italian Food Trade). 7/26/21, https://www.greatitalianfoodtrade.it/sicurezza/clorpirifos-il-pesticida-che-danneggia-il-cervello-dei-bambini-class-action-in-usa-deroghe-in-italia

(6) Citizens have the right to access environmental information under Leg. 195/05 (Article 2.1.a, points 6 and 3) implementing dir. 2003/4/EC on public access to environmental information

Dario Dongo
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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.