Source: MIL-OSI Submissions
Source: Deep Sea Conservation Coalition
Negotiations to develop the rules and regulations that would govern the destructive deep-sea mining industry have ended in Kingston, Jamaica. If approved and adopted, the regulations proposed by the International Seabed Authority (ISA) would give the green light to risky deep-sea mining as soon as July 2023, which would undermine the health of our ocean at a time when we rely on it most.
New Zealand continues to ignore broad spectrum calls for a moratorium on the highly destructive, proposed activity. Government representatives attended in person for only part of the meeting and failed to participate in several critical aspects of negotiations relating to the make-up and functioning of the ISA. A United Nations mandated institution that many believe is outdated and not fit for purpose.
“The ocean needs political courage, and it needs it now. Minister Mahuta and our foreign affairs representatives well understand and accept that humanity’s understanding of deep-sea habitats is too limited and that strip-mining vast areas of the deep Pacific Ocean would have severe, long lasting, and wide-spread impacts. They also know that the ISA is a dinosaur that was designed some 40 years ago in a totally different global context when we weren’t facing multiple environmental crises. Yet they’re still on the train that leads to giving it the go-ahead.” says Phil McCabe, Pacific Liaison for the Deep Sea Conservation Coalition (DSCC).
Comprising 167 Member States plus the European Union, the ISA is explicitly charged with ensuring the protection of life in the deep from any proposed mining activities. Scientists continue to warn us that if the industry were to go ahead, its impacts would be felt across vast areas of the ocean and would be irreversible on multi-generational timescales. It also risks disturbing critical carbon sinks, would cause the extinction of species, and is likely to impact global fisheries. The Deep Sea Conservation Coalition (DSCC), a global coalition of almost 100 civil society organizations, has been advocating throughout negotiations for a moratorium, an official, global pause.
Duncan Currie, representing the DSCC at negotiations said: “It is clear from the past two weeks that ISA member states are starting to wake up to the fact that if deep-sea mining were to be given the go ahead in just over a year, the damage to the ocean and marine ecosystems would be irreparable, and critical carbon sinks could be at risk.” The German delegation present throughout negotiations told the Guardian last Friday that: “The current state of knowledge is, in our view, insufficient to proceed to exploiting mineral resources.”
“It is disappointing however that to date, no state has called for an outright moratorium” said Currie. “Time is running out. States need to commit to a moratorium and to see that no regulations for exploitation are approved. We must be perfectly clear: adoption of regulations means giving the green light to deep-sea mining.”
Appetite to ensure the protection of the marine environment has been evident throughout negotiations with stronger interventions from negotiators and greater levels of critical engagement than has previously been the case. Delegations including Costa Rica, and Canada have called to see the industry cause ‘no harm’ to the marine environment. Numerous member States and observers, including the DSCC and the Deep Ocean Stewardship Initiative (DOSI), have also warned of a lack of comprehensive independent scientific information that would be needed to monitor the industry, were it to go ahead. A lack of consideration of traditional, indigenous knowledge has also been an issue, spearheaded by FSM throughout negotiations.
Beyond Kingston, resistance to the industry continues to grow with political leaders and institutions, businesses, banks and financial institutions, civil society organizations and communities across the world calling for a pause.
Would-be miners claim that deep sea minerals are needed for batteries for smart technology, but it is increasingly clear that the battery industry is moving away from these metals. A new generation of batteries that either reuses these metals – or does not use them at all – is already starting to enter the market.
Sian Owen, Director of the DSCC commented: “As world leaders work to develop a global framework to reverse the decline of biodiversity and commit to taking urgent action to tackle climate breakdown, it is clearer than ever that deep-sea mining has no part in a sustainable future for our planet. Rather than opening up our ocean to a new frontier of industrial extraction, we should mine the wrecking yards, not our ocean.”
Delegates have consistently highlighted the fundamental flaws of the ISA including a lack of transparency within the Authority’s Legal and Technical Commission (LTC), the arm of the ISA charged with providing recommendations on whether to approve any commercial mining licenses. If the LTC recommends that an application for mining be approved, the Council (the decision-making arm of the ISA) would need to overturn the recommendation with a ⅔ majority, plus a majority in 4 ‘Chambers’. This clearly demonstrates the skew of the authority towards mining, rather than ocean protection. Currently the LTC meets behind closed doors and does not disclose details of approved exploration contracts. The transparency issues surrounding the LTC were particularly apparent as negotiations came to a close on Friday. Discussions on how to implement geographic representation within the LTC happened behind closed doors, with the summary presented once most delegations had left in the evening, and without translators present.
Matthew Gianni representing Earthworks at negotiations commented: “The international seabed makes up part of our global commons – it belongs to all of us. The International Seabed Authority should be an institution that represents us all, and in which every member of humankind can have full confidence in its structure, capacity, and processes. This is currently far from the case.” Gianni continued: “International commitments on nature and climate need to translate into urgent action on the floor of the ISA council. Anything less than a moratorium on the industry would be a failure.”
