The Implementation of Prior Informed Consent in the Rotterdam Convention in Indonesia to Protect the Right to Health (Case Study of Pesticide Import)

Abstract

Indonesia as a developing country that relies most on its agricultural field for food supply, has become the largest pesticide user in South East Asia. Used as a way to keep off pests from damaging the crop, pesticides proved to have harmful effects on the environment. The residue could be exposed to soil, water, crop, or even human. Pesticide residue that left in the crop, for example, could still be in the vegetable even after proper cooking conditions. Moreover, pesticide residue could affect the soil quality, making it infertile and damaged. Farmers that use the pesticide could also suffer from diseases caused by prolonged exposure to pesticides. With the ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Indonesia is expected to reduce imported hazardous chemicals and pesticides. This thesis aims to explain how the implementation of the Rotterdam Convention in Indonesia works, also whether the implementation of this convention can protect the right to health in Indonesia. Using the normative method that done through identifying legal norms and legal views, this method aims to understand and answer the object of study by using the juridical normative approach method. The result of this research shows that as a state party of the Rotterdam Convention, Indonesia only partly takes action on reducing the transboundary movement of hazardous chemicals and pesticides. Appointing designated national authority from two different ministries, ministry of agriculture and ministry of environment and forestry, Indonesia yet to respond to almost half of hazardous chemicals and pesticides listed under Annex III of the Rotterdam Convention. Chemicals listed under Annex III will be subjected to Prior Informed Consent procedure. This procedure requires the state party to giving their consent to import or not to import certain chemicals substances under the Annex III. Furthermore, considering that the Annex III itself contained pesticide on its list, Indonesia also yet to based its definition of banned pesticide on Annex III meanwhile the newest regulation on pesticide regulation still based their banned chemicals on both WHO and FAO standards. The goals of the Rotterdam Convention with Prior Informed Consent procedure to protect the right of health through international cooperation is still determined by how far a state party is willing to further implementing the convention itself.