A/HRC/12/26
page 4
I. INTRODUCTION
1.
The present report is submitted in accordance with Human Rights Council resolution 9/1,
in which the Council extended the mandate of the Special Rapporteur for a further period of
three years, and strengthened it so as to cover all kinds of movement and dumping of toxic and
dangerous products and wastes. On the basis of resolution 9/1, the Special Rapporteur now has
the task to investigate the adverse effects that both transboundary and national movements and
the dumping of hazardous products and wastes have on the enjoyment of human rights.
Furthermore, the resolution requests the Rapporteur to study the potential adverse effects of all
hazardous products and wastes, whether illicit or not.
2.
The present report consists of two substantive parts: the first part (sect. II) contains an
update on the activities recently undertaken by the Special Rapporteur, while the second part
focuses on the adverse effects of shipbreaking on the enjoyment of human rights by the
countless individuals who work in the shipbreaking yards or live in their close proximity.1
This is not the first time the mandate deals with this issue: the previous Special Rapporteur,
Ms. Fatma-Zohra Ouachi-Vesely, had the opportunity to visit ship-dismantling facilities in
Aliaga, Turkey, and made several recommendations on how to carry out activities in a way that
is respectful of human rights and the environment (see E/CN.4/2005/44).
3.
In choosing this topic, the Special Rapporteur has considered a number of factors, in
accordance with the methodology outlined in his first report to the Commission on Human
Rights (E/CN.4/2005/45, paras. 18-21). These factors include: the scale and seriousness of the
phenomenon; the lack of an adequate regulatory framework; and the need to consider the
phenomenon from a human rights perspective.
4.
The second substantive part of the present report (sect. III) consists of four subsections.
Subsection A provides an overview of the ship dismantling process and describes the main
hazards associated with the current way of dismantling ships. Subsection B analyses the adverse
effects that shipbreaking activities have on the human rights of individuals who work in the
yards or live in their close proximity. Subsection C considers the existing regulatory framework
that has been developed to address the growing concerns about the poor working practices and
adverse environmental impact of the shipbreaking industry. It focuses in particular on the newly
adopted international Convention on ship recycling, with a view to assessing the extent to which
it can contribute to the solution of the main problems associated with the current methods of ship
dismantling. Finally, subsection D contains conclusions and recommendations focusing on the
additional measures that relevant stakeholders should consider adopting and implementing to
bring about real and tangible improvements in the working practices prevailing in the
shipbreaking industry and in the environmentally sound management of the waste this industry
generates.
1
Paragraph 5 of resolution 9/1 invites the Special Rapporteur to include in his report to the
Council comprehensive information on “the human rights implications of waste-recycling
programmes ... and their new trends, including ... the dismantling of ships”, and to address “any
gaps in the effectiveness of the international regulatory mechanisms” that allow the movement
and dumping of toxic and dangerous products and wastes.
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