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Africa Risks Missing the Boat: Why the High Seas Treaty Is a Make-or-Break Moment for the Continent

 

By Anthony Akpan

On January 17, 2026, the world entered a new era of ocean governance as the High Seas Treaty—formally known as the BBNJ Agreement—came into force. The treaty governs nearly two-thirds of the planet’s oceans, areas once described as a legal “wild west.” Yet, just weeks into this historic moment, Africa finds itself on the brink of being left behind.

Despite playing a decisive role in negotiating the agreement, only 18 of Africa’s 54 countries have ratified it. With the first Conference of the Parties (COP) set for late 2026, the clock is ticking. Failure to act swiftly could see Africa locked out while powerful nations carve up rules, benefits, and access to the ocean’s vast wealth.

The High Seas Treaty is not a spectator sport. Only ratifying countries get a seat at the table where decisions will be made on marine protection, resource access, and benefit-sharing for decades to come. Without ratification, African states risk watching from the sidelines as others define how the “Common Heritage of Humankind” is managed—and who profits.

This is especially critical for Africa’s landlocked developing countries, which, under the treaty, finally gain legal standing to benefit from resources beyond national borders. Staying out means surrendering that hard-won right.

At the heart of the treaty is Marine Genetic Resources (MGRs)—the building blocks of future medicines, vaccines, and biotechnologies. These resources are already fueling billion-dollar industries in the Global North. Without domestication of the treaty, African scientists and institutions risk remaining mere observers while others patent discoveries drawn from shared oceans.

Ratification gives African countries the legal tools to demand fair benefit-sharing, access research data, and plug local scientists into global innovation pipelines.

This is not just about science—it’s about survival. The high seas are the lifeline of Africa’s fisheries, serving as migration routes for fish stocks that feed millions and support coastal economies. When these ecosystems collapse, Africa pays the price first.

The treaty empowers countries to establish Marine Protected Areas and enforce Environmental Impact Assessments, key weapons against illegal, unreported, and unregulated fishing, which drains more than $11 billion every year from Africa’s economy. Domestication allows countries to modernize maritime laws, deploy advanced surveillance, and cooperate regionally to defend their waters.

The BBNJ Agreement also opens the door to capacity building and technology transfer, addressing one of Africa’s biggest constraints: limited marine science and enforcement infrastructure. Ratification unlocks access to dedicated funding streams, including a special BBNJ fund and support from the Global Environment Facility (GEF)—resources specifically designed to help developing regions implement the treaty.

As COP 1 approaches, Africa faces a stark choice: lead or lag. Ratifying and domesticating the High Seas Treaty is not an environmental luxury—it is a strategic necessity tied to sovereignty, economic resilience, food security, and scientific relevance.

Media and civil society must crank up the pressure to push ratification through national assemblies. But advocacy alone is no longer enough. Civil society must pivot to hands-on support, helping governments align laws, policies, and institutions with the treaty’s requirements.

The High Seas Treaty is Africa’s chance to claim its fair share of the world’s largest commons. Miss this moment, and the cost will be measured not just in lost influence—but in lost wealth, lost food, and lost futures.

Anthony Akpan is the President of Pan African Vision for the Environment (PAVE)

 

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