I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions
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Each shipment of hazardous waste or other waste must be accompanied by a movement document from the point at which the transboundary movement begins to the point of disposal. Hazardous waste shipments made without such documents are illegal. In addition, there are outright bans on the export of these wastes to certain countries. Transboundary movements can take place, however, if the state of export does not have the capability of managing or disposing of the hazardous waste in an environmentally sound manner.
In 1995, Parties adopted an amendment to the Convention that would prohibit all transboundary movements of hazardous wastes destined for final disposal from OECD (i.e., developed) to non-OECD states as well as phase out all transboundary movements of hazardous wastes destined for recycling or recovery operations from OECD to nonOECD states. However, the so-called Ban Amendment has not yet been ratified by enough Parties to bring it into force. In December 1999, the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movement of Hazardous Wastes and their Disposal was adopted to address damage that may result during transboundary movement of hazardous and other wastes, including illegal traffic, and their disposal. The Protocol would force parties to accept financial liability for breaches of the Convention. However, it lacks sufficient ratifications to bring it into force. In 2002 the Conference of the Parties adopted a compliance mechanism and established a Compliance Committee as a subsidiary body of the CoP. The Committee may recommend to the Conference of the Parties that further measures be taken, including issuance of a cautionary statement.83 Further information about the Basel Convention regime can be obtained from the Basel Action Network (BAN).84
3.3.5. The ILO conventions on protection of workers using chemicals The International Labour Organisation (ILO),85 founded in 1919, is the UN specialised agency which formulates international labour standards. Under its tripartite structure, workers and employers participate as equal partners with governments in the setting of standards across the spectrum of work-related issues, from freedom of association and the right to organise to abolition of forced labour and equality of opportunity and treatment. The ILO issues its standards in the form of Conventions and Recommendations, several of which are important for protecting workers from the harmful effects of chemicals in the workplace. For example, the 1990 Convention on Safety in the Use of Chemicals at Work (C170)86 and its accompanying Recommendation87 emphasise the need to establish a coherent national policy of chemical safety ranging from the classification and labelling of chemicals to controls over all aspects of the use of chemicals, including the right of workers for access to information on all workplace chemicals. The 1990 Convention is binding on the 16 countries that have ratified it to date and for the rest of the world it provides important guidance for national policies and legislation in this area. Specific measures include requirements to assess risks to workers from hazardous chemicals and to inform and protect workers from such risks. Workers have the right to remove themselves from dangers posed by workplace chemicals if they believe there is an imminent and serious risk to their health or safety. The Convention also requires Parties that export a chemical that is prohibited for reasons of workplace safety or health to communicate this fact to importing countries – a provision that is similar to the information exchange provisions in the Rotterdam Convention.
83
http://www.basel.int/legalmatters/compcommitee/brochure-xx0706.pdf.
84
http://www.ban.org.
85
http://www.ilo.org.
86
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C170.
87
http://www.ilo.org/ilolex/cgi-lex/convde.pl?R177.
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Countries that are Parties to the Convention are required to report information on the generation and movement of hazardous wastes. Parties are also obliged to inform any neighbouring Party of a risk to health or the environment as a result of any accident during the disposal or transboundary movement of hazardous or other wastes.