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Bangladeshi lawyers want shipbreaking to be regulated by law

The Bangladesh Environmental Lawyers Association (BELA) moved a petition before the High Court Division of Bangladesh on the 19th of April 2003, seeking relief against violation of legal provisions on environment and labour protection taking place in shipbreaking operations in Sitakunda of Chittagong. The petition was filed, amongst others, against national and local authorities and the Bangladesh Shipbreakers Association.

While referring to persistent violation of legal provisions by the shipbreaking enterprises, the petitioner referred to the findings of International Labour Organization (ILO), various government agencies, newspaper reports and its own finding from field investigation. The available records suggest that no shipbreaking agencies have environmental clearance, despite the clear requirement to have such clearance as a hazardous industry/factory. Moreover, the persistent violation of labour related laws in the shipbreaking agencies have resulted in major explosions in the past three years. The last of the series took place on the 9th of April, 2003 when an incident was reported causing the death of two persons.

Upon hearing the petitioner, the Division Bench of the High Court Division has called upon the respondents to show cause why shipbreaking operations should not obtain a certificate of environmental clearance as required under section 12 of the Environment Conservation Act, 1995 and on adopting detailed and appropriate safety and labour welfare measures as required under the Factories Act, 1965.

The Court has also asked the respondents to show cause why shipbreaking shall not be undertaken only after obtaining gas free certificate from the custom Department, to prevent dangerous explosions and protect the workers/labourers from the risk of death and injuries. In this regard the respondents would also show cause why import of ships for breaking purposes shall not be regulated in line with the requirements of the Basel Convention.