Massive Legal Win for Kebaowek First Nation And Allies Against Proposed
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Federal Court of Appeal Upholds Victory for Kebaowek First Nation
and Allies in “Species at Risk” Case Against Chalk River Nuclear Waste
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KIller Endosufan & Pesticides Management Bill
Written By mediavigil on Saturday, March 28, 2009 | 12:21 AM
Manmohan Singh puts profit of chemical industry before public health
Indian government is using the consensus procedures of the UN chemicals information treaty to hold the world to ransom becasue it is the world’s largest producer of endosulfan unmindful of the disastrous health consequences known to citizens especially through the irriversible environmental health crisis in Kerela.
Working at the behest of the Indian Chemical Council, a indutsry body, Indian government chose to remain consistent in its disregard for the adeverse health of hazardous chemicals by impeding the process of regulation and control of poisnous chemicals at the fifth meeting of Chemical Review Committee that happened in Rome during 23–27 March, 2009. Indian government's delegation was represented by G. K. Pandey, Adviser, Union Ministry of Environment and Forests. This Ministry is directly under the Prime Minister.
Government's pro-chemical industry approach is quite manifest in its positions taken at least two relevant UN chemicals management treaty. One, the Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for Certain Hazardous Chemicals and Pesticides in International Trade and the other being Stockholm Convention on Peristent Organic Pollutants.
Endosulfan is a known endocrine disruptor, and low dose exposure while in the womb is linked to male reproductive harm, autism, and birth defects. High dose exposures are acutely toxic, resulting in headaches, nausea and vomiting, seizures, and in extreme cases, unconsciousness and death. Endosulfan and its main breakdown product are also persistent environmental contaminants. Waterways near application sites are particularly threatened—for example, the EPA has estimated that after a typical endosulfan application to tomatoes, concentrations of endosulfan downstream can be up to 28 times higher than the level that is fatal to the average freshwater fish. Once released into the environment these residues take years to degrade, traveling many miles in the meanwhile. The European Union and over 20 other countries have already banned endosulfan and the US EPA is reconsidering whether its use should be permitted here.
The Chemical Review Committee of the Rotterdam Convention has been considering information on the banning of endosulfan by 9 West African countries - Burkina Faso, Cape Verde, Gambia, Mali, Mauritius, Niger and Senegal. These countries banned endosulfan because of the terrible health effects - many cotton farmers have died after using the highly toxic chemical – and environmental contamination.
All members of the committee, except one from India agreed that endosulfan should be listed under Annex 3 of the Rotterdam Convention, the UN treaty that helps countries to protect their borders and health of their people, through an internationally legally binding requirement for information exchange about import or export of hazardous chemicals.
Not surprisingly, the Indian government's delegation that has resorted to erecting procedural roadblocks and mounting unfounded legal objections comprised of representatives from the Indian Chemical Council. Indian government indulged did the same at the October 2008 meeting of the Rotterdam Convention to oppose listing of endosulfan in the PIC list of hazardous chemicals.
India has also opposed adding endosulfan to the Stockholm Convention where listing would trigger a global ban. Endosulfan is a dangerous and antiquated insecticide that communities around the world are working to eliminate.
USEPA data shows that all of us are routinely exposed to small amounts of endosulfan in the food we eat, with young children receiving the largest doses. Air monitoring studies has shown that people living, working, and going to school near fields where the chemical is used are also exposed by breathing contaminated air as it drifts from application sites.
The review committee of the Stockholm Convention on Persistent Organic Pollutants has agreed that endosulfan should be considered for addition to the list of chemicals banned globally under the treaty. Consideration of the chemical is expected to be a two-year scientific review process, with a final decision by government representatives in 2011. This UN treaty requires government-to-government notification when dangerous pesticides and other chemicals cross international borders.
Revealing its regressive and condemnable anti-public interest and pro-industry bias, in the case of silent killer, Chrysotile asbestos too Indian government did not let it be listed in annex III of the Rotterdam Convention "taking into account that the conference of the parties is not yet able to reach consensus on the whether to list chrysotile asbestos." The decision on chrysotile asbestos is being deferred to COP 5 of the Rotterdam Convention. As in the case of Endosulfan, even in asbestos case Indian government is acting on behalf of the Chrysotile asbestos industry of India, Russia, Canada and Kazakhastan. Clearly, the position of Sonia Gandhi led UPA government is anti-people and is not based on science, but on blind commerce and immoral politics.
NOtably, a 35 page Pesticides Management Bill, 2008 is pending in the Parliament. This Bill would replace the existing Insecticides Act, 1968. The Bill was introduced by Sharad Pawar on 21st October, 2008 and it was referred to the Standing Committee on Agriculture on 30th October, 2008 which sumitted its report to both the houses of the parliament on February 18, 2009.
The salient features of the proposed Bill include improving the quality of pesticides available to Indian farmers and introduce new, safe and efficacious pesticides, more effective regulation of import, manufacture, export, sale, transport, distribution and use of pesticides, to prevent risk to human beings, animals, or environment, detailed categorization of offences and punishments for greater deterrence to violators, de-licensing of retail sale of household insecticides and timely disposal of time-barred pesticides in an environmentally safe manner. The proposed Bill should have taken the opportunity to outlaw the use of pesticides in the country.
Indian government is using the consensus procedures of the UN chemicals information treaty to hold the world to ransom becasue it is the world’s largest producer of endosulfan unmindful of the disastrous health consequences known to citizens especially through the irriversible environmental health crisis in Kerela.
Working at the behest of the Indian Chemical Council, a indutsry body, Indian government chose to remain consistent in its disregard for the adeverse health of hazardous chemicals by impeding the process of regulation and control of poisnous chemicals at the fifth meeting of Chemical Review Committee that happened in Rome during 23–27 March, 2009. Indian government's delegation was represented by G. K. Pandey, Adviser, Union Ministry of Environment and Forests. This Ministry is directly under the Prime Minister.
Government's pro-chemical industry approach is quite manifest in its positions taken at least two relevant UN chemicals management treaty. One, the Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for Certain Hazardous Chemicals and Pesticides in International Trade and the other being Stockholm Convention on Peristent Organic Pollutants.
Endosulfan is a known endocrine disruptor, and low dose exposure while in the womb is linked to male reproductive harm, autism, and birth defects. High dose exposures are acutely toxic, resulting in headaches, nausea and vomiting, seizures, and in extreme cases, unconsciousness and death. Endosulfan and its main breakdown product are also persistent environmental contaminants. Waterways near application sites are particularly threatened—for example, the EPA has estimated that after a typical endosulfan application to tomatoes, concentrations of endosulfan downstream can be up to 28 times higher than the level that is fatal to the average freshwater fish. Once released into the environment these residues take years to degrade, traveling many miles in the meanwhile. The European Union and over 20 other countries have already banned endosulfan and the US EPA is reconsidering whether its use should be permitted here.
The Chemical Review Committee of the Rotterdam Convention has been considering information on the banning of endosulfan by 9 West African countries - Burkina Faso, Cape Verde, Gambia, Mali, Mauritius, Niger and Senegal. These countries banned endosulfan because of the terrible health effects - many cotton farmers have died after using the highly toxic chemical – and environmental contamination.
All members of the committee, except one from India agreed that endosulfan should be listed under Annex 3 of the Rotterdam Convention, the UN treaty that helps countries to protect their borders and health of their people, through an internationally legally binding requirement for information exchange about import or export of hazardous chemicals.
Not surprisingly, the Indian government's delegation that has resorted to erecting procedural roadblocks and mounting unfounded legal objections comprised of representatives from the Indian Chemical Council. Indian government indulged did the same at the October 2008 meeting of the Rotterdam Convention to oppose listing of endosulfan in the PIC list of hazardous chemicals.
India has also opposed adding endosulfan to the Stockholm Convention where listing would trigger a global ban. Endosulfan is a dangerous and antiquated insecticide that communities around the world are working to eliminate.
USEPA data shows that all of us are routinely exposed to small amounts of endosulfan in the food we eat, with young children receiving the largest doses. Air monitoring studies has shown that people living, working, and going to school near fields where the chemical is used are also exposed by breathing contaminated air as it drifts from application sites.
The review committee of the Stockholm Convention on Persistent Organic Pollutants has agreed that endosulfan should be considered for addition to the list of chemicals banned globally under the treaty. Consideration of the chemical is expected to be a two-year scientific review process, with a final decision by government representatives in 2011. This UN treaty requires government-to-government notification when dangerous pesticides and other chemicals cross international borders.
Revealing its regressive and condemnable anti-public interest and pro-industry bias, in the case of silent killer, Chrysotile asbestos too Indian government did not let it be listed in annex III of the Rotterdam Convention "taking into account that the conference of the parties is not yet able to reach consensus on the whether to list chrysotile asbestos." The decision on chrysotile asbestos is being deferred to COP 5 of the Rotterdam Convention. As in the case of Endosulfan, even in asbestos case Indian government is acting on behalf of the Chrysotile asbestos industry of India, Russia, Canada and Kazakhastan. Clearly, the position of Sonia Gandhi led UPA government is anti-people and is not based on science, but on blind commerce and immoral politics.
NOtably, a 35 page Pesticides Management Bill, 2008 is pending in the Parliament. This Bill would replace the existing Insecticides Act, 1968. The Bill was introduced by Sharad Pawar on 21st October, 2008 and it was referred to the Standing Committee on Agriculture on 30th October, 2008 which sumitted its report to both the houses of the parliament on February 18, 2009.
The salient features of the proposed Bill include improving the quality of pesticides available to Indian farmers and introduce new, safe and efficacious pesticides, more effective regulation of import, manufacture, export, sale, transport, distribution and use of pesticides, to prevent risk to human beings, animals, or environment, detailed categorization of offences and punishments for greater deterrence to violators, de-licensing of retail sale of household insecticides and timely disposal of time-barred pesticides in an environmentally safe manner. The proposed Bill should have taken the opportunity to outlaw the use of pesticides in the country.
Bangladesh High Court Halts Deadly Shipbreaking on its Beaches
Written By mediavigil on Thursday, March 19, 2009 | 10:55 PM
+88 02 8612957, bela@bangla.net+1 206.652.5555 jpuckett@ban.org+32 2 6094 419 / +32 485 190 920,ingvild@shipbreakingplatform.orgVictory for Safe Jobs and the Environment
Dhaka, 18 March 2009: As a result of a petition filed by the Bangladesh Environmental Lawyers Association (BELA), the Bangladeshi High Court has directed the Department of Environment (DoE) to ensure that all shipbreaking yards operating without environmental clearance close their operations within two weeks. None of the 36 shipbreaking yards in Chittagong currently have an environmental clearance. The decision effectively shuts down an industry that has been highly criticized by environmentalists and human rights activists for operating with complete disregard for the law, human health and the environment for many years. The court also ordered that no ship listed on the “Greenpeace list” of dangerous ships can be allowed into the country. BELA and Greenpeace are member organizations of the NGO Platform on Shipbreaking, a global coalition working to promote safe and environmentally sound ship recycling.
The Court further ordered that no end-of-life vessel shall be imported by Bangladeshi shipbreakers without having been pre-cleaned of hazardous materials such as asbestos, PCBs, heavy metals and oily sludges before arriving in Bangladesh. This “pre-cleaning” requirement is in accord with Bangladesh’s national toxic waste import ban as well as its responsibilities as a Party to the Basel Convention -- a UN treaty which decided in 1995 to ban the export of toxic wastes to developing countries for any reason. Pre-cleaning has been one of the demands of the NGO Platform on Shipbreaking in order to avoid developing countries receiving a deadly and disproportionate burden of toxic ship waste from the global shipping industry.
“This decision to finally enforce existing international and Bangladeshi law on this very dangerous and damaging industry is long overdue,” said Rizwana Hassan of BELA. “There are ways to import and recycle steel without having to accept the gross pollution of our fragile coastal zone, nor the exploitation and extremely dangerous working conditions that have killed so many of our young men,” said Rizwana Hassan from BELA.
The Court decision was based on a startling report submitted by the Department of Environment (DoE) on 11 December 2008 which revealed that none of the 36 shipbreaking yards operating on the beaches near Chittagong, Bangladesh, have the required environmental clearance. The Court stated that it was appalled to learn that the Department of Shipping has illegally facilitated the import of toxic ships and has directed the Ministry of Environment to frame, within three months, necessary rules on ship breaking based on the obligations of Bangladesh under the Basel Convention, the Environment Conservation Act and the Environment Conservation Rules. It also called for the formation of a committee to monitor the implementation process.
Currently minimum age requirements, trade union rights and safety regulations are completely disregarded on the yards. New rules for shipbreaking must take into account the International Labour Organisation Conventions ratified by Bangladesh which to date are ignored.
The decision comes just a few months before the adoption of a new Convention on Ship Recycling negotiated by the International Maritime Organization that has been roundly criticized for doing far too little to prevent toxic ship scrapping on South Asian beaches.
“This ruling sends an unmistakable signal that Bangladesh will no longer compromise the welfare of its poorest workers, nor its environment for the sake of narrow industrial interests that refuse to recognize that it is impossible to safely dismantle ships containing toxic wastes on a tidal beach,” said Jim Puckett, Coordinator of the Basel Action Network, a Basel Convention watchdog group and member organization of the NGO Platform. “It is indeed time for the rest of the world and in particular the International Maritime Organization to similarly draw a line in the sand demand an end to the dumping of toxic ships on the beaches of the poorest countries of the world,” he said.
For more information:
Rizwana Hassan of BELA, for legal situation in Bangladesh: +88 02 8612957, bela@bangla.net
Jim Puckett, Basel Action Network, in Seattle: +1 206.652.5555 jpuckett@ban.org
Ingvild Jennsen of the NGO Platform on Shipbreaking: +32 2 6094 419 / +32 485 190 920,ingvild@shipbreakingplatform.org
(Photographs by: Mohammad Ali)
Environmental compliance is the key
WE applaud the recent High Court directive to the government to immediately shutter operations of all the nation's 36 ship-breaking yards for operating without proper environmental clearance, and hope that the industry will at long last finally take corrective measures and bring itself into compliance with the law of the land.
This court order is long overdue. Simply put, the industry has been operating in blatant defiance of the most basic environmental regulations that are on the books. The court has done nothing more than order compliance with the existing law, and no one can have any complaint if laws are implemented as they should be.
The way the industry is run is highly dangerous and polluting one and one that is linked to all kinds of abuses. Nevertheless, mindful of the fact that the metal salvaged from ship-breaking is key to our own steel industry, and that ship-breaking provides foreign exchange and jobs, we want the industry to be saved from wrongful exploitation leading to its ruination.
If ship-breaking continues in Bangladesh it must be done under stringent conditions and with close regulatory oversight against abuse and environmental damage.
Many argue that we need to be even more vigilant and that the laws need to be even more stringent than they are today. But what is incontrovertible and unacceptable is that even the minimal existing environmental regulations have been contemptuously ignored by every single one of the 36 ship-breaking yards operating in the country.
Industries that provide profits and jobs at the expense of the environment ultimately do more harm than good. The decision to enforce the law to save ourselves from the toxic effects of non-compliance is a good one. Let us now hope that the court order is respected and that in future all environmental regulations in this industry are followed to the letter.
19 March, 2009
The Daily Star
Ship-breaking ordered shut
18 March, 2009
HC gives 2 weeks for closure as none of 36 yards has environmental clearance; asks govt to ensure no toxic ship enters territory.
The High Court has directed the government to close in two weeks operation of all ship-breaking yards for running without environmental clearance.
None of the existing 36 ship-breaking yards, which are identified as category Red [extremely dangerous], has taken or applied for environmental clearance from the government, reveals a report submitted to the court by the Department of Environment.
The HC considering the country's environmental degradation also ordered that no ship would enter Bangladesh territory for breaking without cleaning its hazardous materials at source or outside the territory.
The HC bench of Justice Md Iman Ali and Justice Sheikh Abdul Awal gave the directives following a writ filed by Bangladesh Environmental Lawyers Association (BELA).
The court also clearly imposed a bar on any Greenpeace listed toxic ship's entry into the waters of Bangladesh.
The court ordered the DoE to implement the directives within two weeks from receiving the order and directed the government to form a committee to monitor the implementation process.
As per the HC order, no ship-breaking operation will take place from now on without environmental clearance. The government has to ensure that ships are broken after safe working condition for the workers is guaranteed and shipyards have appropriate disposal arrangements for hazardous waste and protection of environment.
The Court expressing utter dismay has observed that none of the ministries has cooperated to ensure compliance with the environmental laws. Besides, the Department of Shipping has always taken interest in importing more and more ships ignoring public interest, workers' welfare and environmental protection, the court observed.
The court also directed the ministry of Environment and Forest to frame within three months necessary rules on ship-breaking relying on the obligations of Bangladesh under the Basel Convention, 1989, the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997.
The ministry has been ordered to inform the court after three months the status of framing of the rules.
Some 30,000 workers are engaged in ship scrapping in Chittagong's Sitakunda, which houses the world's second largest ship-breaking industry after China. At least 250,000 people in the country live off the industry directly and indirectly, according to experts.
Last year 84 vessels were scrapped in Sitakunda. Scrapping a ship takes one month to one and a half months depending on its size.
According to an International Labour Organisation report, 551 minor and 42 major accidents took place in the country's 36 ship-breaking outfits from 1996 to 1998.
The recent report of a survey conducted by two internationally reputed organisations, Greenpeace and International Federation for Human Rights (FIDH), says on average at least one worker is injured a day and one dies a week.
The report styled "The Human Cost of Breaking Ships" published last December simultaneously from Bangladesh, India and Switzerland says at least 1,000 workers died in the last 20 years in Bangladesh's ship-breaking yards. The figures do not include the deaths from diseases caused by toxic fumes and materials workers are exposed to all the time.
Globally some 700 ships are scrapped a year, mainly in five countries --China, Bangladesh, India, Pakistan and Vietnam -- and some in Turkey too, says a Greenpeace source.
With the global fleet growing fast, from 15,000 ships in the 1960s to 62,000 in 2000, and with the ships built before 1970 being sorted out for decommissioning, the number of ships to be condemned for scrapping will also rise in future.
The Daily Star carried out reports about all those Greenpeace listed ships even before entering the country's territory and dismantling.
THE PETITION
The lawyers' association filed the writ in September last year, challenging entry of Greenpeace listed ship MT Enterprise into Bangladesh territory. Earlier, two such ships -- MT Alfaship and SS Norway -- were however denied entry into Bangladesh waters.
Following the court directives yesterday, BELA in an instant petition sought further judicial intervention for direction upon the government to frame rules and regulate ship-breaking. The association alleged that the government was reluctant in compliance with the earlier judgment pronounced on July 6, 2006 in the case of MT Alfaship by another HC bench.
The court also asked the respective respondents to convey the court orders to shipyards by special messengers so that there is no delay in complying with those.
The matter will appear for order on April 7 when the DoE will have to inform the court the progress made in closing the non-compliant yards and operation.
The BELA petition was moved by former attorney general Fida M Kamal with assistance from S Rizwana Hasan, Bahreen Khan and Iqbal Kabir.
Meanwhile, SM Al Mamun, son of Awami League lawmaker Abul Kashem Master, destroyed 125 acres of Para forest in Sonaichhari, planted 18 years ago, to build a shipyard after the AL came to power.
Bangaldesh order of 2008
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORGINAL JURISDICTION)
IN THE MATTER OF:
An application under Article 102(2)(a)(i) and (ii) of the Constitution of the People’s Republic of Bangladesh.
And
IN THE MATTER OF:
Bangladesh Environmental Lawyers Association (BELA), represented by its Director (Prgrams) Syeda Rizwana Hasan, having office at House No. 15A, Road No. 3, Dhanmondi R/A, Dhaka 1205.
.... Petition.
Versus
Bangladesh, represented by the Secretary, Ministry of Shipping Bangladesh Secretariat, Ramna, Dhaka others.
.... Respondents.
Mr. Fida M. Kamal with
Mr. M. Iqbal Kabir, Advocate
... For the Petition.
Ms. Syeda Rizwana Hasan, Advocate
... In Persons.
Mr. Md. Nazrul Islam Talukder, Deputy Attorney General with
Ms. Nowazish Ara Begum, Assistant Attorney General.
.... For the respondent No. 6.
Mr. Md. Oziullah with
Ms. Amatul Karim, Advocate.
.... For the respondent No. 17.
Ms. Fawzia Karim Firoze, Advocate.
.... For the respondent No. 8.
Heard on: 02.02.2009, 03.02.2009, 05.02.2009, 08.02.2009, 10.02.2009, 12.02.2009 & 23.02.2009.
Judgment on 05.03.2009 & 17.03.2009.
Present
Mr. Justice Md. Imman Ali
And
Mr. Justice Sheikh Abdul Awal.
(Operative Portion of Order).
In the light of the above, we draw the following conclusions;
With regard to import of vessels for scrapping generally;
1. Decommissioned sea-going vessels, including end-of-life single-hull oil tankers which have been destined for disposal/recycling, are being sent from European and other countries to be dismantled in Bangladesh without first being decontaminated of hazardous materials as is required by the Basel Convention.
2. Vessels enlisted in the Greenpeace list of vessels containing hazardous materials are being imported on false representation both by the sellers as well as by the importers.
3. Ministry of Shipping through its Department of Shipping is allowing import of hazardous waste (namely vessels meant for scrapping which are classified as waste within the meaning of the Basel Convention) and vessels containing hazardous materials, without proper scrutiny, in flagrant disregard to the safety and security of workers in the shipbreaking yards as well as demonstrating blatant indifference to the integrity of the environment and humans who live in the vicinity of the shipbreaking yards and other citizens of the country and having no consideration for the flora and fauna and ecological balance which are also seriously affected by toxic pollutants generated by the dismantling process.
Import of vessel MT Enterprise:
1. Respondent No. 17, Madina Enterprise initially obtained the NOC for import of vessel MT Enterprise from the Department of shipping by misrepresenting the fact that the vessel was not enlisted on the Greenpeace list of vessels containing hazardous materials, and that it did not contain any hazardous materials.
2. The Department of Shipping issued the NOC for the import of MT Enterprise without exercising due diligence, in a manner which can be termed as subterfuge.
3. The Survey Committee appointed by the Department of Shipping was not representative of the relevant persons, inasmuch as the Department of environment, being a vital component, was totally ignored.
4. The terms of reference of the Survey commissioned by the Department of Shipping appears to be self-serving, motivated and misconceived and does not reflect the real purpose of such survey. The test applied was illogical and the findings of the Committee are unacceptable in view of independent reports regarding similar oil tankers, which lead us to doubt the bona fides of the intention of those instigating and conducting the survey.
5. Having found that at least some hazardous materials exist on board, it was inappropriate to allow the vessel to beach without first ascertaining the capability of the ship breaker to handle the hazardous materials adequately ensuring the safety of the workers and wellbeing of the environment.
6. The way in which the earlier writ petition, W. P. No. 6262 of 2008, was caused to be disposed and the way in which the cancellation of the NOC was withdrawn, as if the Court ordered the withdrawal, was demonstration of ingenuity on the part of the Department of Shipping.
With regard to shipbreaking yards operating without prior clearance certificates;
1. Shipbreaking is an industry as defined in section 2(61) of the evsjv‡`k kªg AvBb, 2006|
2. Admittedly, respondent No. 17, Madina Enterprise has dismantled the vessel MT Enterprise without obtaining any Environmental Clearance.
3. The Shipbreaking yards which are habitually allowing scrapping of vessels, which they import themselves or which are imported by others and are dismantled on their premises are required by law to obtain prior Environmental Clearance from the Department of Environment.
4. Where the premises are not ordinarily used for shipbreaking, but where importers scrap vessels imported by them, the importer is required to obtain prior Environmental Clearance to proceed with the scrapping as a project.
5. According to the report of the Ministry of Environment and Department of Environment 36 shipbreaking yards in the Chittagong area have been and are operating the process of dismantling ships and other sea-going vessels in flagrant violation of the existing laws of the land which require prior Environmental clearance from the Department of Environment.
5. The department of Environment has failed miserably in its duty to enforce the law, having all the powers to do so as given by the evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 and the Rules framed thereunder.
in view of the above conclusions, we hereby issue the following directions:
1. So far as the vessel M. T. Enterprise is concerned the injunction on further dismantling of the ship will continue until such time as the respondent No. 17 obtains a clearance certificate from the Department of Environment for the purpose of dismantling the remainder of the vessel.
2. The Ministry of Environment and Department of Environment are directed to immediately take steps to ensure closure of all shipbreaking yards which are operating without necessary Environmental Clearance as required by law.
3. The law-enforcing agencies, including the Police, Magistracy and local administration are directed to accord cooperation and assistance to the Department of Environment as enjoined by section 4(ka) of the evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 in ensuring the closures of shipbreaking yards operating without prior clearance from the Department of Environment.
4. The Department of Environment is directed to the compliance within 2(two) weeks giving details of what steps they have taken in this regard.
5. If and when the shipbreaking yards or any importer of any vessel apply for clearance certificate, then the Department of Environment shall deal with the application expeditiously and supply the clearance certificate only upon satisfaction that all the facilities required for proper dismantling of the vessels, taking into consideration whether safety measures for the workers and the conservation of the environment and in particular disposal of hazardous waste generated by the dismantling process, are in place.
6. The Ministry of Environment is hereby directed to frame Rules and regulations for the proper handling and management of hazardous materials and wastes, keeping in view the [evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 [Environment Conservation Act, 1995], the Rules framed thereunder, the Basel Convention, 1989 the Factories Act, 1965 and evsjv‡`k kªg AvBb [Labour Act, 2006]
7. Thereafter the Ministry of Environment is directed to file compliance in this regard within 3(three) months from receiving a copy of the judgment.
8. The Ministry of Shipping and Department of Shipping are directed to ensure that hazardous vessels enlisted in the Greenpeace list of vessels containing hazardous materials are not imported into the country and when such vessels are imported after having been decontaminated at source or outside the territory of Bangladesh, that prior Environmental clearance has been obtained on showing that adequate safety and precautionary measures have been taken for their dismantling in accordance with law.
9. The Government is directed to set up a High Level Technical Committee comprising representatives from the Ministry/Department of Shipping, the Ministry/Department of Environment, Ministry of Labour and Manpower, Retired Naval officers, Academicians/Experts in the field of Marine Engineering, Marine Biology Specialists in the field of Environment, Soil Science and Ecology, Hazardous Waste Management and relevant NGOs, such as BELA.
Let the concluding portion of the Judgment and order along with the directions above be communicated to the respondents namely, respondent No. 5, Secretary, Ministry of Environment and Forest respondent No. 6, Director General, Department of Environment, respondent No. 1, Secretary, Ministry of Shipping, respondent No. 8, Director General, Department of Shipping, and respondent No. 17, Proprietor, Madina Enterprise at once by a special Messenger of this Court at the cost of the petitioner.
Md. Imman Ali
Sk. A. Awal.
Dhaka, 18 March 2009: As a result of a petition filed by the Bangladesh Environmental Lawyers Association (BELA), the Bangladeshi High Court has directed the Department of Environment (DoE) to ensure that all shipbreaking yards operating without environmental clearance close their operations within two weeks. None of the 36 shipbreaking yards in Chittagong currently have an environmental clearance. The decision effectively shuts down an industry that has been highly criticized by environmentalists and human rights activists for operating with complete disregard for the law, human health and the environment for many years. The court also ordered that no ship listed on the “Greenpeace list” of dangerous ships can be allowed into the country. BELA and Greenpeace are member organizations of the NGO Platform on Shipbreaking, a global coalition working to promote safe and environmentally sound ship recycling.
The Court further ordered that no end-of-life vessel shall be imported by Bangladeshi shipbreakers without having been pre-cleaned of hazardous materials such as asbestos, PCBs, heavy metals and oily sludges before arriving in Bangladesh. This “pre-cleaning” requirement is in accord with Bangladesh’s national toxic waste import ban as well as its responsibilities as a Party to the Basel Convention -- a UN treaty which decided in 1995 to ban the export of toxic wastes to developing countries for any reason. Pre-cleaning has been one of the demands of the NGO Platform on Shipbreaking in order to avoid developing countries receiving a deadly and disproportionate burden of toxic ship waste from the global shipping industry.
“This decision to finally enforce existing international and Bangladeshi law on this very dangerous and damaging industry is long overdue,” said Rizwana Hassan of BELA. “There are ways to import and recycle steel without having to accept the gross pollution of our fragile coastal zone, nor the exploitation and extremely dangerous working conditions that have killed so many of our young men,” said Rizwana Hassan from BELA.
The Court decision was based on a startling report submitted by the Department of Environment (DoE) on 11 December 2008 which revealed that none of the 36 shipbreaking yards operating on the beaches near Chittagong, Bangladesh, have the required environmental clearance. The Court stated that it was appalled to learn that the Department of Shipping has illegally facilitated the import of toxic ships and has directed the Ministry of Environment to frame, within three months, necessary rules on ship breaking based on the obligations of Bangladesh under the Basel Convention, the Environment Conservation Act and the Environment Conservation Rules. It also called for the formation of a committee to monitor the implementation process.
Currently minimum age requirements, trade union rights and safety regulations are completely disregarded on the yards. New rules for shipbreaking must take into account the International Labour Organisation Conventions ratified by Bangladesh which to date are ignored.
The decision comes just a few months before the adoption of a new Convention on Ship Recycling negotiated by the International Maritime Organization that has been roundly criticized for doing far too little to prevent toxic ship scrapping on South Asian beaches.
“This ruling sends an unmistakable signal that Bangladesh will no longer compromise the welfare of its poorest workers, nor its environment for the sake of narrow industrial interests that refuse to recognize that it is impossible to safely dismantle ships containing toxic wastes on a tidal beach,” said Jim Puckett, Coordinator of the Basel Action Network, a Basel Convention watchdog group and member organization of the NGO Platform. “It is indeed time for the rest of the world and in particular the International Maritime Organization to similarly draw a line in the sand demand an end to the dumping of toxic ships on the beaches of the poorest countries of the world,” he said.
For more information:
Rizwana Hassan of BELA, for legal situation in Bangladesh: +88 02 8612957, bela@bangla.net
Jim Puckett, Basel Action Network, in Seattle: +1 206.652.5555 jpuckett@ban.org
Ingvild Jennsen of the NGO Platform on Shipbreaking: +32 2 6094 419 / +32 485 190 920,ingvild@shipbreakingplatform.org
(Photographs by: Mohammad Ali)
Environmental compliance is the key
WE applaud the recent High Court directive to the government to immediately shutter operations of all the nation's 36 ship-breaking yards for operating without proper environmental clearance, and hope that the industry will at long last finally take corrective measures and bring itself into compliance with the law of the land.
This court order is long overdue. Simply put, the industry has been operating in blatant defiance of the most basic environmental regulations that are on the books. The court has done nothing more than order compliance with the existing law, and no one can have any complaint if laws are implemented as they should be.
The way the industry is run is highly dangerous and polluting one and one that is linked to all kinds of abuses. Nevertheless, mindful of the fact that the metal salvaged from ship-breaking is key to our own steel industry, and that ship-breaking provides foreign exchange and jobs, we want the industry to be saved from wrongful exploitation leading to its ruination.
If ship-breaking continues in Bangladesh it must be done under stringent conditions and with close regulatory oversight against abuse and environmental damage.
Many argue that we need to be even more vigilant and that the laws need to be even more stringent than they are today. But what is incontrovertible and unacceptable is that even the minimal existing environmental regulations have been contemptuously ignored by every single one of the 36 ship-breaking yards operating in the country.
Industries that provide profits and jobs at the expense of the environment ultimately do more harm than good. The decision to enforce the law to save ourselves from the toxic effects of non-compliance is a good one. Let us now hope that the court order is respected and that in future all environmental regulations in this industry are followed to the letter.
19 March, 2009
The Daily Star
Ship-breaking ordered shut
18 March, 2009
HC gives 2 weeks for closure as none of 36 yards has environmental clearance; asks govt to ensure no toxic ship enters territory.
The High Court has directed the government to close in two weeks operation of all ship-breaking yards for running without environmental clearance.
None of the existing 36 ship-breaking yards, which are identified as category Red [extremely dangerous], has taken or applied for environmental clearance from the government, reveals a report submitted to the court by the Department of Environment.
The HC considering the country's environmental degradation also ordered that no ship would enter Bangladesh territory for breaking without cleaning its hazardous materials at source or outside the territory.
The HC bench of Justice Md Iman Ali and Justice Sheikh Abdul Awal gave the directives following a writ filed by Bangladesh Environmental Lawyers Association (BELA).
The court also clearly imposed a bar on any Greenpeace listed toxic ship's entry into the waters of Bangladesh.
The court ordered the DoE to implement the directives within two weeks from receiving the order and directed the government to form a committee to monitor the implementation process.
As per the HC order, no ship-breaking operation will take place from now on without environmental clearance. The government has to ensure that ships are broken after safe working condition for the workers is guaranteed and shipyards have appropriate disposal arrangements for hazardous waste and protection of environment.
The Court expressing utter dismay has observed that none of the ministries has cooperated to ensure compliance with the environmental laws. Besides, the Department of Shipping has always taken interest in importing more and more ships ignoring public interest, workers' welfare and environmental protection, the court observed.
The court also directed the ministry of Environment and Forest to frame within three months necessary rules on ship-breaking relying on the obligations of Bangladesh under the Basel Convention, 1989, the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997.
The ministry has been ordered to inform the court after three months the status of framing of the rules.
Some 30,000 workers are engaged in ship scrapping in Chittagong's Sitakunda, which houses the world's second largest ship-breaking industry after China. At least 250,000 people in the country live off the industry directly and indirectly, according to experts.
Last year 84 vessels were scrapped in Sitakunda. Scrapping a ship takes one month to one and a half months depending on its size.
According to an International Labour Organisation report, 551 minor and 42 major accidents took place in the country's 36 ship-breaking outfits from 1996 to 1998.
The recent report of a survey conducted by two internationally reputed organisations, Greenpeace and International Federation for Human Rights (FIDH), says on average at least one worker is injured a day and one dies a week.
The report styled "The Human Cost of Breaking Ships" published last December simultaneously from Bangladesh, India and Switzerland says at least 1,000 workers died in the last 20 years in Bangladesh's ship-breaking yards. The figures do not include the deaths from diseases caused by toxic fumes and materials workers are exposed to all the time.
Globally some 700 ships are scrapped a year, mainly in five countries --China, Bangladesh, India, Pakistan and Vietnam -- and some in Turkey too, says a Greenpeace source.
With the global fleet growing fast, from 15,000 ships in the 1960s to 62,000 in 2000, and with the ships built before 1970 being sorted out for decommissioning, the number of ships to be condemned for scrapping will also rise in future.
The Daily Star carried out reports about all those Greenpeace listed ships even before entering the country's territory and dismantling.
THE PETITION
The lawyers' association filed the writ in September last year, challenging entry of Greenpeace listed ship MT Enterprise into Bangladesh territory. Earlier, two such ships -- MT Alfaship and SS Norway -- were however denied entry into Bangladesh waters.
Following the court directives yesterday, BELA in an instant petition sought further judicial intervention for direction upon the government to frame rules and regulate ship-breaking. The association alleged that the government was reluctant in compliance with the earlier judgment pronounced on July 6, 2006 in the case of MT Alfaship by another HC bench.
The court also asked the respective respondents to convey the court orders to shipyards by special messengers so that there is no delay in complying with those.
The matter will appear for order on April 7 when the DoE will have to inform the court the progress made in closing the non-compliant yards and operation.
The BELA petition was moved by former attorney general Fida M Kamal with assistance from S Rizwana Hasan, Bahreen Khan and Iqbal Kabir.
Meanwhile, SM Al Mamun, son of Awami League lawmaker Abul Kashem Master, destroyed 125 acres of Para forest in Sonaichhari, planted 18 years ago, to build a shipyard after the AL came to power.
Bangaldesh order of 2008
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORGINAL JURISDICTION)
IN THE MATTER OF:
An application under Article 102(2)(a)(i) and (ii) of the Constitution of the People’s Republic of Bangladesh.
And
IN THE MATTER OF:
Bangladesh Environmental Lawyers Association (BELA), represented by its Director (Prgrams) Syeda Rizwana Hasan, having office at House No. 15A, Road No. 3, Dhanmondi R/A, Dhaka 1205.
.... Petition.
Versus
Bangladesh, represented by the Secretary, Ministry of Shipping Bangladesh Secretariat, Ramna, Dhaka others.
.... Respondents.
Mr. Fida M. Kamal with
Mr. M. Iqbal Kabir, Advocate
... For the Petition.
Ms. Syeda Rizwana Hasan, Advocate
... In Persons.
Mr. Md. Nazrul Islam Talukder, Deputy Attorney General with
Ms. Nowazish Ara Begum, Assistant Attorney General.
.... For the respondent No. 6.
Mr. Md. Oziullah with
Ms. Amatul Karim, Advocate.
.... For the respondent No. 17.
Ms. Fawzia Karim Firoze, Advocate.
.... For the respondent No. 8.
Heard on: 02.02.2009, 03.02.2009, 05.02.2009, 08.02.2009, 10.02.2009, 12.02.2009 & 23.02.2009.
Judgment on 05.03.2009 & 17.03.2009.
Present
Mr. Justice Md. Imman Ali
And
Mr. Justice Sheikh Abdul Awal.
(Operative Portion of Order).
In the light of the above, we draw the following conclusions;
With regard to import of vessels for scrapping generally;
1. Decommissioned sea-going vessels, including end-of-life single-hull oil tankers which have been destined for disposal/recycling, are being sent from European and other countries to be dismantled in Bangladesh without first being decontaminated of hazardous materials as is required by the Basel Convention.
2. Vessels enlisted in the Greenpeace list of vessels containing hazardous materials are being imported on false representation both by the sellers as well as by the importers.
3. Ministry of Shipping through its Department of Shipping is allowing import of hazardous waste (namely vessels meant for scrapping which are classified as waste within the meaning of the Basel Convention) and vessels containing hazardous materials, without proper scrutiny, in flagrant disregard to the safety and security of workers in the shipbreaking yards as well as demonstrating blatant indifference to the integrity of the environment and humans who live in the vicinity of the shipbreaking yards and other citizens of the country and having no consideration for the flora and fauna and ecological balance which are also seriously affected by toxic pollutants generated by the dismantling process.
Import of vessel MT Enterprise:
1. Respondent No. 17, Madina Enterprise initially obtained the NOC for import of vessel MT Enterprise from the Department of shipping by misrepresenting the fact that the vessel was not enlisted on the Greenpeace list of vessels containing hazardous materials, and that it did not contain any hazardous materials.
2. The Department of Shipping issued the NOC for the import of MT Enterprise without exercising due diligence, in a manner which can be termed as subterfuge.
3. The Survey Committee appointed by the Department of Shipping was not representative of the relevant persons, inasmuch as the Department of environment, being a vital component, was totally ignored.
4. The terms of reference of the Survey commissioned by the Department of Shipping appears to be self-serving, motivated and misconceived and does not reflect the real purpose of such survey. The test applied was illogical and the findings of the Committee are unacceptable in view of independent reports regarding similar oil tankers, which lead us to doubt the bona fides of the intention of those instigating and conducting the survey.
5. Having found that at least some hazardous materials exist on board, it was inappropriate to allow the vessel to beach without first ascertaining the capability of the ship breaker to handle the hazardous materials adequately ensuring the safety of the workers and wellbeing of the environment.
6. The way in which the earlier writ petition, W. P. No. 6262 of 2008, was caused to be disposed and the way in which the cancellation of the NOC was withdrawn, as if the Court ordered the withdrawal, was demonstration of ingenuity on the part of the Department of Shipping.
With regard to shipbreaking yards operating without prior clearance certificates;
1. Shipbreaking is an industry as defined in section 2(61) of the evsjv‡`k kªg AvBb, 2006|
2. Admittedly, respondent No. 17, Madina Enterprise has dismantled the vessel MT Enterprise without obtaining any Environmental Clearance.
3. The Shipbreaking yards which are habitually allowing scrapping of vessels, which they import themselves or which are imported by others and are dismantled on their premises are required by law to obtain prior Environmental Clearance from the Department of Environment.
4. Where the premises are not ordinarily used for shipbreaking, but where importers scrap vessels imported by them, the importer is required to obtain prior Environmental Clearance to proceed with the scrapping as a project.
5. According to the report of the Ministry of Environment and Department of Environment 36 shipbreaking yards in the Chittagong area have been and are operating the process of dismantling ships and other sea-going vessels in flagrant violation of the existing laws of the land which require prior Environmental clearance from the Department of Environment.
5. The department of Environment has failed miserably in its duty to enforce the law, having all the powers to do so as given by the evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 and the Rules framed thereunder.
in view of the above conclusions, we hereby issue the following directions:
1. So far as the vessel M. T. Enterprise is concerned the injunction on further dismantling of the ship will continue until such time as the respondent No. 17 obtains a clearance certificate from the Department of Environment for the purpose of dismantling the remainder of the vessel.
2. The Ministry of Environment and Department of Environment are directed to immediately take steps to ensure closure of all shipbreaking yards which are operating without necessary Environmental Clearance as required by law.
3. The law-enforcing agencies, including the Police, Magistracy and local administration are directed to accord cooperation and assistance to the Department of Environment as enjoined by section 4(ka) of the evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 in ensuring the closures of shipbreaking yards operating without prior clearance from the Department of Environment.
4. The Department of Environment is directed to the compliance within 2(two) weeks giving details of what steps they have taken in this regard.
5. If and when the shipbreaking yards or any importer of any vessel apply for clearance certificate, then the Department of Environment shall deal with the application expeditiously and supply the clearance certificate only upon satisfaction that all the facilities required for proper dismantling of the vessels, taking into consideration whether safety measures for the workers and the conservation of the environment and in particular disposal of hazardous waste generated by the dismantling process, are in place.
6. The Ministry of Environment is hereby directed to frame Rules and regulations for the proper handling and management of hazardous materials and wastes, keeping in view the [evsjv‡`k cwi‡ek msi¶Y AvBb, 1995 [Environment Conservation Act, 1995], the Rules framed thereunder, the Basel Convention, 1989 the Factories Act, 1965 and evsjv‡`k kªg AvBb [Labour Act, 2006]
7. Thereafter the Ministry of Environment is directed to file compliance in this regard within 3(three) months from receiving a copy of the judgment.
8. The Ministry of Shipping and Department of Shipping are directed to ensure that hazardous vessels enlisted in the Greenpeace list of vessels containing hazardous materials are not imported into the country and when such vessels are imported after having been decontaminated at source or outside the territory of Bangladesh, that prior Environmental clearance has been obtained on showing that adequate safety and precautionary measures have been taken for their dismantling in accordance with law.
9. The Government is directed to set up a High Level Technical Committee comprising representatives from the Ministry/Department of Shipping, the Ministry/Department of Environment, Ministry of Labour and Manpower, Retired Naval officers, Academicians/Experts in the field of Marine Engineering, Marine Biology Specialists in the field of Environment, Soil Science and Ecology, Hazardous Waste Management and relevant NGOs, such as BELA.
Let the concluding portion of the Judgment and order along with the directions above be communicated to the respondents namely, respondent No. 5, Secretary, Ministry of Environment and Forest respondent No. 6, Director General, Department of Environment, respondent No. 1, Secretary, Ministry of Shipping, respondent No. 8, Director General, Department of Shipping, and respondent No. 17, Proprietor, Madina Enterprise at once by a special Messenger of this Court at the cost of the petitioner.
Md. Imman Ali
Sk. A. Awal.
International Ganga River Basin gets National Authority?
Written By mediavigil on Tuesday, March 10, 2009 | 7:01 AM
Does the "National Ganga River Basin Authority" take note of the Ganga basin as part of the composite Ganga-Brahmaputra-Meghna basin, which drains an area of 1,086,000 square kilometres which lies in China, Nepal, India Bangladesh and Bhutan?
Ganga basin is bounded on the north by the Himalayas, on the west by the Aravalli as well as the ridge separating it from Indus basin, on the south by the Vindhyas and Chotanagpur Plateau and on the east by the Brahmaputra ridge.
Ganga River Ganga originates from the hills of Himalayas at Gangotri and meets Bay of Bengal. The basin extends into 11 states viz. Uttranchal, Himachal Pradesh, Uttar Pradesh, Haryana, Delhi, Rajasthan, Madhya Pradesh, Bihar, Jharkhand, Chhattisgarh and West Bengal. In Madhya Pradesh, the basin extends up to the districts of Mandsaur, Ujjain, Shajapur, Rajgarh, Neemuch, Vidisha, Guna, Shivpuri, Datia, Gwalior, Morena, Sheopur, Bhind, Tikamgarh, Chhattarpur, Panna, Satna, Rewa, Ashoknagar, Shahdol, Sidhi, and Partly in the district of Annuppur, Umaria, Katni, Jabalpur. Mandla, Dindori, Dhar, Ratlam, Indore, Dewas, Sehore, Raisen, Sagar, Bhopal, and Damoh. The Ganga basin can be further sub-divided into three sub-basins viz. Yamuna, Tons and Sone.
Yamuna sub basin
Total geographical area of Yamuna sub basin in Madhya Pradesh is 1,42,250 km², out of which the area available for agriculture is estimated as 90,105 km² and water availability at 75% dependability is 27627 hm Total water available for use of the State after deducting for interstate agreements is 23642 hm only. The major rivers of this sub-basin in Madhya Pradesh are Chambal, Ken, Dhasan, Betwa, Kunwari, Sindh, Paisuni and Jamni.
Tons sub basin
River Tons originates in Satna district. Total basin area in Madhya Pradesh is 11974 km². The river meets Ganga after flowing 246 km in Madhya Pradesh, 7 km making boundary between Madhya Pradesh and Uttar Pradesh and finally 67 km in Uttar Pradesh. Totoa land put to use for agriculture purpose in Tons basin is 8460 km² in the State for which 2244 hm of water is available for its use against total available water at 75% dependability is 2244 hm.
Sone sub basin
Total basin area of this river in Madhya Pradesh is 28880 km². Total length of river is 784 km. In Madhya Pradesh, the river flows for 470 km. The river meets Ganga in Bihar state near Patna. The major tributaries of river Sone are Johilla, Mahanadi, Gopad, Rehar, Kanhar, and Banas.
Ganga basin has a population of more than 500 million, making it the most populated river basin in the world.
The basin comprises mountainous regions of the Himalayan ranges with dense forests, as well as the sparsely forested Shiwalik Hills and the fertile Gangetic Plains. The central highlands lying to the South of the Great Plains consist of mountains, hills and plateaus intersected by valleys and river plains. The important soil types found in the basin are sand, loam, clay and their combinations such as sandy loam, silty clay etc.
The annual surface water potential of the basin has been assessed as 525 km³ in India, out of which 250 km³ is utilisable water. Arable area of the basin in India is about 580,000 km², which is 29.5% of the total cultivable area of India.
The water related issues of the basin are both due to high and low flow. In India, the states of Uttar Pradesh, Bihar and West Bengal are affected by floods. As Bangladesh lies at the confluence of Brahmaputra River and Ganges River, it suffers from terrible floods almost every year. Many of the flood problems are caused by northern tributaries of Ganga such as Kosi and Mahananda. Besides these problems are also caused by southern tributaries.
The basin is a high earthquake risk area and experts warn that as many as a million deaths could be expected on the Ganges plain, as the southern flank of the Himalayas has not been active enough over past centuries to release the energy accumulated by the millimetre per week upward movement of the Indian plate.
Ganga River
More than 400 million people live along the Ganga River. An estimated 2,000,000 persons ritually bathe daily in the river, which is considered holy by Indians. In the Hindu religion it is said to flow from the lotus feet of Vishnu (for Vaisnava devotees) or the hair of Shiva (for Saivites). The spiritual and religious significance could be compared to what the Nile river meant to the ancient Egyptians. While the Ganges may be considered holy, there are some problems associated with the ecology. It is filled with chemical wastes, sewage and even the remains of human and animal corpses which carry major health risks by either direct bathing in the water (e.g.: Bilharziasis infection), or by drinking (the Fecal-oral route).
The combination of bacteriophages and large populations of people bathing in the river have apparently produced a self-purification effect, in which water-bourne bacteria such as dysentery and cholera are killed off, preventing large-scale epidemics. The river also has an unusual ability to retain dissolved oxygen.
Upstream from Varanasi, one of the major pilgrimage sites along the river, the water is comparatively pure, having a low Biochemical oxygen demand and fecal coliform count. Studies conducted in 1983 on water samples taken from the right bank of the Ganga at Patna confirm that escheria coli (E.Coli.), fecal streptococci and vibrio cholerae organisms die two to three times faster in the Ganga than in water taken from the rivers Son and Gandak and from dug wells and tube wells in the same area.
To know why 1,000 Indian children die of diarrhoeal sickness every day, take a wary stroll along the Ganges in Varanasi. As it enters the city, Hinduism’s sacred river contains 60,000 faecal coliform bacteria per 100 millilitres, 120 times more than is considered safe for bathing. Four miles downstream, with inputs from 24 gushing sewers and 60,000 pilgrim-bathers, the concentration is 3,000 times over the safety limit. In places, the Ganges becomes black and septic. Corpses, of semi-cremated adults or enshrouded babies, drift slowly by.
—The Economist on December 11, 2008
Ganga Action Plan
Ganga Action Plan or GAP was a program launched by Government of India in April 1985 in order to reduce the pollution load on the river. The program was launched with much fanfare, but it terribly failed to decrease the pollution level in the river, after spending 901.71 crore (approx. 1010) rupees over a period of 15 years.
NATIONAL RIVER CONSERVATION PLAN
The activities of GAP phase 1 initiated in 1985 were declared closed on 31 march 2000.The steering Committee of the national river conservation Authority reviewed the progress of the GAP and necessary correction on the basis of lessons learnt and experiences gained from the GAP phase 1.69 schemes have been completed under this plan .A million liters of sewage is targeted to be intercepted ,diverted and treated.(source : CBSE class 9 geography reader ,page 23)
To comprehend the true nature and color of this insincere step of notifying "National" Ganga River Basin Authority just prior to the upcoming parliamentary elections must be seen along with Government's Environmental impact assessment notification 2009 that has consistently been diluted and converted into rigged and cooked paper work. Cabinet Committee on Economic Affairs (CCEA) is simply indulging in shadow boxing with such empty and hollow notifications. The ongoing amputation of Ganga basin rivers and mutilated environment clearance mechanism is in keeping with the objective of CCEA. It appears that CCEA and Dr Manmohan Singh who is also the Environment Minister since 2007 are allergic to any genuine sensitivity towards ecosystem, environmental governance and the existence of Ganga with its natural flow intact.
Believe it or not the Government of India confesses that it has been enlightened to note that "The setting up of the authority will help replace the current piecemeal efforts to clean up the Ganga with an integrated approach that sees the river as an ecological entity" when elections are on the horizon.
One would be quite gullible to think of the announcement of a Ganga River Basin Authority by a lame duck government to be of any significance when the government's more significant steps such as Water (Prevention and Control of Pollution) Act, 1974, Environment Protection Act, 1986 and the Environment Impact Assessment (EIA) notification 1994 have been made impotent by the corporate funded political parties.
Government's February 20, 2009 announcement in the Parliament for the setting up of a National Ganga River Basin Authority, proposal for State Ganga River Conservation Authorities and its concern for Ganga cleaning program does not have even an iota of seriousness. It betrays its lack of any concern when it refers to the need for "Maintenance of minimum ecological flows in the river Ganga with the aim of ensuring water quality and environmentally sustainable development" after discussing "pollution abatement measures through ensuring adequate ecological flow in the river" on February 10, 2009.
The exemplary promptness of T.K.A. Nair, the principal secretary to the prime minister and the chief secretaries of the Ganga Basin states of Uttarakhand, Uttar Pradesh, Bihar and Jharkhand. West Bengal to unanimously endorse the proposal for a notification under the Environment Ministry, the weakest Ministry in the government is quite revealing.
Ganga basin is bounded on the north by the Himalayas, on the west by the Aravalli as well as the ridge separating it from Indus basin, on the south by the Vindhyas and Chotanagpur Plateau and on the east by the Brahmaputra ridge.
Ganga River Ganga originates from the hills of Himalayas at Gangotri and meets Bay of Bengal. The basin extends into 11 states viz. Uttranchal, Himachal Pradesh, Uttar Pradesh, Haryana, Delhi, Rajasthan, Madhya Pradesh, Bihar, Jharkhand, Chhattisgarh and West Bengal. In Madhya Pradesh, the basin extends up to the districts of Mandsaur, Ujjain, Shajapur, Rajgarh, Neemuch, Vidisha, Guna, Shivpuri, Datia, Gwalior, Morena, Sheopur, Bhind, Tikamgarh, Chhattarpur, Panna, Satna, Rewa, Ashoknagar, Shahdol, Sidhi, and Partly in the district of Annuppur, Umaria, Katni, Jabalpur. Mandla, Dindori, Dhar, Ratlam, Indore, Dewas, Sehore, Raisen, Sagar, Bhopal, and Damoh. The Ganga basin can be further sub-divided into three sub-basins viz. Yamuna, Tons and Sone.
Yamuna sub basin
Total geographical area of Yamuna sub basin in Madhya Pradesh is 1,42,250 km², out of which the area available for agriculture is estimated as 90,105 km² and water availability at 75% dependability is 27627 hm Total water available for use of the State after deducting for interstate agreements is 23642 hm only. The major rivers of this sub-basin in Madhya Pradesh are Chambal, Ken, Dhasan, Betwa, Kunwari, Sindh, Paisuni and Jamni.
Tons sub basin
River Tons originates in Satna district. Total basin area in Madhya Pradesh is 11974 km². The river meets Ganga after flowing 246 km in Madhya Pradesh, 7 km making boundary between Madhya Pradesh and Uttar Pradesh and finally 67 km in Uttar Pradesh. Totoa land put to use for agriculture purpose in Tons basin is 8460 km² in the State for which 2244 hm of water is available for its use against total available water at 75% dependability is 2244 hm.
Sone sub basin
Total basin area of this river in Madhya Pradesh is 28880 km². Total length of river is 784 km. In Madhya Pradesh, the river flows for 470 km. The river meets Ganga in Bihar state near Patna. The major tributaries of river Sone are Johilla, Mahanadi, Gopad, Rehar, Kanhar, and Banas.
Ganga basin has a population of more than 500 million, making it the most populated river basin in the world.
The basin comprises mountainous regions of the Himalayan ranges with dense forests, as well as the sparsely forested Shiwalik Hills and the fertile Gangetic Plains. The central highlands lying to the South of the Great Plains consist of mountains, hills and plateaus intersected by valleys and river plains. The important soil types found in the basin are sand, loam, clay and their combinations such as sandy loam, silty clay etc.
The annual surface water potential of the basin has been assessed as 525 km³ in India, out of which 250 km³ is utilisable water. Arable area of the basin in India is about 580,000 km², which is 29.5% of the total cultivable area of India.
The water related issues of the basin are both due to high and low flow. In India, the states of Uttar Pradesh, Bihar and West Bengal are affected by floods. As Bangladesh lies at the confluence of Brahmaputra River and Ganges River, it suffers from terrible floods almost every year. Many of the flood problems are caused by northern tributaries of Ganga such as Kosi and Mahananda. Besides these problems are also caused by southern tributaries.
The basin is a high earthquake risk area and experts warn that as many as a million deaths could be expected on the Ganges plain, as the southern flank of the Himalayas has not been active enough over past centuries to release the energy accumulated by the millimetre per week upward movement of the Indian plate.
Ganga River
More than 400 million people live along the Ganga River. An estimated 2,000,000 persons ritually bathe daily in the river, which is considered holy by Indians. In the Hindu religion it is said to flow from the lotus feet of Vishnu (for Vaisnava devotees) or the hair of Shiva (for Saivites). The spiritual and religious significance could be compared to what the Nile river meant to the ancient Egyptians. While the Ganges may be considered holy, there are some problems associated with the ecology. It is filled with chemical wastes, sewage and even the remains of human and animal corpses which carry major health risks by either direct bathing in the water (e.g.: Bilharziasis infection), or by drinking (the Fecal-oral route).
The combination of bacteriophages and large populations of people bathing in the river have apparently produced a self-purification effect, in which water-bourne bacteria such as dysentery and cholera are killed off, preventing large-scale epidemics. The river also has an unusual ability to retain dissolved oxygen.
Upstream from Varanasi, one of the major pilgrimage sites along the river, the water is comparatively pure, having a low Biochemical oxygen demand and fecal coliform count. Studies conducted in 1983 on water samples taken from the right bank of the Ganga at Patna confirm that escheria coli (E.Coli.), fecal streptococci and vibrio cholerae organisms die two to three times faster in the Ganga than in water taken from the rivers Son and Gandak and from dug wells and tube wells in the same area.
To know why 1,000 Indian children die of diarrhoeal sickness every day, take a wary stroll along the Ganges in Varanasi. As it enters the city, Hinduism’s sacred river contains 60,000 faecal coliform bacteria per 100 millilitres, 120 times more than is considered safe for bathing. Four miles downstream, with inputs from 24 gushing sewers and 60,000 pilgrim-bathers, the concentration is 3,000 times over the safety limit. In places, the Ganges becomes black and septic. Corpses, of semi-cremated adults or enshrouded babies, drift slowly by.
—The Economist on December 11, 2008
Ganga Action Plan
Ganga Action Plan or GAP was a program launched by Government of India in April 1985 in order to reduce the pollution load on the river. The program was launched with much fanfare, but it terribly failed to decrease the pollution level in the river, after spending 901.71 crore (approx. 1010) rupees over a period of 15 years.
NATIONAL RIVER CONSERVATION PLAN
The activities of GAP phase 1 initiated in 1985 were declared closed on 31 march 2000.The steering Committee of the national river conservation Authority reviewed the progress of the GAP and necessary correction on the basis of lessons learnt and experiences gained from the GAP phase 1.69 schemes have been completed under this plan .A million liters of sewage is targeted to be intercepted ,diverted and treated.(source : CBSE class 9 geography reader ,page 23)
To comprehend the true nature and color of this insincere step of notifying "National" Ganga River Basin Authority just prior to the upcoming parliamentary elections must be seen along with Government's Environmental impact assessment notification 2009 that has consistently been diluted and converted into rigged and cooked paper work. Cabinet Committee on Economic Affairs (CCEA) is simply indulging in shadow boxing with such empty and hollow notifications. The ongoing amputation of Ganga basin rivers and mutilated environment clearance mechanism is in keeping with the objective of CCEA. It appears that CCEA and Dr Manmohan Singh who is also the Environment Minister since 2007 are allergic to any genuine sensitivity towards ecosystem, environmental governance and the existence of Ganga with its natural flow intact.
Believe it or not the Government of India confesses that it has been enlightened to note that "The setting up of the authority will help replace the current piecemeal efforts to clean up the Ganga with an integrated approach that sees the river as an ecological entity" when elections are on the horizon.
One would be quite gullible to think of the announcement of a Ganga River Basin Authority by a lame duck government to be of any significance when the government's more significant steps such as Water (Prevention and Control of Pollution) Act, 1974, Environment Protection Act, 1986 and the Environment Impact Assessment (EIA) notification 1994 have been made impotent by the corporate funded political parties.
Government's February 20, 2009 announcement in the Parliament for the setting up of a National Ganga River Basin Authority, proposal for State Ganga River Conservation Authorities and its concern for Ganga cleaning program does not have even an iota of seriousness. It betrays its lack of any concern when it refers to the need for "Maintenance of minimum ecological flows in the river Ganga with the aim of ensuring water quality and environmentally sustainable development" after discussing "pollution abatement measures through ensuring adequate ecological flow in the river" on February 10, 2009.
The exemplary promptness of T.K.A. Nair, the principal secretary to the prime minister and the chief secretaries of the Ganga Basin states of Uttarakhand, Uttar Pradesh, Bihar and Jharkhand. West Bengal to unanimously endorse the proposal for a notification under the Environment Ministry, the weakest Ministry in the government is quite revealing.
Row over radioactive steel exports erupts again
Written By mediavigil on Wednesday, March 04, 2009 | 12:03 AM
Indian steel exporters are worried about its adverse consequences
With the publication of an alarmist article in the German newsmagazine Der Spiegel, the controversy over radioactive steel exports from India has erupted once again and Indian steel exporters are worried about adverse consequences on the industry, particularly at a time of falling demand. Several Indian companies have been specifically named not just by the German Ministry of Environment and Nuclear Safety but also by the French Nuclear Safety Agency and authorities in Sweden. These include Vipras Castings, Bunts, Lakshmi Steel, Pradeep Metals and SKM Steels.
The uproar over Indian steel contaminated with Cobalt 60, a radioactive isotope of cobalt used in nuclear medicine, coincided with an international conference in Spain that called for the setting up of International standards in radiation safety. Currently there is no internationally accepted definition of what levels of radiation are acceptable and safe. International experts at the meeting said that further steps are needed to protect people from radioactive materials that can end up at junk and scrap yards. Scrap dealers and metal recycling industries need better guidance on how to deal with problems when they occur, with harmonised, internationally accepted, regulatory approaches to radiation safety based on IAEA safety standards already in place. Key elements include creating a register of ascribed companies, monitoring material at the entrance of facilities as well as the final products and waste, and establishing actions to be taken when radioactivity is detected.
Recurring problem
The presence of inadvertent radioactive materials in metal scrap is a recurring worldwide problem for the metal recycling industry, experts noted in presentations at the conference in Tarragona, Spain. The materials can pose potentially severe health, environmental, and financial consequences for industry and the public alike.
“In the last three years the IAEA has become aware of around 500 events involving uncontrolled ionizing radiation sources, about 150 of which were related to sources found in scrap metal or contaminated goods or materials. This is clearly a global problem that requires the application of a harmonised approach throughout the different regions of the world involving all stakeholders,” said Eliana Amaral, Director of the IAEA’s Division of Radiation, Transport and Waste Safety.
Much of the contaminated radio active material in the steel exports comes from what the IAEA describes as “inadvertent radioactive material in scrap metal” which is thrown into furnaces during the smelting process. India has not been vigilant enough in testing the industrial waste that comes into the country for disposal and the Indian steel industry, especially secondary manufacturers, appears to be paying the price.
Several international protocols already exist prohibiting the export of toxic waste from the developed world to the poorer nations of this planet. These include The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the Spanish Protocol for Radiological Surveillance of Metal Recycling.
The Basel Convention which came into force in 1992 is a collaboration of government and industry and is the most comprehensive global environmental agreement which aims to protect human health and the environment against the adverse effects resulting from the generation, management, transboundary movements and disposal of hazardous and other wastes. However, the Basel Convention does not deal with radioactive waste.
The scope of the 1999 Spanish Protocol involves the detection and monitoring of radioactivity in storage facilities and industries where scrap metal is collected and handled. The Protocol is a voluntary agreement which defines the radiological surveillance of scrap metal and its products and the duties and rights of the signatories. A harmonised regulatory approach to the issue of inadvertent radioactive material in scrap metal would also have the benefit of facilitating trade, especially of materials originating from the demolition or decommissioning of nuclear installations or other facilities.
It is unclear as to how many industry players in India have signed up to the Protocol or whether Indian authorities have taken adequate measures to control the import and movement of scrap or ensure worker safety in India.
In the article published by Der Spiegel, journalist Christian Schwaergerl asserts that approximately 150 tons of contaminated steel has been seized in various parts of Germany. Some of this has been sent back to India. “The rest is being stored by the companies that discovered the radioactivity, pending a decision on how safely to dispose of the material.”
There are two main types of radioactive material that may be found in scrap metal. The first type is orphan sources or radioactively contaminated material that may have been lost from, or never were, under regulatory control.
The second one is radioactively contaminated material, which may occur in a number of ways, the most likely being from the demolition or decommissioning of a nuclear installation or other facilities that has used radioactive material.
Chairman of the Atomic Energy Regulatory Board (AERB) S.K. Sharma was quoted as saying that the Board had in fact detected the presence of radioactive material in steel scrap at Vipras Casting, a Mumbai-based company. But he was unclear about the exact nature of the radioactive source saying only that the contamination detected in the consignment which was sent back from the German port of Hamburg could have come about because of a disused radioactive source.
“The German Environment Ministry memo referring to the consignment sent back from Hamburg speaks of ‘metal pieces.’ The consignment was on its way to Russia and the radiation levels it emitted were very high — 71 microsieverts per hour. The disconcerting aspect of the whole thing is that most of the material found (now standing at more than 200 tons) was actually small pieces left after processing. So authorities are now following leads as to where the actual material was used. If you assume 10 per cent waste in production the actual amount of steel we talk about could be closer to 2000 tons. But that’s just my assumption. In one case in Mecklenburg-Vorpommern, the steel actually ended up in a food processing machine — the owner of the company in charge said food would be safer with this machine due to radiation, but I guess this was a joke,” Christian Schwaegerl, the author of the Der Spiegel article told The Hindu.
Mr. Sharma evidently tried to downplay the extent of the problem. Referring to another incident in France last October, involving contaminated elevator buttons manufactured in by a French company called Mafelec for their client Otis Elevators, Mr. Sharma was reported to have said the findings showed zero levels of radiation on the INES scale.
The Hindu spoke to Mr. David Landier, Director for Industry and Transport at the French Nuclear Safety Agency (ASN) who denied there was zero radiation saying his agency decided to reclassify the incident from I to 2 on the INES level (the classification goes from 1- 7 in an ascending order) since more than ten workers were exposed to radiation. “There were 20 persons who received between 1 and 3 mSv (millisieverts) of radiation (compared to the maximum of 1mSv/year for the public and workers in the non-nuclear sector) and the incident was classified as second level on the INES scale,” Mr. Landier said.
In a report submitted to the French public Prosecutor’s office ASN cited Mafelec as being responsible for several offences relating, in particular, to the Public Health Code. When this reporter phoned Mafelec for details concerning the case, she and the entire journalistic community was roundly insulted by an irate telephone operator who refused to put the call through to the company’s Press office. The company, the operator said, had been inundated by calls from “horrible” journalists following the October 2008 incident and there was no question entertaining any more press enquiries.
Malefec was obliged to recall 30,000 elevator buttons. ”One per cent of those were found to be contaminated and had to be replaced,” Mr. Landier told The Hindu. The Indian embassy in Paris had no knowledge of the incident. Several officials of the embassy contacted by this reporter denied having heard of such an incident or that the embassy had been contacted. It is likely the ASN contacted the AERB directly for replies.
In a written reply to telephonic queries the Indian Embassy in Berlin said: “The Federal Ministry of Environment in Germany has brought this to our notice which we have conveyed to the concerned authorities in India to investigate and take remedial action. (sic) We have also requested the German government to provide us with the results of their tests and the reply is awaited.”
The Embassy also pointed to news reports in German papers quoting Federal and State environment ministers as stating that “they see no danger for health caused by steel imported from India that was polluted when melted with traces of the Cobalt 60 isotope.” The Rhineland Palatinate Environment Ministry also said that the radiation is much lower than the radiation set free by taking an X-ray picture. The steel has not been used for consumer goods but as pre product for makers of machinery and tools.
In his report Christian Schwaegerl writes that although ministers have tried to strike a reassuring note, “behind closed doors authorities are deeply unsettled.” He says many more companies in Germany are to take radiation measurements which will likely result in more unpleasant finds. Calling it the downside of globalisation Der Spiegel concludes that “cheaper is not always better.”
The scare over contaminated steel from India has adversely affected exports from India to Europe, a reported 30 per cent fall. Indian exporters have alleged that European governments might be using incidents to erect non-tariff barriers against steel imports from India.
In an article published in Business Line, Manu P. Toms reported that Indian exporters feel European importers are using stray incidents such as those occurring on August 2008 in France and Germany to slap non-tariff barriers on the import of Indian steel. “Germany has practically stopped import of engineering goods from India and the trend is spreading to the rest of Europe. In January, exports to Europe came down by about 33 per cent. This month it could be 50 per cent,” said Mr. Pankaj Chadha, Deputy Regional Chairman, Western Region, Engineering Export Promotion Council (EEPC) India.
‘Unfair punishment’
The exporters feel they are being unfairly punished because the radioactive materials originate outside India and enter the country in the form of scrap and other waste which is indiscriminately and sometimes illegally of sent to India by Westerners for disposal.
“The problem did not originate in India. It originated from the scrap imported to India from other countries. We import scrap from other countries including the U.S. Our ports should have radioactive detecting mechanisms in place. We currently do not have them except one in Mumbai port,” said Mr. Suranjan Gupta, Senior Joint Director of the EEPC India. Engineering goods exporters in India too have begun installing monitors to detect radioactive materials in imported steel scraps.
“Many poor countries accept toxic waste from abroad, such as old computers, rusted ships and pesticides, in a short sighted bid to lift themselves out of poverty, despite the dangers to human health and the environment”, Okechukwu Ibeanu, Special rapporteur of the U.N. Human Rights Council said in a recent interview. “Many developing countries do so despite sometimes knowing the dangers of the waste. Is it worth the short term monetary gain? Is it worth people falling sick ... precious water sources contaminated permanently?” he asked. “I believe that we need to think of a better solution to generate income and development.”
Western nations have been indiscriminately exporting their polluted waste to emerging countries since disposal is both hazardous and expensive. Indian waste disposal firms have tended not to look too closely into the kind of junk they were taking off western hands. The Hindu’s successful campaign to prevent the French aircraft carrier the Clemceau from being dismantled in India was an attempt to stem such traffic. But soon after the Clemenceau was turned back, the Supreme Court allowed another toxic ship, the former cruise liner France, into the port of Alang for dismantling. For every battle won, there are several that are lost.
The whole world is a loser when that happens. In this particular case, indiscriminate waste disposal has resulted in radioactive contamination of steel. The radioactive materials initially sent to India from the West returned there via cheap finished steel and caused a radiation scare. In turn these events have affected India’s steel exports.
Could this be a case of the biter bit? But then, who is the biter and who is the bit?
Vaiju Naravane
March, 2 2008
The Hindu
With the publication of an alarmist article in the German newsmagazine Der Spiegel, the controversy over radioactive steel exports from India has erupted once again and Indian steel exporters are worried about adverse consequences on the industry, particularly at a time of falling demand. Several Indian companies have been specifically named not just by the German Ministry of Environment and Nuclear Safety but also by the French Nuclear Safety Agency and authorities in Sweden. These include Vipras Castings, Bunts, Lakshmi Steel, Pradeep Metals and SKM Steels.
The uproar over Indian steel contaminated with Cobalt 60, a radioactive isotope of cobalt used in nuclear medicine, coincided with an international conference in Spain that called for the setting up of International standards in radiation safety. Currently there is no internationally accepted definition of what levels of radiation are acceptable and safe. International experts at the meeting said that further steps are needed to protect people from radioactive materials that can end up at junk and scrap yards. Scrap dealers and metal recycling industries need better guidance on how to deal with problems when they occur, with harmonised, internationally accepted, regulatory approaches to radiation safety based on IAEA safety standards already in place. Key elements include creating a register of ascribed companies, monitoring material at the entrance of facilities as well as the final products and waste, and establishing actions to be taken when radioactivity is detected.
Recurring problem
The presence of inadvertent radioactive materials in metal scrap is a recurring worldwide problem for the metal recycling industry, experts noted in presentations at the conference in Tarragona, Spain. The materials can pose potentially severe health, environmental, and financial consequences for industry and the public alike.
“In the last three years the IAEA has become aware of around 500 events involving uncontrolled ionizing radiation sources, about 150 of which were related to sources found in scrap metal or contaminated goods or materials. This is clearly a global problem that requires the application of a harmonised approach throughout the different regions of the world involving all stakeholders,” said Eliana Amaral, Director of the IAEA’s Division of Radiation, Transport and Waste Safety.
Much of the contaminated radio active material in the steel exports comes from what the IAEA describes as “inadvertent radioactive material in scrap metal” which is thrown into furnaces during the smelting process. India has not been vigilant enough in testing the industrial waste that comes into the country for disposal and the Indian steel industry, especially secondary manufacturers, appears to be paying the price.
Several international protocols already exist prohibiting the export of toxic waste from the developed world to the poorer nations of this planet. These include The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the Spanish Protocol for Radiological Surveillance of Metal Recycling.
The Basel Convention which came into force in 1992 is a collaboration of government and industry and is the most comprehensive global environmental agreement which aims to protect human health and the environment against the adverse effects resulting from the generation, management, transboundary movements and disposal of hazardous and other wastes. However, the Basel Convention does not deal with radioactive waste.
The scope of the 1999 Spanish Protocol involves the detection and monitoring of radioactivity in storage facilities and industries where scrap metal is collected and handled. The Protocol is a voluntary agreement which defines the radiological surveillance of scrap metal and its products and the duties and rights of the signatories. A harmonised regulatory approach to the issue of inadvertent radioactive material in scrap metal would also have the benefit of facilitating trade, especially of materials originating from the demolition or decommissioning of nuclear installations or other facilities.
It is unclear as to how many industry players in India have signed up to the Protocol or whether Indian authorities have taken adequate measures to control the import and movement of scrap or ensure worker safety in India.
In the article published by Der Spiegel, journalist Christian Schwaergerl asserts that approximately 150 tons of contaminated steel has been seized in various parts of Germany. Some of this has been sent back to India. “The rest is being stored by the companies that discovered the radioactivity, pending a decision on how safely to dispose of the material.”
There are two main types of radioactive material that may be found in scrap metal. The first type is orphan sources or radioactively contaminated material that may have been lost from, or never were, under regulatory control.
The second one is radioactively contaminated material, which may occur in a number of ways, the most likely being from the demolition or decommissioning of a nuclear installation or other facilities that has used radioactive material.
Chairman of the Atomic Energy Regulatory Board (AERB) S.K. Sharma was quoted as saying that the Board had in fact detected the presence of radioactive material in steel scrap at Vipras Casting, a Mumbai-based company. But he was unclear about the exact nature of the radioactive source saying only that the contamination detected in the consignment which was sent back from the German port of Hamburg could have come about because of a disused radioactive source.
“The German Environment Ministry memo referring to the consignment sent back from Hamburg speaks of ‘metal pieces.’ The consignment was on its way to Russia and the radiation levels it emitted were very high — 71 microsieverts per hour. The disconcerting aspect of the whole thing is that most of the material found (now standing at more than 200 tons) was actually small pieces left after processing. So authorities are now following leads as to where the actual material was used. If you assume 10 per cent waste in production the actual amount of steel we talk about could be closer to 2000 tons. But that’s just my assumption. In one case in Mecklenburg-Vorpommern, the steel actually ended up in a food processing machine — the owner of the company in charge said food would be safer with this machine due to radiation, but I guess this was a joke,” Christian Schwaegerl, the author of the Der Spiegel article told The Hindu.
Mr. Sharma evidently tried to downplay the extent of the problem. Referring to another incident in France last October, involving contaminated elevator buttons manufactured in by a French company called Mafelec for their client Otis Elevators, Mr. Sharma was reported to have said the findings showed zero levels of radiation on the INES scale.
The Hindu spoke to Mr. David Landier, Director for Industry and Transport at the French Nuclear Safety Agency (ASN) who denied there was zero radiation saying his agency decided to reclassify the incident from I to 2 on the INES level (the classification goes from 1- 7 in an ascending order) since more than ten workers were exposed to radiation. “There were 20 persons who received between 1 and 3 mSv (millisieverts) of radiation (compared to the maximum of 1mSv/year for the public and workers in the non-nuclear sector) and the incident was classified as second level on the INES scale,” Mr. Landier said.
In a report submitted to the French public Prosecutor’s office ASN cited Mafelec as being responsible for several offences relating, in particular, to the Public Health Code. When this reporter phoned Mafelec for details concerning the case, she and the entire journalistic community was roundly insulted by an irate telephone operator who refused to put the call through to the company’s Press office. The company, the operator said, had been inundated by calls from “horrible” journalists following the October 2008 incident and there was no question entertaining any more press enquiries.
Malefec was obliged to recall 30,000 elevator buttons. ”One per cent of those were found to be contaminated and had to be replaced,” Mr. Landier told The Hindu. The Indian embassy in Paris had no knowledge of the incident. Several officials of the embassy contacted by this reporter denied having heard of such an incident or that the embassy had been contacted. It is likely the ASN contacted the AERB directly for replies.
In a written reply to telephonic queries the Indian Embassy in Berlin said: “The Federal Ministry of Environment in Germany has brought this to our notice which we have conveyed to the concerned authorities in India to investigate and take remedial action. (sic) We have also requested the German government to provide us with the results of their tests and the reply is awaited.”
The Embassy also pointed to news reports in German papers quoting Federal and State environment ministers as stating that “they see no danger for health caused by steel imported from India that was polluted when melted with traces of the Cobalt 60 isotope.” The Rhineland Palatinate Environment Ministry also said that the radiation is much lower than the radiation set free by taking an X-ray picture. The steel has not been used for consumer goods but as pre product for makers of machinery and tools.
In his report Christian Schwaegerl writes that although ministers have tried to strike a reassuring note, “behind closed doors authorities are deeply unsettled.” He says many more companies in Germany are to take radiation measurements which will likely result in more unpleasant finds. Calling it the downside of globalisation Der Spiegel concludes that “cheaper is not always better.”
The scare over contaminated steel from India has adversely affected exports from India to Europe, a reported 30 per cent fall. Indian exporters have alleged that European governments might be using incidents to erect non-tariff barriers against steel imports from India.
In an article published in Business Line, Manu P. Toms reported that Indian exporters feel European importers are using stray incidents such as those occurring on August 2008 in France and Germany to slap non-tariff barriers on the import of Indian steel. “Germany has practically stopped import of engineering goods from India and the trend is spreading to the rest of Europe. In January, exports to Europe came down by about 33 per cent. This month it could be 50 per cent,” said Mr. Pankaj Chadha, Deputy Regional Chairman, Western Region, Engineering Export Promotion Council (EEPC) India.
‘Unfair punishment’
The exporters feel they are being unfairly punished because the radioactive materials originate outside India and enter the country in the form of scrap and other waste which is indiscriminately and sometimes illegally of sent to India by Westerners for disposal.
“The problem did not originate in India. It originated from the scrap imported to India from other countries. We import scrap from other countries including the U.S. Our ports should have radioactive detecting mechanisms in place. We currently do not have them except one in Mumbai port,” said Mr. Suranjan Gupta, Senior Joint Director of the EEPC India. Engineering goods exporters in India too have begun installing monitors to detect radioactive materials in imported steel scraps.
“Many poor countries accept toxic waste from abroad, such as old computers, rusted ships and pesticides, in a short sighted bid to lift themselves out of poverty, despite the dangers to human health and the environment”, Okechukwu Ibeanu, Special rapporteur of the U.N. Human Rights Council said in a recent interview. “Many developing countries do so despite sometimes knowing the dangers of the waste. Is it worth the short term monetary gain? Is it worth people falling sick ... precious water sources contaminated permanently?” he asked. “I believe that we need to think of a better solution to generate income and development.”
Western nations have been indiscriminately exporting their polluted waste to emerging countries since disposal is both hazardous and expensive. Indian waste disposal firms have tended not to look too closely into the kind of junk they were taking off western hands. The Hindu’s successful campaign to prevent the French aircraft carrier the Clemceau from being dismantled in India was an attempt to stem such traffic. But soon after the Clemenceau was turned back, the Supreme Court allowed another toxic ship, the former cruise liner France, into the port of Alang for dismantling. For every battle won, there are several that are lost.
The whole world is a loser when that happens. In this particular case, indiscriminate waste disposal has resulted in radioactive contamination of steel. The radioactive materials initially sent to India from the West returned there via cheap finished steel and caused a radiation scare. In turn these events have affected India’s steel exports.
Could this be a case of the biter bit? But then, who is the biter and who is the bit?
Vaiju Naravane
March, 2 2008
The Hindu