Raising Awareness on Basel Convention and Toxic Waste Trade among the Port & Dock, Railways and other workers

United Nations Environment Programmes' Basel Convention on the Export of Hazardous wastes and it's disposal came intc, force on May 5,1992 [The Convention is called 'Basel Ban' because it was signed by contracting parties in Basel in Switzerland]. Under this Convention, the countries agreed in March, 1994 on an international ban on exports of toxic wastes meant for final disposal from Developed countries to developing countries with immediate effect. As for the toxic waste meant for 'recycling', the ban is to come into effect from 1st January, 1998.

The Basel Ban on Trade in Toxic Wastes represents the recognition by all countries that trade in toxic wastes is harmful to environment & human health and therefore should be avoided and prevented. It also represents the understanding that unless the companies are prevented from exporting their waste, they will not be motivated to look for environmentally safe and cleaner production inputs and processes, including technology options.

The Basel Ban on Toxic trade came about due to the unity of Developing countries (G-77) and the principled position of the Nordic states, led by Denmark and Norway. India, one of the major 'waste importer', is also, a party to the Basel Convention. However not many people in the country know this, least of all the workers who are exposed to this waste.

Current Waste Imports Situation in lndia:

The Waste Disposal in developed countries is becoming very expensive and difficult due to local environment groups' pressures. It is indeed the number one problem in the OECD countries today; With local community pressure groups in the developed countries not allowing their industries to dump waste in their backyards, lots of Companies have tried to solve this problem by exporting to, the developing countries where ever waste imports are allowed.

By 1990, most of the Africa, Carribean nations, Latin America, South-East Asia had banned waste imports. Today there are over 100 countries which have banned waste imports or severely restricted it. Only South Asia, notably India, allows toxic waste imports under present laws, although there are guidelines covering these.

India imports a lot of toxic waste from abroad, especially from countries like Germany, Netherlands, Australia, United States of America, Canada and United Kingdom. Most of it in the name of recycling.

Ministry of Commerce has recently (1994-95) put hazardous waste and Chemicals under the negative list in the Import control law. This means that hazardous waste & scrap can be imported into India but with a licence. Since April, 1994, Commerce Ministry had restricted through licence, the import of all This put the small scale industry involved in reprocessing & recycling into difficulties (recycling of plastic waste and other scraps is done mainly in the small scale industry (SSI), under extremely hazardous and unsafe conditions, plastic waste, EXCEPT PET beverage bottle waste.

The new Exim policy does not ban toxic waste trade as such,it allows the import of hazardous waste for recycling through a licence (such as for plastics). However, hazardous chemicals can be imported without a licence if the imports are made in accordance with the Environment (Protection) Act, 1986. In addition there are Hazardous Waste Mangagement Rules of 1989; Other instruments are 1986 rules for handling hazardous chemicals & Poison Act.

Plastic scrap & Wastes, metal wastes, Paper wastes, rubber waste- most of these wastes are restricted for import through a proviso, vide para 27(2) of the Handbook of Procedures seeking to interpet 'used/second hand goods'. According to para 27(2)- PET bottle waste import do not need a licence, otherwise other types of acrylic and plastic waste need a licence as do other types of waste.

(Handbook of procedures for 1995-96 is yet to be released).

Under the present framework, Indian businessmen are importing -

Plastic scrap & wastes, Metal, Paper & Rubber wastes, lead Acid Batteries, lead Ash, used nonferrous machinery and scrap, Zinc Ash, Dross, Copper scrap, Ash, Asbestos and waste building material, etc.

According to Greenpeace International Toxics Campaign, in 1995 alone, USA shipped about 45000 metric tonnes of hazardous waste to India, while Australia shipped 2000 mt in just 2 months (July- August '95). "in the 4 month period between Dec.'95 and March'96, about 1533 metric tonnes of Lead waste was imported into India, according to Informant Import Data Service, Bombay, " informs a Greenpeace report.

In reality, not much is known about the various types of waste coming into, the country's ports. It is only when the Importer declares the cargo as hazardous that the rules and regulations come into effect. The experience shows that this declaration is rarely made by the importers. The fact that the waste is meant for recycling, curiously renders it non-hazardous in the eyes of the authorities. The Dock and other workers handling the containers, rarely know what is inside the container or in the waste that workers are trying to sort out and process.

Most of the waste exported to developing countries is considered too Toxic to, be recycled or dumped in the exporting country. For instance the post consumer Plastic waste that are exported from developed countries is often contaminated with harmful chemicals, bacteria, fungi, bacterial endotoxins; and non-ferrous wastes (like Zinc Ashes) are often contaminated with toxins like lead, cadmium, Chlorine, Nickel, Chromium, etc and oxides of these metals and chemicals*. Disposing such wastes in developed countries is highly expensive and tightly controlled under environmental regulations. That is why it is usually exported to the countries where environmental laws are lax and people have very little right to, information.

In future, as privatisation proceeds all over the world, we can expect even radio-active wastes to be dispatched to countries like India; There will always be business that will see profits in the waste trade. Workers who handle this waste are essentially in the recycling industries in small and medium sized industries in unorganised sector who will suffer the consequences. Apart from these, the other workers at risk are the Dock and Transport workers, including Rail and Roadways workers involved in loading-unloading and transportation. It is essential therefore that the workers must know what they are handling and what safety measures can be taken.

In this context, HMS is quite concerned at the contradictory policies being followed by India in matters of waste imports, pollution control and Environment protection. On one hand, action is being taken against the polluting industrial units to set up Effluent Treatment Facilities or close down (under the Supreme Courts' orders), on the other hand Government policy is still allowing:

• toxic/ hazardous wastes from the developed countries to be recycled and/or dumped into India; and
• industrial projects to come up without any comprehensive environmental impact assessments.

At the level of Judiciary, there is a case filed in the Supreme Court by Ms. Vandana Shiva, Director, Research Foundation for Science Technology and Natural Resource Policy that is asking for a complete ban on waste imports into the country that is being allowed in the name of recycling. The judgement is awaited. In yet another case, the Delhi High Court has banned toxic waste import by a private waste importer whose consignment of lead waste was held up by the Customs Authorities. The government machinery is trying to defend these waste imports. The case has not been fully decided as yet.

The total ban on international waste trade comes into effect from 1st Jan. 1998, in less than one and a half years. Indian Government in the meanwhile has to take steps to ensure that import ban is implemenied effectively.

At the point of Imports ie. the Ports, the Custom Authorities as well as the Port and Dock workers will have to informed and trained to be aware of waste imports and to protect themselves against the hazards posed by imported waste; The present position, where workers do not even know what Cargo they are handling,has to be changed and information on the nature of cargo and hazards posed by it, needs to be explicitly given to the workers.

It is also essential that Importing Agents/ Companies are forced to declare not only the quantities and value of cargo being imported but also health and environment related hazards linked to the cargo being imported.

The Recycling industries also need to be closely monitored from the point of view of Health & Safety of Workers and Environment Protection.At the same time, the workers in the recycling industries will also have to be given training and redeployed in safe, sustainable alternative jobs in industries that are not dependent on imported toxic wastes.

What can the Unions do ?

This increasing waste trade into India should be noticed by the representatives of unions in Port & Docks, Seafarers and Railways. There is much need to spread knowledge of safe handling of waste-toxic or otherwise, among the workers to prevent Occupational Health problems and risks to environment due to careless handling.

HMS, along with the Dock workers unions would like to -

1. undertake Information collection & research on wastes coming into India.
2. Raise awareness for adopting safety measures among Transport & Dock Workers Unions and other Workers who are routinely exposed to this trade during loading-unloading and transport operations;

Some of the questions on which trade unions should collect information on are the following:

1. What all type of waste is being imported at the Port? By whom and For whom? [such Information is available with the Customs Authorities such as in their 120 Day Manifest]
2. What are the arrangements in the Port for handling Hazardous waste? What are the Cargo handling practices at Port ? how safe or unsafe are these? [any rules and regulations]
3. Any reported accident involving hazardous cargo in the past? (Examples, if any, such as any Fire explosion, Spills,etc in Docks)
4. What kind of pollution do ships cause in harbour ? What are the regulations to control this?
5. Is there any awareness of the BASEL Convention among the authorities, Employers or Workers and their unions?
6. What happens to this imported waste? Recycled or Dumped? How is it transported to the end user?
7. What are the trade unions views on Waste trade and recycling of toxic waste?
8. What safety measures are needed to make cargo handling more safe?
9. Do you think unions can have any role in ensuring that India does not become a dumping ground for the wastes from other countries?

INDIA and Waste Imports*

National Policy At the first meeting of the Basel Convention held at the seaside town of Piripolis, Uruguay in November 1992, the Indian delegation made an unsuccessful plea for an end to all waste trade. The head of the Indian delegation, Mr. A. Bhattacharya, said, "You industrial countries have been asking us to do many. things for the global good - to stop cutting down our forests, to stop using your CFCs - now we are asking you to do sornething for the global good: keep your own waste."

From being an ardent supporter of Ban on international trade in toxic wastes in 1992, the Indian governments' position has changed and it has tried to lobby for partial ban, while allowing waste trade for recycling to continue. This change in position has come about due to pressure from some developed countries like Australia and United States of America (as also from Germany and UK). Indian laws allow toxic waste imports so long as it is meant for recycling and the importer declares it as such. The Bombay Port has a separate facilities for hazardous cargo at Haji Bunder docks.

But despite India falling in line with the Waste exporting countries, the ban on international trade in toxic waste even for recycling has come about and this ban will take effect from 1st January, 1998.

Waste Import Statistics

India imports waste from many countries including Australia, Canada, the United States and the United Kingdom. Current information regarding the amount of wastes exported by Germany and the U.S. are unavailable. However, it is known that 2,203,182 Kg of metal wastes were shipped to India during 1989 from Germany, and 544,773 kg of plastic waste from the U.S. in January 1993.

In 1995, between July and August, Australia shipped over 2000 mt of waste to India such as - lead battery scrap, lead ash & waste, ashes and other waste containing zinc, copper, aluminium, etc.

In 1995, USA exported about 45000mt of waste to lndia according -to the figures from US shipping manifests collected by Greenpeace. This waste consisted of lead & Zinc ash, Dross, Residue, slag and scrap besides plastic, copper, Aluminium.

(These figures do not include waste exported from Canada via the U.S)

Waste Import Schemes

The Hamburg Environment Authority stopped the Indian Ship Vishva Pankaj at the quay of the agent-company Wallmann & Co. The ship was carrying 1,200 tonnes of plastic waste destined for the Indian Port of Kandla. Two waste companies were involved in this scheme; one unknown from the City of Stuttgart, the other SKP of Hamburg. SKP told the Hamburg E.A. that Indian people would work for low pay, cleaning and sorting the waste in their gardens. The plastic waste is now going to a company in the Netherlands.

The German company Vacmetall Gesellschaft fuer Vakuum Metallurgie GmbH is planning to build a metals recycling plant, in a joint venture with Larsen & Toubro Ltd.Fn: Calcutta.

The French news service, Agence France-Presse International News, reported on May 15, 1991, that India put out an offer to reprocess spent nuclear fuel from foreign reactors, in order to earn foreign exchange.

According to the news service India's Atomic Energy Commission announced to the International Atomic Energy Agency, based in Vienna, Austria, that it is ready to accept the accumulated spent radioactive fuel from some of the 125 worldwide nuclear reactors. India would reclaim plutonium from these wastes. No information on how much waste the country planned to import is available.

In October 1990, Doe Run, a major U.S. lead and Zinc mining company, shipped over 3,000 tons of waste labelled 'Lead Residues' from Baton Rouge, to Bombay, India. The fate of these residues is unknown.

In 1989 Xinhua News Service reported that two U.S. ships carrying radioactive wastes were lurking off the coast of India looking for a dumping ground for their cargo. The Indian coast watch was put on high alert for the ships.

In 1979, brothers Jack and Charles Colbert sent scrap industrial polyvinyl chloride resins to, India. Mohan Exports, the Indian company that had ordered the resins, discovered upon arrival that the shipment was waste material and of no use.

The Colbert brothers are notorious waste traders and arms merchants who are featured in the video "Global Dumping Ground" and in the infamous plot to dump dry cleaning solvents and other wastes down an abandoned mine shaft in Zimbabwe. They have been indicted in the United States and were sentenceci to 13 years in a U.S. federal prison.
Source : The Waste Invasion of Asia,A Greenpeace Inventory, by Greenpeace Toxic Trade Campaign.

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