REPORT OF THE SECOND AFRICAN UNION CONFERENCE OF MINISTERS RESPONSIBLE … · 2010-01-18 ·...

EXECUTIVE COUNCIL Sixteenth Ordinary Session 25 – 29 January 2010 Addis Ababa, Ethiopia

EX.CL/556 (XVI)

REPORT OF THE SECOND AFRICAN UNION CONFERENCE OF MINISTERS RESPONSIBLE FOR MARITIME

TRANSPORT

12 – 16 October 2009 Durban, South Africa

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www. Africa-union.org

EX.CL/556 (XV) Page 1

REPORT OF THE SECOND AFRICAN UNION CONFERENCE OF

MINISTERS RESPONSIBLE FOR MARITIME TRANSPORT INTRODUCTION 1. The Second African Union Conference of Ministers responsible for Maritime

Transport was held in Durban, South Africa from 15 to 16 October 2009 at the Dr. Albert Luthuli International Conference Centre (ICC) under the theme of: Creating a safe, secure and clean maritime transport industry in Africa. The conference was preceded by a preparatory meeting of experts which took place from 12 to 14 October 2009 at the same venue.

ATTENDANCE 2. In attendance were Ministers responsible for Maritime Transport and Experts from

thirty five (35) African Union Member States as well as representatives of Regional Economic Communities, Specialised Agencies and partner organisations.

3. The conference was presided by the standing Bureau of the Conference of African

Ministers of Transport elected in Algiers, Algeria in April 2008 for a two (2) year period. Its composition is as follows:

� Chairman: Algeria (North Africa) � 1st Vice-Chairman: Zimbabwe (Southern Africa) � 2nd Vice-Chairman: Ethiopia (Eastern Africa) � 3rd Vice-Chairman: Mali (Western Africa) � Rapporteur: Gabon (Central Africa)

MAIN ISSUES DISCUSSED 4. The major item considered and adopted by the Ministers was the African Maritime

Transport Charter (AMTC). Also, the Ministers considered and made a number of recommendations on various key issues and challenges currently facing the maritime transport industry in Africa. The main items on their agenda included the following: 1. Consideration and adoption of the African Maritime Transport Charter 2. Review of the Maritime Transport Plan of Action 3. Port development and management 4. Capacity building 5. Development of multimodal transport in Africa 6. Maritime safety and security in Africa with focus on piracy and armed robbery

at sea


OUTCOME 5. At the end of their deliberations, the Ministers adopted the following documents:

1. African Maritime Transport Charter; 2. Durban Resolution on Maritime Safety, maritime Security and Protection of the Environment; and 3. Revised and updated Maritime Transport Plan of Action.

6. The Executive Council is invited to note the enclosed Report of the Second

African Union Conference of Ministers responsible for maritime Transport and endorse the attached documents as adopted by the Ministers at the Conference.


REPORT OF THE MINISTERS’ MEETING

INTRODUCTION 1. The Second African Union Conference of Ministers responsible for Maritime Transport was held in Durban, South Africa from 15 to 16 October 2009 at the Dr. Albert Luthuli International Conference Centre (ICC) under the theme of: Creating a safe, secure and clean maritime transport industry in Africa. The conference was preceded by a preparatory meeting of experts which took place from 12 to 14 October 2009 at the same venue. II. PARTICIPATION

2. The following Member States attended the conference: Algeria, Angola, Benin, Burkina Faso, Burundi, Cape Verde, Chad, Cameroon, Congo, Congo (RDC), Côte d’Ivoire, Djibouti, Djibouti, Egypt, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Kenya, Liberia, Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Senegal, South Africa, Sudan, Swaziland, Tanzania, Togo, Zambia and Zimbabwe. 3. Also, the following Regional Economic Communities (RECs) participated in the conference: Southern Africa Development Community (SADC) and the Intergovernmental Authority on Development (IGAD). 4. As well, the following regional, continental and international organisations were represented at the conference: NEPAD Secretariat, Maritime Organisation of West and Central Africa (MOWCA), Port Management Association of West and Central Africa (PMAWCA), Port Management Association of Eastern and Southern Africa (PMAESA) also representing the Pan-African Association for Port Cooperation (PAPC), Memorandum of Understanding of West and Central Africa (Abuja MOU), Union of Africa’s Shippers Councils (UASC), International Hydrographic Organisation (IHO), European Union (EU), International Maritime Organisation (IMO) and United Nations Commission on International Trade Law (UNCITRAL). 5. The list of participants is annexed to this report. III. OPENING CEREMONY 6. The opening ceremony was directed by Hon. Enoch Godongwane, Deputy Minister of Public Enterprises of the Republic of South Africa and was addressed by Hon. Logan NAIDOO, Deputy Mayor of Durban, Hon. Dr. Elham M.A. IBRAHIM, Commissioner for Infrastructure and Energy of the African Union, Hon. Amar TOU, Minister of Transport of the People’s Republic of Algeria and Hon. Sibusiso NDEBELE, Minister of Transport of the Republic of South Africa who made the opening address.


Welcome Address of Honourable Logan NAIDOO, Deputy Mayor of Durban 7. The Deputy Mayor of Durban, Honourable Logan NAIDOO, welcomed the Ministers and all delegates to Durban and thanked the African Union Commission and the Government of South Africa for bringing the prestigious weeklong Second AU Conference of Ministers responsible for Maritime Transport to Durban. He regarded that decision as a sign of endorsement of Durban’s status and credibility as a dynamic port and convention city. He also recalled that the African Union itself was launched in Durban in 2002. 8. Hon. NAIDOO informed the conference that the local economy of KwaZulu Natal Region is inextricably linked with the port of Durban and the shipping industry in a unique partnership of sustainable development, economic growth and job-creation. He, therefore, considered the choice of Durban for the finalisation and adoption of the African Maritime Transport Charter and review of the Abuja Plan of Action as clear recognition of the city as the right port of call for setting the maritime agenda of the continent.

9. He then briefly outlined the ongoing infrastructure development in the city in preparation for the 2010 FIFA World Cup to be hosted by South Africa and invited delegates to tour the port of Durban and the city in general to experience its multicultural hospitality. Address of Hon. Dr. Elham M.A. IBRAHIM, Commissioner for Infrastructure and Energy of the African Union

10. The Commissioner for Infrastructure of the African Union Commission expressed gratitude to the Ministers and all delegates for responding positively to the invitation of the African Union to attend the conference. She thanked the Government and people of South Africa for accepting to host the conference and for their warm hospitality extended to delegates. She particularly thanked Hon. Sibusiso NDEBELE, the Minister of Transport of South Africa and, through him, the President of the Republic of South Africa, H.E. Jacob ZUMA, for the great contribution of South Africa and support to the AU Commission in moving forward the continent’s transport agenda. 11. The African Union Commissioner drew the attention of the Ministers to the main agenda of their conference namely to consider and adopt the revised and updated African Maritime Transport Charter, the Abuja Plan of Action and the Resolution on Maritime Safety, Maritime Security and Protection of the Environment. She called upon the Ministers to ensure that their deliberations resulted into finalisation and adoption of those key documents recommended for their consideration by the experts.

12. In that connection, she also reminded the conference of the growing acts of piracy and armed robbery on ocean bound vessels taking place in African waters off the coast of Somalia, in the Gulf of Aden and the Gulf of Guinea. She underscored the need


to take concrete action to stem those scourges in order to ensure a prosperous future of the African maritime transport industry. Speech of Honourable Amar TOU, Minister of Transport of the People’s Republic of Algeria 13. The Algerian Minister who is also the Chairman of the Bureau of African Ministers of Transport thanked the Government of the Republic of South Africa for accepting to host the conference. He mentioned that the conference provides yet another opportunity for Africa to come up with strategies to counter the global financial crisis. The Minister recounted the maritime conference of 2007 in Abuja and transport (all modes) of 2008 in Algiers highlighting their role in giving impetus to the ongoing formulation of legal and institutional frameworks to guide the development of maritime transport industry in Africa. 14. The Honourable Minister of Algeria underscored the need to take stock of implementation of the Abuja Plan of Action and endeavour to strengthen cooperation in maritime transport. He then ran through a number of priority actions that Africa needs to accomplish in order to have a viable maritime transport sub-sector within an efficient integrated transport system. These include implementation of international conventions on maritime safety and security; port development; development of transport corridors; multimodal transport; transit transport facilitation in the context of the Almaty programme; and enhancement of shipbuilding and repair capacity. In that regard, he emphasised the need to develop partnerships in order to raise the necessary resources for the African maritime industry. Speech of Honourable Sibusiso NDEBELE (MP), Minister of Transport of the Republic of South Africa 15. The Honourable Minister of Transport of South Africa gave a very warm welcome to all the delegates and recalled his view on development stating that in order to go forward, it is necessary to have a clear vision supported by science and technology and backed by financial resources. In that regard, Hon NDEBELE mentioned that there were two major challenges to the transport sector in Africa which are safety and security, on one hand, and economic development on the other. 16. He went on to describe the specific elements of the challenges to each mode of transport outlining the actions being taken and urging the delegates to participate and provide the needed support. In maritime transport, he reminded participants that the IMO has declared year 2010 the Year of the Seafarer. In that regard, he particularly highlighted the global shortage of human resources in the maritime transport sub-sector and provided information on South Africa’s targets for training of seafarers. He mentioned that capacity building endeavours in maritime transport would have significant value additions including enhancing the involvement of women in maritime careers.


17. The honourable Minister also spoke of the need for Africa to participate effectively in global maritime forums in order to ensure that Africa speaks with a single strong voice in advocacy of its interests. In particular, he mentioned Africa’s weak participation in IMO Council meetings and urged the delegates to ensure their countries were well represented in the forthcoming IMO Council scheduled for November/December 2009. IV. ELECTION OF THE BUREAU 18. The conference was informed that the Bureau of the Conference of African Ministers of Transport elected in Algiers, Algeria in April 2008 would lead the proceedings of the meeting. Its composition is as follows:

� Chairman: Algeria (North Africa) � 1st Vice-Chairman: Zimbabwe (Southern Africa) � 2nd Vice-Chairman: Ethiopia (Eastern Africa) � 3rd Vice-Chairman: Mali (Western Africa) � Rapporteur: Gabon (Central Africa)

V. ADOPTION OF THE AGENDA AND WORK PROGRAMME 19. The meeting adopted the following agenda and work programme:

A) PROCEDURAL MATTERS

i. Election of the Bureau ii. Adoption of the Agenda and Work Programme

B) PROGRAMME OF WORK

Working Hours:

� Morning : 09:00 – 13:00 � Afternoon: 14:00 – 18:00

C) WORKING SESSIONS

1. Consideration of Report of the Meeting of Experts 2. Consideration and adoption of the African Maritime Transport Charter 3. Consideration and adoption of the Ministerial Resolution on Maritime

Safety, maritime Security and Protection of the Environment 4. Any other business 5. Consideration and adoption of the Report of the Meeting of Ministers 6. Final Communiqué 7. Vote of Thanks


CLOSING OF THE MEETING VI. PROCEEDINGS SESSION 1: CONSIDERATION OF THE REPORT OF THE MEETING OF EXPERTS 20. The Chairperson of the Experts’ briefed the Ministers on the conduct of the meeting of experts highlighting the agenda, bureau, outcome and other pertinent issues involved in the deliberations of the experts. He then invited the Rapporteur who gave a detailed and comprehensive presentation of the report. 21. Following the presentation, a number of Ministers took the floor to comment on the report with a view to making some improvements in its text. In the end, however, the Ministers agreed to take note of the report and proceed to consider other substantive items on their agenda. SESSION 2: CONSIDERATION OF THE FINAL DRAFT OF THE AFRICAN MARITIME TRANSPORT

CHARTER 22. The Ministers decided to consider the draft African Maritime Transport Charter as submitted by the experts by chapters. In that regard, they spent considerable amount of time deliberating extensively and making the necessary corrections and amendments on specific paragraphs of the draft Charter. In the end, they adopted the Charter with amendments. SESSION 3: CONSIDERATION AND ADOPTION OF THE DURBAN RESOLUTION ON MARITIME

SAFETY, MARITIME SECURITY AND PROTECTION OF THE ENVIRONMENT 23. The Ministers considered the draft Durban Resolution on Maritime Safety, maritime Security and Protection of the Environment submitted by the Experts and adopted it with amendments.

SESSION 4: CONSIDERATION AND ADOPTION OF THE REVISED PLAN OF ACTION 24. The Ministers considered and adopted, with amendments, the updated Abuja (Maritime) Plan of Action submitted by the Experts.

SESSION 4: ANY OTHER BUSINESS 25. No issue was raised under this item. SESSION 5: CONSIDERATION AND ADOPTION OF THE REPORT OF THE MINISTERIAL

MEETING 26. The Ministers considered and adopted the report of their meeting with amendments.


SESSION 6: FINAL COMMUNIQUÉ 27. The Ministers adopted a Final Communiqué summing up the main conclusions of their conference. SESSION 7: VOTE OF THANKS 28. The Ministers adopted a vote of thanks to the President of the Republic of South Africa, His Excellency, Mr. Jacob ZUMA, to the Government and people of South Africa, for the warm and fraternal welcome as well as for all the measures taken to enable all the Delegations taking part in Second Conference of Ministers responsible for Maritime Transport to have a pleasant and fruitful stay in Durban. VII. CLOSURE OF THE CONFERENCE 29. The closing ceremony of First Session of the Conference of African Ministers of Transport was presided over by Minister Amar TOU, Chairperson of the Conference of African Ministers of Transport for the period 2008-2010. 30. Minister TOU thanked the delegates for their effective contributions as well as sincere and frank discussions that resulted in successful proceedings and outcome. The Minister wished all delegations safe journey home and proceeded to declare the Conference officially closed.

EX.CL/556 (XVI)

Annex 1

AFRICAN MARITIME TRANSPORT CHARTER

SECOND AFRICAN UNION CONFERENCE OF MINISTERS RESPONSIBLE FOR MARITIME TRANSPORT 12 – 16 OCTOBER 2009 DURBAN, SOUTH AFRICA

AU/MT/MIN/1 (II)


AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

P. O. Box 3243, Addis Ababa, ETHIOPIA Tel.: (251-11) 5525849 Fax: (251-11) 5525855 Website: www.africa-union.org

AU/MT/MIN/1 (II) Page 1


PREAMBLE We, the Member States of the African Union (AU), Inspired by the objectives stated in the Constitutive Act of the African Union, particularly Article 3; Considering the treaty establishing the African Economic Community, particularly the relevant provisions dealing with maritime transport; Considering the relevant provisions of the Convention relating to Transit Trade of Land-locked States, signed on 8 July 1965 in New York; Recognizing the specific character of maritime transport as a regional, continental and international activity; Recognizing also the role of maritime transport in the facilitation and development of trade between Africa and other parts of the world and the need to implement an effective maritime transport policy with a view to promoting intra-African trade and trade between African States and other continents; Recognizing further the essential obligations of coastal States in maritime governance and port state control; Considering the importance of cooperation in the implementation of maritime conventions and regulations, particularly in the areas of safety, security, protection of the marine environment and maritime labour; Conscious of the interdependence between economic development and a sustainable policy for the protection and preservation of the marine environment; Recognizing the importance and the role of efficient transport infrastructure and services in the political, economic and social integration of Africa; Considering further the roles of United Nations agencies and other international and regional organizations in maritime transport; Bearing in mind further the need for Africa to fully and effectively implement the 2003 Almaty declaration and Programme of Action on addressing the Special Needs of Landlocked Developing Countries; Conscious of the need to establish and strengthen cooperation in order to coordinate and harmonize maritime, port and inland waterways policies, regulations and procedures both in our mutual relations and in our relations with third States;


Considering that the implementation of maritime policies requires heavy investments especially in terms of infrastructure and equipment and that these investments should in the first place be provided by the Member States of the Union, including the Maritime industry itself; Concerned by the diversity and disparity of maritime and inland waterways policies, regulations and procedures between and within Member States; Conscious of the importance of the role of maritime transport in the promotion of economic development and the achievement of the Millennium Development Goals; Conscious of the need to develop African merchant fleets, to ensure development of maritime transport in Africa; Preoccupied by the special difficulties of island countries to fit themselves into the process of integration and development of African nations; Resolved to implement Decision N° EX.CL/Dec.358 (XI) of the Assembly of Heads of State and Government of the African Union which endorses the Abuja Declaration and Plan of Action on Maritime Transports in Africa, particularly point 1 relating to the updating of the African Maritime Transport Charter adopted in 1994. HAVE AGREED AS FOLLOWS:

CHAPTER I Definitions and Scope of Application

Article 1

Definitions For the purpose of the Charter: “Chairperson’’ means the Chairperson of the African Union Commission; “Charter” means African Maritime Transport Charter; “Committee on port issues” means a committee established at port level by a Member State, which comprises, inter alia, representatives of shippers, ship owners, maritime, customs and port administration and which is charged with the promotion of safe and efficient port operations; “Commission’’ means the African Union Commission; “Executive Council” means the Executive Council of Ministers of the Union; “Freight exchange” means the place where supply and demand for goods transport meets. It is also the place where information on trade flows, regulations, tariff and other elements relating to international transport can be obtained;


“IMO” means the International Maritime Organization, a specialized agency of the United Nations with a purpose of providing mechanism and framework for cooperation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; “Inland waterways” means any navigable rivers, creeks, lakes, tidelands, lagoons, below water baseline, or channel leading into such place having facilities for ships to moor and load or discharge including offshore cargo handling facilities, harbour, berths, jetties, pontoons or bouys and wharves within the limits of the inland waterways in any place in a country and includes any place declared to be an inland waterways under relevant national legislation;

“International Multimodal Transport”, means the carriage of goods by at least two different modes of transport, one of which is a sea mode on the basis of a unique transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery in a different country; “Landlocked Member State”, means a Member State without a seacoast; “Maritime Transport” means all types of carriage of goods and passengers by sea; “Maritime transport auxiliaries”, means any business entity, which contributes to implementation of operations linked or related to maritime transport; “Member States”, means Member States of the African Union; “Region”, means the regions of the African Union as provided for by Resolution CM/Res.464 (XXVI) of the Council of Ministers of the Organization of African Unity on the division of Africa into five (5) regions, namely: Northern, Western, Central, Eastern and Southern Africa; “Ship” means a vessel or mobile facility of any type whatsoever operating in the marine and or in-land waterways environments and includes hydrofoil boat, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms operated for the purpose of providing movement of goods and passengers and the provision of marine services; “Shipper” means a person or entity who exports or imports goods wholly or partly by sea, or any person or entity through whom or for whom a contract of carriage is concluded with a carrier and shall also be interpreted as the person or entity through whom or on behalf of whom the goods are handed to the carrier in relation to the contract of carriage; “Shippers’ Council” means a statutory council, or equivalent body, which assists, promotes, represents and protects the interests of shippers;


“State Parties’’ means Member States, which have ratified or acceded to the present Charter; “Sub–region” means at least three (3) States of one (or several) region (s); “Third State” means a State other than a Member State; “Trans-African Cabotage” means the exercise of maritime transport and related activities between ports of Member States; “Transit Member State” means a Member State with or without seacoast whose territory is used in carrying import and export commodities for one or several Member States; “Union’’ means the African Union.

Article 2 Scope of Application

The Charter falls within the scope of international law encompassing maritime transport and related activities in the coastal, inland waterways, territorial seas including the Exclusive Economic Zones of Member States and shall by further extension, to related activities in landlocked Member States.

CHAPTER II Objectives and Principles of Cooperation

Article 3

Objectives The objectives of the African Maritime Charter are as follows to: 1. Declare, articulate and implement harmonized maritime transport policies capable

of promoting sustained growth and development of African merchant fleets and to foster closer cooperation among the Member States of the same region and between the regions.

2. Facilitate and encourage regular consultations for determining African common

positions on issues of international maritime policy and to define, for each given problem, concerted solutions.

3. Promote effective implementation of international maritime instruments to which

Member States are parties.


4. Promote bilateral and multilateral cooperation among the maritime administrations

of Member States, and their respective operational organizations in the field of maritime and inland waterways transport and port activities.

5. Promote the funding, undertaking of research studies by national institutions that

encourage the promotion and development of cooperation in maritime and inland waterways transport and port operations among States and regions.

6. Encourage the establishment and support of maritime and ports administrations. 7. Encourage the establishment of shippers’ councils and support them in the

performance of their functions;. 8. Promote the establishment of national and regional shipping lines and provide

them the assistance necessary for their success. 9. Develop and promote mutual assistance and cooperation between Member States

in the area of maritime safety, security and protection of the marine environment. 10. Promote the sharing of best practices among Member States in the overall

management and operation of Maritime Administrations and other maritime entities established in terms of this Charter.

11. Promote the provision of maritime education and training at all levels including

secondary schools. 12. Promote the employment of seafarers, decent working conditions and training of

seafarers.

13. Promote development of multimodal transport and integration of all modes of transport.

Article 4

Principles 1. This Charter is aimed at strengthening cooperation among Member States of the

African Union in maritime transport, inland waterways navigation, ports and related activities.

2. The Charter further seeks to promote cooperation between Member States,

regional and international organizations. 3. Member States hereby adopt the following fundamental principles:

a) Sovereignty, solidarity, cooperation, and interdependence of States;


b) Harmonization and coordination of Member States’ policies and procedures

where practicable in all relevant areas connected with international maritime transport inland waterways and ports;

c) Efficiency, safety, security and global competitiveness of maritime, port

infrastructure and operations in order to promote economic and social development;

d) Safe, secure and efficient shipping on clean oceans and sustainable

maritime, port policies and implementation strategies;

e) Rights of access to and from the sea and freedom of transit for every landlocked Member State within the framework of international law;

f) Transparency and accountability in maritime and port operations.

CHAPTER III

Institutional Framework for Coordination of Activities Relating to Cooperation in Maritime Administration and

Port Operations

Article 5 Continental Organizations

1. In order to ensure the effective coordination of maritime transport policies and

programmes, the African Union shall establish a Continental Unit for the coordination of activities of regional cooperation in shipping marine pollution and ports operations.

2. Member States further undertake to establish at continental level and coordinated

by the Commission, an Association of African Maritime Administrations (AAMA).

Article 6 Regional and Sub-Regional Organizations

1. Member States shall strive to establish, wherever they do not exist, regional and

sub-regional cooperation organizations in maritime transport, inland waterways and port operations, and to make them operational as early as possible.

2. Member States also agree to promote the strengthening of specialised sub-regional

maritime organisations. 3. Member States agree to further encourage interaction among Regional Economic

Communities and specialized organizations.


Article 7

Maritime Administrations

1. Member States shall promote the establishment wherever they do not exist, Maritime Administration and National Ports Authorities and to make them functional and sustainable.

2. Member States shall enhance the capacity and performance of maritime Administrations in charge of the implementation of laws and regulations applicable in the areas of maritime navigation, safety, security and marine environment.

3. Member States shall further endeavour to utilize IMO’s mechanisms and

procedures to assess the level of performance of Maritime Administrations. 4. Member States shall individually ensure the provision of an appropriate and

dedicated budget for the proper management, functioning and operation of their Maritime Administration.

Article 8

Maritime Training Institutions 1. Member States shall endeavour to establish or strengthen national, regional

maritime training, education and research institutions. 2. Member States shall strive to encourage collaboration among different training,

education and research institutions for the purposes of cooperation in research, innovation, education and training on matters of policy, strategy and regulation of shipping and ports.

3. Member States shall support allocation or sourcing of funding, for national and

regional maritime training, research and education institutions as well as granting of training scholarships.

4. Member States agree to strengthen existing regional specialized institutions in

maritime, inland waterways transport and port operations. 5. Member States shall encourage cooperation in seafarer education, training and

employment exchanges. 6. Member States shall comply with international maritime standards of seafarer

training, certification and watch keeping. 7. Member States shall promote the securing of training berths and opportunities for

African seafarers on African owned vessels and on foreign owned vessels. 8. Member States agree to introduce and adopt a common system and standard for

the mutual recognition of diplomas and certificates awarded by national and regional institutions in order to foster the employment of seafarers in the continent.


9. In order to enhance maritime human safety, Member States shall endeavour to

improve regulation and monitoring connected with the identification of seafarers, facilities for their professional activities and the exercise of the right to maritime employment, in conformity with the relevant international conventions in the area.

10. Promote the sharing of best practices among Member States in the overall

management and operation of Maritime Administrations and other maritime entities established on the basis of this Charter.

11. Promote the provision of maritime education and training at all levels.

CHAPTER IV Cooperation among of Shippers’ Council

Article 9

Shippers’ Councils

1. Member States agree to promote the establishment of shippers’ councils wherever they do not exist, to create an enabling legal framework for their operation and to support them in the performance of their duties.

2. Shippers’ Councils are responsible for protecting and defending the interest of

shippers by focusing on the simplification of transport and trade procedures, as well as the negotiation of transport costs and conditions. They are also responsible for assisting shippers in their activities specially in training in the area of international transport and trade.

3. Shippers’ Councils shall establish appropriate and integrated database for the

benefit of shippers and operators in the transport chain.

Article 10 Transport Observatories

Member States agree to establish at national, sub-regional and regional levels, transport observatories, an essential information tool to facilitate the provision to economic operators, transporters, shippers and public authorities of reliable information in real time.

Article 11 Establishment of freight exchanges

Member States undertake to establish freight exchanges at national and regional level with a view to:

1. Promoting and developing trade; 2. Mastering the management and grouping of freight; 3. Fostering a common forum for the supply and demand for goods and transport.


CHAPTER V

Cooperation in Maritime and Inland Waterways Transport

Article 12 General Cooperation

1. In order to facilitate effective cooperation, Member States shall endeavour to

engage in consultations at regional, continental and international levels and harmonize their policies in the area of maritime, multimodal transport and inland waterways.

2. Member States agree to cooperate at bilateral, sub regional and regional levels on

all matters contained in this Charter to promote safe, secure, clean waters and environmentally sustainable maritime inland waterways transport practices.

3. Member States agree to cooperate in the field of shipping and ports operations and

Search and Rescue on the basis of the principles embodied in this Charter. 4. Member States agree to cooperate at regional, continental and international levels

to prevent and control maritime pollution in order to protect and conserve the marine environment and to suppress all unlawful acts, piracy, terrorism, etc.

5. Member States commit themselves to cooperate to promote integration conditions

and the sectoral development of landlocked and island States

Article 13 Cooperation among African shipping companies

In promoting cooperation among African shipping lines, Member States agree to:

1. Encourage, the establishment and development of African shipping lines by adopting, as a top priority national policies, regulations and programs that attract public and private investment in ships and shipping in general;

2. Promote the establishment at all levels of common and/or joint maritime agencies within and outside Africa in order to enable African shipping lines to improve on the co-ordination of their schedule and cargo handling operations;

3. Promote the creation of dedicated fund for the development of the African shipping lines.


Article 14 Cooperation in Transport Auxiliaries

1. Member States agree to structure and organise maritime transport auxiliary

services in order to enhance competitiveness and better quality services delivery for the benefit of their economies.

2. In this regard Member States shall endeavour to:

a) Promote access of African operators to maritime transport auxiliary services or professions;

b) Create an enabling environment to foster equity investment by African

operators in foreign companies operating in Africa in maritime professions and transport auxiliary;

c) Encourage African operators to pool resources including expertise in order

to foster the emergence of African maritime transport auxiliary groupings capable of competing effectively in the global industry

Article 15

Trans-African Cabotage

1. Member States shall promote Cabotage and effective participation of private sector operators at national, regional and continental levels.

2. To this end, the establishment of national and regional maritime Cabotage shipping

lines should be encouraged in order to promote intra-African trade and facilitate the economic and socio-economic integration of the continent.

Article 16

Cooperation in the area of Inland Waterways Member States shall endeavour to intensify their cooperation in the management of efficient, safe, secure and environmentally friendly inland waterways in full respect of the environment and infrastructure linking the different centres of economic activity at national and regional levels.

CHAPTER VI Cooperation between Landlocked States and Transit States

Article 17

Transit Trade of Landlocked States Transit Member States commit themselves to grant facilities and benefits to Landlocked Member States using their port infrastructure and equipment including inland container depots and to apply to transit goods, favourable administrative, fiscal and customs


measures in accordance with the principles of this Charter and the rights and obligations resulting from relevant and applicable national law and international conventions.

Article 18 Coordination of Policies and Actions

Transit Member States and landlocked Member States agree to coordinate their policies on the acquisition and putting into service of land (rail and road), river, air, maritime and port transport facilities. They agree to coordinate actions and instruments relating to the implementation of their national maritime policies, particularly the grouping and operation of shipping services as well as consignment, handling and transit.

Article 19 International Transit Agreements and Conventions

Member States are encouraged to enter into bilateral and multilateral transit agreements and apply in a concerted manner, the relevant regional and international conventions in force, particularly those relating to transit.

Article 20

Cooperation in the Field of Maritime Transport Infrastructure and Inland Waterways, Shipbuilding and Repair

In order to obtain essential support for the sustainable development of maritime transport and inland waterways in Africa, Member States undertake notably to foster cooperation in the area of maritime transport infrastructure and auxiliary services by:

1. Coordinating their needs in respect of ship building and repair;

2. Establishing at continental level shipyards that are able to provide quality, durable and efficient service to the maritime industry inland waterways ;

3. Adopting national policies and international conventions to foster the use of

shipyards of Member States where possible, and to enhance their negotiating power vis-à-vis shipyards of Third States with the aim of realizing substantial economies of scale;

4. Establishing regional and sub-regional facilities for the manufacture and

repair of containers;

5. Encouraging port authorities of Member States to conclude partnership agreements on dredging aimed at rationalizing the use of available resources at sub-regional, regional and continental level.


CHAPTER VII Development of Multimodal Transport and

Port Management

Article 21 Promotion of Multimodal Transport

1. Member States shall promote multimodal transport at national and regional levels

through the:

a) Development of an appropriate regulatory framework;

b) Improvement of existing facilitation and transit policies;

c) Promotion of the development of integrated transport master plan for all modes of transport at national, sub-regional, regional and continental levels;

d) Construction, rehabilitation and modernization of infrastructure, equipment

and transport services;

e) Training of transport services professionals;

f) Establishment of economic community and logistics platforms. 2. Member States shall work towards the establishment of a harmonized legislative

and regulatory framework capable of ensuring the promotion and the guaranteeing of stability of multimodal joint ventures.

3. Member States shall endeavour to participate in the negotiation, adoption and

implementation of regional and international conventions on multimodal transport.

Article 22 Reform of Ports Services

1. Member States undertake to cooperate towards the reform and efficiency of port

services and promotion of competitiveness of African ports. 2. In this connection, Member States shall strive to encourage the:

a) Promotion of private sector participation in port operations;

b) Promotion of capacity building for port operators;

c) Adoption of a system of harmonized framework of port statistics and performance indicators;


d) Strengthening of the existing Regional organizations and associations of

ports for the benefit of port development;

e) Promotion of the linkage of ports with development corridors;

f) Facilitation of development and acquisition of modern port facilities and equipment;

g) Promotion of efficient and effective channel management and port

approaches; h) Promotion of safe, secure and efficient port operations;

i) Application of internationally acceptable quality standards in port services;

j) Encouragement of consultation among the various port stakeholders through

the establishment of port committees.

CHAPTER VIII Enhancing Maritime Safety and Security

Article 23

Cooperation in the Field of Maritime Legislation Member States shall endeavour to ensure cooperation in the implementation of relevant legislation in the field of maritime transport, inland waterways and port operations and in this regard agree to: 1. Adapt, and where necessary, update their existing maritime legislations in order to

make them compatible with the promotion of safe, secure and environmentally friendly shipping, inland waterways and port activities.

2. Examine with a view to revising and harmonizing, if necessary, their maritime, port

and inland waterways legislations in order to make them compatible with international instruments.

3. Consult with each other in international bodies with a view to harmonizing their

positions in the area of negotiation in maritime transport and multimodal transport.

Article 24 Sharing of information and Mutual Assistance

1. Member States undertake to put in place an efficient maritime communication

network in order to make optimum use of mechanisms for control, follow-up and intervention at sea and ensure better organization of maritime traffic.

2. Member States should strive to create a strategic framework for the exchange of

information and mutual assistance in order to enhance measures that can improve


the safety, security and prevention systems and make it possible to combat unlawful acts perpetrated at sea.

Article 25

Aids to Navigation and Provision of Hydrographic Services

Member States shall encourage the cooperation, coordination and sharing of expertise and service provision in the fields of Navigation and hydrography in accordance with the specifications and the rules of the International Association of Lighthouses Authorities (IALA) and the International Hydrographic Organization (IHO)

Article 26

International Instrument Relating To Maritime Safety, Maritime Security and Combating Piracy

1. Member States shall enact legislation and take all the necessary measures to

give full effect to this Charter and all other relevant international instrument codes and regulations in the area of maritime, port safety and security in order to ensure safe, secure and efficient shipping and port operations;

2. Members States shall adopt effective measures to combat acts of piracy, armed robbery and other unlawful acts against shipping through co-operation with other international bodies.

Article 27

Ports and Places of Refuge Member States shall seek to articulate within the framework of international maritime law, national, sub-regional or regional strategies concerning places of refuge for ships in distress taking into consideration real and potential danger they pose to the marine environment and maritime navigation.

CHAPTER IX Protection of Marine Environment

Article 28

Protection and Preservation of the Marine Environment 1. Member States shall seek to intensify their efforts at, regional and international

levels, directly or with the support of competent regional and international organizations, to ensure the protection and preservation of the marine environment.

2. Member States shall promote, either individually or in regional cooperation,

develop contingency plan and other measures aimed at preventing and combating pollution incidents arising from marine transport.


3. Member States commit themselves to the creation of a sustainable compensation

regime to cover marine incidents of pollution of the sea that are not covered by existing international compensation regimes.

4. Member States shall seek to implement a common policy aimed at preventing and

combating marine pollution from ships and other sources of pollution. 5. To fully implement the provisions of this Article, they shall ensure:

a) Acceptance, ratification and implementation of marine environment protection conventions and instruments ;

b) Strengthening of mechanisms for national, bilateral, sub-regional, regional

and international cooperation to prevent and combat pollution from all sources and the dumping of toxic wastes in African waters;

c) Establishment of mechanisms of control and monitoring activities in the

maritime domain;

d) Development of national and regional contingency plans for marine pollution preparedness and response in partnership with the oil industry at national, regional and international levels.

Article 29

Port Reception Facilities 1. Member States shall, individually or collectively, within the framework of relevant

international, regional and national instruments, take all the necessary steps such that port reception facilities comply with the needs of ships. They shall ensure the efficient use of such facilities, making sure that this does not lead to unjustified delays to ships.

2. Member States agree to take all the necessary steps to ensure the proper

functioning of port reception facilities in order to limit the impact of pollution from ships.

3. Member States shall notify ships using their ports of all necessary precautions and

up-to-date information relating to the obligations laid down by relevant international conventions and the national legislation applicable.


CHAPTER X Information and Communication Technologies,

Facilitation of Maritime Traffic

Article 30 Information and Communication Technologies

1. Member States shall share information and promote the general application and

modernization of current information technologies. 2. Member States shall encourage the use of such electronic data exchange systems

for the dissemination among African States and regional and sub-regional institutions of information on the movement of ships.

3. Member States shall promote the use of information technologies in all maritime

and port activities.

Article 31 Measures to Facilitate Maritime Traffic

Member States should encourage, at national sub-regional and regional level, the establishment of committees for facilitation, harmonization and simplification of administrative and customs procedures, the use of information and communication technologies and in this regard promote the adoption of relevant international conventions aimed at the promotion of facilitation of maritime traffic.

CHAPTER XI Development of Maritime and Inland Waterways

Article 32

Improvement of the Safety and Security of Maritime and Inland Waterways Transport

Member States shall endeavour to improve the safety of vessels not covered by relevant IMO Conventions including fishing, cargo, passenger ships and other small crafts operating in inland waterways. In this regard Member States may be inspired to consider adopting the IMO Model legislation for the regulation of safety on inland waterways.

Article 33 Concerted Actions for the Development of Passenger Transport

Member States shall establish at national and regional level a concerted plan of action for the development of maritime and inland waterways passenger transport which is reliable, competitive and sustainable.


CHAPTER XII Financing of Maritime and Inland Waterways Transport

Article 34

Monitoring, Evaluation and Financing of Maritime Transport and Inland Waterways Transport

Within the framework of the mobilization of the necessary resources for financing maritime and inland waterways transport activities, Member States shall as a priority, budget appropriately for the provision of a safe, secure and environmentally friendly maritime transport infrastructure:

1. Promote regular studies to evaluate and strengthen the performance of African shipping lines;

2. Encourage financial institutions to support Member States and continental efforts in the strategic development of the maritime industry, including the acquisition and operational of ships, related equipment and development of maritime sector;

3. Promote the establishment of a national and/or regional maritime fund,

including the creation of financial institutions for the development of maritime transport industry and inland waterways.

Article 35

Encouragement of Private Initiative in Maritime and Inland Waterways Investment

1. Member States shall encourage the participation of the private sector in maritime

and inland waterways transport activities. 2. Member States shall promote the creation of partnerships of African operators in

order to increase their financing capacities.

CHAPTER XIII Human Resource Development

Article 36

Training and Capacity Building and Upgrading of Professionals in the Maritime Sector

Member States shall endeavour to invest in and finance established programmes for education and training in relevant maritime skills and for upgrading maritime professionals in all areas of the maritime and ports industry.


Article 37 Gender Balance and Participation of Women

1. Member States agree to promote and adopt policies that create opportunities for

the advancement of gender equality, and vigorously promote economic opportunities; recruitment, placement, promotion and progression of women in the maritime sector.

2. Member States shall endeavour to enact relevant legislation to give effect to the

acceleration of women empowerment in the maritime sector including encouragement of specific education, mentoring and training of women at all levels.

Article 38 Health and Safety

1. Member States agree to promote the adoption of relevant regional and

international instruments for the promotion of social security, and occupational health and safety in the maritime industry.

2. Member States further agree to harmonize, co-ordinate and cooperate in the

implementation of measures to improve the lives and working conditions of seafarers and port employees within clearly defined national, regional and international framework.

3. Member States shall promote and implement awareness and training programmes

on contagious disease and occupational health hazards across the maritime industry and at educational and training institutions.

4. Member States agree to promote seafarers health through the training of medical and paramedical personnel.

Article 39

Research and Information Centres 1. Member States agree to promote research and sharing of research reports on

matters of common interest, establish or reactivate research, and information centres.

2. To this end, Member States shall endeavour to:

a) Establish or strengthen national, regional maritime research and development centres;

b) Promote harmonized regional approach to maritime training through the

adoption and coordination of programmes, exchange of instructors and trainees within the framework of applicable conventions;


c) Develop cooperation in the area of research and training with maritime

industry at regional, governmental, non-governmental and inter-governmental organizations.

CHAPTER XIV

Commitment of States Parties, Implementation, Monitoring and Evaluation Mechanisms

Article 40

Commitment of State Parties State Parties accept the objectives and principles enshrined in this Charter to reinforce their national maritime transport and inland waterways policies and systems and undertake to institute appropriate measures, especially legislative, regulatory and administrative to ensure that their laws and regulations are consistent with this Charter.

Article 41

National Level

State Parties shall take necessary steps to ensure the implementation of this Charter in their respective countries through the elaboration of national maritime transport and inland waterways plans of action.

Article 42 Regional and Sub-Regional Levels

State Parties shall ensure that the objectives and principles governing maritime transport at regional and sub-regional levels are consistent with this Charter. In this regard, regional and sub regional organizations shall also develop maritime transport and inland waterways plans of action and see to it that they are implemented.

Article 43 Continental Level

1. The Commission of the African Union shall, in collaboration with State Parties,

Regional Economic Communities, specialized institutions and competent international organizations, institute an appropriate mechanism for implementation, monitoring and evaluation of this Charter.

2. The African Union Commission, central coordination organ for the implementation of the Charter must play an advocacy role for the development of maritime transport as the key vehicle for Africa’s renaissance.

To this effect, it has the responsibility of:

a) Assisting States Parties in implementation of this Charter;


b) Coordinating measures geared to evaluating implementation of this Charter; c) Ensuring that State Parties establish national funds for Maritime Transport

development and inland waterways; d) Contributing to the promotion of a culture of Maritime Transport and inland

waterways.

Article 44 Charter Follow-up Mechanism

1. A follow up Committee composed of fifteen (15) representatives of State Parties,

designated by the Ministers Responsible for Maritime Transport, on the basis of geographical representation and rules and procedures of the African Union for a period of two years is hereby created.

2. The Committee shall be charged specifically with:

a) Promoting and fostering of the implementation of the principles and

objectives set out in the present Charter;

b) Monitoring and conducting evaluation of the impact of the implementation of the Charter;

c) Preparing, submitting and publishing through the Commission an annual

report and recommendations on the status of implementation to State Parties.

3. The rules of procedure of this Committee shall be adopted by the conference of

African Ministers Responsible for Maritime Transport.

4. The Committee may, for the execution of its missions, request for the support of the Regional Economic Communities, relevant specialized institutions, sub-regional, regional and continental and international organizations.

CHAPTER XV

Final Provisions

Article 45 Safeguard Clause

1. Nothing in this Charter shall prejudice the rights and obligations of any State under

the United Nations Convention on the Law of the Sea, 1982, and under the customary international law of the sea.

2. Nothing in this Charter shall prejudice the rights and responsibilities of Parties

under other relevant and applicable international agreements.


3. No provision of the Charter shall be used to waive the application of the principles

and values contained in other instruments for the promotion of the development of maritime transport in Africa, which have been ratified by the States concerned.

Article 46

Competence The African Court of Justice shall be the competent organ for matters arising from the interpretation or application of this Charter. Pending its establishment, such matters shall be submitted to the Assembly of the Union, which shall decide by consensus of a two-thirds (2/3) majority of State Parties.

Article 47 Settlement of Disputes

State Parties undertake to settle their disputes regarding the interpretation or the application of the provisions of this Charter by negotiations or any other peaceful means agreed upon by them, which may include enquiry, mediation, conciliation, arbitration, and judicial settlement.

Article 48 Signature, Ratification, Acceptance, Approval or Accession

1. This Charter shall be open for signature by all Member States of the African Union

in accordance with their respective constitutional procedures. 2. This Charter is subject to ratification, acceptance or approval or by signatory

States. The instruments of ratification, acceptance or approval shall be deposited with the Chairperson of the Commission of the African Union.

3. This Charter shall be open to accession by all Member States. of the African Union

Instruments of accession shall be deposited with the Chairperson of the Commission of the African Union.

Article 49 Entry into Force

1. This Charter shall enter into force thirty (30) days after the deposit of the fifteenth

(15th) instrument of ratification, acceptance, approval or accession with the Chairperson of the Commission of the African Union.

2. For each Member State that ratifies, accepts, approves or accedes this Charter after

its entry into force, the Charter shall become effective on the date the State deposits its instrument of accession with the Chairperson of the Commission.

3. The Chairperson of the Commission shall notify Member States of the entry into

force of this Charter at most within a time limit of 30 days.


Article 50 Amendment or Revision

1. After the expiry of five years from the entry into force of this Charter, any State

Party may propose amendments thereto. The text of any proposed amendment shall be submitted in writing, to the Chairperson of the African Union Commission, who shall promptly circulate it to all State Parties thirty (30) days following the date of receipt such proposals.

2. No sooner than six months from the date of notification, shall, on the

recommendation of the Executive Council, the Assembly of State Parties, at its next Conference, shall, by a majority of those present and voting, decide whether to take up the Proposals. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.

3. The adoption of an amendment at a meeting of the Assembly of State Parties or at

a Review Conference on which consensus cannot be reached shall require a two-thirds majority of State Parties.

4. Amendments of this Charter shall enter into force for those State Parties which

have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. Any State Party which has not accepted the amendment may withdraw from this Charter with immediate effect, but subject to Article 51, by giving notice no later than one year after the entry into force of such amendment.

5. A State, which becomes party to the Charter after the entry into force of an

amendment, shall be deemed to be party to this Charter with regard to any contracting State, which is not bound by the said amendment.

6. The chairperson of the Commission shall circulate to all State Parties any

amendment adopted at a Conference of the Assembly of State Parties or at a Review Conference.

Article 51

Withdrawal 1. A State Party may, by written notification addressed to the Chairperson of the

Commission of the African Union, specifying the reasons, withdraw from this Charter. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

Article 52 Authentic Texts

1. The original of this Charter, of which the English, Arabic, French and Portuguese

texts are equally authentic, shall be deposited with the Chairperson of the


Commission of the African Union who shall transmit a certified true copy thereof to all States Members.

2. The Chairperson of the Commission shall register the Charter upon its entry into

force with the Secretary General of the United Nations. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Charter. Done at Durban this day of 16 October 2009

EX.CL/556 (XVI) Annex II

DURBAN RESOLUTION ON MARITIME SAFETY, MARITIME SECURITY AND PROTECTION OF THE MARINE

ENVIRONMENT IN AFRICA


AU/MT/MIN//Res. (II)

DURBAN RESOLUTION ON MARITIME SAFETY, MARITIME SECURITY AND PROTECTION OF THE MARINE

ENVIRONMENT IN AFRICA

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

P. O. Box 3243, Addis Ababa, ETHIOPIA Tel.: (251-11) 5525849 Fax: (251-11) 5525855 Website: www.africa-union.org

AU/MT/MIN//Res. (II) Page 1

DURBAN RESOLUTION ON MARITIME SAFETY, MARITIME SECURITY

AND PROTECTION OF THE MARINE ENVIRONMENT IN AFRICA We, African Ministers responsible for Maritime Transport, meeting in Durban, Republic of South Africa from 15 to 16 October 2009, on the occasion of our Second Conference organized by the African Union.; Mindful of the Treaty Establishing the African Economic Community signed in Abuja, Nigeria, in June 1991; Mindful of the Constitutive Act of the African Union adopted in Lomé, Togo, on 11 July 2000, particularly Articles 3 and 4 on the objectives and principles and articles 14, 15 and 16 thereof which entrust the African Union Commission with the role of coordination in the transport, communication and tourism sectors; Considering the Decision of the Assembly of Heads of State and Government held in Lusaka, Zambia, in July 2001 on the establishment of the New Partnership for Africa’s Development (NEPAD) as a framework for the development of Africa; Recalling the "Transport Targets and Indicators related to Millennium Development Goals” adopted by the African Union Head of States and Government Assembly in July 2005; Recalling also the previous outcome of the first conference of the African ministers responsible for maritime transport, Abuja ,2007, and the first session of the Conference of the African Ministers of Transport, Algiers, 21 to 25 April 2008; Noting the United Nations General Assembly resolution A/RES/61/111 on Oceans and the Law of the Sea also urging all States, in cooperation with the International Maritime Organization to combat piracy and armed robbery at sea; Considering also the importance of maritime safety, and security and the protection of the marine environment in the maritime transport sector development world-wide, especially in Africa; Considering the importance of cooperation and capacity building in the implementation of maritime instruments, particularly in the areas of safety, security, protection of the marine environment and facilitation of international maritime traffic;

Recognizing the roles and contributions of United Nations agencies, international and regional organizations, States and other stakeholders have made and continue to make towards the enhancement of safety of navigation, security and the protection of the marine environment Concerned by:


a. The numerous challenges facing the African continent in Maritime Safety and

security including incidents of piracy and armed robbery, and the protection of the marine environment ;

b. the dumping of toxic waste along African coast, health hazards and related

Marine pollution incidents;

c. the need to enhance and build up human and institutional capacities capable of ensuring uniform and effective compliance with international regulatory standards in the maritime sector;

d. the need for prioritization in favour of providing the necessary financial resources to advance the strategic maritime transport development agenda;

Recalling:

a. the importance of maritime transport in the economic development of the Continent particularly the increased interactions among peoples, and the wealth creation resulting from the various forms of integration so facilitated;

b. the fundamental leadership, coordination, harmonization, facilitation and

advocacy role of the African Union Commission in the building of infrastructure for Africa’s economic development;

c. the essential obligations of coastal States in maritime governance, flag state

implementation and port state control;

d. the need to establish and/or strengthen Maritime Administrations of the Member State of the African Union to be at the forefront of the development of the maritime transport portfolio in Africa;

e. the supportive and complimentary role of the Regional Economic Communities

(RECs) in the implementation of regional maritime industry promotion activities ; and

f. the importance of the ISPS Code and the Djibouti Code of Conduct in the management of maritime security.

Reaffirm:

a. the respect of Constitutive Act of the African Union for the sovereignty, territorial integrity, political independence and unity of Member states, including their rights with respect to offshore natural resources, including fisheries, in accordance with international law;

b. the urgent need to enhance national, regional and continent-wide strategies and

policies in the continent with a view to promoting maritime transport as one of the


key modes of transport which enhances Africa’s economic development and integration;

c. the commitment of Member States to honour their obligations concerning

maritime security and safety as well as protection of marine environment as set out in relevant international instruments to which they are parties;

d. Further ,that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS), sets out the legal framework applicable to combating piracy and armed robbery at sea, as well as other ocean activities,

Condemns and deplores all acts of piracy and armed robbery against vessels in waters off the coast of Somalia and the Gulf of Aden; Welcome the various initiatives undertaken by the Regional Economic Communities (RECs) and by the United Nations and other international organizations in the Continent; Undertake to:

a. Support the efforts of the International Maritime Organization and United Nations’ Security Council in coordinating an international response to the scourge of piracy along the coast of Somalia including the establishment of the piracy information centres and building of sub-regional capacity and capabilities ;

b. enact national legislation where appropriate and take all the necessary measures

to give full effect to relevant international instruments in the area of maritime, port safety and security in order to ensure safe, secure, efficient, and environmentally friendly shipping

c. Encourage the implementation of the Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against ships off the coast of Somalia and the Gulf of Aden, for those countries that are party to it.

Recommend accession of the Member States of the African Union to various international instruments and resolutions relating to maritime safety, maritime security and protection of the marine environment. Resolve to:


a. work together for the ratification and implementation of various international

instruments relating to maritime safety, security; and protection of the marine environment;

b. create and / or strengthening national Maritime Administrations or their equivalent;

c. Promote and support regional and sub regional coordination and monitoring of

maritime activities aimed at the improvement of maritime safety, security, facilitation of international maritime traffic and protection of the marine environment in Africa;

d. encourage the Regional Economic Communities to undertake or pursue supplementary projects in areas where there is need to build local maritime capacity; and

e. support the initiative of the Maritime Organization for West and Central Africa (MWOCA) and IMO on the establishment of an Integrated Coast Guard function Network in the sub-region.

f. promote sub-regional cooperation and coordination in the provision of coast guard functions inclusive of maritime intelligence, surveillance safety and security, protection of environment and search and rescue.

g. encourage the Regional Economic Communities to undertake or pursue supplementary projects in areas where there is need to build local maritime capacity and sharing best business practices to enhance port security.

h. encourage continued implementation of the International Ship and Ports Security

(ISPS) Code by all Member States.

i. encourage strong surveillance and patrolling capability, the sharing of information pertinent to maritime security and implement the Long Range Identification and Tracking System at Sub-regional and Regional levels.

Invite:

a. the Commission of the African Union to take all appropriate measures to, under its coordination, accelerate the implementation of various United Nations instruments relating to maritime safety, maritime security and the protection of the marine environment;

b. Member States to undertake to budget for the provision of necessary capacity

and resources to ensure the safety, security and protection of the marine environment and to further undertake to put in place an efficient communication network in order to make optimal use of the mechanisms for control, follow-up and intervention at sea and ensure better facilitation of international maritime traffic.


Recognize the role of African Union Commission to coordinate and provide mandate to set up a common policy aimed at preventing and combating marine pollution from the ships and other sources of pollution. Make an Appeal to the United Nations Economic Commission for Africa (UNECA the African Development Bank; International Maritime Organization (IMO), United Nations Development Programme (UNDP), United Nations Office on Drugs and Crime), the World Bank, (ADB), the European Union (EU), interested countries and all Shipping development partners to support the Maritime Plan of Action for the strategic development of maritime transport in Africa; Urge African States and Regional Economic Communities (RECs) to foster cooperation in the maritime sector; INVITES the Commission to bring this resolution to the attention of the International Maritime Organization and United Nations Security Council; Done and adopted in Durban, South Africa, on 16 October 2009

EX.CL/556 (XVI) Annex III

PLAN OF ACTION MARITIME TRANSPORT

2009-2012


AU/TPT/MT/PI.Ac. (II)

PLAN OF ACTION MARITIME TRANSPORT

2009-2012

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www. Africa-union.org

AU/TPT/EXP/Pl.Ac.MT(II) Page 1

INTRODUCTION The Plan of Action adopted in Abuja, Nigeria, on 23 February 2007 by the Ministers responsible for Maritime Transport at their First Conference organized by the African Union covers the period 2008 – 2010. This Plan of Action constitutes a road map primarily aimed at outlining the global objectives pursued in the bid to improve African maritime transport, the major activities or actions identified for attaining the objectives, the measures of output, the lead and other institutions responsible for the implementation of the activities detailed in the Action Plan. Some of the priority activities have been implemented by the responsible parties. The Plan of Action was reviewed and updated in the Conference of Ministers Responsible for Transport held in Algiers, Algeria in 21 – 25 April 2008. At present, the financial implications of the Plan of Action can not be meaningfully estimated. However, such estimates will be carried out prior to implementation of each of the activities programmed. Moreover, the Plan of Action constitutes a negotiation document vis-à-vis development partners likely to support Africa in its efforts at developing maritime transport in the continent. The African Union Commission will remain the key coordination organ for facilitating implementation of the Plan of Action at the continental level.


NO OBJECTIVES ACTIONS MEASURES OF OUTPUT

LEAD INSTITUTION

RESPONSIBILITY DURATION

1 Institutional and Legal Measures 1.1 Update the 1994 Charter Review, adoption and ratification

of the African Maritime Charter and Notification to AU.

Charter enters into force

AU RECs, States, MOWCA, IMO

2009

1.2 Enhance and strengthen national capacities to ratify and implement internationals conventions

Provide the necessary technical assistance to maritime administrations in collaboration with International Maritime Organisation (IMO), ILO (maritime labour), and other specialized organizations such as International Organization for Hydrography.

Conventions ratified; legislations updated and implemented

AU RECs, States, IMO, MAWCA,

UASC, ILO

2009

1.3 Ensure better coordination of continental endeavours in the maritime transport sub-sector

Feasibility study for the creation of a continental coordination structure for the maritime transport sub-sector Creation of a maritime transport coordination unit within the African Union Commission

Decision of the Assembly of the Union

AU RECs, States, MOWCA, UASC

2009

2 Capacity Building 2.1 Develop Africa’s training

capacities in the area of maritime and port administration

Audit and creation of regional centres for technical training and maritime science Study of the adequacy Africa’s training capacities Promotion and strengthening of partnerships with international maritime training institutions Harmonisation of training programmes

Report Report Agreements signed and implemented Framework adopted and

AU, RECs

AU, RECs

States

AU, RECs

States, PAPC, IMO,

ILO,'OMAOC

States, PAPC, IMO, ILO

AU, RECs,

PAPC, IMO, ILO

States, PAPC, IMO, ILO

2014

2011

2011

2011

2011


NO OBJECTIVES ACTIONS MEASURES OF

OUTPUT LEAD

INSTITUTION RESPONSIBILITY DURATION

Provision of relevant equipment and resources for the training centres Education and training of African personnel in the field of maritime transport and maritime services. Study of the profiles of maritime administrations Increase the number of African seafarers

implemented Centre equipped Number trained Report Number of African seafarers

States

States

AU, RECs

States

AU, RECs, IMO

AU, RECs, IMO

States, IMO, PAPC

AU, RECs, PAPC, IMO, ILO

2011

2010

2011

2.2 Enhance the capacities and promote integration of women in the maritime sector

Encouragement and enhancement of access to maritime training for women Strengthening the role of women in the maritime sector

Number of women trained Number of women employed Number of female entrepreneurs in the sector.

States “

AU, RECs, MOWCA, PAPC,

IMO, ILO “

2011 “

2.3 Combat STDs, HIV/AIDS Sensitise maritime transport and ports personnel through education

Reduced prevalence rates

States AU, RECs, IMO,MOWCA, WHO, PAPC,

IMO

2011

2.4 Develop partnerships between Governments and maritime and port sector organisations

Promotion of performance contracts between the State and maritime and port sector organisations

Contracts executed

States AU, RECs, MOWCA,

PAPC, UASC, Private

Operators

2011



OUTPUT LEAD


2.5 Strengthen capacity building for coastal, flag state and port state control implementation.

Training of personnel and strengthening of institutions to achieve effective discharge of coastal, flag and port state responsibilities

Number of surveyors trained

States AU, IMO, RECs, PSC, MoUs

2011

3 Strengthening Maritime Safety and Security 3.1 Improve safety of

navigation of coastal, inland waterways, port/harbour approaches and within ports/harbours in Africa

• Aids to Navigation: Develop and maintain adequate, effective and reliable Aids to Navigation where the volume of traffic or the degree of risk justifies such services, and disseminate related information

• Hydrography: Provide for the procurement and compilation of hydrographic data and the publishing, dissemination and updating nautical charts, including Electronic Navigational Charts, and nautical information necessary for safe navigation

Report on degree of compliance with IMO voluntary audit scheme relating to Aids to Navigation and Hydrography

States

States

AU, Member States, RECs,

with the assistance of

IMO, IALA, IHO

AU, Member States, RECs,

with the assistance of

IMO, IALA, IHO

2011

2011

3.2 Acceptance of the Memoranda of Understanding on port State control by the concerned States

Implementation of the Memoranda of the Understanding on Port State Control by member States. and training of surveyors.

Improved security of ships and seafarers Increased number of ship inspection

States AU, RECs, PAPC, IMO,

All PSC MOUs.

2011

3.3 Ensure the security of ships, ports/ship interface.

Implementation and compliance with Chapters V and XI-2 of the 1974 SOLAS Convention and the ISPS Code and SUA convention

Security plan established

States

AU, PAPC, RECs, IMO

2011



OUTPUT LEAD


and measures for combating piracy at national level Development and implementation of measures to ensure supply chain security

3.4 Safety of domestic ferries and non-convention vessels

Adoption and implementation of the IMO Safety regulations on non-convention ships, 2007 including fishing vessels.

Number of countries revising maritime legislations

States AU, IMO, RECs, PAPC, ICS

(International Chamber of Shipping)

2011

3.5 Promote the human element in maritime safety and security and the logistic chain

Implement a strategy in respect of the role of the human element in maritime transport safety and security Implement the directives concerning passenger transport in inland waterways. Implement the directives concerning maritime cabotage

Reports

States

AU, RECs, PAPC

2012

3.6 Protect the marine environment

Appraisal study of eco-systems threatened by maritime transport Enhancement of marine and coastal environment protection in all maritime transport operations Establishment of contingency plans to prevent spills

Impact study report Report No of contingency plans developed.

States

States

States

AU, RECs, IMO

AU, RECs, IMO, All African PSC

MOUs

AU, RECs, IMO

2010

2011

2010



OUTPUT LEAD


Prevention of dumping of waste and radio-active waste.

Ballast water management and prevention of pollution by dangerous and hazardous substance (HNS Convention). Ratification of all international convention on anti-dumping and enacted of domestic legislation thereof.

Report No of conventions ratified and domestic legislation enacted.

States

AU, RECs, IMO

2010

3.7 Development of capacities for preventing and combating pollution, and implement related international conventions

Enhance national and regional capacities with a view to preventing, controlling and combating pollution particularly through training, exchange of skills and knowledge programmes Revision and improvement of national legislations Fight against the dumping of toxic waste along African coasts.

Increase in number of ratifications of international conventions National maritime legislation enacted Number of national contingency plans developed Secure a legal framework to protect biodiversity and the marine

States

States

AU, RECs, IMO

AU, RECs, IMO

2012

2011



OUTPUT LEAD


environment. 3.8 Provide the means to

strengthen legal capacities of national maritime authorities

Development, revision and updating of national maritime legislations and their enabling texts Access to funding and human resources

Legislation updated and in force in all countries Moyens humains et matériels et financiers disponibles

States AU, RECs, IMO, MOWCA

2011

3.9 Create regional coast guard networks (North, West, Central, East and South) and surveillance facilities, cooperation and coordination in the field of search and rescue.

Adoption and implementation of IMO/MOWCA resolution Establish regional search and rescue at centres

Regional and sub-regional rescue centre operational

AU, RECs

AU, RECs

States, IMO, MOWCA

States, IMO, MOWCA

2011

2011

3.10 Establishment of Global Maritime Distress System for Security (GMDSS).

Establishment of national, regional search and rescue centers, provision of adequate human resources (maritime police) and equipment.

No of centres established

States, IMO, AU

States, IMO 2011

4 Enhancement of Port Performance 4.1 Improve port management

and operations Creation of a data base on port and maritime activities as well as hydrography Promotion of measures to improve port management and operations particularly audits, management control, handling and conservation Harmonisation of restructuring

Reports Port performance indicators Guidelines available

States

States

States

AU, PAPC, RECs

AU, PAPC, RECs

AU, PAPC,

2011

2011

2011



OUTPUT LEAD


programmes through encouragement of private-public partnerships

RECs

4.2 Strengthen facilitation of international and regional maritime traffic.

Adoption of the 1965 FAL Convention and the 1991 amendments to the IMO Convention Adoption of the electronic data system (EDIMAR system) with a view to improving movement of ships, seamen and goods, and reducing the number of documents and dwell time of ships in ports Creation of one-stop shops

Establishment of FAL National Committees and reduction of ships dwell time

States ” ”

AU, PAPC, RECs, MOWCA,

IMO, UASC ” ”

2011 ” “

4.3 Improve maritime transport management systems

Creation of data banks for maritime transport management Establishment of observatories

Database available

States AU, RECs, MOWCA, IMO,

UASC

2011

4.4 Promote quality maritime transport

Adoption and use of improved technical standards

Standards applied States AU, RECs, IMO,UASC

2011

4.5 Organise the activities of maritime transport auxiliary services

Enact appropriate and harmonised legislations for African countries Promotion of African National Operators in maritime professions and maritime transport auxiliaries

Legislations applied Rights of auxiliaries defined and applied

States

States

AU, RECs, UASC, MOWCA,

IMO

AU, RECs, UASC, MOWCA,

IMO

2010

2013

4.6 Improve the Identification of the causes of non- Report States AU, RECs, 2012



OUTPUT LEAD


competitiveness of African ports

competitiveness of African ports Acquisition of adequate equipment and infrastructure Identification and implementation of key development projects Reduction in port transit charges

Equipment operational Projects executed Percentage of reduction

States

States

States

MOWAC, PAPC

AU, RECs, MOWAC, PAPC

AU, RECs,

MOWAC, PAPC

AU, RECs, MOWAC, PAPC

2013

2011

2011

5 Strengthening of inter-African and International Cooperation

5.1 Facilitate access to and from the sea and freedom of transit for landlocked countries

Implement the facilitation agreements (Almaty Programme of Action, various other regional programmes etc…) Improvement of maritime transport infrastructure Development of dry ports and maritime logistics centres Use of navigable internal waterways and, eventually, building of navigable canals to link up landlocked countries Creation of railway, road and oil pipeline development corridors

National and regional facilitation committees Work accomplished “ Work accomplished Work accomplished Facilitation measuring approach

AU, RECs

States “

States

AU, RECs

States, PAPC, MOWCA,UASC

States, PAPC, MOWCA

“

States, PAPC, MOWCA

States, PAPC, MOWCA

2011

2011 “

2013

2014



OUTPUT LEAD


Improvement of corridors performance Implementation by different States of inter-State conventions on transit transport Conduct demand analysis for alternative and or additional seaports.

Facilitation measuring approach Report of study Report of study

AU, RECs

AU, RECs

RECs

States, PAPC, MOWCA

States, PAPC, MOWCA

States, PAPC, MOWCA

2014

2014

2011

5.2 Reinforce communication and information sharing and database among merchant marine administrations/ maritime administrations.

Establishment of information networks among African maritime authorities

Network functional States AU, RECs, PAPC, MOWCA,

IMO

2014

5.3 Improve maritime transport conditions and protect the interest of shippers

Enhance the creation of shippers’ councils Organisation of skills up-grading workshops on maritime transport integrated logistics chain for African shippers Defence and protection of the interests of shippers in international conventions (UNCITRAL Convention on International Carriage of Goods Partially or Wholly by Sea) Control costs in the transport

Council created Workshops and seminars organised Report Reduction of ports access, freight and transit costs

States

States

States

AU, RECs, UASC

AU, RECs,

UASC

AU, RECs, UASC

2011

2011

2011



OUTPUT LEAD


chain.

5.4 Promote cooperation among maritime transport service providers (Shipping lines) Promote joint venture in maritime transport services.

Promotion of African companies Development of joint venture companies (joint ventures) in the area of maritime transport through shipping consortia and “slot chartering”

Volume of goods transported by African shipping companies

States AU, ADB, RECs, UASC

2014

5.5 Cooperation and sharing of knowledge by technical experts

Creation of area specialised forums for such technical experts as maritime engineers, legal experts, business experts, bankers, equipment operators, ship and other maritime operators.

Number of events organised

AUC RECs, sector professional associations, States and all stakeholders

2011

6 Facilitation and Financing of Maritime Transport and Ports

6.1 Promote acquisition of vessels

Enhance the development of funding instruments for vessels acquisition

Tonnage belonging to and used by African countries

States AU, ADB, RECs 2010

6.2 Facilitate and encourage the creation of African ship registers

Development of a legal and appropriate regulatory environment for ships registration

Registers established

AU RECs, States, MOWCA, IMO

2014

6.3 Promote and foster mobilisation of financial resources for maritime transport

Appraisal of States disengagement policies and impact on maritime transport Facilitation of funding for integrating maritime transport projects

Appraisal report Number of financing obtained

AU

AU

RECs, ADB, States, MOWCA, PAPC ADB, RECs, States, Development Partners, African Private Operators

2012

2014

6.4 Improve bunkering services Creation of regional bunkering Regional centres RECs AU, States, 2011



OUTPUT LEAD


centres/development of offshore logistics support hubs

operational PAPC

7 Promote Development of Maritime Transport Equipment (Ship Building, Repair and Manufacture of Equipment) 7.1 Promote the development

and/or strengthening of ship building and repair yards

Identification and support to ship building and repair yards Development of and support to shipyards

Data base Reports

States

States

AU, RECs, MOWCA AU, RECs, MOWCA and all the African PSC MOUs

2011

2014

REPORT OF THE SECOND AFRICAN UNION CONFERENCE OF MINISTERS RESPONSIBLE … · 2010-01-18 ·...

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