Md. Moqbul Hosain
The Bay of Bengal, nestled between India to the west,
Myanmar and Thailand to the east, and Bangladesh to the north, is a critical
ecological treasure. However, amidst its scenic beauty and rich biodiversity,
an alarming marine plastic pollution crisis threatens its stability.
Particularly in Bangladesh, plastic waste has reached staggering
proportions, affecting not only aquatic life but also the livelihoods of coastal
communities.
Current State of Marine Plastic Pollution in the Bay of Bengal
Although integral to our daily lives, plastics have become pervasive contaminants in marine environments, drawing considerable international concern. (1) The most prevalent types of litter in coastal waters
are plastic bottles and other plastic debris. (2) Observations reveal that the abundance
of marine litter collected in these waters ranges between 0.14 and 0.58
items/m2. A recent study sampling marine litter at ten sites found aluminium
cans to be the most abundant item (3500), followed by plastic bottles (3200). (3)
Despite being one of the world’s most extensive and diverse ecosystems, the Bay of Bengal faces significant pollution pressure from plastic waste, primarily flowing through the Ganga-Brahmaputra and Meghna rivers, traversing Bangladesh and India. (4) The Ganges, which
flows through Bangladesh and India, contributes between 0.10 and 0.17 million
tonnes of plastic waste to the ocean annually. (4) Plastics comprise the
majority of marine litter in these waters, (3) making them the dominant
contaminant in the marine ecosystem of Bangladesh.
Plastics can directly affect animals by entanglement
and ingestion, resulting in malnutrition or suffocation in wildlife. (5)
The issue has become more urgent as a result of some evidence showing plastic
particles have been found inside living organisms. According to reports, marine
plastic pollution affects certain creatures, such as fish,
turtles, and birds. (6) However, some significant obstacles to reducing plastic waste
from the Bay include inadequate law enforcement, lack of coordination among government
ministries, divisions, NGOs, and the private sector, the absence of a dedicated
agency to harness the potential of the Blue Economy, and insufficient systems
in place to hold consumers and industries accountable for plastic disposal. (5)
Legal Framework and Policy Addressing the Issue
The Constitution of Bangladesh safeguards
environmental quality under Article 32, expanding the right to life to encompass
a ‘sound environment’. Judicial interpretations, exemplified in Dr.
Mahiuddin Faroque v Bangladesh (1995) (7), have reinforced citizens' rights
to seek redress under specific constitutional provisions. International
agreements like the Basel Convention and the United Nations Convention on the
Law of the Sea (UNCLOS) aim to prevent marine pollution. Still, their effectiveness in Bangladesh remains limited due to their soft law nature. While
UNCLOS emphasizes reducing land-based pollution, the Basel Convention
focuses on reducing hazardous waste. However, their implementation challenges
persist, hindering Bangladesh's efforts to combat marine pollution effectively
despite international obligations. (8)
At the national level, Bangladesh Environmental
Conservation Act (BECA) 1995 and The Territorial Waters and Maritime Zones Act of 1974 deal with marine pollution. Section 8 of the Territorial Waters and Maritime Zones Act (TWAMZA), 1974, allows the government to regulate the measures that are important for preventing marine pollution and protecting the coastal and marine environment of the Bay of Bengal. Thus, it allows for distilling regulations to address pollution from land, sea, and airborne pollution with a special focus on plastic and microscopic plastics. This provision provides an understanding of how the government wants
to ensure ecological rationality or viability of the environment as much as it
supports developmental exercises. By focusing on pollution prevention, control, and ecosystem rehabilitation, it aligns with the international trends of sustainable coastal management to develop the ability to deal with the threats of marine plastic pollution and generate better prospects for the healthy existence of the Bay of Bengal. (9)
The section of the Act appears ambiguous as it does
not clearly explain what measures will be taken, how the high
seas will be kept pollution-free, or who will carry out the responsibilities.
(8) Furthermore, under TWAMZA, a necessary measure has yet to be taken.
Thus, it might be submitted that although it is implemented in writing, it does
not exist. (8)
Moreover, the Bangladesh Environmental Conservation
Act (BECA) 1995 prohibits the use of polythene bags under section 6A. Thus, this section permits the government to ban or regulate plastic products that are dangerous to the environment, like polythene bags, which control marine plastic pollution and hence support sustainable management of the coasts.
However, the High Court has directed the government in BELA v. Ministry of Environment, Forest and Climate Change and
others (10) to enforce a suitable restriction on single-use plastic
products, especially those that are often used. However, in reality, the section is
dead because there is currently no viable substitute for the large-scale
production and usage of polyethene in the nation for the transportation of
products. (8) Moreover, Rule 3 of Bangladesh Environmental Conservation Rules
2023 allow application for remedial damages due to environmental pollution or degradation.
As per the rule, the person aggrieved by pollution could apply for a remedy from the Director General.
However, other than designating a specific area for
plastic, other environmental laws do not address the issue of plastic
pollution. Acts pertaining to aquatic and terrestrial ecosystems provide an
example. For instance, regulations on water resources do not include
any provisions requiring the removal of plastic debris from waterways or
imposing penalties for contaminating tourist destinations. (5)
The Way Forward for a Sustainable Future
For Bangladesh to address the shortcomings in its
legal framework concerning marine pollution, several recommendations can be
drawn from effective international policies. Based on the current study
regarding marine pollution in Bangladesh, a separate statute is proposed: the Marine Pollution Prevention Act, as there is no specific separate
law for preventing marine pollution. (8) Taiwan's approach (11) of
mandatory source segregation significantly improved waste management, evidenced
by reduced plastic bags found on beaches. (12) The European Union's success in
increasing recyclables in markets is attributable to waste directives enforcing
recycling and discouraging landfilling. (13)
Similarly, Uruguay's Non-reusable Containers Law emphasizes extended producer responsibility and compelling disposal plans for used containers and waste, aligning with waste reduction and recycling goals. (14) Enforcing analogous strategies in Bangladesh could include obligatory segregation, assessing restrictions on single-use plastics, and enacting extended producer responsibility laws. Establishing appropriate regulations, taking the initiative of recycling, and promoting responsible product and disposal practices, as seen in successful international models, could substantially help Bangladesh combat marine pollution, mainly plastic. Apart from this, Bangladesh needs a devoted agency for Blue Economy to mitigate plastic waste in the Bay of Bengal, fostering collaboration among stakeholders. Incorporating Extended Producer Responsibility in the legal framework, making awareness campaigns, and coordinating efforts among stakeholders is crucial for effectively controlling marine plastic pollution for a sustainable future.
Conclusion
In conclusion, despite international commitments and
legal frameworks, Bangladesh still faces significant obstacles in combating marine plastic pollution. Article 193 of the
UNCLOS also requires the implementation of necessary measures to protect and
preserve the aquatic environment, so new effective regulations must be created as soon as possible that incorporate preventive measures
mandated by international agreements for preventing marine pollution. Improving cross-sectoral cooperation, supporting law enforcement, and creating entities specifically concentrated on the Blue Economy is essential. Crucial measures
include assessing Extended Producer Responsibility, raising public awareness,
and bolstering stakeholder cooperation.
MD. Moqbul Hosain is an LLM Student at the Department of Law, University of Dhaka. He
can be reached at: hosainmoqbul@gmail.com.
References:
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