Media Release
Governments concluded three weeks of negotiations at the International Seabed Authority (ISA) with the only substantive decision being to expand the rights of mining contractors, highlighting the Authority’s misaligned priorities when the future of the deep sea is at stake. The Meeting also concluded without delivering the moratorium needed to address the risks posed by deep-sea mining, despite increasing recognition that the science and governance structures required for informed and responsible decision-making regarding this destructive industry remain absent or impossible to develop.
The failure to act comes as momentum for a pause on deep-sea mining continues to grow. Among the most significant outcomes of the session, Mauritius, Mozambique and the Republic of Congo became the 44th, 45th, and 46th countries to support a moratorium or precautionary pause on deep-sea mining, joining a growing coalition calling for the prospective industry to be halted until it can be shown to comply with international law, sound science, and the principle of the common heritage of humankind.
‘The lesson from the past three weeks is clear: only a pause on exploitation, now backed by over a quarter of ISA member states, can deliver the legal certainty this moment demands and rein in a situation being driven out of control by a handful of reckless companies“, said Sofia Tsenikli, DSCC Global Campaign Director. “Some governments showed real leadership in defending our common heritage. But taken as a whole, failed to take the action needed to protect people and the ocean.“
“With Mauritius, Mozambique and the Republic of Congo joining Malawi, Kenya, and Madagascar in supporting a moratorium or precautionary pause, momentum for deep ocean protection is growing across Africa” said David Willima, DSCC African Lead. “Governments are increasingly recognizing that protecting the deep ocean means ensuring decisions affecting the common heritage of humankind are grounded in science, precaution, equity, and international law.”
The failure to deliver safeguards was reflected across both Council and Assembly meetings. Throughout the meetings, governments faced unprecedented pressure from corporate efforts to circumvent and influence international ocean governance, persistent knowledge gaps, and growing concerns about the ISA’s ability to effectively oversee what could become the largest industrial operation ever undertaken in our global ocean. Some governments demonstrated leadership, particularly Vanuatu, Malawi, Costa Rica, Palau, Romania and Panama but too many failed to defend the common heritage of humankind against mounting commercial pressure.
The ISA Council confirmed that its inquiry into contractor non-compliance will continue, despite attempts by mining companies to halt the investigation. Meanwhile a decision to extend Nauru Ocean Resources Inc’s (NORI’s) exploration contract was taken without prejudice to an ongoing contractor compliance inquiry, despite its parent company’s ties to unlawful unilateral mining attempts, raises continuing concerns about the ISA’s governance.
“The decisions to extend the contract and the failure to set a firm and imminent deadline for concluding the inquiry shows a lack of political will to hold contractors to account. If the ISA cannot effectively regulate exploration, they certainly cannot effectively regulate exploitation.” said Duncan Currie, DSCC International Legal Adviser.
States must now implement their obligations under UNCLOS and prevent their citizens, companies, and State agencies from engaging in, cooperating with or otherwise benefiting from unlawful seabed mining. A number of countries have publicly demonstrated links to unilateral mining, such as Canada, Nauru, Tonga, the United Kingdom, Australia, New Zealand, Switzerland, Malta, The Republic of Korea, and Japan. (See DSCC’s Council Media Release here).
At the Assembly, a decision on a legally mandated review of the ISA under Article 154 of the UN Convention on the Law of the Sea (UNCLOS) was postponed for another year after a small minority of states, including Norway, China, and Japan, blocked its advancement. Governments also failed to follow Vanuatu’s leadership and adopt their proposal to strengthen the role of science in future ISA decision-making, despite widespread recognition that major scientific gaps remain and that decisions on deep-sea mining cannot be responsibly made without a stronger evidence base.
“These meetings were a test of whether governments are prepared to defend the international rules that govern the global commons when they come under pressure from countries acting without regard to international law,” said Matthew Gianni, DSCC Co-Founder and Political Adviser. “Governments recognized the risks over the past three weeks but stopped short of taking the decisions needed to protect the regime and the institution they created. The outcomes of these meetings reinforce why a moratorium is vital and why governments need to take action at a national level against unilateral mining now.”
Contact
For further information or expert interviews, please contact: agata@communicationsinc.co.uk or press@deep-sea-conservation.org
Notes to the Editor:
- The Deep Sea Conservation Coalition (DSCC) is an alliance of more than 140+ organizations worldwide advocating for the protection of the deep sea.
- 46 countries now support a moratorium or precautionary pause on deep-sea mining, including major businesses and financial institutions, scientists, Indigenous leaders, human rights experts, and fishing groups
- A decision was taken by the Assembly to allow contractors to attend the meetings of the Authority and give statements.