OPENING ITS DEBATE ON SEA LAW CONVENTION, ASSEMBLY TOLD OF TROUBLING INCREASE IN INCIDENTS OF PIRACY, ARMED ROBBERY, OTHER CRIMES

24 November 1998

Press Release
GA/9513

OPENING ITS DEBATE ON SEA LAW CONVENTION, ASSEMBLY TOLD OF TROUBLING INCREASE IN INCIDENTS OF PIRACY, ARMED ROBBERY, OTHER CRIMES

19981124 Strong Action Urged; Iceland, Seeking Respect for Sovereignty, Says Ocean Affairs often Need Regional, Rather than Global, Regulation

The increasing number of incidents of piracy and armed robbery at sea marked the International Year of the Ocean, according to statements heard by the General Assembly this morning, as it met to consider the report of the Secretary-General on Oceans and the Law of the Sea, with a related draft resolution, and a further draft on large-scale pelagic drift-net fishing.

The representative of Finland said the violence of some attacks required urgent attention. Introducing the related draft, she said it called upon States to investigate such incidents, bringing the alleged perpetrators to justice, and to cooperate fully with the International Maritime Organization (IMO) to combat the problem. A coordinated approach to the Convention's implementation and adherence to its legal regime was the greatest priority.

The representative of Indonesia said that in 1997, there had been 47 reported attacks alone in and around his country. Enhanced cooperation on all levels was indispensable for tackling that problem. Exchange of data and information and regional seminars were also very important.

Introducing the draft on large-scale pelagic drift-net fishing, the representative of the United Sates said consistent application of the United Nations Convention on the Law of the Sea was extremely important; declarations and statements that were not in conformity with that instrument should be withdrawn.

The representative of Argentina said that with 4,500 kilometres of coastline, his country had an active policy to preserve its marine resources and had put laws in place to that effect. It was disturbing that despite the adoption of agreements in 1995 on transborder and highly migratory fishing, there was still nothing to ensure the application of the measures to protect fishing resources or combat harmful fishing practices.

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The representative of Norway said he was concerned with the information in the Secretary-General's report relating to attempts by States, through declarations, to attach conditions which might modify the legal effects of provisions of the Convention on the Law of the Sea. The success of the Convention depended on respect for its provisions, its unified character and the need to harmonize national legislation with the Convention.

The representative of Iceland said that his country's longstanding experience in ocean affairs had taught it the importance of distinguishing between global problems, which should be met by international measures, and localized problems, which should be resolved through local and regional means. The importance of regional management of marine resources could not be overstated, as it was not only a matter of national sovereignty but also vital for securing sustainable harvesting. International cooperation should be of a supportive nature rather than to aim at building international management regimes.

Statements were also made by the representatives of Austria (on behalf of the European Union), Senegal, Monaco, Federated States of Micronesia, Malta, Bolivia and Jamaica.

The Assembly meets again at 3 p.m. today to continue its consideration of the Law of the Sea and United Nations reform measures and proposals.

Assembly Work Programme

The General Assembly met this morning to consider the reports of the Secretary-General on Oceans and the Law of the Sea and large-scale pelagic drift-net fishing, as well as take action on related draft resolutions.

Oceans and Law of Sea

On 18 December 1982, the United Nations Convention on the Law of the Sea was opened for signature in Montego Bay, Jamaica, after 14 years of preparatory work involving more than 150 countries. According to the Secretary-General's report on Oceans and the Law of the Sea (document A/53/456), the total number of States parties, including one international organization, the European Community, is now 127. Since the Convention entered into force in November 1994, the international community has focused on establishing institutions created by the Convention.

During the current year, proclaimed the International Year of the Ocean, developments in ocean affairs and the law of the sea have indicated an overall trend towards universal participation in and adherence to the legal regime established by the Convention. That regime of ocean institutions consists of the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. The Division for Ocean Affairs and the Law of the Sea reviews and monitors developments relating to the law of the sea and implementation of the Convention. The report stresses the Assembly's important oversight role in developing ocean institutions, implementing the Convention and promoting international cooperation on new issues.

The new approach of States in adopting national ocean strategies, based on the principle of integrated management, continues to develop, the report states. Such an approach appears to be the solution to promoting proper coordination for efficient decision-making at the national level. The report further states that a comprehensive and coherent policy would be more readily accepted at the international level when sectoral issues were discussed in different intergovernmental organizations or at different levels.

The greatest impact of the Convention, according to the report, has been to raise awareness of the fundamental importance of the oceans to the overall well-being of the planet. While the protection and preservation of the marine environment should remain a primary objective of the international community, States should not overlook the significance of ocean resources to overall development and economic growth. To that end, the international community must ensure that sea resources are utilized and managed in a sustainable, environmentally sound manner in order to support and feed a growing world population.

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The report goes on to say that the contribution of the resources and uses of the sea to the world economy is enormous. A recent study estimated the value of all goods and services related to the oceans at $21 trillion, as compared with $12 trillion for those related to the land. Furthermore, technological and scientific advances presented new opportunities as well as challenges. Genetic resources derived from the seabed and the capacity to drill for oil and gas under deeper waters were just two examples of how science and technology could generate greater wealth from the sea. Noting the importance of not endangering the ocean environment through such technological advances, the report says that the stability of the oceans depends to a great extent on the ability to anticipate problem areas and address them appropriately. The report, therefore, attempts to focus attention on those areas.

Although the Convention has brought stability to relations between States with respect to the oceans by contributing to international peace and security, certain issues needed to be addressed. Those issues included the smuggling of aliens, the illicit traffic of narcotics and piracy and armed robbery at sea. Also, providing solutions to conflicting claims to ocean space and resources was a continuing task. The Convention provided a framework to deal with such issues. The General Assembly, given its oversight role in ocean affairs and the law of the sea, would be called upon to anticipate areas of concern and devise strategies to address them effectively.

Noting the importance of the Convention and the Implementing Agreements, the report outlines the Convention's status, the declarations and statements made and notification for provisional membership. As of 30 September, 91 States parties to the Convention, including the European Community, were bound by the Agreement on Part XI, which concerns the seabed, ocean floor and subsoil beyond the limits of national jurisdiction. The Agreement was adopted on 28 July 1994 and entered into force on 28 July 1996. That Agreement is to be interpreted and applied together with the Convention as a single instrument, and in the event of any inconsistency between the Agreement and Part XI of the Convention, the provisions of the Agreement shall prevail. States that were parties to the Convention prior to the adoption of the Agreement have to establish their consent to be bound by the Agreement separately, by depositing an instrument of ratification or accession.

Also, as of 30 September, 59 States had signed, and 18 had ratified the Agreement for implementation of Convention provisions relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the 1995 Fish Stocks Agreement). That agreement will enter into force 30 days after the date of deposit of the thirtieth instrument of ratification or accession. Unlike the 1994 Agreement relating to the implementation of Part XI of the Convention, there is no direct linkage between the 1995 Fish Stocks Agreement and the Convention with respect to establishing the consent to be bound.

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The eighth meeting of States parties to the Convention was held in New York in May. The draft budget of the International Tribunal for 1999 and rules of procedure of the meeting of States parties were among the items on the agenda. The meeting also considered several items submitted to it by the Commission on the Limits of the Continental Shelf. An extensive discussion focused on the rules of procedures, namely whether a two-thirds majority was sufficient on questions relating to financial and budgetary matters, and whether a finance committee should be established. No consensus was reached on either topic, and items were placed on the agenda of its next meeting.

The ninth Meeting of States Parties to the Convention will be held in New York from 19 to 28 May 1999. Since the term of seven judges of the Tribunal will expire in 1999, new elections will be held on 24 May 1999. Among the agenda items will be: the report of the International Tribunal for the Law of the Sea, the rules and procedures of the meeting of States parties, the draft budget of the Tribunal for 2000; the conditions of retirement pensions for Tribunal judges; and the draft financial regulations of the Tribunal.

The Secretary-General's report also examines in detail: claims to maritime space by region; States with special geographical characteristics, including small island and landlocked States; peace and security, including the settlement of disputes; navigation, including a wide range of safety and enforcement issues; offshore installations and structures; development and management of marine resources and environmental protection; regional cooperation and action plans; preparations for the review of the sectoral theme of "oceans and seas" by the Commission on Sustainable Development in 1999; underwater cultural heritage; marine science and technology; and cooperative mechanisms, capacity-building and information.

The report by the Secretary-General on large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas and fisheries by-catch and discards (document A/53/473) contains: general information from States and international organizations; a review by region; and information from States, specialized United Nations agencies, regional and subregional fisheries organizations, intergovernmental and non-governmental organizations.

The report also reaffirms relevant Assembly resolutions on the importance of the 1995 Fish Stocks Agreement, the Food and Agriculture Organization (FAO) Code of Conduct for Responsible Fisheries, Agenda 21 of the United Nations Conference on Environment and Development (UNCED) and the Agreement to Promote Compliance with the International Conservation and Management Measures by Fishing Vessels on the High Seas to the conservation and management of living marine resources. In recognizing efforts to reduce by-catch and discards in fishing operations, the Assembly expressed deep concern at the continuing activities inconsistent with that goal and

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reaffirmed the importance of a moratorium on all large-scale pelagic drift-net fishing on the high seas.

The report also describes the efforts undertaken by FAO concerning: the incidental catch of seabirds in longline fisheries; conservation and effective management of shark populations; and management of fishing capacity.

By the terms of the 50-Power draft resolution on Oceans and the Law of the Sea (document A/53/L.35), the Assembly would call upon all States that have not done so, in order to achieve universal participation, to become parties to the Convention and the Agreement. It would further call on States to harmonize their national legislation with the Convention, to ensure the consistent application of its provisions, and to ensure that any declarations or statements made when signing, ratifying or acceding are in conformity with the Convention and to withdraw any such declarations or statements that are not in conformity.

It would also request the Secretary-General to convene the meeting of States parties to the Convention in New York from 19 to 28 May 1999, during which, on 24 May 1999, the election of seven judges of the International Tribunal for the Law of the Sea will take place. It notes with satisfaction that the Tribunal, which was established as a new means for the settlement of disputes concerning the interpretation or application of the Convention and the Agreement, delivered its first judgement on 4 December 1997. It would further request the Secretary-General to circulate lists of conciliators and arbitrators drawn up and maintained in accordance with Annexes V and VII to the Convention and to update the lists accordingly.

Noting with satisfaction the progress in the work of the International Seabed Authority and the Commission on the Limits of the Continental Shelf, the Assembly would approve the convening of the fifth and sixth sessions of the Commission in New York from 3 to 14 May and from 30 August to 3 September 1999.

The Assembly would request the Secretary-General to ensure that the Organization adequately responds to the needs of States, the newly established institutions under the Convention and other competent international organizations by providing advice and assistance, taking into account the special needs of developing countries. It would also request the Secretary-General to ensure that in carrying out his responsibilities under the Convention, those activities were not adversely affected by savings under the United Nations approved budget.

Among other provisions of the draft, the Assembly would urge all States, in particular coastal States in affected regions, to take all necessary measures to prevent and combat incidents of piracy and armed robbery at sea and to cooperate or investigate such incidents, and to bring the alleged

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perpetrators to justice, in accordance with international law. It would also call on States to cooperate fully with the International Maritime Organization (IMO) to combat piracy and armed robbery against ships, including by submitting reports on incidents to that Organization.

The sponsors of the draft are Australia, Austria, Brazil, Canada, China, Costa Rica, Cote d'Ivoire, Cyprus, Czech Republic, Federated States of Micronesia, Fiji, Finland, France, Germany, Guinea-Bissau, India, Indonesia, Ireland, Italy, Jamaica, Japan, Kenya, Malta, Mexico, Monaco, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nigeria, Norway, Papua New Guinea, Portugal, Russian Federation, Samoa, Senegal, Slovenia, Solomon Islands, South Africa, Sri Lanka, Sudan, Sweden, Trinidad and Tobago, Ukraine, United Kingdom and Uruguay.

By the terms of the draft resolution on large-scale pelagic drift-net fishing (document A/53/L.45), the Assembly would urge authorities of members of the international community that have not yet done so to take greater enforcement responsibility to ensure full compliance with resolution 46/215 calling for a global moratorium on large-scale pelagic drift-net fishing, and to impose appropriate sanctions, consistent with international law obligations, against acts contrary to that resolution. It would also call on States to ensure that no fishing vessels entitled to fly their national flags fished in areas under the national jurisdiction of other States, unless authorized by the coastal State or States concerned. It would urge States, international organizations and regional and subregional fisheries organizations to take action, including through assistance to developing countries, to reduce by-catches, fish discards and post-harvest losses.

It would reiterate its call on development assistance organizations to support efforts of developing coastal States, particularly the least developed countries and the small island developing States, to improve the monitoring and control of fishing activities and the enforcement of fishing regulations.

It would also request all participants to adopt the outcomes of the technical consultation of the FAO, held in Rome from 26 to 30 October, and encourage States to act responsibly at the national, regional and global levels to implement the action plans or guidelines, in particular those for the management of fishing capacity. It further calls upon States and other entities that have not yet ratified or acceded to the 1995 Fish Stocks Agreement, to consider doing so at the earliest possible time, and to consider applying it provisionally.

The sponsors of the draft are Australia, Federated States of Micronesia, Fiji, Marshall Islands, Namibia, New Zealand, Papua New Guinea, Samoa, Singapore, Solomon Islands, South Africa and the United States.

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Statements

MARJA LEHTO (Finland) introducing the draft resolution on the Law of the Sea (document A/53/L.35), said that Algeria, Croatia, Poland and Singapore had joined as co-sponsors. She said the text was the result of a series of open- ended consultations among delegations. It welcomed the increase in the number of States parties to the Convention, and encouraged those States which had not yet done so, to become parties. Ensuring a coordinated approach to implementation of the regime and adherence to the legal regime it established was the greatest priority.

The draft called upon States to harmonize their national legislation with the Convention's provisions, and to withdraw any declarations that were not in conformity with it. The three institutions established by the Convention had begun substantive work. The financial situation of the International Seabed Authority and the International Tribunal for the Law of the Sea, however, was of concern.

She said the draft called on all States parties to the Convention to pay their assessed contributions on time and in full. It noted with satisfaction the first judgement of the Tribunal delivered on 4 December 1997. The text also recalled the comprehensive dispute settlement system established in part XV of the Convention and encouraged States parties to consider making a declaration choosing from the means of dispute settlement set out in article 287.

She said that, as noted by the Secretary-General in his report, the increasing number of incidents of piracy and armed robbery at sea, as well as the violence of some attacks, required urgent attention. The draft called upon States to investigate such incidents, bringing the alleged perpetrators to justice, and to cooperate fully with the IMO to combat the problem.

The draft also expressed interest in the ongoing work at the United Nations Educational, Scientific and Cultural Organization (UNESCO) towards a convention relating to the underwater cultural heritage. It stressed that the instrument to be elaborated for its implementation should be in full conformity with the relevant provisions of the Law of the Sea Convention.

Emphasis was also placed on the importance of education and training in the field of ocean affairs and the law of the sea. To that end, she said, Member States and others in the position to do so were invited to contribute to the Hamilton Shirley Amerasinghe Memorial Fellowship Programme and the training activities under the TRAIN-SEA-COAST programme of the United Nations Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs. The importance of reliable hydrographic and nautical information for the safety of navigation was also stated in the draft, which invited States to cooperate in that field.

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In conclusion, she said, the draft recalled that the oceans and the seas would be the main theme for the activities in 1999 of the United Nations Commission on Sustainable Development.

CLAIBORNE PELL (United States), introducing the draft resolution on large-scale pelagic drift-net fishing (document A/53/L.45), said the call for consistent application of the Convention on the Law of the Sea, which was contained in the draft, was extremely important; declarations and statements that were not in conformity with that instrument should be withdrawn.

He said that at the last meeting of States parties to the Convention, the United States had listened intently to the voices of the non-governmental community, which addressed concerns related to the continuing threats of piracy and armed robbery against ships and economies. That was a real and substantial problem, which demanded proactive responses, and he urged all States to become party to the Maritime Terrorism Convention and its related protocol by the year 2000, and to support the efforts of the IMO to suppress those threats.

He said the United States also pledged its support for the efforts to deter and punish parties engaged in dangerous migration practices, as well as for the efforts of the United Nations Crime Commission to combat transnational organized criminal activity in the trafficking of persons.

In the past year -- the International Year of the Ocean -- major emphasis had been placed upon sustainable fisheries, he continued. Important progress had been achieved on new global fisheries initiatives. All countries should actively participate in the session of the FAO Committee on Fisheries early next year. He also reiterated the urgent need for entry into force of the United Nations Fish Stocks Agreement and the FAO High Seas Fishing Vessel Compliance Agreement. Next year, the theme of oceans and fisheries would be taken up by the United Nations Commission on Sustainable Development. The most effective way that nations could promote sustainable fisheries was to implement the provisions of all relevant agreements on the issue.

He noted that within a few months, a review of the oceans chapter of Agenda 21 in the Commission on Sustainable Development would begin. In that review, it was necessary to keep in mind that the Law of the Sea Convention set out the rights and obligations of States and provided the international basis for protection and sustainable development of the marine and coastal environment.

Noting that the draft resolution also referred to the work of the Independent World Commission of the Oceans, he said that many of its ideas should be given consideration by Member States. However, the United States wanted to register its concern that some of the recommendations contained in its report were inconsistent with the Law of the Sea Convention. His

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country's support for the resolution could not be seen as an endorsement of the conclusions reached in the World Commission's report. More concerted effort was needed to give full force and effect to the 1995 Global Program of Action on the protection of the marine environment from land-based activities.

LILLY SUCHARIPA (Austria), speaking for the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Poland, Romania, Slovakia, Slovenia and Cyprus, expressed concern at the increasing number of instances of piracy and armed robbery against ships, as well as the increased violence in such attacks. The European Union urged all States, particularly coastal countries in affected regions, to take all possible action to prevent incidents of piracy and armed robbery at sea, and to investigate and bring those concerned to justice.

She said the Union was also concerned about the escalation in the illegal trafficking in, and transport of, migrants. That was a particularly reprehensible form of organized crime. It jeopardized the lives of the individuals who were being smuggled, while the perpetrators earned profits and escaped justice.

A number of States had enacted legislation that seemed to run contrary to the Convention and customary law, she said. Respect for the integrity of the Convention must be maintained and guarded. The European Union was also concerned about any development which amounted to creeping jurisdiction, be it through excessive claims or extensive interpretation of the Convention, since such a development would restrict the fundamental principle of the freedom of the high seas. Moreover, the Union urged the widespread implementation of the Code of Conduct for responsible fisheries in relation to the working practices of the national fisheries sector. Application of the Code would contribute significantly to the emergence of sustainable, equitable and safe fisheries industries at all levels of investment.

She said the Union also recognized the important functions of coastal ecosystems and the value of the services they had provided to human welfare. The degradation of sensitive coastal ecosystems such as coral reefs and mangrove forests had the effect of increasing the extent and depth of poverty in coastal communities. Such habitats should be conserved and managed sustainably.

The President of the Assembly, DIDIER OPERTTI (Uruguay) announced that he intended to convene a meeting of the Open-Ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council and other Matters. He said that according to Paragraph 7 of Assembly resolution 40/243, "no subsidiary organ of the Assembly may meet at the United Nations headquarters during a regular session of the Assembly unless explicitly authorized by the Assembly". The Assembly then authorized the meeting without a vote.

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PAUL BADJI (Senegal), said Belgium, the Lao People's Democratic Republic, Nepal, Poland and Suriname had become party to the United Nations Convention on the Law of the Sea since the eighth meeting of the States parties to the Convention last May. And 77 per cent of coastal Sates had also agreed to be legally bound by it. At that rate, there could soon be universal participation in the Convention. At the eighth meeting of parties, the budget was a priority matter, with much emphasis being placed on the 1999 draft budget of the International Tribunal. The meeting also dealt with the work of the Commission on the Limits of the Continental Shelf, addressing points of interpretation that had arisen when the rules of procedure were being drafted.

He said the Tribunal's budget for 1999 was reduced by $979,834, but despite that reduction, it should still be able to carry out its duties in the terms of the Convention. Arrears by many States parties were increasing; the amounts owed could jeopardize the future of the Tribunal and hinder its performance in addressing maritime disputes. He appealed to those parties to discharge their responsibilities as soon as possible, and to pay their contributions in full.

He said that while shipping in the last 10 years had not faced any crises, the attention of the international community was being increasingly drawn to activities that were harmful to international sea trade. He cited piracy, the working conditions of seafarers and the inability of some States to discharge responsibilities established by the Convention. States should take the necessary measures to combat piracy and to deal with problems facing seafarers.

JACQUES LOUIS BOISSON (Monaco) said that his country, because of its geographical position, owed much to marine and ocean activities. In March this year, his Government had updated legislative provisions to reflect international norms and legalities, guided by the 1982 United Nations Convention on the Law of the Sea. As an ecosystem, its current laws had two aims: to achieve the safety of navigation and seafarers and respect for the marine environment.

To that end, he said, the new maritime code had three components, that of the sea, individuals and navigation. Those components covered pollution and exploitation of the seabed and subsoil, provisions relating to the protection of passengers, the maintenance of ships in a state of navigability, social protection, including working conditions and the settlement of seafarers' disputes. The use of rules relating to navigation such as freight, transport, insurance and pollution certificates was also addressed.

He said that as the host country of the International Hydrographic Office, his Government attached importance to that office for its efforts in marine protection. The maritime countries had the responsibility to provide vital nautical information on their waters, which were indispensable for

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navigation and maritime communications. Both were key factors for the protection of the environment and required for national offices.

He said he supported the work of competent non-governmental organizations in environment and development, such as the one in Monaco currently working to establish a regime on the semi-closed Mediterranean sea. Threats to natural resources and water came from urban development and tourism, sometimes irreversibly affecting ecosystems that were the very sources of sustainable development. Regional agreements, such as the one on the Mediterranean for combating pollution, were also beneficial.

MASAO NAKAYAMA (Federated States of Micronesia), for the Member States of the South Pacific Forum, said the ocean was of immense importance to the island countries of that Forum. Collectively, they occupied a vast area of the Pacific Ocean, comprising almost one-third of the entire surface of the planet. For centuries, the resources of the ocean had been the key to the economic survival of many of the States in that area. Against that background, they were concerned that the great potential of the ocean could not be realized if persisting human pollution and the issue of environmental protection and management were not addressed in a comprehensive manner.

He said they welcomed the decision of the international community to declare 1998 as the International Year of the Ocean, and called upon all to re-dedicate themselves to protecting and safeguarding the ocean environment from activities that might endanger it. They also welcomed the trend towards universal adherence to the legal regime established by the United Nations Convention on the Law Of The Seas. Cooperation among States was essential for the successful implementation of Convention. In the Pacific, they had initiated dialogue with the distant nations who fished in their waters.

The Member States of the South Pacific Forum, he continued, called on developed States to honour their obligations to assist the Forum countries with ocean management and conservation. Those countries attached particular importance to, and strongly supported, the resolution on drift-net fishing, unauthorised fishing, fisheries by-catch and discards, and related problems. It was disappointing to note the continuation of drift-net fishing, in contravention of the moratorium agreed upon by the international community. All States should ban such practices, with immediate effect.

Unauthorized fishing was a crucial issue for the South Pacific, he added. In that connection, the member States of the Forum endorsed the call in the related draft resolution, for development assistance in the monitoring and control of fishing activities. Assistance should also be given to developing coastal States, in particular, small island developing States, to enable them to attend significant negotiations on fisheries and other marine issues in the international arena.

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ARIZAL EFFENDI (Indonesia) said the operation of all the institutions created by the Convention on the Law of the Sea attested to the fact that the Convention had paved the way for the implementation of a universal legal framework governing the world's oceans and for regulation in that field. The full realization of the Convention required cooperation of great magnitude, going well into the future. Towards that end, the role of the Division for Ocean Affairs and the Law of the Sea as the focal point for coordination and integration should be further strengthened.

He said Indonesia was enacting and codifying relevant legislation and revising national laws and regulations to ensure conformity with the provisions of the Convention on the Law of the Sea. Aware of the fragility of the ecosystem of the Indonesian archipelagic waters, threatened by land-based and vessel pollution, Indonesia was working towards ensuring integrated and sustainable utilization of its waters. Towards that end, Indonesia, in cooperation with Norway, had carried out a study of integrated coastal and marine biodiversity management, and had also initiated a national coastal and marine management project with the assistance of the Asian Development Bank.

His country had also established a National Maritime Council and participated in regional cooperation through the Association of South-East Asian Nations (ASEAN) and other organizations. It had concluded a number of maritime agreements with neighbouring countries.

He said the world's marine fisheries resources continued to decline by 35 per cent, and in that connection the 1995 Fish Stocks Agreement and the Code of Conduct for Responsible Fisheries and the Declaration by last year's Third Conference of Ministers of Fisheries were important initiatives. Piracy and armed robbery against ships were also a growing problem. In 1997, there had been 47 reported incidents of attacks in and around Indonesia. Enhanced cooperation on all levels was indispensable for tackling that problem. As financial constraints made it particularly difficult for the developing countries to combat crimes at sea, his country supported the initiatives by the IMO in that regard.

THORSTEINN INGOLFSSON (Iceland) said that his country's long-standing experience in ocean affairs had taught it that it was important to distinguish between global problems, which should be met by international measures, and localized problems, which should be resolved through local and regional means. The importance of regional management of marine resources could not be overstated, and it was not only a matter of national sovereignty but also vital for securing sustainable harvesting. International cooperation should be of a supportive nature rather than to aim at building international management regimes.

Although Iceland had traditionally been a co-sponsor of resolutions on the ocean and the Law of the Sea, he said, draft resolution L.35 contained new

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elements that it could not support. The report of the Independent World Commission on the Oceans, written by an independent commission, did not reflect the experience and perspectives of all United Nations Members. Most importantly it was not in conformity with the Law of the Sea Convention. It was imperative to preserve the integrity of the provisions of the Convention.

He said the report also misrepresented certain historical facts and advocated an approach that would undermine national sovereignty and sustainable harvesting of marine living resources. Moreover, it advocated a global institutional approach towards the conservation of the ocean and its resources, which was not acceptable. It would tend towards moving the management out of the hands of those who had the knowledge and experience to manage it in a sustainable manner, and placing it in the hands of people and institutions far removed from the complexities of managing fisheries resources. Therefore, Iceland would abstain in the vote.

GEORGE SALIBA (Malta) said the Mediterranean was witnessing a substantial increase in illegal trafficking of migrants by sea. All governments concerned, those from where illegal migration started and those where those people ended their difficult journey, had to cooperate and find ways to put a stop to that crime. Recently, in the Mediterranean, traffickers had seen, ready to throw innocent people overboard when they were in danger of being caught by coastguard patrols. Strong action was needed to try to stop that illegal and inhuman trade, including sentences that would discourage such acts. People prepared to trade on the misery of others should not find refuge in the lack of legal instruments or cooperation between states.

He said another major concern of Malta was fishing, and his country had taken the initiative in the General Fisheries Commission for the Mediterranean of the FAO, concerning large-scale pelagic drift-net fishing. It had also supported efforts to eliminate that practice from the region, a practice which was rapidly depleting one of the natural resources of the Mediterranean. Malta was satisfied with the decision taken by the European Union in June to eliminate drift nets over a period of three-and-a-half years. It hoped that all Mediterranean countries, and those that used the Mediterranean for fishing purposes, would adopt a similar position in the shortest possible time.

Malta hoped that legal and technical experts would be able to reach agreement soon on rules and procedures for the determination of liability and compensation for damages resulting from marine pollution.

OLE PETER KOLBY (Norway) said he was concerned with the information in the Secretary-General's report relating to States' attempts through declarations to attach conditions which might modify the legal effects of provisions of the Convention on the Law of the Sea. The success of the Convention depended on respect for its provisions, its unified character and the need to harmonize national legislation with the Convention.

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He said Norway reserved its position with regard to the desirability of the proposed Convention on Underwater Cultural Heritage, in preparation at UNESCO. The draft under discussion contained regulations of important jurisdictional issues which were not in conformity with the principles of the sea law convention. It was important to avoid any new regulation that could disturb the carefully balanced package of jurisdiction in maritime areas reflected in the Convention.

Any new regulations for the protection of the underwater cultural heritage had to be in full conformity with the relevant provision of the Convention, including those concerning the sovereign rights and jurisdiction of the coastal State and the rights and duties of the flag State. He said Norway was also concerned about whether or not UNESCO was the appropriate forum for the negotiation and adoption of such a convention. It was concerned by the proliferation of negotiating processes and decision-making in a number of international bodies, and the conclusion of new international agreements with direct relevance to the international order of the seas.

A sound development of fisheries resources was fundamentally significant to Norway, he continued. It had to be recognized that fisheries management had failed to protect resources from being over-exploited and fisheries from being economically inefficient. The main causes seemed to be a lack of political will to make difficult adjustments, lack of control of fishing fleets by flag States and continued use of destructive fishing practices. The status of fisheries on the high seas was in certain cases so alarming that one could not await the entry into force of the 1995 Fish Stocks Agreement to take action. Unregulated fisheries needed to be brought under control and that was a precondition for the sustainable development of important fisheries.

ROBERTO JORDAN PANDO (Bolivia) said the institutions established under the Convention of the Law of the Sea were developing successfully. Special attention should be given to the importance of the oceans for the well-being of the planet and to preserving the environment. Social and economic development of the world could benefit by utilization of the oceans, which offered new opportunities and presented new challenges.

Of particular importance for Bolivia, he said, was the Assembly's resolution of 18 December 1997 on the problems of land-locked countries. Bolivia had been deprived of its natural coastline as a result of a war which left it without access to the sea. It was thus in a temporary situation where it was deprived of its sovereign rights. The situation dictated a necessity to conclude some regional cooperation agreements giving restricted free transit to the sea.

In that context, he went on, Part X of the Convention on the Law of the Sea was of fundamental importance for his country. Recent economic studies had shown the great negative impact of lack of access to sea on the economic

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growth of landlocked countries. Bolivia's losses were more than $4 billion per year; international cooperation, especially in the area of transit transport, was of enormous importance for dealing with that reality.

To consider sectoral and comprehensive development in that area, he said, Bolivia would welcome the convening of a meeting of governmental experts in 1999, with participation of the developing and donor countries and financial institutions.

FERNANDO PETRELLA (Argentina) said his country saw a universal trend to support the institutions established by the Law of the Sea Convention. The International Seabed Authority, the International Tribunal on the Law of the Sea and the Commission on the Limits of the Continental Shelf were all doing substantial work. The Convention had made it possible for stable relations among States, and had therefore contributed to international peace and security. The increase in and global dissemination of organized crime had affected maritime transport and was a matter of great concern. Efforts must be stepped up to combat that issue and the acts of piracy and armed robbery against ships.

He said the ocean was also of great importance to the world economy. His own country had a 4,500-kilometre coastline and enormous resources. It therefore wished to preserve the marine environment, and to that end it had an active policy to conserve and preserve its marine resources and had put laws in place to that effect. It was disturbing that despite the adoption of agreements in 1995 on trans-border and highly migratory fishing, there was still nothing to ensure the application of the measures to protect fishing resources or combat harmful fishing practices.

M. PATRICIA DURRANT (Jamaica), on behalf of the Caribbean Community (CARICOM), noted that the social and economic development of the 12 small single-island or archipelagic States and three coastal States in the Community was inextricably linked to the sustainable development and use of the Caribbean Sea and all its resources. Members of the Community continued to regard the United Nations Convention on the Law of the Sea as an important framework for national, regional and global regulation of the oceans and their resources. In order to fulfil their commitments under the Convention, the CARICOM countries were taking steps to synchronize their national policies and legislation at the regional level.

Some had recently established national councils to achieve the integrated management of their ocean and coastal zone areas, and had also jointly established mechanisms for regional consultations on marine and coastal affairs so as to promote regional action.

The geophysical structure of the small island and coastal States made their marine ecosystems and biodiversity resources particularly vulnerable to

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natural disasters as well as human activities, including damage to coral reefs, she said. There should be increased international cooperation in scientific research on the genetic resources of the sea, as well as on underwater cultural heritage in all regions of the world. The Agreement governing the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks was an important element of the implementation of the Convention on the Law of the Sea, she said. Some States were informally applying that Agreement on a provisional basis and the majority were currently taking steps to ratify it and to adopt legislation to facilitate its implementation. The CARICOM delegations also considered it important for States to adhere to the Code of Conduct for Responsible Fisheries.

She referred to the concern of Caribbean nations over the ecological threat to their marine space, as a result of the transportation of hazardous waste and nuclear fuel by sea. Such international bodies as the IMO and the International Atomic Energy Agency (IAEA) should promote increased scientific research and increased public awareness of the potential dangers of those substances to both land-based and marine resources. The CARICOM governments were equally concerned about the increasing use of the oceans as well as the territorial waters of coastal areas for criminal activity at sea, including piracy, armed robbery and the illicit trafficking in drugs and firearms. The United Nations must take steps to strengthen the maritime law enforcement capacity of States, particularly the small island developing States around the world.

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