To
Shri M. Venkaiah Naidu
Hon’ble Chairman
Rajya Sabha
Parliament of India
New Delhi
Date: 05/12/2019
Subject-Request
for referring The Recycling Of Ships Bill, 2019 to Parliamentary
Standing Committee on Science and Technology, Environment, Forests and Climate
Change to safeguard country’s maritime environment from harmful and hazardous
wastes and materials
Sir,
With reference to the passage of
18 page long The Recycling Of Ships Bill, 2019 from the Lok Sabha on
December 3, 2019, I wish to earnestly request you to refer this Bill to the
Parliamentary Standing Committee on Science & Technology, Environment,
Forests & Climate Change to safeguard country’s maritime environment from
hazardous wastes and materials. I have undertaken research on the subject in
question for over a decade and the related aspects of hazardous wastes and
materials since 2000 and have been an invitee to the UN bodies, Parliamentary
Committees and Hon’ble Supreme Court’s committees for submissions on this
subject. On behalf of ToxicsWatch Alliance (TWA), I have been an applicant in
the Hon’ble Court in an effort to stop India from becoming a dumping of foreign
toxic wastes and end-of-life ships. It is noteworthy that India does not have
an exhaustive inventory of hazardous wastes and materials with their
environmental health impacts.
Having been in conversation with
the inter-ministerial Ship Breaking Scrap Committee since July 22, 2014 seeking
compliance with the Shipbreaking Code, 2013, Basel Convention, the only
international/UN law on ship breaking and having engaged with the Inter-Ministerial
Committee on Shipbreaking, Ministry of Steel in the past, I submit that the
subject of ship-breaking industry was under the Steel Ministry from 1983 to
July 2014 before it was brought under the supervision of the Ministry of
Shipping. The fact remains ship breaking/recycling is a secondary steel
production activity, an activity which is beyond the competence of
Ministry of Shipping.
This Bill
refers to the International Maritime Organisation (IMO)’s Hong Kong
International Convention for the Safe and Environmentally Sound Recycling of
Ships, 2009 which was framed by the Marine Environment Protection Committee
(MEPC) and the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal, 1989. The Ban Amendment which comes into
force today (5 December, 2019) is related to the latter. India is a party to
the Basel Convention but not to the latter.
I wish to
draw your attention towards enactment of The Bangladesh Ship Recycling Act 2018
which has been legislated by Jatiya Sangsad on 24 January, 2018
admittedly at the behest of foreign lobbies who wish to create an world order
where Free Trade in Hazardous Wastes and End-of-Life Ships gets legalised so
that major ship owning companies/countries can escape decontamination cots. I
am enclosing a copy of the Bangladesh Ship Recycling Act 2018 (Bangla
text). I have reliably learnt that that some foreign global
shipping lobbies are work to ensure that India ratifies IMO's "Hong Kong
International Convention for the Safe and Environmentally Sound Recycling of
Ships, 2009 (the Hong Kong Convention)" which has not come into force
because shipbreakers, environmental and labour groups of India, Bangladesh and
Pakistan are opposed to it as it is anti-environment, anti-workers and contrary
to supreme national interest.
I submit that these lobbies have
succeeded in Bangladesh. A bill titled, 'Bangladesh Ship Recycling Bill, 2018,'
was passed in their parliament in January 2018. The Bill was introduced by
their Industries Minister Mr Amir Hossain Amu and it was passed by voice vote.
Under the new law, a 13-member Board is supposed to be constituted to oversee
the activities of the ship recycling industries with an additional secretary of
the Ministry of Industries as its chairman in Bangladesh.
I submit that ahead of the
entry into force of the Ban Amendment to Basel Convention which prohibits
dumping of hazardous wastes and end-of-life products in myriad disguises, it
seemed surprising that on 20th November, 2019, Press Information
Bureau, Government of India announced that Cabinet has approved “proposal for
enactment of Recycling of Ships Bill, 2019 and accession to the Hong Kong
International Convention for Safe and Environmentally Sound Recycling of Ships,
2009.” It seems the Cabinet which rightly acknowledges that “The ship-recycling
industry is a labour-intensive sector, but it is susceptible to concerns on
environmental safety” has been misled by some external lobbies at work with an
aim to outwit India into disregarding its position against dumping of hazardous
wastes through linguistic corruption wherein waste is defined as “non-new good”
or recyclable material.
I submit that that the
Parliamentary Committee on Science and Technology, Environment, Forests and
Climate Change may be asked to examine the compelling logic for India to ratify
the Ban Amendment that prohibits the export of hazardous waste from more
developed to less developed countries and to examine reasons for recommending
why India should not ratify the Hong Kong Convention.
I submit that it is a matter of
distressed that India’s callousness towards the UN accord to stop the flow of
hazardous wastes from developed to developing countries like India is akin to
opposing Hon’ble Prime Minister’s Clean India Mission. It is also in violation
of Hon’ble Supreme Court’s verdict in Writ Petition (Civil) No.657 of 1995
based on the recommendations of Prof. M.G.K. Menon headed High Powered
Committee on Hazardous Wastes that dealt with ship breaking at length.
Such indifference lowers the stature of India and its scientific community
because it is contrary to sustainable consumption and the circular economy
as well as the Sustainable Development Goals. Our India cannot be turned into a
land of landfills for foreign hazardous wastes. Unless all the waste that is
generated in our own country has been treated and disposed of in an
environmentally sound manner how can hazardous waste import be permitted?
I submit that passage of The
Recycling of Ships Bill, 2019 by Rajya Sabha will tantamount to
ratification of the Hong Kong Convention which facilitates trade in
hazardous wastes related to end-of-life ships, which are also hazardous wastes
as per Basel Convention. How can this happen in a business as usual manner
unmindful of Hon’ble Prime Minister’s Clean India Mission and Hon’ble Court’s
verdict. This position is inconsistent with National Environment Policy that
includes strategies for cleanup of toxic and hazardous waste dump legacies,
developing a national inventory of such dumps, an online monitoring system for
movement of hazardous wastes and taking legal measures for addressing
emergencies arising out of transportation, handling, and disposal of hazardous
wastes. India’s current position seems to be inconsistent with our Hon’ble
Prime Minister’s Clean India Mission.
According to the verdict of
Hon’ble Court, “Hazardous Wastes are highly toxic in nature. The
industrialization has had the effect of generation of huge quantities of
hazardous wastes. These and other side effects of development gave birth
to principles of sustainable development so as to sustain industrial growth.
The hazardous waste required adequate and proper control and handling.
Efforts are required to be made to minimise it. In developing nations,
there are additional problems including that of dumping of hazardous waste on
their lands by some of the nations where cost of destruction of such waste is
felt very heavy. These and other allied problems gave birth to Basel
Convention.” This verdict has been given in Writ Petition (Civil) No.657
of 1995. The Convention was made part of its order by the Hon’ble Court due to
alarming situation created by dumping of hazardous waste, its generation and
serious and irreversible damage, as a result thereof, to the environment, flora
and fauna, health of animals and human beings. Hon’ble Court took cognizance of
dumping of hazardous wastes in Indian waters as violation of Article 14 and 21
of the Constitution of India. It is evident from it that the position of this
Indian delegate betrays his ignorance about the issue;
I wish inform you that such
motivated attempts have attracted widespread criticism from environment, public
health groups and even the Confederation of Indian Industry (CII) when
hazardous wastes and hazardous materials and recyclable materials was being
made synonymous. by redefining "hazardous waste" as "hazardous
material" in a manifest act of linguistic corruption. It is noteworthy
that in a study, Associated Chambers of Commerce & Industry (ASSOCHAM) also
recommended ban on trade in hazardous wastes. Two members of Hon’ble Court's
own monitoring committee on hazardous wastes have also raised objections They
who are complicit in promoting hazardous waste dumping in our country are doing
so at the behest of hazardous waste traders. Their role needs to be probed by
the Parliamentary Committee.
I wish to draw your attention
towards Basel Convention’s very clear and simple definition of waste: wastes
are materials which are disposed of, or intended to be disposed of, or required
to be disposed of, to the environment”. Hon’ble Court’s verdict has directed
the Union of India to incorporate the Basel list in the existing Rules and had
actively argued for expanding the list of prohibited items for import. If India
does not revise its position it will amounts to a formal announcement that
India is welcoming globalisation of the toxic hazardous waste and its arrival
in Indian waters. Instead of falling into the trap of hazardous waste traders,
India should call for the development of guidance to aid countries to help
prohibit efforts to reclassify hazardous waste as non-waste in an exercise of
circuitous definition. Hazardous waste exporters from rich countries have been
consistently seeking to export toxic scrap to India and likewise, there has
been a similar trend among businesses in the India to import such waste.
This is being done despite the fact that National Environment Policy
acknowledges how "Environmental factors are estimated as being responsible
in some cases for nearly 20 percent of the burden of disease in India";
I submit that India must take a
principled stand in tune with the main principles of this UN treaty which are:
transboundary movements of hazardous wastes should be reduced to a minimum
consistent with their environmentally sound management; hazardous wastes should
be treated and disposed of as close as possible to their source of generation;
and hazardous waste generation should be reduced and minimized at source. The
present position is contrary to these principles and stands in manifest
contrast with its position in 1992.
Sir, you may recollect that by
decision III/1, of September 22, 1995, at COP-3, the Third meeting of the
Conference of the Contracting Parties to the above Convention that took place
in Geneva in September 1995, adopted an Amendment to the Convention. This bans
the export of hazardous wastes for final disposal and recycling from rich
countries to poorer countries. This Article reads as follows: “Instruments of
ratification, approval, formal confirmation or acceptance of amendments shall
be deposited with the Depositary. Amendments adopted in accordance with
paragraphs 3 or 4 [of article 17 of the Convention] shall enter into force
between Parties having accepted them on the ninetieth day after the receipt by
the Depositary of their instrument of ratification, approval, formal
confirmation or acceptance by at least three-fourths of the Parties who
accepted them or by at least two thirds of the Parties to the protocol
concerned who accepted them, except as may otherwise be provided in such
protocol. The amendments shall enter into force for any other Party on the
ninetieth day after that Party deposits its instrument of ratification,
approval, formal confirmation or acceptance of the amendments.” The Ban
Amendment has now entered into force without India. Its parent treaty, the
Basel Convention is in force and India is a party to it.
I submit that under the influence
of countries like USA, Germany, United Kingdom, Australia, Canada, South Korea
and Japan in general and U.S. Chamber of Commerce, the world’s largest business
federation representing the interests of more than 3 million businesses,
International Chamber of Commerce, US Institute of Scrap Recycling Industries
and Bureau of International Recycling (BIR), the international trade federation
representing the world’s recycling industry, India’s position have faced
continued dilution. These countries and interests never wished Basel
Convention, Ban Amendment and compliant Rules to come into force.
I submit that the Parliamentary
Committee on Science and Technology, Environment, Forests and Climate Change
may be requested to examine how as part of Clean India Mission, our Government
can try to regain its original stance of being a strong opponent of the
international waste trade and an ardent supporter ban on toxic waste exports
from the world’s richest countries to less industrialized ones. Government of
India should recollect its position at the First Conference of Parties to the
Basel Convention in Piriapolis, Uruguay, from 3-4 December, 1992. Shri A.
Bhattacharja, Head of the Indian delegation who pleaded with industrialized
countries to stop exporting hazardous waste. “You industrial countries have
been asking us to do many things for the global good — to stop cutting down our
forests, to stop using your CFCs. Now we are asking you to do something for the
global good: keep your own waste.” Government of India was firm even at the
Second Basel Convention Conference of Parties, in March 1994 and advocated ban
on all hazardous waste exports from the world’s most industrialized
countries, the members of the Organization of Economic Cooperation and
Development (OECD) to non-industrialized countries like India. It was only in
1995 that Government of India revised its position at the Third Basel
Conference of Parties in September 1995 under the harmful influence of
representatives of the US and Australia.
I submit that US Government and
ICC have been instrumental in outwitting the UN ban on hazardous waste trade
through bilateral Free Trade Agreements between countries. In one of its
position paper on the Basel Convention, ICC has even called for the ban on
hazardous waste to be stopped by the World Trade Organization (WTO) because it
is trade disruptive. This undermines the customary environmental law
principles.
To safeguard our country’s
environmental security and maritime security, India should not allow itself to
be misled by hazardous waste traders who are blinded by their lust for profit
at any human and environmental cost. In any case the truth about who all were
immorally, unethically and unpatriotically complicit with merchants of death,
the hazardous waste traders and who all defended public health will not remain
hidden for long. This is required to ensure that foreign toxic waste does not
flow in the veins and arteries of present and future Indians.
In view of the above facts, I
wish to request you to save India from becoming the dumping ground of rich countries
by referring The Recycling of Ships Bill, 2019 to the above mentioned
Parliamentary Committee.
Thanking you in anticipation
warm
regards
Gopal Krishna
ToxicsWatch
E-mail: 1715krishna@gmail.com
Web: www.toxicswatch.org
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