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Implementing the Bamako Convention



This section provides information on the important components of implementing the Bamako Convention. Each of the components is described and access is provided to appropriate reference materials and the documentation required for easy and effective implementation.


GoTo   Steps to Implementation:
GoTo   Personnel Needed to Administer the Convention:
GoTo   National Hazardous and Radioactive Waste Legislation:
GoTo   Wastes Covered by the Bamako Convention:
GoTo   Radioactive Waste:
GoTo   National Hazardous Waste Management Strategy:
GoTo   Documentation Requirements:




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Steps to Implementation:

In order to implement the Bamako Convention African countries face many challenges. There is a need to develop technical capacity and expertise, resources for staffing and auditing personnel as well as developing and introducing legislative, administrative and regulatory changes.

The obligations of the convention to encourage cooperation between Parties create an effective way to share the burden of meeting these commitments while ensuring that better resourced African countries are able to pass on their expertise and technological developments to countries with less developed economies. In this way mutual cooperation between the Parties to the Convention, NGO's and other institutions can increase the technical and institutional capacity of African nations to prevent the import of hazardous waste and reduce the amount they generate.





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Personnel Needed to Administer the Convention:



The number of staff and activities they are required to manage depend on a number of factors including:

  • The amount of waste generated in your country
  • Whether your country is on a major shipping or transport route;
  • Whether your country has agreed to allow waste import and disposal.

    The main activities that staff will be required to undertake include shipment inspection, chemical identification, waste minimization, administration and legal procedures.

  • Inspection: At least one customs official will need to be trained to check that the waste being exported or imported is as described in the notification. This customs official would need specialist training in the identification of hazardous wastes and chemical identification. Some of these tasks could be carried out on a regional basis.

  • Administration: At least one administrative officer will be needed to process applications, notifications and make reports to the Secretariat. This person would likely work for the environment department and would ideally have a background in chemistry. The department would become the Competent Authority under the Convention and the administrative officer would become the Focal Point (Art 5).

  • Waste Minimisation: At least one scientist or engineer is required to develop environmentally sound waste minimisation processes. This function could be carried out by a regional university or research organisation in cooperation with health or sanitation departments. The Secretariat to the Convention will also be available to provide technical assistance to facilitate assistance from other sources.

  • Legal Procedures: From time to time, a legal officer may be required to pursue action against illegal activities and to respond to legal anomalies that may arise. A legal officer would be needed to draft the initial legislation. The Basel Convention Secretariat has produced model legislation which may assist with this obligation. Small changes would need to be made to account for the different regional Parties and the inclusion of radioactive wastes.

  • Chemical Identification: To assist the customs officials, a chemist may be needed to analyse wastes to verify their composition. A regional facility may be required for this process.

  • Finally the secretariat will need to be established and funded.





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    National Hazardous and Radioactive Waste Legislation:



    The Convention requires specific hazardous and radioactive waste legislation. This legislation will need to prevent and punish illegal traffic of these wastes. The Convention specifies what is considered to be illegal traffic in hazardous wastes. Traffic of wastes is illegal if:

  • it is carried out without notification or without consent,
  • through falsification of documents,
  • if the contents do not match the documentation,
  • if the disposal contravenes the Convention, and
  • if the traffic contravenes import or export bans (Art 9).

    This legislation would need to ensure that any transboundary movement of hazardous waste that cannot be carried out in accordance with the Convention is returned to the exporter. This is unless appropriate alternative arrangements can be made.

    The Basel Convention Secretariat has produced model legislation. This could be used as a basis for Bamako national legislation. Some changes would need to be made to account for the different regional Parties, including the change in the application of Annexes I and III to be additive, and the inclusion of radioactive wastes.

    Customs Regulations
    These regulations may need to be linked to the national waste legislation to allow appropriate inspection procedures.

    Criminal Law
    Additions to criminal law may need to be considered in order to prosecute properly, the illegal import of hazardous and radioactive waste into the Convention Area.

    Maritime and Aviation Law
    These may also need to be amended to regulate nationally flagged vessels and nationally registered aeroplanes to prevent illegal traffic.





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    Wastes Covered by the Bamako Convention:



    The Convention defines wastes into a number of categories and subcategories. It divides wastes first into the category of being:

  • Hazardous wastes, both defined by the Annexes of the Convention and by national laws of States Concerned.
  • Hazardous substances which have been banned, cancelled or refused registration by government regulatory action, or voluntarily withdrawn from registration in the country of manufacture, for human health or environmental reasons.
  • Radioactive wastes

    Note: Wastes derived from discharges from ships which are covered by another agreement are not included.


    What is a Hazardous Waste?

    Hazardous wastes are divided into two categories.

    • Those that are listed in an Annex I to the Convention
    • Those that possess characteristics found in Annex II;
    • Those that are defined under domestic legislation by a government as hazardous and
    • Those substances which have been banned, cancelled or refused registration by government regulatory action, or voluntarily withdrawn from registration in the country of manufacture, for human health or environmental reasons. (e.g. pharmaceuticals)

    Annex I Potential Substances that could be Hazardous Wastes

    Substances listed in Annex I of the Convention come under the following headings:

    • Metal and metal-bearing wastes: Examples include cadmium, lead, mercury;
    • Wastes containing principally organic constituents, which may contain metals and inorganic materials: Examples include waste mineral oils, waste leather dust, ash, sludges, waste tarry residues (excluding asphalt cements;
    • Wastes containing principally inorganic constituents, which may contain metals or organic materials: Examples include glass waste from cathode ray tube, waste asbestos, wastes from wood preserving chemicals (but not the actual wood), and organic cyanide.

    Annex II Potential Hazardous Waste Characteristics that define wastes as hazardous

    • An explosive
    • A flammable liquid
    • A flammable solid
    • A substance liable to spontaneous combustion
    • A substance which in contact with water emits flammable gases
    • A substance which may yield oxygen and may contribute to the combustion of other materials
    • An organic peroxide
    • An acutely poisonous substance (likely to cause death or serious injury)
    • An infectious material
    • An corrosive substance (that causes damage skin or damage other goods)
    • A substance that give off toxic gases
    • A substance that is toxic (if inhaled, ingested or penetrates the skin causing chronic effects)
    • An ecotoxic substance (has adverse effects on the environment)
    • A substance which after disposal may possess any of the above characteristics.





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    Radioactive Waste:



    Defining Radioactive Waste

    Rather than adopting one definition of radioactive waste, the Convention takes a broad view and first accepts the definition found in Annex I as: "All wastes containing or contaminated by radionuclides, the concentration or properties of which result from human activity"

    And in order to reiterate inclusion of radioactive wastes covered in other international accords, the Convention also states in Article 2 that "Wastes which, as a result of being radioactive, are subject to any international control systems, including international instruments, applying specifically to radioactive materials, are included in the scope of this Convention."





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    National Hazardous Waste Management Strategy:



    The Bamako Convention does not explicitly call for a National Hazardous Waste Management Strategy in the same way as the Waigani Convention however many of the obligations in this Convention form key elements of such a strategy. African nations that are parties to the Convention would be well advised to consider the development of National Hazardous Waste Management Strategy using information and skills gained through the implementation of this Convention.

    The Convention requirements include key building blocks for a National Strategy such as:

  • Auditing volumes of hazardous waste generation (or reduction)
  • Tracking hazardous waste movements,
  • Ensuring environmentally sound treatment and disposal of hazardous waste
  • Technical and Institutional capacity building
  • Developing and promoting cleaner production methods and product life-cycle assessments
  • Identifying sources of hazardous waste
  • Development of legislation and administrative measures to control movement and management of hazardous waste.
  • Ensuring strict liability for hazardous waste generators
  • Implementing the Precautionary Principle of Ecologically Sustainable Development for potential industrial development emissions.

    The Bamako Convention does call for cooperation and information sharing with key non-government organizations (NGO's) and other institutions interested in environmentally sound management of hazardous waste and pollution reduction. A key aspect of the development of any National Hazardous Waste Management Strategy is engagement and consultation with communities, NGO's, industry associations and other civil society groups. Such engagement can add great value and efficiency to the implementation of any national approach to hazardous waste management.

    Involvement of Non-Government Organisations

    Consideration should also be given to providing formal notice to NGOs of any proposed waste activity. NGOs have extensive communication networks. An ex-officio role for NGOs could help ensure that the activities of unscrupulous waste traders are closely monitored and contained. This notification process could be linked to third party rights of appeal. This would allow NGOs the right of appeal against decisions to grant import or export permits. It could be a significant step to preventing Africa from becoming an international hazardous waste dump. Past attempts to create toxic dumping grounds in Africa by international waste traders have been exposed by NGO's and led to global condemnation of the practice and built pressure to create Conventions such as Bamako, Waigani and Stockholm.





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    Documentation Requirements:



    The type of information that needs to be transmitted to other Parties includes:

    Export Notification: The Convention requires that an Exporting Party notify all countries concerned (i.e. any exporting, transiting or importing country) of any proposed transboundary movement of hazardous waste. Information required in this notification is found in Annex IV A. This is includes reasons for waste movement, expected countries of transit, means of transport, type of packaging, method of disposal and so forth (Art 6.1).

    Written Consent or Disapproval: Countries that have been notified need to give written consent or disapproval of this transboundary movement of waste. Consent may include conditions that apply to the transboundary movement of hazardous waste. (Art 6.3)

    Movement Document: Each transboundary movement of hazardous waste must have with it a Movement Document. The required information for this document is found in Annex IV B. Once the waste has reached its final destination, the person responsible for the waste must complete the Movement Document and inform the exporting country and exporter (Art 6.8)

    Accident Notification: If an accident occurs, countries (not limited to the country responsible for the accident) should inform the Secretariat and other potentially vulnerable countries of danger (Art 13.1).

    Information to Secretariat: Countries are required to inform the Secretariat of:

  • national definitions of hazardous waste (their exporters, importers or other bodies should also be informed) (Art 3.1)
  • any illegal hazardous or radioactive waste import activity (Art 4.1.a)
  • hazardous wastes that are generated in its territory (upon request of the Conference of Parties) (Art 4.3.a)
  • any changes to the nominated focal point, competent authority or changes in the national definition of hazardous waste (Art 5)
  • alternative disposal arrangements (Art 8)
  • any bilateral, regional or multilateral agreements or arrangements with Non-Parties (Art 11.2)

    Information on Sound Management of Wastes: Countries are required to provide information on request that relates to promoting the environmentally sound management of hazardous wastes, including cleaner production methods (Art 10.2).

    Documentation Assistance: The Basel Convention Secretariat has drafted two standard documents for recording the movement of wastes.
    These documents are:

  • Transboundary Movement of Waste - Notification
  • Transboundary Movement of Waste - Movement document
    These are available in the Bamako Convention Reference section





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