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1.

Background

Globally, every year several hundred million tons of problematic, e.g. chemical, wastes are generated stemming to more than 90% from the 25 OECD countries. Due to their partly considerable toxicity special and often expensive measures are required for their disposal. According to the Secretary of the ‘Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal’ annually at least 8.5 million tons of wastes are transboundarily traded. Although the ‘Basel Convention’ has set up rules how to handle international waste streams, certain waste amounts are illegally transported from the OECD countries to developing countries — basically for reasons of expenses. Often an environmental safe treatment of toxic waste is not ensured or even not possible in the receiving countries. As set forth in a report of the European Network for the Implementation and Enforcement of Environmental Law (IMPEL) published in 2006, the illegal trade with toxic waste has steadily increased. 3000 shipping documents of 17 European seaports were examined and 258 cargo holds were inspected showing that 68 of 140 waste shippings were illegal. Preventing illegal transports of waste meets with various obstacles. Controlling measures require considerable personal, technical, and logistic resources that are not sufficiently available in each country concerned. Missing or ineffective administrative structures hamper fast actions to stop illegal waste disposal. Partly, the political will to take the necessary steps is lacking. An additional problem is the fact that waste that is obtained from the regular shipping business is not subject to the Basel Convention but to the ‘International Convention for the Prevention of Pollution from Ships’. The implementing statures are summarized in the document MARPOL 73/78; the International Maritime Organization (IMO) is responsible. Identifying the origin of waste and thus defining the responsibility occasionally raises difficulties. This background provides a basis to try to reconstruct the course of events concerning the disposal of chemical waste in Abidjan.

Methods

Several information sources were utilized to reconstruct the course of events at Abidjan in August 2006; e.g. public press, declarations of international governmental organizations, especially of the UN and of its subsidiary organizations, communiqués of the Secretary of the Basel Convention, and statements of several NGOs. Nevertheless a complete reconstruction of the incident is impossible, since a detailed and reliable historical report is not available. Furthermore the responsible politicians have not undertaken significant efforts to shed light upon the incident. Additionally relevant documents of the participating companies are not available to the public.

Conclusions

The analyzed incident makes obvious that the control mechanisms of the Basel Convention can be circumvented. It remains unclear who has to take the political responsibility for the death of 10 people and for the health defects of thousands of humans. Possible civil and criminal consequences are not foreseeable for the actors and company owners involved in the illegal waste dumping. The people of Abidijan are confronted with unresolved questions regarding the occurrence of chronic diseases and possible long-term effects of remaining waste portions.

Recommendations and Perspectives

The incident demonstrates that the control of the transboundary transport and disposal of hazardous waste needs to be enforced and legal grey areas should be eliminated. It should be a task of the OECD countries and of all other economically and technically developed countries and organizations to support the developing countries’ efforts to build up the personal, technical, and infrastructural capacities for an efficient control of waste imports.  相似文献   

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