2023-05-26 21:17:55
Lhis treaty obliges states to adopt ocean conservation measures with a fair and equitable sharing of benefits.
Par: Michael Imran Kanu
artifirsov – stock.adobe.com
Le Morne in Mauritius.
On March 4, 2023, after 36 hours of intense final negotiations, Singaporean Ambassador Rena Lee and the President of the Intergovernmental Conference on an International Legally Binding Instrument under the United Nations Convention on the Law of the Sea (UNCLOS ) on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ), said the “vessel has reached shore”.
Ambassador Lee’s announcement said agreement had been reached on the text of a landmark treaty on marine biodiversity of areas beyond national jurisdiction, also known as the “Treaty on the High sea ”. It is a significant triumph of multilateralism, concluding a 20-year process, including a decade of negotiations.
The BBNJ treaty includes rules relating to the management of marine life, the carrying out of environmental impact studies and the creation of marine protected areas on the high seas.
United Nations Secretary-General António Guterres set the tone from the start of the conference in New York. “Our ocean has been under pressure for decades […] [et nous] we can no longer ignore the ocean emergency,” Mr. Guterres said.
He advised delegates to take a “big step forward to counter these destructive trends and advance the health of the oceans for generations to come. This treaty can ensure the conservation and sustainable use of the marine biological diversity of more than two-thirds of our living ocean space”.
The role of the African group
Given that African states have little access to the high seas and have no activities directly related to marine genetic resources (MGRs), why is the BBNJ agreement important for Africa?
The African group of negotiators played an important role in the BBNJ agreement, influencing some of its substantive provisions, particularly on marine genetic resources, including fair and equitable benefit sharing.
Throughout the negotiations, the African group stressed the importance of a global and holistic framework for adopting conservation measures and ensuring equity in the sustainable use of ocean resources.
The group has anchored its position in the principle of international law of the common heritage of mankind, which establishes that the resources of certain localities belong to all of humanity, including developing countries.
While emphasis has been placed on the fair and equitable sharing of the benefits derived from the living marine resources of areas beyond national jurisdiction, it is equally important to ensure the sustainability of the oceans for present and future generations, in line with Goal 14 of the 2030 Agenda for Sustainable Development.
Hope for a healthy ocean
For a young African scientist, the BBNJ agreement is an opportunity to participate in research projects and access samples, databases, repositories and digital sequence information.
The BBNJ agreement rekindles hope for a healthy ocean, planet and human life. Access to ocean resources will help African states fight hunger and poverty and foster socio-economic development.
Some feared that African states would be excluded from access to ocean resources and that a treaty obliging states to adopt conservation measures without a fair and equitable sharing of benefits would have been unfair. Fortunately, the BBNJ addressed these concerns.
With regard to MGRs, the African group has achieved its goal of ensuring that MGR-related activities will benefit all, including by advancing scientific knowledge.
The agreement provides for the establishment of a notification system in order to make information available through a clearing house at each stage of access to MGRs.
There is an obligation to share monetary and non-monetary benefits fairly and equitably, and for developed countries to make upfront payments to fund capacity building for the implementation of the agreement upon entry into force. This will reduce financial constraints on African states.
In order to promote scientific knowledge, the provisions of the BBNJ agreement extend to MGR and digital sequence information (DSI) collected or generated before the entry into force of the agreement, unless a State declares that it is otherwise. Nevertheless, the agreement allows African scientists to access old samples from marine scientific research and samples collected under the BBNJ.
For a young African scientist, the BBNJ agreement is an opportunity to participate in research projects and access samples, databases, repositories and digital sequence information.
Another progress is the establishment of a comprehensive system of area-based management tools (ABMT), with networks of ecologically representative and well-connected marine protected areas.
The adoption of conservation and management measures will protect, preserve, restore and maintain biodiversity and ecosystems that will contribute to Africa’s food security and the achievement of other socio-economic goals.
It is no secret that fishing companies in developed countries practice overfishing in the high seas areas adjacent to the exclusive economic zones of African coastal states. The BBNJ’s emphasis on marine ecological connectivity and other measures will limit this unsustainable and unregulated illegal fishing. African coastal states, of which we are 38, will benefit greatly.
It is no secret that fishing companies in developed countries practice overfishing in the high seas areas adjacent to the exclusive economic zones of African coastal states. The BBNJ’s emphasis on marine ecological connectivity and other measures will limit this unsustainable and unregulated illegal fishing. African coastal states, of which we are 38, will benefit greatly.
Assistance to developing countries
The agreement plans to help developing countries build their capacity to prepare, conduct and assess environmental impact assessments (EIAs). This will ensure that activities on the high seas are assessed in a way that prevents, mitigates and manages adverse environmental effects and protects and preserves the marine environment.
Previous coordinators
Lawyer Thembile Joyini (South Africa), and
- Mehdi Ramaoun (Algeria)
Leaders – ABMT
Mme Marie-May Jeremie (Seychelles),
Mme Tamara Thomas (Seychelles),
Mamadou Diallo (Senegal)
Chefs de file – EIE
Mme Vreeshini Raojee (Maurice),
Mme Tamara Thomas (Seychelles)
Leaders – CBTMT
Ms. Aahde Lahmiri (Morocco), Ambassador James Waweru (Kenya)
Chef de file – transversal
Ms. Thembile Joini (South Africa)
Advisors
Babjide Alo (Nigeria)
Jean Kenfack (Cameroon)
Ms. Sheena Talma (Seychelles)
The agreement addresses the core issues of transboundary damage and cumulative impacts, which is important for African states.
Through the unified voice of developing states, concrete commitments have been made on Capacity Building and Transfer of Marine Technology (CBTMT) to support the effective implementation of the agreement.
In addition, the CBTMT will be based on the needs and priorities of developing States, identified through needs assessments, and will respond to them on a case-by-case basis, at the sub-regional or regional level.
Following the agreement, the formalities of adoption by the Member States of the United Nations, ratifications at the national level and the implementation of the essential provisions by the parties remain to be completed. These tasks must be carried out in such a way that the progress made so far is not compromised or reversed. Sixty Member States must ratify the treaty for it to enter into force, that is to say for it to produce legal effects.
When funding and implementing the agreement, it is essential to recognize the specific needs of developing States, including small island developing States, least developed countries, landlocked developing countries and coasts of Africa.
In conclusion, the BBNJ agreement is in Africa’s interest, but its effective implementation will determine its real impact on oceans, people and the planet.
Michael Imran Kanu is Ambassador and Deputy Permanent Representative of Sierra Leone to the United Nations. He is the coordinator of the African group on BBNJ and the lead for MGR.
#Africa #benefiting #historic #treaty #high #seas #maritime #biodiversity