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Benin Hazardous Waste
CASE NUMBER: 192
CASE MNEMONIC: BENIN
CASE NAME: Benin Hazardous Waste
A. IDENTIFICATION
1. THE ISSUE
In the late 1980s, it was brought to the world's attention that
many African countries were being used as dumping ground for toxic
and hazardous wastes coming from industrialized nations. The
organization for Economic Cooperation and Development defines
hazardous wastes as " wastes which, if improperly managed, could
harm man and/or the environment because they are toxic, corrosive,
explosive and combustible." By that definition, waste can be
anything from contaminated oils, acids and solvents produced by
chemical and pharmaceutical companies to the by-products of the
fertilizer industry. The Republic of Benin has been the site of
successful and attempted dumping of toxic wastes coming from
industrialized countries. The dumping of hazardous wastes in Benin
poses a serious threat to the population and the environment of the
country, which are often unaware of the dangers and unable to deal
with the consequences. But the Government, strapped by the
dramatic economic conditions of the country, could not turn down
the multi-million business.
2. DESCRIPTION
Benin is a West African country located in the gulf of Benin. Its
total area is 112,600 sq km and its population is about 5 million.
In 1972, a group of young military officers took power by coup and
declared marxism-leninism the country's new political ideology.
This former French colony was then ruled for more than 18 years by
an authoritarian military junta led by General Mathieu Kerekou. The
Soviet Union was the major political ally the Kerekou regime, but
France, the former colonial power, remained the country's first
economical partner. In the late 1980s, the country experienced a
severe balance of payments deficit, was unable to pay government
workers salaries, and defaulted in the payment of its external
debt. It was in that situation of crisis that the first reports of
toxic wastes deals emerged in the international press.
Between 1984 and 1986, "several tons" of radioactive waste were
dumped by the Soviet Union in Benin according to a senior Benin
government official living in forced exile in Paris.
Africa Newsfile, a London-based biweekly bulletin, alleged in its
July 18, 1988 issue that President Kerekou was aware of the
secretive dumping deal. The former head of the Benin Air force was
reportedly dismissed after attempting to stop the Soviets from
depositing the waste under the tarmac of a military airfield they
were building at Canna, 10 miles south of Abomey (third city of
Benin and historic site). At least two Benin workers were said to
have died mysteriously at Canna in 1984, resulting in a temporary
halt of the airport project. More Soviet radioactive waste was
also dumped in an unused stone extraction site at Dan, 15 miles
north of Abomey. The area was then marked "military zone" and
access was restricted.
In 1988, the government of Benin negotiated a bilateral deal with
the French government to import radioactive and industrial waste in
return for $1.6 million downpayment and 30 years of economic
assistance. Later, the French were forced to cancel the deal
because of a massive media opposition in France. Seraphin Noukpo,
the commandant of the Ganvie (Benin's only merchant-marine vessel)
acknowledged that he transported a shipment of nuclear waste from
Le Havre in France. The shipment is reportedly buried in Saklo
also in the Abomey region. London-based Africa Analysis published
a story on April 1, 1988 saying Abomey was deliberately chosen
because it is the center of opposition to the marxist regime in
power.
Still in 1988, the Beninese government signed yet another contract
with the Anglo-American company, Sesco-Gibraltar, that called for
the country to stockpile as much as 50 million tons of toxic wastes
over a ten years period. A British television (BBC) documentary
reproduced an aerial photograph, taken by the Franco-Swedish
satellite Spot-1, that revealed the existence of a one-kilometer
square hole in the ground constructed to store the waste near the
southern village of Agon.
The government of Benin, desperate for hard currency, had decided
to ignore the long term consequences of storing untreated hazardous
waste to rip the profits from the lucrative business of wastes
import. For the waste traders, the profits are even greater. The
cost of dumping in Benin or elsewhere in Africa can be as little as
one thousandth of that in the more ecologically conscious West,
where the growth of the green movement has meant that waste can no
longer be disposed of locally without being properly treated at
great cost. Hazardous waste processing can cost as much as $ 3000
a ton in industrialized countries and as little as $ 5 a ton to be
buried untreated in developing countries." It was so cheap, we
even sold them the ship as scrap," said Pompeyo Realuyo, a New York
attorney who arranged a secret waste export deal in the early
1980s. For the Benin government or any other to agree to accept
waste, there is the promise of some respite from deprivation,
dependence and debt.
"Much of the trade in waste destined for cheap dumping sites in the
Third world, mostly in africa, is conducted clandestinely. Toxic
commodity brokers operate in the shadows from box numbers in
Gibraltar, the Isle of Man and Liechtenstein." They buy and sell
the waste like any other commodity. However, as the original
producer has no binding responsibility for its final destination,
it is traded as a liability rather than an asset. The
destinations of the ships are often obscured and the cargo
misrepresented as building materials or fertilizer. Mr Michael
Yokowittz of the OECD describes the trade as "let's get rich
quick." He said: " It's easy, anyone could do it. You register a
private company and buy the waste with no questions asked. Then you
find the dump site, rent a ship, hire a crew and you can retire
early."
3. RELATED CASES
SOMALIA Case
TURKEY Case
JELLYWAX Case
FLORIDO Case
BENGALI Case
Keyword Clusters
(1): SIC = WASTE
(2): Bio-geography = TROP
(3): Environmental Problem = POLL
4. Draft Author: Senamede Beheton
B. LEGAL Clusters
5. Discourse and Status: DISagreement and INPROGress
In the U.S., the Solid Waste Disposal Act lays out guidelines and
procedures for the disposal of hazardous waste. Under an amendment
to the act, a U.S.-based company can engage in negotiations with a
foreign company or government on waste disposal, but must notify
the EPA before actually shipping cargoes outside this country. The
foreign government involved then notifies the EPA of its decision
to accept or reject the shipment.
A total of 105 countries including Benin, concluded a treaty
controlling toxic waste exports in Basel, Switzerland on March 22,
1989. The agreement, represents a compromise between major
industrial nations that sought to maintain flexibility for safe
waste exports and developing countries that demand an outright ban
on cross-border transfers putting their populations at risk. The
key point of the accord is a requirement for the government of any
exporting country to obtain a prior written permit from the
government where the potentially dangerous residue is to be
shipped. Under the same agreement, the exporting country have the
responsibility to recover dangerous waste rejected elsewhere.
However, environmental groups argue that to regulate the trade is
to legitimize it and make it more respectable.
The Organization of African Unity (OAU) also responded to the
dumping by voting a resolution that makes it virtually illegal for
any member country to accept waste. Since May 6, 1994, the
countries not members of the OECD (Organization for Economic
Cooperation and Development) have the choice of inspecting waste
originating from the E.U and destined for recycling (known as
"green list" under EU regulation). The new democratic government of
Benin was among those who indicated to the Commission that it did
not want to receive transfers of some or any "green list" wastes.
6. Forum and Scope: BASEL AND MULTIlateral
Many deliberative bodies are legal venues for the present case and
many others. The EPA, OAU, OECD are some of those venues.
7. Decision Breadth
Technically, these decisions should put illegal waste dealers out
of business. Developing Countries lose the opportunity to make
quick money but safeguard their environment. Industrialized
countries are now obliged to follow proper procedures for waste
disposal.
8. Legal Standing: LAW
C. GEOGRAPHIC Cluster
9. Geographic Locations
a. Geographic Domain: AFRICA
b. Geographic Site: West Africa [WAFR]
c. Geographic Impact: BENIN
10. Sub-National Factors: NO
11. Type of Habitat: TROPical
D. TRADE Cluster
12. Type of Measure: Import Ban [IMBAN]
13. Direct vs. Indirect Impacts: DIRect
14. The Relation of Measure to Impact
a. Directly Related: YES RADIOactive
b. Indirectly Related: YES AGRICulture
c. Not related: NO
c. Process Related: YES RADIOactive
15. Trade Product Identification: WASTE
16. ECONOMIC Data
The waste industry is a multi-billion industry. In Europe, waste
disposal can cost as much as $ 3000 a ton; in Africa as little as
$2.5. There is not enough economic data available simply because of
the secretive nature of waste deals.
17. Impact of Trade Restriction: BAN
18. Industrial Sector: WASTE Disposal
19. Exporters and Importers: FRANCE and BENIN
E. ENVIRONMENT Clusters
20. Environmental Problem Type: POLL
21. Name, Type, and Diversity of Species: N/A
22. Impact and Effect: HIGH and REGULatory
Hazardous waste is highly dangerous for both man and nature. Its
effect can last for very long periods of time. Trade regulation
helps to preserve the welfare of people and the environment. There
are numerous cases of untreated waste sipping into the water table
and contaminating people.
23. Urgency and Lifetime: Low and 1,000s of years
24. Substitutes: Biodegradable [BIODG]
F. OTHER Factors
25. Culture: NO
26. Trans-boundary: YES
The fact that Benin accepted waste on its soil strained relations
with big giant neighbor NIGERIA.
27. Human Rights: YES
Dumping in center of opposition to the regime. Several top
officials dismissed or forced into exile for speaking out.
28. Relevant Literature
Africa News, "Environment: The west's wastebasket", June 13, 1988.
Brooke James, "African countries barring Foreign Toxic Waste", The
New York Times, September 25, 1988.
Cody Edward, " 105 Nations Back Treaty on Toxic-waste Shipping;
Pact Seeks to Shield Third World States", The Washington Post,
March 23, 1989.
Financial Times, "Toxic waste; Trade-offs in Poison and Poverty",
August 31, 1988.
Michaud Paul, " Benin: pass the ammunition." The New Republic,
March 13, 1989.
Porterfield Andrew, " Developing states become developing dump for
toxics", WorldPaper, December, 1988.
Rwegayura Anaclet, " Africa: New Dumping Ground for Toxic Wastes",
Inter Press Service, July 20, 1988.
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