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TOWARDS INTEGRATED NATIONAL OCEAN POLICY IN THE SOUTH PACIFIC: Islands.

Competing & Conflicting Issues in Ocean Policy…

Rudolf H. Dorah UN-The Nippon of Foundation Fellow (2006-07

Remember we are not managing the ocean, but the behavior of the people who use the ocean! PresentationPresentation OutlineOutline

1. HOW FAR HAVE WE GONE SINCE UNCLOS & RIO? GLOBAL LEVEL PACIFIC CONTEXT Geographical Realities Political Realities Economic Realities Ocean Realities 2. TOWARDS INTEGRATED OCEAN POLICY: Conceptualization Rationale Objective

3. TOWARDS AN INTEGRATE REGIONAL OCEAN POLICY IN THE PACIFIC Development of the PIROP Evolution of the Policy? The Policy Environment Policy Process Major Principles Adopted Institutional Arrangements

4. DEVELOPMENT OF SOLOMON ISLAND NATIONAL OCEAN POLICY: ISSUES BACKGROUNDBACKGROUND UNCLOSUNCLOS UNCEDUNCED Relevant provisions of UNCLOS UNCED reinforces UNCLOS, related to Ocean Policy are: deals with new challenges, and also set new targets for states to accomplish including 1. Living Marine Resources: Part V (EEZ) Art 61-73, Part VII ( High Seas), Section 2, Art 116-120 & 1. Deals with Climate change Annex 1. ( Rights and Obligations 2. Support full ratification and of States, Annex 1 (types of highly implementation of UNCLOS migratory species) 3. Agenda 21, Ch 17, Sustainable 2. Non-Living Marine resources: Part Development (27 principles of XII, Protection and Preservation of sustainable development). Of the marine environment (12 Sec), particular relevance to this thesis is Sources of pollutions, Art 145 Chapter 17, programmes C and D of protection of the Environment Agenda 21 which specifically look at from the area. the sustainable use and resource management and conservation of marine resources. BACKGROUNDBACKGROUND CONTCONT……

UNCLOSUNCLOS UNCEDUNCED Marine Scientific Research: All of Chapter 17 recognizes that the Part XIII ( 6 Sec) deals with MSR within “marine environment, including the oceans and all EEZ and the high seas. International seas and adjacent coastal areas, forms an integrated whole that is an essential component of the global cooperation is encouraged to strengthen life support system and a positive asset that developing states capabilities, and call presents opportunities for sustainable for scientific data obtained to be development”. disseminated. No research to be carried To achieve that, Programme C charges out with out authorization states to take effective action which Technology Transfer: Part XIV, includes bilateral and multilateral co- provides international cooperation in operation to ensure that high seas supporting the needs of developing fishery resources are managed in countries. accordance with the UNCLOS. ( IUU, overcapacity etc) UNCLOS did not deal with climate overcapacity etc) change and sea level rise. Part D really promote Eco-system based management as oppose to a legal approach (UNCLOS). HOWHOW FARFAR HAVEHAVE WEWE GONEGONE SINCESINCE UNCLOSUNCLOS ANDAND UNCED?UNCED?

„ While a number of developed countries have made significant advances in establishing National Ocean Policies frameworks in the last decade, majority of developing countries & LDCs remains far behind. „ A study conducted by the Global Forum on Oceans, Coasts and Islands, 2006) on the establishment of National Ocean Policies (GFOCI) revealed that;

- 6 countries are in the policy implementation stage - 5 countries are in the policy formulation stage - 5 countries are in the policy preparation stage GlobalGlobal GlanceGlance

NATIONAL OCEAN POLICIES ( Cicin-Sain et.al.2006)

Implementation Stage Policy Formulation Stage 1. 1. 2. BRAZIL 2. JAMAICA 3. CANADA 3. 4. CHINA 4. PORTUGAL 5. UK 5. UNITED STATES 6. RUSSIAN FEDERATION Policy Preparation Stage REGIONAL LEVEL 1. INDIA 1. Pacific Regional Ocean Policy and 2. JAPAN Integrated Strategic Action Plan 3. MEXICO 4. PHILIPPINES 5. VIETNAM GlobalGlobal GlanceGlance

OutOut ofof thethe sixsix (6)(6) countriescountries inin thethe implementationimplementation stage,stage, nonenone isis fromfrom SouthSouth EastEast Asia,Asia, Africa,Africa, LatinLatin America,America, && CaribbeanCaribbean (( alsoalso PacificPacific IslandIsland individualindividual states).states). EastEast Asia,Asia, AfricaAfrica andand PacificPacific StatesStates areare alsoalso missingmissing inin thethe PolicyPolicy formulationformulation stage,stage, withwith thethe exceptionexception ofof thethe CaribbeanCaribbean beingbeing representedrepresented byby JamaicaJamaica MostMost countriescountries areare eithereither inin thethe initialinitial preparationpreparation stagestage oror havehave notnot started.started. (Global Ocean Forum 2004) WhyWhy OceanOcean Policy?Policy?

GlobalGlobal LevelLevel Oceans compose 72% of the earth surface Coasts contains more than 50% of human population 70% of mega cities ( greater than 8 million) are coastal 44 of the world’s nation are small island developing states coasts yield 90% of global fisheries on which 400 million fishers rely 90% of world trade moves by ship Travel and Tourism is the largest industry in the world, much of it is related to coasts and marine areas Over 25% of the world’s energy supplies are produced in the ocean areas offshore Coral reef resources contribute almost $375 billion to the world’s economy Cicin-Sain et.al.2004. PacificPacific IslandIsland ContextContext WhyWhy OceanOcean PolicyPolicy forfor PICs?PICs? Geographical, Political & Economic Realities Pacific region consist of 22 Island PacificPacific RegionRegion countries & territories dotted over a vast ocean, out of which only 9 are politically independent and the rest have political associated relations with certain metropolitan states such as: - USA, FR, AUST, NZ, & UK covers one third of the earth surface or about half the area covered by water and one fifth more than all land put together. This area is calculated to encompass an area equivalent to four times the land mass of Australia, three times that of the United States and Several times the size of western Europe. SOUTH PACIFIC COUNTRIES PRINCIPAL PHYSICAL AND ECONOMIC FEATURES

State Land Sea Area Est. Density Annual Total GDP Per Capita Year Area (‘000 1994 Person/ Growth (A$’000) (US$) (‘000 Sq. Km) Populat. sq.km % (1994) Sq.km) (‘000) 1974-91 Cook Is. 237 1,830 21 73 1.07 82,224 4,328 1994 FSM 701 2,978 110 159 4.02 181,000 1,554 1993 18,272 1,290 784 41 1.91 1,715,652 2,051 1993 690 3,550 78 107 2.07 48,875 500 1994 Marshalls 181 2,131 54 265 4.21 52,682 1,610 1993 21 320 10 457 2.28 206,250 4,640 1993 259 390 2 8 -5.27 4,347 3,447 1992 488 629 15 32 1.80 48,831 3,564 1994 PNG 462,243 3,120 4,100 9 1.48 4,853,623 1,290 1994 2,935 120 163 55 0.28 150,000 748 1993 Sol. Is. 27,5567 1,340 367 12 3.67 234,900 708 1993 747 700 98 130 0.49 125,000 1,591 1993 24 900 9 380 2.30 203,386 1,009 1990 12,190 680 164 12 2.41 150,000 1,160 1993

Source: SPC, Economics Statistical Bulletin, 1993 and Foreign Investment Climate in South Pacific Forum Island Countries, Forum Secretariat, 1995. WhyWhy OceanOcean PolicyPolicy conticonti……

„ TheThe totaltotal landmasslandmass ofof 552552 789789 squaresquare kilometerskilometers comparedcompared withwith aa totaltotal seasea boundaryboundary ofof 30,30, 569,000569,000 squaresquare kilometers.kilometers.

BIOLOGICAL & MINERAL DEPOSITS ( EEZ, ECS)

„ The Pacific Ocean has both the potential for living and non-living resources, and the ocean serves as an important medium of transport. Shipping caters for about 85-90% of total Pacific trade. As for the non-living resources, research is continuing into the rich seabed minerals which at present have an estimated economic value of trillions of dollars. „ Gillett R.D., 2002. WhyWhy OceanOcean PolicyPolicy…… Mineral including oil & gas and deep sea biological surveys 2000-5 WhyWhy OceanOcean PolicyPolicy……

FISHERIES

„ For most Pacific Island countries, fish and fishery related food consumption is as high as 70% with a total estimated subsistence capture of 102 000 mt per year. These catches are from the coastal fisheries alone. „ As far as the offshore pelagic fishery especially with tuna fisheries, estimates 70 percent (3.2 million tonnes) of the world annual tuna catch is taken from the WCPO region.

„ Knowing also that despite the Pacific region is the largest supplier of world tuna trade (1.8 million metric tons), yet only a fraction of the total value is retained in the region. It was reported that in 1998, the landed value of tuna caught in WCPO region was estimated at US$1.92 billion, and out of that about US$1.3 billion was the value of tuna caught within the EEZ of the PICs, which represents about 68%. However, only about 11% is retain by the PICs. Most of it is consumed by the DWFNs, who invested heavily in the harvesting, processing and marketing of tuna.

Van Saten and Miller, 2000 WhyWhy OceanOcean Policy..Policy..

SHIPPING SECTOR „ Over ninety-five percent (95%) of Trade from either outside to the region, or within the region and, or within an island state itself is conducted through shipping services. „ However, the issues and concerns associated with the Pacific SIDS shipping, and especially, inter-island shipping are; safe and secure shipping to meet international standards, cleaner seas, improved social and economic well-being of seafaring communities, building proper wharfs, and safety at sea. The current capacity of Pacific Islanders to manage, administer, regulate, control and gain employment in the maritime transport sector in a socially responsible manner is weak. WhyWhy OceanOcean PolicyPolicy……

TOURISM SECTOR The Pacific SIDS possesses some astounding magnificent sceneries of islands, beaches, lagoons, and unique coastal areas that attract tourism developments. Tourism has been steadily progressing in the Polynesian Island States of the , Samoa, Tonga, Niue, and the nearby French territory of French (Tahiti). Polynesia – 74%-80% of GDP – 40%-60% -20%-50% An emerging issue that has the potential to threaten the growth of tourism in the Pacific region is the increasing rate of loss of biodiversity. The whole region is under threat by the loss of biodiversity, as reported by the South Pacific Regional Environmental Program (SPREP) that almost 50% of the regions biodiversity is at risk. Sea Level Rise and Climate change pauses major threats WhyWhy OceanOcean PolicyPolicy……

“The loss of biodiversity means the ecosystem resilience, the ability of an ecosystem to withstand change, has fallen dramatically. Small island ecosystems are by nature, highly fragile and vulnerable to external disturbances. Their resilience, is dependent on ecological and economic (including tourism) diversity. It has been pointed out that unsustainable practices, excessive population pressure, ill- conceived policies and fragmented planning have reduced ecological diversity making small changes much more likely to result large scale and irreversible changes in areas like water quality, fishfish population,population, coralcoral bleachingbleaching andand thethe emergence of ‘dead zones’ in coastal waters”

LouiseLouise TwiningTwining

--Ward,Ward, 20052005 TowardsTowards anan IntegratedIntegrated OceanOcean PolicyPolicy WhatWhat isis IOP?IOP? Considerable scholarly literary work has been produced in the recent past in defining the concept of ‘integrated’ or ‘integration’ in conjunction to marine management (Sorensen and McCreary 1990, FAO 1991, Chua 1993 and Cicin-Sain and Robert W. Knecht 1998.) But as far as National Oceans Policies goes, the term is closely linked to the notion of ocean governance in general. As defined by Cicin-Sain and Knecht W. R in The Future of U.S. Oceans Policy (2000), ocean governance has been defined as “ the architecture and make up of the regime used to govern behavior, public and private, relative to an ocean area and the resources and activities contained there in” The conceptualization of the term ‘integrate’ in National Oceans Policy framework seemed to denote a more overarching regime with a cross cutting well defined role at the national level. A clear distinction from past management regimes is its “cross cutting” and well defined component which herald a more holistic approach. Integrated Coastal Management (ICM) is defined as “a continuous and dynamic process by which decisions are made for the sustainable use, development, and protection of coastal and marine areas and resources The application of the concept ‘integrated’ in the above definition serves as a link between the marine and ocean realm on one side, to sustainable development on the other, through a management and development process that recognizes the distinctive characteristics of the marine and ocean ecosystem, and the importance of conserving it for current and future generations. TowardsTowards IOP..IOP..

ICMICM

““thethe goalsgoals ofof integratedintegrated managementmanagement areare toto achieveachieve sustainablesustainable developmentdevelopment ofof coastalcoastal andand marinemarine areasareas,, toto reducereduce vulnerabilityvulnerability ofof coastalcoastal areasareas andand theirtheir inhabitantsinhabitants toto naturalnatural hazardshazards,, andand toto maintainmaintain essentialessential ecologicalecological process,process, lifelife supportingsupporting systems,systems, andand biologicalbiological diversitydiversity inin coastalcoastal andand marinemarine areasareas”” Cicin-Sain et.al. 1998. TowardsTowards IOPIOP…… the concept ‘integrated’ implies a process that is designed to overcome the fragmentation inherent in both sectoral management approach and the splits in jurisdiction among levels of government. It is a realization that any management and developmental activity that is going to take place in the marine and ocean ecosystem must fully acknowledged that the biological-life support systems that exist in the marine and ocean environment are intertwined, not only between themselves, but also with the land and land based developments. Hence, it has called for management frameworks that would provide the mechanisms to ensure developments in the oceans and coastal areas are not too harmful to the environment, thereby destroys the natural ability of the environment to replenish itself. Hence, sustainable development could be realized HOW DO WE DEFINE IOP? TowardsTowards IOPIOP……

ProblemProblem ofof enquiry:enquiry:

Indeed, much of today’s unsustainable developmental results are a clear testimony of increasing failures by economic development approaches that are one-sided, top-down and are highly sectoral. Economic development approaches that are not multipurpose in nature have not included many important stakeholders, interest groups and communities. Such approaches have not recognized the link between sustainable environmental management and economic development. Therefore, it often sadly results in unsustainable developments which in many developing countries have caused political and economic chaos. TowardsTowards IOP..IOP..

IOPIOP

““aa dynamicdynamic nationalnational processprocess ofof decisiondecision making,making, frameworksframeworks andand actionaction plans,plans, whichwhich fullyfully recognizedrecognized thethe needneed forfor integrationintegration throughthrough cooperationcooperation acrossacross allall sectors,sectors, inin thethe firmfirm believebelieve thatthat thethe welfarewelfare ofof humanshumans isis totallytotally dependentdependent onon thethe ecologicalecological integrityintegrity ofof thethe marine,marine, andand oceansoceans systems,systems, andand destroyingdestroying thethe latterlatter willwill leadlead toto thethe destructiondestruction ofof thethe formerformer”” ObjectiveObjective

To:To: formulateformulate aa modelmodel ofof IntegratedIntegrated NationalNational OceansOceans PolicyPolicy frameworkframework inin thethe SolomonSolomon Islands,Islands, asas aa membermember ofof thethe SmallSmall IslandIsland DevelopingDeveloping StatesStates (SIDS)(SIDS) ofof thethe PacificPacific region,region, throughthrough thethe assessmentassessment ofof currentcurrent regionalregional andand statestate practices.practices. PacificPacific RegionalRegional OceanOcean policypolicy

The Pacific Regional Ocean Policy was developed upon a long successful foundation of regional inter-governmental Organizations specializes in different areas regarding the ocean. 1. Forum Secretariat (FS) 2. Secretariat of the Pacific Community (SPC) 3. Pacific Islands Forum Fisheries Agency (PIFFA) 4. South Pacific Geoscience Commission (SOPAC) 5. South Pacific Environmental Programme (SPREP) 6. South Pacific Tourism Organization (SPTO) 7. University of the South Pacific (USP) E.g.E.g. FisheriesFisheries (( Tuna)Tuna)

Forum Fisheries Agency (FFA)

Regional Level

„ Harmonized Minimum Terms and Conditions of Access for Foreign Fishing Vessels (1983) „ Regional Register of Foreign Fishing Vessels (1983) „ Treaty on Long Driftnet Fishing „ Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region (1992) „ Right- Based Management (2000) „ Fisheries Taxation (2001) „ US Fisheries Multilateral Treaty (1982) „ WCPFC Tuna Commission (2005) FisheriesFisheries contcont……

Sub-regional The Concerning Co-operation in the Management of Fisheries of the Common Interests, 1982. The Palau Arrangement for the Management of Purse Seine Fishery in the Western Pacific (1982) The Federated States of Micronesia Arrangement for Regional Fisheries Access (1994) Tuna Management Plans FormulationFormulation ofof PROPPROP

Late 1990s saw increasing international pressures towards adopting the Eco-system based management Motivated by UNCLOS(1982), UNCED (Ch.17) 1992), Barbados Plan of Action, Jakarta Mandate on Biodiversity (1995), Johannesburg Plan of Implementation (2002) 1994 UNFSA 1994 The need to implement UNCLOS 1995 SPOCC Review – identify the overlapping areas & need for greater coordination 1998 Pacific Regional Submission to Commission on Sustainable Development 1999 Pacific Leaders Forum- endorsed the formulation of PIROP. 2001 PIROP Conference, 2003, PIROP Launched AA ParadigmParadigm ShiftShift oror Evolution?Evolution?

Evolving Mandates Current Mandates Individual Species Protection Multiple Species Narrow Perspective & Scale Broad Perspective & Scale Human Activities Evaluated for Humans Integral to Ecosystem Individual activities Integrated Resource Management Resource Management by Sectors Adaptive Management Based Scientific Monitoring programs On Scientific Monitoring Focused narrowly Shared and Standardized Observations Single Use and Purpose Observations

Focus on Managing Focus on Ecosystem Relationships, Ecosystem parts Processes, and Tradeoffs Integrated Regional Ocean Policy non-symmetrical

Protected Resource Management Fishery Management (MMPA, ESA, Sea Birds etc.) interaction

Need for Water Quality Coastal & EEZ coordination Management Modifications, Energy (EPA, states, etc.) (COE, MMS, etc.)

Other management authorities for navigation, food quality/safety, International agreements, climate change, etc. TowardsTowards SolomonSolomon IslandsIslands IntegratedIntegrated NationalNational OceanOcean PolicyPolicy

SOLOMON ISLANDS SolomonSolomon IslandsIslands WhyWhy IntegratedIntegrated OceanOcean Policy?Policy?

Ratify UNCLOS in 1987 We claim (1) archipelagic waterswaters (2)(2) thethe TerritorialTerritorial Waters,Waters, andand (3, 200 Exclusive Economic Zone Fully welcomed UNCLOS due mainly to Tuna Resources Lack of Coordinated Approach at the National Level to provide the overall advisory service to both the Government and Private sector Lack of integrated frameworks in place to harmonize the existing sectoral management approaches, deal with conflicting legal jurisdictional overlaps and gaps in the current system. RichRich TunaTuna WatersWaters MaritimeMaritime BoundaryBoundary „ In 1978, the year of independence, the government declared the Archipelagic of Solomon Islands as comprising five (5) main archipelagos including the following; „ (1) The main group archipelago are: Shortlands, , Choiseul Islands, Islands, Santa Isabel Islands, Dai Island, , Florida Islands, Islands, Island, Island, Santa Catalina Islands, Santa Ana Island and . „ (2) The Rennell, Bellona and Indispensable Reef Archipelago which includes , 2) , 3) Indispensable Reef Atoll. „ (3) The Ontong Java Group Archipelago (), „ (4) The Archipelago (Santa Cruz Islands) and „ (5) The Archipelago (Duff Islands). „ According to the Act of 1979, Archipelago means a group of Islands, including parts of islands, inter-connecting waters and other natural features form an intrinsic geographical entity, and which has been declared by the Minister by Order published in the Gazette to be an archipelago.

SI archipelagic Order 1979 (Act of 1979). MaritimeMaritime BoundaryBoundary

„ Solomon Islands and France () Boundary -Solomon Island entered into an Agreement on Maritime Boundary with the French Territory of New Caledonia and reached an agreement on 12 November 1990.[1] The agreement was signed and entered into force on the same date. However, there is a need on the part of the two party to check whether data used is still valid to allow for formal negotiations and settlement of the agreement pertaining to the boundary.

„ Solomon Islands and Vanuatu Boundary -Solomon Islands entered into formal negotiations concerning her Maritime boundary with the Republic of Vanuatu in the 1980s, but there was insufficient data to support any formal settlement of the boundary.[2] The need now is to checked all current available data and ensure their validity before formalizing any agreement.

„ Solomon Islands and Fiji Boundary -Solomon Islands have never had any formal border agreement with the Republic of Fiji, hence there is a need to collect data and prepare for possible maritime boundary negotiations on that boundary. MaritimeMaritime BoundaryBoundary

„ SolomonSolomon IslandsIslands andand AustraliaAustralia BoundaryBoundary Solomon Islands and Australia entered into an Agreement Establishing Certain Sea and Seabed Boundaries on 13 September 1988.[1] It came into force on 14 April 1989. Since then, there has never been any follow up work, which again need revisit and check whether data is correct before full renegotiation to reach an acceptable equidistance agreement. MaritimeMaritime BoundaryBoundary andand ContinentalContinental ShelfShelf NeedNeed ForFor AnAn IntegratedIntegrated NationalNational CoordinatedCoordinated OfficeOffice forfor OceanOcean PolicyPolicy inin SolomonSolomon IslandsIslands

The need to ensure sustainability of ocean resources in Solomon Islands The need to integrate ocean uses in Solomon Islands to deal with ocean use conflicts at all levels. The need to meet international and regional obligations The need to delimitate Solomon Islands Maritime Boundary with her neighbors The need to create an enabling environment to deal with climate change and the increase of natural distaters The need to change the current sectoral management systems to reflect the integrated nature of the coastal and oceanic ecosystems and the integrated human aspect of societies ConclusionConclusion GOVERNMENTS AND INTEGRATED REGIME FOR OCEAN RESOURCES GOVERNANCE IN SOLOMON ISLANDS

An Integrated National Ocean Policy is one that brings together all stakeholders in ocean management Government

International Organisations Civil Society NGOs Regional Organisations

Private Sector Aid Donors

Subsistence Sector Scientific Sector Educational Institutions

Churches and Religious Institutions THANKTHANK YOUYOU Rudolf H. Djorah [email protected]