A number of IGOs and a large number of NGOs participated in the Conference. Among the former group were representatives from regional and subregional fisheries organizations.
In line with its mandate in the UN system, FAO played an important role in the Conference through the provision of a Scientific and Technical Adviser to the Conference and most of the technical information on fisheries that was considered by the Conference. At the end of the Conference the FAO undertook, within its financial and technical capacity, to work towards the implementation of the Agreement. In turn, the Chairman paid tribute to the role played by FAO in the Conference noting that the scientific and technical information provided by the Organization had greatly facilitated discussion and debate in the Conference.
Other UN agencies participating in the Conference included the Intergovernmental Oceanographic Commission (IOC) of UNESCO, which also made a number of technical statements available to the Conference, the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP) and the World Bank.
From an early stage in the Conference it was recognized and agreed by States that the outcome would be implemented through subregional or regional organizations or arrangements. Indeed, this issue was never the subject of real debate in any of the Conference sessions. However, for existing subregional or regional fishery organizations or arrangements, the role that these organizations or arrangements will be expected to play in the implementation of the Agreement poses a number of important questions concerning the scope of their mandates and technical capacity to engage in the conservation and management of straddling fish stocks and highly migratory fish stocks.
Regional or subregional fisheries organizations represented at the Conference, and which participated in the debate through the presentation of statements included the IATTC, ICCAT, Latin American Organization for the Development of Fisheries (OLDEPESCA), FFA and CPPS. Some other fishery organizations participated in some sessions but did not enter into the debate.
A number of subregional and regional fishery organizations or arrangements have responsibility for the conservation and management of high seas resources, while other organizations do not. In addition, some FAO regional fishery organizations do not have the required conservation and management mandates. These organizations will need to be thoroughly reviewed and, if necessary, their mandates and functions adjusted, in order to enable them to fulfil the responsibilities they have been given under the Agreement.
FAO has recently appraised the legal, technical and financial capacity of its subregional and regional fishery organizations with a view to assessing their appropriateness for the implementation of the Agreement. In some instances a sharing of functions is being contemplated such as the approach used in the South Pacific where the South Pacific Commission (SPC) undertakes scientific/technical assessments as a basis for conservation and management. In turn, the recommendations are taken into account by the FFA in proposing the implementation of management decisions by its Members. A similar approach might be considered for some FAO fishery bodies whereby their scientific, technical and advisory management expertise could be combined with existing management decision-making arrangements in their respective regions.
There was a degree of disappointment in the Conference among some States that regional and subregional fishery organizations or arrangements did not have a more active role in the Conference process, given that these organizations or arrangements will be required to largely implement the outcome of the Conference. The Chairman of the Conference was mindful of this consideration and addressed this issue at the end of the second session of the Conference. He also expressed his concern that representatives from these organizations or arrangements had not been given adequate seating, and in fact some representatives were required to sit on the Conference floor with friendly delegations or with the NGOs. Subsequently, UN conference services rectified the matter and representatives from the regional or subregional organizations or arrangements were provided dedicated seating.
A large number of NGOs participated in the sessions of the Conference (Annex 2). While the Chairman attempted to accommodate NGO interests as much as possible, the extent of NGO participation and influence in the Conference may be less than they would have liked. However, the tight Conference timetable, the large number of NGOs accredited to the Conference, and limited seating capacity, especially in the informal sessions, required NGOs to consolidate themselves into groups for the purposes of delivering statements and for participating in informal sessions. Nonetheless, despite these difficulties and limitations NGOs made substantial and important written contributions to the Conference on all articles in the Agreement. These contributions demonstrated the thorough and competent understanding NGOs have of global, regional, and local issues facing the conservation and management of straddling fish stocks and highly migratory fish stocks. However, only a few delegations including Canada, New Zealand and the United States, had NGO representatives. Nonetheless, a number of delegations consulted regularly with NGOs and these delegations were prepared to take NGO issues and positions forward in Conference debate.
The NGOs accredited to the Conference were extremely well organized, meeting intersessionally and daily during the sessions to discuss issues before the Conference, to develop common positions, to receive briefings from delegations and organizations participating in the Conference, and reciprocally, to provide briefings for the delegations and organizations on NGO positions and thinking. The daily reporting on Conference events in the Earth Negotiations Bulletin, and in other publications, was of considerable assistance to delegations, and in particular those delegates which were unable to participate in all sessions or attend all meetings of each session.
It was apparent from the NGO participation in the Conference that they are well briefed on current international fisheries issues and that they could call upon technical assessments and support of a very high order. Although some States in the past expressed reservations about the role being played by NGOs in international conferences of this type, there was a high level of professional respect for the technical contributions being made by NGOs in the Conference.
