STATEMENT BY AMBASSADOR KAREN TAN, PERMANENT REPRESENTATIVE OF SINGAPORE TO THE UNITED NATIONS ON AGENDA ITEM 79, ON OCEANS AND THE LAW OF THE SEA, GENERAL ASSEMBLY, 8 DECEMBER 2015

1.         Mr. President, my delegation has for many years been a strong advocate of the oceans and seas, and an active participant in the various discussions and negotiations that take place at the United Nations on matters relating to the oceans.  We are a small island developing State with big dreams for the oceans.  We are members of the Group of Friends of the Oceans and Seas and a member of the Council of the International Seabed Authority.  We were also recently re-elected to the Council of the International Maritime Organisation, which we have been a member of since 1993.  We are firm believers in the critical role of the United Nations Convention on the Law of the Sea as the constitution of the oceans and seas.  We reiterate our call to all States to become party to the Convention.

2.         In my statement today, I will focus on three aspects: marine biological diversity of areas beyond national jurisdiction, the work of the International Seabed Authority, and forthcoming oceans events. 

Marine biological diversity of areas beyond national jurisdiction

3.         This year was a landmark year for the UN’s deliberations on marine biological diversity of areas beyond national jurisdiction (BBNJ).  On 19 June 2015, the General Assembly adopted, without a vote, resolution 69/292 on the development of an international legally-binding instrument under the Convention on the conservation and sustainable use of BBNJ.   Negotiations on the resolution were not straightforward.  Notwithstanding that, an agreement was reached to establish a preparatory committee to make substantive recommendations to the General Assembly on the elements of a draft text, and for the preparatory committee to start its work in 2016. 

4.         The issues on the table for the preparatory committee to deliberate on are incredibly complex.  The first preparatory committee will soon be upon us in just over three months.  My delegation looks forward to contributing constructively to the process.  We may not have all the answers.  But we need to be ready at least to ask the right questions.  Throughout our work, we also need to fully appreciate the existing legal framework, as provided by the Convention.  We must respect the closely interrelated nature of the provisions of the Convention and the delicate balance of interests enshrined therein. 

5.         It bears repeating that the Convention is the overarching framework for governance of the world’s oceans and seas.  This is recognised in various General Assembly resolutions, in various outcome documents of our meetings at the United Nations, as well as the outcome documents of summits and conferences including in relation to sustainable development.  Occasionally, though uncommonly, we see references to the Convention as setting out “a legal order for the seas and oceans”.  This happened most recently in paragraph 135 of the Secretary-General’s report (A/70/74).  This is unfortunate.  Particularly when elsewhere in the paragraph, the Convention is recognised as providing “the basis for addressing the closely interrelated problems of ocean space as a whole”.  My delegation’s starting point is, and has always been, the indisputable fact that the legal basis and legal regime for the oceans and seas is contained in the Convention.  The need for a full appreciation of this cannot be overstated, particularly as we embark on the next phase of discussions on the development of an international legally-binding instrument under the Convention.

6.         Further, my delegation is desirous of proceeding on the basis of consensus during all the BBNJ deliberations.  We learned from the history of the negotiating process of the Convention that the consensual approach, as embodied in the Gentleman’s Agreement, was integral to enabling the Convention to garner overwhelming support in the form of signatures from 117 States on the day the Convention opened for signature on 10 December 1982.  The consensus procedure has also been lauded for enabling the Convention to withstand the test of time.  We would do well to heed this lesson from history.  

The work of the International Seabed Authority

7.         In respect of the work of the Authority, Singapore reiterates our support for the Authority’s efforts to prepare draft regulations for exploitation as well as on a payment mechanism.  We welcome the deliberations, at the 21st Session of the Authority, over the regulatory framework for the exploitation of polymetallic nodules.  We were happy to have been able to contribute to the discussions.  We were also pleased to have been associated with efforts to promote a wider appreciation of the work of the International Seabed Authority.  In particular, earlier this year, the National University of Singapore’s Centre for International Law collaborated with the Authority to organise a workshop on mineral exploitation in the Area.  The workshop was successfully held in Singapore in June 2015.

8.         Singapore firmly believes that it is important to have a regulatory framework that is consistent with international law, including the Convention.  It is also critical that the framework ensures that the exploitation of resources in the Area is conducted in not only a commercially feasible manner, but also an environmentally sustainable one.  As an expression of this firm belief, earlier this year, Singapore enacted our Deep Seabed Mining Act and established a licensing regime to ensure that Singapore companies undertake exploration and exploitation activities in a responsible manner.  We look forward to the Authority’s continued work on the regulatory framework on exploitation, in consultation with relevant stakeholders.  We recognise that the development of the regulatory framework will most likely be an iterative process.  We call for the redoubling of our efforts, even while bearing in mind the resources available to the Authority. 

9.         Mr. President, my delegation was encouraged by the improved attendance at the 21st Session of the Authority in July this year.  That being said, attendance at the 21st Session still fell short of a quorum.  My delegation looks forward to greater participation at next year’s Session of the Authority, particularly considering the important work that will be undertaken then.   

Forthcoming oceans events

10.       In addition to the commencement of the work of the BBNJ preparatory committee in 2016, and the 22nd Session of the Authority, next year promises to be exciting year for a number of reasons.  I would like to highlight one of them.

11.       2016 marks the 10th anniversary of the entry into force of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) and the establishment of its Information Sharing Centre (ISC) in Singapore.  ReCAAP is the first regional government-to-government agreement to promote and enhance cooperation against piracy and armed robbery against ships in Asia.  To date, 20 States from across Asia, the Americas, Europe and Oceania have become Contracting Parties to ReCAAP.   Since its inception, ReCAAP ISC has established itself as a key centre for information sharing in the fight against piracy and armed robbery against ships in Asia.  The international shipping community has benefited from the timely and analytical reports of ReCAAP ISC, while cooperation between governments in the areas of information exchange, cooperative arrangements and capacity building has been enhanced through the ReCAAP framework.  Singapore continues to take a serious view on piracy and armed robbery against ships.  We are, therefore, pleased that ReCAAP ISC has developed over the past nine years into an important mechanism that enables littoral and user States to keep shipping in Asia safe and secure.

12.       Additionally, with the General Assembly’s recent adoption of the resolution on the United Nations Conference to Support the Implementation of Sustainable Development Goal 14, which Singapore co-sponsored, we look forward to the convening of the high-level conference in Fiji in June 2017.  Indeed, the adoption of the 2030 Agenda for Sustainable Development marked the beginning of a process.  The effective implementation of Sustainable Development Goal 14, which aims to conserve and sustainably use the oceans, seas and marine resources for sustainable development, will take political will. 

Concluding remarks

13.       Mr. President, my delegation thanks the Secretary-General for his comprehensive reports on this agenda item.  We thank Ambassador Eden Charles of Trinidad and Tobago for his work in coordinating the informal consultations on the draft omnibus resolution on Oceans and the law of the Sea.  We also thank Ms Alice Revell of New Zealand for her stewardship of the draft resolution on Sustainable Fisheries in her final year as coordinator this year, and over the years.  Additionally, we commend the Division for Ocean Affairs and the Law of the Sea for its sterling work and indispensable assistance to member States.

14.       Thank you.

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