Meeting of States Parties

to Law of Sea Convention

121^st Meeting (AM)*

LAW OF SEA CONVENTION STATES PARTIES DEBATE WHETHER SUBSTANTIVE REVIEWS BELONGED

IN GENERAL ASSEMBLY OR STATES PARTIES MEETINGS, AS EIGHTEENTH SESSION CONTINUES

The Meeting of States Parties to the Convention on the Law of the Sea today took up the Secretary-General’s report to the General Assembly on oceans and the law of the sea, with some countries saying that such reports be addressed to, and adopted by, the Meeting in the future, while others expressed the contrary view that a review of substantive matters relating to the Convention be kept in the hands of the General Assembly and other more appropriate forums.

Even as the representatives of Cuba, Canada, Singapore, Kenya, Democratic Republic of the Congo, Sierra Leone, India, Suriname and Barbados delved into topics such as smuggling, marine biodiversity, piracy and the demarcation of maritime borders, others -- such as the representatives of Iceland, Norway and Indonesia -- did not raise any substantive issues at today’s meeting. 

Iceland’s delegate stated openly that he would not take part in substantive debates at this meeting as a matter of principle and to avoid duplication with the work of other United Nations bodies.  Indonesia’s delegate noted that discussing substantive issues in the appropriate forum established by the Convention would be more efficient.

Regarding the report itself, some representatives, including from Argentina, Malaysia and Brazil, raised concerns over the way in which it had dealt with the issue of maritime security.  Argentina’s delegate was concerned at the inclusion in the report of issues such as illegal, unreported and unregulated fishing under the heading of maritime security.  While there was no universally accepted definition of the term “maritime security”, he nevertheless believed that illegal, unreported and unregulated fishing should be considered in the context of preservation of the marine environment. 

Argentina’s speaker also said he planned to introduce an amendment to the rules of procedure of the meeting, so as to enable it to produce its own report.  That led the observer from the United States to express concerns over changes in procedure, preferring an open-ended consultative process for topics of interest.  Indeed, several speakers said they had opinions regarding maritime security and safety, but would reserve their statements for the informal consultative process to be held by States parties next week on that very topic. 

Also speaking this morning were the representatives of Slovenia (on behalf of the European Union), Guatemala, Australia, Dominican Republic and Iran.

The Meeting of States Parties will convene again at 10 a.m. tomorrow, 19 June, to continue their eighteenth meeting.

Background

The eighteenth Meeting of States Parties to the Convention of the Law of the Sea this morning took up the report of the Secretary-General on oceans and the law of the sea (document A/63/63), which provides an overview of the contribution of the bodies established by the Convention and other relevant international organizations to that process.

Of particular importance for the meeting, the Secretary-General says in the report, will be the identification of appropriate solutions regarding the workload of the Commission on the Limits of the Continental Shelf, and the ability of developing States to fulfil the requirements of the Convention while ensuring the instrument’s integrity.

In the report, he says that international cooperation is also of critical importance for enhancing maritime security and safety, with many of the challenges and threats in that area interconnected, recognizing no national boundaries and requiring solutions consistent with international law.  Concerns relating to the potential impact of those measures, particularly on individuals, must be effectively addressed.  The report highlights the need to enhance the effectiveness of the international legal framework and its implementation, and suggests areas where cooperation, coordination and capacity-building could be strengthened.

The sustainable use of marine resources and rational utilization of the oceans and seas also continue to require sustained international cooperation, particularly in capacity-building, according to the Secretary-General.  Priority attention should be given to the management of human activities that adversely impact marine ecosystems, taking into account the potential effects of climate change.  Marine science programmes and technology play an important role in that regard and require support, he said, adding that current initiatives to improve fisheries governance require equally strong support.  At the regional level, continued cooperation is essential in order to deal with global challenges to the marine environment, particularly in taking measures to adapt to the adverse effects of anthropogenic climate change.

Statements

HOLGER F. MARTINSEN ( Argentina) expressed concern regarding the inclusion in the Secretary-General’s report of issues such as illegal, unreported and unregulated fishing under the heading of maritime security.  While there was no universally accepted definition of the term “maritime security”, he nevertheless believed that illegal, unreported and unregulated fishing should be considered in the context of preservation of the marine environment.  On another note, he said he was planning to introduce an amendment to the rules of procedure of the meeting, so as to enable it to produce its own report.

MARINA TERESA MESQUITA PESSOA (Brazil) agreed with the observations made by Argentina’s representative, adding that, although some suggestions put forward by the Secretary-General in his report were useful, notably on streamlining, the text of the annual General Assembly resolution on oceans and the law of the sea had similar concerns as his regarding the treatment of the issue of maritime security and safety.  She would have liked that section to have been “more objective”. 

She recalled a recent General Assembly debate on the notion of human security, where Brazil’s delegation had indicated what it saw as a link between security and the right to development.  Underdevelopment begat violence; the deepening inequality between nations was a recipe for insecurity.  To break the cycle of insecurity required more attention on how to bring about development.  The Secretary-General’s report brought together a myriad issues under the heading of human security -- poverty, disease, conflict, spread of biological weapons, terrorism, organized crime as well as illegal, unreported and unregulated fishing and pollution.  That would hardly make the discussion more focused or productive, but was a recipe for another lengthy and ineffective debate.  She seconded the proposal of Argentina’s delegate that the meeting adopt its own report.

EDDY PRATOMO ( Indonesia) said that discussing substantive issues in the appropriate forum established by the Convention would be more efficient.  He expressed great concern about some policies concerning maritime security affairs, which limited the freedom of the sea as guaranteed by the Convention. 

The Convention, he said, being the constitution of the oceans, provided guiding principles for all uses of the sea, as well as other ocean-related matters.  That scope should be preserved, since the Convention was carefully crafted to accommodate, in a balanced manner, the interests of all nations.  Any uncertainty with regard to the correct application of the Convention should be brought to the attention of Member States through the forum of States parties. 

ALEKSANDER CICEROV ( Slovenia), on behalf of the European Union, praised the manner in which the Secretary-General’s report had been compiled.

ANET PINO RIVERO ( Cuba) said it was important to enhance international cooperation, particularly in the exchange of knowledge and the building of capacity.  Despite obstacles, her country had exerted much effort in furthering the sustainable use of the seas.  She shared the concerns of Argentina and Brazil regarding security and supported Argentina’s proposal on producing a report. 

She also shared the concern over the legal regimes that applied to accosting vessels, and that discussions on smuggling did not include discussions of subversive encouragement of immigration.  In addition, under the Convention, marine research should be restricted to peaceful uses for the good of mankind, and practices that had adverse effects on coral reefs and other sea life should be stopped.

VESNA GUZINA ( Canada) stressed the importance of the Continental Shelf Commission within framework of the Convention.  Given the Commission’s importance, the meeting should have before it a summary of its recommendations on submissions already considered, the latest being that of Australia.

She then turned to the subject of marine biodiversity beyond national jurisdiction, currently the subject of discussion by an ad-hoc group to which Canada was party.  The group dealt simultaneously on topics raised by different bodies, such as the conference on biodiversity, the International Seabed Authority, and others.  It was the most appropriate forum for those discussions, since it used the Convention as a legal framework.  That was in keeping with Canada’s philosophy of implementing the range of existing instruments regarding marine life -- which was already extensive -- rather than negotiation on new ones.

Regarding ecologically and biologically significant areas, she noted that States parties had agreed that expert workshops would be held to synthesize views.  Canada was expected to host such a workshop in 2009, with the help of the German Government.  It would be devoted to the management of genetic resources of the seabed.  Fair and just management of ocean resources should be done in a manner agreed by all stakeholders.  She also looked forward to the informal open-ended consultative process to be held by States parties next week, which would focus on maritime security and safety.  And she supported the idea of a renewed mandate for the consultative process during negotiations this fall on the General Assembly resolution on oceans and the law of the sea.

LIONEL YEE ( Singapore) said the report had provided a useful update on the legal regime’s developments and challenges.  Given Singapore’s location in one of the world’s busiest international waterways, he said that such a report was a particularly useful reference in the lead-up to the informal consultative process on maritime security.  He nevertheless noted Argentina’s views that that subject be considered in a sufficiently focused manner.

Turning to the cooperative mechanism for the management of the Straits of Malacca, launched last year to provide an inclusive platform for dialogue and cooperation among the three littoral States, he said that much work had been undertaken to implement projects under that mechanism, and good progress had been made.  Regarding the introduction of “compulsory pilotage”, he said that the assembly of the International Maritime Organization had adopted the view that relevant resolutions regarding that issue were “recommendatory” in nature.  That reflected the overwhelming view of States parties that there was no legal basis for compulsory pilotage in the Torres Straits.  However, he remained prepared to work with Australia and other interested States to accommodate their concerns on that issue.

ANA CRISTINA RODRIGUEZ-PINEDA ( Guatemala) said that the Convention had day-to-day proven very functional in nature.  She praised the work of the Tribunal, and expressed concern over the workload of the Commission and the deadlines.  She also expressed support for the work of the International Seabed Authority.  The report of the Secretary-General showed that the problems facing the sea were just as serious as those facing the Earth.  She stressed that the States parties’ forum was not a technical body, but provided an overview of developments.  She pledged her country’s full, continued support to the Convention.

SIMON NJUGUNA ( Kenya) said that piracy continued to threaten his country and the many sea-related activities, and he urged States to cooperate in the fullest to suppress piracy.  He urged States parties to implement regulations meant to halt illegal fishing.

SAYEMAN BULA-BULA ( Democratic Republic of the Congo) said his country and Angola were working on demarcating their shared maritime border, with a view to better managing their oil resources.  He wished to report the fact that no disputes had arisen between the two countries throughout that process. 

He then turned to the report’s declaration of the Dominican Republic as an archipelagic State, and asked whether doing so would lead Haiti to claim the same status.  He noted that the Dominican Republic and Haiti were located on the same island. 

Turning to the activities of the Tribunal, which so far had only dealt with disputes over the prompt release of confiscated vessels, he said he looked forward to seeing how it handled delimitation disputes.  The Secretary-General’s report should talk more about potential difficulties the Tribunal might face as its case law expanded.

JENS EIKAAS ( Norway) said simply that his Government had taken note of the Secretary-General’s report.

ALLIEU IBRAHIM KANU ( Sierra Leone) said that his country and its neighbours lost $79 million a year from international unregulated and unreported (IUU) fishing and that was a crucial issue for their economies.  It should be possible to bring disputes over national jurisdictions to the Law of the Sea Tribunal.

DEAN MARC BIALEK ( Australia) noted that his country did not agree with Singapore’s depiction of how piracy fit in with the relevant provisions of the Convention.

SYAMAL KANTI DAS ( India) followed closely the work of all of the Convention’s subsidiary bodies.  He congratulated the Commissioner of the Continental Shelf Commission for his work and expressed hope that the issue of deadlines for submissions would be resolved amicably.  The management of areas beyond national jurisdiction provided substantial challenges to the international community, particularly in regard to the preservation of diversity, prevention of depletion of fish stocks and the pollution from all activity.  It was imperative that research and knowledge in those areas be shared with developing countries, and he supported special funds for those purposes. 

He also supported the creation of policy packages to prevent over-fishing, saying his country had instituted programmes for several coastal habitats, along with guidelines for marine and coastal development and monitoring mechanisms for pollution and tsunami warning.  India was willing to issue tsunami advisories to all countries in the Indian Ocean.

MICHEL AMAFO ( Suriname) said that his country was committed to ensuring the integrity of the Convention and had made major progress in maritime security through domestic laws, which had also greatly benefited maritime trade.  New guidelines could close a dangerous gap in existing regimes.  As the need arose, guidelines should also be drawn up for problems such as the preservation of diversity.

SHAZELINA ZAINUL ABIDIN ( Malaysia) echoed Argentina’s proposal that the Meeting of States Parties adopt its own report, thus strengthening its standing among United Nations bodies.  She also agreed that the Secretary-General’s treatment of human security in his report had done that issue a disservice.

FRANCOIS JACKMAN ( Barbados), turning to the issue of maritime security, said that the Caribbean Community had made substantial progress towards adopting a regional treaty towards that goal.  For that reason, he looked forward to the upcoming informal consultative process, which was expected to focus on that topic.  The Association of Caribbean States had created a Caribbean Sea Commission, whose goals were to implement General Assembly resolutions that sought to declare the Caribbean Sea a special area in the context of sustainable development.  Aware of the sensitivity of that task, the Government would host a seventh meeting of the Caribbean Association that was open to all interested parties.  Hopefully, the outcome would be fed into the anticipated General Assembly resolution on that issue, whose tabling was planned for the sixty-third session.

Mr. MARTINSEN ( Argentina) fully endorsed what the Canadian delegation said regarding the work of the Commission on the Continental Shelf.  He also reiterated what had been said regarding legal advice provided by the Secretariat.  Within the Meeting of States Parties, there were several courses of action to consider in that regard.  Whenever a legal issue arose in connection with obligations and rights, it should be considered solely by the States parties.

CARLOS MICHELEN ( Dominican Republic) said his country had maritime borders with six States and needed to further strengthen its delimitation regulations.  It was well aware that it had both rights and obligations that needed to be strengthened in that area.

MARGARET HAYES ( United States) expressed concerns over changes in procedure, preferring an open-ended consultative process for topics of interest, such as next week’s consultative process, which she maintained included unregulated and unreported fishing.

ESMAEIL BAGHAEI HAMANEH ( Iran) expressed concern over the inclusion of such undefined notions as human security within the report; there were other more precise matters that were relevant.

TOMAS HEIDAR ( Iceland) noted that, compared to the Continental Shelf Commission and the Law of the Sea Tribunal, the Meeting of States Parties had not been given a substantive role in dealing with Convention matters, but dealt mostly with financial and institutional issues.  By contrast, the General Assembly had the competence to undertake a substantive annual review of the Convention’s implementation and related issues, facilitated by the Secretary-General’s report.  As a matter of principle, and to avoid duplication, he said he would not take part in substantive debates at this meeting.

* *** *

__________

*     Pages 2 through 6 should be 121^st Meeting (AM) only.

For information media • not an official record