Heidegger the role of the ngo shipbreaking platform for making ship recycling clean and safe

The role of the NGO Shipbreaking Pla6orm for making ship recycling clean and safe

Patrizia Heidegger NGO Shipbreaking Pla6orm

Interna?onal Conference on Ship Recycling, WMU, 8th April 2013

OUTLINE • • • • • •

campaign by Greenpeace, BAN, FIDH role of the Clémenceau case founda?on of the NGO Pla6orm structure and objec?ve campaigns achievements and challenges

First campaigns: Greenpeace and the Basel Ac?on Network

• Greenpeace and a partner coali.on of NGOs, including the Basel Ac.on Network (BAN), started documen.ng shipbreaking in Asia in 1997.

• fact-­‐finding in shipbreaking yards in India, China, and the Philippines • focus: hazardous wastes and poor working condi.ons

1998 Greenpeace inves?ga?on in Alang/India • workers removed carcinogenic asbestos with their bare hands • workers inhaled toxic fumes of lead paints • toxic materials dumped in the sea or on nearby agricultural land • laboratory analysis of seawater, sediment and soil showed high level of contamina.on and pollu.on • asbestos distributed around the country as waste and for reuse

1999 Greenpeace inves?ga?on in Jiangyin/China • irresponsible asbestos handling procedures, asbestos strewn around the yard • lack of proper breathing apparatus, exposure to toxic vapours • samples showed contamina.on with heavy metals poten.ally dangerous for nearby rice fields, residen.al areas and the Yangtze • 50.000 inhabitant within 1 km radius • no hazardous waste storage, smouldering fires

First campaigns: Greenpeace and the Basel Ac?on Network • reports, videos and interven.ons highlighted the problems surrounding hazardous wastes • depending on their size and func.on, scrapped ships contain between 10 and 100 tons of paint containing heavy metals, PCBs in sealants, several tons of asbestos, several thousand liters of oil (engine fuel, bilge oil, hydraulic and lubrica.on oils and greases) as well as residual oil in tankers.

Greenpeace and BAN campaign • 1998/1999: campaign focused on a couple of European shipowners (P&O Nedlloyd) • Joint Ac.on CommiUee against Hazards in Shipbreaking backed by the All India Trade Union Congress, the Centre of Indian Trade Unions (CITU), Hind Mazdoor Sabha, Greenpeace Interna.onal and BAN all asking to stop the import of toxic ships to India • shipbreakers asked for prior decontamina.on

Greenpeace and BAN campaign • ships des.ned for shipbreaking classed as “hazardous wastes” under Basel Conven.on • Basel Ban Amendment prohibits export of hazardous waste to non-­‐OECD countries • BC prohibits export to Par.es that have prohibited the import of hazardous wastes (India, China, Bangladesh and Philippines) • prohibited if waste not managed in an environmentally sound manner

Reports • Ships for Scrap. Steel and Toxic Wastes for Asia. The health and environmental hazards in recipient states (A fact-­‐finding mission to the Indian shipbreaking yards in Alang and Bombay) – May 1999 (and further versions un.l 2002).

• Shipbreaking: A Global Environmental, Health and Labour Challenge; A Greenpeace Report for IMO MEPC 44th Session -­‐ March 2000 • Evasion of the Polluter pays principle – Greenpeace (2002).

Demand of the early campaign • • • • • •

list of hazmats precleaning as far as possible eco-­‐friendly designs for new ships global solu.on under IMO, UNEP and ILO na.onal governments enforce environmental law responsibility of industry stakeholders: shipowners and shipbreakers

The Clemenceau case • French aircraf carrier disarmed in 1997 • at least 130 tons of asbestos • scrapping became an interna.onal game: plans for sinking abandoned, different companies tried to buy the vessel, Turkey and Greece refused import • despite court cases in France and India sent in January 2006 • French Supreme Court stopped export, vessel called back by President Chirac and dismantled in the UK

The Founda?on of the NGO Pla6orm • Clemenceau case brought together interna.onal, French and Indian environmental ac.vists • Plakorm first created in September 2005 to create a broader and more steady base of support for a campaign to solve global shipbreaking crisis • quickly evolved from being a European plakorm to a global one, including NGOs based in the largest shipbreaking countries, India, Bangladesh, and Pakistan.

18 members from 10 countries

NGO Shipbreaking Pla6orm

global coali.on // environmental, human and labour rights NGOs l l l l

l

fact finding and awareness raising on shipbreaking advocacy work at na.onal, European and interna.onal level legal ac.on to enforce exis.ng law develop standards for safe and environmentally sound ship recycling build coali.ons with progressive industry and other stakeholders

object: protect human and labour rights and the environment in developing countries from the harms of shipbreaking.

Plakorm publica.ons: major source of informa.on on current shipbreaking prac.ces

Root Principles • decent work and sustainable livelihood • environmental jus.ce principle (avoid dispropor.onately high and adverse human health and environmental effects) • Rio Declara.on on Environment and Development: Principle 14 against transferring harm Principle 16 against externalizing costs • polluter pays/producer responsibility principle • subs.tu.on principle/preven.on principle

Campaigns Â

Campaigns • slogan brings to the point different problems behind shipbreaking regarding safety, labour rights, pollu.on, hazardous waste management and health issues • beaching as a phase-­‐out prac.ce, transi.on to cleaner and safer methods • double standard: not allowed in Europe or industralised countries in Asia such as Japan or China • BC: beaching is not environmentally sound, assist to develop alterna.ve methods

The Four Fatal Flaws of the Beaching Method 1. The impossibility to contain pollutants on a beach allowing persistent organic pollutants, heavy metals and oil residues to directly enter the coastal and marine environment.

2. The impossibility of rapidly bringing emergency response equipment, including fire figh?ng equipment and vehicles, ambulances and cranes to help injured people inside the hull or on the beach.

3. The impossibility of allowing the safe and adequate use of cranes to li] heavy cut sec?ons of a ship and thereby preven?ng heavy objects from falling on workers or directly into the marine environment.

4. The incompa?bility of conduc?ng hazardous waste management (as ships contain and are o]en even painted with hazardous materials) in the ecologically delicate and vital coastal zone.

EU campaign

EU Regula?on on Ship Recycling • Commission published a Green Paper and a Strategy: part of consulta.on process since 2006 • Commission proposal published in March 2012 and subsequent debates in the European Parliament and Council • Plakorm only con.nuously ac.ve civil society organisa.on to balance the arguments of the shipping industry and to advocate for change

Achievements • provide the public, stakeholders and policy makers with informa.on on the situa.on on the ground • encourage media reports • raise interna.onal aUen.on, put the issue on the agenda and encouraged new regula.on • stop the illegal export of vessels in Europe and highlighted responsibility of EU governments to enforce its law • 100 non-­‐governmental organisa.ons around the world, the UN Special Rapporteur on Human Rights and Toxics, and the European Parliament support the Plakorm’s objec.ve to end the dangerous and pollu.ng prac.ce of breaking ships on beaches

Achievements • provide data on the shipbreaking prac.ces of shipowners and put industry and its responsibility in the focus • industry leaders demand clean and safe recycling (Maersk, Boskalis) • ini.ate successful court cases in order to enforce exis.ng environmental law in the shipbreaking countries • first improvements – however insufficient improvements – on the ground (compensa.on, PPE, waste management)

Why is further ac?on needed?

• list of hazmats: most ships s.ll do not have an IHM and shipbreakers are not used working with IHMs, further standardisa.on needed • precleaning : even to the extent where a ship is s.ll self-­‐ propelled or hazmats subs.tuted discarded as too expensive • eco-­‐friendly designs for new ships: certain material haven been outlawed by SOLAS, but s.ll no defini.on of a “green” ship, asbestos s.ll used despite ban • solu?on under IMO, UNEP and ILO: dealt with the issue for 15 years; BC not enforced and legal loopholes have not been closed; promo.on of alterna.ves to beaching have not yet let to sucess; BC and HK: no legal clarity with regards to interna.onal waste law, weak: no polluter-­‐pays principle, not in force.

Why is further ac?on needed?

• na?onal governments enforce environmental law: prominent court cases in India and Bangladesh; however, no proper implementa.on of exis.ng environmental law • responsibility of industry stakeholders : • shipowners: polluters s.ll do not pay for proper disposal, do not feel responsible or tendency of green washing • shipbreakers: lack of transparency, demand to interna.onal community and own government to upgrade facili.es, labour rights: child labour, registra.on of workers, compensa.on for accidents, documenta.on of accidents

Why is further ac?on needed?

• more and more end-­‐of-­‐life vessels: record in 2012 with about 1300 large ocean-­‐going vessels sent for breaking • s.ll around 2/3 broken in substandard facili.es that do not even comply with HK

HONG KONG CONVENTION Principles Ignored Polluter Pays/Producer Responsibility Principle Subs?tu?on Principle/Preven?on Principle Self-­‐Sufficiency Principle Environmental Jus?ce Principle Principle of Common but Differen?ated Responsibili?es Principle 14 Rio Declara?on against transferring harm Principle 16 Rio Declara?on against externalizing costs

HONG KONG CONVENTION Obliga?ons Missing Fails to minimise exports of hazardous waste Fails to condemn the “beaching” method Stops at the gate of the ship recycling yard Fails to ensure the principle of “Prior Informed Consent” Fails to cover government owned ships and smaller ships

Our role • • • • • • •

provide up-­‐to-­‐date informa.on about the condi.ons promote transparency, e.g. documenta.on of accidents keep the issue in the focus of aUen.on hold the industry responsible ask for further legal development and enforcement of law struggle for the enforcement of interna.onal waste law cooperate with progressive industry stakeholders

Thank you for your aUen.on.