Subsidiary bodies of the Conference of Parties to the Bamako Convention
ARTICLE 15 of the Bamako Convention establishes a Conference of the Parties, made up of Ministers having the environment as their mandate; requests the Conference of the Parties to keep under continued review and evaluation the effective implementation of the Convention; and in addition to establish such subsidiary bodies as are deemed necessary for the implementation of the Convention, and to adopt rules of procedure for itself and for any subsidiary body it may establish.
Two subsidiary bodies
During its First session in June 2013, the Conference of Parties established two subsidiary bodies:
The Legal and Technical Working Group (LTWG)
The Ad-Hoc Expert Group on Liabilities and Compensation (AHEG-LC)
01/06
LTWG – The Legal and Technical Working Group
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. 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 minimize the production of hazardous wastes and cooperate to ensure that wastes are treated and disposed of in an environmentally sound manner.
02/06
Composition of the LTWG
The Terms of Reference of the LTWG require each Party to designate a suitable representative and alternate to the Legal and Technical Working Group (LTWG) who may be accompanied by other experts and advisers appointed by that Party. With regard to the scope and object of the Bamako convention, the Parties may wish to nominate knowledgeable and experienced experts in fields such as law, environmental law, chemistry, chemical engineering, waste management, environment, etc.
03 /06
Scope of the work of the LTWG
The Conference of the Parties shall determine the matters to be considered by the LTWG which will fulfill such tasks and report to the next Conference of the Parties.
This will include inter alia:
a) In collaboration with the Secretariat, the examination of information provided by Parties on measures taken to implement the Convention and the formulation of recommendations on the necessary actions to be undertaken for consideration by the Conference of the Parties.
b) The provision through the Secretariat of guidance on the development of plans, programmes and measures related to the legal and technical aspects (awareness, training, legal and scientific) of the implementation of the Convention.
c) Development of model legislations to implement the Bamako Convention at the national level, which includes provisions to address illegal traffic.
d) The provision of expertise and guidance on the development/adaptation of guidelines and standards for the environmentally sound management of hazardous wastes.
e) The review of guidelines, standards and other relevant documents prior to adoption by the Conference of Parties.
f) The provision of expertise and guidance on priority measures and activities in the legal and technical fields for the implementation of the Convention.
g) The assistance with co-ordination of work at the global, regional and national levels including the necessary linkages with relevant global Conventions.
h) The provision of expertise and guidance to the Secretariat and the Parties on the technical and scientific needs of the Convention.
i) Assessment and prioritization of the work-programme and budget for the implementation of the Convention and submission to the Conference of Parties.
The LTWG will perform such other functions relating to the implementation of the Convention as may be instructed by the Conference of the Parties. A Party may add any other specific issue in direct relation to the implementation of the Convention on the mandate of the LTWG with the approval of all Parties.
The LTWG shall present a report on its work to the Second Meeting of the Conference of Parties.
04/06
AHEG-LC – Ad-Hoc Experts
Group on Liabilities
and Compensation
By Decision 1/19 the First Session of the Conference of Parties established an Ad-Hoc Expert Group on Liabilities and Compensation (AHEG-LC) to meet as necessary in order to fulfill its tasks as mandated by the Conference of Parties subject to available resources.
The Conference of Parties also adopted the Terms of Reference (TOR) of the AHEG-LC.
ARTICLE 12 of the Convention requires the Conference of Parties to set up an ad hoc expert organ to prepare a draft protocol setting out appropriate rules and procedures in the field of liabilities and compensation for damage resulting from the transboundary movement of hazardous wastes.
05/06
Composition of the HEG-LC
The Terms of Reference of the AHEG-LC require each Party to designate a suitable representative and alternate to the AHEG-LC who may be accompanied by other experts and advisers appointed by that Party.
With regard to the scope and object of the Bamako convention, the Parties may wish to nominate knowledgeable and experienced experts in fields such as insurance, law, environmental law, liabilities and compensations, etc.
06/06
Scope of the HEG-LC
The Ad-Hoc Expert Group on Liabilities and Compensation (AHEG-LC) shall prepare a draft protocol setting out appropriate rules and procedures in the field of liabilities and compensation for damage resulting from the transboundary movement of hazardous wastes.
The AHEG-LC will perform such other functions relating to the implementation of the Convention as may be instructed by the Conference of the Parties.
A Party may add any other specific issue in direct relation to the implementation of the Convention on the mandate of the AHEG-LC, with the approval of all Parties. The AHEG-LC shall present a report on its work to the Second Meeting of the Conference of Parties.