The Supreme Court yesterday directed the government to amend the
recently framed shipbreaking and recycling rules, as they do not ensure
protection of workers and the environment.
It
asked the administration to publish a gazette notification on the amended rules
and place it before the court by January 12. A 5-member bench of the Appellate
Division headed by Chief Justice Md Muzammel Hossain also fixed the day for
passing further order on the issue.
The
SC directive came after Fida M Kamal, a counsel for Bangladesh Environmental
Lawyers Association (Bela), had pointed out that the safety issue was missing
in the rules. He said the rules had been formulated in light of Hong Kong International
Convention that has not yet come into effect.
He
said the rules were framed considering only the interest of the shipbreaking
industry and owners, while the Ministry of Industries did not send the Ministry
of Law the rules for vetting before issuing the gazette notification.
Examining
the rules, the court said it had been stated in the preamble of the rules that
the government had framed the regulations as per directives of the court.
However, the government should have come up with the rules on its own in order
to "reflect what people want".
The
bench directed the government to reframe the rules so people's hope is
reflected in handling and managing hazardous materials and waste.
It
passed the order during the hearing on a government plea on extending a High
Court order that permitted conditional import of toxic ships.
The Ministry of Industries on December 12 issued a gazette
notification on the rules titled The Ship Breaking and Ship Recycling Rules,
2011 for safe and environmentally sound shipbreaking and recycling in
Bangladesh in compliance with an SC order.
Attorney
General Mahbubey Alam yesterday placed the gazette notification before the
court saying that the government had framed the rules in line with HC
directives.
Meanwhile,
Industries Secretary SH Masud Siddique as per an earlier SC order appeared
before the bench yesterday with a copy of the gazette notification. The court
exempted Masud Siddique from further personal appearance before it following
his petition.
Advocate
Iqbal Kabir Lytton, another lawyer from Bela, told The Daily Star that the
toxic ships cannot be imported for breaking till further order, as the HC in
October this year restricted import of toxic ships till rules are framed.
Following
a writ petition filed by Bela, the High Court at different times since 2006
directed the government to frame rules to free the shipbreaking industry from
pollution and ensure safety of workers.
On
December 15 last year, this court for the last time asked the government to
frame shipbreaking rules in three months in light of 6 existing laws. The laws
restrict import of toxic ships until the rules framed.
The
laws are:
·
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.
Following
a petition filed by Bangladesh Ship Breakers' Association, another HC bench
headed by Justice AHM Shamsuddin Chowdhury Manik on March 7 this year permitted
import of toxic ships for 2 months and directed the government to formulate the
rules by that time.
On
May 7, the court extended its March 7 order for another two months. The order
was also extended on July 21 till October 12.
On
October 27, during hearing of a writ petition filed by Bela, the HC said it
would not extend the timeframe any further. It also issued some directives on
the government to ensure safety of shipbreaking workers.
Source:
The Daily Star. 15 December 2011
http://www.thedailystar.net/newDesign/news-details.php?nid=214226
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