Nicola Mulinaris, Author at NGO Shipbreaking Platform

Platform publishes South Asia Quarterly Update #24

Posted on 14/01/202113/01/2022 by Nicola Mulinaris

In this quarterly publication, the NGO Shipbreaking Platform informs about the shipbreaking industry in Bangladesh, India and Pakistan. Providing an overview of accidents that took place on the beaches of South Asia and recent on-the-ground developments, including our activities, we aim to inform the public about the negative impacts of substandard shipbreaking practices as well as positive steps aimed at the realisation of environmental justice and the protection of workers’ rights.

Our annual list of ships scrapped worldwide will be released in a couple of weeks.

Platform News – Protecting watchdogs across the EU: proposal for an EU anti-SLAPP law

Posted on 01/12/202001/12/2020 by Nicola Mulinaris

A coalition of non-governmental organisations from across Europe has been working over the past years to raise awareness and urge policy makers to protect public interest watchdogs such as journalists, rights defenders, activists and whistleblowers from Strategic Lawsuits Against Public Participation (SLAPPs).

SLAPP suits are a form of legal harassment. Pursued by law firms on behalf of powerful individuals, companies and organisations who seek to avoid public scrutiny, their aim is to drain the target’s financial and psychological resources and deter critical voices to the detriment of public participation. Numerous individuals and organisations have in recent years increasingly been targeted via SLAPPs, including the NGO Shipbreaking Platform itself, two of its member organisations as well as individual staff and Board Members, for having revealed illegal waste exports.

Currently, no EU country has enacted targeted rules that specifically shield against SLAPP suits. EU-wide rules providing for strong and consistent protection against SLAPP suits would mark a crucial step forward towards ending this abusive practice in EU Member States and serve as a benchmark for countries in the rest of Europe and beyond. Together with other legislative and non-legislative measures, it would contribute to secure a safer environment for public watchdogs and public participation in the EU.

This is why the NGO Shipbreaking Platform, together with other civil society organisations, has engaged a wide range of experts including academics, lawyers, practitioners, SLAPP targets and policy and advocacy specialists, to look into the value added, the feasibility and the key components of possible EU anti-SLAPP legislation.

The result of this collaborative work is a model EU anti-SLAPP law proposing a set of rules which, if in place, would make sure that in each EU country SLAPPs are dismissed at an early stage of proceedings, SLAPP litigants pay for abusing the law and the courts, and SLAPP targets are given means and assistance to defend themselves.

As democracy and the rule of law come increasingly under pressure in a number of EU countries, this paper supports the call on EU policy makers by the undersigned organisations to urgently put forward an EU anti-SLAPP Directive to protect public watchdogs that help hold the powerful to account and keep the democratic debate alive.

Read our anti-SLAPP directive model here.

Press Release – Norwegian ship owner sentenced to prison

Posted on 01/12/202001/12/2020 by Nicola Mulinaris

Last Friday, the Sunnhordland District Court in Norway sentenced ship owner Georg Eide to six months unconditional imprisonment for having assisted scrap dealer Wirana in an attempt to illegally export the TIDE CARRIER (aka EIDE CARRIER and HARRIER) to Pakistan for scrapping. The Court also ordered the confiscation of criminal dividends of NOK 2 million from Eide Marine Eidendom AS.

After a decade in lay-up in Norway, the TIDE CARRIER was sold to one of the most well-known cash buyers, Wirana. The intent was to scrap the ship on the beach of Gadani in Pakistan. The NGO Shipbreaking Platform, together with its member organisation Bellona, tipped the police about the imminent illegal export in February 2017. The vessel was arrested upon finding onboard a “last voyage for breaking in Pakistan insurance” issued by Skuld Maritime Agency and two certificates issued on the same day by Marine Warranty Surveyor Aqualis Offshore - one for a voyage with the purpose of refurbishment work in Dubai and one for a last voyage to the scrap yards in Pakistan [1].

"Eide has been charged with complicity in violation of international waste law. The judgement acts as a stark warning that dodgy deals with cash buyers aimed at scrapping vessels on South Asian beaches, where there is no capacity and infrastructure to recycle and dispose of hazardous wastes in a safe and environmentally sound manner, are a serious crime. It also cautions that due diligence is a must for not only ship owners, but also insurers and Marine Warranty Surveyors, to avoid any business relationship with companies that have terrible track records."

Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Waste exports are strictly regulated in Norwegian, European and international law. The purpose is to protect developing countries from the dumping of hazardous wastes and the harm caused to workers, surrounding communities and the environment when toxics are not treated in an environmentally sound manner. Ships contain numerous toxic materials such as asbestos, heavy metals in paints and residue oils. Last year, the Basel Convention Ban Amendment entered into global force, banning the export of hazardous wastes, including end-of-life ships, from OECD to non OECD countries. The EU transposed the Ban Amendment into EU Law in 1997.

Waste trafficking linked to shipbreaking is being investigated by enforcement authorities in several EU Member States. It is also being looked at from a transnational point of view via Europol and Interpol. The Norwegian District Court emphasised an increasing need to counter environmental crime. Public Prosecutor Maria Bache Dahl and the judges stressed that there was no doubt that Eide had knowledge that the ship would be scrapped in Asia, and had also provided assistance in preparing for its last voyage [2].

Eide may appeal the verdict.

NOTES

[1] For more details on the case, see “The controversial case of the Harrier”.

[2] In 2019, separate action was taken against cash buyer Wirana who was fined NOK 7 million for having falsified papers to deceive Norwegian authorities about the ship's true destination and its seaworthiness to allow the vessel to leave Norway. Earlier this year, the public prosecutors’ office dismissed the charge and withdrew the penalty charge notice issued to MWS Aqualis Offshore AS for undisclosed reasons.

Platform publishes South Asia Quarterly Update #23

Posted on 30/10/202014/01/2022 by Nicola Mulinaris

On July 1, Rohul (47 years old) suffered an accident at KSB Steels shipbreaking yard. He fell and broke five ribs while dismantling the ship STELLAR IRIS (IMO 9083093), owned by South Korean company Polaris Shipping. On the same day, Mozaffor (42 years old) fell down while dismantling another Polaris’ vessel, the STELLAR JOURNEY (IMO 9050230), at RA Shipbreaking yard. Mozaffor was transferred to Dhaka Hospital as the medical assistance was inadequate in Chattogram.

On July 20, Rashidul Islam (45 years old) died while dismantling an unidentified vessel at N.R. Shipbreaking yard. Rashidul was fatally hit by a falling object.

On July 21, Faruk (24 years old) got injured at Arefin Shipbreaking yard. He was breaking the Japanese-owned vessel INNOVATOR (IMO 8508905) when an iron plate hit his head.

On August 27, Mokbul (40 years old) suffered an accident at T.R. Shipbreakers yard, owned by Didarul Alam, a member of the Bangladeshi Parliament. He was hit by an iron plate in his back. Mokbul did not receive any treatment or compensation from the yard owner in order to satisfy his livelihood needs.

In the third quarter of 2020, Greek ship owners sold the most ships to South Asian yards, closely followed by Japanese, Russian and South Korean owners. South Korean company Polaris Shipping sold another two vessels to Pakistan. The ship owner, which hit the headlines in June for the scuttling of the ore carrier STELLAR BANNER off the coast of Brazil, has sold a total of seven ships for dirty and dangerous breaking in Bangladesh and Pakistan this year.

In April, we urged Bangladesh, India and Pakistan to halt the import of a highly toxic offshore unit that had illegally departed from Indonesia. The Floating Storage and Offloading (FSO) tanker J. NAT (now renamed RADIANT) left Indonesian waters despite local activists having warned Indonesian authorities about the toxicity of the vessel. Following our actions and local media reports, the government of Bangladesh directed all departments concerned not to allow the ship to enter Bangladeshi territory. Similarly, Indian authorities have recently warned Alang shipbreaking yards not to accept the toxic tanker for scrapping. Maritime sources now indicate that the vessel is sailing towards Gadani, Pakistan.

Almost one third of the ships sold to South Asia this quarter changed flag to the registries of Comoros, Gabon, Palau and St. Kitts and Nevis just weeks before hitting the beach. These flags are not typically used during the operational life of ships and offer ‘last voyage registration’ discounts. They are particularly popular with the middlemen scrap-dealers that purchase vessels cash from ship owners, and are grey- and black-listed due to their poor implementation of international maritime law.

The high number of flag changes at end-of-life seriously compromises the effectiveness of legislation based on flag state jurisdiction only, such as the European Union (EU) Ship Recycling Regulation. The Platform recorded at least seven ships that de-registered from a European flag registry (e.g. Cyprus, Germany, Malta) prior the last voyage to South Asia in order to circumvent EU legislation. The export of one of these ships also breached the Basel Convention’s Ban Amendment, which prohibits the export of hazardous waste, including end-of-life vessels, from the OECD, the EU and Liechtenstein to other countries – primarily developing countries or countries with economies in transition. The Ro-Ro cargo ship ZERAN, owned by Polish Ocean Lines, swapped its Maltese flag to that of Panama and illegally left Turkish waters at the end of July. It was beached in Bangladesh in September.

Investigations have been launched by authorities in Iceland following the illegal export of two container vessels owned by Icelandic company Eimskip to India. Icelandic program Kveikur released a documentary on the murky sale of the two ships. Eimskip’s counterpart to the sale was none other than GMS, one of the most well-known cash buyers of end-of-life ships.

Platform News – Platform welcomes new Indonesian partner organisation

Posted on 08/10/2020 by Nicola Mulinaris

The NGO Shipbreaking Platform, a coalition of environmental, human rights and labour rights organisations, welcomes the Nexus Foundation for Environmental, Health, and Development, also known as Nexus3 Foundation, as new partner organisation.

The Nexus3 Foundation (f.k.a. BaliFokus Foundation) is based in Indonesia. The organisation works to safeguard both the public, especially vulnerable populations, and the environment from the negative impacts of global development, promoting a just, toxic-free, and sustainable future. Its goals are i) to support reducing and eliminating the world’s most hazardous chemicals, ii) to halt the spread of toxic metals, iii) to strengthen Indonesian chemical and wastes management policies, and iv) to enhance institutional capacity to enable communities and civil society organisations in Indonesia to promote safer chemicals and waste management.

Every year, numerous toxic ships and oil and gas wastes are illegally exported from Indonesian ports to the infamous shipbreaking beaches of South Asia. Recently, local activists and international NGOs warned Indonesian authorities about the illegal departure of several mercury-laden tankers, such as the FPSO Yetagun and the FSO J NAT. Oil sludge residues from the processing of crude oil extracted in the East-Asia region commonly contain mercury, which ends up contaminating the offshore units’ structures, tanks and piping.

Exposure to mercury, even at low levels, has been linked to central nervous system damage, kidney and liver impairment, reproductive and development disorders, defects in fetuses and learning deficits. When heated up by simple methods such as sand blasting, water blasting, grinding and gas axing, extremely toxic mercury vapors are released, bypassing most commercial personal protection equipment (PPE). The toxicity of the vessels that are illegally exported from Indonesia is, however, not the only concern. In fact, media investigations also revealed appalling social and environmental conditions at small scrapping yards located in the country.

Press Release – Prosecutor launches investigation after Icelandic journalists shed light on illegal export of toxic ships to India

Posted on 25/09/202028/09/2020 by Nicola Mulinaris

Icelandic program Kveikur released yesterday an investigation on the murky sale of two ships owned by Icelandic company Eimskip. In a documentary broadcasted by radio and television Ríkisútvarpið (RÚV), Kveikur uncovers the illegal export of the container ships GODAFOSS and LAXFOSS to the Indian beach of Alang for dirty and dangerous scrapping. The Icelandic authorities have confirmed that the case has been brought to the public prosecutor for further investigation.

In an interview with RÚV, and in response to Kveikur’s documentary, Iceland’s Environment Minister Guðmundur Ingi Gudbrandsson said: “First, I am shocked over what I saw. You feel sad and, at the same time, angry that a company in the West would exploit vulnerable people that have no choice but to work under such horrible conditions. Workers are at constant risk of accidents and even losing their life, and environmental issues are given zero attention. The owners of these companies must respond to whether this is, in their view, morally acceptable, and if this is in line with the environmental and social responsibility policy that they set for themselves. That is the question that I, and I believe many others, were left with.”

At the end of 2019, Eimskip sold, as part of its fleet renewal, the GODAFOSS and LAXFOSS, while simultaneously agreeing with the buyer to charter the ships back until the company’s new-buildings were delivered. What may have seemed like a sale for further operational use was actually a scrap deal – Eimskip’s counterpart to the sale was none other than GMS, one of the most well-known cash buyers of end-of-life ships. GMS is behind nearly half of the total tonnage that has been beached in the Indian subcontinent so far in 2020. The company has also been linked by media and civil society to several toxic trade scandals, at least two of which are currently being criminally investigated by enforcement authorities in the UK. [1]

Eimskip denies any involvement in the decision to sell the ships for recycling and claims having been in the dark about their final destination.

The export of the two container vessels to South Asia was in clear breach of European waste laws, which prohibit the trade of hazardous waste, including end-of-life ships, from OECD countries to non-OECD countries. Both the GODAFOSS and LAXFOSS were in European waters when the decision to sell for scrap was taken. Before reaching the Indian beach of Alang, via Suez, they briefly stopped in Rotterdam and Athens respectively. At the time of the export of the ships, the NGO Shipbreaking Platform formally requested Icelandic, Dutch and Greek authorities to hold all the parties involved in the sale accountable for breaching EU waste legislation.

Researchers and journalists that have recently visited the Indian shipbreaking yards, often unannounced and undercover, have documented a reality that starkly contrasts with the industry efforts to greenwash beaching. The BBC exposed the case, which sees again the involvement of cash buyer GMS, of five oil and gas units owned by Diamond Offshore. Two of the units ended up being broken in Alang under dire conditions before the remaining three were arrested in Scotland, as it was suspected that the buyers sought to illegally export them to South Asia. Dutch programme ZEMBLA brought back similar accounts of horrifying practices in Alang, revealing how workers unknowingly were exposed to highly toxic mercury fumes when torching apart an FSO owned by offshore company SBM. In 2019 alone, at least fourteen vessels were sold to beaching yards in breach of the EU Waste Shipment Regulation. The Icelandic case adds itself to several ongoing criminal investigations.

NOTE

[1] See North Sea Producer case and Diamond Offshore case.

Raising awareness campaign – Lisbon 2023

Posted on 28/12/201728/06/2023 by Nicola Mulinaris

In Spring 2023, the NGO Shipbreaking Platform organised in Portugal a series of cultural initiatives aimed at raising awareness on the topic of shipbreaking.

Fifteen powerful images were pasted on selected walls of the city of Lisbon. Via visual storytelling, the project not only showed how the huge metal skeletons of old vessels are still dangerously stripped apart on the shores of the Global South but also opened a window into the lives of the exploited workers and vulnerable local communities, denouncing the illegality of this toxic trade. The Platform also organised two live performances at Largo Residências and at MAD - Marvilla Art District. Live music, visuals and theatre were combined by artists Serenella Martufi and Isacco Chiaf to provide a comprehensive overview of the issue through a unique multimedia format.

Both projects were based on the multimedia work With Bare Hands, created by award-winning photojournalist Tomaso Clavarino and videomaker Isacco Chiaf in 2016.

Author: Nicola Mulinaris