17. National Action for the Reduction of Risks
from POPs Pesticides in Burkina Faso

by Mr. Desire Ouedraogo

 

INTRODUCTION

Environmental pollution has in a few decades become one of the major problems shaping the future of modern technological civilization: because of the nature and extent of its impact, chemical pollution of all land and sea environments threatens not only human health but also the sustainability of the whole biosphere (F. Ramade, 1992).

Pesticides occupy top ranking among chemical pollutants, since the use of pesticides has expanded considerably not only in developed countries, but also in developing countries and particularly in Burkina Faso. This use is quite helpful because it has enabled productivity to be increased in agriculture and livestock-raising and it has had some effects on malaria. But these insecticides cause serious pollution problems because of their persistence and toxic residues.

The large-scale use of pesticides has had irreversible consequences both on the environment and on human surroundings. These consequences can be expressed in terms of health (human and animal) through the food chain, the gradual impoverishment of soil, the destruction of certain micro-organisms, the contamination of groundwater and water courses and the loss of plant life. In brief, a whole series of evils whose effects are pernicious and which do not recognize frontiers.

To address these serious problems, the Burkina Faso Government, conscious of what is at stake in this serious damage to the environment, has developed initiatives, to play its part, alongside the rest of the international community, in the preservation of this environment.

It is with this thrust that various actions at a legal and institutional level have been planned to prevent and reduce, even if only partially, the risks involved in the use of pesticides (POPs).

I. LEGAL INSTRUMENTS AND NON-STATUTORY MECHANISMS FOR THE MANAGEMENT OF CHEMICALS

The object in this section is to provide an overview of existing legal instruments and non-statutory mechanisms for the management of pesticides. It also deals with the effective application of the strengths and weaknesses of these laws. A certain number of ministerial departments and many other institutions and organizations are involved under the present heading.

 

Legal Instruments (Type, reference, year)

Ministries or responsible bodies Categories of chemical products covered Objectives of registration Important articles of provisions Resources allocated Assessment of coercive measures
Law No.41-96, 8 Nov. 1996 Ministry of Agriculture Pesticides Pesticide monitoring Whole text   Application of sanctions set out in penal code
Law No.005/97 of 30 Jan. 1997 Ministry of Environment and Water All chemical products, pesticides and petroleum products Environment Code Articles 5, 8 and 10, 11 No. II; chap. 1.2 and sections I and II of chap.3 Institution of action fund for the environment Sufficient coercive measures
Law No.006/97 of 31 Jan. 1997 Ministry of Environment and Water   Forestry Code Articles 231, 232, chap. 2 of section IV Participates in the above fund Sufficient measures
Kiti No. An IV-181, of 5 Dec. 1996 Ministry of Agriculture Special agro-pharmaceuticals A study commission and legislation committee Whole text    
Zatu AN IV-014 of 5 Dec. 1996     Monitoring organization   Service expenses covered by applicants The sanctions are not heavy enough
Raabo No. B 004 AN IV of 6 May 1989 Ministry of Water All chemical and petroleum products and pesticides Specification of water regime Article 6 Expenses borne by users  
Decision No. 348 PRES of 16 Aug. 1961 Ministry of Commerce Insecticides Modalities for monitoring aerosol insecticides by sampling Whole text Charges borne by importers and local manufacturers Refer to penal code

 

 

 

 

Legal Instruments (Type, reference, year)

Ministries or responsible bodies Categories of chemical products covered Objectives of legislation Important articles of provisions Resources allocated Assessment of coercive measures
Decree No. 349 PRES of 16 August 1961 Ministry of Economics Pesticides Pest control and regulation of conditions for importation and exportation of pesticides Whole text   Heavy coercive measures
Common pest control CILSS Member States Pesticides Pest control regulation Whole text   Implementation text not yet in force (art.14)
Common regulations on registration of pesticides CILSS Member States Pesticides Common regulations on registration of pesticides Whole text    
Decree No. 349 PRES of 16 August 1961 Ministry of Economics Pesticides Mandatory control of animal and plant parasites Whole text    
Law No.014-96/ADP of 26 May 1996 Ministry of Environment All chemical products, pesticides and petroleum products Agrarian and land reform (RAF) Article 33,

sub-item 2

Article 117

  Heavy coercive measures
Decree No. 97-054/PRESS of 6 February 1997 Ministry of Finance All chemical products, pesticides and petroleum products Application of law on RAF Articles 250, 255, 274 and 275    
Decree No. Ministry of Agriculture Pesticides Agreement for the sale, free distribution, contribution in services and use of pesticides Whole text    
Legal Instruments (Type, reference, year) Ministries or responsible bodies Categories of chemical products covered Objectives of legislation Important articles of provisions Resources allocated Assessment of coercive measures
Decree No Ministry of Agriculture Pesticides Establishment, powers, composition and operation of a national commission on pesticides Whole text ? ?
Ordinance No.81-0026/PRES of 26 August 1981 Ministry of Commerce All chemical products, pesticides Regulation of the profession of trader      
Law No.11-92/ADP of 22 December 1992 Ministry of Labour All chemical products, pesticides To ensure the safety of workers and reduce nuisances in the work place Article 138 to 142 Nil Coercive measures not sufficient and not implemented
Order No. 5223 IGTLS/Aof of 19 July 1954 Ministry of Labour All chemical products, pesticides Obligation of employers regarding hygiene and safety Whole text   Coercive measures not sufficient and not implemented
Order No. 5223 IGTLS/Aof of 19 July 1954 Ministry of Labour All chemical products, pesticides General hygiene and safety measures applicable to works in all kinds of establishment Whole text

 

  Coercive measures not sufficient and not implemented
Decree B 96-017/PRES of 30 January 1996 Ministry of Labour All chemical products, pesticides Composition and operation of the national advisory committee on hygiene and safety Article 2   Coercive measures not sufficient and not implemented

 

BANNED OR SEVERELY RESTRICTED CHEMICAL PRODUCTS

 

Name of chemical products Type of restriction (ban or severe restriction) Details of restriction
1. Substances or groups of substances used to repel, curb or control harmful organisms including vectors of human or livestock diseases and undesirable species of plants or animals causing damage or otherwise harmful during the production, processing, storage, transport or distribution of foodstuffs, wood products or livestock feeds. Banned Refer to a name of chemical product
2. Biopesticides Banned Refer to a name of chemical product
3. Pesticides Severely restricted Licence required for the sale, free distribution, provision of services and use of pesticides
4. Insecticides and aerosols for domestic use Severely restricted Prior national certificate of conformity required

 

Name of chemical products Type of restriction (ban or severe restriction) Details of restriction

5. Pesticides

- Aldrin

- DDT

- Dieldrin

- Dinosebexsels

- Fluoroacetamine

- HCH

- Chlordane

- Cyhrxatin

- 1.2 dibromoethane

- Heptachlor

- Chlordimeform

- Mercury and compounds

 

 

Banned (provisional)

Banned (provisional)

Banned (provisional)

No response

Banned

Banned

Banned

Banned

Banned

Banned

Banned

Banned

 

6. Pesticides pending ban

- Captafol

- Chlorodenzilate

- Hexachlorobenzene

- Lindane

- Pentachlorophenol 2-4

 

Pending

Pending

Pending

Pending

Pending

 

Existing legislation by category of use following the various

stages of chemical products

(from production/importation to disposal)

 

Category of chemical product

Importation

Production

Storage

Transport

Distribution Marketing

Use and maintenance

PESTICIDES

(Agricultural/public health and user)

 

Yes

 

 

Yes

   

 

Yes

 

Yes

Non-regulatory mechanisms for the management of chemical products:

1. Between 1970 and 1980, a list of banned products was published at the start of each agricultural season by the Ministry of Agriculture. This list dealt with all chemical products and was intended to avoid their importation, utilization, thus facilitating control. Its application and concerned all the institutions involved in the management of chemical products at a national level;

2. Radio bulletins also concerning some chemical products in different areas, targeting the same objectives as the previous ones at a national level;

3. Notices to importers;

4. Calls for tenders (specifications in the case of large imports): see preceding mechanisms;

5. The prior informed consent procedure (PIC) affects all chemical products and enables information to be exchanged between Western countries and the Central Africa; its implementation has not taken place;

6. Decontamination of 25 to 200 litre empty pesticides drums, in order to control pollution, and reduce the risks posed by pesticides at a national level;

7. Prior notification of importation, as often as required;

8. Incineration of wastes in the open air or disposal in the ground (cans and containers);

9. Recycling of chemical product containers for re-use, tests of effectiveness and phytoxicity by INERA, recapture and re-titration of SAPHYTO products (insecticides).

 

 

II. BRIEF DESCRIPTION OF APPROACHES AND KEY PROCEDURES FOR THE REGULATION OF CHEMICAL PRODUCTS

- Establishment of national commissions or committees responsible for the management of chemical products

- Advice and information to producers, importers, exporters and users on the latest measures

- Sectoral or multisectoral seminars and workshops

- Awareness-raising, training of users, particularly in regard to pesticides, fertilizers and industrial products

- Publication of warnings as required for certain particularly important products

- Initiatives and actions are generally sectoral, whether governmental or private

- Issuing of import licences and of the approval of a national certificate of conformity

- Destruction of non-conforming products

- Penal and financial sanctions

- Adoption of the PIC procedure.

 

III. COMMENTS/REVIEW

In general there are many laws in respect of the management of chemical products, although they do not sufficiently cover the various practical aspects of management (monitoring, disposal, information, etc.)

Gaps exist in the legislative system in respect of the whole range of chemical products, and in regard to many aspects, two of which were quoted above. The effectiveness of the implementation of the various measures is unsatisfactory for several reasons, including:

- The exact and complete identification of the various actors needs to be remade

- The absence of consultation and effective coordination at a national level

- The insufficiency or lack of exchange of information

- Spontaneous or independent actions or activities lacking follow-up

- The absence of a national policy in regard to the management of chemical products

- The lack of control over the importation of chemical products.

 

Of the non-regulatory mechanisms used to reduce the risks associated with chemical products, although some may be positive (decontamination of containers), others are rather ineffective (radio bulletins, warning to importers, incineration in the open air ...). In any case, the shortcomings or the absence of non-regulatory mechanisms are mainly due to ignorance or the lack of understanding of the implications or adverse effects of chemical products on health, the environment, nature etc. ..., and for certain enterprises due to lack of resources for their implementation.

In other words, the management of chemical products at a national level is not a current priority, especially as far as businesses are concerned, in comparison with other greater problems.

The written regulations issued by different Ministries do not agree on the powers and exact role of each partner, which makes collaboration at the time of implementation rather difficult.

HOPEFUL SIGNS

The implementation of law No.41/96/ADP of 8 November 1996, on pesticide control, should help to initiate solutions to address certain problems mentioned. It also should be pointed out that the Ministry of Agriculture, in collaboration with the Ministry of Commerce, is working to set up a national commission. Another landmark in respect of institutions is the establishment of the Ministry of Environment and Water. It is responsible for ensuring the quality of the environment, the protection of natural resources, the reduction or elimination of pollution, inconveniences and risks that may be caused to the environment by machinery and large developments, agricultural, commercial or industrial activities and the activities of individuals. It is furthermore responsible for promoting activities to involve people and to give them training and information on the environment, in liaison with concerned public interest groups. It intervenes in the management of chemical products, particularly through the Office for the Prevention of Pollution and, for Sanitation (DPPA), through the implementation of the Environment Code (Law No.002/94/ADP of 19 January 1994). This office has the task of:

- Specifying the correct measures to reduce pollution and weighing up the risks and setting the conditions for implementation

- Promoting actions aimed at taking environmental problems into consideration in the industrial and commercial strategy of business, and for the development of cleaner technologies.

 

IV. CONCLUSION

In view of the foregoing it may be said that, in Burkina Faso, efforts are being made to deal with the risks posed by chemical products in general and POPs in particular. These efforts may well be somewhat insufficient because of the lack of coordination of activities, the lack of specific scientific knowledge, the lack of human and financial resources, etc. ...

The struggle to achieve an environment free from POPs can be won, provided that there is political will, an exchange of information and scientific knowledge and provided that developing countries are given adequate financial resources, for their economies are mainly dependent on agriculture which they need to protect by the use of insecticides.

THE IDENTIFICATION OF POTENTIAL SOURCES OF DIOXINS

AND FURANS IN COUNTRIES

Country: BURKINA FASO  
Section 1. Have studies been undertaken in your country to identify the main sources of dioxins/furans?  

Yes ?

 

No ?

 

The following table gives a list of potential sources of dioxins and furans, please identify the activities that may contribute to emissions of dioxins and furans in your country.

 

Sources Estimate of the size of plant or relevant quantities Description
Asphalt mixing plant    
By-products in the manufacture of chlorinated substances    
Incineration of cables Small quantities When these are contained in wastes that are burnt
Chemical industry Small quantities (newly started sector) Production of pesticides (368t)

Dry cell battery factory, etc.

Burning of charcoal Fairly large quantities Large quantities of wood are burnt to yield charcoal to satisfy household energy needs
Polluted pesticides Small quantities Quantities of outdated pesticides were often dumped over the years without proper disposal
Forest fires/grass fires Large areas These can be either accidental or deliberate (work of hunters or farmers)
Combustion of petroleum products Large quantities because of the fuel used in transport (high temperature internal combustion) Use of vehicles and motor cycles

 

High temperature processes    
Waste incineration Burkina Faso produces large quantities of wastes (about 706 tonnes per day for 9 cities) Wastes are burnt in the open air: those that can be transported to landfill (uncontrolled)
Industrial processes Low quantities The presence of agro-food industries

- chemical industries (wet and dry batteries, insecticide manufacturing)

Metallurgical plants    
Incineration of discharge gas    
Combustion of hydrocarbons in non- ferrous metals industry    
Other polluted chemical products (for example, PCBs) Fairly large quantities The plastic sector is developing and its wastes are to be found in landfills. The same applies to old transformers
Pesticides About 1,348 tons used in 1996 Used for agriculture, public health and consumers
Urban development Fairly average Increased urban development/ large buildings
Incineration of sludge Fairly small quantities Quite often sludges are mixed with wastes and are burnt
Steel industry    
Emissions on road network Large quantities of smoke discharge on the road system Large and increasing numbers of second-hand vehicles (old/large numbers of motorcycles consuming a mixture of petrol and oil)
Transport Many second-hand vehicles (old ones) and motorcycles Description (type of fuel used, condition of vehicle, fleet, etc.). The following fuels are used:

- Regular petrol

- Super (high lead content)

- 2-stroke mixture used by motorcycles; there has been a large increase in these because of the lack of public transport

 

Incineration of wastes (hazardous) Fairly large quantities (hospital, laboratory chemical unit wastes) Incineration in the open air
Incineration of wastes (municipal refuse) 706 tons per day (1991) for the 9 main towns Lack of appropriate incinerator (open air)
Incineration of wastes Ditto Incineration in the open air in non-controlled tips for the quantities that can be transported
Wood combustion Very large quantities of wood used Source of energy for virtually all households
Others    

 

Please give complete information on the type of waste and its treatment in your country,

 

Type of wastes Quantity Composition (organic matter, plastics, etc.) Treatment (burning, incineration, etc.)
Municipal rubbish 706 tons per day (1991) for the main 9 towns A great deal of biodegradable material (organic matter)

- Large quantities of plastics

Incineration
Medical refuse Unknown Dressings, syringes, blood, outdated drugs, plastics, etc. Incineration
Industrial wastes Unknown

- Inert wastes

- Normal wastes (glass, dirt, paper, wood, cloth, etc.)

- special wastes (hospitals, laboratories, outdated stocks of chemical products)