Hasan the bela cases on ship breaking

The BELA Cases on Ship Breaking

Syeda Rizwana Hasan Advocate, Supreme Court Chief Executive, BELA

Ship Breaking To be protective of environmental and health rights

Child Labour : Breaking is manual

Safe Asbestos!

FACT SHEET • • • •

Total Number of Yards: 36; 68; 133 Total Area: 11 kilometers, 28 kilometers Number of ships broken: 140 on average Number of labourers: around 18,000 (child labourer) (33 % from CHT and Cox’s bazar, 23% Mymensing, 30% north west) • Total contribution to iron demand: 25% • Net profit from one ship: GBP 573, 987, 16%

Ship Breaking Hazardous material Unit Bangladesh Asbestos t 79,000 PCBs (mainly cables) t 240,000 ODS (mainly polyurethane foam) t 210,000 Paints (metals, tributyltin (TBT) and PCBs) t 69,200 Heavy metals t 678 Waste liquid organic m3 1,978,000 Miscellaneous (mainly sewage) m3 107,000 Waste liquids inorganic (acids) t 775 Reusable liquids organics t 675,000

The World Bank, 2010, Ship Breaking and Recycling Industry in Bangladesh and Pakistan

Laws Violated • • • • • • • • • • • •

Basel Convention, 1983 Hong Kong Convention, 2009 Environment Conservation Act, 1995 Environment Conservation Rules, 1997 Labour Act, 2006 Petroleum Act, 1934 Petroleum Rules, 1937 Customs Act, 1969 Chittagong Port Authority Ordinance, 1977 Coast Guard Ordinance,1994 Marine Fisheries Ordinance, 1983 Shipping laws

Key Public Agencies • 5 ministries (Industry, Commerce, Environment and Forest, Labour, Shipping) • 7 Depts.- Factories and Establishments, Labour, MM, DoE, Chittagong Port, Customs, Explosive, Navy

Cases •

Writ Petition No. 2911 of 2003 Demanded Environmental Clearance for Ship Dismantling Eventually resulted in proposal for changing SB from category ‘orange’ to ‘red’

•

Writ Petition No. 3916 of 2006 (Alfa ship-SS Norway) Observation that the government should immediately frame rules

•

Writ Petition No. 23 of 2008 Demanded complete statement on accidents, causes, preventive modes taken, compensation paid and basis of computation

•

Writ Petition No. 7260 of 2008 Challenged the NoC given by the Department of Shipping regarding the entry of the vessel M.T. Enterprise (listed as one of the 50 dangerous ships by the Green Peace) into the territorial waters of Bangladesh for breaking purposes

•

Writ Petition No. 1207 of 2009 Demanded protection of coastal belt and sea shore from illegal leasing for setting up of ship breaking yards

Cases (contd…)

• W.P. 7260/2008 (Continuing Mandamus) & W.P. 1207/2009 - Must move to dry docks - No operation on the beaches - All ships to be pre-cleaned outside the territory of Bangladesh - Rules to be framed to prevent dumping and protect the labourers - Independent monitoring

Two Rules framed by two ministries (AD order) Pre-cleaning certificates: Ships from: mostly EU countries like Germany, Denmark, Bulgaria, Poland, Belgium, Greece, Italy, UK Certificate Issuing Countries: British Virgin Islands, Panama, Singapore, West Indies, Hong Kong, St. Vincent & the Grenadines Fake Certificates: * Different consulting authority with same signature * One authority using different letterhead * Different authority using same address

Different authority with same signature

One authority using different letterheads

Different authority with same address (Wickhams Cay 1, Road Town, Tortola, British Virginia Islands)

Import of toxic ships increased!

80 70 60 50

1 2

40 67

30 51 20 10 0

34

31

3 4

After the pronouncement of judgment in the writ petition No. 7260/2008 on 5 & 17 March 2009, so far more than 75 workers died and 50 workers got severely injured in the ship breaking yards in Chittagong

Challenges

Challenges Contd‌ Good genie vs evil genie

Challenges (Contd‌)