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BASEL CONVENTION

The Control of Transboundary Movements of


Hazardous Wastes and their Disposal

Subject: Environmental Law Date: 7th August 2018


Content
■ Introduction
– History
– Objective
– What is the Basel convention?
– Conference of the parties & becoming a party
■ Milestones
■ Status Suriname

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Introduction
■ History
– Montevideo program on environmental law 1981
– Adopted in 1989
– Africa and other parts of the developing world

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Introduction
■ Objective
– The objective of the Basel Convention is to protect human health and
the environment against the adverse effects of hazardous wastes.
– Its scope of application covers a wide range of wastes defined as
“hazardous wastes” based on their origin and/or composition and
their characteristics, as well as two types of wastes defined as “other
wastes” - household waste and incinerator ash.

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Introduction
■ What is Basel Convention?
– Controlling transboundary movements of hazardous and other wastes
– minimizing transboundary movements of hazardous and other wastes
– transboundary movements can only take place if certain conditions
are met and if they are in accordance with certain procedures (in a
manner which will protect human health and the environment. )
– only authorized persons are allowed to transport or dispose wastes

■ The Basel Convention plays a decisive role in achieving the


Millennium Development Goals (MDGs) - poverty reduction,
reducing child mortality, improving maternal health, ensure
environmental sustainability.
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Introduction
■ What is Basel Convention?
■ Transboundary movements of hazardous wastes and other
wastes are only allowed if one of the following conditions are
met:
– the State of export does not have the technical capacity and the
necessary facilities, or suitable disposal sites in order to dispose of
the wastes;
– Or the wastes in question are required as raw material for recycling or
recovery industries in the State of import;
– Or the transboundary movement in question is in accordance with
other criteria decided by the Parties (criteria's found in the decisions
adopted by the Conference of the Parties).

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Introduction
■ Conference of the parties
– The Conference of the Parties (COP)
was established pursuant to article 15
of the Convention, and is composed of
governments of countries that have
accepted, ratified or acceded to it.
■ The COP:
– reviews and evaluates the implementation of the Convention
– it considers and adopts, as required, amendments to the Convention
– Promotes harmonization of appropriate policies, strategies and
measures for minimizing harm to human health and the environment
by hazardous wastes and other wastes
– adopts the programme of work and budget of the Convention for each
biennium.
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Introduction
■ Becoming a party:
– a State must express its consent to be bound by the treaty (it is willing
to undertake the legal rights and obligations contained in the treaty).

– The Basel Convention was open for signature until 22 March 1990.

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Milestones
■ The Ban Amendment (he Amendment to the Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal) was
adopted by the third meeting of the Conference of the Parties (COP) in
1995.
■ The Ban Amendment provides for the prohibition of exports of all
hazardous wastes covered by the Convention that are intended for final
disposal, reuse, recycling and recovery from countries listed in annex VII
to the Convention (Parties and other States which are members of the
OECD, EC, Liechtenstein) to all other countries.
■ As at 1 January 2011, the Ban Amendment has not yet entered into force.

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Milestones
■ The Basel Protocol on Liability and Compensation for Damage resulting
from Transboundary Movements of Hazardous Wastes and their Disposal
was adopted by COP 5 in 1999.
■ In 2002, COP 6 adopted the Strategic Plan for the implementation of the
Basel Convention for the period 2002 to 2010
■ The Bali Declaration on Waste Management for Human Health and
Livelihood, adopted by COP 9 in 2008, has affirmed at the political level
that waste, if not managed in a safe and environmentally sound manner,
may have serious consequences for the environment, human health and
sustainable livelihood.

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Status Suriname

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Suriname
■ There is no legislation in force in Suriname at present which governs waste
management in general and even less the management of hazardous waste.
The import of all kinds of waste is prohibited based on the State Order Negative
List. In 2006, the export of certain types "metal-waste” was placed on the list of
goods which require a license to export. The aim of the policy was to promote as
much as possible the export of products which have been added value in the
country to promote the local metal working industry. All other types of waste are
free for export. However, when it regards the export of hazardous waste, and the
country of import requires registration or inspection by Suriname, it falls under
the category of regulated goods of the State Order Negative List.

■ As a party to the Basel Convention however, the Government is required to work


in accordance an export procedure under the Basel Convention. This procedure
is currently being executed by NIMOS and signed off by the Basel Designated
Authority.

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