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)