World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 11-3-2019 Developing safe and environmentally sound ship recycling in Indonesia . Irawati Follow this and additional works at: https://commons.wmu.se/all_dissertations Part of the Environmental Policy Commons, and the Sustainability Commons Recommended Citation Irawati, ., "Developing safe and environmentally sound ship recycling in Indonesia" (2019). World Maritime University Dissertations. 1178. https://commons.wmu.se/all_dissertations/1178 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden DEVELOPING SAFE AND ENVIRONMENTALLY SOUND SHIP RECYCLING PRACTICE IN INDONESIA By IRAWATI Indonesia A dissertation submitted to the World Maritime University in partial fulfilment of the requirement for the award of the degree of MASTER OF SCIENCE In MARITIME AFFAIRS (MARITIME SAFETY AND ENVIRONMENTAL ADMINISTRATION) 2019 Copyright: Irawati, 2019 Declaration I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. (Signature): .................................................... (Date): ............................................................ Supervised by: Dr. Henning Jessen, LL.M. Supervisor’s affiliation: Associate Professor of WMU ii Acknowledgements First of all, the author would like to say thank to Allah because of His blessings so that the author can finish the study here at World Maritime University at the right time. The completion of the study is inseparable from the support and help of so many people. Hence, through this page, the author would like to acknowledge and express gratitude to: 1. Mr Yohei Sasakawa, for the Sasakawa scholarship. Without the help and great support from the Sasakawa Peace Foundation, the author would not be able to pursue her dream here in WMU; 2. Mr Iqbal Fikri, Head of Statutory Division where the author is working, who has allowed the author to improve her study here in Sweden; 3. Prof. Henning Jessen, the author’s dissertation supervisor, who continuously and consistently supervised and steered the author in the right direction of the paper and who always encourage the author to do better for the dissertation; 4. The author’s husband and families in Indonesia who always gives endless encouragement to the author and provide unfailing support; 5. The author’s fellow friends at WMU, Monica, Foong Mun, Poontai Yatimaporn, Shan-shan, and Shinji Iwanaga who were always there whenever the author need. Thanks for all the food and good laughs; 6. The author’s fellow Indonesian student at WMU for all the discussions and the laughs; and 7. All the Indonesian family live in Malmö, Hjärup, and Ystad, whom the author cannot mention one by one. Author iii Abstract Title of Dissertation: Developing Safe and Environmentally Sound Ship Ship Recycling Practice in Indonesia Degree: Master of Science The dissertation is a study of the existing condition of ship recycling practice in Indonesia, comparing the international regulation and national regulation in place governing the practice of ship recycling to find the missing gaps. Because of the issues and the complexity in ship recycling practice, adequate regulation needs to be in place to manage a safe and environmentally sound ship recycling activities which not only protect the environment but also protect human lives and human rights. Analysis of the international regulation on ship recycling is conducted historically from the entry into force of the Basel Convention to the adoption of the Hong Kong Convention. Related guidelines and regional regulation is also analysed for the reference. Key features of each regulation is presented together with their limitations. Regulation specifically related to ship recycling in Indonesia is assessed and compared with the international regulation. Findings from the missing gap is then analysed in order to find the better solution. Indonesia has regulated ship recycling practice through the Regulation of Minister of Transportation No 29/2014. From the comparative analysis, it is found that the national regulation in place needs to be improved. Requirement of IHM for new ships and existing ships is need to be regulated, the minimum standard for labours also needs to be regulated clearly to avoid any room for violation. Subsequently, the enforcement monitoring and control regime needs clearer procedure as EMC is the core of the effective implementation of the regulation. Additionally, SWOT analysis related to the development of safe and environmentally sound ship recycling practice in Indonesia is conducted. In the last chapter, the author concluded that to achieve safe and environmentally sound ship recycling practice, several recommendations are proposed. Focus group discussion with all stake holders to find common ground and to avoid any overlapping is strongly encouraged. Joint cooperation with other countries and other classification societies which have the expertise is also suggested. Other than that, market based solution is proposed to encourage ship owner in providing IHM and for ship recycling yard to comply with the regulation. KEYWORDS: Ship-recycling, Hong Kong Convention, Basel Convention, Indonesia, Inventory Hazardous Material, Ship Recycling Facility. iv Table of Contents Declaration ........................................................................................................... ii Acknowledgements .............................................................................................. iii Abstract ............................................................................................................... iv Table of Contents .................................................................................................. v List of Figures ..................................................................................................... vii List of Tables ..................................................................................................... viii List of Abbreviations ........................................................................................... ix Chapter 1 - Introduction ...................................................................................... 1 1.1 Background ..................................................................................................... 1 1.2 Objectives and Structural Outlines ................................................................. 4 1.3 Scope and Limitation ...................................................................................... 4 1.4 Methodology ................................................................................................... 5 1.5 Brief Overview of Ship Recycling Practice ..................................................... 6 Chapter 2 - The International Legal Instrument on Ship Recycling Practice ... 14 2.1 The Basel Convention on the Control of Transboundary Movements of the Hazardous Wastes and their Disposal (Adopted 22 March 1989) ............................. 15 2.2 The International Labour Organization Guidelines – Safety and health in shipbreaking: Guidelines for Asian countries and Turkey ....................................... 20 2.3 The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ship (Adopted 15 May 2009) ..................................................... 21 2.4 European Union Approach ........................................................................... 29 2.5 Summary ....................................................................................................... 30 Chapter 3 - Existing National Regulation Related to Ship Recycling in Indonesia ............................................................................................................. 32 3.1 Regulation related to Import and Export of Hazardous Waste .................... 32 3.2 Regulation of the Minister of Transportation Number 29 Year 2014 ........... 35 3.3 Summary ....................................................................................................... 38 Chapter 4 - Discussion and Analysis of the Current Ship Recycling Practice in Indonesia ............................................................................................................. 39 4.1 Current Implementation of Ship Recycling Practice in Indonesia ............... 39 4.2 National Regulation Compliance with the Hong Kong Convention .............. 47 4.3 Development of the safe and environmentally sound ship recycling practice 53 4.4 SWOT Analysis ............................................................................................. 55 4.5 Possible challenges to the Implementation .................................................... 56 Chapter 5 - Conclusion and Recommendation ................................................... 58 References ..........................................................................................................