By Bunmi Yekini
A landmark United Nations treaty designed to protect biodiversity in international waters has entered into force, but most African countries are yet to ratify it, raising fears the continent could be sidelined as new rules are written for the world’s oceans.
The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), widely known as the High Seas Treaty, took effect on Jan. 17, 2026.
Despite Africa’s active role in negotiating the pact, only 18 of the continent’s 54 countries had ratified it as of early 2026, according to Pan African Vision for the Environment (PAVE), a Lagos-based environmental advocacy group.
“Prompt ratification and domestication are now critical if Africa is to secure its interests in what the treaty calls the ‘Common Heritage of Humankind’ and build a truly sustainable blue economy,” said Anthony Akpan, president of PAVE, in a statement.
The treaty governs the high seas, which cover about two-thirds of the global ocean and until now were widely regarded as a regulatory vacuum. Countries that ratify the agreement gain the right to participate in its governing Conference of the Parties (COP), where detailed rules on marine protection, resource access and enforcement will be negotiated.
Akpan warned that African states that fail to become parties risk being locked out of decisions that could shape marine resource governance for decades.
“Without party status, Africa risks watching wealthier powers define how marine resources are accessed and protected,” he said, adding that the treaty is particularly significant for Africa’s landlocked developing countries, which would gain legal standing to benefit from resources beyond national borders.
A central element of the agreement is the fair and equitable sharing of benefits from marine genetic resources, biological materials that could be used in pharmaceuticals, cosmetics and biotechnology. PAVE said domesticating the treaty into national law would help African governments create systems that give local scientists access to research data and digital genetic information, allowing them to participate in global innovation rather than remain on the margins.
The organisation also linked the treaty to food security, noting that healthy high seas serve as migration corridors for fish stocks that replenish coastal waters.
The agreement enables the creation of marine protected areas and requires environmental impact assessments for potentially harmful activities. These tools, Akpan said, could help African states curb illegal, unreported and unregulated fishing, which is estimated to cost the continent more than $11 billion each year.
Domestication of the treaty would also allow countries to align national maritime policies with global standards and strengthen monitoring through new technologies and regional cooperation, PAVE said.
Under the BBNJ framework, developed states are required to support capacity building and the transfer of marine technology to developing countries. Akpan described this as a pathway for African nations to upgrade scientific infrastructure and maritime enforcement, supported by dedicated funding windows, including a special BBNJ fund and the Global Environment Facility.
With the first Conference of the Parties expected in late 2026, PAVE said the window for Africa to act is narrowing.
“Ratification and domestication are not just environmental commitments; they are strategic necessities to protect sovereignty, build economic resilience and ensure the wealth of the high seas benefits all Africans, coastal and landlocked alike,” Akpan said.
He called on media and civil society groups to intensify advocacy to move the treaty through executive channels and into national legislatures for approval.
“Civil society must now shift from advocacy to active implementation,” he added, urging organisations across the continent to support governments with the legal and policy reforms needed to embed the treaty into national law.