General Assembly Session 54 meeting 60

The Acting President

I call on the representative of Finland to introduce draft resolution A/54/L.31 and to make a statement on behalf of the European Union.

Mrs. Lehto (Finland)

I have the honour, as coordinator, to introduce draft resolution A/54/L.31 on agenda item 40, entitled "Oceans and the law of the sea". There are two other draft resolutions on this item: A/54/L.28, concerning the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and A/54/L.32, concerning the results of the review by the Commission on Sustainable Development of the sectoral theme of "oceans and seas". These draft resolutions will be introduced by the representatives of the United States and of New Zealand, respectively.

Since I am introducing draft resolution A/54/L.31 and also making a more general statement on behalf of the European Union, the first part of my intervention will be brief. A more complete text of the introduction will be circulated.

In addition to the countries referred to in document A/54/L.31, the sponsors of the draft resolution include the Federated States of Micronesia and the Philippines.

Draft resolution A/54/L.31 is the result of a series of open-ended consultations, and I wish to take this opportunity to express my appreciation for the active participation in these consultations of a great number of delegations. The sustained interest in the item is reflected in the fact that the draft resolution contains nearly 20 entirely new paragraphs. Some of the more traditional preambular and operative paragraphs have also been considerably reworded and updated.

The focus of the draft resolution, as in previous cases, is to recall the strategic importance of the United Nations Convention on the Law of the Sea as the framework for action in the marine sphere, and to welcome the increase in the number of States parties to the Convention, while encouraging States that have not yet done so to become parties to the Convention and to the 1994 implementation Agreement. As previously, it also comments on recent developments with regard to the three institutions established by the Convention: the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf.

At the same time, reflecting the report of the Secretary-General (A/54/429) on this item, the draft resolution comments on other developments and issues relating to ocean affairs and the law of the sea. This year such issues include the dumping of nuclear waste and other toxic substances, the regional seas programme of the United Nations Environment Programme (UNEP), the increasing threat to shipping from piracy and armed robbery at sea, the importance of enhancing the safety of navigation and the continued work of the United Nations Educational, Scientific and Cultural Organization towards a convention on the protection of the underwater cultural heritage. The draft resolution also takes note of the major challenges, as well as of the areas of particular concern facing the international community with regard to the seas and oceans as they are formulated in the recommendations of the Commission on Sustainable Development.

Developments during the past few years have confirmed the overall trend towards universal participation in and adherence to, the legal regime established by the Convention. Ensuring a coordinated approach to the implementation of the Convention has therefore become a priority. The draft resolution calls upon States to harmonize as a matter of priority their national legislation with the provisions of the Convention and to withdraw any declarations that are not in conformity with it.

The draft resolution also recognizes the increasing need, particularly of developing States, for advice and assistance in the implementation of the Convention and the Agreement. In this context, it is noted that developing countries, in particular small island developing States, may need assistance in the preparation and publication of charts required by the Convention, and the international community is urged to give them such assistance as appropriate.

The draft resolution highlights the importance of the annual comprehensive report of the Secretary-General, as well as the importance of the manifold activities of the Division for Ocean Affairs and the Law of the Sea of the Secretariat's Office of Legal Affairs. The Secretary-General is requested to continue to carry out the responsibilities entrusted to him in the Convention and in related General Assembly resolutions.

The final paragraphs of the draft resolution, concerning the annual review and evaluation by the General Assembly of the implementation of the Convention and other developments relating to ocean affairs and the law of the sea, make reference to the resolution to be adopted under sub-item 40 (c), which will set out the modalities for an improved debate on this item next year.

Before concluding the first part of my intervention, I would like once more to thank all the delegations that participated in the consultations on draft resolution A/54/L.31 for their important contributions and their remarkable spirit of cooperation. I would also like to thank the staff of the Division for Ocean Affairs and the Law of the Sea for their highly competent assistance, which once again was invaluable to our work.

As Finland currently holds the presidency of the European Union, I will now continue with more general remarks, which I have the honour to deliver on behalf of the European Union. The Central and Eastern European Countries associated with the European Union -- Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland, Romania, Slovakia and Slovenia -- and the associated countries of Cyprus and Malta, align themselves with this statement.

In recent years, particular attention has been paid to strengthening cooperation in ocean affairs. The new developments correspond to an acutely felt need for more coordination in this area. As pointed out in the Secretary-General's report now before us, the natural characteristics of the oceans make it impossible to limit the resources and various uses and physical processes of the oceans within specified politically and legally defined boundaries. This led to the fundamental principle enshrined in the United Nations Convention on the Law of the Sea that the problems of ocean space are closely interrelated and need to be considered as a whole.

Following the 1998 International Year of the Ocean, the United Nations Commission on Sustainable Development emphasized in the report of its seventh session the importance of international cooperation in ensuring that the oceans and seas remain sustainable through integrated management. All States will be sure to benefit from the sustainable use of the oceans and seas within the framework of the United Nations Convention on the Law of the Sea and Agenda 21.

For the promotion of improved cooperation and coordination, the Commission recommended that the General Assembly establish an open-ended informal consultative process, or other processes upon which it may decide, to discuss relevant issues within the Assembly's mandate. The European Union supported (decision 7/1) of the Commission, which was later endorsed by the Economic and Social Council.

We also fully support the establishment of an open-ended informal consultative process, which is to be decided upon under sub-item 40 (c). The process will operate through convening annual meetings. It will identify issues to be considered by the General Assembly, as well as areas where coordination and cooperation at the intergovernmental and inter-agency level should be enhanced. The annual meeting of the process should deliberate on the Secretary-General's report on oceans and the law of the sea, with due account given to any particular requests of the General Assembly, any relevant special reports of the Secretary-General and any relevant recommendations of the Commission on Sustainable Development.

To be meaningful, a process dealing with the vast area and the various uses of the oceans and seas by definition needs to be open-ended and transparent. It is of great importance to the European Union that the process ensures opportunities for civil society, representing various major interest groups in sustainable development and ocean affairs, to give inputs and thereby enrich our future deliberations. It is our understanding that the draft resolution we are about to adopt under sub-item 40 (c) provides for such participation.

It is also particularly important that international fisheries organizations, as well as environmental organizations, can be part of the process and share their expertise with other participants.

Obviously, any consideration of ocean uses shall be conducted within the legal framework of the Convention on the Law of the Sea. It is today as important as it was at the adoption of the Convention to recognize that all aspects of oceans and seas are closely interrelated and need to be considered as a whole. This is also in line with the objectives of sustainable development, as described in Agenda 21.

The Law of the Sea Convention is the cornerstone of the international efforts to solve problems related to the seas and oceans. Given its significant role for the management of the world's oceans, universal acceptance of the Convention -- as well as of the Agreement relating to the implementation of Part XI of Convention -- is important. The European Union notes with satisfaction that the number of parties to the Convention has continued to increase. Presently, the Convention has 132 parties, among them nearly all of the member States of the European Union, as well as the European Community.

It should be noted, however, that a number of States that have ratified the Law of the Sea Convention have still not adhered to the Agreement. Once again, we call upon those States to ratify the Agreement as well. It is important that all States continue to work towards a universal, uniform and coherent body of law for the oceans and that they become parties to both the Convention and the Agreement.

Once again, we also note with concern that notwithstanding article 310 of the Convention, a number of States have made declarations that appear to exclude or modify the legal effect of certain provisions of the Convention. As the Convention clearly states in article 309 that reservations may not be made, such declarations cannot have any legal effect. Similarly unacceptable is national legislation not in compliance with the Convention. The European Union is particularly concerned about unilateral measures that disturb the jurisdictional balance and claim authority in maritime space where no such authority exists in law. We want to underline that the Convention was adopted as a package and that respect for its integrity as a whole must be maintained and safeguarded.

As in previous years, the Secretary-General's report on sub-items (a) and (c) offers a comprehensive account of events and developments in the course of the reporting period. With particular appreciation, we note the detailed and interesting discussion in chapter VII of the report of matters concerning the development and management of marine resources and the protection and preservation of the marine environment.

As concerns institutional developments, the European Union appreciates the fact that the International Tribunal for the Law of the Sea is now fully functioning and has already delivered major decisions in four cases. The Tribunal has an important role in the dispute settlement mechanism established by the Law of the Sea Convention.

The International Seabed Authority has continued to establish its working procedures. It is to be hoped that the substantive work of the Authority will be conducted in an expeditious and cost-effective way. In this regard, we note with satisfaction the commitment of the members of the Authority to work towards the adoption during 2000 of the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area.

Similarly, we take note of the progress made in the Commission on the Limits of the Continental Shelf in adopting its Scientific and Technical Guidelines and an action plan on training, taking into account in particular the needs of developing States.

The European Union also considers it of crucial importance that all parties to the Convention pay their contributions to the Authority and to the Law of the Sea Tribunal in full and on time, and that States which are former provisional members of the Authority pay any outstanding contributions. The European Union emphasizes the need for the Tribunal and the Authority to ensure that their budgetary proposals are fully cost-effective, which in our view means that they should not be higher than those approved for the year 2000.

The European Union welcomes the work of the International Maritime Organization over the last year to tackle the serious problem of piracy and armed robbery against ships. This has helped to raise awareness and offer practical guidance on how to deal with incidents of piracy and armed robbery. However, the European Union remains concerned about the number of attacks against ships and the increased use of violence in such attacks. We believe that regional cooperation is essential if the action by coastal States is to be effective. Therefore the European Union urges all coastal States to cooperate and take all possible action to prevent attacks against shipping in areas under their jurisdiction and to investigate such attacks when they occur. In addition, the European Union calls on flag States to ensure that their shipping companies take appropriate precautions to protect their ships and crews from attack. The European Union continues to support the efforts and initiatives of the International Maritime Organization in this area and calls upon all Governments, particularly those in the areas most affected, to work with the IMO to eliminate these unlawful activities.

The European Union has continued its efforts to prevent illegal trafficking and transportation of migrants by sea. The member States of the European Union are actively participating in the elaboration of a protocol addressing smuggling of migrants by land, air and sea in the context of the preparation of a convention to combat transnational organized crime under the auspices of the United Nations Commission on Crime Prevention and Criminal Justice. Smuggling of migrants frequently takes place by sea. The European Union considers it especially important that the smuggling of migrants be prevented. Next to criminalizing specific activities, effective prevention will require in particular increasing the cooperation between the appropriate authorities of States.

In the field of fisheries, the European Union recognizes the significance of the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks as an important contribution to ensuring the conservation and management of these stocks. The instruments of ratification of the European Community and its member States will be deposited simultaneously at the United Nations as soon as national procedures are finalized in each State. We hope to conclude this process in the near future. The European Union calls upon States that have not done so to ratify or accede to the Agreement.

The European Union attaches great importance to the integration of environmental, economic and social issues into sustainable fisheries management. We also stress the importance of control measures to enforce sustainable limits on the exploitation of specific fish stocks agreed in the framework of international organizations. Furthermore, the European Union urges the widespread incorporation into national fisheries sector working practices of guidance offered by the Code of Conduct for Responsible Fisheries. All States and fisheries management organizations need also to make special efforts to address the problem of illegal, unregulated and unreported fishing, which undermines all our efforts to achieve sustainable management of fisheries.

The European Union welcomes the work of UNEP to coordinate action by United Nations agencies and programmes in support of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities. We emphasize the urgency of integrated action to prevent land-based pollution, which damages the vital resources of the seas and hampers their role in eradicating poverty.

The European Union also emphasizes the importance of the protection of the underwater cultural heritage, as reflected in draft resolution A/54/L.31.

Efforts to develop and codify international law have been particularly successful in the field of the law of the sea. Together with its implementing Agreements, the Convention on the Law of the Sea provides a constitution for the oceans that not only regulates the various uses of the seas but also thereby promotes the cause of peace and security.

The recent developments in the area of ensuring that the oceans and seas remain sustainable through integrated management lend additional relevance to the Convention regime. Likewise, the need for international coordination and cooperation highlighted by the Commission on Sustainable Development reflect well the goals and objectives of the Convention. At the same time, we would emphasize the importance of capacity-building in ways which are relevant to the needs of developing countries and which will facilitate their full participation in the integrated management of the ocean environment. Such developments are essential to the achievement of a global response to the work of the Commission on Sustainable Development.

As in the past, the European Union recognizes the important functions of coastal ecosystems to human welfare. This is particularly relevant in the case of small island developing States. In this regard, we recall the recent special session of the General Assembly for the review and appraisal of the implementation of the Programme of Action for the Sustainable Development of Small Island Developing States, and we are pleased that all participants in the session have reaffirmed their commitment to implement the Barbados Programme of Action.

The General Assembly is about to take another important step in the development and management of the ocean environment. The European Union gives its support to the draft resolutions before us.

In conclusion, we would like to thank the Secretary-General and the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs for the extensive and informative report on "Oceans and the law of the sea". It provides proof of the professional skills of the Secretariat in this field and bodes well for the new informal consultative process to promote consideration of ocean affairs at the United Nations.

The Acting President

I give the floor to the representative of the United States to introduce draft resolution A/54/L.28.

Mr. Ortique (United States)

I am speaking on behalf of Rear Admiral J. S. Carmichael, who regrets that he is unable to be here today owing to weather conditions in Washington.

My delegation has the honour to introduce, on behalf of the other sponsors, the draft resolution entitled "Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks", contained in document A/54/L.28.

In the past several years major emphasis has been placed on sustainable fisheries at both the governmental and the intergovernmental levels. Most notably, this year the Committee on Fisheries of the Food and Agriculture Organization of the United Nations (FAO) made important progress by endorsing three international plans of action: the International Plan of Action for the Management of Fishing Capacity, the International Plan of Action for the Conservation and Management of Sharks, and the International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries. The United States is a strong supporter of the FAO international plans of action and participated actively in their development. The United States urges all countries to actively implement these important international plans of action by the timetables agreed to in the plans. We also wish to underscore the urgent need for the entry into force of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and the FAO Agreement to Promote Compliance with Conservation and Management Measures by Fishing Vessels on the High Seas, as described in the report of the Secretary-General on agenda item 40 (b) (A/54/461). We urge all Governments if they have not already done so to become parties to these agreements as soon as possible.

The United States believes that one of the most effective ways nations can promote sustainable fisheries and address the problems of illegal, unregulated and unreported fishing is to implement the provisions contained in the United Nations Fish Stocks Agreement, the Compliance Agreement, and the FAO Code of Conduct for Responsible Fisheries. The United States will support the work of the International Maritime Organization in addressing the problem of illegal, unregulated and unreported fishing, and urges other States to do likewise.

In introducing the text of the draft resolution entitled "Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks", contained in document A/54/L.28, I would like to draw the attention of delegations to a technical correction to footnote 5 of that draft resolution. That footnote should read as follows:

"The Convention Area for the Commission for the Conservation of Antarctic Marine Living Resources as contained in document A/54/429, paras. 249-257 and 300-304".

My delegation also has the honour to be among the sponsors of draft resolution A/54/L.31, entitled "Oceans and the law of the sea", as well as of the draft resolution on coordination and cooperation regarding sustainable development (A/54/L.32). Once again, we would like to extend our gratitude to all those delegations which offered valuable suggestions and worked in a spirit of cooperation to draft these texts.

The United States wants to express its long-standing support for the 1982 United Nations Convention on the Law of the Sea. With paragraph 1 of draft resolution A/54/L.31 in mind, we are continuing to pursue ratification with the goal of becoming a party to the Law of the Sea Convention and to the Agreement relating to the implementation of Part XI of the Convention. We support the call early in the draft resolution for States to harmonize as a matter of priority their national legislation with the provisions of the Law of the Sea Convention. Consistency would also be advanced, and it is in the interests of all that declarations and statements that are not in conformity with the Convention be withdrawn.

Concurrent with this idea of consistency is the noting in paragraph 30 of draft resolution A/54/L.31 of the continued work towards the development of a draft convention relating to underwater cultural heritage to assure full conformity with the relevant provisions of the Law of the Sea Convention. In this regard, the United States believes that there are still substantial issues on which there must be consensus before a draft convention can be considered for adoption, in particular the extent of coastal-State jurisdiction over underwater cultural heritage in the exclusive economic zone and on the continental shelf seaward of 24 nautical miles, and the treatment of vessels and aircraft entitled to sovereign immunity.

The United States shares the concerns expressed in paragraphs 20 through 23 regarding the need to cooperate to suppress acts of piracy and robbery at sea. We welcome the call in paragraph 23 for wider ratification and effective implementation of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol. We believe that this will provide an international legal basis for cooperation in the apprehension and prosecution of such criminals.

In its paragraph 14, draft resolution A/54/L.31 refers to the work of the Commission on the Limits of the Continental Shelf. It is important that the Commission proceed in a cautious manner in addressing the difficult issues of law, science and the relationship of the continental shelf and the deep sea ocean floor that it must inevitably face. It is important to keep in mind that only a minority of States have continental margins that extend beyond 200 miles. Regarding paragraph 19, we note that article 207 of the Law of the Sea Convention calls upon States to take measures to prevent, reduce and control pollution of the marine environment emanating from land-based sources. In this regard, we are extremely pleased that parties to the Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region recently concluded and opened for signature a unique protocol on this very subject. We believe that this protocol will make a significant contribution to the sustainable development of the marine environment of the Caribbean Sea and the Gulf of Mexico.

Also this year, the Commission on Sustainable Development addressed oceans and seas as one of its themes. This Commission session resulted in a decision that highlights major challenges and areas of particular concern for oceans and seas, in our opinion. This decision should serve as an important guide for the work of countries and the General Assembly to conserve and manage our vital ocean resources.

The United States welcomes the inclusion of sub-item 40 (c) calling for an improvement in coordination and cooperation on matters relating to oceans and seas. This was an important outcome of the recent meeting of the Commission on Sustainable Development. The full General Assembly review and debate, presaged in the clear language of Agenda 21, has now come to fruition. The debate will be informed, as the Secretary-General's report will be available for review in advance of the informal consultative process. The principles set forth in the Commission decision have been fully taken into account by the resolution. Our Government urges the involvement of the appropriate intergovernmental agencies, organizations and major groups. Only through such participation will we truly be able to identify how improvements and refinements can be made in this area. Governments will be undertaking this process secure in the knowledge -- and I quote from Agenda 21, Chapter 17 -- that the United Nations Convention on the Law of the Sea:

"sets forth rights and obligations of States and provides the international basis upon which to pursue the protection and sustainable development of the marine and coastal environment and its resources".

We thank the group of South Pacific countries (SOPAC), the Rio Group, the Governments of New Zealand and Mexico and all of those who participated in this important negotiation. We look forward to the first meeting of this group in May. The positive and constructive spirit of these negotiations bodes well for our future.

In summary, Mr. President, the United States' objectives continue to be: first, promotion of widespread adherence to and implementation of the provisions of the Law of the Sea Convention and the 1994 Agreement; secondly, implementation of the Convention and the Agreement in a cost-effective manner with budgets held to the minimum; thirdly, the entry into force of the United Nations Fish Stocks Agreement and the compliance agreement; and, finally, provision for an annual overview of oceans issues in the General Assembly under a single agenda item. A large measure, but we are equal to the task.

Ms. Hallum (New Zealand)

I have the honour, on behalf of the sponsors, to introduce draft resolution A/54/L.32, entitled "Results of the review by the Commission on Sustainable Development of the sectoral theme of oceans and seas': international coordination and cooperation". In addition to the 32 countries listed to in A/54/L.32 the sponsors include France, Ireland, Italy, Japan, Monaco, Panama, Philippines, Portugal, Slovenia and the United Kingdom.

The draft resolution before us is a new resolution that follows on from the Commission on Sustainable Development's review of the theme "oceans and seas" at its seventh session in April this year. The Commission devoted considerable time and attention to the need for improved international coordination and cooperation on oceans-related issues. The Commission was convinced that, building on existing arrangements, a more integrated approach was required to all legal, economic, social and environmental aspects of the oceans and seas, both at the intergovernmental and inter-agency level. In order to achieve this goal, the Commission made a number of concrete recommendations.

The draft resolution before us today carries forth and implements those recommendations and is the result of a lengthy process of collaborative work amongst a large number of delegations. The sponsors would like particularly to thank Mr. Navid Hanif of Pakistan and Mr. John Holmes of Canada for the able manner in which they chaired the open-ended consultations on the draft resolution, as well as all delegations for their constructive input and involvement. We also thank the Secretariat, both the Division for Oceans Affairs and the Law of the Sea and the Division for Sustainable Development, for their assistance.

The draft resolution recalls the importance of the oceans and seas for the well-being of present and future generations and emphasizes the interrelated nature of all aspects of oceans and seas and their need to be considered as a whole. The fact that the United Nations Convention on the Law of the Sea sets out the legal framework within which all activities in the oceans and seas must be carried out is recognized, as also acknowledged in Chapter 17 of Agenda 21. The important role played by international organizations in ocean affairs and in promoting sustainable development is noted, as is the contribution of major groups identified in Agenda 21. The draft resolution welcomes the review of the theme of "oceans and seas" by the Commission on Sustainable Development and endorses its recommendations on the subject of international cooperation and coordination.

The crux of the draft resolution is set out operative paragraphs 2 and 3. Operative paragraph 2 establishes an open-ended informal consultative process to facilitate the General Assembly's annual review of developments in ocean affairs. This consultative process will meet to consider the Secretary-General's report on oceans and the law of the sea and will suggest particular issues to be considered by the Assembly, with an emphasis on identifying areas where coordination and cooperation at the intergovernmental and inter-agency levels should be enhanced.

Operative paragraph 3 sets out a number of matters relating to the organization of the meetings of the consultative process, namely: participation, duration and timing, matters to be taken in to account within the process, the chairmanship of the process, the format for the meetings, input from major groups and the link between the consultative process and the General Assembly's annual review. The meetings of the consultative process in the year 2000 will take place from 30 May to 2 June.

The importance of participation by developing countries, including least developed countries and small island developing States, is highlighted, and States and international organizations are encouraged to support efforts to that end. In order to facilitate the consultative process the Secretary-General is requested to make his annual comprehensive report available in advance of the consultative-process meeting and to include in the report suggestions of initiatives that could be undertaken to improve coordination and cooperation and to achieve better integration. The General Assembly will review the effectiveness and utility of the consultative process in three years' time.

Operative paragraph 8 carries forth the recommendations of the Commission regarding coordination at the inter-agency level. The Secretary-General is requested to undertake measures both with regard to coordination between relevant parts of the Secretariat and the United Nations system and with regard to the Administrative Committee on Coordination's Subcommittee on Oceans and Coastal Areas.

Operative paragraph 9 acknowledges the importance of coordination at the national level in order to promote an integrated approach.

Operative paragraph 10 requests the Secretary-General to bring the resolution to the attention of relevant intergovernmental organizations, specialized agencies and funds and programmes. The participation of these organizations and bodies both in the consultative process -- as provided for in operative paragraph 3 (a) -- and in the preparation of the Secretary-General's report is crucial if the consultative process is to be a success.

Operative paragraph 11 invites Member States to likewise encourage intergovernmental organizations to participate and to contribute to the Secretary-General's report.

It is hoped that the consultative process will considerably enhance this Assembly's ability to review developments in ocean affairs and the law of the sea. It should also, over time, lead to better coordination of the many-faceted activities being carried out by the international community on, in and around the oceans, thus promoting the integrated approach that is at the heart of the Convention.

I commend this draft resolution for adoption without a vote.

Mr. Naidu (Fiji)

I have the honour to make this statement on behalf of the following South Pacific countries: Australia, the Marshall Islands, the Federated States of Micronesia, New Zealand, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Vanuatu and my own country, Fiji.

For obvious reasons, the ocean is of immense importance to the South Pacific Group. We are a diverse group of countries separated by great distances. Despite this, we all share a common bond: the Pacific Ocean. The countries of our region are custodians of a great expanse of the world's oceans, and our joint responsibility over this vast area unites us in a common purpose. The collective exclusive economic zones of the 16 South Pacific Forum countries amounts to more than 30 million square kilometres. The ocean is our traditional provider, and for many of us its bounty continues to be the principal resource for our continued economic survival.

We are concerned that, despite all the efforts that have been undertaken in recent decades by the international community to achieve the effective development and management of the oceans, the state of the oceans in many parts of the world remains precarious.

We consider that the annual review by the General Assembly of the developments in ocean affairs and the law of the sea is very important, and the South Pacific Group has always taken an active and constructive part in this review. The General Assembly is the only body within the United Nations family that can bring together all the complex and interrelated aspects of ocean governance, and we believe it should do so in a way that takes into account the views of all the various sectoral interests and actors. We also think the General Assembly should encourage the input and involvement of the wider oceans community. Given that the General Assembly is the only place in the international system where such a regular and comprehensive review takes place, it is crucial that it respond to the challenges posed by its responsibilities in this area.

The legal foundations for our work are very sound, and with the increasingly wide acceptance of the Convention on the Law of the Sea they are becoming more and more deeply rooted. However, this on its own is clearly not enough. As the Secretary-General of the International Seabed Authority and former Ambassador of my country, Mr. Satya Nandan said in this debate last year,

"The establishment of the rule of law, albeit a major achievement, is not an end in itself, but a means towards a more orderly and rational use of the oceans and their resources." (A/53/PV.69, p. 33)

The legal framework provided by the Convention sets up a complex and interrelated network of international organizations and agencies, each with its own particular tasks, mandates and responsibilities. We are at the stage where these organizations and States are striving to implement the Convention and to carry out a diverse range of economic, scientific, environmental and technical activities on the basis of its provisions. In addition, there are a considerable number of separate conventions and treaties related to the use and protection of oceans and seas, with their organizations and agencies, which fit within the overall framework provided by the Convention.

The result is incredibly complicated, and it is difficult to get a coherent picture of all the developments and how they relate to each other. Suffice it to say that there are many different players with responsibilities relating to the oceans, including the International Maritime Organization, the United Nations Educational, Scientific and Cultural Organization, the Food and Agriculture Organization, the International Hydrography Organization, the United Nations Environment Programme, the United Nations Development Programme, the International Seabed Authority, the World Meteorological Organization, the World Health Organization, regional fisheries management organizations and regional environmental organizations.

The complex nature of the activities being carried out is reflected in the Secretary-General's annual comprehensive report. The report, which this year runs to some 100 pages, provides a broad and far-reaching summary of developments in the area of oceans and the law of the sea over the past year, and includes aspects such as peace and security issues, navigation, marine living resources, marine non-living resources, the protection of the environment and marine-science issues.

The General Assembly needs to review all these developments in an integrated and holistic manner. Individual sectors of the oceans community tend to become immersed in their particular activities and are often unaware of developments and activities in different sectors, even when these activities overlap. Without proper coordination and an integrated approach, there is a risk of ineffective and inappropriate policy-making and action based on sectoral considerations that may not accord with the overall aims and needs of the international community and the balance of interests in the Convention. We need each year to take an overview of all the work that is being carried out within this complex framework -- to take stock of what has been achieved and to consider whether there are any problems, gaps or overlaps which could be addressed.

In this regard, the South Pacific Group of countries is very pleased to have been actively involved in efforts that have taken place over the past year to improve the ability of the General Assembly to conduct its annual review by providing a forum in which this type of integrated and practically focused discussion can take place.

This issue was one of the main subjects of discussion in the Commission on Sustainable Development's review of the theme of "Oceans and seas", which took place earlier this year under the chairmanship of the New Zealand Minister for the Environment, Mr. Simon Upton. The Commission was able to make a number of action-oriented recommendations designed to improve international cooperation and coordination at both the intergovernmental and the inter-agency levels. In particular, the Commission recommended that an open-ended consultative process be established under the aegis of the General Assembly to facilitate the General Assembly's review.

Since the Commission's session in April and the adoption of its recommendations by the Economic and Social Council, the South Pacific Group has worked with other lead co-sponsors on the preparation of a draft resolution under sub-item (c) of agenda item 40, which puts into place the recommendations of the Commission on Sustainable Development on international cooperation and coordination of oceans-related issues. This draft resolution was elaborated in a series of open-ended informal consultations under the able co-chairmanship of Navid Hanif of Pakistan and John Holmes of Canada. We would like to thank both co-Chairmen for the very valuable role they played in coordinating the discussions, as well as all delegations for their participation and constructive involvement in this endeavour. We believe that the draft resolution before us today provides a very sound basis for the establishment of the oceans consultative process, which will hold its first session from 30 May to 2 June 2000.

The South Pacific Group looks forward to participating effectively in the meetings of the oceans consultative process. As the draft resolution notes, effective coordination at the national level is essential to an integrated approach at the international level. Accordingly, our preparations for the oceans consultative process will need to involve all the relevant agencies which are engaged in oceans issues at the domestic level. We will also be endeavouring to involve relevant regional organizations in the process, such as the Forum Fisheries Agency and the South Pacific Regional Environment Programme, as well as appropriate bodies from civil society. We note that the draft resolution provides for the Secretary-General's annual report on oceans and the law of the sea to be made available in advance of the session of the oceans consultative process and that it requests the Secretary-General to complement the report with suggestions on initiatives that could be undertaken to improve coordination and cooperation and to achieve better integration.

We hope that the co-chairpersons of next year's meetings of the oceans consultative process will be appointed at an early stage so as to enable them to carry out all the necessary preparatory work to ensure the meetings' success. We cannot afford to waste valuable meeting time discussing preparatory and organizational issues. With regard to the appointment of the co-chairpersons, the draft resolution notes the need to have representation from both developed and developing countries. We would further suggest that one of the co-chairpersons have experience on sustainable development and practical oceans management, while the other be an international lawyer with a good background in the law of the sea.

Before closing, I would like to thank the coordinators of the other two draft resolutions before us today, one under item 40 (a) on oceans and the law of the sea and the other under item 40 (b) on the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The South Pacific Group takes a close interest in both these draft resolutions. We particularly note the reference in the draft on oceans and the law of the sea to the need for small island developing States to be given assistance in the preparation and publication of charts, as required by the Convention. We also welcome the decision of the Commission on the Limits of the Continental Shelf to convene an open session next year to familiarize interested States with the Commission's work and with what is involved in submitting a claim to the Commission.

With regard to the draft resolution on the Agreement on straddling stocks, we are pleased to be able to announce that additional members of our group have ratified the Agreement over the past year and that others are in the final stages of completing the necessary domestic steps to allow ratification. In addition, work has been under way over the last three years on the negotiation of a fisheries management regime for tuna in the Western and Central Pacific. This management regime should give effect to the straddling stocks Agreement and incorporate the principles on which it is based, such as the precautionary principle, the principle of cooperation and the promotion of the long-term conservation and sustainable use of stocks.