Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction Concludes Work Following Landmark Adoption of Historic Treaty
Following yesterday’s landmark adoption of the historic new maritime biodiversity treaty, the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction concluded its work today, as delegates underscored the importance of the agreement’s swift implementation and rapid ratification and called for funding towards this end.
The Conference then adopted its draft report (document A/CONF.232/2023/L.2) without a vote, as amended, detailing its procedural history from formation by resolution General Assembly resolution 72/249 in 2017 through the five sessions it has held to date.
Prior to the adoption, a brief debate on the proposed revision took place, with Jamaica’s representative, speaking for the Caribbean Community (CARICOM) expressing concern over the unprecedented approach of amending the report. The representative of the Russian Federation then observed that the process itself — along with its outcome — was largely unprecedented, adding that his delegation has demonstrated a great degree of flexibility.
In closing remarks, Rena Lee (Singapore), President of the Intergovernmental Conference, expressing gratitude to the Conference for teaching her through their flexibility and different views, urged those present to take action and ratify the treaty. Noting that she will be at the United Nations on 20 September, she expressed hope that she will see a long queue of ministers waiting to sign the agreement. Moreso, the Conference’s successful conclusion proved that “it is possible for us to work together collectively, positively — in service of our oceans, in service of our planet and in service of our people”, she emphasized.
At the outset of the meeting, the Conference concluded its general exchange of views, as several delegations pointed out that the adoption of the agreement is just the beginning and emphasized the importance of the treaty’s entry into force and its effective implementation. (For background, see Press Release SEA/2181.)
“Sign, ratify and implement,” Tonga’s delegate stressed, outlining these actions as the next steps for bringing the agreement to life. To this end, the representative of Japan spotlighted the need for sound financial management, while calling on major donors to the United Nations regular budget to make voluntary contributions proportionate to their economic capacity.
Some delegates outlined the need for cooperation to enforce the measures set out in the agreement, with Senegal’s representative pointing out that the new agreement will serve to reduce disparities between countries of the Global North and the Global South through “win-win cooperation”.
Others underscored the importance of capacity-building and transfer of marine technology, including Sri Lanka’s delegate, who suggested creating a respective committee during the implementation phase that will facilitate the exchange of knowledge.
Along these lines, the representative of the International Seabed Authority suggested his organization’s support with regard to capacity-building and the transfer of marine technology, among others, while the Food and Agriculture Organization’s (FAO) representative said his organization stands ready to provide Member States with technical advice and implementation support for the international document.
The representative of the High Seas Alliance, along with other speakers, spotlighted efforts to bring the voices of millions into negotiations on the agreement. Recalling that 60 ratifications need to be secured to this end, she urged States and other stakeholders that have pledged tens of millions of dollars to support ratification efforts in developing countries to define concrete actions to secure such funding.
Providing a tangible example of the importance of adequate funding, Vladimir Jares, Secretary of the Intergovernmental Conference, and Director, Division for Ocean Affairs and the Law of the Sea, reported that the Voluntary Trust Fund facilitated the participation of 19 delegates from developing countries, least developed countries, landlocked developing States or small island developing States, noting that it used all funds available to this end.
General Statements
As the floor opened for the general exchange of views, several delegations called the adoption of the agreement “just the beginning”, while emphasizing the importance of ensuring its swift implementation.
The representative of Belgium, underscoring that the agreement represents “multilateralism as its best”, welcomed the treaty’s strong institutional arrangements, including a self-standing Secretariat. In that regard, he announced that Belgium would be honoured to host that Secretariat, if this represents the will of the State Parties.
The representative of Iceland, recognizing civil society’s support in keeping States “focused and on track” towards the agreement’s conclusion, also highlighted the major role of women negotiators in the process. He also noted that half a century ago Iceland was classified as a developing country. However, the Government realized that “they were supposed to be a donor and not recipient”. Thus, the sustainable use of the ocean has been a cornerstone of the country’s prosperity. “Conservation and sustainable use are not separate of conflicting notions, but two sides of the same coin,” he said.
Member States also detailed national measures for protecting biodiversity and implementing Sustainable Development Goal 14, including the representative of Saudi Arabia, who — pointing to the absence of renewable sources of drinking water in the country — said that his Government has launched several strategy projects, including the Saudi Vision 2030. Having planted 40,000 trees to reduce biodiversity deterioration and implemented efforts that protect marine and terrestrial flora and fauna, Saudi Arabia has also launched a global initiative for development acceleration platform research on coral reefs and a programme to combat desertification.
Along these lines, the representative of Dominican Republic spotlighted environmental threats — such as uncontrolled flourishing of sargassum that affects its beaches and tourism and plastic pollution — and reported that the Government has increased the environmental protection budget from less than 2 million Dominican pesos to 11 million and created a binational submarine corridor with Colombia to protect 30 per cent of the country’s waters. The new agreement has a potential to provide States with social and economic benefits, he stressed.
Some delegations took note of the geopolitical context in which the agreement was successfully adopted, with the representative of Senegal noting that such adoption speaks to something greater than the agreement itself — that, even in times of crisis, multilateralism remains the solution to problems faced by the international community. The agreement, which will strengthen the international legal framework, will serve to reduce disparities between countries of the Global North and the Global South through “win-win cooperation”, he observed.
The representative of Japan, similarly, spotlighted the importance of upholding a free, open international order based on the rule of law in order to move towards an international community characterized by cooperation. Sound financial management is indispensable for the effective implementation of the agreement, he stressed, calling on major donors to the United Nations regular budget to act as “responsible economic powers in the world” and make voluntary contributions proportionate to their economic capacity.
The representative of France, meanwhile, pointed out that this achievement — a major turning point in the international law of the sea — spells good news for the United Nations on its capacity to cope in a moment of doubt and challenge with current, collective challenges. She also said that, for its part, France will continue its commitment in this area by hosting the next United Nations Oceans Conference in Nice in 2025, along with Costa Rica.
Speakers, such as the representatives of Suriname and Tonga, took the floor to underline the need for the agreement’s entry into force and effective implementation following its landmark adoption. The latter delegate underscored that three words — “sign, ratify and implement” — are the international community’s next steps to bring the vital agreement to life. She also stressed the need for cooperation to enforce the measures set out in the agreement; capacity-building, transfer of marine technology and funding for small developing islands in the implementation phase; and access to knowledge and information to define appropriate measures to effectively conserve marine biodiversity of areas beyond national jurisdiction.
Joining a number of delegations hailing the special attention the agreement paid to the specific needs and vulnerabilities of landlocked developing countries, the representative of Malawi pointed out that such States must often live with the consequences of climate change from activities on the oceans when they have contributed very little to what happens thereon. The agreement empowers such countries with a voice and platform to assert equal rights with States on the oceans and its resources as the common heritage of mankind.
Similarly, Uganda’s delegate noted that the text recognizes the inherent embedded geographical impediments of lack of access to the sea, which includes insurmountable challenges that exacerbate economic and trade constraints, while Bolivia’s delegate further emphasized how such States suffer from isolation from international markets, lack of participation in multilateral trading system and high costs of import and export products.
The representative of Sri Lanka said she eagerly anticipated the establishment of a robust capacity-building and transfer of marine technology committee during the implementation phase. That committee will play a vital role in facilitating knowledge exchange — as developing countries such as hers need such initiatives to fulfil rights and responsibilities in a meaningful manner.
Italy’s delegate concurred that the mechanisms promoting the transfer of marine technology to developing countries will be instrumental to making the project truly universal, thus fostering knowledge, conservation and sustainable use of the precious biodiversity inhabiting the oceans. He further welcomed that the dispute-settlement mechanisms envisaged in the 1982 United Nations Convention on the Law of the Sea are imported into the text.
Also taking the floor were more than a dozen observers, including the representative of the International Union for Conservation of Nature, who highlighted the Union’s support during negotiations through its multidisciplinary independent experts in marine biology, finance and law. Advocating for establishing a preparatory commission for the agreement’s implementation, she also called for a pledging conference to mobilize funding for the interim period. In addition, she urged Member States to apply the agreement’s provisions on a voluntary basis, promote and support their voluntary application by other States and to take — as soon as possible — necessary national measures.
Meanwhile, the representative of International Seabed Authority, said the Authority can contribute to the new agreement’s objectives, drawing on three decades of its experience in multilateral ocean governance. It can also facilitate and promote the adoption of new or complementary area-based management tools that align with the agreement’s goals. In addition, the Authority can contribute to capacity-building and the transfer of marine technology, among other things.
Also offering support in the new agreement’s implementation, the representative of the United Nations Environment Programme (UNEP) said that — through its Ocean’s Programme and the Regional Seas Programme — the agency demonstrates what can be achieved by working together for common goals at regional and global scales.
Underscoring the importance of technical assistance and capacity development in implementing the new agreement, the representative of the Food and Agriculture Organization (FAO) said, that within its mandate and as guided by the Committee on Fisheries and other governing bodies, FAO stands ready to provide Member States with technical advice and implementation support of the “long-awaited” international instrument.
Some observers, including the International Maritime Organization (IMO), detailed how their organizations’ existing work can assist with implementing the agreement. Noting that the IMO regulatory framework applies to ships regardless of where in the ocean they operate, she pointed out that both her organization and the shipping industry more broadly will have a significant role to play in implementing the new instrument. Over the last 50 years, IMO member States and observers have negotiated and implemented important environmental treaties to preserve and protect the marine environment while ensuring a sustainable shipping industry that provides services on which the world relies.
Other speakers, including the observer for the High Seas Alliance, spotlighted their efforts to bring the voices of millions into negotiations on the agreement. Those voices are now urging that concrete steps be taken to enter the instrument into force. To that end, she called for a robust, diverse array of countries to sign the agreement on 20 September in order to send an important signal of commitment towards rapid ratification. Further, noting the need to secure 60 ratifications for the treaty to enter into force, she urged States, the European Union, financial institutions, regional groups and other actors that have generously pledged tens of millions of dollars to support ratification efforts in developing countries to clearly indicate the actions that must be taken to secure such funding.
Sounding a word of alarm, the representative of the Deep Sea Conservation Coalition emphasized that degradation of deep sea ecosystems and loss of biodiversity in areas beyond national jurisdiction, if deep seabed mining were to occur — along with the adverse effects of current deep sea bottom fishing, in particular through bottom-trawling — are incompatible with commitments in the agreement. Noting that the momentum against deep seabed mining is growing, he called on all parties to the Law of the Sea Convention to ensure that the procedure does not occur unless and until there is sufficient scientific information to assess risks and ensure that the marine environment is protected.
In another track, the representative of the International Cable Protection Committee affirmed that submarine cable installation and repair constitute a sustainable use of areas beyond national jurisdiction, with scientific evidence and peer-reviewed publications showing that these activities have a neutral-to-benign environmental footprint. Therefore, he said he expected that, under the agreement, such activities will fall below thresholds that would trigger screening or an environmental impact assessment. Further, such activities will coexist with the new marine protected areas to be created, allowing submarine cables — which transmit almost all Internet, voice, and data traffic — to provide international communications, which the Law of the Sea Convention recognized as a key objective.
Noting the importance of benefit-sharing related to marine resources, as well as digital sequence information, the representative of the Third World Network expressed concern that article 10.1 of the agreement allows parties to opt out of those initiatives — undermining the recognition that utilization triggers benefit-sharing. She voiced hope that parties will exercise good faith and not opt out, as the source of genetic marine resources and digital sequence information is the common heritage of all humankind.
RENA LEE (Singapore), President of the Intergovernmental Conference, expressing gratitude to those present for participating in the general exchange of views, underscored the importance of looking forward to constructing the next chapter of the “BBNJ story”. Turning to Member States and observers, she said: “You made this all possible. With your passion, commitment, determination, vision and flexibility you brought us here.” Recalling the first song she has quoted during the negotiations process, she cited: “If the wind in my sail in the sea stays behind me, one day we will know if we go; there is just no telling how far we go.” However, the Conference has gone “much further than several expected” — even in the last hours of the last session, she pointed out, adding: “Thank all of you for being the wind in my sail on the sea.”
Other Matters
VLADIMIR JARES, Secretary of the Intergovernmental Conference, and Director, Division for Ocean Affairs and the Law of the Sea, provided an update on the current financial status of the Voluntary Trust Fund for the purpose of assisting developing countries in attending the meetings of the Intergovernmental Conference. The Trust Fund has facilitated the participation of 19 delegates from developing countries, of which 12 were from least developed countries, landlocked developing States or small island developing States in the resumed session of the Conference, he reported. Recalling that the Fund’s balance as of 31 May was estimated at $12,800, he said the remaining funds have been allocated for this session. Therefore, as of 14 June, all funds have been completely used. Recalling that States were requested to submit completed application by 2 May, he reported that 20 applications were received, of which 19 were completed on time.
Action
The Conference then took up the draft report on the Intergovernmental Conference (document A/CONF.232/2023/L.2), that was issued in March in all official languages and made available on the Conference website. Updates have been made to reflect the proceedings of the resumed fifth session, held in February and March, while the updated version of the draft report has been shared with all delegations by email.
Ms. LEE (Singapore), President of the Intergovernmental Conference, invited the Conference to amend the report to include credentials of Morocco and Namibia in paragraph 24. Further, she detailed certain revisions in paragraphs 28 and 29 of the report regarding explanations of position by two States following the adoption of the draft treaty, and paragraph 29 pertaining to the Russian Federation's explanation of position stating his country’s disassociation of consensus, along with a related footnote on that explanation of position.
The representative of the Russian Federation asked whether the footnote would be placed on the same page as paragraph 29 and his country’s explanation of position.
Ms. LEE confirmed this procedural arrangement.
The representative of Jamaica, speaking for the Caribbean Community (CARICOM), expressed significant concern over the unprecedented approach of amending the report. While underscoring that there is a standard procedure for disassociation and stressing that his country is a small State that consistently tries to uphold the multilateral system, he nevertheless said that CARICOM will not block the adoption of the report.
The representative of the Russian Federation then observed that the process itself — along with its outcome — was largely unprecedented. He said that his delegation demonstrated “a great degree of flexibility” and was faced with a simple choice: either request a vote on the instrument and vote against it due to serious objections or meet halfway those delegations that believe in this instrument.
The Conference then adopted its draft report, as amended, without a vote, the text of which details its procedural history from formation by resolution General Assembly resolution 72/249 in 2017 through the five sessions it has held to date. The report also contains information specific to the Conference's fifth session, including: organizational matters and proceedings; credentials; attendance; recommendations; consideration and adoption of the Conference's final documents and report; and a list of relevant documents.
Closing Remarks
Ms. LEE (Singapore) thanked the Conference teaching her through their suggestions, experiences, flexibility and different views. She also recalled her words at the start of the Conference’s fifth session: “We need to finish talking so we can start acting.” She then urged those present to take action to sign and ratify the agreement, prepare for the first meeting of the Conference of the Parties and contribute to slowing down — “even if we don’t completely halt” — the projected loss of one third of maritime mammals and reef-forming corals.
Noting that she will be at Headquarters on 20 September, she expressed hope that she will see a long queue of ministers waiting to sign the agreement. She added that, as those present participate in other processes and meetings, they can lead by example by bringing with them the knowledge and experience that “it is possible for us to work together collectively, positively — in service of our oceans, in service of our planet and in service of our people”.