Difference Between the Theory and Practice: Bangladesh and India’s Implementation Challenges of the ILO Safety and Health Shipbreaking Guidelines

Abstract

Shipbreaking is a multi-million-dollar business in Bangladesh and India reusing the steel and other materials available in old ships. Arguably, as a potential business for these developing countries, shipbreaking should have been the rising tide that could lift all the other businesses. But what is happening in Indian and Bangladeshi shipbreaking industries is legally embarrassing. It is true that shipbreaking is an inherently dangerous activity. However, regardless of the dangers involved in breaking ships, the shipbreaking companies rarely maintain technical standard and modern safety management in the shipbreaking plants. The poor and unskilled workers are thereby forced to work with minimum protection of their labour rights. Although accurate information is not officially available, it is estimated that at least one shipbreaking worker dies and dozens receive severe injuries every week in the Bangladesh shipbreaking industry. India experiences less accidents than Bangladesh, but injuries and deaths in Indian shipbreaking industry are also not uncommon. The problem is complex. Although both jurisdictions have passed a plethora of special laws in conformity with the ILO Safety and Health in Shipbreaking: Guidelines for Asian Countries and Turkey (the ILO Guidelines), this is only done as a compromise to show their compliance for paying high purchase price to international shipping companies. Against this backdrop, the paper identifies four key issues that affect the compliance of Bangladesh and Indian shipbreaking and labour laws with the ILO guidelines. The author examines the extent of application of the ILO Guidelines through its shipbreaking and labour laws by analysing the secondary injury data derived from a number of academic papers, media, Non-Government Organisation, and Government reports. It is argued that in principle, the laws have enacted the ILO Guidelines, but in practice, these guidelines are not followed. The author concludes that ineffective compliance with the ILO Guidelines within the domestic jurisdiction of Bangladesh and India causes the high number of deaths and injuries to workers.