CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by Mr. Basilio A. Gutierrez Garcia, representative of Cuba, on agenda item 76 a) and b) of the 64th UNGA “oceans and the law of the sea”
New York, 4 December 2009.

Mr. President,

We reaffirm the vital importance of the United Nations Convention on the Law of the Sea in keeping and strengthening peace, order, and sustainable development in oceans and seas.

Cuba places particular emphasis on the need to strengthen international cooperation among all actors participating in the management of seas and oceans, including know-how exchange and capacity building, which are paramount for developing countries.
For my country, given it is an island and it is located in the delicate ecosystem of the Caribbean Sea, the issues relative to seas and oceans are of particular interest.
Despite its economic hardships, Cuba has made and still makes huge efforts in the implementation of national strategies for sustainable development and protection of the marine environment, with a view to achieving a coherent, progressive and effective implementation of the Convention’s provisions.

Mr. President,

The United Nations Convention on the Law of the Sea establishes the suitable and universally accepted legal framework within which all the activities on oceans and seas must be carried out. 
Therefore, we are concerned at the policies and initiatives undermining the Convention’s regime, such as the current management of new sustainable uses of oceans, including the conservation and management of marine biological biodiversity beyond areas of national jurisdiction. In this respect, States must abide by the principles established in the Convention, which provides that marine scientific research in the Area must be carried out exclusively for peaceful purposes and for the benefit of Humanity as a whole.

We welcome the works of the Ad Hoc Working Group of the Whole to recommend a course of action to the General Assembly on the regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects, and especially the Recommendations annexed to its Report. 

This process must be undertaken based on the respect for the principles enshrined in the aforementioned Recommendations, which guarantee the full transparency of the process and an equitable geographic participation in all its activities.

Cuba considers this process, under the supervision of the UN General Assembly, must be permanently assisted by the Division for Ocean Affairs and the Law of the Sea, so as to ensure a greater coherence in its implementation.

Matters on crime at sea must be addressed on a case-by-case basis, and require holistic solutions under international law and the strict abidance by national jurisdictions.

The Cuban State has a solid institutionalization and national legislation on fighting crime at sea, particularly the illicit traffic in narcotic drugs and psychotropic substances, trafficking in persons, and piracy. Likewise, intense work has been made to continue strengthening bilateral and regional cooperation under the principles of international law, duly respecting sovereign States’ jurisdiction on their territorial sea and management of resources in the Exclusive Economic Zone.

Furthermore, we would like to emphasize the importance of preserving the Convention’s integrity and the implementation of its provisions as a whole, including the respect for the right of passage, as well as the obligation of States bordering straits to adopt laws and regulations relating to transit passage through such straits.

Mr. President,

At present, oceans and seas are facing one of the greatest challenges in their history: the problems arising from climate change at an unprecedented scale.
Arctic ice thickness continues to decrease.  Glaciers recede. Sea level rises. Small Island States run the risk of disappearing under the water.
Interconnection of oceanic systems leaves us no other choice than the cooperation among all States to guarantee the protection of global marine environment. Either we are all saved or nobody is. Therefore, developed countries have the responsibility to provide assistance to developing countries upon their request, so as to collaborate in the protection of oceans and seas.
With regard to the 1995 Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of the Straddling Fish Stocks and Highly Migratory Fish Stocks, although not a party to it, Cuba willingly complies with its major provisions on conservation and management.
The main reason Cuba is not a party to this Agreement is its concern about the mechanism of visits and inspection on board of the fishing vessels, established under articles 21 and 22 of this instrument.
We do not wish to conclude without first appreciating the work carried out by the coordinators of the two draft resolutions to be adopted on this topic, which will be supported by Cuba. Likewise, due to the growing importance of the issue of Oceans and the Law of the Sea, there is a need for informal meetings to be provided with full conference and translation services during the negotiation of these resolutions, which would contribute to the quality of these negotiations and that they clearly reflect the interests of all States, particularly developing countries.

Thank you.

(Cubaminrex-Misión ONU)

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