SMALL ISLAND STATES AND OTHERS SPEAK OUT ON IMPORTANCE OF MARINE ENVIRONMENT IN GENERAL ASSEMBLY

Press Release
GA/9798

SMALL ISLAND STATES AND OTHERS SPEAK OUT ON IMPORTANCE OF MARINE ENVIRONMENT IN GENERAL ASSEMBLY

It was a blatant and persistent misuse of the Caribbean Sea to use it for trans-shipment of nuclear waste, the representative of Trinidad and Tobago told the Assembly this afternoon, as it continued its consideration of oceans and the law of the sea. The region continued to live under the threat of a possible accident, knowing full well that a single accident could have devastating consequences for present and future generations of Caribbean peoples, she continued.

Small island States were particularly dependent on, and influenced by, the coastal and marine environment, Jamaica’s representative, speaking on behalf of the Caribbean Community, told the Assembly. The Caribbean islands were particularly exposed to natural phenomena, which played a principal role in the deterioration of coastal and marine environments. The devastating effect of hurricanes, floods and climate changes could not be overemphasized. The United Nations should play an integral role in ensuring that developing countries were afforded equal opportunity in global management and sustainable development of living marine resources, she added. New approaches to marine science, and technology and management, which took into account the needs and concerns of developing countries, were needed. The transfer of marine science and technology was important, and should be addressed by the United Nations system and the whole international community.

Ukraine’s representative placed special emphasis on the problem of the prevalence of illegal, unregulated and unreported fishing, which was not only detrimental to fish stocks but also to the management of living marine resources by coastal States. In most cases, it was non-compliance with exclusive economic zones that contributed to the problem. He stressed that a coastal State was entitled to use all means provided under international law and under the Convention, including enforcement measures such as boarding, inspection, arrest and judicial proceedings, to deter and penalize such illegal activities.

The increased number of illegal practices made obvious the urgent need for better cooperation, he said. On the other hand, the restrictive character of collective measures taken within the framework of regional fisheries organizations did not always fully correspond to the real need for rational exploitation and conservation of marine living resources. Sometimes those measures were implicitly aimed at meeting the interests of a limited group of countries, while interests of other countries -- in particular, those of distant fishery States -- suffered.

General Assembly Plenary - 1a - Press Release GA/9798 43rd Meeting (PM) 27 October 2000

The representative of the Solomon Islands said problems of over-exploitation of living marine resources, excess fishing capacity, by-catch and discards, and illegal, unregulated and unreported fishing, seriously undermined the economic base, food security and, above all, the human security of coastal States. The international community, especially the Food and Agriculture Organization, must redouble its efforts to address that problem. Similar efforts were required in addressing marine pollution and the impacts of climate change such as the El Niño phenomenon, he said. The damaging effects of El Niño were particularly alarming as they directly threatened the survival of both the coastal marine ecosystem and the communities that depended on reefs.

Representatives of Brazil, Australia, Uruguay, Malta, Egypt, Belize, Argentina, Samoa, Fiji, Saint Vincent and the Grenadines, Guyana, Indonesia, Federated States of Micronesia, Russian Federation, Papua New Guinea and Yemen also spoke.

The Assembly will meet again Monday, 30 October, at 10 a.m., to continue its consideration of oceans and the law of the sea and to take up, among other items, consideration of peace, security and reunification on the Korean peninsula.

General Assembly Plenary - 3 - Press Release GA/9798 43rd Meeting (PM) 27 October 2000

Assembly Work Programme

The fifty-fifth regular session of the General Assembly met this afternoon to conclude its debate on oceans and the law of the sea and take action on two draft resolutions. [For further information on this issue, see press releases GA/AB/9796 and GA/AB/9797 of 26 October.]

A draft resolution (document A/55/10) on oceans and the law of the sea, was sponsored by Australia, Barbados, Belgium, Brazil, Canada, Chili, Federated States of Micronesia, Fiji, Finland, France, Germany, Greece, Guatemala, Guyana, Iceland, Ireland, Italy, Japan, Lesotho, Malta, Marshall Islands, Monaco, Mongolia, Namibia, Nauru, Netherlands, New Zealand, Nigeria, Norway, Papua New Guinea, Philippines, Portugal, Republic of Korea, Samoa, Sierra Leone, Solomon Islands, Sri Lanka, Sudan, Suriname, Sweden, Tonga, Trinidad and Tobago, Ukraine, United Kingdom, United States and Uruguay.

By its terms, the Assembly would call upon all States to become parties to the Convention on the Law of the Sea, and to harmonize national legislation with the Convention's provisions and ensure their consistent application.

The Assembly would urge the international community to assist developing countries and, particularly, small island developing States to acquire data and prepare charts or lists of geographical coordinates for publication under the various articles of the Convention and to prepare other information called for in the Convention.

It would ask the Secretary-General to establish a voluntary trust fund to assist States to settle disputes through the Tribunal, invite contributions to it, and report annually to States party on the status of that fund. The Assembly would also call upon States to consider ratifying or acceding to the Agreement on the Privileges and Immunities of the Tribunal and to the Protocol on the Privileges and Immunities of the Authorities.

It would ask the Secretary-General to establish another voluntary trust fund for training of technical and administrative staff, the provision of personnel, and technical and scientific advice to assist developing States in planning and providing information called for in the Commission on the Limits of the Continental Shelf's Scientific and Technical Guidelines, and to report annually on the status of that fund.

By other terms, the Assembly would call on donor agencies to keep their programmes under review to ensure all States had the economic, legal, navigational, scientific and technical capacities and skills necessary for full implementation of the Convention on the Law of the Sea and for the sustainable development of the oceans and seas, and, in doing so, to bear in mind the rights of landlocked developing States.

The Secretary-General would be asked, in cooperation with competent organizations and programmes, to review efforts to build capacity, as well as to identify duplication and gaps, to ensure consistent approaches in implementing the Convention, and to include information on those efforts in his annual report on oceans and the law of the sea.

By other terms, the Assembly would urge States to continue development of a Food and Agriculture Organization (FAO) international plan of action on illegal, unregulated and unreported fishing as a priority, and to prioritize action on marine pollution from land-based sources. It would urge States to take all practical steps, in accordance with the International Convention for the Prevention of Pollution from Ships, to prevent pollution from ships and from dumping.

States would also be urged to take measures to prevent and combat incidents of piracy and armed robbery at sea, including through regional cooperation, to investigate or cooperate in the investigation of such incidents wherever they occur, and to bring perpetrators to justice, in accordance with international law. For that, it would call on States to cooperate fully with the International Maritime Organization (IMO) and to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its protocol.

The Assembly would recommend the second meeting of the Consultative Process, established by Assembly resolution 54/33 to review developments in ocean affairs, organize its discussions around the areas of marine science, and the development and transfer of marine technology, as agreed. The Secretary-General would be asked to establish a voluntary trust fund to assist developing countries to attend meetings of the Consultative Process and invite States to contribute to this fund.

Another draft resolution, on oceans and the law of the sea: large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas, fisheries by-catch and discards, and other developments (document A/55/L.11), was sponsored by Australia, Barbados, Canada, Federated States of Micronesia, Fiji, Marshall Islands, Namibia, Nauru, New Zealand, Papua New Guinea, Philippines, Samoa, Solomon Islands, South Africa, Tonga and the United States.

By the terms of that draft, the Assembly would reaffirm the importance it attaches to the long-term conservation, management and sustainable use of marine living resources of the world’s oceans and seas, and the obligation of States to cooperate to this end, in accordance with international law. All States would be encouraged to implement the FAO international plans of action for reducing the incidental take of seabirds in longline fisheries, for the conservation and management of sharks, and for the management of fishing capacity.

By other terms in the draft, the Assembly would urge those that have not already done so to reduce by-catch, fish discards and post-harvest losses.

The Assembly would call upon States and others entities to ratify or accede to, and consider applying provisionally, the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks provisions of the Convention on the Law of the Sea. It would also call on them to take measures to deter reflagging of fishing vessels flying their flag to avoid compliance with obligations, to ensure that fishing vessels entitled to fly their flag did not fish in areas under the national jurisdiction of other States unless authorized, or fish on the high seas in contravention of conservation and management measures.

The Assembly would urge States to continue development of an FAO international plan of action on illegal, unreported and unregulated fishing, so that body's Committee on Fisheries would be in a position to adopt elements of it for inclusion in a comprehensive and effective plan of action at its twenty-fourth session.

The Assembly would also appeal to all concerned to promote the application of the FAO Code of Conduct for Responsible Fisheries within their areas of competence. It would invite the FAO to continue its cooperative arrangements with United Nations agencies on illegal, unreported and unregulated fishing, and to report on priorities for cooperation and coordination in this work to the Secretary-General for his annual report on oceans and the law of the sea.

The Assembly would call upon the FAO, the IMO, regional and subregional fisheries management organizations and arrangements, and others to take up the issue of marine debris as a matter of priority and, where appropriate, to promote better coordination and help States to fully implement relevant international agreements.

By other terms, the Assembly would recommend that the biennial conference of regional and subregional fisheries management organizations and arrangements with the FAO consider measures to strengthen further the role of those organizations in all aspects of fisheries conservation and management, and that the FAO consider inviting intergovernmental organizations relevant to its work to join that biennial conference.

Statements

LUIZ TUPY CALDAS DE MOURA (Brazil) said the entry into force of the Convention on the Law of the Sea was a landmark in the recognition of the need to act collectively. However, six years later, the implementation and effective regulation of those arrangements remained unfulfilled. That state of affairs had to do with the complex legal, economic and environmental issues involved in the governance of the oceans, as developing and developed countries sought to cooperate in the management of a vast array of interconnected ecosystems that had no clear boundaries.

He said there was a need to promote marine scientific research on issues such as evaluation of fish stocks and of non-living marine resources, and development of clean technology for exploiting them in a sustainable way. Sustainable and environmentally safe growth in developing countries was directly linked to the worldwide diffusion of technical knowledge and the transfer of appropriate technology. International efforts, especially regarding capacity- building, would enable progress in implementing parts 13 and 14 of the Convention.

Concerning marine environment protection, he said discussions during the first meeting of the Consultative Process, in May, pointed out the importance of putting into practice the Global Plan of Action. The discussion on fisheries management underscored the positive role regional arrangements could have in controlling predatory fishing and other non-ecologically sustainable practices. Yet, together with creating new mechanisms and forums, the available international regulatory instruments must be fully complied with and improved. The adoption of the Regulation on Prospecting and Exploration for Polymetallic Nodules opened the way for the rational and sustainable exploitation of those shared resources.

PATRICIA DURRANT (Jamaica), speaking on behalf of the Caribbean Community (CARICOM), said that the CARICOM States believed that the International Seabed Authority was unique. It was through the Authority that States party to the Convention ensured that oceans and seas beyond the limits of national jurisdiction remained the common heritage of mankind. There was still much to be done by the Authority, and, therefore, the CARICOM States wished to emphasize the need for States party to the Convention to attend and participate in meetings of the Authority to ensure the successful completion of its work. She was very concerned that, because of financial constraints faced by many States, developing country participation in the fundamental work being undertaken by the Authority had been severely limited. The importance of effective developing country participation, to ensure equity in the benefits to be derived from the exploitation of that common heritage of mankind, could not be overemphasized.

Unfortunately, developing country participation in meetings on non-living seabed resources had been limited by financial constraints. CARICOM States, therefore, strongly supported to the establishment of a voluntary trust to facilitate developing country participation in those meetings and workshops.

CARICOM States noted with appreciation the Secretary-General’s report on progress in the protection and preservation of the marine environment. As small island States, the CARICOM States were particularly dependent on, and influenced by, the coastal and marine environment. They were particularly exposed to natural phenomenon, which played a principal role in the deterioration of coastal and marine environments. The devastating effect of hurricanes, floods and climate changes could not be overemphasized. The need in the Caribbean for an effective regional regulatory mechanism for sustainable fisheries, and to ensure adequate protection of fragile marine ecosystems from harmful events such as oil spills and pollution from nuclear waste continued to be a high priority. CARICOM was now seeking to put into place a comprehensive, multidimensional regime for the management and protection of the resources of the Caribbean Sea. It would be introducing a draft resolution to the Assembly’s Second Committee (Economic and Financial), and looked forward to the full support of Member States.

The United Nations should play an integral role in ensuring that developing countries were afforded equal opportunity in global management and sustainable development of marine living resources, she said. New approaches to marine science, technology and management, which took into account the needs and concerns of developing countries, were needed. The transfer of marine science and technology was important, and should be addressed by the United Nations system and the whole international community.

CATE STEAINS (Australia) said that becoming party to the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and to the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High seas were the two most useful legal steps that States interested in fisheries could take to ensure the sustainability of resource. The United Nations Fish Stocks Agreement, in particular, was a significant achievement, and it was unfortunate that some States appeared less than committed to it. States that had not already done so should take the necessary steps to become parties to the Agreement.

Illegal, unreported and unregulated fishing continued to represent a serious threat to the world's marine ecosystems, she said. It had the potential to undermine regional fisheries management organizations’ efforts. International action was essential to address and eliminate this practice. Australia welcomed that work being undertaken by the FAO to develop a comprehensive international plan to prevent, deter and eliminate such fishing, and urged all States to cooperate in a comprehensive international plan of action to deter illegal fishing. This must include the strengthening of flag State jurisdiction, but also port State controls, coastal State controls, market State controls and controls on nationals. The Commission for the Conservation of Antarctic Marine Living Resources’ adoption, late last year, of a trade documentation scheme for toothfish -- a species on the brink of commercial extinction -- was important. It had shown signs of success by reducing incentives for illegal fishing in the southern oceans and would be a useful model for broader international action.

Australia regretted that, for the first time ever, a vote was going to be requested on the draft resolution on fisheries, she continued. To break with the tradition of consensus was extremely regrettable, and risked undermining the positive and constructive developments that had taken place over the years. No multilaterally-negotiated text was ever completely satisfactory to all parties, and that was true of both the current fisheries resolution, and the Central and Western Pacific Fisheries Convention. But both documents were a product of compromise. If support was withheld because this or that aspect was not entirely as one would wish it, the Organization would achieve far less than it currently did. At the end of the very recent informal consultations on the fisheries resolution, participants were extremely close to consensus, with only one delegation standing outside this consensus. Australia, therefore, called on the delegation concerned to reconsider its drastic action in requesting a vote, in the light of the potential damage it might do. Moreover, Australia appealed to States intending to abstain not to turn their back on this resolution.

VOLODYMYR Y. YEL’CHENKO (Ukraine) said that, despite only becoming party to the United Nations Convention on the Law of the Sea recently, Ukraine had been effectively implementing it for many years and had accumulated substantial experience in this field. Ukraine shared the views expressed yesterday by the representative of the United States on the importance of the coupled ocean/atmosphere system and the sharing of data and information resulting from scientific research on the marine environment.

Ukraine placed special emphasis on the problem of the prevalence of illegal, unregulated and unreported fisheries, he said, which was not only detrimental to fish stocks but also to the management of marine living resources by coastal States. As a country suffering from the depletion of the fish stocks of its exclusive economic zone, Ukraine was extremely interested in addressing that problem. In most cases, it was non-compliance with the regime of the exclusive economic zone that stood as the major factor contributing to the problem. He stressed that a coastal State was entitled to use all means provided under international law and under the Convention, including enforcement measures such as boarding, inspection, arrest and judicial proceedings, to deter and penalize such illegal activities.

The increased number of incidents of illegal practices made obvious the urgent need for a better cooperation, he said. On the other hand, the restrictive character of collective measures taken within the framework of regional fisheries organizations did not always fully correspond to the real needs of rational exploitation and conservation of marine living resources. Sometimes those measures were implicitly aimed at meeting the interests of a limited group of countries, while interests of other countries, in particular, those of distant fishery States, suffered from economic dislocation.

FELIPE PAOLILLO (Uruguay) said that the subject of oceans and the law of the sea was so complex and detailed that any comments made on the documents would be partial. He would, instead, point out two problems. The first problem was over the exploitation of the living resources of the sea, which required an urgent solution. That was not due to a lack of legal instruments, but rather to the low number of countries acceding to the instruments that were out there. Uruguay believed that the international community should initiate a vigorous campaign to promote the ratification of existing agreements. In addition, the legal regime governing ocean activities was characterized by unsatisfactory levels of compliance and implementation of its norms. In future, the international community must concentrate on reviewing the effectiveness of existing norms.

The second problem, he continued, was the protection and preservation of the marine environment. That must continue to be a priority item on the international community’s agenda. International cooperation must be intensified with respect to waste waters, which affected the marine environment, land-based ecosystems and human health. The United Nations Environment Programme (UNEP) was looking at this issue, and its information exchange unit was something that would enable the international community to deal with that source of pollution. Also of great importance was the marine transport of waste and radioactive materials. Boats transporting large quantities of radioactive waste were going past State’s coastlines, and the governments who were flying their flags on those boats assured the international community that they were safe. But if accidents occurred, there would be disastrous effects. There was no reason to expose people to those risks. The international community should have more extreme regulations to deal with problems such as those.

PIERRE HILI (Malta) said that Malta strongly believed that the United Nations Convention on the Law of the Sea provided the overall legal framework within which all activities in this field must be considered. Problems of ocean space were closely interrelated, and, as such, needed to be considered as a whole. The strategic importance of the Convention as a framework for national, regional and global action in the marine sector could not be sufficiently underlined. He firmly believed that marine science, with all its related aspects, and, especially, capacity-building, were fundamental to the implementation of the Convention. In this respect, he noted with satisfaction the recommendation of the Assembly to the second meeting of the United Nations informal Consultative Process on Oceans and the Law of the Sea, to focus its attention on this theme, as well as on the issue of piracy at sea.

Another significant issue highlighted by the Secretary-General, he continued, was the trafficking of narcotic drugs and psychotropic substances. Traffickers increasingly turned to sea transportation as a method of drug smuggling. Malta believed that the international community must address this issue with urgency. It was a problem that could not be solved through individual action by single countries, but called for a coordinated and collective campaign aimed against such illegal practices. The smuggling of migrants was another matter of concern. Unfortunately, the Mediterranean region was increasingly experiencing such illegal practice. Collective action by the international community was also required to address this inhumane trade in desperate persons.

Malta believed that an integrated approach to coastal zone management and, in particular, to land-based sources of pollution was fundamental to sustainable development, he said. In that context, Malta reaffirmed its commitment to the implementation of the Global Programme of Action on Land-Based Sources of Pollution. Malta had hosted the eleventh ordinary Meeting of the Contracting Parties to the 1976 Barcelona Convention of the Mediterranean Sea. The management of marine living resources was another priority, he continued. He welcomed steps taken by the General Fisheries Commission for the Mediterranean Sea to strengthen its role in fisheries management, and also the ban on the use of drift-net fishing in the Mediterranean Sea. Issues relating to illegal, unregulated and unreported fishing, as well as marine debris, called for urgent action by the international community.

MOHAMMED MAHMOUD GOMAA (Egypt) said that the 1982 United Nations Convention on the Law of the Sea was one of the most important conventions of modern times. Its entry into effect had a great effect on supporting the international legal system, as did areas that were put into practice even before its final adoption. The increased attention and increased accessions to the Convention, which now had more than 130 members, was welcome. He encouraged the rest of the international community to accede, and urged State parties to submit the necessary declarations concerning the settlements of disputes. The Convention had already established three important institutions: the International Seabed Authority; the Commission on the Limits of the Continental Shelf; and the International Tribunal for the Law of the Sea.

Egypt had actively participated in the establishment of these institutions, he said. He noted, with appreciation, that there had been an increased tendency to adopt international strategies. It was important to pay more attention to ocean resources, and the preservation and protection thereof was the responsibility of the whole international community. This year, the informal Consultative Process had held its first meeting, which the General Assembly would evaluate next year. Concerning that process, he noted that the majority of developing countries had not been able to send experts, due to lack of resources or lack of expertise. That had affected the process.

He expressed concern at the increase of maritime crime, such as trafficking in drugs and goods, and the increase in piracy. It was vital to combat transnational crime. The preservation of the marine environment was the main objective of the Convention of the Law of the Sea, however studies showed that supplies could not meet the demand for fish. Fish resources had not been protected from over-exploitation due to the lack of political will, he said. He called upon States to respect the Fish Stock Agreement of 1995, as well as the Code of Conduct agreement. Egypt had adopted important measures to protect the environment, including the establishment of rules and laws, and the declaration of some marine areas as natural reserves.

JEREMIAH MANELE (Solomon Islands) said that the indispensability of oceans and seas to economic development and the sustenance of small island developing States could not be overestimated. For the Solomon Islands, the fisheries sector -- in particular, the tuna industry -- accounted for 25 per cent of foreign exchange earnings. Coastal fisheries, on the other hand, while mainly subsistence, were critical to the health and welfare of the rural population. Solomon Islands had one of the highest per capita consumptions of fish in the world, and attached great importance to oceans and seas issues.

The problems of over-exploitation of living marine resources, excess fishing capacity, by-catch and discards, and illegal, unregulated and unreported fishing seriously undermined the economic base, food security and, above all, the human security of coastal States, he said. The international community, especially the FAO, must redouble its efforts to address that problem. Similar efforts were required in addressing marine pollution and the impacts of climate change such as the El Niño phenomenon, he said. The damaging effects of El Niño included coral bleaching, and were particularly alarming as they directly threatened the survival of both the coastal marine ecosystem and the communities that depended on reefs.

The Solomon Islands’ 1998 Fisheries Act contained a tuna management and development plan, he said. One of the first of its kind, it provided clear policy guidelines and a transparent decision-making process for tuna fisheries. In addition, it included provision for the installation of a vessel monitoring system which enabled authorities to monitor the position of all distant water fishing nations vessels fishing in their exclusive economic zone. Installation of the monitoring system was a cost effective and efficient means of controlling fishing activities and, provided fishing vessels were doing the right thing, there should be no difficulty with this requirement. The Solomon Islands had also established a marine reserve project that provided viable alternative marine enterprises and, if successful, would demonstrate the economic and ecological benefits of a community-based approach to development and resource conservation.

STUART W. LESLIE (Belize) said that he was very impressed by the discussion about responsible fisheries and the phenomenon of illegal, unreported and unregulated fishing. He also commended the Secretary-General’s report on large- scale pelagic drift-net fishing and other matters. This year, its survey of legislation, policy instruments and actions and the documents from the Consultative Process had led his authorities to consider more closely possible ratification of the Fish Stocks Agreement, of which it was a signatory.

A key issue that was closely examined by the Consultative Process was the economic and social impact of marine pollution and degradation, he said. There was much ignorance or apathy about those issues in developing countries and, even, in developed countries. He was uncertain about the degree of sensitization on the impact of land use and river use on drinking water and coastal marine resources. Recently, those matters were brought home in rather dramatic fashion in Belize’s central-southern coastal and riverine areas. Furthermore, countries such as his were discovering the debate about the possible impact of vessel source pollution on the marine environment. That realization was dawning just as there was a substantial increase in visits by cruise vessels.

It was clear, he said, that there was a need for the establishment of a popular sensitization process, for the creation of clearing-house mechanisms, and for the expansion and improvement of information systems. The international community could not fail to discuss the need for capacity-building and obtaining training, technical assistance and financial assistance to develop necessary expertise and infrastructures. Belize commended the United Kingdom's initiative in proposing, and the 1982 United Nations Convention on the Law of the Sea Meeting of States Parties for recommending, a broad-based and multifaceted Trust Fund for developing countries as litigants before the International Tribunal for the Law of the Sea.

LUIS ENRIQUE CAPPAGLI (Argentina) said this year’s consideration of the Secretary-General’s report by the Assembly had benefited, for the first time, from the informal Consultative Process on Oceans and the Law of the Sea. Argentina had paved the way for the first meeting of that interesting new mechanism. He hoped that the Consultative Process would find ways to guarantee full participation of experts from all parts of the world, particularly from developing States, and that its results would be met with a broad consensus.

The adoption of the Regulations on Prospecting for Polymetallic Nodules meant there was now a real mining code, he said. It provided the necessary requirements for issuing contracts to registered pioneer investors. Those investors were subject to the Convention and to the norms and regulations laid out by the Seabed Authority.

Argentina supported the negotiation process within the United Nations Educational, Scientific and Cultural Organization (UNESCO) regarding sub-aquatic cultural heritage, he said. Those negotiations should be concluded with full respect for international law and the Convention on the Law of the Sea. He was very concerned about transportation of radioactive waste and combustible mixed oxygens. Cargoes seemed to be in line with international standards, and Argentina had never questioned the principle of free navigation, but given the very serious consequences resulting from an accident, they were a very delicate matter. All appropriate precautionary measures should be adopted.

TUILOMA NERONI SLADE (Samoa), speaking on behalf of the Alliance of Small Island States (AOSIS), said the ocean exerted a vital influence on all islands. The Alliance took the fact that its communities were acknowledged custodians of large areas of the world’s oceans and seas very seriously. Islands had a high share of global biodiversity, now increasingly under pressure, and the Alliance countries were at the forefront in the struggle against climate change. Those matters were a complicated web of local and global issues, and an integrated approach in dealing with them was needed. There was an urgent need for the international community as a whole to help with more specific measures for the effective implementation of the Barbados Programme of Action for the sustainable development of small island developing States.

The United Nations Convention on the Law of the Sea was now near universal in its acceptance, but for it to be fully effective, it must be implemented uniformly and in a manner that preserved its integrity and character, he said. The fullest coordination and integration at all levels was essential. The agreements and the declared objectives of Agenda 21 provided convenient and necessary tools for implementation. There was a need for a connection between the legal dimension of rights and obligations, set under the Convention, and the substantive programmatic dimension with regard to sustainable development provided for in Agenda 21.

The choice of illegal, unreported and unregulated fishing as one of two major themes for the informal Consultative Process was appropriate, he said. Over-exploitation of marine resources, and the consequent degradation of the marine environment, were obviously matters of serious concern for all countries. He placed the highest priority on healthy marine and coastal systems, which were an absolute prerequisite for the sustainability of island States. Much more was required from the international community to problems in this area, and to properly implement the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities.

AMRAIYA NAIDU (Fiji) said the Pacific Ocean was the largest span of the world’s oceans and living marine resources. It was dependent for its protection, conservation and management largely on small island developing States in the region that were isolated, remote and separated by great distances and, yet, united by a common purpose to sustainably manage their ocean and sea. Fiji had actively pursued and facilitated tasks that would advance United Nations initiatives in the collective search for solutions, measures and processes in oceans and seas. The Pacific region was well advanced in implementing United Nations agreements and resolutions, including those on fisheries.

A tuna commission had recently been established in Fiji, he said, pursuant to the relevant convention on the conservation and management of tuna resources in the central Western Pacific. In addition to regional initiatives, Fiji was regularly reviewing and amending its legislation to align it with conventions. The support and assistance of developed countries had been, and would continue to be, critical in those endeavours, he said. There had been a significant measure of goodwill in ongoing work at the international, interregional and regional levels. Unfortunately, there was a sense that this positive international commitment was at risk of giving way to national or political considerations.

Fiji was of the firm view that ongoing measures, initiatives and processes needed strengthening and consolidation, he said. He had joined others in the first consultative process, in May this year, and remained hopeful that its outcome, and future consultative process, would leave no doubt as to the global capability to manage ocean affairs.

GAILE RAMOUTAR (Trinidad and Tobago) said that developing countries often lacked adequate capacity in areas such as marine science. They also lacked the technology for the exploitation of ocean resources, the conservation and protection of living resources, coastal management, and for adequately addressing the growing problem of pollution of the marine environment. Participation in discussion on such key topics in an international forum could only be to the benefit of developing countries, she said.

The willingness of the international community to establish trust funds, as set out in the draft resolution, was indicative of its recognition of the need for broader participation in the development of matters regarding the oceans and the law of the sea. Those funds were for assistance to States in the settlement of disputes before the Law of the Sea Tribunal, and for participation in the work of the Commission on the Limits of the Continental Shelf. She expressed her appreciation to States that had taken the initiative regarding those trust funds, and for early indications of support for the funds.

Trinidad and Tobago had been re-elected to the Council of the Authority, earlier this year, and remained committed to contributing in a meaningful way to the ongoing work of the Authority, she said. However, it continued to object to the trans-shipment of nuclear waste through the Caribbean Sea. It was a blatant and persistent misuse of the Caribbean Sea to use it for trans-shipment of nuclear waste. The region continued to live under the threat of a possible accident, knowing full well that a single accident could have devastating consequences for present and future generations of Caribbean peoples. The people of the Caribbean were heavily dependent on the marine environment for their livelihoods. Accidents could occur, and Trinidad and Tobago would continue to call for a moratorium on those shipments through the Caribbean Sea.

DENNIE M.J. WILSON (Saint Vincent and the Grenadines), said that, despite the difficulties it faced because it was an island developing State, Saint Vincent and the Grenadines continued to strive to carry out its responsibilities under the Convention, and under international law in general. He was particularly happy about the draft resolution’s acknowledgement of the institutions authorized by the United Nations Convention on the Law of the Sea. Discussions and initiatives at the Commission on the Limits of the Continental Shelf and the International Seabed Authority, especially its mining code, continued to be useful. He was also pleased to note the steady development of the law of the sea and related subjects.

An additional institutional matter was the recollection in the main draft resolution of the obligation of parties to cases before a Court or Tribunal referred to in the Convention to ensure prompt compliance with the decisions rendered. It was of crucial importance, he said, that judgement debtors should comply in full with judgements issued against them. He recalled the judgement given in 1998 by the Law of the Sea Tribunal against Guinea, in the Saiga case, brought by his country. Non-compliance by the judgement debtor had been the subject of several communications to Guinea, but so far the judgement debt remained unsatisfied. He hoped that the debtor in the Saiga case would now promptly comply.

ALISON DRAYTON (Guyana) said that Guyana was not alone in finding it an increasing challenge to keep up with the many initiatives promoted each year in the course of deliberations on various items. As a small country, Guyana found it a formidable task to implement the commitments it undertook , to prioritize among them so as to ensure the most efficient use of its limited resources and, most of all, to keep current with those commitments so that key responsibilities or obligations were not inadvertently overlooked. Guyana, therefore, welcomed the comprehensive nature of the omnibus resolution before the General Assembly, which neatly encompassed both legal commitments as well as recommendations which would allow the pursuit of sustainable development goals. Guyana was of the view that sustainable development goals under the umbrella of the United Nations Convention on the Law of the Sea helped to breathe new life into the Convention. In that context, the draft before the General Assembly was helpful in defining the interrelationships between the Convention and Agenda 21.

As everyone was aware, negotiations on that draft were not easy. Guyana commended all delegations that participated for their demonstrated commitment to achieving a consensus text, she said. The spirit of flexibility and compromise was particularly evident in the behaviour of developing countries which had negotiated constructively, despite their valid concerns at being inadequately represented during the Consultative Process. Guyana hoped that future meetings of the Consultative Process would benefit from a full range of views on issues of concern to delegations. Guyana particularly called for contributions to the trust fund so as to enable the next meeting to be better informed of the views of the experts from developing countries.

DONNILO ANWAR (Indonesia) said he was pleased to note that the Commission on the Limits of the Continental Shelf was focusing on training to assist coastal States, especially developing nations, in preparing their submission to that Commission. He welcomed the growing awareness of the oceans and their resources. The conservation and sustainable use of living marine resources were a question of critical importance to both present and future generations. Enhanced sustainable yield from the oceans was central to assuring prosperity for peoples that depended on the seas for their livelihood. In order to develop a comprehensive framework for the effective management of ecosystems, developing countries had to be empowered to become equal partners, through cooperation, partnership and development. In that way, developing countries would be able to participate effectively in acquiring an equitable share of the resources of the oceans.

The preservation of the marine environment had been a national priority for Indonesia since the early 1980s, he said. Efforts to protect the marine environment had been further strengthened by the ratification of a number of international conventions. In support of its ratification of the conventions, Indonesia had promulgated legal instruments on matters such as basic environmental laws concerning the economic exclusive zones and the conservation of living resources. It had also initiated a range of programmes. The state of the global environment continued to be a cause for concern. That was particularly true in the Asian region, where countries were experiencing extreme environmental stress including losses in biodiversity and diminishing coastal resources. Adding to the complexity of the situation was the recent financial crises in the region. That had meant that developing countries might find it a challenge to promote sustainable development in their countries and regain economic growth, he said, and, as a result, may have to relegate sustainability to a backseat in their respective development agendas.

The Draft Convention for the Protection of Underwater Cultural Heritage was an achievement, he said. It laid a legal framework which would help preserve that heritage for the benefit of humankind. That new instrument should complement the relevant provisions of the Convention, particularly those concerning the rights of sovereign States and the jurisdiction of coastal States. Crimes at seas, especially piracy and armed robbery, posed a threat to the security of coastal States, and the safety of navigation and seafarers. Cooperation at all levels should be intensified. The IMO had an important role to play in preventing and combating crimes.

H.E. MASAO NAKAYAMA (Micronesia) said that, despite all efforts undertaken by the international community, the state of ocean affairs remained precarious. Indiscriminate destruction of ocean resources by large-scale pelagic drift-net fishing, while generally on the decline, still remained a threat to living marine resources. Micronesia called upon States that had not already done so to take immediate and effective measures to ban illegal drift-net fishing. The incidence of unauthorized fishing, in zones of national jurisdictions and on the high seas, and illegal, unreported and unregulated fishing continued to be of concern. The vast exclusive economic zone under his country’s jurisdiction, rich in fish resources and one of the principal resources for its economic development, required careful management and monitoring to address illegal, unregulated and unreported fishing. Micronesia required of other States to take greater enforcement measures to ensure that their vessels did not fish in areas of its national jurisdiction. To maximize effectiveness, States must ensure that even when their vessels were authorized to fish in areas of national jurisdictions, they complied with the terms of that authorization.

He explained concern over the issue of by-catch and discards. While by- catch and discards were understandably a result of untargeted or incidental catches, the issue was, nevertheless, one that deserved a greater focus of attention. What may be discarded by some as unsuitable for commercial mass consumption were important to the subsistence livelihood of island people. The international community should strive harder to minimize the incidence of collateral catches in fisheries, in order to conserve resources and ensure biodiversity. Micronesia was encouraged, he said, by the heightened international attention paid to the needs of small island developing States and their capacity- building process.

He noted the call in the draft resolutions for the establishment of trust funds. He suggested that assistance not be limited to the attendance at the Consultative Process, but include attendance at other Law of the Sea bodies like the International Seabed Authority. He also welcomed the use of trust funds to assist small island States in their submissions to the Commission on the Limits of the Continental Shelf. Micronesia required assistance from the international community to meet its obligations under the Convention on the Law of the Sea. He, therefore, called for generous support from countries and the donor community.

VLADIMIR Y. TARABRIN (Russian Federation) said that the Russian Federation had consistently called for a higher profile for the United Nations Convention of the Law of the Sea. It welcomed the growing number of parties to the Convention, and that its institutions were becoming more and more active. Their activity strengthened the effective and consistent application of the standards of international marine law. He was concerned at the activities of certain international entities that wished to change the legal regime established by the Convention. Any attempt to tackle the problems of the law of the sea separately from that regime would have adverse effects. Coordination on the basic aspects of international law should remain at the centre of General Assembly discussion.

Illegal trafficking in weapons and drugs, illegal migration, and piracy and armed robbery must be met with a decisive international response, he continued. Also important was the need to tackle the problem of preserving the marine environment. The international community could not fail to be concerned at the problem of implementing international instruments. Developing countries did not have the resources to fully implement the Convention and Agenda 21. The Russian Federation believed that the international community should also tackle this issue, as provided for in the draft resolution, by discussing how to enhance international cooperation. He stressed that the depletion of living resources in some parts of the ocean made the defence of the marine environment a priority task for the international community. Another priority issue was the effort at all levels to combat smuggling and unregulated fishing. The international community should take action on that urgently.

PETER D. DONIGI (Papua New Guinea) stated that, at the tenth meeting of the States party to the United Nations Convention on the Law of the Sea, Nicaragua had deposited its instrument of ratification and was scheduled to become the 133rd State parties on 2 June. The Convention was increasingly becoming a unique instrument of international law, as could be seen by the number of States that became parties to it. Moreover, it contained a set of criteria and principles

outlining the understanding reached between States possessing the technological skills, expertise and equipment, and those whose lives depended on the bounties of the oceans and the resources of the seabed. Another matter discussed at the meeting was a request by the president of the Commission on the Limits of the Continental Shelf to finance participation by members of the Commission from developing countries.

He noted that the Council of the International Seabed Authority had adopted the financial regulations of the Authority, and that substantive progress had been made on the draft regulations for prospecting and exploration for polymetallic nodules. By its adoption of the regulations, the Council made it possible for the seven pioneer investors to execute contracts to carry out that activity within his area. Papua New Guinea urged all pioneer investors, through their respective Member States, to proceed to execute their respective contracts with the Authority, as soon as possible. In addition, it was decided to recommend to the General Assembly that it establish a voluntary trust fund for the purpose of defraying the costs of participation of the members of the Commission on the Limits of the Continental Shelf from developing countries in that Commission’s meetings.

In reference to the United Nations informal Consultative Process on Oceans and the Law of the Sea, he felt that its first meeting had produced positive results, as reflected in the omnibus resolution. Papua New Guinea believed the renewed interest in the affairs of the oceans and its resources could not have come about without the Consultative Process, and looked forward to its next scheduled meeting, in May 2001, when the subjects of marine science and development and transfer of marine technology would be discussed. Piracy and armed robbery at sea were also of concern. In fact, he supported any constructive debate to find solutions or develop appropriate measures to combat those illegal activities.

ALI AHMED MOHAMED AL-DAILMI (Yemen) said the marine environment was of economic and human importance, as it was one of the main sources of human livelihoods. In Yemen, the marine environment was the main source of the livelihood for the population on the eastern and southern coast. The 1982 United Nations Convention on the Law of the Sea was adhered to in Yemen, as it constituted the cornerstones of the legal framework on oceans. He said it was the responsibility of the international community to protect the marine environment.

Yemen was concerned about the practice of illegal, unregulated and unreported fisheries, he said. Such practices were in violation of international law. He expressed appreciation for the efforts made to prevent this practice, but again, addressing it required coordination on all levels. International cooperation would also be conducive for the preservation of the ocean and its resources. Yemen was among the countries which had signed the Convention on the Law of the Sea, and had constantly cooperated with all parties. He emphasized that the conflicts on territorial waters were problems impeding development in marine life, and called for all conflicts to be settled peacefully.

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