By Marc Ake
Tonga is one of the sponsoring states for The Metals Company (TMC), a Canadian deep sea mining company trying to secure rights to mine in the Clarion Clipperton Zone (CCZ) between Hawai’i and Mexico.
It’s been 5 years since TMC first built their relationship with the kingdom under an agreement with Tonga Offshore Mining Limited (TOML) a company under TMC.
In August the Tongan government signed a revised agreement with TOML despite heavy criticism from NGOs and members of the public.
The Minister of Lands and Survey, Dr ‘Uhilameilangi Fasi highlighted public misinterpretation of the agreement adding that research activities are taking place in Tongan waters but clarified that all works are in the CCZ.
However, a marine scientist believes that even if deep sea mining operations are kept to the confines of the CCZ there may be financial and legal implications.
The marine scientist says that Tonga could be held legally liable for any harm caused by its sponsored company, even if the activity occurs outside its waters.
“Past experiences, such as Papua New Guinea’s failed Solwara 1 project, show that governments can bear heavy financial losses when DSM ventures collapse. Promised revenues often look attractive on paper but depend on uncertain production volumes, fluctuating mineral prices, and strong global demand.”
The expert added that the potential financial burden could only outweigh the ecological and economic benefits, if Tonga secures a strong safeguard such as performance bonds, transparent monitoring, and realistic revenue-sharing arrangements.
In other words, while the risks to Tongan waters are low, the risks to Tonga as a state and society are very real and must be weighed carefully against any potential financial gains.
He says Tonga’s physical distance to the CCZ lowers the direct ecological risk but proximity in terms of shared ocean resources still matters.
“While pelagic species like tuna migrate across the Pacific, the overlap between their migratory routes and CCZ mining areas is limited and uncertain, meaning indirect impacts on Tonga’s fisheries are possible but not clearly demonstrated.”
The Metals Company is a Canadian organisation specialising in the extraction of polymetallic nodules which is abundant in the CCZ.
According to the United Nations Convention on the Law of the Sea (UNCLOS), no nation has authority over the CCZ; however, states like Tonga hold special exploration contracts for areas within the CCZ.
This is why TMC has fostered relationships with sponsor states such as Tonga and Nauru as they try to access the CCZ.
The revised agreement with Tonga has been scrutinized for its lack of public consideration and consultation as well as the vagueness of the agreement.
The agreement mentions Tonga’s roles as a sponsoring state for TMC and supervisor under UN Law; and updated agreements that ensures training, capacity building and potential future payments if mining begins.
Marc Ake is a final-year journalism student at USP.
