Reasons on why a problem of transboundary movements of hazardous wastes still prevail

 QN. 2

INTRODUCTION

Despite the fact that there are several international instruments which prohibits transboundary movements of hazardous wastes in African countries, the problem of importation of hazardous wastes from developed to less developed countries in Africa and transboundary movements of hazardous wastes still prevail. The international conventions such as Bamako[6] and Basel Convention[7] proved failure to end the problem. Still African countries receive hazardous wastes from developed countries and the environment suffers the consequences of such chemical wastes. Take an example of Abidjan, a major metropolitan city in the West African state of Côte d’Ivoire, which was turned to a dumping zone by developed countries where hazardous wastes comprising a blend of caustic soda, fuel, and hydrogen sulphide were dumped to several parts of the city, a total of five hundred tons. This event raised civil movements against wrongdoers or causers of the spread of those hazardous waste which led to legal claim where the government of Côte d’Ivoire and victims of the dumped hazardous wastes were paid compensation.[8]

There is a number of reasons which weakens the international program on prohibiting movements of hazardous wastes as follows;

REASONS ON WHY A PROBLEM OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES STILL PREVAIL

Less sophisticated technology and devices to detect and handle hazardous wastes at borders. Most of African countries suffers poor economy which also affects technology and other aspects of life. Despite the fact that there are international instruments which prohibits transportation and importation of hazardous waste in African countries, the country themselves lack technology, skilled personnel and equipment to detect and handle hazardous wastes right away before being allowed to cross the border. In most African countries, hazardous are imported through ports and allowed by government officials without being even detected as there is no devices to recognize such kind of wastes. Few skilled personnel on chemicals industry is another factor which hinder the implementation of programs against transboundary hazardous wastes.[9]

The disposal of industrial wastes involves very high costs. The expenses of waste disposition in the producing countries is too high. Likewise, the dispositions standards are high in developed countries that’s why many producers of chemical industrial wastes prefer Africa as a dumping zone so as to control expenses. The standards of wastes disposition in Africa are unregulated and less monitored hence it is an attraction to developed countries to see Africa as an opportunity to reduce costs of wastes disposition. The conventions only are not enough to curb the problem of cross boarder hazardous movements of wastes, the foreign states need to reduce and control expenses on wastes disposition so as to attract producers to recycle and handle their wastes in their areas of production and not to dump it to African countries.[10]

Municipal laws unconformity to the international laws. International instruments cannot automatically function or have impact on municipal laws unless a particular country signs and ratify a convention or adopt international laws to municipal laws or statutes. Most African countries have weak or not at all domestic legal framework which govern trafficking of hazardous wastes hence it become very difficult to control the crimes as there is no laws which establish those offences in domestic level. To empower international laws (Bamako and Basel conventions), African counties must sign and ratify the conventions and adopt the entire convention in their domestic laws so as international law can have force in domestic level.

CONCLUSION

The conventions only are not enough to curb the problem, the African countries muss introduce policies concerning hazardous wastes and to make legislations which actually establish departments and organs special to handle hazardous wastes spread. The international community must prevent exportation of hazardous wastes from their home countries to African countries, also the standards of wastes dispositions must be reduced so as to allow producers of wastes to be able to dispose them without looking foreign countries to dump those wastes.

REFERENCE

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

The Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel,1989.

BRILL, “The Ineffectiveness and Inadequacies of International Instruments in Combatting and Ending the Transboundary Movement of Hazardous Wastes and Environmental Degradation in Africa”, https://brill.com/view/journals/ajls/9/4/article-p235_2.xml?language=en (accessed 25/02/2022).

UNEP, “The Bamako convention”, https://www.unep.org/explore-topics/environmental-rights-and-governance/what-we-do/meeting-international-environmental (accessed 25/02/2022).

Russell H. Shearer, “comparative analysis of the Basel and Bamako convention on hazardous waste” Environmental Law Vol. 23, No. 1 (1993), pp. 141-183 (43 pages) Published By: Lewis & Clark Law School.

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[1] ADA, “International Environmental Law: History and milestones”, https://aida-americas.org/en/blog/international-environmental-law-history-and-milestones (accessed 25/02/2022).

[2] Article 1, 4 & 6 of The Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel, 1989.

[3] Article 2 of The Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985.

[4] Article 2 of The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention), London, 1972.

[5] Article 2(4) of The Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES), Washington, DC, 1973.

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

[7] The Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel,1989.

[8] BRILL, “The Ineffectiveness and Inadequacies of International Instruments in Combatting and Ending the Transboundary Movement of Hazardous Wastes and Environmental Degradation in Africa”, https://brill.com/view/journals/ajls/9/4/article-p235_2.xml?language=en (accessed 25/02/2022)

[9] UNEP, “The Bamako convention”, https://www.unep.org/explore-topics/environmental-rights-and-governance/what-we-do/meeting-international-environmental (accessed 25/02/2022).

[10] Russell H. Shearer, “comparative analysis of the Basel and Bamako convention on hazardous waste” Environmental Law Vol. 23, No. 1 (1993), pp. 141-183 (43 pages) Published By: Lewis & Clark Law School