Treaty to Protect the High Seas: Negotiations in Troubled Waters


A message from Greenpeace on an illuminated sign calling for ocean protection ahead of the resumption of negotiations by UN member states on a treaty to protect the high seas, on August 14, 2022 in New York (AFP/Archives/ANGELA WEISS)

This session should be the last, but Friday, the last day of two weeks of negotiations to develop a treaty to protect the high seas, observers oscillate between fears of failure and hope for a miracle.

After more than 15 years of informal and then formal discussions to produce a binding text aimed at protecting this vast area which covers almost half of the planet, calls for this 5th session to finally be the last have multiplied lately. month.

The fifty or so member countries of the Coalition for a high ambition of this agreement, led by the European Union, have pleaded in particular for the conclusion of an agreement which will really make it possible to protect the ocean this year.

But “the negotiations are on the brink of failure, because of the greed of the Coalition countries for a high ambition and others like Canada and the United States”, denounced Greenpeace.

One of the most contentious points concerns the distribution of the possible profits resulting from the exploitation of the genetic resources of the high seas, where pharmaceutical, chemical and cosmetic industries hope to discover miraculous molecules.

Seeming to go in the direction of developing countries who fear to miss out on potential benefits for lack of being able to conduct this expensive research, the draft text published a few days ago put on the table the redistribution of 2% of future sales of products from these resources that belong to no one.

But since then, “there has been a big step backwards”, judged Will McCallum, of Greenpeace, accusing in particular the EU of refusing this sharing. “It’s not even real money, just a guess for the future, that’s what’s really frustrating,” he told AFP.

Charges rejected by the EU. “We are ready to contribute to the agreement (…) through various sources of funding, (agreement) which in our view must include a fair sharing of the benefits of marine genetic resources at the global level”, indicated a European negotiator at AFP.

These issues of North-South equity run through numerous international negotiations, in particular climate negotiations where developing countries that are victims of global warming but not responsible are vainly demanding that rich countries respect their promises of financial aid.

– “Too close to the goal to fail” –

If Greenpeace has been very pessimistic, others are still hoping for an agreement on Friday.

“It’s slow, but there is always a will in the room to succeed,” assured AFP Liz Karan, of the NGO Pew Charitable Trusts. “I wouldn’t call it a failure yet, but the clock is ticking.”

Sharing the oceans

Sharing the oceans (AFP/Sylvie HUSSON)

“We can do it, but countries, especially those who claim to be defenders of the oceans, must show more ambition and flexibility,” also said Jihyun Lee, from the NGO collective Alliance for the High Seas. We are too close to the goal to fail.”

This treaty specifically targets the high seas which begins where the exclusive economic zones (EEZ) of the States end, at a maximum of 200 nautical miles (370 km) from the coast, and which is therefore not under the jurisdiction of any country.

While the good health of marine ecosystems is crucial for the future of humanity, in particular to limit global warming, only 1% of this space, which represents 60% of the oceans, is protected.

One of the pillars of the treaty on “the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction” is to allow the creation of marine protected areas there. “A crucial step in efforts to protect at least 30% of the planet by 2030,” said Maxine Burkett, an oceans official at the US State Department.

Oceans in danger

Oceans in danger (AFP/Archives/John SAEKI)

But the delegations still disagree on the process of creating these areas, as well as on the methods of application of the obligation of environmental impact studies before a new activity on the high seas.

“They have made a lot of progress since the start of negotiations two weeks ago on very controversial issues”, however commented to AFP Klaudija Cremers, researcher at the Institute for Sustainable Development and International Relations (IDDRI). , which like several NGOs has an observer seat in the negotiations. “That could be the boost for a deal.”

© 2022 AFP

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