Law and You > Environmental Laws > Basel Convention
Hazardous substances pose significant risks to both human health and the environment. These materials can include chemicals, heavy metals, biological agents, and other pollutants that, when released, can contaminate air, water, and soil. Understanding what constitutes a hazardous substance is crucial. This includes materials that are toxic, corrosive, flammable, or reactive. Many countries have regulations that govern the handling, storage, and disposal of hazardous substances to protect public health and the environment. Assessing the potential risks associated with hazardous substances involves evaluating exposure pathways, toxicity, and potential impacts on human health and ecosystems. In this article we shall discuss about Basel convention on the control of trans-boundary movements of hazardous wastes and their disposal.
Basel Convention:
The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal is an international treaty that aims to protect human health and the environment from the dangers of hazardous waste, especially when it is transported across international borders. The treaty was adopted on March 22, 1989, and came into force on May 5, 1992. It addresses the growing concerns about the improper disposal and movement of hazardous waste, particularly from developed to developing countries.
Key Objectives of the Basel Convention:
- Minimize Hazardous Waste Generation: One of the primary objectives is to reduce the generation of hazardous waste at its source. The Convention encourages countries to adopt cleaner production techniques and reduce the amount of hazardous waste they produce.
- Control Trans-boundary Movement of Hazardous Wastes: The Convention aims to regulate the international trade of hazardous waste. Trans-boundary movements are only permitted if the exporting country receives prior informed consent (PIC) from the importing country, ensuring that the importing country is aware of and consents to the shipment.
- Environmentally Sound Management (ESM): The Convention mandates that hazardous waste must be managed and disposed of in an environmentally sound manner. This means adopting safe practices for waste treatment, recycling, and disposal that minimize harm to the environment and human health.
- Prevent Illegal Trafficking: One of the key aims is to prevent illegal shipments of hazardous waste, which are often sent to developing countries for disposal under unsound conditions. The Basel Convention sets out strict requirements for the movement of hazardous waste to prevent illegal dumping and other hazardous waste crimes.
- Promote Sustainable Waste Management: The Convention promotes the development of technologies and practices that reduce waste generation and support sustainable waste management systems.
Background and Importance of the Basel Convention:
The Basel Convention was developed in response to a growing global environmental crisis in the 1980s when hazardous waste from industrialized nations was increasingly being dumped in less developed countries, often without proper regulations or safety measures. Some key factors that led to its adoption include:
- Waste Trade Scandals: Several incidents occurred in the 1980s where hazardous waste from developed nations was dumped in developing countries, causing serious environmental and health issues.
- Environmental Justice: The waste trade often disproportionately affected poorer nations, raising concerns about environmental justice, as these countries lacked the infrastructure and resources to safely manage and dispose of hazardous waste.
Core Provisions of the Basel Convention
- Scope of Waste Covered: The Basel Convention applies to various types of hazardous waste, including industrial waste, medical waste, chemical waste, electronic waste (e-waste), and other toxic materials. It covers wastes defined as hazardous under national laws as well as a list of controlled wastes outlined in the Convention itself.
- Prior Informed Consent (PIC): Under the Basel Convention, trans-boundary movement of hazardous waste requires the Prior Informed Consent (PIC) procedure, which means:
- The country intending to export hazardous waste must notify the importing country in advance.
- The importing country must provide written consent, confirming that it agrees to receive the waste and has the capacity to manage it safely.
- Any country through which the waste will pass (transit countries) must also be informed.
- Prohibition of Hazardous Waste Export: Developed countries are prohibited from exporting hazardous waste to countries that are not part of the Convention, particularly when it is known that the importing country does not have the capacity to manage it safely. In 1995, the Basel Ban Amendment was adopted, which specifically prohibits the export of hazardous waste from OECD countries (most developed nations) to non-OECD countries (developing nations) for any form of disposal, including recycling.
- Obligation to Minimize Waste: Parties to the Convention are required to minimize the generation of hazardous waste and ensure that any waste generated is managed in an environmentally sound manner.
- Environmentally Sound Disposal: When trans-boundary movement of hazardous waste occurs, it must be disposed of in a way that protects human health and the environment. This includes using technologies and procedures that prevent harm during disposal, treatment, and recycling.
- Cooperation and Assistance: The Convention encourages international cooperation to improve waste management systems. It includes provisions for technical assistance, especially for developing countries, to enhance their capacity for hazardous waste management and to help them adopt safer practices.
- Reporting and Enforcement: Countries that are parties to the Convention must provide annual reports on the movements of hazardous waste, including data on generation, export, import, and disposal. The Convention also includes mechanisms to resolve disputes between parties and provisions for penalizing illegal traffic in hazardous waste.
The Basel Ban Amendment (1995):
The Basel Ban Amendment was a significant addition to the Basel Convention, adopted to address the specific concern that developing countries were being used as dumping grounds for hazardous waste from more developed nations. The amendment:
- Prohibits all trans-boundary movements of hazardous waste intended for disposal from OECD countries (developed countries) to non-OECD countries (developing countries).
- This ban includes hazardous waste being exported for recycling, since even recycling operations can pose significant environmental and health risks in countries without proper infrastructure.
The Ban Amendment came into force in December 2019 after receiving the required number of ratifications and is legally binding for those countries that have ratified it.
Importance of the Basel Convention:
- Protection of Human Health and the Environment: By regulating the movement of hazardous waste and encouraging its safe management, the Basel Convention helps prevent environmental contamination and public health crises, particularly in developing countries where improper disposal practices can lead to serious pollution.
- Addressing Environmental Inequality: The Basel Convention addresses global inequities by ensuring that developed countries cannot simply export their waste problems to less developed countries. It promotes environmental justice by holding all countries accountable for their waste.
- Preventing Illegal Trafficking: The Convention has created legal frameworks that allow countries to combat illegal trade in hazardous waste. This includes strengthening enforcement capacities and providing mechanisms for international cooperation in preventing illegal hazardous waste trade.
- Reducing Waste Generation: The Convention not only focuses on controlling waste movement but also promotes the reduction of hazardous waste generation at the source, encouraging cleaner production methods and sustainable consumption patterns.
- Promoting Recycling and Safe Disposal: By encouraging the safe and environmentally sound disposal of hazardous waste, the Convention also supports recycling initiatives, provided they follow strict guidelines to prevent harm to human health and the environment.
Challenges and Criticisms:
- Illegal Waste Dumping: Despite the Convention’s regulations, illegal dumping and improper disposal of hazardous waste continue to be major problems, particularly in developing nations. Some countries lack the enforcement capacity to monitor and regulate hazardous waste shipments effectively.
- Limited Ratification of the Ban Amendment: While the Ban Amendment is legally binding for those countries that have ratified it, some countries have not yet adopted the amendment, limiting its global effectiveness in stopping hazardous waste exports from developed to developing countries.
- E-Waste Challenges: One of the emerging challenges under the Basel Convention is the growing problem of electronic waste (e-waste). E-waste often contains hazardous materials such as heavy metals and chemicals, and its proper management is becoming increasingly difficult with the rapid growth of electronic devices worldwide.
- Lack of Resources in Developing Countries: Many developing countries face challenges in implementing the Convention due to lack of financial resources, technical expertise, and infrastructure for hazardous waste management.
Conclusion:
The Basel Convention is a critical international treaty aimed at regulating the global movement of hazardous waste and preventing developing countries from becoming dumping grounds for the world’s hazardous materials. Through its provisions, the Convention seeks to promote environmental justice, protect human health, and encourage the safe and sustainable management of hazardous waste worldwide. Despite challenges in enforcement and implementation, the Convention remains a cornerstone of global environmental governance, particularly in dealing with waste-related issues.
Related Topics:
- Stockholm Declaration
- Rio Declaration
- Vienna Convention and Montreal Protocol
- United Nations Framework Convention on Climate Change
- Kyoto Protocol
- Doha Amendment
- Paris Climate Agreement
- Convention on Biological Diversity
- Cartagena Protocol on Biosafety
- Nagoya Protocol on Access to Genetic Resources