| This incident needs to make Africans realise that | | | | hazardous wastes and chemicals are present, |
| there is the need to depart from the dependency | | | | hazardous/toxic waste is obviously an inevitable part |
| syndrome of relying on developed countries to help | | | | of every human activity. |
| Africa resolveits economic problems and issues | | | | These examples also confirm that toxic waste is |
| relating to sustainable development. Although | | | | evidently not a thing of the past, but continues to |
| someassistance might be necessary in this regard, | | | | affect the everyday lives of people. Its inherent |
| African countries need to empower themselves at | | | | transboundary nature means that when it causes an |
| national, sub-regional and regional levels, in order to | | | | accident in one country, the effects can be felt in |
| prevent the occurrence of such events. Africa needs | | | | neighbouring countries. This happened in the Sandoz |
| to conduct a self-evaluation of the reasons which | | | | Spill in Switzerland, when in 1986, a factory in |
| lead to such sad incidents. Apart from blaming | | | | Switzerland accidentally spilled chemicals which |
| developed countries where laws are stringent above | | | | inter-alia, polluted the Rhine River in Germany and |
| everything else, Africa also needs to take stock of | | | | other European countries, and many fishes were |
| the factors which are responsible for such acts. | | | | killed. One toxic waste accident can also have a |
| These factors include the promotion of economic | | | | persistent effect for many years, as in Love Canal. |
| activity, corruption, lack of laws or their weak | | | | Here, the adverse impacts of chemical emissions by |
| enforcement when they exist, insufficient public | | | | factories in the US in 1940 were felt 37 years later, |
| enlightenment, inadequate educational curricula in | | | | that is, in 1977, when these substances oozed from |
| primary and high schools as well as universities and | | | | the basement of people’s homes. The |
| low capacity. The answer to these lies in Africa | | | | mismanagement of toxic waste, as well as its illicit |
| empowering itself to deal with these issues by | | | | importation and exportation can also cause other |
| prioritizing and addressing them accordingly. | | | | environmental problems such as pollution and the |
| Such empowerment has begun to an extent. When | | | | emission of greenhouse gases. This could in turn |
| African countries, under the OAU, adopted the | | | | result in climate change. Above everything else, toxic |
| Bamako Convention on the Ban of the Import into | | | | waste accidents not only cause fatal diseases in |
| Africa and the Control of Transboundary Movement | | | | human beings, but result in their death as well. |
| and Management of Hazardous Wastes within Africa | | | | In African countries, incidents of pollution of rivers in |
| in 1991, it took seven years for this treaty to come | | | | a village or town and deadly sickness have resulted |
| into force. The main aim of this convention is to ban | | | | from the careless dumping of mining waste and the |
| the entry of toxic waste into Africa, that is, the | | | | use of certain chemicals in mining activities. Cases in |
| prevention of cases such as Probo Koala. This | | | | point are Zambia’s copper mining activities in its |
| convention, adopted two years after the global Basel | | | | Copperbelt area and Ghana’s gold mining |
| Convention on Transboundary Movement of | | | | projects in parts of Ahafo, Tarkwa and Abekwasi. |
| Hazardous Waste with developed countries in 1989, | | | | Hence, toxic waste incidents do not only suggest the |
| showed a dissatisfaction on the part of these | | | | occasional fatal tragedy where ships carry deadly |
| countries with developed countries’ dumping | | | | chemicals to export or dump in a country, but are |
| toxic waste in Africa, a trend which had become | | | | inextricably linked to the daily lives of Africans. |
| very common in the 1980s. Basel sought to regulate | | | | Where the lives of citizens in local communities are |
| the importation and exportation of certain categories | | | | affected as have been in these cases here, how do |
| of toxic waste between developed and developing | | | | these victims seek timely, adequate and effective |
| countries, subject to the incorporation of | | | | legal redress in the absence of a national law which |
| environmentally sound principles. This treaty further | | | | addresses these issues? |
| aimed at banning trade in extremely high forms of | | | | In light of incidents such as Probo Koala and these |
| toxic waste such as PCBs altogether. On the other | | | | examples, is it sufficient for an African country to |
| hand, Bamako prohibited any form of toxic waste | | | | simply rely on the provisions of Bamako or Basel, or |
| imports or exports from the first world to Africa, but | | | | should each one of the 53 African countries have a |
| permitted African countries to promote such trade in | | | | national law which forbids illicit imports of toxic waste, |
| some forms of toxic waste, subject to the inclusion | | | | as each of these conventions do require? Why have |
| of ecologically rational principles. However, with | | | | these countries not all conformed to this requirement, |
| Basel’s Ban Amendment which seeks to forbid | | | | and in cases where there are fragmented laws, |
| the transboundary movement of hazardous waste | | | | simply consolidated them? With a national law, |
| from OECD to non-OECD countries, Basel could have | | | | individuals, companies and other parties in countries |
| similar aims to Bamako. The Ban Amendment is still | | | | can easily resort to provisions for interpretation, and |
| not yet in force though. | | | | it could be easier to ensure |
| Both the Basel and Bamako Conventions require that | | | | penalties—imprisonment, fines and other measures |
| importing countries and countries in transit need to | | | | for such acts which are crimes against humanity. |
| receive prior information and documentation about | | | | Such a law could clearly illustrate the classes of |
| the characteristics of future imports of hazardous | | | | waste which should be traded in but subject to which |
| waste from exporting countries. Countries also need | | | | internationally acceptable and recognized standards |
| to enact national legislation which conforms to the | | | | and which ones should be banned. This recommended |
| ideals of these two conventions. Parties need to | | | | municipal legislation could also provide a definition of |
| ensure that any waste which they produce is | | | | what amounts to toxic waste, with relevant |
| recycled or disposed of in an environmentally sound | | | | explanatory memoranda where necessary, and the |
| manner. Member states of these conventions also | | | | exact effects of each type of waste on human |
| have an obligation not to accept any substances if | | | | health and the ecology, based on empirical scientific |
| they are not sure about the scientific effects, | | | | evidence. Compliance and liability at municipal level |
| thereby, promoting the important precautionary | | | | then become easy to deal with. |
| principle of international environmental law. This | | | | Such recommended national laws should also conform |
| principle is essentially one of foresight and alertness. | | | | to the obligations of African countries under the |
| Under the Bamako Convention, African countries | | | | Rotterdam Convention on the Prior Informed |
| need to establish a Dumpwatch mechanism to play a | | | | Consent Procedure for Certain Hazardous Chemicals |
| watchdog role by alerting the secretariat of this | | | | in International Trade (1998) and the Stockholm |
| convention, the then OAU (now the AU), in Addis | | | | Convention on Persistent Organic Pollutants (2001). |
| Ababa of such potential shipments. Hence, when in | | | | Where they have not ratified Rotterdam and |
| 2000, the MJ Jona vessel suddenly appeared in Banjul | | | | Stockholm, it may be advisable to do so, as these |
| ports carrying about 1600 tonnes of substances | | | | two treaties, in addition to Basel, regulate wastes |
| suspected to be toxic waste, the Gambian National | | | | which also include chemicals and pesticides, all of |
| Environmental Management Agency, the Gambia | | | | which are used in Africa. In addition to sending |
| Police Force and the Gambia Ports Authority sent a | | | | officials from ministries and customs officers for the |
| Note Verbale to the OAU, reporting this incident. The | | | | green training programmes of such treaties, African |
| OAU quickly liaised with these authorities in The | | | | countries also need to train other affected members |
| Gambia, UNEP in Nairobi and other agencies, and | | | | of the society such as farmers on the objectives of |
| these agencies collaboratively sent the vessel out of | | | | these treaties, as ideally reflected in a national law. |
| The Gambia. In that same year, the Orient Flower, a | | | | Many farmers, particularly those in Africa’s rural |
| Romanian ship carrying material which was suspected | | | | communities, owing to reasons of insufficient levels |
| to be toxic waste, appeared in the ports of Senegal. | | | | of awareness, continue to use obsolete pesticides |
| This information was sent to the Nigerian Ministry of | | | | and chemicals during their farming practices, for |
| Foreign Affairs which communicated this news to the | | | | ripening tomatoes and other purposes. The long-term |
| OAU. The OAU then collaborated with the | | | | effects become damaging to their health. Farmers |
| Senegalese authorities to dispatch the ship back to | | | | could then benefit from receiving training on the |
| Romania. These two cases show that contrary to | | | | requirements of a national law, in a language they can |
| certain perceptions, the Bamako Convention is | | | | easily grasp and comprehend, with the provision of |
| functional in a sense and African countries have to an | | | | alternative and more suitable chemicals which they |
| extent, implemented the Dumpwatch, as required by | | | | need to use. |
| this treaty. However, these are just very few | | | | Regarding the proposed national legislation, Côte |
| examples, because even after Bamako, with the | | | | d’Ivoire enacted its law on toxic waste as far |
| occurrence of Probo Koala, such a precautionary | | | | back as 1988. It also has provisions which seek to |
| approach needs to be enforced by every African | | | | promote a human right to a decent environment in |
| country. Furthermore, toxic waste dumping is not an | | | | its constitution of 2000. Its Loi. No. 96-766 of 1996 |
| issue of the past and keeps re-occurring. | | | | portant Code de l’Environnement (1996) also |
| Indeed, hazardous waste does not only suggest | | | | seeks to enhance the precautionary and other |
| scenarios where it is transported on a ship and | | | | environmental principles. Egypt enacted its law on |
| dumped from one country to another. On the | | | | toxic waste in 1994 and Nigeria in 1988, after its |
| contrary, hazardous waste affects the existence of | | | | similar disaster where PCBs and other toxic waste |
| the daily life of every individual. When bleaching | | | | were dumped from Italy to Nigeria that year. Ghana |
| cream is brought in from neighbouring countries such | | | | and South Africa both have a series of fragmented |
| as Togo for sale and use in Ghana, some of these | | | | legislation covering the regulation of pesticides and |
| creams contain hazardous chemicals such as PCBs, | | | | other chemicals. In a case such as Nigeria which |
| which are poisonous and deadly for the human body. | | | | currently witnesses the illicit dumping of obsolete and |
| When used batteries from torches, radios and other | | | | toxic computers, some amendments could be made |
| electrical equipment are placed at dump sites where | | | | to its law, so that the aims of Basel, Rotterdam and |
| scavengers and children can freely open them up, it | | | | Stockholm are all realized at respective national levels. |
| must be borne in mind that these batteries contain | | | | In the cases of South Africa, Ghana and other |
| deadly chemicals such as cadmium, which inflict perils | | | | African countries which have pieces of policies and |
| on the respiratory organs of human beings and cause | | | | law, they could consolidate these laws for more |
| other diseases, as well as atmospheric pollution, | | | | uniformity, and also, ensure that the requirements of |
| pollution to rivers and others. When car batteries are | | | | these globally ratified treaties are reflected |
| being recycled for use and sale, these substances | | | | accordingly in national law. |
| contain a form of lead which is another hazardous | | | | It is further important that regional blocs such |
| substance but is recycled in an environmentally sound | | | | ECOWAS and the EAC, just like AU, SADC and |
| manner with sophisticated technology. This is a | | | | COMESA provide stipulations which govern |
| practice which is promoted by the | | | | environmental issues including waste imports and |
| Johannesburg-based Fry’s metals company and is | | | | exports. This is precisely what the EU and NAFTA |
| indeed worthy of emulation. This is why used car | | | | have done. These African regional blocs should spell |
| batteries, upon being recycled for sale in certain rural | | | | out clear and specific guidelines on how each form of |
| communities of Niger, in the face of meagre | | | | waste should be treated, recycled and disposed of. |
| infrastructure and lack of sound ecological principles, | | | | Africa’s regional mechanisms can further liaise |
| caused all manner of disasters to the human beings | | | | more closely with the Basel Regional Centres in |
| practising this business, their livestock and other | | | | Dakar, Ibadan and Pretoria, in order to monitor |
| forms of lives. | | | | relevant trends, organise collaborative workshops and |
| When companies such as Ghana’s Tema Oil | | | | regulate toxic waste trade. These regional blocs |
| Refinery and Côte d’Ivoire’s Société | | | | should further enforce the Protocol on Liability and |
| Ivorienne de Raffinage import crude oil for recycling | | | | Compensation under the Bamako Convention, as |
| and refining for sale, the crude oil is processed with | | | | Basel’s Protocol on Liability and Compensation, |
| some amount of toxic chemicals which need to be | | | | adopted since 1999 is still not yet in place. At the |
| managed carefully lest they cause a negligent spill and | | | | regional level of the European Union (EU) though, EU |
| cause hazardous perils. These two companies are | | | | member states have diligently ensured that there are |
| success stories which can be followed in other parts | | | | sufficient stipulations on compliance and liability at |
| of the African continent. Fluorescent tubes, clinical | | | | respective national levels and at the regional level, to |
| themometres and certain forms of medical waste are | | | | promptly and efficiently hold offenders accountable |
| said to contain some amount of mercury which | | | | when necessary. Africa can follow this example. The |
| affects the nerves and can cause physical paralysis, | | | | US may not be a member to the Basel Convention |
| psychological disorders and other forms of sickness in | | | | for instance, but this country has diligently ensured |
| human beings. Hence, the manner in which they are | | | | that at various federal levels, different laws are |
| disposed of, after being used, is one which requires | | | | enacted in its states to promote sound waste |
| caution. Certain categories of asbestos used in | | | | management practices in reality. |
| roofing sheets, named as carcinogenic asbestos, can | | | | As such, it is imperative that African countries enact |
| cause cancer in human beings. The desire to phase | | | | and enforce appropriate national laws to conform to |
| out lead in gasoline, as evidence in the UNEP Dakar | | | | their requirements under the Basel, Stockholm, |
| Declaration on the Phase-Out of Leaded Gasoline in | | | | Rotterdam and Bamako Conventions, with the exact |
| Sub-Saharan Africa and the intent to eliminate leaded | | | | procedures and penalties in the absence of |
| petrol, as shown in the WSSD Declaration on the | | | | compliance. With the occurrence of Probo Koala and |
| Phase-Out of Leaded Petrol in Sub-Saharan Africa, is | | | | other pressing toxic waste issues faced at home, |
| a move to enable African and other countries to | | | | these are some of the lessons and recommendations |
| depart from using leaded gasoline and petrol, as lead | | | | which African countries could adopt to suit their |
| can cause nervous disorders. Based on these which | | | | peculiar circumstances, as they strive to attain the |
| are just a few examples of the instances where | | | | goals of sustainable development. |