Preparatory Commission Established for Ocean Biodiversity Treaty

The Preparatory Commission for a new treaty on marine biodiversity is currently in session in New York, addressing critical operational aspects of the agreement. The treaty, formally known as the Agreement 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, was adopted on June 19, 2023. With 113 signatories, including 21 ratifications, the commission is focusing on the Clearing-House Mechanism, the secretariat’s location, and procedural rules for subsidiary bodies. The session runs from April 14 to 25, 2024, and involves discussions among member states and stakeholders.

Clearing-House Mechanism Under Discussion

During the session, delegates engaged in discussions about the Clearing-House Mechanism, which aims to serve as a centralized platform for parties to access and share information related to the treaty’s implementation. This mechanism, managed by the treaty’s secretariat, is designed to facilitate capacity-building and technology transfer among member states. Samoa’s representative emphasized the need for the mechanism to cater to the unique challenges faced by developing states, particularly small island nations, which often struggle with limited internet connectivity and technological resources.

The delegate from Iraq, representing the Group of 77 developing countries and China, echoed these sentiments, advocating for improved access to information, capacity-building, and funding opportunities for developing nations. He also highlighted the importance of training and scholarships in scientific fields. Senegal’s representative stressed the necessity of equal access to the mechanism, suggesting that offline access should be a fundamental feature due to the digital divide. Vanuatu’s delegate called for sustainable financial resources and a user-friendly design that respects the traditional knowledge of Indigenous Peoples. Mexico’s representative proposed technical enhancements, including varying access levels based on user type, while the Bahamas suggested protocols for offline access. China advocated for a phased implementation approach, prioritizing essential functionalities.

Functioning of the Secretariat

Another significant topic of discussion was the functioning of the treaty’s secretariat, including potential host locations. Chile and Belgium both expressed interest in hosting the secretariat, while South Africa emphasized the need for the host country to ensure equal participation and access for all delegations. The representative from South Africa also supported the idea of a “BBNJ visa” to facilitate movement for delegates.

Palau’s delegate proposed a formal timeline for countries to express interest in hosting the secretariat, stressing the importance of transparency in the selection process. Trinidad and Tobago’s representative highlighted the Preparatory Commission’s role in guiding the Conference of the Parties to facilitate the selection of the secretariat’s seat, advocating for clarity and transparency in the process.

Rules of Procedure Under Review

The commission also resumed discussions on the rules of procedure that will govern the Conference of the Parties. The representative from Singapore, speaking for the Alliance of Small Island States, supported the application of the Conference’s procedural rules to subsidiary bodies. This approach was echoed by the European Union and the African Group, who emphasized the need for legal clarity and effective functioning of these bodies.

However, Argentina’s representative cautioned that a general application of the rules may not adequately address all aspects of subsidiary body operations, suggesting that additional rules may be necessary. Switzerland’s delegate expressed concerns about allowing subsidiary bodies to adopt their own rules, advocating instead for a model set of rules to ensure consistency. Türkiye’s representative stressed the importance of aligning the rules with the treaty’s provisions.

The North-East Atlantic Fisheries Commission’s observer highlighted the need for regional fisheries-management organizations to be involved in the drafting of these rules, given their practical experience and expertise.

The ongoing discussions reflect a collaborative effort among member states to establish a robust framework for the treaty’s implementation, ensuring that it effectively addresses marine biodiversity conservation and sustainable use.

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