PIF: 52nd Pacific Islands Forum Communique

The 52^nd Pacific Islands Leaders Forum (6-10 November 2023, Cook Islands) adopted the 52^nd Pacific Islands Forum Communique (9 November 2023) and a number of annexed instruments which touch upon numerous law of the sea issues:

Leaders welcomed and endorsed the 2050 Strategy Implementation Plan (9 November 2023) for the 2050 Strategy for the Blue Pacific Continent (2022) [para 9].

Leaders endorsed the Pacific Regional Framework on Climate Mobility (9 November 2023) which “firmly acknowledges Forum Members’ fundamental priority to ‘stay in place’ in our ancestral homes, including through land reclamation, and is a global first that aims to provide practical guidance to governments planning for and managing climate mobility, while also respecting Members’ national laws and policies” [para 21]:

• We will preserve our formal ties to home and, recalling our Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise, continue to exercise sovereignty and sovereign rights over maritime zones and resources. The Framework acknowledges and will preserve our right to stay at home and deepen collective responsibility and accountability for the stewardship of the Blue Pacific Continent. We will ensure protection against statelessness and respect associated rights [Pacific Regional Framework on Climate Mobility (9 November 2023) para 16].

Leaders considered and endorsed the 2023 Pacific Islands Forum Declaration on the Continuity of Statehood and the Protection of Persons in the Face of Climate Change-Related Sea Level Rise (9 November 2023) and its Aide-Memoire [para 24]:

Leaders strongly encouraged the participation of all Forum Members in the International Court of Justice Advisory Opinion on Climate Change proceedings and noted the Secretariat has made an official request for permission to make a submission [para 27].

Leaders reaffirmed fisheries as a standing agenda item, and their commitment to sustainably management and development [para 30].

Leaders encouraged the Forum WTO members to ratify the Fisheries Subsidies Agreement and conclude the second wave of negotiations by the thirteenth WTO Ministerial Conference (MC13), including issuance of the Forum Statement on WTO Fisheries Subsidies (9 November 2023) in preparation thereof [para 37]:

• Leaders noted that 84% harmful fishing subsidies go to capacity enhancing programs that fuel overcapacity and overfishing, which lead to the continuing decline in global fish stocks.
• Leaders therefore reiterated their call in 2022 for all Forum WTO Members to work together to advance the negotiations and to aim to conclude the second wave of the negotiations towards comprehensive disciplines that include subsidies to overcapacity and overfishing with appropriate and effective special and differential treatment by MC13 in February 2024 [Forum Statement on WTO Fisheries Subsidies (9 November 2023) p 1].

Leaders recognised the sovereignty of Members to determine their own national positions on the discharge by Japan of over a million tonnes of Advanced Liquid Processing System (ALPS) treated nuclear wastewater into the Pacific Ocean [para 44].

Leaders noted the release of the ALPS treated nuclear wastewater into the Pacific Ocean on 24 August 2023 and continuing over the next 30 years, and recommended and encouraged Japan to:
(a) embed the Fukushima issue as a standing item of the [Pacific Leaders Meeting] PALM agenda; and
(b) establish political dialogue annually to ascertain safety issues based on international safety standards and ongoing independent monitoring by the IAEA [para 50].

The 52^nd PIF Leaders Statement on the Fukushima ALPS-Treated Nuclear Wastewater Issue (9 November 2023) reaffirms PIF Leaders “are committed to embedding nuclear related discharge as a standing item on the PIF agenda and relevant Pacific partner summits, including PALM, and to a political dialogue annually to consider safety issues based on international safety standards and ongoing independent monitoring by the IAEA”.

Leaders promoted full compliance by the Parties to the provisions of the Rarotonga Treaty, and reiterated the invitation to remaining non-Party Forum Members to accede to the Treaty, and urged the United States to ratify the Treaty Protocols [paras 53-54].

Leaders noted the update provided by Australia in relation to the Trilateral Security Pact between Australia, the United Kingdom and the United States (AUKUS), and welcomed the transparency of Australia’s efforts, and commitment to compliance with international law [para 56].

Leaders encouraged Members to sign onto the BBNJ Agreement, noting that some Members are undertaking necessary national approval processes. Leaders endorsed the proposed way forward to provide coordinated regional support on Members’ implementation of the BBNJ Agreement, through the [Office of the Pacific Ocean Commissioner] OPOC [para 58].

Leaders encouraged Members to join the High Level Ambition Coalition to End Plastic Pollution, and continued support and involvement in the ongoing plastics treaty negotiations [para 59].

Leaders acknowledged the significant interest in deep sea minerals among specific Members and recognised and respected the diversity of positions amongst Members on deep sea minerals development and sovereign decision-making [para 68].

Leaders acknowledged commitments by development partners to support all countries in the region to achieve primary submarine cable connectivity and secure options for redundancy [para 74].