Can't clean up? Shut Down!

Feature story - July 11, 2005
NEW DELHI, India — Enough is enough! For years, we've demanded 'Clean Ship-breaking' and received little but rhetoric in response. Now, as the Indian delegation at a meeting of the Basel Convention working group does yet another about-face, we're asking India to admit that it cannot handle the ship-breaking industry. We are no longer willing to offer up our resources under the pretext of 'recycling' ships for developed countries.

Death in a day's work

The controversy over ship-breaking yards is as old as the problem of toxic contamination itself. In Alang, in Bangladesh, in fact at every ship-breaking yard in developing countries, laws are flouted with impunity, the environment ruthlessly devastated and workers treated as an expendable commodity.

On the one hand, authorities would embrace the right rhetoric - uphold the Basel Convention, agree with the Supreme Court directives, and show willingness to implement laws, both national and international. On the other hand, when it was time to act, the noble ideals remained at rhetoric, and the official stand was conveniently reversed to suit the vested interests of this mega-million rupee industry.

"In the absence of political will, we cannot force the shipping industry to clean up their act. We wanted to ensure that India received clean steel and that the ship-breaking workers could retain their jobs and their health," said Ramapati Kumar of Greenpeace India. "But enough is enough! If Indian authorities cannot stand by their commitment to international convention and national laws, and instead encourage toxic trade, it is inevitable that the industry will suffer the consequences."

 This change in stance was reflected in a joint press statement issued by environmental and labour groups including Greenpeace, Basel Action Network (BAN) and CITU today, which stated for the first time that India can no longer be considered a destination for any ship-recycling operations, now or in the foreseeable future, due to its blatant disregard for the environment, human rights, and international law.

"Government authorities have shown their complete inability to implement the most basic rules and regulations to safeguard labour interests - the workers lose life and limb for the sake of a mere fifty rupees a day," said PK Ganguly of Centre of India Trade Unions, "They would be better off seeking employment elsewhere - the government has failed them so completely that there is no point in allowing the industry to continue."

 The last straw was the recent decision by the Supreme Court Monitoring Committee to clear the Danish ship Riky for breaking. The Riky, containing hazardous substances such as polychlorinated biphenyls (PCBs), tributyltin (TBT) and asbestos, has been beached at Alang, in Gujarat, for over nine weeks, as various authorities - the Gujarat Maritime Board, Ministry of Environment and Forests, and the Supreme Court Monitoring Committee on Hazardous wastes, among others - vacillated over the official Indian position on this fugitive ship.

The Danish government, in repeated letters from their Ministers of Environment and of Foreign Affairs, had begged India to return the vessel as it was hazardous waste under the international treaty, the Basel Convention (Footnote 1) and considered a fugitive under Danish law. The ship was exported without proper notification or assurances that it would be managed in an environmentally sound manner. (Footnote 2) But instead of rightfully returning the ship to Denmark, the SCMC has given the Indian ship-breaker the go-ahead to scrap this ship on the beaches of Alang.

As Ramapati adds, "The SCMC's reversal of its earlier stance on Riky has exposed that no one, not even a Supreme Court appointed authority, is free from pressure from vested interests."

 Shocking as it was, the SCMC verdict was only the beginning.

 In a move that is sure to have far-reaching impacts, India has also shocked the delegates at a working group of the Basel Convention (Footnote 3) in Geneva this week by publicly stating that it had no intention of adhering to the Basel Convention Guidelines on Environmentally Sound Ship Dismantling. This despite the fact that India had helped negotiate these guidelines that were adopted in 2003. In a Convention with 165 Parties, India was the only country to hold the position that deems a ship is not a waste under the Convention and therefore not subject to all of the control procedures and obligations of the Convention. Meanwhile the Indian Ministry of Defence is engaged in investigations of underworld connections in Alang.

Click here for the joint press statement including a list of instances of international and national laws being abused.

FOOTNOTES 1. The Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, adopted 1989. India became a party in 1992. 2. Letters and legal analysis of the Riky case can be found at: www.ban.org/index.html 3. 4th Session of the Open-Ended Working Group of the Basel Convention, 4-8 July 2005, Geneva

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