Rome – A technical discussion explored the disproportionate impact that pesticides have on Indigenous Peoples, and how to better protect them. The meeting happened as a follow-up on the recommendation of the UN Permanent Forum on Indigenous Issues 2022 (paragraph 82) to adjust the FAO-WHO International Code of Conduct on Pesticide Management with the participation and holistic approaches of Indigenous Peoples.

The main objective of the Code of Conduct is to maximize the benefits of pesticides to effectively control pests in public health and agriculture, while protecting human and animal health and the environment from their harmful effects.

The impact of toxic agrochemicals on Indigenous Peoples 

“We Indigenous Peoples are suffering from the effects of chemicals and other toxins like the ones used by mining companies. The number of cancers in Indigenous communities is higher every year. One of the effects is also child malformation. The critical question is how we can review the code of conduct, and see how the Rotterdam, Basel and Stockholm conventions can be brought together,” emphasized Francisco Calí Tzay, UN Special Rapporteur on the Rights of Indigenous Peoples

“There is a significant and disproportional impact of the pesticides on Indigenous Peoples, for example, displacement and genetic malformations,” Marcos A. Orellana, UN Special Rapporteur on Toxics and Human Rights added. The code of conduct is a strong instrument, that however needs to be updated. “The Human Rights Council and UN General Assembly have recognized the right to a healthy, clean and sustainable environment. States have the duty to prevent exposure, not just minimize the exposure to toxins. Also, Indigenous Peoples are not mentioned in the code of conduct, so they are made invisible. There is the opening to mention ILO Convention 169 and Indigenous Peoples' righs” he emphasized. He added that double standards when it comes to export have to be ended, and that the Rotterdam convention needs to have a stronger science-policy interface, able to translate recommendations into protections.

 Darío Mejía Montalvo, Chair, UN Permanent Forum on Indigenous Issues underscored that “there are warnings from mother nature, and we are moving forward slowly.” The revision of the code of conduct should be updated in a timely manner, and should include comprehensive approaches by Indigenous Peoples, ILO Convention 169 and UNDRIP that include a comprehensive vision. What happens to food, biodiversity and human health is integrated. A rights-based approach needs to be reflected in concrete instruments, and precautions about pollutants in Indigenous Peoples’ territories.

“The violation of Indigenous Peoples' rights is a crime to communities. Some concrete effects are sterility, leukaemia, and the increase of cancer in children and adults,” Andrea Carmen, Director of the International Indian Treaty Council exemplified. The UN Declaration of Rights of Indigenous Peoples, article 29 stipulates that " States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.” In April 2022, the current UN Special Rapporteur on Toxics and Human Rights Marcos Orellana recommended that UNPFII 21 endorse amendments to the FAO Code of Conduct on Pesticides to include FPIC for Indigenous Peoples in accordance with Article 29 of the UN Declaration.

International Treaties and Conventions

The Rotterdam Convention on the prior informed consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade is one of the three major chemicals and waste conventions. Unlike the Stockholm Convention, it does not ban substances, but ensures information exchange, thus enabling parties to take informed decisions on the future import of certain substances. The Convention promotes shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment. The PIC procedure currently applies to 52 pesticides and industrial chemicals,” Christine Fuell, Coordinator, Secretariat of the Rotterdam Convention at FAO explained.

The Rotterdam Convention is legally binding and any suggested changes to the Convention text would take a very long time. Voluntary instruments, such as The International Code of Conduct on Pesticide Management are more flexible in that regard,” she added, while recognizing that decisions are taken by Governments and do not necessarily always include the views of Indigenous Peoples.

“Indigenous Peoples are especially vulnerable to pesticide exposure. Studies have shown that Indigenous children are six times more likely to die from pesticide poisoning. There are increasing cancer cases due to pesticides and worsening maternal health,” Baogen Gu, International Code of Conduct on Pesticide Management, FAO, explained. “Acknowledging the negative impacts of pesticides on the health and environment of Indigenous Peoples and local communities, FAO and WHO consider preventing the effects from toxic pesticides on Indigenous Peoples and protecting their human rights a priority,” he added.

“WHO is very aware of the impact of the excessive use of hazardous pesticides on public health. We recognize that now is the time to act.  In November 2022 will be the next annual meeting on the Code of Conduct,” said Rajpal Yadav, WHO, International Code of Conduct on Pesticide Management. He also mentioned that the UN Environment Programme will be invited to join the FAO-WHO joint work on pesticide management.

The way forward

“November will be an important moment to start revising the code of conduct. The idea is not to revise the code for Indigenous Peoples, but with Indigenous Peoples. To not only make them visible but to have full participation in the process, “ concluded Marcela Villarreal, Director, Partnerships and UN Collaboration, FAO.