End of March 2023, the International Seabed Authority (ISA) negotiations for regulating deep sea mining worldwide through a Mining Code closed in Kingston (Jamaica), without an agreement. So the clock keeps ticking…
Mid 2021, the Pacific nation of Nauru triggered a provision known as the "two-year rule" that will see the start of deep sea exploitation in case the Mining Code is not ready within a period of 2 years, by July 2023. For many observers, this request is a way of fast tracking the awarding of exploitation contracts in case there is inaction or no progress in the adoption of the Mining Code.
The EU is present at ISA negotiations, but does not take an active role, and does not coordinate the positions of EU member states that are members of the ISA. The position of the EU regarding seabed exploitation has been clearly stated in the EU Biodiversity Strategy: “In international negotiations, the EU should advocate that marine minerals in the international seabed area cannot be exploited before the effects of deep-sea mining on the marine environment, biodiversity and human activities have been sufficiently researched, the risks are understood and the technologies and operational practices are able to demonstrate no serious harm to the environment, in line with the precautionary principle and taking into account the call of the European Parliament.” Indeed, in June 2021, the European Parliament called on the European Commission and the Member States to push for a moratorium on underwater mining. An increasing number of EU member States supports a precautionary approach, like Finland, Germany, Spain, and France that called for a ban on deep sea mining.
It's not only in the European Union that concerns about the exploitation of the seabed are mounting. The Deep Sea Conservation Coalition (DSCC), representing over 100 non-governmental organizations from around the world, has been advocating for years for a halt to the emerging industry in the face of the multiple environmental, social and economic risks that surround the industry. Following the meeting in Kingston, DSCC highlighted that an increasing number of countries, including Vanuatu, Palau, Fiji, Federated States of Micronesia, New Zealand, Panama, Samoa, Germany, Costa Rica, Chile, Spain, Panama, Ecuador and France are supporting a pause, moratorium or ban on deep sea mining.
“Given the potential impacts of these operations, deep sea mining is already provoking ‘blue fear’ amongst our fishing communities””
EU fisheries stakeholders are also worried, both for the impacts on fisheries as well as the impacts on deep sea fragile eco-systems. Since 2018, the EU Long Distance Advisory Council (LDAC) has followed closely the developments and negotiation process of the International Seabed Authority towards a Mining Code. It called for a moratorium for a period of 10 years regarding deep-sea mining in international waters in accordance with the precautionary approach.
These concerns echo the fears of artisanal fishers, particularly in the Pacific and Africa. In July 2022, at the occasion of the previous ISA negotiations meeting, the Locally Managed Marine Areas network (LMMA) and the African Confederation of Professional Artisanal Fishing Organisations (CAOPA), representing artisanal fishing communities from Africa and the Pacific, underlined that “[e]ven if commercial deep-sea mining has not started anywhere in the world, exploration contracts have been provided by the ISA to more than 20 companies in the Atlantic, Indian, and the Pacific oceans. Given the potential impacts of these operations, this is already provoking ‘blue fear’ amongst our fishing communities.”
Their views have not changed. Seeing the results of the Kingston meeting, Mr Gaoussou Gueye, president of CAOPA, insists that “Whether in international waters or in our country’s EEZs, deep-sea mining, promoted as part of the blue economy, should not be allowed or supported. In line with the Call to Action launched by artisanal fishers during the International Year of Artisanal Fisheries and Aquaculture, we ask for a precautionary approach to be applied in order to protect our coastal communities from such destructive and polluting activities.”
The ISA Council are due to meet again from 10-28 July, when the two-year loophole expires. For DSCC, that meeting “could prove crucial in the race to defend the deep.”
Banner photo: Illustrative photo from the company Seatools for a Allseas’ pilot polymetallic nodule collection vehicle.
In a joint contribution to an open call for civil society organisations, CFFA and CAOPA raise the alarm about the challenges for small-scale fishers to take part in decision-making processes of international ocean governance and ask for a human-rights-based approach.