- Members of Indigenous peoples and coastal communities convened at the United Nations Permanent Forum on Indigenous Issues to call for their inclusion in the Agreement on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), also known as the High Seas Treaty.
- These are the first-ever calls by Indigenous and coastal communities as members attending the forum prepare for the entry into force of the BBNJ agreement.
- Their participation could include involvement in governance, environmental management, and best-practice strategies based on traditional ecological knowledge and values.
- The BBNJ agreement will enter into force once at least 60 countries ratify it. So far, 113 countries have signed the agreement, while 19 have ratified the treaty.
This story is published through the Indigenous News Alliance.
In Native Hawaiians’ genealogical stories, says Solomon Kahoʻohalahala, the coral polyp is considered the oldest ancestor, and they hold spiritual relationships with migratory animals, including the Koholā, or humpback whale (Megaptera novaeangliae).
“Koholā is the manifestation of our god of the sea and is revered for its ability to dive into the depths of the deep sea and the realm of the sacred place of our creation, far beyond our imaginations,” he said. “Their care and protection are vital for the existence of species and Native Hawaiians.”
For generations, the traditional ecological knowledge, values, and spiritual beliefs of Indigenous peoples related to forests, lands, waters, and territories have helped conserve nature and its resources. “We do not see ourselves above nature, which is quite different from the colonial perspective that sees dominion over all things,” said Kahoʻohalahala, chairperson of Maui Nui Makai Network, a group of community and partner organizations across the Hawaiian Islands.
For these reasons, during one of the world’s largest convenings of Indigenous peoples—the U.N. Permanent Forum in New York City—representatives of Indigenous and coastal communities gathered to push for their integration into all aspects of the Agreement on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), sometimes known as the ‘High Seas Treaty’. In 2023, the U.N. adopted the agreement for the conservation and sustainable use of marine biodiversity and ecosystems within the two-thirds of the world’s ocean that lie beyond any country’s jurisdiction.
These are the first-ever calls by Indigenous and coastal communities as members attending the forum begin steps to prepare for the agreement’s entry into force.
On the high seas, threats to marine ecosystems are escalating—from overfishing and rising ocean temperatures to acidification and potentially devastating deep-sea mining. Indigenous and coastal community leaders say these changes are directly undermining their land, food, water sovereignty, and cultures. Studies show that ocean warming and acidification cause the depletion of fish stocks and other marine species, and have affected communities’ access to marine resources, income sources, and food security.
Even if international policy determines that the high seas are owned by no one, delegates say Indigenous and coastal communities—who depend on migratory species and have spiritual connections to the deep sea—should be included. Their participation could include roles in governance, environmental management, and best-practice strategies grounded in traditional ecological knowledge and values.
“It’s a responsibility to include Indigenous peoples in a meaningful way,” said Ghazali Ohorella, adviser to the International Indian Treaty Council, adding that they can play a key role in ocean management and conservation. “Historically, Indigenous peoples were included only on the sidelines, as we have seen in other processes.”
Studies show that two-thirds of the high seas, which host a range of undiscovered biodiversity, support important fisheries for Indigenous and coastal communities and provide migratory routes for numerous marine species. Meanwhile, these areas harbor rare ecosystems such as deep-water corals and species yet to be discovered.
The treaty includes elements to build ocean resilience, support sustainable fisheries, and ensure environmental impact assessments, while promoting the conservation and sustainable use of marine genetic resources. However, some environmental experts and Indigenous and coastal communities criticize the treaty for not directly regulating deep-sea mining and exempting it from environmental impact assessments—an omission they say could backfire on conservation efforts.
Possibilities of involvement
To strengthen the participation of island communities in ocean conservation under the agreement, Kahoʻohalahala said Indigenous peoples should be included in each subsidiary body and committee (smaller units that handle specific tasks) that will be part of the treaty’s implementation. This, he said, will help bridge existing gaps that exclude Indigenous people from conservation decision-making.
“It is no longer appropriate to merely acknowledge our presence, but to seek our input, counsel, and our collective decision-making for ocean conservation and solutions,” says Kahoʻohalahala.
This idea has already attracted the interest of some national representatives during closed-door meetings, he shared.
Representatives of Indigenous organizations also called for the implementation of traditional knowledge and perspectives in the scientific and technical subsidiary bodies, as well as in the implementation and compliance committees. The upcoming Conference of the Parties for this agreement, they say, should establish a stand-alone committee for Indigenous peoples and local communities to uphold Indigenous rights, inclusion, equitable participation, partnership, and benefit-sharing.
According to Clement Yow Mulalap, legal adviser for the Federated States of Micronesia’s permanent mission to the U.N., other possibilities exist as well. The agreement could incorporate the knowledge of Pacific coastal communities on migratory species populations, discuss regulations on hunting in or near the high seas, and include Indigenous peoples and coastal communities in environmental management and best practices.
Leaders who attended the meetings said that capacity building and the transfer of marine technology—a section of the agreement focused on developing and sharing knowledge and technology for marine research—must become a two-way process for sharing skills and knowledge between Indigenous peoples and other stakeholders.
Some parties also discussed the need to achieve equality between science and traditional knowledge, the latter of which is mentioned in the agreement.
“They are not otherwise ranked or tiered,” said Yow Mulalap. “So, there will be a need to operationalize that textual parity into practical terms.”
As one potential model, Sara Olsvig, chair of the Inuit Circumpolar Council, said the council has developed its own ethical and equitable engagement protocols aimed at making scientists more accountable to Indigenous peoples and their knowledge.
“Challenges exist, but the uniqueness of this structure is that Indigenous peoples are at the table and we are part of the decision-making,” Olsvig said.
The BBNJ agreement will enter into force when at least 60 countries ratify it. So far, 113 countries have signed the agreement, while 19 have ratified the treaty. Delegates hope the agreement will enter into force by the 3rd U.N. Ocean Conference in June 2025.
While treaty ratification continues to gain momentum, Kahoʻohalahala said unity is vital for Indigenous and local communities across the Pacific.
“Although divided within Polynesia, Melanesia, and Micronesia, we belong to one ocean. It is important for us to begin erasing some of these boundaries to protect the ancestral knowledge that is common to us as Indigenous peoples and coastal communities.”
Banner image: In Native Hawaiians’ genealogical stories, they hold spiritual relationships with migratory animals, including the Koholā, or humpback whale. Image by Hannes Klostermann / Ocean Image Bank.
This story is published through the Indigenous News Alliance.
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