Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region

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Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region

 

Article 1

GEOGRAPHICAL COVERAGE

1. This Convention shall apply to the Eastern African region,
hereinafter referred to as “the Convention area”as defined
in paragraph (a) of article 2.

2. Except as may be otherwise provided in any protocol to
this Convention,the Convention area shall not include internal
waters of the Contracting Parties.

Article 2
DEFINITIONS

For the purposes of this Convention:

(a) the “Convention area”shall be comprised of the marine
and coastal environment of that part of the Indian Ocean
situated within the Eastern African region and falling
within the jurisdiction of the Contracting Parties to this
Convention. The extent of the coastal environment to be
included within the Convention area shall be indicated in each
protocol to this Convention taking into account the objectives
of the protocol concerned;

(b) “pollution”means the introduction by man, directly or
indirectly,of substances or energy into the marine environment,
including estuaries,resulting in such deleterious effects as harm
to living resources, hazards to human health, hindrance to marine
activities, including fishing, impairment of quality for use of
sea water and reduction of amenities;

(c) “Organization”means the body designated as responsible
for carrying out secretariat functions pursuant to article 16
of this Convention.

Article 3

GENERAL PROVISIONS

1. The Contracting Parties may enter into bilateral or
multilateral agreements, including regional or subregional
agreements, for the protection and management of the marine
and coastal environment of the Convention area. Such agreements
shall be consistent with this Convention and in accordance
with international law. Copies of such agreements shall
be communicated to the Organization and, through the Organization,
to all Contracting Parties to this Convention.

2. Nothing in this Convention or its protocols shall be
deemed to affect obligations assumed by a Contracting Party
under agreements previously concluded.

3. This Convention and its protocols shall be construed in
accordance with international law relating to their subject matter.
Nothing in this Convention and its protocols shall prejudice the
present or future claims and legal views of any Contracting Party
concerning the nature and extent of its maritime jurisdiction.

Article 4

GENERAL OBLIGATIONS

1. The Contracting Parties shall, individually or jointly, take
all appropriate measures in conformity with international law
and in accordance with this Convention and those of its protocols
in force to which they are party, to prevent, reduce and
combat pollution of the Convention area and to ensure sound
environmental management of natural resources. using for this
Purpose the best practicable means at their disposal, and in
accordance with their capabilities.

2. The Contracting Parties shall co-operate in the formulation
and adoption of protocols to facilitate the effective implementation
of this Convention.

3. The Contracting Parties shall take all appropriate measures in
conformity with international law for the effective discharge of
the obligations prescribed in this Convention and its protocols
and shall endeavour to harmonize their policies in this regard.

4. The Contracting Parties shall co-operate with the competent
international, regional and subregional organizations to ensure
the effective implementation of this Convention and its protocols.
They shall assist each other in fulfilling their obligations under
this Convention and its protocols.

5. In taking the measures referred to in paragraph 1, the
Contracting Parties shall ensure that the application of such
measures does not cause pollution of the marine environment
outside the Convention area.

Article 5

POLLUTION FROM SHIPS

The Contracting Parties shall take all appropriate measures to
prevent, reduce and combat pollution of the Convention area
caused by discharges from ships and, for this purpose, to
ensure the effective implementation of the applicable
international rules and standards established by, or within
the framework of, the competent international organization.

Article 6

POLLUTION CAUSED BY DUMPING

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area caused by dumping of wastes and other matter at sea
from ships, aircraft, or manmade structures at sea, taking
into account applicable international rules and standards
and recommended practices and procedures.

Article 7

POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall endeavour to take all appropriate
measures to prevent, reduce and combat pollution of the Convention
area caused by coastal disposal or by discharges emanating from
rivers, estuaries, Coastal establishments, outfall structures,
or any other sources within their territories.

Article 8

POLLUTION FROM SEA-BED ACTIVITIES

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area resulting directly or indirectly from exploration and
exploitation of the seabed and its subsoil.

Article 9

AIRBORNE POLLUTION

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat pollution of the Convention
area resulting from discharges into the atmosphere from
activities under their jurisdiction.

Article 10

SPECIALLY PROTECTED AREAS

The Contracting Parties shall, individually or jointly,
take all appropriate measures to protect and preserve rare
or fragile ecosystems as well as rare, depleted, threatened
or endangered species of wild fauna and flora and their
habitats in the Convention area. To this end the Contracting
Parties shall, in areas under their jurisdiction, establish
protected areas, such as parks and reserves, and shall regulate
and, where required and subject to the rules of international law,
prohibit an activity likely to have adverse effects on the
species, ecosystems or biological processes that such areas are
established to protect. The establishment of such areas shall
not affect the rights of other Contracting Parties and third
States and in particular other legitimate uses of the sea.

Article 11

CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY

1. The Contracting Parties shall co-operate in taking all
necessary measures to respond to pollution emergencies in the
onvention area and to reduce or eliminate pollution or the
threat of pollution resulting therefrom. To this end ,
the Contracting Parties shall, individually and jointly,
develop and promote contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention area.

2. When a Contracting Party becomes aware of a case in
which the Convention area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other States
ikely to be affected by such pollution, as well as competent
International Organizations . Furthermore, it shall inform,
as soon as feasible, such other States and the Organization
of any measures it has taken to minimize or reduce pollution
or the threat thereof.

Article 12

ENVIRONMENTAL DAMAGE FROM ENGINEERING ACTIVITIES

The Contracting Parties shall take all appropriate measures
to prevent, reduce and combat environmental damage in the Convention
area, in particular the destruction of marine and coastal ecosystems,
caused by engineering activities such as land reclamation and dredging.

Article 13

ENVIRONMENTAL IMPACT ASSESSMENT

1. As part of their environmental management policies, the Contracting
Parties shall, in Cooperation with competent regional and international
organizations if necessary, develop technical and other guidelines to
assist the planning of their major development projects in such a way
as to prevent or minimize harmful impacts on the Convention area.

2. Each Contracting Party shall assess, within its capabilities,
the potential environmental effects of major projects which it has
reasonable grounds to expect may cause substantial pollution
of, or significant and harmful changes to, the Convention area.

3. With respect to the assessments referred to in paragraph 2,
the Contracting Parties shall, if appropriate in consultation with
the Organization, develop procedures for the dissemination of
information and, if necessary, for consultations among the
Contracting Parties concerned.

Article 14

SCIENTIFIC AND TECHNICAL CO-OPERATION

1. The Contracting Parties shall co-operate, directly or with
the assistance of competent regional and International Organizations ,
in scientific research, monitoring, and the exchange of data and other
scientific information relating to the purposes of this Convention
and its protocols.

2. To this end, the Contracting Parties shall develop and
co-ordinate their research and monitoring programmes concerning
pollution and natural resources in the Convention area and.shall
establish, in co-operation with competent regional and international
organizations, a regional network of national research centres and
institutes to ensure compatible results. With the aim of further
protecting the Convention area, the Contracting Parties shall
endeavour to participate in international arrangements for research
and monitoring outside the Convention area.

3. The Contracting Parties shall co-operate, within their available
capabilities, directly or through competent regional and international
organizations, in the provision to other Contracting Parties of
technical and other assistance in fields relating to pollution and
sound environmental management of the Convention area.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region 2, Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region 3, Conventions: Chronological Index 1971-1990, International Organizations, Marine and Coastal conventions.

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