Meeting of States Parties

to Law of Sea Convention

103^rd & 104^th Meetings (AM & PM)

States parties to law of sea convention conclude current meeting, Addressing issues

concerning continental shelf, international tribunal

 

States parties to the 1982 United Nations Convention on the Law of the Sea concluded their sixteenth Meeting today, having considered issues related to administration and budget of the International Tribunal for the Law of the Sea, as well as the increasing workload facing the Commission on the Limits of the Continental Shelf.

Having entered into force in 1994, the Convention -- often referred to as “the Constitution of the Oceans” -– now has 149 States parties.  The landmark treaty governs all aspects of ocean space and maritime issues, ranging from navigational rights, maritime limits and marine scientific research to management of resources, protection of the marine environment and settlement of disputes.

The Convention established three organs:  the International Tribunal for the Law of the Sea, which, among other things, adjudicates disputes arising out of the interpretation and application of the Convention; the International Seabed Authority, which organizes and controls activities regarding the deep seabed’s mineral resources; and the Commission on the Limits of the Continental Shelf, which addresses the delineation of the outer limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Acknowledging the anticipated workload of the Commission on the Limits of the Continental Shelf owing to an increasing number of submissions, the Meeting of States parties decided to address the issues related to the workload and funding for members of the Commission as a matter of priority, and to take it up at the next Meeting of States parties.

The Meeting also requested the Secretariat to prepare, based on the discussions at the sixteenth Meeting and in due time before the next Meeting, an information note providing relevant details or facts on all proposals made regarding the workload and funding of the Commission.

Further, the Meeting called on States parties to contribute voluntarily to the Trust Fund with a view to facilitating the participation of Commission members from developing countries in the Commission’s work.

Peter Croker, Chairman of the Commission, expressed his appreciation for the efforts of States parties to tackle the issue of the increasing workload and funding, and said he would report back to the Commission on the decision taken today.  While he was disappointed that the Meeting could not adopt the draft decision proposed by the Commission, he was sure the Commission would continue to consider ways to further improve its working methods.

Also today, the Meeting of States parties approved the budget of the International Tribunal for the biennium 2007-2008, amounting to €17,214,700, as it approved draft decision SPLOS/L.47.

Speaking after that action, Japan’s representative said that, while she supported the budget, the Tribunal should keep to a zero-growth budget in the future.

In addition, regarding the surrender of savings by the Tribunal (document SPLOS/L.48), States parties decided that an amount of €312,684 from the 2002 savings corresponding to the additional appropriations for 2005 would be surrendered and deducted from the assessed contributions of the States parties in accordance with the financial regulations of the Tribunal.

Concerning the establishment of the Tribunal’s staff pension committee (document SPLOS/L.49), States parties decided that the committee would be constituted as follows:  one member and one alternate member to be chosen by the Meeting of States Parties for a term of office of two years; one member and one alternate member to be appointed by the Registrar for a term of office of two years; and one member and one alternate member, who shall be participants in the Fund and staff members of the Registry, to be elected by the staff members who are participants in the Fund for a term of office of two years.

Also by that action, it was decided that the Meeting would nominate States with a permanent diplomatic or consular presence in Berlin or Hamburg as members and alternate members of the committee and that the nominated States would then appoint local diplomats as their representatives on the committee.

Concerning geographic representation, the representative of Namibia drew attention to the report of the Tribunal regarding information on staff in professional and higher posts.  Of 17 such posts, 10 were filled from the Western European and Others Group, while only seven came from three other groups, and Eastern Europe was not represented at all.  He reiterated the applicability of the commonly accepted principle of equitable geographic representation.  As a matter of principle, multilateral organizations should reflect their membership, while duly considering merit and competence.

He requested that professional and higher post vacancies be announced and/or advertised widely and in a timely manner.  In addition, higher-post vacancies should be circulated to all States parties in a timely matter.  Meanwhile, the issue of the current geographic make-up of the bench in relation to the wider membership of the Tribunal should also be revisited, preferably before the next elections.

The representatives of South Africa, Russian Federation, Argentina, Sierra Leone, Egypt, Poland, Senegal, Mexico, Trinidad and Tobago, Bulgaria, India, China and Pakistan aligned themselves with Namibia’s statement.  The representative of Ukraine added that the posts of Registrar and Deputy Registrar should also be represented in an equitable manner.

The representative of Sri Lanka took special note of Namibia’s statement and also requested that States parties be informed of the current status of vacancies and prospective vacancies between now and the next meeting of States parties so that remedial measures could be taken to submit and review candidates.  He said he also wished to draw delegates’ attention to the move to outsource contributions to the Joint Pension Fund.  He said representatives of different United Nations bodies and intergovernmental organizations should be aware of an important meeting on that subject to be held in July in Kenya.  The Tribunal should also be aware of that fact, for purposes of representation.

Responding to those concerns, the President of the Tribunal, Rüdiger Wolfrum, stated that the Tribunal had sought to reach equitable geographic distribution.  That was not always easy, since the Tribunal worked in two languages –- English and French –- and it was essential to have mastery in both languages.  The Statute of the Tribunal did not provide for States parties to the Convention to influence the composition of the Tribunal’s staff.  As for any forthcoming vacancies, he noted several positions that the Tribunal was in the process of filling.

Also addressing the Meeting today was Gemma Adaba, of the International Confederation of Free Trade Unions (ICFTU), speaking on behalf of the International Transport Workers Federation (ITF), who said that, despite the Tribunal’s focus on governmental (and non-substantive) issues, the work of seafarers also merited consideration.  She wished to draw delegates’ attention to a new ITF report entitled Out of Sight, Out of Mind, which looked at human rights issues in the maritime and fishing industries.  The report noted that there was much room for improvement in the conditions of those living and working at sea.  It exposed some alarming abuses experienced by some seafarers and fishers, despite the existence of an extensive body of international instruments.

She said the report also showed numerous shortfalls in flag State implementation.  Fundamental to the difficulty in effecting compliance with international agreements was the fact that owners routinely registered their vessels with States with which they had no connection whatsoever.  While the duties of flag States were clearly established, loopholes existed concerning their implementation.  The ITF report recommended that the United Nations develop a complementary implementing agreement to ensure that flag States effectively discharged their obligations under the law of the sea.

She said seafarers and fishers were dependent on the ratification and effective implementation of international conventions to protect their fundamental rights.  It was time to raise the profile of the human element in those global industries.  Unfortunately, seafarers were finding themselves criminalized as States pursued their environmental and security agendas.  The need to prevent pollution and improve security in the maritime sector was not in dispute, but it must be achieved in such a way as to safeguard the human rights of seafarers and fishers.  That was currently not the case, as the ITF continued to receive reports of seafarers being prevented from leaving their vessels or taking shore leave.

She said that, under the current security regime, many seafarers felt that they were being enlisted to fight on the frontlines of the war on terror, while simultaneously being treated as potential suspects.  She called for the widespread ratification of ILO Convention No. 185 on Seafarers’ Identity Documents and the Maritime Labour Convention 2006.  She also called upon States parties to make sure that flag States discharged their obligations under the law of the sea.

The representative of Sierra Leone commended and thanked the speaker for her statement.  The matter had been of great concern to his delegation for years, and his country had been in the forefront of advocating the human rights of seafarers.  Sierra Leone had a parochial interest in the subject, in that a number of its citizens worked on ships and depended on such work for their livelihoods.  He said the speaker had raised two important points:  the rights of seafarers and the link between flag States’ duties and their implementation.  Many delegations from his region were also concerned about the transportation of small arms.  Flag States had the responsibility to make sure that ships flying their flag did not carry arms that fostered conflicts and rebellions.

The representative of Mexico thanked the speaker for her statement.  He noted that, in the Secretary-General’s report from yesterday, Mexico had raised concerns about the rights of seafarers.

The representative of the Philippines said the report contained much information and insight on the conditions of seafarers.  As a nation with many seafaring workers, the Philippines welcomed the report.

The representative of Namibia thanked the speaker for her report.  He said his delegation shared her concerns regarding seafarers, human and labour rights, as well as the effective implementation of flag State duties and the establishment of a definition of a genuine link between flag States and their vessels.  He urged seafarers all over the world not to sail on vessels which were flying flags of so-called convenience and which engaged in illegal, unregulated and unreported fishing.

In other action, the Meeting of States parties approved the report of the Credentials Committee, as contained in document SPLOS/142.  It also took note of the Report of the External Auditors for the financial year 2004, contained in document SPLOS/137, and the Report on budgetary matters for the financial period 2005-2006, contained in document SPLOS/138.

In closing remarks, the President of the sixteenth Meeting, Raymond O. Wolfe ( Jamaica) thanked everyone involved in the Meeting for their support and participation in the session.  After summarizing the Meeting’s deliberations during the past week, he recalled the upcoming celebration of the tenth anniversary of the establishment of the International Tribunal for the Law of the Sea.  He also drew attention to the need to ensure that the assessed contributions to the Tribunal and to the International Seabed Authority were paid in full and in a timely fashion, so that those institutions could discharge their functions effectively and efficiently.

In addition, he informed delegations that the proposed dates for the seventeenth Meeting of States parties was still under consideration but would probably take place from 18 to 22 June 2007.

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For information media • not an official record