FIJI is on track to ratify the Biodiversity beyond National Jurisdiction (BBNJ) agreement, considered the most important ocean agreement to be adopted in the last 25 years.
The agreement has 112 signatories, however, only 21 countries have ratified it, and this includes three Pacific nations — Marshall Islands, Federated States of Micronesia and Palau.
This week stakeholders submitted whether Fiji must ratify the BBNJ agreement to members of the Standing Committee on Foreign Affairs and Defence.
Yesterday (27.03), the Ministry of Environment and Climate Change team agreed that Fiji must take this step in order to preserve and protect its biodiversity and marine resources.
Permanent secretary Dr Sivendra Michael said the ministry looked after several multilateral environmental agreements which also related to the protection of marine biodiversity.
These include but are not limited to: the Convention on Biological Diversity and Nagoya Protocol, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Ramsar Convention on Wetlands of International Importance and Convention on the Conservation of Migratory Species of Wild Animals.
“The BBNJ agreement does not and will not interfere with existing national efforts to conserve our marine time areas declared in accordance with UNCLOS and the sustainable management of our marine resources in accordance with Fiji’s national laws and policies,” he said.
Dr Michael said the agreement would complement Fiji’s national efforts, including the country’s commitment to protecting 30 per cent of its ocean by 2030.
He said this would also mean the protection of threatened species that crossed maritime borders, including humpback whales, hammerhead sharks, turtles and other species listed in Fiji’s Endangered and Protected Species Act 2002.
What does ratification entail?
Dr Michael said it was important to note that ratifying this agreement would not in itself automatically lead to marine protected areas (MPAs) being designated in areas beyond Fiji’s national jurisdiction.
He said the successful implementation of the BBNJ Agreement would still require a variety of critical steps which would rely on all parties’ cooperation.
“For example, area based management tools or MPAs, for them to be established in the high seas, there must be a full process undertaken in accordance with the BBNJ agreement, including, but not limited to, the following proposals, publicity, consultation and a decision by consensus to be established.
“In essence, MPA(s) in the high seas will come into existence when all parties agree that they exist in accordance with the processes and decision making procedures contained in the BBNJ.”
In order to have a say in international decision making, especially where MPAs were designated in areas beyond Fiji’s national jurisdiction, Fiji would need to be a party to the agreement to have its voice and views taken into account and be part of this decision making process.
“The BBNJ Agreement marks a significant advancement by providing a mechanism for parties to collaborate on protection, management and equitable resource sharing in the high seas.
“This addresses the critical need for regulation in these previously inaccessible regions, a necessity that has emerged with advancing technology.”
He said without the BBNJ Agreement, there was no legal framework to control exploitation of ocean resources.
“Specifically, the BBNJ Agreement applies to high seas and the area as defined by UNCLOS, the sea bed, the ocean floor, the subsoil beyond our national jurisdiction.”
Fiji’s Dynamic Role
Dr Michael said Fiji had supported addressing ocean challenges since the early days, both nationally and as a member of the Pacific Small Island Developing States (P-SIDS).
He said negotiators had worked tirelessly to ensure robust language in all four major parts of this agreement, including marine genetic resources, which includes fair and equitable sharing of benefits.
Through this, Fiji could access research and data, as well as source funding through benefit sharing agreements.
“Activities under this part must be in the interest of all states and for the benefit of all humanity, particularly for the benefit of advancing the scientific knowledge of humanity and promoting the conservation and sustainable use of marine biodiversity, taking into consideration the interest and the needs of developing states, in paricular, SIDS,” he said.
“The measures, such as area based management tools, which include marine protected areas, will also support developing countries, including through capacity building and the transfer of marine technology.”
The BBNJ Agreement also outlines environmental impact assessments (EIAs), which establishes the requirements for assessing and managing planned human activities affecting marine biodiversity in areas beyond national jurisdiction.
The scope of this provision covered both activities taking place in the high seas as well as activities taking place within our national jurisdiction.
“The scientific and technical body under this agreement will allow independent review to provide advice, evaluate the EIA reports and develop guidelines and standards parties such as Fiji.
“If ratified, (we) can use our national EIA processes to determine whether a proposed activity may cause substantial pollution of or significantly or cause significant and harmful changes to our marine environment in our areas beyond national jurisdiction.
“Lastly, capacity building and the transfer of marine technology, which constitutes both an obligation by itself as well as the means to implement all other parts of this agreement.
“Through this, Fiji can access resources to strengthen our national capacities to implement the provisions of this agreement, as well as acquire the necessary scientific and marine technological capabilities, which we know will be very much needed in order to implement this agreement.
“These four elements, with a specific mandate to lead provisions related to environmental impact assessment for Fiji, the crucial consideration should include aligning our national protected areas, legislative and policy approaches with the agreement and harmonise our national EIA procedures for maritime projects.”
Importance of the BBNJ
Dr Michael said the agreement was considered the most important ocean agreement to be adopted in the last 25 years.
He said as a state party, Fiji could ensure decisions were made in alignment with national priorities, to ensure that views were fully considered during the critical next steps on implementation.
“It is important to be an early ratifier of the agreement and engage in the BBNJ process from the start,” he said.
“Being among the early parties and present at the first COP, Fiji can play a significant role in advancing our priorities and influence the agreement’s implementation.
“This agreement also amplifies the need for full recognition of our special circumstances as SIDS. This principle will need to be built up through practice and decisions.
“Having a seat at a table as a party will also enable to shape that practice. As we all know that the special circumstances for SIDS and LDCs is continuously challenged across all international conventions, treaty negotiations.”
