Illegal traffic cases
The convention prohibits the import of hazardous waste into Africa from non-African countries. It aims to prevent the disposal of hazardous waste in African countries that may not have the capacity to manage it safely.
The convention establishes principles of liability, which means that parties (countries) involved in the transboundary movement of hazardous waste may be held legally responsible for any damage caused by the waste. Liability is based on the "polluter pays" principle, which means that those responsible for the waste are financially responsible for addressing any harm.
Estimation of
illegal waste trade
It is estimated that in 2017, 1.3 million tons (14%) of e-waste departed the EU in undocumented exports that would likely be classified as illegal waste trade1. A large portion of this waste reaches Africa. For example, it is estimated that 77% of the electronics shipped to Nigeria originate from EU ports. In June 2020, the Spanish Civil Guard arrested 34 people on the island of Tenerife on suspicion of illegally exporting 2,500 tons of e-waste to Nigeria and seven other African countries. One of the suspects is accused of falsifying certificates to make it appear that the devices were functional. This example, is one of the 138 illegal shipments of hazardous waste recorded between Tenerife and West African countries, including Ghana, Gambia, Togo, Benin, Sierra Leone, Senegal, and Nigeria.
Another study by the Basel Action Network (BAN) estimates that a total of 352,474 metric tonnes of e-waste is exported from EU countries to developing countries every year. This estimate is extrapolated by an experiment of tracking 314 tracked electronic units. Nineteen of them were exported out of their countries of origin, of which 11 went to developing countries such as Nigeria, Ghana, and Tanzania2. Both the EU countries of origin and the three destination countries in Africa are Parties to the Basel Convention and have ratified the Basel Ban Amendment. All three African countries are also part of the Bamako Convention.
[2] http://wiki.ban.org/images/f/f4/Holes_in_the_Circular_Economy-_WEEE_Leakage_from_Europe.pdf
01/08
The waste of lead acid
batteries (LABs)
Another commodity that has become problematic is the waste of lead acid batteries (LABs). LAB is essential for the storage of energy in the automotive and industrial sectors, including in cars, trucks, electric vehicles, and bicycles, and off-the-grid power storage associated with the telecommunications and renewable energy sectors. The popularity of LABs is due to their relative simplicity and affordability. However, the lifespan of a typical LAB is limited to a few years, after which these LABs become “waste LABs” (WLABs), also referred to as “used” or “spent” LABs (ULABs or SLABs). These waste LABs are often illegally shipped into Africa, causing difficulties for recipient countries and leading to the problems of a growing generation of waste of LABs. In addition, due to the importance of batteries in the transition to a low-carbon economy in the sectors mentioned above, and because of the lack of viable alternatives, LABs have been extensively imported into the continent. It is estimated that up to 86% of the lead consumption today is due to the production of LABs (ILA, 2019 ), which shows that the inappropriate handling of this type of batteries is possibly the most important source of lead pollution in the world.
02/08
Egypt
In 1975, Velsicol Chemical Corporation (Texas, U.S.A.), exported Phosvel, a nerve-attacking pesticide, to thirty countries. Half of the shipment went to Egypt. Several deaths of Egyptian farmers and severe health impairments for survivors (Seferovich, 1981:537).
03/08
Probo Koala incident
The Probo Koala incident, also known as the Trafigura incident, refers to a major environmental and public health crisis that occurred in Côte d'Ivoire (Ivory Coast) in 2006.
It involved the illegal dumping of toxic waste by the Probo Koala, a ship registered in Panama and chartered by the Swiss oil and commodity trading company Trafigura Beheer BV. The ship docked in the port of Abidjan, Côte d'Ivoire, and attempted to dispose of a significant amount of toxic waste. The waste consisted of a mixture of gasoline, water, hydrogen sulphide, and caustic soda (sodium hydroxide). Rather than following proper disposal procedures, the ship's operators decided to discharge the toxic waste at various locations (12) around Abidjan, including open-air sites, sewers, and lagoons.
This illegal dumping of hazardous waste resulted in severe environmental pollution. The toxic waste release led to a public health crisis in Abidjan. Residents in the affected areas reported various health problems, including respiratory issues, skin rashes, nausea, and other symptoms. Hospitals were overwhelmed with patients (100,000) seeking treatment, and 17 people died. The dumping of toxic waste had a devastating impact on the local environment. It contaminated water sources, soil, and air, leading to dead fish in lagoons and damage to crops. The contamination also raised concerns about long-term environmental damage.
The Ivorian government declared a state of emergency and initiated cleanup efforts in the affected areas. The cleanup was a complex and costly process. The Probo Koala incident garnered significant international attention and condemnation. Environmental organizations, as well as governments and international agencies, criticized Trafigura for its role in the illegal waste dumping. Trafigura faced legal action related to the incident. In 2007, the company reached a settlement with the Ivorian government, agreeing to pay compensation for environmental and social damage. Additionally, Trafigura faced legal action in various countries, including the Netherlands and the United Kingdom.
Probo Koala judgement summary (Pdf – 2023)
Cote d’Ivoire – Ligue ivoirienne des droits de l’homme (LIDHO), Probo Koala decision
04/08
Port of Sousse - Tunisia
On 9 October 2020 Tunisia, a Party to the Bamako Convention, informed the Bamako Convention Secretariat of the following: An Italian company named "La Sviluppo Risorse Ambientali S.R.L., legal and operational grant in: Polla (SA) Italy, Localita Sant'Antuno P.I.PG, Ritorto" based in Italy, had concluded a contract with the Tunisian company Soreplast for the import of 282 containers of industrial plastic waste for recycling by the Tunisian company and then returned in Italy.
However, the Tunisian customs services realized during the inspection carried out in the port of Sousse in Tunisia and after verification of the contract concluded by the two companies that the imported waste corresponded to household waste. Furthermore, in violation of Article 6 of the Bamako Convention, the exporting Party did not notify the movement of the waste to the Tunisian Ministry of the Environment as the competent authority and did not obtain the consent of any other institution for the import of the waste.
The European Regulation (EC) No. 1013/2006 concerning shipments of waste prohibits any export of waste intended for disposal and waste intended for recovery, including municipal waste and household waste (codeD Y46). The highest Tunisian authorities sent a correspondence to the Ministry of Foreign Affairs to proceed through diplomatic channels to try and resolve the problem. The Secretariats of the Basel and Bamako conventions were informed and followed-up and supported to find a solution. The designated Italian national authority was still undecided and the procedure for the repatriation of this waste had been initiated, while the importing company faced litigation.
05/08
Liberia incident
Liberia is a Party to the Bamako Convention, having ratified the Convention in March 2013. By letter n°ED/EPA-02/00335/20/RL of 20 August 2020, the Liberian State referred to the Head of the Delegation of the European Union in Liberia a case of illegal dumping of 119,000 tons of contaminated plastic waste on its territory.
On 1 September 2020, the Bamako Convention Secretariat was informed of the illegal disposal of 119,000 tonnes of contaminated plastic waste in Liberia by a company in Athens, Greece, named Stayropoulou Dimitra, located at Perikleous 19 Cholargos PC-155-61 in Athens, Greece.
The waste was illegally imported into Liberia by dubious means under the shipping document from the exporter suggesting that the destination of the waste was Morocco. Liberia's Environmental Protection Agency (EPA) made frantic efforts to repatriate the waste from Liberian territory to no avail. Liberia tried to engage EU diplomats and other international channels.
06/08
Mombasa Port, Kenya
A ‘Red Alert’ over toxic nuclear cargo at Mombasa Port, Kenya was issued in December 2021 when it was intercepted and detained at the Port of Mombasa.
The ship, christened MV Seago Piraeus, had disguised the cargo as padlocks and hardware. Kenya’s Health Cabinet Secretary Mutahi Kagwe ordered the ship quarantined and its passengers and cargo inspected. In his statement he said, ‘the ship poses a serious threat to the health and lives of Kenyans through the emission of radiation.’ Mr Kagwe ordered the Director-General for health and the port health officer in Mombasa to inspect the ship and medically examine all the people aboard. The ship docked at the Mombasa Port on 13 December 2021. Its last port of call before arriving in Mombasa was the Salalah Port in Oman. It had 4,196 containers. Investigation officers established that the nuclear waste originated from INNSA (Nhava Sheva Port), India.
The ship was en route to Tanzania. Investigations further established that Inchcape, a shipping agent, was responsible for the dangerous cargo. The Kenya Nuclear Regulatory Agency (KNRA) led the inspection and verification of the container on board. The readings from the ship indicated Gamma Radiation Sigma of 1755.955. A second pass of the same showed 1953.764. The cargo also gave results of Uranium 232 and a PRD Reading of 17.
A multi-agency team consisting of officials from Kenya Ports Authority, Kenya Maritime Authority (KMA), Kenya Coast Guard Services, Port officials, immigration, Kenya Revenue Authority (KRA), Kenya Bureau of Standards (KEBS) and those from KNRA met to discuss the cargo. Some in the multi-agency team suggested the cargo be returned to sender in line with maritime law, while others suggested the ship be released to Tanzania for further testing. The ship was eventually released to sail from Mombasa on 19 December.
07 /08
Koko, Nigeria incident
In 1987, 5 ships transported 18,000 barrels of hazardous waste (including PCBs) from Italy to the small town of Koko in Nigeria in exchange for $100 monthly rent which was paid to a Nigerian for the use of his farmland. (from Alex)
An Italian businessmen illegally dumped over 2000 drums, sacks, and containers full of hazardous wastes in a small fishing village in southern Nigeria. The waste was claimed by the dealer to be fertilizers that would help poor farmers, but instead it turned into a nightmare. Few months later the containers started leaking causing stomach upset, headache, failing sight and death to the local community. The area around the dumpsite was rendered inhabitable and 500 residents were evacuated. People in the Koko village still remember this accident as ‘drums of death’.
08 /08
Kenya, Madera County incident
In Kenya, the pastoral population of Mandera County was subjected to treatment in health facilities with complaints of poisoning or reactions resulting from hazardous substances.
In 2021, an order by the Kenyan Government was made to return a 20 foot container to India when hazardous chemicals like titanium were traced in the shipment.