Introduction

History of the convention

• In the latter half of the 20th century, as industrialization accelerated globally, concerns grew regarding the environmental and health impacts of hazardous wastes. Developed nations illegally exported their hazardous wastes to less-developed countries, including Africa, because it was cheaper than to dispose of at home. And also because most developing countries have weak infrastructures, weak/non-existent waste management regulations and enforcement mechanisms.
  
  
• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted in 1989, and entered into force in 1992. Primary objectives were to: minimize the generation of hazardous wastes in terms of quantity and hazardousness: encourages the adoption of environmentally sound waste management (ESM) practices and technologies, thereby promoting recycling, recovery, and disposal methods that minimize environmental impacts; strictly control the transboundary movements of hazardous and other wastes by requiring prior informed consent from importing and transit countries before such movements can take place; combat illegal trafficking of hazardous and other wastes.
  These objectives collectively aim to protect human health and the environment from the adverse effects of hazardous and other wastes. However, the African region felt that the Basel Convention did not fully address Africa's specific challenges and vulnerabilities when it came to the illegal dumping from more developed countries.
  
  
• The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa, was established in response to growing concerns about the dumping of hazardous wastes in Africa by developed countries.
  During the late 1980s and early 1990s, there was increasing awareness and alarm in African countries about the illegal import of hazardous wastes from industrialized nations. These wastes posed significant risks to human health and the environment. The Basel Convention, adopted in 1989, did not fully address the concerns specific to Africa, prompting the need for a regional agreement. In 1988, the Organization of African Unity (OAU), now the African Union (AU), called for urgent action to prohibit the illegal import of hazardous wastes into Africa.
  This led to a meeting of African environment ministers in Bamako, Mali, in January 1991. The ministers agreed on the need for a regional convention and began drafting the text. The draft convention was based on the principles of the Basel Convention but included stricter provisions to address Africa's specific needs and concerns. The drafting process was facilitated by the OAU and involved extensive consultations among African countries. The Bamako Convention was adopted on January 30, 1991, by 51 African states during the Conference of the African Ministers of Environment held in Bamako, Mali. It entered into force on April 22, 1998, after receiving the required number of ratifications from African states.
  This marked the beginning of its implementation, focusing on banning the import of hazardous wastes and ensuring environmentally sound management of such wastes generated within Africa.
  The primary objectives of the Bamako Convention are to prohibit the import of all hazardous and radioactive wastes into Africa, ensure the minimization and control of transboundary movements of hazardous wastes within Africa, and promote the environmentally sound management of hazardous wastes within the continent.
  

The structure of the Convention

• The Conference of the Parties: Article 15 paragraph 4 (e) of the Bamako Convention establishes a Conference of the Parties, made up of Ministers having the environment as their mandate; requests the Conference of the Parties to keep under continued review and evaluation the effective implementation of the Convention; and in addition to establish such subsidiary bodies as are deemed necessary for the implementation of the Convention, and to adopt rules of procedure for itself and for any subsidiary body it may establish. It is the governing body of the Bamako Convention and is composed of Ministers, belonging to countries that have accepted, ratified or acceded to the Convention.
  The Conference of the Parties reviews and evaluates the implementation of the Convention; reviews the list of chemicals and products under the scope of the Convention; and reviews and adopts the programme of work and budget of the Convention for each biennium.
  
  
• Bureau of the Conference of the Parties: The selection of the Bamako Convention Bureau involves a process governed by the rules and procedures established by the Convention. During COP meetings, member states elect the Bureau members. The Bureau typically consists of representatives from a few member states, ensuring regional balance and representation. It consists of One President, and 4 Vice-Presidents one of which is the Rapporteur. The term of office for Bureau members is determined by the COP but usually serve for two years, with the possibility of re-election. Once elected, Bureau members take on various roles and responsibilities to facilitate the implementation of the Convention.
  The President of the Bureau often plays a leading role in guiding the work of the Bureau, representing the Convention in international forums, and ensuring effective coordination among member states.
  
  
• Subsidiary Bodies to the Conference of the Parties:
  
  
  • The Legal and Technical Working Group (LTWG) -
    The Terms of Reference of the LTWG require each Party to designate a suitable representative and alternate to the Legal and Technical Working Group (LTWG) who may be accompanied by other experts and advisers appointed by that Party. The Parties may wish to nominate knowledgeable and experienced experts in fields such as law, environmental law, chemistry, chemical engineering, waste management, environment, etc. The Conference of the Parties shall determine the matters to be considered by the LTWG which will fulfill such tasks and report to the next Conference of the Parties.
    
    
  • Ad-Hoc Experts Group on Liabilities and Compensation (AHEG-LC) -
    By Decision 1/19 the First Session of the Conference of Parties established an Ad-Hoc Expert Group on Liabilities and Compensation (AHEG-LC) to meet as necessary to fulfill its tasks as mandated by the Conference of Parties subject to available resources. The Terms of Reference of the AHEG-LC require each Party to designate a suitable representative and alternate to the AHEG-LC who may be accompanied by other experts and advisers appointed by that Party. The AHEG-LC shall prepare a draft protocol setting out appropriate rules and procedures in the field of liabilities and compensation for damage resulting from the transboundary movement of hazardous wastes.
  
  
  
• The Secretariat: The Bamako Convention Secretariat is integral to the effective functioning of the Convention, providing the necessary administration, support and coordination to ensure that member states can work together to prevent hazardous waste imports into Africa and promote environmentally sound management of such wastes.
  The Secretariat arranges for, and services, meetings of the Conference of the Parties, Bureau and Subsidiary bodies. It also prepares and transmits reports to Parties on: information on illegal hazardous wastes import activities in Party states; information relating to dumping of hazardous wastes at sea, including incineration at sea as well as seabed and sub-seabed disposal; information on designations of competent authorities and/or focal points, Dumpwatches; information on the measures adopted by Parties in the implementation of this Convention; and much more.
  

Parties are responsible for enacting and enforcing regulations to govern waste generation, treatment, and disposal within their territories. This includes establishing standards for waste management facilities, monitoring compliance with environmental regulations, and imposing penalties for non-compliance.

Under the Bamako Convention, the general rule is that African countries should not accept the import of hazardous wastes from non-African countries.

Article 4 of the Text of the Convention describes the key obligations to comply with the Bamako Convention. The 30 articles and 3 annexes of the Text of the Convention are available here

1. Hazardous Waste Import Ban

   All Parties shall take appropriate legal, administrative and other measures within the area under their jurisdiction to prohibit the import of all hazardous wastes, for any reason, into Africa from non-Contracting Parties. Import of hazardous wastes is only permitted with the prior written consent of the competent authorities of the importing country, which may impose conditions to ensure environmentally sound management and disposal. Import of hazardous wastes is only permitted with the prior written consent of the competent authorities of the importing country, which may impose conditions to ensure environmentally sound management and disposal.

    

2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters

   1. Parties in conformity with related international conventions and instruments shall, in the exercise of their jurisdiction within their internal waters, territorial seas, exclusive economic zones and continental shelf, adopt legal, administrative and other appropriate measures to control all carriers from non-Parties, and prohibit the dumping at sea of hazardous wastes, including their incineration at sea and their disposal in the seabed and sub-seabed.
      
      
   2. Any dumping of hazardous wastes at sea, including incineration at sea as well as seabed and sub-seabed disposal, by Contracting Parties, whether in internal waters, territorial seas, exclusive economic zones or high seas shall be deemed to be illegal.
    

3. Waste Generation in Africa

Each Party Shall:
1. Ensure that hazardous waste generators submit to the Secretariat reports regarding the wastes that they generate in order to enable the Secretariat of the Convention to produce a complete hazardous waste audit.
2. Impose strict, unlimited liability as well as joint and several liability on hazardous waste generators.
3. Ensure that the generation of hazardous wastes within the area under its jurisdiction is reduced to a minimum taking into account social, technological and economic aspects.
4. Ensure the availability of adequate treatment and/or disposal facilities, for the environmentally sound management of hazardous wastes which shall be located, to the extent possible, within its jurisdiction.
5. Ensure that persons involved in the management of hazardous wastes within its jurisdiction take such steps as are necessary to prevent pollution arising from such wastes and, if such pollution occurs, to minimize the consequence thereof for human health and the environment.