SEABED ASSEMBLY RECEIVES REVISED MINING CODE DRAFT, RE-ELECTS SATYA NANDAN AS SECRETARY-GENERAL
Press Release
SEA/1670
SEABED ASSEMBLY RECEIVES REVISED MINING CODE DRAFT, RE-ELECTS SATYA NANDAN AS SECRETARY-GENERAL
20000403Ends First Half of 2000 Session; To Resume Work on Code in July
(Received from International Seabed Authority.)
KINGSTON, 31 March -- A further revised text of draft regulations for prospecting and exploration of polymetallic nodules in the deep seabed was circulated this morning as the Assembly of the International Seabed Authority concluded the first half of its current session in Kingston.
The Assembly, by acclamation, re-elected Satya N. Nandan to a second four-year term as Secretary-General. Mr. Nandan, whose name had been proposed by the Council of the Authority on Tuesday, 28 March, is the first Secretary-General, having served since his initial election in March 1996. (See Press Release BIO/3284-SEA/1670 issued today.)
The revised text circulated today (ISBA/6/C/2) was prepared by the secretariat together with Council President Sakiusa A. Rabuka (Fiji), in light of discussions which occupied the Council throughout most of the two weeks since the Authority began its sixth session on 20 March. It includes reworded provisions on some key issues that were left unresolved in the Council's previous work on the draft, which began in 1998. (For highlights of changes from the earlier version of the text, see the round-up of the session, press release SEA/1671.)
In closing remarks, Secretary-General Nandan observed that the Council had made "substantial progress" in resolving remaining issues. However, some delegations expressed disappointment with the results thus far. All speakers voiced hope that the Council could meet its goal, set last August, of finishing work on the draft regulations at the final part of this year's session, set for 3-14 July in Kingston, the headquarters of the Authority.
In other action this morning, the Assembly approved the report of its Credentials Committee, which had accepted the credentials of representatives to the session. The Assembly was informed that 73 members had submitted credentials, formal or otherwise. Committee Chairman Isabelle A.V. van Tol (Netherlands) reported that 57 of those had been recorded at its first meeting on Tuesday,
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28 March, and a further 15 at a second meeting this morning. Assembly President Liesbeth Lijnzaad (Netherlands) announced that credentials had been received since then from another member (Greece).
President Lijnzaad, stating that attendance at the session was a cause for concern, appealed to States that had not attended the first part of the session to send representatives to the July meetings. She stressed that States must bear in mind that being a party to the 1982 United Nations Convention on the Law of the Sea implied a commitment to participate in the work of the Authority.
Comments on Draft Regulations
Council President Rabuka read out today a brief report on the Council's work during the past two weeks (ISBA/6/C/3), during which it held informal consultations on the draft regulations on polymetallic nodule exploration. In light of the "constructive discussions", he stated, the secretariat, together with the President, had prepared a further text, revised from the version based on last year's work (ISBA/5/C/4/Rev.1). "The Council agreed to continue its discussions on the draft, together with other outstanding issues in relation to the draft regulations, during the second part of the session", he stated.
Commenting on the work, Germany saw the election of the Secretary-General as "the only tangible result of this session". Despite the compromise position Germany had attempted to put forward, the lack of progress on the mining code did not bode well for the July meetings. The speaker observed that the existence of the Authority hinged on progress on the code, a point he suggested that delegates, particularly those among the Latin American and Caribbean Group, should bear in mind.
Mexico, speaking of the need to provide the Legal and Technical Commission with confidential information from seabed contractors about their activities, said the Commission had the important duty of guaranteeing confidentiality. To ensure the suitability of that body for such work, it should return to its original composition of 15 members, as the current membership (of 23) had been arrived at without applying the requirements of economy, efficiency, equitable geographical distribution and representation of special interests. Further, if managers or employees of interested companies were members, the Commission would lack the requisite integrity and professional ethics. The Council should "strictly apply in future elections the condition that requires members of the Commission not to have financial interest, directly or indirectly, in any activity relating to exploration and exploitation" in the seabed.
Jamaica, speaking on behalf of the Latin American and Caribbean Group, voiced concern at the omission from the redrafted mining code of suggestions made by delegates from that group. Two weeks of intensive debate had failed to resolve the contentious issues -- namely, application of the precautionary principle to prevent environmental damage, certain aspects relating to the adequate protection and preservation of the marine environment, and safeguarding the confidentiality of data and information provided by contractors. Jamaica also reiterated the group's view that its candidate for the Commission, elected by the Council on 22 March,
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should have been elected to a five-year term and would be proposed again at the next election for the full membership.
The Republic of Korea felt that considerable progress had been made on the mining code because delegations had been able to identify more clearly their differences on key areas.
Nigeria, for the African Group, said the negotiations presented a difficulty in balancing the interests of all concerned -- protection of investment and protection of the interests of mankind. "Unfortunately ... not much progress has been made."
The Czech Republic, for the Eastern European Group, said it had not given up hope that work on the mining code would be completed in July, but urged a greater level of attendance by member States. The Authority should set as its next task the adoption of new regulations concerning polymetallic sulphides and cobalt-rich crusts as proposed by the Russian Federation last August.
With regard to the work done on the draft mining code during the past two weeks, Secretary-General Nandan remarked that the Council had addressed the outstanding issues. "All in all, the results of discussion on each issue seem to give us optimism that we have made progress", he remarked. The "substantial progress on a number of key areas" was reflected in the revised draft circulated by the secretariat.
Election of Secretary-General
Australia, the Czech Republic, Jamaica, Nigeria and the Republic of Korea, all speaking on behalf of their regional groups, expressed their full support of Mr. Nandan to serve a second term as Secretary-General.
Thanking the members for their renewed confidence in him as Secretary-General of the Authority, Mr. Nandan remarked that he would continue to rely on their guidance and goodwill. He described the Authority as an "infant organization" which had "come a long way" given the controversy that surrounded its conception. The Authority was the first organization of its kind established to administer the resources of a part of the global commons. It was "a very important experiment on the part of the international community and its success or failure would be very significant for cooperation in other areas".
He added that the Authority, through its scientific workshops, had made considerable progress in its quest to reach out beyond the intergovernmental sphere to involve engineers, technicians and economists in its work. Two of these workshops had already been conducted, in 1998 and last August, and another was scheduled for late June. The secretariat had already received letters from various sources offering to contribute to the forthcoming workshop by sharing knowledge gained from practical work in the field.
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