An unknown medusa-like plankton viewed from a submersible in the Gulf of Mexico, as part of the NOAA Office of Ocean Exploration’s Operation Deep Scope 2005. With the increase in the research into and exploitation of marine genetic resources, more and more patents on them are being filed annually. Credit: Dr. Mikhail Matz/public domain

By Dr. Palitha Kohona
UNITED NATIONS, Jan 29 2015 (IPS)

After almost 10 years of often frustrating negotiations, the U.N. ad hoc committee on BBNJ decided, by consensus, to set in motion a process that will result in work commencing on a legally binding international instrument on the conservation and sustainable use, including benefit sharing, of Biological Diversity Beyond Areas of National Jurisdiction.

Dr. Palitha Kohona. Credit: UN Photo/Mark Garten

As a consequence, the General Assembly is expected to adopt a resolution in the summer of 2015 establishing a preparatory committee to begin work in 2016 which will be mandated to propose the elements of a treaty in 2017, to be adopted by an intergovernmental conference.

The Ad Hoc Working Group, established in 2006, has been meeting regularly since then. In 2010, for the first time, it adopted a set of recommendations which were elaborated methodically until the momentous decision on Saturday.

This decision will impact significantly on the biggest source of biodiversity on the globe.

The political commitment of the global community on BBNJ was clearly stated in the 2012 Rio+20 Outcome Document, “The Future We Want”, largely at the insistence of a small group of countries which included Argentina, Sri Lanka, South Africa and the European Union (EU).

It recognised the importance of an appropriate global mechanism to sustainably manage marine biodiversity beyond national jurisdiction.

In 2013, GA resolution A/69/L.29 mandated the UN Ad Hoc Working Group to make recommendations on the scope, parameters and feasibility of an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) to the 69th Session of the GA.While there are hundreds of thousands of known marine life forms, some scientists suggest that there could actually be millions of others which we will never know. These, including the genetic resources, could bring enormous benefits to humanity, including in the development of vital drugs.

During the past few years our understanding of biological diversity beyond national jurisdiction has advanced exponentially. The critical need to conserve and sustainably use this vast and invaluable resource base is now widely acknowledged.

The water surface covers 70 percent of the earth. This marine environment constitutes over 90 percent of the volume of the earth’s biosphere, nurturing many complex ecosystems important to sustain life and livelihoods on land. Two thirds of this environment is located in areas beyond national jurisdiction.

The contribution of oceans to the global economy is estimated to be in the billions of dollars.

While there are hundreds of thousands of known marine life forms, some scientists suggest that there could actually be millions of others which we will never know. These, including the genetic resources, could bring enormous benefits to humanity, including in the development of vital drugs.

With the increase in the research into and exploitation of marine genetic resources, more and more patents based on them are being filed annually.

The value of these patents is estimated to be in the billions of dollars. It is increasingly obvious that mankind must conserve the resources of the oceans and the associated ecosystems and use them sustainably, including for the development of new substances.

At the same time, unprecedented challenges confront the marine environment and ecosystems. Overfishing, pollution, climate change, ocean warming, coral bleach and ocean acidification, to name a few, pose a severe threat to marine biological resources. Many communities and livelihoods dependent on them are at risk.

While 2.8 percent of the world’s oceans are designated as marine protected areas, only 0.79 percent of such areas are located beyond national jurisdiction. In recent times, these protected areas have become a major asset in global efforts to conserve endangered species, habitats and ecosystems.

While the management of areas within national jurisdictions is a matter primarily for states, the areas beyond are the focus of the challenge that confronted the U.N. Ad Hoc Working Group.

Developing countries have insisted that benefits, including financial benefits, from products developed using marine genetic resources extracted from areas beyond national jurisdiction must be shared equitably.

The concept that underpinned this proposition could be said to be an evolution of the common heritage of mankind concept incorporated in UNCLOS.

The Ad-Hoc Working Group acknowledged that UNCLOS, sometimes described as the constitution of the oceans, served as the overarching legal framework for the oceans and seas. Obviously, there was much about the oceans that the world did not know in 1982 when the UNCLOS was concluded.

Given humanity’s considerably better understanding of the oceans at present, especially on the areas beyond national jurisdiction, the majority of participants in the Ad Hoc Working Group pushed for a new legally binding instrument to address the issue of BBNJ.

Last Saturday’s decision underlined that the mandates of existing global and regional instruments and frameworks not be undermined; that duplication be avoided and consistency with UNCLOS maintained.

The challenge before the international community as it approaches the next stage is to identify with care the areas that will be covered by the proposed instrument in order to optimize the goal of conservation of marine biodiversity. It should contribute to building ocean resilience, provide comprehensive protection for ecologically and biologically significant areas, and enable ecosystems time to adapt.

The framework for sharing the benefits of research and developments relating to marine organisms needs to be crafted sensitively. Private corporations which are investing heavily in this area prefer legal certainty and clear workable rules.

An international instrument must establish a framework which includes an overall strategic vision that encompasses the aspirations of both developed and developing countries, particularly in the area of benefit sharing.

Facilitating the exchange of information between States will be essential to achieve the highest standards in conserving and sustainably using marine biodiversity, particularly for developing countries. They will need continued capacity building so that they can contribute effectively to the goal of sustainable use of such resources and benefit from scientific and technological developments.

To address the effects of these complex dynamics, the proposed instrument must adopt a global approach, involving both developed and developing countries.

Edited by Kitty Stapp

Excerpt:

Over 10 million residents of Small Island Developing States depend on the Pacific Ocean for survival. Credit: Catherine Wilson/IPS

By Catherine Wilson
SYDNEY, Jun 8 2013 (IPS)

The immense scale of the Pacific Ocean, at 165 million square kilometres, inspires awe and fascination, but for those who inhabit the 22 Pacific island countries and territories, it is the very source of life. Without it, livelihoods and economies would collapse, hunger and ill-health would become endemic and human survival would be threatened.

But as populations rapidly escalate, the sustainable future of this vast ecosystem hangs in the balance, while the pressing need for economic development in a region of Small Island Developing States competes with the urgency of combating climate change and stemming environmental loss.

In a message to the global community on Saturday, designated by the United Nations as World Ocean Day, U.N. Secretary-General Ban Ki-moon urged nation states to “reverse the degradation of the marine environment due to pollution, overexploitation and acidification.” Nowhere is this triple threat more evident than in the waters of the Pacific.

The largest ocean in the world, it covers one third of the earth’s surface and an area more expansive than the total of all its landmasses, while its natural processes determine the global climate.

The ocean’s health is crucial to the food security of the region’s population of 10 million, whose annual fish consumption is three to four times the world average. For the rural majority, 60 to 90 percent of sea harvests are used for sustenance, while 47 percent of households depend on fishing as a main source of income.

At the regional level, the commercial fisheries sector – dominated by the tuna industry – contributes to approximately 10 percent of gross domestic product (GDP) and 80 percent of all exports in one quarter of Pacific Island states.

However these coastal fisheries are now recognised as the most threatened by over-exploitation, pollution and climate change.

In Melanesian countries like the Solomon Islands – an archipelago nation of more than 900 forest-covered islands, lying just east of Papua New Guinea – population growth, which is 2.7 percent per year, is putting major pressure on resources. It is estimated that about 55 percent of Pacific Island nations have over-exploited coral reef fisheries.

Concerns about marine pollution have been exemplified by the ‘Great Pacific Garbage Patch’, also known as the world’s largest landfill, a massive swirling gyre of 3.5 million tonnes of waste in the North Pacific Ocean.

Joeli Veitayaki, head of the School of Marine Studies at the University of the South Pacific in Fiji, believes that “waste management is the biggest issue.”

“In some of the main population centres, there is no waste collection or treatment systems, while in others inappropriate methods are used. Communities and civil authorities are treating non-biodegradable and highly toxic waste as they have treated biodegradable waste,” he told IPS, adding, “Waste oil from some commercial operators is being disposed of in environmentally damaging ways that cause irreparable damage.”

The main sources of marine pollution are sewage, urban, agricultural and industrial run-off and plastic waste. In populated coastal island areas, plastic bags, containers and bottles are highly visible, suffocating marine habitats. Studies have revealed that fish in the North Pacific region are ingesting between 12,000 to 24,000 tonnes of plastic per year.

With UNICEF reporting that the average improved sanitation coverage in Oceanic countries is less than 50 percent, sewage remains a significant threat to the health of human and marine life.  Up to 25 percent of rural communities practise open defecation and piped untreated sewerage from many urban centres is discharged directly into the sea.

Future challenges to the ocean will come from climate change as increasing sea temperatures and ocean acidity are expected to drive alterations in fish populations and lead to the breakdown of coral reef systems that are important harbours of marine biodiversity.

Marine life has already been impacted by factors ranging from destructive fishing to pollution. According to the International Union for the Conservation of Nature (IUCN)’s Red List of Threatened Species, Papua New Guinea has incurred the highest losses in the region, with a total of 196 endangered marine species, including 157 species of coral, 20 species of sharks and four species of turtles. This year the Secretariat of the Pacific Regional Environment Programme (SPREP) launched a regional marine species conservation programme to improve protection of dugongs, marine turtles, whales and dolphins.

Pacific Islanders who have maintained a close cultural, social and economic relationship with the sea for thousands of years acknowledge the imperative of preserving the ocean for future generations.

In 2010, recognising that “no single country in the Pacific can by itself protect its own slice of oceanic environment”, the Pacific Islands Forum launched the regional Pacific Oceanscape initiative, a strategic framework to improve ocean governance.

“So far no (Pacific Island) country has formulated a national ocean policy to guide the action and activities in its maritime zones,” Veitayaki pointed out.

But action at the national level has included the acclaimed development of Marine Managed Areas (MMAs) that incorporate customary traditions of resource access and governance. There are approximately 1,232 active MMAs in the Pacific region covering 17,000 square kilometres, with 10 percent being designated as ‘no-take zones.’

Significant Marine Protected Areas (MPAs) include the Phoenix Islands Protected Area established by the government of Kiribati – a low-lying nation in the Central Pacific Ocean comprising a coral reef and 32 atolls – and the one-million-square-kilometre Cook Islands Marine Park, currently the world’s largest.

The century ahead will witness increasing human stresses on the Pacific Ocean as islanders with limited land areas and resources turn to the sea in search of ways to boost economic development.

Burgeoning deep sea mineral exploration projects, such as the Solwara 1 project in the vicinity of Papua New Guinea, has galvanised regional debate about the potential economic windfalls versus long term environmental impacts, the dearth of knowledge about deep sea marine biodiversity and the present lack of national governance and legislative frameworks to regulate commercial activity on the seafloor.

The future success of ocean management is dependent on reliable marine scientific data and building national capacities that enable policy implementation.

“Lack of up to date data is a major hindrance as we are always reacting to problems, such as depleting fisheries, damaged coral reefs and high pollution levels,” Veitayaki explained. “If assessments were better, management could be more preventive.”

Capacity for implementation, which he acknowledges has always been a major challenge for developing nations in the region, whether in terms of financial, technical or human resources, will demand more innovative and collaborative approaches by the diverse Pacific Island peoples whose survival depends on a healthy ocean.