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Jim Puckett, 206.652-5555, jpuckett@ban.org
The
worst fears of environmentalists and human rights acitvists have been
confirmed as it has been discovered this month that an aging American
ocean liner, the SS Oceanic (formerly SS Independence),
one believed to contain significant quantities of asbestos and toxic
PCB chemicals in its structure, has now arrived at the infamous Alang,
India shipbreaking yards [1] with a new name - Platinum II.
The ship will be scrapped in contravention of US and international law
unless government action on the part of US or Indian authorities is
taken as a matter of urgency.
The Oceanic
made headlines in 2008 when its former owners, Global Shipping LLC
(GSL) and Global Marketing Systems Inc. (GMS) (both of Maryland and
part of the Mr. Anil Sharma family's shipbreaking, cashbuying and
brokerage interests), were charged by the US government with illegal
export of PCBs for disposal and use in commerce under the Toxics
Substances Control Act (TSCA)[2]. The EPA acted after the Basel
Action Network (BAN) warned that the ship was likely to be carrying
PCBs and was known to be headed for the scrapping beaches of South
Asia. To avoid a court case to contest this charge, the former owners
paid over one half million dollars as a settlement[3]. After EPA
pressed charges, the owners denied that the ship was going to be sent
for breaking on the beaches of South Asia as the EPA and environmental
groups feared and instead claimed it was to be reused as a ship by its
new owners.
"US
law exists to protect other countries from the scourge of toxic PCBs,
and yet we continually fail to diligently enforce these laws," said Mr. Jim Puckett, Executive Director of BAN, a member organization of the global NGO Platform on Shipbreaking. "It
is clear now that the government made a terrible mistake in letting
this ship sail away. It is now incumbent on the administration to do
everything in its power to require India to repatriate the ship for
proper toxic waste management as the law requires."
Meanwhile,
BAN has learned that the Maritime Administration (MARAD) aided and
abetted the escape of the ship to a foreign jurisdiction by approving
the sale of the vessel to a foreign buyer while the EPA was
taking legal action against the owners. MARAD sent a letter to GSL in
June 2008 offering support for the foreign transfer of the ship to
Platinum Investment Services Corp. based in Monrovia, Liberia.
Platinum Investment Services appears to be a "mailbox company:" under
Liberian law, a company may register without publicly revealing an
address, any principle owners, board members or spokespersons of any
kind. The company has no office, no website and has no known history
of ship operations. It is likely that MARAD's authorization of the
sale of the ship hampered the EPA's own legal efforts to demand the
ship be returned for proper testing and remediation.
In
India, the ship's arrival violates the Basel Convention to which India
is a Party. Under that United Nations Environment Program (UNEP)
treaty, India is not allowed to receive hazardous waste from the United
States. Nor can it receive hazardous waste from any foreign source
without prior notification of arrival and consent from the Indian
government. No such notification or consent was provided in advance of
the sudden arrival of the toxic ship. Further, the ship's arrival
violated the Supreme Court of India's order of 14th October 2003 and
6th September 2007, which calls for the pre-cleaning of ships of all
toxic substances prior to importation.
The incident is reminiscent of the infamous export of the French Aircraft Carrier Le Clemenceau,
which in 2006 was exported to India for breaking from France. French
courts finally realized the export was a violation of the Basel
Convention and demanded the return of the ship.
"The
Oceanic's arrival off the Gujarat beaches makes India an international
crime scene, with the Maritime Administration abetting such crimes," said Mr. Puckett. "The
last time something like this happened, the authorities of the
exporting country called the ship back and took responsibility. We
are calling on the authorities of India and the US to do nothing less."
The Platinum II
now rests at anchorage off Gopnath point approximately 40 nautical
miles from the Alang coast while Indian state authorities decide her
fate. GMS denies any ownership of the vessel or of the mystery firm
Platinum Investment Services Corp. However, the vessel is slated for
breaking at the Leela Ship Recycling plot in Alang, which is owned by
Komal Sharma, brother to Anil Sharma, owner of GMS.
For more information contact:
Mr. Jim Puckett of Basel Action Network, 206.652-5555, jpuckett@ban.org
[1]
Ship-breaking on Alang Beach is well known for its occupational hazards
as workers in the scrapping operations are exposed daily to deadly
hazards such as asbestos, PCBs, toxic paints, and residual fuels. Death
by fire, steel crushing, and cancer are all too common. The Gujarat
Maritime Board (GMB) acknowledges 372 reported deaths from 1983 to 2004
at Alang, however Greenpeace and the International Federation of Human
Rights suggest actual death rates are more than twice that at 50-60
deaths per year. See: https://bellaciao.org/en/spip.php?article19169 and https://www.indianexpress.com/news/fatal-accidents-continue-to-haunt-alang-shipbreaking-yard/476111/0
[2] In February 2008, the SS Oceanic
quietly departed from San Francisco Bay under tow and in breach of the
U.S. Toxic Substances Control Act (TSCA). In January 2009, nearly one
full year after its illegal departure, the EPA settled with owners,
Global Shipping LLC (GSL) and Global Marketing Systems, Inc. (GMS), for
illegal export of polychlorinated biphenyls (PCBs), which exist within
the construction of the vessel. GMS and GSL were ordered to pay
$518,500 in U.S. court as part of the settlement.
[3] See copy of settlement: https://www.ban.org/Library/Global_CAFO.pdf
Basel Action Network's mission is to champion global environmental health and justice by ending toxic trade, catalyzing a toxics-free future, and campaigning for everyone's right to a clean environment.
“I believe the EU will find it extraordinarily difficult to ever be a union in any sense again when some of its strongest members are deciding to stay silent in watching emaciated," said Irish President Michael Higgins.
Irish President Michael Higgins on Tuesday shamed fellow European nations for their inaction in ending the conflict in Gaza.
As reported by Turkish news website AA, Higgins pointed to the finding by the United Nations' (UN) commission of inquiry that Israel is committing genocide in Gaza to argue that the world needed to do more to end the carnage.
Specifically, Higgins argued that Israel and any nations that supply it with arms should be expelled from the UN. He also had harsh words for European Union (EU) nations whom he accused of looking the other way in the face of mass atrocities.
"I believe the EU will find it extraordinarily difficult to ever be a union in any sense again when some of its strongest members are deciding to stay silent in watching emaciated children in what is a human, manmade, really atrocious infliction on people," he said.
Higgins also highlighted some particularly gruesome findings from the commission's report to push for the EU to take action to "stop this carnage" and the "slaughter of civilians."
"That report says 90% of all housing has been destroyed, education facilities have been destroyed, and healthcare facilities and fertility facilities are being destroyed—in other words, you're attacking birth," he said.
The UN commission's report concluded that Israel had committed four distinct kinds of "genocidal acts," as defined by the 1948 Genocide Convention: Killing members of a group, causing serious bodily or mental harm to a group, deliberately inflicting conditions aimed at bringing about a group's destruction, and imposing measures intended to prevent births within a group.
The only genocidal act that Israel has not yet committed, the report said, was forcibly transferring children of a group to a different group.
Navi Pillay, the commission chair and former UN high commissioner for human rights, said that report shows Israel has shown "an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention."
"It is critical that governments and companies turn the tide to uphold defenders’ rights and protect them rather than persecute them," said the lead author of the new Global Witness report.
At least 142 people were killed and four were confirmed missing last year for "bravely speaking out or taking action to defend their rights to land and a clean, healthy, and sustainable environment," according to an annual Global Witness report published Wednesday.
"Year after year, land and environmental defenders—those protecting our forests, rivers, and lands across the world—continue to be met with unspeakable violence," said Laura Furones, the report's lead author, in a statement. "They are being hunted, harassed, and killed—not for breaking laws, but for defending life itself."
"Standing up to injustice should never be a death sentence," Furones declared. "It is critical that governments and companies turn the tide to uphold defenders' rights and protect them rather than persecute them. We desperately need defenders to keep our planet safe. If we turn our backs on them, we forfeit our future."
The report, Roots of Resistance, begins by listing the activists who were murdered or disappeared for six months or more in 2024. It also says: "We acknowledge that the names of many defenders who were killed or disappeared last year may be missing, and we may never know how many more gave their lives to protect our planet. We honor their work too."
The most dangerous country for environmental defenders, by far, was Colombia, with 48 deaths. Jani Silva, a defender there living under state protection, said that "as this report shows, the vast majority of defenders under attack are not defenders by choice—including myself. We are defenders because our homes, land, communities, and lives are under threat. So much more must be done to ensure communities have rights and that those who stand up for them are protected."
Colombia was followed by Guatemala (20), Mexico (18), Brazil (12), the Philippines (7), Honduras (5), Indonesia (5), Nicaragua (4), Peru (4), the Democratic Republic of Congo (4), Ecuador (3), and Liberia (3). There was one confirmed killing each in Russia, India, Venezuela, Argentina, Madagascar, Turkey, Cameroon, Cambodia, and the Dominican Republic. The four disappearances were in Chile, Honduras, Mexico, and the Philippines.
"This brings the total figure to 2,253 since we started reporting on attacks in 2012. This appalling statistic illustrates the persistent nature of violence against defenders," the report states. It stresses that while the new figure is lower than the 196 cases in 2023, "this does not indicate that the situation for defenders is improving."
The report notes that "120 (82%) of all the cases we documented in 2024 took place in Latin America," while 16 killings occurred in Asia and nine were in Africa. It emphasizes that "underreporting remains an issue globally, particularly across Asia and Africa. Obstacles to verify suspected violations also present a problem, particularly documenting cases in active conflict zones."
A third of all land and environmental defenders killed or disappeared last year were Indigenous. The deadliest industry was mining and extractives, at 29, followed by logging (8), agribusiness (4), roads and infrastructure (2), hydropower (1), and poaching.
In addition to detailing who was killed or disappeared, what they fought for, and how "the current system is failing defenders," the report offers recommendations for "how states and businesses can better protect defenders."
Currently, said Global Witness project lead Rachel Cox, "states across the world are weaponizing their legal systems to silence those speaking out in defense of our planet."
"Amid rampant resource use, escalating environmental pressure, and a rapidly closing window to limit warming to 1.5°C, they are treating land and environmental defenders like they are a major inconvenience instead of canaries in a coal mine about to explode," she continued.
"Meanwhile, governments are failing to hold those responsible for defender attacks to account—spurring the cycle of killings with little consequence," she added. "World leaders must acknowledge the role they must play in ending this once and for all."
The recommendation section specifically points to the upcoming United Nations climate summit, COP30, in Belém, Brazil, "a city amid one of the world's most biodiverse regions—and one of the most dangerous countries to be a land and the environment defender."
"The protection and meaningful participation of land and environmental defenders at COP30 and beyond is an essential element of the fight against climate change," the document says. "It must become a core principle of the Parties to the UN Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity process."
"This isn’t about left or right," said the group behind the survey. "It’s about protecting our democracy’s foundation: Congress makes the laws. The president enforces them."
Amid US President Donald Trump's authoritarian policies and practices, Americans are increasingly worried that too much power is concentrated in the White House, polling published Wednesday revealed.
YouGov surveyed 1,070 registered US voters on behalf of the campaign finance reform nonprofit Issue One and found that they "overwhelmingly support our constitutional system of checks and balances."
Fifty-six percent of those surveyed said the US political system is "too centralized," more than twice as many respondents who said it isn't centralized enough. Among Democrats, two-thirds agreed that political power is too centralized in the US, while 47% of Republicans and 56% of Independents agreed.
At least two-thirds of respondents of every political affiliation agreed that specific checks and balances—including congressional oversight (78%), Congress' power of the purse (68%), and judicial review (70%)—strengthen democracy.
Respondents were also asked whether they believe the president should be allowed to cross certain "red lines":
Asked if Trump "is going too far," 59% of overall respondents said yes, including 95% of Democrats, 79% of Independents, and 21% of Republicans.
“Americans want a Congress that will stand up to the president when they go too far—that’s the whole point of checks and balances,” Issue One founder and CEO Nick Penniman said in a statement.
“Our Constitution was designed to prevent any one president from acting like a king," Penniman continued. "But if our country keeps heading down this path, power will keep concentrating in the White House—and a representative government that is by and for the American people will be replaced with a government that only serves the president and those connected to him."
“Congress needs to step up and do its job," he added. "Upholding the Constitution is not about right versus left—it is about being on the right or wrong side of history.”
In an effort to "restore checks and balances" and "defend the Constitution," Issue One is launching a We The People Playbook, "a set of bipartisan policies rooted in Article I of the Constitution, designed to protect our freedoms, hold presidents accountable, and restore the balance of power."
The new poll and playbook are part of Issue One's Check the Exec campaign, which is fighting for the "restoration of critical checks and balances."
"This isn’t about left or right," says Issue One on the campaign's website. "It’s about protecting our democracy’s foundation: Congress makes the laws. The president enforces them."