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Evolution of the Basle Convention
Evolution of the Bade Convention Flavio Cotti
This paper examines the evolution of the Basle Convention. It looks at the situation in Switzerland, the international approach to waste management and the spirit of international environmental conventions, the main principles of the Basle Convention itself, the role of its Secretariat and the role of industry. Monsieur Cotti is Minister of Environment, Federal de I’lnterieur, Palais Federal, 3003 Berne, Switzerland.
This International Conference of the Advisory Committee on Pollution of the Sea (ACOPS), addresses the transport, control and disposal of hazardous substances. This very same topic mobilized an impressive number of environment ministers from all over the world, at the occasion of the Basle Conference in Switzerland in March 1989. Considering that its main objective is to protect the world’s oceans and get an oversight of their health, it is obvious that the problem of hazardous wastes is of paramount importance to ACOPS. Basle was a good starting point and, of course, the work on implementation of the Convention has still to begin. In that context, the initiative of ACOPS, to convene an International Conference to build on the foundation laid down in Basle, is important and will certainly help to give momentum to the discussions and activities underway in the field of global management of hazardous wastes. Global environmental issues are certainly one of the major challenges we face today. Environmental strains that transcend national borders are already beginning to break down the boundaries of national sovereignty, previously rendered porous by the information and communication revolutions and the global movement of financial capital. The once sharp dividing line between foreign and domestic policy is blurred, forcing governments to grapple in international fora with issues that were contentious enough in the domestic arena.
The situation in Switzerland In Switzerland waste management is a delicate issue. Our policy’s main objective is to minimize waste generation and increase our capacity for treatment and final disposal in order to gain autonomy in the management of wastes, and put an end to existing export activities. Switzerland does not export wastes to developing countries. Nevertheless we still export around 110 000 tonnes of wastes to industrialized countries, mainly in Western Europe. A great effort was made to gain public acceptance for our policy, particularly in the regions where the new facilities have to be built. It took some time to explain that our country could not stop exporting wastes, which is the wish of a large section of the population, but was also unable to build new facilities for treatment and disposal at home.
The international approach Of course, ambitions
210
in the field of waste management, we could not limit our to our small territory. The Seveso affair was there to
0308-597X/90/03021
O-04 0
1990 Butterworth & Co (Publishers) Ltd
Evolution of the Bade Convention
demonstrate that a solution in this matter would only be found through international cooperation. It was at this specific time, in June 1983, during the saga of the Seveso drums, that Switzerland, following consultations with FR Germany, France and Italy, launched the idea of international regulation, in order to ensure that all transfrontier movements of hazardous wastes would be subject to proper control. Switzerland proposed that the preparatory work for the elaboration of such an instrument should be carried out within the Organization for Economic Co-operation and Development (OECD), whose member countries generate about 80% of the world’s production of hazardous wastes. Switzerland suggested that, ultimately, the work of OECD should result in a draft global Convention that would also give consideration to the difficulties of developing countries. In order to ensure that matters of particular concern to developing countries were taken in account from the outset, the United Nations Environment Programme (UNEP) was closely associated with OECD activities. Then, in May 1987, Switzerland, with the support of Hungary and Senegal, proposed at the 14th session of UNEP’s Governing Council that a global Convention should be drawn up. This proposal was adopted by the Governing Council, then ratified by the General Assembly of the UN, and the work that opened the way to the Basle Conference started immediately.
The spirit of international environmental
conventions
In its chapter dealing proposed that:
the Brundtland
future enshrine
international the following
with industrial
conventions
dealing
problems,
with transfrontier
pollution
Report
should
principles:
- the responsibility of every state not to harm the health and environment of other nations, - liability and compensation for any damage caused by transfrontier pollution, and - equal right of access to remedial measures by all parties concerned.
So the main purpose of the Basle Convention was precisely to include these principles in an international agreement on hazardous wastes. At present, it is impossible to prohibit all movements of toxic wastes. No State, and certainly no developing country, can have all the installations necessary for the sound disposal of all types of wastes that are generated. This situation in no way justifies a lack of efficient measures at national level. It is indeed the responsibility of every State to look after its own wastes. At the same time, capacity for legal disposal of hazardous wastes is in short supply. These two factors clearly show that the transboundary movements of hazardous wastes will continue for some time in the future. In this context the enforcement of the Basle Convention is essential if we want to be in a position to control the movement of wastes and protect man and the environment. The Convention will be a powerful force in encouraging environmentally sound management of wastes and waste minimization since it requires Governments to ensure that any wastes which are legally exported are managed correctly.
The main principles of the Convention It is true expectation
MARINE
POLICY
May 1990
to say that the Convention has created a great and has evoked some criticism, especially among
deal of African
211
Evolution
of the Bask
Convention
countries and non-governmental organizations. In Basle, His Excellency Mr Morifing Kane, Minister of the Republic of Mali, while expressing his appreciation of the efforts of the international community to adopt a global legal instrument addressing the problem of dangerous wastes, stated that African countries were not prepared to sign a convention at this stage. In particular he expressed concern that, because of limited technical capabilities, it would be difficult for developing countries to make appropriate use of the Basle Convention. Bearing in mind these reservations, we should look more closely at the text of the Convention which is based upon six principles: 1. 2.
3.
4.
5. 6.
The quantity of hazardous wastes must be reduced to a minimum. The Parties shall inform each other, through the Secretariat, on the decisions taken by them to limit or ban the export or import of hazardous wastes. Based upon this information the Secretariat will have to circulate a report. If, as is inevitable, hazardous wastes are generated, their management must be as environmentally sound as possible and they must be stored or disposed of as close as possible to the place where they are generated; in other words, transfrontier movements must constitute an exception. In exceptional cases, if appropriate storage and treatment is impossible in the generating country, it may be safer for the environment and human health to export hazardous wastes to countries possessing the technology for their environmentally sound management. Where transfrontier movements take place, they must be subject to very stringent controls. Increased international cooperation is necessary. An international Secretariat must be established, inter ah, in order to assist developing countries with the effective and environmentally sound management of their wastes.
These principles are strengthened by an array of prohibition and control measures which entitle the contracting parties to prohibit the import or export of hazardous wastes. In spite of the criticism, I have mentioned before that I strongly believe that these clear principles and dispositions, when enforced, will provide an effective tool on the one hand to reduce to a minimum the existing movements of wastes, and on the other hand to make sure that remaining transfrontier shipments will take place under a strict control in order to achieve our common objective - the protection of man and the environment.
The role of the Secretariat At this stage I would like to come back to the Secretariat of the Basle Convention, whose functions are described in the Article 16 of the Convention. Switzerland has provided office space for the interim Secretariat in a magnificent house alongside Lake Geneva, and we have great expectations regarding the central role that this organ will have to play in the implementation of the Convention. In my view, some of the Secretariat functions are of crucial importance, particularly with regard to the needs of developing countries. Information exchange, the training of competent technical and administrative personnel, strengthening transport surveillance, facilitating access to new waste-management technology, intervention in the
212
MARINE
POLICY
May 1990
Evolution of the Bade Convention
case of accidents are all highly relevant activities if we are to succeed. In his message for the ACOPS Yearbook 1987188, His Excellency Abdou Diouf, President of the Republic of Senegal, wrote that ‘in his view, an adequate training policy was the prerequisite in all areas relating to prevention, control and reduction of marine pollution’. He stated as well that Europe’s assistance to Africa will facilitate the transfer of technologies necessary to ensure protection of the marine environment. I share entirely this approach and I think that it could apply as well to the sector of waste management. In this field the industrialized nations have not found all the solutions but we have learned much from our own mistakes, and our regulations have proved to be a good incentive for the development of new technologies. We are most willing to share this experience, in particular with developing countries evidently facing the problem of wastes generated on their own territories. In consequence, during the meeting of the Governing Council of UNEP in May 1989, Switzerland clearly stated its intention to support, through its development agency, the programmes set up by the Secretariat, in particular those addressing developing countries.
The role of industry On the 20-22 September 1989 the International Environmental Bureau organized a Symposium in Geneva on prevention, reduction and disposal of special wastes. It is encouraging to see that within industry global awareness of environmental issues is growing. Industry is being pushed to make up for lost time and is accepting the challenge. I believe that regarding the issue of special wastes, the only way to bring about an end to today’s problems will be through dialogue and cooperation between governments, industry and individual consumers. Of course, this dialogue and cooperation should take place in a clearly defined legislative framework and must not limit itself to national boundaries. If the private sector is committed to a drastic improvement in waste prevention and reduction, it will certainly help in reducing the amount of wastes being shipped across borders. It is our responsibility at the national level to strike a balanced policy, combining regulations and incentives, to promote environmentally sound and modern waste management .
Conclusion If we want to implement environmentally sound management of wastes at the global level, we must ensure strict control of the transfrontier shipments of wastes and, at the same time, achieve a strong reduction in the volume of wastes being generated and exported. To achieve this, there are two essential requirements: first, the enforcement of the Convention, and, second, a strong, efficient and active Secretariat. Enforcement requires at least 20 ratifications. Switzerland will ratify the Convention before the end of 1989 and I would like to appeal to other countries, and particularly to African countries, to sign and ratify it as well. Once ratified and into force, the Convention will only show positive results if its Secretariat is adequately supported by contracting parties. As a signatory and future contracting party, Switzerland is ready to give significant support to the Secretariat and wishes that members of the international community will join forces in order to achieve, together, environmentally sound management of hazardous wastes on a global scale. MARINE
POLICY
May 1990
213
This paper examines the evolution of the Basle Convention. It looks at the situation in Switzerland, the international approach to waste management and the spirit of international environmental conventions, the main principles of the Basle Convention itself, the role of its Secretariat and the role of industry. Monsieur Cotti is Minister of Environment, Federal de I’lnterieur, Palais Federal, 3003 Berne, Switzerland.
This International Conference of the Advisory Committee on Pollution of the Sea (ACOPS), addresses the transport, control and disposal of hazardous substances. This very same topic mobilized an impressive number of environment ministers from all over the world, at the occasion of the Basle Conference in Switzerland in March 1989. Considering that its main objective is to protect the world’s oceans and get an oversight of their health, it is obvious that the problem of hazardous wastes is of paramount importance to ACOPS. Basle was a good starting point and, of course, the work on implementation of the Convention has still to begin. In that context, the initiative of ACOPS, to convene an International Conference to build on the foundation laid down in Basle, is important and will certainly help to give momentum to the discussions and activities underway in the field of global management of hazardous wastes. Global environmental issues are certainly one of the major challenges we face today. Environmental strains that transcend national borders are already beginning to break down the boundaries of national sovereignty, previously rendered porous by the information and communication revolutions and the global movement of financial capital. The once sharp dividing line between foreign and domestic policy is blurred, forcing governments to grapple in international fora with issues that were contentious enough in the domestic arena.
The situation in Switzerland In Switzerland waste management is a delicate issue. Our policy’s main objective is to minimize waste generation and increase our capacity for treatment and final disposal in order to gain autonomy in the management of wastes, and put an end to existing export activities. Switzerland does not export wastes to developing countries. Nevertheless we still export around 110 000 tonnes of wastes to industrialized countries, mainly in Western Europe. A great effort was made to gain public acceptance for our policy, particularly in the regions where the new facilities have to be built. It took some time to explain that our country could not stop exporting wastes, which is the wish of a large section of the population, but was also unable to build new facilities for treatment and disposal at home.
The international approach Of course, ambitions
210
in the field of waste management, we could not limit our to our small territory. The Seveso affair was there to
0308-597X/90/03021
O-04 0
1990 Butterworth & Co (Publishers) Ltd
Evolution of the Bade Convention
demonstrate that a solution in this matter would only be found through international cooperation. It was at this specific time, in June 1983, during the saga of the Seveso drums, that Switzerland, following consultations with FR Germany, France and Italy, launched the idea of international regulation, in order to ensure that all transfrontier movements of hazardous wastes would be subject to proper control. Switzerland proposed that the preparatory work for the elaboration of such an instrument should be carried out within the Organization for Economic Co-operation and Development (OECD), whose member countries generate about 80% of the world’s production of hazardous wastes. Switzerland suggested that, ultimately, the work of OECD should result in a draft global Convention that would also give consideration to the difficulties of developing countries. In order to ensure that matters of particular concern to developing countries were taken in account from the outset, the United Nations Environment Programme (UNEP) was closely associated with OECD activities. Then, in May 1987, Switzerland, with the support of Hungary and Senegal, proposed at the 14th session of UNEP’s Governing Council that a global Convention should be drawn up. This proposal was adopted by the Governing Council, then ratified by the General Assembly of the UN, and the work that opened the way to the Basle Conference started immediately.
The spirit of international environmental
conventions
In its chapter dealing proposed that:
the Brundtland
future enshrine
international the following
with industrial
conventions
dealing
problems,
with transfrontier
pollution
Report
should
principles:
- the responsibility of every state not to harm the health and environment of other nations, - liability and compensation for any damage caused by transfrontier pollution, and - equal right of access to remedial measures by all parties concerned.
So the main purpose of the Basle Convention was precisely to include these principles in an international agreement on hazardous wastes. At present, it is impossible to prohibit all movements of toxic wastes. No State, and certainly no developing country, can have all the installations necessary for the sound disposal of all types of wastes that are generated. This situation in no way justifies a lack of efficient measures at national level. It is indeed the responsibility of every State to look after its own wastes. At the same time, capacity for legal disposal of hazardous wastes is in short supply. These two factors clearly show that the transboundary movements of hazardous wastes will continue for some time in the future. In this context the enforcement of the Basle Convention is essential if we want to be in a position to control the movement of wastes and protect man and the environment. The Convention will be a powerful force in encouraging environmentally sound management of wastes and waste minimization since it requires Governments to ensure that any wastes which are legally exported are managed correctly.
The main principles of the Convention It is true expectation
MARINE
POLICY
May 1990
to say that the Convention has created a great and has evoked some criticism, especially among
deal of African
211
Evolution
of the Bask
Convention
countries and non-governmental organizations. In Basle, His Excellency Mr Morifing Kane, Minister of the Republic of Mali, while expressing his appreciation of the efforts of the international community to adopt a global legal instrument addressing the problem of dangerous wastes, stated that African countries were not prepared to sign a convention at this stage. In particular he expressed concern that, because of limited technical capabilities, it would be difficult for developing countries to make appropriate use of the Basle Convention. Bearing in mind these reservations, we should look more closely at the text of the Convention which is based upon six principles: 1. 2.
3.
4.
5. 6.
The quantity of hazardous wastes must be reduced to a minimum. The Parties shall inform each other, through the Secretariat, on the decisions taken by them to limit or ban the export or import of hazardous wastes. Based upon this information the Secretariat will have to circulate a report. If, as is inevitable, hazardous wastes are generated, their management must be as environmentally sound as possible and they must be stored or disposed of as close as possible to the place where they are generated; in other words, transfrontier movements must constitute an exception. In exceptional cases, if appropriate storage and treatment is impossible in the generating country, it may be safer for the environment and human health to export hazardous wastes to countries possessing the technology for their environmentally sound management. Where transfrontier movements take place, they must be subject to very stringent controls. Increased international cooperation is necessary. An international Secretariat must be established, inter ah, in order to assist developing countries with the effective and environmentally sound management of their wastes.
These principles are strengthened by an array of prohibition and control measures which entitle the contracting parties to prohibit the import or export of hazardous wastes. In spite of the criticism, I have mentioned before that I strongly believe that these clear principles and dispositions, when enforced, will provide an effective tool on the one hand to reduce to a minimum the existing movements of wastes, and on the other hand to make sure that remaining transfrontier shipments will take place under a strict control in order to achieve our common objective - the protection of man and the environment.
The role of the Secretariat At this stage I would like to come back to the Secretariat of the Basle Convention, whose functions are described in the Article 16 of the Convention. Switzerland has provided office space for the interim Secretariat in a magnificent house alongside Lake Geneva, and we have great expectations regarding the central role that this organ will have to play in the implementation of the Convention. In my view, some of the Secretariat functions are of crucial importance, particularly with regard to the needs of developing countries. Information exchange, the training of competent technical and administrative personnel, strengthening transport surveillance, facilitating access to new waste-management technology, intervention in the
212
MARINE
POLICY
May 1990
Evolution of the Bade Convention
case of accidents are all highly relevant activities if we are to succeed. In his message for the ACOPS Yearbook 1987188, His Excellency Abdou Diouf, President of the Republic of Senegal, wrote that ‘in his view, an adequate training policy was the prerequisite in all areas relating to prevention, control and reduction of marine pollution’. He stated as well that Europe’s assistance to Africa will facilitate the transfer of technologies necessary to ensure protection of the marine environment. I share entirely this approach and I think that it could apply as well to the sector of waste management. In this field the industrialized nations have not found all the solutions but we have learned much from our own mistakes, and our regulations have proved to be a good incentive for the development of new technologies. We are most willing to share this experience, in particular with developing countries evidently facing the problem of wastes generated on their own territories. In consequence, during the meeting of the Governing Council of UNEP in May 1989, Switzerland clearly stated its intention to support, through its development agency, the programmes set up by the Secretariat, in particular those addressing developing countries.
The role of industry On the 20-22 September 1989 the International Environmental Bureau organized a Symposium in Geneva on prevention, reduction and disposal of special wastes. It is encouraging to see that within industry global awareness of environmental issues is growing. Industry is being pushed to make up for lost time and is accepting the challenge. I believe that regarding the issue of special wastes, the only way to bring about an end to today’s problems will be through dialogue and cooperation between governments, industry and individual consumers. Of course, this dialogue and cooperation should take place in a clearly defined legislative framework and must not limit itself to national boundaries. If the private sector is committed to a drastic improvement in waste prevention and reduction, it will certainly help in reducing the amount of wastes being shipped across borders. It is our responsibility at the national level to strike a balanced policy, combining regulations and incentives, to promote environmentally sound and modern waste management .
Conclusion If we want to implement environmentally sound management of wastes at the global level, we must ensure strict control of the transfrontier shipments of wastes and, at the same time, achieve a strong reduction in the volume of wastes being generated and exported. To achieve this, there are two essential requirements: first, the enforcement of the Convention, and, second, a strong, efficient and active Secretariat. Enforcement requires at least 20 ratifications. Switzerland will ratify the Convention before the end of 1989 and I would like to appeal to other countries, and particularly to African countries, to sign and ratify it as well. Once ratified and into force, the Convention will only show positive results if its Secretariat is adequately supported by contracting parties. As a signatory and future contracting party, Switzerland is ready to give significant support to the Secretariat and wishes that members of the international community will join forces in order to achieve, together, environmentally sound management of hazardous wastes on a global scale. MARINE
POLICY
May 1990
213