Why Parliament Must Ratify High Seas Biodiversity Treaty

By Andrew Mwangura

Email, thecoastnewspaper@gmail.com

Kenya stands at a critical juncture in marine conservation history as the Parliamentary Committee on Blue Economy, Water and Irrigation prepares to table its recommendations on the High Seas Biodiversity Treaty (BBNJ Agreement), our nation has an unprecedented opportunity to lead in protecting the world’s ocean commons while securing tangible benefits for our people.

The committee’s deliberations under MP Kangogo Bowen’s chairmanship represent more than routine parliamentary procedure—they signal Kenya’s potential emergence as a progressive voice in global ocean governance.

With 115 signatories already committed and only 38 more ratifications needed for the treaty to take effect, Kenya’s participation could prove pivotal in achieving this milestone.

Treaty Tailored for Kenya’s Interests

The BBNJ Agreement’s four pillars align remarkably well with Kenya’s maritime aspirations and offer concrete benefits for our coastal communities. 

The provision for “fair and equitable benefit-sharing” from marine genetic resources offers our nation a stake in the blue economy that extends far beyond our territorial waters.

More importantly, these benefits can flow directly to fishing communities through improved infrastructure, training programs, and alternative livelihood opportunities.

As pharmaceutical and biotechnology companies increasingly turn to the ocean for breakthrough discoveries, Kenya’s early participation ensures we won’t be relegated to the sidelines of this emerging economic frontier.

The resulting revenue streams could fund coastal development projects, fishing harbor improvements, and support for sustainable fishing practices that benefit local communities.

The establishment of marine protected areas through area-based management tools presents Kenya with opportunities to influence conservation strategies in regions where our fishing fleets operate.

Rather than restricting access, well-designed marine protected areas often serve as nurseries that replenish fish stocks in surrounding areas, ultimately benefiting commercial and artisanal fishers alike.

Perhaps most compelling for coastal communities is the treaty’s commitment to capacity-building and technology transfer. 

Kenya’s marine research institutions could channel new technologies and knowledge directly to fishing communities. 

This includes improved fish storage and processing techniques, sustainable fishing methods, and access to weather forecasting systems that enhance safety and productivity at sea.

Beyond National Waters

Critics may question why Kenya should concern itself with areas beyond national jurisdiction when domestic marine challenges demand attention.

This perspective, while understandable, misses the interconnected nature of ocean systems and ignores the treaty’s potential to transform the lives of Kenya’s coastal fishing communities.

The health of our coastal waters depends intrinsically on the broader Indian Ocean ecosystem. Pollution, overfishing, and climate impacts in international waters inevitably affect our shores—and the livelihoods of the over 400,000 Kenyans who depend directly on fishing and related activities along our coast.

Kenya’s artisanal fishers, from Lamu to Shimoni, face increasingly depleted local stocks. 

The BBNJ Agreement’s sustainable management provisions could help restore fish populations that migrate between national and international waters. When tuna, kingfish, and other commercially important species are better protected in the high seas, they return to our coastal waters in greater numbers, directly benefiting local fishing communities.

The treaty’s capacity-building provisions specifically target developing nations’ fishing sectors. 

This means potential access to modern fishing technologies, improved post-harvest handling techniques, and enhanced market linkages for Kenya’s coastal communities. Small-scale fishers could benefit from training programs, equipment upgrades, and access to regional markets—opportunities currently limited by resource constraints.

Moreover, Kenya’s fishing industry increasingly operates in regional waters. Our participation in the BBNJ Agreement ensures our fishers have a voice in establishing sustainable practices and protected areas that could affect their livelihoods. Better to shape these policies from within than accept them as external impositions that could restrict access without consultation.

Momentum Factor

With ratification already receiving Cabinet approval in September 2024, the governmental machinery recognizes this treaty’s strategic value. The formal submission to Parliament in April reflects careful consideration of Kenya’s interests and obligations. 

Parliamentary hesitation now would waste this momentum and potentially exclude Kenya from early implementation benefits.

The treaty’s imminent activation—requiring just 38 more ratifications—creates urgency. Early ratifiers often secure preferential positions in treaty governance structures and benefit-sharing mechanisms.

Kenya’s participation in the initial cohort of parties could yield long-term dividends in influence and resources.

Translating Vision into Livelihoods

Parliament’s decision on the BBNJ Agreement will test Kenya’s commitment to transforming rhetoric about the blue economy into concrete benefits for ordinary citizens, particularly our coastal fishing communities.

We frequently speak of harnessing our maritime potential, yet here stands a mechanism to do precisely that while directly improving the lives of those who depend on the sea.

The environmental impact assessment provisions offer Kenya opportunities to export our expertise in environmental management to international forums while ensuring that any high seas activities consider their effects on local fishing grounds. 

Our experience with marine conservation, from coral reef protection to sustainable fisheries management, provides valuable knowledge for global application and potential income through technical consultancy services.

For fishing communities, the treaty represents hope for reversing declining catches and expanding economic opportunities.

International cooperation on marine conservation could lead to joint training programs, equipment sharing, and market access initiatives that benefit Kenya’s coastal populations.

The alternative-continued degradation of marine resources without international coordination—offers little prospect for improving coastal livelihoods.

The Path Forward

As Bowen’s committee prepares its report, parliamentarians should consider not just the treaty’s immediate implications but its long-term potential to position Kenya as a maritime leader.

The BBNJ Agreement represents the kind of forward-thinking international engagement that could define Kenya’s role in the 21st century’s blue economy.

The committee’s recommendation should be unequivocal: ratification serves Kenya’s interests and values.

Our nation has consistently championed multilateral cooperation and environmental stewardship.

The High Seas Biodiversity Treaty embodies both principles while offering practical benefits for our people.

Parliament must seize this moment. Kenya’s ocean opportunity awaits—but only if we have the vision and courage to grasp it. The high seas are calling, and Kenya should answer with confidence and commitment.

The writer is a policy analyst specializing in maritime governance and blue economy development.