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USA ENVIRONMENTAL GROUPS DENOUNCE U.S. REFUSAL TO RATIFY GLOBAL WASTE DUMPING BAN

by BAN for Immediate Release:


May 12, 1998. American environmental organizations have joined in denouncing the US State Department's efforts to ratify the 1989 Basel Convention without ratifying an amendment to that Convention adopted in 1995, which bans the export of hazardous wastes from countries such as the United States to developing countries. In a letter to Melinda L. Kimble, Acting Assistant Secretary of State for the Department of Oceans and International Environmental and Scientific Affairs (OES), the groups opposed any form of ratification other than full ratification of all of the decisions and amendments of the treaty. They accused the State Department of trying to "turn back the clock" and ignore the greatest global achievement for environment and justice passed in recent years -- The Basel Toxic Waste Dumping Ban.

While the original 1989 Basel Convention merely required paperwork to be passed between countries prior to exporting hazardous wastes, this approach was seen as ineffectual at preventing waste exports and hazardous waste generation, the goals of the Basel treaty. Thus in 1995, 105 country members of the treaty agreed by consensus to adopt an amendment that banned the export of hazardous wastes from member states of the Organization of Economic Cooperation and Development (OECD, 29 of the worlds most developed countries), to non-OECD countries.

"The 1989 treaty legitimized the export of hazardous wastes to poorer countries, while the 1995 amendment, criminalized it. Needless to say the difference is night and day," said Jim Puckett of the Basel Action Network, a global toxic waste pressure group whose secretariat office is in Seattle. "What the US is attempting is tantamount to a new state joining the United States deciding to ratify just the original 1787 US Constitution without accepting the bill of rights or the amendment banning slavery. Its simply not acceptable."

Already the Basel Ban amendment has been ratified and implemented by 16 of the 29 OECD countries including all member states of the European Union. However, the US State Department Deputy Director of Office of Environmental Policy, Robert Ford has told the Basel Action Network that the US intends to align their policy with that of the business lobby group, the United States Chamber of Commerce, which has just now decided to call for ratification of the Convention but not the Basel Ban Amendment. This State Department announcement not only flies in the face of world opinion but also contradicts the Clinton Administration position stated publicly on February 28, 1994, when EPA administrator Carol Browner called for an end to all hazardous waste exports outside of North America.

"While the rest of the world is mending its toxic colonialist ways, the Clinton Administration apparently wants to perpetuate a free market in toxic waste where arm twisting and big payoffs allow dirty US enterprises to export their pollution and rather then deal with it responsibly at home, said Puckett."

For more information contact:

Jim Puckett
Basel Action Network (BAN) Secretariat
Phone/Fax: 206.720.6426
E-mail: jpuckett@ban.org
Website: http://www.ban.org


Examples of US Toxic Waste Dumping Abroad

American enterprises have been responsible for numerous notorious schemes which allowed the export of hazardous wastes to some of the poorest countries on earth. In his book Earth in the Balance, Vice President Al Gore wrote:

What used to be unthinkable becomes commonplace because of the incredible pressure from the mounting volumes of waste. One especially disquieting example is the idea of shipping waste across national borders.

HAITI -- Currently, 4,000 tons of toxic incinerator ash still languish on a beach in Haiti where they were dumped 10 years ago by the vessel "Khian Sea." Vice President Al Gore, in his book Earth in the Balance, cited the case of the Khian Sea. Despite his seeming concern however, an ongoing citizens campaign by environmental and humanitarian groups to have the US government and Philadelphia take responsibility for the toxic ash, has been rebuffed. Vice President Al Gore has not responded to a letter written to him in this regard by the Basel Action Network one month ago, and just today, a spokesperson for Philadelphia Mayor Ed Rendell has told the Philadelphia Daily News that "the taxpayers of Philadelphia have no obligation to remove the ash, or to pay for its removal, but in the interest of attempting to develop an effective proposal, the city is willing to contribute $50,000." The 50,000 dollar offering is a far cry from the necessary $300,000 dollars needed for the return of the ash. Meanwhile for the last 10 years the heavy metals and other toxics in the ash are blowing in the tropical wind and being carried into the sea by heavy rains. Cadmium and lead, two metals present in the ash, contribute to neurological damage, lung and bone disorders, birth defects and other health problems. If the United States had had an export ban for hazardous waste the Khian Sea case would have been prevented from ever taking place. For more information on the campaign to remove the Haitian Waste visit the website: http://www.essential.org/action/return/index.html

BANGLADESH -- In 1992, the U.S. based Stoller Chemical Company shipped hazardous waste materials as fertilizer and sent it to Bangladesh where farmers put it on their fields. Some of the waste was recovered but some was also placed on the rice paddies of poor Bengali farmers. Bangladesh demanded that the United States take back the shipment and some of it was returned. However the Bangladesh government, perhaps the poorest country in the world, had to pay for part of the re-export of the toxic waste. The waste fertilizer was made with "baghouse dust" and contained hazardous levels of lead, which causes neurological problems in children, and cadmium, which causes kidney problems and cancer. If the United States had banned the export of hazardous waste to non-OECD countries, the Bangladesh case would have likely been prevented.

INDIA -- On April 20th of the year, the US Interagency Panel on Shipscrapping recommended that the US Defense Department and the Merchant Marine, continue to allow their old obsolete ships to be scrapped in developing countries like India, Pakistan and Bangladesh despite the well known fact that the ships contain hazardous wastes such as PCBs and asbestos and that neither the shipbreaking workers nor the environment in those countries are protected from these dangerous substances. Further, safety precautions for the workers there are non-existent and it is estimated that on average about one worker dies per day at one particularly large shipbreaking operation in Alang, India. Basically, the Interagency Panel, recommended to keep the export option open as it saves taxpayers of the United States a lot of money that would have to be used to safely dismantle the ships according to more stringent Environmental Protection Agency and Occupational Safety and Health Administration rules in this country. If the United States had already ratified the Basel Ban the hazardous ship exports would be impossible and US shipyard workers would be provided with the jobs for properly dismantling the ships.

For more information on the shipbreaking issue visit:

http://www.denix.osd.mil
http://www.ban.org
www.sunspot.net
http://www.sunspot.net/news/special/shipbreakers/


Copy of Letter:

May 8, 1998

Melinda L. Kimble
Acting Assistant Secretary of State,
Oceans and International Environmental and Scientific Affairs (OES)
United States State Department
2201 C Street, NW
Washington, DC 20520

 

Dear Melinda L. Kimble:

We the undersigned environmental organizations wish to express our strong disagreement with the State Department's recent position to selectively ratify and implement the 1989 Basel Convention while refusing to ratify and implement the 1995 Amendment to that convention which effectively bans the export of hazardous wastes from member states of the Organization of Economic Cooperation and Development (OECD) countries (and Liechtenstein), to all other countries.

This Basel international waste dumping ban was agreed by a consensus decision of the 65 Parties to the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal in 1994 and was adopted again by consensus as an amendment by 82 Parties in 1995. In the most recent meeting of the Basel Contracting Parties held in February of this year, 105 Basel Parties passed another decision by consensus reaffirming the Basel Ban Amendment and "strongly appeals to Parties to ratify the Amendment...as soon as possible."

The Basel Ban has been hailed as the most significant achievement for environmental justice since the United Nations Rio Conference on Environment and Development. Already it has been ratified and implemented in national legislation by all 15 member states of the European Union, Norway and Ecuador. Other countries which were awaiting the outcome of the Basel Technical Working Group for clarity on just which wastes were covered by the Convention and the ban are expected to now ratify the Convention quickly as the new hazardous waste lists which clarify the definitions have been adopted to everyone's satisfaction at this year's February Basel meeting. The lack of clarity on definitions were cited by the United States and certain vocal business interests as one of the main reasons for unwillingness to accept the ban.

There is no longer any decent excuse for governments to refuse to ratify both the Basel Convention and the Basel Ban. For most of the world, the Basel Ban ends a sad chapter of "toxic colonialism" which saw the toxic effluent of the affluent nations being exported to developing countries, endangering the health and environment of countries that can ill afford more problems. The Basel Ban is also one of our best opportunities for promoting waste prevention as it removes a huge disincentive to reduce hazardous wastes at home -- the goal of toxics activists and policy makers alike. Once all cheap and dirty waste disposal options are closed, industry will finally have a real incentive to produce less waste and reduce its toxicity. Externalizing pollution costs is always wrong, particularly when such pollution is externalized to developing countries.

On February 28, 1994 Vice-President Al Gore and EPA chief Carol Browner announced to the world a new set of "Principles," foremost of which was the intention to ban hazardous waste exports beyond North America. Now, four years later the United States has still not realized that supposed goal. Instead the United States has spent significant amounts of time and money trying to convince the rest of the world that the Basel Ban is a bad idea. At each Basel meeting from 1992 to date US delegations to the Basel Convention have tried to convince the Basel Parties to reject or weaken the ban. We don't hear much talk about the administration's waste trade "principles" anymore. But we have not forgotten.

We believe, that unless the United States accedes to all of the Basel Convention, all of its decisions and amendments, including the Basel Ban, the United States should not attempt to accede to the treaty at all. The arguments that Ratification of the Convention is better than nothing, and is all that can be accomplished anyway under a Republican Congress does not hold water when the administration position on the Basel Convention is no different than that of the Republicans and of a significant business lobby, in its opposition to, and continuing efforts to sabotage the ban--the most environmentally significant part of the treaty.

The argument that the United States lacks statutory authority to control waste exports while it remains a non-Party to the Convention is likewise disingenuous as it is already party to a 1986 OECD agreement which is virtually identical to the 1989 Basel Convention, and the United States meanwhile continues to try and hold open the door for more legal exports to developing countries by its active opposition to the Basel Ban. It is clear that rather than trying to move in the right direction, the United States is simply trying to move into a treaty in order to move it in the wrong direction.

The environmental community in the United States and throughout the world stands ready to support the administration in any effort to properly ratify the whole Convention, decisions, amendments and all. But we the undersigned organizations oppose the United States' cynical move to ratify and implement only the minimalist and inadequate 1989 Convention.

Signed,

 

Jim Puckett
Coordinator, Basel Action Network Secretariat

on behalf of the following signatories:

Basel Action Network, Member Organizations
Lois Gibbs, Director, Center for Health, Environment and Justice (CCHW)
Brennan van Dyke, Senior Attorney, Center for Intl. Environmental Law (CIEL)
Ann Leonard, Co-Director, Essential Action
Andrea Durbin, Director International Program, Friends of the Earth
Kristen Engberg, Executive Director, Greenpeace USA
Ross Vincent, Chair, Environmental Quality Strategy Team, Sierra Club

cc: Rafe Pomerance, State Department, Director, Office of Environmental Policy
Robert Ford, State Department, Head of Basel Convention Delegation, COP4
Congressman Michael Bliley, Chairman of House Committee of Commerce
Senator John Chafee, Chairman of Senate Committee on Environment and Public Works
Robert Tonetti, Chief International and Special Projects Branch
Carol Browner, EPA Administrator
Vice President Al Gore, White House
Madeleine Albright, Secretary of State


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