[PDF] République du Sénégal Un Peuple-Un But-Une Foi DELEGATION

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Draft submission Senegal

République du Sénégal

Un Peuple-Un But-Une Foi

DELEGATION DU SENEGAL

PRECOM 3

Draft submission Senegal

I. Preambular elements

II. General elements

A. Use of terms

B. Scope / Application

1. Geographical scope

2. Material scope

3. Personal scope

C. Objective(s)

D. Relationship to UNCLOS and other instruments

IA should not conflict but rather complement existing organizations. To that end, it should develop cooperation and collaboration mechanisms with existing organizations and entities.

III. Conservation and sustainable use of marine

biodiversity of areas beyond national jurisdiction

A. General principles and approaches

The participation of civil society and other actors should be welcomed

B. International cooperation

C. Marine genetic resources, including questions on the sharing of benefits

1. Scope

2. Guiding principles and approaches

Draft submission Senegal

3. Access and benefit-sharing

a) Access to and collection of marine genetic resources of areas beyond national jurisdiction b) Sharing of benefits from the utilization of marine genetic resources (1) Objectives of benefit-sharing (2) Principles guiding benefit-sharing (3) Benefits (4) Benefit-sharing modalities c) Relationship to intellectual property rights

4. Monitoring of the utilization of marine genetic resources of areas beyond national jurisdiction

5. Clearing-house and information sharing

6. Special requirements of SIDS

D. Measures such as area-based management tools,

including marine protected areas

1. Objectives of ABMTs, including MPAs

The objective of ABMTs is conservation and

sustainable use, which means there should be a range of protections, including fully protected marine reserves where no extractive activity is authorized.

2. Guiding principles and approaches

Draft submission Senegal

3. Process for the establishment of ABMTs, including MPAs

a) Identification of areas b) Designation process (1) Proposal (2) Consultation on and evaluation of the proposal

The process of establishing MPAs must

include, at a minimum, consultation with all relevant regional and sectoral bodies as well as stakeholders

Additionally, the proposal must be

reviewed and evaluated by a scientific body to ensure that it meets its goals and is based on the best available science and the precautionary approach (3) Designation

Draft submission Senegal

4. Follow-up to the designation / implementation Existing sectoral and regional bodies are not sufficient in implementing the goals of the IA. Indeed, some regions already struggle with capacity issues - additional and excessive bodies in those regions would add to, rather than alleviate, that struggle. A global decision-making body that has the capacity to take binding measures to implement an MPA is necessary to remain in line with the spirit of 69/292

5. Relationship to ABMTs, including MPAs, established prior to the instrument and/or under relevant legal instruments and frameworks and relevant global, regional and sectoral bodies New IA must have universal mechanism for establishment of ABMTs that would respect the mandate of existing bodies

6. Capacity-building and transfer of marine technology

7. Monitoring and review

E. Environmental impact assessments

Draft submission Senegal

1. Obligation to conduct EIAs

2. Guiding principles and approaches EIAs should be clear, transparent, and effective.

3. Activities for which an EIA is required

4. EIA process The EIA process should allow for public participation, which should include academia and civil society.

5. Content of EIAs

An EIA must include a description of the proposed

activity, a description of the environment that would be potentially affected, an assessment of the possible impact of the proposed activity, including direct, indirect, cumulative, short-term, and long-term impacts, and an identification of the measures taken to mitigate those impacts.

6. EIAs for transboundary impacts TEIAs should be required both for activities occurring within national jurisdiction that affect

ABNJ as well as activities occurring in ABNJ that

affect areas under national jurisdiction.

7. Strategic environmental impact assessments

8. Compatibility of EIA measures

Draft submission Senegal

9. Relationship to EIAs undertaken under relevant legal instruments and frameworks and relevant global, regional and sectoral bodies

10. Information dissemination / clearing-house mechanism Results of EIAs should be publicly shared.

11. Capacity-building and transfer of marine technology

12. Monitoring and review There should be periodic and regular review of the implementation. Adequate follow-up on EIAs is necessary to ensure that the environment is being adequately protected.

Draft submission Senegal

F. Capacity building and transfer of marine technology

1. Objectives of capacity-building and transfer of marine technology

2. Scope of capacity building and technology transfer

a) Capacity-building b) Technology transfer

3. Principles guiding capacity-building and transfer of marine technology

Meaningful capacity building and technology transfer should be long term and meet the needs and goals of the recipient country for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.

There is great value in improving and expanding

capacity building and technology transfer globally as those efforts can be leveraged to achieve conservation objectives set out in a new international Instrument through the effective participation of all

States.

4. Types of and modalities for capacity-building and technology transfer

Draft submission Senegal

The transfer of technology should not be limited only to physical technology, but should also include the exchange of information as well as training with respect to marine scientific research. Accordingly, the new international Instrument could establish a mechanism for enhancing: • access to samples, data and knowledge, including the publication and sharing of scientific knowledge; • collaboration and international cooperation in scientific research; • scientific training and access to resources, research infrastructure and technology; and • other socio-economic benefits (e.g. research directed to priority needs such as health and security).

Draft submission Senegal

An international Instrument could include a provision to support coordination and collaboration of the numerous existing bilateral and multi-lateral capacity building and technology transfer. The Intergovernmental Oceanographic Commission (IOC) in particular could be given additional support to play an important role in providing a structure for fostering that coordination and collaboration and taking it a step further. The IOC could be charged with utilizing the Ocean Biogeographic Information System (OBIS) among other tools to develop an international meta-database or clearing house mechanism to facilitate an effective mechanism for accessing information relevant for the conservation and sustainable use of marine biodiversity in ABNJ. Capacity building could include a mechanism to assist developing States in drafting legislation and associated regulatory, scientific and technical requirements at a national or regional level to enable them to effectively implement various components of the envisaged new Instrument. This could include, but not be limited to, conducting an environmental impact assessment or participating in a strategic environmental assessment, and participating in the development and management of marine protected areas and marine reserves.

Draft submission Senegal

5. Repository / clearing-house mechanism

6. Funding

7. Monitoring, review and follow-up

IV. Institutional arrangements

A. Decision-making body/forum

1. Global level

There should be a Conference of Parties that

would take decisions. In order to ensure that the comprehensive conservation and sustainable use of marine biodiversity, the agreement should have the ability to adopt measures that would be binding on its Parties.

2. Regional level

B. Subsidiary body/bodies

Draft submission Senegal

1. Global level

There should be a scientific and/or technical body that could provide guidance and advice to the CoP. It could be beneficial for a CoP to have the ability to create other subsidiary bodies to facilitate capacity building and transfer of technology, monitoring and review, amongst other issues, but these bodies could be added at a later stage as the particular need is identified.

2. Regional level

C. Secretariat

There should also be a Secretariat to provide

administrative support to the new IA. The Secretariat could be led by DOALOS.

Draft submission Senegal

V. Exchange of information / clearing-house mechanism

VI. Financial resources and mechanism

A. Funding mechanism

B. Rehabilitation / Contingency fund

VII. Monitoring, review, compliance and enforcement The IA should oblige member states to regularly provide reports, which would include a description of the state's progress in implementation and could be done through a regular review conference.

VIII. Settlement of disputes

IX. Non-parties

X. Responsibility and liability

XI. Review

XII. Final elements

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