Subject: Security Concerns from ongoing Dumping of Dead Ships at Alang Beach, Bhavnagar, Gujarat
From: Gopal Krishna Fri, 18 May '12 9:08p
To: cabinetsy@nic.in and others
To
Dr Manmohan Singh
Cabinet Committee on Security (CCS)
Government of India
New Delhi
Date: 18/5/2012
Through Shri Ajit Kumar Seth, Cabinet Secretary, Government of India
Subject- Security Concerns from ongoing Dumping of Dead Ships at Alang Beach, Bhavnagar, Gujarat
Sir,
Pursuant to my letter dated April 2, 2012 to Union
Shipping Minister, I wish to draw your urgent attention in the matter of
security concerns from ongoing dumping of dead ships at Alang beach,
Bhavnagar, Gujarat that compromises maritime, environmental and national
security of the country. The letter was written seeking action to stop
the entry of dead US vessel, MV Oriental N (formerly Exxon Valdez,
Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R
Mediterranean, Mediterranean, and Dong Fang Ocean).
I submit that so far 5924 dead- ships have been dumped at the Alang
beach unmindful of the security concerns expressed officially at least
since 2004.
I submit that Income tax raids on 3 Bhavnagar-based
ship-breaking firms and their associates have unearthed black money in
the form unaccounted for income to the tune of Rs 27 crore. A team of
more than 200 officials on February 17, 2012 did search-and-survey
operations on 40 premises in Ahmedabad, Bhavnagar, Mumbai and Pune. In
2010, Directorate General of Central Excise Intelligence (DGCEI) had
searched 18 premises of 11 ship-breaking companies in Alang. The DGCEI
did make an attempt in 2010 to regulate ship breaking activity but
seemed to have come under the influence of the unprecedented strike by
the industrialists of the ship breaking business.
I submit that a 2004 report of the Directorate of Naval
Intelligence, Union Ministry of Defence records:"some ships arriving at
the breaking yards...may be involved in nefarious activities". It noted
that a large number of cash buyers are Pakistani nationals based in
London and the UAE. "Due to large profit margins, the Dawood group
appears to have invested heavily in cash buyers thus having a stake in
most deals”. It was recorded in a letter of the Standing Monitoring
Committee on Ship breaking, Union Ministry of Environment & Forests
in May 2011 that the Gujarat Maritime Board (GMB) and Customs were
unable to verify the records of some of the ships. It was suggested that
the DG shipping be authorized to first verify records before the ships
are allowed to dock at the Alang yards. But the GMB officials said this
would be acceptable to them only if the DG shipping was able to carry
out such verification within 48 hours or it would presume that the
records provided by the ship are authentic. This matter has not been
resolved as yet.
I submit that I am an applicant in the Supreme Court in the hazardous wastes/ship breaking case.
I
submit that the Minutes of the Supreme Court constituted
Inter-ministerial committee (IMC) and a sensitive document of Union
Ministry of Defence has been filed in the court that reveal how security
concerns that emanate from ship breaking activity have been expressed.
The relevant excerpts from the fourteen minutes dated February 5, 2004,
June 11, 2004, January 19, 2005, June 28, 2005, February 1, 2006,
September 21, 2006, January 1, 2007, August 9, 2007, February 28, 2008,
February 4, 2009, October 5, 2009, October 5, 2010,September 17, 2010 ,
July 8, 2011 and February 28, 2012 are given below.
I submit that the minutes of 14th meeting of February 28, 2012
refers to “Security concerns” but does not reveal what has been the
response to the several recommendations of IMC in the earlier meetings.
The relevant part of the minutes of its 13th meeting reads: “Security
concerns: The representative of Coast Guard brought to the notice of IMC
that various foreign made communication equipment like emergency
beacons brought on board of the ships and taken to breaking yards are
not properly deactivated before dismantling the ships. The Coast Guard
expressed concern from security angle as there were a few incidents of
false alarms emanating from such equipments….” The issue of “false flag
certification” was also raised.
I submit that “It was also clarified by GMB that the requisite
information would also be sent to MOD” in the minutes. Subsequent to
this the minutes of the 14th meeting does not reveal whether Ministry of
Defence has been sent information that was promised.
I wish to draw your attention towards the minutes of the 12th
meeting. It reads: “Security Concerns – In the last meeting, it had been
decided that the Ministry of Shipping would organize a meeting on
security matters with GMB, Naval HQ and Coast Guard HQ, Customs etc. to
ensure that issues linked to gaps in the security frame-work are
addressed on a priority basis. The representative of Naval HQ informed
that they have already taken up the matter with the DG Shipping on 3
September 2009 highlighting the necessary precautionary security steps,
including a monthly security meeting to be conducted by the Yard/Port
Authority. The representative of the DG Shipping informed that the
suggestions of the Naval HQ have been conveyed to the Gujarat Maritime
Board.” It is not clear whether the suggestions of the Naval
Headquarters have been acted upon.
I submit that the minutes of 11th meeting of IMC reads: “Security
Concerns – The Coast Guard representative brought out some security
concerns and incidents of communication sets from ships reportedly
finding their way to the local fisherman.”
I submit that these concerns cannot be taken lightly. The minutes of
the IMC meeting reads: “Security Concerns – Both the representative of
the Coast Guard and the representative from Naval HQ raised concerns
over the entry of ships carrying hazardous cargo to Alang for ship
breaking and how no information is made available to them regarding the
movement of ships to Alang. Besides this there was no information
regarding whether the Alang Port is compliant with the International
Ship and Port Facility Security (ISPS) Code. In the context of the
present security concerns in the country, the Chairman advised the
representative of the Ministry of Shipping, the GMB officials, the Coast
Guard representative and the Naval HQs to address the issue
expeditiously so that the security gaps are taken care of and also to
verify whether the port at Alang has implemented the ISPS codes.” The
entry of dead ships in Indian waters with fake documents reveals that
security gaps have not been addressed.
I submit that IMC minutes reads: “Security concerns 16.
Representatives of Naval Headquarter pointed out that because of large
floating population at Alang it has become a breeding ground for mafia
and other anti national elements who are indulging in nefarious
activities. He further pointed out that sometimes vessels moving to
Alang for breaking do not carry sufficient fuel and may also be not sea
worthy. This may cause serious accidents at sea if such vessels are
drifting in areas closer to oil field development areas. He therefore
requested that there should be strict enforcement of account ability of
ships reporting at Alang and the port authorities must share information
with intelligence agencies. Further Naval Headquarters should also be
informed about war ships and ships with sensitive cargo coming to Alang
for ship breaking.” The radioactive wastes laden dead ships and war
ships are indeed a matter of huge security concern.
I submit that the minutes of the another IMC meeting reads: “The
Coast Guard representative and the Naval HQ representative also
expressed apprehensions that the vessels coming in for beaching
sometimes ply very close to the oil rigs, which could be a potential for
accidents. Though the representative of the DG, Shipping clarified that
the ships are to ply on pre-determined chartered routes, it was
emphasized that the preventive measures on such matters need to be
strengthened and ensure due compliance by all. The Chairman directed
that the Ministry of Shipping may organize a meeting on the matter with
GMB, Naval HQ and Coast Guard HQ, Custom etc. immediately and ensure
that gaps in the security frame-work issues are addressed immediately.”
There is a need to examine whether gaps in the security frame-work
issues have been addressed as recently as during 2011-12 when 415 dead
ships were dumped at Alang beach.
Let me take the opportunity to inform you that the May 3, 2012 order
of Justice Altamas Kabir and Justice J. Chelameswar bench of Supreme
Court in the matter of a US hazardous dead vessel named 'Oriental
Nicety' (formerly Exxon Valdez, Exxon Mediterranean, Sea River
Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean)
that was trying to enter Indian waters at Alang beach Bhavnagar has
sought compliance with UN’s Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their Disposal to which
India is a party. This has vessel has been renamed as MV Oriental N,
Gujarat.
I submit that The Washington Post news report, “The many lives of
the Exxon Valdez”, March 29, 2012 disclosed that the vessel is on the
way to Alang beach. It may be noted that in the year 2000-2001, the
buyer of the vessel and the owner of Priya Blue Industries Pvt Ltd, Shri
Sanjay P Mehta has been in the ship recycling business as he was
engaged with “MARUTI METALS, LLC” in the US as a advisor at the
recycling Site at Brownsville, Texas. It was involved in the
dismantling of United States Adventure, a US Navy vessel as per the
requirements of US Maritime Administration [MARAD] an agency within the
US Department of Transportation. After the entrepreneurs of the "MARUTI
METALS LLC" decided to close their business in US, Shri Mehta moved to
India to further continue his recycling business in Alang-Sosiya,
Gujarat India. Its 100% subsidiary, Best Oasis Limited, a newly formed
company and a part of "Priya Blue Group" which is a "CASH BUYER" that
purchases vessels on "As is Where is basis" to deliver the same for ship
dismantling at Alang beach at the convenience of ship owners from
developed countries. Hongkong based Best Oasis Limited is a purchaser,
seller and financer of end-of-life ships.
I submit that it is a second such ship originally from USA that is
outwitting Indian laws. The USA’s regulations and European Union
regulations prohibit the entry of such vessels. In an Office Memorandum
No.29-3/2009-HSMD, Government of India, Ministry of Environment &
Forests, (HSM Division) dated 9th May, 2011, relating to implementation
of Supreme Court directions in respect of ship breaking activities, the
previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV
Oceanic) was denied beaching permission but it remained in Indian waters
without beaching. It had left US waters despite indictment by US
Environment Protection Agency with the apparent connivance of MARAD. It
had entered Indian waters on fake documents.
I submit that the end-of-life ship 'Oriental Nicety' was purchased
in March 2012 by a US based company Global Marketing Systems (GMS),
which is one of the biggest, cash buyers for dead ships. It was sold to
Best Oasis Company for about $16 million. The Bill of Sale of the ship
alone can reveal its true or latent value. This 301 meters long tanker
is 50 meters wide, 26 meters depth, weighing 30,000 tons empty and
powered by a 23.60 MW diesel engine. US based National Steel and
Shipbuilding Company built this tanker for Exxon Mobil Corporation, a US
multinational oil and gas corporation and a direct descendant of John
D. Rockefeller's Standard Oil Company. It was built in San Diego,
California in 1986.
I submit that the GMS was involved in the purchase of controversial
radioactive and hazardous waste laden European ship SS Blue Lady (ex-SS
Norway, SS France) and was also involved in the Blue Lady case and the
dead hazardous US ship Platinum II (ex-MV Oceanic, SS Independence).
Platinum II was indicted by US Environmental Protection Agency. This
ship was denied beaching permission by Union Ministry of Environment
& Forests but the Ministry’s intent was outwitted as the dead ship
remained in Indian waters and was illegally scrapped at Gopnath
anchorage point in Bhavnagar Gujarat.
In the past 23 years, the dead US vessel MV Oriental N (formerly
Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River
Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean)
has been renamed several times. It has worked in at least three areas of
the world since it ran aground on Bligh Reef in Alaska's Prince William
Sound in March 1989. The 30,000-ton tanker ruptured eight of its 11
oil-storage tanks and spilled nearly 11 million gallons of crude oil
into the ecologically rich area. Exxon Mobil spent $30 million to repair
the single-hulled ship and moved it to its Mediterranean routes after
the US banned the ship from Alaskan waters and a law was passed
requiring double hulls on oil tankers.
I submit that the USA which is a non-party to Basel Convention
appears to be testing the robustness to the regulatory regime. If a bad
precedent is set by allowing this dead US ship, Indian waters will be
flooded with hundreds of dead ships both of military and military origin
in the aftermath of the lifting of moratorium on transfer of toxic
ships to developing countries by US Government.
I submit that a letter to Parliamentary Standing Committee on
Transport, Tourism & Culture informing it about a letter of Shri
Rajgopal Sharma, Advisor, Indian Embassy, Brussels dated December 20,
2011 wherein it has been revealed that most of the dead and hazardous
ships that are currently at Alang beach are in illegal traffic. The
letter was based on Shri Sharma’s conversation with Shri Julio Garcia
Burgues, Head of the Waste Management Unit, European Commission – DG
Environment. This reveals that even EU is trying to transfer its dead
ships to India.
In view of the above facts, there is a compelling logic for CCS to
intervene earnestly to set matters right before it is too late.
Thanking You
Yours faithfully
Gopal Krishna,
ToxicsWatch Alliance (TWA)
New Delhi
Mb:-08002263335, 09818089660
Phone: +91-11-26517814, Fax: +91-11-26517814
E-mail:krishna1715@gmail.comWeb:
toxicswatch.blogspot.com
Cc
Members of Cabinet Committee on Security, Government of India
Chairman, Parliamentary Standing Committee on Transport, Tourism & Culture
Chairman, National Advisory Council, Government of India
Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Finance
Secretary, Union Ministry of External Affairs
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Steel
Secretary, Union Ministry of Law & Justice
Secretary, Union Ministry of Commerce & Industry
Chief Secretary, Government of Gujarat
Naresh --
