Platform News – Global ban on exporting hazardous waste to developing countries becomes law

The Basel Ban Amendment, adopted by the Parties to the Basel Convention on the Control of the Transboundary Movement of Hazardous and Their Disposal in 1995, became international law on December 5 last week. This amendment, now ratified by 98 countries, and most recently, by Costa Rica, prohibits the export of hazardous wastes from member states of the European Union, Organisation for Economic Cooperation and Development (OECD), and Liechtenstein to all other countries. This agreement is now a new Article (4a) of the Basel Convention.

 

The many countries and organisations that helped create the Basel Ban Amendment, including the Platform’s member organisation Basel Action Network (BAN), can celebrate their persistence. In view of the continuing export of unwanted electronic wastes, plastic wastes and end-of-life vessels from the Global North to highly-polluting operations in Asia and Africa, the ban is seen as relevant today as it was 30 years ago when ships loaded with barrels of toxic waste left their deadly cargo on the beaches of African and Latin American countries.

"The Ban Amendment is the world's foremost legal landmark for global environmental justice. It boldly legislates against a free-trade in environmental costs and harm. "
Jim Puckett - Executive Director and Founder - Basel Action Network

Despite the achievement of the Ban Amendment, powerful industries - currently, the electronics and shipping industries - are now trying to change the definition of that to which the Ban applies. They do so in order to exempt their products from the legal restraints imposed by the Convention and the Ban.

"Shamefully, electronics manufacturers like HP, Dell and Apple are lobbying for the Basel Convention to call non-functional electronics 'non-waste' and thus not subject to the Basel Ban if somebody simply declares these wastes as possibly repairable."
Jim Puckett - Executive Director and Founder - Basel Action Network

Likewise, the shipping industry has run screaming from their Basel responsibilities for old obsolete ships to create its own Hong Kong Convention, designed specifically to perpetuate the dumping of toxic vessels on South Asian beaches.

 

Further, noticeably absent from the list of countries having ratified the ban is the United States, Canada, Japan, Australia, New Zealand, South Korea, Russia, India, Brazil, and Mexico. 

"There can be no excuse for any country to use poorer countries as convenient dumping grounds for their waste, and it is especially ugly to do this in the name of recycling or the circular economy. With the Ban Amendment now international law, we hope and urge that all countries that have failed to ratify it will reconsider what it means to be global leaders in the age of globalisation."
Jim Puckett - Executive Director and Founder - Basel Action Network

Press Release – Conditions of shipbreaking workers in India remain appalling

Local authorities fail in enforcing national labour laws

 

Today, The New Indian Express reveals that conditions for the shipbreaking workers at the beach of Alang, India, have not improved. Based on the findings of recent independent research carried out by the Tata Institute of Social Sciences (TISS) in Mumbai, the article highlights the lack of protective equipment, inadequate health facilities and far too long working hours. Hundreds of vessels are taken apart with little or no regard to safety, the newspaper says. 

 

The TISS report, a follow-up of Associate Professor Dr Geetanjoy Sahu’s first report published in 2014, reveals continued serious breaches and lack of effective enforcement of national laws aimed at the protection of workers’ rights. Data collected by the Platform and Toxic Watch Alliance shows that there have been more than 500 fatal accidents since 1983 at the Alang shipbreaking yards – and at least 48 since 2014. According to the TISS report, more than half of the total workers interviewed said they had been injured at their workplace in the past one year. 39 per cent of these workers informed that they had not received any medical support; 52 per cent did not get any wage or compensation when they were on leave due to injury; and, 18 per cent continued to work despite their injuries as they were worried to loose wages. 

 

The lack of proper medical facilities in Alang is of particular concern. There are only three simple health clinics, two of them run by the Red Cross Society and a small one run by a private doctor. Neither have necessary equipment to treat major and life threatening injuries. It is, furthermore, worrying that the workers who participate in the trade union activities stated that they prefer confining their role to address basic issues such as sanitation and water supply, rather than demand a halt to hazardous working conditions and adequate medical treatment and accident compensation. An alarming 37 per cent of the interviewed workers do not even want to participate in the trade union activities as they feel it might threaten their employment. 

 

The lack of a database created or maintained by the district authorities about the number of workers in the ship breaking yards renders it difficult to ensure the welfare of the workforce in Alang. Whilst most are migrant workers, mainly from Uttar Pradesh and Bihar, the TISS report reveals that they do not receive housing facilities even though they are entitled to under the Inter-State Migrant Workmen Act 1979. Instead, they continue to live in and around the yards in rented shanty dwellings without adequate facilities for potable water, sanitation and electricity. 

 

"There is no lack of laws in India to protect both workers and the environment from the many harms caused by the unsustainable practices in Alang. It is high time that the Indian government enforces these laws to ensure that the industry embraces truly safe and green recycling practices off the beach."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

India’s recently approved Ship Recycling Bill (2019) and ratification of the International Maritime Organisation’s Hong Kong Convention risk undermining existing laws and fail in establishing an effective framework for improving industry practices. The standards set by the Hong Kong Convention are weak, and have also been strongly criticised for simply rubberstamping beaching, a method which is banned in major ship owning countries.

Alang, India 2018 - © REUTERS / Amit Dave