Preparatory Commission for Marine Biodiversity Treaty Revisits Issues regarding Subsidiary Our bodies, Financing

As the fee tasked with making ready for the entry into drive of a high-seas biodiversity treaty continued its second session right this moment, delegates from small island growing States issued a powerful name that their nations be equitably represented, together with by a devoted seat within the treaty’s Scientific and Technical Body.

The gathering — the second of three periods of the physique formally generally known as the “Preparatory Commission for the Entry into Force of the Agreement 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 and the Convening of the First Meeting of the Conference of the Parties to the Agreement” — is going down at UN Headquarters from 18 to 29 August.  (Coverage to this point is accessible right here.)

Delegates Consider Draft Model for Scientific and Technical Body

Article 49 of the Agreement establishes a Scientific and Technical Body to assist implementation.  Today, delegates thought-about a draft mannequin of the phrases of reference and modalities for that Body’s operation — ready by the Commission’s Co-Chairs — as half of a bigger consideration of the phrases of reference, modalities and guidelines of process for the treaty’s subsidiary our bodies.

This morning, “I turned to the dictionary”, stated Palau’s delegate, who spoke for the Alliance of Small Island States, to verify the distinction between “equity” and “equality”.  The Alliance’s understanding of equitable geographic illustration on the Scientific and Technical Body features a devoted seat for small island growing States.  As that Body will make vital choices concerning ocean governance that may affect small island growing States, it’s “really unacceptable” for these States to not have direct illustration on it, she burdened.

“The UN regional grouping system has not always adequately served to ensure [small island developing States’] representation in crucial matters,” she added.  The specific references to the particular circumstances of these States — notably within the Agreement’s provisions enumerating the rules that ought to information Parties thereto — “create not merely aspirational language, but a legal foundation”, she stated.  This authorized obligation displays a sensible necessity for experience and “cannot be adequately represented by proxy”, she burdened, including {that a} “grand vacation” in Palau or Antigua and Barbuda doesn’t make one an professional on small island growing States.

Trinidad and Tobago’s consultant, talking for the Caribbean Community (CARICOM), added that the part on the capability of members “should include a reference to the use of relevant traditional knowledge of Indigenous Peoples and local communities, along with best available science and scientific information”.  He expressed a choice for a 27-member physique, with 5 members from every of the UN regional teams, 1 specifically reserved seat for a consultant from small island growing States and 1 specifically reserved seat for a consultant from Indigenous Peoples and native communities with traditional-knowledge experience.

The consultant of the Seychelles, talking for the African Group, burdened that members ought to serve of their private capability and act impartially.  She, too, highlighted the necessity for regional stability and equitable regional illustration.  The specialists have to be chosen on the premise of “demonstrated competence and relevant qualifications”, she stated, and the choice course of ought to embrace devoted seats to make sure illustration of least developed nations.  She additionally expressed her group’s choice for an in depth, non-exhaustive checklist of eligibility standards, with a view to including further competencies as essential to adapt to the evolving wants of the Agreement.

The consultant of the Federated States of Micronesia, talking for Pacific small island growing States, echoed the necessity for flexibility, including:  “The one thing that we want to avoid is a definitive list that hurts us later.”  On further members, he voiced assist for having one from small island growing States and one from least developed nations — “and limiting it to that”, as a result of “when a lot of big countries have an interest, then we tend to lose out”.  Similarly, he expressed assist for nominating members from Indigenous Peoples and native communities.

Delegates additionally mentioned the scope and features of the Body as recognized within the Co-Chairs’ draft mannequin, diverging over how a lot of the Agreement must be reproduced within the Body’s phrases of reference.  Palau’s delegate, talking for the Alliance of Small Island States, stated that the part on features ought to retain its specific reference to article 7(m) of the Agreement, which acknowledges the particular circumstances of small island growing States and least developed nations.  This is particularly essential within the absence of a assured seat for small island growing States on the Body.  Further, she stated, the sentence concerning the Scientific and Technical Body utilizing the perfect out there science must also embrace a reference to related conventional information.

The consultant of Colombia, talking for the Core Latin American Group, emphasised that the Scientific and Technical Body’s distinctive and cross-cutting operate requires full reference to articles 5, 6 and seven of the Agreement.  While some delegations cited particular provisions in article 7, she burdened that the Body’s work have to be grounded in all the basic rules outlined within the Agreement.

The consultant of Iceland, noting that article 7 lists the rules and approaches that information all the implementation of the Agreement, expressed assist for together with this text in its entirety — with none “partitioning” —within the Body’s phrases of reference.  However, he famous, different delegations have requested the inclusion of different articles and “we are worried that we are going down the rabbit hole of reproducing the text of the Agreement in the terms of reference”. This just isn’t helpful or vital, he identified, particularly since there’s a part within the draft phrases of reference particularly outlining their relationship with the Agreement.

Delegates additionally thought-about the principles of process that may govern conferences of the Agreement’s subsidiary our bodies.  The consultant of the Seychelles, talking for the African Group, stated that the principles of process for the Conference of the Parties ought to apply mutatis mutandis to the Scientific and Technical Body — “with the caveat that, in case of divergences, the [Conference’s] rules of procedure shall prevail”.

The consultant of the European Union, talking in its capability as observer, agreed that the principles of process for the Conference of the Parties will apply mutatis mutandis.  Nevertheless, the consultant of Trinidad and Tobago, talking for CARICOM, stated that the Scientific and Technical Body would want its personal specific guidelines of process, at the same time as they incorporate related Conference guidelines and make any vital changes.

For her half, the Russian Federation’s consultant emphasised that — given the Scientific and Technical Body’s necessary operate — “there is an absolute need” to specify that each State Party to the Agreement is a member of this Body.  She additionally underlined the necessity to stipulate that each one its work be “done by consensus”.  Iran’s delegate additionally stated that the technical nature of the Scientific and Technical Body requires that its work be completed “by consensus”.

Commission Also Takes Up Draft regarding Financing

In the afternoon, the Preparatory Commission thought-about the operationalization of the Agreement’s provisions referring to financing — particularly, these governing the voluntary belief fund to facilitate vast participation within the conferences of our bodies established beneath the Agreement and the “special fund” that will probably be used to finance numerous treaty actions.  In doing so, delegates provided suggestions on a doc created by the Co-Chairs containing doable components of a course of to operationalize the particular fund.

Nigeria’s consultant, talking for the African Group, stated that efficient implementation of the Agreement relies upon largely on enough and sustainable funding; due to this fact, early operationalization of the particular fund is essential.  He highlighted the factor within the Co-Chairs’ doc regarding full recognition of the particular circumstances of small island growing States and least developed nations, expressing assist for the inclusion of language that additionally acknowledges the wants of growing State Parties.  This would come with geographically deprived States, similar to small island growing States, coastal African States, archipelagic States and middle-income growing nations.

Similarly, Palau’s delegate, talking for the Alliance of Small Island States, highlighted the necessity to embrace language guaranteeing equitable geographical illustration and participation for growing State Parties, in addition to representatives of Indigenous Peoples and native communities.  Another “missing principle”, he stated, is observer engagement within the operationalization course of, particularly for these entities which are from growing nations.  Welcoming the intersessional work prompt within the doc — together with the proposed technical working group — he added that “we would need to ensure that there is substantial and dedicated representation of smaller developing States’ technical experts” in that group.

The consultant of the European Union, in its capability as observer, voiced assist for full recognition of the particular circumstances of small island growing States, landlocked growing nations and least developed nations.  “At the same time, we recognize the centrality of the special fund for the implementation of the Agreement in all its dimensions,” he said. Focusing at this stage on simply one of many rules underlying the Agreement is prone to prejudge the fund’s function because the driving drive behind the complete and efficient implementation of all these dimensions.  While recognizing the necessity to progress rapidly, he acknowledged the necessity for a course of enabling interactions “among us and existing funds to explore practical and cost-effective options for hosting or administering the special fund”.

The consultant of Antigua and Barbuda, talking for CARICOM, known as for simplified processes for utility, approval and disbursement among the many guiding rules included within the doc. She additionally emphasised that the members of CARICOM, together with different growing nations, “regard the special fund as the main arm of the [Agreement’s] financial mechanism”.  Therefore, whereas pointing to the necessity for coherence with the Global Environment Facility belief fund — the opposite a part of the Agreement’s monetary mechanism that may fund numerous treaty actions — she burdened: “But, we consider this special fund to be the primary source for implementation — it should be treated accordingly.”

The Preparatory Commission will reconvene on Wednesday, 27 August, to contemplate a refreshed textual content, ready by the Co-Chairs, containing draft guidelines of process for the Conference of the Parties to the Agreement.