June 12th 2012
A Charter for Responsibility for Governance of Oceans (+ Appendix)
Draft prepared by Betsan Martin for International Forum on Ethics and Responsibility
Small Island Developing States are emerging as guardian stakeholders for the universal importance of
Oceans and the Blue Economy for sustainable development.
A Charter for Responsibility for the Oceans provides for stewardship of oceans by ensuring:
 Governments undertake a post Rio+20 review of Oceans governance for the purpose of establishing
policy coherence across climate change, the interdependence of land, ocean and water ecosystems,
achieve security for SIDS, restoration of fisheries, and international co-operation for stewardship of
High Seas.
 That Ocean governance provides for integration of High Seas (beyond national jurisdiction),
Exclusive Economic Zones (EEZ’s) coastal marine regulation and the effects of land based activities
on oceans
 That Governments increase and effectively implement Marine Protected areas.
 The Blue Economy is governed by sustainability criteria. Provide for SIDS representation in the
development of Sustainable Development Goals post Rio+20 and linked to MDG’s
 A Forum/Commission for SIDs and Indigenous Coastal Peoples will define criteria for equitable and
sustainable fishing practices and coastal management.
 That existing agreements including UNCLOS, CBD, JPOI, be implemented. Key references for SIDS
are the Mauritius Strategy and the 1994 Barbados Plan of Action.
 State and Private sector investment interests be included in accountability for the impacts of use and
exploitation of ocean resources, including fisheries and bio-tech resources
Small Island Developing States, notably concentrated in the Pacific region, are economically fragile and
vulnerable to climate impacts on oceans. Their small size, limited resources, geographic isolation and
isolation from markets place them at a disadvantage for economic development, and from advantages of
economies of scale.
A Charter for Responsibility for Oceans governance provides for implementation strategies and
accountability criteria. The Precautionary Principle instituted at the 1992 Rio Earth Summit was for
environmental management and health. A Responsibility framework for Oceans provides for coherence and
integration across environment, society and economy.
Oceanscapes
While this concept refers to the Pacific ocean, it suggests a global reference to the complex marine aquatic
environment in which the atmosphere, land, fresh water and sea are intimately linked and interdependent.
Oceans are reservoirs of marine resources including fish, minerals, plants and biotechnological resources,
as well as hosting coastal habitats and livelihoods.
Oceans govern hydrolic ecosystems and are the habitats of a large share of planetary biodiversity. Oceans
govern earth’s freshwater supplies through cloud formation. They are part of the climate regulation system
release 70% of oxygen into the atmosphere, absorb more carbon dioxide than any other area.
Climate change is causing oceans to change. The impacts of ‘freshening’ of the sea from ice melting is
altering the hydrolic ecosystem. Ocean acidification from the up-take of CO2 from the atmosphere is
causing the breakdown of calcium carbonate structures in shellfish and coral, and potentially threatening
the marine food web.
In 2010 the FAO reported that 85% of global fish stocks are fully exploited, depleted or recovering from
over-exploitation.
Principles of responsibility for governance of oceans include:
1. A post-Rio review of all agreements to assess the adequacy of conservation and biodiversity oriented
agreements. Such a review to synthesise an oceans governance framework which takes account of climate
change impacts on oceans, provisions for the security of Small Island Developing States, Indigenous and
local knowledge for sustainable coastal management, state and private sector accountabilities, equitable
sharing of the wealth from marine resources.
A comprehensive system of governance is required that ensures stewardship of all marine areas, including
the High Seas (beyond national jurisdiction), Exclusive Economic Zones, Marine Protected Areas and
coastal territorial waters needs to encompass the effects of land based activities.
2. Responsibility involves taking into account the immediate or deferred effects of all activities in oceans
including land based activities. Responsible governance means implementation existing conventions and
agreements. These include:
 UNCLOS (UN Convention on Law of Sea) for areas beyond national jurisdiction
 The Convention on Biodiversity is a legal framework for conserving and using biodiversity with fair
and equitable sharing of benefits. CBD’s Aichi Biodiversity Targets include terrestrial, coastal, marine
and ecosystem services
 The Johannesburg Plan of Implementation (JPOI) to maintain or restore fish stocks to sustainable
levels (MSY) by 2015. JPOI targets include implementing CBD, MDG’s, MPA’s.
3. The freedom of scientific research requires parallel accountability criteria based on retaining the
integrity of ocean ecosystems, marine biodiversity, respect for marine cultural values and knowledge and
climate impacts. Research must recognize the limitations of human knowledge.
Fisheries Management through Maximum Sustainable Yields may be based on inadequate scientific
knowledge (the collapse of cod and orange roughy fisheries is an example of the inadequacy of scientific
knowledge, and the over-riding commercial interests in fisheries). Fishstocks require ecosystem and habitat
management regulations.
Marine Bio-prospecting will need regulatory measures for preserving the integrity of ecosystems, managing
risks, assessment of human benefits and long term impacts of using marine resources.
4. Exploitation of natural resources of oceans, land, and atmosphere to meet human needs and the quest for
prosperity must be backed by a commitment to all use of marine resources being sustainable, to equitable
sharing of wealth, and assessment of long term impacts on oceans.
The Exclusive Economic Zone (EEZ) regime gives territorial responsibility to 200 nautical miles. Small
Island Developing States have large oceanic territories in relation to land and population, with
responsibilities which are out of proportion to their capacity to manage them. EEZ’s responsibilities for
stewardship have to be balanced with use for economic benefit.
Illegal, unreported and unregulated fishing undermine efforts to manage global fisheries sustainably.
International co-operation to implement the FAO Agreement is needed to prevent unregulated and illegal
fishing.
States take action to end Destructive Fishing practices specifically bottom trawling by 2015.
A Responsible Governance Framework for Oceans requires a comprehensive strategy with accountability
systems required of states and private sector interests, and safeguards for indigenous and local management
of coastal marine areas.
Responsibility and Oceans Briefing Appendix
Small Island Developing States are emerging as guardian stakeholders for the universal
importance of Oceans and the Blue Economy for sustainable development.
A Charter for Responsibility for Oceans provides principles for governance with
implementation strategies. The Precautionary Principle instituted at the 1992 Rio Earth
Summit is an ethical imperative with similar intentions designed for environmental
management and human health. Twenty years on there is accumulated evidence that
sustainability must fully engage the three pillars of environment, society and economy.
A principle of Responsibility provides an integrating form of accountability which is effective
for environmental precaution, as well as addressing the short and long term issues of
development in general.
A Charter for Responsibility for the Oceans provides for:
 A post Rio+20 review of Oceans governance be undertaken to take account of climate change, the
interdependence of land, ocean and water ecosystems, achieve security for SIDS, restoration of
fisheries, and international co-operation for stewardship of High Seas.
 That Ocean governance provides for integration of High Seas (beyond national jurisdiction),
Exclusive Economic Zones (EEZ’s) coastal marine regulation and the effects of land based
activities on oceans
 The Blue Economy is governed by sustainability criteria. Provide for SIDS representation in the
development of Sustainable Development Goals post Rio+20 and linked to MDG’s
 A Forum/Commission for SIDs and Indigenous Coastal Peoples will define criteria for equitable
and sustainable fishing practices and coastal management.
 That existing agreements including UNCLOS, CBD, JPOI, be implemented. Key references for
SIDS are the Mauritius Strategy and the 1994 Barbados Plan of Action.
 State and Private sector investment interests be included in accountability for the impacts of use
and exploitation of ocean resources, including fisheries and bio-tech resources
The ocean is a complex entity referring to the marine aquatic environment in which
atmosphere, land, fresh water and sea are intimately linked. Oceans are reservoirs of marine
resources such as fish, minerals, plants and biotechnological resources, as well as hosting
coastal habitats and livelihoods.
Principles f responsibility include an integrated framework for decision-making and
governance.
Principles of responsibility for governance of oceans include:
1. A post-Rio review of all agreements to assess the adequacy of conservation and biodiversity
oriented agreements. Such a review to synthesise an oceans governance framework which takes
account of climate change impacts on oceans, provisions for the security of Small Island
Developing States, Indigenous and local knowledge for sustainable coastal management, state and
private sector accountabilities, equitable sharing of the wealth from marine resources.
Comprehensive governance is required that ensures stewardship of all marine areas, including the
High Seas (beyond national jurisdiction), Exclusive Economic Zones, Marine Protected Areas and
coastal territorial waters needs to encompass the effects of land based activities.
International co-operation for stewardship of oceans beyond national jurisdiction, such as the Ross
Sea in Antarctica, is a priority.
2. Responsibility involves taking into account the immediate or deferred effects of all activities in
oceans including land based activities. Responsible governance means implementation existing
conventions and agreements. These include:
 UNCLOS (UN Convention on Law of Sea) for areas beyond national jurisdiction
 The Convention on Biodiversity is a legal framework for conserving and using biodiversity
with fair and equitable sharing of benefits. CBD’s Aichi Biodiversity Targets include
terrestrial, coastal, marine and ecosystem services
 The Johannesburg Plan of Implementation (JPOI) to maintain or restore fish stocks to
sustainable levels (MSY) by 2015. JPOI targets include implementing the CBD, MDG’s and
Marine Protected Areas.
3. The freedom of scientific research requires parallel accountability criteria based on retaining
the integrity of ocean ecosystems, marine biodiversity, respect for marine cultural values and
knowledge and climate impacts. Research must recognize the limitations of human knowledge.
Fisheries Management through Maximum Sustainable Yields may be based on inadequate
scientific knowledge (the collapse of cod and orange roughy fisheries is an example of the
inadequacy of scientific knowledge, and the over-riding commercial interests in fisheries).
Fishstocks require ecosystem and habitat management regulations.
Marine Bio-prospecting will need regulatory measures for preserving the integrity of ecosystems,
managing risks, assessment of human benefits and long term impacts of using marine resources.
4. Exploitation of natural resources of oceans, land, and atmosphere to meet human needs and the
quest for prosperity must be backed by a commitment to all use of marine resources being
sustainable, to equitable sharing of wealth, and assessment of long term impacts on oceans.
The Exclusive Economic Zone (EEZ) regime gives territorial responsibility to 200 nautical miles.
Small Island Developing States have large oceanic territories in relation to land and population,
with responsibilities which are out of proportion to their capacity to manage them. EEZ’s
responsibilities for stewardship have to be balanced with use for economic benefit.
Marine Protected Areas are a remedial strategy to protect and enhance marine biodiversity.
Agreements to set aside marine protected areas in coastal marine areas and the high seas need to be
implemented. MPA’s are to complement a comprehensive system of stewardship measures for all
ocean areas.
The precautionary principle was instituted at the 1992 Earth Summit as an environmental
management rule to prevent the threat of serious or irreversible damage to the environment or
human health. Prevention of harm and remedial measures should not rely on full scientific
knowledge to justify precaution
Implementation of precaution has been weak. Fisheries collapses (cod and orange roughy) is
an example of proceeding with MSY (maximum sustainable yield ) quota for fishing in the
face of inadequate scientific knowledge. The failure of adequate guidelines and of
precautionary regulation needs to be addressed through principles of responsibility:
A framework of Responsibility is proposed for the post Rio+20 phase of sustainable
economic development. Accountability mechanisms for oceans include provision for
contextual and cultural reference. There are incommensurable differences in responsibilities
for Small island States from those of large economies.
While this paper focuses on issues for oceans, the principle of responsibility is relevant to all
aspects of sustainable economic development.
Oceanscapes
Some of the issues of the Oceanscape provide a snapshot of the need for extra attention to
oceans governance and for international co-operation. The High Seas are oceanic regions
which are beyond national territorial jurisdiction. The High Seas make up 64% of the world’s
oceans. This makes international co-operation imperative. The Ross Sea in Antarctica is an
example of the endeavor to achieve protection through international co-operation. The
protective measures have been undermined by fisheries interests which are unregulated in
non-territorial waters.
Oceans govern hydrolic ecosystems and are the habitats of a large share of planetary
biodiversity. Oceans govern earth’s freshwater supplies through cloud formation. They are
part of the climate regulation system release 70% of oxygen into the atmosphere, absorb more
carbon dioxide than any other area.
Climate change is causing oceans to change in a range of ways.
sea surface temperatures are changing, in the average temperature, but with uneven effects.
The poles are warming faster than other areas. Polar melt is having various effects as well as
increases in sea level. Freshening of the sea from ice melts means that the huge currents that
are conveyor belts of cool water, nutrients and saline water are not sinking so much, and thus
less saline and are changing the reliability of the conveyance system.
Ocean acidification from the up-take of CO2 from the atmosphere to the ocean is causing the
breakdown of calcium carbonate structures in shellfish and coral.
The condition of Oceans is declining. More than 10% of coral reefs are destroyed and 60%
are threatened by human activities. Mangroves are essential coastal habitats for sea life and
50% of these have disappeared.
Plastic waste is clogging oceans, pollution from land activities is being multiplied by CO2
saturation from climate change. Acidification of oceans is threatening the habitat and
biodiversity ecosystems of oceans.
Over exploitation of fish stocks and biodiversity loss are damaging the integrity of ocean
ecosystems, and threaten livelihoods of coastal communities, food security and the economic
stability of fisheries. Industrial fishing and fish subsidies are prime areas for responsibility
measures.
Small Island Developing States
Small Island Developing States, are notably concentrated in the Pacific region, are
economically fragile and vulnerable. Their small size, limited resources, geographic isolation
and isolation from markets place them at a disadvantage for economic development, and from
advantages of economies of scale.
Responsibility for biodiversity of the oceans is linked to food security and livelihoods. Marine
resources are an economic base for coastal communities and present opportunities for
economic benefits for poor populations, such as Developing Island States. Responsibility
includes the social and human dimension of equitable access to, and sharing of marine
resources
Regulation regimes
The Exclusive Economic Zone (EEZ) regime gives territorial responsibility to 200 nautical
miles. Small Island Developing States have large oceanic territories in relation to land and
population base, with resources and responsibilities with are often out of proportion to their
capacity to manage them. While these provide opportunities for stewardship, they are
increasingly viewed as a resource for economic exploitation which invite international
interest and investment. Bio-marine prospecting is just developing for pharmaceutical and
cosmetic compounds for the benefit of human health (IUCN 2012, p. 2). Such investment is
extremely susceptible to being exploited for the economic benefit of the investor at the
expense of the Small Island states and coastal communities.
An example of oceans and land based sustainability issues in the Pacific include mineral and
natural resources wealth of PNG and China’s significant investment in fisheries and minerals
industries in PNG and the region as a whole. A few points on ocean and forest industries in
the Pacific:
- New Caledonia has 25% of the world’s nickel
- Seabed mining is being actively developed in the Cook Islands
- Forestry in the Solomon Islands is proceeding at 6 times the sustainable rate (of
renewable capacity). Forests supplies will be exhausted in 5 years
- Fiji’s logging industry includes processing of logs which results in four times the value
of unprocessed logs
- Two thirds of fish processing goes out of the region
- The export of logs and coconut oil in the Pacific region is offset by the cost of
importing crude oil.
Responsibility and Marine Protected Areas
All documentation on sustainable Oceans governance give priority to the extending Marine
Protected Areas (MPA’s) , or Marine Reserves, as an essential strategy to remedy biodiversity
loss. A Responsibility approach supports implementation of agreements for MPA’s. However
a responsibility approach emphasizes implementation of a comprehensive system of ocean
governance to which states and private interests are accountable. MPA’s should not be
mechanisms which allow for slackening of ecosystem based regulations on all forms of
marine resource exploitation. The evidence of the benefits of MPA’s make this a vital
remedial strategy.
Never-the-less sustainable use and management over all ocean areas, territorial and high seas,
is a more viable long term solution. While there are numerous cultural values and protocols of
oceanic peoples, it can be claimed that traditional indigenous systems for managing the
marine environment prioritize guardianship and stewardship. Rather that the ‘no take’
approach of MPA’s. Indigenous knowledge and local management systems are more flexible
and include long term sustainability.
Priority areas for responsible oceans governance
Implement existing provisions for responsible governance of oceans
Agreements already in place that need to be implemented for oceanic responsibilities include:
Launching negotiations on an implementation of the United Nations Convention on the
Law of the Sea (UNCLOS). UNCLOS provides an overarching legal framework for
governance of human activities in the oceans beyond national jurisdictions. It supports
preservation of the marine environment, marine biodiversity conservation and sustainable use.
The Convention on Biodiversity provides a legal framework for conserving biodiversity, the
sustainable use of its components and fair and equitable sharing of benefits. CBD’s Aichi
Biodiversity Targets were adopted in 2010. In target 11, governments agreed by 2020, that:
“at least 17 percent of terrestrial and inland water, and 10 percent of coastal and
marine areas, especially areas of particular importance for biodiversity and
ecosystem services, are conserved through effectively and equitably managed,
ecologically representative and well connected systems of protected areas and other
effective area-based conservation measures, and integrated into the wider landscapes
and seascapes;”
Action to implement the Johannesburg Plan of Implementation (JPOI) to maintain or
restore fish stocks to sustainable levels (MSY) by 2015. JPOI targets include:
 implementation of the Convention on Biological Diversity
 elimination of subsidies that contribute to over-fishing
 the Millenium Development Goal to reduce biodiversity loss
 targets to establish Marine Protected Areas
JPOI provides for a comprehensive ecosystem approach to oceans governance as in Para.
32(2):
the JPOI, which calls on States to take action at all levels to “develop and facilitate
the use of diverse approaches and tools, including the ecosystem approach, the
elimination of destructive fishing practices, the establishment of marine protected
areas consistent with international law and based on scientific information, including
representative networks by 2012 and time/area closures for the protection of nursery
grounds and periods, proper coastal land use and watershed planning and the
integration of marine and coastal areas management into key sectors;”
UNCDS / Rio+20 Bureau includes management of Oceans as one of the Seven priority areas
for Sustainable Development.
Illegal, Unreported and Unregulated Fishing
Illegal, unreported and unregulated fishing undermine efforst to manage global fisheries
sustainably. Countries dependent on marine fisheries for food security and economic revenue,
in particular Small Island Developing States and coastal states are impacted the greatest.
Responsible governance requires:
 Effective monitoring, control, surveillance, compliance and enforcement measures to
enforce regulations and stewardship measures.
 Deploy resources to combat criminal activity in fisheries
 Combat illegal and unregulated fishing through several measures such as flag state,
market measures and through state agreement to the FAO Agreement to prevent
unregulated and illegal fishing.
Submissions to the Rio+20 agenda were strongly in favour of these measures, and included
New Zealand, Monaco, Australia, G77, Chile. Jamaica.
Destructive Fishing Practices
The practices of bottom trawling are destructive to marine ecosystems and species. Despite
the destruction of deep sea ecosystems and fish stocks States continue to permit fishing
vessels to continue these practices within and beyond their jurisdiction. States must take
action to
 End destructive fishing practices, specifically bottom trawling, and the damage to
marine ecosystems
 Phase out bottom trawling by 2015.
Fisheries Management
The Johannesburg Plan of Implementation in 2002 provided for States to restore global fish
stocks to sustainable levels by 2015. In 2010 the FAO reported that 85% of global fish stocks
are fully exploited, depleted or recovering from over-exploitation. Responsible management
involves:
All fishing must be in accordance with international agreements and carried out with the
support of science based knowledge for management.
A Responsible Governance Framework for Oceans requires a comprehensive strategy with accountability
systems required of states and private sector interests, and safeguards for indi
References
FPH Alternative Zero Draft for Rio+20, June 2012.
Rio+20 Key issues brief (Final 8 June 2012) CROP Sustainable Development Working Group.
Country Brief 2 of 2.
IUCN (2012) Position Paper ‘For and Effective and Sustainable Ocean Governance
PEW Draft IUCN Motion on High Seas Biodiversity. (PEW IUCN motion high seas 04 05
PEW Zero Draft Submission for UN Conference on Sustainable development.