GOVPH

Keynote Speech of Secretary for Foreign Affairs Enrique A. Manalo for the BBNJ Symposium on the Role of Legislature in Ensuring a Strong Regime for the BBNJ Agreement Under UNCLOS

Excellencies, members of the Diplomatic Corps, my colleagues, guests, ladies and gentlemen,

Good morning to you all!

I am honored to welcome you all to the Department’s two-day Symposium on the Role of Legislature in Ensuring a Strong Regime for Marine Biological Diversity of Areas Beyond National Jurisdictions or BBNJ. This is an agreement under the United Nations Convention on the Law of the Sea.

I also wish to express my thanks to our esteemed resource persons and experts, including members of the Philippine Delegation to the BBNJ negotiations, and those who have joined us from abroad to participate in today’s symposium, and I also wish to further thank our partners in the Philippine Congress, especially Senator Aquilino “Koko” Pimentel Jr., Senator Risa Hontiveros, Rep. Maria Rachel “Baby” Arenas, and Director General Antonio De Guzman who will take the time to share their expertise with us later today and tomorrow.

Let me begin by highlighting the significance of multilateralism and a rules-based international order, underpinned by faithful adherence to international law, to the maintenance of global peace, security and prosperity. In particular, I wish to emphasize the primacy of the United Nations Convention on the Law of the Sea (UNCLOS) as the constitution and legal framework that equitably allocates rights and duties, and governs all activities in the ocean and seas.

As a responsible member of the community of nations, the Philippines continuously strives to fulfill the fundamental obligation of States under the UNCLOS to protect and preserve the marine environment. And noting the intrinsic interconnectedness of the seas and the ocean, we are mindful of the importance of the Area Beyond National Jurisdiction (the ABNJ) as a fountain of biodiversity and natural resources, and whose health has a wide-reaching impact on the global community of nations. This is especially significant since the Philippines is at the center of biodiversity and is adjacent to the pockets of ABNJ or high seas in the region. These are the premises, along with the Philippines’ heritage and status as a maritime and archipelagic State, that form the fundamental cornerstones behind our unwavering support for the BBNJ Agreement.

The BBNJ Agreement, as the third implementing agreement to the UNCLOS, is the product of decades of negotiations among States. We view the Agreement as a codified reflection of the world’s desire to safeguard the health of the ocean. Indeed, the adoption of the BBNJ Agreement marks a watershed moment in our collective endeavor to safeguard the health and sustainability of our ocean for present and future generations. And the Philippines has affirmed and demonstrated this by being one of the first States to sign the BBNJ. We are prioritizing compliance with our domestic procedures to fulfill our aspiration to be one of the first States or among the first States to ratify the Agreement, and usher in its entry into force at the earliest possible time.

To achieve the goal of conservation and sustainable use of marine biological diversity, the international community must continue to strengthen international cooperation and coordination, especially through the BBNJ Agreement. With UNCLOS as our anchor, the BBNJ Agreement offers a unique opportunity to align and coordinate our efforts to effectively implement the Law of the Sea. The Agreement also stands as testament to what can be achieved through multilateral cooperation and adherence to a rules-based international order. It embodies our collective response and responsibility towards ensuring the health and productivity of our oceans for generations to come.

In the short term, we push for the ratification of the Agreement by States, with a view to ensure its effective implementation through the creation of robust legal regimes. Also equally important are the principles of international law reflected in the agreement, such as the common heritage of humankind, fair and equitable sharing of both monetary and non-monetary benefits, rights and jurisdiction of coastal states and archipelagic states, and the precautionary principle. I must admit, of course, that this is no easy task, and there could be resistance from some sectors as to who may not fully appreciate the significance and benefits of the Agreement. Thus, governments and all stakeholders need to fully and properly appreciate and internalize the provisions and the context of the Agreement. That is why, we believe partners and friends are needed and are being sought to collectively advocate international law so as to facilitate global ratification and effective implementation of BBNJ.

Towards this end, the Philippines, through the Department of Foreign Affairs (DFA) and partner agencies, was active during the BBNJ negotiations and in securing regional and global support for it. I recall that the DFA conducted, with the participation of our international partners, both from governments and civil society groups, a regional capacity building workshop on the Agreement last November 2023 in Manila for participants across Southeast Asia. I am pleased to see that the energy of that meeting has been carried over to this day.

We also view the BBNJ as an opportunity to continue keeping our archipelagic house in order through maritime legislation implementing the Agreement at the domestic level. We are also fortunate in enjoying the support and engagement of our partner agencies and Congress on maritime legislation.

As we are currently in the middle of domestic procedures for the ratification of the agreement, we are working with the Philippine Senate to also secure their concurrence. We are also ready to engage Congress on any implementing legislation needed for the BBNJ, and I look forward to hearing the views of our dear members of Congress on the opportunities that the BBNJ may offer in refining Philippine maritime policy and legislation. We hope our Symposium will also provide the space for exchanges and discussions for legislators around the world as they will ultimately craft our maritime legal regime, and thus further fuel efforts towards early ratification of the BBNJ not only for the PHL but also for other States.

Ladies and Gentlemen,

In closing, I commend the organizing offices specifically the DFA Office of Policy Planning and Coordination, and the Maritime and Ocean Affairs Office for their excellent arrangements for this meeting, and assembling an elite group of panelists and experts.

For the next two days, we will be hearing from experts from our five panels. So, I wish you all fruitful and dynamic meeting with lots of exchanges, and I urge everyone’s active participation. It is our intent in this meeting to foster the spirit of collaboration for our common cause, the protection of our oceans.

Thank you.