Allegation letter to Republic of Korea, regarding toxic humidifier sterilizers, issues of accountability and remedy (AL KOR 5/2018)
Follow up to a previous allegation letter to Korea and numerous businesses for the sale of a toxic humidifier sterilizer responsible for the death and injury of hundreds of young children, pregnant women and older persons. The case was also addressed in a country visit to the Republic of Korea in October 2015.
In the present communication, the Special Rapporteur notes that the number of victims has increased substantially, with estimates of approximately 500,000 harmed. He expresses concern that so few of over approximately 500,000 people who have experienced “health damage,” and 3.5 to 4 million people exposed unjustifiably to an inadequately tested and highly toxic chemical product, have the 6000 cases filed claims and even fewer have received an effective remedy.
Furthermore the Special Rapporteur expresses “his utmost concern about the failure of SK Chemical, Aekyung Industrial and Emart to exercise their responsibility for human rights due diligence in selling the toxic chemical ingredients of the humidifier sterilizers, and their lack of accountability for their acts and omissions. There is a grave risk of recurrence if corrective measures have not been taken by chemical manufacturers and importers to ensure adequate due diligence for the impacts of their chemical products on the enjoyment of fundamental human rights. I have to add with regret that during the course of my official mission to the Republic of Korea, my attempts to open a dialogue with SK Chemical on the case were unsuccessful. I am deeply concerned that SK Chemical, Aekyung Industrial and Emart do not appear to have been proportionally sanctioned for their contribution to such a grave incidence of human rights abuse. The nature of the punishment levied, including the amount the three companies have been fined, in my eyes falls dramatically short of being considered fair or adequate, or sufficient to compel changes at these or other companies that sell chemical products to downstream businesses. I reiterate the concerns expressed previously that business entities involved in the production and distribution of humidifier sterilizers do not seem to have exercised adequate due diligence to prevent human rights harms, including impacts on the rights of the child, arising from the usage of their products.