A/HRC/12/26
page 22
of each ship) and only require a tacit approval procedure (regulation 9.4.2). The Special
Rapporteur considers that to satisfy the Basel requirement of “prior informed consent”, explicit
approval of every ship entering a party’s jurisdiction should be required;
(h) Finally, the Special Rapporteur notes that the stringent requirements for the entry
into force of the new Convention raise concerns as to the time it will take before the Convention
enters into force. According to various sources, even 2013 may be unrealistic. Therefore, the
Special Rapporteur calls on the parties to the Basel Convention to consider, during their
discussion on equivalency, steps to be taken during the interim period to ensure the
environmentally sound management of ship-recycling facilities.
III. CONCLUSIONS AND RECOMMENDATIONS
63. The Special Rapporteur welcomes the efforts undertaken by the international
community to address the growing concerns about the poor working practices and
environmental situation prevailing in most shipbreaking yards across the world. These
efforts have resulted in the adoption of various sets of recommendatory guidelines which
seek to ensure the environmentally sound management of shipbreaking activities and the
reduction of accidents, injuries and occupational diseases too often associated with the
dismantling of end-of-life vessels. The recent adoption by IMO of the Hong Kong
International Convention for the Safe and Environmentally Sound Recycling of Ships is
also witness to the serious commitment of the international community to the development
of a safer and more environmentally sound management and disposal of end-of-life vessels
worldwide.
64. The Special Rapporteur regards the new IMO Convention on ship recycling as a
positive step towards the creation of an enforceable regulatory regime aimed at ensuring
the protection of workers’ health and safety and the preservation of the environment, and
encourages States members of IMO to take all appropriate steps to ratify the Convention
within a reasonable period of time. In the interim period up to the Convention’s entry into
force, the Special Rapporteur encourages shipbreaking States, flag States and the
shipbreaking industry to consider applying the technical requirements of the Convention,
as well as existing guidelines and standards, on a voluntary basis. He also recommends that
the Conference of the Parties to the Basel Convention, the International Maritime
Organization and the International Labour Organization continue working together with a
view to avoiding duplication of work and overlapping of responsibilities and competencies.
65. The Special Rapporteur is of the view that shipbreaking is an issue that requires a
global solution. The adoption of the new Convention, although representing a step in the
right direction, is not sufficient to bring about the significant and urgently needed
improvements to the working practices prevailing in shipbreaking yards or the elimination
of the serious environmental pollution that shipbreaking yards generate. Therefore, the
Special Rapporteur calls on all relevant stakeholders, including shipbreaking States, flag
States, the shipbreaking industry and international organizations and mechanisms, to
consider adopting and implementing additional measures to address the negative impacts
of shipbreaking that are not covered by the new Convention. In particular, the Special
Rapporteur recommends the adoption of appropriate measures in the following areas:
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