Mohammad K. Koba Franz Perrez Permanent Mission of Indonesia Federal Office for the

1. 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, 14th September 2011, Geneva Mohammad K. Koba Franz Perrez Permanent Mission of Indonesia Federal Office for the to the UN, WTO & other International Environment Organizations in Geneva Switzerland

2. Introduction CLI Indonesian Swiss Country-Led Initiative / CLI was launched COP 9 Decision IX/26 - President’s statement 2 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.

3. Introduction CLI Objectivesof the CLI 3 > 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

4. 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

5. IntroductionCLI 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 5

6. IntroductionCLI Transparent process: • 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

7. 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

8. Follow up after the three CLI meetings • 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 • Events at the COP 10 on the CLI: • An information session, October 16 • Reception, October 18

9. Main conclusions of the CLI meetings • Quantities of tbm are increasing • Main driver of transboundary movements is economic • Other drivers include: • Legal issues; • Enforcement issues • Awareness raising and knowledge.availability of technology

10. Main conclusion of the CLI • Quantities of tbm are increasing • Main driver of transboundary movements is economic • Poor waste management impacts human health and the environment • All countries face problems • The poorer countries are hardest hit

11. Proposals The 3 builiding blocks of the draft omnibus decision Ban Amendment ESM • Legal clarity • lllegaltraffic • Vulnerable countries • Regional centers • Capacitybuilding

12. 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

13. Proposals The same transboundary movements of hazardous waste (TBM) independently whether the Ban amendment is in force or not

14. 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

15. 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

16. 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

17. 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

18. 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

19. Proposals • 3. Providing further legal clarity We proposethat 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

20. 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;

21. 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:

22. 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.

23. 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

24. 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

25. 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

26. 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

27. Conclusion Developing and executing these proposals will help the Convention to move forward and address the challenges of hazardous waste management globally

28. National Coordinators of the CLI:Mr. Herry Hamdani for Indonesia, herry@menlh.go.idMinistry of Environment, Republic of IndonesiaGabi Eigenmann for Switzerland, gabi.eigenmann@bafu.admin.chSwiss Federal Office for the Environment FOEN