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A guide to the Chemicals and Waste MEAs that South Africa is a party to, and committed to

CHEMICALS AND WASTE MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAs) MADE EASY

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First published in 2014, by the Department of Environmental Affairs (DEA)

Copyright © 2014 DEA

Design and layout by

Chief Directorate: Communications

Pretoria, South Africa

CHEMICALS AND WASTE MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAs) MADE EASY

A guide to the Chemicals and Waste MEAs that South Africa is a party to, and committed to

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Preparation team for this guide

• Ms Noluzuko Gwayi, Senior Policy Advisor (Director): International Chemicals and Waste Cooperation

• Mr Teboho Sebego , Policy Analyst (Deputy-Director): International Chemicals and Waste Cooperation

Acknowledgements

The preparation team acknowledges the contributions made by the following:

• United Nations Environment Programme (UNEP)

• Colleagues within the Department of Environmental Affairs

• The Multi-stakeholder Committee on Chemicals Management (MCCM), championed by the Department of Environmental Affairs

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FOREWORD

Chemicals are needed for various purposes ranging from, controlling pests to increase food production in the Agricultural sector, administration of some immunizations and measuring of human health indicators in the healthcare sector, purification of water in the water sector, and in the production of industrial and household cleaning materials, among other needs. More chemicals are produced and introduced in the market than are generally known and understood by the policy makers and the general public. Some of these chemicals are very toxic and highly hazardous and thus can cause serious harm to the environment and human health.

Due to an increase in the extent and how widespread some of these observed and reported adverse effects have been and can become, the United Nations Environment Programme (UNEP) has been focusing on coordinating scientific research on the possible negative impacts of chemicals that have been reported to cause harm in the environment and human health, and collating such data to a global level whereby it is reviewed and a decision of whether to undertake global action on such chemicals or not is subsequently made, informed by the scientific results and negotiations undertaken by countries. Negotiations may culminate in the formation of a legally binding instrument to ensure that such chemicals are managed in an environmentally sound manner throughout their life cycle; including phasing them out and replacing them with safer and environmentally friendly alternatives.

Since 1994, South Africa has become a Party to various Multilateral Environmental Agreements and the need has been identified to provide a guide on the various Agreements as well as the functioning of the structures that influence the effectiveness of the Agreements and the various implementing bodies. MEAs play a critical role in the overall framework of environmental laws and conventions. Complementing and enhancing national legislation and bilateral or regional agreements, MEAs form the overarching international legal basis for global efforts to address possible harm to the environment and human health. Chemicals respect neither borders nor vast oceans that separate continents, thus a collective effort by all relevant stakeholders is crucial for the full realization of the environmentally sound management of chemicals throughout their lifecycle to protect the environment and human health.

The Department of Environmental Affairs is the Focal Point for the Chemicals and Waste Multilateral Environmental Agreements (MEAs) that South Africa is a Party to and committed to. This guide (Volume 1) was developed by the Directorate: International Chemicals and Waste Cooperation within the Chief Directorate: Chemicals Management. As one of the efforts of a multi-stakeholder approach to efficient environmentally sound management of chemicals throughout their lifecycle to protect the

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environment and human health, this guide has been developed to enhance understanding of MEAs by policy makers, and the general public requiring background information, as well as a reference tool for policy makers that are involved in the implementation, and negotiation of MEAs.

It is worth appreciating the comments provided by the various stakeholders within the Multi-stakeholder Committee on Chemicals Management (MCCM) championed by the Branch: Chemicals and Waste of the Department of Environmental Affairs.

Ms Noluzuko Gwayi Senior Policy Advisor (Director): International Chemicals and Waste Cooperation

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The Department of Environmental Affairs is the

Focal Point for the Chemicals and Waste Chemicals and

Waste Multilateral Environmental Agreements (MEAs) that

South Africa is a Party to and committed to

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TABLE OF CONTENTS

I. What are Multilateral Environmental Agreements (MEAs)

II. Clusters of MEAs

III. How are MEAs developed from negotiation to ratification

IV. Key concepts

A. List of Chemicals and Waste Multilateral Environmental Agreements (MEAS) that South Africa is a Party to, or committed to:

B. Definitions of terminology/Acronyms:

1. Basel Convention on the Transboundary Movements Of Hazardous Wastes and their Disposal; in short named “The Basel Convention”

2. The Bamako Convention on the Ban of the Import into Africa and the Control Of Transboundary Movement and Management of Hazardous Wastes within Africa

3. Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, in short, “The Rotterdam Convention”

4. Stockholm Convention on Persistent Organic Pollutants (POPs)

5. Vienna Convention for the Protection of the Ozone Layer

6. The Montreal Protocol on Substances that Deplete the Ozone Layer

7. International Conference on Chemicals Management (ICCM)

8. The Strategic Approach to International Chemicals Management (SAICM)

9. The Minamata Convention on Mercury

10. References

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I. WHAT ARE MULTILATERAL ENVIRONMRNTAL AGREEMENTS (MEAs)

MEAs are international legal instruments that: • Are agreements between three or more states relating to the environment. It is

called a bilateral environmental agreement if the agreement is between two nation states.

• They are predominantly produced by the United Nations. • Have a goal of environmental protection (sustainable development).• Take measures to remedy, mitigate or otherwise deal with global and/or regional

environmental concerns.• Are concluded between a large number of states or international organisations as

parties.• Can be embodied in a single instrument or more related instruments.• Are governed by international law.

II. CLUSTERS OF MEAs

The core MEAs are divided into five categories based on the issue they primarily deal with.

The five categories are:

1. Biodiversity

2. Land

3. Seas

4. Chemicals and Hazardous Waste

5. Atmosphere

MEAs can be either self-contained conventions (working through annexes or appendixes) or operate as the framework convention that can develop protocols for addressing specific subjects requiring more detailed and specialised negotiations. The objectives and goals of MEAs vary significantly even within a cluster. The common aspects include the sustainable development, sustainable use of natural resources and the environment, or the protection of the environment in such a way as to ensure its sustainable use.

The Environmentally Sound Management (ESM) of chemicals and hazardous waste is also an important cross-cutting thematic issue, which cuts across the Chemicals and Hazardous Waste conventions, some biodiversity-related conventions, and the regional

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seas conventions and related agreements. All of these conventions in one way or another address the need for the prevention of pollution.

The MEAs in the cluster on chemicals and hazardous waste are all dealing with the ESM of chemicals and hazardous waste and are directly relevant to Cleaner Production. The main treaties of this cluster are the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, the Rotterdam Convention on the Prior Informed Consent for Certain Hazardous Chemicals and Pesticides in International Trade, and the Stockholm Convention on Persistent Organic Pollutants (POPs). These Conventions are complemented by a number of other legal documents and regional agreements.

The Basel and Stockholm Conventions are the most relevant to Cleaner Production treaties; both contain strong language on Cleaner Production. These conventions are covered in detail below. The Rotterdam Convention aims to contribute to environmentally sound use of chemicals. Thus, the treaty’s requirements on information exchange cover certain aspects of Cleaner Production, such as safer alternatives to the hazardous chemicals; cleaner technology, and developing infrastructure to manage chemicals throughout their life cycle.

Several agreements of the cluster on atmosphere encourage Cleaner Production, including the Montreal Protocol on Substances that Deplete the Ozone Layer, and the Kyoto Protocol to the United Nations Framework Convention on Climate Change. Under the Montreal Protocol, Cleaner Production strategies for safer alternatives are a cornerstone of compliance with the control measures to eliminate ozone-depleting substances. The Protocol requires information exchange on “possible alternatives to controlled substances, to products containing such substances, and to products manufactured with them”. Parties are also required to ensure transfer to the Parties in need for assistance “the best available, environmentally safe substitutes and related technologies”. Implementation of the Protocol involves practical application of Cleaner Production.

The overview above demonstrates that all Conventions of these clusters therefore, contribute not only to the goals of each treaty, but also enhance synergies among the Conventions.

III. HOW ARE MEAs DEVELOPED FROM NEGOTIATION TO RATIFICATION?

• Development of MEAs generally takes a significant amount of time that spans over several years.

• The development of MEAs are often triggered by concerned scientists that show initial evidence through scientifically generated data, of the scale of the problem and policy debates at regional and global levels.

• The United Nations Environment Programme (UNEP) has often played a crucial role in bringing international consensus on the need to address problems through MEAs.

• Countries normally become bound by the rules of the convention through the

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following process:o The country signs the convention, often by a government

representative. This signals the acknowledgement of the text of the convention and the intention of the country to become a member but is not yet binding for the country.

o Then the Parliament (or equal elected body) of the country ratifies (approves the signing of) the convention, at what time the rules of the convention in principle becomes binding for the country.

• However, for most MEAs, a minimum predetermined number of countries have to ratify the convention before it comes into effect or into force.

IV. KEY CONCEPTS

Agreements can either be legally binding or none legally binding instruments. Most of the core MEAs are legally-binding agreements, but there are non-binding, so called “soft law” instruments. The latter instruments help to set out priorities and sometimes lead to development of consequent legally-binding MEAs.

MEAs are not self-executing but are implemented via national legislation and regulatory measures. It is important to appreciate the meaning and difference of three key concepts pertaining to MEAs: implementation of MEAs is a long term process of converting international commitments into regional, and national level action and behavioral change of target groups, i.e. those actors causing the problem in question. It means that to implement MEAs, Parties have to adopt their national legislation and undertake specific programmes and activities. Sometimes there may not be adequate resources to do so. Compliance with treaties refers to whether the countries in fact adhere to the agreement provisions and to the implementing measures that they have implemented, including procedural measures (e.g. national reporting) and substantive measures (e.g. actual elimination of POPs). Some MEAs cover complex activities, as a result monitoring and measuring compliance can be very challenging. In such cases, achieving compliance is generally improved through developing self-implementing rules and incentives.

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A. LIST OF CHEMICALS AND WASTE MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAS) THAT SOUTH AFRICA IS A PARTY TO , OR COMMITTED TO:

1. Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal

2. The Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa. South Africa is not yet a member of this Convention

3. Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

4. Stockholm Convention on Persistent Organic Pollutants (POPs)

5. Vienna Convention for the Protection of the Ozone Layer

6. Montreal Protocol of the Vienna Convention

7. International Conference on Chemicals Management (ICCM)

8. Strategic Approach to International Chemicals Management (SAICM)

9. Minamata Convention on Mercury (signed the text; but yet to ratify the Convention)

B. DEFINITIONS OF TERMINOLOGY/ACRONYMS:

a. Africa Institute (AI)

The Africa Institute for the Environmentally Sound Management of Hazardous and other Wastes. The Africa Institute is a Regional Centre for the Basel and the Stockholm Conventions that South Africa hosts within the Department of Environmental Affairs. It serves primarily all English speaking African countries that are Parties to the Basel Convention, and also those to the Stockholm Convention.

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b. United Nations Programme (UNEP)

The United Nations Environment Programme (UNEP) is the voice for the environment in the United Nations (UN) system. It is an advocate, educator, catalyst and facilitator, promoting the wise use of the planet’s natural assets for sustainable development. UNEP’s mission is “to provide leadership and encourage partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations.”

UNEP does this by:

• Promoting international cooperation in the field of the environment and recommending appropriate policies.

• Monitoring the status of the global environment and gathering and disseminating environmental information.

• Catalysing environmental awareness and action to address major environmental threats among governments, the private sector and civil society.

• Facilitating the coordination of UN activities on matters concerned with the environment, and ensuring, through cooperation, liaison and participation, that their activities take environmental considerations into account.

• Developing regional programmes for environmental sustainability.

• Helping, upon request, environment ministries and other environmental authorities, in particular in developing countries and countries with economies in transition, to formulate and implement environmental policies.

• Providing country-level environmental capacity building and technology support.

• Helping to develop international environmental law, and providing expert advice on the development and use of environmental concepts and instruments.

UNEP’s global base is in Nairobi, Kenya. It is one of only two UN programmes headquartered in the developing world (the other is UNEP’s sister agency UN-

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HABITAT, which is also located in Nairobi). Being based in Africa gives UNEP a first-hand understanding of the environmental issues facing developing countries.

c. United Nations Industrial Development Organization (UNIDO)

UNIDO is the National Cleaner Production Centre that provide support for the South African National Cleaner Production Centre which is now part of the Department of Trade and Industry (DTI) and provides industry with training and opportunities for environmentally sound management to improve resource and energy efficiency to reduce waste. Their main focus areas are chemical, pharmaceutical, agricultural, food and automotive industries add the NCPC under 0 for environmentally sound management

d. United Nations Institute for Training and Research (UNITAR)

Have training programmes especially chemical and waste and Globally Harmonised System programmes in developing countries.

e. Treaty

A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organisations. A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.

f. Multilateral Environmental Agreement (MEA)

See above

g. Protocol

• Protocols are guidelines or rules peculiar to a specific organisation, group or situation which they must adhere to in all their undertakings.

• The customs and regulations dealing with diplomatic formality, precedence, and etiquette.

• An original draft, minute, or record from which a document, especially a treaty, is prepared.

• A supplementary international agreement.

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• An agreement between states.

• An annex to a treaty giving data relating to it.

h. The Conference of the Parties (COP)

The Conference of the Parties (COP) is the “supreme body” of the Convention, that is, its highest decision-making authority. It is an association of all the countries that are Parties to the Convention. The COP is responsible for keeping international efforts to address the specific global challenge of a particular convention. All the states/ governments/countries/ islands that are party to the Convention and as such are members, constituting the primary organ of the Convention. The COP develops the policies that guide the implementation of the Convention, and it can adopt amendments to the Convention, as well as new instruments such subsidiary bodies or committees, Protocols, if it considers that these would assist in the achievement of the goals of the Convention. It reviews the implementation of the Convention and examines the commitments of Parties in light of the Convention’s objective, new scientific findings and experience gained in implementing the Convention.

The COP meets according to previously agreed time frames, unless the Parties decide otherwise. The COP generally meets where the seat of the secretariat is, unless a Party offers to host the session. The frequency and time of meeting of the COP differs from one Convention to the other. The COP Presidency rotates among the five recognised UN regions that is Africa, Asia, Latin America, the Caribbean, Central and Eastern Europe, Western Europe and others. For some Conventions, decisions are made through consensus only, whilst other allow for voting should consensus not be reached by Parties in making a decision.

i. Secretariat

It is an independent body of employees that serves the Convention and its Parties as a Secretariat for all administrative purposes, helping Parties to implement the Convention by providing support to Parties in accordance with the Convention text and instructions from the COP of the Convention. It is administered by the UNEP and is based either in Geneva, Switzerland or Nairobi, Kenya depending on the Convention. The Secretariat reports directly to the COP.

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j. Subsidiary body

The Convention establishes subsidiary bodies according to the need at hand. Subsidiary bodies give advice to the COP and each has a specific mandate given by the COP.

k. Basel Convention Regional Centre (BCRC)

The Basel Regional and Coordinating Centre is a government independent centre based in various UN regions or continents established purely to provide technical assistance, develop and undertake regional projects, and deliver training and technology transfer to Parties within their regions to facilitate the implementation of the Convention. South Africa, through the Department of Environmental Affairs hosts the Africa Institute which serves as the Basel Regional Centre for all English-Speaking African Countries. With the identification and establishment of Synergies within the Basel, Stockholm and Rotterdam Conventions, Regional Centres have been urged to consider work beyond the Conventions they are primarily serving but within the Synergies of the chemicals and waste cluster conventions.

l. Stockholm Convention Regional Centre (SCRC)

The Stockholm Regional and Coordinating Centre (SRCC) is a government independent centre based in various UN regions or continents established purely to provide technical assistance, develop and undertake regional projects, and deliver training and technology transfer to Parties within their regions to facilitate the implementation of the Convention. South Africa, through the department of Environmental Affairs hosts the Africa Institute which also serves as the Stockholm Regional Centre for all English-Speaking African Countries. With the identification and establishment of Synergies within the Basel, Stockholm and Rotterdam Conventions, Regional Centres have been urged to consider work beyond the Conventions they are primarily serving but within the Synergies of the chemicals and waste cluster conventions.

m. Designated National Authority (DNA) or Designated Competent Authority (DCA)

A Designated National Authority (DNA) or Designated Competent Authority (DCA) is the key contact point for matters related to the Convention for other Parties and the Secretariat. It makes possible the dissemination of information concerning the provision of the Convention to the relevant government, departments, as well as to other partners such as export and importing industries and customs officers. The DNA or DCA is responsible for providing information to the Secretariat and to other participating Parties required by the Convention.

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n. Chemical Review Committee (CRC)

The Chemical Review Committee (CRC) is purely a scientific and technical subsidiary committee of the Rotterdam Convention. It reviews proposals in the form of notifications of final regulatory actions together with supporting research data submitted by Parties to the Rotterdam Convention Secretariat for review by the CRC and make where applicable recommendations to the COP for inclusion in Annex III to the Convention, when the set criteria of assessment is met.

o. Persistent Organic Pollutants Review Committee (POPRC)

The Persistent Organic Pollutants Review Committee (POPRC) is a scientific and technical subsidiary committee of the Stockholm Convention that reviews research proposals of POPs candidate chemicals submitted by country parties. It reviews chemical proposals with supporting research data submitted by Parties to the Stockholm Convention Secretariat for review by the POPRC and make where applicable recommendations to the COP for inclusion in the relevant Annexes to the convention, when the set criteria of assessment is met.

p. Hazardous Waste (Act No. 59, 2008; National Environmental Management: Waste Act, 2008)

‘‘Hazardous waste’’ means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment.

q. Toxic Waste

It includes substances harmful to life and the environment, i.e. waste with any of the following characteristics: poisonous, radioactive, flammable, explosive, corrosive, carcinogenic (causing cancer), mutagenic (damaging chromosomes), teratogenic (causing defects in the unborn) or bioaccumulative (accumulating in the bodies of plants and animals and thus in food chains).

r. Environmentally Sound Management (ESM)

Environmentally Sound Management of hazardous waste; integrated life-cycle management; to prevent to the extent possible, and minimize, the generation of hazardous wastes, as well as to manage those chemicals or waste in such a way that they do not cause harm to health and the

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environment. Furthermore, effective control of the generation, storage, treatment, recycling and reuse, transport, recovery and disposal of hazardous wastes is maximised to the extent possible. Also see www.ncpc.co.za

s. Prior Informed Consent (PIC) of the Rotterdam Convention

The PIC is a mechanism for formally obtaining and disseminating the decisions of importing Parties as to whether they wish to receive future shipments of those chemicals listed in Annex III of the Convention and for ensuring compliance with these decisions by exporting Parties.

t. A Party

A State becomes a Party to the Convention, and Optional Protocol by signing and ratifying either instrument or by acceding to them. A precondition to signing and ratifying the Optional Protocol is having signed and ratified the Convention.

u. Signing an MEA

A country signs the Convention, often by a government representative. This signals the acknowledgement of the text of the Convention and the intention of the country to become a member but is not yet binding for the country.

v. Ratification/Acceding/Acceptance/ApprovalofanMEA

The Parliament (or equal elected body) of the country ratifies (approves the signing of) the convention, at what time the rules of the convention in principle becomes binding for the country. However, for most MEAs, a minimum predetermined number of countries have to ratify the convention before it comes into effect or into force.

w. Obligation

Is a compulsory responsibility that a State has towards a specific Convention once it ratifies or becomes a Party to that particular Convention.

x. Persistent Organic Pollutants (POPs)

Persistent Organic Pollutants (POPs) are chemical substances that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. With the evidence of long-range transport of these substances to regions where they have never been used or produced and the consequent threats they pose

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to the environment of the whole globe, the international community has now, at several occasions called for urgent global actions to reduce and eliminate releases of these chemicals.

y. Polychlorinated Biphenyls (PCBs)

These are non-flammable, insulating material used by big electrical industry (Eskom, municipalities, mining industry) as heat exchange fluids or insulating oil in electric transformers and capacitors, and as additives in paints, carbonless copy paper, sealants and plastics.

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In the 1980’s people became

sick from poisons in their environment, especially in some

developing countries.

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1. Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal; in short named “The Basel Convention”

Primary Objective:

The Basel Convention was created to protect human health and the environment against the adverse effects resulting from the generation, transboundary movements and management of hazardous waste throughout their lifecycles, from production or manufacturing and transport to final use and disposal.

The Basel Convention entered into force on 5 May 1992, and South Africa acceded it on

5 May 1994.

Why is the Basel Convention important?

In the 1980’s people became sick from poisons in their environment, especially in some developing countries. The cause of the sickness was traced to the random dumping of hazardous wastes. Hazardous or poisonous wastes are produced during industrial, chemical, and biological processes. Even household, office and commercial wastes contain small quantities of hazardous or poisonous wastes (e.g. batteries, old pesticides and their containers).

Some developed countries were avoiding tightening their local environmental regulations and some industries were avoiding complying with strict environmental regulations in their countries and used to ship toxic hazardous waste to Africa and other regions that were also not able to manage these hazardous wastes in an environmentally sound manner. Once on shore, the toxic hazardous wastes were dumped haphazardly, spilled accidentally or managed improperly, resulting in contaminated land, water and air. Some severe cases highlighted a far more general problem; people are at risk from careless, unregulated, poorly regulated and poorly enforced production and transport of dangerous chemicals. Accidents, spills and unregulated dumping can occur anywhere, polluting the environment, underground water and may adversely affect human health.

Protecting human health and the environment whilst creating jobs and generating income through the transboundary movement of hazardous waste is made possible by observing

the provisions of the Basel Convention.

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How does the Basel Convention work and what job opportunities does it offer?

The Basel convention seeks to ensure that strong controls are applied from the moment of generation of a hazardous waste to its storage, transport, treatment, reuse, recycling,

recovery and final disposal. It rests on two pillars:

• A control system for the transboundary movement of wastes aiming at the reduction of transboundary movement of wastes; and

• The environmentally sound management of wastes aiming at the reduction of the

quantity of wastes to the minimum.

In the beginning, the Convention was particularly concerned with transport, regulating the transboundary of hazardous and other wastes by applying the “Prior Informed Consent” (PIC) procedure. According to this PIC procedure, only shipments between consenting Parties are legal and all shipments made without such consent are illegal. Furthermore, shipments to and from non-Parties are illegal unless there is a special agreement.

The notification form and the movement document to be filled in when importing or exporting hazardous waste are available from the Basel Convention website (www.basel.int/ & www.sawic.org). Information to be provided on the notification form is indicated on Annex V A of the Basel Convention whereas Annex V B indicates information to be provided on the movement document. Such a notification form and the movement document are sent to the Designated National or Competent Authority (DNA or DCA) of the country that a company wishes to export hazardous waste to.

In essence, the exporting company will initiate this process by submitting this notification form with supporting documents to their local DNA/DCA, which in turn would apply on behalf the exporting company to the importing country through their DNA/DCA. The DNA/DCA of the importing country will assess the application submitted and verify the information submitted including existence of the importing company before approving the application by consenting to the import. Jobs and income can be created and generated respectively from the import and export of hazardous waste through the Basel Convention provisions.

Illegal traffic is a criminal offense, and each Party to the Convention is required to introduce appropriate national or domestic legislation to prevent and punish illegal traffic in hazardous and other wastes. South Africa enacted the Waste Act of 2008 to this effect.

The Convention also requires its Parties to ensure that hazardous and other wastes are managed and disposed of in an environmentally sound manner (ESM). Parties are therefore expected to do the following (detailed obligations are in the text of the Convention):

• Minimise the quantities that are moved across borders,

• Treat and dispose of as close as possible to their place of generation, and

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• Prevent or minimise the generation of wastes at source.

• Exercise their right to prohibit the import of hazardous waste.

The Basel Convention thus far has 14 Regional Centres based in various UN regions or continents; with four of these established in Africa, Egypt, Nigeria, Senegal, and South Africa. South Africa hosts the Africa Institute for the environmentally sound management of hazardous and other wastes, which serves primarily all English speaking African countries that are Parties to the Basel Convention.

What are the human health and environmental benefits ofcomplying with the Basel Convention?

• Protecting human health and the environment,

• Better control and subsequently environmental sound management of hazardous and other wastes, and

• Working towards environmental sustainability.

DefininghazardouswasteundertheBaselConvention

Wastes are substances or objects which are disposed of, or are intended to be disposed of, or are required to be disposed of in accordance with the provisions contained in national law; the Waste Act of 2008 in South Africa.

Annexes I, VIII and IX of the Convention list those wastes that are classified as hazardous and subject to the control procedures under the Convention. Annex II of the Convention identifies those wastes that require special consideration (known as “other wastes”, and which primarily refer to household wastes). Parties may also inform the Convention Secretariat of additional wastes, other than the wastes listed in Annexes I and II of the Convention that are considered or defined as hazardous wastes under their national legislation.

The Convention defines waste “disposal” as anything from complete destruction to resource recovery, recycling, reclamation, direct re-use or alternative uses.

Categories of wastes to be controlled by the Basel Convention include (see Annex I & Annex VIII):

• Clinical wastes from medical care in hospitals, medical centres and clinics

• Wastes from the production of preparation of pharmaceutical products

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• Waste pharmaceuticals, drugs and medicines

• Wastes from the production, formulation and use of biocides and phytopharmaceuticals

• Wastes from the manufacture, formulation and use of organic solvents

• Wastes from the production, formulation and use of wood preserving chemicals

• Wastes from the production, formulation and use of organic solvents

• Wastes from heat treatment and tempering operations containing cyanides

• Waste mineral oils unfit for their originally intended use

• Waste oils/water, hydrocarbons/water mixtures, emulsions

• Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)

• Waste tarry residues arising from refining, distillation, and any pyrolytic treatment

• Waste from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish

• Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives

• Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known

• Wastes of explosives nature not subject to other legislation

• Wastes from production, formulation and use of photographic chemicals and processing materials

• Wastes resulting from surface treatment of metals and plastics

• Residues arising from industrial waste disposal operations

• Used lead and acid batteries

• Persistent Organic Pollutants (POPs), chemicals and pesticides that persist for many

years in the environment

• Electronic and electrical waste (e-waste) such as mobile phones and computers

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• Heavy metals waste: widespread industrial use, such as in cadmium and nickel plating. Found in batteries (mercury, cadmium, lead) and leaded petrol

• Waste containing asbestos

• Waste from the dismantling of ships

Examples of hazardous waste dumping in Africa:

The Basel Convention has in fact banned the international transport of toxic waste to developing countries since 1989 but there are some incidences that have been reported ever since the ban, particularly in developing countries.

a. Industrial hazardous waste dumping occurred in 2006 in Cote de Voire (Ivory Coast) by a European Company into an Ivory Coast lagoon of the capital Abidjan in West Africa. Another major incidence of hazardous waste dumping occurred in 1987, in Nigeria from Italian companies. (Details of dumping incidences under Bamako convention below).

b. Electronic waste or e-waste consists of obsolete electrical and electronic equipment (EEE). E-waste can contain more than one thousand different substances, many of which are toxic. These can comprise heavy metals, for example mercury, lead, cadmium, and chromium, and flame retardants, including polybrominated biphenyls (PBBs), polychlorinated biphenyls (PCBs) and polybrominated diphenyl ethers (PBDEs). The most hazardous components of e-waste are the mercury-containing components, batteries, printed circuit boards, and the plastics which contain the brominated flame retardants. Leaching and evaporation of these substances occurs at the e-waste sites and may result in the contamination of surrounding natural resources including, soils, crops, drinking water, livestock, fish and may result in contamination of the food chain, thus exposure to human being in addition to direct exposure through dermal exposure, dietary intake, inhalation and dust ingestion. E-waste has been reported to be shipped and dumped predominantly in West Africa, especially in Nigeria and Ghana whereby these non-functioning computers are sold as scrap, manually dismantled by smashing them up, burned openly to recover materials, and residual fractions dumped openly with no regard for human and environmental health but economic gains.

a. Obsolete pesticides and used packaging with chemical residues dumping has been as a result of some developed countries sending obsolete pesticides to Africa disguised as pesticide donations to increase food production instead of disposing of them in an environmentally sound manner. In most cases, the pesticides turned out to be obsolete (out of date) and thus not effective for their intended use. Similarly, Africans fetch water from afar in dams or rivers using

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containers ranging from those of chemicals or paints. Some developing countries have been dumping such containers in Africa instead of decontaminating them, as a form of donation for vessels to be used to fetch water, yet the containers are contaminated with chemical residues that can cause adverse effects to human and environmental health.

Options for treatment and disposal

Environmentally sound disposal of hazardous waste still poses challenges. Disposal is relatively expensive, it takes up space (in short supply in many industrialised nations), and it has not yet been proven to be 100% or totally safe but some of the available methods of disposal can minimise the risks to human health and the environmental when done in accordance with set standards.

Land disposal: Waste is buried in landfills which should be permanently sealed to contain the waste. Landfills may be lined with clay or plastic, or waste may be encapsulated in concrete. However, there is no guarantee that a leak will not occur.

Incineration (burning): May be low temperature (urban refuse) or high temperature incineration. The latter is best for many industrial wastes (tar, paint, pesticides, and solvents) as it prevents formation of dioxins. High temperature incineration is not yet available in South Africa.

Chemical or biological: Chemicals are added to waste, to neutralize or break down chemicals to make it less toxic; bacteria can also be used to “digest” the waste, resulting

in a less toxic residue.

International trade in hazardous waste and the law

Transporting (which is often by sea) waste to another country runs the frightening risk of spillages. Most developing countries often lack the expertise and technology to manage and to dispose hazardous waste in an environmentally sound manner; thus local people can be at risk. Each country should try to take responsibility for its own hazardous waste; where that is not feasible, the nearest country capable of disposing hazardous waste in an environmentally sound manner in line with the Best Environmental Practice (BEP) and the Best Available Technique (BAT) should be the first option to be considered for disposal of such waste.

Importation and exportation of hazardous waste in and out of South Africa is done in accordance with the provisions of the Basel Convention and the Waste Act of 2008.

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What can industry do about hazardous waste?

The ultimate solution which is both ideal and innovative, is to continuously reduce hazardous

waste production through:

• Substitution of non-polluting alternatives during production/manufacturing processes, e.g. chlorine, used to bleach wood, results in the formation of dioxins - chlorine could be replaced with oxygen.

• Efficient production/manufacturing processes utilizing processes or machinery that traps as much as is possible secondary hazardous waste releases such as in the form particulate, effluent or emissions.

• Participate in RECP programmes – consult the National Cleaner Production Centre to improve resource use, substitute resources and reduce waste. UNIDO has a wealth of information to assist Industry to improve their processes.

• Used packaging with chemical residues – consult Responsible Packaging Management Association of South Africa (RPMASA) for solutions for recovery and appropriate cleaning for reuse or recycle materials.

• Good and continuous maintenance of machinery to reduce waste production.

• Recycling of waste in an environmentally sound manner reduces pollution and can result in cost-saving e.g. expensive, toxic heavy metals could be re-used, thus recovering some of the costs incurred during the optimisation of production/manufacturing processes to operate in an environmentally sound manner.

• SMEs on motor mechanics:

o Avoid spilling oil onto the environment.

o Empty used oil into big drums provided by oil recyclers such as the Rose Foundation.

• SMEs on computer and cellphone equipment:

o Wear protective equipment especially respiratory or nose masks when manually dismantling or smashing up computer or cellphone equipment.

o Do not burn openly computer or cellphone scrap equipment to recover materials; if you do stay away from the fumes and wear a nose mask to avoid inhaling hazardous fumes.

o Do not dump openly residual fractions of scrap computer or

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cellphone equipment in a general waste bin with no regard for human and environmental health.

o Partner with computer or cellphone selling major industry supplier such as DELL, Hewlett & Parkard (HP), Mecer, Acer, IBM, Olivetti, Aopen, Linovo, Asus, BenQ, Gigabyte, LG, Logitech, Sahara, Toshiba, Nexus, Nokia, Blackberry, Siemens, Apple, Samsung, MTN, Vodacom, Cell C for taking back waste computer and cellphone parts for disposal in an environmentally sound manner.

o Some major shops such as Makro, Pick n Pay provide recycling bins on their premises; kindly use these.

• Medical Clinics or rural hospitals:

o Do not dump or dispose of biomedical and healthcare wastes in a general waste bin.

o Dispose of biomedical and healthcare waste in a designated medical waste bin to be collected by a licensed medical transporter to a licensed hazardous waste disposal facility.

• Printing ink cartridges:

o Do not dump or dispose of used printing ink cartridges in a general waste bin (some major shops such as Makro, Pick n Pay provide

recycling bins on their premises; kindly use these).

What can you do as an individual?

• Report illegal dump sites to your relevant institutions (addresses below):

o Government: Departments of Environment Affairs (Green Scorpions), Water Affairs, Health (Environmental Health Inspectors), Agriculture (obsolete pesticide waste), and Local Municipality (city health officials).

o Non Governmental Organizations: all NGOs that work on environmental issues (Groundwork, local Earthlife branch, Institute

of Waste Management, RPMASA, SANGOKO, e-WASA).

• Avoid waste creation in your own home: reuse, reduce, and recycle (some major shops such as Makro, Pick n Pay provide recycling bins on their premises; kindly use these).

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• Avoid using toxic products at home; replace with environmentally friendly ones.

• Dispose of household toxic substances into plastic bags in municipal bins. Never flush poisons down the toilet, or pour them into drains at home, storm water drains, or rivers and dams as these may pollute underground water.

• Rural homes: Do not openly burn waste especially plastic waste as its incomplete burning releases dioxins and furans into the air; do not use chemical packaging for domestic purposes such as water collection, etc.

• Become informed, join forces with concerned people and make your voice heard -

see contacts below.

How much hazardous waste is South Africa producing, importing and exporting in SA?

• South Africa exported 144555 metric tons, and imported 78632 metric tons of Hazardous waste for the 2012 Basel Convention reporting year.

• The Institute of Waste Management is researching the possibility of carrying out environmental audits of toxic waste dumps. An environmental audit is an analysis of any human activity to assess its environmental consequences.

Other relevant information links: www.sawic.org.za; www.pacsa.co.za/links.asp; www.

iwmsa.co.za; www.basel.int

2. The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa

Primary Objective:

The Bamako Convention (in full: Bamako Convention on the Ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa) is a treaty of African nations prohibiting the import of any hazardous (including radioactive) waste. The Convention was negotiated by twelve nations of the Organisation of African Unity at Bamako, Mali in January, 1991, and came into force in 1998.

South Africa is not yet a Party to the Bamako Convention, but it is in the process of ratifying the Basel Convention Ban Amendment, which is an internationally binding agreement with similar objectives.

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Why is the Bamako Convention important?

Impetus for the Bamako Convention arose from:

• The failure of the Basel Convention to prohibit trade of hazardous waste to Less Developed Countries (LDCs),

• And from the realisation that many developed nations were exporting toxic wastes to

Africa. This impression was strengthened by several prominent cases:

o One important case, which occurred in 1987, concerned the importation into Nigeria of 18,000 barrels (2,900 m3) of hazardous waste from the Italian companies Ecomar and Jelly Wax, which had agreed to pay local farmer Sunday Nana $100 per month for storage. The barrels, found in storage in the port of Lagos, contained toxic waste including polychlorinated biphenyls, and their eventual shipment back to Italy led to protests closing three Italian ports.

o Similarly, the Probo Koala case in Ivory Coast, which occurred in 2006 in Cote de Voire (Ivory Coast) where a European company chose not to comply with increasingly stringent environmental laws at home that translate to skyrocketing waste disposal costs; but instead sought low-cost solutions by shipping and dumping its hazardous waste composed of cleaning chemicals and gasoline and crude oil slop into an Ivory Coast lagoon of the capital Abidjan in West Africa. People died and thousands became sick (respiratory problems, nausea & skin rashes) as a result of such dumping.

• The Bamako convention is a response to Article 11 of the Basel Convention which encourages parties to enter into bilateral, multilateral and regional agreements on hazardous waste to help achieve the objectives of the Convention.

• Prohibits the import of all hazardous and radioactive wastes into the African continent for any reason.

• Minimizes and control transboundary movements of hazardous wastes within the African continent.

• Prohibits all ocean and inland water dumping or incineration of hazardous wastes.

• Ensures that disposal of wastes is conducted in an environmentally sound manner.

• Promotes cleaner production over the pursuit of a permissible emissions approach

based on assimilative capacity assumptions.

• Establishes the precautionary principle.

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How is the Bamako Convention different from the Basel Convention?

The Bamako Convention uses a format and language similar to that of the Basel Convention,

but:

• It is much stronger in prohibiting all imports of hazardous waste.

• It does not make exceptions on certain hazardous wastes (like those for radioactive materials) made by the Basel Convention.

• The Convention covers more wastes than covered by the Basel Convention as it not only includes radioactive wastes but also considers any waste with a listed hazardous characteristic or a listed constituent as a hazardous waste.

• The Convention also covers national definitions of hazardous waste.

• Finally, products that are banned, severely restricted, or have been the subject of prohibitions are also covered under the Convention as wastes.

How does the Bamako Convention work and what job opportunities does it offer?

• Countries should ban the import of hazardous and radioactive wastes as well as all forms of ocean disposal.

• For intra-African waste trade, parties must minimize the transboundary movement of wastes and only conduct it with consent of the importing and transit states among other controls.

• They should minimise the production of hazardous wastes and cooperate to ensure

that wastes are treated and disposed of in an environmentally sound manner.

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3. Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, in short, “The Rotterdam Convention”

Primary Objective:

The Rotterdam Convention was adopted in 1998 to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals (i.e. between exporting and importing countries) for managing chemicals that pose significant risks in order to protect human health and the environment from potential harm. It also seeks to contribute to the environmentally sound management of these chemicals when their use is permitted by facilitating information exchange about their characteristics, potential dangers, safe handling and use by providing for a national decision-making process on their import and export and by disseminating these decisions to Parties.

South Africa became a Party to the Rotterdam Convention on the 04 September 2002. South Africa has in 2009 through a multi-stakeholder engagement process, developed a National Action Plan (NAP) to implement the Rotterdam Convection in South Africa.

Why is the Rotterdam Convention important?

Chemicals and pesticides are very important and continue to play a significant drive in the development of our economy. Chemicals are used in various processes that better our lives such as purifying water; water which is essential to our existence. Pesticides or agro-chemicals are used to control pests that destroy crops that negatively affect the crop produce and thus food production; food which is also essential to our existence.

There is a tendency to regard chemicals and pesticides ordered from abroad with optimism rather than skepticism. Since these chemicals are ordered to protect crops from insects or otherwise to increase industrial, business or farming profits, it is unlikely for one to think of that the very same chemicals and pesticides can damage the environment or make people ill. Chemicals and pesticides can be extremely hazardous such that they can lead to various serious sicknesses and fatalities at times. Hence it is very important to ensure that extreme caution is always taken when chemicals and pesticides are used, to protect human health and the environment.

In the mid-1950’s, and subsequently in 1956, residents of Minamata in Japan noticed typical symptoms of adverse effects on the nervous system such as loss of motor control, tremors and death in some cases in cats and human beings respectively. Investigations concluded that these symptoms were as a result of mercury poisoning that was disposed of by a local factory in effluent into the nearby bay from which cats and human consumes seafood as their source of food. There was such a catastrophe as the victims and deaths were in thousands that made the world’s Governments to respond to this challenge by adopting the Rotterdam Convention as an international treaty.

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The Rotterdam Convention applies to:

• Banned or severely restricted chemicals, and

• Severely hazardous pesticide formulations.

The Rotterdam Convention does not apply to:

• Narcotic drugs and psychotropic substances;

• Radioactive materials;

• Wastes;

• Chemical weapons;

• Pharmaceuticals, including human and veterinary drugs;

• Chemicals used as food additives;

• Food;

• Chemicals in quantities not likely to affect human health or the environment provided

they are imported:

o For the purpose of research or analysis; or

o By an individual for his or her own personal use in quantities reasonable for such use.

The Rotterdam Convention enables Parties to alert each other to potential dangers. Whenever a Party anywhere in the world takes action to ban or severely restrict any chemical for health or environmental reasons, this action named the final regulatory action, is then reported by the Party through the “PIC circular” that the Convention Secretariat compiles and distributes to all Parties to the Convention every six months. By ensuring that information is exchanged in this way, the Convention provides an initial warning to Governments who might not know that such chemicals on the “PIC circular” may merit further assessment of their adverse effects to human health and the environment.

The Rotterdam Convention guarantees the cooperation of other Governments on known and existing risks through its provisions regarding information sharing, export notifications and PIC procedure. The Conventions also responds to new risks. If two countries from different two regions of the world ban or severely restrict a particular chemical or pesticide, then the chemical or pesticide in question becomes a candidate for being placed on the list of substances covered by the Convention’s PIC procedure and is referred to the Convention’s Chemical Review Committee (CRC) for investigation. The CRC is responsible for scrutinising the potential dangers of the chemical brought to its attention, thus assisting countries that lack the expertise by serving as a watchdog group. The CRC may recommend

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to the COP the listing of the said chemical or pesticide and the COP would take a decision on the recommendation. The CRC’s discussions and recommendations provide countries with useful information on the possible threats posed by new chemicals or pesticides, or previously unsuspecting threats posed by chemicals or pesticides that have been in circulation for some time. If a single developing country or try in transition to a market economy is experiencing problems caused by severely hazardous pesticide formulation under conditions of use in its territory, it may propose the addition of that formulation to Annex III of the Convention. The formulation will then be investigated by the CRC.

How does the Rotterdam Convention work and what job opportunities does it offer?

Whenever a country bans or severely restricts a chemical or pesticide domestically but makes it available for export to another country, it must provide the importer with an export notification containing practical and detailed information about the chemical and the shipment.

The Convention includes a list of chemicals and pesticides that are subject to the legally binding the “Prior Informed Consent” procedure. This is not a “black or banned list” but a “watch list” of industrial chemicals, pesticides and “severely hazardous pesticides formulations” (which contain a specific percentage of one or more particular active ingredients) whose use should be carefully weighed and whose import needs to be agreed upon.

If a Party decides not to import a particular chemical or pesticide covered by the PIC procedure, other Parties agree not to export this product to that country. If a Party decides to limit the import of a chemical to certain uses, exporting countries agree to respect those limits. Prior Informed Consent promises not only to reduce accidents but also to prevent the accumulation of stocks of obsolete or unwanted pesticides.

South Africa has the biggest chemicals industry in Africa and is able to manufacture and formulate chemicals that most countries in Africa are not able to. In addition to importation of some of these chemicals from abroad into the continent due to the facilities put in place by the Government to make import and export possible and less cumbersome. Such an environment is conducive for the creation of jobs through the import and export of needed industrial chemicals and pesticides by utilising the PIC procedure through the Designated National Authority (DNA) or Designated Competent Authority (DCA) based in the Department of Environmental Affairs. The notification forms are available on the Rotterdam Convention website (www.pic.int/ and www.sawic.org).

Whatarethehumanhealthandenvironmentalbenefitsof complying with the Rotterdam Convention?

• South Africa is able to know and be warned of the industrial chemicals and pesticides that need more caution than normal when being managed and that might need further assesses of their potential dangers to human health and the environment through getting the information of the industrial chemicals and pesticides that are listed in Annex III of the Convention.

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• South Africa is able to know which industrial chemicals and pesticides have been banned or restricted in other countries and the reasons that led to their restriction or banning and can extrapolate such data and results to South Africa, should the conditions (climate, environmental and use) be similar.

• South Africa is able to put in place a control system (PIC procedure) through working with other government departments to control the type of industrial chemicals and pesticides that can be allowed into the country including amount thereof.

• South Africa is able to inform other countries through the Secretariat of the Convention of which industrial chemicals and pesticides it has restricted or banned and thus restrict importation for an approved use or not allow imports thereof respectively.

Definingseverelyhazardouspesticideformulationsunderthe Rotterdam Convention

A chemical formulated for pesticidal use that produces severe health or environmental effects observable within a short period of time after a single application or multiple exposure, under conditions of use.

International trade in industrial chemicals and the law

South Africa applies the notification and a control system as set out in the Rotterdam Convention. Pursuant to International Trade Administration, Act No. 71 of 2003, a permit is required to be issued by the International Trade Administration Commission (ITAC) before any chemical identified in Annex III of the Convention can be imported or exported. A Memorandum of Understanding (MOU) between ITAC and the Department of Environmental Affairs (DEA) details the coordination and consultation procedures with regard to import and export of chemicals in Annex III.

Pursuant to the MOU, whenever ITAC receives a request for an import or export permit, it consults with the DEA, and then the DEA recommends to ITAC whether the request should be accepted or rejected based on the provisions of the Rotterdam Convention and South African Law (whether the chemical in question is still allowed to be used in South Africa, are there any restrictions, etc).

What is expected of developed countries?

Developing countries are expected to domesticate the convention and have institutional arrangements and systems that would enable the application of the Prior Informed Procedure when importing or exporting chemicals or pesticides.

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What should the chemicals and pesticide/farm industry do about hazardous industrial chemicals listed under the Rotterdam Convention Annex III?

• The PIC procedure needs to be followed when importing or exporting chemicals or pesticides listed on Annex of the Convention.

• If Annex III chemicals are still being used, information and instructions on the safety data sheets that accompany the export or import of the chemicals or pesticides needs to be read; understood and adhered to by everyone along the value chain of trade including the industrial company or farm worker at the end of the chain.

• The chemical and pesticide industry needs to adhere to health and safety standards, comply with the law in this regard, and put in place systems that ensure that workers’ health and the environment are always protected, by among other things, following correctly the instructions of use of the chemical or pesticide, ensuring that appropriate protective clothing is worn at all times when using these chemicals or pesticides, and disposing of the waste (effluent, particulate, emissions) in an environmentally sound manner using the BAT and BEP.

• Since the developed countries mostly have too mechanised processes when using chemicals and pesticides, our local chemical and pesticide industry need to always be on the lookout for possible danger, as danger at times, can often have a lot to do with local methods, customs and technologies, especially in rural areas.

• The reality that when liabilities arising from human health and environmental cases of these hazardous chemicals and pesticides became apparent to developing countries resulting in such countries to ban or restrict these chemicals and pesticides. Some countries continued to export them to developing countries, where safety and environmental standards are generally less stringent should be a reason enough for the South African industry to always strive, where it is feasible, to replace these hazardous chemicals and pesticides with safer and cost effective alternatives.

What can you do as an individual?

• Use chemicals in accordance with their labels and instructions.

• Do not use chemicals for unintended uses as the consequences of such use may be devastating to human health and the environment.

• Do not use an unmarked chemical as it may be hazardous and cause harm to human health and the environment.

• Take unknown chemicals to local authorities of the Department of Environment Affairs or the Department of Agriculture, Forestry and Fisheries.

• Report incidences of chemical poisoning to the nearest clinic or hospital and give a full description of the chemical involved in the incident; preferably take the chemical

to the clinic.

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Which are some Annex III chemicals that South Africa is mainly importing and exporting?

1, 3 - dichloropropene, PFOS, nonylphenol ethoxylate and 1, 2 - dichloroethane and

diphenylamine.

4. Stockholm Convention on Persistent Organic Pollutants (POPs)

Primary Objective:

The Stockholm Convention on Persistent Organic Pollutants (POPs) is a global treaty to protect human health and the environment from highly dangerous, long-lasting chemicals by restricting and ultimately eliminating their production, use, trade, release and storage.

South Africa signed the Stockholm Convention on 23 May 2001, and became a Party on 04 September 2002. South Africa has in 2012 through a multi-stakeholder engagement process, developed a National Implementation Plan (NIP) to implement the Rotterdam Convection in South Africa for the first 12 POPs. Subsequent updating of the NIP will be undertaking to include the additional POPs.

Why is the Stockholm Convention important?

The need to improve the control of agricultural pests, to increase food production and come up with better industrial products to improve our lives led to a global use of thousands of synthetic chemicals in agriculture and the industry. That led to exposure such that chemicals have been found in areas where they were never used before such as the North Pole, and to accumulate almost in every living thing, including human beings. Although POPs have contributed to our general well being, exposure to them can also cause serious health problems.

POPs chemicals can be found in pesticides, paint additives, heat exchange fluids, transformers, sealants and plastics. They are also in the waste of industries and hospitals, and others are released as unintended by-products of burning and industrial processes.

POPs remain intact in the environment for long periods. They gradually accumulate in the fatty tissue of living organisms and can move up the trophic levels, and can cause cancer and birth defects. POPs may also disrupt immune and reproductive systems and even diminish intelligence.

The Stockholm Convention leads a global effort to identify new POPs and to manage already indentified POPs in an environmentally sound manner until they are eliminated and no longer produced and used, so as to protect human health and the environment.

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How does the Stockholm Convention work and what job opportunities does it offer?

a) It commits the international community to protecting human health and the environment from Persistent Organic Pollutants (POPs):

• It bans immediately all production and use of some POPs and allows registration of exemptions with the Secretariat of some POPs to narrowly prescribed purposes.

• It bans the production of PCBs but give countries until 2025 to take action to phase out the use of equipment containing PCBs. The recovered PCBs must be treated and eliminated by 2028.

• The Convention limits the production and use of DDT to controlling disease vectors such as malarial mosquitoes. It also allows DDT to be used as an intermediate in the production of the pesticide dicofol in countries that have registered for this exemption.

• It requires governments to take steps to reduce the release of dioxins, furans, hexachlorobenzene, and PCBs as byproducts of combustion or industrial production, with the goal of their continuing minimisation and, where feasible, ultimate elimination.

• It restricts imports and exports of most intentionally produced POPs, permitting them to be transported only for environmentally sound disposal or for a permitted use for which the importing country has obtained an exemption.

• It requires Parties to develop, within two years, national plans for implementing the Convention and to designate national focal points for exchanging information on POPs and their alternatives.

b) Supports the transition to safer alternatives

• It permits the production and use of DDT for controlling mosquitoes and other disease vectors in accordance with World Health Organization recommendations and guidelines and only when locally safe, effective, and affordable alternatives are not available. Use will be carefully regulated and monitored and must be publicly registered. The international community will evaluate at least every three years whether DDT is still needed for this purpose. Thus protection against malaria will not diminish. Very importantly the use of DDT will probably become more safe and efficient as a natural response to increased scrutiny.

• The Convention recognises that, for economic and practical reasons, this is simply a job that is best done slowly.

• Once there are no remaining countries registered for a particular type of exemption, this exemption will be closed to any future requests.

• Governments are to promote the use of best available techniques and best environmental practices.

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c) Targets additional POPs for action

• It adopts the “precautionary approach”, so that where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

• It establishes a POPs Review Committee that will regularly consider additional candidates for the POPs list. Any government can propose a new listing by stating the reasons for its concern. The Committee follows a structured evaluation process that incorporates precaution in a number of ways. It must ensure that all candidate POPs are evaluated using the best available scientific data to determine whether their chemical properties warrant their inclusion in the treaty. The Committee makes recommendations to the Parties to the Convention who decide as a group whether and how to list the proposed chemical. This would take the form of an Amendment, and each Party would then need to ratify it. In this way, the Committee for adding new POPs to the original list of 12 will ensure that the Stockholm Convention remains

updated, dynamic and responsive to new scientific findings.

d) Clean-up old stockpiles and equipment containing POPs

• It calls on Governments to develop and implement strategies for identifying stockpiles and products and articles containing POPs. Once identified, these stockpiles need to be managed in a safe, efficient and environmentally sound manner.

• The Convention requires wastes containing POPs to be handled, collected, transported and stored in an environmentally sound manner. Their toxic content needs to be destroyed. The Convention does not allow recovery, recycling, reclamation, direct reuse or alternative uses of POPs, and it prohibits their improper transport across international boundaries.

e) Work together for a POPs-free future

• It seeks to increase public awareness of the dangers of POPs, provide up-to-date information on these pollutants, launch educational programmes, train specialists, develop and disseminate alternative chemicals and solutions.

• It calls on governments to encourage and to undertake further research on POPs and disseminate the information.

The Department of Health awards a single large tender to import DDT into South Africa, and the company can also export DDT to other African countries. During the spraying season, jobs are created for sprayers and managers at different levels of the malaria programme.

DDT contaminated material/packaging needs to be disposed of in an environmentally sound manner after the DDT has been utilized. Normally the company awarded a tender to import DDT would be responsible for the disposal, but the disposal occurs in a license disposal facility, thus generating revenue for the facility, and jobs for the personnel working at the facility.

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Whatare thehumanhealthandenvironmentalbenefits of complyingwith the Stockholm Convention?

Elimination of POPs from the environment protects health and the environment; especially considering the POPs chemical properties listed below.

DefiningPOPschemicalsundertheStockholmConvention

POPs are chemicals that exhibit the following properties:

• persistent in the environment;

• bio-accumulate in other species;

• bio-concentrate in other species;

• have a potential for long-range environmental transport;

• and are highly toxic and thus cause adverse effects to human health or to the

environment.

POPs mainly used in South Africa covered by the Stockholm Convention include:

DDT, Polychlorinated biphenyls (PCBs), PFOS (a key ingredient in Scotchgard; a stain repellent and durable water repellent applied to fabric, furniture, and carpets to protect them from stains) and its salts are the main POPs known to be used in South Africa. South Africa has registered an exemption with the Secretariat of the Stockholm Convention to use DDT for malaria vector control, and is still using Polychlorinated biphenyls (PCBs) found and used in high voltage carrying electric equipment (transformers, and capacitors), to be eliminated by 2025.

Hexachlorobenzene, Pentachlorobenzene, Polychlorinated biphenyls (PCBs), Polychlorinated dibenzo-p-dioxins, and Dibenzofurans may continue to be unintentionally produced from various source categories listed in Annex C of the convention, such as waste incinerators, cement kilns firing hazardous waste, open burning of waste, crematoria, waste oil refineries, etc.

DDT use in South Africa

South Africa has applied for and registered for an exemption with the Secretariat of the Stockholm Convention to continue utilising DDT for malaria vector control as suitable, effective and affordable alternatives are yet to be found. The Department of Health is responsible for managing the Malaria programme in South Africa and the Department of Environmental Affairs provides technical support with regards to environmental protection; facilitating that DDT is utilised and managed in an environmentally sound manner. Limpompo, KwaZulu-Natal, and Mpumalanga are the provinces that use DDT for spraying to control malaria vectors.

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How much DDT does South Africa utilise to control the malaria vector?

South Africa imports DDT for local use and for exportation to other African countries (Swaziland, Zambia, Namibia, Zimbabwe, Zambia & Uganda) for malaria vector control. For local use, South Africa imported from India, and China:

2007 - 196 000.00kg

2008 - 292 000.00kg

2009 - 199 700.00kg

2010 - 0kg

2011 - 242 480.00kg

2013/14 - 44 759 kg

Options for treatment and disposal of POPs

See Basel Convention section .

International trade in POPs chemicals and the law/exemptions

South Africa applies the Prior Informed Consent Procedure (PIC) notification and a control system similar to the one set out in the Rotterdam Convention and the Basel Convention. Pursuant to International Trade Administration, Act No. 71 of 2003, a permit is required to be issued by the International Trade Administration Commission (ITAC) before any chemical identified in Annex III of the Convention can be imported or exported. A Memorandum of Understanding (MOU) between ITAC and DEA details the coordination and consultation procedures with regard to import and export of chemicals in Annex III.

Pursuant to the MOU, whenever ITAC receives a request for an import or export permit, it consults with the Department of Environmental Affairs (DEA) and the Department of Health (DOH). Then the DEA and the DOH recommend to ITAC whether the request should be accepted or rejected based on the provisions of the Rotterdam Convention and South African Law (whether the pesticide in question is still allowed to be used in South Africa, are there any restrictions, etc).

With regards to the importation and exportation of DDT; the DOH awards a tender only to one service provider to import and export DDT; as one of the control measures put in place.

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What is expected of countries that are still using POPs?

Countries are expected to:

• Register with the Secretariat of the Convention specific exemptions of chemicals listed in Annex A, and B.

• Take all measures to reduce or eliminate releases from unintentional production of POPs.

• Take all measures to reduce or eliminate releases from stockpiles and wastes POPs.

• Undertake appropriate research, development and monitoring and cooperation on POPs; support research initiatives on POPs.

• Develop implementation plans to implement the convention, including facilitating information exchange, promoting public information, awareness and education on

POPs.

What can countries do with POPs chemicals listed on the Stockholm Convention Annexes A, B, and C?

• Annex A- POPs meant for Elimination

Countries are supposed to take all measures and work with the Convention Secretariat and other relevant stakeholders to eliminate the Annex A POPs before the set or target sates set by COP.

For example, Polychlorinated biphenyls (PCBs) found and used in high voltage carrying

electric equipment (transformers, and capacitors) are to be eliminated by 2025.

• Annex B- POPs that are restricted

Countries are supposed to utilise Annex B POPs, only for the acceptable purpose or listed

exemption as indicated on the Convention Annexure B.

• Annex C- POPs that are of unintentional production

Countries are to use the best available technique and the best environmental practice in line with cleaner production measures to prevent and reduce the unintentional

production of POPs listed in Annex C.

Other relevant information link: www.pops.int

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5. Vienna Convention for the Protection of the Ozone Layer

In May 1981, the UNEP Governing Council launched negotiations on an international agreement to protect the ozone layer and in March 1985, the Vienna Convention for the Protection of the Ozone Layer was adopted. The Convention called for co-operation on monitoring, research and data exchange, but did not impose obligations to reduce the use of Ozone-Depleting Substances (ODS). The Convention now has 196 parties – universal membership.

Other relevant information link: ozone.unep.org

6. The Montreal Protocol on Substances that Deplete the Ozone Layer

Primary Objective:

The Montreal Protocol on Substances that Deplete the Ozone Layer was designed to reduce the production and consumption of ozone depleting substances in order to reduce their abundance in the atmosphere, and thereby protect the earth’s fragile Ozone Layer. The original Montreal Protocol was agreed on 16 September 1987 and entered into force on 1 January 1989.

Background

In September 1987, efforts to negotiate binding obligations on OD led to the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol introduced control measures for some Chlorofluorocarbons (CFCs) and halons for developed countries (non-Article 5 Parties).

How does it work?

The Protocol includes a unique adjustment provision that enables the Parties to the Protocol to respond quickly to new scientific information and agree to accelerate the reductions required on chemicals already covered by the Protocol. These adjustments are then automatically applicable to all countries that ratified the Protocol. Since its initial adoption, the Montreal Protocol has been adjusted five times.

In addition to adjusting the Protocol, the Parties to the Montreal Protocol have amended the Protocol to enable, among other things, the control of new chemicals and the creation of a financial mechanism to enable developing countries to comply.

Unlike adjustments to the Protocol, amendments must be ratified by countries before their requirements are applicable to those countries. In addition to adjustments and

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amendments to the Montreal Protocol, the Parties to the Protocol meet annually and take a variety of decisions aimed at enabling effective implementation of this important legal instrument.

The Montreal Protocol was one of the first environmental agreements to formally recognise the precautionary principle. Related actions taken consistent with this principle have included the preemptive decision to ban new ozone depleting substances before they were ever produced commercially.

In 2009, the Montreal Protocol became the first treaty in history to achieve universal ratification with 196 governments (Parties). As a consequence, it can now be said that the entire global community has legally committed itself to meeting specific time-bound targets for the virtual phase-out of nearly 100 chemicals that have ozone depleting properties.

The Protocol includes one of the initial applications of the concept of common but differentiated responsibilities. Special provisions for developing countries include provision of financial and technical assistance, and granting these countries a 10 to 15 years “grace period” for the compliance with the control provisions applicable to developed countries.

Subsidiary Bodies

Scientific, Environmental Effects, Technology and Economic Assessment Panels produce comprehensive and policy relevant reports at least every four years to enable Parties adjust and amend the control measures and take informed decisions. Those reports are recognised to be the most authoritative assessments in the ozone layer protection arena.

In addition, the Protocol established a Multilateral Fund with the goal of enabling developing countries’ compliance with specific time bound reduction targets for the chemicals controlled by the Protocol. Contributions to the Fund come from developed countries. The Fund is overseen by an Executive Committee made up of 14 Parties, seven from developed countries and seven from developing countries.

As of 2010, the Multilateral Fund will have supported nearly 6,000 activities in over 140 developing countries, with a disbursement of about $2.5 billion, including the closure of plants producing ozone depleting substances and the conversion of manufacturers, large and small, that relied on the use of ozone depleting substances.

The Protocol has evolved a robust and supportive reporting and compliance procedure. Each Party is required to report annually on its production, import and export of each of the substances it has committed to address. Related data reports are reviewed by an Implementation Committee made up of 10 Parties representing different geographic regions. This committee assesses the compliance status of Parties and makes recommendations to the annual Meeting of the Parties to the Montreal Protocol on how to deal with cases of non-compliance. Non-compliant Parties participate in the development of plans of action that contain time specific benchmarks for ensuring their prompt return to compliance.

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The Protocol includes trade provisions that preclude Parties from trading in ozone depleting substances with non-parties. These and related provisions have encouraged ratification and helped the Protocol to achieve universal participation. The Protocol includes an adjustment provision that enables the Parties to respond to evolving science and accelerate the phase-out of agreed ozone depleting substances without going through the lengthy formal process of national ratification. It also includes an amendment provision which has facilitated the addition of new chemicals and institutions within the Protocol. The Protocol has been adjusted six times and amended four times since its initial adoption in 1987.

Chemicals controlled by the Montreal Protocol

As noted above, the Protocol requires the control of nearly 100 chemicals, which are dealt with under the Protocol in several categories:

Chlorofluorocarbons (CFCs): The most commonly used of the chemicals controlled by the Protocol were chlorofluorocarbons, or CFCs. These chemicals were widely used in a large variety of activities and products including refrigeration, foams and cleaning metals. By 2010, CFCs have been virtually phased out worldwide with remaining uses limited primarily to medical inhalers.

Halons: Probably the second most commonly used class of chemicals was halons, which were used as fire fighting agents in everything from extinguishers to total flooding systems in computer rooms. The global community has phased out new production of these chemicals but use from stockpiles and recycled halons still continues for such uses as aircraft and military applications.

Carbon tetrachloride: Another commonly used ozone depleting substance was carbon tetrachloride, which was used primarily as an industrial cleaning solvent. Developed countries phased out the use of this chemical in 1996, while developing countries achieved a 99% reduction by 2009 and are due to achieve total phase-out in 2010. Carbon tetrachloride is also widely used as a feedstock substance in the production of other chemicals. As its use for feedstock results in very small emissions, this use is not controlled by the Montreal Protocol;

Hydrochlorofluorocarbons (HCFCs): Another commonly used class of ozone depleting substances is hydrochlorofluorocarbons, or HCFCs. HCFCs constitute the largest group of chemicals controlled under the Protocol, and currently represent the largest remaining use of ozone depleting substances. These chemicals have, since 1990, been viewed as transitional substances; while their relatively low ozone impact resulted in their use as an early replacement to CFCs in many refrigeration and foams uses. The Parties always knew that they needed to be phased-out. Given the long lifetimes of the applications of these chemicals (e.g. in refrigeration equipment), the Parties originally agreed to an extended phase-out period with a total phase-out in developed countries by 2030 and a final phase-out in developing countries by 2040.

However, in an effort to address both the ozone and climate consequences of continued use of these chemicals, the Parties agreed in 2007 to adjust the Protocol’s HCFC control schedule to achieve a faster phase-out. In addition, they agreed to strive to achieve that phase-out in a manner that advanced the protection of the climate system. This effort is in keeping with the progressive work of the Parties, which seeks to ensure its efforts maximise total environmental benefits.

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Methyl chloroform: Methyl chloroform was used as an industrial cleaning solvent. This use has been phased out in developed countries and developing countries had by 2007 achieved a virtual phase-out, over seven years in advance of the Protocol’s phase-out requirements.

Methyl bromide: Another widely used ozone depleting substance is methyl bromide, an agricultural fumigant. This chemical, which was added to the Protocol in 1992, has a wide variety of agricultural uses. Developed countries were to have achieved phase-out of the substance in 2005. While agreed critical uses constituted some 30% of historic uses at that time, the adoption of alternatives has by 2009, brought that number down substantially. By 2008, developing countries had phased out about 66% of this chemical and were well on their way to achieving a complete phase-out by 2015. Methyl bromide is also used by a large number of countries and for a large number of commodities in trade related uses referred to as quarantine and pre-shipment applications. While the Parties are striving to reduce or eliminate their use of methyl bromide for these applications, this use is currently exempt from the Protocol’s phase-out requirements.

Other chemicals: The final categories of ozone depleting substances, hydrobromofluorocarbons (HBFCs), bromochloromethane (BCM) and other fully halogenated CFCs were niche chemicals with very small markets. They were generally included in the Protocol as a precaution, to eliminate the possibility that their usage would increase.

Other relevant information link: ozone.unep.org

7. International Conference on Chemicals Management (ICCM)

The International Conference on Chemicals Management (ICCM) which adopted SAICM at its first session, in February 2006, is the Board or Council (similar and operates like a COP) of SAICM. Amongst others, it reviews progress in SAICM implementation against the 2020 target.

The functions of the ICCM, inter alia, are the following:

• To evaluate SAICM implementation with a view to reviewing progress against the 2020 target and taking strategic decisions, programming, prioritizing and updating the approach as necessary;

• To provide guidance on SAICM implementation to stakeholders;

• To promote the strengthening of national chemicals management capacities;

• To work to ensure that the necessary financial and technical resources are available for implementation;

• To focus attention and call for appropriate action on emerging policy issues as they arise and to forge consensus on priorities for cooperative action.

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8. The Strategic Approach to International Chemicals Management (SAICM)

Primary objective

The Strategic Approach to International Chemicals Management (SAICM) is a policy framework to promote chemical safety around the world. SAICM has as its overall objective the achievement of the sound management of chemicals throughout their life cycle so that by 2020, chemicals are produced and used in ways that minimise significant adverse impacts on human health and the environment. This “2020 goal” was adopted by the World Summit on Sustainable Development in 2002 as part of the Johannesburg Plan of Implementation.

SAICM was adopted by the International Conference on Chemicals Management (ICCM) in Dubai on 6 February 2006 after a three-year consultation. Originally called for by the Governing Council of the United Nations Environment Programme (UNEP), the development of SAICM was endorsed by Heads of State and Government at their summits in Johannesburg in 2002 and New York in 2005. The development process was overseen by a Preparatory Committee, which engaged over 140 Governments as well as intergovernmental and non-governmental organisations. Representatives were drawn from all relevant sectors, including agriculture, environment, health, industry and labour.

The ICCM and sessions of the Preparatory Committee were co-convened by UNEP, the Inter-Organization Programme for the Sound Management of Chemicals (IOMC) and the Intergovernmental Forum on chemical Safety (IFCS).

SAICM is not legally-binding like other Conventions; text drafted under SAICM can be adopted and adapted in other legally binding Conventions, and as such has facilitated and advanced the implementation of other legally binding Conventions.

Since 2008, South Africa has established a National Committee on Chemicals Management (NCCM) for coordinating the work done on chemicals nationally, and reducing duplication of efforts or initiatives by various departments. Representatives from various relevant Government departments, the industrial chemicals association, Agrochemicals association, NGOs and academia sit in the NCCM.

Why is SAICM important?

SAICM is distinguished by its comprehensive scope; ambitious “2020 goal” for sound chemicals management; multi-stakeholder and multi-sectorial character; endorsement at the highest political levels; emphasis on chemical safety as a sustainable issue; provision for resource mobilisation and formal endorsement or recognition by the governing bodies of key intergovernmental organisations. SAICM has a provision for emerging policy issues which are not yet addressed in other international fora.

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How does SAICM work?

All SAICM stakeholders have committed themselves to its implementation according to their own needs and capabilities. Governments may wish to develop national and regional SAICM implementation plans. Intergovernmental organisations are integrating SAICM objectives into their programmes of work. Networks of non-governmental organisations, including industry associations, are also actively contributing to SAICM implementation.

A key group of agencies providing support for the implementation of SAICM are the seven participating organisations of the Inter-Organisation Programme for the Sound Management of Chemicals (IOMC), which are:

• Food and Agriculture Organization of the United Nations (FAO)

• International Labour Organization (ILO)

• Organisation for Economic Co-operation and Development (OECD)

• United Nations Environment Programme (UNEP)

• United Nations Industrial Development Organization (UNIDO)

• United Nations Institute for Training and Research (UNITAR)

• World Health Organization (WHO)

In addition, two observer organizations participate in the IOMC

• United Nations Development Programme (UNDP)

• World Bank

Stakeholder Networks

SAICM is a community of partners, comprising stakeholders from Governments, intergovernmental organisations and civil society, including the private sector, working towards sound chemicals management by 2020. The designation of focal points provides an important mechanism for communication and for access to support from the SAICM.

The Quick Start Programme (QSP)

SAICM’s Quick Start Programme (QSP) aims to support initial enabling activities in developing countries, least developed countries, Small Island Developing States (SIDS) and countries with economies in transition. The QSP consists of a trust fund, as well as bilateral, multilateral and other forms of cooperation. The QSP aims to mobilise resources for national priority initial enabling activities in keeping with the work areas set out in the strategic objectives of section IV of the SAICM Overarching Policy Strategy. In particular, the development or updating of national chemical profiles and the identification of capacity needs for

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sound chemicals management; development and strengthening of national chemicals management institutions, plans, programmes and activities to implement SAICM, building upon work conducted to implement international chemicals-related agreements and initiatives; and undertaking analysis, interagency coordination, and public participation activities directed at enabling the implementation of SAICM by integrating the sound management of chemicals in national strategies, and thereby informing development assistance cooperation priorities.

The QSP is overseen by an Executive Board comprising two government representatives for each United Nations region, plus bilateral and multilateral donors and other contributors. A QSP Trust Fund Implementation Committee is made up of the seven IOMC organisations and UNDP. The Trust Fund is administered by UNEP. The SAICM Secretariat services the Executive Board and Trust Fund Implementation Committee, and facilitates the overall operation of the QSP, including applications to the Trust Fund. All applications to the Trust Fund must be endorsed by the relevant national focal point and also, in the case of civil society applicants, the non-governmental organisation focal point.

What can the industry do?

The industry is encouraged to be involved in partnerships with the government, NGOs, and other civil society to integrate green design in their manufacturing processes, and in processes towards the environmentally sound management of chemicals.

What can an individual do?

• Identify active environmentally inclined NGOs in your area so as to know which group to work with in implementing environmentally sound management processes for chemicals.

• Raise awareness to those who do not know that chemicals have to be used and

managed in an environmentally sound manner.

Did you know?

South Africa has contributed about R5 million towards the QSP so far (2013). It has also been sharing its experience when it comes to chemicals management, and it is one of the respected countries. It has, inter alia, best facilities, legislation, etc.

Other relevant information link: http://www.saicm.org

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9. The Minamata Convention on Mercury

Objective

The objective of this Convention is to protect the human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. The Minamata Convention on Mercury is a global treaty to protect human health and the environment from the adverse effects of mercury.

Background

UNEP’s Global Mercury Assessment Report noted that there is sufficient evidence to warrant immediate action to protect human health and the environment from releases of mercury and its compounds, facilitated by technical assistance and capacity building from UNEP, governments, and relevant international organisations. UNEP concluded that further long-term international action was required to reduce such risks and decided to assess the need for further action on mercury, including the possibility of a legally binding instrument, partnerships, and other actions.

At UNEP’s 25th Session held in 2008 in Nairobi, UNEP Governing Council (GC) agreed to develop a legally binding instrument on mercury, and requested UNEP Executive Director to convene an Intergovernmental Negotiating Committee (INC), with the mandate to prepare for a legally binding instrument. In this regard five INC sessions were held. The text of the Minamata Convention was finalised and greed at the fifth session of the INC in Geneva, Switzerland during January 2013.

The Minamata Convention was adopted and opened for signature at the Diplomatic Conference for the Minamata Convention on Mercury, which was held in October 2013 in Kumamoto, Minamata, Japan. Minamata is the city in Japan where many local people were poisoned in the mid-20th Century after eating mercury-contaminated seafood from Minamata Bay. As a consequence, the neurological syndrome caused by severe mercury poisoning has come to be known as Minamata disease.

How it works

The major highlights of the Minamata Convention on Mercury include a ban on new mercury mines, the phase-out of existing ones, control measures on air emissions, and the international regulation of the informal sector for artisanal and small-scale gold mining. The Convention draws attention to a global and ubiquitous metal that, while naturally occurring, has broad uses in everyday objects and is released to the atmosphere, soil and water from a variety of sources. Controlling the anthropogenic releases of mercury throughout its lifecycle has been a key factor in shaping the obligations under the Convention.

The Minamata Convention provides for controls and reductions across a range of products, processes and industries where mercury is used, released or emitted. The treaty also addresses the direct mining of mercury, export and import of the metal and safe storage of waste mercury.

Pinpointing populations at risk, boosting medical care and better training of health-care professionals in identifying and treating mercury-related effects will all result from adherence to the obligations of the new treaty.

Under the provisions of the Minamata Convention, Governments have agreed on a range

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of mercury-containing products whose production, import and export will be banned by 2020. These items have non-mercury alternatives that will be further phased in as these are

phased out. They include:

• Batteries, except for ‘button cell’ batteries used in implantable medical devices

• Switches and relays

• Some compact fluorescent lamps

• Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps

• Soaps and cosmetics (mercury is used in skin-whitening products)

• Some mercury-containing medical items such as thermometers and blood pressure

devices.

Under the Minamata Convention, Governments have agreed that countries will draw up strategies to reduce the amount of mercury used by small-scale miners and that national plans will be drawn up within three years of the treaty entering into force to reduce, and if possible eliminate, mercury.

The Convention will also control mercury emission and releases from large-scale industrial plants such as coal-fired power stations, industrial boilers, and waste incinerators and

cement clinkers facilities.

Definitionofmercuryanditseffectsonhumanhealthandenvironment

Mercury is a heavy metal that is widespread and persistent in the environment. It can be released into the air and water through weathering of rock containing mercury ore, or through human activities such as industrial processes, mining, burning of forest fires, waste incineration, and burning of fossil fuels (coal). It can also be released from a number of products that contain mercury, including dental amalgam, electrical applications, laboratory and medical instruments.

Mercury vapours released to the atmosphere are oxidised to inorganic mercury and are deposited to aquatic ecosystems during rain events. Biological (e.g. dissolved organic matter) and physico-chemical (air, water and sediment interactions) processes significantly influence the behaviour of inorganic mercury in the aquatic environment. Once in aquatic ecosystems, sulphate-reducing bacteria transform inorganic mercury to the highly toxic methylmercury form, which bio-accumulates and biomagnifies in fish and shellfish products.

Elevated methylmercury levels in fish found in aquatic systems that are remote from possible point sources indicates the long-range transport and deposition of mercury to the aquatic environment. Consumption of methylmercury contaminated fish and shellfish poses a health risk to humans. High levels of mercury in pregnant women can negatively affect foetal neurological development, and it has been linked to lowered fertility, brain

and nerve damage, motor-neuron disease and heart disease. Other relevant information link: www.mercuryconvention.org

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The industry is encouraged to be involved in partnerships with the

government, NGOs, and other civil society to integrate green design in their manufacturing processes,

and in processes towards the environmentally sound management

of chemicals.

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REFERENCES

1. Multilateral Environmental Agreement Negotiator’s Handbook Second Edition: 2007 Joint Publication of Environment Canada and the University of Joensuu-United NATIONS Environment Programme Courser on International Law-making and Diplomacy:

a) Environment Canada70 Cremazie St.Gatineau, QuebecK1Awww.ec.gc.ca/

b) University of Joensuu – UNEP Course Series 5Department of LawP.O.Box 111FIN-80101 Joensuu,Finlandwww.joensuu.fi/unep/envlaw

c) United Nations Environment Programme (UNEP)PO Box 3055200100 NairobiKenyawww.unep.org/training

2. Guide for Negotiators of Multilateral Environmental Agreements

Produced by the UNEP Division of Environmental Law and Conventions Director of Publication: Bakary Kante

a) United Nations Environment Programme (UNEP)PO Box 3055200100 NairobiKenyawww.unep.org/training

b) FIELDFoundation for International Environmental Law and Development

3. Various education materials and products produced by the

Secretariats of:a) Basel Convention on the Transboundary Movements of Hazardous Wastes

and their Disposal:

www.basel.int/

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b) The Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa. There are still ongoing discussions to determine whether South Africa should ratify this Convnention.

c) Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade: www.pic.int/

d) Stockholm Convention on Persistent Organic Pollutants (POPs): www.pops.int/

e) Vienna Convention for the Protection of the Ozone Layer: www.ozone.unep.org/

f) Montreal Protocol of the Vienna Convention: www.ozone.unep.org/

g) International Conference on Chemicals Management (ICCM): www.saicm.org/

h) Strategic Approach to International Chemicals Management (SAICM): www.saicm.org/

i) Minamata Convention on Mercury (signed the text; but yet to ratify the Convention): www.mercuryconvention.org

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Department of Environmental Affairs

Private Bag X447, Pretoria 0001, South Africa

Environment House, 473 Steve Biko, Arcadia, Pretoria

Call Centre: (086) 111 2468

Website: www.environment.gov.za