African states must help write the rules at the first BBNJ COP
Africa can shape implementation rules at the first Conference of the Parties in January, but only if delegations prepare and coordinate.
Published on 29 October 2026 in
ISS Today
By
David Willima
Researcher, Climate Risk and Human Security, ISS Pretoria
The Agreement under the United Nations (UN) Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) sets rules for the high seas and the seabed beyond any country’s jurisdiction, which makes up nearly two-thirds of the world’s ocean. The agreement entered into force on 17 January, after reaching the 60-ratification threshold.
Parties will meet from 11-22 January 2027 in New York at the first Conference of the Parties (COP1), the agreement’s decision-making body. COP1 will establish the secretariat, its relationship with the UN, subsidiary bodies’ terms of reference, how funds will be activated, and working modalities.
History shows that these early, seemingly procedural, decisions often lock in lasting effects, and not always in Africa’s favour. For example, the World Trade Organization's informal ‘Green Room’ practice involves a few major economies negotiating key texts and presenting them to other members. In 1999, African ministers protested that the process lacked transparency and refused to join the consensus, leading to the collapse of talks at the Seattle ministerial meeting.
Can Africa help shape BBNJ rules and put them to use?
The test starts with who gets a vote. As it stands, with Africa’s 22 members of the treaty, the continent accounts for 21% of the BBNJ’s 104 state parties. This matters because only parties can make decisions at COP and nominate experts to its subsidiary bodies.
Early, seemingly procedural, decisions often lock in lasting effects, and not always in Africa’s favour
The agreement takes effect 30 days after a new party deposits its instrument, so countries must deposit by 12 December to arrive at COP1 as a party. Otherwise, 32 African states will watch critical rules on finance, data and reporting being set without their input.
Having a seat does not guarantee influence. If consensus fails on key issues such as where the secretariat will be hosted, the decision goes to a two-thirds secret ballot. Rules on sharing benefits from marine genetic resources (studied for medicine and other uses) need a three-quarters majority.
If Africa made up at least a quarter of the member states, it could block a 75% vote on its own; with a third, a two-thirds vote. For the continent, consensus on key positions will be instrumental, as not all member states can actively participate in parallel tracks. This means small delegations may need to unite to ensure representation in the rooms where deals are made.
Four decisions at COP1 will show whether Africa can turn its seats into influence.
First, is the secretariat’s location. China, Chile and Belgium have bid to host it, and Africa (as the largest UN voting bloc) will be crucial. African capitals have been courted to back these bids and should assess how hosts will protect the secretariat’s independence, data and funds for developing states. The vote will be a secret ballot, making promises to single capitals harder to deliver. African parties can ensure their votes align with these priorities.
Second is the Scientific and Technical Body that reviews proposals for area-based management tools, comments on environmental impact assessments and sets the standards those assessments must meet. The BBNJ Preparatory Commission (PrepCom3) did not agree on whether members of this body and other subsidiary bodies could be elected at COP1; without early nominations and elections, the body's formation could be delayed until COP2.
Consensus on key positions is key, as not all member states can actively participate in parallel tracks
Africa should identify strong candidates early and draw on its scientific institutions and regional networks. Organisations like the Western Indian Ocean Marine Science Association can help identify and connect relevant expertise, and strengthen the capacity of prospective experts and delegations. This will ensure African representatives are backed by strong regional knowledge rather than depending on externally generated science.
Third will be deciding the agreement’s financial architecture. For example, the Special Fund will draw on new financial sources separate from the Global Environment Facility, which already services five other agreements. It will finance training and technology transfer to help developing states implement the agreement.
During PrepCom3, delegates recommended a 35-member committee to draft the Special Fund’s founding rules for adoption at COP2. The fund is unlikely to work for at least two years, and the committee will shape who can draw on it, so Africa needs strong members on it.
The fourth decision will be on marine genetic resources, which are stored online. Africa negotiated strongly for these resources to be recognised as ‘common heritage of humankind’ to be shared equitably, but giving practical effect to this principle will be the challenge. The Convention on Biological Diversity’s voluntary Cali Fund, which collects payments from companies that use such data, has received only US$6 000 from two companies since February 2025.
In addition, the BBNJ Agreement’s Clearing-House Mechanism, charged with enabling access and dissemination of information on all BBNJ activities (including receiving notifications about collection and use of the marine genetic resources and their digital sequence information), must be established soon. Delegates are still choosing between a central system and one with regional nodes. African states should select an equitable and inclusive model that benefits from the region’s scientific knowledge.
Africa needs strong members on the committee drafting Special Fund rules, which include who can draw on it
Passing these tests at COP1 depends on how countries prepare. Although considerable work is underway to align African positions, forging and sustaining a unified front remains notoriously difficult amid constrained resources, competing national priorities and differing coastal, island and landlocked realities. Two elements will be critical.
First, the regional seas conventions have a key role. The BBNJ Agreement says it must be applied in a way that promotes coordination and does not undermine regional bodies. Africa has four, covering the Atlantic, Western Indian Ocean, Mediterranean, and Red Sea and Gulf of Aden. The Nairobi Convention, which covers the Western Indian Ocean, is working towards a coordinated approach to implementation. The other three could do the same.
Second, with limited resources and capacity, Africa cannot afford to rebuild its expertise every few years. It needs steady, long-term capacity building so that knowledge stays in place when diplomats rotate or experts move to new jobs.
COP1 will decide more than just procedural issues. The January meeting will set who steers its implementation mechanisms, which, for Africa, raises environmental, economic and security questions.
Africa helped shape the BBNJ Agreement; it must now help decide how it is implemented, or risk having its interests sidelined. The continent’s influence will depend on its ability to convert its presence into long-term negotiating power, institutional ownership and effective implementation.
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