Update on Shipbreaking Asbestos Issues:  Ratification of Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships.  As to Asbestos Harm, Worthless or Worthwhile?

This posting follows up on my research thesis on the asbestos exposures experienced by shipbreaking laborers in Bangladesh published in two of my May 2023 blogs which are at https://theasbestosblog.com/?p=10929 and https://theasbestosblog.com/?p=10943. This update becomes necessary based on the ratification of the Hong Kong Convention discussed below.

The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships which, based on the ratification by Liberia on June 26, 2023 (a major flag state) and Bangladesh on June 12, 2023 (a beach recycling country) will enter into force on June 26, 2025, two years after the Liberia ratification. The Convention when passed 14 years ago was intended to ensure that ships being recycled after reaching the end of their operational lives do not pose any unnecessary risk to human health and safety or to the environment. An excellent goal: a horrible failure even at the beginning as to addressing asbestos related exposure and injuries.

An extensive discussion on the Hong Kong Convention is contained in a 2020 law review article published in the Santa Clara Journal of International Law by Ishtiaque Ahmed, J.S.D. titled “Ungovernable Ships at the End of their Lives and the Response of the Hong Kong Convention: A Critical Appraisal of the Treaty on Ship-breaking from the Perspective of South Asian Ship-Breaking Nations” https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1237&context=scujil.

Most importantly are post-ratification statements by ship recycling workers in Bangladesh. One of them has framed it as follows:

“Can the Hong Kong Convention tear the chains of exploitation of shipwreck workers to establish their rights. History says that their rights were not established until workers vowed to collect their demands, unite in the safety of life, employment card, identity card, minimum wage, trade union rights.”

Another worker has told me:

“In Bangladesh, both shipbreaking owners and officials of the government are concerned of their commercial image rather than laborers benefits and their issues… But the major issues such as laborers, wages, agreement, skill training, treatment, compensation will remain as it is now.”

Still, another expert in the area has put it this way:

“its a classic example of global corruption and international politics.”

That being said, maybe it means something. Another expert in the field puts it this way:

“It can be presumed that the Ministry of Industry in Bangladesh deemed a satisfactory number of facilities to have made progress or will make progress within the next two years prior to the enforcement of the HKC, in obtaining the HKC SoC from the classification societies. Consequently, the decision to proceed with HKC Ratification was made.

While recognizing the presence of international lobbying and political pressures, it is crucial to acknowledge that the acquisition of the Hong Kong Convention on Ship Recycling (HKC SoC) requires certain minimum improvements to ship-recycling practices. These improvements may entail the implementation of an impermeable cutting floor, the establishment of a procedure for removing oil from oily ship blocks prior to cutting, and the treatment of oily water before its release into the environment. These specific measures target the primary areas of accidents and environmental pollution in ship recycling operations.

It is evident that non-governmental organizations (NGOs) and the Bangladesh Environmental Lawyers Association (BELA) are anticipating an immediate transition to a completely safe and sustainable industry operation, which is an unrealistic expectation for any industry worldwide. Regulatory enforcement must align with the economic viability of the facilities. It may be beneficial to engage in discussions and reach an agreement between the MoI and BELA regarding a realistic implementation or improvement timeline, such as a 10- or 20-year pathway. Subsequently, periodic assessments can be conducted to evaluate the progress made in fulfilling the agreed-upon plan.“

Contrary to the above position, the NGO Shipbreaking Platform views the ratification as follows:

“One of the primary criticisms to the Hong Kong Convention, as opposed to the Basel Convention, is its failure to establish robust environmental and social standards for the recycling of end-of-life ships, which inevitably contain several toxic substances within their structures. On the one hand, the Hong Kong Convention sets no requirements, beyond compliance with national rules (which are not properly enforced), for the management of hazardous wastes downstream, and endorses beaching, the practice of dismantling ships on tidal shores that has long been associated with pollution and health hazards for both workers and local communities. On the other hand, the Convention lacks provisions to protect workers engaged in shipbreaking operations, who often face precarious work environments, lack of protective equipment, and limited access to medical facilities.”

Only time will tell, but at least the ratification will open a dialog of sorts. Whether the dialog will be meaningful is clearly in doubt. Hope springs eternal?

If you have any questions or thoughts, let me know in the comment section or by email to TheAsbestosBlog@gmail.com. Thanks. Marty