A/HRC/12/26 page 17 48. MARPOL 73/78 is the main international Convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively and updated by amendments through the years. The Convention seeks to eliminate intentional pollution of the marine environment by oil and other harmful substances and minimize accidental discharges. The detailed rules on pollution from ships are set out in six annexes to the Convention. The main shipbreaking countries are all parties to MARPOL 73/78. As is the case for the London Convention, it is not clear whether MARPOL is applicable to discharges from end-of-life vessels. Theoretically, it would apply to ship dismantling which takes place within the territorial waters of the shipbreaking country, and therefore any discharge of oil or oily mixtures would be prohibited. Such oily wastes should be retained on board or discharged to reception facilities in port. States would in turn be obliged to ensure the provision of the necessary reception facilities for these oily discharges. 49. In December 2003, the IMO Assembly adopted the IMO Guidelines on Ship Recycling.20 The Guidelines have been developed to provide guidance to all stakeholders in the recycling process, including flag, port and recycling States, shipowners, shipbuilders, marine equipment suppliers and recycling facilities, on best practices, which take into account the ship-recycling process throughout the life cycle of the ship. The Guidelines suggest practical measures for all stages of the ship-recycling process, including: (a) new ship and equipment design, in particular to minimize the use of hazardous substances and waste generation and to facilitate recycling and the removal of hazardous materials; (b) preparation of a “Green Passport” for new and existing ships; (c) selection of a recycling facility and preparation of a ship for recycling, including a Ship-Recycling Plan; and (d) roles for primary stakeholders including flag, port and recycling States, the Basel Convention, ILO and the shipping industry. 50. The Guidelines seek to encourage recycling as the best means of ship disposal. In general, they take the view that the obligation for environmental and worker protection in ship-recycling facilities rests with the recycling facility itself and with the regulatory authorities of the country in which the recycling facility operates. Nevertheless, it is noted that shipowners and other stakeholders have a responsibility to address the issues involved. 3. International Labour Organization 51. Although not drafted with shipbreaking in mind, a considerable number of ILO Conventions dealing with occupational safety and health hazards and worker protection issues could be applied to shipbreaking activities. They include: • The Convention concerning Freedom of Association and Protection of the Right to Organize (Convention No. 87) • The Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (Convention No. 98) 20 Resolution A.962 (23).