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print versionThe Daily Star, 5 December 2010
Editorial
Toxic ships in Bangladesh waters
Tough action must be taken against those flouting the law
The entry of sixteen toxic ships into Bangladesh waters, despite clear High Court orders prohibiting such entry, is a matter which arouses the concern of every citizen. As a report in Friday’s issue of this newspaper makes clear, the shipping and environment departments have obviously seen little reason not to let these ships in. It is here that one wonders: are these departments at all aware of the legal moves taken in the recent past to keep such toxic vessels away from Bangladesh or have they simply decided on their own that High Court directives matter little and can easily be flouted? The sixteen ships in question have been given no objection certificates (NOCs) by the shipping authorities and are therefore now busy with the task of scrapping. Perhaps the issue would not have come to light had the Bangladesh Environmental Lawyers Association (BELA) not kept track of circumstances. The organization has served a legal notice on those responsible for issuing the NOCs despite the clear, unambiguous High Court orders relating to the issue.
We are of the opinion that the matter warrants the serious attention of the government, to the extent that it swiftly and effectively takes to task those guilty of making light of decisions aimed at ensuring the safety of Bangladesh’s people from unwarranted and dangerous intrusions. BELA has meanwhile made it known that of late the officials on whom it has served the legal notice have in cavalier manner gone against judicial moves regarding the entry of toxic ships into Bangladesh and have been charged with contempt of court. Now, if circumstances are such that the authorities feel little or no compunction in engaging in activities that are a clear threat to the health of people and if we need consistently to go back to the courts to ensure that everyone falls in line with regulations, it only shows how poorly we are all served by those whose job is to make sure that we are safe in every sense of the meaning. Note that in March last year, the High Court served a directive on the government to the effect that it must not allow any scrap ships in without first making sure that these ships are de-toxified outside Bangladesh territory. Two months later, the HC further made it known that no ship should be imported or brought in for scrapping purposes without first ensuring that the toxicity is not there and that pre-cleaning certificates have been obtained vis-a-vis the ships from the place of origin of the ships.
Given that this is the judicial position that should complement government action guaranteeing a compliance with the rules, one cannot but infer that the sixteen ships in question have been let in without the necessary guarantee that they have been freed of their toxic elements. We urge that the authorities institute a proper and quick inquiry into the issue and have the results revealed to the public. Meanwhile, it is necessary to make it known to the shipping and environmental agencies or departments of the government that they or their staff and officials cannot get away with any more flouting of the rules relating to ships coming into Bangladesh. And that can be done through a tough handling of those who have so far been committing the offence of looking the other way as these toxic vessels have sailed in.
o o o
The Daily Star – 23.08.2010
SC’s firm no to toxic ship
Court directs ship-breakers to submit safety certificates before import
The Supreme Court yesterday directed Bangladesh Ship Breakers’ Association (BSBA) to execute the High Court order to get all scrap ships decontaminated at source and outside Bangladesh territory.
A full bench of the SC passed the order during hearing of an appeal filed by BSBA seeking a stay on the HC order. The BSBA sought to import toxic ships within the interim period until the government formulates guidelines for the ship-breaking yards.
The HC division in its order on May 11 directed BSBA to have pre-cleaning certificate of decontamination before importing vessels into Bangladesh for breaking.
“The order means the ship breakers would not be able to import toxic ships,†said Syeda Rizwana Hasan, chief executive of the Bangladesh Environmental Lawyers’ Association (BELA).
A full bench of the Appellate Division headed by Chief Justice Mohammad Fazlul Karim observed that value of life [of ship-breaking labourers] could not be justified by money in any manner.
The SC observation came as the BSBA counsels were arguing ships cannot be imported for breaking due to the HC order and the ship-breaking industry is facing loss and labours are losing jobs.
On March 17 last year the HC asked the government to shut down ship-breaking yards in two weeks if they do not take environment clearance certificates.
The court also directed the government not to allow import of any contaminated ships built with toxic substances and ordered all ship-breaking yards to obtain environmental clearance certificate from the government.
However, at least 24 workers were killed, mostly due to explosions and coming in contact with toxic materials, while 24 others were maimed in 15 accidents in 15 shipyards as the HC order was not obeyed in last 16 months.
The apex court also ordered the association to comply with the HC order that had said the Department of Shipping could issue no objection certificates (NOCs) for scrap ships. But the NOCs must be issued after seeing certificates of proper authorities stating about decontamination of ships and guarantee of ship exporters saying those are not hazardous.
The Appellate Division adjourned hearing on the appeal by BSBA for four months and asked the association to move their appeal before it after implementing the HC order, advocate Iqbal Kabir Lytton of BELA told The Daily Star.
Following the court’s order to take pre-cleaning certificates from exporters, the Ministry of Commerce amended the Import Policy Order, 2009-12 to comply with it.
This amendment was changed on request from the Ministry of Environment and Forest (MoEF) that purported to allow ships to enter Bangladesh with in-built, poisonous and cancerous substances for safe disposal, of which Bangladesh does not have minimum facilities.
With blessings from the MoEF, the ship breakers continued importing dirty ships that eventually had to stop by virtue of the order of May 11, 2010.
The BELA filed a petition with the HC in November last year seeking directive for stopping import of ships for breaking without pre-cleaning and environmental certificates from exporting countries.
Following the petition, the HC bench of Justice Md Imman Ali and Justice Obaidul Hasan on May 11 ruled that no ship could be imported without pre-cleaning and environmental certificates.
The court said the Department of Shipping could issue NOCs only to those ships that have such certificates and comply with other legal obligations. The ship exporters have to ensure that their ships are not hazardous.
Following a petition filed by BSBA on March 24, 2009, the SC stayed the HC verdict of March 17, 2009 on closure of the ship-breaking yards upholding other parts of the verdict.
The SC yesterday also adjourned hearing of the appeal of BSBA against the HC verdict of March 17, 2009.
Azmalul Hossain, AFM Mesbahuddin, Anisul Huq and Additional Attorney General MK Rahman appeared for BSBA, while Syed Amirul Islam, AM Amin Uddin and Syeda Rizwana Hasan were present for BELA.
BP’s SCHEME TO DUMP TOXIC SHIP ON SOUTH ASIAN SCRAPPING BEACH UNDER SCRUTINY BY U.S. OFFICIALS
BAN Media Release
28 October 2010 (Seattle, USA.) – According to the toxic watchdog organization Basel Action Network (BAN), a U.S. flagged oil tanker named "Prince William Sound†, that is part owned by BP and formerly was used to haul BP oil, is about to be sold for scrapping on the notorious shipbreaking beaches in South Asia. The ship, built in 1975 and whose namesake and owner are all too familiar reminders of recent environmental disasters, is likely to contain toxic wastes such as asbestos, polychlorinated biphenyls (PCBs) and other hazardous substances, and as such poses a threat to workers and the environment should it be exported to a developing country.
The vessel is reportedly moored now in a BP shipping depot in Malaysia, and its transfer is imminent. If the U.S. government fails to quickly intervene, the ship could be run up on the beaches of India, Bangladesh or Pakistan within days, where impoverished laborers break down ships by hand, subjecting them to explosions, accidents and occupational disease from exposure to toxic substances. This “beaching†method of scrapping ships is also devastating to local environments due to pollution and mangrove forest destruction undertaken to make room for the ships.
According to officials at the United States Maritime Administration (MARAD), the sale must first be approved by them based in part by a determination by the U.S. Environmental Protection Agency (EPA) that the export will not violate the Toxic Substances Control Act (TSCA) or other environmental laws. They have been notified by the ship’s owners (it is 25% owned by BP) of their intent to sell the vessel for scrap to a cash-buyer, a middleman who allows companies like BP to both sidestep controversy and avoid direct sales to Asian shipbreaking yards and also make a large profit by avoiding responsible and more expensive ship recycling in the U.S. or another developed country.
“BP is proving once again a callous disregard for people and the environment,†said BAN’s Green Ship Recycling Campaign Director, Colby Self. “The EPA and MARAD must step in now and prevent what could be another BP-sponsored environmental disaster.â€
Unlike BP, Chevron opted this year to recycle two of its tankers in Brownsville, Texas, in accordance with strict U.S. environmental and labor protection laws. Chevron’s environmentally responsible ship disposal decisions in 2010 generated U.S. green recycling jobs at a time when U.S. jobs are much needed.
Due to the year of construction, the “Prince†likely contains PCBs, asbestos of other hazardous materials within its construction. The EPA has noted, “Although no longer commercially produced in the United States, PCBs are most likely to be present in vessels deployed before the 1979 PCB ban.(1)†The Toxic Substances Control Act (TSCA), in force since 1979, prohibits the export of PCB contaminated material for disposal purposes. However, the U.S. EPA has long struggled to enforce TSCA against shipping industry violators, particularly when vessels operate outside U.S. waters and beyond EPA jurisdiction.
MARAD is required by law to authorize the foreign scrapping and reflagging to foreign registry of all U.S. flagged vessels; but in past years, BAN’s protests have revealed that MARAD’s review neglected to consider the potential violation of laws that were enforceable by agencies outside MARAD’s jurisdiction. As a result, many U.S. vessels were reflagged and sold or scrapped abroad in violation of TSCA. Now, MARAD and EPA have established a new process of review in which MARAD seeks EPA judgment to ensure compliance with TSCA prior to any reflagging or foreign scrapping authorization.
“The new Maritime Administration should be applauded for promising to more carefully monitor ship sales to prevent violations of U.S. environmental laws,†said Mr. Self. “But this is the test case. It’s time to take a stand and uphold environmental and labor protection laws for everyone everywhere. We urge MARAD and EPA to halt this sale as a matter of urgency.â€
For more information, contact:
Mr. Colby Self
Green Ship Recycling Campaign Director
Basel Action Network
+001 206 250 5652
(1) National Guidance: Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs, http://www.epa.gov/owow/oceans/habitat/artificialreefs/documents/pcb.pdf
