Over the years, as the
countries are becoming more industrialised, they are facing huge amount of
waste with a corresponding increase of hazardous waste. At the same time,
environmental awareness has grown and legislation has been developed to control
the handling of wastes in general and hazardous waste in particular.
In August 14, 2016,
Shitakunda based ship breaking industry MS Janata Steel Corp. imported a ship
(North Sea Producer/MT Producer) for wrecking. According to a Brussels-based
international environmental agency (NGO Ship-breaking Platform), the ship is likely
to be carrying a plenty of toxic wastes and it also contains dangerous
quantities of radioactive materials. As per Bangladesh's Atomic Energy Center,
Test resulted from some areas of the ship showed radiation in excess of
allowable limits. The vessel is also likely to contain large amounts of
residues that are contaminated by naturally occurring radioactive material
(NORM) and sulphur in addition to various other hazardous materials in its
structure and tanks. Moreover, under the European Waste Shipment Regulation,
the tanker's export from the UK for demolition in Bangladesh was illegal, thus
NGO Ship breaking Platform calls on the UK Government to hold the Maersk owned
North Sea Production Company responsible for illegal trafficking in hazardous
waste.
The Basel Convention 1989
focuses on the regulation of transboundary movement of hazardous wastes to
protect marine environment. In addition, it protected developing countries from
importing such wastes that they are unable to manage in an environmentally
sound manner. As rightly claimed by DANWATCH, Bangladesh shipyards are not well
equipped with any infrastructure that could safely remove and dispose of such
toxic wastes. MT Producer allowed into Bangladesh based on fake certificates
stating that the tanker did not contain any hazardous materials. Moreover, as
per Section 20 of Environment Conservation Act 1995 and Rule 18 of the Ship
Breaking & Hazardous Management Rules 2011, each importer and exporter of
hazardous wastes is bound to comply with the provisions of the Basel Convention
1989. Even though, Basel does not contain a system for ship recycling but this
provision has been discussed in Hong Kong Convention 2009. Bangladesh is not a
party to this convention but still it is the third largest ship recycling
country. In 2011, Bangladesh adopted the Ship Breaking & Recycling Rules
2011, which discussed about ship recycling. Furthermore, Article 192 of UNCLOS
1982 confers a general obligation upon the member States to protect and
preserve the marine environment. In addition, Article 194 of UNCLOS 1982 states
about the measures to prevent, reduce and to control marine pollution. Thus,
being a signatory, importing MT Producer is a complete violation of the
Environment Conservation Act 1995, Basel Convention 1989 as well as UNCLOS 1982
to bring a toxic vessel for wrecking. Moreover, Article 195 of UNCLOS 1982
states that the States shall not transfer directly/indirectly any damage or
hazards from one area to another to prevent, reduce and control the marine
pollution. Thus, the act done by the Maersk owned North Sea Production Company
is unlawful.
The violation is not only
limited to the Environmental aspect. According to ILO requirements, the
employer should have overarching responsibility for occupational health and
safety. The Ship Breaking & Recycling Rules 2011 also contains provision
for the worker's safety equipments by the Ship breaking yards. In the
previously mentioned context, it is another violation of the Labor Law by
threatening the life of the employees. Finally, it is submitted that Bangladesh
should adopt a conclusive & comprehensive legal framework for the marine
environment to prevent, reduce and control of marine pollution and safety of
navigation as the country is entering into the era of blue economy.
Source:
the
daily star. 14 November 2017
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