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Industrial (toxic) waste conflicts around the world - February 2012

ejolt report

no.

April, 2012

Industrial waste conflicts around the world


Case studies from India and Bulgaria: shipbreaking and incineration
Contributions by Federico Demaria, Evgenia Tasheva and Ivaylo Hlebarov
EJOLT Report No. 01

Industrial waste conflicts aroun the world - April 2012 e nd

April - 2 2012

EJOL Report No.: 01 LT

Ind trial dust l was con cts ste nflic aro d th ound he wor rld
Case stud fr e dies rom India and Bulg a garia: shipb king and break a incin neratio on

Report written by: w


Feder rico Demaria (ICTA UAB) Evge enia Tasheva (Za Zemiata ( ylo Za Ivay Hlebarov (Z Zemiata)

Design:
Jacques b bureau for gra aphic design (N Netherlands)

Layout:
Be eatriz Rodrgu uez-Labajos Nick Meynen N

Seri editor: ies


Be eatriz Rodrgu uez-Labajos The conte ents of this report may be reproduc in whole or in part for ced o educational or n non-profit services without special perm mission from the authors, t pro ovided acknow wledgement of the source is made. Th publication was develope as a part his n ed of the projectt Environmen Justice ntal Organisation Liabilities and Trade ns, s (EJOLT) (FP7-Science in Society-2010 n 0-1). EJOLT e aims to improve policy responses to and sup pport collabora rative research and action h on enviro onmental conflicts through capacity building of environme g ental justice groups around the world. urce library an database nd Visit our free resou at www..ejolt.org or fo ollow tweets @EnvJustice to stay curre on latest e) ent (@ news and events.

This document shou be cite as: uld ed


Demaria, Fed derico; Tashe eva, Evgenia; Hlebarov, Iv vaylo. 2012. In ndustrial (tox waste con xic) nflicts around the d world. Case s studies from India and Bu ulgaria: shipb breaking and incineration, EJOLT Repo No. 1, 68 p. ort p

EJOLT Report No. 01 t

Industrial waste conflicts aroun the world I e nd

Abstract t
Rich socie eties use lar rge amounts of resource Conflicts of resource extraction s es. s e and waste disposal, su as the conflict over the excessiv production of carbon e uch c ve dioxide, ar rise as a con nsequence of this. Rich societies gen erate large quantities of f q all kinds of waste, fac o cing rising management costs and a m awakening op pposition to waste trea atment and d disposal sites such as in s, ncinerators a and landfills. This is also the backgr round of a ra apidly changing and lucra ative trade, g global in nature, in which waste flow towards de ws eveloping co ountries or po oorer areas o developed countries. of d This repor through inrt, -depth case studies from India and B m Bulgaria, aims to link the increased social metab bolism (ener and mate rgy erial flows) o the econom to waste of my disposal conflicts. The first case study is abo shipbreak c e s out king (the dis smantling of obsolete ocean-going ships) in Ala o ang-Sosiya (I India), an ex xample of how the North w dumps tox waste in t South. The second case study is about a fai xic the T c s iled attempt to build an hazardous w n waste incine erator in Radnevo (Bulgar ria). xternalities but due to Waste dis sposal confl icts often arise not because of ex a successful cases of co shifting, or else, capital accumul ation by con ost ntamination. As a cons sequence, e cological dis stribution conflicts emerg as valuat ge tion conflict where acto deploy diifferent valua ors ation languag to affirm their right to use a safe ges o environme ent, from wh hich their he ealth and liv velihood ofte depends upon. Key en lessons an mutual le nd earning from both cases is then disc cussed payin particular ng attention to the polit tical strategies which can be ado c opted in env vironmental conflicts, including g grass roots mobilization cases in the Court n, n ts, popular epidemiolo ogy, nationall and international allianc ces.

Keyword ds
waste disp posal conflict ts environme ental justice accumulat tion by conta amination cost-shiftin ng Ecological une equal exchange La awrence Sum mmers' princ ciple va alue incomm mensurability

EJOLT Report No. 01 t

Industrial waste conflicts aroun the world I e nd

Co ten ont nts


Preface 1 1.1 1.2 Int troduction Pre eliminary re emarks: soc metabollism and wa cial aste disposa conflicts al Ca studies ase 1.2 Shipbre 2.1 eaking at Alang-Sosiya (India) a 1.2 Toxic w 2.2 waste incine erator in Rad dnevo (Bulg garia) 1.3 2 2.1 2.2 2.3 Th heoretical fra amework Ca study: Shipbreaking at Alan ase ng-Sosiya (India) ( Ba ackground Me ethods and study regio on Th Shipbrea he aking industry 2.3 The Sh 3.1 hipping industry 2.3 History of an indus 3.2 stry 2.3 From th ship own to the sh breaker through cash buyers 3.3 he ner hip 2.3 ASSBY AlangSo 3.4 Y: osiya Shipbr reaking Yar rd 2.3 Shipbre 3.5 eaking process 2.4 Ha azardous wa aste and so ocio-environ nmental imp pacts 2.4 Hazard 4.1 dous waste generation and manag g gement 2.4 Pollutan discharg 4.2 nts ged 2.4 Socio-e 4.3 environmental impacts 2.4 Emerge 4.4 ence of a co onflict: From material origins to cu m o ultural disco ourses 2.5 Lo ooking close at the eco er ological dist tribution con nflict: The B Blue Lady c case at the Suprem Court (20 me 0062007) 2.5 Three s 5.1 spatial scale for the co es onflict: Inter rnational, na ational and local 2.5 History of the Blue Lady last voyage 5.2 e 2.5 The cas in the Su 5.3 se upreme Cou Argume urt: ents and lan nguages of v valuation 2.5 The fina Court Ord on Blue Lady 5.4 al der e 2.5 Ships: w 5.5 which and from where? f ? 2.6 Po olicy recomm mendations s 5 7 7 8 8 8 9 11 11 12 13 13 19 19 20 21 23 23 24 24 31 31 31 32 33 36 37 38

EJOLT Report No. 01 t

Industrial waste conflicts aroun the world I e nd

3 3.1

Ca study: Hazardous waste cen ase s ntre in Rad dnevo (Bulg garia) Ba ackground 3.1 Chrono 1.1 ology of eve ents 3.1 Geogra 1.2 aphical back kground 3.1 Social background 1.3 b d 3.1 Econom backgro 1.4 mic ound 3.1 Environ 1.5 nmental bac ckground

39 39 39 40 41 42 42 45 46 47 47 50 58 59 59 60 61 61 61

3.2 3.3 3.4

De escription of the project f Impacts of the project he Th conflict olders 3.4 Stakeho 4.1 flict 3.4 History of the conf 4.2

3.5 4 4.1 4.2 4.3

s Po mendations olicy recomm Co s onclusions An nalysis of the cases So what has to be done and how? o, Mu utual learnin ng 4.3 Role of the Courts 3.1 f takeholders 4.3 Differen social alliances of st 3.2 nt s

els 4.3 Popular epidemiology, paralle in issues of health, 3.3 s d certainty by authorities 62 uncerta ainties abou toxics and manufactu ut uring of unc n s 4.3 Links to internation aspects , both in the promotion of projects 3.4 o nal e and in t resistan the nce y l non? 4.3 Toxic w 3.5 waste goes to relatively poor areas a general phenomen t s, Acknowle edgments es Reference 62 62 64 65

EJOLT Report No. 01 t

Industrial waste conflicts aroun the world I e nd

Acronym ms

ASSBY BAN BELA

AlangS Sosiya Ship Brea aking Yard Basel Ac ction Network Bangladesh tion Associat mental Environm Lawye yers

LD DT MFA OEF MO MO OEW MS SC NG GO NH HWC NIOH OE ECD

Light Displac cement Tonnag ge Material Flow Analysis w Ministry of E Environment and Forestry d Ministry of E Environment and Water d Mediterranea Shipping Co an ompany Non-governm ment organisations National Haz zardous Waste Centre National Insttitute of Occupa ational Health Organisation for Economic Co-operation n and Develop pment

CBA CEIE

Cost-Benefit Analysis or al and Centre fo Environmenta Information a Educatio on

COD CSO CVM EC EIA EIB EJO EJOLT

Chemica Oxygen Dema al and Civil soc ciety organizatio ons Co-opera ation and Verific cation Mechanis sm Europea Commission an Environm mental Impact Assessment A Europea Investment Bank an Environm mental justice organization Environm mental Justice Organisations, O Liabilities and Trade s

PC CB PO OP PH HARE

Polychlorina ated Biphenyl Co ompounds rganic pollutant Persistent or Poland and Hungary: Assistance for Restructurin g their Economies

PV VC SA APARD

Polyvinyl Ch hloride Special Acce ession Program mme for Agriculture a Rural Development and

GMB GPCB HPC

Gujarat M Maritime Board Gujarat P Pollution Contro Board ol High Pow wered Committe ee (also cal lled Menon Com mmittee) SE EEC TE EC TP PP UN NCTAD

Supreme En nvironmental Ex xpert Council Technical Ex xperts Committe ee Thermal pow plant wer United Natio Conference on Trade ons and Develop pment

ILO IMO IPEN ISPA

Internatio onal Labour Org ganization Internatio onal Maritime Organization O Internatio onal POPs Elim mination Network k Instrume for Structura Policies ent al for Pre-A Accession

UN NEP WIMBY W

United Natio Environmen Programme ons nt Welcome Intto My Backyard d

EJOLT Report No. 01 t

Industrial waste conflicts aroun the world I e nd

Pre ce P efac
Conflicts over resourc extraction or waste disposal incre o ce n d ease in num mber as the world eco onomy uses more mate erials and energy. Civill society or e rganizations (CSOs) ac ctive in Envir ronmental Ju ustice issues focus on the link betwee the need e en for environ nmental secu urity and the defence of basic human rights. b The EJOL project (E LT Environmenta Justice Organizations Liabilities and Trade, al O s, www.ejolt.org) is an F P7 Science in Society project that ru from 2011 to 2015. uns EJOLT brings toget her a consortium of 23 academ mic and civil society organizatio ons across a range of fields to promote colllaboration and mutual f p a learning among stak a keholders who research or use S h Sustainability Sciences, y particularly on aspects of Ecological Distribution. One ma goal is to empower y s ain t environme ental justice organization (EJOs), and the com ns a mmunities th hey support that receiv an unfair share of en ve nvironmental burdens to defend or re eclaim their rights. This will be d done through a process of two-wa knowledg transfer, ay ge encouragin participat ng tory action re esearch and the transfer of methodo r ologies with which EJO commun Os, nities and citizen movem ments can mo onitor and describe the d ment, and document its degradatio learning from other state of th heir environm d s on, experience and from academic research ho to argue in order to avoid the es m ow e o growth of environment liabilities or ecologica debts. Th EJOLT will increase tal al hus w EJOs cap pacity in usin scientific concepts an methods f the quan ng nd for ntification of environme ental and he ealth impacts increasing their know s, g wledge of environmental and, EJOLT will greatly risks and of legal mec o chanisms of redress. On the other ha enrich rese earch in the Sustainabilit Sciences through mob ty bilising the accumulated activist knowledge o the EJOs and makin it availab to the su of s ng ble ustainability research community. F c Finally, EJOLT will help translate the findings of this mutual e learning process into the policy arena, supp p porting the f further deve elopment of evidence-b based decisiion making and broaden a ning its inform rmation base We focus e. on the us of concep such as ecological debt, enviro se pts s onmental lia abilities and ecologically unequal e exchange, in science and in enviro a ronmental ac ctivism and policy-mak king. The overa aim of EJOLT is to improve policy respo all t onses to and support collaborative research on environ h nmental con nflicts throug capacity building of gh environme ental justice g groups. A ke aspect is to show the l inks between increased ey metabolism of the ec m conomy (in terms of energy and m t materials), an resource nd extraction and waste d disposal conf flicts so as to answer the driving ques o stions: Which are the causes of increas e s sing ecologic distributio conflicts at different cal on scales, and how to turn such confli n icts into force for environ es nmental sust tainability?

Page 5

Industrial waste conflicts around the world I e n

This first E EJOLT repor is the prod rt duct of such a collabora ation. Activist from the ts Bulgarian E EJO Za Zem miata and re esearchers fr rom the Aut tonomous University of Barcelon h have engage in a mutu learning p ed ual process to analyse wast disposal a te conflicts in India and Bu ulgaria. Two case s studies involving industrial waste sho how strug ow ggles for env vironmental justice con ntribute to the environme e ental sustaina ability of the economy. On the one O hand, the export of Eu uropean ship to be dis ps smantled in Alang-Sosiya, India, is examined o the light of the occup on pational heallth of local workers and other local w impacts. O the other hand, a ca On r ase on diox exposure risks from a planned xin e incinerator in the regio of Radnevo, Bulgariia, also illus on strates the interplay of compeling value frameworks. Polic recommen cy ndations and key lessons from both s cases are f finally presen nted.

Page 6

Introduction

1 Int duc on trod ctio


1.1
Conflicts of res source traction and waste ext dis sposal, such as the con nflict over th he exc cessive prod duction of CO2, arise as a C s con nsequence o the of lar rge amount o of res sources used by d rich societies

Prelimina ry remar rks: social metab bolism an nd waste dis posal co w onflicts

Rich socie eties use lar rge amounts of resource Conflicts of resource extraction s es. s e and waste disposal, su as the conflict over the excessiv production of carbon e uch c ve dioxide, ar rise as a con nsequence of this. Rich societies gen erate large quantities of f q all kinds of waste, a awakening lo ocal opposit tion to locall waste trea atment and disposal sites, such as incinerator and landfi (Pellow, 2007) and facing rising s s rs ills manageme costs (P ent Pearson, 198 87). This is also the ba ackground of a rapidly o changing and lucrativ trade, glo ve obal in natu ure, in which waste flow towards h ws developing countries or poorer areas of developed cou g a untries (McK Kee, 1996). Under a world-system perspectiv the core, through un w m ve, nequal powe relations, er manages to export en ntropy to dis stant sinks in the periph hery (Scott Frey, 1998; F Hornborg et al., 2007 These flows, legal or not (with mafias as important 7). f h s players), consist of u rban and in c ndustrial was ste, hazardo ous and non n-hazardous waste, and waste inte d ended for reuse, recyclin and final disposal (Clapp, 1994; ng D'Alisa et al., 2010). I the literature the deba over this phenomenon remains In ate s open. If on only look at official statistics, OE ne ks ECD nations tend to appear as net s importers of toxic was ste, rather th han net expo orters (Bagg 2009). However the gs, official dat tabases sho ould be com mplemented by informatiion from env vironmental crime cas ses in the Courts and environme d ental conflic cts where the victims t (sometime helped b y civil socie organiza es ety ations like N NGOs or tra ade unions) generate relevant com mplementary information for scientif analysis and policy y n fic making. This report, through in-depth cas studies, aims to link the increa k se ased social metabolism (energy a m and materia flows) of the econo al omy to wast disposal te conflicts, in nvestigating the following three hypot g thesis: Increa ased social metabolism (energy and material fl flows) due to economic o growt globaliza tion and urb th, banization in ncreases flo ows of waste from rich e areas to marginal (or poor) are s eas, both internationally a at the ur and rban level; An unequal dis u stribution of benefits and burden f ns/risks is particularly unfav vorable for m arginal/poor people and areas; Enviro onmental co nflicts arise from one sys f stem of valua ation or across them.

Page 7

Introduction

1.2

Ca stud ase dies


Our case are based es on collab borative research, written c together by academic researchers and activists from India and Bulgaria

Hereafter w present tw cases. Th first is abo shipbreaking (the dismantling of we wo he out obsolete o ocean-going ships) in Ala ang-Sosiya (India) and the second is about a failed attem to build a hazardous waste incin mpt s nerator in Ra adnevo (Bulg garia). The two cases were select ted for their representatiiveness, the first of conf flicts linked with interna ational expor of toxic wa rt aste and the second as a conflict with national hin borders. In this sense the first is an exampl e of an external frontie of social n e er metabolism and the second of an internal one. Both cases are based on m collaborati ive research with resu written t h, ults together by academic re esearchers with help f from activists from EJOs (India) or b an EJO it s s by tself (Bulgaria) through processes of mutual learning. The report will co onclude with an analysis of the two h s cases, poli recomme icy endations an a discuss nd sion about grassroots st g trategies in environmen conflicts (judicial activism, people mobilization,...). ntal s e's

1.2.1 Sh hipbreakin at Alang-Sosiya (India) ng


In the first case, shipb t breaking, the industry p e provides stee at cheap prices and el employmen which con nt, ntributes to economic gro e owth meanw while generating serious concerns a about negati ive environm mental and s social impac cts. More tha 80% of an internationa trade in g al goods by volume is carr ried by sea (UNCTAD, 2011). The 2 shipping in ndustry cons stitutes a ke element i n the infras ey structure of the world's t social met tabolism. O Ocean-going ships owne and use for their trade by ed ed r developed countries are often dem molished, tog gether with their toxic materials, in t m developing countries. Ship breakin is the pr g ng rocess of dismantling an obsolete vessel's st tructure for s scrapping or disposal. T r The AlangS Sosiya yard (India), the ( world large shipbreaking yard, is studied he re with parti est s icular attention to toxic waste man nagement. Ship owners and ship bre a eakers obtain large profit dumping n ts the environmental cos on work sts kers, local fa armers and fishers. This unequal distribution of benefits and burdens, due to international and nation uneven n s nal distribution of power, has led to an ecological d n distribution co onflict. The controversy c at the India Supreme Court in 200 over the d an 06 dismantling of the ocean liner Blue o n Lady, sho ows how the different la e anguages of valuation expressed by different f e b social grou ups clashed and how a language that expre d e esses sustainability as monetary b benefit at the national scale, dominat e ted. Shipbrea aking in the developing world is no just an exte ot ernality but a successful case of cos shifting, or else, profit st accumulation by contam mination (De emaria, 2010 ).

1.2.2 To oxic waste incinerat in Rad e tor dnevo (Bul lgaria)


In the sec cond case, Radnevo, a hazardou waste in us ncinerator would have w supposedly improved h y hazardous waste manage w ement and generated em g mployment. The attemp of the Bu pts ulgarian Min nistry of Enviironment and Water to construct a c centralised facility for m d managing ha azardous was stes - the Na ational waste treatment e centre - da back from 2000. The selected s ate site is locate in the Sta Zagora ed ara region, whi is heavily polluted by intensive in dustrial activ ich y y vities: large coal mines, c

Page 8

Introduction

three coal-fired power plants and a coal-cake factory. The staunch op r e pposition of the local population b backed by NGOs camp N paigning effo orts were su uccessful in preventing the financin of this project from international public funds (an ISPA g ng i grant and an EIB lo oan), thus re endering it infeasible. I 2001 the European In e Commissio refused to finance the project because of the fa on e aulty public consultatio process, economic deficiencies in the projec design an a strong on d i ct nd opposition from the lo ocal people, Bulgarian and internatiional NGOs. When the a project wa revived in 2004, the ca as ampaign launched by loc initiative committees cal and NGOs resulted in an official co s onfirmation by EC in Jun 2005 that funding for b ne t the NHWC project ha been reje C ad ected again, due to seriious deficien ncies in the human hea and plan emissions sections of the EIA repo alth nt t ort.

1.3
Do our case s D studies fa under a W all Welcome In My Backy nto yard lo ogic or are th hey cases of c (e environmenta al) in njustice?

Th heoretica framew al work

These ca ases were selected because they are indic cative of many other m environme ental conflicts around the world wher a valuatio conflict em s e re on merges with different actors engagiing in a deba on whether the projec are desira ate cts able, due to positive im mpacts like economic development and empl oyment gen d neration, or disruptive for the enviro onment and society as a whole. How are these two ca t ases to be understood? Do shipbre ? eaking in Ind and the dia hazardous waste incin s nerator in Bu ulgaria fall under a WIM u MBY (Welcom Into My me Backyard) logic or are they cases of (environm mental) injust tice (Singh, 2001)? This 2 report disc cusses the c controversy under a fram u mework of eco ological economics and political ec cology. Changing social meta abolism (mea aning the flo ows of energ and mate gy erials in the economy) (Fischer-Ko owalski, 199 98; Foster, 1999), driv ven by eco onomic and population growth, ge n enerates gro owing quantities of was ste. Georges scu-Roegen proposed a paradox h highlighting th hat 'technical evolution leads to an increase in the rate at which sociiety wastes resources... the econo omic process actually is s more effic cient than au utomatic shu uffling in pro oducing high entropy, i.e. waste' her (Georgesc cu-Roegen, 1971). In other words, the more de t eveloped a society, the s higher its rate of gene ration of was r stes per capita (Giampie etro and May yumi, 2009). It is generally accepte that unde a fair allo ed er ocation of re esponsibility, developed countries should deal with their ow waste. Principles suc as the po s wn ch olluter pays and produ ucer liability appear to be legally se b ettled through the Basel Treaty and h other mechanisms. Ho owever, case in which countries from the North externalize es c m the costs of toxic wast disposal outside their own nationall borders (no te o o otably to the South, i.e. India) are not rare. Th pollution haven hypot . he h thesis (Antweiler, 2001) refers to th idea that llower trade barriers will shift pollution to those co he b s n ountries with less string gent environm mental regul lations, which are norma also poo ally orer. This is consistent with the po ostulates of economic ef e fficiency in n neoclassical economics. We could also add p poorer or ma arginal regio ons of rich c countries (i.e Bulgaria) e. where law enforcemen is weaker which somet nt w times appea r as internal peripheries (or frontier rs).

Page 9

Introduction

According to the Law wrence Summers' Princiiple, Southe countries have an ern s environmen ntal compa arative advantage rega arding waste treatment (Pearson, e 1987). In a internal m an memo leaked to the press 1, Lawrenc Summers, then chief s ce economist at the World Bank in 1991, wrote: I think the economic lo d ogic behind dumping a load of toxi waste in the lowest-w ic wage country is impeccab and we ble should face up to that Pollution should be s t. sent to place where there are no es people, or where the p people are poor, since p the measure ements of th costs of he health imp pairing pollu ution depend on the fo d oregone ear rnings from increased morbidity a mortality. From this point of view a given amo and p ount of health impairing pollution should be do one in the co ountry with the lowest cost, which will be the c country wit the lowest wages. The cost of inte th t e ernalizing the externalities would be e the lowest. The question is whether decisions on matters of life and death should be taken s d only on eco onomic grounds (Martne ez-Alier, 2002 In such waste disposa conflicts, 2). w al actors dep ploy different valuation languages t affirm the right to use a safe t to eir u environmen (Martineznt -Alier, 2009). . This article investigates shipbreakin in India a hazardou waste incineration in e s ng and us Bulgaria fr rom the van ntage point of political ecology, pa aying attent tion to the unequal dis stribution of benefits and burdens (a lready in the present gen d e neration) in a context o growing global social metabolism that leads to greater generation of of o waste, and with an ana d alytical focus on the way actors exp s ys press alterna ative claims in the political arena an the valuation conflicts that hence emerge. nd e

logic beh ehind dumping g a load of toxic waste e in the lo owest-wage country is impeccab ble and we should face u s up to that
Lawre ence Summer rs, former chi ief economist at th he World Ban nk

I think the economic t ic

1 Let them eat pollution. T Economist, 8 February 199 The 92.

Page 10

Shipbreak king at Alang-So osiya (India)

2 Ca e st dy: ase tud Ship rea ng at S pbr akin A ang-So ya Ala osi (In ia) ndi
2.1 Backgrou und
In August 2009, a fire broke out ab board the Eu uropean ship MSC Jessic killing six ca workers on the Indian ship-breakin beaches of Alang2. T ng The fire erup pted as they were dism mantling the cargoship's engine roo om. It took place as the ship had neither be een decontam minated by the original owner nor m made safe by the local b enterprise. These kind of tragedies are rather common in A d s c Alang. Can anyone stop a them? This report dealls with this question. s In the 197 70s and 198 80s scandals of toxic waste dumpin in the South led to w ng ntion on the Control of attempts to stem thes flows, such as the Basel Conven t se B e Transboun ndary Movem ments of Ha azardous Wa astes and th heir Disposa of 19893. al Yet, India, among oth , hers, has been increasin ngly used as a dumping ground for s toxic industrial waste (like asbestos and mercury) from developed countries e m m d (Singh, 2001). Environ nmental and social consequences are potentially severe. s e s The issue of shipbrea aking is exam mined here as an examp of toxic waste trade a ple w (Alter, 199 97). Shipbre eaking is the process of dismantling an obsole vessel's e g ete structure for scrapping or disposa Conducted at pier or d dock, or directly on f g al. d dry r the beach as in Alang Sosiya, it in ncludes a wid range of a de activities, from removing m all machin neries and e equipment to cutting dow the ship infrastructur It is the o wn re. destiny of ocean-goin ships lik oil tanke f ng ke ers, bulk ca arriers, general cargo, container ships and o others like passenger sh p hips. Depen ding on their interests, stakeholde will call it breaking recycling, dismantling or scrapp ers g, g ping (Stuer-

2 Six die in fire at Alang Sh ip Breaking Yar The Indian Press (www.india f rd P anexpress.com m/news/six-diein-fire-at-a alang-ship-brea aking-yard/498063/ Accessed in January 2012) n ). 3 Available online at www.b o basel.int.

Page 11

king at Alang-Sosiya (India) o Shipbreak

Lauridsen e al., 2004). It is a challe et . enging proce ess, owing to the many problems of o p safety, hea and envir alth ronmental pr rotection (OS SHA, 2001). We describ below the process thr be e rough which a ship beco omes waste for the ship f owner, ente the scrap ers pping market through a c cash buyer and is finally dismantled a by a ship b breaker. We present diffe erent options for the management of the ship's s f toxic waste and analys the socio e ses o-environme ental impacts resulting from current s practices. T The conflict in the Blue Lady case at the Sup e e preme Court of India is analysed w particula attention to the valuati on language used by th different with ar o es he social grou ups.

2.2

Methods a and study region n

Data from interviews, o official documents, direc and participant observ ct vation have been comb bined using the case stud research m dy methodology (Yin, 2003). Research y started, in collaboration with activis in April-J n sts, June 2009, and in a sec a cond period in March-O October 2011 The acces of researc 1. ss chers to the industry site is strictly e regulated a and workers freedom of expression is limited. Semi-structured or ins' o n depth inter rviews with 64 responde ents were c conducted with local villa agers (10), farmers (8) fishers (9), shipbreakin entrepren eurs (4), workers (11), political and ), , ng p administrat tive authorities (6), legal experts (4 ), academics (5) and ac ctivists (7). Interviewee were selected to re es epresent a broad spec ctrum of inte erests and knowledge regarding s shipbreaking using bot random and snowbal sampling g, th a ll methods. M Moreover foc groups have been led with farmer fishers an workers. cus d rs, nd Interviews were conduc cted in Engli or with th help of local translators in Hindi, ish he Gujarati an other Ind nd dian languag ges. Nationa and intern al national documentation was resear rched with sp pecial focus on the Blue Lady case at the Indian Supreme e Court during 2006 an 2007 (C nd Civil Writ Pe etition No. 657 of 1995). Official 6 documents were exam s mined under the guidanc e of the law wyer Sanjay Parikh and the petitio oner Gopal Krishna. Media cover M rage on sh hipbreaking has been extensively examined on the web and at the Centr for Educ y w t re cation and Documenta ation in Mum mbai.
Fig. 1 Loca ation map of A AlangSosiya in the State e G ) of Gujarat (India) Source: Demaria, 2010 D 0

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Shipbreak king at Alang-So osiya (India)

The case study area iis in the Gulf of Cambay (also know as Gulf of Khambat), y wn f Bhavnagar District of Gujarat Sta in the no ate orth-west of India (Fig. 1). Gujarat State, hist torically a m main centre of trade and commerce, has one of the fastest o growing ec conomies in India. Alang and Sosiya are the two local village that give g a o es the name to the Ship Breaking Yard (ASSB p BY). ASSBY is located at latitude Y 21.24430 and longitu ude 72.1210 (Fig. 2). The Distric originally based on 00 ct, y farming and fishing, is under rapid industr a r rialization a nd urbaniza ation which resulted in the degrada n ation of the environment and decline in biodivers (Gov. of e t e sity India, 2002 2).
Fig. 2 F Map showing shipbreaking plots at Ala M g ang and Sosiya Source: Demar 2010 S ria,

2.3
More than 8 80% of al internationa trade in goods is carried by sea

The shipb breaking industry y

2.3.1 Th shippin industr 4 he ng ry


The shippi industry (Fig. 3) cons ing stitutes a key infrastructu for the wo y ure orld's social metabolism as more th 80% of international trade in goo (both raw materials m han ods and manu ufactured goo ods) by volu ume is carrie by sea. Material flow resulting ed ws from intern national trade (direct import and expo flows in te e ort erms of their weight) are part of ph hysical acco ounting meth hods, such as Materiall Flow Analysis (MFA) (EUROSTAT, 2001; Vallejo, 20 010), used to quantify social metabolism y m processes (Fischer-Ko s owalski, 1998). In 2010 developed c countries accounted for 34% of goods loaded and 43% of goods unloaded in tons, while developing d countries accounted f 60% and 56% respe for d ectively (pos st-communist European transition economies a e account for the rest). So t ome regions are charact terized by a physical im mport surplu while othe face a physical trade deficit (Eis us ers p e senmenger, 2004).

4 If not dive ersely specified, data for this se ection comes fro Review of M om Maritime Transpo (UNCTAD, ort 2011). All presented data refers to vesse of 100 gross tons (GT) and above. a els s

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Shipbreaking at Alang-Sosiya (India)

Fig. 3 Maritime sectors along a ship's lifecycle Source: UNCTAD Secretariat

Since the 1990s International seaborne trade (goods loaded) increased faster than world GDP, highlighting the effects of changing production processes, consumption patterns and the deepening of economic integration (globalization). In 2010 this trade reached 8.4 billion tons, from 2.5 billion tons in 1970. Fig. 4 shows the historical evolution per type of cargo for selected years. Data from 2009 reflects the economic crisis.

Fig. 4 Development of International seaborne trade, selected years (millions of tons loaded) Iron ore, grain, coal, bauxite/aluminia and phosphate. Source: UNCTAD, Review of Maritime Transport, various issues.

As a direct consequence, the number and capacity of ships has significantly increased. In 1960, the world ocean-going fleet was composed by 15,000 ships (84 million of deadweight tons; DWT a measure of how much weight a ship is carrying or can safely carry), while in 2011 it had reached 103,392 (1,396 million of DWT). Fig. 5 shows the composition of the world fleet by principal types of vessel, selected years.

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Shipbreak king at Alang-So osiya (India)

Oil tankers 1400 1200 1000 800 600 400 200 0 198 80 1985

Dry bulk

General cargo

Container

Other

Fig. 5 et al World flee by principa types of vessel, se elected years Note: vess sels of 100 GT and T above NCTAD, 2011 Source: UN

Millions of dwt

1990

1995 5 2000 Selec cted years

2005

2010

2011

In 2007, developed countries controlled about 65.9% of the world DWT, c a % w developing countries 3 g 31.2% and economies in transition the remainin 2.9%. In e ng 2011 the four top ship owning eco f p onomies (Gr reece, Japan Germany and China) n, together controlled 50 of the world fleet. Fleet ownersh c 0% hip, however, does not always reflect ship re egistration. Foreign flag gged ships a accounted in 2011 for 68.1% of the world t he total, most of them reg o gistered in th so called states of convenience (or open registers). The top five re T egistries (Pa anama, Liber Marshall ria, Islands, China Hong Kong and Greece) together accou C G unted for 52 2.6% of the world's DW Fig. 6 sh WT. hows ship en ntries at Alan ngSosiya Sh hipbreaking Yard (India) Y in 200420 by shipo 005 owner's coun ntry: 82.5% of them used a flag of con nvenience.

Flags of co onvenience use ed Canada Norw ay Italy France Poland UK Japan Germany 0 10 20 12 15 14 19 6 2 1 3 0 3 0 43 47 30 40 50 14 12

Others

Fig. 6 ntries at AlangSosiya Ship en Shipbre eaking Yard (India), ( 200420 005 (No. ship ps) Source:: GMB (Gujara Maritime at Board; w www.gmbports.org)

60

70

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Shipbreaking at Alang-Sosiya (India)

Flags of convenience, together with fiscal havens, shell companies and cash buyers, allow under-invoicing (resulting in evasion of import tax and money laundering) and facilitate ship owner's access to the shipbreaking market. This increase in the size of the world fleet does not immediately lead to a general increase in the supply of ships for scrap (Fig. 7). Ship owners evaluate the expected future earning potential and the expected cost of keeping the ship in operation against the revenue obtained when the vessel is sold for scrap. This mainly depends on the price of steel. Potential earnings are more important in the decision than the scrapping price. The 20082009 economic crisis resulted in a boom of shipbreaking because of excess shipping capacity (Fig. 9, Table 3), with ship owners associations planning to eliminate 25% of the world fleet.

Fig. 7 Tonnage reported sold for breaking at the world level, 20002007 (millions of DWT) SOURCE: UNCTAD, 2007

In fact, according to the data elaborated by the French NGO Robin de Bois, if in 2006 demolitions were equivalent to only 0.6% of the existing fleet (293 vessels), the economic crisis reversed the situation (288 vessels in 2007, 456 in 2008, 5 6 1.006 in 2009 , 956 in 2010 and 854 until November 2011). The excess supply is reflected since 2009 in the spectacular fall in the Baltic Dry Index that measures the rates charged for chartering dry bulk cargoes. In 2011 strong steel prices and the recovery of maritime business increased costs for ship procurement but at the 7 same time significantly increased the margins in the ship scrapping business. In general ship owning companies look to sell their ships for demolition at the best price.
5

In 2009 of 1.006 vessels (8.2 million tons), 435 were demolished in India (43%), 214 in Bangladesh (21%), 173 in China (17%), 87 in Pakistan (9%), 42 in Turkey (4%). Robin de Bois, Information Bulletins on Ship Demolition: #17, September 2009; #18, January 2010. www.robindesbois.org.

In 2010 of 956 vessels (6.5 millions tons), 422 were demolished in India (44%), 135 in Turkey (14%), 125 in China (13%), 90 in Pakistan (9%), 79 in Bangladesh (8%), 5 in Europe (1%), 100 in other countries (10%). Robin de Bois, Information Bulletins on Ship Demolition: #19 to 22, January 2011. www.robindesbois.org.

Article by Xu Hui, Executive Manager, China Ship Fund. Available at www.chinadaily.com.cn/bizchina/2010-04/08/content_9703387.htm (accessed in January 2012).

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Shipbreaking at Alang-Sosiya (India)

The 2011 UNCTAD report rightly argues that the the competitiveness of a countrys scrapping industry is mostly influenced by labour costs and the regulatory environment. All major ship scrapping countries are developing countries (pp. 151). In other words ships go for scrapping wherever is easier to externalize social and environmental costs.

Fig. 8 Alang-Sosiya Shipbreaking yard (April 2009) Photo credit: F. Demaria

South Asian yards are main destinations. For processing capacity ASSBY in India and Chittagong in Bangladesh are the world's biggest yards (Fig. 8); Chinese yards are catching up to them. Again, according to Robin de Bois (Table 1), in 2011 India continues to be the undisputed leading country not only per number of units, but also for tonnage (44% of the total 6.5 millions tons) followed by Bangladesh (24%), China (19%), 8 Pakistan (11%) and Turkey (2%).

Country India Bangladesh China Pakistan Turkey USA Europe Others Total

N vessels 373 145 119 83 55 19 5 55 854

% 44 17 14 10 6 2 1 6 100

Tons of metal 2.810.000 1.550.000 1.208.000 737.000 144.000 6.449.000

% 44 24 19 11 2 100

Table 1 Numbers and tonnage of ships dismantled (January-November 2011) Source: Robin de Bois, Information Bulletins on Ship Demolition: #23 to 25, November 2011

Robin de Bois, Information Bulletins on Ship Demolition: #23 to 25, November 2011, www.robindesbois.org.

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king at Alang-So osiya (India) Shipbreak

Country y India Bangladesh China Pakistan Turkey United State es Romania Denmark Japan Belgium

Scra apped amou unt, dwt 9.2 287.775 6.8 839.207 5.7 769.227 5.1 100.606 1.0 082.446 217.980 2 16.064 15.802 13.684 8.807

Number of N ships scrapped s 451 110 189 111 226 15 4 25 1 12

Scrapped ships, percenta s age of total volume Rank 1 2 3 4 5 6 7 8 9 10 Bu ulk carr riers 9.7 9 15 5.1 46 6.6 8.1 8 24 4.3 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 Dry ca argo / passe enger 32 2.8 5.5 5 36 6.3 2.9 2 48 8.7 19 9.9 100 0.0 53 3.4 100 0.0 100 0.0 Offsh ore 5 5.3 5 5.7 2 2.5 6 6.2 0 0.2 0 0.0 0 0.0 22 2.7 0 0.0 0 0.0 Tankers s 46.2 71.1 12.2 80.6 14.1 80.1 0.0 0.0 0.0 0.0 Others 5.9 2.5 2.4 2.2 12.8 0.0 0.0 23.9 0.0 0.0

Table 2 T Top ten ship-s scrapping na ations, 2010 Source: Co ompiled by the UNCTAD sec e cretariat on th e basis of data from IHS Fa airplay

Data on sh hips sent for scrapping are not easi ly accessible9. The 2011 report by r a e 1 UNCTAD presents statistics (Tab 2) base on data from the information ble ed i company IHS Fairpla (Maritime Intelligenc and Pub ay e ce blications). Data differ D significantly in terms of tonnage bu the country ranking rem y f ut y mains the sa ame, where the four largest ship sc crapping cou untries cove red 98.1 per cent of the activity in e terms of re ecycled DWT in 2010. Th data seri es allows to see on whic types of T his ch ships the d different coun ntries specialize: India on tankers, dr cargo and passenger n ry ships, Bang gladesh and Pakistan on tankers, Ch n hina on bulk carriers. c In Bangladesh, in May 2010, the Supreme Cou had suspe urt ended the au uthorization of beaching following a umpteenth fatal accide in 2009 and a new ac g an h ent a ction by the 10 0 NGO Bang gladesh lawy yers Associa ation (BELA ) who dema anded comp pliance with environmen and soc standard (UNCTAD 2011). Att ntal cial ds D, tempts by sh hipyards to circumvent the Courts decision ha been suc t s ad ccessful, but the activity was then y again susp pended due to new fata accidents (at least 12 workers ha died in al 2 ave 2011). All site activity is now stopped pen y s nding an inv vestigation report and r dismantling authorizatio for new ships are su g ons uspended (R Robin de Bois 2011). In s, any case th is probab not the en point of sh his bly nd hipbreaking in Banglades 11. sh

Database from the French NGO Robin de bois is public and presents a lot of details for each ship h crapping. Instea IHS Fairplay data might be m ad d more exhaustive but is less tran e, nsparent and sent for sc detailed (therefore difficul to assess), an only accessib by paying an expensive fee. For the lt nd ble n purpose of this analysis th two are complementary and do not contrad each other. he d dict

10 11

http://www w.belabangla.org g/ Recovery in Bangladesh shipbreaking to y onnages, Recic cling Internation nal (www.recy yclinginternation nal.com/recyclin ng-news/5930/fe errous-metals/ba angladesh/recoverybanglades sh-shipbreaking-tonnages)

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Shipbreak king at Alang-So osiya (India)

China has overtaken P Pakistan and keeps grow d wing rapidly t thanks to mo odernization of its indu ustry, lower taxes and the complet lack of d te democratic control over c accountab bility for socia and enviro al onmental imp pacts. New la arge facilities have been s built near Shanghai iin associatio with maj shipping and other companies on jor (including the Penins sular & Orient Steam Navigation Company and British Petroleum) who have guaranteed a steady supply of ships for breaking. In e b exchange the Chinese firms have promised go environm e ood mental contro and safe ols working co onditions for the workers. In fact ship owners are under public scrutiny in c their countries for bei ng the source of alleged misery in shipbreaking countries (Wayne Hess et al., 2 2001). Then, one could wonder why they are doing it in the w less transparent coun try (China) which keeps strictly und control la w s der abour trade unions and environme ntal NGOs, a part from denying acce to researc d ess chers. Shipbreaking yards in Europe and USA receive very few s ships, as the prices they can offer are close to z a zero, and ten to receive state-own s nd e ships, like the ones from e the navy.

2.3.2 History of a industr an ry


Shipbreaking first dev veloped in th USA, UK and Japan during WW because he K n WII there were many ships damaged by war, and an urgent d e s demand for steel. In the s 1960s it moved to less industrialized European countries s m s n such as Spain, Italy and Turkey. In the 1970s it left Europe and estab blished itself in Asia, first in Taiwan and South Korea, an then dur h nd ring the 198 80s, in Chin na, Banglad desh, India, Pakistan, Philippines a Vietnam (Chaudhari,1998; Dubey 2005). P and y, South Asia countries have benefited from favourable natu characte an ural eristics (high tidal range gentle slo es, oping and rocky bottom beaches) wh b hich allow the vessels to e be beache turning a highly mechanized indus into a lab ed, stry bour intensiv one. ve

2.3.3 Fr rom the sh owner to the ship breake r through cash hip r bu uyers
Ship owners sell the ships th eir hrough brok kers operatin in Lond ng don, Dubai, 12 Singapore and Hambu All ships are sold per ton (LDT ) at a price ra urg. r anging from 100 to 400 dollars, de pending on the ship type and on the market. In the last ten 0 e e years cas buyers ha emerged as important intermedia sh ave d aries officiall to assure ly fulfilment of the contra o act. They differ from tra aditional ship brokers be p ecause they acquire sh ownershiip, becoming themselves ship owne (although only for a hip g s ers h limited per riod pending its sale or during the handing over o the ship to a recycling of facility). Original (last operational) ship owners get lower prices, but this system O allows them to bypass liabilities and regulations s.

12

LDT (Ligh Displacement Tonnage) is th mass of the ship excluding c ht t he s cargo, fuel, balla water, ast stores, pa assengers and c crew.

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Shipbreaking at Alang-Sosiya (India)

2.3.4 ASSBY: AlangSosiya Shipbreaking Yard


The first ship, called MV Kota Tenjong, was beached in Alang on the 13th of February 1983. AlangSosiya Ship Breaking Yard (ASSBY), which occupies 10 Km of coastline, became in the 1990s the world largest shipbreaking yard (Fig. 1, Fig 9). In 2011 India accounted for 44% of the world's recycling capacity (Table 1), 90% of it taking place in ASSBY (see Table 3) and the rest in small yards elsewhere like Mumbai and Kolkata.
Fig. 9 Number of ships broken per year at ASSBY. Source: GMB (Gujarat Maritime Board; www.gmbports.org).

Table 3 Number and LDT (Light Displacement Tonnage) of ships broken at ASSBY Note: LDT is the mass of the ship excluding cargo, fuel, ballast water, stores, passengers and crew. Source: GMB (www.gmbports.org)

Year 1982-1983 1983-1984 1984-1985 1985-1986 1986-1987 1987-1988 1988-1989 1989-1990 1990-1991 1991-1992 1992-1993 1993-1994 1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 (estimated) Total

No. of ships 5 51 42 84 61 38 48 82 86 104 137 175 301 183 348 347 361 296 295 333 300 294 196 101 136 36 193 400 5033

LDT 24.718 259.387 228.237 516.602 356.139 244.776 253.991 451.243 577.124 563.568 942.601 1.256.077 2.173.249 1.252.809 2.635.830 2.452.019 3.037.882 2.752.414 1.934.825 2.727.223 2.424.522 1.986.121 938.975 480.405 760.800 643.437 31.877.972

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Shipbreaking at Alang-Sosiya (India)

Fig. 10 Shipbreaking process on Plot N 84 in ASSBY (April 2009) Photo credits: F. Demaria

2.3.5 Shipbreaking process


Once a ship arrives in the Gulf of Cambay it is inspected and checked by the competent authorities which issue (occasionally after receiving bribes) the relevant certificates. The ship is then beached by its own propulsion power at high tide and during low tide is laid down stable on its flat bottom (Fig. 10). At this point cutters and their helpers, using simple LPG gas and oxygen torches, can start taking apart the vessel structure. All operations take place directly on the beach in a relatively small and congested area called a plot (Fig. 11). Machinery and heavy equipment (engines, compressors, generators, boilers), together with other dismantled components (navigation equipment, life saving equipment, furniture, electrical cables, utensils, etc.) are sold to traders for reuse. These operations do not require investment in infrastructure or technology, as they are labour intensive and moving cranes and motorized winches are reused from the same ships.
Table 4 Average components (both in Weight and Value) obtained by a demolished ship Source: Interviews with ship breakers; Upadhyay, 2002

Weight (%) Re-rollable ferrous scrap and iron plates Re-conditioned machinery Re-melting scrap Non-ferrous metal Furnace oil and oils Wooden and furniture Burning, cutting losses and waste 75-85 10-15 3 1 2 2 5-10 100

Value (%) 65 25 2 7 0.5 0.5 0 100

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Shipbreaking at Alang-Sosiya (India)

Depending on their size and type, scrapped ships have an unloaded weight of between 5000 and 40,000 tons, with an average composition as shown in Table 4. It requires from 3 to 6 months for an average ship (15,000 tons) to be dismantled with a variable number of workers involved at different stages (from 150 to 300). The industry requires relatively low fixed capital (plot lease, machinery and equipment) and high working capital. The cost of the vessel itself corresponds to more than 50% of the total cost. Interests on investment, duties (customs, excise, value added tax VAT, etc.) and port charges represent the second important item. Labour and energy (torch oxygen and fuel) constitute each between 3 and 6% of the total expenditure (Upadhyay, 2002; Dubey, 2005). Environmental, safety and health insurance costs do not appear in the accounting.

Fig. 11 Beaching on a plot: before and after (April 2009) Photo credit: F. Demaria

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Shipbreak king at Alang-So osiya (India)

2.4

Hazardous waste and socio-enviro onmenta al im mpacts

2.4.1 Hazardous waste gen neration and manag a gement


Ships contain (in-built and on boa ard) hazardous and non-hazardous substances, s significant both in qua antity and to oxicity, which cannot (or should not be totally h r t) reused or recycled. Th waste ou he utput of the process repr resents betw ween 0.5 to 10% of the ship's total weight. Com e mposition is diverse, main constitute by scrap d nly ed wood, pla astic, paper, rubber, gla ass wool, th hermocol, sp ponge, PVC pipes, oil, metals, heavy meta h als, paints, cement, asbestos an a nd radioact tive waste. ble Independe and reliab statistics on quantity and compo ent s osition are no available, ot while estim mates are dif fficult becaus there are many differe types of ships, which se ent s vary considerably in th structure (Reddy et al., 2005a,b). heir The contro oversy over shipbreakin mainly co ng oncerns the disposal of hazardous waste. The are three methods of disposal: ere e f

1) Deconta amination pr ior to export Decontamination is the process of removing ha e f azardous ma aterials conta ained in the ship struct ture (partially or totally), normally without endan y ngering sea-worthiness. This must be done by ship owners It is a costly operation that require expertise s. n es and techn nology. A tot tally deconta aminated sh would no fall under the Basel hip ot r Convention and could be legally dismantled in Banglades under the May 2010 d d sh e Order by the Supreme Court. 2) Environmental soun management on site nd Hazardous materials are safely removed and then prope s d erly disposed once the ship has been beach hed. This is the option recommende by the International ed Convention for the Saf and Enviro fe onmentally Sound Recyc S cling of Ships adopted in s May 2009 by the IMO (Internationa Maritime Organization) al O ). 3) Dumpin ng Hazardous materials a freely released into the environm s are t ment. ASSBY since the Y, beginning, has used th third method (HPC, 2003; Reddy et al., 2003 2005a,b). , he 2 y 3, Waste, ha azardous or not, has gen nerally been directly rele eased into th sea from he the ship or the plot, b urnt on the plot or dump during t ped the night in surrounding s villages (F Figs. 12 and 13). Some has been transported and dumped in areas (like h d n the surrou undings of th industrial city of Surat where oth industries undertake he t) her s similar act tions so that it is imposs sible to identi the sourc of waste and enforce ify ce a any liability y.

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Shipbreaking at Alang-Sosiya (India)

Fig. 12 Dumping sites in grazing land around ASSBY, burnt waste on the left and glass wool on the right (April 2009) Photo credit: F. Demaria

Fig. 13 Dumping sites in agriculture fields around ASSBY, thermocol on the left and asbestos on the right (April 2009) Photo credit: F. Demaria

2.4.2 Pollutants discharged


Scrapping activity discharges a number of liquid, gaseous and solid pollutants which are hazardous for the environment and human beings (Islam and Hossain, 1986; Zhijie, 1988; Hossain and Islam, 2006). Most common are oil, bacteria, asbestos, heavy metals (Mercury (Hg), Lead (Pb), Arsenic (As), Chromium (Cr), Copper (Cu), Manganese (Mn), Zinc (Zn) and Nickel (Ni)) and persistent organic pollutants (Polychlorinated Biphenyl Compounds (PCBs), Dioxins, Polyvinyl Chloride (PVC), Polycyclic Aromatic Hydrocarbons (PAHs) and Organotins (Monobutyltin MBT, Dibutyltin DBT, Tributyltin TBT, etc.).

2.4.3 Socio-environmental impacts


Environmental impacts In ASSBY waste materials accumulate over the soil and then leach to seawaters in a stepwise manner through tidal and sub-tidal zones, through the deep sea and the ocean bed (Fig. 14). This has led to a deterioration of physico-chemical properties of seawater and intertidal sediments. COD (Chemical Oxygen Demand)

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Shipbreak king at Alang-So osiya (India)

and BOD (Biological Oxygen Demand), used as indicat d tors of water qual ent lity, are prese at high le evels.

deg gradation of

Shipbreaking activity has substan ntially affecte the ecosy ed ystem at Ala angSosiya (GEC, 199 Tewari et al., 2001; Reddy et al., 2003; R 97; Reddy et al 2004a,b, l., 2005a,b). System stre has led to a decline in biotic st ess e tructure: a decrease in d biomass, abundance and species diversity has been me s easured. Pollutants mix with suspe ended solids and migrate long distances, carried by high curr e rents (Bhatt, 2004). The have been found, to a lesser exten together w floating objects and ey n nt, with oil, all alon the 100 K of coastlin on the Ea and West side of Alang (Pathak, ng Km ne ast st 1997; Me ehta, 1997). The exact spatial dis t spersion of contaminan remains nts unknown as all select a ted control sites (10, 30 or 50 Km a s away from Alang) have A always be een affected by pollution (Dholakia, 1997; Gov of India, 2002). The v. intertidal zone aroun ASSBY has practically no v nd vegetation. Mangroves disappeare over a sp of thirty years, meaning after the industry began, due to ed pan y e oil pollution, discharge of chemicals and other pollutants (G p Gov. of India, 2002). The sea off ASSBY h o has very poo biological production potential with very low or phytoplank kton pigmen t concentrat tion, low zoo oplankton sta anding stock very poor k, macrobent thic standing stock and low numerical abunda g d ance of fish eggs and h larvae (So 1997; M oni, Majumdar, 19 997; Gov. of India, 2002 Exotic spe 2). ecies might have been carried in w ballast water, which represents a serious bio n with w ological risk. The population and d diversity of fish have decreased a d and species tolerant to petroleum hydrocarbon seem to have adapted better to th environmental stress ns h he (Mandal, 2004). 2 The absen of sanit nce tation facilitie for the workers has led to the presence of es w p pathogenic and non c n-pathogenic bacteria (faecal and non-fecal coliforms, c d e salmonella clostridium staphyloco a, m, occus) in the water of the ASSBY ar (surface e rea and underground) re ndering it unsafe for human cons u h sumption wh hile marine coastal wa has beco ater ome harmful for fish popu ulation and u unsuitable fo recreation or (Desai and Vyas, 199 Trivedi, 1997; MECO 1997). E d 97; 1 ON, Ecosystems might have marine biota due to biobeen damaged irrevers sibly, as is th case for th tissue of m he he a accumulat tion and bio-m magnification of pollutant (Gov. of In n ts ndia, 2002). There is a lack of studiies into the potential impacts on loca l terrestrial ecosystems. p e GPCB (Gu ujarat Pollut tion Control Board), a lo ocal governm ment agency claims to y, keep a complete m onitoring, but it has not made d c b data available. For a comprehensive enviro onmental imp pact assessment one s should go be eyond local impacts an analyze t nd the complete material re e ecycling cha in (ancillary industries). The furnac emission s of re-rollin mills are rendered to ce ng oxic by the presence of p volatile or rganic matte of marine paints and anti-fouling paints (suc as lead, er g ch arsenic an pesticide which ha resulted in acid rain during the monsoon nd es) as n e season (B Bhatt, 2004) . The 1997 Report by the Gujarat Ecology Commission t C Ecological Restoration and Planning for Alang n gSosiya (G GEC, 1997) remains the r most comprehensive s study to date None of it suggestion have bee followed. e. ts ns en The asses ssment main tains its validity as confirmed by mo recent stu ore udies of the Central Salt & Marine Chemicals Research In e nstitute (Tew wari et al., 20 001; Reddy et al., 200 2004a,b, 2005a,b; Mandal, 200 and the Report on the 'Critical , 03, M 04)

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Shipbreaking at Alang-Sosiya (India)

Habitat Information System for the Gulf of Khambat' by the Department of Ocean Development (Gov. of India, 2002).

Fig. 14

Beaches up to 50 Km from ASSBY are covered by oil and floating solid waste

Photo credit: F. Demaria

Impacts on workers Workers in ASSBY, mainly seasonal migrants from the poorer states of India (Orissa, Bihar, Uttar Pradesh, Jharkhand), live and work in pitiable conditions (FIDH, 2002; IMF, 2006). They migrate as a survival strategy because with their previous jobs (at USD 1 per day) and small farms they are unable to maintain their families. Their number varies from 5000 to 50,000. They work under contractors, on a daily basis and with no contract or rights. They work 12 h per day, six days per week. During the field work in Spring 2009, their daily salaries ranged from a minimum of 150 Rs (USD 3) for helpers and loaders to a maximum of 375 Rs (USD 7) for experienced cutters. They live, without their families, in shared shanties, locally called Kholi, close to the yard with no running water, electricity or sanitation (Fig. 15). They are continuously exposed to pollutants, from the air they breathe, the water they drink and the fish that they eat. Notably their jobs present a number of hazards. Frequent accidents are caused by fire and explosion, falling objects, trapping or compression, snapping of cables, falls from heights, and lack of personal protective equipment, housekeeping standards and safety signs (ILO, 2004). In case of injury or death, they are rarely compensated (Rousmaniere and Raj, 2007). Local fishers report that severely injured workers are sometimes dumped at sea and left to drown. The Final Report of the Technical Experts Committee, presented in 2006 to the Indian Supreme Court, offers an insight into the hazards faced by these workers. With regard to accidents, the Final Report notes that the average annual incidence of fatal accidents in the ship breaking industry is 2.0 per 1000 workers while the all India incidence of fatal accidents during the same period in the mining industry, which is considered to be the most accident-prone industry, is 0.34 per 13 1000 workers. This is based on official data from 1995 to 2005 (roughly 40 traumatic work fatalities per year). Indian media reported twenty-seven fatal

13

Current reality and progress towards change, Transport International Online, (www.itfglobal.org/transport-international/ti26-beaking2.cfm; accessed in January 2012).

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Shipbreak king at Alang-So osiya (India)

accidents between Ja anuary and September 2011. It wou be metho S 2 uld odologically more accurate to co rrelate the number of fatal accide ents to the number of dismantled ships, as w d workers do when they say one ship, one death. Others say, w one per day. With r regard to pollutants, the Final Rep port cites th Medical he Examinatio of the As on sbestos Han ndlers by a team from t the National Institute of Occupational Health ( (NIOH) which concludes, The X ray examinatio by NIOH h y on showed lin near shadow on chest X rays of 15 (16%) of 94 workers occ ws cupationally exposed to asbestos. These are consistent with asbes t . e stosis There are no medical re ecords on th short and long term effects of th e workers' exposure to he d e e contamina ants.

Fig. 15. W Workers' hou using conditio ons, ASSBY ( (April 2009) Photo credit: F. Demaria

Impacts on fishing co o ommunities The South Saurashtra coastal are has alway been wel l known for fisheries of h a ea ys Bombay Ducks (Harpo D odon neheriu Hilsa, prawns and ot us), ther species. Fish catch in the gulf of Khambat is found to be rich on th western s t he side over 100 Km away. 0 Data for fish catch fo 1991 and 1995 are indicative. T f or d Table 3 show the fish ws landing situation at Go ogha, Bhavna agar Lockgat and Katpa te ar. f Gogha and Bhavnaga Lockgate are on the East side of ASSBY ab ar bout 50 Km e away. Katpar is on the West side of ASSBY again 50 Km away. Fro the data e m om available for the comm f mercially imp portant fishes a definite fall can be observed in s, o the fish ca atch, apart fr rom disappea arance of ce ertain specie (Gov. of In es ndia, 2002). In the sam area there are about 2500 fishers living in sm commun me e s mall nities on the beach and in villages (from East to West: Gogha, Mith Virdi, Sos d s G hi siya, Alang, Talaja, Sartampar, Go pnath Gadhula, Mahuva Katpar r). Fishing ac ctivity constit tutes the main source of livelihood fo about 10,0 people. or 000 Apart from Gogha w here the majority is Muslim, they all belong to the Koli m community Kolis belo y. ongs to the Scheduled Tribes (ST), that (togeth with the T her Scheduled Castes, SC are unprivileged popu d C) ulation group explicitly recognized ps hipbreaking began, the by the Co onstitution of India. Fishers report th f hat, since sh quantity, variety and s v size of fish has decrease the flavo has chan h ed, our nged, and a

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number of species h f have disapp peared (Tab ble 5). Oth hers like mudskippers (Periophtha almus barbarus, an amphibious fish w a specia air breathing system) with al have bette adapted, but are nor er rmally less c commercially valuable (apart from y being conta aminated). Fishers rep not to ha noticed any damage to their own health due to pollution. port ave a However a number of pollutants can bio-accu f c umulate and enter the food chain. d f Heavy met tals bioaccu umulating in the fish ha ve been fou und to be many times m higher than the maxim n mum prescrib bed (Mehta, 1997). Thes highly tox fish are se xic not suitable for human consumptio However they are loc e on. cally caught, consumed (mainly by fishers and shipbreaking workers) an go in drie or fresh fo all over g nd ed orm India and a abroad. Fish can swim long distance and be caught elsew h es c where. High levels of b butyltin, a PO have be OP, een found in fish for con nsumption in the entire n AsianPac cific region. S Shipbreaking along with sewage dis g, h sposal and anti-fouling paints, is considered th main sourc of this (Ka he ce annan et al., 1995). shers. They cannot easily fish elsew where for a There is no simple solution for fis better quality of catch: t area of pollution is ve wide, and fishers are not readily the p ery d mobile. They are also c constrained by legal rest trictions on where they may fish. In w m consequen nce, the quality of life of all the com mmunity has worsened significantly. The most vulnerable have to wo as unsk ork killed laboure while ot ers thers have emigrated in search of better oppo f ortunities. Th is picture is very similar to the one of Chittago ong (Banglad desh), the world second largest ship w pbreaking yard: As the commercia important species are replaced by low priced species and scarcity of ally t e y fish, many coastal fishers are lea y aving their hereditary profession and moving p around eve eryday as en nvironmental refugees in a state of under emplo l n u oyment and poverty to u unemployme and grim poverty (Ho ent ossain and Is slam, 2006).

Table 5 Fish landin in Kg ng for some species at d different centr near res ASSBY Source: D Dholakia, 1997

Ghogha Name of fi ish Bombay duck B Hilsa H Culpid C Mullet M Catfish C Colmi (shrimp) C Medium prawn M Jumbo prawn Lobster L Colia C Dhoma D Other fish O 1991 102 2,069 7020 1860 44 4,308 2 1,715 175 5,250 704 4,179 214 4,314 87 7,141 420 0,538 1995 5 93,862 Nil N Nil N 24,809 909,151 408,12 21 80,400 21,199 186,42 27

Katpar K 19 991 116,8 865 31,7 762 22,9 905 112,6 695 13,9 950 30,0 015 108,1 121 30,2 225 15 500 33 348 11,4 487 106,9 951 1995 46,129 9 15,860 0 23,390 0 12,776 6 2250 0 48,072 18,690 0 Nil 2769 9 3565 5 27,854 4

Bhavnagar Lockgate r 1991 74,792 Nil 20,240 78,180 3162 34,056 1995 32,596 5689 62,004 27,831 110,639 -

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Shipbreaking at Alang-Sosiya (India)

Fig. 16 Fishing communities: housing conditions, waste all over the beaches, nets marked with oil and a fisher complaining about skin problems. ASSBY (April 2009) Photo credit: F. Demaria

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Shipbreaking at Alang-Sosiya (India)

Impacts on villagers The ten villages in a radius of 12 Km (Alang, Sosiya, Manar, Sathara, Kathwa, Bharapara, Mathavada, Takhatgadh, Jasapara, Madva) have experienced great economic and social changes because of shipbreaking (UNESCO, 2001). Previously working mainly in agriculture, after the arrival of ASSBY they could find new employment and business opportunities (often in accordance to their caste) in transportation, trade and retail (Chaudhari, 1999). Some of the environmental impacts are of concern for the villagers. Those living close to the operation yards are affected by noise pollution. More generally people complain to Sarpanches (heads of villages) and local authorities about the dumping of waste from the dismantled boats as there are hundreds of dumping sites in all the surroundings (Figs. 12, 13 and 16). Preferred sites are waste lands, traditionally used for grazing, but also farming fields; people report that oxen and cattle have died because of eating waste. Villagers report respiratory and skin problems particularly when the waste is set on fire. Most of the villages along the coastline in this region suffer from water scarcity and salinity. The industry has worsened the problem of overexploitation of water reserves (through population growth and workers immigration) leading to a decrease in groundwater level. Apart from the deterioration of agriculture and animal husbandry, villagers report kidney diseases that are related to both salinity and pollutants. A number of wells are so polluted that they have been abandoned. Modern and traditional forms of agriculture co-exist for respectively large and small farms growing mangos, chikos, coconuts and onions. Since the industry has settled, land and labour prices have increased locally. On the other hand the quantity and size of fruits have decreased, and the flavour has changed (Fig. 17).

Fig. 17 Thin layer of dust and chemicals on the leaves of plants in agriculture fields one kilometre from ASSBY (April 2009) Photo credit: F. Demaria

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Shipbreak king at Alang-So osiya (India)

2.4.4 Em mergence of a conf e flict: from material o origins to cultural di iscourses s


If this was the end of the story, it would simp confirm th Lawrence Summers' s ply he e Principle. Instead the next sectio shows th emergenc of a con e on he ce nflict where disputes about values are vocalize The conflict has mate rial origins th are then a ed. hat shaped by cultural discourses. As discussed in soc b cial moveme ent theory, diagnosing a problem (such as sh g hipbreaking) turns out to be a very contentious o process, where the d ifferent acto try to affirm and imp w ors pose their in nterpretative frame to the detrimen of represe t nt entations pro oposed by th others (S he Snow et al., 1986). The constructio of reality is inextricab linked to asymmetrie of power e on bly es , (Della Port and Diani, 2006). ta

2.5

Lo ooking c closer at the ecol logical d distributio on co onflict: T Blue Lady case at th Supre The e c he eme Court (200 062007) )

2.5.1 Th hree spati scales for the co ial onflict: Inte ernational, na ational an d local
In the 199 90s, the Ala ang and Sos siya landsca ape attracted worldwide interest in d terms of its aesthetics as an indus strial and soc inferno (a shown in the images cial as by the Brazilian pho otojournalist Sebastiao Salgado sh hot in 1989) Although ). environme ental and lab bour groups started stru ucturing thei r complaints its socios, environme ental aspects are still neglected. Th conflict h s he has develope at three ed different scales (intern national, natio onal and loc with enviironmentalist playing a cal) ts major role, accompaniied by trade unions and human right groups, to ts ogether with industrial lobbies, the Gujarat and Indian gove l d ernments, an as so oft in India, nd ten the judiciary. ernational lev vel, environm mental NGO including Greenpeace and BAN Os, At the inte (Basel Ac ction Networ rk), carried out campaigns to raise public aw e wareness in developed countries a d and lobby for the implem r mentation of r regulations (notably the ( Basel Convention). C . In 20 005 the Platform on Sh hipbreaking (www.ship pbreakingplat tform.org) was created as an int w d ternational network of environme ental, human and labou rights organizations to challenge the global n ur shipping industry. In India, envir ronmental NGOs (like T N Toxic Links, Corporate Accountab bility Desk, H Human Right Law Netw ts work) and ind dependent ac ctivists (like the resear rcher Gopal Krishna, the activist Mad e dhumitta Dut tta, the lawyers Bushan Oza and Colin Gonsalv C ves) engage in judicial activism and fight to this day on the ed d s Civil Writte Petition o Hazardou Waste Ma en on us anagement f first filed in 1995 to the Supreme Court by the Research Foundation fo Science, T C F or Technology and Natural a Resources policy. s At the local level th conflict has remained latent. S he Seasonal workers are w vulnerable because of their precar e f rious social and econom condition and so can a mic de be easily kept under p k pressure and domination. A local trad union (Al d lang Sosiya Ship Recy ycling and G General Workers' Assoc ciation), with limited pow h wer, exists,

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accepted s since 2005 by ship breakers to negot iate wages. Workers rep the use y port of violence (by the loca police) ag e al gainst sporad attempts of strikes ov dispute dic ver about salar safety, wo ry, orking and liv ving conditio ons. Villagers h have expressed oral co omplaints to authorities, normally th hrough the heads of villages. Som attempts of frame brid me o dging (Snow et al., 1986) are being undertaken by nationa activists between vill agers (envir n al b ronmental is ssues) and workers (w working and living conditions). The a alliance could potentially be strong, d especially in case a common org ganizational base can be built. Sh hipbreakers actively oppose the pro ocess with threats and a divide et imp pera strategy. Media coverage of the human and environme e ental conditio at ASSB obliged ons BY competent Indian auth horities and Internationa Organizat al tions (UNEP ILO and P, IMO) to rea Both att act. tempted to assess the m a main issues at stake, tac ckling them with detailed policy-m making initiat tives (mostly technical guidelines) and more y effective im mplementatio (Basel Convention, 2 on 2002; IMO, 2003; ILO, 2004). The 2 2 proposed p practices (i.e technology to improve labour saf e. e fety and env vironmental protection) are similar to the ones used in dev veloped coun ntries. The in ndustry left those shor to avoid the rules. Te res echnically co orrect, but po olitically naiv none of ve, them has b been enforce Instead, in order to un ed. nderstand th situation, the case of he t the Blue L Lady at the Supreme Co ourt of India is presented hereafter. This is not d the most fa amous one (this would be the Cleme enceau in 2006) but it illu ustrates the issues at stake, the decision making proce ess and the valuation languages e deployed a different s at scales by dif fferent actor of the con rs nflicts over this type of waste disposal.

Attemp of frame pts bridging between g villager and worke rs ers, underta aken by nationa activists, is al s oppose by ed shipbre eakers with a divide et impera strateg gy

2.5.2 History of th Blue Lady last v he L voyage


SS France was built in 1960 by the French Lin and was at that time the longest e n e ne a t passenger ship ever bu It had a mass of 45,0 tons, was 316 m long and 34 m uilt. m 000 g wide, and h 16 floors and 1400 ro had s ooms. In 1979 it w sold to N was Norwegian Cruise Line (th mother co he ompany Star Cruise Ltd r SCL), re enamed SS Norway and transforme into the world's most glamorous d ed w cruise ship Seriously damaged in 2003 by a boiler explosion in Mia p. n ami, it was towed to G Germany where repairs were plan s nned. A feas sibility study in 2004, y, estimated that to dec contaminate part of the in-built asbestos would cost 17 e millions Eu uros. In 2005 the ship left Germ any, its official destina p ation being Singapore, for reuse. The ship ow , wner intentio ons were to discard the ship, and e therefore the SS No orway becam waste under the EU Waste Shipment me Regulations. Moreover since it co r, ontained haz zardous sub bstances, it could have c been consi idered hazar rdous waste for the purpo of the Ba ose asel Convent tion. Under Article 9 an Basel Ban Amendment, the expo of ships fr nd ort rom OECD countries to c non-OECD countries, s D should be conceived as illlegal traffic (Moen, 2008 The ship ( 8). arrived in M Malaysia and was planne to be scra ped in Bangladesh. d ed However, due to p protest by BELA (Ban e al ngladesh environmenta lawyers association the sale w n) was declare invalid. In 2006 SS Norway left Dubai the ed n

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Shipbreak king at Alang-So osiya (India)

authorities being inform s med that it was going for repairs, as in reality it was sailing w s towards Alang, to be d dismantled. In June 2006 the m 2 mother comp pany Star Cruise (Mal aysia) sold it through C Norwegian Cruise Lin (Bermuda) to the Liberian (she company Bridgeed n ne L ell) Shipping for, officially, $10 (as ind f , dicated in th Bill of salle for Baham he mian ships). Bridgeed sold it, after 1 month, to the Indian shipbreak r king compan Hariyana ny Steel Dem molition Pvt. Ltd. The ow wnership was then transf s ferred again to another shipbreaking company Priya Blue Industries Pvt. Ltd. Th ship, finally renamed y, e he Blue Lady, apart from the common practice of under-invoic n cing, had a real price of r about 15 million dollars m s. On May 2006, the shi p was initially prevented from enteriing Indian waters by an d application of the act n tivist Gopal Krishna to the Suprem Court of India. On me f , humanitarian grounds, because of the monso oon, the ship was allowe on June p ed, 2006, to anchor at P Pipavav port near Alang It was fin t g. nally beache (without ed permission on the 3rd of August 2006 and allowed to be dismantled by the Final n) d 2 b Court Orde of the 11th September 2007. er h r

2.5.3 Th case in the Supr he n reme Cour Argume rt: ents and la anguages of valuatio on
The analys of a judic case, such as the Blue Lady on offers an insight into sis cial ne, the framing conflict, me g eaning the struggle over reality const truction. Diffe erent actors participate ed in the politics of significat o tion (Hall, 1982). Th here were environme entalists, villlagers, ship pbreakers an the Indiian authorities. Actors nd involved are signifyin agents engaged in the product a ng e tion of alter rnative and contentiou meanings (Benford and Snow, 2000). The undertook two core us s ey k framing tasks: diagnos and prog stic gnostic. The first concern the definit ns tion of what the problem is, who is responsible and who ha the legitim e as macy to have an opinion e on it; the second re gards the proposed so p olutions. In particular, this section t analyses the different attitudes exp t pressed by these actors to the three methods of waste man nagement, a the differ and rent valuation languages they used to frame the n issue.

Environm mentalists Indian env vironmentalis sts, in alliance with international org ganizations, challenged shipbreaking accordin g to languag of justice, economic and legali Using a ges cs ity. justice disc course and i nvoking the Basel Conve ention they d described it as an illegal a export of toxic waste from rich to poor cou e untries highl ighting impa acts on the environme ent, and the health and livelihood of workers a o and local co ommunities. Blue Lady was a cas of toxic im y se mperialism, Gopal Krishn argued. The practice G na T is perceive as enviro nmental injustice or envi ed ironmental ra acism on a global scale g (Lipman, 1998) and a human right violation. Orthodox ec 1 ts O conomic lang guage (such as interna alising exter rnalities or polluter pay principle) was also strategically ys ) s adopted by Greenpea b ace, BAN and the Ship pbreaking Pla atform. While they are

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conscious of the pitfalls of econom values, th polluter pays principle offered a mic he p e suitable lan nguage to lin questions of economic with ques nk cs stions of justice. Finally, the last lan nguage used was one of compliance with the rule of law. India activists e an often claim med that exis sting legislation had be en violated. Gopal Krish hna, in his application, called for respect for the 2003 Su t upreme Cour Order including prior rt informed c consent, inv ventory of hazardous w h waste mandatory for sh owner, hip decontamin nation by th ship owner prior to e he export, proper removal and waste manageme ent (with sp pecial attention to asb bestos) and transparen pollution nt monitoring by GPCB. He pointed that the Blue Lady carried 125 tons of 50 asbestos, t the import o which is banned unde r the Basel Convention and Indian of Hazardous Waste (ma s anagement and handling Rules, 20 a g) 003. Lastly, he claimed h that ILO standards on occupational and envir n ronmental health hazard had not ds been respe ected.

kers Ship break The positio of ship b on breaking companies ha s always be een articulat ted by Mr. Nagarsheth historical president of the Iron Steel Scr h, n rap and Sh hipbreakers Association of India (ISCSAI). The argument was basically made on economic n e n values, tho ough also env vironmental values were employed. v In their A Application o February 2006 (IA 25) they highlighted ASSBY's on A contribution to the ec ns conomy claiming that m more than 10 00,000 peop were in ple direct and indirect emp ployment, up to 2.5 millio tons of good quality and cheap p on g steel (appr roximately 5% of the domestic dema % and) had be returned to market, een and that 20 billion of R (USD 400 million) ha d been raise by the au 0 Rs 0 ed uthorities in the form o customs d of duties, incom and sales taxes. Mr. Nagarsheth presented me s shipbreakin as an en ng nvironmentally friendly a activity beca ause, by rec cycling the materials, it saves nonrenewable resources ( (such as iro ore and the energy on t needed to produce primary steel). In contrast to other me ethods of ma anufacture, especially steel manuf facturing, it does not pro d oduce solid waste. This position is apparently supported by the IMO which has declared shipbreaking a Green O s g industry. Mr. Nagar rsheth claim med that occ cupational h hazard is th issue, an not the he nd environmen ntal impacts as publiciz s zed by med and activists. The recognized dia hazard cou be met by resorting to new tec uld chnologies. In fact Mr. Nagarsheth N agement wit declared to be committ to proper waste mana o ted r thout causing any harm g or damage to human lif or to the environment . Finally he refused to se ships as e fe e r ee hazardous waste, so th national and internat hat tional legislat tion for the transport of hazardous waste would not apply. What is inte d eresting here is that while business e interests employ the s same languages (econom environmental, distr mic, ributive) as the environ nmental grou ups, they fra ame very dif fferent and at very differ a rent scales the issues, to come to v very different evaluative c conclusions. .

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Indian aut thorities The Minis stry of Envir ronment and Forestry (MOEF) tog d ( gether with three other ministries (steel, ship pping and la abour) are in charge of the policyf -making on shipbreaking; GMB (G Gujarat Maritime Board) and GPCB (G Gujarat Pollution Control Board) dea with the lo al ocal impleme entation of ru ules and regu ulations. The valuation eir premises and positio ons were ve close to those of s ery o ship owners and ship s breakers, emphasizing public ben g nefits in term of econo ms omic and environmental values at the nationall scale. According to the authorities ships are not waste, s, hazardous substances are manag s s ged in an environmenta e ally sound manner and m workers safety is un s nder control Since the l. ere was ne ever any po ollution, no remediatio is neces on ssary. The Menon Com M mmittee (HPC constituted by the C), Supreme Court in 1997 presented a Report (background to the 2003 Court Order) C 7, d o C that repres sents the solle governme ental admission of severe pollution an inhuman e nd conditions of the worke ers. e, o nical Experts Committee In the Blue Lady case MOEF was in charge of the Techn (TEC) on Manageme ent of Haza ardous Wastes that the Supreme Court had e established on March 2006, to investigate environment protection workers` h e tal n, safety and health. C ommittee sh d hip-inspectio ons, such as the routin ones by s ne GPCB, ar visual, be re ecause in ASBBY there are no pro A e roper laboratory testing facilities. Gopal Krishn proved the conclusion of these in G na e ns nspections to be wrong. o The Committee had declared that presen t nce of radio oactive materials in a passenger ship like the Blue Lady is quite unlikely. In fac it containe 5500 fire r e y ct, ed detection points conta aining 1100 radioactive elements in t r e the form of Americium241.

Villagers On March 2007, Mr. B Bhagavatsinh Halubha Gohil, Sarpa G anch of Sosiy (head of ya the village filed an a e), application on behalf of 12 sarpanch o hes and 30,000 people who live within a dis stance of 1 to 25 Km from the s shipbreaking yard. The applicants were oppos sing the dism mantling of the ship bec t cause of the damage it e would do to the health of workers and villagers and the en vironment (the soil, sea t h s food, wate air, flora a fauna) on which the livelihood of the people depend (the er, and n l d majority of the populat ion consist of farmers and fishers). f o They ackn nowledged th the scra hat apping of the ship was vigorously opposed by o environme ental groups in India, as the Indian breakers did not have th facility or b he technology to safely diispose off the estimated 1000 tons of asbestos. Three main y e f reasons prompted the to take le em egal action. Firstly, they presented a study that they had commissione to a consu c ed ultancy about the potentia health dan t al ngers due to carcinogen effects of the airborne dispersion of the asbe nic f estos fibres contained in c the ship. Secondly, the mentioned how open dumping of waste into the sea had S ey t affected fishers forcin them out into the sea beyond five or six kilometres ng s because of the oil th spreads over the water, ruining fishing. Thirdly, they o hat w g explained how in the p past 15 to 20 years farmers had bee noticing th the yield 0 en hat of their cr rops was diiminishing. Even though its cause had not been easy to E h

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king at Alang-Sosiya (India) o Shipbreak

pinpoint, th had com to the con hey me nclusion that this was re t elated to air, water and soil contam mination brou ught on by the work at AS SBBY. The villagers requ v uested their 14 inclusion in the Civil W Petition No. 657 of 1 n Writ N 1995 (a public interest petition on the questio of hazardo waste im on ous mport), that t Blue Lad not be allo the dy owed to be dismantled at ASSBY a asked fo social and environmental justice. Notably, in d and or d an interview for the Ind w dian magazin Frontline, Mr. Gohil, promoter of the petition ne p t and Sarpan of Sosiy clarified th intention declaring: we don't want to stop nch ya, heir ns w shipbreakin because t ng that would mean loss of jobs for hundreds of peo m ople. All we are asking is that it sh hould be don in a resp ne ponsible man nner and our lives and earnings ar not affecte 15 re ed. Witnesses report that a Judge snubbed the petition and the valid t s e dity of the knowledge of the loca people com al mmenting W What do these people know about k asbestos?. .

2.5.4 Th final Co he ourt Order on Blue Lady r


The final C Court Order was passed the 11th o Septembe 2007. The villagers' d of er petition wa never ta as aken into co onsideration . The Cour considere whether rt ed permission should be granted for dismantling of the ship Blue Lady at Alang, n Gujarat. Th Court me he entioned that the vessel Blue Lady would give employment t w to 700 wo orkmen, provide the co ountry with 4 41,000 tons of steel and reduce s a pressure o mining ac on ctivity elsewh here. So tha in the framework of sustainable at, s developme (recogniz ent zing recyclin as a key element), the precautionary and ng y polluter pay principles (said to be accepted an settled in Indian Law) should be ys s nd ) considered together with the conce of balanc (between economic de d ept ce e evelopment nment) unde the principle of proport and environ er tionality (declared to be im mportant in an emerge economy These co ent y). onsiderations together with the tec s, w chnical and scientific s suggestions by the TEC, supported the conclus sion that: It cannot be disputed th no deve hat elopment is possible wit thout some adverse effect on the ecology and the env vironment, and the pro a ojects of pu ublic utility cannot be abandoned and it is ne d ecessary to adjust the in nterest of the people as well as the e w necessity t maintain t to the environm ment. A bala ance has to be struck be etween the two interes Where th commerc venture o enterprise would bring in results sts. he cial or e g which are f more use for the pe far eful eople, difficu lty of a small number of people has to be byp passed. The comparativ hardships have to be balanced and the e ve s d the convenienc and benefit to a larger section of t people has to get primacy over ce h comparativ vely lesser h hardship. Th intention, as declared by the Court, was to he d balance th priorities of developm he ment (genera ation of reve enue, employment and public inter rest) on one hand and environmenta protection on the othe Under a e al er. strictly and properly regulated, the general ad dmission that activity nee t eded to be s breaking o the Blue L of Lady was allowed. No q quantification of costs an benefits n nd was asked for by the S d Supreme Co ourt, and nei ther was a multi-criteria evaluation m carried out.
14 15

Available a http://www.elaw.org/node/14 at 400. Shipload o trouble, Lyla B of Bavadam, Front tline, 16 Nov 20 007.

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Shipbreak king at Alang-So osiya (India)

2.5.5 Sh hips: whic and fro where? ch om ?


Here we have analyse Blue Lady but the sa h ed y, ame we coulld have been done with n many othe ships. Rob de Bois bulletins on shipbreaking offer a det er bin g tailed list of ships sent for breaki ng with inte eresting info ormation (i.e year of construction, e. owning co ompany, flag g,...). Hereaft we prese a few m ore cases fr ter ent rom France and Spain even thou n, ugh many more cases could be rep m c ported with details from d Europe an other coun nd ntries.

Clemence eau The famous case is the French aircraft car rrier Clemen nceau, suppo osed to be dismantled in ASSBY But in December 200 before C d Y. 04, Clemenceau set sail for arted protes India, Gre eenpeace sta sting against France's p t plans to out tsource the scrapping of the 27,00 00-ton warsh laden with toxins su ch as asbes hip stos, PCBs, lead, mer rcury and o other toxic chemicals in India in violation of the Basel c n Convention. Despite, o 31 Decem on mber 2005, Clemenceau left the Fre u ench port of Toulon to be dismantle in Alang-Sosiya. On 6 January 20 ed 006 the Sup preme Court of India tem mporarily de enied access to Alang. Six days later t ship reac x the ched Egypt, where she was boarde by two Gr e ed reenpeace activists. Egy a yptian author rities denied access to the Suez C Canal. On 15 January the ship was finally allowed to pass. 5 This decis sion was he eavily criticis sed by Greenpeace an other env nd vironmental groups. Th same day French Pre hat y esident Jacq ques Chirac o ordered Clem menceau to return to French wate and rem ers main on standby followin a ruling by France's ng b highest ad dministrative court, the Conseil d't tat. After it had been ly ying off the French naval port at B rest for over two years, Able UK issu ed a press release on 1 A July 2008 confirming that they had been given the con h ntract to dis smantle the Clmenceau at its TE ERRC (Tees sside Enviro onmental Re eclamation & Recycling Centre) fa acility at Gray ythorp, Hartlepool. Spec dispensa cial ation was giv to Able ven dle by the UK HSE to hand the asbe estos content of the carrie which wou normally t er uld have been prohibited b its Control of Asbestos Regulation 2006. Although highly n by s ns controvers sial, the quallity of the dis smantling op peration has been complimented by independe environm ental groups ent s.

From Spa to ASSBY ain Y Less famo than the Clemenceau, there are cases from three Spanish boats of ous Acciona Trasmeditter T ranea S.A. The first is Ciudad de Cdiz, owned by Trasmedite erranea sinc January 1981. On the 4th of March 2003 it cha ce h anged name d to Ciudad and adopted Panama flag. On the 2nd of Abril 2 2003 it arrive in Alang ed where has been disma s antled. The second is Ciu s udad de Alic cante, owned since Abril d 1981 by the same co t ompany. On the 6th of May 2003 it changed its name to n t Alicante with San Vice w ente and Granadinas flag. It was then sold to a log n gistic Indian company that sold it a t again fifteen days later to an Indian s o ship breaking company. g On the 5th may 2003, the boat was in Alang. h s

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king at Alang-So osiya (India) Shipbreak

In any cas the third case is und se doubtedly th e most interesting. The ship Beni Ansar, buil in 1975, w registere in Moronii (Comoros). During its life cycle it lt was ed . had been called Wist teria, Princesa Maria E Esmeralda, Beni Ansar and finally B Aqaba Exp press. It was owned by th Morrocan company Limadet (own at 35% he n L ned by Transm mediterranea) and managed by the naval comp ) pany Coman nav. It was detained o 12 July 2 on 2007 in the port of Alm e meria by or rder of the Ministry of Environment to ensure compliance with the B e e Basel Conven ntion. It saile off from ed Almeria in A August 2007 for Costanz in Roman ia, where it was to under repairs, 7 za w rgo but it chan nged course and sailed to Alang. Surprisingly enough, th Spanish e d y he authorities, eventhough being info , ormed, did n take any action to ensure the not y e enforcement of both Eu uropean and Internationa legislation. al

2.6

Po olicy rec commend dations


There are many a guidelines (Basel Conven ntion, 2002; IMO, 20 003; ILO 2004) which are w simply not implem mented

Things cou be done in a differen (better) w uld nt way and it is technically feasible to have a pro oper if more expensive dismantling o d operation (as in Europe). There are s in fact man guidelines (Basel Convention, 200 IMO, 2003; ILO 2004) which are ny s 02; simply not implement t ted. Ship owners coul d pay a deposit (or guarantee) o d throughout the ship life (Fig. 3) to be spent for proper dism t e mantling, esta ablished as a requirem ment for allow wing entrance at any har e rbour. This could allow in c nvestments to take the activity off the beach because dry docks oper e b y rations poten ntially offer better labour and envir ronmental sta andards. But all this wou increase their costs, t uld which is pr recisely the reason why they send b boats to unre egulated shipyards like those of AS SSBY in the first place.

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Hazardous waste ce entre in Radnevo (Bulgaria) o

3 Ca e st dy: ase tud Haz rdous H zar was e ce tre in w ste ent Radnevo R (Bu gari ulg ia)
3.1 Backgrou und
The Radn nevo case r recounts a conflict related to toxic waste trea c atment and disposal, specifically to the attempt of the Bulgarian g government to build a centralised facility fo managing hazardous waste (N d or g s NHWC th National he Hazardous Waste Cen s ntre), in the heavily pollut Stara Za h ted agora region in Bulgaria. The projec was succe ct essfully block by the re ked esistance of local commu unities, with the suppor of Bulgaria and intern rt an national EJOs s.

3.1.1 Chronology of event y ts


1999 Preparation of the project Co f onstruction of th National Ente for Hazardous waste he er s begins, financ by European Union's Phare program. ced n e Consultants w were engaged fo developing the feasibility stud for the technologies to or dy be used in the project, the ec e conomical and financial assessm ment and projec ctions for the National H Hazardous Wast Centre (NHW te WC); an informattion campaign; project site selection; the Environmental Impact Assessm ment (EIA) repo preparation of the ort; o project propos and the application documents for the EU's Instrument for Structural sal s Policies for Pr re-Accession programme (ISPA A). January and F February: Aware eness campaign were conduc ns cted among the local population. 2001 May: The EIA report was ope for public review for one mon before the tw local en nth wo public hearing gs. 20 and 21 May local public meetings were he to discuss th EIA report. y m eld he 22 May: The p project is approv by the Minis of Environm ved stry ment and Water (MOEW) End of May: T application for financial assistance for the p The f project from ISP is PA

2000

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Hazardous waste centre in Radnevo (Bulgaria)

submitted. 10 September: An international EJO appeal addressed the ISPA demanding that a new approach be taken for managing hazardous waste in Bulgaria. The European Commission decided not to finance the project due to the compromised public consultation process. 2003 2004 MOEW restarted preparation of an application to ISPA with the same project. MOEW launched public consultations of the revised project, met once again by the opposition of the local people and EJOs, who held several demonstrations and sent numerous letters protesting against the project to the institutions involved. Early in 2005 EJO Za Zemiata conducted sampling of free-range chicken eggs for toxic chemicals in the vicinity of the proposed site, which revealed very high dioxin levels far in excess of EU limits. In June the EC informed the EJOs that NHWC project would not receive ISPA funding because of serious deficiencies of the Environmental Impact Assessment report. The current National Programme for Waste Management Activities in the period 20092013 includes the construction of a National Hazardous Waste Centre under priority investment projects, but just disposal and other treatment facilities are mentioned, not including incineration. Current status of the project: unknown.

2005

2012

3.1.2 Geographical background


The plan was to site the NHWC in the abandoned village of Gledachevo, located in the Radnevo Municipality, part of Stara Zagora region in the South-East part of Bulgaria. The region of Stara Zagora is the heart of the coal industry in Bulgaria, with three open coal mines and three coal-fired power plants in operation.
Fig. 18 Proposed location of the National Hazardous Waste Centre in Bulgaria Source: Za Zemiata based on Google Maps

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Hazardous waste centre in Radnevo (Bulgaria)

Fig. 19 The abandoned village of Gledachevo falls into the Maritsa-Iztok Mining and Electricity Generation Complex Source: Za Zemiata

3.1.3 Social background


Overall, the potentially affected population includes 21,745 people living in settlements within 10 km from the project site. The majority of the population in Radnevo Municipality in 2002 is Bulgarian (86%), with some Roma (7% ) and Turks (5%). There is no data on differentiation based on ethnicity. Men slightly outnumber women, unlike the average situation for the country, due to employment in the coal-mining and energy generation sectors. The rate of natural increase of the population in both the larger region of Stara Zagora and the smaller area of Radnevo Municipality has been negative for 20002002. While this is is the general trend on national level, the depopulation trend in Radnevo is significantly higher than the average for the entire Stara Zagora region, which is higher than the country average. The demographic trend in Radnevo is characterised by a mortality rate (15 in one thousand in 2000, 17.2 in one thousand in 2002) that is twice as high as the birth rate (8.2 in one thousand 17 in 2000, 7.6 in one thousand in 2002) . Although a thorough investigation of the long-term trends in the health status in Stara Zagora region is not currently available, several trends are symptomatic of the environmental and health costs internalised by the local residents and workers employed in the Maritsa-Iztok energy industrial complex. Disabilities of children aged under 16 appear to be the 18 highest in the country (6.4 in 1000, the national average is 3.3 in 1000 for 2009). Child mortality rates are also higher than the national average: 11.9 per 1000 live
16

16 17

Not including migration. : , , 2004 / Povvik LTD, March 2004. Environmental Impact Assessment report for Investment proposal National Centre for Waste Treatment.

18

National Centre of Health Informatics, 2010. Annual Public Health Statistics for Bulgaria.

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Hazardous waste ce entre in Radnevo (Bulgaria) o

births as c compared to 9 per 100 live birth 19 Death caused by respiratory o 00 hs. diseases is higher in S s Stara Zagora region than the country average (4.9 per 1000 as compared to 3.7 pe 1000 in 20 20, indica er 010) ating health impacts from increased m levels of specific pollut ration of coa mines and coal-fired tants related to the oper d al d power plan such as f nts, fine particula matter an dioxins. ate nd

3.1.4 Ec conomic b backgroun nd


Not only th local eco he onomy, but also the eco onomy of th entire Sta Zagora he ara region is d dominated b the extrac by ctive industry it provide the larges share of y: es st employmen in the reg nt gion, while th chief eco nomic activit he ties are related to coal extraction, energy generation and maintenance of the mining and ene e ergy-related facilities an infrastruc nd cture. In Rad dnevo Munic cipality, coal mines are the largest employer. Radnevo an Galabovo municipalit nd o ties share an area of 240 square a 2 kilometres of coal mine that conta the larges deposit of lignite coal in Bulgaria, es ain st amounting to some 2100 million to onnes of coa l. Maritsa-Izt coal mines account tok for nearly 9 90% of all co extracted in the coun oal d ntry. Betwee 25 and 35 tonnes of en 5 coal are ex xtracted from those mines annually. The projected extractio in 2012, m . on calculated based on the demand by the re d egional coal-fired power plants, is estimated a 32 million tonnes of co 21. In Bulg at oal garia, the ave erage salary level in the extractive i industry sect is higher than that in most other sectors. Sta Zagora tor r n r ara region rank third (afte capital Sof and Vrats based on average salary level, ks er fia sa) and is 18% higher than the countr average fo 2010, and has been the case in % ry or d t 22 the period 2000-2009 9. The ene ergy produc ced by the Maritsa-Iztok complex contributes almost 30% of the ener produced nationally, coming seco only to s % rgy d ond 23 the Kozlod nuclear power plan dui nt. The M aritsa-Iztok complex is the first industrial c cluster in Bulg garia, named The energ heart of Bu d gy ulgaria.

3.1.5 En nvironmen backg ntal ground


The propos project s comprise mostly m eadow-type vegetation without any sed site es w protected flora specie Most of the landsc es. f cape is pasture land on top of recultivated coal-mines some ripar d s, rian areas, h human habita ations, roads industrial s, areas (the coal-fired po ower plants, the coal miines, the tec chnical repair sites, the enrichment facilities), the so-ca t alled 'anthro opogenic-tec chnogenic' landscapes (include ve large trac of land, di ery cts isturbed by in ndustrial exc cavation work tailings, ks, landfills, ro oads, aband doned or operational fac cilities and sites, etc.), and some reclaimed and recultiv vated landsc capes. In clo ose proximit there are nine water ty dams that serve as w wintering habitat for sev veral bird species of in nternational importance around 5 thousand birds of 29 water bird specie notably e: 50 ds es,
19 20 21 22 23

Ibid. Regional H Health Inspectorate-Stara Zago 2010. Disea and disability in Stara Zago region. ora, ase ora Mini Marits Iztok EAD W site (www.m sa Web marica-iztok.com m/en/). National S Statistics Institut 2010. Averag monthly sala level by regio for 2010. te, ge ary on Stara Zago Regional Au ora uthority, 2006. Regional develo R opment strategy for Stara Zagora, 2005y 2015.

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Hazardous waste centre in Radnevo (Bulgaria)

cormorants (Phalacrocorax carbo, Phalacrocorax crispus) and geese (A. albifrons, B. ruficolis) spend the winter there in significant numbers. As a minimum, the expected impacts include: trampling, soil and surface water contamination, drainage of some areas, rock and soil excavation might cause further contamination. Thermal power plants (TPPs) are the top source of dioxin emissions in Bulgaria: between 1998 and 2006, TPPs emitted between 41-51% of all dioxin emissions (consistently over 100 g/year); even after the sharp decrease in total dioxin emissions since 2007 due to better pollution controls, TPPs have remained the top dioxin emitters (over 2 g/year).
Fig. 20 A satellite image of the 'anthropogenic-technogenic' landscapes in the project area Source: Za Zemiata based on Google Earth

On and around the project site there are a number of archaeological sites of national significance, that would be irreparably affected or directly destroyed by project construction and operation activities. The municipal regions of Radnevo and Galabovo where the industrial energy complex Maritsa-Iztok (Figs. 18, 19) is located were officially listed as one of fourteen environmental pollution hotspots in Bulgaria, determined by a Decree of 24 the Ministerial Council 1994, based on poor air quality in the selected regions . As the three Maritsa coal-fired power plants use local low-quality lignite coal, they are among the chief national sources of sulphur dioxide emissions, a significant source of CO2 emissions, dust and PM10, dioxins and furans, NOx, mercury, cadmium. Maritsa East 2 (the largest capacity) emits nearly 450 000 tonnes of 25 SO2, which is 50% of all SO2 emissions in the country for 2002.

24

N 50 16.03.1994 . . 25 25.03.1994 / Decree of the Ministerial Council Nr. 50 from 16.03.1994. Executive Environmental Agency, National Reports on State of the Environment in Bulgaria, years 1998-2009; (http://eea.government.bg/bul/Output/SOE_Report/index.html).

25

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Hazardous waste centre in Radnevo (Bulgaria)

Fig. 21 Stara Zagora is the heart of the coal industry in Bulgaria. Thermoelectric power plant Maritsa East 2 Photo credit: Za Zemiata

Large parts of the land in the area within 10 km from the project site are already disturbed by ongoing or past excavation works and other industrial activities, or are subject to recultivation after industrial activities (see Figs. 20, 21 and 22).

Fig. 22 Maritsa-Iztok coal mines Photo credit: Za Zemiata

The problems expected from the project are related to hazardous waste treatment, incineration and disposal, plus the increased risk from transporting large quantities of hazardous waste from all over the country to the centralised facility.

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Hazardous waste ce entre in Radnevo (Bulgaria) o

3.2
The issue in t T this case is not ab c bout trade in t conventional c commodities. c . It is about tox xic remnants of r production p processes tha p at need to be n discarded d

Descripti on of the project D e t

The plan for a NHWC included several facilitie to be site on some 20 hectares f es, ed 2 of land. Th project in he ncluded a 15 000 tonnes/year inciner rator (plus an additional 30 000 to onnes/year incinerator planned for 2015), a solidification facility, a r n physical-chemical Tre eatment facil lity, a mercury recycling facility, a hazardous g waste landfill at the NHWC, a 5.000 tonne es/year asb bestos landfi auxiliary ill, buildings and facilities all to be sited in Gled a s dachevo, and an addition regional d nal hazardous waste landf to be loca s fill ated in the So region. ofia The issue in this case is not abou trade in co e ut onventional c commodities. It is about toxic remnants of pr roduction pr rocesses tha need to be discarde As the at ed. hazardous waste invollved originat from a number of larg e industrial enterprises, s te e they comp prise a dive erse mix of unwanted substances, end product of social ts metabolism Thus, this case is dire m. s ectly related to human he ealth and environmental justice. Po otentially affe ected environ nmental asse are land, air and wate ets er. The propo osed capacity for the fac y cilities of the NHWC is e estimated ba ased just on the amoun of waste reported by industrial waste gene nts e b erators in Bulgaria. No B considerat tion of house ehold hazard dous waste has been giv ven, as thos were not se subject to separate co ollection, no were they banned fro landfills at the time or y om (2000). Alt though the p project stated that the po d olluter pays p principle wou apply to uld the waste taken in by the NHWC, this only ref fers to the fa that indus act stries would need to pa in order to get their st ay o tockpiled and freshly gen d nerated waste treated at the NHWC However, the financia plan for th project fix C. al he xed the cos at levels sts 'tolerable' for the haza ardous waste generators artificially low costs that were to e s y be in pract tice subsidise by EU pu ed ublic funding. Household sources of hazardous waste stream did not en d w ms nter in the ca alculation of the capac of the N HWC facilities. This exc city cludes a wid range of dangerous de products and substan ces, includin common household w a ng wastes in Bulgaria that are regula ated by EU le egislation, namely spent batteries an accumula t nd ators, waste oils, end-o of-life vehicle and waste electric and electronic equipment. In addition, es e there are the expired p t pharmaceutic products, old paints, s cal solvents, ligh bulbs and ht mercury th hermometers to name ju a few of a long list of ubiquitous objects that s, ust f become hazardous wa aste for which no specia collection or take bac schemes al ck existed in Bulgaria in 2 2000. In 2012 the only dis 2 sposal option for much of that waste n is still the mixed house ehold waste bin, which ends up in th landfill - since nearly e he s 100% of waste in Bulg garia is simp landfilled with extrem w ply d, mely low percentage of recycling or reuse. o On the fac of it, the p roject doesn't involve any trade in im ported waste However, ce y e. as the pr roposed fee to be ch es harged for treatment / disposal pe tonne of er hazardous waste wer between two and thre times low than the European s re t ee wer e Union ave erage (in or rder to allev viate the fina ancial burde of hazard en dous waste treatment for large ind dustrial gene erators), EJO had serio Os ous concerns that once s built, the NHWC could start taking in importe hazardous wastes in addition to N d ed s domestic waste. w

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Hazardous waste ce entre in Radnevo (Bulgaria) o

The projec promoter is the Bu ct r ulgarian Min nistry of En nvironment and Water a (MOEW). M MOEW was hoping to fund the pro s oject using a 50% gran from the nt European Union's Inst trument for Structural P Policies for Pre-Accession (ISPA), combined w an EIB l with loan as matc ching funding The projec feasibility studies, the g. ct s application form and c conceptual design were conducted by consultants Fichtner b (Germany) and Chemc control (Denm mark).

3.3

Im mpacts of the pro f oject


Toxic waste w dumped to an area d dominat ted by the coal ind dustry, where most people m live and work in d worsene ed environm mental conditio ons, in order to maint tain a 'strategic' industry

The projec was suppo ct osed to produ positive environmen impacts by bringing uce ntal b a change in the way ha n azardous waste is manag in Bulgaria the most common ged practice be eing its storage and disposal in la andfills. Neg gative impac include cts aggravation of human and enviro n onmental hea alth problem in one of the most ms heavily polluted regions in the coun ntry. In addit tion, there is the further injustice of s dumping (m mostly industrial) toxic waste to an a area dominat by the co industry ted oal where mo people liv and work in worsened environmen condition in order ost ve d ntal ns, to maintain a 'strategic industry (fr n c' rom the pers spective of 'energy independence') generating some of the dirtiest pow in Europ in terms of pollution per unit of e wer pe, energy pro oduced. Bulg garia, agains trends in other Europ st pean countri ies, seems determined to maintain a dirty coal industry for power gene d n r eration. Thus the Stara s, Zagora reg gion has be ecome a p pollution hot tspot, perve ersely attrac cting other polluting industries. The geogr raphic distrib bution of ind dustrial haza ardous waste sources is such that e s between 9 90% and 97% of the wa % aste generat ted comes from outside the Stara f e Zagora Re egion, and m most of them are situat m ted at signif ficant distances to the proposed location of the NHWC.26 Apart fro greatly increasing the risk of om t accidents d during trans sportation of the waste, this fact als indicates a skewed so distribution of the unw n wanted produ ucts of the s social metab bolism that is tends to i happen aw from mor affluent re way re egions such as Sofia (ac ccounting for 30-50% of hazardous wastes gen nerated) and into an are that, although relatively well-off d ea economica sed by the authoritie as an ally, has b been formally categoris es 'environme ental pollution hotspot' where there iis 'increased health risk due to air w d pollution'. Industrial hazardous waste in Bulgaria betw B ween 2000-2009 avera ages some 27 706000 ton nnes annually and is mo ostly landfille ed. Thirty enterprises account for e a over 90% of the total industrial hazardous w h waste genera ated, with metallurgical industry as the leading generator, followed by the cemen pharmace s g y nt, eutical and petrol indu ustries, and including als some wa so aste water treatment pla ants and a factory pro oducing mil litary equipm ment and a arms28. Inci identally, metallurgical
26

Chemcont trol, Fichtner and Polyconsult EKO, 2001. Was Survey Fin Included in the E ste nal. preparatio of the ISPA A on Application Form for the project Establishment of National Hazardous m t Waste Centre .

27

Executive Environmental Agency, Nation Reports on S nal State of the Env vironment in Bulgaria, years 1998-2009 (http://eea.gov 9 vernment.bg/bul/Output/SOE_R Report/index.htm ml). Ibid.

28

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Hazardous waste ce entre in Radnevo (Bulgaria) o

The project t proposed to use a o large amou of unt public money. Ten enterprises generate ar round 60% of haza ardous waste and own the same share of all e stockpiled wastes hazardous w

industry is among the top export industries in Bulgaria, accounting for some 6 s e 2 billion BGN (roughly 3 billion Eur in 2010.29 A brief loo at the wa ro) ok aste survey conducted by the proje consultan reveals th ten enter d ect nts hat rprises generate around 60% of hazardous was and the same ten en ste, nterprises ow the same share of all wn stockpiled hazardous w wastes30. The projec proposed t use a large amount (55.5 million E ct to Euro) of public money, in the form of an ISPA gr rant, supplem mented by a loan from th European Investment he Bank, in order to fina o ance the cos construc stly ction and op peration of the NHWC, t which, if th projection on which the project is based are c he ns t s correct, would serve the needs of a dozen indu ustrial enterp prises, and would not ac w ccommodate household e hazardous waste at a Nevertheless, the EIA report c s all. E claims beneficial social rating econo effects of the project, such as dire ectly and ind directly gener omic growth and emplo oyment in th region, im he mproving regi ional infrastr ructure, redu ucing health and enviro onmental ris sks from cu urrent practic ces of haza ardous wast disposal, te educationa and aware al eness raising effects reg g garding haza ardous subst tances. It is unclear ho the last p ow point would be realised, considering that the pro b oject targets just industrial enterpris ses.

3.4

The confl ict

3.4.1 St takeholde ers


The main stakeholders historically involved in the conflict a describe in details s y are ed below. The Minis stry of Env vironment and Water (MOEW): th main initi a ( he iator of the project, clearly in a p position of conflict of int terest, being at the sam time the g me proponent, the investo and the authority resp or, a ponsible for a assessing th quality of he the EIA of the project and for imp f t plementing effective mo nitoring of th project's e he environme ental perform mance. The MOEW attem M mpted to solv the growing problem ve of accumulated haza ardous wastes in the country by betting on a single y n technological fix a centralised complex of hazardous waste trea s atment and disposal facilities. In contradiction with the general state n g e-prescribed actions to alleviate problems in t p the fourteen environmen hotspots (see p.4), the MOEW n ntal s chose to consider the abandoned village Gled c dachevo, loca ated in one of the most oject site. polluted ar reas in the co ountry, as the single candidate for pro Chemcon ntrol a/s: A Danish co ompany that participate in the consultancy ed c consortium which deve m eloped the entire project documentatiion (preliminary studies, EIA, ISPA application f form, etc.). Fichtner: A German company th participated in the c hat consultancy consortium which developed the e nary studies, EIA, ISPA entire project documentation (prelimin t application form, etc. Incidenta n .). ally, the ver same co ry ompany is involved in

29

Capital Weekly. Myths ab W bout Bulgarian exports. 29 April 2011 e


(www.capital.bg/politika_i_ _ikonomika/bulga aria/2011/04/29/1 1082287_mitovette_za_bulgarskii ia_iznos/).

30

Ibid.

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Hazardous waste ce entre in Radnevo (Bulgaria) o

developing the future Sofia waste manage g e ement conc cept, which entails a significant level of RDF (higher tha the rate of recycling) to be inciner F an f t rated in the coal-fired p power plants of the cen s ntral heating company located in th densely g l he populated u urban area o Sofia city. of Phare Pro ogramme wa the main channel for t European Unions fin as c the nancial and technical c cooperation w with the cou untries of Ce entral and Eastern Euro E ope, widely used in the form of gra e ants for techn nical assista nce and feasibility studie for large es infrastructu projects. ure Instrumen for Structu Policies for Pre-Ac nt ural s ccession (ISPA): is one of the three o financial in nstruments o the Europe Union (a of ean along with Phare and SA P APARD) to assist the ten candida countrie from Cen ate es ntral and Ea astern Europ in their pe preparation for access n sion by providing financi al assistanc of up to 85% of the ce 8 costs for infrastructure projects in the EU p e priority fields of environ s nment and transport. In order to receive a grant, proje ects need to undergo a thorough o appraisal a and get a fin approval by the ISPA manageme committe Criteria nal A ent ee. include eco onomic feasibility, cost-b benefit analy ysis, compati ibility with na ational and Community policies an objective in the fie lds of environment and transport, y nd es d proper env vironmental integration of the proje o ect, including consultatio with the g on public affec cted by the p proposed dev velopment. The MOEW was hopin to receive an ISPA g W ng e grant for 50% of the estimated 56 % million Euro project c costs. Throu ughout the project dev velopment period, the p prospect o receiving a ISPA grant has been used by th MOEW to persuade of an n he o opponents of the projec to become in favour of it. ct e f European Commissio (EC) an its agen on nd ncies (specif fically Regio onal Policy Directorate e-Generale, Environment Directorate e-Generale, the EC Delegation in Bulgaria): decides how and if IS w SPA funding is granted to project proposals. Decisions are made ba ased on com mprehensive appraisal of the submit o tted project proposal an all accom nd mpanying doc cuments. The EC re ejected the p project twice first in 20 001 and nex in 2005, because of xt b serious co oncerns rega arding violat tions of the public con e nsultation process and deficient pu ublic health impact asses ssment in the project area e a. European Investment Bank: exp pected to loa most of the remaining 50% to an cover the p project invest tment costs. EJOs: nat tional (Za Zemiata, CEIE) and inte ernational (C CEE Bankwa atch) EJOs followed c closely the p project deve elopments, r requesting access to in a nformation, analysing t the available information pointing o the weaknesses in the project e n, out design and public con d nsultation process, mai ntaining cor rrespondence with the relevant ins stitutions inv volved and warning the p w public, media and institut a tions about the danger of the proje rs ect. Environme ental Assoc ciation Za Zemiata is a independ Z an dent, non-profit, grassroots based organisatio establish in 1995 w on, hed which aims to promote sustainable s living and c combat explo oitation of pe eople and na ature. Za Zemiata had an assigned coordinator for the cam r mpaign, which significantlly facilitated the forging of alliances o

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Hazardous waste ce entre in Radnevo (Bulgaria) o

and buildin up of join campaign with both lo ng nt ocal and inte ernational co ommunities. Za Zemiat is a memb of the CE Bankwatc network, a worked closely with ta ber EE ch and IPEN at th time of t he campaign, which sig he gnificantly im mproved the capacity to influence national and international stakeholders. n The Centre for En nvironmenta Informati al ion and Ed Education (CEIE) was established in 1994 wi th the missio to increas the inform on se mation provision, to raise awareness and provid education and training to the c s de n citizens, volu unteers and members of NGOs and instit tutions repr resentatives in Bulgaria on the environme ental subjects and problems, to encou s urage the eff ficient use of the natural f resources and the sus stainable dev velopment on local, natio onal and reg gional level. CEIE's participation w with experienced activists such as P s, Petko Kovach hev, was of central importance for the succes of the cam r ss mpaign. CEI is also a member of IE CEE Bank kwatch. Several other Bulgaria NGOs also supported the campaig by signing on to open an o gn g letters and statements developed by Za Zem d s d miata and C CEIE: Borrow wed Nature, TIME Foun ndation, Balk kani Wildlife Society, etc. CEE Ban nkwatch Ne etwork is an internation non-gove n nal ernmental organisation o (NGO) wit member organisation from cou th ns untries acros central and eastern ss a Europe (C CEE), monito oring the acti ivities of inte ernational fin nancial institu utions (IFIs) which op perate in th region and promo he ote environm mentally, so ocially and economica ally sustaina able alterna atives to th heir policies and proj s jects. CEE Bankwatch contributed its expertise in lobby h d ying with ins stitutions wh hich finance projects us sing public m money, such as the EC and EIB. It w h was also ve useful in ery reaching out to interna o ational activis and NGO through its 'Active Ban sts Os ts nkwatchers' action ale erts informat tion system, which dist , tributed the call to writ to Stara te Zagora's Regional Gov R vernor, and also for gathering the sup a pport of som 70 NGOs me who signed onto the op letter ad pen ddressed to the ISPA prog gramme. The Intern national POP Eliminat Ps tion Network (IPEN) is a global netw k work of more than 700 public interes non-gover p st rnmental org ganizations w working toge ether for the elimination of persisten organic po n nt ollutants, on an expedite yet socially equitable ed basis. IPE gave indiispensable support to th campaign by providin targeted EN s he n ng training of NGO campa aigners and including Ko ovachevo villlage in the in nternational report on dioxin and PC levels in egg samples from 18 co d CB s ountries. Local init tiative comm mittees: the five village situated n e es next to the project site (Kovachev vo, Novosellets, Pet mogili, Rade m etski, Mleka arevo, Polsk Gradets) ki organised their own co ommittees of resistance, which comb f bined forces in a United initiative committee, he eaded by a local medica doctor, hig al ghlighting the enormous e significanc of the pu blic health concerns exp ce c pressed by llocal commu unities. The united initiative commit ttee was bac cked by the regional struc r ctures of the two largest trade unio in Bulga ria, Confede ons eration of ind dependent tr rade unions in Bulgaria (CITUB) and the Conf a federation of labour "Pod f dkrepa", wor rking to prote the right ect to safer working cond w ditions for more than 15 000 worke in the Maritsa East m 5 ers M energy com mplex. The l ocal commit ttees were ve effective in obtaining information ery from local authorities, organising protests an demonstr l , nd rations and expressing

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their oppos sition to the p project. In the numerous letters and appeals to all levels of eir s a state autho orities in Bu ulgaria, the United comm U mittee referr red to the fa that no act additional s sources of po ollution are needed or wa n anted by the local popula ation of one of the mos heavily pol st lluted regions in the cou untry, threate ening civil dis sobedience in case the opinion remained unhe eir eard. Local and regional authorities The mu d s: unicipal councils and mayors of settlements in the vicin within 10 km from th project sit the Gove s nity 0 he te, ernor of the Stara Zago region. ora

3.4.2 History of th conflict he


The first ro ound The projec for a National Hazard ct dous Waste Centre was first initiate in 2000, s ed using a grant from the PHARE pr e rogramme to contract th consultants Fichtner o he and Chemcontrol to co onduct the necessary fea asibility stud dies, concept tual design and Enviro onmental Imp pact Assessm ment (EIA). The projec was first re ct evealed to th public in J he January 2001, when the Ministry of Environment and Wate (MOEW) la er aunched a lo ocal awarene campaign targeting ess the population in the v vicinity of the planned sit for the ha e te azardous wa aste centre. Later all o options were dropped but one t e b the site of an abandoned village, a Gledachev vo. In April 200 at the tim of the first formal mee 01, me t eting intended to present the project d to the publ local peo lic, ople reacted negatively to the possibility of a new factory to o w be built in the region, and walked out of the p presentation. Local auth horities and project lea aders accused the loca people of being ill-m al f mannered and project a developme proceede without any public invo ent ed olvement. On May 2 2001, at the local public heari ng organise as part of the EIA 20, t ed o procedure, there were no local pe eople from th affected villages of Kovachevo, he K Pet Mogili, Radecki, and Novos selec presen except representativ nt, r ves of the municipal a authorities. P People from Kovachevo stated that they were no informed t ot of the mee eting; neithe were they aware of it purpose and importan for the er ts a nce future realisation of the project. Jus two days la e st ater, on May 22, in glarin violation y ng of the EIA procedu ures specified in Bulg garian legis slation, the Supreme Environmental Expert Council (SE EEC) of the Ministry of Environment voted a e f preliminary approval of the EIA report, so that the applica y t ation for fund ding of the project cou be submit uld tted to the IS SPA program mme at the en of May 20 nd 001. In August 2001 people from Kovachevo forme a Civil co e ed ommittee and collected d 408 signatu ures (where there are ab bout 580 resi dents with th right to vo against he ote) the constr ruction of th NHWC. With the he of the Stara Zagor regional he elp S ra governor, M Maria Neikov the petiti was sub mitted in the Bulgarian Parliament. va, ion e P Two meet tings with the local authorities a a and MPs fo ollowed. Pe eople from Kovachevo were inform that the project was already well under way, and it was o med l impossible to stop or t even deba it. Also, t to ate they were to that it wa better to old as agree, as t they would b benefit from the project. Later on, tw more loc citizens' . wo cal

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petitions against the pr roject were in nitiated in Pe Mogili (sing by 726 people) and et ged p Novoselec (signed by 4 people). c 493 . In an atte empt to influ uence the decision-making process on the fina ancing end, Bulgarian NGOs soug the sup ght pport of their internation counterp nal parts, which resulted in an open let n tter of Septe ember 10, 20 to the inv 001 volved direc ctorates and officials of the Europ f pean Commission. The letter called for a cha d ange in the objectives and policy of financing projects in the area of waste management in f Bulgaria to owards emp phasis on pr rojects that prevent was generatio and are ste on environme entally safe. The letter was signed by 75 N NGOs from around 30 countries. The answe of Mr. Je er ean-Marie Se eyler, Acting Director of the ISPA g o program to the NGOs Open Lett stated th "the Bulg s ter hat garian autho orities have given certa assuranc ain ces" for "full public consu ultation in lin with the EU Directive ne E on EIA". Before rev viewing the final EIA rep port, the SE EEC of the M Ministry of Environment E was inform med of the local people petition. Without tak es king the loc peoples cal arguments into accou s unt, the SEE approved the EIA re EC d eport, openin the final ng stage of the decisiont -making pro ocess needed to allow p project realis sation. One month afte the SEEC decision for approval, local people were formally asked to er C ts. present their argument During th special me he eeting on Oc ctober 22, 20 001, Deputy Minister of Environme o ent Dukov, stated sev veral times that NGOs had been manipulating the loca communities, in partic al cular accusin Za Zemi ng iata. It was made clea to the loca l people that the project was in such an advanced stage that ar t w d public inpu was no lon ut nger welcome. Meanwhile EJOs' con e, ncerns state during the project de ed evelopment stage were neglected: it took the M : MOEW more than 5 mon e nths to respo ond to Za Ze emiata's first position st tatement. Th key objec he ctions to the project stat e ted by NGO were the Os following: 1) No stud of the exis dy sting dioxins and furan pollution leve had been conducted s p els n in Bulgaria and particu a ularly in the Stara Zagora Region, n the Gled nor dachvo site. According to the Ann nual Bulletin on the stat of the en te nvironment in Bulgaria, i published by the Minis stry of Enviro onment, The ermal Power Plants emit around 50 r t % of total dioxins emis ssions in Bu ulgaria. There are three t e thermal pow plants in wer the area. 2) No asse essment of t cumulativ and synergistic effects of dioxin emissions in the ve ts e combinatio with existiing pollutants has been made. on s m 3) No pro oper investi gation of th quantity and sort o hazardous waste is he of conducted d. 4) No alter rnative treatm ment technol logy is consid dered differe than incin ent neration. These arguments were presented in a face-toe -face meetin between NGOs, local ng N committee and the M OEW on the 19th of December 2001 , when NGO proposed es e Os that the MOEW shou ld order a fresh environ M f nmental imp pact assessm ment of the project, which should include a new study of the health risks that the project n o h entails for the local p r population an involve international experts; an that new nd nd

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public cons sultations sh hould be con nducted, this time involv s ving all of th affected he villages and the worker at the Maritsa-Iztok ind rs dustrial energ complex. gy The attitud communicated by the Bulgarian government boil down to accusing des e t local peop of being ill-mannered because they did no want to accept new ple d, ot a constructio in their re on egion until the existing e nvironmenta problems are solved; al a unintelligen because they listen to the a nt, e n arguments of NGOs, or, as the o o governmen put it allo to be ma nt ow anipulated; iincompetent, because th did not hey accept the EIA experts statemen as conv incing enough to ensur that the e nts re project is h harmless. In conclusi ion, the Euro opean Comm mission's dec cision was th the proje was not hat ect ready and it would no be financ ot ced in 2001 . The Comm mission also proposed o further inve estigation to be made fo the dioxin contaminatio risk. The Ministry of or on Environment did not re eceive the IS SPA grant, n the EIB loan necess nor sary for the project in 2 2001.

The secon round nd In 2003 the MOEW re-initiated pre e eparation of the project for National Hazardous f Waste Ce entre, aiming to submit an applica g t ation for its funding to ISPA in s o September 2004. A co r onsultation on the EIA sc cope was co onducted on March 15, 2004 by t the MOEW with repres sentatives of NGOs, wh provided feedback, f ho demanding that additional data and analyses be included in the EIA repo g d e ort. Za Zemiata initiated a court case at the Sup e preme Admi inistrative Co ourt, in an attempt to negate the minister's approval of th project in 2001. The claim was he n rejected on grounds of lack of lega interest, as the positive decision to go ahead n f al s e o with the pr roject, based on the EIA report is o d A only valid for one year, which had already pas ssed at the time of the co case. ourt Of all sett tlements sit tuated neare to the project site, the most noticeable est , resistance to the projec came from Radnevo, where the newly elected municipal ct m n d council on January 15, 2004 voted unanimously against hav y ving the plan nned facility on their ter rritory. On the 7th of April a joi declaratio by the loc affected people and the workers int on cal p at the 3 TPP supporte by the tra ed ade-unions w was submitt ted to the President of Bulgaria, th Bulgarian Parliament, local author he rities and me edia. The peo ople stated that no off ficial represe entative took their opin nion into acc count, threat tening civil disobedien nce as an ex xtreme meth hod of fightin against the construc ng t ction of the NHWC. This time th United committee p he c presented a petition against the realisation of the NHWC project signed by 2750 people. C 0 On the 28tth of June 20 004 a MOEW presentati on about the new propo W e osal for the National Ha azardous Wa aste Centre provoked a d demonstratio at the pro on oject site by people from affected v m villages. Follo owing the pr resentation, local protest ters arrived at the plan nned project site with ba anners decla aring, "No to the hazard o dous waste centre", "W yearn for a sip of cle We r ean air - und derstand us" and We'd never join " Europe using lies.

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In the sum mmer of 200 an appea for action was circulate througho the CEE 04, al ted out Bankwatch member a h and supporte networks, asking activ er vists to send a letter to d the Stara Zagora regio Z onal Governo Maria Neikova, calling upon her to defend the or, g o people sh represent and to demand a cleaner altern he ts native for dealing with d hazardous waste. Mea s anwhile, NGO activists worked on de w eveloping th collective he capacity fo campaign or ning by deve eloping a cam mpaign plan and detaile guidance n ed for local activists. Za Zemiata's campaigner, Ivaylo Hle barov, went through a a , t special tra aining on co ombating inc cinerators, organised by IPEN, whe targeted y ere strategies were explain ned. Numerous requests fo informatio (well ove 20) were prepared and sent to s or on er a various in nstitutions in an attem n mpt to obta ain official information about the environme ental and fin nancial aspe ects of the project, and about the health and d pollution status in the Stara Zago region. Background iinformation, fact sheets s ora B and leafle on the p ets project and on the harmful impac and risks of waste cts aign, which were used transportation incinera ation were developed fo the campa d or with media and in lo obbying mee etings and corresponde ence with th involved he institutions Informatio n about non s. n-incineration technologie for hazardous waste n es treatment was compile and provided to the MOEW, com ed M mprehensive information about the project was published on nline on Za Zemiata's we Z ebsite, in Bu ulgarian and English. Two public hearings re c elated to the new EIA rep were sc port cheduled for 9th and 10th of Septem mber 2004 in the munici n ipal centres of Radnevo and Nova Zagora, as o announced in local me d edia.

Fig. 23 Local commu unities protes the plan to build a haza st o ardous waste treatment an disposal fa nd acility in on, anned site of the project their regio on the pla Photo cred Za Zemiata dit: a

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This mean that inte nt erested loca people f al from the most affecte villages m ed neighbourin the proje site wou be forced to to go to Radnevo and Nova ng ect uld d t Zagora dur ring working hours, in to disregard of the deliberate request sent to g otal rd the MOEW by the loc initiative committee o Kovachevo village thr W cal c of o ree months earlier, ask king that pu ublic hearing take plac in the af gs ce ffected villag ges, which received no response f o from the Mini istry. To mak matters worse, just two copies of ke w the EIA rep were ma publicly available in t region: on in Radnev and the port ade a the ne vo, other in No Zagora. T ova This made it practically im mpossible for villagers to review the Report and prepare st d tatements: in order to do so, they would have to travel to n o w t Radnevo o Nova Zago or ora, in order to read the document which is more than 300 r w pages long Moreover, local citizens who reque g. ested a copy of the EIA re eport using the Aarhus Conventio and the Bulgarian Ordinance for Access to Public on Information had not yet received anything b the time of the public hearings. n d by c Only one month was allowed fo reviewing the EIA report and submitting s or g statements and comme s ents. The appro oach taken b the MOE provoked NGO activ by EW d vists to state that the e developme of this pro ent oject up to now has dem n monstrated th remotenes of those he ss in power fro the real p om problems of ordinary peo ople, just like before 1989 The only e 9. difference now is tha democrati procedure are bein simulated which is at ic es ng d supposed to 'persuade' the financial donors that the pe eople have given their consent."31

Fig. 24 P Public hearing in Radnevo September 9, 2004. The presence of security gua rds anticipates an g o, outburst of public prote f est Photo credit: Za Zemiata
31

Petko Kov vachev from the Center for Env e vironmental Info ormation and Ed ducation quoted in a pressrelease by Za Zemiata of 11.08.2004. y f

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Fig. 25 Public hear ring in Nova Zagora, Septe Z ember 10, 2004. The prese ence of secur rity guards anticipates urst of public protests an outbu Photo cre edit: Za Zemiata

The public hearings concerning the Environ c nmental Imp pact Assessment (EIA) report on September 9-10 were extremely we attended by local res e ell sidents who openly exp pressed their opposition to the projec stating tha they will fight it using r ct, at f all legal means. The p m presence of guards in the hall in both meetings betrayed the g e h b organizers expectatio n of public opposition and possibly unrest (see Fig.7 and s' a y e Kovachevo Village stood steadfast b Fig.8). The mayor of K e V d behind his constituency c and he re efused to su upport the project. The positive st e tatement pre esented by Radnevo Deputy Mayo which wa immediate countered by a representative of D or, as ely d the Radne Municipa Council wh reminded the audienc about the unanimous evo al ho ce vote of the Radnevo M e Municipal Co ouncil from January 200 rejecting the project. J 04, The local leader of the Confederat e tion of Indep pendent Trad Unions in Bulgaria at de the Marits sa-Iztok Min nes, also su upported the local peop e ple: "We will back the protests. If necessary w will be am f we mong the firs ranks." st Pressure on local cam o mpaigners was applied after the pub hearings with some w a blic s local news spapers asse erting that, "I Bulgaria do not start the constru If oes t uction of the National Hazardous W H Waste Treatm ment Centre, the country will not be accepted in y a the EU." According to Zheljazko Zheljazkov fr A Z rom the villag of Pet Mogili: "Such ge propagand suggests that we are protesting against the accession of Bulgaria da e e rather than because w are afraid for the health of our fam n we d milies. The newspapers n are scarem mongering. W What's wrong with wantin to live in a non-toxic environment g ng e and to breathe clean a 32" air?

32

NGO pres release of Oc ss ctober 7, 2004, "Don't waste ou health" demo held in Sofia". ur o

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Hazardous waste ce entre in Radnevo (Bulgaria) o

Fig. 26 R Representativ of the loc initiative c ves cal committees protesting p in front of the MOEW b f building, Octo ober 7, 2004 Photo cred Za Zemiata dit: a

In the 7th o October 20 some 50 people from the affecte villages organised a of 004 0 m ed o protest in front of the Ministry of Environmen and Wate (MOEW) during the nt er session o the Supreme Ecolo of ogical Expe ert Council which reviewed the Environmental Impact Assessmen report fo r the National Hazardo nt ous Waste ge. Centre. The event rece eived good media coverag m In early 20 005, Za Zemiata took sam mples of free e-range hen eggs from Kovachevo village to b tested as part of an internationa study cond be s al ducted in 18 countries, 8 33 initiated by the IPEN.3 The study came just ahead the first Confere y y f ence of the Parties to the Stockh holm Convention on Pe ersistent Or rganic Pollutants. The Bulgarian P Parliament ra atified the Co onvention in September 2004. 2 Chicken eg were chosen for the study beca use they are a common food item, ggs e their fat co ontent makes them appro s opriate for m monitoring chemicals such as POPs that dissolv in fat, and eggs are a powerful sym ve d mbol of new life. The study focused on free-ran nge hens be ecause they can easily access and eat soil an y d nimals and therefore their eggs are good tools for biomonitoring of env vironmental contaminat tion. The results of the laboratory anal s lyses reveal ed evidence of alarming levels of e dioxins and PCB conta d amination in Kovachevo village, scoring one of the highest t levels of dioxins ever m measured in chicken egg Dioxins in eggs from Kovachevo gs. n exceeded the Europea Union lim more than twenty times. The leve of PCBs an mit n el
33

IPEN, Arnika and Za Zem miata, 2005. Con ntamination of c chicken eggs fro Kovachevo, Bulgaria by om dioxins, PC and hexach CBs hlorobenzene. (http://english.arnika.org/f files/documents s/Bulgaria_eggs sreport.pdf).

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found in th eggs was more than double the proposed EU limit. On the eve of the he s d e Easter on the 1st of M May 2005, Za Zemiata sent an invit Z s tation to the Minister of Environme and Wa ent ater, Dolores Arsenova, the Minist s , ter of Healt Slavcho th, Bogoev, and to nation al and regional media, in nviting them for an officia tasting of al dioxin-load Easter e ded eggs from Ko ovachevo. In June 20 NGOs h 005 heard from the European Commissio that the project had t on theless, the MOEW still been rejec cted and wou not recei ISPA fun uld ive nding. Nevert attempted to keep this information under cove in its officiial correspon s n er ndence with NGOs. In January 200 in response to Za Zem 06, miata's query the Bulgar y, rian Ministry of Environ nment claim med that ...t the application for fund ding through the ISPA h programme is being p processed in accordance with the rec ceived comm ments. This statement came in dire contradic ect ction with the official writt confirmat e ten tion sent by the European Commis ssion almos six months earlier tha the projec had been st s at ct dropped due to serious deficiencies in the asse s essment of p ublic health impacts.

Aftermath h CEE Bank kwatch had a meeting with officials from Europ w pean Commission's DG Environme in Bruss ent sels in October 2005 which did not yield much additional t h information on the stat or problems with the project. n tus p As a resul of the cam lt mpaign condu ucted by EJOs, and the insistence of the Stara o Zagora Re egional Gov vernor, a 'scr reening' of some 3000 children from Radnevo s m and Galab bovo was co onducted, rev vealing incre eased levels of pulmonary diseases and allergies, and two to three tim higher incidence of bronchial asthma than o mes f observed in areas whe no TPPs operate. Th screening was repeat in 2007, ere s he g ted with the same results . In consequ uence, a hea program alth mme was developed for the Stara Zagora regio including measures for decreasi ng pollution levels, and on, g improving health mo onitoring and awarenes of the local population. The ss implement tation of the programme was to be paid for m e e e mainly by St tara Zagora municipalit and the ch polluting industries (the TPPs an the coal mines). The ty hief g ( nd m poor health status in th area was also formally recognise in 2008 by Ministerial he s ed y Decree, which declare Radnevo a region with increased health risk in relation to w ed n 34 air pollutio on . Currently the project h t has been pu on stand by. The MO ut OEW has ost tensibly not undertaken any new initiative tow wards realising the NHW WC. Howeve this is a er, project tha might be re-initiated at any time. Indeed, it is included as a priority at a s a investment project in the current National Programme o Waste Management on M Activities for the perio 2007-2013, with an allocated bud f od a dget of 75 million BGN m (around 38 million Eu 8 uro), which would come from private investors or a publicw e o private partnership. Th here doesn't seem to be a fully deve eloped new proposal for p the NHWC however, the Nationa Programm mentions no incineration facility, C, al me but only landfills, so olidification, physical-che emical treat tment plant and other
34

N 822 19.12.2008 . / Decree of the Ministerial Cou . e uncil Nr. 822 fro om 19.12.200 08.

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auxiliary fa acilities. Still the plan to seek priv l, t vate rather than public funding is nt's probably a lesson lear rned from the governmen previous attempts to finance a e s o highly dubious and bad calculated project with EU public funding. dly d h f

3.5

Po olicy rec commend dations

Throughou the conflict EJOs provided the MO ut t, OEW with det tailed comme ents on the project, ask king repeatedly that the hazardous w h waste problem should be addressed m not in a ce entralised and hurried ma anner, but o nly after a comprehensiv study of c ve alternative technologie and sites In 2001 and again in 2004, Za Zemiata es s. Z complied a comprehensive list of referenced non-inciner f d ration technologies for treatment o hazardous wastes and provided it to the MOE of s d EW. CEE Ban nkwatch, in collaboratio with Bulg on garian EJOs produced an issue pa s aper addressed to EC decision-m making agencies, which proposed that an alt ternative ap pproach to hazardous waste trea atment shou be take in Bulga uld en aria one based on prevention, reuse and recycling, and non-incin , a neration met thods of trea atment and final dispos These re sal. ecommendations are sti ll applicable to Bulgaria's industrial hazardous waste. In addition, it sh hould be em mphasized that domestic hazardous waste, alth hough more difficult to capture, is g c growing in quantity with the rise in consumer electronics consumption and shou ld be properly addresse as well, n, ed focusing on the top le evels (preven ntion, reuse, recycling) of the waste hierarchy , o e stipulated in EU's Wast Framewor Directive (2 te rk 2008/98/EC) ).

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Conclusions C

4 Co clus ns onc sio


4.1 Analysis o the ca A of ases
This repor investigate shipbreak rt ed king in the world greates yard and a proposed w st hazardous waste inciinerator in Bulgaria, an s B nalysing the social, eco onomic and institutiona logics at pllay. al Economic developme ent, through economic growth a h c and globaliz zation, has considerab increased the magnitude of the global social m bly d metabolism. In the first case, the s t shipping industry repres sents the key infrastructu through y ure which mat terial flows tr ravel around the world. The increase in physical trade flows T e portional inc (Fig. 4) lea to a prop ads crease in the shipping ca apacity (the number and n size of ships; Fig. 5), w which leads sooner or later to an increase in the supply n n of ships for scrap (for A ASSBY see Fig. 9). In the sec cond case, c contrary to public perce eption, indus strial waste -in quantity terms- is around five times urb e ban waste. A fraction of industria waste is al hazardous in the sens that poses substantial or potentiall threats to public health s, se s l p and the en nvironment. In both ca ases compe eting value frameworks, languages of valuation and truth f n claims came at clash Environm h. mental and civil activists as well as business c s a interests and public authorities framed th issue a one of economic, s he as environme ental and eq quity values. In the Bulgarian case European institutions, . e under civil society pres ssure, finally decided to withdraw fun w nding and the project did e not take place. Instead at the Sup d, preme Court of India the local comm t e munities and the activis emphasiz sts zed the inju ustice of an unequal dis stribution of costs and f benefits and the dispr roportionate environment and socia damages at the local tal al scale, considering loca livelihood and ecosyste losses as incommens al a em s surable with benefits at other scalles. The bus a siness intere ests and pu ublic authorit ties instead valued mo onetary and e environmental benefits at the nationa scale, assu al uming them commensu urable with local losses and finding a positive balance. Facts apart, s, e F different la anguages of valuation clashed and the Suprem Court dec f c me cided in the favour of the language of the powerful, interpreting sustain t e nable develo opment as a positive ec conomic ben nefit at the na ational scale. Developme turned out to be the ent o dominant ideology wi th a substa antive power to signify. The Supreme Court's r decision is based on a (controversial) utilitarian reasoning r s n rather than on (Kantian) o rights and instead o recognizin value plu d, of ng uralism, the so called principle of balance is based on a trade off be s etween development and environmen that does d nt not recogn nize the inco ommensurab bility among the expresse values. It rests upon t ed the idea th economic benefits ca compensa for enviro hat c an ate onmental deg gradation. It

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Conclusions C

would be interesting t know how would the Court und to w e dertake a costbenefit analysis (C CBA) and how much wou it count a worker's life how much the loss of w uld e, livelihood a how muc the irrever and ch rsible damag done to lo ge ocal ecosyste ems. The above are not just rhetorical questions. Th show the irreducible difficulty in t hey e the call ma by econo ade omists to inte ernalize exte ernalities. Furthermore, our analysis shows that there are im t mportant reas sons why ex xternalities ar not interna re alized. The dumping (o dangerous incineration) of toxic w or s waste, rather than a mar r rket failure, can be see as a cost shifting succ en cess (Kapp, 1950) this being made possible by b p social asym mmetries in the distribut tion of politic and economic powe property cal er, rights and income (Ma artinez-Alier and O'Conn nor, 1999). Racism shou also be R uld accounted as a driving social forc for enviro g ce onmental ine equality (Pellow, 2007), both at inte ernational an national levels, where in the India context, caste plays nd e an c an importa role (lose tend to be of lower caste than winners). Sh ant ers b w hipbreaking can also be seen a an ecolo as ogically une equal excha ange because of the externaliza ation of environmentally damaging d isposal activ vities to the periphery of p the world-s system as a c consequence of exchang relations with more ind e ge w dustrialized countries ( (Hornborg, 1998). As sta ated by Rice (2009), the is an usurpation of e ere waste assimilation prop perties of ecological syst tems in a ma anner that en nlarges the domestic c carrying cap pacity of the industrializ e zed countrie to the de es etriment of peripheral societies (Rice, 2009).

4.2

So what h to be done an how? o, has e nd ?

Using the terminology proposed by Martine y ez-Alier, AS SSBY is the erefore an example of the waste disposal fro ontier of the world's soc metaboli e cial ism, where those who maintain t o the power (ship owners ship brea ( rs, akers and authorities) a manage to perpetuate a system of accumulatio by contam on mination, exercising de facto property rights. However this is not alw ways the ca ase as the story from Bulgaria sh hows. Just a in the cas with clima change, the crucial question is as se ate not only wh is to pay a who is to be paid, bu who is the owner of the sinks? ho and o ut e Whether im mprovements in ASSBY or other was s steyards of the global ec t conomy will ever becom true, are then a que me e estion of so ocial and political struggle and the ability of th hose who cu urrently loose to affirm t e their own rig ghts. This is the lesson from Bulga aria where an effective alliance betw a ween NGOs and local co ommunities managed t reverse p to power relatio ons and stop the incine p eration projec avoiding ct potential n negative imp pacts over public health and the environment. From this p h e perspective greater an effective opposition en e, nd o ncountered by ship owners and ship b breakers re egarding the shifting of environmen costs wo eir f ntal ould result in improved n sustainability, potential both loca and glob lly ally bally. Locally for the pollutants that y would not be discharge into the environment ; globally be ed e ecause an increment in the operat tions' costs for the shi ipping indus stry, might slow down the social nd metabolism (by increas m sing the costs of trade) an its multiple impacts. People who s P struggle fo environmental justice potentially contribute to the env or e y vironmental sustainability of the eco onomy (Martnez-Alier, 20 002).

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4.3

Mutual lea M arning

4.3.1 Role of the Courts


India has a 'common law' legal system and in environm n mental conflicts judicial activism, in both nation High Cou and Supreme Courts is rather co n nal urts s, ommon (i.e. Public Inte erest Litigati ons). In gen neral the Co ourts have b been quite progressive, p meaning supportive o social and environmen causes. However, as the case s of ntal a described here, the jud dges are mo and more assimilatin developmentality and ore e ng neo-liberal ideological position. Instead, in Bulgaria, w n with a civil la legal system, the situ aw uation is quite different. The annua monitoring reports pro al g oduced by the European Commission under the n Co-operation and Veri fication Mec chanism (CVM) consisten criticise Bulgaria for ntly the state of its justice system, esp o pecially with respect to th slow pace of reforms he e and ineffe ective high-le evel anti-cor rruption mea asures. Whe seized by EJOs on en environme ental issues access to information, punitive ac o ction against offenders, etc. - Bulg garian courts have syste s ematically shown a rathe conservati attitude, er ive often disca arding EJO c complaints on grounds of 'absence o legal interest', that is, o o of EJOs are frequently d dismissed fro seeking environmen om ntal justice, because by b Bulgarian administrativ code in many occasions they are n consider a legally ve m not red interested party. This w the situa was ation in the Radnevo case as well. R e

4.3.2 Different so ocial allian nces of sta akeholder rs


Building alliances is es ssential for winning an environmenta conflict. In the Indian w e al n case, fishe villagers , workers an activists have not man ers, nd naged to com together. me Fishers live scattered a along the coast and com mmunication a among and with them is w not easy. Villagers are not organiz e zed. Workers are immigr s rants form other states, o speak diffe erent langua ages and ha a differen culture. A ave nt Activists live far away in the urban centres and visit ASSBY only from time to time. O top, among all these Y On actors, the are impo tute a barrie for fruitful ere ortant caste differences which constit d w er collaboration. Efforts a being ma to organize and ally, but there is still a long are ade , s way to go also becau o, use of the pressure (sometimes als physically violent) by p so some ship pbreakers. Instead, in Bulgaria, the historic dependenc of the St n ce tara Zagora region on a employme in the co industry has led to th formation of rather strong trade ent oal h he n s unions. Considering t C the relative economic wellbeing o people em of mployed at Maritsa-Izt tok, the pros spect of open ning up a ne industrial facility, the NHWC, did ew not appea to local c al communities, as it mea more po ant ollution witho offering out benefits for the local population. T significant economic b Thus, the Stara Zagora trade unio ons express sed their su upport for th fight of the local committees, he c providing a strong ally with considerable capacity to put pressure on the state. y n Even now in 2012, th trade uni w, he ions at the Maritsa-Iztok coal mines are set to M k s strike, dem manding that employees receive increases in pa t s ayment that correspond to the annual increase in the comp pany's profits.

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Conclusions C

4.3.3 Po opular epidemiology parallel in issue of healt y, ls es th, un ncertaintie about to es oxics and manufact turing of un ncertainty by author rities
In environm mental conflicts, the sam situation is often repro me s oduced. Auth horities and enterprises assure tha contamina s at ation levels are under controlled an properly c nd monitored. On the contrary commu unities, trade unions and EJOs question official e d arguments and data, s sometimes generating the own (i.e. eggs with dioxin). The eir d Bulgarian c case is emblematic as th president of the Unite initiative committees he t ed c of the villages around the project site was a m medical doct working at the coal tor mines who had long-te personal observation of the epid o erm ns demiology of coal mine f workers. T The campaig through 'A gn Active Bankw watchers' su ucceeded in prompting the Region Governo of Stara Zagora to de nal or Z emand that surveys of the health status of ch hildren and a also adults be conducted in the region. As a result, the state d initiated he ealth screenings for child dren from Ra adnevo and Galabovo in 2005 and n 2007. Inste in India a ead authorities claim to be m onitoring reg gularly, but data are not made publi icly available e.

4.3.4 Lin to inte nks ernational aspects, both in th promot l he tion of pr rojects and in the re d esistance
Environmental conflicts often have to do with different geo s e ographic sca ales. In the case of sh hipbreaking, the main responsible of the local im f mpacts are the original t ship owners and the international institution (like IMO and EU) whic allow a l ch continued s situation of impunity. For these same reasons, also resistanc organize r e ce at the inte ernational lev vels, with NGOs like Gr reenpeace or BAN very active on o y convention negotiation (i.e. at IMO) and the S n Shipbreaking Platform, which keeps in contacts activists and researcher from differ s d rs rent countries s. In the case from Bulga e aria, EJOs we more suc ere ccessful than the Bulgarian state in n making a c convincing case before the EU instit t tutions involv ved, and this led to the s effective abandoning o the projec for lack o funding. This strategy would not of ct of T have been so useful i local sourc n if ces of fundiing for the NHWC were available. N e Local EJO Za Zemiata was in conta with and received support from in act nternational organizatio ons such as CEE Bankw watch and t the Internatio onal POPs Elimination Network.

4.3.5 To oxic waste goes to relatively poor area a gener e r as, ral ph henomeno on?
This happe in the ca of India, but for Bulga the area considered is one the ens ase aria a economic w off area of the country because o the mining activity. So it might be well of g better to talk of margina areas, rath than only of poor area al her y as.

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Key le essons from th cases he 1 Organizing 2 Research 3 Strategy Local social groups (in these cases v villagers, fishers and workers) need to self orga s n anize and might need the help o experienced activists in politic mobilization like environmentalists or trade union leaders. Key skills of a cal e have t do with involv to ving people, fac ilitating, skill-sharing and coord dination. Resea arch means und derstanding as m much as one can of the questio oned project, how public author ow rities and compa anies operate, who makes deciisions, and whe the best pres w ere ssure points are for public actio e on. Strategy is an overall map that guide the use of tac es ctics and specific actions (i.e. ci circulating petitio ons, writing letters staging a prote s, est,...) toward c clear goals. Plan nning and strate egic thinking abo what is mos likely to be out st effective can make a huge difference and help to av e, void groups was sting precious tiime, energy and money. The d steps to keep in mind include definin g: objectives, message, messe m engers, audienc resources, gaps and ce, evalua ation criteria. Comm munication strate egies goes beyo writing a pre releases an refer to how tthe campaign frames its ond ess nd public messages, and how it uses ind d dependent med social media websites, selff-produced telev dia, a, vision and radio. Environmental conflicts are fou ught largely in th court of public opinion, so th it is hard to overestimate he hat o the importance of how to communica w ate. Once social groups are organized, th should build long term alliances based on affinities (again villagers, hey d fishers and workers), but also on sho term ones for specific object s ort tives. The least formal coalition are ns networks - groups tha dont meet tog at gether but do sh hare information More formal a coalitions in which one n. are organi ization may take the lead, but w no formal membership or structure - as co e with m s oalitions get more formal they may create membership criteria, beg holding regular meetings, de gin evelop a shared budget, etc. d We refer to non-violen direct action, like mass civil disobedience, th can be a po nt d hat owerful and effective strategy where other tactics ca e ame up short. Relyin on legal strate ng egies (going to Court) can occu a lot of a ca upy ampaigns time, energy and mo oney, and shift the ma site of action to an arena we out of most campaigners ex ain n ell c xpertise and inflluence, disempo owering the base o a campaign. Nonetheless, it can be a really useful thing for a campaign to do. Even if one is likely to of N e lose a case, pursuing it can help to g press covera and build allies. Its not eas to enter into legal territory get age sy withou legal training so it makes sen to enlist groups that are fam ut nse miliar with this k kind of work. Thi could mean is a law f firm, an environ nmental law NGO or legal supp collectives. O, port Power actors in the conflict, like sh rful e hipbreakers and Indian authorit d ties, attempt to m manipulate the terms of the conflic in their favour by concentratin on a single is ct r ng ssue (i.e. labour safety, but nott environmental impacts), r divide the opposition (workers versus environmentalists) and frame the issue only at one scale like the s national. More in gene they attemp to simplify the complexity to come out with p eral pt e proposals which favour them h and m make invisible the opposition cla e aims. Therefore the opposition should give visiibility to the com mplexity and articulate coherently claims which are multidimensio c e onal (social, env vironmental and economics) an multi-scale nd (local, national and global). Target ting the financin that supports controversial projects can in certain situations be extremely effective for ng s p c s achiev ving significant improvements in the project de n esign and implem mentation, or in preventing its realisation r altoge ether. In the Rad dnevo case, the most effective campaign move taken by NGO was keeping the constant e e Os fire by maintaining ac y ctive correspond dence with the in nstitutions who had the authoritty to finance the project the e European Commissio and the EIB. Numerous lette were sent to the EC and EIB pointing out the serious on ers B, issues related to the project's design , environmental and health imp s p pacts, financial v viability and com mpromised public consultation process, and calliing for higher en nvironmental requirements to b applied in solving the be hazard dous waste prob blem of Bulgaria As a result, th project was stopped twice p a. he s precisely becaus it was se refuse funding by the ISPA program ed e mme of the EU, based on the ap ppraisal of EC e experts.

4 Communicati ion

5 Alliances

6 Direct action 7 Legal strateg gies

8 Multiple issue es and scale

9 Shareholder and financier stra ategies

Table 6 Key lessons from the ca ases Source: Ad dapted from th report 'Beat he ting Goliath' (2 2011) by the Democracy Ce D enter (pp. 28-4 43). More reso ources for each strate can be fou in the original documen Available at http://democr egy und nt. t racyctr.org/cor rporate/resources-foraction-2/38 876-2/

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Acknow wledgments

A knowle gm nts Ack edgmen


Federico D Demaria (ICT UAB), au TA uthor of the case study of India, th hanks Joan Martinez-A Alier, Gopal K Krishna, Gior rgios Kallis, G Giacomo D'A Alisa, Giusep Munda, ppe Ignasi Puig Ventosa, John O'Neill, Julien F. Gerber, Ch g hristos Zogra afos, Leah Temper, B Beatriz Rodriguez Labajo Begum O os, Ozkaynak, Venny Krishn Richard V na, Christian, D D&D and all the interview wees. Evgenia Ta asheva and Ivaylo Hleb barov, autho of the ca ors ase study on Bulgaria, n thank Anel Stefanova Maria Ma lia a, atorova, Petk Kovachev Dr. Vulev, G. Binev, ko v, , the membe of the lo ers ocal initiative committee of Kovac es chevo, Novoselets, Pet Mogili Rad detski, Mleka arevo, Polsk Gradets, Prof. Joan Martinez-Alier, Beatriz ki Rodriguez Labajos, Federico Dem maria and a activists who took part in the all p campaign.

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