Mohammad K. KobaFranz Perrez Permanent Mission of IndonesiaFederal Office for the

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, 09-14-2011, Geneva

Indonesian-Swiss Country-led Initiative on an informal process to improve the effectiveness

of the Basel Convention

Presentation at the GEN Mission Briefing on the COP 10 of the Basel Convention, 14th September 2011, Geneva

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Mohammad K. Koba Franz Perrez Permanent Mission of Indonesia Federal Office for the to the UN, WTO & other International EnvironmentOrganizations in Geneva Switzerland


Introduction CLI

• Launch a process which will reaffirm the objectives of the Ban Amendment and explore means by which these objectives could be achieved.

• Parties are called to create enabling conditions, through, among other measures, country-led initiatives conducive to attainment of the objectives of the Amendment.

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COP 9 Decision IX/26 - President’s statement


> The objective of the CLI is to find, in a constructive and open-minded manner, a way forward to achieve the objectives of the Basel Convention and its Ban Amendment!

> It should lead to recommendations for COP 10 on a way forward to attain the objectives of the Ban Amendment

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Objectives of the CLI

Introduction CLIIntroduction CLI


Objetives of the Basel Convention: • To control transboundary movements• To reduce transboundary movements.• To treat waste close to the point of generation.• To minimize hazardous waste generation.• To promote environmental sound management of

hazardous wastes

Initial objective of the BAN Amendment:to protect developing countries and countries with economies in transition from unwanted imports of hazardous wastes

Introduction CLIIntroduction CLI

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, 09-14-2011, Geneva55

Process of the CLI

> Open-minded and dynamic consultations among experts and key players

> Compromise between formal process established under the COP and purely informal set up

Introduction CLI


Introduction CLI

Transparent process:o Dissemination of documents to all Parties to the Basel

Convention, NGOs, IGOs and Non-Parties Invitation to submit comments and inputs Publication on the BC’s website Briefings on the CLI hold at different meetings and

occasion: Expanded Bureau, Compliance Committee OEWG Basel ConventionRegional meetings Missions in Geneva COP 5 Rotterdam Convention

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Introduction CLI Three meetings during 2009 and 2010• Analysed movements of hazardous wastes:

– Quantities of waste moved– Reasons for movements– Consequences of mismanagement

• Developed proposals for promoting ESM:– Through better control over movements– Through better management of hazardous wastes

Final outcome: a draft omnibus decision submitted to the COP 10 by Switzerland and Indonesia


Follow up after the three CLI meetings

1. Joint demarche by Indonesian and Swiss Ambassadors to all Parties to Basel, in capitals

– A lot of support for the proposal, and a few inputs

2. Events at the COP 10 on the CLI: – An information session, October 16– Reception, October 18

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Main conclusions of the CLI meetings

1. Quantities of tbm are increasing2. Main driver of transboundary movements is

economic– Other drivers include:

• Legal issues;• Enforcement issues • Awareness raising and knowledge.availability of

technology

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Main conclusion of the CLI

1. Quantities of tbm are increasing2. Main driver of transboundary movements is

economic3. Poor waste management impacts human

health and the environment– All countries face problems– The poorer countries are hardest hit

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ProposalsThe 3 builiding blocks of the draft omnibus

decision

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Ban Amendment ESM

•Legal clarity•lllegal traffic•Vulnerable countries•Regional centers•Capacity building


Proposals

• 1. The Ban Amendment– 20 years since ban first proposed– Still not in force– Situation has changed:

• Many countries have implemented the Ban• Others will not, regardless of its status• Most tbm is not affected by the Ban • It is doubtful that bringing the Amendment into force

will have a profound practical significance

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Proposals

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The same transboundary movements of hazardous waste (TBM) independently whether the Ban amendment is in force or not


Proposals

• 1. The Ban Amendment– 20 years since first proposed– Still not in force– Situation has changed– But the Ban remains a powerful political goal and

signal for many countries

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Proposals

• 1. The Ban AmendmentWe propose:– Practical assistance for countries that wish to

implement the Ban amendment; and – Interpretation of Article 17 paragraph 5 of the

Convention to secure the earliest possible coming into force of the Amendment

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Proposals

• 2. Standards and guidelines for ESM– Problems from inadequate waste management

occur in most countries– Serious problems result from local arisings and

from illegal waste transfers– Attempts to reduce waste arisings have been

offset by increased production and growth throughout the world

– We need real action; not only political declarations

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Proposals

• 2. Standards and guidelines for ESMWe propose:– A new framework of requirements for the

environmentally sound management of wastes – To be prepared by a technical working group– Taking into account existing activities– And identifying gaps and priority areas for action

for the Convention

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Proposals

• 3. Providing further legal clarity– Some provisions of the Convention are interpreted

differently by Parties– Particular problems arise with end-of-life and near

end-of-life goods– The status of charitable donations is also unclear:

this leads to abuse– We need a more useful definition of when used

goods become waste

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Proposals

• 3. Providing further legal clarityWe propose that the COP seeks:– Improved clarity for a number of terms used in the

Convention;– Improved advice on the status of goods that will

soon become wastes

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Proposals

• 4. Strengthening the Basel Convention Regional and Coordinating Centres – Important role in training, technical assistance and

awareness raising;– many of our proposals are best taken at regional

levels– BCRCs are ideally placed to take them forward;

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Proposals

• 4. Strengthening the Basel Convention Regional and Coordinating Centres We propose – a number of activities for integration into the plan

for the development of the BCRC:

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Proposals

• 4. Strengthening the role of the BCRCs– assisting Parties to ratify Ban Amendment or prohibit

imports;– promulgating guidance and standards of ESM;– training and joint actions to combat illegal traffic;– identifying the difficulties that vulnerable countries face

with unwanted imports of hazardous wastes;– seeking political and public engagement with the work of

the Convention;– seeking further collaboration with other agencies.

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Proposals

• 5. Combating illegal traffic in hazardous wastes– One of the main challenges in preventing harm to

human health and the environment;– Coordinated action with other agencies is

essential;– We propose: a series of measures to strengthen

cooperation

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Proposals

• 6. Assisting vulnerable countries to prohibit the import of hazardous wastes– Parties have the right to prohibit the import of

hazardous wastes– there remain obstacles to the full use of these

provisions– We propose: a set of measures to facilitate the

use of these provisions

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Proposals

• 7. Building Capacity– This will all cost money!– We propose: a set of measures for:

• identifying the resources needed• attracting attention (and thereby funding) to the Convention• demonstrating the human health cost of hazardous waste

mismanagement• sharing expertise with other organisations • Involving the private sector• incorporating hazardous waste awareness into other programmes

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Conclusion

• We think that these proposals are balanced and ambitious

• Parts could be integrated into the work on the Strategic Framework

• There is a need for further development, commitment and money

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Conclusion

Developing and executing these proposals will help the Convention to move forward and address the challenges of hazardous waste

management globally

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National Coordinators of the CLI:

Mr. Herry Hamdani for Indonesia, [email protected] Ministry of Environment, Republic of Indonesia

Gabi Eigenmann for Switzerland, [email protected] Swiss Federal Office for the Environment FOEN

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