The Kingdom of Tonga is once again at a crossroads as it considers a new deep-sea mining agreement with Canadian firm The Metals Company (TMC), potentially opening the door to commercial extraction activities in the resource-rich Clarion Clipperton Zone (CCZ) of the Pacific Ocean.
This move comes amid growing scrutiny from environmental groups and legal experts concerned about the risks such an agreement could pose to Tonga’s sovereignty, marine ecosystems, and compliance with international law.
Tonga in Talks Amid Rising Global Pressure
The current discussions stem from a 2021 contract that Tonga signed with TMC under the framework of the International Seabed Authority (ISA), the United Nations body regulating seabed mining beyond national jurisdiction. However, with the US now promoting an alternative legal pathway for deep-sea mining, TMC is seeking to diversify its regulatory bases—potentially using both ISA and US mechanisms to fast-track extraction.
Tonga, which has jurisdictional claims in the CCZ, is now being asked to endorse a fresh agreement that could involve commercial mining through the US framework—an action that legal scholars argue may breach the UN Convention on the Law of the Sea (UNCLOS).
Civil Society Sounds the Alarm
Leading voices from Tonga’s civil society, particularly the Civil Society Forum of Tonga, have voiced serious objections to the proposed contract. Drew Havea, the organization’s chair, highlighted that TMC’s US-aligned operations may exclude ISA oversight, which Tonga’s original contract was based on. He warned that this shift could make Tonga solely liable for any environmental damage caused by TMC’s mining efforts.
“We are the sponsor country, and sponsor country will be responsible for any damages to the ocean,” Havea explained, emphasizing the legal and environmental risks involved. “It’s not the company that will be responsible. We are quite concerned that we will be liable.”
Legal Experts Highlight Risks for Tonga
International environmental lawyer Lori Osmundsen, who conducted a 2023 legislative review of Tonga’s ocean management frameworks, stressed the high legal stakes. According to Osmundsen, the initial 2021 contract lacked clarity on whether it received Cabinet approval, a requirement under Tongan law. She noted that a similar agreement recently signed between TMC and Nauru set a dangerous precedent, potentially drawing Tonga into legally and environmentally hazardous territory.
“If Tonga follows the Nauru model, it would face an entirely new set of legal complications while amplifying the existing ones,” Osmundsen stated. She added that the new contract’s alignment with US law could bypass global accountability mechanisms and undermine Tonga’s obligations under UNCLOS.
The Deep-Sea Dilemma
Tonga’s interest in deep-sea mining is rooted in the economic potential of extracting rare earth minerals such as cobalt, nickel, and manganese from polymetallic nodules. These resources are crucial for green technologies like electric vehicle batteries and solar panels. However, the environmental cost remains uncertain, with scientists warning of irreversible damage to fragile seabed ecosystems.
As Tonga weighs this decision, the world is watching closely. The ISA itself is now investigating whether companies like TMC are violating exploration contracts by initiating mining operations prematurely.
What’s Next for Tonga?
With no commercial deep-sea mining operations underway yet and the ISA still finalizing its mining code, Tonga still has time to reconsider its position. Civil society is urging the government to use this pause as a chance to pull back entirely from the controversial industry.
“The contract that resulted in 2021 is quite disadvantageous for Tonga,” said Osmundsen. “We don’t need to repeat that.”
As the Pacific nation deliberates its next move, the world awaits to see whether Tonga will stand firm for environmental justice—or become another frontier in the global race for undersea resources.
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