COMMISSION ON LIMITS OF CONTINENTAL SHELF REVIEWS ISSUES OF TRAINING AND CONFIDENTIALITY
Press Release
SEA/1697
COMMISSION ON LIMITS OF CONTINENTAL SHELF REVIEWS ISSUES OF TRAINING AND CONFIDENTIALITY
20000922NEW YORK, 22 September (Division for Ocean Affairs and the Law of the Sea) - The Commission on the Limits of the Continental Shelf completed its eighth session, which was held from 28 August to 1 September. The function of the Commission is to receive submissions from coastal States containing data and other information to establish the outer limits of their continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured (hereinafter referred to as an extended continental shelf).
The main issues on the agenda were matters relating to training and to the issue of confidentiality. The Commission once more indicated its readiness to receive submissions.
As part of its action plan on training, the Commission had already prepared a basic flow chart for preparation of a submission of a coastal State to the Commission on the Limits of the Continental Shelf at its seventh session. At this session, it completed the preparation of an outline for a five-day training course for experts, especially in developing States, who would be preparing the submissions for an extended continental shelf to the Commission.
The Commission also discussed the issue of confidentiality, and adopted additional provisions to Annex II to its Rules of Procedure (CLCS/3/Rev.2).
Training
During the session, the Chairman of the Commission, Yuri Kazmin, recalled that several tasks within the action plan on training adopted by the Commission at its sixth session (CLCS/18, paras. 14 to 18) had already been accomplished. Letters inquiring about possibilities for training activities for those preparing submissions had been dispatched to intergovernmental organizations relevant to the work of the Commission, namely to the International Hydrographic Organization (IHO) and the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Relevant portions of General Assembly resolution 54/31 reflected general support for the Commissions activities, and for the action plan on training, in particular.
The purpose of the training activities was to promote a better understanding of article 76 of the Convention as well as of the Scientific and Technical
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Guidelines (CLCS/11 and Add.1), in particular, taking into account the needs of developing States, in order to assist those States in the preparation of their submissions to the Commission.
In furtherance of that aim, the Commission prepared an outline for a five- day training course and decided: (a) to request the Secretariat of the United Nations, namely its Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, to include in its work programme the preparation of a technical publication in the form of a training manual, based on the basic flow chart for preparation of a submission, on the understanding that the publication would be part of the series of technical publications prepared independently by the Division within its general mandate, as specified by relevant resolutions of the General Assembly; and (b) to request the Secretariat to prepare, in close cooperation with the members of the Commission and on the basis of a detailed training course outline, as well as information to be provided in writing by the Commission, a cost estimate for an initial five-day training course. For details on the factors to be taken into account in preparing the estimate, see the statement by the Chairman of the Commission on the Limits of the Continental Shelf on the progress of work in the Commission (seventh session, CLCS/21, 5 May 2000).
The Commission is not mandated by the Convention to conduct or organize training, though members may be involved in their personal capacities. Nevertheless, the Commission as a body felt obliged to prepare the following outline for a five-day training course in order to facilitate the preparation of submissions in accordance not only with its Guidelines, but also with the letter and spirit of the Convention.
The suggested course could be developed and delivered by interested governments, and/or international organizations and institutions which possess the necessary facilities and pedagogic and subject expertise. Preferably, the training course should be material-dependent and designed to be delivered at various locations around the world. Such a high-quality training course could then be adapted to particular needs at the regional level. The Commission expected that this course would ensure a uniform and consistent practice in the preparation of submissions to the Commission.
Confidentiality
With respect to the issue of confidentiality, a permanent Committee on Confidentiality, established at the seventh session, inter alia, to consider procedures to be followed by the Commission in case of an allegation of breach of confidentiality, further developed the Rules of Procedure, specifically amending the Rules regarding confidentiality (CLCS/3/Rev.2). At the previous session of the Commission, it was pointed out that the rules on confidentiality as originally drafted did not extend the confidentiality regime to the deliberations of the Commission, but rather covered only the material that the submitting State identifies as confidential, and Annex II (Duty to preserve confidentiality) was amended (see CLCS/21, para. 16).
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At that session, the Committee continued the discussion on the issue, holding several meetings under the chairmanship of Galo Carrera to discuss outstanding issues concerning confidentiality. The Commission adopted a new rule to be placed after the present Rule 10. The new rule requires the members of the Commission to act independently in the performance of their duties in the Commission, and not to seek or receive instructions from any government or from any other authority external to the Commission. It also required them to refrain from any action that might reflect negatively on their position as members of the Commission. Rule 5 was also amended to permit the subcommission considering submissions to restrict those who may take part in the deliberations.
Rule 4, paragraph 2, of Annex II, was amended as follows:
Rule 4
2. Only members of the subcommission and, if necessary, specialists appointed in accordance with Rule 55 shall take part in the subcommission deliberations on submissions. The Secretary and other members of the staff of the Secretariat, as may be required, shall be present. No other person shall be present except by permission of the subcommission.
Rule 5, of Annex II, was also amended as follows:
Rule 5
Enforcement of rules of confidentiality
1. The Commission shall elect a standing Committee on Confidentiality composed of five of its members to deal with issues of confidentiality. In case of an alleged breach of confidentiality by a member of the Commission, the Commission may institute appropriate proceedings. In such cases, the Committee on Confidentiality shall establish an investigating body consisting of either three or five of its members. The work of the investigating body shall be conducted in strict confidence and shall follow established procedures with regard to due process. Having completed its examination of the case, the investigating body shall prepare a report on its findings. The report shall contain the following:
(a) The allegations of a breach of confidentiality;
(b) The statement of the member of the Commission concerned;
(c) A synopsis of the evidence and the evaluation of it by the investigating body;
(d) The findings, indicating which of the allegations, if any, appear to be supported by the evidence;
(e) The conclusions of the investigating body;
(f) Dissenting or separate opinion, if any.
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2. The report shall be presented to the Commission. The Commission shall inform the Meeting of States Parties of the allegations and the results of the investigation, together with its recommendations.
3. The Secretary-General shall provide the Commission with all necessary assistance in enforcing the rules concerning confidentiality.
The Commission requested the Secretariat to reissue the consolidated Rules of Procedure, including all amendments as adopted at its seventh and eighth sessions, as document CLCS/3/Rev.3.
Trust Funds
The Commission discussed the matter of the establishment of a trust fund for the purpose of financing the participation of members from developing countries in the work of the Commission. It took note of the decisions of the tenth Meeting of States Parties to the United Nations Convention on the Law of the Sea to recommend to the General Assembly the establishment of a voluntary trust fund for the purpose of meeting the costs of participation (travel expenses and daily subsistence allowance) of the members of the Commission on the Limits of the Continental Shelf from developing countries in the meetings of the Commission (SPLOS/58).
The Commission also took note of the decision by the tenth Meeting of States Parties to recommend to the General Assembly the consideration of the establishment of a voluntary fund or funds for the purposes of: (a) providing assistance to States Parties to meet their obligations under article 76 of the Convention, and (b) providing training to developing countries, in particular the least developed among them and small island developing States, for preparing their submissions to the Commission with respect to the limits of their continental shelf beyond 200 nautical miles, as appropriate (SPLOS/59). As the Commission considered that such questions as funding and the further development of the training courses should be taken up by the States themselves, or by international organizations and institutions involved either in training, or in the scientific and technical fields relevant to the preparation of submissions, the possibility of establishing such voluntary trust funds was welcomed.
The Commission discussed the time and venue of its next sessions. It was decided to hold two sessions in 2001: the ninth session from 21 to 25 May 2001 and the tenth starting on 27 August 2001, of a duration of three weeks in the event of a submission having been filed, or of one week, if necessary, depending on the workload of the Commission.
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