As the High Seas Treaty takes effect, Africa can help chart its course
Africa’s role in shaping the BBNJ Treaty shows how multilateralism can pave the way for equitable global ocean governance.
Published on 24 September 2025 in
ISS Today
By
Dhesigen Naidoo
Research Associate, Climate Risk and Human Security Project, ISS Pretoria
Denys Reva
Researcher, Africa in the World, ISS Pretoria
On 19 September, a landmark ocean governance accord bucked the global move away from multilateralism, marking a new era for the high seas, which cover roughly two-thirds of the world’s ocean.
The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ Treaty) has secured its 60th ratification – the threshold for entry into force. This triggered a 120-day waiting period for final notifications, logistical preparation and new institutional arrangements before it becomes legally binding on 17 January 2026.
The BBNJ (High Seas) Treaty seeks coordinated conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. It is described as four treaties in one, unifying legal frameworks for: marine genetic resources and benefit-sharing; area-based management tools, e.g. marine protected areas; environmental impact assessments; and capacity building and transfer of marine technology.
On one level, the treaty is a safe port in the storm of attacks against multilateralism. International agreements often falter amid competing national interests and a retreat from shared governance.
The treaty also represents African leadership in international affairs, underscoring the continent’s ability to shape global norms, rather than merely adapt to them. It shows that inclusive negotiations, where developing countries articulate shared priorities, can produce more legitimate and widely supported outcomes.
The treaty shows African leadership in international affairs and its ability to shape global norms
The earliest demonstration of leadership came from the Pacific island state of Palau, the first nation to ratify the treaty. Palau recognised island states’ dependence on healthy oceans, both for economic well-being and climate resilience. The country’s proactive stance reflects a tradition of environmental advocacy among island states, but also their vulnerability to marine biodiversity loss and climate change. Seychelles was Africa’s first country to ratify.
Africa’s ratification levels are still low (14 out of 69). But its role in treaty negotiations and the symbolism of Sierra Leone and Morocco submitting the two final ratifications needed for the 60th threshold show a commitment to the ‘common heritage of humankind’ principle. African countries also seek equity in high seas governance.
‘With the 60th ratification, the BBNJ Treaty will soon enter into force, and Africa’s long-standing commitment to ocean equity becomes a reality,’ Ambassador Michael Kanu, Sierra Leone’s Permanent Representative to the United Nations (UN) and lead negotiator for the African Group of BBNJ Negotiators, told ISS Today.
‘From our leadership at the negotiating table to this historic moment, Africa has championed fairness, capacity building, and the protection of marine biodiversity for future generations. This treaty ensures that [African] voices are embedded at the heart of high seas governance, helping to secure fair and just benefit-sharing from marine genetic resources, strengthen ocean science and capacity building, and safeguard biodiversity beyond national jurisdiction for future generations.’
The agreement marked ‘not only the culmination of decades of patient diplomacy, but also the start of a new chapter where Africa will help shape the stewardship of nearly two-thirds of the ocean in the spirit of the common heritage of humankind,’ he said.
The BBNJ Treaty can help stop further deterioration of the high seas. This will preserve the ocean’s critical function as an enormous carbon sink, sequestering a minimum of 30% of the world’s carbon through physically dissolving carbon and the biological use of carbon by marine resources.
Oceans absorb heat and regulate the climate, sustaining the delicate balance needed for life on earth
However, as emissions increase and the ocean dissolves more carbon dioxide, its acidity levels rise. This decreases marine life, which in turn reduces carbon sequestration, leaving the CO2 to warm the Earth further.
Earth’s unique ‘Goldilocks’ position regarding its distance from the Sun enables the presence of liquid water on earth. But it’s the oceans that truly sustain the delicate balance necessary for life by absorbing 80% of excess heat and regulating the climate.
As sea temperatures rise, the capacity of oceans to store heat and support marine ecosystems declines. This undermines carbon sequestration and intensifies storms, sea-level rise, and the risks to food and coastal wellbeing.
Crucially, the BBNJ Treaty serves as the global baseline for sustainable management of living and non-living marine resources, ranging from genetic material to mineral and fossil reserves.
Its entry into force will prompt a review of international and regional governance frameworks to improve clarity, reduce loopholes for illegal activities such as illegal, unreported and unregulated fishing, and foster institutional cooperation across sectors.
African states must consider how best to translate this diplomatic victory into meaningful benefits at home. National domestication of the treaty’s provisions is required, along with building scientific and enforcement capabilities, and fostering collective action across regional bodies.
African states must consider how to translate this diplomatic victory into meaningful benefits at home
The new institutions created under the BBNJ Treaty, especially the Conference of the Parties, will soon set out implementation rules. Africa’s participation is vital to ensure continued equity, capacity building and preferential access to technology and funding.
These international commitments should be closely aligned with domestic and regional fisheries management reforms and supported by robust partnerships with scientific and civil society actors.
Africa must advance a unified, strategic approach to implementing the agreement. This was highlighted at the recent high-level policy roundtable convened by the International Union for the Conservation of Nature and the Institute for Security Studies.
Africa was urged to align its ocean governance efforts with the continent’s climate and development goals as the BBNJ Treaty comes into force. Participants called for strengthening regional coordination ahead of critical UN milestones, shaping a unified governance approach reflecting Africa’s priorities, and mobilising political, technical and financial support for implementation.
Sustained and inclusive dialogues at continental, regional and national levels are vital to ensure Africa’s diverse voices inform decision making, and that both ocean protection and broader development objectives are advanced.
Africa’s gains under the treaty will depend on countries’ will and capacity to implement these new standards, build enforcement capacity and leverage the treaty’s technology and funding mechanisms. Determination, unity and a commitment to inclusive stewardship are crucial to translating the BBNJ Treaty’s promise into tangible gains.
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