Sri Lankan Cabinet Approved for Signing the BBNJ Agreement

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Aruna Sampath M.

On December 23, 2024, the Sri Lankan Cabinet approved the proposal presented by the Minister of Foreign Affairs, Foreign Employment, and Tourism to execute the Agreement on Biodiversity in Areas Beyond National Jurisdiction (BBNJ). This decision underscores Sri Lanka's dedication to international collaboration in maritime conservation and the sustainable utilization of biodiversity in regions beyond its national authority. The approval highlights the significance of conforming to global initiatives aimed at safeguarding ocean ecosystems and improving collaboration among diverse stakeholders for the sustainable management of marine resources.

What is BBNJ

The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, commonly known as the High Seas Treaty, is a significant international framework established under the United Nations Convention on the Law of the Sea (UNCLOS). It pertains to the conservation and sustainable utilization of marine biological diversity in areas beyond national jurisdiction (ABNJ), encompassing the high seas and the seabed beyond Exclusive Economic Zones (EEZs). Encompassing nearly two-thirds of the world's oceans, the agreement constitutes a vital advancement in global initiatives to safeguard marine ecosystems, mitigate biodiversity loss, and promote the sustainable exploitation of marine resources.

Major Ideas of the BBNJ Agreement

The BBNJ Agreement highlights essential aspects for the sustainable management and protection of marine biodiversity in areas beyond national jurisdiction (ABNJ). A primary emphasis is on Marine Genetic Resources (MGRs), wherein the agreement advocates for the equitable distribution of both monetary and non-monetary advantages obtained from these resources, hence encouraging scientific study and innovation with an emphasis on sustainable development. The construction of Area-Based Management Tools (ABMTs), such as Marine Protected Areas (MPAs), is emphasized to preserve marine biodiversity. These technologies are underpinned by criteria to establish biologically representative and well-connected networks of protected areas.

The agreement requires Environmental Impact Assessments (EIAs) for activities in ABNJ that could substantially impact the marine ecosystem. Clear standards and processes guarantee effective risk mitigation. The pact emphasizes Capacity Building and Technology Transfer, offering methods for supporting developing nations through finance, training, and access to marine technology, so facilitating their compliance with treaty responsibilities (Clearing-House Mechanism.)
Comprehensive Institutional Frameworks are delineated, encompassing the formation of a Conference of the Parties (COP) for governance and decision-making, as well as subsidiary entities to monitor implementation and compliance. The agreement incorporates provisions for Financial Mechanisms aimed at mobilizing resources to assist conservation activities, capacity building, and equitable benefit sharing, especially for developing countries. These factors collectively guarantee the agreement's effectiveness in tackling marine biodiversity issues in ABNJ.

Sri Lankan Contribution

Sri Lanka has engaged in negotiations regarding the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement under the United Nations Convention on the Law of the Sea (UNCLOS). As an island nation with significant maritime interests, Sri Lanka highlighted equitable resource management, capacity building, and environmental conservation during the discussions

Major Contributions

  1. Complementing UNCLOS
    Sri Lanka steadily argued that the International Legally Binding Instrument (ILBI) must complement UNCLOS and other related instruments, guaranteeing coherence in global ocean governance (IISD, 2016).
  2. Marine Genetic Resources (MGRs)
    Sri Lanka supported the inclusion of "potential" value in the definition of MGRs and called for careful consideration of intellectual property rights (IPRs), emphasizing the need to address disparities in scientific and technological capacities (IISD, 2016; IISD, 2017).
    • Sri Lanka highlighted that existing frameworks inadequately address fishing activities' impacts on MGRs and advocated greater compliance with UNCLOS for equitable benefit-sharing mechanisms (IISD, 2012).
  3. Clearinghouse Mechanism
    Sri Lanka supported the establishment of a central data-sharing repository for MGRs to promote transparency and facilitate global scientific collaboration (IISD, 2016).
  4. Area-Based Management Tools (ABMTs) and Marine Protected Areas (MPAs)
    Advocating a horizontal approach to ABMT management, Sri Lanka emphasized the importance of establishing a permanent scientific body and a Conference of Parties (COP) to oversee ABNJ conservation efforts. This structure would enhance data compilation and ensure the smooth implementation of MPAs (IISD, 2016; IISD, 2017).
  5. Capacity Building and Technology Transfer (CB&TT)
    Sri Lanka repeatedly called for workshops to clarify existing regimes, identify gaps, and enhance international cooperation for capacity building and technology transfer. The country also supported establishing a CB&TT Committee early in the process to ensure implementation success (IISD, 2017; IISD, 2023).
  6. Funding Mechanisms
    Sri Lanka, along with other developing nations, proposed a multilateral fund to facilitate capacity building and support regional centers. It also recommended channeling benefit-sharing revenues from MGRs into sustainable development initiatives (IISD, 2017).
  7. Alignment with SDGs
    Sri Lanka linked BBNJ conservation with achieving Sustainable Development Goal (SDG) 14, emphasizing the treaty's role in addressing marine biodiversity and climate change impacts (IISD, 2017).
  8. Governance and Compliance
    Sri Lanka advocated a holistic and inclusive legal framework that would benefit both developing and developed nations. It supported robust compliance mechanisms for ABMTs and MPAs to ensure effective governance and sustainable use of resources (IISD, 2017).

Sri Lanka's Leadership in BBNJ Discussions

Sri Lanka's contributions were evident in its leadership responsibilities, exemplified by Co-Chair Dr. Palitha Kohona's emphasis on the necessity of a comprehensive legal framework that addresses the requirements of developing nations alongside scientific progress. Dr. Kohona emphasized the necessity of clarity concerning the competencies of international organizations, specifically the International Seabed Authority (ISA) and the Convention on Biological Diversity (CBD) (IISD, 2015).

 

References

 International Institute for Sustainable Development (IISD). (2016). BBNJ PrepCom 1 Highlights. Retrieved from Monday, 11 April 2016   -   Vol. 25 No. 106, Monday, 12 September 2016  - Vol. 25 No. 118

International Institute for Sustainable Development (IISD). (2017). BBNJ PrepCom 3 Highlights. Retrieved from Vol. 25 No. 129 Online at: http://enb.iisd.org/oceans/bbnj/prepcom3/ Monday, 10 April 2017 , Vol. 25 No. 141 Online at: http://enb.iisd.org/oceans/bbnj/prepcom4/ Monday, 24 July 2017

 International Institute for Sustainable Development (IISD). (2012). BBNJ PrepCom 5 Highlights. Retrieved from , Vol. 25 No. 83 , Monday, 14 May 2012

International Institute for Sustainable Development (IISD). (2023). BBNJ Agreement Summary. Retrieved from Vol. 25 No. 252 Online at: https://bit.ly/BBNJ_IGC_5-3 Friday, 23 June 2023

International Institute for Sustainable Development (IISD). (2015). BBNJ Working Group Highlights. Retrieved from Monday, 26 January 2015  - Vol. 25 No. 94

Agreement on Marine Biodiversity of Areas beyond National Jurisdiction / BBNJ Agreement , https://www.un.org/bbnjagreement/en

Media release, Sri Lanka Welcomes Historic UN Agreement to Protect High Seas - Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), https://www.stockholm.embassy.gov.lk/wp-content/uploads/2023/03/Media-Release-en-1.pdf.

Sri Lanka Welcomes Historic UN Agreement to Protect High Seas - Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), https://mfa.gov.lk/sl-welcomes-historic-un-agreement-bbnj/

Press briefing of Cabinet Decision taken on 2024-12-23 (Subject to Confirmation at the next Meeting), https://www.cabinetoffice.gov.lk/cab/index.php?option=com_content&view=article&id=16&Itemid=49&lang=en&dID=12946

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