environmental rights

• UGANDA: ‘We’ll participate in COP28 to pressure world leaders to divert funding away from oil and gas’

  
  CIVICUS speaks about recent developments involving the East African Crude Oil Pipeline (EACOP) project and civil society’s efforts to stop it with Zaki Mamdoo, Campaign Coordinator of Stop EACOP.

  Established in 2020, Stop EACOP is a coalition of Ugandan environmental and climate justice organisations that oppose the pipeline project due to the significant threats it poses to protected ecosystems, water resources and community lands across Tanzania and Uganda.

  What are your coalition’s aims?

  Our aim is to halt the construction of EACOP to avert the catastrophic environmental and climate consequences associated with the pipeline and safeguard human rights and communal territories.

  To achieve this, we employ a multifaceted strategy: heightening public awareness, exerting pressure on financial institutions and raising their reputational costs so they distance themselves from the project, mobilising impacted communities and rallying to force governments and oil corporations to suspend the project.

  A cornerstone of our approach is engaging with young people. Our partner programmes in both Tanzania and Uganda are focused on youth. We proactively seek out young people in various initiatives, including security training sessions. Recently, we’ve identified student leaders from various universities who had organised to spread awareness about the project’s impacts among their peers. We are actively pursuing funding and other opportunities to bolster their efforts.

  Internally, we give space to youth representatives to contribute their perspectives. We’re committed to amplifying young voices and offering avenues for their growth and development as activists. A reflection of this is that I am 26 years old and trusted with the leadership as campaign coordinator.

  How has the situation evolved since welast spoke over a year ago?

  There have been significant changes over the past year. Drilling has started in one of the most important biodiversity hotspots. One of the companies leading the project, French energy conglomerate Total Energies, has launched oil drilling in Uganda’s Murchison Falls National Park, home to diverse animal and bird species, including elephants, giraffes and lions. Its ecological significance is heightened by the presence of the Murchison Falls-Albert Delta Wetland System, essential for Lake Albert fisheries.

  The pipeline threatens the park’s biodiversity and tourism appeal. It will also have economic impacts, as the park is a major contributor to Uganda’s economy, accounting for 59 per cent of exports and having generated over US$1 billion in revenue in 2022.

  Negative consequences are already evident, with displaced elephants damaging crops and posing threats to human lives in nearby communities. Tragic incidents involving elephants have already occurred in Buliisa district, where the park is located.

  This is clearly just another a case in which profit is prioritised over environmental and socioeconomic considerations.

  Our demands, however, remain unaltered: we adamantly call for the project’s complete cancellation due to its intolerable environmental and human risks. And while governmental authorities have largely remained unresponsive, we’ve achieved progress with financial institutions. Remarkably, 27 banks have already denied funding for EACOP, and an additional 23 major insurers and reinsurers have declined to support the pipeline.

  What restrictions do Stop EACOP activists face?

  We operate in fairly restrictive environments in which the freedom to protest is often violated. Recently, for instance, four of our activists were forcibly arrested on charges of ‘inciting violence’, transported in police vehicles and kept in jail overnight for protesting against the pipeline in Kampala, Uganda’s capital.

  The activists, three women and one man, were protesting peacefully, but their arrests were unnecessarily violent. It must be emphasised that only four protesters were involved, so the degree of force applied was clearly excessive, yet not entirely unexpected. Historically, Ugandan authorities have responded aggressively to any demonstrations perceived as anti-government, in line with a dictatorial regime indifferent to public sentiments or alternate viewpoints. This reaction is not unprecedented, although it’s intriguing that the government seems threatened by even small-scale protests like this four-person event.

  But this won’t stop us: we will continue to demonstrate peacefully. Several of our members maintain a fund to secure bail or engage lawyers whenever activists are arrested. We arrange legal representation and explore the possibility of anticipatory bail when possible. However, given the sporadic nature of these protests, support is often provided post-arrest. We’ve also partnered with organisations that specialise in security training so that we can provide tools for advocates to voice their concerns without jeopardising their personal safety.

  How do you connect with the global climate movement?

  We connect with climate activists worldwide by sharing experiences and strategies and providing each other with support across borders. Global solidarity strengthens our efforts, so we appreciate any form of international backing for our cause.

  What lies ahead remains uncertain, but as demonstrated in numerous instances globally, when we come together to back local communities as they advocate for their rights and a more promising tomorrow, there is a potential to counter even the largest of corporate giants effectively.

  More than a million people have already raised their voices against EACOP. We believe that together we can stop it.

  Are you planning to engage with the upcoming COP28 climate summit?

  We’re deliberating on the optimal way to participate in COP28 to pressure world leaders to address the pipeline project directly and divert funding away from new oil and gas developments. I will be there to represent the campaign.

  Despite controversies surrounding the summit’s leadership and lack of an enabling civic space in the host country, the United Arab Emirates, we are hopeful that substantive progress will be made. But we recognise that lasting change will require continued people-powered mobilisation. We’re committed to sustaining our fight for climate justice and environmental preservation in East Africa.

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  Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Stop EACOP through itswebsite and follow@stopEACOP on Twitter.

• UN PLASTICS TREATY: ‘Human health and the environment must come first’

  CIVICUS speaks about the progress being made towards a United Nations (UN) Treaty on Plastic Pollution with Vito Buonsante, an environmental health lawyer and technical and policy advisor at the International Pollutants Elimination Network (IPEN).

  IPEN is a global network of civil society organisations (CSOs) seeking to improve chemical policies and raise public awareness to ensure that hazardous substances are no longer produced, used or disposed of in ways that harm human health and the environment.

  Most people don’t know there is a UN Treaty on Plastic Pollution in development. When and how did the process start?

  In March 2022, the UN Environment Assembly (UNEA), the world's highest-level decision-making body on the environment, approved a broad mandate to start talks on an international treaty to address the growing threats from plastic pollution. The scope of the Plastics Treaty is meant to include all impacts from plastics throughout their lifecycle, including effects from the toxic chemicals in plastics on human health and the environment. It should help move the world towards a toxic-free future.

  In IPEN’s analysis, based on UNEA’s mandate, the final agreement must address the health impacts of plastics and their chemicals in four ways. First, it must address the use, release of and harms from toxic chemicals from plastics in all of their lifecycle, from production to consumption and waste management. Second, as the mandate emphasises the importance of promoting sustainable design, the treaty must ensure that hazardous chemicals are eliminated from plastic production and plastics with hazardous chemicals are not recycled.

  Third, the UNEA resolution noted the importance of preventing threats to human health and the environment from toxic plastics and calls for coordination with the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the 1998 Rotterdam Convention concerning the importation of hazardous chemicals, the 2001 Stockholm Convention on Persistent Organic Pollutants and the Strategic Approach to International Chemicals Management, a global policy framework adopted in 2006. The treaty must therefore address the health and environmental impacts due to exposure to hazardous chemicals and toxic emissions throughout the plastics lifecycle.

  Fourth, there’s the issue of microplastics, which the UNEA resolution recognises as included in plastic pollution. This means the treaty must also address the chemical health and environmental hazards from microplastics, including their potential to be vectors for chemical contamination.

  What progress was made in the first session of negotiations?

  The first session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, took place in Punta del Este, Uruguay, from 28 November to 2 December 2022.

  In this first meeting states had the opportunity to express their intentions for the treaty that they envision. On one side, we have seen a large group of states, working under the umbrella of the High Ambition Coalition to end plastic pollution, that have expressed their desire for a treaty that makes a difference in how plastics are made and tackles the root causes of plastic pollution. On the other side, there is a group of states fighting for a treaty that makes no difference to the status quo. Worryingly, these countries include Japan, Saudi Arabia and the USA, all of which want to see a treaty focused only on waste management rather than the entire lifecycle of plastics, and built on the basis of voluntarily agreed national commitments rather than binding obligations across the board.

  The second session will take place in late May and early June in Paris, France. Negotiations should be completed by the end of 2024, and it should be possible to make the deadline. Global measures can be agreed. The science is very clear: it would be delusional to think that recycling the growing amounts of plastics that are being produced is the solution to the plastic pollution crisis, after 40 years of failing to recycle even a small amount of the plastic waste. It is too early to understand in which direction the talks will go, but it should be possible to agree on a number of global standards, even at the risk of some states not immediately ratifying the treaty.

  What would an ambitious treaty look like?

  The most important measure an effective treaty should include is the reduction of the total production of plastics. If production doesn’t slow down, over the next 20 years the amount of plastic will double and it will become truly impossible to control.

  A second key measure concerns the design of plastics. Here there is a need to remove all toxic chemical additives, such as bisphenols, PFAS and flame retardants, and all toxic polymers such as PVC and polystyrene. These chemicals are known to cause adverse health impacts, disrupting hormonal functions, fertility and children’s brain functions, among others. Removing them from plastics will create safer material cycles. It is also very important to improve transparency about both plastics ingredients and the quantities and types of plastics produced. Without a clear picture of what is produced and where, it will be difficult to beat plastic pollution.

  Ambition should also extend to implementation. There must be a commitment from developed countries to create a fund to implement the treaty. No matter how stringent the provisions of the treaty are, without considerable investment in implementation, impact will be limited. Commitments have recently been adopted for funds for climate and biodiversity, but there is not yet a fund established to tackle plastic pollution and other chemicals and waste-related actions.

  What are environmental CSOs bringing to the negotiating table?

  CSOs hold a wide range of expertise and experiences that are very valuable for treaty negotiators. IPEN, for instance, has advocated for the recognition of the impacts of the toxic chemicals in plastics for over two decades, clearly showing through many scientific reports and testing of plastics and plastic products how plastics products are exposing communities and vulnerable populations to toxic chemicals.

  We are optimistic that the need to solve this planetary crisis will prevail. The international community has been failing on climate change and cannot fail on plastics as well. The Plastics Treaty could be a way to show that international cooperation is the best way to solve global problems and that human health and the environment can and must be put ahead of national interests and business interests.

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  Get in touch with IPEN through itswebsite or itsFacebook page, and follow@ToxicsFree and@VitoABuonsante on Twitter.

  
  

   

• UN PLASTICS TREATY: ‘It is up to civil society to speak up for the public when their governments won’t’

  CIVICUS speaks about the progress being made towards aUnited Nations (UN) Treaty on Plastic Pollution with Aidan Charron, End of Plastics and Canopy Project Coordinator with EARTHDAY.ORG.

  Growing out of the first Earth Day in 1970, EARTHDAY.ORG is the world’s largest recruiter to the environmental movement, working with more than 150,000 partners in over 192 countries to diversify, educate and activate the environmental movement worldwide.

• UN RESOLUTION ON CLIMATE CHANGE: ‘The climate crisis is a human rights crisis’

  CIVICUS speaks with Hailey Campbell about the recent United Nations General Assembly (UNGA)resolution on the environment, which enables the International Court of Justice (ICJ) to issue an advisory opinion on states’ obligations to address climate change.

  Hailey is a climate activist and co-executive director of Care About Climate, ajustice-driven climate education and empowerment civil society organisation (CSO) and network of international young climate leaders seeking to share climate solutions on the international stage.

  What was the origin of the initiative to take climate matters to the ICJ?

  The historic initiative was first introduced in 2019 by the Pacific Students Fighting Climate Change (PISFCC), a youth-led organisation established by students from eight Pacific Island countries. The PISFCC started by persuading the Pacific Island Forum, the region’s main political and economic organisation, to bring the issue of climate change and human rights to the ICJ. CSOs from the Pacific supported this campaign and built the Alliance for a Climate Justice Advisory Opinion (ACJAO) to include other non-state actors. In 2021, the state of Vanuatu, a small island state that is highly susceptible to climate catastrophes, initiated negotiations and the drafting of the resolution, which was later supported by over 130 countries and over 220 CSOs, and eventually adopted by consensus by the UNGA on 29 March 2023.

  Do you view this resolution as a civil society victory?

  This resolution is a monumental victory! This victory is the beginning of a wave of change in how we all think about the climate crisis and a reminder that climate change doesn’t respect geopolitical boundaries. Environmental CSOs, young leaders, island nations leading the call for the resolution, and PISFCC are reminding the world that before being an advocate, a fossil fuel executive, or a politician, we are all people. As humans, we all share this beautiful planet and sharing it requires caring about each other. If some leaders fail to recognise this, they should be held accountable.

  The resolution calling for an ICJ advisory opinion is also a celebration of island innovation and perseverance. Islanders have relied on traditional knowledge and collaborative leadership to adapt to environmental impacts for thousands of years. Taking the world’s greatest challenge to the highest court highlights their strength and experience. As a young person living on an island in the Pacific, I am grateful to the leadership of other young islanders and allies who are paving the way for future generations to have a sustainable future.

  How could the ICJ help address climate change?

  The ICJ is the world’s highest court, which sets precedents via advisory opinions and rules on how states should cooperate globally. As such, it plays a prominent role in keeping peace among our nations.

  The ICJ advisory opinion embodies the reality that we can’t solve the climate crisis by continuing the very practices that brought us to it. The scope of the resolution moves beyond the Paris Agreement, referencing the importance of having a safe climate as a vital human right for well-being. Through outlining potential legal consequences for nations causing significant harm to vulnerable communities and future generations, it could finally ensure greater accountability for the climate crisis. If nations are held more accountable and pushed to act, the door is opened to ensure fossil fuel emissions are fully eliminated and capacity-building for adaptation needs are fulfilled.

  How have you personally engaged in advocating for this resolution and broader climate action?

  I first learned about the PISFCC’s campaign in 2019, when I got involved with the climate movement following the COP25 climate change summit. As a sustainability student dedicated to working in the climate field, I was inspired by how a small group of students across island boundaries was strongly calling for an ICJ advisory opinion. I started following their journey and supporting their calls to action in various ways, from reposting social media content to bringing up relevant arguments in my conversations with leaders at subsequent COPs.

  Inspired by their island leadership, I accepted an internship with the Local 2030 Islands Network, the world’s first global, island-led peer-to-peer network devoted to advancing the Sustainable Development Goals. I learned more about island sustainability and the impacts of climate change from island leaders and was amazed by their examples of innovative solutions and optimist spirit. Empowered to use my education to support islanders in making their voices heard, I chose to focus my master’s degree on developing a workplan for how islanders can work together with their communities to develop, track and implement sustainable solutions for climate change.

  This journey of student activism helped me become a cross-sector environmental leader, work on climate adaption on islands, and lean into coalitions, like Care About Climate, as vulnerable groups to stand up for our right to a climate safe future. In fact, their inspiration led to my empowerment to work with young people to ensure the first-ever inclusion of young people as stakeholders in a UN climate conference decision at COP27.

  What can international allies do to support this struggle?

  All international allies must continue fighting! This historic resolution is only the first step. Before the ICJ can issue its opinion, written and oral arguments from states and select international organisations, such as the United Nations Environment Program, will be requested. It is important for community members to continue contacting their national representatives and international organisations selected to submit testimonies and call for support of the opinion. In fact, the PISFCC have just launched an amazing handbook to support policymakers, youth, and environmental CSOs in understanding their role that I highly recommend checking out. My favourite example from the handbook is about the importance of sharing your personal testimony as to why you believe in the need for an ICJ’s advisory opinion on climate rights and what impact it could have on your future with your national representatives. I hope everyone feels empowered to join me in the Alliance to stay up to date on ways to make an impact.

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  Get in touch with Care About Climate through itswebsite or itsFacebook page, and follow@careaboutclimate and@hailey_campbell on Twitter andInstagram.

   

• UNITED NATIONS: ‘From now on, states should adopt a human rights approach to environmental regulation’

  

  CIVICUS speaks with Victoria Lichet, executive director of the Global Pact Coalition, about the resolution recently passed by the United Nations General Assembly (UNGA) recognising the right to a clean, healthy and sustainable environment as a human right.The Global Pact Coalition brings together civil society organisations (CSOs), activists, artists, lawyers and scientists advocating for the adoption of the Global Pact for the Environment, a draft international treaty to enshrine a new generation of fundamental rights and duties related to the protection of the environment, and particularly the right to a healthy environment.

  What are the relevance and implications of the recent UNGA resolution on the right to live in a clean, healthy and sustainable environment?

  The adoption of a resolutionon the right to a clean, healthy and sustainable environment by the UNGA, the legislative body of the UN, which includes all the UN member states, is a historic victory for environmental protection. The recognition of the right toa clean, healthy and sustainable environment as a universal human right makes environmental protection a core aspect of human rights protection. It is a major step towards a human rights-based approach in environmental litigation, as it integrates human rights norms into environmental matters.

  In addition to recognising the right to a healthy environment as a right for all people, the resolution’s preamble clearly affirms the linkage between a healthy environment and human rights. The UNGA recognises that ‘environmental damage has negative implications, both direct and indirect, for the effective enjoyment of all human rights’.

  While UNGA resolutions are not legally binding, this resolution is a strong political and symbolic message. It will play a role in shaping and strengthening new and stronger international environmental norms, laws, standards, and policies. As such, it will necessarily improve the overall effectiveness of environmental law and catalyse further environmental and climate action. This also proves that multilateralism still has a role to play in international environmental law.

  What role did civil society play in the process leading to this resolution?

  This resolution followed months of mobilisation by CSOs and Indigenous peoples’ organisations (IPOs), including the Global Pact Coalition. Under the inspiring leadership of the UN Special Rapporteur on Human Rights and the Environment, David R Boyd, and his predecessor, John Knox,the coalition of CSOs and IPOs was able to reach out to governmentsthrough emails and letters to better inform them about the importance of the right to a healthy environment. It also led social media campaigns to inform the public about the process. 

  The core group of countries that led this initiative, made up of Costa Rica, Maldives, Morocco, Slovenia and Switzerland, was really helpful and communicated important steps regarding the resolution. We are very grateful for their leadership.

  Does the final text of the resolution fully reflect civil society contributions?

  The final text of the resolution mostly reflects civil society expectations. Through negotiation, some states were able to remove a few paragraphs. For example, the first draft said that the right to a healthy environment was related to the right to life and the right to the highest attainable standard of physical and mental health. But the final draft also included additional paragraphs, for example to include ‘business enterprises and other relevant stakeholders’ in the call to adopt policies to enhance international cooperation to scale up efforts to ensure a healthy environment.

  Overall, the main goal for civil society was to have the right to a clean, healthy and sustainable environment recognised as a human right for all, and this was obviously fully reflected in the final text. So it is in fact a historic victory for civil society.

  What measures should states adopt to make the right recognised in the resolution effective?

  Recognition should be combined with strong and ambitious national and regional public policies that implement mechanisms to strengthen environmental protections, the protection of people’s health and the enjoyment of their other human rights. From now on, states should adopt a human rights-based approach in environmental regulation as well as better renewable energy and circular economy policies.

  As Special Rapporteur David Boyd said, the international recognition of the right to a healthy environment should encourage governments to review and strengthen their environmental laws and policies and enhance their implementation and enforcement.

  What should civil society do next?

  Civil society should now advocate for stronger and more ambitious instruments to protect the environment, our right to a healthy environment and other environmental rights. Now that the right to a healthy environment has been recognised at the international level, we should introduce additional progressive rights and duties that will take us even further in environmental protection.

  The UNGA resolution could be the foundation for a more comprehensive international instrument on the right to a healthy environment and other environmental rights. We already have ambitious models that could be used in these future negotiations, including the Global Pact for the Environment and the draft covenant of the International Union for Conservation of Nature, the world’s largest global environmental network.

  The path from ‘soft law’ to ‘hard law’ – in this case, from the non-binding UNGA resolution to a convention on the right to a healthy environment – is a very common one in international law. For example, the 1948 Universal Declaration of Human Rights, which is one part of the UNGA resolution on the International Bill of Human Rights, and therefore not legally binding, resulted in two treaties adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It took 18 years to incorporate the Declaration into two legally binding texts.

  We hope it will not take 18 years to achieve a convention on environmental rights, because that would bring us to 2040. We do not have that kind of time. The time has come to adopt such a convention, a ‘third pact’ recognising a third generation of human rights. After civil and political rights, and economic and social rights, it is time to enshrine our environmental rights.

  As we face a triple planetary crisis, a binding international environmental text is critically important because millions of people are already dying from toxic environments, particularly from air pollution.

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  Get in touch withthe Global Pact Coalition through itswebsite or itsFacebook page, and follow@VictoriaLichet and@PactEnvironment on Twitter.

   

• UNITED NATIONS: ‘Getting a strong Ocean Treaty across the line would be nothing short of historic’

  CIVICUS speaks with Ellie Hooper of GreenpeaceAotearoa about civil society’s role in the ongoing negotiations towards the development of a United Nations Ocean Treaty. Greenpeace is a global environment campaigning network that comprises 26 independent national and regional organisations in over 55 countries across all continents as well as a co-ordinating body, Greenpeace International, based in Amsterdam, the Netherlands. It uses peaceful protest and creative communication to expose global environmental problems and promote solutions that create a green and peaceful future.

  What is the significance of the proposed Ocean Treaty?

  A strong global treaty on the oceans could revolutionise the way oceans are managed, putting an end to fragmented governance that has failed to protect our blue planet the way we need to.

  If done right, one of the key things the Ocean Treaty could deliver is the creation of fully protected marine areas on the high seas. These areas would be off limits to destructive human activities such as industrial fishing and mining. At the moment there is no legal mechanism to create fully protected areas outside of national jurisdictions, which has become a real problem. The ocean is under threat from all sides and to protect it we need to take a holistic view tackling multiple risk factors.

  Getting a strong treaty across the line would be nothing short of historic. Scientists tell us that to avoid the worst of the climate and biodiversity crisis we must protect at least a third of the world’s oceans by 2030. A strong treaty would give us the mechanism to do this. The ocean is a huge carbon sink and has absorbed a great deal of global warming to this point. It’s also home to amazing biodiversity, produces the oxygen we breathe, stabilises the climate and is a food source for millions around the world.

  In short, keeping the ocean healthy is vital to our survival and the entire functioning of our blue planet. But more and more research shows it is in decline. To turn this around we need to step up and protect it by reducing the multiple pressures on the system.

  Science shows that fully protected marine areas are one of the best tools we’ve got to help the ocean recover and thrive. When these are put in place in the right areas – places known to be high in biodiversity, migratory pathways or unique ecosystems – ocean health improves and marine life flourishes. This has positive impacts across the board, from the number of creatures in the sea to how well the ocean can absorb carbon.

  Why is the treaty process taking so long?

  We’re talking about a hugely ambitious conservation effort. Getting a treaty across the line involves countries around the world agreeing to its terms, and that is not an easy feat.

  While it’s disappointing that leaders failed to reach a conclusion on this at the latest round of negotiations held in August, this doesn’t mean an agreement isn’t going to happen. At the last meeting a great deal of progress was made, with countries showing more flexibility and a real sense of urgency. They ran out of time, but we are not giving up hope that this historic agreement is on the horizon. What needs to happen now is for countries to come together without delay and thrash out their remaining discrepancies.

  How has civil society in general, and Greenpeace specifically, advocated for the treaty?

  There’s been a great deal of civil society pressure for this treaty, with many organisations around the world pushing hard for its best version to materialise.

  Greenpeace has been actively involved in the treaty process since the beginning. It sends a team to each round of negotiations and has run a global campaign to raise awareness of the threats facing the ocean and how a treaty could counter them. Our approach has been twofold: to build public momentum around the agreement while doing all the behind-the-scenes work, talking to ministers and other public officials in all the regions where we’re active.

  As a consequence, millions of people around the world have joined the campaign for a strong treaty. They’ve done that in various ways, from signing petitions, sending letters and recording video messages to attending marches. Many people around the world are invested in this issue and their engagement has been critical to getting this far.

  For us here at Greenpeace Aotearoa, it’s been inspiring to see the number of people willing to stand up for ocean protection, and we know that their voices have been heard. It’s fair to say that their repeated calls on New Zealand’s leaders to support a strong treaty has resulted in New Zealand supporting a far more progressive position at negotiations. That’s really people power in action. When we work together, we can make real change happen.

  We’ve also met regularly with the New Zealand delegation to the treaty negotiations, as well as the Minister of Foreign Affairs, and we consistently communicate with them about what this treaty needs to look like in order to protect the ocean for the future.

  What can environmental civil society organisations and activists do to ensure the treaty is adopted?

  Treaty negotiations need to urgently resume. At the latest round, countries ran out of time to agree on all its terms, but they’re almost there. So it’s up to civil society activists and organisations to keep pushing world leaders to prioritise reconvening and getting this done. We don’t want it to fall to the bottom of the agenda – it’s simply too important.

  In more practical terms, making noise about the need for this treaty is really important. That could look like sharing content online, signing petitions, or writing to your country’s minister of foreign affairs to show how important getting this treaty done is. None of us can survive without a healthy ocean, so we all need to up to protect it.

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  Get in touch with Greenpeace Aotearoa through itswebsite orFacebook page, and follow@GreenpeaceNZ and @EleanorRowena on Twitter.

• UNITED NATIONS: ‘Ocean Treaty negotiations are largely a backroom discussion that excludes civil society’

  CIVICUS speaks John Paul Jose about civil society’s role in the ongoing negotiations towards a United Nations (UN) High Seas Treaty. John is an environmental and climate activist from India who currently serves as one of the youth ambassadors of the High Seas Alliance (HSA) and a member of the Youth Policy Advisory Council of the Sustainable Ocean Alliance. The HSA is a partnership of more than 40 civil society organisations (CSOs) plus the International Union for the Conservation of Nature. It aims to build a strong common voice and constituency for ocean conservation.

  What is the significance of the proposed treaty?

  Seventy-one per cent of the surface of the Earth is covered by ocean, 64 per cent of which are high seas. The ocean regulates the global climate and sustains life on the planet. It sequesters much of the historic and cumulative carbon emissions: phytoplankton, marine forests and whales, in particular, play a significant role in locking carbon in the ocean. However, the ocean has been systematically ignored in efforts to address the climate crisis and the loss of biodiversity, which have focused almost exclusively on the land.

  As the high seas are a global commons, it is largely governed by the International Maritime Organization, a UN agency responsible for regulating shipping that was established in 1948, and the 1982 UN Convention on the Law of the Sea and its autonomous intergovernmental body, the International Seabed Authority, established in 1994.

  But high seas are experiencing unprecedented threats that were not foreseen when those agreements were reached, such as the accumulation of plastics, chemical and industrial waste, acidification, deep sea mining, bottom trawling and, last but not least, the overall impacts of climate change. Rising temperatures and the overexploitation of marine habitats and species increase the danger of ocean collapse.

  This is why it is urgent to develop a global treaty on biodiversity beyond national jurisdiction – a High Seas Treaty. This would provide the legal basis for the conservation of marine ecosystems and the protection from extinction of countless species yet to be discovered. Only one per cent of the high seas are currently protected, and the treaty aims to make it 30 per cent by 2030.

  This would be the equivalent of the Paris Agreement for the oceans. Through marine conservation and the sustainable use of marine resources, it will preserve the carbon cycle. By creating marine protected areas, it will contribute to the restoration of marine habitats and the replenishment of the marine resources on which many communities around the world rely for their livelihoods. It will further contribute to global climate resilience. Once it comes into effect, many practices harmful to the ocean will cease to exist within the protected areas.

  Why is the treaty process taking so long?

  It has been 15 years since the negotiations started, but cooperation has been lacking regarding many aspects of the treaty. Differences would need to be resolved in between sessions, and a treaty should be finalised to include all the aspects where agreements have been reached, leaving space for future amendments as differences over more contested elements are subsequently resolved. And intergovernmental conferences should definitely happen more often.

  One element being discussed is the equitable distribution among states of marine genetic resources, which are essential in the pharmaceutical, cosmetic, agricultural and other industries. The current overemphasis on benefit sharing is an illusion, as we don’t know enough about such benefits, since much of the ocean is still unexplored. But it is a fact that 10 countries account for 71 per cent of global fishing and 98 per cent of patents of genetic codes of marine life in the high seas. Those few countries’ greed and unwillingness to share benefits and marine technology and knowledge, and the obvious concerns this creates among less powerful countries, are one big reason for the deadlock.

  There is also a stalemate on defining criteria for environmental impact assessments and the implementation of marine protected areas. What is at stake here are the interests of deep-sea mining industries and industrial fisheries.

  However, the treaty process has seen a lot of success in convening discussions and negotiations. As of now, more than 100 states are highly committed to backing the treaty as it stands and some, such as Costa Rica, are leading by example by pushing forward regionally, opening up additional avenues for conservation.

  The treaty is likely to be finalised at the next session, so further efforts should be put into funding delegations from global south countries so they can be a stronger voice and bring more balance into negotiations.

  How has civil society in general, and the HSA in particular, advocated for the development and adoption of a treaty?

  Since its inception, the HSA has advocated for protecting at least 50 per cent of the ocean, engaging decision-makers, experts and civil society. We are now focused on keeping up the momentum of the intergovernmental conferences, as this is a once-in-a-lifetime opportunity to have a legally binding treaty to protect the planet by changing the way we govern the high seas. This process has created a lot of awareness about the importance of the high seas, so governments that used to be unfamiliar with them are now supporting a robust treaty.

  That said, it should be noted that only states are considered as parties to the treaty, so non-state voices have no space in the negotiations. Treaty negotiations are largely a backroom discussion that excludes civil society and experts. Many of us cannot even witness live negotiations and documents are only made available once discussions have been closed.

  There are also clear inequalities among participating states. Many states with limited resources bring very small delegations and lack the expertise to engage productively in the discussions. It would make a difference to all parties involved if civil society were able to bring its expertise into the process.

  What can environmental CSOs and activists do to ensure the treaty’s adoption?

  There are clear limits to what we can do to expedite the treaty’s adoption. We believe it is crucial to have a treaty as soon as possible, and it is better to have an incomplete one than to have none. So states should move forward on all the issues where agreements have been reached and design an amendment process to integrate further issues and stakeholders’ concerns in the future.

  CSOs and activists can contribute to the process by bringing diverse perspectives to the table. As current negotiations are closed discussions among states in which civil society, scientists and the private sector don’t have a seat, we only can do so by advocating with receptive states that do have a seat at the table.

  We can also campaign to bring bottom-up pressure into the process, by bringing the concerns the treaty tries to address into the discussion of the global climate movement and getting the wider public engaged. Resources such as the HSA’s Treaty Tracker provide access to useful information regarding the treaty and negotiations. This information should reach across the globe and empower people to demand that world leaders finalise the treaty, and to call on their own governments to hear them in environmental policy process.

  A treaty would provide a legal basis for action, but even without one, states, communities and corporations can act to protect the high seas. Many countries already have marine protected areas within their national jurisdictions, and more can be established with public participation. Civil society should engage in these processes but should not be limited by national boundaries. It’s time for us to transcend borders and advocate for the global commons as well.

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   Get in touch with the High Seas Alliance through itswebsite orFacebook page, and follow@HighSeasAllianc and@johnpauljos on Twitter.