UN
Meet on hazardous substances concludes on May 15
Making
India rife with asbestos related diseases, a sad legacy for Make in India slogan
Indian
opposition to listing of white chrysotile asbestos in UN hazardous substances
list would be contrary to its domestic laws and regulations
Opposition
to listing of white chrysotile asbestos in UN hazardous substances list
untenable, unscientific, unsound, unsustainable, unacceptable and unpardonable
May
14, 2015: ToxicsWatch Alliance (TWA) appeals to the Prime Minister Narendra
Modi to ensure that Indian government officials do not get subordinated by
representatives of Asbestos Cement Product Manufacturers Association (ACPMA), a
cartel of some 18 companies and its international allies for the fifth time at
the Seventh Conference of UN’s Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (CoP-7) in deciding to get white chrysotile asbestos listed
under UN list of hazardous substances. Contrary to the misinformation campaign
and propaganda war unleashed by asbestos producing countries like Russia and
Kazakhstan, mere listing of white asbestos chrysotile does not constitute a
trade ban. Indian delegation should be directed to act with the knowledge that
listing it under the Convention does not constitute a trade ban on white
chrysotile asbestos.
Under
the influence of white chrysotile asbestos producing countries like Russia, if
India opposes listing of white chrysotile asbestos in UN list would be in
blatant violation of its domestic laws and regulations like Factories Act,
1948. In short, if Government of India takes such position, it will be deemed
untenable, unscientific, unsound, unsustainable, unacceptable and unpardonable
for all times to come among the comity of nations and amidst own people. Indian
delegation should pay heed to the resolutions and recommendations of World
Health Organization (WHO) and the International Labour Organization (ILO)
instead of allowing itself to be hijacked by accompanying members of ACPMA. It
will be a shame if the Indian delegation betrays the cause of public health and
national interest to safeguard the interest of the ACPMA.
Indian
delegation should re-adopt its 2011 position on white chrysotile asbestos when
Mira Mehrshi led the Indian delegation and resisted the influence and presence
of asbestos industry lobby amidst standing ovation. It is hoped that Shashi
Shekhar, the head of Hazardous Substances Management Division, MoEF, Government
of India will restore India's prestige by re-adopting a scientifically and
legally defensible position. Shashi
Shekhar who also heads the Central Pollution Control Board (CPCB)’s INVENTORY
OF HAZARDOUS CHEMICALS IMPORT IN INDIA prepared by CPCB, under Union Ministry
of Environment & Forests, Government of India that lists 'asbestos' at
serial no. 26 as one of the 180 hazardous chemicals in international trade
which is imported in India.
Under
Factories Act, 1948, the List of 29 industries involving hazardous processes is
given under Section 2 (cb), Schedule First, asbestos is mentioned at serial no.
24. The Act defines "hazardous process" as "any process or
activity in relation to an industry specified in the First Schedule where,
unless special care is taken, raw materials used therein or the intermediate or
finished products, bye-products, wastes or effluents thereof would--(i) cause
material impairment to the health of the persons engaged in or connected
therewith, or (ii) result in the pollution of the general environment".
This leaves no doubt that asbestos is a hazardous substance.
The
Act is available at:
http://labour.nic.in/upload/uploadfiles/files/ActsandRules/Service_and_Employment/The%20Factories%20Act,%201948.pdf
A
letter of B N Mehta, the then Chief Inspector of Factories, Gujarat State dated
December 24th, 2002 submitted in the Hon'ble Supreme Court categorically
reveals that two workers of Gujarat Composites Ltd were confirmed for
Asbestosis, an incurable lung disease by National Institute of Occupational
Health (NIOH), Ahmedabad. The workers were (1) Shri Hazarilal Manraj and (2)
Shri Sahejram B Yadav. The letter recommended compensation of Rs 1 lakh as per
the Hon'ble Court's order but till date the same has not been given. This
establishes the hazardous nature of asbestos. The letter is available at https://twitter.com/krishna1715/status/503824823747751936
It
must be recalled that on June 22, 2011 Indian delegation led by Ms. Mira
Mehrishi, Additional Secretary, had supported the listing ofChrysotile asbestos
as a hazardous chemical substance at the fifth conference on Rotterdam
Convention (COP-5) amidst standing ovation. Not surprisingly, Mira Mehrishi’s
reputation remains impeccable with unblemished track record.
For
a government which has adopted the slogan of “Make in India”, endorsement of
asbestos like products would be a glaring taint because it ends up making India
with the blood money of white chrysotile asbestos manufacturers. It will
tarnish its image by end up making India rife with asbestos related diseases, a
sad legacy for slogan Make in India.
It
tantamounts to sacrificing public health in order to support the ideology of
naked lust for profit espoused by unscrupulous white chrysotile asbestos
companies at any human cost. In effect, India would be seen taking an
irrational position arguing that it does not wish to be informed about the
hazardous nature of substances it imports and does not wish to inform about it
to the countries which export asbestos based goods from India. This also means
that India is becoming complicit in the violation of human rights by knowingly
doing business in hazardous substances like white chrysotile asbestos as per
its own law.
It
is hoped even at this late stage that India will disassociate itself from the
influence of white chrysotile asbestos producing companies and countries after
examining the finding of the Contact Group set up by the President of the
Conference of the Parties to achieve a consensus to list while chrysotile
asbestos in the UN’s Prior Informed Consent (PIC) list-Annex III of the
Rotterdam Convention. Chemical Review Committee (CRC) of the Convention has
recommended its listing in view of compelling scientific and medical evidence.
It
is noteworthy that when the attached joint letter dated May 3, 2015 was sent to
Prakash Javdekar, Union Minister of Environment, Forests & Climate Change
and Ananth Kumar, Union Minister of Chemicals and Fertilizers, the former
responded with alacrity and put his acknowledgement of reasons for
disassociating with asbestos producing countries like Russia on record. The
fact remains Union Minister of Chemicals and Fertilizers did not respond
although Ministry of Chemicals and Fertilizers is the Focal Point for Rotterdam
Convention. It is also a fact that Indian delegation was misled in 2013 by an
irrelevant and conflict of interest ridden note of this very Ministry. Notably,
Indian delegation was joined by supporters of asbestos industry in 2013. It is
quite apparent that the industry representatives overwhelmed the government
representatives who were made to take position against human health and the
environment and to put profit of the asbestos industry before gnawing public
health concerns.
When
ToxicsWatch Alliance (TWA) had confronted MoEF with domestic laws in 2013, the
officials from MoEF expressed helplessness as they were bound by the attached
note of the Ministry of Chemicals and Fertilizers. Hopefully, the structural
compulsions of inter-ministerial coordination will be overcome this time to
outwit the designs of ACPMA to subjugate the Indian delegation to its whims in
fancies.
Notably,
India's National Human Rights Commission is deeply concerned about the issue
and is seized with case dealing with deaths and diseases caused by exposure
asbestos fibers.
Indian
history remembers such examples of notorious, timid, weak, pliable, gullible
and docile individuals with unfailing memory.
It’s a conflict between truth and profit. A poison is a poison. A hazardous substance
will remain a hazardous substance irrespective the outcome of the UN meeting
that concludes on May 15, 2015 but the Indian delegation will stand exposed for
compromising India’s stature and its scientific reputation.
White
chrysotile asbestos is banned in over 50 countries because it’s safe and
controlled use is impossible. In countries like India there is almost no health
infrastructure to even diagnose the incurable diseases caused by exposure to
its fibers. There is lack of lab facilities which can detect its presence in
buildings and products in a situation where there is not a single building
India which can claim to be asbestos free. It’s listing in the UN list merely a
preliminary preventive step.
For
Details: Gopal Krishna, Ban Asbestos Network of India-ToxicsWatch Alliance
(TWA), Mb: 08227816731, 09818089660, E-mail-1715krishna@gmail.com, Web:
www.toxicswatch.org
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