Are we deceived by Customs, Trade Ministry, BOI, and CEA?

Garbage imports

By Gomi Senadhira

Finally, Sri Lanka has managed to get rid of 243 containers filled with 3,000 tons of toxic waste imported from the United Kingdom. Unfortunately, the authorities are yet to take action against any of the importers. (Toxic garbage from the UK – CEA, Customs fail to take action against the importers; The Island 22 February 2022). Can we expect any action from the CEA and the Customs against the importers? I am not optimistic. Why? Let me explain.

First, why do developed countries like the UK and Singapore lawfully or unlawfully export garbage or what they call “recyclable waste” overseas? Because it is cheap, and they can do that very easily with the help of dishonest officials and shady “entrepreneurs” in developing countries, for whom it’s a lucrative business.

Secondly, how did the Customs detect the 3,000 tons of “illegally imported foreign garbage”? Wasn’t it only when the containers that remained in the port for months without being cleared by the importer started to stink and leak? When were the tons of customs-cleared garbage in a clandestine garbage dump created inside the BOI discovered by the BOI and the CEA? Wasn’t it only after a media exposure? Didn’t all this happen after the implosion of Meethotamulla garbage dump? Coincidence? Maybe. Maybe not.

In 2018, I wrote against yahapalanaya government’s plans to turn Sri Lanka into a dumping ground for Singaporean garbage, under the Sri Lanka Singapore FTA (SLSFTA). That was after, China, the world’s largest importer of waste, banned imports of “foreign garbage” in 2017. At that stage, I did not know stinking toxic waste was imported into Sri Lanka. Because that kind of waste is not a normal part of global commerce. Only failed states import that type of waste. Sri Lanka, I believe, is not one of them.

At that stage, my main concern was plastic waste; the main target of the Chinese ban. Before the ban on imports, China was the main importing country of plastic waste. Their studies showed that over 70% imported plastic waste was mismanaged, triggering a series of environmental problems. That is why in July 2017 China notified the World Trade Organization (WTO) that it would stop accepting shipments of “foreign garbage” such as waste plastic. China’s WTO filing said, “We found that large amounts of dirty wastes or even hazardous wastes are mixed in the solid waste that can be used as raw materials. This polluted China’s environment seriously… To protect China’s environmental interests and people’s health, we urgently adjust the imported solid wastes list, and forbid the import of solid wastes that are highly polluted.”

During the four-year period 2017-2020, while struggling to ship back 3,000 tons of illegally imported stinking wastes, the customs and the CEA had facilitated “legal” imports of a much larger quantity of garbage into the country. For example; Sri Lanka imported nearly 20,000 tons of plastic waste (HS 391590) In addition, nearly 1000 MTs of plastic waste under HS 391530 was also imported every year. Most of it, according to customs data, was imported from China. As far as I am aware, China does not export plastic waste!

In 2018, when I warned about possibility of our trade negotiators from the BOI, the Customs and, trade and finance ministries are planning to establish garbage processing plants in Sri Lanka under the SL-SFTA. In 2016 Singapore exported over 40,000 tons of plastic waste. Most of it went to China. After the Chinese ban, Singapore was looking for new dumping ground for plastic waste. However, the ministers from the “Yahapalanaya” government strongly refuted it. Among them were Mr. Eran Wickramaratne, the former State Minister of Finance, and Dr. Harsha De Silva, the former State Minister of National Policies and Economic Affairs. They insisted Sri Lanka does not and will not import garbage. They did so while the Customs and the BOI were passing in thousands of tons of garbage into the country. Then there are very strong provisions in the SLSFTA to facilitate the export and processing of garbage. For example, Waste Disposal Services (CPC 9402), in the services chapter opens mode 2 (that is consumption abroad). That means Singapore can consume its solid waste processing service abroad. In this bilateral agreement that means in Sri Lanka. Yet, ministers and the trade negotiators said it was “…a despicable attempt … to deceive the public” and unleashed a media campaign with totally incorrect information with incorrect information to mislead the public. Does that mean our negotiators and ministers do not know how to read and understand simple commitment in the agreement! Or was it a “…a despicable attempt … to deceive the public”?

In 2018 I urged the government to swift action and ban the import of plastic waste and notify the WTO. It is essential to ban imports before Singaporean or Chinese companies establish Waste Disposal Service in Sri Lanka using SLSFTA. It is also necessary to remove all the garbage import and processing-related paragraphs from the SLSFTA. So far, the government has not taken any action on it.

As per the National Solid Waste Management policy published on the CEA website (Last Updated on Friday, 02 August 2013) importation of post-consumer waste to Sri Lanka is prohibited and the establishment of any new recycling industry based on any imported waste/ recycled material is not allowed. But Sri Lanka’s imports waste had increased by many folds since 2013. We have also given commitments in the SL-SFTA that allows foreign investment in waste disposal services to process imported waste!

Can the government, particularly the ministers responsible for trade and environment Mr. Bandula Gunawardana and Mr. Mahinda Amaraweera explain to the country why they are not taking action to ban the import of garbage? If they are unable to do so, why do they need to import plastic waste? Do they believe, unlike in China, plastic waste does not pollute Sri Lanka’s environment seriously? Do they believe they have no obligation to protect Sri Lanka’s environmental interests and people’s health? Perhaps, we could also have their views along with those of Mr. Eran Wickramaratne and Dr. Harsha De Silva on the import of garbage and the commitment given in the SLSFTA on consumption abroad of “Waste Disposal Services.”

(The writer is a specialist and activist on trade and development issues. He can be reached at senadhiragomi@gmail.com)