BAMAKO CONVENTION  >>  background description





The Bamako Convention at a Glance



Name:
The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991)

(The Bamako Convention)



What is the Purpose of the Convention?

The purpose of the Convention is to:

  • prohibit the import of all hazardous and radioactive wastes into the African continent for any reason;
  • minimize and control transboundary movements of hazardous wastes within the African continent.
  • prohibit all ocean and inland water dumping or incineration of hazardous wastes.
  • ensure that disposal of wastes is conducted in an environmentally sound manner "
  • promote cleaner production over the pursuit of a permissible emissions approach based on assimilative capacity assumptions
  • establish the precautionary principle

    What Substances or Chemicals Are Covered by the Convention?

    The Convention covers more wastes than covered by the Basel Convention as it not only includes radioactive wastes but also considers any waste with a listed hazardous characteristic or a listed constituent as a hazardous waste. The Convention also covers national definitions of hazardous waste.. . Finally, products that are banned, severely restricted or have been the subject of prohibitions are also covered under the Convention as wastes.

    What are the General Obligations on Countries?

    Countries should ban the import of hazardous and radioactive wastes as well as all forms of ocean disposal. For intra-African waste trade, parties must minimize the transboundary movement of wastes and only conduct it with consent of the importing and transit states among other controls. They should minimise the production of hazardous wastes and cooperate to ensure that wastes are treated and disposed of in an environmentally sound manner.

    What are the Economic and Social Benefits of the Convention?

    There are many reasons why the Bamako Convention is important for the region:

  • It provides an effective protective mechanism to stop waste traders from making Africa an international waste dump.
  • It will prevent Africa from becoming a dump for 'products' that have been banned or deregistered in developed countries.
  • It will prevent dumping of hazardous waste at sea or on (or below) the seabed
  • It ensures that trade in waste within Africa is controlled and thus prevent more industrialized states in Africa from victimizing other African states and likewise prevents hazardous waste generators from avoiding liability for pollution.

    In this way, cost externalizations of pollution and hazardous waste will be prevented and more economicallyefficient waste prevention mechanisms will be encouraged upstream. The social and economic impacts of such cost externalization can be devastating without such controls.

    What are the Costs Associated with the Convention?

    As there has yet to be a first meeting of the Parties, it has not been established what sort of funds will be created and how they will be supplied, Presumably there will be costs for each Party to among other things fund a Secretariat and meetings.

    What Personnel will be Required to Administer the Convention?

    The Convention requires that a Competent Authority and a Focal Point be identified in each country. In addition a National body should be formed to act as Dumpwatch and liaise with government and NGO groups. Additional staff time will be necessary in the customs and environmental departments of national governments. Finally a secretariat will need to be staffed.

    Will National Legislation be Required?

    Yes. This legislation would be similar in format to legislation required to administer the Basel Convention. The Basel Convention Secretariat has produced model Bamako/Basel legislation.

    Are There Reporting Requirements?

    The Convention describes various forms of information that should be transmitted between countries and to the Secretariat. These include:

  • Export notifications;
  • Written consent or disapproval for import applications;
  • Movement documentation;
  • Accident Notification;
  • Information on the sound management of wastes; and
  • Information on national bans and national definitions

    Will There be Help in Administering the Convention?

    To be determined.

    What is the Status of the Convention?

    The Convention has entered into force and has not yet held its first Conference of Parties.

    Are There Other Agreements Associated with the Convention?

    The Bamako Convention is very similar to the Basel Convention. Indeed the Bamako Convention can be considered an Article 11 Agreement of the Basel Convention. The major difference lies in the fact that Bamako is administered within Africa by the African Union.

    The ocean dumping provisions of the Bamako Convention are similar to the agreements found in the London Protocol of the International Maritime Organization. The Bamako waste trade prohibition is similar and consistent with the Basel Ban Amendment (1995).
    All of these instruments are important and complement each other.




    ORGANIZATION OF AFRICAN UNITY
    Addis Ababa - Ethiopia - Box 3243
    Tel. 517700 Telex 21046 Fax (2511) 513036





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