Friday, 20 July 2012

Court Order by Asbestos laden ex US Ship to be heard by apex court on July 20

Collusion of Govt Agencies & Violation of Basel Convention and Court Order by Asbestos laden ex US Ship to be heard by apex court on July 20
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Ministries of Defence and Steel Should Act to Prevent Threat to Maritime and Environmental Security ࠼/b>
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New Delhi July 19, 2012: Supreme CourtⳠbench of Justice Altamas Kabir and Justice J. Chelameswar will hear will hear the matter of violation of UNⳠBasel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and courtⳠMay 3, 2012 order and July 6, 2012 judgment by ex US Ship Exxon Valdez (currently named MV Oriental N) on July 20, 2012. India is a party to the Convention. Unlike what is claimed by the ship breaker and the colluding government agencies teh attached diagram shows the hazardous materials in Exxon Valdez like ships.༯span>
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The process of shipbreaking creates various health threatening hazardous materials is beyond doubt. Apart from the hazardous materials, namely asbestos, lead, Polyvinyl Chloride (PVC), found present on the vessel, there would be other hazardous, highly toxic gases generated by the cutting of the metal and the painted steel structure with oxyacetylene torches. It is beyond doubt that the workers present on the site will be exposed to chemicals such as Polychlorinated Biphenyls (PCB), Polyvinyl Chloride (PVC) Polycyclic aromatic hydrocarbons (PAH), tin-organic compounds, Tributyltin (TBT), oil, asbestos dust and other fumes and gases containing dioxins, isocyanine gas, sulphur etc.
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Information found in a Factsheet issued by the U.S. Department of Labor, Occupational Safety and Health Administration reads as follows:
What are some of the hazards associated with shipbreaking?
Shipbreaking operations expose workers to a wide range of hazards or workplace activities or conditions likely to cause injury or illness. These include the following:
Hazardous Exposures
* Asbestos-in hanger liners, mastic under insulation, cloth over insulation, cable, lagging and insulation on pipes and hull, adhesive, gaskets on piping connections, and valve packing.
* Polychlorinated biphenyls (PCBs)-in rubber products such as hoses, plastic foam insulation, cables, silver paint, habitability paint, felt under septum plates, plates on top of the hull bottom, and primary paint on hull steel.
*Lead-from lead and chromate paint, lead ballast, batteries, generators, and motor components.
* Hazardous material and chemicals-including heavy metals in ship transducers, ballast, and paint coatings; mercury in fluorescent light tubes, thermometers, electrical switches, light fittings, fire detectors, and tank-level indicators; and  chlorofluorocarbons (CFCs) in self-contained refrigeration devices such as water coolers and small  freezer units.
* Excess noise-associated with grinding, hammering, metal cutting, and other activities.
* Fire-from ignited insulation, matting, lagging, and residual fuel; and from lubricants and other flammable liquids.
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The fact is that none of the ships including the hazardous ex-US ship now in Indian coastal environment have complied with the Convention despite courtⳠorder. This means that neither the direction of prior decontamination of the end of life ship in the country of export nor the prior informed consent procedure has been followed. ࠠ
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Admittedly, the ex-US ship has not complied with the Convention and the May 3 and July 6 2012 order. Arguing the case on July 19, 2012, Mr Sanjay Parikh, lawyer, Supreme Court argued that the authorities and the ship breaker have violated the courtⳠorder and the Convention.
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The relevant part of the May 3 order which requires compliance with Convention,༯span>reads:༳pan style="background-color:transparent">༩>だcopy (of the application) has been provided to Mr. Ashok Bhan, learned senior counsel appearing for the Union of India and Mr. T.S. Doabia, learned senior counsel, who submits that he is appearing on behalf of the Ministry of Shipping, Government of India. Both, Mr. Bhan and Mr. Doabia, are requested to take instructions on the statements made in the interlocutory application and to inform this Court as to the steps being taken to prevent the ship berthing in any of the   ports in India, without following the conditions indicated in the Basel Convention.伯i>
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The para 35 of the July 6 judgment reads:㔨e Central Government is also directed to ban import of all hazardous/toxic wastes which had been identified and declared to be so under the BASEL Convention and its different protocols. The Central Government is also directed to bring the Hazardous Wastes (Management & Handling) Rules, 1989, in line with the BASEL Convention and Articles 21, 47 and 48A of the Constitution.䠔his judgment is consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries.
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The court has made it clear that according to the apex courtⳊOctober 13, 1997 and October 14, 2003 orders, ship-breaking operations could not be allowed to continue without strictly adhering to Basel Convention, precautionary principles, Central Pollution Control Board guidelines and without taking proper safeguards.
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Meanwhile, Bangladesh Supreme Court in WRIT PETITION NO. 7260 OF 2008༯span>has noted in its attached judgment that 㼯span>The harm caused by shipbreaking might not be so intolerable if the vessels were decontaminated prior of importing the same and if sufficient infrastructure, precautionary and security measures are put in place to deal with hazardous working conditions and for handling and management of harmful waste materials which will inevitably be produced by the process of dismantling.䠉t has reached the conclusion that ㄥcommissioned sea-going vessels, including end-of-life single-hull oil tankers which have been destined for disposal recycling, are being sent from European and other countries to be dismantled in Bangladesh without first being decontaminated of hazardous materials as is required by the Basel Convention.䠔his has been referred to in the application that will be heard on July 20, 2012.༯span>

The order refers to IndiaⳠSupreme Court order saying, 㗥 note that in the Writ Petition No. 657 of 1995 Research Foundation for Science vs. Technology National Resource Policy, the Supreme Court of India passed an order dated 14.10.2003 wherein they noted the key objectives of the Basel Convention as follows: to minimise the generation of hazardous wastes in terms of quantity and hazardousness; to dispose of them as close to the source of generation as possible; to reduce the transport and movement of hazardous wastes.䠂angladesh Supreme Court appreciates Indian courtⳠOctober 14, 2003 judgment but criticizes its September 2007 order saying, 㮮.the decision of the Supreme Court in its judgment on the Blue Lady in 2007 is contradictory to its decision on ship dismantling delivered in 2003. Its restrictive approach of sustainable development in the decision in 2003 provided that in order to achieve sustainable development environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it; the shipbreaking operation cannot be permitted to be continued without strictly adhering to all precautionary principles; the court ordered that before a ship arrives at port, it should have proper consent from the concerned authority or the State Maritime Board, stating that it does not contain any hazardous waste or radioactive substances on board; the Court obliges that all ships 㳨ould be properly decontaminated by the ship owner prior to the breaking.伯span>

ToxicsWatch Alliance (TWA) had also written to Parliamentary Standing Committee on Transport seeking its intervention to stop dumping of toxic ships by enacting illegitimate subordinate legislations.
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TWA has been campaigning against the US Ship Disposal Policy of US Maritime Administration (US MARAD) that is exploiting the weakness in IndiaⳊenvironmental regulatory agencies, has unfolded it s with Indian sea coasts as one of its key destinations. In the aftermath of the July 6વdgment, the fate of Sierra Leone flagged ex end-of-life US ship Exxon Valdez (currently named MV Oriental N, IMO No. 8414520) appears sealed.
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The central and Gujarat government authorities will now have to take steps to prevent the entry of another dead and hazardous US flagged ship, ㄅLAWARE TRADER䠨IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June,ರ12. TWA demands that DELAWARE TRADER should not be allowed to enter Indian waters. These ships enter Indian waters and present fait accompli to the law enforcement agencies. The courtⳠorder will act as a deterrent.ࠠ
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In para 31 of the July 6 judgment, it reads:ㅴhe question of ship breaking and distribution of hazardous wastes are being considered separately in the contempt proceedings, in these proceedings we expect and eiterate that the directions contained in the BASEL Convention have to be strictly followed by all the concerned players, before a vessel is allowed to enter Indian territorial waters and beach at any of the beaching facilities in any part of the Indian coast-line. In case of breach of the conditions, the authorities shall impose the penalties contemplated under the municipal laws of India.伯span>
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In manifest contempt of court, Gujarat Pollution Control Board, Gujarat Maritime Board, Union Environment & Forests Ministry and Union Ministry of Shipping have colluded to give clean chit to the hazardous ex US ship.
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Sovereignty in international law is an accepted principle. Dumping of hazardous waste like end of life ships violates it. ༯span>
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For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 9818089660,༯span>E-mail-krishna1715@gmail.com, Web:toxicswatch.blogspot.com

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