A/76/PV.46 General Assembly
The meeting was called to order at 10 a.m.
78. Oceans and the law of the sea (a) Oceans and the law of the sea Report of the Secretary-General (A/76/311 and A/76/311/Add.1) Report on the work of the United Nations Open- ended Informal Consultative Process on Oceans and the Law of the Sea at its twenty-first meeting (A/76/171) Report on the work of the Ad Hoc Working Group of the Whole on the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects (A/76/391)
I am honoured to convene today’s plenary meeting under the agenda item on oceans and the law of the sea.
The oceans span more than 70 per cent of our planet’s surface and provide incredible biodiversity, sustenance and resources to billions of people and organisms. It not only produces more than half of the world’s oxygen but also absorbs 50 times more carbon dioxide than our atmosphere. Yet, despite the necessity of the oceans for the survival of our planet and peoples, the ocean is increasingly under threat. Climate change, pollution, habitat destruction, invasive species and a dramatic increase in illegal, unreported and unregulated fishing are among the major stresses on our oceans.
Furthermore, ocean pollution is a complex mixture comprising mercury, plastic waste, manufactured chemicals, petroleum waste, agricultural run-off and harmful algal blooms. People are exposed to those toxins primarily by consuming contaminated seafood. The consequences of climate change are particularly worrisome, with small island States — or large ocean States, as they could also be known — bearing the brunt of that existential threat. The impact of climate change is not limited to humans alone. Countless species and immense ocean biodiversity are on the brink of extinction as the oceans continue to warm. Those are underlying issues and threats that we know all too well, and yet we remain evasive or delayed when it comes to action.
We have no choice but to respond to the needs of the ocean and to do so through multilateral means. It is through multilateralism that a legal framework on the law of the sea has been widely developed and recognized. In fact, the General Assembly has been essential in establishing global governance on the ocean.
The upcoming fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea will be a moment to reflect on multilateral achievements in protecting the ocean under international law. It will also be a moment to further enhance cooperation and to recognize the role of the Convention in the promotion of peace and sustainable development across our oceans and seas.
The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea, the latest report of which is before the Assembly today (A/76/171), is another useful tool to that end. I welcome the fact that the twenty-first meeting of the Informal Consultative Process focused on sea-level rise and its impacts. That is an issue of great importance for many delegations in the Hall today, including for my own country, the Maldives. Promoting ocean science and strengthening the science-policy interface are crucial for the conservation and sustainable use of the ocean and its resources.
There are calls for greater international coordination and cooperation at the local, regional and international levels in order to tackle sea-level rise and its impacts. That calls for the development of scientific, technical and technological responses, as well as forecasting and warning systems, adaptation and resilience-building in order to foster capacity-building and the exchange of scientific data and technological information. United Nations processes, such as the United Nations Decade of Ocean Science for Sustainable Development and the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects, are crucial to policymaking.
The year 2022 is shaping up to be a super-session on the environment, including on the oceans. The forthcoming United Nations Ocean Conference in Lisbon next year is an opportunity to undertake much- needed political commitments in order to advance the implementation of Sustainable Development Goal 14. I wish to commend Portugal and Kenya for their generosity and work as co-hosts of the Conference. I further wish to express gratitude to the Permanent Representatives of Denmark and Grenada for their work as co-facilitators of the outcome document of the Conference. I am also glad that the issue of biological diversity in areas beyond national jurisdiction will be addressed at the fourth session of the Intergovernmental Conference next year.
The global pandemic has echoed across all industries and sectors, including those relating to the ocean. We have seen a decline in fisheries, marine tourism and shipping activities. That economic decline has exacerbated the marginalization of vulnerable members of society, as food sources have become scarce and means of income have been disrupted. That serves as a reminder of how closely connected society is to the ocean and why immediate and collective action is necessary. I call on all Member States and relevant stakeholders to recognize that fact and to drive consensus, commitment and actions that will ensure the full respect of international law, including the law of the sea. I urge all delegations to engage constructively in today’s debate.
I now give the floor to the representative of Norway to introduce draft resolution A/76/L.18.
Norway had the honour of coordinating the informal consultations on draft resolution A/76/L.18, on sustainable fisheries. I am pleased to introduce the text of the draft resolution on behalf of its co-sponsors and its facilitator, Mr. Andreas Kravik.
Owing to the ongoing coronavirus disease (COVID-19) pandemic, which continues to render in-person meetings difficult, this year’s draft resolution was negotiated — similarly to last year — on the basis of virtual meetings combined with written procedures. The draft resolution before us represents, to a large extent, a technical rollover of last year’s resolution 75/89. Delegations agreed that updates would be limited to factual updates to reflect recent developments and any necessary changes to prepare for forthcoming meetings, as well as to address issues with budgetary implications and mandate renewals.
Fisheries provide a vital source of food, employment, trade and economic well-being for people throughout the world. Achieving sustainable fisheries, combating illegal, unreported and unregulated fishing, addressing fishing overcapacity, ensuring safety at sea and decent working conditions in the fisheries sector and improving subregional and regional cooperation are all necessary if we are to achieve the Sustainable Development Goals. They also represent fundamental priorities for Norway.
Allow me to add a few comments regarding the other topics on today’s agenda.
Norway is pleased to join others in co-sponsoring draft resolution A/76/L.20, on oceans and the law of the sea. We wish to once again thank Ms. Natalie Morris- Sharma of Singapore for her effective leadership of the consultations, which were concluded under challenging circumstances. Draft resolution A/76/L.20 is also largely a technical rollover, but with some important factual updates. In particular, I would like to highlight the updates relating to marine litter and microplastics, which are relevant to the resumed fifth session of the United Nations Environmental Assembly (UNEA- 5.2), which is scheduled to take place in Nairobi from 28 February to 2 March 2022. Plastic pollution is one of the fastest-growing environmental challenges of our time. Norway therefore encourages all other Member States to join us in supporting a decision during UNEA- 5.2 to launch negotiations on a new global agreement on plastic pollution.
I would also like to highlight the important negotiations taking place at the International Seabed Authority in Kingston. In the text of draft resolution A/76/L.20, the General Assembly importantly welcomes the progress made by the Authority in formulating draft regulations for the exploitation of mineral resources in the Area, but also notes the negative impact of the COVID-19 pandemic. The early adoption of the draft regulations is necessary to ensure the exploitation of mineral resources in the Area under safe and robust environmental standards. Norway is therefore happy that it proved possible to convene an in-person meeting in Kingston this week and encourages the Authority to continue its work on the draft regulations as a matter of priority.
The COVID-19 pandemic has also slowed the negotiations on a new instrument for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Problems relating to overfishing, pollution and climate change, inter alia, continue to grow in many sea areas. More than ever, we need new rules to facilitate better coordination in ocean management and more efficient procedures for the use of environmental impact assessments and area- based management tools, including marine protected areas. We therefore hope it will be possible to meet for face-to-face negotiations in New York in March 2022. In the meantime, the President of the Intergovernmental Conference on an international legally binding instrument 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, Ambassador Rena Lee of Singapore, as well as the High Seas Alliance and the Governments of Belgium, Monaco and Costa Rica, respectively, deserve praise for having maintained the momentum in the negotiations by convening useful virtual meetings.
In 2018 Norway’s Prime Minister, together with 13 other world leaders, established the High-level Ocean Panel for a Sustainable Ocean Economy. A year ago they launched their ambitious ocean action agenda, which combines effective protection, sustainable production and equitable prosperity. They committed to sustainably managing 100 per cent of the ocean areas under their jurisdiction by 2025. In November this year they were joined by the United States, represented by President Biden. Their aim is to improve the state of our oceans and societies immeasurably. But in order to deliver results, the Panel’s recommendations and actions must be implemented. Each country is now therefore working to ensure that political decision-making leads to effective action. Engagement on the action agenda by countries beyond the Panel members is vital. The United Nations Ocean Conference in 2022 will be a key event in that regard.
In conclusion, I should like to mention the programme of assistance launched last year by Norway and the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS). The intention is to provide capacity development and technical assistance to developing States so as to reinforce their capacity to implement the United Nations Convention on the Law of the Sea and related agreements and better harness the benefits of a sustainable ocean economy. More information can be found on the DOALOS web page, and we are thankful to DOALOS for its efforts in relation to that programme.
I now give the floor to the representative of Singapore to introduce draft resolution A/76/L.20.
I would like to thank you, Mr. President, for having convened today’s meeting and for presiding over it this morning.
Today’s annual debate on the agenda item entitled “Oceans and the law of the sea” gives all members of the General Assembly an opportunity to reflect on the United Nations Convention on the Law of the Sea, which is regarded by many as one of the greatest achievements of the United Nations and of multilateralism with
respect to the rule of law at the international level. The Convention currently includes 168 parties. Many of its provisions are widely regarded as reflecting customary international law, and the three institutions that it created contribute significantly to ocean governance.
In adopting draft resolution A/76/L.20, the General Assembly will reaffirm that the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out. Singapore had the great honour to coordinate and facilitate the informal negotiations on the draft resolution. The consultations were coordinated by my colleague Ms. Natalie Morris- Sharma, who was until recently Legal Counsellor at the Permanent Mission of Singapore, and I thank her for her hard work. I also wish to express my appreciation for the support and constructive engagement of all delegations and co-sponsors of the draft resolution and for the contributions of the small group facilitators. I also thank the Division for Ocean Affairs and the Law of the Sea (DOALOS) for its support throughout the negotiations.
This year, owing to the restrictions that continue to be imposed as a result of the ongoing coronavirus disease pandemic, the informal consultations were conducted on an exceptional basis through an exchange of correspondence and virtual meetings held between August and November. They proceeded on the understanding that the changes to resolution 75/239, adopted at the seventy-fifth session, would be limited to those necessary for DOALOS to be able to prepare and operationalize next year’s meetings; matters involving budgetary implications; mandate renewals; as well as factual updates to reflect the developments since the adoption of resolution 74/19 at the seventy- fourth session in 2019.
Around a quarter of the draft resolution — which has more than 400 preambular and operative paragraphs — has been updated. Those updates are of great importance. The significance of the draft resolution before us remains undiminished. A number of the updates recognize the work that has been carried out on issues relating to oceans and the law of the sea, notwithstanding the challenges posed by the ongoing pandemic. I will outline four key updates in the order in which they appear in the draft resolution.
First, the draft resolution notes with concern the findings of the Intergovernmental Panel on Climate Change in its successive reports and refers in particular
to its special report entitled The Ocean and Cryosphere in a Changing Climate and the report of Working Group I entitled Climate Change 2021: The Physical Science Basis.
Secondly, the draft resolution notes the discussions held at the twenty-first meeting of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, which focused on the theme of sea-level rise and its impacts. It also renews the mandate of the Informal Consultative Process for the next two years.
Thirdly, the draft resolution welcomes the high- level launch of the United Nations Decade of Ocean Science for Sustainable Development and notes the steps that have been taken to support its implementation.
And fourthly, the draft resolution decides to devote time to the agenda item on oceans and the law of the sea at the seventy-seventh session of the General Assembly, including by convening plenary meetings on the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea. It also invites States parties to the Convention to commemorate that anniversary in plenary meeting next year and requests that the Secretary-General organize activities to mark that important occasion.
Please allow me to make an oral revision to paragraph 144, as agreed during the informal consultations. My delegation proposes that, following the adoption by the Security Council of resolution 2608 (2021), on 3 December, the references to resolution 2554 (2020) be updated to references to resolution 2608 (2021).
That concludes my introduction of draft resolution A/76/L.20, which my delegation commends to the General Assembly for adoption.
I will now make some remarks in my national capacity.
My delegation would like to align itself with the statement that will be delivered shortly by the delegation of Antigua and Barbuda on behalf of the Alliance of Small Island States.
The pandemic continues to have an impact on ocean activities, with vulnerable ocean-based economies, including those of small island developing States, being particularly affected. As the report of the Secretary-General (A/76/311 and A/76/311/Add.1)
indicates, however, despite the ongoing pandemic- related challenges, there continues to be immense interest in ocean issues, and efforts to address those issues have continued. I wish to make a few points against that backdrop.
First, the health and safety of seafarers around the world continue to be a pressing concern for the international community. Seafarers play a critical role in maintaining international supply chains, which are critical for pandemic response and recovery, among other things. As a major trans-shipment hub situated alongside one of the world’s busiest shipping lanes, Singapore recognizes the need for us to do our part to ensure the well-being of seafarers. While the number of seafarers stranded at sea owing to pandemic-related travel restrictions has decreased, the problem has not been completely resolved.
Singapore wishes to take this opportunity to reiterate its commitment to facilitating crew changes in a manner that safeguards public health and that of ships and their crews. Since the onset of the pandemic, in March 2020, Singapore has facilitated more than 190,000 crew changes. Given that vaccination provides an additional layer of protection, Singapore has also prioritized, since January this year, the vaccination of front-line maritime personnel working in Singapore and has recently expanded its vaccination efforts by offering vaccines to seafarers, both resident and non-resident, who work in or call at the port of Singapore.
Secondly, Singapore is pleased to have been the first country to ratify the Convention on the International Organization for Marine Aids to Navigation. The entry into force of the Convention will elevate the status of the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) from a non-governmental organization to an intergovernmental organization. Singapore strongly supports the efforts of the IALA to establish common technical standards for vessel traffic services and e-navigation in order to promote safe and efficient shipping. The change in status of the IALA to that of an intergovernmental organization will boost international participation in its activities and strengthen global cooperation and coordination by harmonizing standards for marine navigation.
Thirdly, Singapore welcomes the convening of the second United Nations Ocean Conference, which is scheduled to be held in 2022, and reaffirms
its support for the co-hosts, Kenya and Portugal. Singapore remains firmly committed to the realization of Sustainable Development Goal (SDG) 14. In that regard, we look forward to building on the outcomes of the first Ocean Conference in 2017, including its call for action, which continues to play an important role in international efforts to implement and achieve the outcomes envisaged in SDG 14. We fully support the theme of the 2022 Ocean Conference, on scaling up ocean action based on science and innovation. The guidance of the best available science and innovation is essential for the achievement of SDG 14.
I wish to conclude by stating that my delegation welcomes the paragraphs contained in the text of draft resolution A/76/L.20 on the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea. We fully support commemorating that occasion given the importance of the Convention, which the Secretary-General’s report aptly refers to as “the world’s ‘constitution for the oceans’” (A/76/311, para. 8). The Convention continues to underpin international peace, security and sustainable development in the oceans and seas. We look forward to participating in meetings and activities to commemorate the occasion next year and urge all Member States that have yet to become a party to the Convention to do so as soon as possible.
I now give the floor to the representative of the European Union, in its capacity as observer.
I have the honour to speak on behalf of the European Union (EU) and its member States. The candidate countries the Republic of North Macedonia, Montenegro, Serbia and Albania; the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina; as well as Ukraine, the Republic of Moldova and Georgia, align themselves with this statement.
The EU and its member States are happy to contribute to this debate on the adoption of the two important draft resolutions before us (A/76/L.18 and A/76/L.20), which we view as important vehicles to improve ocean governance. We would like to start by expressing our appreciation for the excellent stewardship demonstrated once again this year by both coordinators of the two draft resolutions, Ms. Natalie Morris-Sharma and Mr. Andreas Kravik. We also wish to express our gratitude to the Secretariat and
the Division for Ocean Affairs and the Law of the Sea for their professionalism and constant support for delegations despite the challenging conditions faced this year.
The United Nations Convention on the Law of the Sea (UNCLOS) is the fundamental pillar of ocean governance, as it establishes the overarching legal framework within which all activities in the oceans and seas must be carried out and counts 168 parties, including the European Union and its member States. At the eve of the fortieth anniversary of its adoption by the third United Nations Conference on the Law of the Sea, it is rightly recognized as the “constitution of the oceans”. Its provisions generally reflect customary international law and are therefore binding on all States, irrespective of whether they have acceded to the Convention or not. By establishing the legal order for the seas and oceans, the Convention contributes to sustainable development, as well as peace, security, cooperation and friendly relations among all nations.
To that end, it is imperative that both the freedoms enjoyed under the Convention by all States, including landlocked States, as well as the sovereignty and sovereign rights of coastal States over their maritime zones, including those generated by islands, be respected. All members of the international community must abide by the fundamental principles and rules of the law of the sea and should refrain from any actions that undermine regional stability and security. The European Union and its member States remain committed parties to UNCLOS and its implementing agreements, including the United Nations Fish Stocks Agreement. We sincerely hope that the goal of universal participation in the Convention will one day be met.
This year has been characterized by the continuing impacts of the coronavirus disease (COVID-19) pandemic, which has affected our work on issues relating to the oceans and seas, including in the General Assembly. As the latest science has shown us, the health and status of the oceans are not improving, and we are increasingly witnessing the impacts of the intertwined challenges of climate change and biodiversity loss. In addition, our oceans are also being impacted by pollution — including from microplastics, excessive nutrients and anthropogenic underwater noise — as well as overfishing and illegal, unreported and unregulated fishing.
The EU and its member States believe that our work on those issues must resume as soon as possible so that we can ensure that the oceans and seas and the blue economy on which so many countries rely can continue to be the basis for sustainable development. We reiterate that the recovery strategies to address the socioeconomic impacts of the COVID-19 pandemic should also aim to diminish our impacts on the oceans, fight climate change, halt biodiversity loss and tackle hunger and poverty. There should be no question of “either or” if long-term sustainability is to be achieved.
In that respect, we believe that formulating such strategies and the development of various activities under the blue economy should be based on the best science available. And the best science at our disposal is clear, including in the latest report of Working Group I of the Intergovernmental Panel on Climate Change, on the physical science basis of climate change, as well as in the Second World Ocean Assessment. The oceans are warming and productivity is decreasing; sea levels are rising and extreme weather events are becoming more frequent and more severe, all of which has potentially grave socioeconomic consequences. We need to step up our game in tackling those challenges.
In that connection, the EU and its member States welcome the opportunities that will be provided through next year’s United Nations Ocean Conference, which will be co-hosted by Portugal and Kenya, as well as the United Nations Decade of Ocean Science for Sustainable Development. We encourage extensive participation in the Decade, which will provide us with the science we need for the future we want.
The EU and its member States wish to recall that four targets of Sustainable Development Goal (SDG) 14 were due to be met in 2020 but have not yet been achieved. We wish to stress that, in order to achieve the political commitments assumed under SDG 14, immediate and effective action is required, in line with the precautionary principle and the ecosystem approach. A specific challenge to ocean sustainability is posed by the harmful subsidies that contribute to overcapacity, overfishing and illegal, unregulated and unreported fishing. We remain fully committed to ensuring that the ongoing World Trade Organization negotiations can be concluded as soon as possible in that regard.
The EU and its member States also look forward to the resumption of the Intergovernmental Conference on an international legally binding instrument under
UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Such an instrument is necessary to ensure that the Convention can remain relevant and able to meet the challenges of today and of the future.
We also continue to stress that, more than ever, it is necessary to conclude an ambitious BBNJ implementing agreement as soon as possible — ideally as early as next year. That remains a political priority for the EU and its member States. For that purpose, we actively participated in the intersessional work on developing such an agreement. We remain committed to engaging with all delegations in order to conclude those negotiations. We would also like to highlight the convening of the One Ocean Summit, which is scheduled to take place in February 2022 under the French presidency of the European Union, in coordination with the United Nations, as a contribution to the BBNJ negotiations.
Turning to another long-standing unresolved matter, the EU and its member States call for the issues to be resolved as soon as possible concerning the working conditions, including with regard to medical insurance coverage, of the members of the Commission on the Limits of the Continental Shelf. They deserve to enjoy adequate working conditions while serving the global community in New York.
In conclusion, we recognize that both draft resolutions A/76/L.18 and A/76/L.20, which we are discussing in the General Assembly today, are important instruments in the context of enhancing ocean governance. For that reason, the EU and its member States participated actively in the consultations on them. We look forward to continuing our work next year on the processes and meetings that could not take place this year, including the bottom fishing review. The work we undertake in these hallowed halls must ensure that the oceans and seas can continue to provide goods and services to current and future generations, in line with the ethos of the United Nations Convention on the Law of the Sea. Humankind deserves no less.
I have the honour to deliver this statement on behalf of the Alliance of Small Island States (AOSIS) — the 39 small island, large ocean States for whom the ocean is intrinsic to our cultures, communities and economies.
While the ocean is essential for life on Earth, unsustainable human activities have placed it on life
support. Ocean acidity, average temperatures and sea-levels are rising at an unprecedented rate owing to uncurbed greenhouse-gas emissions. Abetted by new technologies and poor regulation, the uninhibited exploitation of the ocean is compromising delicate ecosystems and causing the extinction of numerous species. Marine pollution, especially plastic pollution, is now not just a marine problem but also poses risks to human health
Small island developing States (SIDS) are gravely concerned about the lack of holistic action to address those issues, which is largely the result of gaps in ocean governance and regulations. However, the concerns of SIDS have not been acted upon, and the state of our oceans continues to get worse. We therefore hope to utilize the important milestones next year to bring global focus to those issues and deliver effective solutions.
The Heads of State and Government of AOSIS member States held a virtual meeting in September, following a similar meeting held by the leaders of the Pacific Islands Forum in August. Both meetings resulted in leaders’ declarations that addressed climate change-related sea-level rise and its relationship with maritime zones. Both declarations were similarly clear in stipulating that there is no obligation under the United Nations Convention on the Law of the Sea to keep the baselines and outer limits of maritime zones under review or to update charts or lists of geographical coordinates once they have been deposited with the Secretary-General, following which such maritime zones and the rights and entitlements that flow from them shall continue to apply without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.
A critical regulatory gap that must be addressed during the resumed fifth session of the United Nations Environmental Assembly next year is that of combating and remediating global marine plastic pollution. Eighty- one countries have called for the development of a new legally binding agreement on plastic pollution, and all States members of AOSIS have committed to starting intergovernmental negotiations in a transparent and inclusive manner. We believe that such an agreement must highlight the urgency of marine plastic waste management and related remediation, as well as measures that address the excessive use of plastics and the environmentally unsound management and disposal of plastic waste, including by enabling greater transparency in the production of plastics.
Moreover, following the repeated postponement of the fourth session of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction, AOSIS is eager to conclude the discussions on such an instrument as soon as possible and to commence work on its operationalization. We reiterate our call for the instrument to give due recognition to the special circumstances of SIDS, which are in part a consequence of their unique characteristics, as well as their dependence on, and particular exposure to, the ocean and its biodiversity.
While we work to find new global solutions to the persistent and emerging challenges we face, we must also fully harness existing solutions. Building on the success of the first United Nations Ocean Conference, we are confident that the second Ocean Conference, to be held in Lisbon next year, will provide an enhanced platform to create and scale up partnerships in order to meet the targets of Sustainable Development Goal (SDG) 14. In doing so, we must focus on accelerating the implementation of the targets that matured in 2020.
The second Ocean Conference will also be a useful opportunity to enhance the linkages with the other SDGs and relevant instruments in order to unlock the vast co-benefits that the ocean has to offer in advancing our economic, social and environmental objectives. The Conference, as well as the concurrent United Nations Decade of Ocean Science for Sustainable Development, should address the gaps and challenges that SIDS continue to face in realizing the full potential that the ocean has to offer, including through ocean-based economies. Finally, AOSIS is pleased to note that the ocean-climate nexus has also been established through the inception of an annual dialogue under the United Nations Framework Convention on Climate Change.
As former Secretary-General Kofi Annan stated,
“We must face up to an inescapable reality: the challenges of sustainability simply overwhelm the adequacy of our responses. With some honourable exceptions, our responses are too few, too little and too late.”
Time is running out for our planet. We must accelerate efforts to equitably overcome the challenges in order to protect, conserve and restore our oceans for future generations.
I have the honour to deliver this statement on behalf of the 14 States members of the Pacific Islands Forum with Permanent Missions to the United Nations.
We would like to express our thanks to you, Mr. President, as well as to the Division for Ocean Affairs and the Law of the Sea and the coordinators of the informal consultations on the omnibus draft resolution A/76/L.20 for their diligent work in this unusual year. We extend our sincere thanks to all Member States for having engaged constructively in our language proposal on draft resolution A/76/L.20, and to the Alliance of Small Island States (AOSIS) for its contributions to that shared proposal. We note the various comments and views expressed by Member States with regard to sea-level rise, maritime zones and maritime boundaries.
As large oceanic States within the Blue Pacific continent, the Pacific countries have a profound connection to, and reliance on, the ocean, which is at the heart of our geography, cultures and economies. Our past, present and future development is based on the rights and entitlements guaranteed under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Our leaders are in firm agreement that climate change is the single-greatest threat to the livelihoods, security and well-being of the peoples of the Pacific. Sea-level rise has been further and alarmingly confirmed as a genuine and pressing issue by the recent Working Group I report of the Intergovernmental Panel on Climate Change, Climate Change 2021: The Physical Science Basis.
On 6 August, we marked the fiftieth anniversary of the founding of the Pacific Islands Forum with our leaders’ endorsement of the Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise, which signalled a deep mutual commitment and a strong and decisive step towards safeguarding the homes and interests of the Pacific peoples and maintaining peace and security. The Declaration is intended as a formal statement of the view of Pacific Islands Forum members on how UNCLOS rules on maritime zones apply in a situation of climate change-related sea-level rise. The Pacific Islands Forum’s approach to that issue preserves maritime zones and the rights and entitlements that flow from them in the face of climate change-related sea-level rise, while also upholding the integrity of, and our long-standing commitment to, UNCLOS as the
global legal framework within which all activities in the oceans and seas must be carried out.
Sea-level rise related to climate change is a real and pressing issue that raises interrelated development and security concerns for our region. While the issue is of fundamental importance to the Pacific Islands Forum members, we also recognize that other countries, including small island developing States and low-lying States outside our Pacific region, similarly require stability, security, certainty and predictability in their maritime zones.
We offer our Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise as a considered, moderate and targeted approach to the issue of sea-level rise and its relationship with maritime zones, through a good-faith interpretation of UNCLOS and a description of the current and intended future practices of our members in the light of that interpretation. We welcome the reference to climate change-related sea-level rise by the Heads of State and Government of AOSIS member States in their own 2021 leaders’ declaration and reiterate our thanks for their contributions to our shared language proposal that is included in this year’s omnibus draft resolution A/76/L.20.
The Pacific Islands Forum strongly calls on all States Members of the United Nations and the entire international community to acknowledge the critical importance of the issue of climate change-related sea- level rise to small island developing States and low- lying States, as well as to the international community as a whole, and to support the Declaration I mentioned, including by giving consideration to echoing core elements of it in their own national and group contexts.
I am pleased to deliver the following remarks on behalf of the 12 Pacific small island developing States (SIDS) with Permanent Missions to the United Nations here in New York. We align ourselves with the statement delivered on behalf of the Alliance of Small Island States (AOSIS).
We attach critical importance to the agenda item on oceans and the law of the sea because we consider the ocean to be the lifeblood for our societies. It unites our islands in common purpose — it is our home and the key to a future of infinite promise. A shared ocean means shared responsibility and shared benefits for our environment, economies and communities. The special report of the Intergovernmental Panel on
Climate Change entitled The Ocean and Cryosphere in a Changing Climate highlights the fact that human influence has warmed the climate at a rate that is unprecedented in at least the past 2,000 years. It is disheartening to see that, despite being the smallest contributors to those human activities, we are the hardest hit by their impacts, including, notably, sea- level rise.
Sea-level rise is of immediate and grave concern. It will adversely impact food security and nutrition, including the benefits we derive from our maritime zones. Those are no longer subjects for academic discourse; they are existential challenges for all of us. Our concerns about climate change and its effects on the ocean also extend to our maritime zones and the need to secure them, as well as the rights and entitlements that flow from them, without reduction, even in the face of rising sea levels. That is reflected in the Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise, which was endorsed by the leaders of the Pacific Islands Forum earlier this year, thereby setting out our region’s collective position on how the rules on maritime zones under the United Nations Convention on the Law of the Sea must apply in the situation of climate change-related sea-level rise.
The Pacific SIDS subscribe to the position that preserving maritime zones and the rights and entitlements that flow from them gives expression not only to the foundational principles of equity and stability, but also to the notion of climate justice, which is deeply rooted in human rights and the principles of international law. We welcome the inclusion of the shared language submission proposed by the Pacific Islands Forum and AOSIS on paragraph 335 of the omnibus draft resolution A/76/L.20.
As large ocean States of the Blue Pacific, we fully support placing ocean sustainability at the centre of the United Nations development agenda by pursuing Sustainable Development Goal (SDG) 14. We must come together to prevent and reduce marine pollution, including microplastics, oil spills and the discharge of waste and nuclear contaminants. The Pacific SIDS contribute less than 1.3 per cent of the mismanaged plastics in the world’s oceans, yet we are the main sufferers of plastic pollution and its impacts. International efforts to sustain healthy oceans are desperately needed now.
The effects of overfishing and illegal, unreported and unregulated (IUU) fishing remain a major concern for the economies of Pacific SIDS. Lost revenues are in the billions of dollars and are a significant lost earning for Pacific States. The increasing acidification of our oceans is already destroying entire reef ecosystems. Reef damage affects fish populations, which in turn affects entire fisheries, upon which we rely. That is the climate change-ocean nexus and serves to highlight why the oceans need to be an integral part of the United Nations Framework Convention on Climate Change (UNFCCC) process.
We recognize the key role of ocean science in informing decision makers, which emphasizes the need for the best available science to inform the adoption of effective conservation and management measures for our oceans. We continue to emphasize the vital role of the traditional knowledge of indigenous people and local communities, for we believe that traditional knowledge systems are a complement to science. The United Nations Decade of Ocean Science for Sustainable Development recognizes the integral role of traditional knowledge for ocean development.
We look forward to the seventh Our Ocean Conference, which is due to take place in Palau on 16 and 17 February 2022, as well as the second United Nations Ocean Conference in Lisbon, which is scheduled to be held later in 2022. Both Conferences will provide an opportunity to address the gaps and challenges that SIDS continue to face in realizing the full potential the ocean has to offer, including through ocean-based economies.
We note with concern the uncertainty surrounding, and postponement of the fourth session of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (BBNJ). The Pacific SIDS look forward to the conclusion of the discussions on such an instrument as soon as possible. In summary, we need to arrest sea-level rise; safeguard maritime zones and the rights and entitlements that flow from them; maintain and restore ecosystems and protect BBNJ; eliminate pollution; and resolve overfishing and issues relating to IUU fishing.
We are pleased to see the inclusion of the climate change-ocean nexus in the UNFCCC process through
the establishment of an annual dialogue, which demonstrates a recognition of the role of the ocean for climate action and a growing appreciation of the importance of coastal and marine nature-based solutions. We stress the importance of effective coordination and cooperation across the board among different entities working on ocean issues under SDG 14. Enhanced collaboration among different United Nations processes is key to leveraging synergies and managing trade-offs. We support the adoption of both draft resolutions before the Assembly today — omnibus draft resolution A/76/L.20, on oceans and the law of the sea, and draft resolution A/76/L.18, on sustainable fisheries — and we look forward to collaborating with the Assembly in the coming year to take the steps necessary to ensure that we can leave a healthy, productive and resilient ocean to future generations.
The Philippines thanks Singapore and Norway for once again coordinating the annual draft resolutions on oceans and the law of the sea (A/76/L.20) and on sustainable fisheries (A/76/L.18). The Philippines is honoured to co-sponsor both draft resolutions, which contain relevant updates that have emerged from robust discussions, even amid the constraints of the current work modalities. In that regard, we recognize the efforts and consistent support of the United Nations Office of Legal Affairs and the Division for Ocean Affairs and the Law of the Sea.
The health of the world’s oceans continues to deteriorate amid the unprecedented challenges of the coronavirus disease pandemic. Our oceans and seas are under pressure from drivers such as demographic changes, climate change, changing governance structures and geopolitical instability, as noted in the Second World Ocean Assessment report. As an archipelagic State with numerous low-lying coastal areas and communities vulnerable to sea-level rise and its effects, the Philippines recognizes the critical importance of the oceans as part of the global climate system.
We are gravely concerned about the findings of the Intergovernmental Panel on Climate Change regarding sea-level rise. Sea-level rise is projected to accelerate under all scenarios by the end of the century. Without major adaptation efforts, human-made drivers will continue to increase the exposure of coastal communities to future sea-level rise. The Philippines accounts for just 0.3 per cent of total greenhouse-gas emissions, yet
its sea-level rise is approximately two to three times that of the global average. A climate-resilient development pathway requires ambitious and sustained mitigation efforts to contain sea-level rise, coupled with effective adaptation actions.
At the recent twenty-sixth United Nations Climate Change Conference (COP26) in Glasgow, the Philippines set the boldest national goal put forward by any country in committing to reduce greenhouse-gas emissions by 75 per cent by 2030. As we implement practical climate adaptation and mitigation projects on the ground and deploy green projects across the Philippine archipelago, we hope that enhanced support for climate-change adaptation and improved resources for vulnerable States to deal with climate-related disasters, as agreed at COP26, will materialize.
Among the drivers exerting pressure on the world’s oceans, marine plastic pollution is a global and urgent problem. The Philippines supports the establishment of an intergovernmental negotiating committee towards a legally binding global agreement that addresses marine plastic pollution. A strong global framework is needed that takes into account the full life cycle approach of products and a shift to a circular economy. Providing technical and financial support to developing countries and giving due consideration to local and national circumstances are crucial.
Meanwhile, as a party to the 1995 United Nations Fish Stocks Agreement, the Philippines is committed to ensuring the conservation of, and sustainable access to, straddling and highly migratory fish stocks, both within and beyond the exclusive economic zone. We are also committed to the management of those stocks based on the precautionary approach and the best available scientific information. The onset of the United Nations Decade of Ocean Science for Sustainable Development is an opportunity to integrate ocean science, indigenous knowledge and innovation into policy-making for sustainable ocean management.
We look forward to the commemoration next year of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). The key ideas that animate the Convention continue to resonate 40 years on. The problems of ocean space are closely interrelated and need to be considered as a whole. As a legal order for the seas and oceans, UNCLOS is universal, unified and comprehensive.
As an archipelagic State as defined under Part IV of UNCLOS, the Philippines reaffirms that UNCLOS comprehensively allocates rights to maritime areas and that all maritime claims must be consistent with its relevant provisions. The recognition of the Philippines as an archipelagic State is of vital interest to our country and was among the hard-won gains of the third United Nations Conference on the Law of the Sea, which ultimately produced UNCLOS in 1982. The archipelagic regime under UNCLOS, which was negotiated over time, is a finely crafted balance of interests. We firmly reject any attempts to upend that balance. The rules of general international law cannot prevail over the special regime created by UNCLOS, whose well-crafted balance is the result of careful consensus-building by States — big and small.
As the international community works together to end the pandemic and recover better, addressing the drivers that exert pressure on the world’s oceans should remain paramount. We recognize the efforts being made to move forward oceans-related processes within the United Nations in order to address those challenges. Inter alia, we look forward to the convening of the fourth session of the Intergovernmental Conference on an international legally binding instrument on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction, which is due to be held in 2022.
As a maritime country that attaches great importance to the sustainable use of the oceans, we look forward to the 2022 United Nations Ocean Conference and its contribution to the Sustainable Development Goals. We hope to see further progress in the work of the International Seabed Authority (ISA) on draft regulations for the exploitation of mineral resources in the Area, noting the obligation of the ISA under the relevant provisions of the 1994 Agreement relating to the implementation of Part XI of UNCLOS. The transparency and openness of the process are critical if the benefits of deep seabed minerals are to be shared by humankind as a whole. We look forward to the next meeting of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, on the topic of “Ocean observing”, with a particular focus on disaster risk reduction, climate resilience and international coordination. UNCLOS remains the legal framework within which all activities in the oceans and seas must be carried out.
The deterioration of the health of the oceans should serve as a reminder of the importance of upholding UNCLOS as the “constitution of the oceans”, in particular in addressing the drivers that apply pressure on them, including the disputes over access to resources and maritime boundaries. This year marks the fifth anniversary of the unanimous South China Sea arbitration award, issued by the Arbitral Tribunal constituted under annex VII to UNCLOS. The Tribunal authoritatively ruled that claims to historic rights or other sovereign rights or jurisdiction that exceed the geographic and substantive limits of maritime entitlements under UNCLOS are without legal effect. The award is a milestone in the corpus of international law — the cornerstone of a rules-based international order. The Philippines is committed to ensuring that the South China Sea remains a sea of peace, security and prosperity.
As articulated by the President of the Republic of the Philippines in this year’s general debate,
“The [a]ward must be seen for what it is — a benefit across the board to all who subscribe to the majesty of the law. No amount of wilful disregard by any country, however big and powerful, can diminish the [a]rbitral [a]ward’s importance” (A/76/PV.4, annex III).
We urge compliance with the award, which contributes to finding common legal ground with a view to moving forward. We welcome the increasing number of expressions of support and affirmation for the award as final and binding under international law. The increasing number of incidents in the South China Sea amid the pandemic underscores the importance of establishing a code of conduct. The Philippines takes pride in the progress achieved on the code of conduct during its coordinatorship of the dialogue relations between the Association of Southeast Asian Nations and China for the period 2018 to 2021. We remain committed to the step-by-step resumption of negotiations. All parties must exercise self-restraint and refrain from undertaking destabilizing activities inimical to the conclusion of an effective and substantive code of conduct. Finally, the Philippines reaffirms its firm commitment to its obligations under the Charter of the United Nations.
Ms. Rainne (Finland), Vice-President, took the Chair.
The significance of the oceans for the survival of humankind is well established. The oceans and their resources are the lifeline of a large majority of humankind. More than 3 billion people rely on the oceans for their livelihoods, and more than 80 per cent of world trade is carried out by sea.
Today, unfortunately, the oceans and their ecosystem are under threat from a wide range of factors, including climate change, sea-level rise, unsustainable fishing, pollution and oil and gas extraction. The coronavirus disease (COVID-19) pandemic has further compounded the challenges. International trade by marine route has decreased substantially. Seafarers have been heavily affected, as have been the world’s 9.4 million fishermen, who have lost their livelihoods as a result of the pandemic — 90 per cent of them in developing countries.
Against that backdrop, we welcome the report of the Secretary-General (A/76/311 and A/76/311/Add.1), which has provided an account of the developments relating to oceans and the law of the sea during the reporting period and the progress made in the implementation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
I wish to express our appreciation to the International Seabed Authority, the International Law Commission, the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea for the work they have done during this challenging time. I also take this opportunity to thank the facilitators of the two draft resolutions under this agenda item (A/76/L.18 and A/76/L.20), which Bangladesh is pleased to co-sponsor.
As a country with scarce land, the sea and its resources are critical for Bangladesh. In recognizing the potential of marine and deep-sea resources, we ratified the United Nations Convention on the Law of the Sea in 2001 and have since made significant efforts to bring about its implementation. We have also resolved our maritime-boundary disputes with neighbouring countries, in accordance with Part XV of UNCLOS. We have also provided technical and scientific information to the Commission on the Limits of the Continental
Shelf in support of our outer continental shelf in the Bay of Bengal.
Bangladesh is an active member of the Council of the International Seabed Authority and is currently President of the Council. We have updated our national legislation to bring it into conformity with UNCLOS. The newly enacted Maritime Zones Law addresses all aspects relating to oceans and the law of the sea, including the efficient utilization, conservation and scientific management of our maritime resources.
As a low-lying coastal country, Bangladesh attaches high importance to the health of the ocean. Climate-induced sea-level rise is going to have a devastating impact on lives and livelihoods in Bangladesh. A one-metre sea-level rise could submerge approximately 40 per cent of the southern part of Bangladesh, resulting in displacement, food insecurity and economic loss. In recognizing that, Bangladesh has undertaken several initiatives to mitigate the adverse impact of climate change on the health of the oceans. Our climate change strategy and action plan, as well as other measures, include the conservation of the marine environment, among others.
The ocean is our global commons. Our common future will therefore be significantly determined by the way we conserve, develop and tap into oceanic resources and services. I wish to make a few points in that regard.
First, the devastating impacts of climate change on the oceans are apparent. Ocean warming, sea-level rise and exacerbated natural disasters are devastating human lives and livelihoods — in particular in vulnerable coastal communities — as well as marine and coastal life and ecosystems, and they are expected to worsen. In order to address the impacts of climate change on the ocean, integrated and collaborative action will be essential, including cross-agency action at the global level. The notion of integrated collaboration was recognized in the recently concluded Glasgow Climate Pact. However, more needs to be done for the protection of the marine environment. In that regard, we look forward to the upcoming United Nations Ocean Conference in Lisbon in June 2022.
Secondly, in order to ensure a balance with respect to the equitable and efficient utilization of ocean resources, the conservation of marine resources and the protection and preservation of the marine environment, it is imperative to ensure the early conclusion of an
international legally binding instrument 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 (BBNJ). We hope that the fourth session of the Intergovernmental Conference on BBNJ, which is scheduled to take place in the first half of 2022, will produce a positive outcome in that regard.
Thirdly, we need to redouble international cooperation in order to address the continuing threats to maritime security, such as piracy, armed robbery, kidnapping and the smuggling of migrants by sea. In that regard, we call on Member States to strengthen international cooperation so as to address those challenges, as well as to comply with their obligations regarding search and rescue at sea and to work towards addressing the root causes of those security threats.
Fourthly, capacity-building and technical assistance remain crucial for the implementation of legal and policy frameworks for the oceans and seas, in particular for developing States. We appreciate the efforts of the Division for Ocean Affairs and the Law of the Sea to assist developing countries in implementing the United Nations Convention on the Law of the Sea and its implementing agreements and to promote strengthened, sustainable and inclusive ocean economies, including by taking into account the constraints posed by the pandemic.
Finally, in order to recover from the impacts of the COVID-19 pandemic on the ocean economy and to build back better, we must encourage and foster integrated cooperation and coordination at the international, regional and local levels, especially in support of developing and small island States and coastal communities.
In conclusion, we would like to reiterate our commitment to UNCLOS, which remains the principal instrument for all activities in the oceans and seas. We call on all remaining States to join the Convention so as to achieve its universality.
I wish to begin by thanking Singapore and Norway for having successfully coordinated and concluded the negotiations on the draft resolutions on oceans and the law of the sea (A/76/L.20) and on sustainable fisheries (A/76/L.18), the adoption of which Peru supports and endorses. I also wish to express my gratitude for the reports submitted by the Secretary-General (A/76/311
and A/76/311/Add.1), the Ad Hoc Working Group of the Whole on the Regular Process (A/76/391) and the co-Chairs of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea at its twenty- first meeting (A/76/171).
The oceans play an essential role for our planet in regulating the climate, functioning as a marine biodiversity reserve and providing a source of food, employment, minerals and energy resources that are necessary for life. We therefore welcome the fact that the importance of the oceans is being increasingly recognized on the United Nations agenda. We believe it essential to redouble our efforts in confronting the challenges affecting the health of the oceans, especially global warming, biodiversity loss and rising sea levels.
Peru firmly believes that the United Nations Decade of Ocean Science for Sustainable Development is a unique opportunity to achieve the targets of Sustainable Development Goal 14 and to increase knowledge with regard to the oceans and their importance. International cooperation, scientific research and the application of innovative technologies will help implement solutions to tackle ocean pollution, warming and acidification. Data generation is also fundamental to strengthening the sustainable management of our oceans and coasts.
In a context characterized by ocean warming, biodiversity loss, acidification, deoxygenation, the melting of the cryosphere, rising sea levels and the exacerbation of natural disasters, there is an urgent need for the unwavering commitment of the international community and the determined cooperation of States so that we can guarantee immediate and wide-ranging actions for our peoples on all fronts in order to reverse the negative trends by taking advantage of scientific advances and the use of marine technologies.
I wish to highlight three critically important points concerning the health of the oceans, which call on us to act and to which we should commit: first, the negotiations on a legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction; secondly, the need to conclude the talks and negotiations taking place at the World Trade Organization on the elimination of harmful fisheries subsidies; and thirdly, the convening of the second United Nations Conference to Support the Implementation of Sustainable Development Goal 14, which is scheduled to take place in Lisbon from 27 June 2022.
National efforts to preserve extremely fragile ecosystems are in harmony with the ongoing negotiations process aimed at establishing management mechanisms based on geographic zones, including marine protected areas. Peru believes the successful outcome of those negotiations to be essential if we are to meet the objectives of the 2030 Agenda for Sustainable Development and thereby extend preservation beyond national jurisdictions.
We attach the utmost importance to the second United Nations Ocean Conference. We are confident that it will stimulate new partnerships in promoting the implementation of Sustainable Development Goal 14 and will facilitate the sharing of experiences gained at the national, regional and international levels with regard to said implementation. Peru made voluntary commitments during the first Ocean Conference, which we will reaffirm and expand on. We will actively participate in the second Ocean Conference with a view to promoting and fostering the adoption of new measures aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development.
I wish to underscore that, over the past several decades, the sustainable management of marine resources has been seriously affected by overexploitation and illegal, unreported and unregulated fishing. We must rectify that situation, make progress in the conservation and sustainable use of marine biological diversity and combat illegal, unreported and unregulated fishing. We wish to express our most steadfast support for the negotiations taking place within the framework of the World Trade Organization on the elimination of harmful fisheries subsidies. We hope that effective and efficient agreements can be reached so that sustainable fishing can become a reality — one that is not undermined by illegal or unreported practices.
We reiterate the importance of promoting efforts to counteract microplastic pollution. The increasing levels of plastic pollution, including microplastics, represent a serious environmental issue on a global scale — one that negatively affects all aspects of sustainable development. That is a particularly important and sensitive issue for Peru, as we rely on one of the seas comprising the richest and most productive biodiversity in the world, with an extensive coastline that is being increasingly affected by microplastic pollution. In that regard, together with the Republic of Rwanda, we have been promoting the negotiation of a global agreement
to enable the international community to resolutely address that issue and seek sustainable solutions.
In conclusion, I would like to emphasize that both draft resolution A/76/L.20, on oceans and the law of the sea, and draft resolution A/76/L.18, on sustainable fisheries, contain elements of particular importance. We hope that their adoption by the General Assembly, which Peru will support, will help kick-start the meetings scheduled for next year, address issues with budgetary implications and serve to renew the corresponding mandates. Our task is to increasingly link the law of the sea to the preservation of marine and coastal ecosystems.
The ocean breeds life, connects the world and promotes development. It brings together human societies and creates an interconnected community with a shared destiny. Protecting the marine environment, promoting its sustainable development and enhancing the common well-being of humankind through its development and use cannot be achieved without actively practicing genuine multilateralism. We must build consensus on, and strengthen the key role of the United Nations in, global ocean governance.
The United Nations is a promoter of the Convention on the Law of the Sea, an advocate of important concepts concerning the ocean and the founder of several international institutions and projects relating to ocean affairs. Given the current accelerated adjustment to the rules and order of global ocean governance, all countries should seek to uphold and strengthen the leadership role of the United Nations in the maritime field, advocate extensive consultations, consensus- building and the sharing of experiences and work together to build a system of ocean governance that benefits all countries in the world and that reflects the common values of all humankind. We must maintain maritime peace and uphold international maritime order based on international law.
Next year marks the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea. All parties to the Convention should consider its status and role in an objective, historical and dialectical manner by interpreting and implementing the Convention accurately, holistically and in good faith. The rules and principles of general international law should continue to be followed on matters not stipulated in the
Convention. Work is currently underway to establish a legally binding instrument on marine biodiversity and to develop international regulations for the exploitation of deep-seabed resources. China will work with all parties to make positive progress on those two international instruments with regard to the principle of balancing the rights and obligations of all States on the protection and use of ocean resources, in full respect of the existing regulations.
We must promote cooperation on the blue economy in order to inject new vitality into the global economic recovery from the coronavirus disease pandemic. The pandemic has had a huge impact on the world economy, and as the main artery of the international industrial and supply chains, the ocean will play an indispensable role in its recovery. The President of China, Xi Jinping, proposed a global development initiative at this year’s general debate (see A/76/PV.3, annex VI), which was conceived as a blueprint for national and international development cooperation and as a guide for the development of the marine economy.
China welcomes the participation of all countries in that major initiative in order to jointly build a twenty-first-century maritime Silk Road and a blue economic partnership. Through pragmatic cooperation we will develop greater synergies for the development of the marine economy. We must work together to meet the challenges of the marine environment and jointly build a marine ecological civilization. The ocean is the common home of all countries in the world, and the international community must cooperate in addressing global challenges such as climate change and rising sea levels.
China attaches great importance to the construction of a marine ecological civilization. We will continue to accelerate the implementation of the 2030 Agenda for Sustainable Development, bolster the prevention and control of marine environmental pollution, protect marine biodiversity and work towards the orderly development and use of marine resources. At the same time, we stand ready to deepen our cooperation with other countries in those areas.
The marine environment is closely related to the future and destiny of all countries. Maintaining the marine environment is the common responsibility and obligation of all countries. It is regrettable that Japan has disregarded the interests of the international community in having unilaterally decided to discharge
into the ocean the water contaminated by the Fukushima nuclear power plant. That decision was made without having first exhausted all possible means of safe disposal and without fully disclosing all relevant information. It was also a major error of judgment not to fully consult neighbouring countries and the international community as a whole. The Technical Working Group of the International Atomic Energy Agency is currently working to provide guidance on the safe disposal of nuclear-contaminated water. It is extremely irresponsible of Japan to move forward with its preparations to discharge the contaminated water into the ocean. We urge Japan to revoke that flawed decision and to immediately halt those preparations.
China appreciates the efforts made by the International Tribunal for the Law of the Sea, the International Seabed Authority (ISA) and the Commission on the Limits of the Continental Shelf to implement the United Nations Convention on the Law of the Sea. We actively support the actions carried out by those three major bodies and regularly provide financial contributions to the Commission and the ISA in order to help developing countries participate in global ocean affairs. China believes that international judicial and arbitral institutions should abide by the principle of national consent and fully respect the right of each country to independently select its method of dispute settlement.
The Commission on the Limits of the Continental Shelf should strictly abide by its rules of procedure, in particular the non-consideration clause in the settlement of disputes, and prudently handle submissions involving land or maritime disputes on delimitation of the continental shelf. With regard to the exploitation of deep-seabed resources, all parties should objectively assess the prospects for deep-sea development and the impact of the pandemic and make efforts to steadily advance the work of the ISA.
The sustainable development of fisheries is related to global ocean governance and also affects national economies and people’s livelihoods. As a responsible country, China is committed to the scientific conservation and sustainable use of fishery resources with a view to promoting the sustainable development of global fisheries. China stands ready to share its position and experiences in that regard. We are committed to comprehensively strengthening the management of offshore fisheries. We also attach great importance to conformity with international fisheries
regulations, to continuously improving international compliance and to earnestly fulfilling our obligations as a member of regional fisheries management organizations. We actively promote the conservation of marine fishery resources, implement independent fishing moratoriums on the high seas and advocate ecological and environmentally friendly fishing.
We are committed to resolutely combating illegal, unreported and unregulated (IUU) fishing. China has always maintained a zero-tolerance approach to that issue and is constantly seeking to improve legislation and strengthen law enforcement in that area. China continues to improve the supervision of offshore fishing vessels and supports joint efforts to crack down on IUU fishing through port supervision and strengthened international cooperation. We are actively considering acceding to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
China attaches great importance to protecting the rights and interests of seafaring crews. With regard to fisheries management policies, it has been our consistent goal to effectively protect the legal rights and interests of seafarers and to strengthen fisheries security on the high seas. We have enacted a number of regulations and laws with specific provisions that seek to protect the rights and interests of all seafaring crew members.
The United Nations is not the appropriate forum in which to discuss the issue of the South China Sea. The representative of the Philippines made a false statement on the matter, to which I should like to respond sternly. China’s position on the South China Sea has always been clear. China’s territorial sovereignty and maritime rights and interests in the South China Sea are underpinned by a sound historical and legal basis. China has always been committed to settling differences and resolving disputes peacefully through negotiations and consultations with the countries directly concerned. At the same time, China spares no effort in seeking to maintain friendly relations with neighbouring countries.
The South China Sea arbitration case was unilaterally initiated by the Philippines. The Arbitral Tribunal went beyond its jurisdiction and made a judgment ultra vires, thereby rendering it null and void and without binding force. China refuses to accept the arbitration ruling and will never accept any claims or
actions based on the judgment awarded. We hope that the Philippines will engage in efforts to resolve the dispute through negotiation and consultation, which is the appropriate course of action.
In recent years, owing to the joint efforts of China and the States members of the Association of Southeast Asian Nations (ASEAN), the situation in the South China Sea has remained generally stable. China and ASEAN member States continue to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea and actively promote consultations on the establishment of a code of conduct in the South China Sea. China remains ready and willing to maintain dialogue and communication with neighbouring countries, including the Philippines, and to collaborate with one another in a spirit of friendship over the long term with a view to promoting pragmatic cooperation and to making the South China Sea a sea of peace, friendship and cooperation.
The ocean is an important space and resource for the survival and development of humankind. There is only one ocean for humankind, and our common destiny is closely linked to that of the ocean. China stands ready to work with other countries to uphold genuine multilateralism, strengthen mutually beneficial cooperation, improve global ocean governance and promote the building of a maritime community with a shared destiny.
Allow me at the outset to extend my appreciation to the Secretary- General for his report on the oceans and the law of the sea (A/76/311 and A/76/311/Add.1), as well as to the coordinators of the informal consultations on draft resolutions A/76/L.18 and A/76/L.20. We would also like to thank the Division for Ocean Affairs and the Law of the Sea for its efforts and invaluable support throughout the exercise. That being said, I would also like to reiterate the position of my delegation on a number of issues relating to the agenda item we are discussing today.
While recalling the importance of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as a general legal framework for activities in the oceans and seas and acknowledging the status of the Islamic Republic of Iran as a State signatory to UNCLOS, we are of the view that the Convention is not the only legal framework governing the activities carried out in the oceans and seas. We would therefore expect
any negotiations on draft resolutions relating to the oceans and seas to consider the position of non-member parties to the Convention and to be conducted in an appropriate manner that encompasses the legitimate concerns of those countries. Such an inclusive vision could lead to constructive engagement among a greater number of countries in generating support for such draft resolutions.
Nevertheless, any constructive engagement by my delegation during the negotiations and in joining the consensus should not be construed as acceptance of the Convention as a legally binding instrument by my Government. Iran’s activities in the marine environment strictly adhere to those international instruments that it has expressly accepted. However, among others, a strong belief in protecting the sea and its resources, as well as ensuring the safety and security of maritime activities, has inspired us to cooperate with other countries in a constructive spirit on matters pertaining to those parts of the planet.
As a coastal State of the Persian Gulf and the Sea of Oman, the Islamic Republic of Iran is committed to realizing the targets of Sustainable Development Goal 14, in line with the 2030 Agenda for Sustainable Development. In order to achieve those targets and contribute to the United Nations Decade of Ocean Science for Sustainable Development (2021-2030), we stress that much greater efforts should be undertaken by States and all other stakeholders, including through international cooperation and coordination, as well as by providing capacity-building and transferring marine technology and know-how to developing countries.
The Islamic Republic of Iran highly values the efforts that have been made with regard to sustainable fisheries management, which has a particularly important role to play in supporting the economic activities of some developing countries, the conservation of maritime resources and ensuring healthy maritime ecosystems and food security for all. Given the decrease in marine resources in recent years and the planning that has been carried out in the area of responsible fisheries management, the use of selective fishing methods and combating illegal, unreported and unregulated fishing should be on the agenda of all countries, regional fisheries management organizations and relevant international institutions. In that regard, it is necessary for countries to take urgent action in the form of national programmes and international cooperation in order to improve the levels of knowledge and awareness
of fishermen and the exploiters of marine resources by building capacities.
Rapid population growth; industrialization; urbanization; increasing fishing demands; droughts and other natural disasters caused by climate-change effects; and ineffective development policies are degrading natural resources at an alarming rate and thereby pose a serious threat to sustainable development in our region. Sea-level rise, the loss of biodiversity and the depletion of the population of fauna and flora are other issues that we face in our region. Given the increasing damage and destruction being done to essential and economically important coastal ecosystems, such as mangrove forests, coral reefs and fisheries in the Persian Gulf and the Sea of Oman, we strongly recommend taking necessary action to protect those ecosystems, which can be achieved through cooperation among coastal countries in the region.
With regard to marine life and its safeguarding, the irresponsible construction of artificial islands in the Persian Gulf would undoubtedly damage the habitats of rare marine species and would endanger the natural life of its unique maritime resources. The deployment and heavy presence of military fleets in the Persian Gulf from countries outside of the region have exacerbated not only the safety and security of coastal States and smooth navigation in that body of water but also its levels of maritime pollution and marine resource depletion. We urge all relevant States to cooperate in order to protect the environment of that shared body of water and refrain from unilateral acts that might endanger its marine environment.
Sea-level rise is one of the most well-known consequences of global warming and climate change that my country, as a coastal State, is facing. In terms of tackling that problem, developed countries must meet their commitments under the United Nations Framework Convention on Climate Change and the Paris Agreement on Climate Change, including by providing financial resources, capacity-building and transferring technology, taking into consideration that developed countries should take a lead in climate actions given their historical accountability for greenhouse-gas emissions. Ambitious climate action and providing the means of implementation for developing countries could pave the way to achieving sustainable development for all.
In acknowledging the importance of the conservation, sustainable use and equitable sharing of
maritime biological resources in areas beyond national jurisdiction, the Islamic Republic of Iran supports the development of an effective, comprehensive and legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ), which is consistent with the international law of the sea. Stemming from our conviction that biodiversity in areas beyond national jurisdiction should be considered as the common heritage of humankind, my delegation is looking forward to participating in the fourth session of the Intergovernmental Conference on BBNJ in 2022.
The Islamic Republic of Iran reiterates its commitment to a rules-based maritime order for securing maritime rights and interests for all, as well as to ensuring that maritime activities are undertaken smoothly, including based on the international law of the sea. Based on that commitment and the sincere conviction that the protraction of conflicts and ever- escalating tensions among littoral States of the Persian Gulf is prone not only to further destabilizing the region but also to severely endangering the development and prosperity of the peoples of the region, the Islamic Republic of Iran proposed an initiative based on dialogue, cooperation and mutual respect during the seventy-fourth session of the General Assembly (see A/74/PV.5).
The Islamic Republic of Iran remains steadfast in its belief that regional cooperation based on that proposal would ensure safety, security and international order at sea, especially in the Persian Gulf and the Sea of Oman. Our contribution to combating piracy at sea in the region and beyond, in cooperation with other countries — as reflected by the Secretary- General in his relevant consecutive reports and as commended by the Security Council in a number of its resolutions — emanates from the same sentiment and understanding.
Finally, as we expressed in our statement on this topic last year (see A/75/PV.38), the outbreak of the coronavirus disease pandemic, in addition to the unilateral coercive measures that already existed owing to the maximum pressure policy of the United States against my country and the Iranian people, has exacerbated the daily life of ordinary Iranian people. It has heavily affected the provision of the basic needs of our people, including food, medicine, medical equipment and commodity supply chains, owing to the disruption of the freedom of navigation of the Islamic Republic of
Iran Shipping Lines as a result of the ruthless sanctions. In addition to previous unlawful acts, new developments since last year include stealing Iranian oil and seizing Iranian oil tankers at sea. We strongly urge against the continuation of such a dangerous policy, which serves only to exacerbate an already highly intense situation caused by arrogant unilateral policies. We urge the international community to condemn those unlawful acts, which threaten free trade at sea and the freedom of the sea, and to disregard such inhumane sanctions.
During this year’s general debate of the General Assembly, held in September, several Member States, including Canada, underscored ongoing concerns with regard to the impacts of the coronavirus disease pandemic in the face of multiple peace and security crises and the effects of climate change, which we are discussing today. While we have been fortunate enough to meet in person this year and reinvigorate our shared commitment to multilateralism, there is no question that the pandemic poses ongoing challenges in making progress on various global issues, including the protection and health of our oceans.
Looking ahead to 2022, Canada is keen to continue strengthening its international engagement on that front, including in our role as a member of the High- level Panel for a Sustainable Ocean Economy, in which the Prime Minister of Canada is joined by 14 other world leaders in seeking to advance the document entitled Transformations for a Sustainable Ocean Economy: A Vision for Protection, Production and Prosperity. The primary commitment under that initiative is for participating countries to sustainably manage 100 per cent of the ocean area under their national jurisdiction by 2025 based on sustainable ocean plans.
(spoke in English)
As we have just entered the Decade of Ocean Science for Sustainable Development (2021-2030), Canada has announced an investment of up to $9.5 million with a view to advancing ocean science in support of sustainable development, while at the same time advancing efforts to promote gender equity in ocean science and ensuring the meaningful engagement of indigenous peoples, not only in Canada but around the world. We are very much looking forward to the second United Nations Ocean Conference, to be held in Portugal next summer, which will provide an important opportunity to further mobilize, create
and drive solutions on the Sustainable Development Goals, including by releasing a progress report on the implementation of the aforementioned Transformations for a Sustainable Ocean Economy initiative.
We will continue our constructive engagement towards the eventual conclusion of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (BBNJ). We once again commend the President of the Intergovernmental Conference on that matter, Ambassador Rena Lee, for her dedication to the intersessional work that has been done over the past 18 months in order to keep the momentum going and ensure that delegations are better prepared for the next round of BBNJ negotiations, which are scheduled to take place in March 2022.
Canada will also continue to play an active role at the International Seabed Authority over the next 20 months and beyond in the development of regulations for the exploitation of mineral resources in the Area. We must work together towards a sustainable and responsible mining regime that is based on a prudent approach and the best available science. Owing to our experience as a mining nation, we believe we have a lot to contribute to that endeavour — from expertise and experience in mining and offshore oil and gas regulations, to sound ocean management — and we look forward to engaging with all Member States in the negotiations.
Along with other Member States, and as other delegations have mentioned today, we are deeply concerned about the findings of the latest report of the Intergovernmental Panel on Climate Change, which states that we will surpass global warming of 1.5°C unless global emissions are significantly reduced within the next decade. Faced with increased temperatures, acidification, oxygen decline and several other factors, including plastic pollution, our oceans are under threat. We look forward to engaging in the new annual dialogue on strengthening ocean-climate action, which was agreed at the 2021 United Nations Climate Change Conference and will commence in 2022.
As part of our commitment to addressing climate change, we have agreed to double our international climate finance commitment to $5.3 billion over the next five years to support the poorest and most vulnerable countries. We will also increase our provision of funding for climate adaptation and nature-based
climate solutions, including by contributing $9 million in additional support for the Ocean Risk and Resilience Action Alliance to help small island developing States and coastal developing countries increase their resilience to the impacts of climate change. We have heard from several delegations today, including those of small island States in the Caribbean and the Pacific, who have made it very clear that rising sea levels are not only a matter of inconvenience or concern but one of existential survival. It is therefore an issue of which all of us must be seized.
In its report this year (A/76/10), the International Law Commission addressed the topic of sea-level rise in relation to international law. As an ocean nation with the longest coastline in the world and projected sea- level rise on all three of our coasts, Canada shares the concerns of the many coastal and small island developing States from whom we have heard this morning. In that regard, Canada takes note of the Declaration on the Importance of Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise, which was adopted by Pacific Islands Forum leaders, and the Leaders’ Declaration of the Alliance of Small Island States. Those Declarations constitute urgent calls for action that draw our attention to the need for the global community to decide how it is going to preserve maritime boundaries and spaces while at the same time respecting the law of the sea. From our perspective, we will continue to advocate for all maritime claims to be based on the recognized principles of international law, including as contained in the United Nations Convention on the Law of the Sea.
Beyond our own international engagement, aspects of which I have outlined in my statement today, we are also doing our part domestically, as we continue to push for ambitious marine-conservation efforts. Having dedicated an investment of $977 million to such efforts, work is well underway towards achieving our goal of protecting 25 per cent of Canada’s oceans by 2025 and 30 per cent by 2030. We continue to encourage all States parties to the Convention on Biological Diversity to set a goal to protect 30 per cent of the world’s oceans by 2030, as highlighted by our participation as a member of the Global Ocean Alliance, which comprises 71 States members.
We are also developing a strategy that will focus on the long-term growth of our blue economy, while at the same time focusing on restoring and safeguarding the health of our oceans by leveraging strengths,
addressing barriers and seizing areas of opportunity around the world.
(spoke in French)
In conclusion, Canada wishes to reiterate its commitment to the oceans through cooperative multilateralism, which strengthens the rules-based international order. As several delegations have mentioned today, including the representative of the Philippines, and as the President of the General Assembly noted in his closing remarks at this year’s general debate, multilateralism is alive and well, and however much we may disagree on tactics, our end goal is very much the same (see A/76/PV.17). With that in mind, Canada firmly believes that we must put our differences aside and focus on our common goal, which is to ensure that everyone can enjoy and benefit from our oceans for generations to come. We must continue to prioritize that approach, because it is the best way to generate powerful impetus for our ocean-related work, build effective global partnerships and work together in tackling the pervasive dangers facing our oceans.
My delegation would like to thank the facilitators of the two draft resolutions before the Assembly today — Ms. Natalie Morris-Sharma, facilitator of draft resolution A/76/PV.20, on oceans and the law of the sea; and Mr. Andreas Kravik, facilitator of draft resolution A/76/L.18, on sustainable fisheries. Monaco is once again pleased to co-sponsor the two draft resolutions. The facilitators’ excellent stewardship of our work, which took place in a virtual format once again this year, has produced draft resolutions with high-quality texts. We should also like to commend the support provided by the Division for Ocean Affairs and the Law of the Sea throughout our consultations this year. We also welcome the appointment of Mr. Vladimir Jares as Director of the Division.
The texts of the two draft resolutions before us paint a comprehensive picture of the issues at stake, the overall health of the ocean and the actions undertaken by Member States and relevant international organizations. A particularly extensive scientific corpus is available to guide our actions and choices. Moreover, cooperation and capacity-building programmes and activities seek to ensure that we are all moving together in the same direction. It is now perfectly clear that the oceans are being particularly affected by the climate crisis, the global biodiversity crisis and anthropogenic pressures,
such as pollution, underwater noise, overfishing and illegal, unreported and unregulated fishing. Those threats are global in nature. The fate of the oceans will be bound by the collective response of Member States to those challenges.
The suicidal war on nature mentioned by the Secretary-General is an issue that concerns us all, wherever we may be. We must also bear future generations in mind, because the outcome of the crises we face will determine the future of our peoples and lifestyles and even that of certain States. Yet that which poses an existential threat to humankind is not an existential threat to the planet itself. The Earth will continue to exist without us, but we will not survive in an inhospitable climate.
We know that the ocean is a central facet of the global climate system. Humankind will suffer both the immediate and long-term effects of the phenomena than humans themselves have caused. According to the report of the Intergovernmental Panel on Climate Change, Climate Change 2021: The Physical Science Basis, it is now unequivocal that human influence has warmed the atmosphere, ocean and land. The warming of the oceans, deoxygenation and melting ice and ice caps, especially in the Arctic and Greenland, are well documented. The acidification of the oceans also has profound socioeconomic effects, in particular on tourism as a result of coral bleaching and on fishing and food security by attacking shellfish, which need to develop calcium carbonate shells, and plankton, which is at the base of the food chain.
Furthermore, accelerating sea-level rise threatens major coastal towns and cities, deltas, low-lying coastal plains and low-lying islands, among others. The high costs of mitigation and adaptation measures render the phenomenon particularly worrisome for developing countries and, above all, small island developing States. Extreme weather events will also become more frequent and destructive, which will wipe out years of progress and development. The twenty-first meeting of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, which was co-chaired by the Permanent Representatives of Monaco and Tonga in June, helped deepen our knowledge and understanding of those phenomena. We wish to once again thank the experts and delegations who took part in the discussions.
The fight against pollution, in particular plastic and microplastic pollution, is another priority, as is the protection of marine biodiversity. On the margins of the International Union for Conservation of Nature World Conservation Congress, which was held in the port city of Marseille in September, the Principality of Monaco participated in the launch of the action plan entitled “The Mediterranean: a model sea by 2030”. Within the framework of that French initiative, Monaco undertakes to increase ambition for preserving marine and coastal biodiversity in the Mediterranean.
The Mediterranean Sea is inseparable from the identity of Monaco. As a sea-oriented country owing to its geographical location and especially owing to the firm commitment of its Princes, Monaco has been supporting initiatives for several decades aimed at preserving the sea. Some examples include the RAMOGE agreement to fight against marine pollution, which we signed with France and Italy in 1976; the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, which we signed in 1996 and which currently has 24 States parties; the Pelagos Sanctuary for Mediterranean Marine Mammals, which we entered into with France and Italy in 1999; the MedFund, which is a trust fund we created along with France and Tunisia to promote marine protected areas; and the BeMed programme to promote the fight against plastic pollution, which was initiated by the Prince Albert II of Monaco Foundation.
Without protecting the marine environment and its biodiversity, there can be no sustainable use of marine resources in the future. That conviction guides Monaco’s positions in various international forums. My delegation therefore hopes that the work of the Intergovernmental Conference on an international legally binding instrument 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 will resume and be finalized in 2022. Any such agreement should complement the existing regime to move beyond the status quo and ensure the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. In that regard, we will continue to call for the establishment of a global network of interconnected marine protected areas, which would enjoy high levels of protection to be decided upon by the conference of parties to any future agreement.
My delegation is also looking to Lisbon and hopes that the second United Nations Conference to Support the Implementation of Sustainable Development Goal 14 can be held in 2022 and thereby mark an important milestone towards achieving the targets therein.
Finally, Monaco welcomes the launch of the United Nations Decade of Ocean Science for Sustainable Development (2021-2030) and the key role played by the Intergovernmental Oceanographic Commission of UNESCO in that regard. The Decade provides us with the opportunity to increase our knowledge, deepen international coordination and cooperation and strengthen capacities and the interface between science and political decision-making.
My delegation is grateful for the Secretary-General’s report on oceans and the law of the sea (A/76/311 and A/76/311/Add.1), which sets out the major challenges facing the health and sustainability of the oceans and the challenges facing those whose lives and livelihoods depend on the sea in the current times of global pandemic, which continues to impose obstacles, in particular for developing countries.
According to the Intergovernmental Panel on Climate Change, it is unequivocal that human influence has given rise to global warming, with the seas and oceans having undergone irreversible changes. That irrefutable reality is exacerbated when certain human activity threatens ecosystems and marine biological diversity. We must act to confront the unsustainable model of overfishing and pollution.
That is why the President of the Republic of Ecuador, Guillermo Lasso Mendoza, announced during the 2021 United Nations Climate Change Conference (COP26), which was held in Glasgow in November, the creation of a new marine reserve in the Galapagos Islands — a natural heritage of humankind — where seven marine currents converge and where 95 per cent of recorded species are endemic. That new comprehensive protection area will expand the existing reserve, thereby strengthening not only the protection of its biodiversity but also the fight against climate change by means of natural carbon capture by the significant populations of marine fauna and flora species in the area and by means of reducing and controlling other polluting activities. The creation of that new reserve will extend the archipelago’s existing reserves by 60,000 square kilometres, from 133,000 to 193,000 square kilometres.
Ecuador continues to act in accordance with the commitment assumed under the Global Ocean Alliance 30by30 initiative and has achieved an international milestone in having granted protected status to 16 per cent of the maritime space under its national jurisdiction, thereby exceeding the world average of just 3 per cent. We are also working to strengthen the new global biodiversity framework and the fight against plastic pollution, as well as maximize its benefits in order to increase the biomass, density and yield of species both within and outside the protected area, bolster the productivity of small-scale and industrial fisheries and foster other economic, social and environmental benefits.
Also within the framework of COP26, the Presidents of Ecuador, Colombia, Costa Rica and Panama signed a pioneering declaration to promote and implement a model for the protection and management of the islands of Coco, Galapagos, Malpelo and Coiba, as well as the single ecosystem among the islands comprising the Marine Corridor of the Eastern Tropical Pacific. That initiative will enable the creation of one of the largest marine biosphere reserves on the planet.
Combating illegal, unreported and unregulated fishing is of the utmost importance to Ecuador, as it constitutes the most frequent threat to marine protected areas. Ecuador is working to ensure effective management in its exclusive economic zone within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) and other agreements, such as the Agreement on Port State Measures of the Food and Agriculture Organization, in addition to other relevant international instruments concerning the conservation and management of straddling fish stocks and highly migratory fish stocks.
With regard to maritime spaces, on 16 December 2020 Ecuador and Costa Rica delivered a first joint partial submission of data and information on the outer limits of the continental shelf in the Panama Basin to the Commission on the Limits of the Continental Shelf, in accordance with UNCLOS. That joint binational work stands as an example of collaboration in the region. We will make an oral submission to the Commission at its fifty-fourth session, which is scheduled to take place next year.
Last but not least, I would like to thank the Ambassadors of Norway and Singapore as coordinators of the draft resolutions on sustainable fisheries and on
oceans and the law of the sea, respectively, who for the second consecutive year had to conduct the consultations virtually and who successfully concluded their work despite its complexity. Ecuador has co-sponsored both draft resolutions, as contained in documents A/76/L.18 and A/76/L.20, which the General Assembly will consider today.
The Maldives aligns itself with the statement delivered earlier by the representative of Antigua and Barbuda, on behalf of the Alliance of Small Island States (AOSIS).
My delegation is grateful for the report of the Secretary-General (A/76/311 and A/76/311/Add.1) and for that of the co-Chairs of the United Nations Open- ended Informal Consultative Process on Oceans and the Law of the Sea at its twenty-first meeting (A/76/171).
The ocean is the source of life on our blue planet. It supports humankind’s sustenance and provides for the brilliant biodiversity of our world in a multitude of ways. The Secretary-General’s report disturbingly underscores the urgency and severity of the anthropogenic pressures our ocean is facing. From acidification to coral bleaching, our ocean is under stress, as are the fates of those whose lives are closely intertwined with it. We may soon witness States members of the General Assembly leaving the United Nations — not by choice, but because the ocean has engulfed them — and those will be the smallest and most vulnerable among us. However, through accelerated, united action to protect and restore our ocean, we can avoid that fate and ensure a prosperous and sustainable future for all countries, leaving no one behind.
Our islands proudly bear custodianship over 90,000 square kilometres of the Indian Ocean, which is an inalienable part of Maldivian identity, culture and thought. It is also the lifeblood of our economy and the guarantor of our prosperity. Our communities, industries, coastlines and waters are at the front line of the successes and failures of the world’s efforts to ensure a future of sustainable ocean development. Our tourism sector, which is inextricably linked to the health of our oceans, directly and indirectly accounts for 75 per cent of our gross domestic product. Similarly, we continue to practice our traditional, sustainable pole and line fishing. Fishing is a primary economic activity in nearly all of our inhabited islands, and fish is our leading physical export.
We continue to do all that we can as an individual small island developing State (SIDS) to protect the Earth’s most precious resource, but that protection is clearly an endeavour that demands global cooperation. In recognizing that, the Maldives has always sought to adopt a leadership role in promoting and progressing global cooperation on the sustainable management and use of our ocean. On World Oceans Day last year, we co-launched the Group of Friends to Combat Marine Plastic Pollution, whose 46 founding members act based on a shared recognition of that growing issue and the urgent need to raise awareness and advocacy for coordinated multilateral action. In that regard, we join States members of AOSIS and others in calling for the launch of intergovernmental negotiations to develop a new legally binding global agreement on plastic pollution.
The United Nations Convention on the Law of the Sea (UNCLOS) remains of paramount importance in our common endeavour to safeguard the oceans. Its universality reflects the principle that international cooperation is truly our only option to mitigate and prevent the dire consequences of the continuing degradation of our oceans. We look forward to next year’s resumption of the intergovernmental processes on marine biodiversity in areas beyond national jurisdiction.
We also note the ongoing work of the International Law Commission (ILC) on sea-level rise in relation to international law. We welcome the observations of the co-Chairs of the study group on that thematic issue, as contained in their first issues paper, that there is a body of State practice developing with regard to the preservation of baselines and outer limits of maritime zones measured from baselines. We reiterate that it is the position of the Maldives that once maritime entitlements are determined in accordance with UNCLOS, those entitlements are fixed and will not be altered by any subsequent physical changes to a State’s geography as a result of sea-level rise. We look forward to continuing to engage with the ILC study group on that important topic.
The Secretary-General’s report discusses, inter alia, the progress made on climate finance, especially with regard to the Green Climate Fund and the Commonwealth Climate Finance Access Hub. While we welcome any increases in climate financing, we stress that the current level of funding is minuscule compared to the estimated trillions of dollars that are
required each year to build our resilience and make the necessary transformations to our energy, transport and other systems. SIDS are particularly vulnerable to climate change, and the degradation of our oceans are a double burden that we must bear. The existing frameworks for international financing require urgent action, evaluation and remedy, and we once again stress the need for concessional, grant-based, adequate and predictable financing for small island developing States.
In conclusion, the Secretary-General aptly notes that achieving ocean sustainability will require urgent and greater efforts on all fronts if we are to reverse the current disturbing trends. We need to transform humankind’s current relationship with the ocean so as to ensure that our development does not endanger the planet’s most precious resource. In the light of the forthcoming intergovernmental processes, 2022 will be a critical year in our collective efforts to yield results that will protect our ocean for generations to come. We do not have the luxury of settling for anything less.
Australia remains deeply committed to upholding the integrity of the United Nations Convention on the Law of the Sea (UNCLOS), both within our Indo-Pacific region and more broadly. We are committed to promoting freedom of trade and safeguarding freedom of navigation. We want the sovereignty and rights of all States to be respected. We encourage the conservation and sustainable use of marine resources, including fisheries. We place strong emphasis on preserving ocean and marine ecosystem health given the importance of the ocean for economic security and livelihoods, in particular in our region. We advocate strongly for the peaceful resolution of disputes in accordance with international law.
UNCLOS sets out clear, comprehensive and universal rules that are consistent with those objectives. As we reaffirm each year in the oceans and the law of the sea resolution, the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out. UNCLOS lives up to its moniker as the “constitution of the seas and oceans”. It provides a comprehensive legal order governing States’ interaction and cooperation in the oceans, from navigation and conservation to the way in which the maritime entitlements of States may be established. UNCLOS provides a foundation for international peace, security and stability. It supports all States in exercising their rights and freedoms and complying
with their obligations in the oceans and seas, which is particularly vital in the South China Sea.
As reflected in the note verbale that Australia lodged with the Secretary-General on 23 July 2020, we do not accept maritime claims that are inconsistent with UNCLOS. The provisions of UNCLOS provide the comprehensive and exhaustive legal framework for establishing all maritime zones. Any domestic legal regime that regulates activities in the maritime domain must be fully consistent with UNCLOS. It is also our long-standing and consistent position that the 2016 South China Sea arbitral award is final and binding on the parties and should be respected. We remain concerned about the destabilizing actions in the South China Sea, including the militarization of disputed features, actions to disrupt other countries’ resource exploitation activities and the dangerous or coercive use of coast guard vessels and maritime militias. We urge all claimants to take meaningful steps to ease tensions, build trust and cease actions that could undermine stability or lead to escalation.
We welcome the recommencement of meetings in the International Seabed Authority’s Assembly and Council, respectively, with a view to progressing the Authority’s important work. We hope that in-person meetings will be possible next year. Australia encourages the Authority and its States parties to advance efforts towards robust regulations for deep-sea mining exploitation in the Area to ensure the protection of the marine environment. As a member of the Pacific Islands Forum (PIF), Australia is committed to a secure, prosperous and sustainable blue Pacific. UNCLOS compels countries to cooperate in order to conserve the living resources of the oceans and protect and preserve the marine environment.
Australia strongly supports the development of an implementing agreement under UNCLOS in order to address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Australia is committed to securing a treaty that delivers real conservation benefits for our oceans, including new marine protected areas on the high seas, and that sets strong environmental protection standards. We encourage all States to continue to work towards concluding an ambitious and comprehensive agreement when negotiations resume in 2022.
We commend the close attention that the General Assembly and its Sixth Committee continues to devote
to the issue of sea-level rise. While the impacts of sea- level rise will most evidently affect coastal States, in particular low-lying States such as many of those in our Pacific family, all States will be affected in one way or another. We encourage other States to support the interpretation of UNCLOS as set out in the Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise, which was adopted by PIF leaders. We welcome the International Law Commission’s consideration of the issue. The ongoing work of the Commission has already recognized, through the study group’s first issues paper, the significant development, economic and environmental challenges that sea-level rise will pose and has contributed to identifying the important and urgent questions of international law that require our close consideration.
We urge all States to engage with the Commission as it undertakes that work and to recognize that a key purpose of UNCLOS is to provide a stable, predictable and durable maritime order.
Allow me to congratulate the delegations of Singapore and Norway on having facilitated the negotiations on draft resolutions A/76/L.18 and A/76/L.20, which the Assembly will consider today. We are also grateful to the Division for Ocean Affairs and the Law of the Sea for the assistance it provides to Member States.
Guatemala believes that the international legal regime regulating activities in the oceans — whether multilaterally, regionally or bilaterally — is the fundamental basis that guides the behaviour of States at sea and the sustainable protection of marine and coastal ecosystems.
My delegation reiterates the importance it attaches to the United Nations Convention on the Law of the Sea (UNCLOS), also known as the “constitution of the oceans”, given that in addition to establishing the legal framework that guarantees the rule of law in maritime spaces, it is also a key instrument within the rules-based international order that contributes to the maintenance of peace, cooperation and friendly relations among States through the definition of maritime zones, navigation rights, environmental protection, as well as its conflict-resolution mechanism, inter alia. Guatemala also believes that the importance of the Convention lies in the fact that it is one of the international instruments with the greatest economic, political and
strategic implications, thereby making it a tool for the international community and for the development of States, which is why it must be implemented in a way that benefits humankind as a whole.
Guatemala recognizes the consolidation of the work of, and the efforts undertaken by, the bodies created by UNCLOS, such as the Commission on the Limits of the Continental Shelf, the International Tribunal for the Law of the Sea and the International Seabed Authority. Moreover, Guatemala welcomes the launch by the Secretary-General of the Second World Ocean Assessment on 21 April, which was the main outcome of the second cycle of the Regular Process for Global Reporting and Assessment of the State of the Marine Environment and provides scientific information about the state of the marine environment in a comprehensive manner with a view to supporting decisions and actions in pursuit of the Sustainable Development Goals, in particular Goal 14. We also welcome the terms of reference and working methods of the Group of Experts, as well as the mechanism for establishing the Pool of Experts for the third cycle of the Regular Process.
The protection and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) is currently one of the most relevant issues concerning the law of the sea. With regard to the negotiations on a legally binding instrument on BBNJ, we recognize that the process is underway within the legal framework of UNCLOS, which has the potential to complement its provisions in a coherent manner without affecting the rights, jurisdiction or obligations of States, in accordance with the Convention and without undermining the relevant legal frameworks already in place.
In conclusion, Guatemala recognizes the efforts being undertaken in the negotiations on a BBNJ agreement. We consider the negotiation of its text to be of the utmost importance, as it will determine the legacy we leave to future generations. We therefore wish to underscore the need to strengthen the exchange of scientific knowledge, build capacities and transfer marine technology, especially to developing countries, all of which constitute defining elements for the effective implementation of the provisions of such an agreement.
At the outset, my delegation would like to thank the Secretary- General for his report on the agenda item before us
(A/76/311 and A/76/311/Add.1). We are also grateful for the report on the work of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea at its twenty-first meeting (A/76/171) and the report on the work of the Ad Hoc Working Group of the Whole on the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects (A/76/391). We also wish to thank Singapore and Norway for their leadership in the consultations on the draft resolutions before the Assembly today, namely, those contained in documents A/76/L.20, on oceans and the law of the sea, and A/76/L.18, on sustainable fisheries, both of which my delegation supports.
As a State party to the United Nations Convention on the Law of the Sea (UNCLOS) since October 1993, Honduras recognizes the Convention as the legal framework within which all activities in the oceans and seas must be carried out. The Convention is therefore of strategic importance as the basis for activities and cooperation in the marine sector at the national, regional and global levels.
The coronavirus disease (COVID-19) pandemic has affected all nations around the world and has perhaps most severely impacted those with fewer resources and more vulnerable populations. Our country is in an area of high risk to the effects of climate change, and we have suffered the consequences. My delegation therefore calls on States to redouble their global efforts to counter climate change. We must seize this crucial moment to ensure that the solutions we adopt in tackling the pandemic are green-oriented in order to protect the heritage of future generations and ensure a resilient recovery.
The Republic of Honduras currently has the honour of co-chairing, together with the Kingdom of the Netherlands, the Ad Hoc Working Group of the Whole on the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects. In that regard, we call on all States parties to continue to strengthen the periodic scientific assessment of the state of the marine environment in order to improve the scientific basis for the development of public policies that help mitigate the impacts of marine pollution, ocean acidification, habitat destruction, watershed degradation, overfishing, biodiversity loss, unregulated aquaculture and rising sea levels, inter alia.
We also welcome the launch by the Secretary- General of the Second World Ocean Assessment on 21 April, which was the main outcome of the second cycle of the Regular Process. Honduras recognizes that the process is a collective effort on the part of the interdisciplinary drafting teams comprising experts from around the world, which provides comprehensive scientific information on the state of the marine environment and supports the achievement of the Sustainable Development Goals, especially Goal 14, as well as the implementation of the United Nations Decade of Ocean Science for Sustainable Development.
One of my country’s priorities is to continue to work on national, regional and international programmes and strategies to eliminate the use of plastic and prevent it from being discarded in the seas and oceans in order to obtain a healthy marine environment. In that connection, my country has the honour of participating as a founding member in the Group of Friends to Combat Marine Plastic Pollution.
The Republic of Honduras reiterates that even in the face of the challenges posed by the COVID-19 pandemic, it is important to convene the second United Nations Oceans Conference in June 2022, to be organized by Portugal and Kenya, and to conclude, at the next session of the Intergovernmental Conference, an international legally binding instrument under UNCLOS on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction in order to implement Sustainable Development Goal 14. That will enable us, inter alia, to establish effective cross-sectoral marine protected areas in order to maintain global ocean health and provide capacity-building and transfer technology to developing countries. My country therefore urges the continuation of the constructive intersessional work that is being undertaken with a view to concluding treaty negotiations as soon as possible.
In conclusion, I would like to emphasize that concerted action is still essential for the protection of underwater cultural heritage and in order to achieve gender equality and the empowerment of women in all ocean-related sectors.
My delegation would like to express its gratitude to the coordinators from Singapore and Norway for their work in coordinating the important draft resolutions A/76/L.18 and A/76/L.20, which are before us today. We are pleased to co-sponsor
draft resolution A/76/L.20, on oceans and the law of the sea.
The United Nations Convention on the Law of the Sea (UNCLOS) sets out the fundamental legal framework within which all activities in the oceans and seas must be carried out. The Republic of Korea highly appreciates the value of the Convention and the significant contributions made by the International Tribunal for the Law of the Sea (ITLOS), the Commission on the Limits of the Continental Shelf and the International Seabed Authority. Next year the international community will celebrate the fortieth anniversary of the adoption and opening for signature of the Convention. We look forward to using that momentum to reflect on our past achievements and suggest ways forward in strengthening the rules-based order in ocean affairs. The Republic of Korea has been a staunch supporter of the Convention and its three main bodies. In that regard, we have made a series of voluntary contributions, including by sponsoring ITLOS workshops for legal advisers, which my Government hopes will be held as soon as circumstances permit.
The findings of the 2021 report of Working Group I of the Intergovernmental Panel on Climate Change are worrisome. The oceans continue to become warmer and further degraded and acidified, and they are beginning to lose their resilience. The General Assembly needs to signal its resolve by adopting the draft resolutions before us in order to translate those concerns into action. One of the major side effects of climate change is sea-level rise. Sea-level rise poses a variety of threats to every country in the world, especially existential threats to small island countries. Given that the phenomenon has many implications for the current system of the law of the sea, we take note of the ongoing discussions in international forums, including at the International Law Commission. We also need to keep in mind the impacts of climate change on the oceans. The willingness of the international community to address those impacts was observed in the decision made at the 2021 United Nations Climate Change Conference, as well as in the Seoul Declaration adopted at this year’s summit on the Partnering for Green Growth and the Global Goals 2030 initiative.
As rightly pointed out in the Secretary-General’s report (A/76/311 and A/76/311/Add.1), the coronavirus disease pandemic has continued to impact upon the ocean and ocean activities. In the process of overcoming that challenge, we need to keep in mind the
objective of building back better and the importance of focusing on a sustainable ocean economy through building resilience. The pandemic has also changed the modalities of our work in the General Assembly and prevented us from engaging in in-depth and substantive discussions in various areas. However, our work in addressing important substantive matters should not be delayed any longer. We therefore hope that the fourth session of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction will be held next March and that the 2022 United Nations Ocean Conference will be held next June, without further postponement.
The ocean is facing an unprecedented range and magnitude of threats as a result of human activities. The issue of oil spills at sea is reflected in this year’s draft resolution A/76/L.20, on oceans and the law of the sea. That issue, however, is not the only one that requires concerted and enhanced efforts by the international community. We should bear in mind that a wide variety of anthropogenic pressures, such as unsustainable fishing, pollution and incidents involving hazardous substances, including radioactive materials, need our close and constant attention, and we should be ready to provide clear direction in tackling those pressures at the right time.
In addressing all worrisome ocean issues, especially those of a transboundary nature, the Government of the Republic of Korea is of the view that priority should be given to human health as well as the marine environment and ecosystem. Emphasis should also be put on transparency, scientific expertise and open and good-faith consultations with all relevant stakeholders, in compliance with international law, especially UNCLOS. Furthermore, States parties to the Convention should bear in mind the legal significance of a precautionary approach in conducting activities that might affect the marine environment.
Let me begin by thanking Ms. Natalie Morris-Sharma of Singapore and Mr. Andreas Kravik of Norway for their dedication and excellent coordination in preparing draft resolutions A/76/L.18 and A/76/L.20. Japan also wishes to express its appreciation for the constructive engagement of our fellow Member States and the invaluable support of
the Division for Ocean Affairs and the Law of the Sea throughout the process.
At the outset, my delegation would like to stress the utmost importance of maintaining and strengthening the maritime order based on the rule of law, especially for a nation like Japan, which is surrounded by the ocean. It is against that background that Japan strongly upholds the universality and comprehensiveness of the United Nations Convention on the Law of the Sea (UNCLOS), which provides for the freedom of navigation and overflight, freedom on the high seas, the protection and preservation of the marine environment and the peaceful settlement of disputes.
The year 2022 will mark the fortieth anniversary of the adoption of the Convention, which sets out the legal framework within which all activities in the oceans and seas must be carried out. Since its entry into force, Japan has constructively and proactively contributed to the maritime order under the Convention. Japan is committed to contributing to the work of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction, for the benefit of the international community. Japan has also constructively engaged in the work of the International Seabed Authority, including in its efforts to formulate reasonable regulations on mineral exploitation that properly strike a balance between exploitation and environmental considerations.
My delegation would also like to underscore the importance of the rule of law as the basis for peace and prosperity in every part of the world’s oceans. The effective implementation of UNCLOS is also an essential basis for the achievement of Sustainable Development Goal 14 and other related Sustainable Development Goals. Japan is determined to continue to cooperate with fellow Member States with a view to maintaining and strengthening the maritime order based on UNCLOS.
In that connection, my delegation is pleased to announce that Japan has decided to nominate Ambassador Harry Horinouchi Hidehisa, the Ambassador of Japan to the Kingdom of the Netherlands and an experienced diplomat with profound knowledge of international law, as a candidate to become a judge at the International Tribunal for the Law of the Sea in the elections to
be held in June 2023. Japan highlights Ambassador Horinouchi’s notable engagement and dedication at the time of Japan’s ratification of UNCLOS.
Japan has also decided to re-nominate Professor Yamazaki Toshitsugu, who is a current member of the Commission on the Limits of the Continental Shelf (CLCS) and one of Japan’s most prominent marine geologists, as a candidate to continue as a member of the Commission in the elections to be held in June 2022. We are confident that both of our candidates will make significant contributions to the maritime order based on the rule of law owing to their professionalism and profound expertise in their respective fields.
The text of draft resolution A/76/L.20, on oceans and the law of the sea, confirms our commitment to a rules-based maritime order and covers a wide range of oceanic issues. Japan is pleased to co-sponsor the draft resolution. In that context, my delegation would like to share a few observations on the latest developments and issues relating to ocean affairs and the law of the sea.
First, my delegation would like to recall the recent exchange of notes verbales in the CLCS, in which a number of countries clarified their legal positions regarding the South China Sea issue. Japan invites all Member States to follow that issue closely. Based on the view that Japan expressed in its note verbale dated 19 January, we would once again like to state that given the universality and comprehensiveness of UNCLOS, all maritime claims must be based on the relevant provisions of the Convention.
We would like to further recall, with emphasis, the sixteenth East Asia Summit held this year, during which, with regard to the South China Sea, our leaders concurred on the importance of pursuing the peaceful resolution of disputes without resorting to the threat or use of force, in accordance with international law, as well as on the importance of non-militarization and self-restraint in conducting all activities, as mentioned in the Chairman’s statement at the Summit.
My delegation would also like to take up the issue of climate change-related sea-level rise, which poses a serious challenge to the international community, especially small island States. Taking into account the urgency of that issue, Japan welcomes the recent discussions of the International Law Commission and is committed to working closely with relevant countries, including the members of the Pacific Islands Forum (PIF), whose leaders issued the Declaration
on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise in August.
Japan wishes to echo the view expressed by many countries that in tackling the issue of climate change-related sea-level rise, the integrity of UNCLOS as a “constitution of the oceans” should be respected. In that context, we appreciate the fact that the aforementioned PIF Declaration is also in line with that understanding. We would like to stress that Japan and the PIF countries concur on the importance of establishing maritime zones in accordance with the relevant provisions of UNCLOS, as shown in the leaders’ declaration adopted at the ninth Pacific Islands Leaders Meeting, which was held in July.
Last but not least, Japan is a nation that derives its sustenance from the ocean, as is the case for other Member States. My delegation would therefore like to reiterate the importance of ensuring the conservation and management of marine living resources for the sake of their sustainable use. In that respect, we believe it necessary to continue to pay due respect to the role played by the competent regional fisheries management organizations, while giving due regard to the sovereign rights of coastal States in their exclusive economic zones. Each State should also fulfil its duties and responsibilities under relevant international laws by effectively exercising its jurisdiction and control over vessels flying its flag. However, in recent years we have witnessed practices all over the world that clearly run contrary to such a rules-based maritime order. All States concerned must work together closely in order to tackle those situations. As part of those efforts, Japan continues to promote the ratification of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the Food and Agriculture Organization.
Japan will continue to cooperate with fellow Member States that share its belief in the importance of the rule of law as a universal value and will persistently make efforts to ensure a free and open Indo-Pacific. In conclusion, let me reiterate Japan’s wish that draft resolutions A/76/L.20, on oceans and the law of the sea, and A/76/L.18, on sustainable fisheries — which are the result of the cooperative work of Member States — will be duly adopted by the General Assembly.
Costa Rica would like to thank the Secretary- General for his report on the topic of today’s debate
(A/76/311 and A/76/311/Add.1). We also wish to acknowledge the delegations of Singapore and Norway for having coordinated the informal consultations on draft resolution A/76/L.20, on oceans and the law of the sea, and draft resolution A/76/L.18, on sustainable fisheries, respectively.
The conditions imposed by the coronavirus disease (COVID-19) pandemic once again impacted upon our consultations this year, which were conducted in a hybrid format and without addressing substantive elements, which are essential both to the topic of the oceans and that of sustainable fishing. Both draft resolutions require texts that make greater reference to the current situation of the planet with respect to the conservation of the oceans and the sustainable use of marine resources and also require streamlined texts.
Costa Rica would like to refer in particular to draft resolution A/76/L.20, on oceans and the law of the sea, which we co-sponsored because it reaffirms the importance of having a universal legal framework such as the United Nations Convention on the Law of the Sea in order to regulate activities in the oceans. However, this year yet again we limited ourselves to mere technical updates, which is regrettable at a time when the sixth assessment report of the Intergovernmental Panel on Climate Change (IPCC) calls on us to take action. The IPCC draws our attention to how human- induced climate change is affecting the Earth’s climate system, including the oceans, and how ocean warming will continue to affect the ocean’s ecosystems and the people who depend on them until at least the end of the century. We cannot ignore what the science clearly demonstrates.
It is precisely because we must take action for the oceans that Costa Rica, together with the United Kingdom and France, through the High Ambition Coalition for Nature and People, this year secured the commitment of 50 countries to protect at least 30 per cent of the world’s land and 30 per cent of the world’s oceans by 2030 in pursuit of a global agreement to halt the loss of species and protect ecosystems, which is vital to human health and economic security.
But how is that urgently needed protection going to be advanced without taking fundamental decisions and without adapting to the times and working conditions in order to do so? If we want to protect the oceans and prevent irreversible damage, we in the General Assembly must send strong messages, assume
leadership and join those who are taking action. We must not stop simply because our working methods are no longer the same as they were previously. In that connection, Costa Rica, together with Chile and the Dominican Republic, submitted a proposal to update the text of operative paragraph 66 of draft resolution A/76/L.20, which refers to the work of the International Seabed Authority on formulating draft regulations for the exploitation of mineral resources in the Area.
We believe that the General Assembly should speak out about the difficulties faced by the Authority in carrying out its work owing to the impact of the COVID-19 pandemic, because we are concerned about the possible repercussions on the desired outcome. However, we did not express that concern in the interest of maintaining consensus. Our proposal stated that we should ensure appropriate follow-up and updates for a topic as important as regulating mineral exploitation.
The President of Costa Rica, in his statement to the General Assembly (see A/76/PV.4), underscored the need for the International Seabed Authority to fulfil its mandate as established in article 145 of the United Nations Convention on the Law of the Sea in order to ensure the effective protection of the marine environment. For our country, that will be achieved only by developing and adopting standards, regulations and procedures that contain sufficient environmental safeguards. It is essential that in the work carried out by the Authority, sufficient scientific information be available to allow those environmental safeguards to be
established before authorizing and proceeding with any kind of mineral exploitation on the seabed.
Nevertheless, the fact that the Authority has been required to discharge its mandate under exceptional provisions that impose a two-year deadline when there are still restrictions on holding in-person meetings at its headquarters is something that should generate concern among members of the General Assembly, as it could jeopardize the much-needed formulation of vital regulations at a time when the health of the oceans demands our full consideration. The regulatory work carried out by the Authority must provide delegations with sufficient time and opportunity to thoroughly examine and discuss the draft regulations, and such discussions should be conducted openly and transparently.
Costa Rica henceforth expresses its commitment to working constructively and in conjunction with Member States in order to review and improve the draft resolution on oceans and the law of the sea in the years to come and ensure that the topic of the oceans, which warrants the utmost attention and effort of the General Assembly, reflects what is happening on our planet.
We have heard the last speaker in the debate on agenda item 78 and its sub-items (a) and (b) for this meeting. We shall continue the debate this afternoon at 3 p.m. in the Hall.
The meeting rose at 1.05 p.m.