WHAT
IS THE ISSUE?
Dirty
and dangerous shipbreaking practices in Bangladesh have been strongly
criticised both by international and local NGOs for many years. Severe
pollution to the marine environment, hazardous waste dumping, appalling working
conditions causing many severe and fatal accidents, as well as the illegal
exploitation of child workers are amongst the main concerns. Shipbreaking first
grew into an industry in Bangladesh in the 1980s; however, it was not
officially recognised – and thus not regulated – until 2011. In 2009, a land-mark
decision by the Supreme Court ordered the closure of the shipbreaking industry
in Chittagong as none of yards held the necessary environmental clearance to
operate. The yards re-opened based on false certifications and this is
currently still being contested in the Courts.
Despite
laws existing in Bangladesh to protect both workers and the environment, these
are poorly implemented due to lack of resources, such as a lack of labour
inspectors, or are deliberately ignored as a result of industry pressure.
End-of-life
vessels are imported with fake certificates claiming that they are free of
hazardous materials, which consequently are not properly detected or safely
removed and disposed of. The World Bank has estimated that between 2010 and
2030 Bangladesh will have imported 79.000 tons of asbestos; 240.000 tons of
PCBs and 69.200 tons of toxic paints that originate from end-of-life ships. The
Chittagong area remains void of storage and treatment facilities for hazardous
wastes and hazardous materials are, as a result, simply dumped or re-sold.
Workers
live in unsanitary and improper accommodation. They work long hours without
holidays and usually do not have work contracts. Trade unions are prevented
from effectively organizing the workers. In 2017, the Platform documented the
stories of at least 15 workers who were killed and at least 22 who suffered
severe injuries. The main causes of death are suffocation, fires, falls from
great height or workers crushed by falling parts of the ship. The closest specialised
hospital is too far for emergencies and the injured workers in many cases do
not automatically receive financial support for necessary medical treatment.
The hospital building set up by the Bangladesh Shipbreakers Association is
operated as a private clinic and can only treat minor injuries.
WHAT
HAVE WE DONE?
COPENSATION
CLAIM RESOLVED
The
Platform worked with the UK law firm Leigh Day to help a Bangladeshi
shipbreaking worker claim compensation from London-based Zodiac Maritime for
having suffered severe injuries while cutting one of Zodiac’s ships. The case,
which was covered in The Guardian, created quite a stir in the shipping
industry as it was the first time that a South Asian worker sought to hold a
ship owner accountable. In December, the case was resolved through a settlement
to the satisfaction of the worker.
This
case has allowed a shipbreaking worker to access justice in an unprecedented
way, and indicates the opportunities that may exist for other claims to be
brought against shipping companies in the future.
SUPPORT
FOR SHIPBREAKING WORKERS
The
Platform’s member organisations in Bangladesh provide support to shipbreaking
workers, including legal aid and support for families of dead workers or for
compensation claims, basic health services and trainings, as well as informal
information sessions. Present with field staff in the shipbreaking area, our
members are able to monitor the situation and helped workers to organize
protests to demand safer working conditions.
NORTH
SEA PRODUCER CASE
Bangladesh
Environmental Lawyers Association (BELA), the Platform member organisation that
has been fighting in the courts against the shipbreaking industry’s violation
of national law since 2003, submitted a new petition on the illegal import of
the Maersk-Odebrecht owned FPSO North Sea Producer. Following an alert issued
by the Platform, the UK Environment Agency appointed an investigator to look
into the illegal export of the ship from the UK to Bangladesh. The Platform has
been providing the UK authorities and the Bangladesh High Court with
information on the illegal sale of the ship, involving also the cash buyer GMS,
the largest trafficker in end-of-life ships to the South Asian beaches. Whilst
Maersk claimed that they had sold the FPSO for further operational use, they
were finally forced to admit that they sold the ship to a shell-company set up
by GMS. At this point, there should be sufficient evidence to demonstrate that
the export from the UK was illegal, and so authorities should proceed with pressing
criminal charges for breach of the EU Waste Shipment Regulation.
While
investigations have been taking place in the UK, the breaking of the North Sea
Producer was halted in Bangladesh with the judicial intervention of BELA.
Inspections on the content of hazardous materials were carried out and resulted
in a report by the Bangladesh Atomic Agency; according to the report, further
surveys were needed due to the presence of radioactive material on the FPSO.
BELA subsequently succeeded in getting an injunction on the breaking of the
North Sea Producer and is now waiting for the judgement of the High Court,
which is expected before the summer 2018. The case will be followed up on both
sides by the Platform.
Source: Hellenic
shipping news. 25 August 2018
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