The high seas, or regions of the ocean beyond national borders, make up 50 per cent of earth’s area. They are home to a rich tapestry of ecosystems and an incredible diversity of wildlife, much of which remains undiscovered.
Yet less than one per cent of the high seas are protected, and, as international waters, there was no framework for changing that—until now.
The decision came after 36 sleepless hours. United Nations (UN) member states had hoped to reach an agreement for the protection of high seas biodiversity by Wednesday, March 1. By Saturday, consensus still seemed beyond reach.
With delegates frustrated and sleep-deprived, negotiations came perilously close to breaking down—and some feared that if this session ended without an agreement, the window of opportunity would be lost for good.
In a desperate plea, Rena Lee, the president of the conference, asked for 30 more minutes of negotiation. And miraculously, in the final hour, delegates arrived at an agreement.
Although the final agreement is not perfect, our partners recognise it as a landmark moment, not only for ocean conservation, but for the future of global biodiversity. The protracted negotiations this spring are a fitting ending for what has been an arduous journey, playing out over more than twenty years.
Two decades of advocacy for the high seas
This month’s landmark decision is the product of five years of official negotiation. But that monumental effort is itself the culmination of more than two decades of advocacy and policy work. In 2002, the UN held its first informal consultation on the protection of the marine environment in the high seas. From 2004, a series of working groups was established and began discussing the biodiversity of marine areas beyond national jurisdiction and determined that the high seas were in urgent need of conservation action.
This initial period of negotiations concluded in 2010, when the Aichi Targets—the first international goals for biodiversity—were established. Delegates recognised the necessity of conserving marine and coastal areas and called to accelerate the process towards a UN agreement. One year later, our partner the High Seas Alliance was founded. The coalition brings together more than 40 NGOs unified in their desire for a robust and actionable high seas treaty.
The high seas, depicted here in dark blue, account for nearly two-thirds of the earth’s ocean area. Image: ShareAlike 3.0
Since its founding, the High Seas Alliance has engaged in the often thankless work of international advocacy on behalf of the high seas. Through a lengthy series of preparatory meetings, and, eventually, the negotiations themselves, the High Seas Alliance helped maintain the necessary momentum to pass a robust high seas treaty.
Synchronicity Earth began funding their efforts in 2014. It took three more years for the UN to finally begin the formal negotiating process. At this point, our partner Deep Ocean Stewardship Initiative (DOSI) entered the fray.
As a global network of experts, DOSI was able to present scientific evidence to policy makers who might be wary of a more advocacy-based approach. Synchronicity Earth recognised them as a vital counterpoint to the High Seas Alliance, and began funding them in 2018. Several other long-term Synchronicity Earth partners have also contributed significantly to this work, including the Deep Sea Conservation Coalition, and Dr Kristina Gjerde.
During earlier negotiations, High Seas Alliance brought playful crocheted sea animals to join the movement for swift action on behalf of the high seas. Image: © High Seas Alliance.
The high seas treaty was meant to pass in 2020, but these meetings were postponed due to the COVID-19 pandemic. In this frustrating period, flexible, long-term support for advocacy work was especially vital. Synchronicity Earth’s support helped our partners keep up the pressure on policy makers and governments through unexpected setbacks, culminating in this month’s triumphant finale to years of hard work.
What does the high seas agreement decide?
The agreement concerns four key areas of marine biodiversity management. First, it requires environmental impact assessments for any new activities expected to substantially impact the high seas. It also establishes a new body to ensure these assessments are carried out where needed and adhere to a high standard of scientific rigour.
Second, the treaty dictates that both monetary and non-monetary benefits from “marine genetic resources,” or novel inventions based on marine life, must be shared between member states. Relatedly, it recognises that lower income nations must be given the opportunity to join high seas research, and provides funding and committee oversight to make marine research more accessible.
Finally, and perhaps most importantly, the treaty makes it possible to establish Marine Protected Areas, or MPAs. These MPAs are vital for meeting the internationally-agreed goal of protecting 30 per cent of land, sea, and inland waters for wildlife by 2030. Crucially, a three-quarters majority will determine these areas when consensus cannot be reached, preventing single states from blocking the establishment of important conservation areas.
One key remaining question is how the treaty will interact with pre-existing marine management bodies, such as those managing regional fisheries. The treaty drastically increases transparency and accountability for these organisations, but leaves ambiguous the extent to which they will need to adhere to the new standards. The new agreement cannot directly impose decisions on pre-existing organisations. However, it does urge signatories to promote the treaty’s objectives in all their endeavours on the high seas—including as members of marine management organisations.
What ecosystems can we save?
The High Seas Alliance has outlined eight regions to prioritise as the first MPAs. These are areas of extraordinary but unprotected biodiversity and usually especially vulnerable to destructive human activity.