NAIROBI AND ABIDJAN CONVENTION

Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the East and Central African Region and related Protocol

In 1974, the United Nations Environment Programme (UNEP) initiated the Regional Seas Programme with a view to improving the control of marine pollution and the management of marine and coastal resources. This Programme covers eleven regions, amongst them the West and Central African region, and the Eastern African region. For each region an Action Plan was developed which included the development of a regional convention and technical protocols signifying the commitment of participating countries to address, individually and jointly, their common problems. In the case of the two above-mentioned regions, these became known as the Abidjan and Nairobi Conventions respectively.

The Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region (the Abidjan Convention) and its Protocol Concerning Co-operation in Combating Pollution in Cases of Emergency was adopted by 11 countries at a Conference in Abidjan in March, 1981. The Convention and Protocol entered into force on 5 th August, 1984 after the deposit of the 6 th instrument of ratification, and now has 10 Contracting Parties: Cameroon, Congo, Cote d’Ivoire, Gabon, Gambia, Ghana, Guinea (Conakry), Nigeria, Senegal and Togo. The Convention designated Cote d’Ivoire as the Depository, and UNEP as the Secretariat. The Regional Coordinating Unit is based in Abidjan. There have been 6 Conference of Parties meetings, the most recent in Abidjan, in May, 2002.

The Convention for Co-operation in the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (the Nairobi Convention) and its Protocols concerning i) Co-operation in Combating Pollution in Cases of Emergency in the Eastern African Region, and ii) Protected Areas and Wild Fauna and Flora in the Eastern African Region, was adopted by 7 countries at a Conference in Nairobi in June, 1985. The Convention entered into force on 30 th May, 1996 after the deposit of the 6 th instrument of ratification, and now has 9 Contracting Parties: Comoros, Kenya, Madagascar, Mauritius, Mozambique, Reunion (France), Seychelles, Somalia and Tanzania. The Convention designated Kenya as the Depository, and UNEP as the Secretariat. The Regional Coordinating Unit is based in Seychelles. There have been 3 Conference of Parties meetings, the most recent in Maputo, Mozambique, in December, 2001.

Both Conventions contain an array of fairly general provisions which together provide a comprehensive framework for the protection, management and development of the marine and coastal environment. These provisions cover, amongst other things, the control of pollution from ships, land-based sources, dumping, seabed activities, and airborne pollution and co-operation in combating pollution in cases of emergency. They also cover the establishment of Specially Protected Areas, environmental impact assessments, environmental damage from engineering activities, scientific and technical co-operation and liability and compensation. In recognition of the general nature of the provisions, both Conventions also make provision for the development of technical protocols with a view to making the Conventions operational. In this context, any country ratifying or acceding to the Convention must also ratify or accede to at least one of the Protocols.

To this end, Contracting Parties to both Conventions have adopted a Protocol Concerning Co-operation in Combating Marine Pollution in Cases of Emergency. The objective of this is to facilitate the development of regional arrangements to supplement national arrangements for the effective combating of major spillages of oil and other harmful substances from ships. The provisions cover the development of legislation and contingency plans, exchange of information, reporting of incidents and mutual assistance.

Contracting Parties to the Nairobi Convention have also adopted a Protocol Concerning Protected Areas and Wild Flora and Fauna in the Eastern African Region. The objective of this is to promote the implementation of measures to preserve biodiversity and ecosystems, and especially rare, threatened or endangered species and habitats, and migratory species. Such measures include the regulation of activities having adverse effects, the promotion of sustainable utilisation of harvestable species, the control of the introduction of alien species and the establishment of protected areas. In addition, the Protocol aims to promote educational programmes, scientific and technical research and co-operation and information exchange.

Contracting Parties to both Conventions are also currently considering the development of a Protocol on the Protection of the Marine Environment from Land-based Activities.