Minamata Convention on Mercury

Updated on Dec 26, 2024

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Type United Nations treaty Signatories 128		Location Kumamoto, Japan Parties 33
Signed 10 October 2013 (2013-10-10) Condition Ninety days after the ratification by at least 50 states

The Minamata Convention on Mercury is an international treaty designed to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. This Convention was a result of three years of meeting and negotiating, after which the text of the Convention was signed by delegates from 140 countries on 19 January 2013. The Convention is named after the Japanese city Minamata. This naming is of symbolic importance as the city went through devastating incident of mercury poisoning. It is expected that over the next few decades, this international agreement will enhance the reduction of mercury pollution from the targeted activities responsible for the major release of mercury to the immediate environment.

History

Mercury and mercury compounds have long been known to be toxic to humans and other organisms. Large-scale public health crises due to mercury poisoning, such as Minamata disease and Niigata Minamata disease, drew attention to the issue. In 1972, delegates to the Stockholm Conference on the Human Environment witnessed Japanese junior high school student Shinobu Sakamoto, disabled as the result of methylmercury poisoning in utero. The United Nations Environment Programme (UNEP) was established shortly thereafter. UNEP was mandated in 2001 to prepare a studay on the impacts of mercurs. In 2003, the Global Mercury Assessment was presented to the 22nd UNEP Governing Council, who accepted the assessment's finding that the global adverse impacts from mercury and its compound warrant further international action. In response, Switzerland and Norway proposed to start negotiations of a legally binding instrument on Mercury. The reason the idea was not initially put into an action was that the USA called for voluntary actions to decrease the emission, undermining the need for the treaty. However, on 20 February 2009, the 25th Governing Council of UNEP adopted a decision "to initiate international action to manage mercury in an efficient, effective and coherent manner."

Finally, at the UNEP Governing council meeting, USA agreed to work together with other nations to create a binding agreement on mercury emission. The negotiation process was promptly established by the governing council, in which countries aspiring to sign the treaty, created the text of the convention. Outside members also gave some input in terms of lobbying and giving professional advice. An Intergovernmental Negotiating Committee (INC) was established, chaired by Fernando Lugris of Uruguay and supported by the Chemicals Branch of UNEP's Division of Technology, Industry and Economics. The INC held five sessions to discuss and negotiate a global agreement on mercury:

INC 1, 7 to 11 June 2010, in Stockholm, Sweden

INC 2, 24 to 28 January 2011, in Chiba, Japan

INC 3, 31 October to 4 November 2011, in Nairobi, Kenya

INC 4, 27 June to 2 July 2012, in Punta del Este, Uruguay

INC 5, 13 to 18 January 2013, in Geneva, Switzerland

Forty participating countries were tested for mercury by the representatives from IPEN and different nonpartisan organizations from Sweden. Each country was positive on mercury, and, "more than a third exceeded the U.S. National Research Council reference dose of 1 ppm." This created a bigger wish among the countries to decrease the impact of mercury. On 19 January 2013, after negotiating late into the night, the negotiations concluded with 147 governments agreeing to the draft convention text.

The Convention was adopted and opened for signature on 10 October 2013, at a Conference of Plenipotentiaries (Diplomatic Conference) in Kumamoto, Japan, preceded by a Preparatory Meeting from 7–8 October 2013. The European Union and 86 countries signed the Convention on the first day it was open. A further 5 countries signed the Convention on the final day of the Diplomatic Conference, 11 October 2013.

The Convention will enter into force 90 days after it has been ratified by 50 nations. During the interim period, further meetings of the INC will be held to address such details as the organization of a permanent secretariat. Fernando Lugris, the Uruguayan chair delegate, proclaimed, "Today in the early hours of 19 January 2013 we have closed a chapter on a journey that has taken four years of often intense but ultimately successful negotiations and opened a new chapter towards a sustainable future. This has been done in the name of vulnerable populations everywhere and represents an opportunity for a healthier and more sustainable century for all peoples."

Results of the Convention

The convention has prohibited a myriad of products containing mercury, and their production and trade will be altogether prohibited by 2020. These products include batteries, compact fluorescent lamps, switches and relays, soaps and cosmetics, thermometers, and blood pressure devices. Furthermore, delegates went as far as prohibiting vaccines containing mercury, as well as dental fillings which use mercury amalgam. The biggest mercury release comes from coal-fired power stations and usage of mercury to separate gold from ore-bearing rock. Mercury from the factories is released into a river system. The Convention requires countries to come up with plans to reduce the amount of mercury used by gold miners. The treaty will also organize and financially support mercury awareness campaigns by which it will give support for mercury-free alternatives.

Text and provisions

The preamble of the Convention states that the Parties to the Convention have recognized that mercury is, “a chemical of global concern owing to its long-range atmospheric transport, its persistence in the environment once anthropogenically introduced, its ability to bioaccumulate in ecosystems and its significant negative effects on human health and the environment.” The document was based on the decision of the Governing Council of the United Nations Environment Program to create an international agreement to deal with mercury in the proper manner. The United Nations Conference on Sustainable Development entitled the international community with the role to negotiate a legally binding treaty on mercury to address the problem. The Convention aroused because of awareness of the participating countries about the influence of mercury on human health, especially in developing countries. It was following the safety standard acknowledging the impact of biomagnification of mercury on traditional foods. The text of the Convention further recalled the lesson on Minamata disease in Japan about the serious safety and environmental effects from mercury pollution. Developed countries have promised to help financially, technically, and technologically developing countries in the management of mercury, in order to promote the proper implementation of the Convention. The Convention gave praise to the activities of the World Health Organization in the fight against impact of mercury on human health. The Convention accepts other international agreements on mercury, and sees them as mutually supportive.

Article 1

States the objectives of the Convention

Works to protect the human health and the environment from releases of mercury and mercury compounds

Article 2

Concerned with the definitions of the banned mercury compounds

Small-scale gold mining refers to gold mining conducted by individual miners or small enterprises

“Best available techniques” refers to most efficient, effective, and preventive technologies to reduce emissions and release of mercury

“Best environmental practices” means using the most appropriate environmental control measures and strategies;

"Mercury" specifically refers to elemental mercury (Hg(0)

“Mercury compound” refers to any substance consisting of atoms of mercury

“Mercury-added product” refers to a product that contains mercury

Article 3

Addresses the question of mercury supply sources and trade

The provisions of this Article do not apply to mercury compounds used for laboratory research, naturally occurring trace quantities of mercury or mercury compounds present, mercury-added products.

It prohibits parties to allow mercury mining that was not being conducted prior to country’s entrance in the treaty, and it only allows mercury mining that was conducted prior to the treaty up to fifteen years after that date

It encourages countries to identify individual stocks of mercury or mercury compounds exceeding 50 metric tons, and that if found such mercury is disposed of in accordance with the guidelines for environmentally sound management

States are not allowed to export the mercury except for the Environmentally sound storage or if it’s necessary to ensure protection of human health; same goes for imports

Article 4

Addresses the question of Mercury-added products

Each state needs to take appropriate measures to ban the manufacture, import or export of mercury-added products

Article 5

Concerned with manufacturing processes in which mercury or mercury compounds

Prohibits the use of mercury or mercury compounds in the manufacturing processes

Each state has to maintain relevant information on processes that use mercury or mercury compounds

The use of mercury or mercury compounds is forbidden in a facility that did not exist before the Convention

Article 6

Concerned about exemptions available to a Party upon request

Each party to the treaty may register for one or more exemptions from the phase-out dates that will expire five years after the request

Each party needs to provide extensive and sufficient report justifying the need to extend the phase out date

Article 7

Talks about question of artisanal and small-scale gold mining

Each Party that has small-scale gold mining within its territory needs to reduce the use of mercury and mercury compounds in mining and processing.

Article 8

Concerned with Emissions of Mercury

It addresses controlling and reducing emissions of mercury and mercury compounds

Each state needs to take measures to control the pollution and set out a national plan to reach the expected target and goals of the mercury emission, using the best available technology

Emission should be reduced no later than five years after the date of entry into the Convention

Article 9

Addresses the releases of mercury

Controlling and reducing releases of mercury and mercury compounds

Each state should within three years after of date of entry into force of the Convention identify the relevant releases of mercury into land, water, and air

If the source exceeds maximum allowable emission, state needs to take measures to control releases and prepare a national plan setting out the plan to reach expected targets, goals and outcomes.

National plans to control the release needs to be submitted to the Conference of the Parties not later than 4 years after the entry of the state to the convention

Article 10

This article is concerned with the environmentally sound storage of mercury

Any disposal of mercury waste should be done environmentally sound manner, taking into account any guidelines, and in accordance with any requirements of the Convention

Article 11

Concerned about relevant definition of mercury wastes, as well as the treatment of waste

All mercury waste should be disposed by the provisions of national law or the Convention, excluding overburden, waste rock and tailings from mining

Article 12

Deals with treatment of contaminated sites

Each state needs to develop appropriate strategies for identifying and assessing sites contaminated by mercury or mercury compounds in an environmentally sound manner

Treatment of contaminated site needs to incorporate an assessment of the risks to human health

Article 13

Stresses the question of financial resources and mechanism for reducing mercury pollution

Resources for reduction should come from domestic funding through relevant policies and national budgets, as well bilateral and multilateral funding

Private sector should be involved through imposition of taxes

Article 14

Addresses the capacity-building, technical assistance and technology transfer of mercury compounds

State need to work together to provide timely and appropriate capacity-building and technical assistance to developing country Parties, through regional and national arrangements

Article 15

Established Implementation and Compliance Committee to promote implementation and compliance all provisions of this Convention.

The Committee needs to be established consisting of 15 members which will decide on its rules of procedure and guidance

Article 16

Concerned about health aspects

It encourages states to promote strategies to identify all the population affected by mercury pollution

It encourages states to adopt health guidelines regulating the exposure of mercury, and provide education about dangers of mercury

Countries should provide appropriate health-care for treatment and care for people who are already exposed to mercury compounds

Article 17

Concerned with information exchange to facilitate the reduction in mercury pollution

Each party needs to exchange information concerning mercury and mercury compounds on Activities and processes that emit or release mercury or mercury compounds in order to come up with most efficient and effective

Article 18

Stresses the importance of public information in order to raise awareness and educate people

Article 19

States need to cooperate in order to develop and improve mercury pollution reduction

Article 21

States that each party is a subject to the Conference of the parties, and needs to report through the secretariat on measures taken so far, and the effectiveness of those measures

Article 22

Effectiveness evaluation: The Conference of the Parties needs to evaluate the effectiveness of this Convention, weighing cost and benefits, and analyzing results

Article 23

Establishes the Conference of the Parties

Article 24

Established Secretariat

Article 25

States that are in dispute need to seek for the settlement within the Convention

Article 26

Sets the rules for the amendments to the Convention

Amendments to the Convention may be proposed by any Party, and they can be adopted at a meeting of the Conference of the Parties

Ratification of an amendment will be notified to the Depositary in writing.

Article 27

Sets the rules for adoption and amendment of annexes

Article 28

Establishes the rules for the right to vote: one party, one vote

Article 29

Opens the Convention for signature at Kumamoto, Japan

Article 30

Every state is a subject to ratification, acceptance, and approval of this Convention

Article 31

Declares Convention’s entry into the force

Article 32

Excludes the right of reservations to this Convention.

Article 33

Gives right to states to withdraw from a treaty with a one-year notification of withdrawal

Article 34

Names The Secretary-General of the United Nations as the Depositary of this Convention.

Article 35

The original of this Convention is translated into Arabic, Chinese, English, French, Russian and Spanish, and all of them hold the equal weight.

Workshops

On the Conference of Plenipotentiary in Kumamoto in October 2013 it was agreed to organize workshops all around the world in support for ratification and implementation of the Minamata Conference on Mercury. In order to operate within these workshops successfully the secretariat is working with other relevant bodies, “including the secretariat of the Basel, Rotterdam and Stockholm conventions in order to make full use of relevant experience and expertise.” The workshops have been set up in order to improve the understanding and implementation of convention, as well as raise awareness about the process for implementation, signature and ratification. One of their goals is to inform people about “available sources of support and creating opportunities for exchange and action in the sub-regions.” At the conclusion of each workshop the participants define national roadmaps and set out steps that should be taken at national level to achieve successful ratification and implementation.

The workshops deliver an opportunity for coordination of work in the interim period, as well as enabling activities with the support of the Global Environment Facility, with contributions to the workshop from the secretariat of different organizations. “The Interim Secretariat will be organizing regional workshops to support ratification and early implementation of the Minamata Convention in 2015, back-to-back with the regional meetings for the Basel, Rotterdam and Stockholm (BRS) Conventions in preparation for their Conferences of the Parties to be held in 2015.”

Mercury Club

Within the conference a “Mercury Club” was established to support the negotiating process for the legally binding instrument on mercury. Three different types of awards, gold, silver and bronze, were presented and established “according to the level of contributions received in the time period between the 25th session of the UNEP Governing Council, where the decision to convene negotiations was taken, and the sixth session of the intergovernmental negotiating committee.” The recipient of award included governmental bodies, intergovernmental organizations, non-governmental organizations and individuals. Contributions could be made in different form such as in cash or acts like hosting of a meeting directly related to the negotiations process.

Money contributions were awarded as followed:

GOLD - contributions of USD 1,000,000 and more

SILVER - contributions of USD 500,000 and more

BRONZE - contributions of under USD 500,000

GOLD certificates awarded to:

European Union

Government of Japan

Government of Norway

Government of Sweden

Government of Switzerland

Government of the United States of America

Government of Uruguay

Nordic Council of Ministers

SILVER certificates awarded to:

Government of Canada

Government of China

Government of France

Government of Germany

Government of Sweden

BRONZE certificates awarded to:

African Union Commission

Government of Austria

Government of Belgium

Government of Brazil

Government of Burkina Faso

Government of Canada

Government of Chile

Government of China

Government of Colombia

Corporacion Andina de Fomento

Government of the Czech Republic

Government of Denmark

Government of Egypt

Government of Finland