Bamako Convention on the Ban of the Import Into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa (1991)

Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991)

Organization of African Unity

SiSU lexmercatoria.org ii Contents

Contents Article 17 - Amendment of the Convention and of Pro- tocols ...... 14 Amendment of Protocols to this Convention .. 14 Bamako Convention On The Ban Of The Import Into General Provisions ...... 14 Africa And The Control Of Transboundary Movement Article 18 - Adoption and Amendment of Annexes .. 15 And Management Of Hazardous Wastes Within Africa Article 19 - Verification ...... 15 (1991) 1 Article 20 - Settlement of Disputes ...... 15 Preamble ...... 1 Article 21 - Signature ...... 16 Article 1 - Definitions ...... 2 Article 22 - Ratification, Acceptance, Formal Confir- Article 2 - Scope of the Convention ...... 3 mation or Approval ...... 16 Article 3 - National Definitions of Hazardous Wastes . 4 Article 23 - Accession ...... 16 Article 4 - General Obligations ...... 4 Article 24 - Right to Vote ...... 16 Article 25 - Entry into Force ...... 16 1. Hazardous Waste Import Ban ...... 4 Article 26 - Reservations and Declarations ...... 16 2. Ban on Dumping of Hazardous Wastes at Sea Article 27 - Withdrawal ...... 16 and Internal Waters ...... 4 Article 28 - Depository ...... 17 3. Waste Generation in Africa Each Party shall: 5 Article 29 - Registration ...... 17 4. Furthermore ...... 7 Article 30 - Authentic Texts ...... 17 Article 5 - Designation of Competent Authorities, Focal Point and Dumpwatch ...... 7 Metadata 18 Article 6 - Transboundary Movement and Notification SiSU Metadata, document information ...... 18 Procedures ...... 7 Article 7 - Transboundary Movement from a Party through States which are not Parties ...... 8 Article 8 - Duty to Re-import ...... 9 Article 9 - Illegal traffic ...... 9 Article 10 - Intra-African Co-operation ...... 9 Article 11 - International Co-operation: Bilateral, Mul- tilateral and Regional Agreements ...... 10 Article 12 - Liabilities and Compensation ...... 11 Article 13 - Transmission of Information ...... 11 Article 14 - Financial Aspects ...... 12 Article 15 - Conference of the Parties ...... 12 Article 16 - Secretariat ...... 13

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1 Bamako Convention On The Ban Of The Import Into 7. Recognizing also the increasing mobilization in Africa for the 10 Africa And The Control Of Transboundary prohibition of transboundary movements of hazardous wastes Movement And Management Of Hazardous Wastes and their disposal in African countries, Within Africa (1991) 8. Convinced that hazardous wastes should, as far as is com- 11 patible with environmentally sound and efficient management 2 Preamble be disposed in the State where they were generated,

3 The Parties to this Convention, 9. Convinced that the effective control and minimization of 12 transboundary movements of hazardous wastes will act as an 4 1. Mindful of the growing threat to human health and the envi- incentive, in Africa and elsewhere, for the reduction of the vol- ronment posed by the increased generation and the complexity ume of the generation of such wastes, of hazardous wastes, 10. Noting that a number of international and regional agree- 13 5 2. Further mindful that the most effective way of protecting hu- ments deal with the problem of the protection and preserva- man health and the environment from the dangers posed by tion of the environment with regard to the transit of dangerous such wastes is the reduction of their generation to a minimum goods, in terms of quantity and/or hazard potential, 11. Taking into account the Declaration of the United Nations 14 6 3. Aware of the risk of damage to human health and the en- Conference on the Human Environment (Stockholm, 1972), the vironment caused by transboundary movements of hazardous Cairo Guidelines and Principles for the Environmentally Sound wastes, Management of Hazardous Wastes adopted by the Governing

7 4. Reiterating that States should ensure that the generator Council of the United Nations Environment Programme (UNEP) should carry out his responsibilities with regard to the transport by Decision 14/30 of 17 June, 1987, the Recommendations and disposal of hazardous wastes in a manner that is consistent of the United Nations Committee of Experts on the Transport with the protection of human health and environment, whatever of Dangerous Goods (formulated in 1957 and updated bien- the place of disposal, nially), the Charter of Human Rights, relevant recommendations, declarations, instruments and regulations adopted within 8 5. Recalling relevant chapters of the Charter of the Organi- the United Nations System, the relevant articles of the 1989 sation of African Unity (OAU) on environmental protection, the Basel Convention on the Control of Transboundary Movements African Charter for Human and Peoples' Rights, Chapter IX of of Hazardous Wastes and their Disposal which allow for the the Lagos Plan of Action and other Recommendations adopted establishment of regional agreements which may be equal to by the Organisation of African Unity on the environment, or stronger than its own provisions, Article 39 of the Lome IV 9 6. Further recognizing the sovereignty of States to ban the im- Convention relating to the international movement of hazardous portation into, and the transit through, their territory, of haz- wastes and radioactive wastes, African inter-governmental or- ardous wastes and substances for environmental and human ganizations and the work and studies done within other inter- health reasons, national and regional organisations,

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15 12. Mindful of the spirit, principles, aims and functions of the or are intended to be disposed of, or are required to be disposed African Convention on the Conservation of Nature and Natural of by the provisions of national law; Resources adopted by the African Heads of State and Gov- 2. “Hazardous wastes” means wastes as specified in Article 2 25 ernment in Algiers (1968) and the World Charter for Nature of this Convention; adopted by the General Assembly of the United Nations at its Thirty-seventh Session (1982) as the rule of ethics in respect of 3. “Management” means the prevention and reduction of haz- 26 the protection of the human environment and the conservation ardous wastes and the collection, transport, storage, and treat- of natural resources, ment either for the reuse or disposal, of hazardous wastes including after-care of disposal sites; 16 13. Concerned by the problem of transboundary traffic in hazardous wastes, 4. “Transboundary movement” means any movement of haz- 27 ardous wastes from an area under the national jurisdiction of 17 14. Recognizing the need to promote the development of any State to or through an area under the national.jurisdiction clean production methods, including clean technologies, for of another State, or to or through an area not under the na- the sound management of hazardous wastes produced in tional jurisdiction of another State, provided at least two States Africa, in particular, to avoid, minimize and eliminate the are involved in the movement; generation of such wastes, 5. “Clean production methods” means production or industrial 28 18 15. Recognizing also that where necessary hazardous wastes systems which avoid, or eliminate the generation of hazardous should be transported in accordance with relevant international wastes and hazardous products in conformity with Article 4, conventions and recommendations, section 3(f) and (g) of this Convention; 19 16. Determined to protect, by strict control, the human health 6. “Disposal” means any operation specified in Annex III to this 29 of the African population and the environment against the Convention; adverse effects which may result from the generation of hazardous wastes, 7. “Approved site or facility” means a site or facility for the dis- 30 posal of hazardous wastes which is authorised or permitted to 20 17. Affirming a commitment also to responsibly address the operate for this purpose by a relevant author-ity of the State problem of hazardous wastes originating within the Continent where the site or facility is located; of Africa, 8. “Competent authority” means one governmental authority 31 21 Have agreed as follows: designated by a Party to be responsible, within such geograph- ical areas as the Party may think fit, for receiving the notification 22 Article 1 - Definitions of a transboundary movement of hazardous wastes and any information related to it, and for responding to such a notification, 23 For the purpose of this Convention: as provided in Article 6 of this Convention;

24 1. “Wastes” are substances or materials which are disposed of, 9. “Focal point” means the entity of a Party referred to in Article 32

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5 of this Convention responsible for receiving and submitting 19. “Carrier” means any person who carries out the transport 42 information as provided for in Articles 13 and 16; of hazardous wastes;

33 10. “Environmentally sound management of hazardous 20. “Generator” means any person whose activity produces 43 wastes” means taking all practicable steps to ensure that hazardous wastes, or, if that person is not known, the person hazardous wastes are managed in a manner which will protect who is in possession and/or control of those wastes; human health and the environment against the adverse effects 21. “Disposer” means any person to whom hazardous 44 which may result from such wastes; wastes are shipped and who carries out the disposal of such 34 11. “Area under the national jurisdiction of a State” means any wastes; land, marine area or airspace within which a State exercises 22. “Illegal traffic” means any transboundary movement of haz- 45 administrative and regulatory responsibility in accordance with ardous wastes as specified in Article 9 of this Convention; international law in regard to the protection of human health or the environment; 23. “Dumping at sea” means the deliberate disposal of haz- 46 ardous wastes at sea from vessels, aircraft, platforms or other 35 12. “State of export” means a Party from which a transboundary man-made structures at sea, and includes ocean incineration movement of hazardous wastes is planned to be initiated or is and disposal into the seabed and sub-seabed. initiated;

36 13. “State of import” means a State to which a transboundary Article 2 - Scope of the Convention 47 movement is planned or takes place for the purpose of disposal therein or for the purpose of loading prior to disposal in an area 1. The following substances shall be “hazardous wastes” for 48 not under the national jurisdiction of any State; the purposes of this convention: 37 14. “State of transit” means any State, other than the State (a) Wastes that belong to any category contained in Annex I of 49 of export or import, through which a movement of hazardous this Convention; wastes is planned or takes place; (b) Wastes that are not covered under paragraph (a) above but 50 38 15. “States concerned” means States of export or import, or are defined as, or are considered to be, hazardous wastes by transit states, whether or not Parties; the domestic legislation of the Party of export, import or tran- 39 16. “Person” means any natural or legal person; sit;

40 17. “Exporter” means any person under the jurisdiction of the (c) Wastes which possess any of the characteristics contained 51 State of export who arranges for hazardous wastes to be ex- in Annex II of this Convention; ported; (d) Hazardous substances which have been banned, cancelled 52 41 18. “Importer” means any person under the jurisdiction of the or refused registration by government regulatory action, or vol- State of import who arranges for hazardous wastes to be im- untarily withdrawn from registration in the country of manufac- ported; ture, for human health or environmental reasons.

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53 2. Wastes which, as a result of being radioactive, are subject measures within the area under their jurisdiction to prohibit the to any international control systems, including international in- import of all hazardous wastes, for any reason, into Africa from struments, applying specifically to radioactive materials, are in- non-Contracting Parties. Such import shall be deemed illegal cluded in the scope of this Convention. and a criminal act. All Parties shall:

54 3. Wastes which derive from the normal operations of a ship, (a) Forward as soon as possible, all information relating to such 63 the discharge of which is covered by another international in- illegal hazardous waste import activity to the Secretariat who strument, shall not fall within the scope of this convention. shall distribute the information to all Contracting Parties;

(b) Co-operate to ensure that no imports of hazardous wastes 64 55 Article 3 - National Definitions of Hazardous Wastes from a non-Party enter a Party to this Convention. To this end, the Parties shall, at the Conference of the Contracting 56 1. Each State shall, within six months of becoming a Party to Parties to this Convention, consider other enforcement mecha- this Convention, inform the Secretariat of the Convention of the nisms. wastes, other than those listed in Annex I of this Convention, considered or defined as hazardous under its national legislation and of any requirements concerning transboundary move- 2. Ban on Dumping of Hazardous Wastes at Sea and 65 ment procedures applicable to such wastes. Internal Waters

57 2. Each Party shall subsequently inform the Secretariat of any (a) Parties in conformity with related international conventions 66 significant changes to the information it has provided pursuant and instruments shall, in the exercise of their jurisdiction within to Paragraph 1 of this Article. their internal waters, waterways, territorial seas, exclusive eco-

58 3. The Secretariat shall forthwith inform all Parties of the infor- nomic zones and continental shelf, adopt legal, administrative mation it has received pursuant to paragraphs 1 and 2 of this and other appropriate measures to control all carriers from Article. non-Parties, and prohibit the dumping at sea of hazardous wastes, including their incineration at sea and their disposal in 59 4. Parties shall be responsible for making the information trans- the seabed and sub-seabed; mitted to them by the Secretariat under Paragraph 3 of this Article available to their exporters and other appropriate bod- Any dumping of hazardous wastes at sea, including inciner- 67 ies. ation at sea as well as seabed and sub-seabed disposal, by Contracting Parties, whether in internal waters, waterways, territorial seas, exclusive economic zones or high seas shall be 60 Article 4 - General Obligations deemed to be illegal;

61 1. Hazardous Waste Import Ban (b) Parties shall forward, as soon as possible, all information re- 68 lating to dumping of hazardous wastes to the Secretariat which 62 All Parties shall take appropriate legal, administrative and other shall distribute the information to all Contracting Parties.

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69 3. Waste Generation in Africa Each Party shall: (g) In this respect Parties shall promote clean production meth- 77 ods applicable to entire product life cycles including: o raw ma- 70 (a) Ensure that hazardous waste generators submit to the Sec- terial selection, extraction and processing; o product concep- retariat reports regarding the wastes that they generate in order tualisation, design, manufacture and assemblage; o materials to enable the Secretariat of the Convention to produce a com- transport during all phases; o industrial and household usage; plete hazardous waste audit; o reintroduction of the product into industrial systems or nature when it no longer serves a useful function; 71 (b) Impose strict, unlimited liability as well as joint and several liability on hazardous waste generators; Clean production shall not include “end-of-pipe” pollution con- 78

72 (c) Ensure that the generation of hazardous wastes within the trols such as filters and scrubbers, or chemical, physical or bio- area under its jurisdiction is reduced to a minimum taking into logical treatment. Measures which reduce the volume of waste account social, technological and economic aspects; by incineration or concentration, mask the hazard by dilution, or transfer pollutants from one environmental medium to another, 73 (d) Ensure the availability of adequate treatment and disposal are also excluded; facilities, for the environmentally sound management of haz-

ardous wastes which shall be located, to the extent possible, (h) The issue of preventing the transfer to Africa of polluting 79 within its jurisdiction; technologies shall be kept under systematic review by the Sec- retariat of the Conference and periodic reports shall be made 74 (e) Ensure that persons involved in the management of hazardous wastes within its jurisdiction take such steps as are nec- to the Conference of the Parties; essary to prevent pollution arising from such wastes and, if such Obligations in the Transport and Transboundary Movement of 80 pollution occurs, to minimize the consequence thereof for hu- Hazardous Wastes from Contracting Parties: man health and the environment; (i) Each Party shall prevent the export of hazardous wastes to 81 States which have prohibited by their legislation or international 75 The Adoption of Precautionary Measures: agreement all such imports, or if it has reason to believe that the wastes in question will not be managed in an environmentally 76 (f) Each Party shall strive to adopt and implement the preven- tive, precautionary approach to pollution problems which en- sound manner, according to criteria to be decided on by the tails, inter-alia, preventing the release into the environment of Parties at their first meeting; substances which may cause harm to humans or the environ- (j) A Party shall not permit hazardous wastes to be exported to a 82 ment without waiting for scientific proof regarding such harm. State which does not have the facilities for treating or disposing The Parties shall co-operate with each other in taking the ap- of them in an environmentally sound manner; propriate measures to implement the precautionary principle to pollution prevention through the application of clean production (k) Each Party shall ensure that hazardous wastes to be ex- 83 methods, rather than the pursuit of a permissible emissions ap- ported are managed in an environmentally sound manner in the proach based on assimilative capacity assumptions; State of import and transit. Technical guidelines for the environ-

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mentally sound management of wastes subject to this Conven- (o) Under this Convention, the obligation of States in which haz- 92 tion shall be decided by the Parties at their first meeting; ardous wastes are generated, requiring that those wastes are managed in an environmentally sound manner, may not under 84 (l) The Parties agree not to allow the export of hazardous wastes for disposal within the area South of 60 degrees any circumstances be transferred to the States of import or tran- South Latitude, whether or not such wastes are subject to sit; transboundary movement; (p) Parties shall undertake to review periodically the possibili- 93 85 (m) Furthermore, each Party shall: ties for the reduction of the amount and/or the pollution potential of hazardous wastes which are exported to other States; 86 (i) Prohibit all persons under its national jurisdiction from transporting, storing or disposing of hazardous waste unless (q) Parties exercising their right to prohibit the import of haz- 94 such persons are authorized or allowed to perform such ardous wastes for disposal shall inform the other Parties of their operations; decision pursuant to Article 13 of this Convention; 87 (ii) Ensure that hazardous wastes that are to be the subject of a transboundary movement are packaged, labelled, and trans- (r) Parties shall prohibit or shall not permit the export of haz- 95 ported in conformity with generally accepted and recognized ardous wastes to States which have prohibited the import of international rules and standards in the field of packaging, la- such wastes, when notified by the secretariat or any competent belling, and transport, and that due account is taken of relevant authority pursuant to sub-paragraph (q) above; internationally recognized practices; (s) Parties shall prohibit or shall not permit the export of haz- 96 88 (iii) Ensure that hazardous wastes be accompanied by a move- ardous wastes if the State of import does not consent in writing ment document, containing information specified in Annex IV B, to the specific import, in the case where that State of import has from the point at which a transboundary movement commences not prohibited the import of such wastes; to the point of disposal;

89 (n) Parties shall take the appropriate measures to ensure that (t) Parties shall ensure that the transboundary movement of 97 the transboundary movements of hazardous wastes only are hazardous wastes is reduced to the minimum consistent with allowed if: the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human 90 (i) The State of export does not have the technical capacity and health and the environment against the adverse effects which the necessary facilities, capacity or suitable disposal sites in may result from such movement; order to dispose of the wastes in question in an environmentally sound and efficient manner; or (u) Parties shall require that information about a proposed 98 91 (ii) The transboundary movement in question is in accordance transboundary movement of hazardous wastes be provided with other criteria to be decided by the Parties, provided to the States concerned, according to Annex IV A of this those criteria do not differ from the objectives of this Conven- Convention, and clearly state the potential dangers of the tion; wastes on human health and the environment.

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4. Furthermore 99 3. Inform the Secretariat, within one month of the date of deci- 108 sion, of any changes regarding the designations made by them 100 (a) Parties shall undertake to enforce the obligations of this under paragraph 2 above. Convention against offenders and infringements according to 4. Appoint a national body to act as a Dumpwatch. In such 109 relevant national laws and/or international law; capacity as a Dumpwatch, the designated national body only

101 (b) Nothing in this Convention shall prevent a Party from im- will be required to co-ordinate with the concerned governmental posing additional requirements that are consistent with the pro- and non-governmental bodies. visions of this Convention, and are in accordance with the rules

of international law, in order to better protect human health and Article 6 - Transboundary Movement and Notification 110 the environment; Procedures

102 (c) This Convention recognizes the sovereignty of States over 1. The State of export shall notify, or shall require the gener- 111 their territorial sea, wa-terways, and air space established in ac- ator or exporter to notify, in writing, through the channel of the cordance with international law, and jurisdiction which States competent authority of the State of export, the competent au- have in their exclusive economic zone and their continental thority of the States concerned of any proposed transboundary shelves in ac-cordance with international law, and the exercise movement of hazardous wastes. Such notification shall con- by ships and aircraft of all States of navigation rights and free- tain the declarations and information specified in Annex IV A of doms as provided for in international law and as reflected in this Convention, written in a language acceptable to the State relevant international instruments. of import. Only one notification needs to be sent to each State concerned. 103 Article 5 - Designation of Competent Authorities, Focal 2. The Party of import shall respond to the notifier in writing 112 Point and Dumpwatch consenting to the movement with or without conditions, denying permission for the movement, or requesting additional in- 104 To facilitate the implementation of this Convention, the Parties formation. A copy of the final response of the State of import shall: shall be sent to the competent authorities of the States con-

105 1. Designate or establish one or more competent authorities cerned. and one focal point. 3. The State of export shall not allow the transboundary move- 113

106 One competent authority shall be designated to receive the no- ment until it has received:

tification in case of a State of transit. (a) written consent of the State of import; and 114

107 2. Inform the Secretariat, within three months of the date of (b) from the State of import, written confirmation of the ex- 115 the entry into force of this Convention for them, which agencies istence of a contract between the exporter and the disposer they have designated as their focal point and their competent specifying environmentally sound management of the wastes authorities. in question.

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116 4. Each State of transit which is a Party shall promptly acknowl- of entry and notify the Secretariat to this effect for distribution to edge to the notifier receipt of the notification. It may subse- all Contracting Parties. Such points and ports shall be the only quently respond to the notifier in writing, within 60 days, con- ones permitted for the transboundary movement of hazardous senting to the movement with or without conditions, denying wastes. permission for the movement, or requesting additional infor-

mation. The State of export shall not allow the transboundary 8. The Parties to this Convention shall require that each person 123 movement to commence until it has received the written con- who takes charge of a transboundary movement of hazardous sent of the State of transit. wastes sign the movement document either upon delivery or receipt of the wastes in question. They shall also require that 117 5. In the case of a transboundary movement of hazardous wastes where the wastes are legally defined as or considered the disposer inform both the exporter and the competent authority of the State of export of receipt by the disposer of the to be hazardous wastes only: wastes in question and, in due course, of the completion of dis- 118 (a) By the State of export, the requirements of paragraph 8 of posal as specified in the notification. If no such information is this Article that apply to the importer or disposer and the State received within the State of export, the competent authority of of import shall apply mutatis mutandis to the exporter and State the State of export or the exporter shall so notify the State of of export, respectively; import.

119 (b) By the Party of import, or by the States of import and transit which are Parties, the requirements of paragraphs 1,3, 4 and 6 9. The notification and response required by this Article shall be 124 of this Article that apply to the exporter and State of export shall transmitted to the competent authority of the States concerned apply mutatis mutandis to the importer or disposer and Party of or to such governmental authority as may be appropriate in the import, respectively; or case of nonParties.

120 (c) By any State of transit which is a Party to this Convention, 10. Any transboundary movement of hazardous wastes shall 125 the provisions of paragraph 4 of this Article shall apply to such be covered by insurance, bond or other guarantee as may be State. required by the State of import or any State of transit.

121 6. The State of export shall use a shipment specific notification even where hazardous wastes having the same physical and chemical characteristics are shipped regularly to the same Article 7 - Transboundary Movement from a Party through 126 disposer via the same customs office of entry of the State of im- States which are not Parties port, and in the case of transit, via the same customs office of entry and exit of the State or States of transit; specific notifica- Paragraph 2 and 4 of Article 6 of this Convention shall apply 127 tion of each and every shipment shall be required and contain mutatis mutandis to transboundary movements of hazardous the information in Annex IV A of this Convention. wastes from a Party through a State or States which are not 122 7. Each Party to this Convention shall limit their points or ports Parties.

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Article 8 - Duty to Re-import 128 imposing criminal penalties on all persons who have planned, committed, or assisted in such illegal imports. Such penalties 129 When a transboundary movement of hazardous wastes to shall be sufficiently high to both punish and deter such con- which the consent of the States concerned has been given, duct. subject to the provisions of this Convention, cannot be com- 3. In case of a transboundary movement of hazardous wastes 138 pleted in accordance with the terms of the contract, the State deemed to be illegal traffic as the result of conduct on the part of of export shall ensure that the wastes in question are taken the exporter or generator, the State of export shall ensure that back into the State of export, by the exporter, if alternative the wastes in question are taken back by the exporter or gen- arrangements cannot be made for their disposal in an environ- erator or if necessary by itself into the State of export, within 30 mentally sound manner within a maximum of 90 days from the days from the time the State of export has been informed about time that the importing State informed the State of export and the illegal traffic. To this end the Parties concerned shall not op- the Secretariat. To this end, the State of export and any Party pose, hinder or prevent the return of those wastes to the State of transit shall not oppose, hinder or prevent the return of those of export and appropriate legal action shall be taken against the wastes to the State of export. contravener(s).

4. In the case of a transboundary movement of hazardous 139 130 Article 9 - Illegal traffic wastes deemed to be illegal traffic as the result of conduct on the, part of the importer or disposer, the Party of import 131 1. For the purpose of this Convention, any transboundary shall ensure that the wastes in question are returned to the ex- movement of hazardous wastes under the following situations porter by the importer and that legal proceedings according to shall be deemed to be illegal traffic: the provisions of this Convention are taken against the contra- 132 (a) if carried out without notification, pursuant to the provisions vener(s). of this Convention, to all States concerned; or

133 (b) if carried out without the consent, pursuant to the provisions Article 10 - Intra-African Co-operation 140 of this Convention, of a State concerned; or 1. The Parties to this Convention shall co-operate with one an- 141 134 (c) if consent is obtained from States concerned through falsifi- other and with relevant African organizations, to improve and cation, misrepresentation or fraud; or achieve the environmentally sound management of hazardous 135 (d) if it does not conform in a material way with the documents; wastes. or 2. To this end, the Parties shall: 142 136 (e) if it results in deliberate disposal of hazardous wastes in (a) Make available information, whether on a bilateral or 143 contravention of this Convention and of general principles of multilateral basis, with a view to promoting clean production international law. methods and the environmentally sound management of haz- 137 2. Each Party shall introduce appropriate national legislation for ardous wastes, including harmonization of technical standards

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and practices for the adequate management of hazardous the transboundary movement and management of hazardous wastes; wastes generated in Africa with Parties or non-Parties provided that such agreements or arrangements do not derogate 144 (b) Co-operate in monitoring the effects of the management from the environmentally sound management of hazardous of hazardous wastes on human health and the environ- wastes as required by this Convention. These agreements ment; or arrangements shall stipulate provisions which are no 145 (c) Co-operate, subject to their national laws, regulations and less environmentally sound than those provided for by this policies, in the development and implementation of new envi- Convention. ronmentally sound clean production technologies and the im- provement of existing technologies with a view to eliminating, 2. Parties shall notify the Secretariat of any bilateral, multi- 151 as far as practicable, the generation of hazardous wastes and lateral or regional agreements or arrangements referred to in achieving more effective and efficient methods of ensuring their paragraph I of this Article and those which they have entered management in an environmentally sound manner, including into prior to the entry into force of this Convention for them, for the study of the economic, social and environmental effects of the purpose of controlling transboundary movements of haz- the adoption of such new and improved technologies; ardous wastes which take place entirely among the Parties to such agreements. The provisions of this Convention shall not 146 (d) Co-operate actively, subject to their national laws, regu- affect transboundary movements of hazardous wastes gener- lations and policies, in the transfer of technology and man- ated in Africa which take place pursuant to such agreements agement systems related to the environmentally sound man- provided that such agreements are compatible with the environ- agement of hazardous wastes. They shall also co-operate in mentally sound management of hazardous wastes as required developing the technical capacity among Parties, especially by this Convention. those which may need and request technical assistance in this field; 3. Each Contracting Party shall prohibit vessels flying its flag 152 147 (e) Co-operate in developing appropriate technical guidelines or aircraft registered in its territory from carrying out activities in and/or codes of practice; contravention of this Convention.

148 (f) Co-operate in the exchange and dissemination of information 4. Parties shall use appropriate measures to promote 153 on the movement of hazardous wastes in conformity with Article South-South co-operation in the implementation of this 13 of this Convention. Convention.

149 Article 11 - International Co-operation: Bilateral, 5. Taking into account the needs of developing countries, co- 154 Multilateral and Regional Agreements operation between international organizations is encouraged in order to promote, among other things, public.awareness, the 150 1. Parties to this Convention may enter into bilateral, mul- development of rational management of hazardous waste, and tilateral, or regional agreements or arrangements regarding the adoption of new and non/less polluting technologies.

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Article 12 - Liabilities and Compensation 155 of each calendar year, in a report on the previous calendar year, containing the following information:

156 The Conference of Parties shall set up an Ad Hoc expert or- (a) Competent authorities, Dumpwatch, and focal points that 165 gan to prepare a draft Protocol setting out appropriate rules and have been designated by them pursuant to Article 5 of this Con- procedures in the field of liabilities and compensation for dam- vention; age resulting from the transboundary movement of hazardous wastes. (b) Information regarding transboundary movements of 166 hazardous wastes in which they have been involved, including: 157 Article 13 - Transmission of Information (i) The quantity of hazardous wastes exported, their category, 167 characteristics, destination, any transit country and disposal 158 1. The Parties shall ensure that in the case of an accident occurring during the transboundary movement of hazardous method as stated on the notification;

wastes or their disposal which is likely to present risks to hu- (ii) The amount of hazardous wastes imported, their category, 168 man health and the environment in other States, those States characteristics, origin, and disposal methods; are immediately informed. (iii) Disposals which did not proceed as intended; 169 159 2. The States shall inform each other, through the Secretariat, (iv) Efforts to achieve a reduction of the amount of hazardous 170 of: wastes subject to transboundary movement;

160 (a) Changes regarding the designation of competent authori- (c) Information on the measures adopted by them in the imple- 171 ties and/or focal points, pursuant to Article 5 of this Conven- mentation of this Convention; tion; (d) Information on available qualified statistics which have been 172 161 (b) Changes in their national definition of hazardous wastes, compiled by them on the effects on human health and the envi- pursuant to Article 3 of this Convention; ronment of the generation, transportation, and disposal of haz-

162 (c) Decisions made by them to limit or ban the import of hazardous wastes as part of the information required in conformity ardous wastes; with Article 4 Section 3(a) of this Convention;

(e) Information concerning bilateral, multilateral and regional 173 163 (d) Any other information required pursuant to paragraph 4 of this Article. agreements and arrangements entered into pursuant to Article 11 of this Convention; 164 3. The Parties, consistent with national laws and regulations, (f) Information on accidents occurring during the transboundary 174 shall set up information collection and dissemination mecha- movements, treatment and disposal of hazardous wastes and nisms on hazardous wastes. They shall transmit such informa- on the measures undertaken to deal with them; tion through the Secretariat, to the Conference of the Parties established under Article 15 of this Convention, before the end (g) Information on treatment and disposal options operated 175

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within the area under their national jurisdiction; Article 15 - Conference of the Parties 184

176 (h) Information on measures undertaken for the development 1. A Conference of the Parties is hereby established. The first 185 of clean production methods, including clean production tech- meeting of the Conference of the Parties shall be convened nologies, for the reduction and/or elimination of the production by the Secretary-General of the OAU not later than.one year of hazardous wastes; and after the entry into force of this Convention. Thereafter, ordi- nary meetings of the Conference of the Parties shall be held at 177 (i) Such other matters as the Conference of the Parties shall deem relevant. regular intervals to be determined by the Conference at its first meeting. 178 4. The Parties, consistent with national laws and regulations, 2. The Conference of the Parties shall adopt Rules of Proce- 186 shall ensure that copies of each notification concerning any dure for itself and for any subsidiary body it may establish, as given transboundary movement of hazardous wastes, and the well as financial rules to determine in particular the financial response to it, are sent to the Secretariat. participation of the Parties to this Convention.

3. The Parties at their first meeting shall consider any additional 187 179 Article 14 - Financial Aspects measures needed to assist them in fulfilling their responsibilities with respect to the protection and the preservation of the 180 1. The regular budget of the Conference of Parties, as required marine and inland waters environments in the context of this in Article 15 and 16 of this Convention, shall be prepared by the Convention. Secretariat and approved by the Conference. 4. The Conference of the Parties shall keep under continuous 188 181 2. Parties shall, at the first meeting of the Conference of the review and evaluation the effective implementation of this Con- Parties, agree on a scale of contributions to the recurrent bud- vention, and in addition, shall: get of the Secretariat. (a) promote the harmonization of appropriate policies, strate- 189

182 3. The Parties shall also consider the establishment of a revolv- gies and measures for minimizing harm to human health and ing fund to assist on an interim basis in case of emergency sit- the environment by hazardous wastes;

uations to minimize damage from disasters or accidents arising (b) consider and adopt, as required, amendments to this Con- 190 from transboundary movements of hazardous wastes or during vention and its annexes, taking into consideration, inter alia, the disposal of such wastes. available scientific, technical, economic and environmental information; 183 4. The Parties agree that, according to the specific needs of different regions and sub-regions, regional or sub-regional cen- (c) consider and undertake any additional action that may be 191 tres for training and technology transfers regarding the man- required for the achievement of the purpose of this Convention agement of hazardous wastes and the minimization of their in the light of experience gained in its operation and in the oper- generation should be established, as well as appropriate fund- ation of the agreements and arrangements envisaged in Article ing mechanisms of a voluntary nature. 11 of this Convention;

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192 (d) consider and adopt protocols as required; and contractual arrangements as may be required for the effective discharge of its functions; 193 (e) establish such subsidiary bodies as are deemed necessary

for the implementation of this Convention; and (e) To communicate with focal points, competent authorities 202 and Dumpwatch established by the Parties in accordance 194 (f) make decisions for the peaceful settlement of disputes arising from the transboundary movement of hazardous wastes, if with Article 5 of this Convention as well as appropriate need be, according to international law. inter-governmental and non-governmental organizations which may provide assistance in the implementation of this 195 5. Organizations may be represented as observers at meetings Convention; of the Conference of the Parties. Any body or agency, whether national or international, governmental or non-governmental, (f) To compile information concerning approved national sites 203 qualified in fields relating to hazardous wastes which has in- and facilities of Parties available for the disposal of their haz- formed the Secretariat, may be represented as an observer at ardous wastes and to circulate this information; a meeting of the Conference of the Parties. The admission and (g) To receive and convey information from and to Parties on: o 204 participation of observers shall be subject to the rules of proce- sources of technical assistance and training; o available techni- dure adopted by the Conference of the Parties. cal and scientific know-how; o sources of advice and expertise; and availability of resources;

196 Article 16 - Secretariat With a view to assisting them in such areas as: o the handling of 205 the notification system of this Convention; o the management of 197 1. The functions of the Secretariat shall be: hazardous wastes; o environmentally sound clean production

198 (a) To arrange for, and service, meetings provided for in Article methods relating to hazardous wastes, such as clean produc- 15 and 17 of this Convention; tion technologies; o the assessment of disposal capabilities and sites; o the monitoring of hazardous wastes; and o emergency 199 (b) To prepare and transmit reports based upon information re- responses; ceived in accordance with Articles 3, 4, 6, 11, and 13 of this Con- vention as well as upon information derived.from meetings of (h) To provide Parties to this Convention with information on 206 subsidiary bodies established under Article 15 of this Conven- consultants or consulting firms having the necessary technical tion as well as upon, as appropriate, information provided by rel- competence in the field, which can assist them with examining a evant inter-governmental and non-governmental entities; notification for a transboundary movement, the concurrence of a shipment of hazardous wastes with the relevant notification, 200 (c) To prepare reports on its activities carried out in the imple- and/or whether the proposed disposal facilities for hazardous mentation of its functions under this Convention and present wastes are environmentally sound, when they have reason to them to the Conference of the Parties; believe that the wastes in question will not be managed in an 201 (d) To ensure the necessary co-ordination with relevant interna- environmentally sound manner. Any such examinations would tional bodies, and in particular to enter into such administrative not be at the expense of the Secretariat;

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207 (i) To assist Parties to this Convention in their identification of in question. The text of any proposed amendment to this Con- cases of illegal traffic and to circulate immediately to the Par- vention or to any Protocol, except as may otherwise be provided ties concerned any information it has received regarding illegal in such Protocol, shall be communicated to the Parties by the traffic; Secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate 208 (j) To co-operate with Parties to this Convention and with rele- proposed amendments to the Signatories to this Convention for vant and competent international organizations and agencies in their information. the provision of experts and equipment for the purpose of rapid assistance to States in the event of an emergency situation; 3. The Parties shall make every effort to reach agreement 214 and on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no 209 (k) To perform such other functions relevant to the purposes of agreement reached, the amendment shall, as a last resort, be this Convention as may be determined by the Conference of adopted by a two-thirds majority vote of the Parties present and the Parties. voting at the meeting, and shall be submitted by the Depository 210 2. The Secretariat's functions will be carried out on an interim to all Parties for ratification, approval, formal confirmation or ac- basis by the OAU jointly with the United Nations Economic ceptance. Commission for Africa (ECA) until the completion of the first meeting of the Conference of the Parties held pursuant to Ar- Amendment of Protocols to this Convention 215 ticle 15 of this Convention. At this meeting, the Conference of the Parties shall also evaluate the implementation by the in- 4. The procedure specified in paragraph 3 above shall apply to 216 terim Secretariat of the functions assigned to it, in particular amendments to any protocol, except that a twothirds majority under paragraph 1 above, and decide upon the structures ap- of the Parties to that Protocol present and voting at the meeting propriate for those functions. shall suffice for their adoption.

211 Article 17 - Amendment of the Convention and of General Provisions 217 Protocols

5. Instruments of ratification, approval, formal confirmation or 218 212 1. Any Party may propose amendments to this Convention and acceptance of amendments shall be deposited with the Depos- any Party to a Protocol may propose amendments to that Pro- itory. Amendments adopted in accordance with paragraph 3 or tocol. Such amendments shall take due account, inter alia, of 4 above shall enter into force between Parties having accepted relevant scientific, technical, environmental and social consid- them, on the ninetieth day after the receipt by the Depository of erations. the instrument of ratification, approval, formal confirmation or 213 2. Amendments to this Convention shall be adopted at a meet- acceptance by at least two-thirds of the Parties who accepted ing of the Conference of the Parties. Amendments to any Pro- the amendments to the Protocol concerned, except as may oth- tocol shall be adopted at a meeting of the Parties to the Protocol erwise be provided in such Protocol. The amendments shall

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enter into force for any other Party on the ninetieth day after lation of the communication by the Depository, the annex shall that Party deposits its instrument of ratification, approval, for- become effective for all Parties to this Convention or to any Pro- mal confirmation or acceptance of the amendments. tocol concerned, which have not submitted a notification in accordance with the provision of sub-paragraph (b) above. 219 6. For the purpose of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative 3. The proposal, adoption and entry into force of amendments 226 vote. to annexes to this Convention or to any Protocol shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Convention or annexes to 220 Article 18 - Adoption and Amendment of Annexes a Protocol. Annexes and amendments thereto shall take due account, inter alia, of relevant scientific and technical consider- 221 1. The annexes to this Convention or to any Protocol shall ations. form an integral part of this Convention or of such Protocol, as the case may be and, unless expressly provided otherwise, a 4. If an additional annex or an amendment to an annex involves 227 reference to this convention or its Protocols constitutes at the an amendment to this Convention or to any Protocol, the addi- same time a reference to any annexes thereto. Such annexes tional annex or amended annex shall not enter into force until shall be restricted to scientific, technical and administrative mat- such time as the amendment to this Convention or to the Pro- ters, tocol enters into force.

222 2. Except as may be otherwise provided in any Protocol with respect to its annexes, the following procedures shall apply to the Article 19 - Verification 228 proposal, adoption and entry into force of additional annexes to this Convention or of annexes to a protocol: Any Party which has reason to believe that another Party is 229 acting or has acted in breach of its obligations under this Con- 223 (a) Annexes to this Convention and its Protocols shall be pro- vention must inform the Secretariat thereof, and in such an posed and adopted according to the procedure laid down in event, shall simultaneously and immediately inform, directly or Article 17, paragraphs 1, 2, 3, and 4 of this Convention; through the Secretariat, the Party against whom the allegations 224 (b) Any Party that is unable to accept an additional annex to are made. The Secretariat shall carry out a verification, of the this Convention or an annex to any Protocol to which it is Party substance of the allegation and submit a report thereof to all the shall so notify the Depository, in writing, within six months from Parties to this Convention. the date of the communication of the adoption by the Deposi- tory. The Depository shall without delay notify all Parties of any Article 20 - Settlement of Disputes 230 such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the 1. In case of dispute between Parties as to the interpretation or 231 annexes shall thereupon enter into force for that Party. application of, or compliance with, this Convention or any Pro- 225 (c) Upon the expiration of six months from the data of the circu- tocol thereto, the Parties shall seek a settlement of the dispute

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through negotiations or any other peaceful means of their own Article 24 - Right to Vote 241 choice. Each Contracting Party to this Convention shall have one 242 232 2. If the Parties concerned cannot settle their dispute as pro- vote. vided in paragraph 1 of this Article, the dispute shall be submitted either to an Ad Hoc organ set up by the Conference for this purpose, or to the International Court of Justice. Article 25 - Entry into Force 243

233 3. The conduct of arbitration of disputes between Parties by the 1. This Convention shall enter into force on the ninetieth day 244 Ad Hoc organ provided for in paragraph 2 of this Article shall be after the date of deposit of the tenth instrument of ratification as provided in Annex V of this Convention. from Parties signatory to this Convention.

2. For each State which ratifies this Convention or accedes 245 234 Article 21 - Signature thereto after the date of the deposit of the tenth instrument of ratification, it shall enter into force on the ninetieth day after the 235 This Convention shall be open for signature by Member States date of deposit by such State of its instrument of accession or of the OAU for a period of six months from 30 January 1991 to ratification. 30 July 1991.

Article 26 - Reservations and Declarations 246 236 Article 22 - Ratification, Acceptance, Formal Confirmation

or Approval 1. No reservations or exception may be made to this Conven- 247 tion. 237 1. This Convention shall be subject to ratification, acceptance, formal confirmation, or approval by Member States of the OAU. 2. Paragraph I of this Article does not preclude a State when 248 Instruments of ratification, acceptance, formal confirmation, or signing, ratifying or acceding to this Convention, from making approval shall be deposited with the Depository. declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regula- 238 2. Parties shall be bound by all obligations of this Conven- tions with the provisions of this Convention, provided that such tion. declarations or statements do not purport to exclude or to mod- ify the legal effects of the provisions of the Convention in their application to that State. 239 Article 23 - Accession

240 This Convention shall be open for accession by Member States Article 27 - Withdrawal 249 of the OAU from the day after the date on which the Convention is closed for signature. The instruments of accession shall be 1. At any time after three years from the date on which this 250 deposited with the Depository. Convention has entered into force for a Party, that Party may

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withdraw from the Convention by giving written notification to the Depository.

251 2. Withdrawal shall be effective one year after receipt of notification by the Depository, or on such later date as may be specified in the notification.

252 Article 28 - Depository

253 The Secretary-General of the Organization of African Unity shall be the Depository for this Convention and of any Protocol thereto.

254 Article 29 - Registration

255 This Convention, as soon as it enters into force, shall be registered with the Secretary-General of the United Nations (UN) in conformity with Article 102 of the Charter of the UN.

256 Article 30 - Authentic Texts

257 The Arabic, English, French and Portuguese texts of this Con- vention are equally authentic.

258 IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

259 Adopted in Bamako, Mali, on 29 January 1991.

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Document Manifest @: ‹http://www.jus.uio.no/lm/hazardous.waste.ban.african.import.bamako. convention.1991/sisu_manifest.html› Title: Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991) Creator: Organization of African Unity Rights: Copyright (C) 1991 Organization of African Unity Publisher: SiSU ‹http://www.jus.uio.no/sisu› (this copy) Date: 1991 Topics Registered: Organization of African Unity;environmental law:convention:- hazardous waste;transport:hazardous waste;shipping:hazardous waste

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