THE legally binding Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (commonly known as BBNJ Agreement or High Sea Treaty) was adopted in New York on 19 June 2023 under the auspices of the United Nations.
It became the third implementation agreement to the United Nations Convention on the Law of the Sea.
Its primary focus is to utilize the marine genetic resources (MGRs) for the benefit of mankind in a responsible/sustainable manner.
A State or regional economic integration organization may become party or signatory to the Agreement with effect from 20 September 2023 until 20 September 2025 – a period open for signatures.
In accordance with Article 68(1) of the Agreement, it shall enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession.
So far, 112 countries are Signatories and 21 are Parties that have ratified.
Whereas Pakistan is neither a Signatory nor a Party, it has contributed a lot during the development process of this international legal instrument.
Although, Government of Pakistan has shown keen interest towards ratification of this instrument through its inclusion in revised version of National Maritime Policy 2025 and verbal communication to BBNJ Secretariat and concerned stakeholders also have positive views about the treaty, the final decision is still awaited which is linked to the approval of a summary from the Federal Cabinet to become signatory and a resolution from National Assembly of Pakistan for ratification or accession.
It is hoped that Pakistan would become a party very soon and take benefit not only from United Nations BBNJ readiness support funding in the short to medium term but also socio-economic as well as other benefits including benefit-sharing from MGRs can be taken on a long-run basis.
Signing the High Seas Treaty positions Pakistan to establish Area-Based Management Tools (ABMTs), such as Marine Protected Areas (MPAs), thereby enhancing its role as a key stakeholder in conservation efforts within the Indian Ocean.
It is worth mentioning that stakeholders from all over Pakistan can benefit from this ocean’s governing instrument as it offers equal opportunity not only to coastal states but also to landlocked countries.
It is encouraging that the public sector institutions in Pakistan, including the Ministry of Climate Change (MoCC), Ministry of Maritime Affairs (MoMA), Ministry of Science and Technology and Ministry of Foreign Affairs (MOFA) have shown full ownership of this instrument.
During the readiness phase, active engagement and capacity building of all relevant stakeholders including the private sector and necessary legal reforms are needed, to accrue maximum benefits from various applications of MGRs including the commercial and non-commercial use of Digital Sequence Information (DSI) in agriculture, fisheries, pharmaceutical and cosmetic industries.
On one hand, Pakistan’s intent for the ratification of the BBNJ Agreement is a welcome step towards sustainable maritime resources management as it would bring Pakistan in line with the rest of the globe to complement in international effort for conservation and sustainable use of the oceanic biodiversity and further help in international engagement for cross-country collaboration opportunities for research and capacity building on MGRs.
On the other hand, there are also some concerns which are generally linked with the provision of funding, administrative requirements and maritime security affairs.
Compliance with undertakings such as Environmental Impact Assessments (EIAs) and enforcement through BBNJ COP would require additional adequate administrative requirements.
The BBNJ Agreement would not legally affect Pakistan’s control over its Exclusive Economic Zone (EEZ).
However, there is a potential threat of increased illegal, unreported and unregulated (IUU) fishing at high seas for migratory species, such as bluefin tuna.
It would require additional surveillance cost by security agencies.
Pakistan should adopt a multi-faceted approach for active engagement in BBNJ negotiations to ensure that its concerns are addressed and its interests are safeguarded which would be possible upon becoming party to this governing instrument.
To conclude, Pakistan should consider adoption of the BBNJ agreement and tap and take maximum benefit from available UN funding sources.
The readiness phase may be spearheaded by MoMA in collaboration with MoCC.
The Ministry of Science and Technology needs to promote research and development in marine biotechnology through a focused programme in existing national and provincial research institutions.
The role of the National Institute of Oceanography (NIO) needs to be strengthened while the National Institute of Maritime Affairs (NIMA) may be instrumental in developing national consensus, stakeholder engagement, and advocacy.”
—The writer is associated with the National Institute of Maritime Affairs; views expressed are her own.
