THIRD SESSION (FIRST PART) OF INTERNATIONAL SEABED AUTHORITY, KINGSTON, 17-27 MARCH
Press Release
SEA/1548
THIRD SESSION (FIRST PART) OF INTERNATIONAL SEABED AUTHORITY, KINGSTON, 17-27 MARCH
19970331 Legal and Technical Commission Completes Initial Readings of Seabed Mining Code; Council and Assembly Endorse Agreement on Relations with United Nations(Received from the International Seabed Authority.)
KINGSTON, 27 March -- During two weeks of deliberations in the first part of its third session, the International Seabed Authority registered progress on a code for deep seabed mining and approved a relationship agreement with the United Nations, but left incomplete a draft agreement with the Jamaican Government on the headquarters of the Authority.
The series of meetings, held from 17 to 27 March at Kingston, saw the Authority's two principal organs, the Assembly and the Council, defer a decision on a draft protocol on the legal privileges and immunities of the Authority. That matter will be taken up, along with the mining code and other matters, during the concluding half of the 1997 session, to be held at Kingston from 18 to 29 August.
Draft regulations to govern prospecting and exploration for polymetallic nodules on the deep seabed -- the main substantive item facing the Authority this year -- were considered by the Council's Legal and Technical Commission, which completed two readings of the text. The Commission plans to submit its text to the 36-member Council in August.
S. Amos Wako of Kenya was elected President of the Assembly's 1997 session. He succeeds Hasjim Djalal (Indonesia), the first President elected when the Assembly convened in 1995.
Seabed Mining Code
The Legal and Technical Commission, a 22-member body of experts elected by the Council last August, held 14 closed meetings during the past two weeks in an initial examination of draft regulations on prospecting and exploration for polymetallic nodules in the international seabed area. Its work was based
on a draft of 41 regulations prepared by the secretariat of the Authority, taking account of work done between 1985 and 1993 in Special Commission 3 of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea
The draft regulations are intended as a legal foundation for a scheme that will ultimately guide all economic activities on the ocean floor in an area covering about 49 per cent of the earth's surface, beyond the limits of national jurisdiction. The Authority is to control a regime for regulating the conduct in that area of States and other entities, including international consortia and private national companies, which are to become contractors. The basis for that regime is set out in the United Nations Convention on the Law of the Sea, adopted in 1982 and in force since 1994, and the Agreement relating to the Implementation of Part IX (seabed provisions) of the Convention, adopted in 1994 and in force since July 1996.
The Commission's work was summarized by its Chairman, Jean-Pierre Lenoble (France), in an oral report to the final meeting of the Council. He stated that the Commission had gone through the text twice, and that an informal version of the resulting revised draft was available, in English only, to Council members. Commission members intended to review the text before the August meetings, and the Chairman expected to submit a final text to the Council early during those meetings.
The Chairman went on to say that the Commission had been careful to ensure that nothing in the code departed from or was inconsistent with the provisions of the Convention and the Agreement -- the treaties which provided the overall framework for the conduct of activities in the area. It had spent much time on defining terms, such as "prospecting", "exploration" and "serious harm to the marine environment".
He added that: "The Commission viewed the provisions on the protection and preservation of the marine environment as being of fundamental importance to the work of the Authority. As a result, much time was spent on the elaboration of the responsibilities of the contractor and the Authority as regards the establishment of environmental baselines for evaluating the likely effects on the marine environment of activities in the area. Accordingly, the revised draft emphasizes the role of the Authority in establishing guidelines and procedures for the protection and preservation of the marine environment, while at the same time requiring contractors to cooperate fully in the implementation of environmental monitoring programmes."
The Commission, he went on, considered it essential that the Authority commence work on such guidelines and procedures as early as possible. The best course, he suggested, would be for the Authority to convene a number of
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expert group meetings to consider issues relating to the marine environment and mining technology.
Stressing the need to provide the Authority with information on seabed activities, Mr. Lenoble observed that the revised draft reflected the contractors' requirement to report on their work in sufficient detail, with care taken to protect confidentiality as well as proprietary rights.
In his view, the revised draft took account of the interests of different groups, including the pioneer investors already registered by the Preparatory Commission, potential investors and new applicants for contracts. The special circumstances of pioneer investors had been taken fully into account, while preserving the integrity of the single regime for the area. The Secretary-General would have to consult with those investors to ascertain whether all necessary information was available, whereupon the Commission would recommend a contract, under the procedure for automatic approval envisaged by the 1994 Agreement.
Stating that the text reflected the principle of non-discrimination among contractors, the Chairman noted the Commission's intention to commence work at its next meeting on a model contract between contractors and the Authority.
On 25 March, Brazil, on behalf of the "Group of 77" developing countries and China, proposed that the Council consider including non-members of the Commission as observers in meetings of that expert body. Secretary-General Satya N. Nandan observed that the Commission had considered the matter and had unanimously decided not to allow observers, but rather to make progress reports at the Council's request.
States favouring the Group of 77 proposal argued that Council members, especially those with special economic interests, needed to follow closely the work on such an important topic as the mining code. Those opposing the proposal were of the view that the Commission's proceedings must remain confidential in view of the proprietary matters it sometimes dealt with, and should not be politicized; in any case, the Council would eventually pass on any results.
No decision was taken on the proposal at this stage.
Relationship Agreement with United Nations
On the recommendation of the Council, the Assembly approved a relationship agreement between the United Nations and the Authority. The draft agreement was negotiated between the two organizations, as requested by the Council last August. The text took account of an earlier draft by the
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Preparatory Commission for the Authority and for the International Tribunal for the Law of the Sea. The agreement was signed by the Secretaries-General of the two organizations on 14 March in New York and is being applied provisionally. It will now go to the United Nations General Assembly for final approval.
Under the agreement (ISBA/3/A/L.2-ISBA/3/C/L.2), the United Nations recognizes the Authority as an autonomous international organization through which States parties to the Convention on the Law of the Sea will organize and control activities in the seabed area beyond the limits of national jurisdiction.
The agreement seeks to coordinate the activities of the two organizations and the United Nations specialized agencies, and to avoid unnecessary duplication. Each entity is authorized to send representatives to the other's meetings when matters of interest to it are discussed.
The Authority, on request, is to provide information and assistance to the Security Council in maintaining or restoring international peace and security. Without prejudice to the need to safeguard confidentiality, the United Nations and the Authority are to exchange information including publications, reports or special studies of mutual interest, as well as geographical charts such as those defining the outer limit lines of continental shelves or exclusive economic zones. The two bodies are also expected to cooperate in the collection and analysis of statistics and the use of statistical resources and personnel, and in their technical assistance activities.
The United Nations and the Authority also agree to apply uniform standards of employment wherever possible, and to maintain close budgetary and financial cooperation. Conference, documentation and language services are to be provided by the United Nations, the costs to be reimbursed by the Authority.
Headquarters Agreement
A 54-article draft agreement between Jamaica and the Authority (ISBA/3/A/L.3-ISBA/3/C/L.3) covers the legal status of the Authority's headquarters in Jamaica, including its current rented premises in Kingston and any future permanent location in the country. It deals with the status and privileges of officials, the establishment of diplomatic missions by member States of the Authority, security and the settlement of disputes.
Among the points raised during the discussion of that text was the adequacy of the protection being provided for the Authority's premises during periods between sessions. In that regard, the representative of Jamaica
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informed the Council that the Minister for Foreign Affairs and the Commissioner of Police would meet with the Secretary-General on the matter.
There was also debate concerning article 2 of the agreement, related to the seat of the Authority. Several delegations raised concerns about areas and facilities which the Government of Jamaica would undertake to grant to the Authority in accordance with that article.
Last August the Council asked the Secretary-General of the Authority to enter into negotiations with the host country concerning the identification of property to house a permanent headquarters. The Secretary-General reported that those negotiations had taken place but no favourable response had been received to date. He said the secretariat had identified property formerly occupied by the French Embassy and had approached the Jamaican Government to fund its purchase pending discussions about reimbursement, but the response had not been favourable.
Reporting on the informal discussions held on that topic, Council President Lenox Ballah (Trinidad and Tobago) said that, although agreement had been reached on some changes to the draft agreement, remaining differences on other points would make it impossible to conclude a final text before the August meetings.
The Committee, which also discussed that topic, requested the Secretary-General to report in August on three alternatives: continuation of the current arrangement of offices in downtown Kingston, with necessary safety and security measures; rental of premises in relatively safer areas of Kingston, preferably in New Kingston; and purchase of premises in such areas.
Draft Protocol on Privileges and Immunities
The Assembly agreed to defer to August further discussion on a draft protocol on the legal privileges and immunities of the Authority. That decision followed extensive consultations held over the last two weeks.
Outlining the reasons for the deferment, Assembly President Wako said there were differing views on the need for a protocol, arising from what some delegates saw as duplication of provisions already contained in the Law of the Sea Convention. A few States, the President reported, saw no need for a protocol. Others wished to reserve judgement until they had had time to examine all the pertinent documents -- a 30-article draft reviewed last August by a working group, based on work done in 1992 by the Preparatory Commission; a later draft by the secretariat containing 13 articles, and the proposed headquarters agreement.
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In response to some of those comments, the secretariat's latest text was confined to topics not covered by the Convention, such as laissez-passer (travel documents) for officials of the Authority and privileges and immunities of representatives of member States, officials and experts. The Assembly will return to the matter in August.
Financial Matters
The Finance Committee held four closed meetings to give preliminary consideration to budgetary matters, in advance of the Authority's consideration of the next budget in August. It recommended the adoption of a two-year financial period beginning in the year 2000, with annual budgets to be adopted in the meantime, covering 1998 and 1999.
The Committee also completed a first reading of draft financial regulations for the Authority, to govern the authorization, expenditure and control of funds. Work on that subject will resume in August.
The Committee Chairman, S. Rama Rao (India), made an oral report to the Council on its work.
1997 Agenda
Items on the agenda adopted by the Assembly and Council for their two-part session this year (ISBA/3/A/L.1 and ISBA/3/C/L.1) also include drafts of financial and staff regulations of the Authority. Those issues, together with an examination of the budget for next year, the scale of assessments for financial contributions by member States and the annual report of the Secretary-General, are scheduled to be taken up by the Assembly and the Council at the August meetings, along with the topics unfinished in March: the seabed mining code, headquarters agreement and protocol on privileges and immunities.
Provisional Membership and Observer Status
The Council approved the request of 14 States and the European Community (ISBA/3/C/1 and Add.1) for extension of provisional membership in the Authority. The States are Belarus, Belgium, Chile, Gabon, Lao People's Democratic Republic, Mozambique, Qatar, Russian Federation, Solomon Islands, South Africa, Switzerland, Ukraine, United Arab Emirates and the United Kingdom. All extensions of provisional membership were made for two years from 16 November 1996 except for the Russian Federation, Ukraine and the United Kingdom, which had requested extensions of one year (ISBA/3/C/3*). The membership of the Authority now stands at 136.
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Under the 1994 Implementation Agreement an extension of provisional membership in the Authority is normally granted for a period not exceeding two years upon approval of a request submitted to the Secretary-General of the Authority by the State or other entity concerned, provided that the Council is satisfied that the requestor has been making efforts in good faith to become a party to the Convention and the Agreement.
The Assembly granted observer status to the South Pacific Applied Geo-Science Commission, an intergovernmental organization composed of 17 member States and located in Suva, Fiji.
Election of Officers
After electing Mr. Wako (Kenya) as its new President, the Assembly chose four members to serve as Vice-Presidents: Kuwait, Malta, Mexico and Poland, put forward by their regional groups. The Council also elected its four Vice-Presidents: Cameroon, Germany, Indonesia and the Russian Federation.
The Legal and Technical Commission elected Jean-Pierre Lenoble (France) as its Chairman. Inge K. Zaamwani (Namibia) was elected by the Council as a member of the Commission, becoming the only woman to serve on that body.
Members of Authority
The 136 members of the Authority are (C = Council member [36]; P = provisional member [24]; * = submitted credentials for the current session [74]):
*Algeria, Angola, Antigua and Barbuda, *Argentina (C), *Australia (C), *Austria, *Bahamas, *Bahrain, Bangladesh (C, P), Barbados, Belarus (P), *Belgium (C, P), Belize, Bolivia, Bosnia and Herzegovina, Botswana, *Brazil (C), Brunei Darussalam, Bulgaria, Cambodia (P), *Cameroon (C), *Canada (P), Cape Verde, *Chile (C, P), *China (C), Comoros, Congo (P), Cook Islands, *Costa Rica, *Cote d'Ivoire, *Croatia, *Cuba (C), *Cyprus, *Czech Republic, Djibouti, Dominica, *Egypt (C), *European Community (P), *Fiji, *Finland, *France (C), *Gabon (P), Gambia, Georgia, *Germany (C), *Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, *Honduras, Iceland, *India (C), *Indonesia (C), Iraq, *Ireland, *Italy (C), *Jamaica (C), *Japan (C), Jordan, *Kenya (C), *Kuwait, Lao People's Democratic Republic (P), *Lebanon, Luxembourg (P), *Malaysia (C), Mali, *Malta, Marshall Islands, *Mauritania, Mauritius, *Mexico, *Micronesia (Federated States of), Monaco, Mongolia, *Mozambique (P), and *Myanmar.
Also *Namibia (C), Nauru, Nepal (P), *Netherlands, *New Zealand, *Nigeria (C), *Norway, *Oman (C), Palau, Panama, Papua New Guinea, *Paraguay (C), *Philippines (C), *Poland (C, P), *Qatar (P), *Republic of Korea (C),
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Romania, *Russian Federation (C, P), *Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, *Saudi Arabia, *Senegal (C), Seychelles, Sierra Leone, Singapore, *Slovakia, Slovenia, Somalia, Solomon Islands (P), *South Africa (C, P), *Spain, Sri Lanka, *Sudan (C), Suriname (P), *Sweden, *Switzerland (P), The former Yugoslav Republic of Macedonia, Togo, Tonga, *Trinidad and Tobago (C), *Tunisia (C), Uganda, *Ukraine (C, P), *United Arab Emirates (P), *United Kingdom (C, P), *United Republic of Tanzania, *United States (C, P), *Uruguay, *Viet Nam, Yemen, Zaire, *Zambia (C) and Zimbabwe.
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