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), commonly known as the High Seas Treaty, officially entered into force on Saturday, January 17, 2026.
Despite Africa’s instrumental role in negotiations, as of early 2026, only 18 of 54 African nations have ratified the agreement. Prompt ratification and domestication are now critical for the continent to secure its interests in the “Common Heritage of Humankind” and drive a sustainable Blue Economy.
Securing Equity in Global Commons
The BBNJ Agreement governs the high seas – two-thirds of the global ocean – which were previously a regulatory vacuum. For Africa, ratification ensures participation in the Conference of the Parties (COP), where rules for the next decade will be established. Without party status, African nations risk being sidelined as wealthier powers define the governance of marine resources. This is particularly vital for landlocked developing countries (LLDCs) in Africa, as the treaty provides them legal standing to access benefits from resources beyond their direct borders.
Equitable Benefit-Sharing and Scientific Advancement
A cornerstone of the BBNJ Agreement is the fair and equitable sharing of benefits from Marine Genetic Resources (MGRs). These resources hold immense potential for pharmaceuticals and biotechnology. By domesticating the treaty, African states can institutionalise mechanisms to access digital sequence information and research data, enabling African scientists to participate in global innovation rather than remaining mere spectators to bioprospecting by developed nations.
Strengthening the Blue Economy and Food Security
Healthy high seas are essential for Africa’s food security, as they serve as vital migration corridors for fish stocks that eventually enter national waters. The treaty provides tools to establish Marine Protected Areas (MPAs) and conduct Environmental Impact Assessments (EIAs), which help curb illegal, unreported, and unregulated (IUU) fishing – a crisis costing Africa over $11 billion annually. Domestication allows states to align national maritime policies with global standards, leveraging uncrewed surveillance technology and regional cooperation to protect their aquatic wealth.
Capacity Building and Technology Transfer
The BBNJ framework mandates Capacity Building and the Transfer of Marine Technology to developing states. For African nations, this offers a pathway to upgrade scientific infrastructure and maritime enforcement capabilities. Ratification is the gateway to dedicated funding mechanisms – including a special fund and the Global Environment Facility (GEF) – designed to support implementation in resource-constrained regions.
Conclusion
As the first BBNJ COP approaches in late 2026, the window for Africa to act is narrowing. Ratification and domestication are not merely environmental obligations; they are strategic necessities to protect sovereignty, foster economic resilience, and ensure that the wealth of the high seas benefits all Africans, coastal and landlocked alike.
Media and civil society advocacy is essential to create the public and political pressure needed to move the instrument from the executive to the National Assembly for final concurrence.
And more importantly, civil society must now transition from advocacy to active implementation in supporting ratification and domestication processes by assisting the remaining African nations in legal and policy adjustments required to formalize the treaty into national law.
By Anthony Akpan, President, Pan African Vision for the Environment