WAIGANI CONVENTION >> general obligations
General Obligations of the Waigani Convention
This section provides information on the obligations of the Waigani Convention including:
Obligations on South Pacific Countries
Exceptions to the General Provisions
Area Covered by the Convention
Treatment of Different Countries
It is important that the obligations of the Waigani Convention are not seen as isolated from those of the Basel Convention.
The requirements of both conventions are quite similar.
What are the Obligations on Parties?
The obligations under the Convention require a number of actions. Each participating country must do the following:
Exceptions to the General Provisions
The Convention allows countries to enter into bilateral, multilateral and regional agreements as long as they do not detract from the general obligations (Art 4.1) or from the need for environmentally sound management of hazardous wastes.
What Area does the Convention Cover?
The Convention area includes: American Samoa, Australia, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Guam, Kiribati, Republic of the Marshall Islands, Nauru, New Caledonia and Dependencies, New Zealand, Niue, the Commonwealth of Northern Mariana Islands, Republic of Palau, Papua New Guinea. Pitcairn Islands, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu, Wallis and Futuna, and Western Samoa (Art. 1.i).
The Convention also says that a country may add areas under their jurisdiction if they lie within the Tropic of Cancer and 60 degrees South and among 130 degrees East and 120 degrees West.
Treatment of Different Countries
The Convention classifies countries into different categories, which include:
For certain purposes, countries are treated differently under the Convention. This differentiation makes the Convention rather confusing. The different classifications and purposes include:
Parties
Defined as: All countries that have ratified the Convention. This effectively can be any country in the world.
Purpose: The principle obligations of the Convention fall on Parties.
Worth noting: While Australia and New Zealand are classified as Other Parties, for the purpose of importing and exporting of hazardous wastes, for the rest of the Convention they are considered to be Parties (if they ratify the Convention).
Other Parties
Defined as: Australia and New Zealand. Other countries may be added once the Convention comes into force and admission rules are agreed upon. Hence countries like the USA, the UK and France may be added at some later date.
Purpose: These two have obligations to ban the export of wastes to Forum Island Countries or to territories in the Convention Area. They are also encouraged to transfer environmentally sound technologies to Pacific Island Developing Parties.
Worth noting: Australia and New Zealand can export waste to each other and will possibly to be able to export waste to territories of Other Parties e.g. Guam, American Samoa, Pitcairn Island and New Caledonia, if the USA, UK or France become Other Parties at some period in the future.
Non-Party
Defined as: Any country that has not ratified the Convention.
Purpose: Parties are required to cooperate to ensure no hazardous or radioactive waste from a Non-Party enters the territory of a Party (Art 4.2.b). Parties are required to prohibit hazardous wastes being transported through their territory from or to a Non-Party (Art 4.4.g).
Worth noting: This is an important provision as it effectively says that Parties can stop the movement of hazardous waste passing through their territory if it comes from, or is going to, a Non Party and if there is a belief that the shipment, disposal or treatment of that waste will not be done in an environmentally sound manner. It does not apply to radioactive waste.
Forum Island Countries
Defined as: All Forum Island Countries except Australia and New Zealand.
Purpose: This primarily sets the definition for countries to become Pacific Island Developing Parties (see later definition). Australia and New Zealand (Other Parties) are required not to export hazardous or radioactive wastes to these countries.
Worth noting: The Convention area extends beyond just Forum member countries, but non-Forum developing countries in the Pacific must wait until enough Forum countries sign onto the Convention to bring it into force before they can be considered as being an eligible Pacific island Developing Country.
Pacific Island Developing Party (PIDP)
Defined as: The following countries, once they have become a Party to the Convention, are PIDPs: Cook Is, FSM, Fiji, Marshall Is, Nauru, Niue, Palau, PNG, Solomon Is, Tonga, Tuvalu, Vanuatu and Western Samoa (Annex III). Others may be added to this list once the Convention comes into force and rules of admission are agreed upon.
Purpose: Apart from the general obligations on all Parties, each PIDP shall ban the import of hazardous and radioactive wastes from outside the Convention Area. They will also receive assistance in technology transfer from Australia and New Zealand (Other Parties).
Worth noting: This means that Australia, New Zealand and other protectorates are not required to ban the import of wastes from outside the Convention Area.
Exporting Party
Defined as: A Party that plans to export hazardous waste.
Purpose: The Convention obliges these Parties to notify and seek approval of transit countries and final destination country of any proposed waste shipment. There are other obligations as well (e.g. insurance).
Worth noting: This does not apply to radioactive waste shipped between Pacific Islands developing country (PIDCs) unless this waste is defined as hazardous waste under national legislation by the exporting, transit or importing country. Countries may be well advised to define radioactive waste as hazardous waste in their national legislation.
Importing Party
Defined as: A Party that intends to import hazardous waste from a PIDC and dispose of it in their own territory or load it for disposal in an area not administered by a country (e.g. high seas, or outer space).
Purpose: The Convention obliges these Parties to approve or disapprove the import of hazardous waste to ensure that the disposal of the waste is carried out in an environmentally sound manner.
Worth noting: The reference to loading for disposal to areas appears to refer to middle brokers of waste.
Transit Party
Defined as: A Party through which hazardous waste from a PIDC will travel.
Purpose: The Convention allows these countries to approve or disapprove the transhipment of hazardous wastes through their territory.
Worth noting: Transit countries have similar rights of veto to Importing Parties.
Countries Concerned
Defined as: Any exporting, transiting or importing country whether or not they are a Party to the Convention.
Purpose: These countries must be notified of any possible transit or import of hazardous waste, if this hazardous waste involved two Parties to the Convention (i.e. has left one Party and traveled through the territory of another Party).
Worth noting: A Party on the edge of the Convention area e.g. Australia or PNG may not be required to notify an importing Asian country, under the Convention, as the movement of that waste would not travel through the territory of another Party i.e. a Pacific Island country.
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