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STATEMENT ON BEHALF OF THE GROUP OF 77 AND CHINA BY THE DELEGATION OF URUGUAY AT THE THIRD SESSION OF THE PREPARATORY COMMISSION OF THE BBNJ AGREEMENT ON ARRANGEMENT FOR THE FUNCTIONING OF THE SECRETARIAT, INCLUDING ITS SEAT (CLUSTER 1, ISSUE 4) (New York, 23 March 2026) |
Distinguished Co-Chairs,
1. I have the honor to deliver this statement on behalf of the Group of 77 and China. From the onset, I wish to thank the Secretariat for providing document A/AC.296/2026/8. While our Group is still considering various aspects of this topic, we wish to offer the following remarks.
2. Arrangements regarding the secretariat must ensure equitable representation of developing countries at all levels, including the designation of the Head of the Secretariat, and through staff rules and regulations. This requires dedicated attention to unrepresented and underrepresented developing States in the future.
3. Any arrangement for the secretariat should prioritize the equitable geographical representation as a vital element for the benefit of developing countries. Standards of efficiency and competence must not undermine this principle. Practical steps should be taken to effectively support the representation of developing countries, such as ensuring effective, equitable geographical representation in the election of the Head of the Secretariat, and allocating specific quotas for nationals from developing countries, in the professional and higher categories of staff in the secretariat. Such measures should be viewed as a baseline rather than a ceiling and should not hinder or limit the future admission of additional nationals from developing countries through regular processes. We would also expect to have the Head of the Secretariat periodically report on the progress of achieving these targets and any corrective measures, if required.
4. Regarding privileges and immunities, as the Group underscored during the previous meetings of the PrepCom, it is imperative to include not only Secretariat officers and their dependents as well as representatives of States Parties but also representatives of observer States and experts in mission participating in the proceedings related to the Agreement, including but not limited to its Conference of the Parties and meeting of its subsidiary bodies.
5. It is evident that concluding an appropriate and effective headquarters agreement with the host country is critical for the efficient functioning of the secretariat and the performance of the functions of states' representatives and missions. For the Group, it is essential that the host country provides the widest possible range of privileges and immunities and administrative facilities. This framework should consider the Convention on the Privileges and Immunities of the United Nations and ensure the principle of non-discrimination, respecting the dignity and freedom of representatives. Inclusivity must be central to these arrangements to ensure the effective participation of State representatives, facilitated by the prompt issuance of visas and exemption from immigration restrictions, freedom of movement or transit, inviolability of communications, and the safety of attendees.
6. Regarding the relationship between the Secretariat and the United Nations, including its specialized agencies, the Group envisions a tailored approach for the BBNJ Secretariat that balances operational capacity with strict independence. While we recognize the importance of links with the UN system, the Secretariat should remain autonomous, not tied to the UN budget or administrative control, unless the COP decide otherwise. Moreover, the Head of the Secretariat should report directly to the COP, ensuring its independence in decision-making and actions. Furthermore, the appointment of the Secretary should be elected by the COP and not appointed by the UN Secretary-General. At the present stage, the PrepCom should embark on discussing the conditions, procedures, and a timeline for the selection of the first Secretary for the CoP's reference.
7. We recognize that certain elements of UN regulations could be beneficial, and we suggest adopting fundamental UN regulations as a baseline, including UN Staff Rules and Regulations. Additionally, we propose providing the Secretariat with practical tools, such as UN laissez-passer for officers, access to conference services, UN Joint Staff Pension Fund, to leverage synergies with the UN System without sacrificing independence. Based on comparative experience, additional regulations should also be explored to avoid normative gaps, on a supplementary basis, for example, regulations on conflicts of interest among the Secretariat personnel.
8. We believe that the mandates of the secretariat need to be addressed in a balanced, impartial and cost-effective manner. For example, under Article 50(4)(f), the secretariat is mandated to provide assistance with the implementation of Agreement; we look forward to discussing how to adequately address the balances between the secretariat's ability of assisting Parties, upon their request, and, at the same time performing such mandate under the guidance and supervision of the CoP.
9. In accordance with the Agreement, the decision on the seat of the secretariat lies with the first CoP and should be adopted by consensus. The G77 and China express a strong preference for the seat to be hosted by a developing country. At the present stage, the PrepCom may embark on discussing the conditions and procedures for the selection of the seat of the secretariat for the CoP's reference.
10. Finally, we believe the aforementioned structural elements require careful consideration by this PrepCom to ensure the Secretariat effectively serves the Parties and the Agreement's objectives.
I thank you.