Environmental group not impressed by new Basel convention

Environmental group not impressed by new Basel convention

JAKARTA (JP): A new convention on international trade in
hazardous waste, ratified in Basel, Switzerland last week has
closed many of the previous loopholes, but the Indonesian Center
for Environmental Law says it is still wary about its
enforcement.

"Now that we have the 1994 Basel Convention, we still have a
problem regarding its enforcement and monitoring and the kind of
sanctions most effective against violations of the convention,"
the center said in a statement issued on Saturday.

The center, headed by prominent environmental lawyer Mas
Achmad Santosa, lamented that the convention has given three-
year's leeway before enforcing the total ban on trade of
hazardous waste by the ratifying members.

The Basel Convention on Total Ban of Transboundary Movements
of Hazardous Wastes and other Disposals was ratified by 64
countries, including Indonesia. Major industrialized countries,
including the United States, Japan, Canada and Australia, which
are among the biggest exporters of industrial waste, reportedly
stayed away from the convention.

Indonesia has imposed strict restrictions on the import of
hazardous and toxic industrial wastes since 1992, allowing only
those that were still needed by its industries, such as used
batteries, but even these will ultimately be phased out.

Despite the 1992 ban, however, illegal imports of used
plastics have continued and ports in Jakarta and other major
cities are now piled high with containers filled with waste
imports. The government is currently negotiating with the
countries of origin for reshipment.

Mas Achmad said the new pact has "tightly shut the doors" on
the loopholes that existed in the 1989 Basel Convention, and that
when it is implemented, the old principle in waste dumping
practices will be changed from "not in my backyard" to "not in
anybody's backyard."

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He feared, however, that delaying enforcing the convention
until January 1, 1998, meant that industrialized countries will
continue to export their waste to developing countries under the
pretext of recycling.

He said the new convention still has some inherent weaknesses,
especially regarding its implementation, and that developing
countries, despite their number, are still at a disadvantage in
the face of the might of industrialized countries.

Indonesia should take the lead in bringing together countries
in Southeast Asia, or in Asia for that matter, to ban the trade
of hazardous waste in the region, he said.

He said the Organization of African Unity already issued such
a resolution in 1991 and five Latin American countries followed
suit in 1992.

At home, the government must also follow up the ratification
of the new Basel Convention with legislation to ensure that the
international pact is enforced effectively, Mas Achmad said.

He said that since the Basel Convention treats the trade of
hazardous waste as a crime, Indonesia should determine the kind
of punishment that should be meted out to individuals or
companies in violation of the convention.

A regulation is also necessary to decide on the financial
responsibility of the violators in the event of an accident
involving hazardous waste that results in financial damage to the
government or the public, he said.

There must also be greater transparency in the way the
government deals with the problem of trade in hazardous waste
both because of the public's right to know and so they can
actively participate in ensuring compliance with the rules, he
added. (emb)