Ghana y Nigeria: Cómo las lagunas legales y factores locales perpetúan la problemática del e-waste

Ghana and Nigeria: Legal loopholes and local factors perpetuate the e-waste problem

ARTICLE

10 | 01 | 2025

Texto

Lack of global action could turn West Africa into a permanent dumping ground for the Global North

In the picture

Computers, printers and other electronic material in scrap [dokumol].

Waste from discarded electrical and electronic equipment is a problem that developed countries solve to some extent by sending it for "recycling" to countries at development. By externalizing the consequences of planned obsolescence, it is poor countries that must bear the environmental and health costs of unregulated e-waste. Ghana and Nigeria are two prominent destinations of such toxic colonialism.

The illicit trafficking of e-waste to West Africa is driven by regulatory weaknesses in West African countries, with examples of the lack of control at the Agbobloshie landfill in Accra (Ghana) and Lagos (Nigeria). While loopholes in international regulations such as the Basel agreement allow the flow of e-waste into these nations, weak infrastructure and economic dependence on informal recycling foster a cycle of destructive, public health problems and global inequality. Not only is it necessary to improve international regulations, but also to develop recycling infrastructure. Otherwise, West Africa will be a constant victim of this crisis that damages its development, environment and child population.

Waste electrical and electronic equipment (e-waste) includes "all those sub-assemblies and consumable components that are part of the product at the time it is discarded", as stated by the rules and regulations Spanish legislation, following EU directives. Ghana and Nigeria are the main recipients of tons of unregulated e-waste, perpetuating a cycle of economic and environmental inequality between developed countries and vulnerable nations. Toxic colonialism is a internship that has made these two countries in particular, but not exclusively, a significant destination for unregulated e-waste.

Developed countries impose strict regulations on waste recycling and are better able to implement and enforce these regulations. For example, Spain has dedicated agencies, such as the administrative office de Estado de Medioambiente, as well as systems of management, such as ECOTIC, while African countries lack the necessary resources and institutional capacity.

International regulations and their limitations

The 1989 Basel agreement , which regulates transboundary movements of hazardous waste with regulatory frameworks to reduce dumping, has proven to be insufficient at internship. Many devices are falsely labeled as reusable and arrive at ports in Ghana and Nigeria. Ambiguous definitions of "reusable" and "waste" allow companies to falsely label obsolete devices. Thus, at the port of topic (Ghana), officials charged with preventing the entry of electronic waste find that it is camouflaged as second-hand goods. Without effective customs controls, these devices enter the country easily. At sites such as Agbogbloshie in Accra and Oshodi in Lagos, waste is dismantled, creating pollution hotspots. Monitoring and sanction mechanisms are limited. Companies from the European Union and the United States take advantage oflegal loopholesto export waste under legal pretexts, and local networks in Africa allow the entrance of these materials in exchange for bribes and informal agreements.

Factors that make Ghana and Nigeria e-waste destinations

Ghana and Nigeria are located on key trade routes and face internal challenges that make them destinations for e-waste trafficking. The ports of topic and Lagos are of great importance for international trade, but lack effective customs controls, so widespread corruption facilitates the entrance of falsely labeled devices.

Lack of global action could turn West Africa into a permanent dumping ground for the Global North. Developed countries benefit by outsourcing the problems of planned obsolescence, leaving underdeveloped countries to bear the cost.

The status is made worse when considering the economic dependence of Ghana and Nigeria on informal recycling. The Economics informal e-waste recycling in West Africa is a short-term solution for many communities. It provides an income source for those living in extreme poverty and supplements the formal part of waste recycling, which, if it were not for this, would not be managed in the region favoring the circularity of products.

In Nigeria, up to 100,000 people work in the informal sector, processing about half a million tons of household appliances each year. On the other hand, Ghana gets about $100 million a year in taxes from e-waste importers, which is a strong incentive to allow these activities. For every 1,000 tons of e-waste, 15 jobs are generated in recycling and 200 in repair. Governments in developing countries development are constrained by a lack of viable alternatives.

At sites such as Agbogbloshie and Oshodi, workers, including children, dismantle devices without adequate protection, exposing themselves to toxins such as lead, mercury and other heavy metals. Workers are exploited, the environment is degraded and the region remains vulnerable to massive pollution.

Toxic colonialism poses a complex dilemma: a tension between immediate economic needs and the need to build a more sustainable system in the long term. A comprehensive approach is needed to address the various impacts effectively.

Griffins Ochieng, director of the Center for Environmental Justice and development, warned that when waste is in a country, it has a responsibility to assess how it manages it, without exporting the problem to others. More than half of the 50 million tons of e-waste generated each year ends up in landfills or is illegally exported to Africa and Asia; of that, Europe is manager of about 1.1 million tons, according to agreement with Interpol and the EU Action Plan. There is a need to strengthen and ratify the legal frameworks of conventions such as the Basel and Bamako Conventions that enforce laws prohibiting waste trafficking.

Legal gaps and proposals for international regulation

There are loopholes that allow the export of irreparable appliances with the intention that they will be "repaired" at destination, a internship known as "repairable loophole" that circumvents the restrictions of the Basel agreement , since it is mentioned that there is an intention to repair the waste in the country of destination. Similarly, there is no clear and exact definition of what constitutes e-waste, and this allows any equipment to avoid controls if it is claimed to be repairable. Batteries, cables and certain plastics are not clearly defined as hazardous waste, allowing them to move freely despite being potentially polluting. The Basel agreement depends to a large extent on the self-regulation of exporting countries, which leads to certain problems.

There are currently limited audits, as there is no mandatory mechanism requiring exporters to demonstrate that the devices shipped are reusable. Companies in developed countries commit abuses, prioritizing cost reduction. Similarly, penalties for companies that violate regulations are insufficient, encouraging non-compliance.

In 2020, Switzerland and Ghana proposed to make prior informed consent of the recipient country mandatory for all e-waste, including those classified as non-hazardous. This proposal was discussed and approved at the 15th lecture of the Parties (BC COP-15) of the Basel agreement ; the new amendments to Annexes II, VIII and IX entered into force on January 1, 2025. This is an initiative that allows countries to make informed decisions at the pre-export stage.

The technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, in particular in relation to the distinction between waste and non-waste under the agreement Basel Technical Guidelines for the Transboundary Movement of Electrical and Electronic Waste, facilitate the distinction between waste and materials that could have a new use. Reintroducing these guidelines is an alternative that would help exporting and receiving countries distinguish between electrical and electronic equipment (EEE) with no further useful life and EEE with the potential to be reused.  

These guidelines also promote transparent controls in the export chain to ensure that the devices transported are truly reusable, which can only be achieved with the efforts of the international community. Inconsistencies in international legislation allow loopholes to be exploited, so aligning regulations will help minimize this risk.

Local Responses: Policies and Challenges in Ghana and Nigeria

The Hazardous and Electronic Waste Act 917, enacted in Ghana in 2016, establishes plans to set up a national e-waste recycling plant at partnership with private recyclers. It also obliges exporters to register with the Environmental Protection Agency and pay an eco-tax. While Law 917 constitutes an important legal framework , its implementation remains a challenge. The Ghanaian government lacks sufficient resources to fully and effectively implement the legal provisions.

Ghana and Nigeria are caught in a cycle of exploitation that combines international failures and internal challenges. A comprehensive approach is required to resolve this crisis. Reforms to the Basel agreement are needed to strengthen definitions and oversight mechanisms. Technology transfer requires international cooperation through attendance programs by organizations such as the UN or the World Bank. Investment in infrastructure is needed to build recycling centers in recipient countries and promote an inter-sectoral partnership between governments, businesses and non-governmental organizations in order to effectively implement solutions.