ILLICIT Dumping of Toxic and Dangerous Substances and Waste

Transboundary movement of hazardous wastes has engaged the attention of developing countries, particularly African States which consider that they are victims of transnational corporations who have developed a traffic of illicit dumping of toxic wastes from the North to the South. The Organization of the African Unity considered that such dumping was “... a crime against Africa.” The General Assembly condemned the dumping of nuclear and industrial wastes in Africa.

Following the adoption of the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal which was the result of a compromise between the advocates of a complete ban on transboundary movements of wastes and those who
wished to organize the legal framework for such transfer, the African Countries adopted the Bamako Convention on the Banning of the Import into Africa and the Control of the Transboundary Movement of Hazardous Wastes within Africa on 29 January 1991. However, so far, the latter Convention has received hardly any ratifications.

Agenda 21 contains objectives aimed at preventing the illegal transboundary movement of hazardous wastes by, inter alia, reinforcing national capacities to detect and halt illegal transboundary movements and by assisting developing countries in obtaining appropriate information.

The Sub-Commission and the Commission of Human Rights have also addressed this issue and passed several resolutions recognising that the illicit dumping of toxic substances and wastes constitutes a serious threat to the human rights to life and health, and stressing the vulnerability and concern of developing countries. The Commission took a further step at its 1995 session. It noted with grave concern that the increasing rate of such dumping in developing countries continued adversely to affect the human rights to health and life and decided to appoint a Special Rapporteur to investigate the effects of dumping in Africa and other developing countries and make recommendations on measures to eradicate such traffic. The nomination of the Special Rapporteur will be effective after its approval by ECOSOC.