Course 2
Focal Points
and Dumpwatch
Key entities to the Bamako Convention
IntroductionFor the Bamako Convention, only African countries can become parties, as the convention’s primary focus is on prohibiting the import of hazardous wastes into Africa and controlling their movement within the continent.
Initially, a representative of the country, usually someone with the requisite authority (like a Minister or Head of State), may sign the treaty.
This signature doesn’t bind the country to the treaty’s provisions but indicates the country’s intent to consider it for ratification.
Once a country has ratified, accepted, or acceded to the treaty, they will deposit the instrument of ratification, acceptance, or accession with the designated depositary. For the Bamako Convention, the depositary is the Secretary-General of the Organization of African Unity (OAU), now the African Union (AU).
3 months after the deposit, the convention enters into force and the country officially becomes a party to the convention and must undertake specific obligations such as ensuring that domestic laws and regulations are aligned with the Convention’s provisions, as well as reporting on implementation progress.
Parties are also required to provide notifications and relevant documentation for the transboundary movement of hazardous waste. This includes information about the waste's characteristics, its source, and the intended disposal or recycling facilities.
Designation of Competent Authorities, Focal Point and Dumpwatch
Under the Bamako Convention, there are specific designations for Competent Authorities, Focal Points, and Dumpwatch (Article 5).
These designations play important roles in the implementation and enforcement of the convention.
Each party must inform the Secretariat, three months of the date of the entry into force of this Convention for them, which agencies they have designated as their focal point and their competent authorities.
- Designation: Each Party (country) to the Bamako Convention is required to designate one or more competent authorities responsible for various aspects of the convention's implementation. Competent authorities are responsible for granting or refusing consent for the transboundary movement of hazardous waste, and they are the main governmental bodies overseeing the convention's implementation within a country. The Bamako Convention is based on Article 11 of the Basel Convention, so Parties can designate the same competent authorities for both conventions.
- Role: Competent authorities are responsible for evaluating and processing requests for Prior Informed Consent (PIC) for the import and export of hazardous waste. They review notifications and ensure that proposed movements comply with the convention's requirements. The competent authority from an exporting country engages in the prior informed consent and notification procedures with the competent authority of an importing country before the transboundary movement of hazardous waste can take place. These authorities also play a key role in overseeing and regulating hazardous waste management within their own territories.
- Designation: Each Party is required to designate a national focal point for the Bamako Convention. This focal point serves as the primary contact and liaison between the Party and the Secretariat of the Convention.
The Bamako Convention is based on Article 11 of the Basel Convention, so Parties can designate the same focal points for both conventions. - Role: The focal point is responsible for facilitating communication and cooperation between the Party and the convention's Secretariat.
They handle the exchange of information, reports, and notifications between the Party and the Convention's governing body.
The focal point also plays a role in coordinating and reporting on the implementation of the convention at the national level.
- Designation: “Dumpwatch” is a term used to refer to the entities or organizations that monitor and report on activities related to the illegal dumping or transboundary movement of hazardous waste in violation of the convention (i.e, a watchdog).
- Role: Dumpwatch organizations, can be NGOs, community groups, or government agencies, that are responsible for surveillance and reporting on any illegal or unauthorized dumping or movement of hazardous waste that may pose a threat to the environment or public health.
They help in raising awareness, sharing intelligence so that suspicious activities can be investigated, and in reporting violations to the relevant authorities.
They ensure that each Party has the necessary administrative and enforcement mechanisms in place to effectively carry out the obligations of the convention and to promote responsible management and transboundary movement of hazardous waste.
Additionally, these designations facilitate cooperation, information exchange, and coordination among Parties and with the convention's Secretariat.
