A/HRC/12/26
page 21
Special Rapporteur considers that in order to minimize the transboundary movement of toxic
substances contained on board end-of-life ships, stronger stipulations as to the decontamination
requirements prior to dismantling should have been made in the IMO Convention;
(c) There is no provision in the Convention calling for the gradual phase-out of the
“beaching” method and a move towards alternative methods of shipbreaking. While
acknowledging that an immediate ban on the “beaching” method or the closing of the yards in
South Asian countries would not represent a viable option, since shipbreaking is an important
source of income for the countries concerned and provides jobs for many workers, the Special
Rapporteur shares the views expressed by several NGOs that the dismantling of vessels on tidal
beaches fails to comply with generally accepted norms and standards aimed at ensuring the
protection of workers and the environment from the adverse effects caused by the discharge of
hazardous materials present on end-of-life vessels into the environment;24
(d) The Convention does not contain any provision for a ship-recycling fund or an
alternative financing mechanism to help ship-recycling facilities improve their recycling
standards and thus comply with the Convention’s requirements. In this regard, the Special
Rapporteur notes with regret that a proposal for the establishment of a ship-recycling fund was
rejected during the negotiations that led to the adoption of the new Convention. With the
exception of cases where grants, loans or technical assistance is provided, the costs for
improving human health and environmental protection will thus be borne by the ship-recycling
facilities themselves;
(e) The new Convention stipulates that wastes generated from recycling activities should
only be transferred to a waste-management facility authorized to deal with their treatment and
disposal in an environmentally sound manner. However, there are no provisions in the
Convention to ensure that waste dispatched to downstream facilities is traceable, thereby
enabling verification of its proper handling, treatment and ultimate disposal. The Special
Rapporteur notes that the Basel Convention emphasizes the importance of traceability of waste
until its final disposal, so as to ensure that waste is managed in accordance with the principle of
environmentally sound management;
(f) While the preamble refers to the need to promote the substitution of hazardous
materials in the construction and maintenance of ships by less hazardous or non-hazardous
materials, no provision is included in the Convention to require parties to use less hazardous
materials wherever they are available;
(g) The Convention provides that ship-recycling States are required to approve ships that
will be recycled within their jurisdiction. Such a determination will be made by review of the
inventory of hazardous materials and the ship-specific ship-recycling plan, to ensure that the
capabilities of the recycling facility match the ship to be recycled. However, ship-recycling
States may opt out of an explicit approval procedure of each ship-recycling plan (and essentially
24
NGO Platform on Shipbreaking, OFF THE BEACH! Safe and green dismantling, 2009.
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