The Parties to this Convention,
Recognizing that mercury is a chemical of global concern owing to its long-range atmospheric
transport, its persistence in the environment once anthropogenically introduced, its
ability to bioaccumulate in ecosystems and its significant negative effects on human
health and the environment,
Recalling decision 25/5 of 20 February 2009 of the Governing Council of the United
Nations Environment Programme to initiate international action to manage mercury in
an efficient, effective and coherent manner,
Recalling paragraph 221 of the outcome document of the United Nations Conference on
Sustainable Development “The future we want”, which called for a successful outcome
of the negotiations on a global legally binding instrument on mercury to address the
risks to human health and the environment,
Recalling the United Nations Conference on Sustainable Development’s reaffirmation
of the principles of the Rio Declaration on Environment and Development, including,
inter alia, common but differentiated responsibilities, and acknowledging States’
respective circumstances and capabilities and the need for global action,
Aware of the health concerns, especially in developing countries, resulting from exposure
to mercury of vulnerable populations, especially women, children, and, through them,
future generations,
Noting the particular vulnerabilities of Arctic ecosystems and indigenous communities
because of the biomagnification of mercury and contamination of traditional foods,
and concerned about indigenous communities more generally with respect to the effects
of mercury,
Recognizing the substantial lessons of Minamata Disease, in particular the serious
health and environmental effects resulting from the mercury pollution, and the need
to ensure proper management of mercury and the prevention of such events in the future,
Stressing the importance of financial, technical, technological, and capacity-building
support, particularly for developing countries, and countries with economies in transition,
in order to strengthen national capabilities for the management of mercury and to
promote the effective implementation of the Convention,
Recognizing also the activities of the World Health Organization in the protection
of human health related to mercury and the roles of relevant multilateral environmental
agreements, especially the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade,
Recognizing that this Convention and other international agreements in the field of
the environment and trade are mutually supportive,
Emphasizing that nothing in this Convention is intended to affect the rights and
obligations of any Party deriving from any existing international agreement,
Understanding that the above recital is not intended to create a hierarchy between
this Convention and other international instruments,
Noting that nothing in this Convention prevents a Party from taking additional domestic
measures consistent with the provisions of this Convention in an effort to protect
human health and the environment from exposure to mercury in accordance with that
Party’s other obligations under applicable international law,