News

Denmark Asks India to Return Illegal Toxic Ship "Kong Frederik IX"
Coalition of Labor and Environmental groups Call on India to Comply at Once

On 15 April, 2005, the Danish environmental minister, Connie Hedegaard, sent a fax letter (1) to her counterpart, the Indian environment minister Mr. A. Raja, warning him that a toxic ship-for-scrap carrying carcinogenic asbestos insulation, is expected to arrive in India this week. The ferry ship Kong Frederik IX (now known as Frederik) left Denmark on March 16, 2005, and is headed to Alang for breaking. The fugitive ship is likely to arrive in India by 20 April, 2005.

According to the letter, the ship owners escaped Danish authorities, misleading Danish officials that had ordered the "Kong Frederik IX" to remain in Denmark until it had been decontaminated. Instead, the ship slipped out of a Danish port, and quickly changed its flag and name (to Frederik) and headed straight to the ship-breaking yards of Alang in Gujarat State for breaking. The Danish Minister is asking India to consider this ship illegal traffic under the Basel Convention and have it returned to Denmark so it can be stripped of hazardous substances.(2)

In her letter, Ms. Hedegaard stated: "I believe our interests are joint -- and I call on you to cooperate in this case by denying the ship to be dismantled in India - and refer the ship to be returned to Denmark in order to be stripped of the hazardous waste. By this we can send a strong signal that neither India nor Denmark will accept export of environmental problems that could be solved locally, and that we -- as governments will not accept this kind of foul play which results in lasting damage to the environment."

The Basel Convention and European Union laws implementing it define ships destined for breaking as hazardous wastes if they contain harmful waste substances. (4) Under the Basel Convention on Transboundary Movement of Hazardous Wastes and the Basel Ban Amendment decision, both fully implemented by the European Union, OECD countries like Denmark are prohibited from exporting hazardous wastes to non-OECD nations.

Ironically, the letter from the Danish authorities also reminds Indian authorities of the Indian Supreme Court order prohibiting the import of hazardous wastes, and requiring India to participate in international negotiations with a clear mandate for the decontamination of ships of all hazardous substances prior to export.

"In the case of ships-for-scrap, this order has only been observed in the breach," said Ramapati Kumar, Toxics Campaigner Greenpeace India , speaking for a large coalition of environmental and trade union groups, "Instead of enforcing full decontamination, the Indian Government has shown remarkable leniency towards ship-breakers who violate the law by importing ships containing hundreds of tons of toxic substances including asbestos and chemicals such as polychlorinated biphenyls.The Basel Convention rules are clear - they demand that India respect Denmark's request to declare the ship illegal traffic and refuse to allow it to be dumped in India." (3)

The international shipping industry has to take onus of this kind of trade. They have continuously scuttled initiatives geared to have them take ownership of the problem, which results in dumping on countries like India and impacts the lives of poor workers and the environment. The lack of action by the Indian Government abets this injustice, and the shipbreakers and the shipowners who make substantial economic gains jointly sacrifice
the interest of the most affected," says Gopal Krishna of Ban Asbestos Network, India.

Most recently, the Government and even a Supreme Court-appointed committee have indicated that they may allow a French naval ship "Clemenceau" carrying undisclosed quantities of asbestos and polychlorinated biphenyls without full decontamination. Despite the Indian Government's willingness to accept the toxic waste, the ship is currently held up in France due to an ongoing lawsuit filed by French environmental activists. "France should be ashamed of its attempts to dump its toxic wastes on India, and should learn from Denmark about its environmental responsibilities," said Annie Thebaud-Mony of Basel Action Network, France.

Activists intend to work to ensure that the Basel Convention is honoured and exports of ships for scrap only take place to developing countries after full prior decontamination.

Notes

(1) A PDF file of the letter can be found online here
(2) The 51 year old Great Belt ferry Kong Frederik IX (now Frederik), left Denmark after a heated debate about its destiny. The seller had stated his intentions to the scrap it and several bids had been given by Danish scrapping companies. Despite this, the ferry was sold to postbox company in St Vincent whereafter Jupiter Ship Management promptly took over the ship. Just last year, Jupiter Ship Management illegally exported a Danish ship - formerly owned by the Lauritzen Company - to Alang for breaking. The cover story was to use the former gas tanker as a water carrier. It took only one month for the ship to reach Alang. Despite an overwhelming amount of scrap-indications, the poorly resourced municipality of Korsør did not prevent the "Frederik" from leaving Danish harbour on the 16 march 2005. Despite assurances of continued use and refurbishing at a Greek shipyard, Kong Frederik IX reached Suez on the 10 April and continued on a southbound direction. On 16 april 2005, Minister Connie Hedegaard formally requested the Indian Minister for the Environment Mr. A. Raja to refer the ship back to Denmark to be stripped for hazardous waste. The Danish minister for the Environment Connie Hedegaard has also announced that she will file a complaint with police, should the ship turn up on Asian scrapping yards.
(3) The Basel Convention requires the consent of the importing, exporting and transit states to make any export of hazardous waste legal. As Denmark did not consent to the export, the export constitutes illegal traffic in accordance with Article 9 of the Convention. India, in accordance with Article 4, paragraph 4 must thus "take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the Convention."
(4) Last October, the Basel Convention Conference of Parties adopted a decision of 163 countries, of which Denmark and India were part, reaffirming that ships can be waste under the Convention and that Parties are obligated to fulfil their Basel Convention obligations with respect to ships. VII/21 on the Environmentally Sound Management of ship dismantling states: "The Conference of the Parties ....Reminds the Parties to fulfil their obligations under the Basel Convention where applicable, in particular obligations with respect to prior informed consent, their minimization of transboundary movements of hazardous wastes and the principles of environmentally sound management;"