Wednesday, August 16, 2017

Waste Regulations

The Basel Convention 1989

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) regulates the international shipment and disposal of hazardous wastes.  The Basel Convention was adopted in 1989 and entered into force in 1992.  

Angola is not a signatory to the Basel Convention; it is nevertheless discussed here because it may have some important ramifications at the international level.
Recent Development:  though Resolution 34/16 and Letter of Accession 1/16, Angola accepts and approves for adherence the Convention. On April 25, 2016, the National Assembly has unanimously approved the adherence to these Conventions. This action expresses the willingness of Angola to accept the principles of these conventions and proceed to ratification.
Resolution 34/16: Approves Angola adherence to Bamako Convention on the Ban of Importation of Hazardous Wastes, Control of Trans-boundary Movements and Management of Hazardous Wastes in Africa.
Letter of Accession 1/16: Accepts and validates the Bamako Convention on the Ban of Importation of Hazardous Wastes, Control of Trans-boundary Movements and Management of Hazardous Wastes in Africa and ensures that is strictly observed.
Under the Basel Convention wastes can only be exported if both the state of import and the state of export have given their consent in writing to the import (the doctrine of prior informed consent).  Information about proposed transboundary movements must be communicated to the States concerned to enable them to evaluate the effects of the proposed movements on health and the environment.  Transboundary movements of wastes must only be authorized where there is no danger attached to their movement and disposal.

The Basel Ban Amendment (1995) prevents developed countries (mostly OCED) from exporting any hazardous waste to less developed countries.  Although not yet formally in force, the decision has been translated into law by some countries, e.g., EU and Norway.

The Bamako Convention 1998
The Bamako Convention is a treaty of African nations prohibiting the import into Africa of any hazardous (including radioactive) waste. The convention came into force in 1998. 
Angola has signed but not ratified the Convention.

Recent Development:  though Resolution 34/16 and Letter of Accession 1/16, Angola accepts and approves for adherence the Convention. On April 25, 2016, the National Assembly has unanimously approved the adherence to these Conventions. This action expresses the willingness of Angola to accept the principles of these conventions and proceed to ratification.

Resolution 34/16: Approves Angola adherence to Bamako Convention on the Ban of Importation of Hazardous Wastes, Control of Trans-boundary Movements and Management of Hazardous Wastes in Africa.

Letter of Accession 1/16: Accepts and validates the Bamako Convention on the Ban of Importation of Hazardous Wastes, Control of Trans-boundary Movements and Management of Hazardous Wastes in Africa and ensures that is strictly observed.
The general obligations of the Convention are that 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 minimize the production of hazardous wastes and cooperate to ensure treatment and disposal of wastes in an environmentally sound manner.

The Hong Kong Convention 2009

The Hong Kong Convention) is aimed at ensuring that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risk to human health and safety or to the environment. From the mid-1980s the center of ship scrapping industry shifted towards Asia, in particular to India, Bangladesh and Pakistan.  This industry was, and still is, virtually unregulated and has one of the worst safety records and any industry.  It also causes massive environmental pollution.  (Ref. Llyods Register, A Guide to Inventory of Hazardous Waste Materials (IHM). Jan 2014).  2003, IMO Guidelines of Ship Recycling.  These voluntary guidelines introduced the concept of Green Passport.   The HK Convention 2009 while it still relies on the concept of a Green Passport it is now called the Inventory of Haz Waste Materials.


 

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