STATEMENT BY
MS. AFZAN ABD KAHAR
SENIOR FEDERAL COUNSEL
ATTORNEY GENERAL’S CHAMBERS OF MALAYSIA
AT THE INFORMAL WORKING GROUP OF THE PREPARATORY COMMISSION FOR THE ENTRY INTO FORCE OF 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 AND THE CONVENING OF THE FIRST MEETING OF THE CONFERENCE OF THE PARTIES TO THE AGREEMENT
ITEM 5:
PRELIMINARY EXCHANGE OF VIEWS ON THE ISSUES FOR CONSIDERATION AT THE SECOND
SESSION
THURSDAY, 24 APRIL 2025
Co-Chairs, Distinguished delegates,
1. Malaysia echoes the others in extending our heartfelt gratitude to the Co-Chairs, the Secretariat, and all delegations for their tireless work and invaluable contributions during this session. While we recognise the significant progress achieved in our first session, we must acknowledge that there is still considerable work to effectively operationalise the BBNJ Agreement. In this regard, I would like to draw attention to several key elements that warrant our collective focus and dedication.
2. In addressing the first question, Malaysia recognises the importance of several key elements that the Preparatory Commission should consider. These include the structure and modalities of the secretariat, the size and composition of the subsidiary bodies, the allocation of financial resources and mechanisms, including the scales of contributions, and the operationalisation of the Clearing House Mechanism.
3. Malaysia underscores the importance of the Preparatory Commission II taking into account strategies to address developing countries' unique interests, needs, and priorities. It is essential for the Commission to explore tailored approaches that ensure these nations are well represented and supported in the decision-making process, ultimately fostering equitable development and addressing their specific challenges.
4. My delegation also emphasises that the existing mandates should be respected and that the BBNJ Agreement’s intent is to complement, not undermine, other legal instruments. Therefore, it is necessary to provide guidance on how the COP and the BBNJ institutions should operate in areas where regional or subsectoral bodies already exist.
5. Malaysia looks forward to receiving the revised documents as well as accompanying notes from the secretariat and supporting documents, including flow charts, comparative analyses, and a matrix that outlines specific elements pertinent to each subsidiary body. For that, Malaysia is prepared to engage constructively in Preparatory Commission II and looks forward to further collaborative dialogues.
Thank you.