Stage set for inclusion of chrysotile asbestos in UN list of
hazardous substances
Canada removes life support
system from its asbestos mining industry, India’s supplier
Asbestos-related diseases cause of imminent predictable catastrophe
of death
Utkal Asbestos Company’s case
against Bihar Govt to be heard on April 4
New Delhi: Banned in over 50
countries, chrysotile asbestos (white asbestos) is all set be included to the
UN list of hazardous substances under Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade at the upcoming sixth meeting of the Conference of the
Parties to the Rotterdam Convention during April 28 -May 10, 2013. The Chemical
Review Committee of the Convention had recommended the listing of white
asbestos on the grounds of findings of World Health Organisation (WHO) that
asbestos was a hazardous substance harmful to human health and environment
which cannot be used safely in a controlled manner.
In a significant development,
asbestos industry in Canada has been buried with the announcement in last
week's Canada's federal budget. In the Canadian budget papers at page 241,
headline reads: "Supporting the Economic Transition of Communities Economically
Linked to the Chrysotile Asbestos Industry" in the Chapter 3.5 titled: Supporting
Families and Communities. By 2010 Canada hardly any customers, its biggest
customer is India with $41 million. India being the biggest customer of
Canadian asbestos, will have to take steps to look for alternatives of asbestos
and have to take steps to support workers, families and communities who have
been adversely impacted by asbestos exposure without any legal or medical
remedy.
The value of Canada’s raw
asbestos exports has dropped 94 per cent between 1990 and 2011. Exports alone
were worth $645-million in 1990 and fell to $41-million in 2011. The
government’s promised $50-million over seven years represents about 8 per cent
of what asbestos exports were in 1990. The relevant text of the Canadian Budget
Plan is available at
http://www.budget.gc.ca/2013/doc/plan/chap3-5-eng.html
Canada was one of the key
suppliers of chrysotile asbestos which opposed its inclusion in the PIC list of
hazardous substances. The purpose of the prior informed consent (PIC) procedure
is to allow countries to make their own informed decisions on future imports of
hazardous substances. The chemicals listed in Annex III of the Convention
include pesticides and industrial chemicals that have been banned or severely
restricted for health or environmental reasons by two or more Parties and which
the Conference of the Parties has decided to subject to the PIC procedure.
Canada barely uses asbestos in
its own country for several years. It has been spending millions to remove
asbestos from the Parliament Buildings. Despite knowing the cancer causing
nature of asbestos, Canada continues to ship some 150,000 tonnes of it to countries
like India each year.
The listing of white asbestos is likely to happen after India announced its
position on June 22, 2011 the third day of the 5th Conference of Parties (COP)
of the Rotterdam Convention in Geneva amidst standing ovation at the plenary
meeting. India was applauded for changing its stance on the issue. Listing of
chrysotile asbestos in Annex III of the Rotterdam Convention or the Prior
Informed Consent (PIC) list will mandate the exporting countries to share
information on the hazards of the mineral with the importing countries. It may
be noted that India is the chair for a smaller group to discuss and influence
the position of Ukraine, Kazakhstan, Vietnam and other countries opposing the
listing. The change in Indian position is attributed to recommendations of WHO,
International Labour Organisation (ILO) and the National Human Rights
Commission (NHRC) besides the fact that asbestos mining and trade in asbestos
waste (dust and fibers) is technically banned in India.
In November 2011, the last of the
asbestos mines in Canada stopped operating. After that the Parti Québécois, the
current ruling party won the election in Quebec and Premier Pauline Marois
pledged to pull the plug on a proposal by Liberal Premier Jean Charest to loan the
asbestos industry $58 million. This guides the way for complete ban asbestos in
all its forms.
Canada’s Economic Action Plan
2013 further reads: "Due to the decline of the industry, these communities
are now exploring ways to diversify their local economies and create new jobs.
Confirming the commitment made by the government in September 2012, Economic
Action Plan 2013 proposes to provide $50 million over seven years to Canada
Economic Development for Quebec regions to support economic diversification efforts
in the communities of Thetford Mines and Asbestos." This money was first
promised in September 2012. It was announced by Christian Paradis, the
country's industry minister, who also represents Thetford Mines and Asbestos in
Parliament and was born in Thetford Mines.
In the Union Ministry of Labour
and Employment dated January 23, 2012 has constituted a 13 member Advisory
Committee to deal with ‘ILO guidelines’ and ‘fresh resolution passed by ILO”.
The International Labour Organization (ILO) passed a resolution in June 2006.
The Ministry is acting in compliance with the Supreme Court
orders dated January 27, 1995 and January 21, 2011 in the Writ Petition
(Civil) N. 206 of 1986 and Writ Petition (Civil) No. 260 of 2004. The ILO
has also made certain specific directions vide its Resolution of 2006
introducing a ban on all mining, manufacture, recycling and use of all forms of
asbestos.
Union Ministry of Labour should have revealed that that the “Government of
India is considering the ban on use of chrysotile asbestos in India to protect
the workers and the general population against primary and secondary exposure
to Chrysotile form of Asbestos" at page no. 28 of its concept paper at the
two-day 5th India-EU Joint Seminar on “Occupational Safety and Health” during
19-20 September, 2011.
At the Ninth International Asbestos Disease Awareness (ADAO) Conference during
March 22-24, 2013 in Washington, DC, Dr. Arthur L. Frank, chairman of
environmental and occupational health at Drexel University in Philadelphia
expressed concern India’s current unchecked dependence on chrysotile asbestos
reflecting on multiple expert studies projecting a spike in mesothelioma and
other asbestos-related diseases in Asia by 2030. Dr Frank who is a visiting
professor at Maulana Azad Medical College, New Delhi as well said, “What we can
expect is very predictable—an absolute catastrophe of death and disease and it is
“all preventable.”
It is relevant to recollect a
reply dated March 4, 2003 to a query (file: AD 3040-02-95/MD) under Canadian
Access to Information Act revealed the correspondence through an email dated
May 2, 2002 from Martin Barratt, the third Commercial Secretary at the Canadian
High Commission in India, to officials in Canada. The email reads: “I met with
Brigadier Sethi of the Asbestos Information Centre (AIC) on May 1, 2002.” The
email further reads: “Brigadier Sethi advised me of a much more serious and
potentially damaging issue. Some NGOs in West Bengal have filed a claim in the
High Court, Kolkata asking the Court to issue an injunction against the use of
Asbestos… It is entirely possible that the High Court could issue the
injunction and stop the use of asbestos. Eventually the matter would reach the
Supreme Court but there is no predicting the outcome….” Martin Barratt, the
Canadian official advised Brigadier Sethi saying, “I think that it may be
necessary at some point to prepare an advocacy campaign to counter the
arguments of the NGOs.” Martin Barratt, Second Secretary (Commercial), Canadian
High Commission in India says, “AIC is of the belief that problems with safe
use of asbestos will arise in the unorganised sector. These include small
manufacturers who cannot afford to either install the equipment necessary to
safely use asbestos or invest in the health needs of their workers.” AIC
accepts that “unorganised sector does use imported products that they acquire
through agents.” He added, “A ruling which states that subjecting a worker to
asbestos is a violation of human rights could have far reaching consequences
whether or not it is binding.” This information was sent by Jean Bolais,
Coordinator, Access to Information and Privacy, Natural Resources Canada to Ken
Rubin of Ottawa, Ontario.
It is clear that Canada, one of
the supplier largest suppliers of chrysotile asbestos was quite concerned about
an order or verdict in India.
The following chemicals are to be
considered by the Conference of the Parties at its sixth meeting (COP-6) for
listing in Annex III to the Rotterdam Convention: Azinphos-methyl; Chrysotile
asbestos; Perfluorooctane sulfonic acid, perfluorooctanesulfonates,
perfluorooctanesulfonamides and perfluorooctanesulfonyls; Pentabromodiphenyl
ether (CAS No. 32534-81-9) and pentabromodiphenyl ether commercial mixtures;
Octabromodiphenyl ether commercial mixtures; liquid formulations (emulsifiable
concentrate and soluble concentrate) containing paraquat dichloride at or above
276 g/L, corresponding to paraquat ion at or above 200 g/L.
In a related development a case
filed by Utkal Asbestos Company on March 4, 2013 in the Patna High Court
complaining that local people of Vaishali have ransacked the premises of the
proposed asbestos factory wherein first information reports (FIRs) have been
instituted, but no action is being taken by the authorities in respect of
incidents and against the accused named therein. Justice Jayanandan Singh
passed an order on March 22, 2013. The March 22 order reads: “This Court
considers it appropriate to hear the District Magistrate, Vaishali, at Hajipur
and Superintendent of Police, Vaishali at Hajipur personally before proceeding
further in the matter. Let the District Magistrate, Vaishali and the
Superintendent of Police, Vaishali at Hajipur be personally present in Court on
4th of April, 2013” for orders.
There are a total of 43 chemicals
listed in Annex III, 32 are pesticides (including 4 severely hazardous
pesticide formulations) and 11 industrial chemicals. They are: Alachlor,
Aldicarb, Aldrin, Binapacryl, Captafol, Chlordane, Chlordimeform,
Chlorobenzilate, DDT, Dieldrin, Dinitro-ortho-cresol (DNOC) and its salts (such
as ammonium salt, potassium salt and sodium salt), Dinoseb and its salts and
esters, EDB (1,2-dibromoethane), Endosulfan, Ethylene dichloride, Ethylene
oxide, Fluoroacetamide, HCH (mixed isomers),
Heptachlor, Hexachlorobenzene, Lindane
(gamma-HCH), Mercury compounds, including inorganic mercury compounds, alkyl
mercury compounds and alkyloxyalkyl and aryl mercury compounds,
Monocrotophos, Parathion,
Pentachlorophenol and its salts and esters, Toxaphene (Camphechlor), Tributyl tin compounds,
Dustable powder formulations containing a combination of benomyl at or above
7%, carbofuran at or above 10% and thiram at or above 15%, Methamidophos (Soluble liquid
formulations of the substance that exceed 600 g active ingredient/l),
Methyl-parathion (Emulsifiable concentrates (EC) at or above 19.5% active
ingredient and dusts at or above 1.5% active ingredient), Phosphamidon (Soluble
liquid formulations of the substance that exceed 1000 g active ingredient/l),
Actinolite asbestos, Anthophyllite, Amosite asbestos, Crocidolite, Tremolite,
Polybrominated Biphenyls (PBBs), Polychlorinated Biphenyls (PCBs),
Polychlorinated Terphenyls (PCTs), Tetraethyl lead, Tetramethyl lead and Tris (2,3 dibromopropyl) phosphate.
It is noteworthy that all forms
asbestos except chrysotile asbestos is already in the UN list. It is hoped that
the listing of chrysotile asbestos will pave the way for its eventual ban as
per the recommendations of WHO and ILO.
For Details: Gopal
Krishna, ToxicsWatch Alliance (TWA), Mb: 9818089660 (Delhi)
Ajit Kr Singh, Convener, Khet
Bachao Jeevan Bachao Jan Sangharsh Committee (KBJBJC), Vaishali, Mb:
09931669311, E-mail:
ajeetsinghpushkar@gmail.com
Ravindra Prasad Singh, Khet
Bachao Jeevan Bachao Jan Sangharsh Committee (KBJBJC), Vaishali, Mb: 8986980751
Naresh, OFA is counting on you.
