The Rotterdam Convention, established in 1998 is an international, consensus- based treaty designed to facilitate informed decision-making by countries that use or trade in hazardous chemicals. At its core, the principle of consensus- based decision making is the most significant attribute of the Convention, contributing to its lasting success and effectiveness.

Recently, a profound threat to the international order emerged when Australia, Switzerland and Mali announced their intent to introduce a “consensus busting” amendment, modifying the long-standing process of inclusion for new substances in Annex III of the Convention. In simple terms, chemicals included in Annex III are banned or severely restricted, when they become subject to previous consent procedures (PIC’s) when traded and imported. Today, the bedrock procedure of the Convention requires unanimity of the Convention’s member states to include any new substance in the said Annex. Yet, these three nations no longer agree.

The radical amendment aims to eliminate consensus-based decision making in international affairs, so that any future inclusions would be subject to a qualified majority. Nations around the world are reacting negatively to this unprecedented back-door attempt to upend decades of international harmony.

The reaction of large countries – such as India, China, Argentina, Cuba, Eritrea, Guatemala, Kazakhstan, the United States and even the Russian Federation – has been universally negative. They have all, in one form or another rejected attempts to undo the fabric of the Rotterdam Convention in order to satisfy the narrow interests of nations Australia, Switzerland and Mali to change. If this amendment were to succeed, many predict the unraveling of the Convention entirely.

Behind this back-door attempt is a story of how certain developed nations are trying to manipulate an international convention to impose their narrow interests on the international chemical market. By trying to re-write the rules of the game, they believe it will be easier for them to promote certain chemicals over others, especially in agricultural and industrial markets. Led by Australia, the so-called “consensus busting” amendment proves once again that commercial interests and the lobby of special interests are hard at work.

If this amendment is approved, the Rotterdam Convention will be watered down to such an extent, that it will be at risk of becoming hostage to the market interests of certain, more “developed” countries.

Since the Rotterdam Convention came into being, consensus has always been the basis for international cooperation and has successfully governed the decision- making process.

This radical proposal will be discussed at the next COP-11 in Geneva (May 2023). For the sake of the integrity of the Rotterdam Convention, it is hoped this amendment will not succeed.