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Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

  • The Basel Convention was adopted on 22 March 1989 in Basel, Switzerland, in response to public outrage over the discovery in the 1980s of toxic waste dumping in Africa and other developing regions. This “toxic trade” emerged as a consequence of rising environmental awareness, stricter waste regulations, and increasing disposal costs in industrialized countries, which pushed some operators to seek cheaper and less regulated disposal sites abroad.
  • The Basel Convention does not cover the transboundary movement of radioactive waste, as this is regulated separately under the mandate of the International Atomic Energy Agency (IAEA).
  • The Convention entered into force in 1992, aiming to combat the unsafe and unethical movement of hazardous wastes.
  • India is a Party to the Basel Convention, having ratified it on 24 June 1992

Objective

  • The primary objective of the Basel Convention is to protect human health and the environment from the adverse effects of hazardous wastes and other wastes requiring special consideration.
  • Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and their characteristics, as well as four types of wastes defined as “other wastes” – household waste, incinerator ash, certain plastic wastes and certain electronic and electrical wastes.

Principal Aims

  • the eduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the place of disposal;
  • 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
  • a regulatory system applying to cases where transboundary movements are permissible.

Regulatory System and Compliance Mechanisms under the Basel Convention

  • The regulatory system forms the cornerstone of the Basel Convention and is founded on the principle of Prior Informed Consent (PIC). Under this system, before any export of hazardous wastes can take place, the authorities of the State of Export must notify the competent authorities of the prospective States of Import and Transit, providing them with detailed information about the intended movement. The shipment can only proceed once all concerned States have provided their written consent, as required under Articles 6 and 7 of the Convention.
  • The Basel Convention also provides for cooperation between parties, ranging from exchange of information on issues relevant to the implementation of the Convention to technical assistance, particularly to developing countries. The Secretariat plays a key role in facilitating and supporting this cooperation, serving as a clearing-house for information (Article 16).
  • In cases where a transboundary movement of hazardous wastes has been carried out illegally—in contravention of Articles 6 and 7—or cannot be completed as planned, the Convention places responsibility on one or more of the States involved. It obliges them to ensure the safe disposal of the wastes, either by re-importing them into the State of Generation or by arranging for another environmentally sound disposal method (Articles 8 and 9).

Regional and Sub-Regional Centres for Capacity Building

  • The Basel Convention provides for the establishment of regional or sub-regional centres dedicated to training and technology transfer in the management of hazardous and other wastes, as well as the minimization of their generation, tailored to the specific needs of different regions and subregions (Article 14).
  • Fourteen such centres have been established worldwide, conducting training programs, capacity-building initiatives, and technical assistance activities within their respective regions.

Significance of the Basel Convention

  • The Basel Convention establishes a legally binding framework to control the transboundary movement of hazardous and other wastes.
  • It helps prevent the dumping of toxic wastes in countries with weaker environmental regulations and limited waste management capacity.
  • The Convention promotes the environmentally sound management of hazardous wastes at all stages, from generation to disposal.
  • It encourages the minimization of hazardous waste generation at the source through sustainable production and consumption practices.
  • The Prior Informed Consent (PIC) procedure under the Convention ensures transparency and accountability in waste trade between countries.
  • It prohibits the export of hazardous wastes to certain regions, such as Antarctica and non-Parties, thereby protecting ecologically sensitive areas.
  • The Convention fosters international cooperation by facilitating information exchange, technical assistance, and technology transfer.
  • It strengthens the capacity of developing countries to manage hazardous wastes through regional and sub-regional training and technology transfer centres.
  • By addressing illegal trafficking of hazardous wastes, the Convention upholds principles of environmental justice and equity.

FAQs on the Basel Convention

Q1. Why was the Basel Convention adopted?

It was adopted in 1989 to combat the “toxic trade” of hazardous wastes from industrialized to developing countries.

Q2. When did the Basel Convention come into force?

It entered into force in 1992.

Q3. What is the main objective of the Basel Convention?

To protect human health and the environment from hazardous and other wastes requiring special consideration.

Q4. What is the Prior Informed Consent (PIC) procedure?

A system where exporting states must notify importing and transit states and obtain their written consent before hazardous waste movement.

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