Midlands state unirvesity
Department of Geography and Environmental Studies
Name surname reg no
Walter Magombedze r121571r
Lorraine Dhliwayo r122243v
Juliet chimoto r115394r
TellmoreNdlovu R121944A
FaraiKwenda
Tawanda
Module GES108
Assgn Presentation on the BAMAKO convention
The Bamako convention
Background
The Bamako Convention was adopted in 1991 at the Pan African conference on
Environment and Sustainable Development in Bamako, Mali. According to Chaytor and
Gray (2003) Bamako Convention was negotiated by the Organization of African Unity
(OAU) where African countries were of the opinion +that their peculiar circumstances
were not adequately considered and safeguarded under the Basel Convention. Ong and
Wight (2002) points out that the need to enforce the convention arose from the
realization that developed countries were exporting hazardous waste to Africa which
had negative impacts on human health and on the environment for example
importation of hazardous waste in Nigeria from an Italian Company in 1988. The
hazardous waste included 18000 barrels of toxic substances and polychlorinated
biphenyls which led to deaths, chemical burns, birth defects .This culminated the need
to protect human health and African environment by prohibiting import of hazardous
waste into Africa. Though Bamako convention and Basel Convention share commonality
in management and control of hazardous waste, Bamako convention covers a wide
scope of hazardous waste as it includes radio active waste(Ong and
White,2002).According to Chaytor and Gray(2003)The Bamako convention advocated
for the complete ban of import of hazardous waste into Africa unlike the Basel
Convention which permits trade in hazardous waste subject to sound environmental
management and a consent system known as prior informed consent (PIC).African
countries expressed concerns that due to cash poverty they would be lured with money
to be treated as the dumping ground for hazardous waste which would cause
detrimental environmental effects and therefore advocated for the complete ban of
import of hazardous waste from developed nations( Kurukulasuriya and Robinson,
2006).
Definitions
According to Ong and Wight (2002) the Bamako Convention is the African treaty on the
Ban of the Import into Africa and Control of Transboundary Movement and
Management of Hazardous Wastes within Africa. The convention was adopted in 1991
and came into force in 1998.
Hazardous waste is a subset of waste that includes a wide range of wastes capable
of causing harm to human health, the environment or both. They include by products
that are explosive, flammable, radio active, liable to spontaneous combustion,
poisonous, corrosive, and toxic waste. They also include wastes containing harmful
compounds such as arsenic, cadmium and waste from medical care clinics and hospitals
(Kurukulasuriya and Robinson, 2006). Transboundary movement refers to
movement of wastes across international frontiers.
Examples of hazardous wastes that the convention bans:
Ong and Wight (2002) gives examples of Hazardous waste which are listed below
- Radioactive waste
- Clinical wastes from medical care in hospitals, medical centers and clinics.
-Polychlorinated biphenyls
-Waste pharmaceuticals, drugs and medicines.
-Wastes from the manufacture, formulation and use of wood preserving chemicals.
-Wastes from the production, formulation and use of organic solvents.
-acidic solutions
-Mercury
-Lead
-Organic phosphorous
-Wastes from heat treatment and tempering operations containing cyanides.
- Waste mineral oils unfit for their originally intended use.
- Waste oils/water, hydrocarbons/water mixtures, petroleum distillates
Objectives of the Bamako Convention
According to Chaytor and Gray (2003) below objectives are aimed at protecting human
health and the environment.
1) To Prohibit the importation of hazardous waste into African
states
To make this ban effective the convention obliges its parties to take legal,
administrative, and other measures within their national jurisdiction to prohibit the
import of all hazardous waste in their territories. Any such imports are deemed to be
illegal criminal.
2) Ban on dumping of hazardous wastes at sea and internal waters.
The ban prohibits ocean dumping of hazardous waste including their incineration at sea
and disposal in the seabed and sub seabed. Parties to the convention should take legal
and other measures in their national jurisdiction to ban ocean dumping so as to prevent
marine pollution.
3) Guidelines on waste generation within Africa
The convention requires parties to minimize the generation of hazardous wastes within
their territories, reduction in quantity of wastes generated and elimination of hazardous
waste. More so the convention aims to ensure availability of treatment and disposal
facilities of hazardous waste to prevent pollution. African countries will ensure that
hazardous waste generators submit reports to the secretariat regarding the wastes that
they generate in order to enable the secretariat of the convention to produce a
complete hazardous waste audit, impose strict liability and several liability of hazardous
waste generation. Emphasis is also placed on the adoption of the precautionary
principle through the application of clean production methods and technologies to
eliminate hazardous waste generation and prevent pollution in Africa.
4) Protect Human Health and Environment.
The convention aims at to ensure environmentally sound management of hazardous
wastes among parties to protect human health and environment from adverse impacts
of hazardous waste.
5) Minimize and control transboundary movements of hazardous
wastes within African countries
Implementation in Africa
1. Appointing competent authorities, focal point and dump watch.
For an effective implementation of this convention, the parties shall appoint a
competent authority for receiving the notification of a transboundary movement of
hazardous wastes and any information related to it, and for responding to such a
notificationand one focal point to receive notification in case of a state of transit, inform
the secretariat of agencies they have designated as their focal point and any changes
regarding the designation made by them, appoint dump watch to monitor waste trade
and dumping activities.
2 The Transboundary movement and itsnotification procedures.
(a).State of export shall require the exporter to notify in writing through the competent
authority of the state, of any proposedtransboundary movement.The State of import
shall respond to the notifier in writing consenting to the movement with or without
conditions, denying permission for the movement, or requesting additional information.
The final response of the state of import shall be sent to the competent authority of the
states concerned. State of export shall not allow the Trans-boundary movement until it
has received written consent of the state of import and existence of a contract between
the exporter and the disposer specifying environmentally sound management of the
wastes in question.
(b).Also the State of transit which is a Party to this Convention shall promptly
acknowledge to the notifier receipt of the notification. It may subsequently respond to
the notifier inwriting, within 60 days, consenting to the movement with or without
conditions, denyingpermission for the movement, or requesting additional information.
The State of exportshall not allow the transboundary movement to commence until it
has received thewritten consent of the State of transit.
©.The Parties to this Convention shall require that each person who takes charge of a
transboundary movement of hazardous wastes sign the movement document either
upon delivery or receipt of the wastes in question.
(d).Any transboundary movement of hazardous wastes shall be covered by insurance,
bond or other guarantee as may be required by the State of import, or any State of
transit which is a Party to this Convention.
(e).Trans- boundary movement procedures also apply even to states that are not part
of the convention.
3. Re-import duty.
The States of export and State of transit shall not prevent the return of those wastes of
the state of export within 90 days of import if alternative arrangements cannot be made
for their disposal in an environmentally sound manner.
4. Illegal traffic.
As part of the convention any Trans-boundary movement of hazardous wastes shall be
deemed to be illegal traffic if carried without notification and consent, if consent is
obtained through falsification, misrepresentation or fraud, if not conformed in a material
away with the document or resulting in deliberate disposal of waste in contravention
with this convention and of general principle of international law. If anything happens in
contradiction to the above each party shall introduce an appropriate national legislation
for imposing criminal penalties on all those who took part in such illegal imports and
ensuring the wastes are taken back to the generator within a period of 30 days.
5. Co-operation within Africa
Parties to this convention shall co-operate with one another and with the African
organization in,
(a).monitoring of the effects of hazardous waste movement on human health and the
environment,
(b). sharing information to promoting clean production methods and the
environmentally sound management of hazardous wastes, including harmonization of
technical standards and practices for the adequate management of hazardous wastes,
©.The exchange and dissemination of information on the movement of hazardous
wastes,in developing appropriate technical guidelines and/or codes of practice,
(d). subject to their national laws, regulations and policies, in the development and
implementation of new environmentally sound clean production technologies and the
improvement of existing technologies with a view to eliminating, as far as practicable,
the generation of hazardous wastes and achieving more effective and efficient methods
of ensuring their management in an environmentally sound manner, including the study
of the economic, social and environmental effects of the adoption of such new and
improved technologies.
According to African Union Report of (2010), The Parties to this Convention shall
cooperate with one another and with relevant African organizations, to improve and
achieve the environmentally sound management of hazardous wastes.
7. Co-operate Internationally: Bilateral and Regional agreements
Parties to the convention shall enter into bilateral, multilateral/regional agreements or
arrangements regarding the transboundary movement of hazardous waste generated in
Africa.Co-operation between international organizations is encouraged in order to
promote, among other things, publicawareness, the development of rational
management of hazardous waste, and theadoption of new and non/less polluting
technologies
8. Transmitting information
Parties shall inform each other about the risks and accidents encountered in the
transboundary movement, changes of competent authorities or focal points or
dumpwatch, national definition of hazardous wastes, decision made by them to limit or
ban the import of hazardous wastes, consistent with national laws and regulations in
setting up information collection and dissemination mechanisms of hazardous wastes,
measures adopted in implementation of the convention, on bilateral, multilateral and
regional agreements through the secretariat.
9. Settlements of dispute
If the parties dispute with regards to the interpretation, application or compliance of the
convention they are entitled to seek a settlement of the dispute through negotiation or
any other peaceful means of their choice, then if it fails, it will be handled by the
International Court of Justice or the adhoc organ set by the convention for the task.
10. Verification
Any Party which feels that another Party is acting or has acted in breach of its
obligations under this Convention must inform the Secretariat who will inform, the Party
against whom the allegations are made. The Secretariat shall carry out a verification of
the substance of the allegation and submit a report to all the Parties to this Convention.
11. Financial aspects, reliabilities and compensations
The Parties shall also consider the establishment of a revolving fund to assist, in case of
emergency situations to minimize damage from disasters or accidents arising from
transboundary movements of hazardous wastes or during thedisposal of such
wastes.Also for setting out appropriate rules and procedures in the field of liabilities and
compensation for damage resulting from the transboundary movement of hazardous
wastes.
Challenges of the implementation of the Bamako Convention in Africa
Poor participation among African countries
There is poor participation, ratification and signing of the convention by African
countries as by 2010 only 23 countries had signed and ratified the convention. Thus
leading to less progress or improvement in the implementation of the convention and
sustainable development in Africa as a continent.
Lack of technological advancement to improve waste management
Deficit in waste management technology which hinders success in the implementation
of the convention .Success of the Bamako convention in waste management for
hazardous materials becomes difficulty as it requires caution and high technology in
disposal as they are susceptible to harming the environment through the leaching of
heavy metals like cadmium and radioactive materials ,thus threatening human life
,health and sustainable habitation.
Africas poverty
Africa’s economic realities which are poverty or poison as by Feresu
2010.Implemmentation of environmental legislation in Africa is influenced by its
technological ,economic and political poverty so in most cases the import of hazardous
waste usually promises to secure enormous foreign revenue earning for the poor
impoverished countries of Africa for example in Nigeria in koko area in 2006.In this
regard legislation and implementation of the convention is difficulty as the poor are
sometimes lured by huge sums of money and having poor knowledge on the evils of
the waste disposal in their area they are easily baited because they lack machinery to
test the toxicity of the waste.
Resistance from other members of the Bamako
Resistance from member states or countries to the convention is also another problem
in Africa for example Ivory Coast imported radioactive waste from a private company in
Holland dumped waste in Abidjan in which people lost sight, developed respiratory
diseases, miscarriages and gene mutations leading to the birth of crippled and down
syndrome children thus being in contrast to the objectives and limitations of the
Bamako convention.
Lack of skilled personnel to enforce the implementation of the convention
Lack of highly skilled labor and policing personnel that enforce and monitor the
operations of the waste management and waste quality in each and every company
that produces waste , lack of funds to purchase high –tech machinery for waste testing
and laboratory tests as the organization is a non –profit making organization lets down
the success of the Bamako Convention in Africa as the organizations only rely on
taxation and donations from the Global Environmental Fund .So in the event of no
money the organizational operations will be at a halt or stationary.
Challenges and constrains to implementation in Zimbabwe
Partially active institutions
The Radiation Protection Authority of Zimbabwe can be taken as a partially active
instrument in protecting Zimbabwe from hazardous wastes. This is evidenced in the
Sunday Mail newspaper of 18 March 2012. The Japanese Embassy issued out a
statement refuting claims made by parliamentarians that cars being exported could
contain radioactive material but no statement or comment was issued out by the
authority confirming the developments. The Japanese embassy further issued out a
statement that importers or traders concerned about radiation safety on the containers
or products from Japan should request a clearance letter from the Japanese rather than
from the authority of Zimbabwe.
Financial capacity
The authority is facing problems of insufficient economic muscle from government to
help it source technology, train it officers as well as source experts from abroad.
According to Chayes and Chayes (1992), less developed countries are challenged in
implementing bans on hazardous wastes due to lack of financial capacity as hazardous
materials require huge financial muscle for their handling and disposal as well as in
training personnel to deal with such complicated wastes. To add on, Maseva (2005),
even though several companies appreciated the importance of cleaner production
technologies in reducing the impacts of their operations on the environment, to date
only a few have managed to implement cleaner production because of the crippling
economic environment that they are currently operating under.
Overlapping institutional authority
The Environmental Management Act of 2004 has Sections 84, 85 and 86 of the
Environmental Management Act [Chapter 20:27] repealed by the Radiation Authority
Act. This means that the authority operates along rigid sectoral lines that need to be
relaxed to ensure effectiveness of the authority.
Lack of technology and expertise
To add on lack of technology and expertise in Zimbabwe has caused severe challenges
to implementation of the Bamako convention. Detection of level of hazard in wastes
and material requires high level of technology and expertise but the current economic
constrains hamper the country in implementing the Bamako convention. Although
Zimbabwe is training personnel in the field, it should be noted that capital flight has
rendered the efforts worthless as noted by Mahomed and Visvathan (2002). The
authors explain that attractive wages, benefits and lack of employment opportunities in
the country have led to massive drift to developed countries.
Corruption
Entry points into Zimbabwe are well renowned for corruption. According to Sands
(1995), corruption coupled with lack of knowledge has crippled implementation of most
national environmental policies as well as regulations. Bribe offers to import or export
hazardous material can greatly challenge the implementation of the Bamako convention
resulting to a similar incident witnessed in Nigeria.
Ignorance
According to Hoagland (2010), clinical wastes from medical care in hospitals, medical
centers and clinics should be disposed off according to guidelines given to local
municipalities as they are part of hazardous wastes banned by the convention but it is
noted that most clinics and medical centers in Zimbabwe do not follow stipulated
guidelines and some waste of private surgeries is dumped on inappropriate areas such
as uncovered pits, undesignated dumpsites and incinerated and the ash is left to
unmanaged.
Implementation in Zimbabwe
According to Zimbabwe Environmental Lawyers Association (ZELA 2003), Zimbabwe
participated in the Rotterdam Convention of 1998 and it was effected in 2004. The
Convention was on the Prior Informed Consent Procedure for certain hazardous
chemicals and pesticides in international trade. It should be noted that this agreement
is not on the ban on hazardous wastes but it is a multi-lateral treaty to promote shared
responsibilities and relations to importation of hazardous chemicals which could
potentially become wastes. The Rotterdam Convention calls for proper labeling,
directions on safe handling and informs purchasers of any restrictions or bans.
In 2004, the Radiation Protection Act chapter 15:15 was developed and aimed at
protecting people from the effects of radiation which are mainly found in x-rays,
construction, agriculture and manufacturing industry. Furthermore, the act also
governed establishment of the Radiation Protection of Zimbabwe. According to the
Radiation Act 5 of 2004, the functions of the Authority shall be;
> To issue standards and norms governing exemption, notification, registration and
licensing of radiation sources and radiation protection and safety; and
> To define in regulation standards and norms the exposures that are excluded from
regulatory requirements on the basis that they are not capable of being subjected to
regulatory control; and
>To issue authorizations for the possession and use of radiation sources; and
> To define in regulations and authorizations the detailed obligations to be placed on
those who possess radiation sources; and
> To conduct inspections and obtain performance information concerning radiation
sources; and
> To take such action as is necessary to enforce any prescribed requirements; and
> To protect the health and safety of workers and the members of the general public;
and
> To accredit persons as suppliers of certain services or facilities necessary to enable
licensees, registrants or notifying parties to comply with conditions or requirements
imposed by or under this.
To add on, the radiation protection act has guidelines on the appointment of Radiation
protection officers and staff authority. According to the Radiation Protection Act, the
radiation protection officers shall also act as inspectors and exercise the Authority’s
functions and every radiation inspection officer would be furnished with a certificate of
his or her appointment. If required, the officer is to produce the certificate.
According to the Environmental Management Act Chapter (20:27), the Hazardous
Substances, Pesticides and Toxic Substances Regulations, Statutory Instrument No. 12
of 2007 provides for the labeling, packaging, repackaging and sale of hazardous
substances or articles containing hazardous substances in Zimbabwe. The regulations
prescribe conditions which have to be observed by employers over the handling of
hazardous substances at the workplace, conditions for transporting hazardous
substances and procedures to be followed when there is an accidental spillage of
hazardous substances in Zimbabwe. The Agency is empowered to issue spot fines to
any person who violates the law. In addition, any person whose substances affect the
environment is liable to pay for the cost of restoring the environment i.e. the polluter
pays principle. The offender is also liable to pay compensation for any damage caused
by the offence to any person.
Furthermore, the radiation act of Zimbabwe prohibits and authorizes conduction of
certain activities that involve radioactive material. No practice shall be adopted,
introduced, conducted, discontinued, or ceased and no radiation source within a
practice shall, as applicable, be mined, milled, processed, designed, manufactured,
constructed, assembled, acquired, imported, exported, distributed, sold, loaned, hired,
received, sited, located, commissioned, possessed, used, operated, maintained,
repaired, transferred, decommissioned, disassembled, transported, stored or disposed
of except in accordance with prescribed requirements.
(2) No person shall cause ionizing radiation to be applied to any other person for the
purpose of diagnosing or\treating a disease unless the application is prescribed by a
registered medical or dental practitioner.
(3) For the purposes of this Act, any department of Government, public or statutory
body, or board or local authority which for the purpose of performing its functions uses
or is required to use radiation shall comply with the provisions of this Act and any
prescribed requirements in the same manner and to the same extent as any other
person.
According to ZELA (2003), the Environmental Management Act Chapter 20:27 shows
that incase there is discharge of hazardous wastes, substances, chemicals and
materials on its soil, the Polluter Pays Principle applies and the person who is convicted
of discharging hazardous wastes will be required to;
> Pay the costs of removing the hazardous substance, chemical, oil or a mixture
containing oil.
> Pay the cost incurred by a government agency or organ in the restoration of the
environment that was damaged by the discharge.
> Pay the cost of other person or third parties affected through reparations,
restoration, restitution or compensation for the loss suffered.
Furthermore, the Radiation Protection Act of 2004 issues out licenses to individuals or
companies wishing to transport or dispose of hazardous wastes. Operation without a
license criminalizes any intention to possess, use, mine, import, transport, process or
dispose radioactive material or source ionizing radiation without a licence.
According to ZELA (2003), local authorities have guidelines stipulated in the
Environmental Management Act concerning the handling of hazardous wastes. The
guidelines are as follows;
>No person is allowed to discharge or dispose of any waste whether generated in
Zimbabwe or from another country that will cause pollution of the environment or make
people ill.
> No person is allowed to transport any waste without a valid licence issued by the
Board to transport the waste
>Waste should be disposed of at a waste disposal site in terms of a licence.
> Every person whose activities generate waste is required to employ measures that
minimize wastes. The specified measures are;
> Treatment
> Reclamation
The Zimbabwe Revenue Authority, which derives its mandate from the Revenue
Authority Act [Chapter 23:11] and other subsidiary legislation, is responsible for
assessing, collecting and accounting for revenue on behalf of the State through the
Ministry of Finance. However, it should also be noted that ZIMRA is mandated to
protect civil society that is, curbing smuggling and any forms of international trade
crime as well as to enforce import and export controls. The controls are meant to
protect citizens of Zimbabwe from dangerous and harmful substances as well as
hazardous substances.
According to Maseva (2005), the Science and Technology policy if 2002 was launched
with the objective of promoting national scientific and technology self-reliance, which
ensures, among other things, environmentally sound development programmes that
could also cater for management of hazardous waste and design of new
environmentally sound clean production technologies and the improvement of existing
technologies with a view to eliminating, as far as practicable, the generation of
hazardous wastes and achieving more effective and efficient methods of ensuring their
management in an environmentally sound manner.
According to Maseva (2005), between 2000 and 2002, the government of Zimbabwe
mandated the Scientific and Industrial Research and Development Centre (SIRDC) to
assist industries in adopting and implementing cleaner production technologies that
ultimately reduce the amount of waste produced from industrial processes that are
hazardous.
REFERENCE LIST
Chaytor, B., Gray, K. R. (Eds) (2003) International Environmental Law and Policy in
Africa, Kluwer Academic Publishers: Dordrecht
Kurukulasuriya, L. and Robinson, N. A. (Eds) (2006) Training manual on International
Environmental Law, UNEP: Hertfordshire
Ong, S. M., Wight, R. (2002) Source Book on Environmental Law, Cavendish Publishing
Ltd: London
Maseva, C (2005).A Review of the Legislative and Policy Framework for Waste
Management in Zimbabwe.
Mohamed, E. and Visvathan, C (2002).Municipal solid waste management in Asia and
Africa.
Chayes, K. and Chayes ,N. (1992) United Nation conference on Environment and
development.
Hoagland, P. (2010) Marine Policy and Economic, Elsevier ltd, London, United Kingdom .
African union report (2010)
Feresu ,S.B (2010) Zimbabwe Environment Outlook :Zimbabwe’s third state of the
environmental report, Ministry of Environment &Natural Resources Management
:Harare.
