Convention for Co-operation in the Protection and Development of the Marine and Costal Environment of the West and Central African Region (1981)
Abidjan, 23 March 1981
The Contracting Parties,
Conscious of the economic, social and health value of the marine
environment and coastal areas of the West and Central African Region,
Fully aware of their responsibility to preserve their natural
heritage for the benefit and enjoyment of present and future
generations,
Recognizing the threat to the marine and coastal environment, its
ecological equilibrium, resources and legitimate uses posed by
pollution and by the absence of an integration of an environmental
dimension into the development process,
Realizing fully the need for co-operation among the Contracting Parties
in order to ensure sustainable, environmentally-sound development
through a co-ordinated and comprehensive approach,
Realizing also the need for a carefully planned research,
monitoring and assessment programme in view of the scarcity of
scientific information on marine pollution in the West and Central
African Region,
Noting that existing conventions concerning marine pollution do
not cover, in spite of the progress achieved, all aspects and sources
of marine pollution and do not entirely meet the special requirements
of the West and Central African Region,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
This Convention shall cover the marine environment, coastal zones
and related inland waters falling within the jurisdiction of the States
of the West and Central African Region, from Mauritania to Namibia
inclusive, which have become Contracting Parties to this Convention
under conditions set forth in article 27 and paragraph 1 of article 28
(hereinafter referred to as the Convention area).
Article 2
DEFINITIONS
For the purposes of this Convention:
1. "Pollution" means the introduction by man, directly or
indirectly, of substances or energy into the marine environment,
coastal zones, and related inland waters resulting in such deleterious
effects as harm to living resources, hazards to human health, hindrance
to marine activities, including fishing, impairment of quality for use
of sea-water and reduction of amenities.
2. "Organization" means the body designated as the secretariat of
the Convention and its related protocols according to article 16 of the
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine and coastal environment of the West and
Central African Region, provided that such agreements are consistent
with this Convention and conform to international law. Copies of such
agreements shall be deposited with the Organization and, through the
Organization, communicated to all Contracting Parties.
2. Nothing in this Convention or related protocols shall be deemed
to affect obligations assumed by a Contracting Party under agreements
previously concluded.
3. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on
the Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future
claims and legal views of any Contracting Party concerning the nature
and extent of its maritime jurisdiction.
Article 4
GENERAL OBLIGATIONS
1. The Contracting Parties shall, individually or jointly as the
case may be, take all appropriate measures in accordance with the
provisions of this Convention and its protocols in force to which they
are parties to prevent, reduce, combat and control pollution of the
Convention area and to ensure sound environmental management of natural
resources using for this purpose the best practicable means at their
disposal, and in accordance with their capabilities.
2. In addition to the Protocol concerning co-operation in combating
pollution in cases of emergency opened for signature on the same date
as this Convention, the Contracting Parties shall co-operate in the
formulation and adoption of other protocols prescribing agreed
measures, procedures, and standards to prevent, reduce, combat and
control pollution from all sources or promoting environmental
management in conformity with the objectives of this Convention.
3. The Contracting Parties shall establish national laws and
regulations for the effective discharge of the obligations prescribed
in this Convention, and shall endeavour to harmonize their national
policies in this regard.
4. The Contracting Parties shall co-operate with the competent
international, regional and sub-regional organizations to establish and
adopt recommended practices, procedures and measures to prevent,
reduce, combat and control pollution from all sources in conformity
with the objectives of this Convention and its related protocols, and
to assist each other in fulfilling their obligations under this
Convention and its related protocols.
5. In taking measures to prevent, reduce, combat and control
pollution of the Convention area or to promote environmental
management, the Contracting Parties shall act so as not to transfer
directly or indirectly, damage or hazards from one Area to another or
transform one type of pollution into another.
Article 5
POLLUTION FROM SHIPS
The Contracting Parties shall take all appropriate measures in
conformity with international law to prevent, reduce, combat and
control pollution in the Convention area caused by normal or accidental
discharges from ships, and shall ensure the effective application in
the Convention area of the internationally recognized rules and
standards relating to the control of this type of pollution.
Article 6
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to
prevent, reduce, combat and control pollution in the Convention area
caused by dumping from ships and aircraft, and shall ensure the
effective application in the Convention area of the internationally
recognized rules and standards relating to the control of this type of
pollution.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to
prevent, reduce, combat and control pollution of the Convention area
caused by discharges from rivers, estuaries, coastal establishments and
outfalls, coastal dumping or emanating from any other sources on their
territories.
Article 8
POLLUTION FROM ACTIVITIES RELATING TO EXPLORATION AND EXPLOITATION OF
THE SEA-BED
The Contracting Parties shall take all appropriate measures to
prevent, reduce, combat and control pollution resulting from or in
connection with activities relating to the exploration and exploitation
of the sea-bed and its subsoil subject to their jurisdiction and from
artificial islands, installations and structures under their
jurisdiction.
Article 9
POLLUTION FROM OR THROUGH THE ATMOSPHERE
The Contracting Parties shall take all appropriate measures to
prevent, reduce, combat and control pollution in the Convention area
resulting from or transported through the atmosphere.
Article 10
COASTAL EROSION
The Contracting Parties shall take all appropriate measures to
prevent, reduce, combat and control coastal erosion in the Convention
area resulting from man's activities, such as land reclamation and
coastal engineering.
Article 11
SPECIALLY PROTECTED AREAS
The Contracting Parties shall, individually or jointly as the
case may be, take all appropriate measures to protect and preserve rare
or fragile ecosystems as well as the habitat of depleted, threatened
or endangered species and other marine life. To this end, the
Contracting Parties shall endeavour to establish protected areas, such
as parks and reserves, and to prohibit or control any activity likely
to have adverse effects on the species, ecosystems or biological
processes in such areas.
Article 12
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Contracting Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the Convention area,
whatever the cause of such emergencies, and to reduce or eliminate
damage resulting therefrom.
2. Any Contracting Party which becomes aware of a pollution
emergency in the Convention area should, without delay, notify the
Organization and, either through this Organization or directly, any
other Contracting Party likely to be affected by such emergency.
Article 13
ENVIRONMENTAL IMPACT ASSESSMENT
1. As part of their environmental management policies, the
Contracting Parties shall develop technical and other guidelines to
assist the planning of their development projects in such a way as to
minimize their harmful impact on the Convention area.
2. Each Contracting Party shall endeavour to include an assessment
of the potential environmental effects in any planning activity
entailing projects within its territory, particularly in the coastal
areas that may cause substantial pollution of, or significant and
harmful changes to, the Convention area.
3. The Contracting Parties shall, in consultation with the
Organization, develop procedures for the dissemination of information
concerning the assessment of the activities referred to in paragraph
2 of this article.
Article 14
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties shall co-operate, with the assistance of
competent international and regional organizations, in the field of
scientific research, monitoring and assessment of pollution in the
Convention area, and shall exchange data and other scientific
information for the purpose of this Convention and its related
protocols.
2. In addition, the Contracting Parties shall develop and co-
ordinate national research and monitoring programmes concerning all
types of pollution in the Convention area and shall establish
in co-operation with competent international and regional
organizations, a regional network of national research centres and
institutions to ensure compatible results. The Contracting Parties
shall endeavour to participate in international arrangements for
pollution research and monitoring in areas beyond their national
jurisdiction.
3. The Contracting Parties shall co-operate, directly or through
competent international or regional organizations, in the development
of programmes for technical and other assistance in fields related to
marine pollution and sound environmental management of the Convention
area.
Article 15
LIABILITY AND COMPENSATION
The Contracting Parties shall co-operate in the formulation and
adoption of appropriate rules and procedures for the determination of
liability and the payment of adequate and prompt compensation for
damage resulting from pollution of the Convention area.
Article 16
INSTITUTIONAL ARRANGEMENTS
1. The Contracting Parties designate the United Nations
Environment Programme as the secretariat of the Convention to carry out
the following functions:
(i) To prepare and convene the meetings of Contracting Parties
and conferences provided for in articles 17 and 18;
(ii) To transmit to the Contracting Parties notifications,
reports and other information received in accordance with
articles 3, 12, and 22;
(iii) To perform the functions assigned to it by the protocols
to this Convention;
(iv) To consider enquiries by, and information from, the
Contracting Parties and to consult with them on questions
relating to this Convention and its related protocols and
annexes thereto;
(v) To co-ordinate the implementation of co-operative
activities agreed upon by the meetings of Contracting
Parties and conferences provided for in article 17;
(vi) To enter into such administrative arrangements as may be
required for the effective discharge of the secretariat
functions.
2. Each Contracting Party shall designate an appropriate national
authority as responsible for the co-ordination of national efforts for
implementing this Convention and its related protocols. The appropriate
national authority shall serve as the channel of communication between
the Contracting Party and the Organization.
Article 17
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every
two years and extraordinary meetings at any other time deemed
necessary, upon the request of the Organization or at the request of
any Contracting Party, supported by at least three other Contracting
Parties.
2. It shall be the function of the meetings of the Contracting
Parties to keep under review the implementation of this Convention and
its related protocols and, in particular:
(i) To consider reports submitted by the Contracting Parties
under article 22;
(ii) To adopt, review and amend as required annexes to this
Convention and to its related protocols, in accordance with
the provisions of article 20;
(iii) To make recommendations regarding the adoption of any
additional protocols or amendments to this Convention or
its related protocols in accordance with the provisions of
articles 18 and 19;
(iv) To establish working groups as required to consider any
matters concerning this Convention and its related
protocols and annexes;
(v) To review the state of pollution in the Convention area;
(vi) To consider and to adopt decisions concerning co-operative
activities to be undertaken within the framework of this
Convention and its related protocols, including their
financial and institutional implications;
(vii) To consider and undertake any additional action that may
be required for the achievement of the purposes of this
Convention and its related protocols.
Article 18
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a conference of plenipotentiaries,
may adopt additional protocols to this Convention pursuant to paragraph
2 of article 4.
2. A conference of plenipotentiaries shall be convened for the
purpose of adopting additional protocols by the Organization at the
request of not less than two-thirds of the Contracting Parties.
3. Pending the entry into force of this Convention, the Organization
may, after consulting with the signatories to this Convention, convene
a conference of plenipotentiaries for the purpose of adopting
additional protocols.
Article 19
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments
to the Convention or to any of the protocols. The texts of any such
draft amendments shall be communicated to the Contracting Parties by
the Organization six months before their submission to an ordinary
meeting of the Contracting Parties for examination.
2. Any amendment shall be adopted by a two-thirds majority of the
Contracting Parties and shall enter into force twelve months after its
approval.
Article 20
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any of its protocols shall form
an integral part of the Convention or such protocol.
2. Except as may be otherwise provided in any protocol, the
procedure foreseen in article 19 shall apply to the adoption and entry
into force of any amendments to annexes to this Convention or to any
protocol.
3. The adoption and entry into force of a new annex to this
Convention or to any protocol shall be subject to the same procedure
as the adoption and entry into force of an amendment to an annex in
accordance with the provisions of paragraph 2 of this article, provided
that, if any amendment to the Convention or the protocol concerned is
involved, the new annex shall not enter into force until such time as
the amendment to the Convention or the protocol concerned enters into
force.
Article 21
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in articles 17 and 18 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 22
REPORTS
The Contracting Parties shall transmit to the Organization
reports on the measures adopted in the implementation of this
Convention and of protocols to which they are Parties, in such form and
at such intervals as the meetings of Contracting Parties may determine.
Article 23
COMPLIANCE CONTROL
The Contracting Parties undertake to co-operate in the
development of procedures enabling them to control the application of
this Convention and its related protocols.
Article 24
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or its related
protocols, they shall seek a settlement of the dispute through
negotiation or any other peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the
means mentioned in the preceding paragraph, the dispute shall be
submitted to arbitration under conditions to be adopted by the
Contracting Parties in an annex to this Convention.
Article 25
RELATIONSHIP BETWEEN THE CONVENTION AND ITS RELATED PROTOCOLS
1. No State may become a Contracting Party to this Convention unless
it becomes at the same time a Contracting Party to at least one
protocol. No State may become a Contracting Party to a protocol unless
it is, or becomes at the same time, a Contracting Party to this
Convention.
2. Any protocol to this Convention shall be binding only on the
Contracting Parties to the protocol in question.
3. Decisions concerning any protocol pursuant to articles 17, 19 and
20 of this Convention shall be taken only by the Parties to the
protocol concerned.
Article 26
SIGNATURE
This Convention and the Protocol on Co-operation in Combating
Pollution in Cases of Emergency shall be in Abidjan from 23 March to
22 June 1981 for signature by any coastal or island State, from
Mauritania to Namibia inclusive.
Article 27
RATIFICATION, ACCEPTANCE AND APPROVAL
This Convention and any protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of the
Ivory Coast, which will assume the functions of Depositary.
Article 28
ACCESSION
1. As from 23 June 1981, the present Convention and the Protocol
concerning Co-operation in Combating Pollution in Cases of Emergency
shall be open for accession by the States referred to in article 26.
2. After the entry into force of this Convention and any protocol
thereto, any African State not referred to in article 26 may accede to
them.
3. This Convention and any protocol thereto shall also remain open
after the entry into force for accession by any other State, subject
to the prior approval of three quarters of the States referred to in
article 26 which have become Contracting Parties.
4. Instruments of accession shall be deposited with the Depositary.
Article 29
ENTRY INTO FORCE
1. This Convention and the first of its protocols shall enter into
force on the same date, in accordance with the following paragraph 2.
2. The Convention and any of its protocols shall enter into force
on the sixtieth day following the date of deposit of at least six
instruments of ratification, acceptance or approval of, or accession
to, such Convention and protocol by the Parties referred to in article
26.
3. Thereafter, this Convention and any protocol thereto shall enter
into force with respect to any State referred to in article 26 on the
sixtieth day following the date of deposit of the instruments of
ratification, acceptance, approval or accession.
Article 30
WITHDRAWAL
1. At any time after five years from the date of entry into force
of this Convention, any Contracting Party may withdraw from this
Convention by giving written notification of withdrawal.
2. Except as may be otherwise provided in any protocol to this
Convention, any Contracting Party may, at any time after five years
from the date of entry into force of such protocol, withdraw from such
protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect ninety days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall
be considered as also having withdrawn from any protocol to which it
was a Party.
5. Any Contracting Party which, upon its withdrawal from a protocol,
is no longer a Party to any protocol to this Convention, shall be
considered as also having withdrawn from this Convention.
Article 31
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other
Party referred to in article 26, and the Organization:
(i) Of the signature of this Convention and any protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with
articles 26, 27 and 28;
(ii) Of the date on which the Convention and any protocol will
come into force in accordance with the provisions of
article 29;
(iii) Of notifications of withdrawal made in accordance with
article 30;
(iv) Of the amendments adopted with respect to the Convention
and to any protocol, their acceptance by the Contracting
Parties and the date of entry into force of these
amendments in accordance with the provisions of article 19;
(v) Of the adoption of new annexes and of the amendment of any
annex in accordance with article 20.
2. The original of this Convention and of any protocol thereto shall
be deposited with the Depositary, the Government of the Ivory Coast,
which shall send certified copies thereof to the Contracting Parties,
to the Organization of African Unity, to the Organization, and to the
Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations
Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Abidjan on this twenty-third day of March one thousand nine
hundred and eighty-one in a single copy in the English, French and
Spanish languages, the three texts being equally authentic.