After contributing to the development of the treaty, Africa must now benefit from the momentum it has generated in ocean governance.
The third United Nations Ocean Conference (UNOC3), held in June, resulted in an ambitious political declaration that marks a turning point in global ocean governance. The focus was on highlighting progress made toward the adoption of the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), more commonly known as the High Seas Treaty.
This historic agreement fills governance and regulatory gaps in areas beyond national jurisdiction, which represent 64% of the total ocean surface. These waters are vital to planetary health and human well-being, yet they are often overexploited, polluted, and neglected due to the lack of a comprehensive regulatory framework.
The treaty addresses these gaps by focusing on four key pillars: marine genetic resources and the fair and equitable sharing of benefits; area-based management tools, including marine protected areas; environmental impact assessments; and capacity building and technology transfer.
UNOC3 gave significant momentum to the agreement. In the days leading up to the conference, 28 ratifications were recorded, with another 22 during the event, bringing the total to 51 out of the 60 ratifications required for the treaty to enter into force. In total, 139 countries have signed the BBNJ treaty.
Africa’s involvement in this process has been both strategic and hesitant. On one hand, the African negotiating group played an influential role in shaping the treaty, advocating for the principle of the common heritage of humankind during negotiations, as it had previously done in the context of the United Nations Convention on the Law of the Sea.
On the other hand, only seven out of 55 African countries have officially completed the ratification process. Kenya, Sierra Leone, and Cape Verde have ratified the treaty but still need to deposit their instruments with the United Nations. Thirty-four African countries have signed the agreement.
34 African countries have signed the BBNJ treaty, but only 7 have finalized the ratification process.
However, the threshold of 60 ratifications is expected to be reached during the United Nations General Assembly in September. The agreement would then enter into force 120 days later, on January 1, 2026, allowing time for translation, publication, and for states to prepare for implementation. Once in force, the first Conference of the Parties (COP) will be convened. The COP is the decision-making body that will oversee the treaty’s implementation and future development.
The obligations arising from the BBNJ agreement apply only to countries that have ratified it. Those that have not—including most African states—risk being excluded from its many benefits. These include decision-making power within the COP, without which countries cannot influence key decisions on implementation and resource allocation, nor designate protected areas in the high seas. Ratification also grants access to benefit-sharing arrangements related to marine genetic resource exploitation.
Before the COP, a Preparatory Commission will draft recommendations on key procedural and institutional matters. It will meet again from August 18 to 29 in New York. These meetings are open to all UN member states, and African states must attend if they want to influence the structures and processes that will implement the treaty.
Ensuring fair representation and benefit-sharing for African states, particularly regarding marine genetic resources, is essential to ensure the legitimacy and effectiveness of the new high seas governance regime established by the BBNJ agreement.
Countries that ratify the treaty will benefit from free access to the financial mechanisms established under the agreement. To support this, the High Ambition Coalition on BBNJ, co-chaired by the European Union (EU), Palau, and the Seychelles, brings together over 40 countries to promote the rapid ratification and implementation of the treaty.
Fair representation and benefit-sharing for African states are essential.
The coalition shares expertise and promotes global cooperation in ocean governance. The International Union for Conservation of Nature (IUCN) serves as its secretariat and provides scientific and legal support to help members achieve the treaty’s objectives. It also manages the EU-funded Global Ocean Programme (€40 million) to support countries’ participation in high seas biodiversity processes.
Once in force, the COP will operationalize the treaty, establish its institutions, and begin designating marine protected areas (MPAs) in the high seas. Several ecologically significant areas near Africa are likely to be considered, including the Walvis Ridge in the Atlantic off southwestern Africa and the Saya de Malha Bank, between the Seychelles and Mauritius.
These areas are crucial for migratory species, fisheries productivity, and ecosystem connectivity. Establishing marine protected areas could promote biodiversity conservation, fishery sustainability, and ecosystem resilience, while also supporting the livelihoods of coastal communities.
African countries can prepare for the post-ratification phase in two key ways. First, ministries in charge of the blue economy, fisheries, environment, science, international relations, and maritime security must coordinate and appoint national focal points. Ocean policies and strategies should be aligned with the treaty’s goals.
Some observers describe the BBNJ agreement as the first global framework for high seas governance. However, regional fisheries management organizations already exist, such as the Indian Ocean Tuna Commission, alongside other bodies like the International Maritime Organization (IMO) and the International Seabed Authority (ISA). Yet each operates under sectoral or regional mandates, leading to governance gaps and overlaps.
Countries that ratify the treaty will benefit from BBNJ’s financial mechanisms.
The BBNJ treaty provides a comprehensive and legally binding framework that coordinates and strengthens existing regimes. This approach is crucial for designating and managing MPAs in international waters. The COP can establish such zones and other tools, but must consult regional fisheries bodies when mandates overlap. States party to the BBNJ and these regional bodies must promote the goals of both instruments.
African countries should also prepare for the potentially high costs of managing MPAs. Strictly protected areas are usually less expensive to manage than multi-use zones, where monitoring, enforcement, and surveillance become more complex and costly—tasks that African countries have traditionally struggled with. One innovative solution involves using unmanned surface and underwater vehicles, enabling continuous and cost-effective surveillance over vast areas.
However, when a threat is detected, enforcement action must be taken, which can entail significant additional costs. Regional and international cooperation, joint patrols, and intelligence sharing will be necessary—particularly through the African Union and regional naval forces. This means Africa must develop robust maritime security strategies and strengthen regional cooperation.
UN Secretary-General António Guterres told delegates at UNOC3 that Africa is at the heart of ocean action. The momentum surrounding the BBNJ treaty presents an opportunity for African states to shape the future of high seas governance and protection, building on their long-standing experience and traditions in ocean stewardship.
Source: issafrica
