hazardous waste management among asean countries · humans, plants or animals, are flammable,...

Universities Research Journal 2011, Vol. 4, No. 7

Professor; Dr , Department of Law , University of Mandalay.

Hazardous Waste Management Among ASEAN Countries Tin Htay Ei

Abstract In recent years, the rapid industrial development of many ASEAN countries has been accompanied by serious public health and environmental problems related to the improper disposal of hazardous wastes. All ASEAN countries have formulated environmental management and pollution control plans and policies. To ensure safe and proper management of hazardous waste , most of the ASEAN countries have adopted a number of effective legislations and ratified the the Basel Convention on the Control of Transboundary Movements of Hazardous Waste (1989).In the overall framework of environmental protection in the ASEAN region, greater awareness for the Hazardous Waste management should be encouraged.

Key words: Environmental Law, Hazardous Waste Management, ASEAN Environmental Cooperation, Industrial Environment

Introduction

It is now widely believed that the planet faces a diverse and growing range of environmental challenges which can only be addressed through international co-operation. The growth of international environmental issues is reflected in the large body of principles and rules of international environmental law which apply bilaterally, regionally and globally, and reflects international interdependence.

Most countries now have environmental laws and regulations in place to provide at least minimum environmental standards to which industry is expected to adhere. Each country must develop its own institutional mechanisms to achieve its environmental priorities, according to its particular social, economic and political setting.

As for hazardous waste management, the ASEAN countries aim to comprehensively adopt a “cradle-to-grave” concept. Recycle, reuse, recovery and exchange of wastes will be promoted. All countries will place more emphasis on waste minimization and clean production technologies while expanding waste treatment and disposal facilities to meet greater

180 Universities Research Journal 2011, Vol. 4, No. 7

demand. A long-term goal has been adopted by member countries to minimize, if not completely eliminate, transboundary movement of hazardous wastes. All ASEAN countries have formulated environmental management and pollution control plans and policies and have moved towards the preparation and implementation of Agenda 21 which was agreed at the UNCED held in Rio de Janeiro, Brazil in 1992.

The ASEAN Heads of Government agreed that, ASEAN should continue to enhance environmental cooperation, particularly in issues of transboundary pollution, natural disasters, forest fires and in addressing the anti-tropical timber campaign.

Hazardous Waste Management is an important issue for human health. So there should not only be Hazardous Waste control by a state itself but also cooperation in the control of Hazardous Waste Management and transboundary pollution with regional countries. In addition, developed countries should facilitate developing countries in this field of Hazardous Waste Management through the transfer of technologies, the establishment of standardizations and by enhancing environmental education for Hazardous Waste Management. It is without doubt that by cooperation, the ASEAN regional countries will gradually be able to attain a peaceful and sustainable level of development.

Materials and Methods

A comprehensive analysis was made of the legal and practical aspects of Hazardous Waste Management among ASEAN countries, covering the institutions involved at national and sectoral levels, related laws and bylaws, current practice and the relevant international conventions and legislation. Moreover, analysis was made on the ASEAN Regional Environmental Cooperation.

Results

In the overall framework of environmental protection in the ASEAN region, greater awareness for the protection of the environment should be encouraged. The ASEAN member countries should focus on the legalistic control of Hazardous Waste and on cooperation in their environmental education programmes, working closely together and with greater commitment, in collaboration with other regional and international agencies/organisations. All ASEAN member countries should ratify the

Universities Research Journal 2011, Vol. 4, No. 7 181

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes.

Discussion

The Nature of Hazardous Waste Dangerous waste is variously described in different legal regimes as

special waste, hazardous waste and toxic waste, as well as dangerous waste.

A proportion of the wastes generated by industry are deemed to be “hazardous wastes” because they contain substances that are toxic to humans, plants or animals, are flammable, corrosive, or explosive, or have high chemical reactivity. "Hazardous wastes" means wastes other than radioactive wastes which, by reason of their chemical reactivity or toxic, explosive, corrosive or other characteristics causing danger or likely to cause danger to health or the environment, whether alone or when coming into contact with other wastes, are legally defined as hazardous in the State in which they are generated or in which they are disposed of or through which they are transported. 1

1 Principles of International Environmental Law I, Phillipe Sands, 1995, Pg.495

Public-health concerns

Health problems, environmental pollution, accidents and explosions are frequently the results of hazardous wastes. Inappropriate and often careless handling of hazardous wastes can result in severe human-health and serious environmental pollution problems. Childhood leukemia, birth defects, prenatal mortality, and gastrointestinal disorder has been associated with hazardous wastes containing lead, arsenic, and trichloroethylene. Cancer, skin allergy, kidney ailment, and miscarriages may be connected with toxic wastes containing benzene, chloroform, trichloroethylene, acetone, and methylene chloride. These are therefore the common issues.


Legislations Relating to the Management of Hazardous Waste in ASEAN Countries

Most countries now have environmental laws and regulations in place to provide at least minimum environmental standards to which industry is expected to adhere.

Each country has its own cultural and legal context by which anti-social or criminal behavior is dealt with. But permits and inspections need to be carried out in a way that facilitates later remedial action if required. Financial penalties can contribute to the overhead and running costs of the inspectorates as well as having a deterrent and penalty function.

Among the ASEAN countries, it is an accepted fact that hazardous waste is potentially damaging to the environment and must therefore be controlled. Increasing numbers of countries in the ASEAN region are in the process of formulating policies and strategies to manage hazardous waste. In this snowballing movement, it is accepted that public education plays a vital role to a successful national waste management system.

BRUNEI Darussalam

Negara Brunei Darussalam (Brunei) is a small country and it occupies a land area of 5,270 square kilometers1

1 AirNinja.com - Population of Brunei 2000-2007

.

Environmental Institutions - There is no single Ministry or Department in Brunei which is specifically responsible for environmental matters. Responsibility for environmental management is fragmented amongst several ministries, departments and units according to the sector concerned. Even though there is no separate Ministry for environmental matters, there exist two institutions ,the National Committee on the Environment (NCE) and the Environmental Unit of the Ministry of Development. The NCE was established in 1993 by the Brunei Government.

Environmental Legislation - Brunei has no framework or umbrella legislation on the environment. Matters pertaining to the environment are regulated by existing sectoral laws governing the various economic activities.


EIA Legislation-Brunei does not have specific laws requiring mandatory environment impact assessments (EIAs) for projects. The Town and Country Planning (Development Control) Act gives the Minister of Development discretionary powers to require an impact assessment and to regulate development in areas designated as development control areas. New industries must submit plans to the Ministry of Industry and Primary Resources indicating measures to be taken to alleviate environmental impacts.1

The framework Law calls for EIAs to be conducted for every private or public project, to be reviewed by the Ministry of Environment before submission to the Government for a final decision.

The Kingdom of CAMBODIA

The Kingdom of Cambodia is located in mainland Southeast Asia bordering the Gulf of Thailand and it occupies a total land area of 176,520 square kilometers.

Environmental Institutions - Overall management of the environment lies with the Ministry of Environment (MOE), which was created in 1993. The MOE has wide responsibilities, which are spelled out in the Law on Environmental Protection and Natural Resources Management. At the provincial and city levels, there are corresponding Provincial/City Environment Departments. These local departments have the responsibility of enforcing the environmental legislation coming under the competence of the MOE. Environmental Legislation - Article 59 of the Cambodian Constitution provides for the protection of the environment. In November 1996, the Cambodian National Assembly passed the Law on Environmental Protection and Natural Resource Management (the framework Law). The Law was prepared with technical and financial assistance from the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP) and the United States Agency for International Development (USAID).

2

1

http://law.nus.edu.sg/apcel/dbase/brunei/reporti.html#sec 3,4 2 http://law.nus.edu.sg/apcel/dbase/cambodia/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/brunei/reporti.html#sec�


The Republic of INDONESIA The Republic of Indonesia is a sprawling archipelagic nation of

13,500 islands occupying a land area of 1,826,440 square kilometers.

Environmental Institutions- In Indonesia, the institution responsible for environmental management and coordination is the Office of the State Minister for the Environment (sometimes known as the State Ministry for the Environment). In 1990, the Indonesian government established an environmental institution known as the Badan Pengendalian Dampak Lingkungan (BAPEDAL) - the Environmental Impact Management Agency.

Environmental Legislation -The framework environmental legislation in Indonesia was the Environmental Management Act No. 4 of 1982. The enactment of this Act and the establishment of the Office of the State Minister for the Environment followed from the flurry of environmental interest and activity generated by the 1972 UN Stockholm Conference on the Environment. On 19 September 1997, a new Act was passed to replace Act No. 4 of 1982 - this was Act No. 23 of 1997 concerning the Management of the Living Environment (the 1997 Environmental Management Act).1

Environmental Legislation - Article 17 of the 1991 Constitution of the Lao PDR provides that: "All organizations, all citizens must protect the environment and natural resources: land, subterranean, forests, fauna, water source and atmosphere." Pursuant thereto, a national policy framework

The LAO People’s Democratic Republic

The Lao People’s Democratic Republic (Lao PDR) is a landlocked, relatively less developed state in mainland South East Asia, occupying 230,800 square kilometres of land area.

Environmental Institutions- Following the 1992 Rio Earth Summit, the Science, Technology and Environment Organisation (STENO) was established directly under the Prime Minister’s Office. Other sectoral ministries and agencies possess vast powers over environmental matters falling within their respective spheres of competence.

1 http://law.nus.edu.sg/apcel/dbase/indonesia/reporti.html#sec1-6


known as the Environmental Action Plan (EAP) was passed in November 1993 (and subsequently revised in 1995).In 1999, the Lao PDR promulgated the Environmental Protection Law.The main sectoral laws in existence include the Forestry Law, the Mining Law and the Water and Water Resources Law.

The EIA Process- At the present moment, the EIA system utilised in the Lao PDR is informal and ad hoc in nature. Every major development project in the Lao PDR is required to carry out an EIA study according to a Memorandum of Understanding (MOU) signed between the project’s investors and the Government.1

There is also a specific provision on the dumping, import and export and transit of "scheduled wastes" (hazardous materials).Amongst the major federal laws are the Environmental Quality Act 1974 and its amendments and subsidiary legislation, the Fisheries Act 1985, the Pesticides Act 1974 and the Plant Quarantine Act 1976.

MALAYSIA Malaysia, comprising Peninsular Malaysia and the Eastern

Malaysian states of Sabah and Sarawak on Borneo island.

Environmental Institutions- Environmental management is conducted at the federal level by the Department of Environment (DOE) of the Ministry of Science, Technology and Environment. Within each state, the state governments have corresponding authorities and officials in charge of environmental matters. Environmental Legislation - The main framework environmental legislation in Malaysia is the 1974 Environmental Quality Act (hereinafter "EQA) and the regulations enacted thereunder. The 1974 EQA has been substantially amended in recent years, principally by the Environmental Quality (Amendment) Act 1996 (Act A953). References to the EQA will be taken to mean the amended EQA.The EQA employs a regulatory framework based upon the issuing of licenses and the prescription of premises to be regulated.

2

1 http://law.nus.edu.sg/apcel/dbase/laos/reporti.html#sec1-4 2 http://law.nus.edu.sg/apcel/dbase/malaysia/reporti.html#sec1-4


The Union of MYANMAR The Union of Myanmar occupies a land area of 657,740 square

kilometres on the north-western portion of the South East Asian mainland.

Environmental Institutions - Waste management is carried out by various institutions for pollution control at the national and sectoral levels. In 1989, the Ministry of Foreign Affairs (MFA) began to assume authority over domestic environmental protection issues, while the Cabinet retained responsibility for international environmental matters. At present, the Ministry of Forestry deals with matters concerning the National Commission on Environmental Affairs ( NCEA ). The NCEA’s main mission is to ensure sustainable use of environmental resources and to promote environmentally sound practices in industry and in other economic activities. The Government of Myanmar formed the Committee on Conservation of Natural Environment on 26th March 2004 and (10) special working groups for the conservation of the environment were subsequently formed under this Committee on May 19th 2004 to protect soil, air and water from pollution.The important sectoral agencies in the area of environmental protection are the Ministry of Forestry ,Ministry of Industry (1) and (2) and the Department of Occupational Health in the Ministry of Health.

Environmental Legislation - There are several environment-related sectoral laws in Myanmar . Although most of related laws were enacted for other objectives rather than for environmental protection, some provisions contain environmental elements. Criminal Enforcement is dealt with in Chapter 14 of the Penal Code (1860 ) .With the formation of the NCEA in 1990, a National Environmental Policy (NEP) has been formulated.

The environmental management effort in Myanmar is currently sectoral in nature. However, efforts have been taken since 1995 to formulate the Myanmar Agenda 21, a policy document which provides an integrated framework of programmes and actions aimed at securing the aims of sustainable development.

EIA Legislation - EIAs are conducted on an ad hoc basis for projects funded by international organisations and some foreign corporations. The Myanmar Agenda 21 recognises the need for EIA laws.1

1 http://law.nus.edu.sg/apcel/dbase/myanmar/reporti.html#sec1-4


The Republic of the PHILIPPINES The Republic of the Philippines is an archipelago of 7,100 islands in

the South China Sea occupying a land area of 298,170 square kilometres, with a coastline of over 36,000 kilometres in length.

Environmental Institutions- Environmental management, conservation and development in the Philippines is administered on a national level by the Department of Environment and Natural Resources (DENR), which was created in 1987. Within the DENR are several natural resource management bureaus, the most important of which are the Environmental Management Bureau (EMB), the Forest Management Board (FMB), the Land Management Bureau (LMB), the Mines and Geosciences Bureau (MGB) and the Protected Areas and Wildlife Bureau (PAWB). The management, conservation, development, protection, utilisation and disposition of all fishery and aquatic resources of the country (except for municipal waters, which are under the control of the municipal or city governments), are within the jurisdiction of the Bureau of Fisheries and Aquatic Resources, a line bureau constituted under the Department of Agriculture.

Environmental Legislation - The Philippine Environment Code, in turn, contains general principles dealing with the major environmental and natural resource concerns of the Philippines.

The Philippines has the only specific legislation relating to the prospecting of biological and genetic resources, as well as the most advanced EIA, mining, fisheries, protection of ancestral domain and protected areas legislation in the region. The main legislation mentioned above have been supplemented in varying degrees by subsidiary legislation, primarily in the form of DENR Department Administrative Orders (commonly known as DAOs). In December 1996, DAO 37/1996 was issued by the Secretary for the Environment to streamline the EIA system.

The Environmental Impact Statement (EIS) System - The Philippine Environmental Impact Statement (EIS) System requires all government agencies, government-owned or controlled corporations, and private companies to prepare an Environmental Impact Assessment (EIA) for any project or activity that significantly affects the quality of the environment. The Philippine EIS system is extremely comprehensive and entails an EIA being conducted to study the relationship between a


proposed project and its surrounding environment. Unlike in several other countries, the EIS system does not merely emphasise the regulation of industrial pollution, but is also aimed at the protection of natural resources, fragile ecosystems and the rights of local communities. 1

The Republic of Singapore is a small island state lying at the tip of the Malayan Peninsula at the crossroads of South East Asia. Consisting of the main island of Singapore and some 60 islets, Singapore has a land area of 637 square kilometres and a coastline of 193 kilometres.

The Republic of SINGAPORE

2

Environmental Impact Assessments (EIAs) - There is at present no legislation in Singapore making EIAs compulsory for major developmental projects. However, as and when the Ministry of Environment deems a particular project to have sufficient potential for pollution that may affect public health, an EIA may be required. The Master

Environmental Institutions- Overall management of the environment lies with the Ministry of Environment (ENV). The ENV was first established in the 1970s as a department within the Prime Minister’s Office before eventually becoming a full-fledged Ministry. The Pollution Control Department (PCD) within the ENV is in charge of environmental planning and building development control, air and water pollution control and the regulation of hazardous substances and wastes.

Environmental Legislation- The Constitution of the Republic; Acts enacted by Parliament; Subsidiary legislation (in the form of Regulations and Orders) issued by the Ministers.The Singapore Constitution does not contain any provisions on the environment. Neither does Singapore have a framework law on environmental protection and management.

Two general categories of environmental legislation exist - that dealing primarily with the regulation of wastes and emissions from industries, hospitals, households and vehicles (pollution control laws), and that dealing with the protection of natural areas and wildlife (nature conservation laws).

1 http://law.nus.edu.sg/apcel/dbase/philippines/reporti.html#sec1-5.3 2 AirNinja.com - Population of Singapore 2000-2007


Plan Committee in practice, has required EIAs of developmental projects which have pollutive potential.1

Environmental Legislation -The main framework environmental legislation is the Enhancement and Conservation of the Natural Environmental Quality Act of 1992 (hereinafter "EQA). The EQA is a fairly-substantive piece of legislation which contains several progressive provisions designed to enhance the protection of the environment.

The Kingdom of THAILAND

The Kingdom of Thailand occupies a land area of 514,000 square kilometres on the South East Asian mainland, with a coastline some 3,219 kilometres in length. The Thai economy is largely dependent upon agriculture, industry and services, with the main income earners being manufactured goods, rice and other agricultural products, fisheries, minerals and tourism.

Environmental Institutions- Environmental management is conducted on a national basis by the Ministry of Natural Resources and Environment (MONRE). The main departments are the Office of Environmental Policy and Planning (OEPP), the Pollution Control Department (PCD) and the Department of Environmental Quality Promotion (DEQP). These are further divided into several divisions and regional offices which take charge of specific environmental concerns at the national and provincial levels.

In Thailand, the responsibility over natural resource management resides primarily with the sectoral ministries. In particular, the Ministry of Agriculture and Cooperatives and the Ministry of Interior, together with their constituent departments, enjoy broad jurisdiction over numerous natural resource sectors.

2

The Socialist Republic of Viet Nam occupies a land area of 325,360 square kilometres, with a coastline some 3,444 kilometres in length. The economy is largely agricultural, and major exports include rice, crude oil

The Socialist Republic of VIET NAM

1 http://law.nus.edu.sg/apcel/dbase/singapore/reporti.html#sec1-5.3 2 http://law.nus.edu.sg/apcel/dbase/thailand/reporti.html#sec1-4


and natural gas, marine products, textiles and garments, and manufactured goods.

Environmental Institutions- Environmental management in Viet Nam is administered on a national level by the Ministry of Science, Technology and Environment (MOSTE). The environmental arm of MOSTE, the National Environmental Agency (NEA), is the body specifically tasked with the environmental protection mandate. Apart from MOSTE, the various line Ministries have Science, Technology and Environment Divisions within their hierarchy. In addition to these Ministries, there are a host of agencies, committees, general departments and research centres which may have powers and jurisdiction equivalent to those of a conventional ministry.At the provincial level, the relevant management authorities are the Departments of Science, Technology and Environment (DOSTEs), which carry out the environmental protection activities through their respective Environment Divisions.

Environmental Legislation - The framework Law on Environmental Protection (LEP) was passed by the National Assembly on 27 December 1993, and came into effect on 10 January 1994. The 55 articles of the LEP broadly establish the country’s policies on environmental protection. The LEP is a very broad and general document which sets out only a basic framework.

The Environmental Impact Assessment (EIA) Process- The EIA system in Viet Nam is implemented through Article 18 of the LEP and a series of implementing regulations, particularly Decree 175/CP and Decree 26/CP. Chapter III of Decree 175/CP contains requirements for the submission of EIAs by investors and enterprises, both foreign and local. Provisions prescribing the format and content of EIA reports are set out in the appendices to Decree 175/CP.1

The long term goal of hazardous waste control is to minimize, if not eliminate, the transboundary movement of hazardous waste in the ASEAN countries. The ASEAN countries are expected to ensure that “cradle-to-

Participation of ASEAN countries in international Environmental Conventions

1 http://law.nus.edu.sg/apcel/dbase/brunei/reporti.html#sec1-4.3


grave” concept is comprehensively adopted for hazardous waste management, together with hazardous waste classification and measures that restrict import and export, storage and labeling, transport, treatment and disposal and so on.

There are a growing number of multilateral agreements that address common environmental concerns of the global community. There are many Conventions relating to industrial hazardous waste management. However, only two out of these conventions will be presented here, i.e. The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal 1989 and The Stockholm Convention on Persistent Organic Pollutants (POPs), since these are the two conventions which were convened on a global level.

The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal 1989 (The Basel Convention)

There are a number of reasons why a country exports hazardous waste. Often, the nearest waste management facility capable of handling a particular waste stream may be just over the international border from the point of generation. In other cases, there may be a facility in another country that specializes in treating, disposing of, or recycling a particular waste. In some cases, hazardous wastes constitute “raw” material inputs into industrial and manufacturing processes. This is the case in many developing countries where natural resources are scarce or non-existent. In addition, the use of hazardous wastes is often preferable to natural resource extractions or hazardous waste disposal which can be very costly.1 When this activity was revealed, international outrage led to the drafting and adoption of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste which was initially signed by 116 nations in Budapest, Hungary in October, 1989 and which now has 172(up to 26th March 2010)2

1 http://www.basel,int/pub/basic.html#intro 2 http://www.basel.int/ratif/ratif.htlm

member nations. Among these (8) are ASEAN member countries. The Lao People’s Democratic Republic and the Union of Myanmar have not signed the Convention as yet. Several ASEAN member countries (Indonesia, Malaysia Philippine, Singapore, Thailand and


Vietnam) have prepared legislation to fulfill their obligations following their accession to the Convention.

The Convention went into force on May 5; 1992.It has twenty-nine articles and six annexes that regulate, from cradle to grave, all hazardous wastes that are to be shipped across national borders.

The objectives of the Basel Convention are,to minimize the generation of hazardous wastes in terms of quantity and hazardousness;to dispose of them as close to the source of generation as possible; and to reduce the movement of hazardous wastes.

Since there have so far been no known cases of transboundary movements of hazardous waste in Myanmar, in order to be able to maintain this desirable situation, it would be more appropriate for Myanmar to completely ban all transboundary movement of hazardous waste rather than just to control its movement as required under the Basel Convention and at the same time, Myanmar should aim to minimize the generation of all hazardous wastes. This method of hazardous waste management would contribute to the safe and sustainable development of the country and the conservation of its environment. Stockholm Convention on Persistent Organic Pollutants 2001 (The POPs Convention)

Persistent Organic Pollutants or POPs pose a particular hazard because of four characteristics: they are toxic; they are persistent, resisting normal processes that break down contaminants; they accumulate in the body fat of people, marine mammals, and other animals and are passed from mother to fetus; and they can travel great distances on wind and water currents. The Stockholm Convention on Persistent Organic Pollutants (POPs) is designed to eliminate or severely restrict production and use of POPs pesticides and industrial chemicals; ensure environmentally sound management and chemical transformation of POPs waste; and prevent the development of new chemicals with POPs- like characteristics. Its thirty Articles and six Annexes have been drawn up with this end in view. Finalized in Stockholm on May 23, 2001, the Convention has now been


ratified by the requisite 50 parties and became binding international law for those governments on May 17, 2004.1

Most of the pesticides targeted by the Convention are slated for immediate bans once the treaty takes effect. A longer phase-out (until 2025) is planned for certain Polychlorinated Biphenyls (PCB) uses. For DDT(1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane), the agreement sets the goal of ultimate elimination, with a timeline determined by the availability of cost-effective alternatives for malaria prevention, limiting use in the interim to disease vector control in accordance with World Health Organization guidelines.

2

1 WWF, Stockholm POPs Convention , Overview & Status of US Ratification and

Implementing Legislation , Pg . 2 2 Ibid , Pg .1.

To date,152 countries have signed the Convention, the last party being Afghanistan which singed on 18th July 2007. Among these all the ASEAN countries are signatories, Myanmar having acceded to the Convention on 18th April, 2004. The Stockholm Convention on Persistent Organic Pollutants entered into force on 17 May 2004 in accordance with paragraph 1 of Article 26 of the Convention. Implementation of the POPs Convention by ASEAN Member Nations

It has resulted in several national legal statutes being enacted. For example on the regulation of hazardous waste reductions, Singapore has banned the production and use of POPs (10 out of 12) mentioned in the MEA regulations and the Lao PDR has included regulations on chemicals and waste contamination in its environmental laws. Indonesia has been reported to have started a national inventory on the use of chemicals in industrial production, while Cambodia has submitted a proposal for a national implementation plan to the GEF. The Lao PDR on the other hand has proposed a case study on national POPs and pesticide use to UNEP. ASEAN has conducted awareness activities such as the ASEAN-UNDP Regional Training Seminar on Toxic and Hazardous Wastes in 1998 followed up by the ASEAN/UNEP Workshop on the Effective Implementation of Toxic and Hazardous Wastes” in 2001.


Countries like Myanmar, who have ratified or acceded to the Convention can, therefore, be said to have taken a step in the right direction. They should follow up this initial step by the establishment of necessary legislation and other measures to fulfill their obligations under the Convention.

ASEAN Regional Environmental Cooperation

Generation of Hazardous Waste in ASEAN As members of ASEAN continue to develop, it is expected that

there will be increasing use of toxic chemicals and generation of hazardous wastes.The estimated annual production of hazardous waste from some selected ASEAN Countries is given in Table 1.

Table 1: Estimated Annual Production of Hazardous Waste in Selected Countries, Thousand Tons

1993 2000 2010

Indonesia 5,000 12,000 23,000

Malaysia 377 400 1,750

Philippines 115 285 530

Singapore 28 72 135

Vietnam 460 910 1,560

Thailand 882 2,215 4,120

Source: Hernandez 1993:UNEP 1994: United Nations 1995; and Nelson1997

Hazardous wastes in Myanmar included metabolic wastes, organic compounds, and toxic heavy metals from dyeing, printing and finishing processes of the textiles and photoengraving industries.

In Hanoi, Vietnam, about 22,000 tons of hazardous wastes were generated in 1999. Eighty-nine percent came from industry and 11 percent from hospitals.1

1 State of Waste Management in South East Asia,2006, Pg.2.


Hazardous Waste Control in ASEAN Countries To ensure safe and proper management of hazardous wastes, most of

the ASEAN countries have launched a number of effective programs and measures to control waste, starting from waste collection, minimization, recycling, reuse, recovery, collection and transport, and trough treatment and disposal. Treatment and disposal methodologies for hazardous wastes (secured landfill, incineration, stabilization and solidification processes) have been introduced and put into operation in many ASEAN countries.1

Most ASEAN member countries have ratified or acceded to the Basel Convention to forge strong partnerships in preventing the illegal traffic of hazardous wastes. It has been reported that since 1978 illegal shipments of more than 300 barrels (200 liters each) of chemicals from other countries have arrived at the Bangkok port. These unwanted chemicals create problems for concerned authorities who have limited financial resources to use for their disposal.

2

Malaysia, Singapore, Thailand and Vietnam have implemented a scheme to tighten control concerning the cleaning of tankers and the disposal of sludge and slop oil generated. Waste minimization and cleaner technologies were introduced in several ASEAN countries as indicated by the establishment of MAWR (Malaysian Agenda for Waste Reduction) Program.

To ensure effective enforcement, the ASEAN countries require any transport of hazardous wastes from the generator’s premises to conform with safety requirements, including packaging, allowable load, route selection, timing and emergency plans. Only licensed operators are allowed to transport hazardous and toxic wastes. In 2000, the Singapore Ministry of the Environment renewed the license of 122 operators who provide disposal services for toxic industrial wastes.

3

1 ASEAN Achievements and Future Directions in Pollution Control, ASEAN , May

2002. Pg. 14 2 ASEAN Achievements and Future Directions in Pollution Control, ASEAN , May

2002. Pg. 15 3 ASEAN Achievements and Future Directions in Pollution Control, ASEAN , May

2002. Pg. 56-58


ISO and Environmental Management - ISO 14000 is primarily concerned with "environmental management". This means what the organization does to minimize harmful effects on the environment caused by its activities, and continually to improve its environmental performance.

It has developed more than 350 International Standards (out of a total of more than 12,000) for the monitoring of such aspects as the quality of air, water and soil. The ISO 14000 standards are practical tools for the manager who is not satisfied with mere compliance with legislation.

Within the ASEAN community, Indonesia , Malaysia , Philippines , Singapore and Thailand are five member nations who have started to implement ISO standards in their environmental Management systems .

At least there should be ISO legislation ( especially ISO 14001 ) for new Industrial Zones and the special Industrial Park which has been relocated from abroad . Undoubtedly, also, ISO legislation must be put in place for all industries emitting any form of hazardous waste. ASEAN Institutional framework for Environmental Management

Recognizing the benefits of collective action to address environmental problems, ASEAN formulated a framework for ASEAN cooperation on the environment within the first few years of its establishment. An early initiative was the preparation of an ASEAN Sub –regional program (ASEP) in 1977 with the assistance of the United Nations Environment Programme (UNEP). In the following year, the newly established ASEAN Experts Group on the Environment (AEGE) adopted the first of what became a series of ASEPs. ASEP I was endorsed by the First ASEAN Ministerial Meeting on the Environment endorsed ASEP II and III.A formally instituted structure exists in ASEAN where environmental issues are considered at various levels up to the ASEAN Heads of States/Government.

Deliberations of the Environment Ministers are also considered by the Foreign Ministers at their ASEAN Ministerial Meetings, especially in terms of enhancing co-operation. The ASEAN Senior Officials on the Environment (ASOEN) meet annually and are responsible for formulation, implementation, and monitoring of regional programs and activities on the environment.


Policy Framework - ASEAN co-operation in general is guided by the vision and broad strategic thrusts provided by the Heads of State/Government. In 1998, the ASEAN Heads of State/Government, after reviewing the last three decades of successful regional solidarity and co-operation, promulgated the ASEAN Vision 2020. The Vision renews ASEAN’s commitment to regional cooperation, taking into account past achievements, present realities and future opportunities. Among the various priority areas of concern addressed by the ASEAN Heads of State/Government, environment is an integrated manner to help realize their Vision of ASEAN as “a concert of Southeast Asian Nations, outward looking, living in peace, stability in partnership in dynamic development and in a community of caring nations”.

While ASEAN Vision 2020 and the Hanoi Plan of Action define the broad strategic and policy framework for environmental co-operation in the ASEAN Region, the Environment Ministers at every scheduled formal meeting issue declaration/resolution on the environment and sustainable development. These declarations, among others , assess the current status and developments both regionally and globally, articulate ASEAN’s concerns and responses in addressing these issues, and provide Senior Officials with policy guidance on future work initiatives.1

Achievements of the ASEAN Ministerial Bodies- The AMM , supported by the ASEAN Standing Committee and the ASEAN Senior Officals Meeting (SOM), oversees ASEAN's community -building efforts, external relations, strategic policy and development cooperation. The AMM implements the decisions of the ASEAN Leaders, working with the other sectoral bodies in ASEAN. The AMM is also responsible for the management of ASEAN's institutional and organisational affairs through the ASEAN Standing Committee.

2

Standards and Conformance- The ASEAN Policy on Standards and Conformance was endorsed by the AEM in September 2005 as a supportive measure for the AEC. Concrete results were seen on several

1 Prof.Dr.Surin Setamanit , Dr . Prayoon Fongsatilul, Dr. jakkris Sivadechathep ,

ASEAN Achievement and Future Directions in Pollution Control , 2002, Thailand , Pg.60-63

2 ASEAN Annual Report 2005-2006,P.16


fronts: (a) 140 standards to-date have been harmonised in ASEAN; (b) the Agreement on ASEAN Harmonised Electrical and Electronic Equipment Regulatory Regime was signed on 9 December 2005; (c) six laboratories in Malaysia, Singapore , Thailand and Viet Nam have been selected as ASEAN Reference Testing Libraries in the areas of mycotxsins, pesticide residues, veterinary drugs, microbiology, heavy metals and genetically modified organisms; (d) the ASEAN Common Food Control Requirements (ACFCR) have been finalized to provide guiding principles on food control systems, labeling and food hygiene; and (e) the Post Marketing Alert (PMA) System for defective and unsafe health care products was adopted.1

ASEAN Labour Minsters Meeting (ALMM) which was established in 1975, was scheduled to meet once in two years after 2004.

As an ASEAN environmental cooperation, - ASEAN Ministerial Meeting on Agriculture and Forestry (AMAF) which was established in 1979, meets annually.

ASEAN Ministers on Energy Meeting (AMEM) - which was established in 1980, meets annually.

ASEAN Ministerial Meeting on Minerals (AMMin) which was established in 2005, meets at least once in three years.

ASEAN Ministerial Meeting on Science and Technology (AMMST) - which was established in 1980, meets every year.

ASEAN Ministerial Meeting on the Environment (AMME) - which was established in 1981, meets once in three years.

ASEAN Ministerial Meeting on Haze (AMMH) - which was established in 1997, meets as the need arises.

2

In 1992, the issue of transboundary pollution was addressed by the ASEAN Heads of Government. The Singapore Declaration issued at the conclusion of the Fourth Meeting of the ASEAN Heads of Government held on 27 - 28 January 1992 states that "ASEAN member countries should continue to enhance environmental cooperation, particularly in issues of

ASEAN Cooperation Plan on Transboundary Pollution

1ASEAN Annual Report 2005-2006,P.21 2 ASEAN Annual Report 2005-2006,P.38


transboundary pollution, natural disasters, forest fires and in addressing the anti-tropical timber campaign."

On 26 April 1994, the ASEAN Ministers for the Environment issued the Bandar Seri Begawan Resolution on Environment and Development which inter alia adopted the ASEAN Strategic Plan of Action on the Environment.

In view of the increasing periodicity and worsening impact of transboundary pollution in the region and recognizing the complexity of the problem, the Ministers agreed to the formulation of an ASEAN Cooperation Plan on Transboundary Pollution.

To control the transboundary movement of hazardous wastes, all ASEAN member countries should accede to the Basel Convention as soon as possible.In subscribing to the provisions of the Basel Convention the following activities shall be undertaken:

(a) identification of focal points in each ASEAN country;

(b) exchange of information on list of hazardous wastes and control procedures on the movement of such wastes as adopted by each country;

(c) training programmes and capacity building on the management of hazardous wastes; and

(d) development of national legislation to control the management of hazardous waste within the country as well as for its movement from abroad.

UNEP can assist ASEAN by not only strengthening its existing ties but also looking to the possibility of establishing new areas for cooperation. These include environmental monitoring and assessment, promotion and support of regional and sub-regional cooperation providing technical, legal and institutional advice, assessment and assistance in cases of environmental emergency information exchange, public education and awareness.1

1 http://www.aseansec.org/8938.htm


The ASEAN Environmental Education Action Plan The ASEAN Environmental Education Action Plan 2000-2005

(AEEAP) was adopted by the Environment Ministers of ASEAN in October 2000. The AEEAP provides a regional framework to undertake coordinated action at the national and regional levels to promote environmental education in order to ensure that the people develop from their own social and cultural values a sense of civic responsibility to care for the environment. The AEEAP aims to empower people through formal and non-formal education to acquire the necessary values, knowledge and skills that will enable them to participate in the development of an ecologically sustainable community.

The Plan outlines strategies and actions at the national and regional levels in four target areas: (1) Formal Education; (2) Non- Formal Education; (3) Manpower Capability Building; and (4) Networking, Collaboration and Communication. At the regional level, an ASEAN Environmental Education Inventory Database (AEEID) has been developed, and at the national level, various activities are being implemented in line with the AEEAP.1

During the past decades, the ASEAN countries have been confronted with problems of air and water pollution and improper disposal of hazardous wastes. Hazardous wastes generated from industrial and

Conclusion Most ASEAN countries are in the process of shifting their economy

from an agriculture to a manufacturing base. With this transition, the quantity and diversity of chemicals present in toxic and hazardous wastes generated from industries and other non-industrial sources (domestic households, hospitals, and agriculture) are on the rise. Malaysia, the Philippines, Thailand, and Vietnam are facing serious problems in the management and disposal of hazardous wastes.

1 UNEP, ASEAN Environmental Education Action Plan 2000-2005: Mid-Term Review

and Partnerships for Implementation Meeting , Pg.34.


agricultural activities, hospitals and private clinics have become a serious problem throughout ASEAN.

Illegal dumping and transboundary movements of hazardous wastes have been increasing and are recognized as pressing environmental issues that require immediate action by the ASEAN countries.

All ASEAN countries have formulated environmental management and pollution control plans and policies and have moved towards the preparation and implementation of Agenda 21.

Industries that generate hazardous wastes are required to be located in appropriate industrial estates. Indonesia, Malaysia, and Thailand have relevant institutions and appropriate legislation in place. Industrial zoning for water pollution control is practiced in all the ASEAN countries using mostly existing town planning laws. In four ASEAN countries, Indonesia, Malaysia, Philippines, and Thailand, Environmental Impact Assessment (EIA) has been introduced to regulate development projects for the benefit of the environment. In these countries, projects or activities with potential impact on the environment are subjected to EIA regulations and EIA reporting before actual implementation.

In some ASEAN countries, although no specific environmental law has been enacted to date, there are a number of laws with provisions for pollution control, with the authority for enforcement distributed to different ministries and departments.

The ASEAN countries have enforcement programs that are typically implemented in a step-wise process, covering the setting up of standards and criteria, licensing, inspecting and monitoring and legal sanction. Some programs allow industries to self-regulate if they are able to comply with official standards and criteria. For example, wastewater can be discharged into public reservoirs if the quality of effluent is within acceptable standards.

As for hazardous waste management, the ASEAN countries aim to comprehensively adopt a “cradle-to-grave” concept. To ensure effective enforcement, the ASEAN countries require any transport of hazardous wastes from the generator’s premises to conform with safety requirements, including packaging, allowable load, route selection, timing and emergency plans. Only licensed operators are allowed to transport hazardous and toxic wastes. Recycle, reuse, recovery and exchange of wastes will be promoted.


All countries will place more emphasis on waste minimization and clean production technologies while expanding waste treatment and disposal facilities to meet greater demand. A long-term goal has been adopted by member countries to minimize, if not completely eliminate, transboundary movement of hazardous wastes. This has been complemented by the ratification of the Basel Convention and enactment of legislation to meet obligations under the Convention. All ASEAN countries should ratify the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal 1989.

The Convention regulates transboundary movements of hazardous wastes and encourages environmentally sound treatment and disposal of such wastes. These obligations include identification of focal points in the ASEAN country, exchange of information on listed hazardous wastes and control procedures on the movement of such wastes, organization of training programs and capacity building activities on the management of hazardous wastes and development of national legislation to control the management of hazardous wastes within and between countries.

Moreover all ASEAN member countries have ratified the POPs Convention. Other common measures adopted by the ASEAN countries include enactment of national environmental quality acts and regulations, establishment of new environmental agencies and units within existing departments and organizations, and implementation of such procedures as granting of permits, monitoring and enforcing EIA requirements. All countries recognize the need for greater public awareness and participation. Most of the ASEAN countries have adopted ASEAN’s environmental quality goals concerning both air and water qualities. Tax incentives have been adopted as instruments for water pollution control in a number of ASEAN countries.

In the overall framework of environmental protection in the ASEAN region, greater awareness for the protection of the environment should be encouraged. Although it may be difficult to achieve in practice, dialogue and good relations must be cultivated between government and business/industry groups who will have to respond to enforcement measures or even to anticipate them.

For the effective management of hazardous waste, the following must be taken into proper account:


- There should be separate laws and regulations for the management of Hazardous Waste;

- Measures should be established for the proper sitting or location of industries generating Hazardous Waste;

- Effective monitoring must be carried out to ensure that established rules and regulations are complied with;

- Legislation should be put in place compelling all industries liable to generate Hazardous Waste to adhere to ISO standardization relating to environmental management;

- Provisions on criminal and civil liability for the improper disposal of hazardous waste must be regarded only as a support measure;

- The authority responsible for prosecution might need to be informed and educated, since offences under Environmental Protection Law are still often regarded as “gentlemen’s offences”;

- Centralization with a specialized and specifically trained prosecution authority is an effective means of improving enforcement and should therefore be considered; and

- Civil liability should provide for damages as a result of illegal hazardous waste management. Responsibility will therefore be based on the polluter pays principle and on the principle of torts, which requires the plaintiff to prove negligence.

After the formulation of the first regional cooperation programme on the environment, known as the ASEAN Sub-Regional Environment Programme (ASEP) in 1997, there have been a number of regional programmes concerning pollution control, covering a wide range of areas of mutual interest.

The global environment is a closed system. The countries of the world are not nearly compartmentalised. The mixing effect of currents in the atmosphere and hydrosphere makes it impossible to enhance man’s quality of life on Earth and to preserve its resources unless countries all over the world jointly pursue environmental protection and conservation. Indeed it seems that the imperative of the day is environmental education for sustainable development through regional and international cooperation.


The ASEAN member countries should focus on the legalistic control of Hazardous Waste and on cooperation in their environmental education programmes, working closely together and with greater commitment, in collaboration with other regional and international agencies/organisations.

Acknowledgements

My special thanks are due to Dr.Mya Aye, Rector, Mandalay University for allowing me to do this research and Professor Dr. Nu Nu Yi , Head of the Department, Law Department , Mandalay University for her kind support in my research. My grateful thanks go to every one, who from the early stages to the final writing up of this research paper have each in their own way, contributed to its completion.

References

AirNinja.com - Population of Singapore 2000-2007

AirNinja.com - Population of Brunei 2000-2007

ASEAN Annual Report 2005-2006

ASEAN, ASEAN Achievements and Future Directions in Pollution Control, May 2002.

Phillipe Sands , Principles of International Environmental Law I, , 1995

State of Waste Management in South East Asia,2006

Surin Setamanit, Prof.Dr, Prayoon Fongsatilul, Dr. jakkris Sivadechathep , ASEAN Achievement and Future Directions in Pollution Control , 2002, Thailand

UNEP, ASEAN Environmental Education Action Plan 2000-2005: Mid-Term Review and Partnerships for Implementation Meeting

WWF,Stockholm POPs Convention , Overview & Status of US Ratification and Implementing Legislation

http://law.nus.edu.sg/apcel/dbase/brunei/reporti.html#sec3-4

http://law.nus.edu.sg/apcel/dbase/cambodia/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/indonesia/reporti.html#sec1-6

http://law.nus.edu.sg/apcel/dbase/laos/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/malaysia/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/myanmar/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/philippines/reporti.html#sec1-5.3

http://law.nus.edu.sg/apcel/dbase/singapore/reporti.html#sec1-5.3

http://law.nus.edu.sg/apcel/dbase/thailand/reporti.html#sec1-4

http://law.nus.edu.sg/apcel/dbase/brunei/reporti.html#sec3-4�


http://law.nus.edu.sg/apcel/dbase/vietnam/reporti.html#sec1

http://www.basel,int/pub/basic.html#intro

http://www.basel.int/ratif/ratif.htlm

http://www.aseansec.org/8938.htm

Conventions The Basel Convention on the control of Transboundary Movement

of Hazardous Waste and their Disposal 1989 (The Basel Convention) Stockholm Convention on Persistent Organic Pollutants 2001(The POPs Convention)

hazardous waste management among asean countries · humans, plants or animals, are flammable,...

Documents