| The lady who drove the toxic ships away Saad Hammadi meets leading environmental attorney Syeda Rizwana Hasan and recounts her long drawn fight against toxic shipwrecking on Bangladeshi territory that has won her the Goldman Environmental Prize
From taking on the honchos of real estate, to preventing river pollution, protecting the forest and rights of forest dwellers and protesting toxic and hazardous shipwrecking, Syeda Rizwana Hasan has established herself as the green crusader. Currently the chief executive of Bangladesh Environmental Lawyers' Association (BELA), she is one of the few women who are outspoken and fearless when it comes to securing justice for the interest of people. She joined BELA in 1993 when she was 25. Four years later she had to take the helm of the entire association, when BELA founder Dr Mohiuddin Farooque died. 'I took over BELA at a time when I was not prepared for it,' she says. But her family and colleagues' immense support had never let her look back. Sixteen years down the line, the effervescent lady has become the top environmentalist in the country and represents international organisations like Friends of the Earth International, NGO Platform on Shipbreaking and Environmental Law Alliance Worldwide (ELAW) in Bangladesh along with the government committees like the Nagar Unnayan. Her uncompromising attitude paid off when she was awarded the prestigious Goldman Prize in San Francisco last week, one that is awarded to six persons across the globe. Rizwana happens to be the only one from Asia to win it. The Goldman Environmental Prize is the world's largest prize honouring grassroots environmentalists. The jury chose her for her effort in sending back MT [oil tanker] Alpha from Bangladesh territory. It was one of the 50 toxic ships that were built before the 1980's and are listed by the Greenpeace, the international NGO for protection and conservation of environment. These ships happen to be the oldest and therefore pose environmental hazards. (Greenpeace has changed its strategic importance in the last two years and so the shipbreaking concerns are now looked after by the NGO Platform on Shipbreaking.) In Bangladesh the invasion of Greenpeace listed ships began with ocean liner SS Norway attempting to bridge itself in 2006 but it had to move past Bangladesh after BELA gave legal notice to the government opposing its clearance to arrive. After the incident, the director general of the shipping department through an official circular introduced a 'No Objection Certificate' as a prerequisite for importers to import ships. SS Norway had moved past Bangladesh and eventually landed in India citing bad weather conditions. The environmentalists there protested its permission but the court on humanitarian context allowed it to beach (pull up on the shipyard during the tide) but not break it. In this same way the MT Alpha arrived in Bangladesh. Citing bad weather the ship arrived on an innocent passage whereby it could stay for 72 hours and then had to leave the territory. The ulterior motive was to beach itself but it couldn't because it neither had NOC nor a letter of credit. On top of that, BELA filed a case against it in 2006 which eventually compelled it to go back. Three years later, as Rizwana receives the Goldman award for sending back MT Alpha she has actually done more than that to protect the health and safety for the labourers at the ship breaking yard. Her biggest challenge in fact appeared when the shipping department conspired to allow Greenpeace listed ships through a clandestine meeting with the ship breakers' association. 'One of the worst forms of health hazards these old ships have on the labours is asbestosis, a disease that subsequently leads to cancer,' explains Rizwana. Yet, the shipping department granted access to MT Enterprise, the third Greenpeace listed ship that made through in Bangladesh. When she looks back, she laughs at the lame explanation the shipping department had put forth to allow the ship. Because of power failure whether the MT Enterprise was a Greenpeace listed ship could not be ascertained. So it could be issued the NOC. The NOC however was cancelled citing the ship importer gave some wrong information. The importer filed a case with the high court that allowed him to beach but not break. At the same time the importer requested the shipping department to carry out an inspection on the ship for its toxicity. The shipping department without the participation of two pertinent ministries, labour and environment, reported the ship had merely 60 kilogramme of asbestosis, says Rizwana. Acting on the report the government decided that the cancellation of NOC be withdrawn from the ship, which also brings end to the case at the court. Because the government withdrew the cancellation on NOC, the court ended the case ordering the government to notify the withdrawal to the importer. 'We filed a case against the MT Enterprise and the importer saying all of the fuss revolving the ship import were staged. We didn't believe in the inspection report,' says Rizwana, adding that in spite of the court's stay order passed on the issuance of NOC the importer began breaking the ship. 'By the time we won the stay order on the breaking, there was merely 10 per cent left of the ship,' she says. Following a writ petition by BELA, the high court last month directed the government to close down 36 shipwrecking yards within two weeks for not having environmental clearance. It further mentioned that no ships should enter the Bangladesh unless the owners clean the hazardous contents within the ship outside the territory of Bangladesh. Greenpeace listed ships will not enter unless the shipping department confirms the hazardous contents were cleared off the ships. The court order also included that a ship breaking yard may only be allowed to operate once it ensured environment and labour safety and a rule be made to regulate ship breaking which the ministry of environment will take care of. In addition the court ordered the formation of government high power committee including BELA to monitor the implementation of court orders. As Rizwana's crusade against hazardous ship breaking was ongoing, back at home, one midnight, she received a call from the Goldman jury. It came as a break and a sense of achievement at the same time, to her stressful court battles when she was informed about her nomination at the Goldman prize for her legal battle against toxic ship breaking. As deserving as it is for Rizwana, she claims much of her success is owed to her family, for who she hardly ever manages to spare enough time. 'Without their support and encouragement it wouldn't have been possible to face the numerous scandals and threats that I am exposed to for the kind of cases I choose for BELA,' she says. It's good to put up with threats, Rizwana says, as 'those who make threats feel themselves threatened.' She recalls instances when her husband had to hear from friends in the real estate sector, 'your wife causes all the trouble'. And yet, she has never had to compromise with her responsibilities. BELA had advocated for the plot and flat ordinance passed during the caretaker government which troubled the real estate owners by conforming to rules and restrictions in the interest of consumer and environment among many. But she regrets that the ordinance is pending the parliament's approval which is required for it to be effective after the resumption of democratic government. 'What's amazing is,' she says, 'I have not received a genuine bribe offer till date even though there are so many rumours spread about me in this context.' Recalling one of her successful cases, the one against Madhumati for encroaching wetland in 2004, she says, there were instances when vested groups instigated the government against BELA that literally posed threat not just to the people of the organisation but its entire existence. 'Threats increase your power and importance. Nowadays, the vested interest groups rule the corporate houses where profit is their religion. The enemies have increased aplenty that it has become unpredictable as to who would mean trouble next time.' A mother of three children, Rizwana is happy and overwhelmed with her family, work and life. 'I am doing something innovative, always challenging and being challenged. I have had all my ambitions, academic thrust, legal practice and public service incorporated in one profession.' |
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