Kenya signs agreement to benefit from proceeds of ocean biodiversity resources

The Agreement seeks to regulate the uses of complex marine resources like virus, seagrass, seaweeds marine plants and many other types of species that have evolved in the ocean for millions of years.   

Advances in technology have made it possible to commercialize the biodiversity resources of the ocean. Some of these resources are currently being used to produce biodegradable plastics and pharmaceuticals. These industries alone are worth billions of dollars.

Whereas these resources were only benefiting developed countries who have the requisite technologies, the BBNJ has put measures for ensuring that countries like Kenya will also benefit from harvesting and commercialization of these resources through a benefit sharing formula that will be developed once the Agreement enters into force. 

Speaking after he signed the agreement, Prime Cabinet Secretary Musalia Mudavadi said that once ratified Kenya will be able to participate and benefit from the proceeds of the biodiversity resources of the ocean.

Mudavadi said that the government of Kenya is keen to ensure Kenya benefits from the other resources of the ocean beyond the traditionalist maritime transport and marine fisheries.  The ocean is known to be home to large deposits of non-living resources containing minerals that are driving industrial growth in the green energy and electronics.  

The PCS noted that well utilized, the oceans have capacity to not only feed the people but also provide the much needed development, and employment.

The oceans, Mudavadi said, had long sustained coastal communities that rely on it for their food, livelihoods, and well-being but the resources did not stop at the shoreline noting that latest research has shown that ocean resources have critical benefits to all people including medicines ,green technologies, nutrition, among others.

Mudavadi said that in signing the BBNJ Agreement on ocean governance, Kenya affirmed  her shared commitment to the health of the ocean.  

He noted that the principle of common heritage for humankind espoused in the United Nations Convention on the Law of Sea is a direct testament to the fact that the health and wealth of our oceans is intrinsically linked to our collective actions. 

He said Kenya fully aligned herself with the principles, rights, and obligations of preservation, and protection of marine resources contained in the Convention and further elaborated in the BBNJ Agreement. 

“The Agreement completes the legal framework for governance of the ocean. Kenya welcomes the BBNJ Agreement as it provides a framework for utilization and regulation of the marine biodiversity in the Area,” he said.

Mudavadi said over and apart from benefiting from the benefits shared globally from utilization of these resources, the government of Kenya is keen to develop capacity and competencies of our scientists and other officers to help the country use these resources to enhance and diversify our manufacturing sectors. 

These resources are used  commercial production of biochemical products, pharmaceutical, and beauty industries. I am happy to note that commercial seaweed production is already being tested in Kibuyuni and other areas in the coast and the proceeds from sale of the seaweeds have already impacted positively to the economic empowerment of the people.

The Prime Cabinet Secretary said Kenya understood that while the signing and ratification of the BBNJ Agreement was an important step forward, the true success of protecting the oceans is dependent on the goodwill of States to implement the provisions in this Agreement. 

To achieve it, Mudavadi said they must prioritise capacity building for developing countries, scientific research, sharing knowledge, and the involvement of Indigenous, and local communities, whose traditional knowledge is invaluable in our efforts to conserve marine biodiversity.

The Prime Cabinet Secretary said as a country Kenya had also taken tangible steps to reduce pollution caused by plastics in the ocean.

 “Kenya banned the manufacturing and distribution of non-recyclable plastics. This, plus a raft of other policy measures to address ocean pollution, demonstrates our commitment to protecting the oceans and remain united in the collective vision for a healthier planet,” said Mudavadi.

 According to Ms. Juster Nkoroi, the Head of Kenya International Boundaries Office, the Agreement took over twenty years to negotiate before it was finally adopted in 2023 and opened for signature in the same year.

 “The negotiation took very long time and the signing of the Agreement is a breakthrough, to the country and the world as a whole,” said Ms. Nkoroi.

Kenya’s delegation to the negotiations was headed by the Office of the Attorney General & Department of Justice and assisted by Officers from the Ministry of Foreign and Diaspora Affairs; the Kenya International Boundaries Office, the Ministry of Petroleum and Mining; the Kenya Maritime Authority; the National Environmental Management Authority; the Ministry of Fisheries and Blue Economy; and the Kenya Marine Fisheries Research Institute.

Ms. Nkoroi said that Kenya has always played a key role in negotiations of the agreements for governing the ocean starting with the United Convention of the law of the Sea in 1970s and now the BBNJ. She also informed that Kenya is one of the developing coastal state that is very advanced in establishing her maritime zones including the outer continental shelf beyond the 200 nautical miles.

She said that the biodiversity resources now covered by the BBNJ is over and above the deep sea nonliving resources. 

 She noted that the global race for critical minerals has reached the ocean's depths, where untapped resources in "The Area" hold the promise of fueling the next wave of technological and economic advancements. As the world transitions to clean energy and advanced technologies, the demand for minerals like cobalt, nickel, and rare earth elements has skyrocketed. Deep-sea mining (DSM), governed by the International Seabed Authority (ISA), offers a new frontier to meet these demands, presenting countries like Kenya with a unique opportunity to secure these resources and assert a significant role on the global stage.  

She noted that Kenya is participating in the development of the deep sea mining regulations under the International Seabed Authority and that many Kenyan scientists have benefitted in the training programme for exploration of these resources. 

Ms Nkoroi expressed her optimism that with increased capacity building, Kenya will in the very near future, join the other countries in exploration and exploitation of the ocean resources.