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Presentation of the Context and the Concept of the CLI

First Meeting of the Indonesian-Swiss Country-led Initiative on an informal process to improve the effectiveness of the Basel Convention. Presentation of the Context and the Concept of the CLI. Bali, Indonesia 15 – 17 June 2009. Emma Rachmawaty Franz Perrez

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Presentation of the Context and the Concept of the CLI

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  1. First Meeting of the Indonesian-Swiss Country-led Initiative on an informal process to improve the effectiveness of the Basel Convention Presentation of the Context and the Concept of the CLI Bali, Indonesia 15 – 17 June 2009 Emma Rachmawaty Franz Perrez Ministry of Environment Federal Office for the Environment Indonesia Switzerland

  2. Introduction CLI Context of the CLI: 2 1989: Adoption of Basel Convention1st decade: focus on transboundary movement of hazardous wastes2nd decade: esm; improving capacities; partnerships 1994: COP 2, decision II/12 1995: COP 3, Ban Amendment:prohibition export for final disposal Annex VII to non Annex VIIphase out export for recycling Annex VII to non Annex VII Ban Amendment has not yet entered into force

  3. Introduction CLI Context of the CLI: 3 Over time, discussion on Ban Amendment has become very emotional and over-politicized: • Some see it as the best solution to a complex problem • Some see it as a harmful tool that prevents effective and efficient esm of hazardous wastes Even impossible to agree on the threshold for the entry into force of the Ban Amendment!

  4. Introduction CLI Context of the CLI: 4 The ban amendment has become a symbol! What is needed: to focus on the problem beyond the symbol!

  5. Introduction CLI Indonesian Swiss Country-Led Initiative / CLI was launched COP 9 Decision IX/26 - President’s statement 5 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.

  6. Introduction CLI Objectives of the CLI 6 To develop recommendations for COP 10 for a way forward to attain the objectives of the Basel Convention and the Ban Amendment, namely • to protect countries without adequate capacity to manage hazardous wastes in an environmentally sound manner from unwanted imports of hazardous waste, and • to ensure that the transboundary movements of hazardous wastes, especially to developing countries, lead to an environmentally sound management of hazardous wastes as required by the Basel Convention,

  7. Introduction CLI Objectives of the CLI 7 • 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! • The objective of the CLI is not to discuss the Ban amendment as such or the interpretation of Art. 17.5 about the entry into force of the Ban Amendment.

  8. Introduction CLI Process of the CLI • Informal, open-minded and dynamic consultations among key players • Think-tank, brainstorming • Therefore: Chatham House rule! • However: Transparent process: • reports disseminated to all Parties to the Basel Convention, NGOs, IGOs and Non-Parties • Invitation to submit comments and inputs. • development of the Initiative is published on the BC’s website • Briefing of Missions in Geneva 8

  9. Introduction CLI Process of the CLI Three physical meetings are planned, addressing the following issues: 1) identify, analyse and enhance the understanding of the problem; 2) continuation of this analysis and beginning to develop options and solutions; 3) formulation of recommendation for the COP 10, containing the analysis of the problem and possible solutions or way forwards. 9

  10. Introduction CLI Overview of 1st meeting: 1. Overview CLI 2. Overview Background: provisions Basel Convention, Ban Amendment, situation of countries, waste streams… 3. Analysis of the Problem building i.a. on experience of countries 4. Development of Common Understanding 5. Planning further Process 10

  11. Objectives and Outcome of the 1st Meeting Objectives: Building on the President’s statement of COP 9 • Development of a common understanding: of the challenges to achieve the objectives of the Ban Amendment and the Basel Convention and of the reasons, why these objectives have not yet been fully achieved • Building a basis to develop later in the process jointly, in an open minded, constructive and forward-looking manner, concrete proposals for COP 10. Expected Outcome: • The expected outcome will be a summary of the discussions and the analysis 11

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