Participation of Indigenous Peoples and Local Communities in the BBNJ Agreement: Legal Basis, Performance, and Prospects

Abstract Indigenous Peoples and local communities ( IPLC s) are recognised as a primary ‘non-State actor’ in ecological and environmental governance. As rights holders, crucial stakeholders, and key contributors to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction ( BBNJ Agreement), their participation in the Agreement not only fulfils the requirements of international law but also contributes significantly to its objectives. Currently, their participation is primarily manifested in the negotiation process and the institutional arrangements of the text. The former comprises both direct and indirect forms; the latter establishes a reasonable and comprehensive framework for their participation, albeit with certain limitations. Enhanced participation in implementation of the BBNJ Agreement will require enduring institutional mechanisms, States Parties fulfilling their legal obligations regarding IPLC s’ participation, and cooperative and coordinated ocean governance mechanisms with the Agreement.