A step towards saving the oceans
Agnes Wee SCN &
David Hughes
WHEN serving at sea and, much more recently on a cruise through Asian waters, I realised just how much we take from the oceans. I remember the vast fishing fleets off West Africa and massive fish meal factories at Walvis Bay. Cruising through the East China sea a few years ago, we sailed through a huge fishing fleet, which I think was catching squid, for more than a day.
So, when I read that Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) had come with a draft instrument, I was interested.
The new BBNJ was agreed on Mar 4, following the conclusion of the fifth round of treaty negotiations at the United Nations headquarters in New York, and it was the culmination of two decades of negotiations.
I ploughed the draft text as best I could, admittedly understanding less the further I went. Nevertheless, the BBNJ agreement does appear to be a major step forward.
A crucial provision is that 30 per cent of the high seas will be transformed into nature reserves in which human activities are strictly regulated. These include sustainable shipping, scientific research and exploration, sustainable water tourism, and controlled fishing.
The International Maritime Organization (IMO) has welcomed the landmark agreement on a new oceans treaty to protect marine biodiversity on the high seas.
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IMO Secretary-General Kitack Lim said: “Following almost two decades of discussions and negotiations, I am pleased to see the conclusion of the new legally binding instrument on marine biodiversity in areas beyond national jurisdiction, which was finalised in New York on Saturday, Mar 4. This landmark achievement will no doubt reinforce efforts to protect biodiversity in line with the aims of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Framework for Biodiversity.
“IMO has participated throughout the negotiations given the organisation’s mandate and expertise and will continue to participate, in the implementation of the new instrument. IMO looks forward to further strengthening our cooperation with member states, the UN family and all other stakeholders.”
Lim noted that the BBNJ treaty addresses, among other things: the conservation and sustainable use of marine BBNJ; marine genetic resources, including questions on benefit-sharing; Area Based Management Tools, including marine protected areas; environmental impact assessments; and capacity-building and the transfer of marine technology.
He emphasised that IMO has been present throughout the negotiations and has actively cooperated with the UN, in particular with Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations; the International Seabed Authority and with other specialised agencies like the Food and Agriculture Organization of the United Nations, Intergovernmental Oceanographic Commission (IOC) of Unesco and the International Labour Organization.
IMO officials have outlined the organisation’s experience in developing universal binding regulations for international shipping to ensure shipping’s sustainable use of the oceans, through more than 50 globally-binding treaties.
Lim pointed out that IMO regulations are enforced through a well-established system of flag, coastal and port state control. Many IMO measures actively contribute to the conservation of marine biological diversity in areas beyond national jurisdiction, including the International Convention for the Prevention of Pollution by ships and the International Ballast Water Management Convention – which aims to prevent the transfer of potentially invasive aquatic species – as well as the London Convention and Protocol regulating the dumping of wastes at sea.
Lim added: “IMO has adopted numerous protective measures, which all ships must adhere to, both in and outside designated sensitive sea areas and in special areas and emission control areas. These include strict rules on operational discharges as well as areas to be avoided and other ship routing systems, including those aimed at keeping shipping away from whales’ breeding grounds. IMO’s Polar Code is mandatory for ships for operating in the Arctic and Antarctic. IMO has also issued guidance on protecting marine life from underwater ship noise.”
Achieving a draft text is major milestone, but there is still a long way to go before an agreed final treaty comes into force. For that to happen, it will have to be ratified by 60 states.
To implement the eventual treaty, a dedicated secretariat will be needed. It so happens that Belgium is offering to provide this body and has the support of its shipowners. The Royal Belgian Shipowners’ Association (RBSA) has applauded the draft text as a “historic move” and congratulated the Belgian government’s “active role in the development and finalisation of the agreement”.
According to RBSA, the new secretariat will also manage a separate budget. The high-level call for the treaty was bolstered by the announcement of more than US$100 million in funding to support the ratification and implementation of the treaty. The pledge was made possible by both private and public philanthropic institutions including Bloomberg Philanthropies, the Global Environment Facility and Oceans 5. The European Union has pledged 40 million euros (S$57.7 million) as part of its Global Ocean Programme.
RBSA managing director Wilfried Lemmens said: “Belgian shipping represents a wide spectrum of shipping sectors, yet we are united in our belief that human activities including merchant shipping should respect the sustainability of our oceans and their marine life. With the new treaty, we are able to protect one-third and hopefully more of our marine environment.”
It is probably being far too optimistic to believe this treaty, when and if it eventually enters into force, will be able to restore the oceans to something like the abundance of pre-industrial times. But it would still be a major achievement to put its ambitious provisions into effect.
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