Africa-Press – Eswatini. Leading experts in the Law of the Sea experts have encouraged the Kingdom of Eswatini to pursue its ambitions to participate in maritime structures.
Ministry of Public Works and Transport Principal Secretary Thulani Mkhaliphi early this week revealed the government’s plans to enter the maritime trade space with the view to secure its own ships and and formalising its participation in maritime structures.
Prof. Maina said the Kingdom will need to sign and ratify a number of other conventions, which do not necessarily prevent the country to participate in the areas of its interest, but harmonises its relations with those countries with access to the sea.
He said one of those conversations is the United Nations Convention on the Law of the Sea (UNCLOS) and the BBNJ Agreement which will come into effect in January 17, 2026.
Professor Joseph M. Maina of the Macquarie Zunverity, Sydney, Australia, a spatial scientist, said this is the opportune time for Africa, in particular land-linked countries, to participate in the maritime space given the endorsement of the BBJN Agreement which comes into force next month.
He was interviewed on the sidelines of the Regional Workshop on the BBNJ Agreement for African States on the coast of the Indian Ocean, Gulf of Aden and the Red Sea and the Landlocked States in these regions, as well as well as States of the Benguela Current Convention held here in Addis Ababa.
Prof. Maina said the Kingdom is on the right track in pursuing the International Maritime Organisation (IMO) with the view to familiarise itself with the requirements to be a member of the IMO.
He said the conservation of Biodiversity Beyond National Jurisdictions (BBNJ) Agreement is giving countries like Eswatini equal access to resources beyond the exclusive economic zones of coastal countries like Mozambique and the Republic of South Africa.
He said the challenge of inland or land-linked countries has been very little exposure and knowledge of what is going on in the seas.
“The coming into effect of the BBNJ Agreement will now give these countries a claim into the economic activity that takes place in the sea and make it compulsory for them to be capacitated and resourced as well.
“The coastal countries are now obligated to share skills, knowledge and resources with the land-linked and become players in that economy,” Prof. Maina said.
He said it is time for African countries to come together and make specific proposals on what they want.
The Kingdom of Eswatini is yet to sign and ratify the BBNJ Agreement.
Foreign Affairs and International Cooperation Portfolio Committee Chairperson and Hhukwini MP Alec Lushaba attended the regional workshop which started on Monday and ended Friday.
Institute for Security Studies David Williama stated that the objective of the BBNJ Agreement is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (ABNJ) for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination.
He said the BBNJ ( also referred to as High Seas) Treaty seeks coordinated conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
Williama said the BBNJ Agreement 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,” he said.
Williama said promptly ratified and appropriately implemented, the Agreement can play a key role in halting the degradation of the marine environment and biodiversity loss in Areas Beyond National Jurisdiction (ABNJ), increasing knowledge, capacity, and access to marine technologies, as well as addressing climate change and its effects on the ocean.
“The BBNJ Agreement will generally benefit landlocked countries by contributing to asustainable ocean on which all humanity depends for climate regulation, ecosystem services, carbon sequestration, a functioning hydrologic cycle, and food security. It will also specifically benefit landlocked countries in many ways; particularly in terms of Capacity Building and Transfer of Marine Technology (CBTMT), access to and the benefit sharing of Marine Genetic Resources (MRGs) in ABNJ, and, more generally, in enhancing their ability to participate in a sustainable ocean economy,” he said.
When the Hhukwini MP was asked about his experience and what he learned from the regional workshop, he said the workshop was an eye-opener for him.
“Going to this workshop, I had consulted with our officials both in the ministry of foreign affairs and our UN Office in New York on where we stand on this issues. It was explained that as a country we have not yet signed or ratified any of the Law of the Sea conventions. “So I have learned that generally all countries, including Land-linked countries like Eswatini have equal rights to access and deceive benefits of the seas or oceans. “As a country that wants to have direct access to the sea for various use, it is important that we quickly peruse these agreements or conventions so that we appreciate our role and rights,” Hhhukwini MP said.
Leornard Bett from Kenya also encouraged Eswatini to intiiate the process of signing and ratifying the BBNJ Agreement respectively.
Lushaba said he was inspired by Malawi, a country also land-linked like Eswatini, but has been in the forefront in the negotiations in the BBNJ Agreement and became amongst the first countries not just to sign but ratified the agreement which comes into force next month.
Malawi
About UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS) is the comprehensive international treaty that sets the legal framework for all marine and maritime activities, defining coastal states’ rights and responsibilities for their oceans, establishing rules for navigation, resource management (like fisheries, oil), and protecting the marine environment, forming a crucial legal order for the seas and oceans, in force since 1994, governing everything from territorial waters to deep seabed mining.
About IMO
The International Maritime Organization (IMO)is a UN Agency (United Nations) that sets global standards for shipping safety, security, and environmental protection, aiming for efficient maritime transport on clean oceans by creating regulations adopted by its 170+ member states, covering everything from ship design and pollution to crew training and combating piracy.
About BBNJ Agreement
The BBNJ Agreement (Biodiversity Beyond National Jurisdiction) is a landmark UN treaty under UNCLOS, adopted in 2023 and set to enter force in 2026, creating a legal framework for conserving marine life in the high seas (areas outside national waters) by establishing protected areas, regulating activities, ensuring environmental impact assessments, and promoting fair sharing of marine genetic resources, aiming for sustainable ocean use.
About the ISA and Deep Sea Mining
Deep-sea mining (DSM) risks undermining BBNJ by damaging seafloor ecosystems, creating sediment plumes, and disrupting biodiversity critical to BBNJ’s pillars, with insufficient science for impact assessments. ISA regulations may authorise exploitation without full BBNJ coherence, as the Agreement’s precautionary tools (e.g., ABMTs) could restrict mining sites, yet a lack of harmonisation raises legal ambiguities. Unilateral mining outside ISA threatens shared high seas governance, eroding BBNJ’s environmental safeguards.
Why DSM Harms BBNJ – Call to Pause
DSM industrialises high seas prematurely, conflicting with BBNJ’s objectives by prioritising extraction over biodiversity conservation and equitable benefit-sharing for Africa. 40 states and 800+ scientists urge a moratorium until science and regulations align, preventing irreversible harm and ensuring BBNJ implementation first. Africa should champion a precautionary pause at ISA to protect ocean health, secure BBNJ benefits, and advance moratorium advocacy.
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