Bamako Convention on the Ban of the Import into Africa 6

Bamako Convention on the Ban of the Import into Africa

 

Article 17

Amendment of the Convention and of Protocols

1. Any Party may propose amendments to this Convention and any Party to
a Protocol may propose amendments to that Protocol. Such amendments
shall take due account, inter alia, of relevant scientific, technical,
environmental and social considerations.

2. Amendments to this Convention shall be adopted at a meeting of the
Conference of the Parties. Amendments to any Protocol shall be adopted
at a meeting of the Parties to the Protocol in question. The text of any
proposed amendment to this Convention or to any Protocol, except as may
otherwise be provided in such Protocol, shall be communicated to the
Parties by the Secretariat at least six months before the meeting at
which it is proposed for adoption. The Secretariat shall also
communicate proposed amendments to the Signatories to this Convention for
their information.

3. The Parties shall make every effort to reach agreement on any
proposed amendment to this Convention by consensus. If all efforts at
consensus have been exhausted, and no agreement reached, the amendment
shall, as a last resort, be adopted by a two-thirds majority vote of the
Parties present and voting at the meeting, and shall be submitted by the
Depository to all Parties for ratification, approval, formal confirmation
or acceptance.

Amendment of Protocols to this Convention

4. The procedure specified in paragraph 3 above shall apply to
amendments to any protocol, except that a two-thirds majority of the
Parties to that Protocol present and voting at the meeting shall suffice
for their adoption.

General Provisions

5. Instruments of ratification, approval, formal confirmation or
acceptance of amendments shall be deposited with the Depository.
Amendments adopted in accordance with paragraph 3 or 4 above shall enter
into force between Parties having accepted them, on the ninetieth day
after the receipt by the Depository of the instrument of ratification,
approval, formal confirmation or acceptance by at least two-thirds of the
Parties who accepted the amendments to the Protocol concerned, except as
may otherwise be provided in such Protocol. The amendments shall enter
into force for any other Party on the ninetieth day after that Party
deposits its instrument of ratification, approval, formal confirmation or
acceptance of the amendments.

6. For the purpose of this Article, “Parties present and voting”means
Parties present and casting an affirmative or negative vote.

Article 18

Adoption and Amendment of Annexes

1. The annexes to this Convention or to any Protocol shall form an
integral part of this Convention or of such Protocol, as the case may be
and, unless expressly provided otherwise, a reference to this Convention
or its Protocols constitutes at the same time a reference to any annexes
thereto. Such annexes shall be restricted to scientific, technical and
administrative matters.

2. Except as may be otherwise provided in any Protocol with respect to
its annexes, the following procedures shall apply to the proposal,
adoption and entry into force of additional annexes to this Convention or
of annexes to a protocol:

(a) Annexes to this Convention and its Protocols shall be proposed and
adopted according to the procedure laid down in Article 17,
paragraphs 1, 2, 3, and 4 of this Convention;

(b) Any Party that is unable to accept an additional annex to this
Convention or an annex to any Protocol to which it is Party shall
so notify the Depository, in writing, within six months from the
date of the communication of the adoption by the Depository. The
Depository shall without delay notify all Parties of any such
notification received. A Party may at any time substitute an
acceptance for a previous declaration of objection and the annexes
shall thereupon enter into force for that Party;

(c) Upon the expiration of six months from the date of the circulation
of the communication by the Depository, the annex shall become
effective for all Parties to this Convention or to any Protocol
concerned, which have not submitted a notification in accordance
with the provision of sub-paragraph (b) above.

3. The proposal, adoption and entry into force of amendments to annexes
to this Convention or to any Protocol shall be subject to the same
procedure as for the proposal, adoption and entry into force of annexes
to the Convention or annexes to a Protocol. Annexes and amendments
thereto shall take due account, inter alia, of relevant scientific and
technical considerations.

4. If an additional annex or an amendment to an annex involves an
amendment to this Convention or to any Protocol, the additional annex or
amended annex shall not enter into force until such time as the amendment
to this Convention or to the Protocol enters into force.

Article 19

Verification

Any Party which has reason to believe that another Party is acting or has
acted in breach of its obligations under this Convention must inform the
Secretariat thereof, and in such an event, shall simultaneously and
immediately inform, directly or through the Secretariat, the Party
against whom the allegations are made. The Secretariat shall carry out a
verification of the substance of the allegation and submit a report
thereof to all the Parties to this Convention.

Article 20

Settlement of Disputes

1. In case of dispute between Parties as to the interpretation or
application of, or compliance with, this Convention or any Protocol
thereto, the Parties shall seek a settlement of the dispute through
negotiations or any other peaceful means of their own choice.

2. If the Parties concerned cannot settle their dispute as provided in
paragraph 1 of this Article, the dispute shall be submitted either to an
Ad Hoc organ set up by the Conference for this purpose, or to the
International Court of Justice .

3. The conduct of arbitration of disputes between Parties by the Ad Hoc
organ provided for in paragraph 2 of this Article shall be as provided in
Annex V of this Convention.

Article 21

Signature

This Convention shall be open for signature by Member States of the OAU
for a period of six months from 30 January 1991 to 30 July 1991.

Article 22

Ratification, Acceptance, Formal Confirmation or Approval

1. This Convention shall be subject to ratification, acceptance, formal
confirmation, or approval by Member States of the OAU. Instruments of
ratification, acceptance, formal confirmation, or approval shall be
deposited with the Depository.

2. Parties shall be bound by all obligations of this Convention.

Article 23

Accession

This Convention shall be open for accession by Member States of the OAU
from the day after the date on which the Convention is closed for
signature. The instruments of accession shall be deposited with the
Depository.

Article 24

Right to Vote

Each Contracting Party to this Convention shall have one vote.

Article 25

Entry into Force

1. This Convention shall enter into force on the ninetieth day after the
date of deposit of the tenth instrument of ratification from Parties
signatory to this Convention.

2. For each State which ratifies this Convention or accedes thereto
after the date of the deposit of the tenth instrument of ratification, it
shall enter into force on the ninetieth day after the date of deposit by
such State of its instrument of accession or ratification.

Article 26

Reservations and Declarations

1. No reservations or exception may be made to this Convention.

2. Paragraph 1 of this Article does not preclude a State when signing,
ratifying, or acceding to this Convention, from making declarations or
statements, however phrased or named, with a view, inter alia, to the
harmonisation of its laws and regulations with the provisions of this
Convention, provided that such declarations or statements do not purport
to exclude or to modify the legal effects of the provisions of the
Convention in their application to that State.

Article 27

Withdrawal

1. At any time after three years from the date on which this Convention
has entered into force for a Party, that Party may withdraw from the
Convention by giving written notification to the Depository.

2. Withdrawal shall be effective one year after receipt of notification
by the Depository, or on such later date as may be specified in the
notification.

3. Withdrawal shall not exempt the withdrawing Party from fulfilling any
obligations it might have incurred under this Convention.

Article 28

Depository

The Secretary-General of the Organisation of African Unity shall be the
Depository for this Convention and of any Protocol thereto.

Article 29

Registration

This Convention, as soon as it enters into force, shall be registered
with the Secretary-General of the United Nations (UN) in conformity with
Article 102 of the Charter of the UN.

Article 30

Authentic Texts

The Arabic, English, French and Portuguese texts of this Convention are
equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.

Adopted in Bamako, Mali, on 29 January 1991.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Bamako Convention on the Ban of the Import into Africa, International Court of Justice, Settlement of Disputes.


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