Measures to address illegal traffic in hazardous chemicals Nigerias Experience

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Measures to address illegal traffic in hazardous
chemicalsNigerias Experience

• Symposium on Illegal International Traffic in
  Hazardous Chemicals
• 6-8 November 2006
• Prague - Pruhonice, Czech Republic
• Dr. O.O Dada,
• Deputy Director
• Federal Ministry of Environment, Nigeria

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NATIONAL BACKGROUND INFORMATION

• The Federal Republic of Nigeria is situated on
  the West Coast of Africa
• It occupies an area of 923,773 square kilometers.
  
• Bordered by the Republic of Benin to the West,
  Niger to the North, Cameroon to the East and the
  Atlantic Ocean to the South.
• Estimated population of 120 million based on 1991
  census and an annual growth rate of 2.7, with
  71 of the population living in rural areas.
• Nigeria is presently under civil democratic rule
  and the seat of the new democratic government is
  in Abuja.
• Official language is English.

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MEASURES TO ADDRESS ILLEGAL TRAFFIC

• National Instruments of Intervention
• Ratification of Basel, Bamako, Rotterdam and
  Stockholm Conventions and Montreal Protocol
• Domestication of Conventions ongoing process
• National Policy and legislative framework on
  chemicals management
• The Federal Environmental Protection Agency Act
  58 of 1988 as amended by Act 59 of 1992 and 1999
  - Covers all aspects of environmental protection
  and pollution control, including natural
  resources conservation. The decree regulates the
  management of all categories of hazardous
  substances including chemicals and pesticides.
• The National Agency for Food and Drug
  Administration and Control (NAFDAC) Act 15 of
  1993, as amended by Decree 19 of 1999 -
  regulates and controls the importation,
  exportation, manufacture, advertisement,
  distribution and use of food, drugs, cosmetics,
  medical devices, bottled water and chemicals.

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National Instruments of Intervention- Contd.

• The Harmful waste (Special Criminal Provisions,
  etc) Act No. 42 of 1988
• prohibits all activities relating to the
  purchase, sale importation, transit,
  transportation, deposit and storage of harmful
  waste. This decree is being implemented by FMENV.
• S.1.15 National Environmental Protection.
  (Management of Solid Hazardous Wastes)
  Regulations. 1991 -With the goal of environment
  protection, sound management of solid and
  hazardous waste (including storage,
  trans-boundary movement, treatment disposal)
• Customs Excise Act 1990 -Regulation of all
  importation
• Nigerian Ports Authority Act -Transporting of
  chemical goods as specified in relevant section
• Nigerian Maritime Decree -Addresses the
  transporting of chemical goods.

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ADMINISTRATIVE MECHANISMS

• Establishment of a National Chemicals Management
  Committee for overseeing the implementation of
  the provisions of chemicals conventions-
  multistakeholder/ multisectoral in nature
• Establishment of a dump watch programme on
  transboundary movement of toxic and dangerous
  products
• Chemicals Information Exchanging and Networking
  amongst key stakeholders
• Compliance Monitoring and Enforcement with the
  objectives of strengthening government's control
  for successful implementation and appropriate
  enforcement of regulations.
• - In-built administrative and management schemes
  within legislations, such as permitting,
  classification, restriction, reporting and
  feedback with mechanisms to monitor the
  implementation.
• - Inspections, revocation of licenses/permits,
  audit procedures and reporting have been the
  major mechanisms adopted nationally to ensure
  compliance. There are also punitive provisions
  to ensure compliance such as shut-down of such
  facilities and prosecution/prison terms.

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Administrative mechanisms Contd.

• Port monitoring by customs and relevant
  regulatory officials
• The NGOs' supportive role in education and public
  awareness though very limited, cannot be
  underestimated.
• Development of national capacity for GHS
  implementation amongst key sectors and
  stakeholders

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Participation in international initiatives on
illegal traffic

• Hosts and support the Basel Convention Regional
  Coordinating Centre for Africa
• Nigeria on behalf of Africa had taken the lead in
  preparation of the resolution on prevention of
  illegal traffic during the fourth session of the
  IFCS in Bangkok, 2003.
• Nigerias leading role in the global efforts for
  the successful development of SAICM, with the
  hosting of the first regional meeting in 2004 and
  currently serving as the Regional Focal Point

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Problems/ constraints in the control of illegal
traffic

• Inadequate commitment from government and private
  sector for sustained funding of operating
  enforcement costs
• Inadequate technology required for enforcement
  e.g. laboratories computer facilities access to
  international databases etc
• Lack of cooperation/coordination between
  governmental organisations regulating various
  aspects of chemicals management
• Inadequate infrastructure e.g. road networks,
  telecommunications etc
• Inadequate capacity and capability within
  government and other relevant sectors involved
• Inadequate financial resources
• Inadequate legal framework on detection,
  prevention and control on illegal traffic
• Low public awareness and education

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WAY FORWARD?CAPACITY BUILDING NEEDS

• Access to international databases on preventing
  illegal traffic
• Information exchange and network among
  stakeholders at national and regional levels
• Training of customs, agricultural and health
  officials to detect illegal toxic hazardous
  chemicals
• Provision of Guidance materials on development of
  specific action plans on illegal traffic by
  relevant IOMC organisations
• Provision of basic infrastructures for effective
  application of international conventions relating
  to transboundary movements of chemicals and
  hazardous waste
• Dissemination and use of customs risk profiles
  and material safety sheets as official means of
  identifying probable cases of illegal traffic.

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WAY FORWARD -CONTD

• Development of effective national institutional
  framework to address illegal traffic
• Strengthening coordinating mechanisms
• Effective compliance monitoring and enforcement
• Adequate financial provisions

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CONCLUSIONS

• ROLE OF INTERNATIONAL COMMUNITY?
• Creation of a global information network,
  including early warning systems, across
  international borders, especially at the regional
  level.
• Promoting the adoption by intergovernmental
  organizations of decisions on the prevention of
  illegal international traffic in toxic and
  hazardous products
• The Rotterdam and Basel Conventions Secretariats
  to give priority to how national laws may be more
  effectively applied to the transboundary movement
  of toxic and hazardous chemicals