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Conventions on waste by Biniam Belete @JU
- 1. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 1 conventions on waste 1/25/2021 INSTITUTE OF HEALTH SCIENCES FACULTY OF PUBLIC HEALTH DEPARTMENT OF ENVIRONMENTAL HEALTH SCIENCES AND TECHNOLOGY MARCH,2019 ENVIRONMENTAL POLICY AND LAW BY: BINIAM BELETE
- 2. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 2 OUTLINE Basel convention Objective Scope Provisions Basel amendment Bamako convention General obligations Comparison of Basel convention and Bamako convention London convention
- 3. Industrialized world…1970s& 1980s Awakening environmental awareness tightening of environmental regulations had led to increasing public resistance to the disposal of hazardous wastes – NIMBY syndrome escalation of disposal costs. What was the trigger behind… BASEL CONVENTION 1/25/2021 3 ENVIRONMENTAL POLICY AND LAW
- 4. • Operators seek cheap disposal options for hazardous wastes in : • Eastern Europe and • the developing world • It was against this background that the Basel Convention was negotiated in the late 1980s, and its thrust at the time of its adoption was to combat the “toxic trade”, as it was termed. Basel convention…cont’d 1/25/2021 4 Source:(“International conventions,”2014) ENVIRONMENTAL POLICY AND LAW
- 5. Short synopsis of Basel Convention Signed 22 March 1989 Location Basel, Switzerland Effective 5 May 1992 Signatories 53 Parties 187 Depositary Secretary-General of the United Nations Languages Arabic, Chinese, English, French, Russian, Spanish Basel convention…cont’d 1/25/2021 5 ENVIRONMENTAL POLICY AND LAW
- 6. Objective of the convention • To protect human health and the environment against the adverse effects of hazardous wastes. Scope of the convention 1. “Hazardous wastes” for the purposes of this Convention: a) Wastes that belong to any category contained in the link: Bin_hl4policyA_Ia_CATEGORIES OF WASTES(waste streams) TO BE CONTROLLED as per basel convention.PNG Bin_hl4policyA_Ib_CATEGORIES OF WASTES(having as constituents) TO BE CONTROLLED as per basel convention.PNG b) Wastes defined as hazardous wastes by the domestic legislation Basel convention…cont’d 1/25/2021 6 ENVIRONMENTAL POLICY AND LAW
- 7. 2. “Other wastes” for the purposes of this convention are attached hereunder: 3. Radioactive materials, are excluded from this convention 4. Wastes which derive from the normal operations of a ship Basel convention…cont’d 1/25/2021 7 ENVIRONMENTAL POLICY AND LAW
- 8. Provisions of the convention • Center around the following principal aims: transboundary movements of hazardous wastes hazardous waste generation and the promotion of environmentally sound management regulatory system applying to cases where transboundary movements are permissible. Basel convention…cont’d 1/25/2021 8 ENVIRONMENTAL POLICY AND LAW
- 9. • Some LDCs and environmental organizations argued that it did not go far enough. Many nations and NGOs argued for a total ban on shipment of all hazardous waste to LDCs. • The original Convention did not prohibit waste exports to any location except Antarctica. but merely required a notification and consent system known as "prior informed consent" or PIC. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 9 Basel Ban Amendment
- 10. • Lobbying at 1995 Basel conference by LDCs Greenpeace and several European countries such as Denmark, led to: the adoption of an amendment to the convention in 1995 termed the Basel Ban Amendment to the Basel Convention. • The Amendment prohibits the export of hazardous waste from a list of developed (mostly OECD) countries to developing countries. • The Ban applies to export for any reason, including recycling. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 10 Basel Ban Amendment…cont’d
- 11. Bamako Convention: bans imports of hazardous waste into Africa and creates a PIC procedure for trade within Africa BAMAKO CONVENTION 1/25/2021 11 ENVIRONMENTAL POLICY AND LAW
- 12. Short synopsis of Bamako convention Signed 30 January 1991 Location Bamako, Mali Effective 22 April 1998 Condition Ninety days after the ratification by at least 10 signatory states Parties 27 Depositary Secretary General of the Organisation of African Unity Languages Arabic, English, French, Portuguese Bamako convention…cont’d 1/25/2021 12 ENVIRONMENTAL POLICY AND LAW
- 13. General Obligations (Art.4) 1. Hazardous Waste Import Ban Such import shall be deemed illegal & a criminal act. All Parties shall: Forward as soon as possible, all information relating to such illegal hazardous waste import activity to the Secretariat Co-operate to ensure that no imports of hazardous wastes 2. Ban on Dumping of Hazardous Wastes at Sea Bamako convention…cont’d 1/25/2021 13 ENVIRONMENTAL POLICY AND LAW Source:(”Bamako convention”,1991)
- 14. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 14 3. Waste Generation in Africa Each Party shall: report to Secretariat regarding the waste generated Impose strict, unlimited liability on hazardous waste generators Ensure that the generation of hazardous wastes is reduced Ensure that persons involved in the management of hazardous wastes take such steps to prevent pollution Ensure environmentally sound mgt. of hazardous wastes Bamako convention…cont’d
- 15. Comparison of the legal frameworks established under the two conventions(Basel & Bamako) Article Basel Bamako Comments Scope of the Convention Art.1 Art.2 Wastes defined as “other wastes” in the Basel Convention are defined as “hazardous wastes” under the Bamako Convention and are included in Annex I to that Convention. Bamako Convention included, wastes which, as a result of being radioactive. Whereas, the Basel Convention excludes radioactive materials General obligations Art.4 Art.4 A ban on the import into Africa of hazardous wastes, for any reason, from non-Parties is established under the Bamako Convention. By contrast, the Basel Convention implicitly recognizes the right of Parties to prohibit the import of hazardous wastes or other wastes for disposal, and requires such Parties to notify the other Parties of such a decision. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 15 Source: (UNEP,2006) for any reason
- 16. LONDON CONVENTION • On the prevention of marine pollution by dumping of wastes and other matter 1972 • The international maritime organization serves as secretariat, • Potentially global scope • Designed to address one component of the disposal problem, namely dumping at sea. 1/25/2021 16 ENVIRONMENTAL POLICY AND LAW Source: (David,2007)
- 17. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 17 The London Convention, like a number of regional agreements adopted after it, adopts a listing approach. ‘black list’ identifies substances, including compounds containing the toxic heavy metals: mercury and cadmium, and organohalogen pesticides,etc …dumping is prohibited altogether ‘grey list’ includes substances such as : wastes containing other heavy metals …require a special permit in advance ‘black list’ ‘grey list’
- 18. REFERENCES • Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991).Retrieved from http://www.lexmercatoria.org • David A. Wirth. "Hazardous Substances and Activities." In Oxford handbook of International Environmental Law. Daniel Bodansky, Jutta Brunée, Ellen Hey, eds., Oxford: Oxford University Press, 2007 • International Conventions.(2014).Retrieved from http://www.basel.int/ 1/25/2021 18 ENVIRONMENTAL POLICY AND LAW
- 19. 1/25/2021 ENVIRONMENTAL POLICY AND LAW 19 Many THANKS!!!
Editor's Notes
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Awakening environmental awareness and corresponding tightening of environmental regulations in the industrialized world in the 1970s and 1980s had led to: increasing public resistance to the disposal of hazardous wastes – in accordance with what became known as the NIMBY (Not In My Back Yard) syndrome – and to an escalation of disposal costs.
- ******the principal purpose or theme of a course of action or line of reasoning******* The Basel Convention, which was adopted in 1989 and entered into force in 1992, was the first potentially universal, binding instrument addressing international trade in wastes, including both hazardous wastes and municipal trash. With respect to states not party to this instrument, the convention establishes a ‘limited ban’. Specifically, the Basel Convention prohibits exportation from parties to non-parties and limits transboundary movements of wastes, both imports and exports, only to those states that are parties to the convention unless a party has entered into a bilateral agreement on waste shipments that satisfies Article 11 of the convention. Among parties to the agreement, the core regulatory approach of the Basel Convention is the establishment of a ‘prior informed consent’ (PIC) regime. Accordingly, every state party to the convention may choose to ban the importation of hazardous or other wastes. With respect to other states party to the convention that have not prohibited waste imports, the government of the country of export must assure prior notification to the governments of the receiving state and any transit states in advance of a waste shipment.
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted: on 22 March 1989 by the Conference of Plenipotentiaries in Basel, Switzerland, in response to a public outcry following the discovery, in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes imported from abroad. A signatory is not legally bound by a treaty's specific provisions and obligations. ... A party is legally bound by the provisions within the treaty and accepts all the treaty's obligations, subject to legitimate reservations, understandings, anddeclarations (RUDs)
- Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and their characteristics, as well as two types of wastes defined as “other wastes” – household waste and incinerator ash. Its main objective is to achieve an environmentally sound management of hazardous waste and other wastes. Scope The following wastes that are subject to transboundary movement shall be “hazardous wastes” for the purposes of this Convention: Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit Attention Each Party shall, within six months of becoming a Party to this Convention, inform the Secretariat of the Convention of the wastes, other than those listed in Annexes I and II, considered or defined as hazardous under its national legislation and of any requirements concerning transboundary movement procedures applicable to such wastes. Wastes which, as a result of being radioactive, are subject to other international control systems, including international instruments, applying specifically to radioactive materials, are excluded from the scope of this Convention. Wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument, are excluded from the scope of this Convention.
- the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management; and a regulatory system applying to cases where transboundary movements are permissible. ******Basel underlying objective: Environmentally sound management (“ESM”) of hazardous and other wastes ESM: “taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes” (Art. 2) ESM further defined through technical guidelines, for instance on ESM of POPs as wastes ******Basel contains a prior informed consent procedure for the export and import of hazardous and other wastes Strengthened by later decisions to ban export of hazardous wastes from OECD to non OECD countries (ban amendment).******
- *****After the initial adoption of the Convention, some least developed countries and environmental organizations argued that it did not go far enough. Many nations and NGOs argued for a total ban on shipment of all hazardous waste to LDCs. In particular, the original Convention did not prohibit waste exports to any location except Antarctica but merely required a notification and consent system known as "prior informed consent" or PIC. Further, many waste traders sought to exploit the good name of recycling and begin to justify all exports as moving to recycling destinations. Many believed a full ban was needed including exports for recycling. These concerns led to several regional waste trade bans, including the Bamako Convention. Lobbying at 1995 Basel conference by LDCs, Greenpeace and several European countries such as Denmark, led to the adoption of an amendment to the convention in 1995 termed the Basel Ban Amendmentto the Basel Convention. The amendment has been accepted by 86 countries[7] and the European Union, but has not entered into force (as that requires ratification by 3/4 of the member states to the Convention). The Amendment prohibits the export of hazardous waste from a list of developed (mostly OECD) countries to developing countries. The Basel Ban applies to export for any reason, including recycling.
- Influencing the legislators***** *****About the OECD The Organisation for Economic Co-operation and Development (OECD) was established in 1961 as a forum for governments to share experiences and seek solutions to common economic and social problems. Today, approximately 50 industrialised and emerging-economy countries have joined the OECD as members or adherents. The OECD acts on behalf of and in collaboration with its member governments “to promote policies that will improve the economic and social well-being of people around the world.” In practice, the OECD promotes free market policies and trade. OECD member and adhering governments carry out their work through a number of committees and working parties. OECD Watch engages primarily with the OECD Investment Committee. That is because the Investment Committee has oversight responsibility for the OECD Guidelines for Multinational Enterprises(OECD Guidelines). The Investment Committee and its Working Party on Responsible Business Conduct promote the Guidelines and help strengthen the government offices – called National Contact Points (NCPs) – that handle complaints******
- Under the auspices of the Organization of African Unity (now the African Union), those countries in 1991 adopted a stronger regional agreement, the Bamako Convention. The Bamako Convention bans imports of hazardous waste into Africa and creates a PIC procedure for trade within Africa. *******‘prior informed consent’ (PIC) ******** *******Bamako Convention on: the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa******
- Type_African_ Union treaty
- Hazardous Waste Import Ban 62 All Parties shall take appropriate legal, administrative and other measures 63 within the area under their jurisdiction to prohibit the import of all hazardous wastes, for any reason, into Africa from non-Contracting Parties. Such import shall be deemed illegal and a criminal act. All Parties shall: (a) Forward as soon as possible, all information relating to such illegal 64 hazardous waste import activity to the Secretariat who shall distribute the information to all Contracting Parties; (b) Co-operate to ensure that no imports of hazardous wastes from a non- 65 Party enter a Party to this Convention. To this end, the Parties shall, at the Conference of the Contracting Parties to this Convention, consider other enforcement mechanisms. 2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters 66 (a) Parties in conformity with related international conventions and in- 67 struments shall, in the exercise of their jurisdiction within their internal waters, waterways, territorial seas, exclusive economic zones and continental shelf, adopt legal, administrative and other appropriate measures to control all carriers from non-Parties, and prohibit the dumping at sea of hazardous wastes, including their incineration at sea and their disposal in the seabed and sub-seabed; Any dumping of hazardous wastes at sea, including incineration at sea as well as seabed and sub-seabed disposal, by Contracting Parties, whether in internal waters, waterways, territorial seas, exclusive economic zones or high seas shall be deemed to be illegal; (b) Parties shall forward, as soon as possible, all information relating to dumping of hazardous wastes to the Secretariat which shall distribute the information to all Contracting Parties. 3. Waste Generation in Africa Each Party shall: (a) Ensure that hazardous waste generators submit to the Secretariat reports regarding the wastes that they generate in order to enable the Secretariat of the Convention to produce a complete hazardous waste audit; (b) Impose strict, unlimited liability as well as joint and several liability on hazardous waste generators; (c) Ensure that the generation of hazardous wastes within the area under its jurisdiction is reduced to a minimum taking into account social, technological and economic aspects; (d) Ensure the availability of adequate treatment and disposal facilities, for the environmentally sound management of hazardous wastes which shall be located, to the extent possible, within its jurisdiction; (e) Ensure that persons involved in the management of hazardous wastes within its jurisdiction take such steps as are necessary to prevent pollution arising from such wastes and, if such pollution occurs, to minimize the consequence thereof for human health and the environment; *****Ensure that hazardous waste generators submit to the Secretariat reports regarding the wastes that they generate Impose strict, unlimited liability as well as joint and several liability on hazardous waste generators; Ensure that the generation of hazardous wastes within the area under its jurisdiction is reduced to a minimum; Ensure the availability of adequate treatment and disposal facilities, for the environmentally sound management of hazardous wastes. Ensure that persons involved in the management of hazardous wastes take such steps as are necessary to prevent pollution arising from such wastes and, if it occurs, to minimize the consequence thereof for human health and the environment;
- implicit implied though not directly expressed. Under the Bamako Convention, wastes which, as a result of being radioactive, are included the scope of the Convention. Whereas, the Basel Convention excludes radioactive materials that are subject to other international control systems, including international instruments, applying specifically to radioactive materials.
- The United Kingdom, in consultation with the United Nations Secretariat, on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the 1972 London Convention)