Overview of the Basel Convention and Basel Protocol: History and Goals Ms. Donata Rugarabamu Senior Legal Officer Secretariat of the Basel Convention Regional Workshop Aimed at Promoting Ratification of the Basel Protocol on Liability and

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Overview of the Basel Convention and Basel
Protocol History and GoalsMs. Donata
Rugarabamu Senior Legal Officer Secretariat of
the Basel ConventionRegional Workshop Aimed at
Promoting Ratification of the Basel Protocol on
Liability and Compensation for Damage resulting
from Transboundary Movements of Hazardous Wastes
and their DisposalAddis Ababa, Ethiopia, 30
August to 2 September 2004
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The Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and
Their Disposal
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The Basel Convention

• Adopted in 1989
• Entered into force on 5 May 1992
• 162 Parties to the Convention (as at 20 August
  2004)
• 53 Parties are Members States of the African
  Union

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Main Goal of the Convention

• To protect, by strict control, human health and
  the environment against the adverse effects which
  may result from the generation and management of
  hazardous wastes and other wastes

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Mechanisms for Achieving this Goal

• The control of the transboundary movement of
  hazardous wastes and other wastes
• Environmentally sound management (ESM) of
  hazardous wastes and other wastes

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Control of Transboundary Movements 1

• The State of Export must notify the State of
  intended disposal (State of Import) and any
  States through which the shipment is intended to
  pass (State of Transit) (Art. 6 (1)).
• The notification must contain detailed
  information regarding the proposed shipment
  (Annex V A).

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Control of Transboundary Movements 2

• The shipment can only commence
• upon receipt of the written consent of the State
  of Import and upon confirmation of the existence
  of a contract with a disposer specifying ESM of
  the wastes (Arts. 4(1)(c), 6(3)).
• States of Transit also must have consented (Art.
  6(4)).

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Control of Transboundary Movements 3

• The shipment must at all times be accompanied by
  a Movement Document, giving detailed information
  on the shipment (Arts 4(7)(c), Annex V B).
• This document must be signed by each person who
  takes charge of the wastes (Art. 6(9)).

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Control of Transboundary Movements 4

• The disposer must confirm receipt of the wastes,
  and the completion of disposal in accordance with
  the information contained in the notification
  (Art. 6(9))

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Control of Transboundary Movements 5

• Shipments made without following the procedures
  (e.g. without consent) are illegal (Art. 9)
• Illegal traffic is criminal (Art. 4(3))

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Environmentally sound management 1

• ESM means taking all practicable steps to ensure
  that wastes are managed in a manner which will
  protect human health and the environment against
  the adverse effects which may result from such
  wastes

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Environmentally sound management 2

• Parties must, inter alia
• Ensure that the transboundary movement of
  hazardous wastes and other wastes is reduced to
  the minimum consistent with the environmentally
  sound and efficient management of such wastes .
• Prevent the import of hazardous wastes and other
  wastes if it has reason to believe that the
  wastes in question will not be managed in an
  environmentally sound manner
• Not allow the export if the State of export does
  not have the technical capacity and the necessary
  facilities, capacity or suitable disposal sites
  to dispose of the wastes in question in an
  environmentally sound and efficient manner

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The Basel Protocol on Liability and Compensation
for Damage resulting from Transboundary Movements
of Hazardous Wastes and Their Disposal
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The Basel Protocol on Liability

• Responding to the concerns of developing
  countries regarding limited financial and
  technical capacity to respond to and address
  cases of illegal dumping or accidental spills of
  hazardous wastes

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Article 12 of the Basel Convention
Article 12 of the Basel Convention
provides The Parties shall co-operate with a
view to adopting, as soon as practicable, a
protocol setting out appropriate rules and
procedures in the field of liability and
compensation for damage resulting from the
transboundary movement and disposal of hazardous
wastes and other wastes
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Main Goal of the Protocol

• To provide for a comprehensive regime for
  liability and for adequate and prompt
  compensation for damage resulting from the
  transboundary movement of hazardous wastes and
  other wastes and their disposal including illegal
  traffic in those wastes.

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Mechanism for Achieving this Goal

• The provision of third party liability and
  environmental liability in order to ensure that
  adequate and prompt compensation is available for
  damage resulting from the transboundary movement
  and disposal of hazardous wastes and other wastes

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History of the Protocol 1

• March 1989 Conference of Plenipotentiaries (which
  adopted the Convention) adopted Resolution 3
  which established a working group to develop
  elements which might be included in a Protocol on
  Liability and Compensation.

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History of the Protocol 2

• December 1992 COP 1 (Decision I/5) The elements
  developed by the Working Group established
  pursuant to Resolution 3 were presented to COP 1.
  COP 1 decided to establish an ad hoc working
  group to consider and develop a draft Protocol on
  Liability.
• September 1993 The Ad-hoc Working Group of
  Legal and Technical Experts to Consider and
  Develop a Draft Protocol on Liability and
  Compensation began meeting, pursuant to Decision
  I/5. The Ad hoc Working Group held 10 meetings.
• March 1994 COP 2 (Decision II/1), September 1995
  COP 3 (Decision III/2), February 1998 COP 4
  (Decision IV/19) Extended the mandate of the
  working group
• 10 December 1999 COP 5 Adopted the Protocol on
  Liability and Compensation

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The Basel Protocol Today

• As at 25 August 2004, 13 signatories and 3
  ratifications (Ethiopia, Botswana and Togo)
• 20 ratifications required for entry into force
• Decision VI/15 adopted by COP 6, called on
  Parties to expedite the process of ratification,
  acceptance or approval of or accession to the
  Basel Protocol, to enable the Protocol to enter
  into force with a view to allowing the first
  meeting of the Parties to the Basel Protocol to
  be convened in conjunction with COP 7
• COP 7 will be held in Geneva from 25-29 October
  2004

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For Further Information

• Visit the Basel Conventions Website

www.basel.int
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