The Vanishing e-Wastes of the PhilippinesA Report by Ban Toxics

June 2011

Authors: Richard Gutierrez Gabrielle Agarrado Researchers:

Cherry Anne OracionRey PalacioJun FelixThony DizonAileen LuceroGie RelovaKris PeraltaIori EspirituJoel EscandorTotoy Quijano

AcknowledgementsTo the Communities of Pier 18 (especially Ka Louie and Family)Paradise Heights, Manila and Dreamland CaviteFoundation for the Philippine EnvironmentEcoWaste CoalitionGlobal Alliance for Incinerator AlternativesHealth Care Without Harm Southeast AsiaGreenpeace Philippines Mother Earth FoundationBasel Action Network

Photo CreditsImages by Ban Toxics!

SupportThis report was prepared with the support of the EcoWaste Coalition BOEXJUImOBODJBMGVOEJOHGSPNUIF'PVOEBUJPOGPSUIF1IJMJQQJOFEnvironment and the Basel Action Network.

DisclaimerThe study has been researched and prepared by Ban Toxics! with all reasonable care and due diligence. The study does not necessarily SFnFDUUIFWJFXTPGUIF'PVOEBUJPOGPS1IJMJQQJOF&OWJSPONFOUBOEUIFauthor is entirely responsible for its accuracy. Any third party who rely on information contained in this report, or their own interpretation thereof, do so at their own risk.

For more information visit: www.bantoxics.org http://ecowastecoalition.blogspot.com

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3Executive Summary Electronic waste or e-Waste is a crisis borne by volume and toxicity. A 2005 study on the current and future quantity of e-waste in the Philippines estimates that ap-proximately 2.7 million units of televisions, refrigerators, air conditioners, washing machines and radios became obsolete by the end of 2005, with around 1.8 million units JRLQJWRODQGOOV)URPWRDSSUR[LPDWHO\25 million units became obsolete, with an additional 14 million units projected to follow the same route by 2010. E-waste generation becomes more pronounced in devel-oped countries.

,QWHUPVRIWR[LFLW\VWXGLHVKDYHUPO\HVWDEOLVKHGWKHtoxic constituents of e-waste from lead, cadmium, mer-cury, hexavalent chromium, several forms of brominated DPHUHWDUGDQWVMXVWWRQDPHDIHZ7KHWR[LFLW\RIthese substances affects both humans and wildlife and the persistence of some of these toxins in the environ-ment make them even more dangerous.

E-wastes in the Philippines come from two sources: lo-cally generated and foreign e-wastes. Locally generated e-waste comes from new products that are distributed in the local market that are eventually are eventually GLVSRVHGRIE\FRQVXPHUV)RUHLJQJHQHUDWHGHZDVWHcomprise of two distinct categories:End-of-life products or products that have been disposed of at the country of export and e-waste per se.

7KHVWXG\XQFRYHUHGWKDWVKLSPHQWVRIXQXVHGHOHF-WURQLFVDUHRIWHQXQFODVVLHGDQGERXJKWE\PHUFKDQWVwithout knowing fully well the status of the electronic HTXLSPHQWLQWKHVKLSPHQW%DQ7R[LFVLQYHVWLJDWLRQrevealed that as much as 50% of the shipment at times contains e-waste.

When these materials enter the country or are disposed RIWKHUHLVDQHIFLHQWV\VWHPWKDWUHWULHYHVWKHHZDVWHfor processing and recycling. Informal waste pickers play a great role in segregating and manually separating these wastes. Unfortunately, some practices at this level are environmentally unsound that it exposes both waste pickers and the community to the toxicity in e-wastes.

Open burning of PVC coated plastics, breaking and GXPSLQJRIOHDGHG&57JODVVXVHRIWR[LFDFLGVRQprinted circuit boards, and the cutting and shredding of SODVWLFVFRDWHGZLWK%)5VDUHVRPHRIWKHKLJKO\HJUH-JLRXVSUDFWLFHVWKDW%7GRFXPHQWHGLQWKHFRXUVHRIWKHstudy.

Exacerbating the situation is the widespread poverty that holds the waste pickers and pushes them to search IRUUHF\FODEOHPDWHULDOVDPLGVWWKHWR[LQV7KHUHLVDQexpected increase in the informal recycling of e-waste as commodity prices such as gold continue to rise, as well as the poverty level. In addition to these challenges the continued rise in e-waste generation and export from de-veloped countries puts developing countries, such as the Philippines in a precarious situation wherein they have become e-waste processors for foreign e-wastes.

In its role as a re-processing facility unrecyclable and toxic residuals are ultimately left behind in the Philip-pines. Effective international intervention in the form of toxic waste trade bans is needed. Without effective inter-national action to stem e-waste and toxic waste trade the burgeoning problem of e-waste management will greatly fall on developing countries.

In addition to this step there are other steps that we as a society can take to address e-waste:

4Solutions at the Individual/Community

1. Consumer Research. Consumers must purchase wisely. Know which companies produce safe and environmentally sustainable electronic gadgets. Visit websites such as those set up by Greenpeace par-ticularly their Guide to Greener Electronics, a guide that ranks the top electronics manufacturers accord-ing to their policies on toxics, recycling, and climate FKDQJH7KHJXLGHLVDYDLODEOHDWKWWSZZZJUHHQ-SHDFHRUJLQWHUQDWLRQDOFDPSDLJQVWR[LFVHOHFWURQLFVKRZWKHFRPSDQLHVOLQHXS

2. Purchase electronics that have the RoHS and :(((ORJRV7KLVPHDQVWKDWWKHHTXLSPHQWFRP-SOLHVZLWKWKH(XURSHDQ8QLRQV5HVWULFWLRQRI+D]-ardous Substances directive, which means these do not contain mercury, lead, cadmium, chromium, poly-brominated biphenyls, and polybrominated biphenyl ethers common toxins found in electronic gadgets.

%X\HQHUJ\HIFLHQWHOHFWURQLFSURGXFWV/RRNIRUWKH(QHUJ\6WDURUWKHHQHUJ\HIFLHQF\UDWLR((5

4. Look for brands with good warranty and take-back policies.

5. Go for quality, not quantity! Avoid buying very cheap items in bulk. Most of these items will wear out after a few months.

6. Concerned agencies and groups must assist in the provision of alternative livelihood projects for the large community involved in informal e-waste

processing.

7KHFRQVXPLQJSXEOLFPXVWEHQRWLHGRIWKHULVNVposed by chemicals, which may possibly be in the electronics they purchase and use.

National and International Solutions

5DWLFDWLRQRIWKH%DVHO%DQ$PHQGPHQW7KH Philippine government, as well as international JRYHUQPHQWVVKRXOGSXVKIRUWKHUDWLFDWLRQRIWKLV

sorely needed international amendment.

(QDFWOHJLVODWLRQWKDWLQVWLOOVH[WHQGHGSURGXFHUresponsibility on electronics products similar to the :((('LUHFWLYHRI(XURSH7KLVOHJLVODWLRQPXVWbecome the industry norm for both local and global electronics manufacturers.

10.Enact legislation requiring electronics producers

selling, manufacturing, or distributing products in the Philippine market to sell products that are free from mercury, cadmium, hexavalent chromium, lead, and %)5VVLPLODUWRWKHUHVWULFWLRQVLPSRVHGE\WKH(8under their ROHS Directive. After all, the health of )LOLSLQRVLVDVLPSRUWDQWDVWKRVHRI(XURSHDQVDQGgovernments and manufacturers should not favor one over the other.

Introduction In 2003, 6,720 metric tons of solid waste was gener-ated daily in Metro Manila alone. Of this amount, only 5,600 metric tons entered the municipal collection system for disposal reportedly at nine dumpsites all over the metropolis. The rest were dumped illegally on private lots and bodies of water, or burned. This municipal solid waste is generated by residential sources (48%), informal settlers (26%), and com-mercial and industrial sources (26%). Currently, over 12,000 scavengers, waste pickers and informal recyclers make their living off this waste.

While decaying regular municipal waste household and organic garbage could be a nuisance and danger-ous if not properly managed, todays rapidly shifting trends in consumer preferences and planned obso-lescence of electronics goods are giving rise to another kind of wastediscarded electronic equipment called electronic waste, or e-waste. Large volumes of this obsolete and end-of-life equipment such as computers, televisions and mobile phones are piling up in landfills not only in the Philip-pines but also across the globe. In fact, experts estimate that 20 to 50 million tones of e-waste are generated worldwide every year, comprising more than 5 percent of all municipal solid waste.

Ban Toxics! (BT) conducted this study to learn more about the e-waste phenomenon in the Philippines.

What is e-waste?E-waste is a term commonly used to represent almost all types of electrical and electronic equipment that has entered or could enter the waste stream. Under UIJTHFOFSBMEFmOJUJPOOFBSMZBOZIPVTFIPMEPSCVTJ-ness tool that contains electrical circuitry components or requires electric power or battery supply can be considered as e-waste. Examples of e-waste include television sets, computers, mobile phones, home enter-tainment and stereo systems, and kitchen appliances such as refrigerators, toasters, and the like.

It is also known as waste electrical and electronic equipment (WEEE). The European Union further de-scribes e-waste in its WEEE Directive by classifying electrical and electronic equipment into TQFDJmDDBUFHPSJFT

t-BSHFIPVTFIPMEBQQMJBODFToPWFOT refrigerators, etc. t4NBMMIPVTFIPMEBQQMJBODFToUPBTUFSTWBDVVN cleaners etc.

t0GmDFDPNNVOJDBUJPOoDPNQVUFSTQSJOUFSTUFM-ephones, fax machines, etc.

t&OUFSUBJONFOUoUFMFWJTJPOTFUTTUFSFPTQPSUBCMF music players, etc.t-JHIUJOHonVPSFTDFOUUVCFTFUDt&UPPMToESJMMJOHNBDIJOFTFMFDUSJDMBXONPXFSTFUDt4QPSUTMFJTVSFoFMFDUSPOJDUPZTUSBJOJOH machines, etc.t.FEJDBMBQQMJBODFTBOEJOTUSVNFOUTt4VSWFJMMBODFFRVJQNFOUt"VUPNBUJDJTTVJOHTZTUFNToUJDLFUJTTVJOH machines, etc.

The Basel Convention on the Control of Transbound-ary Movements of Hazardous Wastes and Their Disposal, 1989 (Basel Convention) is the global instrument governing the control of hazardous waste exports. Since 2002, the Conference of the Parties to the Convention recognized e-waste as a priority issue and adopted measures to address them. Similar to the EUs WEEE Directive, the Basel Convention classifies e-waste into categories contained in two lists (Annexes VIII and IX) :

t"oQSFDJPVTNFUBMBTIGSPNJODJOFSBUJPOPG

printed circuit boardst"oVOTPSUFEXBTUFCBUUFSJFTFYDMVEJOHMJTU#CBU-

teriest"oXBTUFFMFDUSJDBMBOEFMFDUSPOJDBTTFNCMJFTPS

scrap containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents

t"oXBTUFNFUBMDBCMFTDPBUFEPSJOTVMBUFEXJUIplastics

containing or contaminated with coal tar, PCB, lead, cadmium or other halogenated compounds

t"oHMBTTXBTUFGPSNDBUIPEFSBZUVCFTBOEPUIFSactivated glasses

t#oTDSBQBTTFNCMJFTGSPNFMFDUSJDBMQPXFSgeneration not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous

t#oFMFDUSJDBMBOEFMFDUSPOJDBTTFNCMJFTXIFOOPU contaminated with Annex I constituents)

5

E-waste as a rising global concernThe life span of consumer electronics is becoming shorter and shorter. Gordon E. Moore, one of the founders of Intel Corporation, who theorized that a computer chips processing power doubles every 18 months, described this phenomenon in 1970. Simply put, this theory, known as Moores Law, states that the next generation of computer processors will be twice as fast as the previous generation, at the sameor lowerprice and size. Moreover, manufacturers put out new models of equipment at a rate that pushes newly purchased products into obsolescence after a few short yearsand in certain cases, only in months. According to a 2009 joint report of the United Nations Environment Programme and the United Nations University, global e-waste levels are increasing by 40 million metric tons per year. The report, which assessed current policies, skills, waste collection networks and informal recycling in 11 representative developing countries in Asia, Africa, and the Americas, also predicts that electronics sales and discard rates will rise sharply in the next decade. By 2020, Chinas mobile phone waste is expected to rise to 700% of the volume reported in 2007, while computer and television waste will double. India faces an even bigger increase, at 1800% for mobile phone waste, and 500% for television waste.

The UNEP report warns that unless governments, industries and consumers intensify action towards proper collection and recycling of e-waste, China and India are among the many developing countries which face the peril of an impending e-waste crisis and its accompanying serious environmental and health consequences.

*XDQJGRQJ&KLQD

The town of Guiyu in Guangdong Province, China, was in the spotlight in 2001 when the Basel Action Network (BAN) documented the dumping, processing, and trade of e-waste in Guiyu, in its report, Exporting Harm: The High-Tech Trashing of Asia. Beginning 1995, the formal agricultural community has been transformed into an active e-waste processing site, with hundreds of trucks delivering discarded electronics on a daily basis.

These electronics are said to come from a number of countries, causing an article to dub Guiyu as the e-waste capital of the world . Institutional labels on the waste allowed BAN to identify the main source as North America, although some were also found to come from Japan, South Korea and Europe.

Spent toner cartridges, circuit boards, computer and printer housings, CRT yokes, wires and cables are among the many things that were processed, mostly with makeshift equipment and no protective gear for the workers. Sweeping and recovery of toner, open burning of PVC-coated wires, breaking of CRT screens, and recycling of circuit boards were done directly in the village, which housed not only the workers, but also children and pregnant women. Incidentally, many of the workers are also women and children, working in appalling conditions for an average daily wage of $1.50.

The sampling conducted by BAN confirmed heavy metal contamination in water and sediment collected from Lianjiang River, where circuit boards have been burned, treated with acid, and dumped. The water sample was found to contain 190 times the World Health Organizations threshold level of lead for drinking water. Likewise, the sediment sample contained lead, barium, tin, chromium and copper in amounts much higher than the United States Environmental Protection Agencys threshold levels for environmental risk in soil. A glaring indicator of the level of pollution in Guiyu is the deteriorating quality of local drinking water. A year after the e-waste industry began in Guiyu, drinking water had to be delivered from a town 30 kilometers away, due to groundwater pollution.

6

,QGLD

India is another hotspot for e-waste dumping and processing, according to a 2007 report from Toxics Link India. Around 150,000 metric tons of e-waste is generated locally every year, with 19,000 metric tons coming from the city of .VNCBJ5IJTmHVSFBMPOHXJUIUIFTVCTUBOUJBMBNPVOUPGe-waste which is still being imported illegally, makes its way to crude recycling markets found across the country. Electronics scrap trading hotspots can be found in Indias National Capital Region, particularly in Kurla, Saki Naka, Kamthipura-Grant Road, Jogeshwari and Malad.

As with China, the e-waste processing market in India has expanded rapidly with the huge amount of locally and internationally sourced discarded electronics. In fact, several areas in Delhi have already developed speciali-[BUJPOTFBDIPOFDBSSZJOHPVUBTQFDJmDGVODUJPOJOUIFinformal recycling process. For example, a shipment of EJTDBSEFEDPNQVUFSTNJHIUmSTUNBLFJUTXBZUP-BKQBUNagar for disassembly, before the circuit boards are sent to Mandoli, and the rest of the plastic housings and other scrap end up in Old Seelampur for trade.

Cheap labor, minimum capital investment, and an absence of any regulation of e-waste import have all contributed towards making India one of the main destinations for e-waste dumping by developed countries. In its research, 5PYJDT-JOLJEFOUJmFE%VCBJBOE4JOHBQPSFBTQPTTJCMFtransit points for e-waste that is illegally imported from OECD countries, with international traders using loopholes in Indias law and passing e-waste off as used working computers.

An issue of volumeIn 2005, the European Union produced 8.3 9.5 million NFUSJDUPOTPGFXBTUFCBTFEPOUIFDMBTTJmDBUJPOTJOJUT8&&&%JSFDUJWF#ZUIJTBOOVBMQSPEVDUJPOmHVSFJTexpected to reach 12.3 million metric tons by 2020, equal UPNPSFUIBOTJY1BZBUBTEVNQTJUFTmMMFEUPDBQBDJUZ

The United States is also generating e-waste at a steadily increasing rate. From junking 20 million computers in 1998 , the US went on to discard 26 37 million more units in 2005. This was only a portion of the e-waste produced in 2005, which weighs in at 1.9 2.2 million metric tons. This climbed to 3.01 million metric tons in 2007, including 41.1 million computersenough to pack the Araneta Coliseum with e-waste 32 times.

Even developing countries are not far behind in e-waste production. Most Asian countries are starting to generate large quantities of e-waste due to recent economic growth. In fact, developing countries such as Thailand and the Philippines are expected to triple their e-waste output by 2010.

Several techniques have been developed to estimate mHVSFTPOFXBTUFWPMVNFJOTPNFDPVOUSJFTJO"TJBSuch techniques use sales data and end-of-life models, taking into account product lifetime and the reuse, TUPSBHFSFDZDMJOHBOEMBOEmMMVTFCFIBWJPSPGUIFindividual countries.

In 2003, China generated 56 million units of e-wastein home appliances and personal computers. Japan discarded over 18.6 million home appliances in the same year, along with Korea producing 1.7 million computers in e-waste. Poorer countries such as Thailand produce less: 2.4 million home appliances and 0.3 million computersstill substantial quantities.

A 2005 study on the current and future quantity of e-waste in the Philippines estimates that approximately 2.7 million units of televisions, refrigerators, air conditioners, washing machines and radios became obsolete by the end of 2005, with around 1.8 million units HPJOHUPMBOEmMMT'SPNUPBQQSPYJNBUFMZmillion units became obsolete, with an additional 14 million units projected to follow the same route by 2010.

BT took another approach in estimating the amount of e-waste ending up in the Philippines from other countries, based on the business permits issued by local governments to electronics stores. An increasing trend in the number of surplus electronic stores registering for CVTJOFTTNJHIUTVHHFTUBOJODSFBTJOHJOnVYPGFXBTUFentering the country.

However, BT found that it is virtually impossible to estimate the number of electronics stores that supply mainly secondhand items, based on information gathered from the Quezon and Manila City Halls. The DJUJFTCVTJOFTTQFSNJUTBOEMJDFOTJOHPGmDFTEPOPUIBWFTQFDJmDDBUFHPSJFTGPSUIJTUZQFPGCVTJOFTTJOTUFBEUIFTFBSFNFSFMZDMBTTJmFEBTiSFUBJMTUPSFTwalong with stores selling clothes, motor vehicles, machinery, and a host of other products.

7

An issue of toxicityNot only does the phenomenon of e-waste pose volume management problems for countries, it also creates serious environmental and health concerns. E-waste contains a cocktail of hazardous materials that can pollute groundwater and surrounding bodies of water, and contaminate the air and ultimately affect biodiversity. Moreover, people exposed to such materials may be more prone to brain and reproductive system problems and different forms of cancer.

The following are the common toxins associated with e-waste:%DULXP#BSJVNDBOCFGPVOEJOTQBSLQMVHTTPNFnVPSFTDFOUlamps, and in the coating on CRT monitors. It easily transforms to its stable forms, barium sulfate and barium carbonate, and can last a long time in the environment, BDDVNVMBUJOHJOmTIBOEPUIFSBRVBUJDPSHBOJTNT4IPSUterm exposure may cause brain swelling, muscle weak-ness, damage to the heart, liver and spleen. There is no data on the effects of long-term exposure and carcino-genicity of barium. %HU\OOLXPBeryllium is a hard, grayish metal naturally found in min-FSBMTBOEQVSJmFEGPSVTFJOOVDMFBSSFBDUPSTBJSDSBGUBOEspace vehicles, x-ray machines, and mirrors. Its alloys can be found in televisions, calculators, computers and other electronic devices. It is also used to create special-ty ceramics for electrical applications. Beryllium settles as dust in the air and can settle in bodies of water. Inha-lation can cause acute beryllium disease, a pneumonia-like ailment, or chronic beryllium disease, which causes DISPOJDXFBLOFTTEJGmDVMUZCSFBUIJOHXFJHIUMPTTBOEheart disease. Chronic exposure can increase the risk of lung cancer in humans.

%URPLQDWHGDPHUHWDUGDQWV#SPNJOBUFEnBNFSFUBSEBOUT#'3T

TVDIBTQPMZCSP-minated diphenyl ethers (PBDEs) and polybrominated biphenyls (PBBs), are added to plastic electronics com-ponents and printed wiring boards. PBDEs and PBBs attach to dust particles in the air, causing exposure through inhalation. Based on animal studies, these BFRs cause thyroid, kidney and liver damage. PBBs were also shown to cause some developmental effects in humans. *UJTDMBTTJmFEBTBQPTTJCMFIVNBODBSDJOPHFO#'3Thave been found to contaminate breast milk. In Bui Dau, Vietnam, breast milk of mothers working in e-waste recy-cling areas contained PBDEs in excess of the maximum reference dose for infants.

&DGPLXPCadmium can be found in some rechargeable batter-ies, semiconductor chips, and in the phosphor coating of CRT monitors. When released to the environment, it accumulates in aquatic organisms and agricultural crops. Due to its long half-life and stability, cadmium can build up in the body. Chronic, low-level exposure causes kidney disease and bone brittleness. Cadmium and its DPNQPVOETBSFLOPXOIVNBODBSDJOPHFOTJUXBTGPVOEto cause lung cancer in workers exposed to cadmium in the air.

&KURPLXPKH[DYDOHQWHexavalent chromium, or Cr (VI), is commonly found in metal parts of electronic equipment, particularly as an anti-corrosive coating on screws, rivets, bolts, frames, chassis, switches, plugs, and others. It can also be GPVOEJOTPNFEBUBUBQFTBOEnPQQZEJTLT$S7*JTBstrong irritant to the eyes, skin, and respiratory tract. It is a carcinogen, attacking the lungs. Cr (VI) may also be genotoxic in human cell lines, causing DNA strand breaks and chromosome damage.

/HDGLead is widely used in solder, batteries, electronic components, and in the glass of CRT monitors, among others. Its main target is the nervous system, both in chil-dren and in adults. Short-term exposure to high levels may cause vomiting, diarrhea, convulsions, brain, kid-ney, and reproductive system damage, coma and even death. It also causes anemia and increased blood pres-sure in middle-aged and older people, and may induce miscarriage in pregnant women. Although there is no conclusive proof that lead causes cancer in humans, it is anticipated to be a possible human carcinogen based on animal studies.

0HUFXU\Mercury is used in switches, thermostats, batteries, and nVPSFTDFOUMBNQTJODMVEJOHUIPTFVTFEJOnBUMJRVJEcrystal display panels. It attacks the nervous system, adversely affecting brain and motor function, especially in young children. It also causes kidney damage through chronic exposure. 3KWKDODWHVSKWKDODWHHVWHUVPhthalates are a group of chemicals that are often added as softeners to PVC. These are only physically incor-QPSBUFEJOUPUIF17$BOEOPUDIFNJDBMMZCPVOEUIVTthey can migrate out of the product and leech into the surrounding environment. Phthalates are reproductive toxicants that particularly affect males, and may cause asthmatic and allergic reactions in children.

8

3RO\YLQ\OFKORULGHPolyvinyl chloride (PVC) is found mainly in plastic com-puter and television housing, and in cable insulation. When burned, PVC releases harmful dioxins, furans, and phthalates. Dioxins and furans are known carcinogens and reproductive and developmental toxicants. They also affect the immune and endocrine systems. Phthalates are also reproductive toxicants, and may cause asthmatic and allergic reactions in children.

9

Substance +($9

Where does e-waste come from?The Philippines, in its own capacity, can generate an overwhelmingly large amount of e-waste. A 2006 study estimates that 14 million units of home appliancesnot yet including computers, mobile phones and portable music playerswill be discarded between 2005 and 2010. This amount of televisions, put end-to-end, can travel from Manila to Baguio and back nearly 10 times.

Household consumers whose electronics spending behavior continues to grow despite the countrys poverty produce much of this. Domestic sales data in the Philippines for various electronic devices including televisions, radios and refrigerators place 2002 sales at 2.8 million units. In 2003, this rose to 3.2 million unitsan increase of over ten percent.

The data collected spanned the years 1985 to 2003.Such increasing sales consistently taking place over a long period of time means that households are replacing old electronics with new ones, and that the obsolete equipment is being stored or thrown out somewhere. This is corroborated by waste pickers in Payatas, Malabon and Tondo, who say that most of the televisions, computers and mobile phones that they accumulate are scavenged from garbage trucks that collect waste from households and PGmDFT

)PXFWFSBTJHOJmDBOUBNPVOUPGFXBTUFBMTPFOUFSTUIFPhilippines as surplus electronics from other countries such as the United States, South Korea, Japan, Hong Kong and Thailand. Importation of secondhand home appliances and electronic equipment is controlled by the Environmental Management Bureau of the Department of &OWJSPONFOU/BUVSBM3FTPVSDFTGPMMPXJOHUIFQSPWJTJPOTof the Basel Convention.

A table of e-waste importation clearances from DENR-EMB shows that less than 2,000 secondhand television units were imported from Japan and Korea in the 2004-2005 period. This is likely an underestimation possibly due to UIFMBDLPGBOFGmDJFOUMZFOGPSDFEUSBDLJOHTZTUFNGPSUIJTkind of import. BT conducted interviews with local surplus stores to verify possible volumes. In Malabon, BT was able to visit a dealer of surplus televisions whose warehousestocking Japanese surplus aloneeasily contained almost 1,000 units.

The Philippines is not the only country importing e-waste. China and Hong Kong are the leaders in the used electron-ics industry in Southeast Asia. Chinas rapidly expanding economy is propelling the importation and resurgence of the informal recycling of e-waste, due to an increased de-mand for raw materials which can be recovered from used FMFDUSPOJDT"MUIPVHIJUJTEJGmDVMUUPFTUJNBUFUIFUPUBMWPM-ume of e-waste processed annually in China, it is said to produce 2.3 million metric tons annually . A 2002 research reports that hundreds of trucks ferry e-waste in and out of Guiyu, a major processing city, on a daily basis.

What happens to the e-waste? Some e-waste can be safely and properly managed in countries that have effectively and successfully imple-mented regulations, through take-back policies and formal recycling companies with sophisticated systems, stable governments, and reliable social safety nets. However, CFDBVTFPGUIFDPTUTBOEMJBCJMJUZJOWPMWFEBTJHOJmDBOUamount of e-waste either remains in storage, or is dealt with in an unsafe manner, compromising human and environ-mental health.

Informal recyclingIn the Philippines, there is a lack of awareness and initia-tive on this option of formal e-waste recycling, as well as a dearth of accredited e-waste recyclers and service providers. As of June 2010, there are only fourteen DENR-accredited companies that accept e-waste and electronics scrap materials, and these cater mostly to large-volume industrial markets.

"TBSFTVMUPGUIJTEFmDJFODZSFDZDMJOHPGFXBTUFJOUIFPhilippines is informally practiced by the informal waste sector, composed of scavengers, waste pickers and junk TIPQPQFSBUPSTBOEPUIFSJOEJWJEVBMTXJUIWFSZTQFDJmDtasks. The movement and turnover of goods is very swift.

10

Discarded televisions, computers, and other e-waste are collected and brought to garbage dumps on a daily basis, together with paper, plastic, and other household waste. .BNCVCVSBPUPSXBTUFQJDLFSTUIBUGPDVTTQFDJmDBMMZPOe-waste, sell these to junk shops, who in turn trade the sorted goods to buyers or dealers, who come daily as well. Business is quick, and conducted

purely on a cash basis. Junk shop owners often operate XJUIMJNJUFETQBDFUIFSFGPSFUIFZQVUBQSFNJVNPOTQFFEBOEFGmDJFODZPGDPMMFDUJPOBOETPSUJOH5IJTmeans that processing techniques are often quick and dirty.

%UHDNLQJDQG&UXVKLQJLarge e-waste such as televisions, computers and nVPSFTDFOUMBNQTBSFCVMLZBOEUBLFVQBMPUPGTQBDFThis, combined with the volume generated and the limited space available in most dumpsites and other informal recycling places, is often remedied by breaking and crushing.

Television sets, computer monitors, and fluorescent lamps are crushed not only to minimize the volume occupied, but also to retrieve the sellable portions of the appliance. The aluminum caps are removed from tubular nVPSFTDFOUMBNQTCFGPSFUIFHMBTTUVCFTBSFCSPLFOBOEcrushed to reduce volume. The same is done for CFLs after removing the wires and small integrated circuits inside the base of the bulb, and with CRT monitors.

In Pier 18, Tondo, Manila, where a large cache of busted nVPSFTDFOUMBNQTXBTGPVOEEVNQFESFDFOUMZMBNQbreaking is a backyard operation. Wastepickers collectlamps in sacks and bring them to their homes, where breaking is done with improvised hammers and metal QJQFTXIFOBTJHOJmDBOUBNPVOUIBTCFFODPMMFDUFE

Occasionally, even small volumes are processed as a source of quick cash for food, medical emergencies, or other needs. Ironically, even though breaking takes place right outside the wastepickers homes, in full view and within easy access of children and babies, they make sure to wrap up the broken glass and throw it out with their general garbage, because delikado sa bata ang basag (broken glass is dangerous to children). The plastic base of the CFL bulb is often saved for the children, who turn them into trumpo or spinning tops.

Crushing is also necessary to reach the copper yoke located at the base of CRTs in televisions. The copper is retrieved after breaking off the neck of the CRT, releasing the vacuum contained inside. The metal frame surrounding the CRT is also collected. A junk shop operator in Catmon, Malabon describes glass as the only valueless component of CRTs. Thus, after all the saleable materials have been recovered, the rest of the glass is crushed and discarded.

In February 2011, BT published Chasing Mercury: Measuring Mercury Levels in the Air Across the Philippines, a year-long study on the amount of mercury vapor in various locations in the country. The Pier 18 and Smokey Mountain area was found to have anelevated mercury air concentration (see table below). Note that the United States Environmental Protection Agency sets 10,000 ng/m3 as the immediate evacuation level for mercury vapor, with levels between 1,000 and 10,000 ng/m3 as the level wherein relocation has to be scheduled as soon as possible.

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&57EUHDNLQJCapulongan StDump sitePier 18, Smokey Mt. 2&)/EUHDNLQJDUHD

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Wire burningPier 18 dumpsite

Paradise Heights

Agri-crops plantationSmokey Mt.1

January 4, 201110:37 10:47 AMJanuary 4, 2011

11:03 11:13 AMJanuary 4, 2011

11:14 11:24 AM

January 4, 201111:47 11:57 AM

January 4, 201111:25 11:35 AM

January 4, 201112:01 12:11 AMJanuary 4, 2011

12:11 12:21 AM

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Sampling Date/ Time Advance Reading 0D[LPXP5HDGLQJ

11

There is generally a low awareness of the chemical dangers of e-waste among CRT and bulb crushers. No personal protective equipment is used except the occa-sional t-shirt or towel wrapped around the head. The most common injuries are wounds from handling broken glass, and such injuries reportedly take longer to heal compared to regular cuts.

%XUQLQJAlthough burning is used in many areas to reduce gar-bage volume, it is often employed in e-waste processing to retrieve metals such as copper from electrical cables. Cables without the plastic, polyvinyl chloride coating com-mand a higher price, fetching almost 300% of the price of the unprocessed cables.

Some informal recyclers still remove the PVC insulation manually, using ordinary wire strippers or no equipment BUBMMCVUNPTUPQUGPSUIFTQFFEBOEFGmDJFODZPGPQFOburning instead. Cables are gathered in an open area and burned. The copper is collected, cleaned if necessary, and sold, while the charred residue is left behind as garbage.

Burning of PVC produces acrid black smoke which irritates the throat, skin and eyes of nearby residents, and even of the informal recyclers, whose only protection against the harsh smoke are t-shirts wrapped around their heads. Residents of the Payatas dumpsite claim that open burn-JOHIBTCFFOQSPIJCJUFEJOUIFJSBSFBCZCBSBOHBZPGmDJBMT4FWFSBMWJPMBUPSTIBWFCFFOmOFEBOEUIFJSXJSFTDPOmT-cated, yet many still get away with the practice by burning their cables at night, at some distance from the residential clusters. The combustion of PVC-containing plastic pro-duces a cocktail of toxic chemicals, including dioxins and GVSBOT*OGBDUUIF%045IBTJEFOUJmFEPQFOCVSOJOHBTthe primary source of dioxin pollution in the country.

Acid WorkingCircuit boards are among the highest-selling electronics parts that can be retrieved from e-waste. Aside from the variety of IC components which may still be tested and resold, precious metals are also contained in the board and its components. In some cases, these are recovered by dipping the boardsbroken or intactinto acid baths. Workers in Guiyu, a village in Guangdong, China, use aqua regia, a mixture of hydrochloric and nitric acids.

Although acid processing has reportedly been occurring in Tondo and Payatas, BT has not been able to document any live acid work, as wastepickers and junk shop opera-tors claim that only buyers in Valenzuela have the technical know-how for such procedures. In Pier 18, Tondo, Manila, buyers focused especially on circuit boards supposedly perform the acid work right in the junk shops. Before a buy-er purchases a lot of boards, acid or gasoline is dripped onto a board to test whether precious metals can still be recovered.

E-waste as commodityBefore electronics were popularized as a waste commod-ity, broken and obsolete appliances were simply thrown out with the rest of the household waste. Wastepickers collected the plastic portions of equipment and discarded the rest, concentrating instead on collecting used paper, plastic, glass bottles and tin and aluminum cans. In ____, somebody learned how to process e-waste, and this start-ed the informal e-waste recycling industry that continues to support 12,000 informal waste workers all over the country.

In Pier 18, Tondo, Manila, many of the e-waste recyclers, called mambuburaot, have been engaged in this livelihood for generations. Many of them cite lack of better opportu-nities as their reason for remaining in this profession, but also admit that wastepicking and informal recycling are lucrative enough to support their families, especially since e-waste became a major commodity. Several families have been able to send their children to school, with little capital aside from hard physical labor and patience. One woman XBTBCMFUPFYQBOEIFSPQFSBUJPOTBTXFMMGSPNCFJOHa simple mambubulasi, she eventually became a buyer, setting up a big junk shop with 2 trucks and providing FNQMPZNFOUUPBEP[FOXBTUFQJDLFSTVTJOHIFSQSPmUTGSPNthe e-waste boom in 1997.

12

0RWKHUERDUG&LUFXLWERDUGThe motherboard, also known as the central circuit board, holds the crucial components for the operation of modern computers and other electronicsmicroprocessors, mem-ory chips, power connectors, and others. Once collected, it can be sold as is, fetching Php 220-250 per kilogram, or further processed to remove small parts such as resistors and integrated circuits, and to recover precious metals like gold and beryllium.

Copper wireCopper is contained in most if not all electrical wiring. Recovered copper, with the PVC coating already removed by burning or wire stripping, can be sold for Php 280-290 per kilogram. Some buyers also purchase copper wire still in its original PVC installation for a much lower price of Php 100 per kilogram.

PlasticThe hard plastic housings of computers, mobile phones, BOEUFMFWJTJPOTBSFDMBTTJmFECZXBTUFQJDLFSTBTiNBMV-tong, to differentiate it from polyethylene drink bottles and polystyrene disposable cups. This is sold for Php 16 per kilogram.

Compact discsCompact discs are made of polycarbonate plastic. A kilogram of CDs, approximately 50 pieces, sells for Php 17.

AluminumMany metal reinforcements for structural support in electronics are made of aluminum. This is sold for Php 50 per kilogram.

/HDG7LQJJDLead that is used to coat the inside of CRT monitors is barely recoverable, as its dust form scatters easily when CRTs are broken. Whatever lead can be recovered from batteries, circuit components and solder is sold for Php 30 per kilogram.

2WKHUPHWDOV*ROGVLOYHUEHU\OOLXPHWFPrecious metals in e-waste are found mainly in the circuit boards and its small components. Recovery of these metals, which include gold, silver and beryllium, require further processing techniques which ordinary wastepickers are unfamiliar with, or deem as time-consuming.

1313

*OREDODQGUHJLRQDOLQLWLDWLYHV

Several global and regional initiatives have been spear-headed by parties such as the Basel Convention and the European Commission to address the ballooning problem of e-waste.

Take-back policies and formal recyclingAs part of their compliance with the WEEE Directive of 2002, EU member states are required to ensure that manu-facturers and importers of electronics to establish compre-hensive take-back and recycling programs. At end-of-life, DPNQBOJFTNVTUmOBODFUIFDPMMFDUJPOUSFBUNFOUSFDPWFSZand disposal of their products in an environmentally sound manner, usually through the services of a formal recycling facility. Companies such as Hewlett-Packard and Sony have already established take-back programs in Europe.

0RELOH3KRQH3DUWQHUVKLS,QLWLDWLYH033,The Mobile Phone Partnership Initiative (MPPI) was launched in 2002 during the sixth conference of the parties to the Basel Convention. Together with the Convention and other stakeholders, mobile phone manufacturers signed a Declaration supporting the development and promotion of the environmentally sound management of end-of-life mobile phones.

5IF.11*XBTTQFDJmDBMMZDSFBUFEUPBDIJFWFCFUUFSQSPE-uct stewardship, promote the best refurbishing, recycling and disposal options, and to mobilize political and insti-tutional support for environmentally sound management, among others. To date, 15 manufacturers have joined the MPPI.

Through the MPPI, technical guidelines were developed on the collection, transboundary movement, refurbish-ment and material recovery of used and end-of-life mobile phones, as well as awareness-raising on design considerations. An overall Guidance Document was prepared containing these, and is now in use by industry, NGOs, and other stakeholders in awareness-raising campaigns and other actions.

3DUWQHUVKLSRQ&RPSXWLQJ(TXLSPHQW3$&(The Partnership on Computing Equipment (PACE) is a multi-stakeholder partnership formed to address the environmentally sound management of used and end-of-life computers. It offers a forum governments, industry, NGO and academe to participate in providing innovative approaches to this facet of the e-waste issue.

The PACE aims to promote sustainable development in the use, repair and refurbishment of computers in developing countries, incentivize the option of sending computers to material recovery facilities versus land disposal, develop technical guidelines for proper repair, refurbishment and recovery, and end the shipment of unsalvageable computers to developing countries.

Initiatives by PACE project groups are under way to identify existing materials on environmentally sound management of computers, to develop guidelines on repair, refurbishment and material recovery, and to pilot special methods of managing computer-related waste in developing countries, effectively diverting these from MBOEmMMBOEPQFOCVSOJOHTJUFT

(QYLURQPHQWDOO\6RXQG0DQDJHPHQWRI(ZDVWHLQ$VLDDQGWKH3DFLFTo respond to the need for updated knowledge on cleaner technologies in e-waste repair, refurbishment, recycling and recovery, the Basel Convention, together with UNEP, the BC Regional Centers, and local NGOs, EFWFMPQFEBQSPKFDUTQFDJmDBMMZGPSUIFNBOBHFNFOUPGFXBTUFJOUIF"TJB1BDJmDSFHJPO

The four-year program aims to support national and local JOJUJBUJWFTUPEJWFSUFOEPGMJGFDPNQVUFSTGSPNMBOEmMMTUPpromote sustainable use and recycling, to provide an overview of the regional e-waste situation for the devel-opment of policies, and to raise public awareness on the environmentally sound management of e-waste.

14

/RFDOLQLWLDWLYHV

Formal e-waste recyclingAlthough no organized take-back initiatives or e-waste-TQFDJmDEJSFDUJWFTFYJTUJOUIF1IJMJQQJOFTZFUUIFSFBSFalready a number of government-accredited facilities engaged in electronics recycling. In these facilities, special machines are used to dismantle obsolete electronics into component parts: motherboards, power supply, hard disk drives, plastics, and metals. Metals, power supply and plastic are sold for recycling. Motherboards and other circuit boards can be sold to buyers in Taiwan, Japan and South Korea for recycling and recovery of precious metals such as gold. Some companies, upon recovering intact components, use these to put together serviceable new equipment.

One such e-waste recycling company is HMR Envirocycle, BMPDBMBGmMJBUFPGUIF"VTUSBMJBCBTFE).3(SPVQ).3JTdedicated to the re-marketing, de-manufacturing and recy-cling of obsolete or non-working electronics. Around 10 to 15 tons of electronics are brought to their facility weekly, refurbished and then sold at competitive prices in their partner surplus depot, HMR Philippines. The rest of their collections undergo remanufacturing processes to re-cover recyclable components such as plastic, non-ferrous and ferrous metals, and the like. These are brought to treat-ment facilities and resold. Automated equipment such as CRT crushers reduce workers exposure to the chemicals found in electronics. , '(1516:0&PRGXOHVIRULQIRUPDOZDVWHVHFWRUIn July 2010, the National Solid Waste Management Com-mission (NSWMC), an attached agency of the DENR, developed a safety module for the informal waste sector. The module, which focused mostly on chemical safety, aimed to educate the different people engaged in the sec-tor about the occupational hazards they are exposed to, as well as some immediate measures that can be taken to minimize health and environmental risk.

The module was developed by the NSWMC, in partnership with EcoWaste Coalition, and through consultation with wastepickers from Pier 18 and Smokey Mountain in Manila, and will be brought to major cities in Luzon, Visayas, Mind-anao, and Metro Manila.

Weekend recycling markets recyclables collection eventsLarge scale e-waste collection events have been organized by the Philippine Business for the Environment (PBE), a OPOQSPmUPSHBOJ[BUJPOUIBUBJNTUPIFMQ1IJMJQQJOFJOEVTUSZaddress its environmental concerns and responsibilities, in order to encourage more electronics recycling by households as well as industry.

PBE has partnered with private businesses, such as the Ayala Foundation, ABS-CBN Foundation and SM Supermalls, to host these waste markets, called recyclables collec-tion events (RCE). On regular, pre-set dates, large, open spaces such as mall parking lots are converted into buying stations where household and industrial consumers can TFMMUSBEFPSEPOBUFUIFJSKVOL&BDI3$&DBOBDDFQUTQFDJmDrecyclable materials onlypaper, aluminum cans, PET bottles, lead acid batteries, used ink and toner cartridges, and discarded computers, televisions, mobile phones and others, depending on the arrangements that PBE is able to make with the recycling companies that receive and process the collected items.

Since its launching in 2002 to PBEs last inventory in 2008, the RCEs have successfully diverted 195 dump trucks XPSUIPGXBTUFGSPNFOUFSJOHMPDBMMBOEmMMTXIFSFJUXPVMEIBWFmMMFENPGTQBDF5IF1#&BMTPSFQPSUTIBWJOHrecovered 282,000 kilograms of lead, 86,760 kilograms of metals, and nearly 11 kilograms of precious metals, partly from e-waste.

As of today, RCEs are only one-day regular promotional events, but recycling and recovery is continuously done during the year through a larger program called the Industry Waste Exchange Program.

(F\FOLQJHIIRUWVE\LQGXVWU\1RNLDSome electronics manufacturers have begun taking small steps locally towards product stewardship. Mobile phone giant Nokia Philippines has launched its Takeback E-cycling Campaign, which encourages consumers to deposit their discarded mobile phones, batteries and accessories in Nokia recycling bins located conveniently JONBMMTTDIPPMTBOEPGmDFT5IFDPMMFDUFEFXBTUFJTshipped to recycling plants in Singapore, where it is converted into raw materials for other products.

15

/DZRQHZDVWH

Despite reports of e-waste being dumped in developing countries by developed countries, it is largely the Euro-pean Union and the United States that have come up with TQFDJmDMFHJTMBUJPOBHBJOTUUIFHFOFSBUJPOBOEEVNQJOHof e-waste. These legislative measures address design of electronics, as well as collection and disposal when the products have reached end-of-life. In developing countries such as India, China, and the Philippines, laws against im-proper e-waste import, dumping and processing are either inadequate or still non-existent.

European Union1. Waste Electrical and Electronic Equipment (WEEE) Directive

Directive 2002/96/EC, or the WEEE Directive, sets collection, recovery, and recycling targets for all kinds of electrical goods, and became European Law in February 2003. Since then, the 25 member states of the EU were obliged to transpose into national law the directives provisions, which assigns responsibility for the collection and disposal of e-waste to the manufacturers of such equipment. The manufacturers are compelled to manage the col-lected e-waste in an environmentally-sound manner, whether through ecological disposal, or by refurbish-ing and reusing the materials.

2. Restriction on Hazardous Substances (RoHS) Directive Directive 2002/95/EC of the European Commis-sion, more commonly known as the RoHS Direc-tive, restricts the use of six hazardous materials in the manufacture of various types of electronic and electrical equipment. Any new equipment manu-factured and put on the market since the regulation was put into force in July 2006 must not contain lead, mercury, cadmium, hexavalent chromium, polybromi-nated biphenyl, or polybrominated diphenyl ethers in quantities exceeding assigned maximum concentra-tion values.

United States In the United States, 24 states have passed laws for statewide e-waste recycling, with 4 more states introducing legislation in 2011. Of these, all states except California mandate the use of the Producer Responsibility approach, where the manufacturer of electronics shoulders the cost of managing the generated waste at end-of-life. The indi-WJEVBMMBXTWBSZPOUIFTQFDJmDQSPWJTJPOTQBSUJDVMBSMZPOthe scope of products covered, who pays for the recycling, inclusion of bans on prison labor and disposal, and others. For example, in Hawaii, free recycling is offered for IPVTFIPMETCVTJOFTTFTOPOQSPmUPSHBOJ[BUJPOTBOEgovernment, whereas only households can avail of free service in Maine.

India Current laws on the management of handling and waste, TQFDJmDBMMZUIF&OWJSPONFOU"DUPGBOEUIF)B[BSE-ous Material Rules of 2008, address industrial manufac-turing waste, and do not cover e-waste generated locally by end-of-life products and internationally by illegal trade.

In April 2010, the Ministry of Environment and Forests in-troduced the E-waste Management and Handling Rules for public comment. The proposed rules are similar to the EUs WEEE Directive, as it aims to make produc-ers and manufacturers responsible for the collection and disposal of e-waste. Recyclers, intermediaries and consumers are also covered by the proposed law. In addition, the law also proposes to ban the import of used electronics for the purpose of charity, as a lot of e-waste is brought into India under the pretext of donation to lo-cal charities.

Philippines-PDBMMZUIFSFJTOPTQFDJmDMBXPOFXBTUFTJNJMBSUPUIFEUs WEEE Directive or Indias proposed E-waste Rules. Instead, discarded electronics fall under the special waste category of Republic Act No. 9003, or the Ecological Solid Waste Management Act of 2000 (RA 9003). The act, which is a general law that aims to reduce and properly manage solid waste in the Philip-QJOFTJEFOUJmFTUIFMPDBMHPWFSONFOUVOJUTUPCFSFTQPO-sible for the collection and handling of special wastes, and to identify current and proposed programs to ensure proper handling, re-use and long-term disposal of such.

In addition to RA 9003, Republic Act 6969 (RA 6969), also called the Toxic Substance and Hazardous and Nuclear Waste Act of 1990, seeks to, among others, with regard to chemical substances and mixtures that present an unreasonable risk or injury to health or the environment to regulate, restrict or prohibit the importa-tion, manufacture, processing, sale, distribution, use and disposal thereof. With regard to hazardous and nuclear wastes RA 6969 seeks to prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

Department of Environment and Natural Resources (DENR) Administrative Order 29 (AO 29), series of 1992 is the Implementing Rules and Regulations of RA 6969. AO 29 outlines the processes, including the require-ments, in the management of toxic and hazardous wastes, as well as the penalties that may be imposed in violation of the law.

16

countries by developed countries, it is largely the EuroUnder AO 29 the primary control mechanism in the import and export of hazardous wastes into the Philip-pines is the prior permitting requirement. Any person who wishes to import or export hazardous waste to and from the Philippines must seek and obtain prior written approval from the DENR.

In spite of the somewhat strong language of RA 6969 against hazardous waste disposal into the Philippines, RA 6969 unfortunately leaves the door open for hazardous wastes into the Philippines through recycling of materials containing hazardous substances. Under DENR AO 28, Series of 1994, importers of recyclable materials containing hazardous substances can bring these noxious materi-als into the Philippines with only some limiting conditions. Some of these materials are: all electronic assemblies contained printed circuit boards, electronic components containing hazardous substances such as TVs, VCRs, stereo, etc.

Issues of ConcernThe e-waste crisis is borne by volume and toxicity. Unfortunately, other factors are contributing to the growing complexities of

1. Re-use and refurbishment

2. Wastes vs. Goods

Similar to the re-use and refurbishment approach, the wastes vs. goods approach in exporting toxic e-waste to developing countries rely on changing the legal characteristic of a shipment to give it access UISPVHIQPSUPGmDJBMT5IJTJTBUUJNFTDBMMFEUFDIOJDBMsmuggling where exporters label the wastes as goods in order to escape regulation at the port.

For instance, a toxic waste trader will label the shipment as paper instead of e-waste, knowing fully well that DVTUPNTBOEQPSUPGmDJBMTNBZCFXBSZPGBOZFXBTUFshipment.

3. Emerging Trade Agreements

Over the past seven years, a series of bilateral new age economic partnership agreements have been inked by Japan and the Association of Southeast Asian Nations (ASEAN) and several of its members namely: Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand and Viet Nam.

The agreements utilized the name economic partner-ship agreements (JEPAs). These JEPAs essentially trade agreement that complements the basic the WTO agreements on goods and services, and incorporate areas presently not covered under the WTO called the Singapore issues (i.e., investment, government pro-curement, competition policy, and trade facilitation). These JEPAs have invariably been called WTO-Plus agreements and Mega-Treaties to evoke their scope and magnitude.

Civil society groups voiced concerns over the JEPAs questioning their constitutionality to the impact of the trade related provisions on the local economy. Amidst the din of protests the JEPAs received in Southeast Asia the issue of toxic waste trade resonated with most promi-nence. The issue of Japans intent to make Southeast Asia its toxic waste bin and the ensuing environmental and public health blight that could occur as a result of the tsunami of Japanese toxic wastes caught the public and the government of Japans attention.

Concerns have been raised over these JEPAs particular-MZQSPWJTJPOTUIBUSFEFmOFiXBTUFTwBT+BQBOFTFHPPETwhich effectively changes the legal nature of the materi-als. Unlike technical smuggling, the JEPAs outrightly legitimizes toxic waste trade as legal trade and runs counter to the Basel Convention.

17

The agreements utilized the name economic partner-ship agreements (JEPAs). These JEPAs essentially trade agreement that complements the basic the WTO agreements on goods and services, and incorporate areas presently not covered under the WTO called the Singapore issues (i.e., investment, government procurement, competition policy, and trade facilitation). These JEPAs have invariably been called WTO-Plus agreements and Mega-Treaties to evoke their scope and magnitude.

Civil society groups voiced concerns over the JEPAs questioning their constitutionality to the impact of the trade related provisions on the local economy. Amidst the din of protests the JEPAs received in Southeast Asia the issue of toxic waste trade resonated with most prominence. The issue of Japans intent to make South-east Asia its toxic waste bin and the ensuing environ-mental and public health blight that could occur as a result of the tsunami of Japanese toxic wastes caught the public and the government of Japans attention.

Concerns have been raised over these JEPAs particu-MBSMZQSPWJTJPOTUIBUSFEFmOFiXBTUFTwBT+BQBOFTFgoods, which effectively changes the legal nature of the materials. Unlike technical smuggling, the JEPAs outrightly legitimizes toxic waste trade as legal trade and runs counter to the Basel Convention.

8QUHVSRQVLYH%DVHO&RQYHQWLRQ

The Basel Convention has long considered e-waste as toxic waste that are subject to its jurisdiction. However, with the continuing rise in e-waste generation and the export of the toxic wastes, the Basel Convention appears to be struggling in responding to this global challenge.

Crucial to this view is the continued inability of the Con-vention to pass the much heralded Basel Ban Amend-ment which prohibits the export of all toxic wastes, either for disposal and recycling, from developed coutnries, known as Annex VII countries, to developing countries. The Basel Ban Amendment was introduced in 1995, and in 16 years, the amendment lays languishing, an unfor-tunate victim, so it seems to the overpowering interests behind allowing toxic trade to continue.

/DFNRI)DFLOLWLHV

During the conduct of this study BT has consulted with consumers and e-waste generators and the question that is often asked is where can locally generated e-waste be brought for disposal. A perusal of the Depart-ment of Environment and Natural Resources website ulti-mately reveals that there is not enough licensed facilities in the country to deal with all the e-wastes. Majority of facilities are in the island of Luzon and fewer still covers major cities such as Cebu and Davao, and fewer still or none at all in other outlying areas.

The government needs to address either creation of formal recycling facilities or improved collection and transport so that local e-waste can be re-directed to formal recycling faculties.

/DFNRI$ZDUHQHVV

In communicating with waste pickers, local government PGmDJBMTBOEPUIFSQPMJDZNBLFSTUIFSFJTBQPTJUJWFTUFQJOUIFMFWFMPGBXBSFOFTTPGNPTU$PNQBSFEUPmWFyears ago, there is now a greater understanding of e-wastes. However, not all sectors have been reached.

The government and civil society still needs to reach the household level and further educate them on the dan-gers of e-waste.

18

Conclusion and RecommendationsThe e-waste crisis is a global one. As foreign generated FXBTUFXJMMDPOUJOVFUPmOETQMBDFTUPHPFTQFDJBMMZJOdeveloping countries. Countries, such as the Philippines are becoming re-processing grounds for e-wastes that will ultimately reach China.

In its role as a re-processing facility unrecyclable and toxic residuals are ultimately left behind. Effective inter-national intervention in the form of toxic waste trade bans are needed. Without effective international action to stem e-waste and toxic waste trade the burgeoning problem of e-waste management will greatly fall on developing countries.

"MUIPVHIUIFQSPCMFNTBQQFBSHSFBUUIFSFBSFTQFDJmDthings that we as a society can take, after all, we are all generators of e-wastes:

Solutions at the Individual/Community

1. Consumer Research. Consumers must purchase wisely. Know which companies produce safe and environmentally sustainable electronic gadgets. Visit websites such as those set up by Greenpeace partic-ularly their Guide to Greener Electronics, a guide that ranks the top electronics manufacturers according to their policies on toxics, recycling, and climate change. The guide is available at http://www.greenpeace.org/international/campaigns/toxics/electronics/how-the-companies-line-up/ and other civil society groups that help further knowledge of good companies with less toxic or toxic free products.

2. Purchase electronics that have the RoHS logo. This means that the equipment complies with the European Unions Restriction of Hazardous Substances direc-tive which means these do not contain mercury, lead, cadmium, chromium, polybrominated biphenyls, and polybrominated biphenyl ethers common toxins found in electronic gadgets.

#VZFOFSHZFGmDJFOUFMFDUSPOJDQSPEVDUT-PPLGPSUIF&OFSHZ4UBSPSUIFFOFSHZFGmDJFODZSBUJP&&3

4. Look for brands with good warranty and take-back policies.

5. Go for quality, not quantity! Avoid buying very cheap items in bulk. Most of these items will wear out after a few months. Also, the EcoWaste Coalitions Project PROTECT has found that 6 out of 7 cheap toys from bargain centers contain toxic plastic. Cheap does not necessarily mean good. Buying a product with good quality item is a much better investment, and better for the environment, too.

6. Concerned agencies and groups must assist in the provision of alternative livelihood projects for the large community involved in informal e-waste process-ing. These need not be radically different from their accustomed livelihood. For example, government-ac-credited programs on the safe and proper handling of electronics for recycling may be put in place to equip the informal recyclers with the proper knowledge that may qualify them to work in formal recycling opera-tions. The National Solid Waste Management Commit-tees module on chemical safety for waste pickers is a HPPEmSTUTUFQUPXBSETUIJTEJSFDUJPO

5IFDPOTVNJOHQVCMJDNVTUCFOPUJmFEPGUIFSJTLTposed by chemicals which may possibly be in the electronics they purchase and use. Government, industry and civil society groups must join forces and initiate information, education and communication campaigns on e-waste risks, proper handling, and instructions for takeback or disposal.

National and International Solutions

3BUJmDBUJPOPGUIF#BTFM#BO"NFOENFOU5IF Philippine government, as well as international HPWFSONFOUTTIPVMEQVTIGPSUIFSBUJmDBUJPOPGUIJT

sorely needed international amendment.9. Enact legislation that instills extended producer

responsibility on electronics products similar to the WEEE Directive of Europe. This legislation must be-come the industry norm for both local and global

electronics manufacturers. Through EPR, manufac-turers will be made responsible for minimizing the amount of toxins in their products, providing for the collection, management and disposal of discarded electronics, and ultimately exploring safer, greener design.

10. Enact legislation requiring electronics producers selling, manufacturing, or distributing products in the Philippine market to sell products that are free from mercury, cadmium, hexavalent chromium, lead, and BFRs, similar to the restrictions imposed by the EU under their ROHS Directive. After all, the health of Filipinos are as important as those of Europeans, and governments and manufacturers should not favor one over the other.

%DQ7R[LFV26 Matalino St., Suite 329 Eagle Court

Diliman, Quezon City 1101Philippines

TeleFax: +63 2 355 7640www.bantoxics.org

19

1 Asian Development Bank, Metro Manila Solid Waste Management Project Final Report, September 2003.2 The Study on Solid Waste Management for Metro Manila in the Republic of the Philippines, Final Report,1SFQBSFECZ1BDJmD$POTVMUBOUT*OUFSOBUJPOBMGPSUIF+BQBO*OUFSOBUJPOBM$PPQFSBUJPO"HFODZ+*$"

.BSDI3 V. T. Vizcarra. 2010. Down in the dumps. BusinessWorld Online. Available online, http://www.bworld.com.ph/main/ content.php?id=9764. Accessed 21 July 2010.4 UNEP Global Resource Information Database, Europe. E-waste, the hidden side of IT equipments manufacturing and use, 2005. http://www.grid.unep.ch/product/publication/download/ew_ewaste.en.pdf5 http://www.step-initiative.org/6 Directive 2002/96/EC of the European Parliament and of the Council, of 27 January 2003, on waste electrical and FMFDUSPOJDFRVJQNFOU8&&&1VCMJTIFEJO0GmDJBM+PVSOBM-'FCSVBSZ"NFOEFECZ%JSFDUJWF&$PO%FDFNCFS0GmDJBM+PVSOBM-%FDFNCFS7 Secretariat of the Basel Convention. The Basel Convention: Key instrument in addressing the environmentally sound management of electrical and electronic wastes (e-waste), April 2009.8 UNEP/UNU: Recycling From e-waste to resources 9 BAN: Exporting Harm10 http://seattletimes.nwsource.com/html/nationworld/2002920133_ewaste09.html11 BAN: Exporting Harm12 Ibid.13 Ibid.14 Mumbai: Choking on E-Waste - A study on the status of e-waste in Mumbai15 E-waste in India: System failure imminent (Toxics Link)16 E-waste in India: System failure imminent (Toxics Link)17 ChemSec. http://www.chemsec.org/rohs/background/e-waste-and-recycling18 NATIONAL SAFETY COUNCIL, ELECTRONIC PRODUCT RECOVERY AND RECYCLING BASELINE REPORT (1999) (Cross-referenced from Exporting Harm) get proper reference19 EPA factsheet e-waste management in the US20 Facts and Figures Electronics Takeback Coalition21 6/&1TPVSDFo$)&$,5)*4065IUUQXXXVOFQPSH%PDVNFOUT.VMUJMJOHVBM%FGBVMUBTQ %PDVNFOU*%"SUJDMF*%MFO22 Current status and research on e-waste issues in Asia (2006)23 G.L. Peralta and P.M. Fontanos, E-waste issues and measures in the Philippines, Journal of Material Cycles and Waste Management 8 (2006): 34-39.24 EMPA, Hazardous substances in e-waste.25 "54%35PYJDPMPHJDBMQSPmMFGPS#BSJVN"UMBOUB("64%FQBSUNFOUPG)FBMUIBOE)VNBO4FSWJDFT1VCMJD Health Service.26 "54%3i5PYJDPMPHJDBMQSPmMFGPSCFSZMMJVNw64%FQBSUNFOUPG)FBMUIBOE)VNBO4FSWJDFT1VCMJD)FBMUI4FSWJDF27 "54%3i5PYJDPMPHJDBMQSPmMFGPSQPMZCSPNJOBUFECJQIFOZMTBOEQPMZCSPNJOBUFEEJQIFOZMFUIFSTw64%FQBSUNFOU of Health and Human Services, Public Health Service.28 N. M. Tue, et. al. (2009). Contamination by PCBs and BFRs in Vietnamese human milk associated with recycling of e-waste. From Interdisciplinary Studies on Environmental Chemistry Environmental Research in Asia, Eds., Y. Obayashi, T. Isobe, A. Subramanian, S. Suzuki and S. Tanabe, pp. 9197. by TERRAPUB, 2009. http://www.terrapub.co.jp/online proceedings/ec/02/pdf/ERA10.pdf 29 Ibid.30 "54%35PYJDPMPHJDBMQSPmMFGPS$BENJVNDraft for Public Comment). Atlanta, GA: U.S. Department of Health and Human Services, Public Health Service.31 "54%35PYJDPMPHJDBMQSPmMFGPS$ISPNJVNDraft for Public Comment). Atlanta, GA: U.S. Department of Health and Human Services, Public Health Service.32 Agency for Toxic Substances and Disease Registry (ATSDR). 2007. 5PYJDPMPHJDBMQSPmMFGPSMFBE6QEBUF. Atlanta, GA: U.S. Department of Public Health and Human Services, Public Health Service.33 &.1"4XJTT'FEFSBM*OTUJUVUFPG5FDIOPMPHZi)B[BSEPVTTVCTUBODFTJOFXBTUFwBWBJMBCMFGSPNIUUQFXBTUFHVJEFJOGPIB[BSEPVT@TVCTUBODFT*OUFSOFUBDDFTTFE/PWFNCFS34 "54%35PYJDPMPHJDBM1SPmMFGPS.FSDVSZ"UMBOUB("64%FQBSUNFOUPG)FBMUIBOE)VNBO4FSWJDFT1VCMJD Health Service.35 Greenpeace --- http://www.greenpeace.org/international/campaigns/toxics/electronics/what-s-in-electronic-devices/bfr- pvc-toxic#phthalates36 Health Care Without Harm. 2006. Why health care is moving away from the hazardous plastic polyvinyl chloride (PVC). In Going green: A resource kit for pollution prevention in health care. 9 Sept. 2009. 37 "54%3i5PYJDPMPHJDBMQSPmMFGPSWJOZMDIMPSJEFw64%FQBSUNFOUPG)FBMUIBOE)VNBO4FSWJDFT1VCMJD)FBMUI4FSWJDF

38 Health Care Without Harm. 2006. Why health care is moving away from the hazardous plastic polyvinyl chloride (PVC). In Going green: A resource kit for pollution prevention in health care.39 E-waste and measures in the Philippines, 200640 E-waste and measures in the Philippines, 200641 JICA report42 Electronic waste in the Philippines Status, 3R and policy issues43 Electronic waste in the Philipines Status, 3R and policy issues44 GAO paper45 IUUQXXXVOFQPSH%PDVNFOUT.VMUJMJOHVBM%FGBVMUBTQ %PDVNFOU*%"SUJDMF*%MFOUMPOH46 BAN Exporting Harm47 http://www.emb.gov.ph/hazardous/Treater.PDF48 A. Papa, Hazardous waste piling up in Manila, Philippine Daily Inquirer, January 24, 2010. Available online: http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20100124-249217/Hazardous-waste-piling-up-in-Manila (accessed June 20, 2010). 49 Materials for the Future Foundation. CRT Glass to CRT Glass Recycling, September 2001. 50 Malabon e-waste interview (2009)51 Payatas e-waste interview (2009)52 K. Adraneda, Green group wants government to douse open burning, The Philippine Star, March 2, 2009. Available online: http://www.philstar.com/Article.aspx?articleid=444778 (accessed June 20, 2010). 53&DPXBTUFmFMEJOUFSWJFX+BOVBSZ54 Electronic waste in the Philippines Status, 3R and policy issues55 HMR Envirocycle website56 Video from DTI BOI, JICA, UNDP on Envirocycle website57 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0096:20080321:EN:PDF58 http://europa.eu/eur-lex/pri/en/oj/dat/2003/l_037/l_03720030213en00190023.pdf 59 http://www.electronicstakeback.com/promote-good-laws/state-legislation/60 http://www.pcworld.com/article/195205/india_plans_laws_on_ewaste_management.html

61 http://moef.nic.in/downloads/public-information/Draft%20E-waste-Rules%2030.3.10.pdf

62 http://www.chanrobles.com/republicactno9003.htm

63 Sec. 4(b), RA 6969.64 4FDE

3"4FDIPG3"EFmOFTIB[BSEPVTXBTUFTBT [S]ubstances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of Philippines. 65 Sec. 31(1), AO 29.66 Annex A, AO 28.67 Akbayan v. Aquino, Petition for Mandamus and Prohibition, 9 n.30 (S.C. 9 Dec. 2005). (Phil), available at http://pcij.org/ CMPHXQEPDT"LCBZBOQFUJUJPOSF+1&1"QEG5IF+5&1"XBTTUSPOHMZPQQPTFECZTPDJBMNPWFNFOUTCPUIJO5IBJMBOE and Japan, available at http://www.bilaterals.org/spip.php?rubrique11568 Japan Accused of Breaching Toxic Waste Trade Treaty, Environmental News Service, 14 March 2007 available at http://www.ens-newswire.com/ens/mar2007/2007-03-14-02.html.69 Richard Gutierrez, New Age Trade Agreements and their Possible Contribution to Toxic Trade vol. 2, Environmental Law Network International 2010, p. 46.