Legal Definitions - Bamako Convention

The Bamako Convention, officially known as the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement of Hazardous Wastes Within Africa, is an international treaty established in 1991.

Its primary purpose is to safeguard human health and the environment across the African continent from the dangers posed by hazardous waste. The Convention achieves this by:

• Prohibiting the import of hazardous wastes into Africa from non-African countries.
• Restricting and controlling the movement of hazardous wastes between African nations to ensure it's done safely and responsibly.
• Banning the dumping of hazardous waste in seas and internal waters within Africa.
• Promoting the reduction of hazardous waste generation.

Only member states of the Organization of African Unity (OAU), now known as the African Union (AU), are eligible to become parties to this Convention.

Here are some examples illustrating the application of the Bamako Convention:

• Example 1: Preventing Toxic E-Waste Shipments

  A shipping company based in Europe attempts to send several containers filled with discarded electronic devices, classified as hazardous waste due to toxic components, to a port in Ghana for disposal. Under the Bamako Convention, Ghana, as a signatory nation, would be legally obligated to refuse entry to this shipment. This demonstrates the Convention's core principle of banning the import of hazardous wastes into Africa from outside the continent, protecting African nations from becoming dumping grounds for foreign waste.

• Example 2: Regulating Cross-Border Industrial Waste

  A chemical manufacturing plant in Nigeria generates a significant amount of toxic industrial by-products. The company plans to transport this waste by road to a neighboring country, like Benin, where disposal costs might be lower. Because both Nigeria and Benin are signatories to the Bamako Convention, this transboundary movement of hazardous waste would be subject to strict controls and regulations. The Convention ensures that such transfers within Africa are not only minimized but also conducted with proper permits, safety measures, and environmental safeguards, preventing unregulated dumping or inadequate disposal practices.

• Example 3: Protecting Coastal Waters from Chemical Sludge

  An international tanker, sailing off the coast of an African country that is a party to the Bamako Convention, is found attempting to discharge a large quantity of chemical sludge directly into the ocean. The Convention explicitly bans the dumping of hazardous waste in seas and internal waters within Africa. This action would be a direct violation, allowing the signatory nation to take legal action against the vessel and its operators to protect its marine environment and coastal communities from pollution.