09 December 2010

Toxic ships in Bangladesh waters - Tough action must be taken against those flouting the law

The entry of sixteen toxic ships into Bangladesh waters, despite clear High Court orders prohibiting such entry, is a matter which arouses the concern of every citizen. As a report in Friday's issue of this newspaper makes clear, the shipping and environment departments have obviously seen little reason not to let these ships in. It is here that one wonders: are these departments at all aware of the legal moves taken in the recent past to keep such toxic vessels away from Bangladesh or have they simply decided on their own that High Court directives matter little and can easily be flouted? The sixteen ships in question have been given no objection certificates (NOCs) by the shipping authorities and are therefore now busy with the task of scrapping. Perhaps the issue would not have come to light had the Bangladesh Environmental Lawyers Association (BELA) not kept track of circumstances. The organization has served a legal notice on those responsible for issuing the NOCs despite the clear, unambiguous High Court orders relating to the issue.
We are of the opinion that the matter warrants the serious attention of the government, to the extent that it swiftly and effectively takes to task those guilty of making light of decisions aimed at ensuring the safety of Bangladesh's people from unwarranted and dangerous intrusions. BELA has meanwhile made it known that of late the officials on whom it has served the legal notice have in cavalier manner gone against judicial moves regarding the entry of toxic ships into Bangladesh and have been charged with contempt of court. Now, if circumstances are such that the authorities feel little or no compunction in engaging in activities that are a clear threat to the health of people and if we need consistently to go back to the courts to ensure that everyone falls in line with regulations, it only shows how poorly we are all served by those whose job is to make sure that we are safe in every sense of the meaning. Note that in March last year, the High Court served a directive on the government to the effect that it must not allow any scrap ships in without first making sure that these ships are de-toxified outside Bangladesh territory. Two months later, the HC further made it known that no ship should be imported or brought in for scrapping purposes without first ensuring that the toxicity is not there and that pre-cleaning certificates have been obtained vis-a-vis the ships from the place of origin of the ships.
Given that this is the judicial position that should complement government action guaranteeing a compliance with the rules, one cannot but infer that the sixteen ships in question have been let in without the necessary guarantee that they have been freed of their toxic elements. We urge that the authorities institute a proper and quick inquiry into the issue and have the results revealed to the public. Meanwhile, it is necessary to make it known to the shipping and environmental agencies or departments of the government that they or their staff and officials cannot get away with any more flouting of the rules relating to ships coming into Bangladesh. And that can be done through a tough handling of those who have so far been committing the offence of looking the other way as these toxic vessels have sailed in.

Source: Editorial, Sunday, December 5, 2010
http://www.thedailystar.net/newDesign/news-details.php?nid=164735

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