Nairobi Convention

Nairobi Convention

Convention of the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region
Official logo of the Convention
Type	Convention
Context	Marine conservation
Drafted	June 21, 1985
Location	Nairobi, Kenya
Effective	May 30, 1996
Parties	Comoros  France  Kenya  Madagascar  Mauritius  Mozambique  Seychelles  Somalia  Tanzania  South Africa
Languages	English French

The Convention of the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region or Nairobi Convention of 1985 is a regional framework agreement for marine environmental management.

It is implemented by the Consortium for Conservation of Coastal and Marine Ecosystems in the Western Indian Ocean (WIO-C) in coordination with the United Nations Environment Programme (UNEP) and New Partnership for Africa's Development (NEPAD) as well as non-governmental organizations such as World Conservation Union (IUCN) and Western Indian Ocean Marine Science Association (WIOMSA).^[1]

An amended convention was concluded in 2010, but it has not yet entered into force.

History of the Convention

The Convention was created on June 21, 1985 with the goal of fostering cooperation between governments, NGOs, and the private sector within Southern Africa to prevent further degradation of the marine environment of the West Indian Ocean.^[2] The Convention first met in accordance with U.N. Resolution 2997^[3] in an attempt to create a more comprehensive and informed environmental policy for the region.^[4] The major goals of The Convention were to foster economic growth and development while at the same time minimizing negative environmental impact. The original resolution was put into affect in on May 30, 1996, but was amended on March 31, 2010.^[5] The amendments, which have not yet entered enforcement, were designed to improve the framework of the original convention and allow the Convention to have a greater, more unified impact on the environmental policies of the participating nations^[6] Currently the Convention meets every two years in Nairobi, Kenya. The Convention has secured over $78 million in investment funding for conservation projects between 2004 and 2007.^[7]

Current projects

A current major project of the Convention is the identification and removal of shipwrecks along the coast of the Convention Region. The Convention noted in its 2007 meeting that because of the expensive and dangerous nature of shipwreck removal, wrecks that had run aground on participating nations shorelines were often abandoned without being properly decommissioned. This caused large amounts of hazardous materials, such as diesel fuel, to enter into the regional marine environment.^[8] The Convention resolved to make shipowners liable if their ships run aground as well as create a comprehensive network to identify and report abandoned ships for removal or proper decommissioning and sinking. In furtherance of these goals, the Nairobi International Convention on the Removal of Wrecks was concluded. This new convention entered into effect on 14 April 2015.^[8]

At its most recent meeting, the Convention resolved to create universal waste discharge standards for the coastal nations to ensure a uniformed environmental policy for the region. Because of both the size and diversity of the nations participating in the Convention there has been uneven levels of regulation between the nations, which has led to a less than ideal reduction in land based pollution entering the Western Indian Ocean.^[9] The Convention helped to develop comprehensive regulation and testing systems for its nations participating in the Convention in 2009, but the regulations have not yet come into force.^[9]

Summary of the Articles of the Convention

Article Number	Goal
1	Establishes the areas in which the Convention will focus its efforts. The principal region of the Convention is the Western Indian Ocean, particularly the Eastern and Southern Africa region.[10]
2	Provides definitions for the meaning of Contracting Party, Convention area, Pollution, and Organization within the use of The Conventions Resolution. The Convention Defines a Contracting party as a party within the boundaries of the Convention who chooses to participate in the protocols of the convention. It then goes on to define the Convention area as the marine environments, tributaries, and watersheds of the West Indian Ocean. Pollution is defined as the introduction of harmful or delirious elements to the marine environment or its waterways, and finally defines Organization as the body which will carry out and enforce the decisions of the convention.[11]
3	Defines the nature of the agreement the parties are entering into when they become members of the Convention. The first section states that Contracting Parties may participate in bilateral or multilateral agreements with other Contracting parties. The second section states that the Convention cannot obligate Contracting Parties to disobey previous international commitments or agreements.The third section states that all agreements made within the Convention will adhere to international law. The forth section states that government and military vessels are exempt from the regulations placed on commercial vessels.[12]
4	Defines the scope, role, and obligations of the parties involved in the convention. The first section outlines that all rules and protocols established by the convention should conform to current international law. The second section calls for co-operation between Contracting Parties to ensure actions carried out by the Convention are efficiently implemented. The third section again emphasizes that all Contracting parties will obey international law. The fourth section states that Contracting members will cooperate with any legitimate regional or international organization that can help them carry out the goals of the Convention. The fifth section states that Contracting parties shall ensure that they're implementation of Convention protocols does not in of itself create more unnecessary pollution.[13]
5	Addresses pollution from the shipping industry within the Western Indian Ocean and calls for Contracting Parties to act to reduce ship-discharged pollution.[14]
6	Addresses of dumping within the Western Indian Ocean and calls for Contracting Parties to prevent the unlawful disposal of waste at sea.[15]
7	Addresses land-based pollution and its affects on the marine environment. This article calls for Contracting Parties to limit the amount of waste that enters their respective water ways.[16]
8	Addresses pollution from seabed activities and calls for Contracting Parties to prevent over exploitation of the seabed and its subsoils.[17]
9	Addresses pollution from transboundary movement of hazardous materials. The first section of this article calls for cooperation between Contracting Parties to prevent the movement of hazardous materials between their borders. The second section calls for fairness and adherence to international law when taking actions to prevent the movement of hazardous materials.[18]
10	Addresses Airborne pollution and calls for Contracting Parties to limit the discharge of airborne pollution within their territories.[19]
11	Addresses the importance of biological diversity. The first section calls for Contracting parties to make a commitment to protecting vulnerable ecosystems and endangered species. The second Section calls for the creation of parks, reserves, and other protected natural areas. The third section instructions Contracting Parties to make sure that the establishment of these protected areas do not violate the rights of other Contracting Parties[20]
12	Calls for cooperation between the parties of the convention to deal with the above outlined problems. The article also requires Contracting Parties to notify others as soon as they are aware of a pollution incident.[21]
13	Calls for member parties to take action against environmental damage caused by activities such as dredging and land reclamation, particularly against damage caused to coral reefs.[22]
14	Lays the groundwork for a standardized environmental impact testing protocol. The first section states that Contracting Parties shall establish technical guidelines to ensure that the damage caused by major development projects is minimized. The second section requires all Contracting Parties to perform environmental impact studies within their economic and technological abilities. The third section requires Contracting to ask for assistance from the Convention to perform impact studies when possible.[23]
15	Calls for scientific and technological cooperation between the parties of the Convention. The first section calls for Contracting Parties to cooperate with each other as well as regional and international organizations to develop and share technology that can reduce, clean, or monitor pollution. The second section calls for a cooperative monitoring body between all Contracting Parties to help control pollution within the West Indian Ocean. The third section calls for all Contracting Parties to work together with legitimate regional and international organizations to ensure scientifically accurate monitoring systems have been established. The fourth section calls for Contracting Parties to comply with international environmental protocols. The fifth section calls for all Contracting Parties to comply with the previous sections within their economic and technological capacity.[24]
16	Outlines rules for liability and compensation for damage caused within the Convention area. The article calls for Contracting Parties to use the services of established regional and international bodies to create enforceable regulations on environmental liability and compensation methods.[25]
17	Outlines rules for cooperative financial agreements between the parties of the Convention. The article ask Contracting Parties to adhere to UN regulation on international financial agreements to ensure cohesiveness within the Convention.[26]
18	Sets a biennial meeting schedule for the convention. Section one establishes the format of the convention including how workgroups are to be formed to address current issues. Section two allows for meetings to be called outside of the normal schedule if a pressing issue arises.[27]
19	Establishes a protocol for adopting additional measures with non-party entities within the Convention region.[28]
20	Establishes rules for amending Convention protocols.[29]
21	Establishes rules for the annexes of amendments to Convention protocols.[30]
22	Calls for Convention parties to establish financial regulations for Convention activities that will allow transparent cooperation between Convention Parties and non-party organizations.[31]
23	Establishes rules for voting within the Convention, establishing that all Convention Parties have an equal voice within the Convention.[32]
24	Requires parties of the convention to send a report six weeks before the Conventions biennial meeting[33]
25	Outlines how disputes between parties are to be resolved through negotiation within the framework of the Convention. If the conflict cannot be resolved within the Convention between the two parties themselves, they can be submitted for arbitration of the Convention at large.[34]
26	Outlines how a party in the Convention may also serve as a contracting member of the Convention[35]
27	Outlines the means that the Conventions protocols and rules will be enforced. Section one gives the Convention Parties the ability to use any legal means at their disposal to accomplish the goals of the convention within their respective territory. Section two states that Convention Parties shall cooperate to ensure uniform regulations across the region.[36]
28	Declares that no protocol or rule entered into the Convention will violate human rights or the sovereignty of the parties.[37]
29	Establishes a date for when the Convention agreement will be open for signature from the parties involved.[38]
30	Establishes the means by which protocols will be established, amended, and ratified by the Convention.[39]
31	Establishes the means of Accession and development for party members of the Convention.[40]
32	Establishes a date that the Conventions agreements will enter into force.[41]
33	Establishes the means by wish parties can withdrawal form the Convention.[42]
34	Defines the responsibilities and duties of the party who will act as Depository for the Convention.[43]

References

1. UNEP 2012.
2. "Nairobi Convention : The Convention". www.unep.org. Retrieved 2015-12-10.
3. "A/RES/27/2997 - Institutional and financial arrangements for international environmental cooperation - UN Documents: Gathering a body of global agreements". www.un-documents.net. Retrieved 2015-12-11.
4. "Convention for the Protection, Management and Development of the Marine and coastal Environment of the Eastern African Region and Related Protocols" (PDF). United Nations. June 21, 1985. Retrieved December 10, 2015.
5. "Nairobi Convention : Nairobi Convention Text". www.unep.org. Retrieved 2015-12-10.
6. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-10.
7. "Nairobi Convention : The Convention". www.unep.org. Retrieved 2015-12-11.
8. "Nairobi International Convention on the Removal of Wrecks". www.imo.org. Retrieved 2015-12-11.
9. "SAP Action Programme" (PDF). UNEP. UN. 2009. Retrieved December 11, 2015.
10. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
11. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
12. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
13. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
14. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
15. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
16. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
17. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
18. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
19. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
20. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
21. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
22. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
23. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
24. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
25. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
26. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
27. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
28. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
29. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
30. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
31. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
32. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
33. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
34. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
35. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
36. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
37. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
38. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
39. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
40. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
41. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
42. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.
43. "Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean". www.unep.org. Retrieved 2015-12-11.

External links

• Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, Treaty available in ECOLEX-the gateway to environmental law (English)