Theresa Rodriguez-Moodie and Robyn Young | Issues surrounding deep-sea mining

Discussions on deep-sea mining (DSM) at Part II of the 29th Session of the International Seabed Authority in Kingston, Jamaica that concluded on August 2.

Highlighted are a few of the significant developments coming out of the meetings:

• Expansion of moratorium movement: The number of states joining the moratorium movement on deep-sea mining has grown to 32. Jamaica has still not joined this movement.

• New leadership at ISA: Brazilian oceanographer Leticia Carvalho was elected as the new secretary-general of the International Seabed Authority. She is the first woman and scientist to hold this position and will begin her four-year term on January 1, 2025.

• Spotlight on dark oxygen discovery: The groundbreaking discovery of “dark oxygen” was a focal point during the assembly meeting. Dark oxygen is produced by naturally occurring metallic “nodules” which split seawater into hydrogen and oxygen. Several states, including Panama, Palau, Vanuatu, Finland, and Belgium, highlighted this research, emphasising the need for more scientific understanding before making decisions on deep-sea mining.

• General policy for marine environment protection: A proposal for a general policy for the protection and preservation of the marine environment was reintroduced, led by Chile and supported by over 30 states, including Jamaica. While this marks progress from last year, no decision was made to begin developing the policy which has the potential to establish necessary safeguards before deep-sea exploitation can be considered.

KNOWLEDGE-SHARING SESSION

The young ocean leaders in Jamaica, in partnership with the Jamaica Environment Trust, hosted a knowledge-sharing session focused on the economic and legal implications of deep-sea mining, particularly for Jamaica as a sponsoring state.

Blue Minerals Jamaica signed a 15-year contract with the ISA on March 16, 2021 with the Government of Jamaica as a sponsoring state for the exploration of polymetallic nodules in the Clarion-Clipperton Zone of the Pacific Ocean. Sponsoring states are required to:

• Ensure that their contractor’s seabed mineral activities are carried out in accordance with Part XI of The United Nations Convention on the Law of the Sea.

• Implement laws and establish national administrative measures that are ‘reasonably appropriate’ for securing compliance by the mining contractor.

• Actively monitor the operations of its contractor, in coordination with the ISA, and keep legislation, regulations and administrative measures under review.

With these requirements in mind, and following the knowledge-sharing session, several critical questions have been raised that all Jamaicans deserve answers to:

• Jurisdiction of the contractor: Does Blue Minerals Jamaica (BMJ), the company sponsored by the Government of Jamaica, have an actual presence in Jamaica?

• Ownership and governance: What percentage of BMJ is owned by Jamaicans? Does BMJ have any Jamaican directors, senior staff, or employees?

• Selection of the contractor: How was BMJ chosen? Was there enough due diligence done to ensure they are a creditable and competent partner?

• Legislative framework: Is there a stringent DSM national law? If it is currently being drafted, will the public be engaged?

• Monitoring: Regulating deep-sea mining is costly, requiring technical expertise and resources. Has a local body been designated to undertake the necessary monitoring?

• Liability: Who bears the liability risks? We understand the basic legal position is that it is both the contractor and the sponsoring state – unless the sponsoring state takes steps to channel liability to the contractor. Has this been done in Jamaica’s case?

• Public consultation and engagement: Was there public engagement by th Government before signing the contract with BMJ? What steps are being taken to ensure individuals have appropriate access to information, and the opportunity to participate in decision-making processes about deep seabed mineral activities supported by Jamaica? Has BMJ conducted any national consultations? Does BMJ offer any training, community investments, placements on research vessels, or other local investments for Jamaicans?

• Data sharing: Is BMJ required to share the scientific data it collects during exploration with the Jamaican government?

• Benefits: What benefits are expected, and how will any benefits be shared with the sponsoring state? What costs of sponsorship are anticipated being incurred by Jamaica? Has a cost-benefit analysis been undertaken?

Deep-sea mining in the Clarion-Clipperton Zone in the Pacific could pave the way for mining in areas closer to Jamaica, potentially impacting the Caribbean’s fisheries sector. If the dangerous gamble with DSM goes wrong, it risks triggering a domino effect of unintended consequences that could destabilise the ocean, exacerbating the climate crisis, cause species extinction, habitat destruction, and impact global food security.

It is not too late for Jamaica to review the terms of its contract with BMJ to reduce potential liabilities, and it is important that Jamaica support a moratorium on deep-sea mining for the future well-being of our planet and our communities. A moratorium is essentially a long-term time-out to learn more about the deep sea and assess potential impacts in order to develop protocols for extended protection of marine ecosystems.

Theresa Rodriguez-Moodie is an environmental scientist and CEO of Jamaica Environment Trust and Robyn Young is a marine scientist and Youth Ocean Advocate. Send feedback to columns@gleanerjm.com