Implementation of the Basel convention in Nigeria

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Implementation of Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their

Disposal in Nigeria

Matemilola Saheed3260012

Seminar: Environmental Governance in Developing Countries

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Background to Basel convention• Hazardous waste is the consequence of all the beautiful industrial

production• It includes:

– bye-products of pharmaceutical industry– Biomedical wastes– Electronic wastes, etc.

• The incidence of ‘Love canal’ in Niagara fall, N.Y in1978 brought the devastating consequence of hazardous waste to light

• As the production of hazardous wastes continue to grow, the big question is where does it end up?

• Events that led to Basel convention– The incidence of Koko village, Nigeria in 1980.– Offer of $600 million dollars to Guinea Bissau govt. for importation of 15

million tons of hazardous wastes in 1988.

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Background to Basel convention

• In 22nd march, 1989, 170 nations gathered in Basel for the first time ever to limit hazardous waste dumping in developing countries.

• The meeting concluded with 105 countries adopting the Basel convention

• The convention entered into force nine days after the date of deposit of the twentieth instrument of ratification on the 5th of May 1992.

• As of 1 January 2011, there are 175 Parties to the Convention.

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• Afghanistan, Haiti and the United States have signed the Convention but have not yet ratified it.

Parties *Non-parties

Source: http://www.grid.unep.ch/wsis/ & http://geodata.grid.unep.ch

• 170 parties to the Basel convention

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• Since its adoption, the Convention has seen a number of significant developments including:– The Amendment to the Convention on the Control of

Transboundary Movements of Hazardous Wastes and their Disposal (“the Basel Ban”) was adopted by the third meeting of the Conference of the Parties (COP) in 1995

– The Basel Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal was adopted by COP 5 in 1999

– A Committee for Administering the Mechanism for Promoting Implementation and Compliance was established at COP 6 in Geneva in 2002

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Background to Basel convention• Reason for amendments to the Basel convention

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• known as the “synergies”, there was also a collaborative effort between the Basel Convention, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants

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Content of Basel convention

• The overarching objective of the Basel Convention is to protect human health and the environment against the adverse effects of hazardous wastes through:– (i) the reduction of hazardous waste generation and the

promotion of environmentally sound management of hazardous wastes, wherever the place of disposal;

– (ii) the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management; and

– (iii) a regulatory system applying to cases where transboundary movements are permissible.

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• Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on:– their origin and/or composition and their

characteristics (article 1 and annexes I, III, VIII and IX),

– wastes defined as “other wastes”; household waste and incinerator ash(article 1 and annex II)

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• General obligations– Parties exercising their right to prohibit the import of

hazardous wastes or other wastes for disposal shall inform the other Parties of their decision(art.4 (1a))

– Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes if the State of import does not consent in writing to the specific import, in the case where that State of import has not prohibited the import of such wastes(art.4(1c))

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• Exception to general obligation (cont’d)– transboundary movement of hazardous wastes

and other wastes is only allowed if:• (a) The State of export does not have the technical

capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner

• (b) The wastes in question are required as a raw material for recycling or recovery industries in the State of import

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• Designation of competent authorities to facilitate implementation and compliance (art. 5)

• Duty to re-import where there is breach of term of contract by the exporting country or exporter (art. 8)

• Illegal trafficking of hazardous waste (art. 9)• Bilateral, multilateral and regional agreements amongst

parties and non-parties (art. 11)• Consultations on liability and compensation where there is

damage resulting from the transboundary movement and disposal of hazardous wastes

• Financial aspects, training and transfer of technology (art. 14)

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Overview of Nigeria

Source: http://www.nepadbiosafety.net/http://www.mapsofworld.com/nigeria/

Map of Africa Map of Nigeria

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Overview of Nigeria• Nigeria is situated on the Gulf of Guinea in West Africa• The population of Nigeria is about 180 million with growth rate of

2.5%• Life expectancy: 47.2 years• Land area: 356,667 sqm (923,768 sq km)• Nigeria has more than 250 ethnic groups, including Hausa and

Fulani 29%, Yoruba 21%, Ibo 18%, Ijaw 10%• More than 65% of the population is engaged in the agricultural

sector• Nigeria signed the Basel Convention document on 15th march, 1990

and ratified it on 13th march, 1991• Nigeria also ratified the amendment to the Basel Convention on

24th may, 2004

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Overview of Nigeria

• Nigeria has the biggest market for hazardous wastes in west Africa– Influx of e waste for charity

– Illegal trading in hazardous wasteSource: www.vanguardngr.com/2013/08/chinese-firm-sells-toxic-waste-to-nigerian-importer/fake-products/

Chinese company import toxic waste as caustic soda

Imported used electronics for charity

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Implementation of Basel convention: National strategies, plans or programs

• Art.4(4) requires that each Party shall take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the Convention.

• Arising from the Koko toxic waste episode, the Federal Government enacted the Harmful Waste Decree of 1988 – The decree led to the establishment of the Federal Environmental

Protection Agency (FEPA) in 1988– FEPA later evolved into National Environmental Standards and

Regulations Enforcement Agency (NESREA) to address this lapse left after Basel convention

• Basel Convention Coordinating Centre for Training & Technology Transfer for the African Region (BCCC-Africa)

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Implementation of Basel convention: Legal framework

• The Harmful Waste Act 1988 was enacted with the specific object of prohibiting the carrying, depositing and dumping of hazardous wastes on any land, territorial waters and matters relating thereto.

• The jurisdiction of the Act is far reaching as it sought to remove any immunity conferred by diplomatic immunities and privileges Act on any person for the purpose of criminal prosecution

• it focuses mainly on criminal prosecution of damage and does not provide compensation to the victim of the damage.

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• Criminal Prosecution:– Section 6 of the Act provides a very stringent sentence of life

imprisonment and in addition the forfeiture of any aircraft, vehicle or land connected with or involved with the violation

• Enforcement:– Section 25 of the act provides that: “For the purposes of

enforcing this Decree, any authorized officer may, without warrant:

• (a) require to be produced, examine and take copies of, any license, permit, certificate or other document required under this Decree or any regulations made thereunder;

• (b) require to be produced and examine any appliance, device or other items used in relation to environmental protection.

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• Sealing, Seizure and Forfeiture:– Under section 11 of the Harmful Waste Decree, the Director

General of NESREA is empowered to seal up any area or site which has been or is being or will or might be used directly or indirectly for the purpose of depositing or dumping any harmful waste. However, this could only last for 3 months in the first instance and may be extended for a period not exceeding 12 months

– Section 6 of the Harmful Waste Decree allows that authorized law enforcement agent may seize any item or substance which he has reason to believe has been used in the commission of a crime under the particular decree.

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• Arrest:– The act also gives power to an authorized

enforcement agent to arrest person(s) who he has reason to believe has committed an offence under the particular law for the purpose of holding or detaining him

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Implementation of Basel convention: Institutional framework

• Federal ministry of environment– The Ministry was established in June 1999 to ensure effective coordination

of all environmental matters, which hitherto were fragmented– The mandate of the ministry include to:

• Prepare a comprehensive National Policy for the protection of the environment • Prepare periodic master plans for redevelopment of environmental science and

technology • Advise the Federal Government on National Environmental Policies and priorities

and technological activities affecting the environment and natural resources.• Promote cooperation with similar bodies in other countries and with international

bodies connected with the protection of the environment• Cooperate with Federal and State Ministries, Local Government, statutory bodies

and research agencies on matters relating to the protection of the environment • Prescribe standards for and make regulations on water quality, effluent

limitations, air quality, atmospheric protection, ozone protection, noise control as well as the removal and control of hazardous substances, and

• Monitor and enforce environmental protection measures.

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• The focal point is Department of Pollution Control and environmental health department

• The objective of the department is to prevent pollution and manage pollution incidences such as provide quality environment that is adequate for good health and well-being of all Nigerians. To ensure effective discharge of the mandate of the Department, the following strategies are being employed:– Development/Review of environmental policy, standards and guidelines.– Promotion of Pollution Abatement and Waste Management Technologies.– Effective Chemicals Management – “Cradle–to-grave” approach.– Monitoring of Transboundary Movement of Hazardous Toxic Substances -Local and

Interfrontier.– Capacity Building in Enforcement and Appropriate Environmental issues and

technologies.– Environmental Advocacy in Pollution Management and promotion of Community

Based Strategies for Pollution Management.

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• The National Environmental Standards and regulations Enforcement Agency (NESREA) is a Parastatal of the Federal Ministry of Environment was established by NESREA (Establishment) Act, 2007

• NESREA is empowered to enforce all environmental laws, guidelines, policies, standards and regulations in Nigeria, as well as enforcing compliance with the provisions of all international agreements, protocols, conventions and treaties on the environment to which Nigeria is a signatory

Source: http://www.nesrea.gov.ng/activities/index.html

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• Basel Convention Coordinating Centre for Training & Technology Transfer for the African Region (BCCC-Africa) was established in September 1994

• This Center is located within the serene environment of the University of Ibadan

• The core functions of the Basel Centers (BCCCs and BCRCs) are to provide;– 1. Training– 2. Technology transfer– 3. Information– 4. Consulting– 5. Awareness raising

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• Africa and West Asia1/ BCRC for the Arab States in Egypt2/ BCRC in Nigeria 3/ BCRC in Senegal4/ BCRC in South Africa

• Asia and Pacific Region5/ BCRC in China6/ BCRC in Indonesia7/ BCRC in the South Pacific region8/ BCRC in Tehran

• Central and Eastern Europe9/ BCRC in the Russian Federation10/ BCRC in SlovakiaLatin America and the Caribbean11/ BCRC in Argentina12/ BCRC in El Salvador13/ BCRC in Trinidad and Tobago14/ BCRC for Latin America and

• Caribbean region in Uruguay

• 14 BCRCs Regional Centers for Training and Technology Transfers

Source: http://geodata.grid.unep.ch

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Challenges to implementation in Nigeria

• Lack of adequate finance• corruption• low level of technology• unskilled enforcement officers• Low remuneration of enforcement agents• Unskilled company management• lack of modern tools for inspection• Bureaucratic application process• Poor documentation• poverty• Inadequate enlightenment of the populace• Poor judiciary

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Recommendations

• Provision of fund• Improved judicial system• Provision of modern inspection tools• Adequate periodic training of company staff• Proper remuneration of enforcement agents• Rejuvenation of the application and

documentation system• Adequate awareness creation

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References