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Upholding the Common Heritage of Humankind

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The "Upholding the Common Heritage of Humankind" is a historical speech delivered to the International Seabed Authority Assembly, on July 29th, 2024, by President Surangel S. Whipps Jr. of Palau. In this speech the President of Palau emphasized the historical significance of 1994, marking both Palau’s independence and the ratification of the UN Convention on the Law of the Sea.[1]

President Surangel S. Whipps Jr. delivering the speech at the 29th General Assembly of the International Seabed Authority in Kingston, Jamaica

Whipps highlighted Palau's commitment to protecting its ocean from exploitation, likening the current threat of deep-sea mining to a new form of colonialism.[2] He underscored Palau’s deep cultural connection to the ocean and the crucial responsibility of sovereign nations to safeguard the marine environment. Whipps advocated for a moratorium on deep-sea mining, invoking Palau’s traditional practice of BUL, which emphasizes ecosystem management and resource regeneration. He stressed the importance of traditional and Indigenous knowledge in preserving the ocean’s health, and commended the efforts of Pacific Indigenous representatives and the Federated States of Micronesia in highlighting the cultural significance of the ocean. The president urged the assembly to engage in broad consultations with traditional communities to protect these valuable areas.[3][4]

Background

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Whipps Jr. followed the footsteps of Arvid Pardo, a Maltese diplomat, renowned for his influential role in promoting the concept of the Common Heritage of Mankind. This principle emerged from Pardo's landmark speech to the United Nations General Assembly on November 1, 1967. Pardo argued that the seabed and ocean floor beyond national jurisdiction, along with their resources, should be considered the common heritage of mankind. He stressed that these areas should not be subject to national appropriation or exploitation by individual countries or corporations but should be managed for the benefit of all humanity.[5]

Pardo’s advocacy significantly influenced the formulation of the United Nations Convention on the Law of the Sea (UNCLOS). The treaty, adopted in 1982, incorporates the concept of the common heritage of mankind, particularly in its provisions concerning the deep seabed. It established the International Seabed Authority (ISA) to regulate activities in the seabed beyond national jurisdiction, ensuring that the exploration and use of marine resources are conducted for the benefit of all countries, especially developing nations.[6]

The speech of Whipps Jr. coincided with the 30th anniversary of Palau’s independence and the ratification of the United Nations Convention on the Law of the Sea (UNCLOS).[1]

Palau and Fiji Call for Deep-Sea Mining Moratorium

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On June 27, 2022, during the UN Ocean Conference in Lisbon, Palau and Fiji launched an alliance advocating for a moratorium on deep-sea mining due to its potential risks to ocean biodiversity.[7] Palauan President Surangel S. Whipps Jr. highlighted the dangers of deep-sea mining, which involves extracting mineral-rich nodules from the ocean floor, and questioned the wisdom of pursuing such activities without fully understanding the environmental consequences. This initiative by Palau and Fiji reflects broader global concerns, with nations like Chile also advocating for a pause on deep-sea mining due to scientific uncertainties.[8]

Speech

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In his speech Whipps Jr. challenged the claims of the deep-sea mining industry, pointing out that viable alternatives exist that do not involve the destruction of the ocean floor. He emphasized the unknown consequences of disturbing the deep seabed, such as disrupting carbon sequestration and affecting migratory fish stocks, which are vital for Palau’s economy and food security. He called for a precautionary approach, prioritizing long-term sustainability over short-term economic gains.[2]

Addressing the ISA, President Surangel Whipps Jr. of Palau said, "Let us not leave Jamaica having granted the mining industry a license to colonise the common heritage of humankind and destroy our greatest ally in our fight against climate change – our ocean."[9] He cited the example of Palau in the 1970s, when a proposal to construct a large port and oil storage facility on the island was presented. Although the project promised considerable economic benefits, it was ultimately rejected due to concerns over its potential environmental impact.[10]

Whipps concluded by reflecting on the legacy we leave for future generations, invoking Palauan culture’s emphasis on the health of the land and ocean. He called for the ISA to uphold the principles of UNCLOS and transform into a body that truly protects the ocean as the common heritage of humankind. Whipps urged unity in championing a moratorium on deep-sea mining, highlighting the need for science-backed decisions to ensure a healthy ocean for future generations.

Impact and reactions

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During the ISA assembly the momentum has grown significantly for the protection of oceans against deep-sea mining. As of August 2024, 32 nations have called for a halt to the commencement of deep-sea mining.[11] During the International Seabed Authority negotiations in Kingston, Jamaica, five new nations—Tuvalu, Austria, Honduras, Guatemala, and Malta—joined this growing coalition, bringing the total to 32 nations from the Pacific, Europe, the Caribbean, and Latin America advocating for a precautionary pause or moratorium.[12]

References

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  1. ^ a b "Stakeholders want changes at ISA, with a new Secretary General in Brazilian environmentalist Leticia Carvalho - Daily News". 2024-07-30. Retrieved 2024-08-22.
  2. ^ a b "A fraught election just reshaped the next steps for deep sea mining". MINING.COM. 2024-08-02. Retrieved 2024-08-22.
  3. ^ "Tuvalu calls for deep sea mining precautionary pause at ISA conference in Jamaica". RNZ. 2024-07-31. Retrieved 2024-08-22.
  4. ^ "Podcast: Investing for Ocean Impact". Blue Natural Capital. Retrieved 2024-08-22.
  5. ^ Ranganathan, Surabhi (April 2021). "What If Arvid Pardo Had Not Made his Famous Speech? (False) Contingency in the Making of the Law of the Sea". Oxford Academic.
  6. ^ education, Elaine Woo Elaine Woo is a Los Angeles native who has written for her hometown paper since 1983 She covered public; Local, Filled a Variety of Editing Assignments Before Joining “the Dead Beat”-News Obituaries – Where She Has Produced Artful Pieces on Celebrated; national; Figures, International; Mailer, including Norman; Child, Julia; in 2015, Rosa Parks She left The Times (1999-07-18). "Arvid Pardo; Former U.N. Diplomat From Malta". Los Angeles Times. Retrieved 2024-08-22.{{cite web}}: CS1 maint: numeric names: authors list (link)
  7. ^ Alberts, Elizabeth Claire (2022-06-30). "A year before deep-sea mining could begin, calls for a moratorium build". Mongabay Environmental News. Retrieved 2024-08-22.
  8. ^ "Palau, Fiji call for deep-sea mining moratorium - Taipei Times". www.taipeitimes.com. 2022-06-29. Retrieved 2024-08-22.
  9. ^ Tabacek, Kai (2024-08-01). "Five nations add to growing concerns about deep sea mining at key international meeting". Greenpeace UK. Retrieved 2024-08-22.
  10. ^ Tahir, Tariq. "Deep-sea mining's future rests on crucial vote". The National. Retrieved 2024-08-29.
  11. ^ Wright, Stephen (31 July 2024). "Nations join ranks to delay deep-sea mining approval by UN regulator".
  12. ^ Azam, Reza (2 August 2024). "Momentum has never been stronger for protecting the oceans against deep sea mining".
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