-Treaty Development

-Outline of Important Provisions

-Important Notes

Presentation By: Jose Antonio Barroso

What is it?
• The Minamata Convention on Mercury is an international treaty designed to
protect human health and environment from anthropogenic emissions and
releases of mercury and mercury compounds.

• Anthropogenic refers to Environmental pollution or pollutants originating in

human activity
Development of the Treaty
• 2001 — UNEP has been actively engaged in bringing the science of mercury
poisoning to policy implementation.
The executive director of UNEP was invited by its Governing Council to undertake a
global assessment of mercury and its compounds, including its chemistry and
health effects, sources, long-range transport, as well as prevention and control
technologies relating to mercury.

• 2003 — The governing council considered this assessment and found that there
was sufficient evidence of significant global adverse impacts from mercury and its
compounds to warrant further international action to reduce the risks to human
health and the environment.
• 2005 and 2007 — The UNEP Global Mercury Partnership was established to
address the concerns posed by mercury.

• 2009 — Governing Council of UNEP decided to develop a global legally binding

instrument on mercury

• June 2010 – January 2013 — An Intergovernmental Negotiating Committee met

in five session to work on and prepare the draft of the instrument.

• January 19, 2013 — the text of the treaty was agreed upon by various state
governments at the fifth session of the Intergovernmental Negotiating
Committee on Mercury in Geneva
• October 10, 2013 — The text of the treaty was adopted and opened for signature
at a Diplomatic Conference held in Kumamoto Japan

• May 18, 2017 — The deposit of the 50th instrument of ratification, acceptance,
approval or accession was done. (Bulgaria, Hungary, Denmark, Malta,
Netherlands, Romania, Sweden)

• August 16, 2017 — The convention entered into force (90 days after May 18,
2017)

Note: The Convention required to enter into force the deposit of fifty instruments of ratification,
acceptance, approval or accession by States or regional economic integration organizations. This
fifty-ratification milestone was reached on 18 May 2017, hence the Convention entered into force on
16 August 2017.
The Minamata Convention on Mercury Now
• Currently the Minamata Convention on Mercury has 128 Signatories and 119
Ratifications.

• The Philippines is a signatory as of October 10, 2013, but has not ratified the
convention until now.
Note the difference between
• Signature Ad Referendum — A representative signs a treaty under the condition
that the signature is confirmed by his state.

• Signature Subject to Ratification, Acceptance or Approval — the signature does

not establish the consent to be bound but it merely expresses the willingness of
the signatory to continue the treaty-making process. It also creates an obligation
to refrain in good faith, from acts that would defeat the object and purpose of the
treaty.

• Ratification— a state indicates its consent to be bound to a treaty if the parties

intended to show their consent by such an act.
Why is it called the “Minamata” Convention on Mercury?

• The Minamata Convention is named after the Japanese city of Minamata, which
experienced a severe incidence of mercury poisoning.

• The industrial wastewater from a chemical factory which was discharged into
Minamata Bay contained methylmercury, which bioaccumulated in fish and
shellfish in the bay.

• Local people who consumed seafood from Minamata Bay became very sick, and
many died.
Minamata Disease
• Minamata disease, sometimes referred to as Chisso-Minamata disease, is a
neurological syndrome caused by severe mercury poisoning.

• Symptoms include ataxia, numbness in the hands and feet, general muscle
weakness, narrowing of the field of vision and damage to hearing and speech.

• In extreme cases, insanity, paralysis, coma and death follow within weeks of the
onset of symptoms. A congenital form of the disease can also affect fetuses.
Why is a Global Response Needed?
• Mercury is a highly toxic heavy metal that poses a global threat to human health and the
environment.
• Together with its various compounds, it has a range of severe health impacts, including
damage to the central nervous system, thyroid, kidneys, lungs, immune system, eyes, gums
and skin.
• There is no known safe exposure level for elemental mercury in humans, and effects can be
seen even at very low levels.
• Mercury is transported around the globe through the environment, so its emissions and
releases can affect human health and environment even in remote locations.
• No country can control transboundary effects of mercury alone. It can be effectively tackled
only through international cooperation. With the adoption of the Minamata Convention,
Governments from around the world have taken a major step in dealing with worldwide
emissions and releases of mercury, which threaten the environment, and the health of
millions.
Objective
The objective of the Minamata Convention is to protect the human health and the
environment from anthropogenic emissions and releases of mercury and mercury
compounds.
OUTLINE OF THE PROVISIONS:
Article 1 States the objective of the convention
Article 2 Sets out definition of words used in the convention
Mercury — means elemental mercury
Mercury Compound —any substance consisting of atoms of mercury
Mercury-added product —a product or product component that
contains mercury compound that was intentionally added.
Mercury Mercury Compound Mercury-added Products

Mercury (I) Chloride Dental Amalgam

(Dimercury Dicholoride)
Used in dentistry to fill
Used to be utilized in cavities. caused by tooth
cosmetics and as a laxative decay.
until people who used
suffered from mercury
poisoning.
Article 3 § Addresses the question of mercury supply sources and trade.
§ It prohibits parties to allow mercury mining that was not being conducted
prior to the date of entry into force of the Convention for them,
§ It only allows mercury mining that was conducted at the date of entry into
force for up to fifteen years after that date.
§ It encourages countries to identify individual stocks of mercury or mercury
compounds exceeding 50 metric tons as well as sources of mercury supply
generating stocks exceeding 10 metric tons per year.
§ Parties are not allowed to export mercury without the written consent of
the importing Party and only for either environmentally sound interim
storage or use is allowed. These controls only apply to mercury, not to
either mercury compounds or mercury-added products.
Article 4 § Addresses the question of Mercury-added products
§ The two approaches to controlling mercury in products
a. Setting a phase-out date for some
b. Specifying measures to be taken in allowing continued use for others
Article 5 § Deals with manufacturing processes in which mercury or mercury compounds
are used
§ Sets out measures to phase out or to restrict such existing processes
§ Prohibits the development of new facilities that would use manufacturing
processes listed in the convention
§ Discourages the development of new manufacturing processes in which
mercury or mercury compounds are intentionally used.
Article 6 § Provides for exemption available to a party to the convention upon request
§ A state or regional economic integration organization can register for one or
more exemptions from the phase out dates listed in annex A and B
§ Registration is done by notifying the secretariat in writing providing for
reasons for the exemption
Article 7 § Deals with the question of artisanal and small-scale gold mining and
processing in which mercury amalgamation is used to extract gold from ore
§ Those states who have these small-scale gold mining and processing plants
should take steps to reduce if not eliminate their use of mercury.
Article 8 § Concerns emissions of mercury and mercury compounds
§ Aims to control and reduce emissions of mercury and mercury
compounds in the atmosphere
Article 9 § Addresses the release of mercury and mercury compounds to land and
water
§ States should identify the relevant point source categories of releases of
mercury into land and water in their territory within 3 years after their
date of entry.
§ After identification they should reduce or eliminate completely these
sources.
Article 10 § Applies to the environmentally sound interim storage of mercury other
than waste mercury
§ Parties are requested to take measures to store mercury and mercury
compounds allowed by the convention in an environmentally sound
manner. In accordance with any requirements that the Conference of
Parties may adopt.
Article 12 § Every state must develop appropriate strategies to identify and assess
sites contaminated by mercury or mercury compounds
§ In reducing the the risk of these sites contaminated by mercury, the
party must ensure that they do this in an environmentally sound
manner, taking into consideration of the risk to human health and the
environment at large.

Article 16 § Encourages parties to promote the development and implementation

of strategies and programs that identify populations at risk.
§ Encourages parties to promote proper health-care services for
prevention, treatment and care for these populations.
Article 17 § Deals with information Exchange
§ Each party shall facilitate the exchange of information
Article 18 • Stresses the importance of public information, awareness and
education
• Obligates parties provide the public of available information on
the health and environmental effects of mercury and mercury
compounds as well as the results of its research.
• Obligates the parties to promote and facilitate education,
training and public awareness related to the effects of exposure
to mercury and mercury compounds on human health and the
environment.
Article 22 • Deals with effectiveness evaluation
• The conference of the parties needs to evaluate the
effectiveness of the convention no later than six years after the
date of entry into force and periodically thereafter.
END OF PRESENTATION