INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Indonesian-Swiss Country-led Initiative on an informal process to improve the effectiveness of the Basel Convention Presentation at the GEN Mission Briefing on the COP 10 of the Basel Convention, 14 th September 2011, Geneva 1 Mohammad K. KobaFranz Perrez Permanent Mission of IndonesiaFederal Office for the to the UN, WTO & other InternationalEnvironment Organizations in GenevaSwitzerland

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Introduction CLI Launch a process which will reaffirm the objectives of the Ban Amendment and explore means by which these objectives could be achieved. Parties are called to create enabling conditions, through, among other measures, country-led initiatives conducive to attainment of the objectives of the Amendment. 2 COP 9 Decision IX/26 - President’s statement Indonesian Swiss Country-Led Initiative / CLI was launched

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva > The objective of the CLI is to find, in a constructive and open-minded manner, a way forward to achieve the objectives of the Basel Convention and its Ban Amendment! >It should lead to recommendations for COP 10 on a way forward to attain the objectives of the Ban Amendment 3 Objectives of the CLI Introduction CLI

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Objetives of the Basel Convention: To control transboundary movements To reduce transboundary movements. To treat waste close to the point of generation. To minimize hazardous waste generation. To promote environmental sound management of hazardous wastes Initial objective of the BAN Amendment: to protect developing countries and countries with economies in transition from unwanted imports of hazardous wastes Introduction CLI

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva 5 Process of the CLI > Open-minded and dynamic consultations among experts and key players > Compromise between formal process established under the COP and purely informal set up Introduction CLI

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Introduction CLI Transparent process: o Dissemination of documents to all Parties to the Basel Convention, NGOs, IGOs and Non-Parties Invitation to submit comments and inputs Publication on the BC’s website Briefings on the CLI hold at different meetings and occasion: Expanded Bureau, Compliance Committee OEWG Basel Convention Regional meetings Missions in Geneva COP 5 Rotterdam Convention 6

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Introduction CLI Three meetings during 2009 and 2010 Analysed movements of hazardous wastes: – Quantities of waste moved – Reasons for movements – Consequences of mismanagement Developed proposals for promoting ESM: – Through better control over movements – Through better management of hazardous wastes Final outcome: a draft omnibus decision submitted to the COP 10 by Switzerland and Indonesia

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Follow up after the three CLI meetings 1.Joint demarche by Indonesian and Swiss Ambassadors to all Parties to Basel, in capitals – A lot of support for the proposal, and a few inputs 2.Events at the COP 10 on the CLI: – An information session, October 16 – Reception, October 18 8

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Main conclusions of the CLI meetings 1.Quantities of tbm are increasing 2.Main driver of transboundary movements is economic – Other drivers include: Legal issues; Enforcement issues Awareness raising and knowledge.availability of technology 9

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Main conclusion of the CLI 1.Quantities of tbm are increasing 2.Main driver of transboundary movements is economic 3.Poor waste management impacts human health and the environment – All countries face problems – The poorer countries are hardest hit 10

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals The 3 builiding blocks of the draft omnibus decision 11 Ban AmendmentESM Legal clarity lllegal traffic Vulnerable countries Regional centers Capacity building

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 1. The Ban Amendment – 20 years since ban first proposed – Still not in force – Situation has changed: Many countries have implemented the Ban Others will not, regardless of its status Most tbm is not affected by the Ban It is doubtful that bringing the Amendment into force will have a profound practical significance 12

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 13 The same transboundary movements of hazardous waste (TBM) independently whether the Ban amendment is in force or not

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 1. The Ban Amendment – 20 years since first proposed – Still not in force – Situation has changed – But the Ban remains a powerful political goal and signal for many countries 14

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 1. The Ban Amendment We propose: – Practical assistance for countries that wish to implement the Ban amendment; and – Interpretation of Article 17 paragraph 5 of the Convention to secure the earliest possible coming into force of the Amendment 15

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 2. Standards and guidelines for ESM – Problems from inadequate waste management occur in most countries – Serious problems result from local arisings and from illegal waste transfers – Attempts to reduce waste arisings have been offset by increased production and growth throughout the world – We need real action; not only political declarations 16

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 2. Standards and guidelines for ESM We propose: – A new framework of requirements for the environmentally sound management of wastes – To be prepared by a technical working group – Taking into account existing activities – And identifying gaps and priority areas for action for the Convention 17

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 3. Providing further legal clarity – Some provisions of the Convention are interpreted differently by Parties – Particular problems arise with end-of-life and near end-of-life goods – The status of charitable donations is also unclear: this leads to abuse – We need a more useful definition of when used goods become waste 18

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 3. Providing further legal clarity We propose that the COP seeks: – Improved clarity for a number of terms used in the Convention; – Improved advice on the status of goods that will soon become wastes 19

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 4. Strengthening the Basel Convention Regional and Coordinating Centres – Important role in training, technical assistance and awareness raising; – many of our proposals are best taken at regional levels – BCRCs are ideally placed to take them forward; 20

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 4. Strengthening the Basel Convention Regional and Coordinating Centres We propose – a number of activities for integration into the plan for the development of the BCRC: 21

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 4. Strengthening the role of the BCRCs – assisting Parties to ratify Ban Amendment or prohibit imports; – promulgating guidance and standards of ESM; – training and joint actions to combat illegal traffic; – identifying the difficulties that vulnerable countries face with unwanted imports of hazardous wastes; – seeking political and public engagement with the work of the Convention; – seeking further collaboration with other agencies. 22

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 5. Combating illegal traffic in hazardous wastes – One of the main challenges in preventing harm to human health and the environment; – Coordinated action with other agencies is essential; – We propose: a series of measures to strengthen cooperation 23

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 6. Assisting vulnerable countries to prohibit the import of hazardous wastes – Parties have the right to prohibit the import of hazardous wastes – there remain obstacles to the full use of these provisions – We propose: a set of measures to facilitate the use of these provisions 24

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Proposals 7. Building Capacity – This will all cost money! – We propose: a set of measures for: identifying the resources needed attracting attention (and thereby funding) to the Convention demonstrating the human health cost of hazardous waste mismanagement sharing expertise with other organisations Involving the private sector incorporating hazardous waste awareness into other programmes 25

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Conclusion We think that these proposals are balanced and ambitious Parts could be integrated into the work on the Strategic Framework There is a need for further development, commitment and money 26

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva Conclusion Developing and executing these proposals will help the Convention to move forward and address the challenges of hazardous waste management globally 27

INDONESIAN-SWISS CLI Mission briefing COP 10 Basel Convention, , Geneva National Coordinators of the CLI: Mr. Herry Hamdani for Indonesia, Ministry of Environment, Republic of Indonesia Gabi Eigenmann for Switzerland, Swiss Federal Office for the Environment FOEN 28