HC asks shipbreakers again to go by rules, ensure protection of workers, public, environment
The High Court yesterday said import of ships will not be allowed for dismantling unless public and workers' safety and environmental protection are ensured.
The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain said this during hearing of a petition filed by Bangladesh Ship Breakers Association (BSBA) seeking permission to import ships for dismantling.
The court directed the BSBA to submit a report by February 27 on experts' opinion regarding pre-cleaning of ships inside the country.
The court fixed February 27 for delivering an order on the petition.
The same bench on January 19 issued a suo moto rule directing the government to stop all kinds of shipbreaking until further order. The order came against the backdrop of an explosion inside a ship in Sitakunda that killed four workers on January 18.
Justice Shamsuddin, senior member of the bench, yesterday said, "We'll permit entry of ships into the country's territory for scrapping on a temporary basis before framing the rules by the government only when some conditions are fulfilled."
He said the shipbreaking workers must be provided with relevant training and helmets, gloves and other necessary safety gears.
Modern technology must be used during breaking ships, the judge said, adding that oil tankers and nuclear and passenger ships, which contain toxic and hazardous materials, cannot be imported until they are cleaned.
Waste of the ships has to be dumped in a specific place so that environment and water are not polluted, the court observed.
Referring to a reported statement of Prime Minister Sheikh Hasina, who has recently said the shipbreaking sector is identified as a separate industry considering its huge potentials and economic benefit, the bench said the industry must follow the relevant rules and regulations.
The BSBA filed the petition with the HC in January for recalling its order of December 15 that directed the government to frame rules within next three months to ban import of any hazardous ships.
According to the HC ruling, the rules must be framed in light of six existing laws --
- The Basel Convention Act, 1989;
- Bangladesh Environment Protection Act, 1995;
- Bangladesh Marine and Fisheries Ordinance, 1989;
- Bangladesh Labour Act, 2006;
- Bangladesh Territorial Water and Maritime Zone Act, 1974; and
- Environment Protection Rules, 1997.
The ruling came following a petition filed by Bangladesh Environmental Lawyers' Association (Bela). The organisation filed the petition as supplementary to the original writ upon which the HC on March 17, 2009 directed the government to frame specific rules considering the relevant laws to prevent import of toxic ships.
Fida M Kamal, Syeda Rizwana Hasan and Iqbal Kabir Lytton appeared for Bela, while Anisul Huq argued for the ship breakers.
Source: The Daily Star Sunday, February 21, 2011
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