Cameron dow challenges posed by the entry into force requirements of the hong kong convention

CHALLENGES POSED BY THE ENTRY INTO FORCE REQUIREMENTS OF THE HONG KONG CONVENTION :

DESPERATELY SEEKING A WHITE RABBIT TO LEAD US INTO WONDERLAND

HKC Ar'cle 17 1 This Conven'on shall enter into force 24 months a:er the date on which the following condi'ons are met: .1 not less than 15 States have either signed it without reserva'on as to ra'fica'on, acceptance or approval, or have deposited the requisite instrument of ra'fica'on, acceptance, approval or accession in accordance with Ar'cle 16; .2 the combined merchant fleets of the States men'oned in paragraph 1.1 cons'tute not less than 40 per cent of the gross tonnage of the world’s merchant shipping; and .3 the combined maximum annual ship recycling volume of the States men'oned in paragraph 1.1 during the preceding 10 years cons'tutes not less than 3 per cent of the gross tonnage of the combined merchant shipping of the same States

HKC Ar'cle 17 1.3 the combined maximum annual ship recycling volume of the States men'oned in paragraph 1.1 during the preceding 10 years cons'tutes not less than 3 per cent of the gross tonnage of the combined merchant shipping of the same States

The States in paragraph 1.1 must represent 40 percent of the world fleet Total world fleet 2011: 1,043,081,509 GT

40 percent = 417,232,604 GT Their combined maximum annual ship recycling volume must represent not less than 3 percent of that 40 percent 3 percent of 417,232,604 GT = 12,516,978 GT

Top 5 States In 2011, the world’s top 5 recycling states recycled a combined total of 24,391,525 GT • India

8,504,517 GT

• China

5,968,520 GT • Bangladesh 5,837,137 GT • Pakistan

3,013,926 GT

• Turkey

1,067,425 GT The combined total of the rest of the world’s recycling volume was 624,848 GT

Only Op'ons To reach the required amount of 12,516,978 GT

• India and China must both ra'fy: 8,504,517 GT and 5,968,520 GT Total: 14,473,037 GT

• India and Bangladesh must both ra'fy: 8,504,517 GT and 5,837,137 GT Total: 14,341,654 GT

• China, Bangladesh and Pakistan must ra'fy: 5,968,520 GT and 5,837,137 GT and 3,013,926 GT Total: 14,819,583 GT

Ra'fica'on Defined as: The final legal confirma'on by a government of a treaty, and “an expression of consent whereby the state assumes the rights and du'es imposed by the instrument ra'fied”

Lan's, 2008

What Will It Take?

India

Hong Kong Conven'on

The Basics u Approximately 60,000 workers u Highly mobile i'nerant work force u Almost half work force func'onally illiterate u Minimal technology & administra've systems in yard offices u Approximately 174 ship yards u 10km stretch of beach u 2 mile 'dal area

Repor'ng The SRF is required to have in place records policies and procedures to retain records including: laboratory results; manifests; shipping documents; truck receipts; waste shipment records; records of training and exercises; worker accidents, injuries, occupa'onal health diseases

It is recommended such records are kept for five years

Repor'ng ’The most marginal yards could afford only flimsy shacks or open-­‐sided shelters. The more successful yards had invested in more solid structures, some of concrete, with raised verandahs and overhead fans.’

Langewiesche, 2012

Some leases are valid for only six months Some plots are only 30m across Some office are only 'n shacks

(c) Spiegel Online 14/2/13

Emergency Personnel: Reg 21 ▪ The SRF must have an emergency preparedness and response plan with the necessary equipment, and regular drills for the workers ▪ Communica'on and co-­‐ordina'on with internal and external agencies must be set up, with provision for first aid and medical assistance, fire figh'ng, evacua'on and pollu'on preven'on

Emergency Personnel: Reg 21 Currently Alang has: ▪ a basic fire-­‐figh'ng unit provided by the GMB ▪ one ambulance with sta'on, parking, and accommoda'on for staff due ▪ Two health facili'es: ▪ a nine-­‐bed hospital run by the Red Cross Society ▪ a small clinic run by a private doctor

Halliday

Living Condi'ons u Most workers live in shacks made from plas'c or plywood u Many they have built themselves and house 10 to 15 people u Others are rented and some are large enough to hold up to 120 people

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Living Condi'ons Most of this accommoda'on has no running water or sanita'on or electricity but the GMB has: • installed 5 toilet / sanita'on blocks (2011) • ins'tuted running water to provide approximately 5,000l daily to each ship yard (2012) However, this supply is for the work of the yard as well as the workers and does not cater to the accommoda'ons outside the yard

In planning stage ...

The GMB is planning a complex which is expected to provide accommoda'on for 4,464 labourers ▪ a compound wall ▪ roads ▪ a water tank and supply system ▪ electricity ▪ shopping centres ▪ landscaping and garden areas

Equipment: Reg 22.1.1 & 22.2 p Workers must have availability, maintenance and use of personal protec've equipment and clothing; p personal protec've equipment to be provided must include: head; face and eye; hand and foot; respiratory; hearing; protectors against radioac've contamina'on; protec'on from falls; appropriate clothing

"All personnel protec've equipment has to be provided as per Supreme Court guidelines. But not a single worker has been given a mask to shield himself against the toxic fumes which come out in the gas culng process"

Chitravanshi 2011

Equipment Bangladesh: • worker registra'on and oumilng with personal protec've equipment (goggles, overalls, hard hat, gloves, boots) • on-­‐site pollu'on and safety control equipment; and the prepara'on of various plans (EMS management, ship recycling ac'on plans)

Es;mate: 1 to 2 years, at a projected cost of $3.5 million for approximately 22,000 workers

From Here to There ...

Workers in Alang India (Ghosh, 2012)

Workers in protec;ve clothing in Turkey (Scorpecci, 2011)

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Training Programs Workers must have had appropriate training and familiarisa'on prior to commencing work • Training programmes must: • cover all workers, including contractor personnel and employees • be conducted by competent persons • provide for ini'al and refresher training at appropriate intervals • include evalua'on by par'cipants of their comprehension and reten'on • be periodically reviewed • be documented

Training ▪ A Safety Training Ins'tute has been built by the GMB Port Authority at Alang, repor'ng training of between 600 and 2,400 workers per month ▪ Workers come from different rural areas and speak different languages (Hindi 42%, Bhojpuri 21%, Oriya 31%, with five other languages making up the remaining 6%) ▪ They work an average of 10 hours per day, six days per week

India's Strengths ü Extended flat shore line

ü Large labour force

ü Low cost labour force

India's Issues Work force is: • largely func'onally illiterate • primarily i'nerant Work environment is: • unsuitable for dry dock, slipway or alongside • low tech friendly • unsuitable for complex administra've / repor'ng requirements

Any Solu'on ...

• Must reinforce India's strengths -­‐ not deny or reject them • Recognise and allow for the highly mobile work force • Emphasise low tech solu'ons allowing for limited training opportuni'es and environment • Focus on achieving short-­‐term implementa'on