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
༯span>
Ministries of Defence
and Steel Should Act to Prevent Threat to Maritime and Environmental Security ࠼/b>
༯span>
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>
༯span>
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.
༯span>
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.
༯span>
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>
༯span>
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.
༯span>
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.
༯span>
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.
༯span>
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>
༯span>
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.
༯span>
Sovereignty in international law is an accepted principle.
Dumping of hazardous waste like end of life ships violates it. ༯span>
༯span>
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA),
Mb: 9818089660,༯span>E-mail-krishna1715@gmail.com, Web:toxicswatch.blogspot.com
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