Overview and Information Pack

Transcription

1 Overview and Information Pack March 2013

2 Contents 1. Mission 2. Background 3. Why a Commission? 4. Global Ocean Commission: Why Now? 5. Global Ocean Commission Mandate and Framing 6. Politics of Change in the Global Ocean 7. Ocean Facts 8. Issues Papers and Collaborative Research 2

3 1. Mission Elevator pitch There is now overwhelming evidence that the over- exploitation of the high seas is an economic and environmental danger for current and future generations. Existing governance arrangements, and lack of them, are part of the problem not the solution costing billions in lost economic output and threatening millions of people through ecosystem destruction. The Global Ocean Commission is an independent task force of international leaders working to develop policy ideas, and an international coalition, that can help the world share the resources of the ocean in a fair and sustainable way. We report in 2014 the year of decision, the year of no return, for this vital issue. 2. Background The high seas the part of the ocean beyond the national jurisdiction of any State - make up around 45% of the Earth's surface; they provide us with resources such as food and minerals, are key to global trade and communications, and maintain ecosystem services including the provision of oxygen. Yet this huge proportion of the Earth's living space is increasingly under pressure from challenges and threats such as overfishing, habitat and biodiversity loss, climate change and ocean acidification. Important new issues include the equitable sharing of benefits from the extraction of deep- sea genetic resources, and the future of seabed mining. Concerns over security and human rights have also emerged in the context of illegal fishing. A central issue is that international governance has not kept pace with developments in extractive technologies or with advances in scientific knowledge of the deep sea and understanding of the global ocean's central role in the Earth system and the challenges to it. The Global Ocean Commission brings together global leaders to analyse the main challenges and threats to the high seas, develop recommendations for addressing them, and feed those recommendations into institutions and processes that can implement change. It is hoped that the work of the Commission will lead towards a cost- effective, economically beneficial and sustainable system for managing the world's high seas for the 21st Century. The Commission can catalyse improvements that are critical for a healthy and productive marine environment, for the benefit of the billions of people who depend on the global ocean for food, livelihoods and well- being. The Commission is committed to ensuring that it benefits from a broad range of expertise and global perspectives, from all relevant sectors of society including business, economics, science, security and conservation. The Commission recognises that there are existing processes that share some of its overall aims, including within the United Nations, and will work cooperatively with those that do share its aims; but it will make its assessments and recommendations independently. Its recommendations will balance the needs of high seas users with the imperatives of science and conservation. 3

4 3. Why a Commission? The decision to establish a Global Ocean Commission was made in view of the fact that policy related efforts to address ocean issues in the space beyond national jurisdiction through conventional mechanisms seemed to have stalled. An extensive review was undertaken of the impacts of a number of previous Commissions, including: the Stratton Commission (1966), US Commission on Ocean Policy (2004), Pew Oceans Commission (2000), World Commission on Dams (1997), World Commission on Protected Areas (2003), High Seas Task Force (2004), Independent World Commission on the Oceans (1998), Brundtland Commission (1993), Brandt Commission (1977), Ingvar Carlsson Commission on Global Governance (1992), and the Blair Commission for Africa (2004). The review showed that a Commission can: rapidly create high level awareness and commitment to reform of ocean governance; inspire a multi- stakeholder coalition of like- minded who are able to support and implement reform; and provide the necessary breadth of vision and integration of stakeholder interests in ways that conventional multilateral processes have to date been unable to. Other lessons learned from the review that have been taken into account in the establishment of the Global Ocean Commission include the need for: high level leadership and membership a clear mandate integration and cooperation with relevant national, regional and multilateral processes/activities clear, precise and targeted recommendations effective communication and marketing of the Commission and its results the Commission as a catalyst, an accelerator industry/business engagement alliance between technical experts and political leaders short- term duration to provide for concentration of action longer- term follow- up/implementation, and costed and economic arguments for recommendations alongside the science and equity rationale. Ocean space beyond national jurisdiction is owned by no individual State. In principle, it is managed by all States for the benefit of all; in practice, resource benefits from this part of the ocean are the province of those States or companies with sufficient financial and technical resources to access them. The global ocean needs high level leadership if its usage is to be made sustainable and its benefits shared equitably. 4

5 4. Global Ocean Commission: Why Now? High seas issues have featured prominently in international, regional and domestic ocean debates in recent years the problems of illegal, unreported and unregulated (IUU) fishing, the question of how to conserve and manage unique marine biodiversity beyond national jurisdiction (BBNJ), and the continuing and costly scourge of piracy. Deep sea mining is coming closer to reality as onshore resources are consumed and technology develops. The ongoing depletion of wild fisheries continues to threaten food security and social and economic stability in many countries. The current governance system has proved unsuitable for addressing these issues or elevating the problems sufficiently to achieve change. Other factors indicating the timeliness of the Commission include the 30th anniversary of the United Nations Convention on the Law of the Sea in 2012 (UNCLOS), the recent UN Conference on Sustainable Development (Rio+20) in Brazil and the establishment of a UN working group to study issues related to the conservation and sustainable use of BBNJ. Together, they suggest that the time is right for a Commission of high- level individuals to take stock of the current problems, issues and activity, and articulate options for the future sustainable management of the global ocean for the benefit of all. The continuing problem of high seas fisheries Global fisheries continue to be overexploited and poorly managed. There are very few instances where the declining trends have been reversed, and in general they continue to be subject to an ineffective management regime with minimal compliance and enforcement. IUU fishing remains a major impediment to effective and sustainable management. While there is a considerable body of research and work into the problems and possible solutions, the current system has proved unsuitable to address the issues or elevate the problems sufficiently to achieve change. Equity in the deep ocean One of the difficulties in achieving change in the multilateral system is the North/South divide. This has been very evident in climate change negotiations, but there is also a divide in terms of equitable access to and sharing of benefits from the resources of the ocean beyond national jurisdiction. The non- living wealth (i.e. minerals etc.) is considered common heritage and subject to benefit sharing, while the living resource wealth (fisheries and biodiversity) is not. 5

6 A global mandate At the closing session of the Rio+20 conference in June 2012, chair of the conference, Brazilian President Dilma Rousseff, said: we shall negotiate an Ocean biodiversity agreement. The outcome document of the conference, The future we want, reflected the following consensus on the development of a new international agreement: We recognize the importance of the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction. We note the ongoing work under the UN General Assembly of an Ad Hoc Open- ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. Building on the work of the ad hoc working group and before the end of the 69 th Session of the United Nations General Assembly [2014] we commit to address, on an urgent basis, the issue of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction including by taking a decision on the development of an international instrument under UNCLOS. The UN Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects, established under the General Assembly, is also expected to submit to the UNGA in 2015 its first global integrated assessment of the state of the marine environment. 1 The issue of marine protected areas (MPAs) in the high seas has gained significant traction in recent years, with a programme of work and targets under the Convention on Biological Diversity (CBD). Many intergovernmental and non- governmental organisations are focusing their efforts on MPAs beyond national jurisdiction. The goal of the Commission is also consistent with UN Secretary- General Ban Ki- moon s Five Year Agenda (2012) goal of forging consensus on a post sustainable development framework and implementing it [ ] by agreeing to a compact on oceans that will address overfishing and pollution by improving the governance of oceans and coastal habitats and by developing an institutional and legal framework for the protection of ocean biodiversity. 1 The Secretary- General s Ocean Compact, Healthy Oceans for Prosperity, launched in August 2012 signals his interest in making the UN a more effective ocean steward. 1 Noting the Rio+20 agreement, the work of the UN more generally on high sea issues, the commitment of its Secretary- General and the expected timing for the launch of the Commission s report in March 2014, the Global Ocean Commission recommendations will be a perfect curtain raiser for the ocean debate to take place at the UNGA in The 2014 UN debate will not become the end game, but only the end of the first half for the Commission. The Global Ocean Commission will also engage with the private sector, whose approach to ocean sustainability and conservation has moved in recent years from reactive to proactive. Examples include the World Economic Forum s Global Agenda Council on Oceans, a multi- stakeholder approach that seeks as a priority to improve transparency and tracking of seafood supply chains 1, and the World Bank s Global Partnership for Oceans, set to promote by 2022 sustainable seafood and livelihoods from capture fisheries and aquaculture, protection of critical coastal and ocean 1 agenda- council- oceans calendar 6

7 habitats and biodiversity, and marine pollution reduction. 2 Conclusion The political agenda for the next two years, in and outside the United Nations and including private sector and NGO engagement, interest and momentum, suggests that the creation of the Global Ocean Commission is very timely. It can have a positive impact on what to date has been a largely sectoral or issues- specific debate that has not commanded the attention of sufficient high- level decision makers around the globe to achieve effective change and ensure equity and sustainability in the ocean into the 21 st Century

8 5. Global Ocean Commission Mandate and Framing Mandate The overall objective of the Commission is to formulate politically and technically feasible short-, medium- and long- term recommendations to address four key challenges and threats facing the high seas: Overfishing Large scale habitat and biodiversity loss The lack of compliance with, and enforcement of, international rules on high seas fishing Governance. To achieve this, the Commission will: 1. Examine key threats, challenges, and changes to the ocean in the 21st Century and identify priorities for action 2. Review the effectiveness of the existing legal framework for the high seas in meeting the unique challenges and threats of the 21st Century and beyond 3. Raise global awareness of the problems affecting the high seas and the on- going consequences if these problems are not addressed 4. Make recommendations regarding a cost- effective and pragmatic system of high seas governance, management, monitoring, and enforcement. Wider Context In order adequately to address the mandate of the Commission, we must also consider how the four key challenges above sit in the wider context: Overfishing on a global scale is a food security issue Habitat and biodiversity loss have implications for ocean health and planetary resilience Lack of compliance and enforcement raise issues around global security, human rights and equity. Framing the discussion When considering the mandate of the Commission and the wider context we have a complicated network of challenges. In order to simplify this for top- level communication, we could frame the work of the Commission under three key headings: Economics, Environment and Governance. The pyramid on Page 9 shows the mandate, wider context and top- level framing. Furthermore, as the Commission develops, the measures needed to address and solve the Commission mandate can be added at a lower level. 8

9 TOP LEVEL FRAMING Economics, Environment, Governance WIDER CONTEXT Food Security, Global Security, Human Rights, Equity, Planetary Resilience, Ocean Health COMMISSION MANDATE Overfishing, Habitat and Biodiversity Protecoon, Monitoring and Compliance When considering the top- level framing of Economics, Environment and Governance, we can then show how the Commission mandate and wider context fit under these headings. Economics The lack of effective governance and management can lead to economic and opportunity loss such as: Fisheries: short term revenue loss through IUU fishing and RFMO failures Longer term costs only partly quantified through species and ecosystem collapse Impacts through compromised food security and employment Costs to the shipping fleet from piracy Equity in uses of the global ocean the last commons including emerging uses Unknown economic risks resulting from compromising basic ecosystem services Environment Science has already shown us that the ocean plays a crucial role in our planetary system: The ocean is fundamental to Earth system functioning and health The ocean produces half of our oxygen and absorbs a quarter of our C02 emissions Absorption of C02 in seawater means the ocean is undergoing acidification, in addition to warming There are instances of ecosystem decline and collapse, with associated food (and therefore security, equity and justice) issues Species are shifting in response to climate change Scientific advances have improved the potential from bio- prospecting 9

10 Science around the importance of seep- sea ecosystems (eg around hydrothermal vents) is rapidly emerging Technology is making exploitation of methane hydrates a near- term reality Climate change brings geoengineering closer, with attendant risks Governance It is startling to think that given the importance of the global ocean as a major resource of food and minerals and the fact that it is part of the fundamental Earth system, we do not have an effective and efficient governance system for some uses of the ocean: Global action would be required to evolve UNCLOS in order to reflect and recognise today s technology, scientific knowledge, demand for resources and economic realities Options for developing an effective and integrated high seas management regime do exist The current lack of effective governance of the global commons results in economic loss: reform would bring economic gains An effective governance framework could also protect biodiversity, improve global resilience and enhance global security and compliance with international law. 10

11 6. The Politics of Change in the Global Ocean When considering the work of the Commission we also need to understand the global politics of change. Where can we look for support, where can we look for opposition? Some key issues: A. Fishing: overfishing, destructive fishing practices, IUU, lack of compliance and enforcement, human rights, security, subsidies Likely support: o States whose domestic fishing interests are impacted by poor regulation and IUU/conservationists/scientists/progressive fisheries managers Likely opposition/arguments: o Some Distant Water Fishing nations (DWFNs)/fishing companies /argument that regulation curtails the fundamental freedom to fish on the high seas under UNCLOS/ cost of increased regulation such as mandatory vessel monitoring on fishing vessels B. Bio- prospecting: access, equity and benefit sharing; governance regime to cover same Likely support: o States who interpret the common heritage of mankind as including the living resources/those states without the capacity to access deep ocean biodiversity or develop and commercialise genetic resources (i.e. share the perceived benefits) Likely opposition/arguments: o UNCLOS traditionalists who do not recognise living resources as common heritage/states and companies who view regulation as an impediment to investment, development and commercialisation o Those who perceive bioprospecting as part of marine scientific research and who favour unrestricted freedom of marine scientific research in the high seas C. Energy and deep seabed mining: access, equity and benefit sharing/ environmental impacts o All of the seabed beyond the legal continental shelf falls within the Area, under the jurisdiction of the International Seabed Authority. While there is no current resource extraction from the deep ocean, there is considerable potential for future use as technology advances from minerals to oil, gas and methane hydrates D. Establishment of ocean reserves/marine protected areas/mitigation of habitat loss/addressing destructive fishing practices such as bottom trawling Likely support: o NGOs, scientists and states endeavoring to leverage change for better and stronger management regimes and conservation measures o Supporters and architects of the biodiversity beyond national jurisdiction text from Rio+20 Likely opposition/arguments: o Some distant water fishing nations (DWFNs) who are resistant to any change to current fishing practices o Why should attention be paid to the high seas instead of inshore waters where most human activities occur? o UNCLOS traditionalists who view any change with apprehension and foresee 11

12 o o erosion of freedom of navigation (defence and trade interests) and the freedom to fish Opponents of MPAs Some regional fisheries management organisations (RFMOs) and member states E. Evolving UNCLOS, reforming current structures o o Recent international negotiations and those over recent years confirm the variety of opinions and positions that exist among governments regarding the desirability of reforming ocean governance and evolving associated management regimes. A small group of countries (five or six key players, including a number of major maritime powers) do not support any change to regulatory measures on the high seas. Conclusion The obstacles to evolving governance and affecting change in the management and use of the global ocean are essentially economic and strategic. The support of key players such as the United States, Russia, Japan, China, and the European Union will be key, as will support and pressure on States from the scientific community, NGOs and commercial interests. While often slow, the international community has shown itself willing to adopt measures directed towards environmental stewardship and sustainable development the Global Ocean Commission provides an opportunity to accelerate the pace and provide momentum for change. 12

13 7. Ocean Facts The high seas that part of the ocean beyond national jurisdiction - cover almost half of the Earth's surface. It is the least protected part of the world. Average depth: 12,200 feet (3,720 m). Deepest point: 36,198 feet (11,033 m) in the Mariana Trench in the western Pacific. Mountains: The ocean ridges form a great mountain range, almost 40,000 miles (64,000 km) long, that weaves its way through all the major oceans. It is the largest single feature on Earth. o Mount Everest (the highest point on the Earth's surface at 5.49 miles above sea level) is more than one mile shorter than the Challenger Deep (the deepest point in the ocean at 6.86 miles) o Only some 5-10% of this living space has been explored by humans Water pressure at the deepest point in the ocean is more than 8 tonnes per square inch, the equivalent of one person trying to hold 50 jumbo jets. Unique forms of life, using chemical energy rather than light energy, reside in deep- sea hydrothermal vents along mid- ocean ridges More than 90% of trade between countries is carried by ships Fisheries - Economics Marine fisheries production has increased from 16.8 million tonnes in 1950 to a peak of 86.4 million tonnes in Global recorded production was 77.4 million tonnes in The proportion of stocks that are overexploited has increased from 10% in 1974 to 26% in 1989, and continues to increase. Fully exploited stocks were some 57.4% in The total number of fishing vessels in the world was estimated to be about 4.36 million vessels in About one quarter operate in fresh water, the remainder in the ocean. In 2006, approximately 285 vessels from 27 flag states were involved in high seas bottom fisheries. IUU fishing is causes economic loss estimated between $10bn to $23.5bn. A recent study calculated that global fishing subsidies amount to about $27bn. We generate 6.4 million tonnes of marine litter per year. Biodiversity Estimates of deep ocean biodiversity range from 500,000 to 10 million. The estimated number of seamounts ranges from 30,000 to 100,000 but very few have been explored in any detail. Some cold- water corals are 5,000-8,500 years old or more. Deep- sea species tend to be slow growing, late maturing and low in reproductive capacity. Many deep- water fish species live 30 years or more. Some, such as orange roughy, can live up to 150 years ocean_facts.htm fishing.info/ 13

14 8. Issues Papers and Collaborative Research The following issues papers are underway (at various stages) to support the work of the Global Ocean Commission. Summary documents will be presented to Commissioners at the first Commission meeting in Cape Town. Some may subsequently be developed into research reports to be published by the Commission. All will form background material for the final report of the Commission. 8.1 State of the Ocean overview 8.2 Global Ocean Governance 8.3 The Regulation of High Seas Fishing 8.4 Security, Compliance, Enforcement and Human Rights 8.5 Regional initiatives to Manage Marine Biodiversity in Areas Beyond National Jurisdiction 8.6 New Uses of the Global Ocean 8.7 The Economics of Ecosystems and Biodiversity (TEEB) Report on the Oceans 8.8 Alternative Models for Governance In addition to the above, a workshop on marine reserves for the high seas will be held in April 2013 and a report from that workshop provided to the second Commission meeting in Brazil in June Additional papers are being considered to inform Commissioners including, for example, one on the linkages between global food security and the high seas. 8.1 The State of the Global Ocean the scientific picture This will be an introductory overview identifying the key areas of focus for the Commission and framing a number of the scientific issues and trends the Commission will need to consider in the course of its inquiry, including food security/production, ocean health, energy, biodiversity and planetary resilience. The paper will summarise the latest scientific information from research projects and available scientific data, including information from the International Programme on the State of the Ocean (IPSO) project, and will encompass a review of environmental trends and stresses facing the ocean, e.g. climate change, ocean acidification and biodiversity loss. The paper will set the scene and can also signpost many of the matters to be considered in greater detail in the other issues papers. 8.2 Global Ocean Governance This will be an overview of the governance framework for the global ocean. It looks at the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the associated rights and responsibilities, including freedom of the seas and the concept of common heritage. 14

15 It examines flag State responsibilities, sectoral management and the relationship of governance in the high seas to other intergovernmental organisations and processes with mandates in this particular ocean space. 8.3 The Regulation of High Seas Fishing In 2010, the Food and Agriculture Organization of the United Nations (FAO) reported that 85% of the world s fisheries are fully exploited, overexploited, depleted or recovering from depletion the highest such estimate ever. This paper examines the regulatory regime for high seas fishing including problems and issues to do with compliance and enforcement, illegal, unreported and unregulated (IUU) fishing, and regional fisheries management structures. 8.4 Security, compliance, enforcement and human rights in the High Seas According to the UN Office on Drugs and Crime, fishing vessels are used for the purpose of smuggling of migrants, illicit traffic in drugs, illicit traffic in weapons and acts of terrorism. It also notes that on some vessels, workers are held as de facto prisoners of the sea, with child trafficking frequent. So although there is clearly a pressing need for effective compliance and enforcement with respect to fisheries activities on the high seas, this paper will also look more broadly at security and human rights in general. It will address matters from fisheries to environmental crime, including the links between piracy and illegal fishing, and the economic costs borne by shipping as a result of piracy. 8.5 Regional Initiatives to Manage Marine Biodiversity in Areas Beyond National Jurisdiction This paper will include a description and critical analysis of initiatives taking place at the regional level relevant to the management of marine biodiversity. The rationale for the study is that, while discussions at international level are ongoing, regional initiatives are relatively well developed at the operational level in a number of places around the world. Positive (and negative) experiences at regional level are thus likely to inform discussions at the international level. In any case, any future multilateral agreement on marine biodiversity in ABNJ is likely to call for a response at the regional level. This paper will build upon a study undertaken by the Institute for Sustainable Development and International Relations, which analyses the experience of five different regional frameworks. 8.6 New Uses of the Global Ocean New and future uses of the global ocean fall into three main categories: mineral exploration and exploitation technologies relating to energy and climate change bio- prospecting. This paper will provide and overview of new uses and the associated environmental, equity and economic considerations. 15

16 8.7 The Economics of Ecosystems and Biodiversity (TEEB) Report on the Oceans TEEB (The Economics of Ecosystems and Biodiversity) originated at the meeting of G8+5 Environment Ministers in Potsdam, Germany in March 2007, where the German government proposed a global study on The economic significance of the global loss of biological diversity as part of the Potsdam Initiative for biodiversity. It has since been taken under the umbrella of UNEP. The Global Ocean Commission Secretariat is currently working with TEEB to scope and prepare a report on the oceans as one of the issues papers to inform the work of the Commission. 8.8 Alternative Models for Governance The final issues paper is intended to outline options for alternative governance models. additional background, see also Issue Paper 2 on Global Ocean Governance. For This will be a key paper for the Commission, given that it will provide a suite of options from which Commissioners can decide what will, in effect, be their big ticket recommendation (assuming of course the Commission decides to pursue governance as a key outcome of its deliberations). This paper will need to be informed by the other issues papers and prosecute a case for a governance option which is practical, achievable and cost effective. Importantly, it will also need to demonstrate how an improved or new governance regime will benefit the international community. 16