Africa must help steer the endangered High Seas Treaty out of dire straits

22 Sep 2024

The continent played a pivotal role in negotiations for the marine biodiversity treaty, and should take the lead in bringing it into force. The health of Earth’s blue lungs depends on it.

The High Seas Treaty adopted in June 2023 is a landmark achievement for ocean governance, not least because it was finalised at a time of deepening global divisions. The United Nations (UN) agreement aims to protect marine biodiversity in waters beyond national jurisdiction, which cover nearly half of the Earth’s surface.

After decades of negotiations, the treaty — officially called the Agreement on Marine Biodiversity of Areas beyond National Jurisdiction — culminated in a legal framework for the conservation and sustainable use of marine biodiversity. It enables the creation of high-seas marine-protected areas, environmental impact assessments, capacity building, marine technology transfer, and equitable sharing of marine genetic resources (used for biotechnology and medicine purposes).

But the success of any international treaty depends on the commitment of enough states to ratify and implement its provisions. Sixty ratifications are required for the High Seas Treaty to enter into force, but that threshold is still far away.

African countries can lead in increasing the speed of signing and ratification. However, their engagement remains limited, despite the continent standing to benefit dramatically from maritime security and sustainable blue economies.

(Climate-related) time is running out

So far, 92 nations globally have signed the agreement but only 14 are in Africa (of 55 countries on the continent). Just eight countries worldwide have ratified — two of which are in Africa (Seychelles and Mauritius). Many states are navigating domestic legal processes that typically take time, but with alarming climate-related pressures on our oceans, time is running out.

The path to ratifying and implementing international treaties is often fraught with challenges, particularly for African countries. Africa is the largest regional bloc at the UN, and the African Group of Negotiators played a pivotal role in negotiating the High Seas Treaty — yet few countries from the continent have signed or ratified. Why is this?

Read more: High Seas Treaty — reinvigorating Africa’s crucial role in saving the world’s blue lungs

First, many African nations lack full knowledge of the agreement and how it contrasts with existing ocean governance frameworks, such as the Nairobi and Abidjan conventions, which protect marine resources in West, Central and Southern Africa.

African states must understand that the High Seas Treaty aligns with these conventions by creating a central ocean governance framework through a conference of the parties. This will provide an overarching legal instrument to address gaps in areas beyond national jurisdiction.

Second, some African countries worry about international agreements infringing on their sovereign rights, particularly in managing their maritime zones. This is complicated by resource and capacity constraints that are barriers to ratifying the treaty. Some states also fear that implementing the treaty could add a budgetary burden.

For countries already struggling to provide national and regional maritime security, the prospect of policing marine protected areas on the high seas is daunting.

The High Seas Treaty could also raise concerns about unintended consequences, particularly for African states grappling with illegal, unreported, and unregulated fishing. As vessels involved in illegal fishing try to evade enforcement on the high seas, they may exploit African waters where security is often weaker. This would exacerbate the plunder of the continent’s fisheries resources.

Lastly, political considerations and bureaucratic inefficiencies can hinder ratification, particularly in countries facing governance challenges or upcoming elections, which divert attention from global commitments. This year alone, elections will take place in 17 African countries.

Geopolitical dynamics also limit treaty ratification. Individual African countries have limited bargaining power in international negotiations, making it hard to ensure their interests are addressed. During implementation, parties must ensure the treaty provides inclusive and equitable benefit sharing, especially for member states with fewer resources to protect under the principle of the common heritage of humankind.

Many ‘advantages’ to Seas Treaty

Despite these hurdles, there are many advantages to ratifying the High Seas Treaty. These include capacity building and technology transfer, and sharing the monetary and non-monetary benefits of marine genetic resources, which was a flashpoint during the treaty negotiations. Developed nations argued that stringent regulations would limit research and access to marine genetic resources, but the African Group of Negotiators’ firm position on a fair distribution of benefits ultimately prevailed.

Read more: Landmark UN treaty is poised to curb exploitation of the ocean

Several practical steps can enhance Africa’s role in bringing the treaty into force. First, the African Union (AU) and international bodies such as the UN Development Programme should encourage champion states such as Seychelles and Mauritius to share their experiences and inspire greater African participation.

Judge Thembile Elphus Joyini of the International Tribunal for the Law of the Sea, and an African Group of Negotiators member, told ISS Today: “Greater African involvement in bringing the … agreement into force is crucial. Enhanced engagement will protect our marine ecosystems and ocean resources and strengthen Africa’s maritime institutions at national, regional and continental levels, fostering an integrated approach to ocean governance that upholds the principles of multilateralism for the benefit of humankind as a whole.”

Second, the AU can facilitate member state dialogues to reduce sovereignty concerns and highlight treaty provisions that respect national rights. The AU Office of the Legal Counsel, in partnership with the African Group of Negotiators, should host discussions on how ratification can bolster national and continental interests.

Ocean resources and data access

African governments and regional organisations should raise awareness about the treaty’s technology transfer benefits. “The treaty is important for Africa’s access to ocean resources and data, supporting socio-economic growth and scientific advancement,” says Minna Epps, Ocean Director at the International Union for the Conservation of Nature.

“Campaigns could highlight how capacity building and technology transfer provisions could address developing states’ needs. This includes non-coastal African nations. Ultimately, these mechanisms will help future-proof Africa’s maritime labour markets through advanced technologies.”

Once the treaty enters into force, there will be a 120-day consultation period to ensure all parties are informed and prepared for implementation. African states need to begin laying the groundwork so that their perspectives are included in the governance framework when the treaty is operational.

As the world grapples with complex ocean-related challenges such as illegal fishing and extreme weather events, the High Seas Treaty provides a framework for collective action. Africa must take decisive action and show leadership to bring the treaty into force. The health of our oceans — Earth’s blue lungs — will depend on it.

David Willima is a Research Officer, Maritime, for the Institute for Security Studies (ISS) in Pretoria.

First published by ISS Today

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World

(Climate-related) time is running out

Many ‘advantages’ to Seas Treaty

Ocean resources and data access