No bar to strict regulation on shipbreaking
In an ironic twist to the saga of whether or not ships carrying toxic
material would be allowed entry into the country, Bangladesh Ship Breakers
Association (BSBA) has withdrawn its appeal against a High Court (HC) verdict
given in 2009. This removes the last hurdle to the government's plans to
formulate legislation on shipbreaking.
When Bangladesh Environment Lawyers' Association (BELA) filed the writ
back in 2009, it came up against stiff resistance from BSBA which effectively
put on ice plans to frame rules on regulating an unregulated shipbreaking
industry. As there was no law in place that made it mandatory for the industry
to obtain environmental clearance from the responsible department, Bangladesh
had effectively become the dumping ground for some of the world's most toxic
and dangerous derelict ships. Furthermore, no government regulation meant that
workers' safety was also a non-issue resulting in unnecessary deaths and
injuries to workers.
In light of the BELA's writ, the HC had directed the government to frame
rules and regulations drawing on six international laws on the subject within
three months. The formulation of Ship Breaking and Ship Recycling Rules, 2011,
subsequently amended to meet HC directive in December 2012 lays the foundations
for protecting workers and the environment. The new rules allows for import of
ships for dismantling purposes only on the condition that they are
decontaminated as per HC verdict in 2009. This is good news indeed. However,
for the new law to act as deterrence in the interest of protecting the
environment and workers' protection, active enforcement by the department of
environment is mandatory. Without that, the new rules will be just another
piece of legislation that will gather dust on the shelf while an already
polluted environment continues to suffer degradation.
Source: The Daily Star. 15 November 2012
http://www.thedailystar.net/newDesign/news-details.php?nid=257491
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