In March 2009, the High Court had ruled that the Government is to set up a committee to ensure the impartial supervision of the shipbreaking industry. The Court also found that the shipbreaking yards did not hold the necessary environmental clearance to operate. As a consequence, the yards were temporarily shut down. The Court demanded that the Government comply with the requirements under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This included the respect for Prior Informed Consent (PIC), that is, the approval by Bangladesh of the import of ships based on the amount of toxics on board the end-of-life vessels.

The political clout of the shipbreaking industry, amongst them members of Parliament and other powerful politicians as well as some of the most influential industrialists in the country, managed hastily issued environmental clearances for their yards. For the import of end-of-life vessels to Bangladesh, the authorities blindly accept fake certificates stating that all the old ships are free of hazardous waste. The authorities never ask anyone to follow the procedure of Prior Informed Consent. The independent Committee, which according to the Court should also include non-government organisations and labour unions, has never been made functional – thus, there is no impartial supervision of the industry. BELA argues that at least 93 workers have died since the 2009 Court order. All this has passed without consequences.

Both the shipbreaking industry and the Government of Bangladesh are now asked to give account of their actions. If they fail to produce sufficient arguments, responsible persons are likely to be sentenced and yards may be closed down.

Click here to access The Daily Star's article covering the issue.