Since the start of the UNCED process, marine mammals have had
their own slot on the agenda under the item "Protection of
Oceans, all kind of Seas, including Enclosed and Semienclosed
Seas, Coastal Areas and the Protection, Rational Use and
Development of their Living Resources".
No other specific group of animals was brought up on the UNCED
agenda, and one might ask wether a focus on specific animals
is in keeping with the overall goal of UNCED, which is to
protect the global environment from environment threats, and
at the same time to promote development - not to deal with the
management of specific animals.
The rationale of the inclusion was probably that the whaling
issue had been dealt with at the Stockholm Conference in 1972,
so it also founds its way into the Rio Agenda. The Stockholm
Conference called for a moratorium on commercial whaling on
the basis of scientific uncertainty about the status of the
stocks. As you will be aware, this moratorium was implemented
by the IWC in 1985.
During the last three PrepCom meetings leading up to Rio, some
governments proposed, and made extensive effort to promote, a
new moratorium, and there was a call for IWC jurisdiction over
the small cetaceans at the Rio conference. Both proposals
failed, basically because they were not grounded on scientific
evidence, and because they conflicted with the rest of the
text in the oceans chapter.
During the work of finalizing texts for Agenda 21, it became
clearer and clearer that the fundamental trend i this global
working programme arises from concepts of regional cooperation
where possible, and is based on the sustainable utilization of
the world's protein resources (as well as other resources that
can sustainably support development in the poorer regions of
the globe) for the benefit of the hungry and developing part
of the world.
Viewed in this light, and in the light of exploding
populations of some marine mammals (seals), as well as clear
signals from the IWC Scientific Committee that some whale
populations are now at levels that can sustain hunting, it
become obvious that governments which do not wish to exploit
some of their marine protein resources are demanding an
exemption from the overall goal of helping to feed a hungry
world, and - for non-scientific reasons - are claiming the
right to protect some living resources in their waters,
contrary the whole idea of UNCED.
The consensus at PrepCom 4 therefore reflects these opposite
positions, inasmuch as it gives states and international
organizations rights to impose restrictions on the use of
marine mammals within their jurisdiction that go beyond the
overall goal of sustainable use. This in accordance with
Article 65 of the Law of the Sea Convention, and exactly the
same wording is used.
On the other hand, this makes it very clear that, since this
is an exemption, the general rule is that marine mammals
should be sustainably used for the benefit of mankind, like
the rest of the living resources covered by the chapter.
The consensus also recognizes the responsibility of the IWC
and the work of the IWC Scientific Commission, but at the same
time it stresses that the basis of the IWC is the 1946
International Convention for Regulating of Whaling, and that
the Scientific Commission has special responsibility for the
study of large whales.
This of course relates to the IWC as an organization for
regulation of the use of whales and signals that scientific
arguments are the only basis for restrictions on whaling.
Finally, the consensus recognizes the work of regional
organizations in the conservation, management and study of
cetaceans and other marine mammals, thus ensuring that the
positive work that can be done specifically on small cetaceans
will have full support of the world community.
This consensus brings the issue of marine mammals in UNCED
into line with the overall goals and aspirations of the Rio
meeting, and the issue has found its natural place of
sustainable use and a scientific rationale in dealing with all
living marine resources have now also been applied to marine
mammals. It is now up to the IWC to observe the
recommendations of the world community. This issue of whaling
should now be closed as far as UNCED in Rio is concerned.