Secretariat

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From the procedural report of the BBNJ Preparatory Committee, 31/07/17 :

The text would set out an institutional framework for secretariat functions, such as:

  • providing administrative and logistical support;
  • reporting to States parties on matters related to the implementation of the instrument and developments related to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction as requested by the Parties;
  • convening and servicing the meetings of the decision-making body/forum, and any other bodies as may be established by the decision-making body/forum;
  • circulating information relating to the implementation of the instrument;
  • ensuring the necessary coordination with the secretariats of other relevant international bodies;
  • providing assistance for the implementation of the instrument as mandated by the decision-making body/forum; and
  • performing other secretariat functions specified in the instrument and such other functions as may be determined by the decision-making body/forum.
From Chair's indicative suggestions document 31/05/17:

The text would provide for a secretariat and the functions that it could perform, such as:

  • providing administrative and logistical support;
  • reporting to States parties on matters related to the implementation of the instrument and developments related to the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction as they arise;
  • convening and servicing the meetings of the decision-making body/forum, the scientific/technical body and any subsidiary bodies as may be established by the decision-making body/forum;
  • circulating information relating to the implementation of the instrument;
  • ensuring the necessary coordination with the secretariats of other relevant international bodies;
  • providing assistance for the implementation of the instrument; and
  • performing other secretariat functions specified in the instrument and such other functions as may be determined by the decision-making body/forum.


Suggestion 1: Strong new institutional structure[edit | edit source]

Establish a strong new institutional structure with substantive powers, including a Secretariat and Regional Advisory Councils/ Bodies of Coordination Units.


Notes:

References: CBD Art 23, 24 25 (COP, Secretariat, SBSTA), CMS Art VII, VIII, IX (COP, Scientific Council, Secretariat), REGULATION (EU) No 1380/2013 on the Common Fisheries Policy art 43, 44 and 45 (Regional Advisory Councils)


Suggestion 2: Expand mandate of ISA to serve as basis of institutional structure[edit | edit source]

Expand mandate of the ISA and its constituent bodies so that:

  • the ISA Secretariat serves as Secretariat for this agreement.

This would normally imply the amendment of the UNCLOS under article 312.


Notes:

References: UNCLOS Part XI. Section 4. The Authority, UNCLOS Art 312 (amendment), Agreement relating to the implementation of Part XI of UNCLOS, Annex, Section 1, 4.


Suggestion 3: Develop institutional structure based on Antarctic Treaty model and DOALOS[edit | edit source]

The UN Division for Ocean Affairs and the Law of the Sea (DOALOS) could serve as Secretariat of the Agreement.


Notes:

References: Antarctic Treaty Art IX, Madrid Protocol, Art 10, 11, 12, DOALOS, Secretary-General's Bulletin ST/SGB/2008/13


Suggestion 4: Establishing a secretariat[edit | edit source]

Suggestions for the secretariat :

  • A permanent secretariat.
  • Providing secretariat services by an existing international body, such as secretariat the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs (DOALOS/OLA) services.

Notes: Providing such a secretariat need to be provided in a cost-effective manner. The secretariat and the depositary may not necessarily be the same.


Suggestion 5: Functions of the secretariat[edit | edit source]

The functions of the secretariat could be modelled on article 319 (2) of UNCLOS and article 15 of General Assembly resolution 49/28, as well as the general functions of secretariats under other instruments, such as the CBD and UNFCCC.

Notes: Procedures established by the secretariat could take into account the special circumstances of SIDS.


Also see[edit | edit source]