- Press Release -

High Court Directives to Regulate Ship Breaking

- HIGH COURT DIRECTS CLOSURE OF SHIP BREKAING YARDS OPERATING WITHOUT ENVIRONMENTAL CLEARANCE

- NO GREEN PEACE LISTED SHIP TO ENTER BANGLADESH

- NO SHIP TO ENTER BANGLADESH FOR BREAKING WITHOUT BEING PRE-CLEANED

- A COMMITTEE TO MONITOR IMPLEMENTATION OF HIGH COURT DIRECTIONS

In a writ petition filed by Bangladesh Environmental Lawyers Association (BELA), the division bench of the Hon’ble High Court of the Supreme Court comprising Mr. Justice Md. Iman Ali and Mr. Justice Sheikh Abdul Awal has today, 17 March, 2009, directed the Department of Environment to ensure that all ship breaking yards operating without environmental clearance closes operation within two (2) weeks from the receipt of the court order. The Court decision drew from the report (11.12.2008) submitted by the Department of Environment (DoE) that revealed that none of the 36 ship breaking yards have ever taken or applied for environmental clearance which has been identified by the DoE as “red”(extremely dangerous) category industry. The Court in expressing its utter dismay has observed that none of the ministries have cooperated to ensure compliance with the environmental laws while the Department of Shipping has always taken interest in importing more and more ships ignoring public interest, labour welfare and environmental protection. As per the Court order, no ship breaking operation shall take place without first obtaining the legally mandatory environmental clearance.


The BELA petition was filed last September (2008) challenging the entry of the Green Peace listed ship M.T. Enterprise into Bangladesh despite the refusal of the country of allow entry of other two Green Peace listed ships namely MT Alfaship and SS Norway. While M.T. Enterprise made its entry into the country following dubious attempts of the Department of Shipping and has already been substantially dismantled, the Hon’ble Court directed that none of the other Green Peace listed ships shall be imported into Bangladesh for breaking purposes unless and until appropriate scrutiny of relevant information as to their waste content and cleaning is done by authorities in line with applicable laws and proper infrastructural facility is in place to deal with such ships.

Following the earlier judgment (06.07.2006) passed by Mr. Justice Syed Mohammad Dastagir Hossain and Mr. Justice Mamnun Rahman in the case of M.T. Alfaship and the reluctance of the government in complying with the said judgment, the instant petition of BELA sought further judicial intervention for direction upon the government for framing of rules to regulate the ship breaking industry. The Hon’ble Court has 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 directed to inform the Court after three months on the status of framing of the rules.

The Hon’ble Court has directed the government to ensure that no ship with hazardous wastes enter Bangladesh without being pre-cleaned at source or outside the territory of Bangladesh (before entering the country). The government has to ensure that ships are only broken after guaranteeing safe working condition for the labourers and having in place appropriate disposal arrangements for hazardous wastes and protection of environment.

While the concerned lawyers shall inform the order to their respective respondents, the operative part of the judgment shall further be communicated to the concerned agencies by special messengers so that there is no delay in complying with the court order. The matter shall appear for order on 7 April, 2009 when the DoE shall have to inform the Court as to the progress made in closing the non-complaint yards and operations. The Hon’ble Court is of the opinion to subsequently form a Committee to ensure implementation of the court orders as shall be passed from time to time.

The BELA petition was moved by former Attorney General Fida M. Kamal with assistance from S. Rizwana Hasan, Bahreen Khan and Iqbal Kabir.

Sent by:

Md. Iqbal Kabir

Senior Lawyer, BELA

17-03-2009