Green Groups condemn Indian Environment Minister’s stance on 'Riky' as an affront to the Basel Convention: Danish Foreign Minister contacts Indian government

Press release - May 4, 2005
NEW DELHI/COPENHAGEN, India — Environmental and labour groups today condemned Indian Environment Minister, Mr. A. Raja’s refusal to return the toxic ship ’Kong Frederik IX’ alias ’Riky’ to Denmark in his response to his counterpart, Ms. Connie Hedegaards’ request for the recall of rogue ship illegaly beached at Alang for scrapping. Meanwhile Danish Foreign Minister, Mr. Per Stig Moller has contacted the Indian foreign ministry to intervene in the matter.

The fugitive toxic ship " Kong Frederik IX" alias "Frederik" alias "Riky", spotted in Alang.

"In his letter, the Indian Minister wrote 'We have determined that the ship cannot be classified as "Wastes" within the scope of Act 2.1 of the Basel Convention.' and 'I would like to assure you that India has adequate capacity to ensure environmentally sound disposal of the said ship.' These two quotes are in direct contradiction to each other," clarified Jim Puckett of Basel Action Network (BAN), a Basel watchdog group, "Article 2.1 of the Basel Convention defines waste as 'substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law;' Mr. Raja has inadvertently stated the obvious, that the ship in question is to be disposed.  Thus, it is a waste as defined in the Convention."

"Denmark considers Ricky to be a hazardous waste, which in itself  is sufficient legal basis for India to be obliged to consider it such as well. Besides, the ship left Denmark without proper notification.  The Indian ministry does not have any legal justification for ignoring another Basel party's law, Denmark's, in this regard. Clearly Mr. Raja and his department appear to be making this claim to protect the global shipping industry's commercial interests by preventing the controls stipulated by Indian and international law," said Shailendra Yashwant, Campaigns Director, Greenpeace India.

It is a well-known fact that the beach ship-breaking yards of South Asia cannot be considered to be practicing Environmentally Sound Management (ESM) for ship-breaking under the Basel Convention.  The Basel Convention defines ESM broadly as: "taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes. It is widely recognised that the beaches at Alang do NOT represent Environmentally Sound Management (ESM) of wastes as defined in the Convention.

BAN has already published a Basel Non-Compliance Notification and forwarded this report to the United Nations Human Rights Commission's Special Rapporteur on toxic waste dumping, as well as to the Secretariat of the Basel Convention, and United Nations Environment Program's Executive Director.

For further information, contact:

Jim Puckett, Basel Action Network,   001.206.652.5555. Shailendra Yashwant, Campaigns Director, Greenpeace India: +919845535411

Namrata Chowdhary, Media Officer, Greenpeace India: +919810850092