Fact Sheet

On

ARSENIC #XX

June 2003

PREPARED BY:

Disaster Forum

5/8, Sir Syed Road,

Mohammadpur,

Dhaka-1200, Bangladesh

Phone # 017-524409

Editorial:

The discovery of arsenic in the groundwater presented the government with a challenge that was not only unforeseen, it was not within its realm of experience. Finding itself too ill-equipped to meet the challenge that comes with widespread poisoning, and in the knowledge that its health services were too inadequate for an emergency of this dimension, the government adopted the only course open to it - denial. Ten years or more later, it is still fumbling in its search for a solution, meanwhile the worst environmental disaster in history is gaining ground.

The outcome of the case against BGS now underway in London will, if successful be very significant in that people will get a boost and feel that their sufferings over the past decade have been redressed, at least to some extent. This however will in no way compensate for the pain and agony they have had to undergo if it is found that the BGS were negligent in their duties. Even so the government must not allow themselves to be lulled into a false sense of security because, although it may help a couple of people financially, and could even pave the way for further cases by others so afflicted, it will not solve the problem of how to deal with arsenic cases or how to provide people with potable water.

Arsenic-related illnesses, known collectively as arsenicosis, mainly affect people in their productive years and it is this loss of productivity that is damaging for the economy and will in time be reflected in the Gross Domestic Product (GDP). But a far greater tragedy is that despite the passage of time, there has been no fresh thinking on what promises to be a massive social and environmental problem. It is also important to note that the number of affected people is on the increase.

The scattered and clustered distribution of arsenicosis patients must also be noted as this calls for a well-planned research programme to determine the factors behind it. Research can also determine the reasons why some people are affected and others not and why men are more affected than women. The outcome of such research could provide some of the answers or at least a better understanding of the problem. What this means in a nut shell is we still have a long way to go before we understand the problem well enough to be able to bring it under control.

Sylvia Mortoza

Gawher Nayeem Wahra

Sumaya Noor

______

Editorial & Compilation Team

June 30, 2003

Forward

The main item in this issue focuses on the case against the British Geological Survey (BGS) now underway in London. In brief the case revolves around the charge that in 1992 the BGS was negligent in not testing for arsenic when it conducted a pilot project to assess the ground water in central and northeastern Bangladesh.

Other topics:

·  The Draft Policy for Arsenic Free Drinking Water likely to be passed.

·  Water Watch Protocol

·  The World Bank

·  A New Time Limit for Implementing the BAMWSP Project?

·  Finalization of the Water Quality Surveillance Team

·  A Survey That Shows People are Indifferent to the Effect of Arsenic on Health.

·  Dupitila Formations Free From Arsenic?

·  Arsenic In The Food Chain.

·  Rainwater Harvesting

·  Roundtable on Arsenic.

·  The Mekon Basin.

·  Seminar on Arsenic.

·  The Asian Development Bank.

·  Well Sharing.


LEGAL ACTION REPORT

ARSENIC Case Underway in London: High Court Rejects Defendants Attempts to Block Hearing....

A HIGH COURT VICTORY FOR BANGLADESHI ARSENIC VICTIMS: Natural Environment Research Council: Press release no. 7/03; Date: 8 May 2003

In a judgement given May 8, 2003 Justice Simon dismissed the defendant's application to strike out the arsenic victim's claims.

The Defendants sought to argue that they did not owe a duty of care to the victims, and that the case should not proceed to trial.

The Judge however found the case too complex in both law and fact to dispose of at this stage. In his judgement, Mr Justice Simon while dismissing the Defendant's application, concluded that “this case raises a novel point in the developing area of law on the reliance of technical reports and that there is a case for the Defendants to answer, which should be decided at a full trial.” The Court has not passed judgement on the merits of the claim however.

Leigh Day & Co and Mr.Alexander Harris represented the two Bangladeshi residents, Binod Sutradhar and Lucky Begum, who allege that BGS' failure to detect high levels of arsenic in ground water has endangered their lives.

The Claimants' case is that had BGS carried out the necessary tests they would have identified the very high levels of arsenic contamination in the water. Instead, they gave the water a clean bill of health and as a consequence the Claimants continued to drink the water that was highly contaminated for a further 5-6 years before the first arsenic victims were diagnosed. The Claimants both suffer from arsenic related diseases.

The lead case, Mr Binod Sutradhur, has been diagnosed with painful ulcers on his hands and feet - typical of arsenicosis - and is much more vulnerable to skin cancer and other forms of cancer.

Martyn Day of Leigh Day & Co said: "The arsenic poisoning in Bangladesh has been a tragedy for many thousands of villagers that may well have been prevented, or certainly ameliorated, if the Defendants had done their job properly. It is important for British justice that the Defendant's liability is properly resolved by this case going forward to a full trial. I am very pleased that the Court has rejected the Defendants attempt to block this happening".

The Natural Environment Research Council: (NERC) intends to apply to the Court of Appeal for leave to appeal against this decision.

INITIATIVE

Water Watch Protocol Finalised

In a big step forward to fight the dreaded arsenic contamination of groundwater, the long awaited 'water quality surveillance protocol for rural water supply options in Bangladesh' has been finalized. Already approved by the Local Government Ministry, officials said the Department of Public Health Engineering (DPHE) would soon start to implement the protocol.

The protocol provides for the monitoring and periodic tests of water quality in various drinking water options. The DPHE would conduct tests to detect arsenic, iron, manganese, chloride, nitrate, zinc, hardness, colour, odour, pH (acidity), electric conductivity and turbidity. The protocol also recommended tests for bacteria and pesticides in water.

In cases of water options like pond sand filter and rainwater harvesting (RWH), the protocol suggests tests for arsenic and nitrate every six and three months respectively. For iron, manganese and chloride, it recommended tests every six months, for pesticide once a year and for bacteria, colour and odour investigations every 15 days. For other water options like hand-pumped tube-wells, deep tube-wells, arsenic removal plants and dug wells, the frequency of tests would vary from three to six months.

In many areas, the concentration of arsenic, iron, manganese, chloride and nitrate in the water exceeds WHO-recommended limits, thus exposing people to serious health hazards. Up to now however, regular tests could not be conducted largely due to an shortage of laboratories and fund crisis. Three laboratories for water tests are being set up at Barisal, Rangpur and Sylhet. Apart from these the existing four laboratories have been modernized with technical assistance from WHO.

Under the new protocol, water samples from hand-pumped tube-wells and deep tube-wells will be collected from different areas and tested at the laboratories. Similar tests will also be done before sinking new deep tube-wells.

A member of the task force that finalized the protocol, said, "This is for the first time the country will have a set standard for water quality."

The protocol however ignores tests for certain chemicals -- uranium, barium, molybdenum, antimony, cadmium and chromium - already detected in groundwater at many places at levels higher than the WHO-recommended limits. Officials said such tests were not recommended now due to a lack of facilities but they would be done in future.

According to a countrywide study by the DPHE and the British Geological Survey (BGS), an alarming proportion of inorganic chemicals like uranium, manganese, boron, sulphur, fluoride, phosphorus remains in the groundwater in many places. The study concluded that 35 per cent of water samples collected from hand-pumped tube-wells in 61 districts showed arsenic contamination beyond the WHO-recommended limits. Other studies initiated in 1998-1999 revealed various levels of contamination of groundwater, in some cases very high.

National Policy for Arsenic Mitigation

The need for a national plan was felt for some time as isolated efforts by donors and other organisations have not proven to be very effective. The UNICEF, DANIDA, UNDP, Swiss Development Corporation and the World Bank have been working individually and as such, the LGRD and Cooperatives Minister Abdul Mannan Bhuiyan initiated the formation of an umbrella plan.

He said the WB and other donor agencies appreciated this initiative of the government and have agreed to work under the plan. The worst affected areas will be given priority for implementation of the national plan. The minister further said the government has also planned to ensure the supply of arsenic-free water through pipeline in all villages of the country in stages.

A Comprehensive Programme

The government has undertaken this comprehensive programme to mitigate the arsenic problem and ensure a countrywide supply of safe drinking water. Official sources said the programme has been taken up in view of the fast growing demand for safe drinking water due mainly to rapid urbanisation, population growth and increased public awareness against the contamination of water by arsenic.

The cabinet was to approve the draft of the much-awaited National Policy for Arsenic Mitigation at an inter-ministerial meeting on May 12, 2003. According to sources at the Local Government and Rural Development Ministry (LGRD), the proposed policy highlights emergency steps to provide alternative safe drinking water options to arsenic affected areas, rehabilitation of serious arsenic poisoned patients and research activities on arsenic in the food chain.

The proposed Policy would set a guideline for mitigating the effect of arsenic both on humans and environment in a suitable way. Under the policy, all tube wells and irrigation wells would be screened and monitored regularly to identify contamination. Arsenic patients and people at risk would also be identified to provide proper remedy. "Special Priority will be given to surface water options over groundwater sources. The options, in order of priority include dug well, pond sand filter, rainwater harvesting, deep hand-tube wells, arsenic removal by using chemicals, and piped-water supply system" confirmed an official. The policy outlines necessary steps to ensure alternative water supplies.

It said villages with more than 80 percent of contaminated tube wells would come under emergency steps. Besides pockets of high contamination having high number of arsenic patients in villages with otherwise low level of arsenic in water might also get an emergency response. Villages that have between 40 and 80 percent of the wells contaminated would get medium term response. For long term response, only proven and sustainable technology options would be promoted. For municipal or urban water supply, the policy placed emphasis on providing treated surface water or bringing safe water from distant sources as an alternative option but in that case, removal of arsenic sludge is a must.

About treatment of arsenic patients, the draft policy provides for specific case management and a database on national prevalence of arsenicosis or arsenic contamination on humans. For serious arsenic patients there would be provision for treatment at all public hospitals. Besides, seriously affected patients would be rehabilitated, it said. The policy also proposed establishment of well-equipped laboratories and steps to appoint international expertise in areas where local expertise is yet to develop. All stakeholders would work within the framework of the policy, and government agencies would administer the policy in a coordinated way, it said. A team of experts under the supervision of LGRD Minister has prepared the draft.

The World Bank

The World Bank country director Frederic T Temple has assured all necessary assistance in implementing projects for supplying arsenic-free drinking water through pipeline throughout the country. The assurance came when he called on the LGRD and Cooperatives Minister Abdul Mannan Bhuiyan at his office in the city. During the meeting Frederic Temple discussed matters of mutual interests with the Minister. Local Government Secretary AYBI Siddiqui, World Bank environment expert Paul J Martin and adviser Shubrata Dhar were present on the occasion, said an official release.

PROJECT

A New Term for Implementing the BAMWSP Project to be Approved?

The Bangladesh Arsenic Mitigation Water Supply Project (BAMWSP) may be extended for another three years.

The project was undertaken five years ago to prevent the arsenic menace In 1998 the government had taken an initiative for mitigating arsenic problem named "Bangladesh Arsenic Mitigation Water Supply Project " (BAMWSP). Initially the proposed cost of the project was Taka 178 crore. Donor agencies supposed to provide 135 crore Taka and the rest 43 crore Taka would be provided from the government’s own fund. Later the cost was increased to Taka 192 crore. The Department of Public Health Engineering (DPHE), a section of LGED Ministry, was in charge of completion of this project. The proposed work was supposed to be completed by 2001 but the implementing authority failed to complete the work in time and the funding agency extended the duration of the project up to June 2003. Earlier it was extended for nine months after its expiry in September 2002.

In the extended period only a few works like the screening of tube wells, identification of patients, providing arsenic free water on an emergency basis, furnishing the laboratory of Department of Public Health Engineering (DPHE), building a new laboratory and mass awareness activities have been completed at an expenditure of Taka 92 crore. But the major portion of the work was incomplete. Observing the slow progress the World Bank (WB) threatened to withdraw the money after which a team of experts from WB headquarters in Washington, US, came to review the progress and expressed their satisfaction but local officials were still unhappy with the pace of the project as it was supposed to provide alternative sources of safe drinking water to the arsenic affected areas. However mitigation actions are still very limited in scope and only a few upazilas have been provided with mitigation services. Tubewell testing has been completed in 147 out of 268 upazila.