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Guest Editorial: Update on the Inter-American Convention for the Protection and Conservation of Sea Turtles
Jack Frazier
Conservation and Research Center, National Zoological Park, Smithsonian Institution, 1500 Remount Road, Front Royal, Virginia 22630, USA (E-mail: kurma@shentel.net)
Over the past few years, several notes have appeared in this Newsletter about The Inter-American Convention for the Protection and Conservation of Sea Turtles (IAC), the only international treaty dedicated exclusively to the conservation of sea turtles and their habitats (Donnelly 1995; 1996; Somma 1996; Frazier 1997; Anon. 1998). The gestation of the Convention occurred during four formal intergovernmental (and several other, informal) meetings, between 19th September 1994 and 5th September 1996, when the delegates approved the text. After the final "homogenization of language," and according to Article XXI, Paragraph 1, the treaty was open for signing from 1st December 1996 until 31st December 1998. Setting a fixed deadline for States to subscribe to, or sign, a treaty is a common practice; it is a mechanism for setting up clear temporal goals in the development and implementation of an international instrument. Examples where this has not been done, and valuable accords have languished, include the SPAW Protocol of the Cartagena Convention, which has great importance to Caribbean sea turtle conservation, among other things.
However, signing a treaty is only part of the process. When the government of a country subscribes to an international instrument it is essentially acknowledging that the text is acceptable. A country that has only signed a treaty is not yet bound by the provisions of the accord. Ratification is quite another matter, for it means that the government of the country agrees to honor the terms of the treaty, and in fact accepts the terms of the instrument as legally binding - that is, once the treaty enters into force. Signing and ratification are like engagement and marriage: not all signatories follow through and ratify. For example, the government of the United States of America has signed, but not ratified, a long and remarkable list of international accords, many of them of tremendous importance; these unconsummated treaties include the Convention on Biodiversity, the United Nations Convention on the Law of the Sea, and the Vienna Convention on the Law of Treaties. According to Article XXII, Paragraph 1 of the IAC: "This Convention shall enter into force ninety days after the date of deposit of the eighth instrument of ratification." Thus, a limited period for signing is a double-edged sword; after the period ends, the future of the treaty is entirely in the hands of those states that have subscribed to it. If a minimum of eight ratifications is needed for the treaty to come into force, and if it is not realistic to expect that all signatories will ratify, then logically one should strive for far more than the minimum of eight states to sign during the period available. For example, if on average two-thirds of the States signing a treaty followed through to ratify it, then 12 signatories would be needed to attain the minimum of eight ratifications in a timely manner.
The IAC has enjoyed strong and continued support from the international sea turtle community, fisheries organizations and regional conservation associations. Resolutions supporting the Convention and its implementation have been passed during the 16th, 17th and 18th Annual Symposia on the Biology and Conservation of Sea Turtles (27th February - 2nd March 1996; Hilton Head, South Carolina, USA; 4th - 8th March 1997, Orlando, Florida; USA; 2nd - 7th March 1998, Mazatlán, Sinaloa, Mexico, respectively); the Central American Regional Workshop on the Conservation of Sea Turtles (27th September - 1st October 1997, Tortuguero, Costa Rica; Resolución No. 4); an OLDEPESCA Conference of Ministers (27th November 1997, Belize; Resolution No. 154-CM-97); and the Annual General Meeting of the Caribbean Conservation Association (26th-28th August 1998, Dominica). Hence, as the period of signing entered its final quarter, and there were only six signatories (Brazil, Costa Rica, Nicaragua, Peru, USA and Venezuela), Michael Coyne and I, with the collaboration of many colleagues, developed a website to provide information and promote the Convention <https://seaturtle.org/iac/> which was launched on 3rd September 1998. Every effort was made to have the website fully functional in the four official languages of the Convention: English, French, Portuguese and Spanish (Anon., 1998). This website has generated wide support for the IAC, with more than 720 people from 39 countries "signing-on" as of the date of this writing. More than 20 "sign-ons" were deposited from each of the following countries (with the principle sectors of society indicated in parenthesis): Barbados (diverse), Brazil (diverse, especially TAMAR), Chile (citizen-action groups), Colombia (students and universities), Mexico (diverse), Uruguay (students and universities), USA (diverse) and Venezuela (students and universities). Wanting was a manifestation of support by specialists in Mexico and the USA, especially academics (who often pride themselves as being "politically neutral", convinced that this makes them more honest seekers of the truth).
Nevertheless, by November 1998, with only 2 calendar months left in the period of signing, there were still only six signatories, even though the governments of several nations that had subscribed to the Convention, as well as a regional fisheries organization, had encouraged other countries to also sign. At this point, an incredible network of conservationists, environmental lawyers and sea turtle biologists formed and swung into action; an intensive campaign began informing governments that time was running out, trying to impress upon them the importance of participating in this hemispheric initiative. Focused lobbying was carried out in Belize, Chile, El Salvador, Guatemala, Mexico and Uruguay in Latin America; Barbados and Jamaica in the Caribbean; and to some extent also in the three European nations that are eligible: France, Netherlands and the United Kingdom. National leaders coordinated the respective efforts, soliciting information and letters of endorsement from colleagues, nationally and internationally. A very effective hub developed in Costa Rica. The effort not only involved providing copies of the official text of the Convention, but supplying government officials with critical information on the signing process as well as contacts in the Depositary country - Venezuela. Because the last weeks of the period of signing coincided with the Christmas and year-end festivities, there were tremendous frustrations as some key people left for the holidays. In one case, travel arrangements had to be made in the midst of the Christmas travel rush so that the country in question could sign the treaty before the deadline.
Consequently, during the last two weeks of 1998 six more Signatories joined the Convention: Belize - 21st of December; The Netherlands - 24th; Honduras and Mexico - 29th; and Ecuador and Uruguay - 31st. In relation to these six countries, several details bear mention. Special emergency meetings were called in Belize to clear up outstanding questions and send an emissary (who was officially on holiday) to Caracas to sign, for Belize has no embassy in Venezuela. Although informed of the IAC very late, Dutch authorities appeared well before the deadline to subscribe to it. This European nation is included in the IAC because of it territories in the Caribbean, and Dutch collaboration will be critical for achieving regional coverage. The government of Honduras had in fact issued instructions to sign nearly a year before, but a bureaucratic slip resulted in having to start the process anew; despite the ravages of Hurricane Mitch, Honduras was able to complete this in time. The lack of response from Mexico caused concern among numerous governments and conservationists, especially Mexican environmentalists, since Mexico had hosted the first two intergovernmental meetings, and had been the initial promoter of the IAC. Mexico's last minute signing, after intensive lobbying by Mexican environmentalists, was welcomed with great relief. Upon being alerted about the IAC, Ecuador's newly installed government showed strong interest, and, starting basically from scratch, signing the treaty on the last day - proof that where there is political will, some bureaucracies can be remarkably fast. Uruguay, like the Netherlands, had not participated in any of the planning meetings. The collaboration of this southern nation in this regional initiative is of tremendous significance. Although there is no sea turtle nesting in Uruguay, this nation hosts important foraging areas, so Uruguay joining the treaty signals the depth of international support for regional conservation of these shared resources.
Governments of several countries showed considerable interest in the IAC, but for diverse reasons were unable to sign before the deadline; several are of particular note. Guatemala, although ravaged by hurricane Mitch, had proceeded all the way through approval by the President, but they needed extra time to sign the Convention; although they asked for a time extension, this was not granted. In El Salvador, people both inside and outside government, who deal with environmental matters, manifested great interest, but the Ministry of Foreign Affairs was concerned about the implications that signing might have for an on-going disagreement over maritime boundaries with a neighboring country. Chile was apparently very close to signing; letters from the Ambassador Rolando Stein (Director of Environment, Ministry of Foreign Relations) and Rodrigo Egaña Baraona (Director, National Commission on the Environment) were sent to numerous conservationists stating that the government was concerned about turtle conservation and was working toward signing on time. However, in the end the Subsecretary of fisheries did not provide the required approval to meet the deadline. Barbados also manifested considerable interest, but was unable to complete the internal evaluation on time. Her Majesty's Government in London was progressing on the issue, but in the end they could not get the full consensual accords from various Caribbean territories in time. A common problem was that Ministries of Foreign Affairs had not been fully informed about the IAC until very late.
To date only Venezuela, the Depositary country, has ratified the Inter-American Convention for the Protection and Conservation of Sea Turtles. Both houses of the Brazilian Congress have approved the IAC, and an early ratification had been hoped for, until the economic crisis hit at the beginning of this year. In Peru, there has recently been considerable interest in following through with ratification; as Peru has no significant nesting, but does have important feeding areas, their participation will add greatly to the true hemispheric importance of the Convention. Several months ago the ratification of the IAC was thought to be very close in Costa Rica, but it seems to have been preceded by other issues on the agenda of the National Assembly. Indications are that the governments of both Ecuador and Mexico are supportive of ratification; and sources in the Royal Netherlands Government indicate that they expect to ratify by this spring. Now that the Congress of the US seems to have finished with the impeachment proceedings, they may find time to take up legislative work, including the ratification of this treaty. However, as political process in Congress is routinely influenced by intentional misinformation (Pulliam 1998), vigilance is imperative. Although we have no information about the status of ratification in Belize, Honduras, Nicaragua or Uruguay, these governments are expected to be proceeding toward ratification.
Clearly, the sooner that there are seven more ratifications, the sooner the IAC will come into force. At that time, States that have not signed can join the IAC through the process of accession. Article XXII, Paragraph 2 states: "After the Convention has entered into force, it shall be open for accession by States in the Americas. This Convention shall enter into force for any such State on the date of its deposit of an instrument of accession with the Depositary." Despite differing laws in each nation, the significance and political process involved in accession are comparable to those involved in ratification - it is a mechanism by which States that were not able to sign can participate fully in the treaty, with full legal obligations.
As has been stated earlier (Frazier 1997), the IAC is based on other fundamental international instruments, such as the United Nations Convention on the Law of the Sea of December 10th, 1982; Agenda 21, adopted by the 1992 U.N. Conference on Environment and Development; the Code of Conduct for Responsible Fishing, adopted by the Conference of the Food and Agriculture Organization of the United Nations in its 28th Session (1995); and the Convention on International Trade in Endangered Species (CITES). Hence, it provides a unique framework for promoting much needed regional cooperation in the conservation of migratory marine turtles. At the same time, by fully acknowledging the environmental, cultural and socio-political differences between nations, the Inter-American Convention for the Protection and Conservation of Sea Turtles strengthens internal laws and programs of member States. During the up-coming VI Reunion of Latin American Sea Turtle Specialists, to be held immediately prior to the 19th Annual Symposium on the Biology and Conservation of Sea Turtles, the Convention will once again be discussed as one of the highest priorities. National meetings to promote rapid ratification are also being held in Costa Rica and Mexico, among others.
Although much work remains to be done, the Inter-American Convention for the Protection and Conservation of Sea Turtles is much closer to being a reality. The selfless commitment of scores of sea turtle biologists, environmental lawyers, and other conservationists who have dedicated immeasurable time, effort and resources to conserving these shared resources throughout the hemisphere is that much closer to bearing fruit.
Acknowledgements: Anna Cederstav, Asociación Interamericana para la Defensa del Medio Ambiente (AIDA), Marydele Donnelly, IUCN/SSC Marine Turtle Specialist Group (MTSG), and an anonymous reviewer provided valuable comments on earlier drafts; and they, as well as scores of other colleagues throughout the Americas, were instrumental in the "incredible network" mentioned earlier.
ANON. 1998. Website for The Inter-American Convention for the Protection and Conservation of Sea Turtles. Marine Turtle Newsletter 82:19.
DONNELLY, M. 1995. Western Hemisphere sea turtle treaty negotiations. Marine Turtle Newsletter 70: 7-9.
DONNELLY, M. 1996. The evolution of the Western Hemisphere sea turtle treaty. Marine Turtle Newsletter 73: 18-20.
FRAZIER, J. 1997. Guest Editorial: Inter-American Convention for the Protection and Conservation of Sea Turtles. Marine Turtle Newsletter 78:7-13.
PULLIAM, H. R. 1998. The political education of a biologist: Part II. Wildlife Society Bulletin. 26 (3) 499-503.
SOMMA, A. 1996. Report on the sea turtle negotiations. Marine Turtle Newsletter 75: 16-17.