Editorial note

The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa, adopted under the auspices of the OAU, is a regional agreement which prohibits the importation of hazardous wastes into Africa but permits its regulated movement within Africa. The ban on importation of hazardous wastes is absolute and any violation of it is considered a criminal act (Article 4(1)). The dumping of hazardous wastes at sea is also prohibited (Article 4(2)).Hazardous wastes is defined by the Convention by reference to category and characteristics outlined in the Annexes to the Convention (Article 2(1)). Wastes will also be hazardous if they are so defined by domestic legislation of a Party of export, import or transit, and will be deemed to be hazardous if they are banned or not registered with governmental authorities in the manufacturing country for human health or environmental reasons (Article 2(1)). The Convention applies to radioactive wastes (Article 2(2)), but not those discharged through the normal operation of ships which are regulated by other international instruments (Article 2(3)).

The ‘preventive, precautionary’ approach to pollution problems is to guide the Parties and they are required to co-operate to implement the ‘precautionary principle’ by applying clean production techniques (Article 4(3)(f)). Parties are further required to promote clean production methods that apply to a product's entire life cycle (Article 4(3)(g)).