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United Nations Department of Economic and Social Affairs Sustainable Development

The Rights of the Pacific Ocean as a Legal Entity : A science based feasibility study

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Scientific community
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    Description
    Description
    "At the beginning was the Ocean..."
    The Pacific Ocean is more than water or food cellar for most Pacific Islanders. It is part of their lives, of their family, of their blood. Land, Sea and Men are a whole. The Ocean has its mana (spiritual authority) and mauri (life force).
    To recognize the Pacific Ocean as a legal person is in keeping with Pacific Islands cultures.
    Recognizing rights to Nature as person is not only a legal possibility nowadays but probably the best next step in environmental protection policies. Whanganui, Ganges and Yamuna Rivers, Nature in Ecuador and Bolivia have opened the way to think big in terms of Rights of the Nature.
    Our commitment is to undertake multi-disciplinary scientific studies to enhance knowledge on the Ocean, to identify possible rights to be recognized to the Ocean on its own, in compliance with existing international law, to improve existing national laws and propose new ones to treat and protect the Ocean as a person, enhance its resilience in the wake of Climate Change, over-exploitation of marine biodiversity and past and future man-made pollutions and give it a legal voice in its own right.
    The final objective is to draft with participatory methods by 2020 a convention on the Rights of the Pacific Ocean open for signature for all countries. the Secretariat of this Convention would be the parens patriae for the Pacific Ocean, its guardian and its voice in the legal and political arena.
    We intend to work in a peaceful and constructive approach with national governments, intergovernmental organizations, citizens, private sector stakeholders etc. without any discrimination.
    If successful this commitment could be replicated for other Oceans and Elements of Nature.
    Partners
    IRD (Scientific Community)
    SPREP (Intergovernmental organization)
    Conservation International Pacific Islands programme (NGO)
    Centre International de Droit Compar de l'Environnement (NGO)

    Goal 15

    Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss

    Goal 15

    15.1

    By 2020, ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands, in line with obligations under international agreements

    15.1.1
    Forest area as a proportion of total land area
    15.1.2
    Proportion of important sites for terrestrial and freshwater biodiversity that are covered by protected areas, by ecosystem type

    15.2

    By 2020, promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally

    15.2.1
    Progress towards sustainable forest management

    15.3

    By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world

    15.3.1
    Proportion of land that is degraded over total land area

    15.4

    By 2030, ensure the conservation of mountain ecosystems, including their biodiversity, in order to enhance their capacity to provide benefits that are essential for sustainable development

    15.4.1
    Coverage by protected areas of important sites for mountain biodiversity
    15.4.2
    Mountain Green Cover Index

    15.5

    Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2020, protect and prevent the extinction of threatened species

    15.5.1
    Red List Index

    15.6

    Promote fair and equitable sharing of the benefits arising from the utilization of genetic resources and promote appropriate access to such resources, as internationally agreed

    15.6.1
    Number of countries that have adopted legislative, administrative and policy frameworks to ensure fair and equitable sharing of benefits

    15.7

    Take urgent action to end poaching and trafficking of protected species of flora and fauna and address both demand and supply of illegal wildlife products

    15.7.1
    Proportion of traded wildlife that was poached or illicitly trafficked

    15.8

    By 2020, introduce measures to prevent the introduction and significantly reduce the impact of invasive alien species on land and water ecosystems and control or eradicate the priority species

    15.8.1
    Proportion of countries adopting relevant national legislation and adequately resourcing the prevention or control of invasive alien species

    15.9

    By 2020, integrate ecosystem and biodiversity values into national and local planning, development processes, poverty reduction strategies and accounts

    15.9.1

    (a) Number of countries that have established national targets in accordance with or similar to Aichi Biodiversity Target 2 of the Strategic Plan for Biodiversity 2011–2020 in their national biodiversity strategy and action plans and the progress reported towards these targets; and (b) integration of biodiversity into national accounting and reporting systems, defined as implementation of the System of Environmental-Economic Accounting

    15.a

    Mobilize and significantly increase financial resources from all sources to conserve and sustainably use biodiversity and ecosystems

    15.a.1

    (a) Official development assistance on conservation and sustainable use of biodiversity; and (b) revenue generated and finance mobilized from biodiversity-relevant economic instruments

    15.b

    Mobilize significant resources from all sources and at all levels to finance sustainable forest management and provide adequate incentives to developing countries to advance such management, including for conservation and reforestation

    15.b.1

    (a) Official development assistance on conservation and sustainable use of biodiversity; and (b) revenue generated and finance mobilized from biodiversity-relevant economic instruments

    15.c

    Enhance global support for efforts to combat poaching and trafficking of protected species, including by increasing the capacity of local communities to pursue sustainable livelihood opportunities

    15.c.1
    Proportion of traded wildlife that was poached or illicitly trafficked

    Goal 6

    Ensure availability and sustainable management of water and sanitation for all

    Goal 6

    6.1

    By 2030, achieve universal and equitable access to safe and affordable drinking water for all

    6.1.1

    Proportion of population using safely managed drinking water services

    6.2

    By 2030, achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations

    6.2.1

    Proportion of population using (a) safely managed sanitation services and (b) a hand-washing facility with soap and water

    6.3

    By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater and substantially increasing recycling and safe reuse globally

    6.3.1

    Proportion of domestic and industrial wastewater flows safely treated

    6.3.2

    Proportion of bodies of water with good ambient water quality

    6.4

    By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcity
    6.4.1

    Change in water-use efficiency over time

    6.4.2

    Level of water stress: freshwater withdrawal as a proportion of available freshwater resources

    6.5

    By 2030, implement integrated water resources management at all levels, including through transboundary cooperation as appropriate

    6.5.1

    Degree of integrated water resources management 

    6.5.2

    Proportion of transboundary basin area with an operational arrangement for water cooperation

    6.6

    By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes
    6.6.1

    Change in the extent of water-related ecosystems over time

    6.a

    By 2030, expand international cooperation and capacity-building support to developing countries in water- and sanitation-related activities and programmes, including water harvesting, desalination, water efficiency, wastewater treatment, recycling and reuse technologies
    6.a.1

    Amount of water- and sanitation-related official development assistance that is part of a government-coordinated spending plan

    6.b

    Support and strengthen the participation of local communities in improving water and sanitation management

    6.b.1

    Proportion of local administrative units with established and operational policies and procedures for participation of local communities in water and sanitation management

    Goal 16

    Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

    Goal 16

    16.1

    Significantly reduce all forms of violence and related death rates everywhere

    16.1.1
    Number of victims of intentional homicide per 100,000 population, by sex and age
    16.1.2
    Conflict-related deaths per 100,000 population, by sex, age and cause
    16.1.3

    Proportion of population subjected to (a) physical violence, (b) psychological violence and (c) sexual violence in the previous 12 months

    16.1.4

    Proportion of population that feel safe walking alone around the area they live after dark

    16.2

    End abuse, exploitation, trafficking and all forms of violence against and torture of children

    16.2.1

    Proportion of children aged 1–17 years who experienced any physical punishment and/or psychological aggression by caregivers in the past month

    16.2.2
    Number of victims of human trafficking per 100,000 population, by sex, age and form of exploitation
    16.2.3

    Proportion of young women and men aged 18–29 years who experienced sexual violence by age 18

    16.3

    Promote the rule of law at the national and international levels and ensure equal access to justice for all

    16.3.1
    Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms
    16.3.2
    Unsentenced detainees as a proportion of overall prison population
    16.3.3

    Proportion of the population who have experienced a dispute in the past two years and who accessed a formal or informal dispute resolution mechanism, by type of mechanism

    16.4

    By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime

    16.4.1
    Total value of inward and outward illicit financial flows (in current United States dollars)
    16.4.2
    Proportion of seized, found or surrendered arms whose illicit origin or context has been traced or established by a competent authority in line with international instruments

    16.5

    Substantially reduce corruption and bribery in all their forms

    16.5.1
    Proportion of persons who had at least one contact with a public official and who paid a bribe to a public official, or were asked for a bribe by those public officials, during the previous 12 months
    16.5.2
    Proportion of businesses that had at least one contact with a public official and that paid a bribe to a public official, or were asked for a bribe by those public officials during the previous 12 months

    16.6

    Develop effective, accountable and transparent institutions at all levels

    16.6.1
    Primary government expenditures as a proportion of original approved budget, by sector (or by budget codes or similar)
    16.6.2

    Proportion of population satisfied with their last experience of public services

    16.7

    Ensure responsive, inclusive, participatory and representative decision-making at all levels

    16.7.1

    Proportions of positions in national and local institutions, including (a) the legislatures; (b) the public service; and (c) the judiciary, compared to national distributions, by sex, age, persons with disabilities and population groups

    16.7.2
    Proportion of population who believe decision-making is inclusive and responsive, by sex, age, disability and population group

    16.8

    Broaden and strengthen the participation of developing countries in the institutions of global governance

    16.8.1

    Proportion of members and voting rights of developing countries in international organizations

    16.9

    By 2030, provide legal identity for all, including birth registration

    16.9.1
    Proportion of children under 5 years of age whose births have been registered with a civil authority, by age

    16.10

    Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

    16.10.1
    Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months
    16.10.2
    Number of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information

    16.a

    Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime

    16.a.1
    Existence of independent national human rights institutions in compliance with the Paris Principles

    16.b

    Promote and enforce non-discriminatory laws and policies for sustainable development

    16.b.1
    Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law

    Goal 13

    Take urgent action to combat climate change and its impacts

    Goal 13

    13.1

    Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries

    13.1.1

    Number of deaths, missing persons and directly affected persons attributed to disasters per 100,000 population

    13.1.2

    Number of countries that adopt and implement national disaster risk reduction strategies in line with the Sendai Framework for Disaster Risk Reduction 2015–2030

    13.1.3

    Proportion of local governments that adopt and implement local disaster risk reduction strategies in line with national disaster risk reduction strategies

    13.2

    Integrate climate change measures into national policies, strategies and planning

    13.2.1

    Number of countries with nationally determined contributions, long-term strategies, national adaptation plans and adaptation communications, as reported to the secretariat of the United Nations Framework Convention on Climate Change

    13.2.2

    Total greenhouse gas emissions per year

    13.3

    Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning

    13.3.1

    Extent to which (i) global citizenship education and (ii) education for sustainable development are mainstreamed in (a) national education policies; (b) curricula; (c) teacher education; and (d) student assessment

    13.a

    Implement the commitment undertaken by developed-country parties to the United Nations Framework Convention on Climate Change to a goal of mobilizing jointly $100 billion annually by 2020 from all sources to address the needs of developing countries in the context of meaningful mitigation actions and transparency on implementation and fully operationalize the Green Climate Fund through its capitalization as soon as possible

    13.a.1

    Amounts provided and mobilized in United States dollars per year in relation to the continued existing collective mobilization goal of the $100 billion commitment through to 2025

    13.b

    Promote mechanisms for raising capacity for effective climate change-related planning and management in least developed countries and small island developing States, including focusing on women, youth and local and marginalized communities


     

    13.b.1

    Number of least developed countries and small island developing States with nationally determined contributions, long-term strategies, national adaptation plans and adaptation communications, as reported to the secretariat of the United Nations Framework Convention on Climate Change

    Goal 14

    Conserve and sustainably use the oceans, seas and marine resources for sustainable development

    Goal 14

    14.1

    By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution

    14.1.1

    (a) Index of coastal eutrophication; and (b) plastic debris density

    14.2

    By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans

    14.2.1

    Number of countries using ecosystem-based approaches to managing marine areas

    14.3

    Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

    14.3.1
    Average marine acidity (pH) measured at agreed suite of representative sampling stations

    14.4

    By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics

    14.4.1
    Proportion of fish stocks within biologically sustainable levels

    14.5

    By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information

    14.5.1
    Coverage of protected areas in relation to marine areas

    14.6

    By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation

    14.6.1

    Degree of implementation of international instruments aiming to combat illegal, unreported and unregulated fishing

    14.7

    By 2030, increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture and tourism

    14.7.1

    Sustainable fisheries as a proportion of GDP in small island developing States, least developed countries and all countries

    14.a

    Increase scientific knowledge, develop research capacity and transfer marine technology, taking into account the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, in order to improve ocean health and to enhance the contribution of marine biodiversity to the development of developing countries, in particular small island developing States and least developed countries

    14.a.1
    Proportion of total research budget allocated to research in the field of marine technology

    14.b

    Provide access for small-scale artisanal fishers to marine resources and markets

    14.b.1

    Degree of application of a legal/regulatory/policy/institutional framework which recognizes and protects access rights for small‐scale fisheries

    14.c

    Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in United Nations Convention on the Law of the Sea, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of "The future we want"

    14.c.1

    Number of countries making progress in ratifying, accepting and implementing through legal, policy and institutional frameworks, ocean-related instruments that implement international law, as reflected in the United Nations Convention on the Law of the Sea, for the conservation and sustainable use of the oceans and their resources

    Name Description
    14.1 By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution
    14.3 Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels
    14.4 By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics
    14.5 By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information
    14.6 By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation
    14.7 By 2030, increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture and tourism
    14.a Increase scientific knowledge, develop research capacity and transfer marine technology, taking into account the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, in order to improve ocean health and to enhance the contribution of marine biodiversity to the development of developing countries, in particular small island developing States and least developed countries
    14.b Provide access for small-scale artisanal fishers to marine resources and markets
    14.c Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in United Nations Convention on the Law of the Sea, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of "The future we want"
    Identification of the covered area
    Draft convention
    Clearing legal, economic, political and diplomatic hurdles
    Identification of the stakes and defining rights of the Ocean
    In-kind contribution
    Scientific Research, fund raising orperations to support the research
    Title Progress Status Submitted
    Partnership Progress 2021-03-06 On track
    Partnership Progress 2019-01-28 On track
    False
    Action Network
    Ocean conference wheel logo
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    Timeline
    09 January 2017 (start date)
    06 August 2020 (date of completion)
    Entity
    Insitut de Recherche pour le Développement (IRD)
    SDGs
    Geographical coverage
    Marseille FRANCE
    Other beneficiaries
    Ocean biodiversity, Pacific Islanders
    Ocean Basins
    North Pacific, South Pacific
    Communities of Ocean Action
    Marine pollution, Ocean acidification, Marine and coastal ecosystems management, Sustainable fisheries, Sustainable blue economy, Scientific knowledge, research capacity development and transfer of marine technology, Implementation of international law as reflected in United Nations Convention on the Law of the Sea
    Website/More information
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    Countries
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    Contact Information

    Victor DAVID, Charg d'Etudes