Inclusion of White Chrysotile Asbestos in the UN List of hazardous
substances postponed, to be considered again at Rotterdam Convention’s COP 8
Govt
must Make India Asbestos Free by rectifying irrationality of banning mining of asbestos
but continuing its trade
INDIA’S INVENTORY
OF HAZARDOUS CHEMICALS IMPORT INCLUDES “ASBESTOS”, LIST OF BANNED HAZARDOUS
WASTES INCLUDES WASTE ASBESTOS (DUST AND FIBERS)
Documents
on hazardous substances like White Chrysotile Asbestos
and incurable diseases must be made available in Indian languages
May 15, 2015: Following
opposition by Russia, Kyrgyzstan, Kazakhstan and Zimbabwe to the listing of White
Chrysotile Asbestos in the UN list of hazardous substances,
UN Rotterdam Convention’s Seventh Conference of Parties (COP7) agreed to postpone
the issue of its inclusion for consideration by COP8. Unlike these countries, Inventory
of Hazardous Chemicals Import in India prepared by Union Ministry of
Environment & Forests, Government of India lists 'Asbestos' at serial no.
26 as one of the 180 hazardous chemicals imported in India.
In a bizarre act while Government
of India has technically banned asbestos mining, it continues to allow import
and export of asbestos. "In view of the deleterious effect of asbestos
mining on health of the workers, the government has ordered the State
governments in 1986 not to grant any new mining lease for asbestos (including
Chrysotile variety) in the country" as per Government of India’s letter
with reference no. 7/23/84-AM-III/AM-VI dated 09.07.1986, Government must make
India asbestos free by rectifying the irrationality of banning mining of asbestos
but continuing its trade.
Incidentally, United
Nations Committee of Experts on the Transportation of Dangerous Goods
classifies Chrysotile Asbestos in Hazard Class and Packing Group, UN number
2590, Class 9 – Miscellaneous dangerous goods and articles. Its International
Maritime Dangerous Goods (IMDG) Code is UN No: 2590: Class or division 9.
Notably, all the forms of asbestos including Actinolite
asbestos, Anthophyllite, Amosite asbestos, Crocidolite and Tremolite are already
in the PIC list except White Chrysotile Asbestos. While there is a genral
prohibition on production, importation, commercialization and use of Asbestos
fibres Amphiboles forms (Crocidolites, Amosite, Actinolite, Tremolite,
Anthophyllite) and products formulated on its basis but India gives
"Consent to import only subject to specified conditions" for
Anthophyllite. Ban Asbestos Network of India (BANI) has been struggling to
ensure its inclusion of all kinds of asbestos in the Convention’s hazardous
substances list.
The inclusion of Chrysotile Asbestos in Annex III
to the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade was on the
agenda of its CoP 7. It was part of matters related to the implementation of
the Convention through consideration of chemicals for inclusion in Annex III to
the Convention through UN document no. UNEP/FAO/RC/COP.7/11. The chemicals in
the PIC list are clearly divided into two groups: industrial chemicals and
pesticides. Parties make import responses for each chemical and the responses
are published in the PIC Circular. The criteria for listing a chemical in Annex
III are contained in Annex II of the Convention.
In accordance with articles 5 and 7 of the Convention,
the Chemical Review Committee (CRC) at its second meeting recommended the
listing of chrysotile asbestos in Annex III to the Convention, approved the
text of a draft decision guidance document on chrysotile asbestos (UNEP/FAO/RC/COP.7/11/Add.1,
annex) and decided to forward the recommendation and the draft decision
guidance document to the Conference of the Parties for consideration.
At its third meeting, the
Conference of the Parties deliberated on the inclusion of chrysotile asbestos
in Annex III to the Convention and, by paragraph 2 of decision RC-3/3, decided
that the requirements set out in article 5, including the criteria set out in
Annex II to the Convention as referenced in paragraph 6 of article 5 of the
Convention, the requirements set out in paragraph 1 of article 7 of the
Convention and the requirements set out in the first sentence of paragraph 2 of
Article 7 of the Convention on the process for listing in Annex III to the
Convention, had been met. The Conference of the Parties, however, did not reach
consensus on whether to list chrysotile asbestos and, by paragraph 1 of
decision RC-3/3, decided to further consider the amendment of Annex III to the
Rotterdam Convention to include chrysotile asbestos at its fourth meeting.
At its fourth and fifth meetings,
the Conference of the Parties deliberated on the inclusion of chrysotile
asbestos in Annex III to the Rotterdam Convention, but was not able to reach
consensus. At the fifth meeting of the Conference of the Parties, the contact
group on candidate chemicals prepared a draft decision on follow-up action by
the Chemical Review Committee on the listing of chrysotile asbestos. As the
chemical was not listed, the Conference of the Parties agreed to annex the
draft decision to the report of the Conference on the work of its fifth meeting
for possible consideration at a future meeting (UNEP/FAO/RC/COP.5/26, annex IV).
Following discussions at its
sixth meeting, the Conference of the Parties decided, given the lack of
consensus, to include further consideration of the listing of chrysotile
asbestos in Annex III to the Convention on the agenda of its seventh meeting
(UNEP/FAO/RC/COP.6/20, para.79).
At CoP 7, the proposed action
included parties to satisfy themselves that all the requirements for listing in
Annex III have been met after considering the recommendation of the CRC to make
chrysotile asbestos subject to the prior informed consent procedure and
accordingly to list the chemical in Annex III to the Convention. Following
which they were supposed to decide to amend Annex III to the Convention to list
Chrysotile Asbestos, the industrial chemical. It was also supposed to decide
that this amendment to enter into force for all parties on 15th September
2015 after approving the draft decision guidance document on chrysotile
asbestos. But the proceedings did not proceed as proposed.
On 14th May, 2015, COP7 considered the
inclusion of chrysotile asbestos in Annex III of the Convention
(UNEP/FAO/RC/COP.7/11) but owing to opposition from interested parties like the
Russia, Kyrgyzstan, Kazakhstan and Zimbabwe, the issue of listing of chrysotile
asbestos has been deferred yet again for consideration by CoP8.
The obligations of the Convention on responsible
trade fall on those exporting countries that are Parties to the Convention. The
Convention requires countries to strengthen their own chemicals management
infrastructures and enforcement mechanisms. The Convention includes final
regulatory actions (bans or severe restrictions) where the action was taken for
the purposes of human health OR environmental reasons but mere listing does not
lead to ban. The inclusion of chemicals in Annex III is not an invitation for
Parties to ban their use. The purpose of the prior informed consent procedure
is to allow countries to make their own informed decisions on future imports of
the chemical depending on their own needs, circumstances and uses of the
chemical. However, if a Party decides not to allow any future import of a PIC
chemical, then they must also ensure that any domestic manufacture and use of
the chemical is banned. Imports of the chemical from non-Parties to the
Convention should also not be allowed.
As at 31 October 2014, there were 154 parties to
the Convention. During the reporting period (June 2013 to December 2014), four
States- Afghanistan, Cambodia, Sao Tome and Principe and Indonesia acceded to
or ratified the Convention.
The substances listed in the Annex III include Alachlor,
Aldicarb, Aldrin, Azinphos-methyl, 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, Commercial octabromodiphenyl ether
(including Hexabromodiphenyl ether and Heptabromodiphenyl ether), Commercial
pentabromodiphenyl ether (including tetrabromodiphenyl ether and
pentabromodiphenyl ether), Perfluorooctane sulfonic acid, perfluorooctane
sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls, Polybrominated
Biphenyls (PBBs), Polychlorinated Biphenyls (PCBs), Polychlorinated Terphenyls
(PCTs), Tetraethyl lead, Tetramethyl lead and Tris (2,3 dibromopropyl) phosphate.
The seventh meeting of the Conference of the
Parties to the Rotterdam Convention (RC COP-7) was held from 4th to
15th May, 2015 simultaneously with the twelfth meeting of the
Conference of the Parties to the Basel Convention (BC COP-12) and the seventh
meeting of the Conference of the Parties to the Stockholm Convention (SC
COP-7). The meetings included joint sessions among two or three of the
conferences of the parties on joint issues. The theme for the meetings of the
conferences of the parties to the Basel, Rotterdam and Stockholm conventions was
‘From science to action, working for a safer tomorrow’.
In many countries, there are general provisions
that do not allow the use or importation of any chemical that is not registered
or approved. India should adopt such provisions and consider applying them to
white chrysotile asbestos.
As usual the working language for the UN conference
was Arabic, Chinese, English, French, Russian and Spanish. BANI demands that documents
related to hazardous substances, whose exposure entails matters of life and
death must be made available in Indian languages as well for greater public
awareness, participation and action.
Ban Asbestos Network of India (BANI) is a
collective of researchers and social workers working for environmental and
occupational health justice in general and for elimination of asbestos of all
kinds from trade and use. It is struggling for just compensation for victims of
primary and secondary exposure, decontamination of asbestos laden buildings and
products and advocating adoption of non-hazardous alternatives to killer fibers
of asbestos. It isn’t structurally associated with the transnational alliances working
for asbestos free world. It is involved in struggling for a safe working and
living conditions for workers in the asbestos based industries, ship breaking
industry, construction industry, defence industry and other businesses. BANI’s work
is independent public interest research and advocacy work with grass root organizations
for safeguarding health of present and future generations.
BANI
demands strict implementation of occupational health surveillance scheme through
pre employment health examination and periodic health examination in industries
where is possibility of exposure to airborne asbestos. Such scheme for health
surveillance must include exposure data at each pertinent work place,
periodical examination of workers, X-ray examination for radiological changes,
lung function test for restrictive disorder and clinical examination for early
detection of signs of asbestosis. These tests must be recorded for
pre-employment, periodic surveillance and at cessation of employment.
Occupational health surveillance must be carried out by occupational physician
or chest physician trained in occupational medicine. The occupational health
surveillance program must be drawn for all the employees potentially exposed to
asbestos dust and it is to be provided free of cost.
BANI
demands maintenance and storage of medical records for period of 15 years
following the termination of employment or for 40 years after first day of
employment, whichever is later by employers, government agencies and workers
organizations. The medical records must be maintained covering the details of
pre-employment examination, the periodical medical examinations, medical
examination done at other times, if any and the medical examinations conducted
at cessation of employment and further follow-up examinations, where done.
BANI demands that individual employees’
occupational exposure profile to asbestos, specific work practices, and
preventive measures including plan for management of asbestos related diseases prescribed
must be recorded.
BANI
will continue to work for the inclusion of white chrysotile asbestos in the UN
list. Its efforts have led to inclusion of asbestos in the Inventory of Hazardous Chemicals Import in India and
inclusion of Waste Asbestos (Dust and Fibers) in the list of Hazardous Wastes
Prohibited for Import and Export under Schedule VI of Hazardous Wastes
(Management, Handling and Transboundary Movement) Rules, 2008 under the Environment
(Protection) Act, 1986. Its efforts led to the finding that 16 % workers in the
shipbreaking industry occupationally exposed to asbestos.
Notably, “Buying
asbestos is buying akin to buying cancer. I will get asbestos removed from my
residence. The ache of asbestos hazards is worse than the ache of unemployment”
said Awadesh Narain Singh, Chairman, Bihar Legislative Council, in a speech
available on www.youtube.com
The Report of Working Group on Occupational Safety and
Health, Xth Five Year Plan, Planning Commission observed that the
workers are also exposed to a host of hazardous substances, which have a
potential to cause serious occupational diseases such as asbestosis. It
revealed substantial prevalence of occupational health disorders amongst the
workers such as Asbestosis. The prevalence rate for Asbestosis was reported to
be 7.25%.
The
Vision Statement of Ministry of Environment, Forests and Climate Change
recommends phase out of chrysotile asbestos saying, "Alternatives to
asbestos may be used to the extent possible and use of asbestos may be phased
out."
The Concept Paper of Union Ministry of Labour
presented at Fifth India-EU Seminar states,
“The Government of India is considering the ban the mining and use of
chrysotile asbestos in India to protect the workers and the general population
against primary and secondary exposure to Chrysotile form of Asbestos.”
Under Indian 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.
Irrespective of the outcome of the CoP 7 given the fact that
domestic laws are intact, it is high time Prime Minister intervened to ensure
that Union Ministry of Chemicals and Fertilizers and Union
Ministry of Commerce and Industry are not overwhelmed by Asbestos Cement
Products Manufacturers Association, a so-called not for profit organization, involved
in persuading government representatives to give priority to the profit of the indefensible
asbestos industry and to undermine public health concerns of present and future
generations.
For Details: Gopal Krishna, Ban Asbestos Network of India (BANI)-ToxicsWatch Alliance (TWA), Mb: 08227816731, 09818089660, E-mail-1715krishna@gmail.com, Blog:banasbestosindia.blogspot.in Web: www.toxicswatch.org
