27 April 2009

Statement of Concern on the New I.M.O. Convention on Shipbreaking:

27 April 2009

We the undersigned organisations working in the fields of human rights, environment, labour and health, wish to register our profound concern over the draft IMO Convention on the Safe Recycling of Ships. Despite prolonged and repeated effort by civil society NGOs to create legal restraints against exploitation of human beings and the environment by the global shipping industry at the end of the life of a ship, the draft IMO Convention text prepared to be adopted in the week of May 11-15, 2009 in Hong Kong will do little to effect real change from the current tragic situation in the shipbreaking yards in India, Bangladesh and Pakistan.

Sadly, the draft IMO Convention, currently does not represent an “equivalent level of control” to the Basel Convention as was called for by the Parties to that United Nations Environment Programme Convention, and as such will do little to prevent hazardous wastes such as asbestos, PCBs, old fuels, from being exported to the poorest communities and most desperate workers in developing countries.

Likewise, the draft IMO Convention, currently fails to condemn the fatally flawed method of scrapping ships known as “beaching”, where ships are cut open in the sea and tidal flats of the beaches of south Asian countries in a method that is fatally flawed as it makes it impossible to:

• Contain oils and toxic contaminants from entering the marine environment
• Bring lifting cranes along side ships to lift heavy cut pieces or to rescue workers.
• Bring emergency equipment (ambulances, fire trucks) to the workers or the ships
• Protect the fragile intertidal coastal zone from the hazardous wastes on ships.

Furthermore, the draft IMO Convention, currently represents a “turning back of the clock” on principles already long established in international law and policy. The principles ignored by the draft IMO Convention include:

• The Polluter Pays/Producer Responsibility Principle
• The Environmental Justice/Transfer no Harm Principles
• The Waste Prevention/Substitution Principles
• Principle of Environmentally Sound Management

For the reasons outlined above, unless dramatically reformed at the Hong Kong conference, the draft IMO Convention will not be the treaty the world asked for to address the global shipbreaking crisis. It will not effectively prevent the developing world from receiving a disproportionate burden of the world’s ship-borne toxic wastes, nor will it command green design of future ships. Rather the current draft IMO Convention appears tailored to allow shipowners to continue to externalize the real costs and liabilities of ships at end-of-life, while giving the appearance of taking action.

We the undersigned organizations therefore call on the IMO Party governments to take the necessary and urgent actions at the Hong Kong Conference May 11-15, to correct the grave deficiencies found in the existing text. We wholeheartedly support true advancement in international law for sustainable development, but we cannot accept the current text which represents an unfortunate step backwards with respect to international governance, and the protection of human rights and the environment.


Ingvild Jenssen
Executive Director
NGO Platform on Shipbreaking
Belgium

………………………..

Source: Basel Action Network. 27 April 2009
http://www.ban.org/Library/statement_of_concern_imo.pdf

30 March 2009

Bangladesh: Shipbreaking Victory

PHOTO: ©Brendan Corr, www.brendancorrphotography.co.uk
“We all know how ships are born, how majestic vessels are nudged into the ocean with a bottle of champagne. But few of us know how they die. And hundreds of ships meet their death every year. From five-star ocean liners, to grubby freighters, literally dumped with all their steel, their asbestos, their toxins on the beaches of some of the poorest countries in the world, countries like Bangladesh. You can’t really believe how bad it is here, until you see it. It could be as close as you’ll get to hell on earth, with the smoke, the fumes, and the heat. The men who labor here are the wretched of the earth, doing dirty, dangerous work, for little more than $1 a day.”
Bob Simon, CBS News, on 60 Minutes, November 2006

Ever since 2000, Rizwana Hasan, an ELAW partner and the Executive Director of the Bangladesh Environmental Lawyers Association (BELA), has been taking on the shipbreaking companies. She has been trying to improve the working conditions for shipbreaking laborers and prevent environmental damage caused by the work. She called on ELAW Staff Scientist Mark Chernaik to help fight the abuses.

Then, at the 2003 ELAW Annual Meeting, Rizwana spoke with ELAW colleagues from around the world about the horrific problem with shipbreaking yards in her country. She asked for their assistance in challenging the ship owners – who, despite her efforts, had been abusing workers and the environment for years.

She sat around a table with Mark, and was joined by ELAW partners from her region – and worked on her petition to end this scourge. She then went back to Bangladesh and filed the lawsuit.

And waited.  But she didn’t wait idly.  She organized a seminar on “Workers Security in Shipbreaking Yards in Bangladesh: Legal Norms and Reality” in Chittagong, near the shipbreaking yards at Bhatiary and Sitakunda. She filed petitions seeking to deny entry into Bangladesh of two toxic-laden ships, the Alfaship, a Greek-owned oil tanker, and the SS Norway, a French-owned ocean liner, and succeeded in preventing them from entering and further polluting the bay.

But the usual delay in the legal system slowed down the ultimate verdict.  As she waited, hundreds of workers died and thousands more were injured or became sick from the toxic conditions. She watched a once pristine beach become a waste-yard of toxic junk. And she worried that the environmental laws would never be enforced.

But she waits no more.

After more than 5 years of dogged litigation by BELA, the Bangladesh Supreme Court ordered:
  • Uncertified shipbreaking operations must close within two weeks;
  • Shipbreaking operations must obtain environmental certification before operating in Bangladesh;
  • Ships must be cleaned of all hazardous materials before entering the country; and
  • Shipbreaking operations must guarantee safe working conditions for workers and environmentally sound disposal plans for wastes.
This is a tremendous victory for environmental justice and the people and beaches of Bangladesh. This courtroom victory will echo around the world and help end the unjust practice of sending toxic ships to distant beaches where people without adequate protection break them down.

We congratulate Rizwana for this stunning victory!

Source: Environmental Law Alliance Worldwide (ELAW). Spring 2009

Bangladesh: Shipbreaking Victory

PHOTO: ©Brendan Corr, www.brendancorrphotography.co.uk
“We all know how ships are born, how majestic vessels are nudged into the ocean with a bottle of champagne. But few of us know how they die. And hundreds of ships meet their death every year. From five-star ocean liners, to grubby freighters, literally dumped with all their steel, their asbestos, their toxins on the beaches of some of the poorest countries in the world, countries like Bangladesh. You can’t really believe how bad it is here, until you see it. It could be as close as you’ll get to hell on earth, with the smoke, the fumes, and the heat. The men who labor here are the wretched of the earth, doing dirty, dangerous work, for little more than $1 a day.”
Bob Simon, CBS News, on 60 Minutes, November 2006

Ever since 2000, Rizwana Hasan, an ELAW partner and the Executive Director of the Bangladesh Environmental Lawyers Association (BELA), has been taking on the shipbreaking companies. She has been trying to improve the working conditions for shipbreaking laborers and prevent environmental damage caused by the work. She called on ELAW Staff Scientist Mark Chernaik to help fight the abuses.

Then, at the 2003 ELAW Annual Meeting, Rizwana spoke with ELAW colleagues from around the world about the horrific problem with shipbreaking yards in her country. She asked for their assistance in challenging the ship owners – who, despite her efforts, had been abusing workers and the environment for years.

She sat around a table with Mark, and was joined by ELAW partners from her region – and worked on her petition to end this scourge. She then went back to Bangladesh and filed the lawsuit.

And waited.  But she didn’t wait idly.  She organized a seminar on “Workers Security in Shipbreaking Yards in Bangladesh: Legal Norms and Reality” in Chittagong, near the shipbreaking yards at Bhatiary and Sitakunda. She filed petitions seeking to deny entry into Bangladesh of two toxic-laden ships, the Alfaship, a Greek-owned oil tanker, and the SS Norway, a French-owned ocean liner, and succeeded in preventing them from entering and further polluting the bay.

But the usual delay in the legal system slowed down the ultimate verdict.  As she waited, hundreds of workers died and thousands more were injured or became sick from the toxic conditions. She watched a once pristine beach become a waste-yard of toxic junk. And she worried that the environmental laws would never be enforced.

But she waits no more.

After more than 5 years of dogged litigation by BELA, the Bangladesh Supreme Court ordered:
  • Uncertified shipbreaking operations must close within two weeks;
  • Shipbreaking operations must obtain environmental certification before operating in Bangladesh;
  • Ships must be cleaned of all hazardous materials before entering the country; and
  • Shipbreaking operations must guarantee safe working conditions for workers and environmentally sound disposal plans for wastes.
This is a tremendous victory for environmental justice and the people and beaches of Bangladesh. This courtroom victory will echo around the world and help end the unjust practice of sending toxic ships to distant beaches where people without adequate protection break them down.

We congratulate Rizwana for this stunning victory!

Source: Environmental Law Alliance Worldwide (ELAW). Spring 2009

20 March 2009

NO Scrapping : Sri Lanka prohibits shipbreaking

March 20, 2009 (LBO) - Sri Lanka has ruled out shipbreaking as an industry under its efforts to promote the island as a maritime hub, going against the trend in the region, according to a new national port and shipping policy.

The policy, the draft of which was released this week, cited environmental concerns and lack of tidal differences for the decision.

Previous shipping policies have mentioned shipbreaking as one of the maritime sector industries that could be promoted to take advantage of the island's geographical position close to international shipping routes.

However, no ship breaking activity emerged on the island, in sharp contrast to Sri Lanka's neighbours, especially India and Bangladesh, which have become the dumping ground for that part of the world's shipping fleet that needs to be scrapped.

Shipbreaking in India and Bangladesh has generated much controversy because of environmental pollution problems as well as worker safety concerns.

The shipbreaking yards have become notorious for poor safety standards which regularly result in the deaths of workers or serious injury.

Shipping industry officials said workers safety was one of the concerns taken into consideration in the decision to ban shipbreaking.

The new draft policy said that ship demolition work has much potential as large numbers of vessels are being sold for scrap and because developed nations are reluctant to allow shipbreaking on their coasts.

Developed countries have had to face pressure from the public as well as environmental groups to discourage shipbreaking, considered dirty and dangerous work.

The draft policy stressed that the Sri Lankan government will not encourage shipbreaking.

"Shipbreaking is known to create environmental pollution, including oil pollution," the draft policy said.

"The lack of significant tidal differences on the coasts of Sri Lanka does not facilitate ease of handling of shipbreaking activities."

The policy also said the island's coast have to be protected for the development of the tourism industry.

Source: Lankan Business Online. 20 Mar, 2009

11 February 2009

The Shipbreakers of Bangladesh:

Now and then 60 Minutes take viewers to places they've never been to before. They are exotic places, the stuff of dreams. This is a story about one of those places. But as Bob Simon reports, the shipbreaking beaches of Bangladesh belong more in a nightmare.

We all know how ships are born, how majestic vessels are nudged into the ocean with a bottle of champagne. But few of us know how they die. And hundreds of ships meet their death every year. From five-star ocean liners, to grubby freighters, literally dumped with all their steel, their asbestos, their toxins on the beaches of some the poorest countries in the world, countries like Bangladesh.

You can't really believe how bad it is here, until you see it. It could be as close as you'll get to hell on earth, with the smoke, the fumes, and the heat. The men who labor here are the wretched of the earth, doing dirty, dangerous work, for little more than $1 a day.

It's not much of a final resting place, this desolate beach near the city of Chittagong on the Bay of Bengal. Ships are lined up here as at any port, but they'll never leave. Instead, they will be dissected, bolt by bolt, rivet by rivet, every piece of metal destined for the furnaces to be melted down and fashioned into steel rods. The ships don't die easily - they are built to float, not to be ripped apart, spilling toxins, oil and sludge into the surrounding seas.

The men who work here are dwarfed by the ships they are destroying. And they dissect the ships by hand. The most sophisticated technology on the beach is a blowtorch. The men carry metal plates, each weighing more than a ton from the shoreline to waiting trucks, walking in step like pallbearers, or like members of a chain gang. They paint images of where they would like to be on the trucks - pictures of paradise far from this wasteland.

And when night falls, the work continues and the beach becomes an inferno of smoke and flames and filth.

This industry, which employs thousands and supplies Bangladesh with almost all its steel, began with an accident - a cyclone to be precise. In 1965, a violent storm left a giant cargo ship beached on what was then a pristine coastline. It didn't take long before people began ripping the ship apart. They took everything and businessmen took note - perhaps they didn't need a storm to bring ships onto this beach here.

Mohammed Mohsin's family has become extremely wealthy bringing ships onto these beaches. He pays millions of dollars for each ship and makes his profit from the steel he sells. The name of his company is PHP, which stands for Peace, Happiness and Prosperity.

His latest acquisition is a ship weighing in at 4,000 tons but Mohsin tells Simon that's small by comparison to other vessels that have been gutted on the beaches. They have handled ships as large as 68,000 tons.

This the first time Mohsin has seen the 4,000 ton ship close up. In fact buying a ship is not at all like buying a car. He didn't even need to see a picture before he bought it for $14 million. All he needed to know was its weight and how much the owners were charging for each ton of steel.

One of the single most valuable parts of the ship is the propeller. The "small" ships propeller is worth around $35,000 alone, Mohsin estimates.

It may be a small ship to Mohsin, but getting onto it from the beach is still a bit delicate.

Mohsin's ships don't have seafaring captains anymore - he is the captain now of dying ships and the captain of one of the largest of 30 shipyards on this 10-mile stretch of beach. Some 100 ships are ripped apart on the beach each year, most of them from the west.

"It is the west's garbage dump," says Roland Buerk, who lives in Bangladesh. He spent a year in these yards, writing a book about the industry. 60 Minutes hired him to guide Simon through the tangled world of shipbreaking.

To do the same work in America or England would be very expensive.

"It would be because in Europe and America when they do this, they do it in dry docks," Buerk explains. "So in actual fact, the owners of these ships are selling them to the yard owners here to break up. If they had to do it in America, they'd have to pay for that process to be carried out. So you see it makes real economic sense to do it here."

"So old, out-dated ships that were previously a liability, are now an asset," Simon remarks.

"Exactly," Buerk agrees. "And that's why they end up on these shores."

They are the shores of the most densely populated nation and one of the poorest nations in the world. Bangladesh desperately needs steel for construction but has no iron ore mines. The shipbreaking yards are its mines, providing 80 percent of the nation's steel.

But steel is only part of the deal; there are so many things on a ship which are sold off. It is in fact a gigantic recycling operation.

You can find everything, including kitchen sinks, at a sprawling roadside market which goes on for miles. When you're driving down this road, it's not a problem if you need a toilet or a life boat or a light bulb. It is estimated that 97 percent of the ship's contents are recycled. The other three percent, the stuff nobody would buy, including the hazardous waste, asbestos, arsenic and mercury, are left behind to foul the beaches.

"And what we're looking at, which is a recycling operation, is also an environmental disaster," Simon says.

"That's true. And I think this is really capitalism as red in tooth and claw as it gets. At the moment this is what makes financial sense for everybody. And this is, despite the fact that we might not like it, and it doesn't look pretty, this is how it's done," Buerk says.

The workers toil in tough conditions. They have no unions, no safety equipment, and no training. About 50 are said to die in accidents each year; often in explosions set off by blowtorches deep inside the fume-filled holds.

You see casualties in the yards, men who were injured here but have no money to go anywhere else. The workers are housed in barracks with no beds, just steel plates scavenged from the ships they break.

Many of the workers are not old enough to grow a beard. Some are, quite simply, children. 60 Minutes spoke to several who said they were 14 and had been working here for two years.

So what does the man from Peace Happiness and Prosperity say about that?

Asked if there are any children working in his yard, Mohsin says, "Not my yard."

"Well, we talked to several children," Simon tells Mohsin. "We found a couple who were 14 and said they'd been working there for a couple of years."

"They are - if they are working - if they don't work, what they'll do, then? Our government cannot afford it. Their food, shelter and clothing has to be provided by someone whether their parents or the government. None of them can afford it. So what they gonna do?" Mohsin argues.

"So, you say that child labor is inevitable, necessary in Bangladesh?" Simon asks.

"If they don't work in shipbreaking yard, they'll work somewhere else. They have to," Mohsin replies.

But child labor is only one of the issues. Environmentalists have been doing battle with the industry for years. They say the west has no business dumping its toxic waste on impoverished lands in the east. They condemn the appalling work conditions, the low pay, and the lack of accountability for workers who are killed or injured. Their most important proposal: that ships be cleaned of their toxic materials in the west, before they sail to Bangladesh.

That's in line with an international ban which prohibits the shipment of hazardous waste from rich countries to poorer countries.

Rezwana Hasan of the Bangladeshi Environmental Lawyers Association is in the forefront of the battle against the industry. She says the shipbreaking yards in Bangladesh don't respect even the most minimal environmental standards.

"And an industry that can't comply with these minimum standards must not operate," she argues. "I mean if you can't comply with the - if you can't pay your worker the minimum wage, you can't operate. You can't - if you can't ensure the minimum environmental safeguard you shouldn't operate."

But the owners of the yards argue that environmentalism is a luxury, reserved for the rich nations.

"It becomes quite expensive, which we can't afford," Mohsin claims.

"If all the rules and regulations, all the international conventions regarding ship breaking were observed here, would the industry be able to survive?" Simon asks Mohsin,

"No," he replies. "It would be stopped from tomorrow. It'll stop. Has to be stopped."

And that, he says, would put 30,000 men out of work and deprive Bangladesh of its source of steel.

But for now the shipbreaking industry in Bangladesh is sailing full steam ahead. Literally. 60 Minutes boarded a Russian fishing trawler, the Bata, in the final hours of its last voyage.

It was eerie walking through the corridors. The lights were on but nobody was home. It was a dead ship sailing.

In a sailor's cabin, the sheets were on the bed, a radio and a flashlight were on the table. In the kitchen, there were pots filled with borscht and potatoes that were barely cold.

In the dining room there were still Russian books on a table. They too will end up in the market on that dusty road to Chittagong. There was just a skeleton crew on this skeleton ship.

Up on the bridge, Captain Edwaard Petenko already seemed dressed up for his coming vacation. He had brought the ship all the way from Vladivostok and didn't enjoy the trip.

Asked what it feels like taking the ship to the beach, Petenko tells Simon, "No like."

"No like. Sometimes even cry. Because…" Capt. Petenko says.

He wasn't even in charge any more. The baton had passed to the beaching captain, Enam Chowdrey. He had done this 700 times. They call him the executioner.

Beaching a ship is a very delicate operation. It's not simply aiming for the beach - Chowdrey has to calculate the movement of the tides, the swell, the wind, by the minute. In this instance, he has got to wedge the ship between two other vessels already parked there.

The workers on ships nearby are cheering. The Bata's arrival means more work, more wages for them. Their backs and their lungs will suffer, but do they have a choice?

The Bata steamed its way into its final resting place. The bow got stuck in the sand. A perfect end to the last voyage. In just a few months, it will disappear.

And Captain Petenko? He'll head home to Vladivostock. But he'll be back in Bangladesh soon. His company has three more trawlers heading to these shipyards.

*U.S. Naval and Merchant Marine ships no longer wind up in these yards, not since 1998, when President Clinton passed a moratorium on exporting U.S. ships. Instead, they clog up American waterways. U.S. shipbreakers can't keep pace and the Bangladeshis would be only to happy to have their business.

Watch CBS news VIDEO on The Shipbreakers of Bangladesh:

Source: Columbia Broadcasting System. By Daniel Schorn. 11 February 2009