The Bamako Convention is a response to article 11 of the Basel Convention, which encourages Parties to conclude bilateral, multilateral and regional agreements on hazardous wastes in order to contribute to the achievement of the objectives of the Convention. Lobbying at the Basel Conference in 1995 by LDCs, Greenpeace and several European countries such as Denmark led to the adoption of an amendment to the Convention known as the Basel Amendment to the Basel Convention in 1995. The amendment was adopted by 86 countries[7] and the European Union, but did not enter into force (as this requires ratification by three-quarters of the Member States of the Convention). On 6 September 2019, Croatia became the 97th country to ratify the amendment, which will enter into force after 90 days on 5 December 2019. The amendment prohibits the export of hazardous wastes from a list of developed countries (mainly OECD countries) to developing countries. The Basel ban applies to exports for all reasons, including recycling. One area that drew special attention to the proponents of change was the sale of ships for rescue, for shipbreaking. The ban change has been vigorously opposed by a number of industry groups, as well as countries such as Australia and Canada. The number of ratifications for the entry into force of the prohibition amendment is currently under discussion: amendments to the Convention will enter into force after ratification by “three quarters of the Contracting Parties that have adopted them” (art.
17.5]; To date, the Parties to the Basel Convention have not been able to agree on whether this would be three-quarters of the Parties to the Basel Convention at the time of the adoption of the ban or three-quarters of the current Parties to the Convention [see Report on COP 9 of the Basel Convention]. The status of ratifications of amendments is available on the website of the Basel Secretariat. [8] The European Union has fully implemented the Basel ban in its Waste Shipment Regulation (EWSR) and made it legally binding in all EU Member States. Norway and Switzerland have also fully implemented the Basel ban in their legislation. The Conference of the Parties (COP), the policy-making body for the Convention, has set itself three objectives: (1) to reduce the generation of hazardous wastes and promote appropriate disposal, (2) to restrict transboundary trade in wastes, and (3) to establish a regulatory system for cases where transboundary wastes are permitted. The Convention describes the obligations of Parties with respect to many different forms of waste: toxic, toxic, explosive, flammable and other. The Basel Convention unifies the overall management of toxic imports in order to establish a process for their disposal in an environmentally sound manner. The Basel Convention aims to regulate trade in hazardous wastes, but not to stop transboundary movements of toxic materials. Therefore, international critics claimed that the convention was not up to the task. Nevertheless, the Basel Convention remains the only legally binding global instrument to protect human health and the environment by controlling shipments of toxic wastes. In order to improve the effectiveness and accountability of the Basel Convention, the Treaty established the Conference of the Parties in accordance with article 15 and the Secretariat in accordance with article 16. Within the framework of UNEP, the Secretariat provides logistical support for the implementation of the Basel Convention.
In addition to policy development, the Conference of the Parties is also the convening body for meetings at which Parties review the implementation of the Convention and introduce new amendments. Contracting Parties to the Convention must comply with the import prohibitions of other Contracting Parties. In addition to the above-mentioned conditions for the import and export of waste, there are strict requirements for notification, consent and monitoring of transboundary waste shipments. It should be noted that the Convention provides for a general ban on the export or import of wastes between Contracting And Non-Contracting Parties. The exception to this rule is if the wastes are subject to another treaty that does not deviate from the Basel Convention. The United States is a notable non-party to the Convention and has entered into a number of such agreements on the authorization of the shipment of hazardous wastes to Basel Party countries. The Bamako Convention is a treaty of African nations that prohibits the import of hazardous waste (including radioactive waste) into Africa. The Convention entered into force in 1998.
The Basel Convention aims to protect the environment by taking measures to control and regulate the management of hazardous and other wastes. Negotiations for the Convention began in the late 1980s under the auspices of the United Nations Environment Programme (UNEP). The Bamako Convention uses a format and language similar to those of the Basel Convention, except that (a) it prohibits the import of hazardous wastes much more strongly and (b) does not provide exemptions for certain hazardous wastes (such as those for radioactive substances) from the Basel Convention. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, generally known as the Basel Convention, is an international treaty that aims to reduce shipments of hazardous wastes between countries and, in particular, to prevent shipments of hazardous wastes from developed to less developed countries (LDCs). However, it does not deal with shipments of radioactive waste. The Convention also aims to minimize the quantity and toxicity of wastes generated, to ensure environmentally sound management as close as possible to the source of production and to support least developed countries in the environmentally sound management of hazardous and other wastes generated by them. The Basel Convention depends on the political orientation of countries towards the broader objectives of the Convention, as well as on the capacity of countries to implement relevant policies that would help them achieve the objectives of the Basel Convention. While the Basel Convention is a step in the right direction, particularly with regard to coordination among signatories, the fact that member States themselves have to implement elements of the Convention reduces its overall effectiveness.