Wasting the Nation.indd - Groundwork

Chapter 3: The politics of wasteimports into Africa through the Bamako Convention. 27 Basel countered Bamako andtook the initiative away from Africa. It was negotiated in the late 1980s and came intoforce in 1992. It permits toxic trading between any countries that agree to it subjectto various regulatory requirements such as documenting shipments. In March 1994,however, negotiators proposed ‘the Basel ban’ amendment to prohibit hazardous wasteexports from OECD countries – that is, rich countries – to non-OECD countries. 28It was adopted in 1995 and carries some moral force but not enough countries haveratified the amendment so it has not entered into force legally. 29 The agreement that islegally in force merely allows individual countries to prohibit waste imports. The US,as usual, has not ratified Basel and is therefore not legally bound by it.As the ‘Basel ban’ battle raged, it was discovered that the DEAT had handedgovernment’s authority to issue trading permits to a private consultant with close ties tothe waste industry – in fact the same consultant that had drafted the pro-trade policy.The consultant then approved a shipment of toxic waste from Finland but ignored therequirements of the Basel Convention. The shipment was thus illegal and, when thenews broke, already on its way. EJNF called for the DEAT Director General’s head.Earthlife took to the streets once more. Transport workers threatened to embargothe cargo. Seriously embarrassed, government ordered the ship back. It also agreedto ban the import of all toxic wastes and to include civil society representatives in itsdelegation to the Basel negotiations. Activists hoped that this marked an “irreversibleturning point” in policy. 30The Department of Trade and Industry, however, seemed unimpressed by the ban.While DTI simply ignored questions posed in South Africa by EJNF, government didrespond to questions posed by European politicians. It claimed that South Africa mustcontinue importing toxic wastes produced in neighbouring countries which did not27 Bamako was negotiated in the context of the Organisation of African Unity. It was never ratified by enoughAfrican countries and so has never entered into force.28 Free traders subsequently weakened the prohibition. The amendment that was actually adopted creates alist of countries who cannot export toxic wastes to those not on the list. At present, OECD countries are listedbut others could be added. If the ban ever comes into force, it is likely that the pressure for new additions willincrease.29 The amendment has been ratified by 63 countries, less than half of the number required for it to come intoforce.30 Toxic waste scandal has positive outcome, EJNF Newsletter, No.7, Spring 1995.Wasting the Nation - groundWork - 47 -