Tag: beaching

Platform publishes South Asia Quarterly Update #21

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There were a total of 166 ships broken in the first quarter of 2020. Of these, 126 ships were sold to the beaches of South Asia for dirty and dangerous breaking [1]. Between January and March, at least 4 workers have lost their lives and at least 7 were severely injured when breaking ships in Bangladesh. 

 

 

On February 3, Liton Das (27) was hit by a falling iron plate on his right leg at the Bangladeshi M.M. shipbreaking yard. Liton currently lies in his bed at home with an open wound at high risk of infection. 

 

On February 4, cutter man Kiron Tripura (28) died at Ziri Subedar shipbreaking yard. A week later, Md. Mizanur Rahman (22) fell from great height whilst dismantling the vessel Anangel Hali, owned by Greek Angelicoussis Shipping Group, at S.N. Corporation yard. Mizanur died on the spot. He had started to work as a shipbreaker only four days prior his death. 

 

On March 24, two brothers, Sumon Das (45) and Nironjon Das (48), died when breathing atoxic gas, while working in the engine room of the tanker West Energy, owned by South Korean company Sinokor. The vessel was beached at Kabir Steel’s Khawja shipbreaking yard. Sumon and Nironjon leave five children behind. In the same accident, two other workers, Kawser and Habib, were also exposed to the toxic gas and fell sick. The Department of Inspection for Factories Establishments (DIFE) stated to local media that the accident will be investigated.  

 

Accident records in Gadani, Pakistan and Alang, India, are extremely difficult to obtain. A recent BBC Disclosure report reveals how companies involved, as well as Indian local authorities, seek to thwart public scrutiny of the deplorable conditions in Alang. Also other journalists that have visited the Indian shipbreaking yards, often unannounced and undercover, have documented a reality that starkly contrasts with the industry efforts to greenwash the beaching of vessels for breaking. Workers risk their lives due to lack of infrastructure and dangerous conditions. They are furthermore not provided adequate respiratory protective gear and thus exposed to hazardous materials and gases that impair their health, causing cancer and other respiratory diseases. The death toll caused by occupational diseases contracted at the beaching yards is not disclosed in either India, Pakistan or Bangladesh, and is sadly likely to be shockingly high. 

 

In the first quarter of 2020, Saudi Arabian ship owners sold the most ships to South Asian yards, followed by South Korean and Greek owners. Shipping company Berge Bulk sent five vessels to Bangladesh for dirty and dangerous breaking.. These add up to the four ships that the ship owner sold to the same beach last year. Berge Bulk’s scrapping practices should prompt the Lloyd’s List Asia Awards to withdraw the prize for “Excellence in Environmental Management” the company recently received for its commitment to environmental conservation. Indeed, there is nothing laudable about putting workers lives at serious risk and polluting sensitive coastal environments.

 

Almost half 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 that purchase vessels cash from ship owners, and are grey- and black-listed shipping registries 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 six ships that de-registered from an European flag registry prior the last voyage to South Asia in order to circumvent EU legislation. 

 

How Covid-19 pandemic is affecting vulnerable shipbreaking workers

 

The current Covid-19 pandemic is also affecting the South Asian shipbreaking workers. Authorities have halted imports of vessels and imposed strict lockdowns.

 

As reported by the newspaper The Indian Express, migrant workers in Alang, unable to return to their home villages, are facing serious financial difficulties. They are yet to receive their March salaries and have not received any alternative support, such as food, from their employers. Fortunately, media report that the Gujarat government has now stepped in and distributed thousands of ration kits to the migrant workforce stuck in Alang.

 

In Pakistan, more than 400 food bags were handed out to the National Trade Union Federation Pakistan and the Shipbreaking workers Union at Gadani shipbreaking yard.

 

In Bangladesh, according to the Platform’s member organisation YPSA, only local workers are partially receiving food support from the government and from some yard owners. Migrant workers, on the other hand, have not received any public support. YPSA and OSHE, another Platform member organisation active in the Chattogram area, are currently providing assistance to part of the migrant workforce. There is a dire need to secure emergency food assistance, as well as medical check-ups and awareness raising to avoid the spread of Covid-19.

 

PLEASE DONATE TODAY AND HELP MAKE A DIFFERENCE

 

DONATE ONLINE or by BANK TRANSFER

 

In the shipbreaking area of Chattogram, Bangladesh, 1070 workers that have lost their income due to the Covid-19 lockdown have received food supplies [2]. However, this is not enough as there are thousands of workers and their families who need support. We are therefore calling for YOUR support NOW to make the delivery of food packages to more workers and their  families possible. In collaboration with our member organisation OSHE, we will mobilise resources during this challenging and difficult time. 

 

Every little bit helps! Your gift will feed not only the workers but their families too!

 

Help Migrant Workers Programme

 

€50
Feeds 1 family – 5 family members – for 2 weeks

 

€100
Feeds 2 families – 10 family members – for 2 weeks

 

€500
Feeds 10 families – 50 family members – for 2 weeks

 

€1,000
Feeds 20 families – 100 family members – for 2 weeks

 

€1,000+
We still need to help thousands of workers who have been affected by this pandemic

 

€ 
Other amount (please specify)

 

Please put reference “FOOD PACKAGES” on your communication when making the donation.  All donation earmarked “FOOD PACKAGES” will go towards the Help Migrant Workers Programme in Bangladesh. Once the donation has been made, we would really appreciate if you could send us an e-mail with your full name and donation amount. If you need further information, please do not hesitate to contact us.

 

Thank you for your support!

 

 

 

NOTES

 

[1] During the first quarter of 2020, the following number of vessels were broken in other locations: 26 in Turkey, 6 in China, 5 in Europe and 3 in the rest of the world.

 

[2] YPSA’s Press Release

 

Press Release – BBC exposes dirty and dangerous scrapping of oil and gas units in India

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Diamond Offshore and cash buyer GMS under the spotlight

 

A BBC Disclosure production released this week reveals the harm caused by shipbreaking activities in Alang, India, as well local officials’ and leading oil and gas companies’ efforts to cover up their unlawful practices. The investigation, conducted by journalists Mark Daly and Chris Foote, focuses on the attempt to illegally export a trio of floating rigs full of asbestos and mercury from the Scottish Cromarty Firth.

 

The BBC Disclosure documentary and longread trace five rigs that were sold in 2017 by oil and gas company Diamond Offshore to cash buyer GMS, one of the leading scrap dealers for end-of-life vessels. Two of the units — the Ocean Alliance and the Ocean Baroness — left the Gulf of Mexico and ended up on the shipbreaking beach of Alang, India. The other three — the Ocean Nomad, the Ocean Vanguard and the Ocean Princess — are still detained in Cromarty Firth by the Scottish Environment Protection Agency (SEPA). The NGO Shipbreaking Platform alerted SEPA in January 2018, only few days before the rigs were due to be removed from the Cromarty Firth, that the units were likely to end up on a South Asian beach for dirty and dangerous scrapping in breach of European and international environmental law.

"Our preference is that waste stays in Scotland and gets dealt with. If it’s going to move somewhere else, we need to make sure that it’s going to the right place, where it can be handled properly. If someone wants to do the wrong thing, it is our job to stop them."
Terry A’Hearn - Chief Executive - SEPA

Workers’ interviews and undercover footage obtained by BBC at the Indian shipbreaking yard where the Ocean Alliance was taken apart highlight breaches of labor rights, disregard for even the most basic health and safety standards, and extremely polluting practices. 

 

"Companies sell their end-of-life tonnage to the beaching yards as that is where they can make the highest profit. But these are profits made on the back of exploited workers and fragile ecosystems. Alang is furthermore a toxic hotspot, and, without a proper clean-up, the pollution caused by more than three decades of reckless shipbreaking will continue to harm the local environment and the communities that depend upon it for many years to come."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

90% of the world’s end-of-life tonnage is currently scrapped using the low-cost method of beaching. Oil and gas units are of particular concern due to the complexity of the breaking operations and their contamination by highly toxic substances such as mercury and radioactive materials. So far, the only structure which operated in the North Sea and which has been traced to a South Asian beach is the infamous FPSO North Sea Producer. It was owned by a Maersk-Odebrecht joint venture and was also sold to cash buyer GMS before it illegally departed the UK to Chittagong, Bangladesh, after having been deployed at the North Sea McCulloch field.  

 

"Many more offshore assets will need to be scrapped in the coming years. Companies that have owned and operated these units are responsible for ensuring that they are recycled without harming workers and the environment. For any unit having operated in the North Sea, there are more than enough options in Europe."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

The BBC Disclosure report reveals how companies involved, as well as Indian local authorities, seek to thwart public scrutiny of the deplorable conditions in Alang. Also other journalists that have visited the Indian shipbreaking yards, often unannounced and undercover, have documented a reality that starkly contrasts with the industry efforts to greenwash beaching. In 2016, DanWatch revealed dire conditions at a yard Maersk and ClassNK had approved as safe and environmentally sound. More recently, French TV and Dutch programme ZEMBLA brought back similar accounts of the shipbreaking activities in Alang. The Dutch journalists revealed how workers unknowingly were exposed to highly toxic mercury fumes when torching apart an FSO owned by offshore company SBM.

 

Press Release – Platform publishes list of ships dismantled worldwide in 2019

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Most shipping companies continue to opt for the highest price at the worst scrapping yards

 

According to new data released today by the NGO Shipbreaking Platform, 674 ocean-going commercial ships and offshore units were sold to the scrap yards in 2019. Of these vessels, 469 large tankers, bulkers, floating platforms, cargo- and passenger ships were broken down on only three beaches in Bangladesh, India and Pakistan, amounting to near 90% of the gross tonnage dismantled globally.

 

"Bangladesh remains the favoured dumping ground for end-of-life ships laden with toxics. There is wide-spread knowledge of the irreparable damage caused by dirty and dangerous practices on tidal mudflats, yet profit is the only decisive factor for most ship owners when selling their vessels for breaking."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Last year, at least 26 workers lost their lives when breaking apart the global fleet. The Platform documented accidents that killed 24 workers on the beach of Chattogram (formerly known as Chittagong), making 2019 the worst year for Bangladeshi yards in terms of fatalities since 2010. At least another 34 workers were severely injured. Whilst the total death toll in Indian yards is unknown, local sources and media confirmed at least two deaths at shipbreaking yards that claim to be operating safely, but have failed to be included in the EU list of approved ship recycling facilities [1].

 

DUMPERS 2019 – Worst practices

 

UNITED ARAB EMIRATES and GREECE top the list of country dumpers in 2019. UAE owners were responsible for the highest absolute number of ships sold to South Asian shipbreaking yards in 2019: 45 ships in total. Greek owners closely followed with 40 beached vessels.

 

The ‘worst corporate dumper’ prize goes to the Taiwanese container shipping line Evergreen. In the last years, the company has been under the spotlight for its damaging shipbreaking practices. In January 2018, the Norwegian Central Bank announced its decision to divest from Evergreen due to the ship owner’s repeated sale of vessels for dirty and dangerous breaking on the beach of Chattogram. Since then, the company has clearly not changed its policy. Eleven of Evergreen’s vessels ended up in South Asia in 2019. On 23 July, cutter man Shahidul lost his life while working at Kabir Steel’s Khawja shipbreaking yard in Bangladesh. Shahidul was dismantling Evergreen’s EVER UNION when he fell from a great height. He died on the spot.

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Dry bulk shipping company Berge Bulk is runner-up for worst corporate practice. Four ships owned by the Bermuda-based ship owner ended up in Bangladesh for dirty and dangerous breaking. Berge Bulk’s scrapping practices should prompt the Lloyd’s List Asia Awards to withdraw the prize for “Excellence in Environmental Management” the company recently received for its commitment to environmental conservation. Indeed, there is nothing laudable about putting workers lives at serious risk and polluting sensitive coastal environments.

 

Danish container shipping giant Maersk scrapped four vessels on the Indian beaches last year. The company did not hesitate to leave the Danish shipping registry in order to circumvent the new EU laws requiring the use of EU-approved recycling facilities, and at least two of the ships even left EU waters in breach of an international and European ban on the export of hazardous waste to developing countries. In November, Bangladesh Courts condemned the illegal breaking of Maersk’s FPSO North Sea Producer which had been sold to cash buyer GMS and fraudulently exported from the UK in 2016. Criminal investigations are underway in the UK.

 

Other well-known shipping companies that in 2019 dumped their toxic ships on South Asian beaches include: Costamare, CMA CGM, Diamond Offshore, ENSCO, MOL, MSC, NYK Line, Tidewater and Vale.

In India, many yards now boast having upgraded their beaching facilities to comply with the requirements set by the International Maritime Organisation’s Hong Kong Convention. Recent inspection visits by the European Commission in Alang and media reports, however, flag serious concerns related to pollution of the intertidal area; absence of medical facilities; breaches of labour rights and lack of capacity to safely manage a number of hazardous waste streams, including mercury and radioactive contaminated materials that are typically found on offshore oil & gas units. No facility located in South Asia meets the safety and environmental requirements for EU approval.

 

All ships sold to Chattogram, Alang and Gadani pass via the hands of scrap-dealers, better known as cash buyers. These pay the highest price for end-of-life vessels and are inherently linked to the beaching yards. Cash buyers typically re-name, re-register and re-flag the vessels on their last voyage. Black-listed flags, such as Palau, Comoros and St Kitts & Nevis, were particularly popular in 2019: almost half of the ships sold to South Asia changed flag to one of these registries just weeks before hitting the beach. None were beached under an EU flag, despite many vessels having been sold by a European shipping company.

"Policy makers need to adopt effective measures to divert ships towards the sites that have been approved by the EU. The fact that old ships are registered under flags known for the poor implementation of international maritime law sheds serious doubt over the effectiveness of legislation based on flag state jurisdiction only, including the EU Ship Recycling Regulation."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Today banks, pension funds and other financial institutions are actively taking a closer look at how they might contribute to a shift towards better ship recycling practices off the beach, taking into account social and environmental criteria, not just financial returns, when selecting asset values or clients [2]. Police and environmental authorities are also increasingly monitoring the movements of end-of-life vessels. Following the Seatrade judgement in the Netherlands where, for the first time, a ship owner was held criminally liable for having intended to sell four end-of-life ships to Indian beaching yards, several other cases of illegal traffic are under investigation. [3] Aiding and abiding environmental crime is equally punishable: insurers, brokers and maritime warranty surveyors could therefore also be held liable. By unravelling the murky practices of shipbreaking, these cases highlight the importance of conducting due diligence when choosing business partners.

"Clean and safe solutions are already available. We applaud companies, such as Dutch Van Oord, that have had a responsible ship recycling policy ‘off the beach’ for many years. Whilst other ship owners lament over the lack of capacity to recycle sustainably, only 31 vessels were recorded recycled in EU-approved facilities, which represent a minor fraction of what these yards are able to handle."
Nicola Mulinaris - Communication and Policy Officer - NGO Shipbreaking Platform

For the data visualization of 2019 shipbreaking records, click here. *

For the full Excel dataset of all ships dismantled worldwide in 2019, click here. *

 

* The data gathered by the NGO Shipbreaking Platform is sourced from different outlets and stakeholders, and is cross-checked whenever possible. The data upon which this information is based is correct to the best of the Platform’s knowledge, and the Platform takes no responsibility for the accuracy of the information provided. The Platform will correct or complete data if any inaccuracy is signaled. All data which has been provided is publicly available and does not reveal any confidential business information.

 

NOTES

 

[1] The EU Ship Recycling Regulation became applicable on 1 January 2019. According to the Regulation, EU-flagged vessels have to be recycled in one of the currently 41 approved facilities around the world included in the EU list. EU-approved ship recycling facilities must comply with high standards for environmental protection and workers’ safety. The EU list is the first of its kind; is the only list of facilities that have been independently audited; and provides an important reference point for sustainable ship recycling. Any ship owner that wants to opt for safe and clean ship recycling can simply choose one of the 41 facilities that are now included on the List.

 

[2] In early 2018, Scandinavian pension funds KLP and GPFG were the first to divest from four shipping companies, including containership company Evergreen, due to their beaching practices.

 

[3] In Scotland, Diamond Offshore and cash buyer GMS are still under investigation for having attempted to illegally export three heavily contaminated platforms that had operated in the North Sea and were cold-stacked in Cromarty Firth. The platforms have been detained in Scotland since January 2018.

 

Press Release – Clemenceau’s sister ship heading for the scrapyard

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France must act responsibly

 

The French Courts stopped the scrapping of the asbestos-laden aircraft carrier Clemenceau on the beach of Alang, India [1]. Fifteen years later, France is faced with a second toxic headache. The Clemenceau’s sister ship São Paulo (ex Foch) will soon be dismantled and the French government must approve of the dismantling destination.

 

The vessel was sold by the French Navy to Brazil in 2000, where it became the new flagship of the Brazilian Navy. After countless serviceability issues, which impeded the ship’s operation for more than three months at a time without the need for costly maintenance, it was formally decommissioned; its auctioning began last year in Rio de Janeiro.  So far, both EU-approved ship recycling facilities and yards located on the infamous beach of Alang have submitted documentation to participate in the bidding process.

 

The São Paulo, as the Clemenceau, contains large amounts of hazardous substances within its structure. It is estimated that onboard the vessel there are approximately 900 tons of asbestos and asbestos-containing materials, hundreds of tons of PCB-containing materials and large quantities of heavy metals. The NGO Shipbreaking Platform, BAN, BAN Asbestos France, IBAS and Brazilian ABREA have already alerted both Brazilian and French authorities about the legal, environmental and health risks linked to breaking toxic ships on the beaches of South Asia.

"The large amounts of asbestos still onboard the São Paulo need to be handled and disposed of without exposing workers and surrounding communities to the risk of cancer. The contractual clause in the sale of the Foch to Brazil gives France the last say in where the aircraft carrier can be dismantled. French authorities must direct the Clemenceau’s sister ship to an EU-approved facility – anything else would be a scandal."
Annie Thebaud-Mony - Professor - Ban Asbestos France
São Paulo aircraft carrier in Rio de Janeiro, 2019

On the ship-breaking beaches of South Asia it is impossible to contain pollutants, including heavy metals and oil residues, as there are no impermeable structures and flooring in the primary cutting zone. The lack of adequate personal protective equipment at the beaching yards, as well as the lack of adequate health facilities, is of grave concern and has been highlighted in recent reports.

 

NGOs call upon Brazilian and French authorities to make sure the São Paulo does not end up on a South Asian beach and is safely recycled in an EU-listed yard or converted to other use.

 

NOTE

 

[1] On 31 December 2005, the Clemenceau left France despite fierce protests about improper disposal and a lack of facilities for the management of toxic waste on the beaches on South Asia. After having been boarded by activists, held by Egyptian authorities, been blocked from entering Indian waters by the Supreme Court of India, the warship was ordered to return to France by French President Jacques Chirac. It ended up been dismantled in a yard near Hartlepool, UK.

 

 

 

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

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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

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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

 

 

Press Release – NGOs win FPSO North Sea Producer case

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Bangladesh Court denounces illegalities and lack of transparency in shipbreaking sector

 

On 14 November the High Court Division of the Supreme Court of Bangladesh declared the import, beaching and breaking of the infamous FPSO North Sea Producer illegal. The judgment was issued in a Public Interest Litigation (PIL) filed by NGO Shipbreaking Platform member organisation Bangladesh Environmental Lawyers Association (BELA). The Court further noted with dismay the incessant violations of national and international laws by the shipbreaking industry, and passed several directions upon the government to regulate the sector in line with earlier rulings. 

 

Already in August 2017, the Bangladesh Court had issued an injunction on the ongoing breaking of the North Sea Producer based on the detection of radiation levels higher than permitted. It has now directed national agencies to monitor the breaking of what is left of the FPSO without any involvement of Janata Steel, the yard that had beached the vessel in 2016. The Department of Environment has also been directed to claim compensation from the yard for having violated national environmental rules.    

"The judgment is important in that it has expressly called the import, beaching and breaking permits illegal, and for the first time a breaker has been put off the breaking operation and the government has been given the steering. It is even more important because it has required the government to regulate the dubious roles of the cash buyers and restrict import from grey- and black-listed flag registries. This will surely make it difficult for the unscrupulous players to treat Bangladesh as a dumping ground."
Syeda Rizwana Hasan - Supreme Court lawyer and Director of Bangladesh Environmental Lawyers Association

Noting the plethora of illegalities and the lack of transparency in the sector, the Court directed authorities to i) subject cash buyers and agents to stricter scrutiny, including a detailed recording of their particulars, and to hold them accountable to the strictest sanctions; ii) regulate the import of vessels registered under “last voyage” grey- or black-listed flags which are particularly popular with cash buyers, including Comoros, Palau and St. Kits and Nevis, and; iii) ensure that no vessel is imported without proper verifiable pre-cleaning certificates and declarations of in-built hazardous wastes, and/or by yards that do not fully comply with the requirements for obtaining an Environmental Clearance.

 

Whilst the recent ruling on the illegal import of the North Sea Producer stresses the systemic illegalities of the entire ship breaking sector, and also highlights the deficiencies of local agencies responsible for the enforcement of environmental and labour laws, the illegal export of the vessel from the UK is still being investigated by UK environmental agency DEFRA. After winning the case on the illegal import and beaching of the North Sea Producer, owned by Danish A.P. Moeller Maersk and Brazilian Odebrecht, NGOs now urge the UK to hold the ship owners and cash buyer GMS accountable for the illegal export of the toxic FPSO. As previously reported, the North Sea Producer was allowed to leave the UK in 2016 based on claims that it would be further operationally used. 

"Providing fraudulent documentation in order to circumvent existing waste export bans is a criminal offence in Europe and internationally. Maersk and Odebrecht were well acquainted with cash buyer GMS’ notorious trafficking of waste ships. They were also well aware of the illegality of selling the vessel for scrapping in South Asia. This is not a case of poor human rights due diligence, but one where companies collude to earn big bucks on the back of people and the environment. We demand that authorities in the UK follow suit and establish the responsibility of all parties involved."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform
The North Sea Producer beached in Chattogram – © NGO Shipbreaking Platform

 

 

Platform publishes South Asia Quarterly Update #20

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There were a total of 122 ships broken in the third quarter of 2019. Of these, 73 ships were sold to the beaches of South Asia for dirty and dangerous breaking [1]. Between July and September, eleven workers have lost their lives and twenty were severely injured when breaking ships in Bangladesh and India. So far this year, the Platform has recorded 19 deaths and 30 severe injuries in South Asia.

 

 

 

Cutter helper Mamun Hossen (35) was killed on 3 July when he was crushed by a falling steel plate at Tahsin Steel Corp shipbreaking yard in Chattogram, Bangladesh. 

 

On 23 July, cutter man Shahidul (40) lost his life while working at Kabir Steel’s Khawja shipbreaking yard in Chattogram, Bangladesh. Shahidul was dismantling the container ship EVER UNION (IMO 9116618), owned by Taiwanese shipping giant Evergreen, when he fell from a great height. He died on the spot. Following the accident, the government imposed a three month ban on the import of end-of-life vessel on the yard, and has demanded that safety measures are taken. Already in 2018, Scandinavian investors withdrew their funds from Evergreen due to the company’s poor shipbreaking practices.

 

On 30 July, fitter men Nantu Hossen (24), Rasel Matabbor (25) and Chobidul (26) lost their lives due to a toxic gas leak on board the tanker MEDELIN ATLAS at Mak Corporation yard in Chattogram, Bangladesh. At least six other workers were severely injured. According to shipping databases, the vessel was sold for breaking by Indonesian ship owner Waruna Nusa Sentana. 

 

During the scrapping of the Greek-owned container ship CSL VIRGINIA (IMO 9289568) at Ziri shipbreaking yard in Bangladesh, a heavy cable collapsed on 31 August, hitting several workers at once. Aminul Islam (35) and Tushar Chakma (27) lost their lives. Thirteen other workers suffered severe injuries and were taken to Chattogram Medical College Hospital for treatment. 

 

The circumstances of two additional fatalities at the shipbreaking yards in Chattogram this quarter still remain unclear.

 

According to Indian media, two workers died on the shipbreaking beach of Alang in the last quarter. Two separate accidents took place at scrapping yards that have applied to be included in the EU list of approved ship recycling facilities and are promoted by the industry as “safe and green”. On 29 July, Subash Vishwakarma lost his life when a metal plate fell on his head at Priya Blue yard - Plot V1. On 3 September, an explosion during cutting operations caused the death of one worker and severely injured another worker at Shree Ram’s yard Plot 78/81. In September, Dutch TV revealed the dire working conditions at a yard owned by Priya Blue, and the trafficking of false inventories of hazardous materials to hide high levels of mercury onboard offshore units.

 

In the third quarter of 2019, Japanese, American and Greek ship owners sold the most ships to South Asian yards, followed by Indonesian and South Korean owners. 

 

Almost half 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 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 EU Ship Recycling Regulation. 

 

Criminal investigations have been launched by authorities in Europe following Platform alerts of imminent illegal exports of toxic end-of-life vessels. The case of the ferry SIR ROBERT BOND is, however, illustrative of the Canadian government’s lack of action. In the last two years, the ship was bought and sold several times: from the Canadian government to a peat moss producer in New Brunswick, to an agent in Quebec, who allegedly sold it for scrap to Indian breakers. In May, the Platform alerted competent authorities about the imminent illegal export of the vessel to South Asia from Canada. Despite authorities having been informed, the owner managed to illegally tow the unit to Alang, where it was beached a few weeks ago.

 

NOTES

 

[1] During the second quarter of 2019, the following number of vessels were broken in other locations: 35 in Turkey, 5 in China, 4 in Europe and 5 in the rest of the world.

 

Press Release – Documentary reveals SBM’s toxic trade of ships in Alang

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Dutch program Zembla recently released their investigation on SBM Offshore’s shipbreaking practices in South Asia. In a documentary shown on Dutch television, and now available on YouTube, Zembla reconstructs the last voyage and scrapping of the mercury-laden tanker YETAGUN, owned by the Dutch oil and gas multinational. 

 

Experts contracted by SBM Offshore warned the company about the high toxicity of the ship and that workers could inhale extremely dangerous mercury fumes during demolition, leading to lasting neurological damage or even death. E-mails and confidential documents obtained by Zembla show that SBM Offshore attempted to conceal the high concentration of mercury in the ship’s steel [1], in order to avoid clean-up costs. The gas tanker was sold for breaking to Hooghly Shipbreakers Ltd, a beaching yard in Alang, India [2].

 

The NGO Shipbreaking Platform, European Environmental Bureau (EEB) and Zero Mercury Group had warned Indian authorities of the breach of international waste laws, and urged India to halt the import of the contaminated ship. Despite an initial rejection, the permission to import the vessel was eventually given. The circumstances under which the beaching and breaking of the vessel were allowed are still unclear, but documents obtained by the Platform show that the Indian authorities admitted lacking capacity to detect mercury contamination beyond the slops.

 

In their statements to Zembla, SBM Offshore and Hooghly Shipbreakers maintain that the demolition was carried out in a safe way, and hold forth a so-called Statement of Compliance with the Hong Kong Convention and inspection report - both issued by Japanese classification society ClassNK - as evidence. However, undercover recordings and discussions with several workers that dismantled the YETAGUN reveal a shocking account of the actual conditions at the beaching yard. Workers are not provided with appropriate personal protective equipment and were completely unaware of the poisonous mercury contamination. Several stated that full safety gear is distributed only when inspections take place. Toxicologists that have reviewed the documents obtained by Zembla say it is impossible that no high levels of mercury were detected during cutting operations, as claimed by ClassNK.

 

It is not the first time that journalists visiting Indian shipbreaking yards unannounced and undercover document a reality that starkly contrasts with the industry efforts to greenwash beaching. In 2016, DanWatch revealed dire conditions at a yard Maersk, and ClassNK, had approved. Recently, also French TV brought back a similar account of Alang.

 

"We call upon Dutch and Indian authorities to further investigate the offence that has been committed. In the Netherlands, SBM Offshore risks prison sentence and heavy fines for having intentionally and unlawfully exposed workers to extremely toxic substances. In India, authorities cannot remain inactive towards an industry that clearly does not follow national laws on occupational health and safety and environmental protection."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

 

NOTES

 

[1] The YETAGUN operated in a gas field in Myanmar for years. Mercury is a naturally occurring element present in virtually all oil and gas fields. Concentrations are especially high in the South American and East Asian region. Mercury can contaminate the structure of offshore units and ballast waters.

 

[2] Hooghly Shipbreakers shares the same ownership with Priya Blue yard, which has recently been under the spotlight for a fatal accident. According to a local whistle-blower, the cash buyer involved in the sale of the YETAGUN was Best Oasis, a wholly owned subsidiary of Priya Blue Industries. It is not the first time SBM sells its old vessels to yards located on the dirty and dangerous beaches of South Asia. The FPSOs MARLIM SUL and FALCON ended up in Alang in 2017 and 2016 respectively. The STAR OLBA was scrapped in Chattogram, Bangladesh in 2015. 

Platform News – SAVE THE DATE: “With Bare Hands” on 3 October 2019 in Brussels

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Want to learn more about where our toxic waste ends up? What efforts are being made to stop it from causing harm to communities and the environment in the Global South? 

 

MO* Magazine, the NGO Shipbreaking Platform and its member organisation FIDH are organising a debate at the iconic Beursschouwburg in Brussels on 3 October. 

 

Come listen to, amongst others, the UN Special Rapporteur on Human Rights and Toxics, Baskut Tuncak; Goldman Prize winner and Bangladesh Supreme Court lawyer, Syeda Rizwana Hasan; Belgian Federal Police; and Members of the European Parliament talk about ways to prevent toxic trade. 

 

The debate will be followed by the performance With Bare Hands (Live): Life in Bangladesh's Shipbreaking Yards, written by Isacco Chiaf, Sharanya Deepak, Serenella Martufi and Caroline Massie.

 

Due to the limited number of seats available, the registration is mandatory. Participants can register here. 

 

 

Background 

 

After a slew of toxic trade disasters in the 1970’s and 1980’s, the international community rallied together to reject the free trade of hazardous materials, prompting the adoption of international treaties that aim at regulating transboundary waste flows. The laws are however easy to circumvent and the developed world’s waste still finds its way to developing counties for cheap and unsafe disposal. The impact of toxic waste dumping in these counties is devastating and severely harms both human health and the environment.

 

Electronic waste (e-waste) and end-of-life ships are amongst the most devastating toxic waste streams globally. The debate, which is part of the festival Quinzaine de la Solidarité Internationale - Veertiendaagse Internationale Solidariteit 2019, will address the global impact caused by the dumping of hazardous waste, focusing particularly on these two waste flows.

 

 

Practical info

 

Event Timing: 3 October 2019, 17:30 - 20:30

 

Event Address: Beursschouwburg - Goudenzaal, Rue Auguste Orts 20-28, 1000 Brussels