(Commonwealth)_ The Commonwealth is at the forefront of urging the ratification and coming into force of the Agreement on the Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction (BBNJ Agreement), a historic international agreement adopted under the United Nations Convention on the Law of the Sea in 2023. The agreement, now firmly in the global spotlight with world leaders gathering in Nice, France, for the UN Ocean Conference, marks an important step toward preserving marine biodiversity in areas of the ocean beyond national jurisdiction.
The BBNJ Agreement, or the “High Seas Treaty,” is meant to endow the old issues of how the ocean’s resources are to be saved and used sustainably in international waters with a solution. International waters, spanning nearly two-thirds of the global ocean, never shared a unifying legal and institutional framework for conservation and sustainable use. The treaty includes important rules like creating marine protected areas, assessing the environmental impact of activities in the high seas, sharing benefits from marine genetic resources, and providing more help to build skills, especially for developing countries.
The Commonwealth Secretariat has intensified its support to member states by building on the momentum of the 2024 Apia Commonwealth Ocean Declaration, in which the Commonwealth Heads of Government issued an appeal for universal ratification of the BBNJ Agreement. The support comes directly to Small Island Developing States (SIDS) and coastal countries that are critically dependent on the ocean for their economy, livelihood, and health of the environment.
The BBNJ Secretariat Program has played a vital role in offering specialized legal, technical, and institutional support. One such important function of this programme is to undertake national legal gap analyses in a manner that will allow states to realize where their national laws must be brought in line with the needs of the provisions of the BBNJ Agreement. In addition to that, the program has also organized thematic webinars, national workshops, and capacity-building exercises to expose government officials and stakeholders to the required knowledge and tools for efficient ratification and implementation of treaties.
This role is further complemented by the UK government itself, which has funded support for aid to assist in the acceleration of the ratification process in the Commonwealth. The programmatic approach is set to respond to the specific circumstances of each member country, offering realistic and adaptable support that is sensitive to national priorities, capacity for institution building, and prevailing legal cultures. Thus far, barely over 32 states have signed the BBNJ Agreement, and almost a third of them are members of the Commonwealth. The Commonwealth’s role is felt to be critical to securing the 60 ratifications needed for the treaty’s entry into force. By helping its members navigate the legal and procedural issues, the Secretariat is helping states not just to be ready to sign the agreement but also to effectively implement it in the long term.
The BBNJ process is aligned with the Apia Commonwealth Ocean Declaration’s overall goals, i.e., adopting a vision to protect at least 30% of the world’s ocean by 2030. It also provides for equitable and fair benefit sharing that arises from the exploration and use of sea resources and forms a part of more sustainable, more inclusive, and more resilient ocean economies. The Commonwealth is persistently demonstrating its leadership in ocean management. By initiating cooperation, institution readiness, and provision of targeted technical assistance, the Commonwealth is enabling the BBNJ Agreement to be an effective instrument for change, one that can assist in safeguarding the high seas for future generations.
