National consultations were coordinated by the Cook Islands Ministry of Foreign Affairs and Immigration (MFAI) and facilitated by the Office of the Pacific Ocean Commissioner (OPOC) from the 21st to 25th May 2025, on the Agreement for the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (“BBNJ Treaty”). The consultations focused on bringing together all relevant stakeholders to engage and raise awareness about the Treaty and to ensure that stakeholders are aware of their roles and responsibilities, and the potential legislative and policy changes that may ensue as part of the ratification process.
Following the adoption of the BBNJ Agreement by the UN General Assembly in June 2023, the Cook Islands signed the Agreement on 22 September 2023 but has yet to ratify it. There is a requirement of 60 countries to ratify the Agreement before it enters into force and becomes a legally binding international instrument.
Amongst the relevant stakeholders that attended the national consultations on the BBNJ Agreement, a handful of staff from the Cook Islands National Environment Service (“NES”) also attended the consultation for capacity building. A government agency, the NES with a broad mandate concerning the protection, conservation and management of land, ocean and air within the country’s jurisdiction.
Therefore, the NES remains cognizant of, and values the need for a collaborative effort and commitment across and by Cook Islands Government entities from a conservationist point of view that the BBNJ Agreement addresses relatable issues not just for the areas beyond national jurisdiction but to also ensure that we have a sustainable marine environment as a Pacific Island Country.
Furthermore, the BBNJ Agreement considers the fair and equitable sharing of benefits of marine genetic resources, the measures to manage such resources, the environmental impact assessment of activities relating to the resources and to ensure that access to capacity building and transfer of technology is available.
Approximately 21 countries have ratified the BBNJ Agreement to date. The Agreement will be the third implementing agreement made under the United Nations Convention on the Law of the Sea (“UNCLOS”) which the Cook Islands has also ratified. The General Assembly has made invitations to all states and regional organizations that are yet to consider signing and ratifying the Agreement before the 2025 United National Oceans Conference (UNOC) in Nice, France, from 9 to 13 June 2025.
NES has secured funding from the Global Environment Facility (GEF) via the United Nations Environment Programme (UNEP) to support our national efforts to prepare for BBNJ ratification, and to build our collective national capacities to implement our responsibilities under the BBNJ Agreement once it comes into force. A project agreement with UNEP was recently signed, and these activities will be commencing shortly in collaboration with key national stakeholders.
