Pivotal shift at the ISA: Nations rally for deep-sea mining moratorium

Three weeks of negotiations included intense scrutiny of the ISA’s annual financial management; no Mining Code was agreed; a Head of State attended the meeting to support a moratorium for the first time in the Assembly’s history; and there was the first formal debate ever by the ISA Assembly on the need to adopt an overall policy for the protection of the marine environment.

Momentum to defend the deep increased with 32 states now calling for a precautionary pause or moratorium. The attendance of senior political figures, Indigenous Leaders and youth from across the world added weight to the push to stop mining from proceeding and the election of a new Secretary General opens up a new era for the ISA.

The Deep Sea Conservation Coalition (DSCC) has been present throughout the negotiations in Kingston and Deep-Sea Mining Moratorium Campaign Lead, Sofia Tsenikli said: “For years the ISA has operated in its own bubble, pressing ahead and resisting the mounting calls for precaution. This Assembly meeting has marked a pivotal shift for the ISA and the moratorium campaign. States and communities that are on the front lines of deep-sea mining and its impacts are here in Jamaica to defend their homes and cultures from this destructive activity before it can begin. We applaud the ocean champions spearheading efforts to safeguard our fragile and essential deep sea.” 

Malta, Honduras, Tuvalu, Guatemala, and Austria joined the ever growing wave of countries calling for a precautionary pause to deep-sea mining, citing a lack of scientific knowledge and understanding of the deep sea, the absence of an effective regulatory regime and the high risk to the marine environment.

The ISA Assembly elected Leticia Carvalho as the new Secretary-General of ISA after defeating incumbent Michael Lodge, marking a new chapter for the institution responsible for the effective protection and long-term health of the deep sea.

The DSCC’s co-founder Matthew Gianni congratulated Carvalho and the government of Brazil on this historic election and noted: “The ISA has an opportunity to champion a new way forward for sound ocean governance that prioritizes the precautionary principle and secures the health of the deep sea and its benefits for future generations. We urge the new Secretary General to prioritize advancing transparency in the work of the ISA and independent scientific research and capacity building, decoupled from an extractive agenda, to achieve a comprehensive understanding of the deep ocean, its diversity of species and ecosystems, and the role they play in maintaining the health of the planet for all of us.” 

For the first time, the ISA Assembly discussed the possibility of a General Policy for the protection and preservation of the marine environment, which could set the necessary conditions to be fulfilled before commercial deep-sea mining exploitation can be considered.

However, no decision was taken, as a group of States, including China, Italy, Saudi Arabia, Kuwait, Uganda and Ghana, refused to engage in any development on a General Policy at this Assembly, despite the support from a large number of States, including Chile, Palau, Vanuatu, Samoa, Switzerland, Brazil and Greece to bring the protection of the marine environment into the heart of ISA’s supreme organ: the Assembly. We urge the Assembly to open this discussion again next year and to develop a General Policy to safeguard these fragile ecosystems.

DSCC International Legal Adviser Duncan Currie stated: “A discussion on the protection of the marine environment is long overdue at the ISA Assembly considering the global outcry of environmental concerns surrounding deep-sea mining. The ISA Assembly, as the supreme organ of the ISA, has the legal authority under UNCLOS to establish such a general policy. We are disappointed this didn’t happen this year but we look forward to working with states constructively on the establishment of a General Policy for the protection and preservation of the marine environment next year.”

Moreover, a Mining Code remains far from being agreed – a blow to mining companies – and the unrealistic and artificial 2025 Roadmap remains on the table, with over 30 outstanding regulatory matters still unresolved, undecided or undiscussed.

DSCC Policy Officer Emma Wilson said, “With independent scientists pointing to the risks of deep-sea mining, as well as the absence of a robust scientific understanding of these ecosystems, it’s time for States to zoom out from the technicalities of the mining code and instead address one basic question: is it or is it not safe to allow this industry to proceed under the current circumstances? Rushing to adopt a regulatory regime that would open the gates to a highly destructive activity for an area we know little about is beyond reckless and risks irreparably and permanently damaging our ocean and planet.”

“Over the past few weeks of meetings at the International Seabed Authority, we’ve witnessed increasing resistance to deep-sea mining. Earlier this year, the Convention on Migratory Species, representing 133 Parties, echoed this sentiment by urging Parties not to engage in or support deep-sea mining until there is sufficient scientific evidence to prevent negative impacts on marine species and their habitats. With so much at stake, it is crucial for ISA members to likewise adopt a precautionary stance. We must firmly oppose any attempts to open this Pandora’s box,” says Fabienne McLellan, Managing Director at OceanCare.

The original press release by the DSCC can be found here.