Bamako – all wastes belonging to category contained in Annex I and all wastes possessing characteristics contained in Annex II are “hazardous wastes”. 

By contrast – Basel Convention wastes listed in Annex I are “hazardous wastes” unless they do not possess any of the characteristics in Annex III.

Bamako defines “hazardous wastes” – as hazardous substances banned, cancelled or refused registration or voluntarily withdrawn from registration in the country of manufacture (for human health or environmental reasons). 
No similar provision in Basel Convention. 

 “Other wastes” in the Basel Convention (Annex II, Y46 wastes collected from household, and Y47 residues from incineration of household wastes), are defined as “hazardous wastes” under the Bamako Convention and are included in Annex I to that Convention. 

Bamako – radioactive wastes are in the scope of the Convention. 
Basel – excludes radioactive materials.

Both include wastes considered hazardous by the domestic legislation of the State of export, import or transit. 

Wastes from normal operations of a ship are excluded from both Conventions. 

Basel Convention has Annexes VIII and IX which provide clarification as to the scope of wastes covered by Annex I of the Convention. 

Provisions of the two Conventions are different. 

A ban on import into Africa of hazardous wastes from non-Parties – under the Bamako Convention. 

Parties are required to take legal, administrative measures to effect this prohibition – such imports are deemed illegal and criminal.

By contrast – Basel recognizes the right of Parties to prohibit the import of hazardous wastes for disposal.

Bamako requires Parties to adopt legal and administrative measures to control all carriers from non-Parties and prohibits dumping at sea, incineration and disposal in the seabed. 

Dumping in internal waters, at sea, by Contracting Parties is illegal. 
No similar provision in Basel Convention. 

In addition to ensuring availability of adequate disposal facilities under Basel Convention – Bamako also requires Parties to submit reports of hazardous waste generators and to impose strict unlimited liability. 

Bamako – unlike Basel provides for the adoption of precautionary measures. Parties should promote clean production methods for product lifecycles. Secretariat to review the transfer to Africa of polluting technologies and report to the Conference of the Parties. 

Basel – Parties shall review the reduction of the amounts /pollution potential of hazardous wastes exported to other States, especially developing countries. 

Provisions on transport and trans-boundary movements are similar in the two Conventions. 

Basel – Parties shall not permit hazardous wastes to be exported to a non-Party or be imported from a non-Party. 

Provisions are similar, except Bamako does not permit general notifications; specific notifications are required for each and every shipment. 

Bamako requires Parties to limit their ports of entry and to notify the Secretariat.

Provisions are similar.

Bamako sets maximum time limit of 90 days for wastes to be taken back by exporting State.

Basel allows 90 days or more depending on agreement between States concerned. 

Definitions are identical. 

Basel – Parties to introduce national legislation to prevent and punish illegal traffic.

Bamako – Parties to introduce national legislation for punishing persons who planned, carried out, or assisted in illegal imports. Penalties to be high so as to deter such conduct. 

Provisions on re-import and/or disposal of contraband wastes are similar. 

Basel further addresses who should act when the blame cannot be assigned either to the exporter, generator, importer or disposer. 

Bilateral, multilateral or regional agreements: 

Both permit Parties to enter into bilateral, multilateral or regional agreements on trans-boundary movements of hazardous wastes with Parties or non-Parties, as long as no deviation from environmentally sound management.

Basel requires that interests of developing countries be taken into account.

Bamako limits such agreements to addressing wastes generated in Africa.

Bamako further requires Parties to prohibit vessels, aircrafts under their registrations from illegal activities; promote South-South cooperation.

Cooperation with international organizations to promote public awareness, development of hazardous waste management, and adoption of new and less polluting technologies.

Basel – Parties to cooperate in activities with other Parties and interested organizations, directly or through the Secretariat. 

Intra-African cooperation: Bamako – Article 10 – addresses this. 

Basel – adopted a Protocol on Liability and Compensation but has yet to enter into force. 

Bamako  – Conference of the Parties to set up an ad hoc expert group to draft protocol that addresses damage due to trans-boundary movement of hazardous wastes. 

Similar approach to funding mechanisms:

 Assessed contributions for core functions, revolving fund for emergency cases and the creation of Regional Centres for Training and Technology Transfer to be funded on a voluntary basis. 

Similar functions are vested in the COPs. 

Bamako – specifies that COP is for Ministers having environment as their mandate. 

The approaches on transmittal of allegations of non-compliance are similar. 

Bamako – Secretariat to verify allegations and submit reports to COP.

Basel – Secretariat only submits relevant information to the Parties.