Speeches

Issued by the Ministry of Justice and Constitutional Development of the Republic of South Africa’s statement on International Law of the Sea delivered by Minister of Justice and Constitutional Development Mmamoloko Kubayi at the 63rd Annual Session of Asia-African Legal Consultative Organisation, Kampala, Uganda, 10 September 2025

President / Vice-President
Excellencies
Distinguished delegates

South Africa thanks the Secretariat for its comprehensive brief on this important topic.

The Law of the Sea has always been a central topic within AALCO, enabling African and Asian perspectives to be integrated into evolving challenges of ocean governance.

South Africa ratified the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in 1997.

We consider UNCLOS to be the legal bedrock for the peaceful, equitable, and sustainable use of marine resources. It provides the normative framework for addressing traditional issues and emerging threats, from biodiversity loss to climate change.

Marine Environment and Climate Obligations

The protection of the marine environment is an obligation under UNCLOS. We note the ITLOS Advisory Opinion, which confirms that greenhouse gas emissions constitute pollution of the marine environment.

This is a significant affirmation of binding duties of States to prevent, reduce, and control such harm, applying precaution and the principle of common but differentiated responsibilities.

South Africa welcomes the adoption of the BBNJ Agreement in 2023, as the third implementing agreement under UNCLOS, which it signed in June of this year.

It fills critical gaps in governing areas beyond national jurisdiction through marine protected areas, environmental impact assessments, and capacity building. We urge AALCO Member States to accelerate ratification to ensure early entry into force.

Mr President, on Deep Seabed Mining and the International Seabed Authority (ISA), the “Area” and its resources are the common heritage of humankind.

As a member of the ISA Council since its inception, and re-elected in August 2024 for the period 2025–2028, South Africa takes seriously its responsibility to ensure that activities in the Area are conducted for the benefit of all nations.

We attach importance to the ISA’s work to finalise a robust, precautionary Mining Code before any commercial exploitation begins. Scientific uncertainty about the impacts on fragile ecosystems requires that we err on the side of environmental protection.

South Africa has consistently raised the need for simpler, effective mechanisms for environmental compensation and funding, as well as for meaningful recognition of socio-economic impacts and rehabilitation costs.

Maritime Security and Safety

Cooperative regional and international approaches are vital in addressing piracy, illegal, unreported and unregulated (IUU) fishing, and other unregulated maritime activities. South Africa supports enhanced collaboration between coastal States and regional organisations to strengthen monitoring, surveillance, and enforcement capacities

Excellencies,
The Law of the Sea embodies the principle that our oceans are a shared resource to be managed for the common good. South Africa remains committed to defending UNCLOS, advancing Afro-Asian priorities within the ISA, and ensuring that environmental protection, equity, and the rule of law remain central to global ocean governance.

I thank you.