An Introduction to the African Union Environmental Treaties

Namira Negm, Ph.D. (2006) is the Director of the African Migration Observatory and former African Union Legal Counsel and Egyptian Ambassador to Rwanda. She is a seasoned diplomat with academic background. She has published numerous articles and books, including Transfer of Nuclear Technology under International Law (Brill, 2009)

Acknowledgements


Acronyms


Introduction


1 The 1967 Phyto-Sanitary Convention for Africa


2 African Convention on the Conservation of Nature and Natural Resources (1968)

 1 Historical Background


 2 Basic Features of the Algiers Convention


 3 Enforcement Mechanisms


 4 Settlement of Disputes


 5 Gaps in the Algiers Convention




3 The Revised African Convention on the Conservation of Nature and Natural Resources (2003)

 1 Objective, Scope, and Guiding Principles of the Revised Convention


 2 Basic Features of the Revised Convention


 3 Enforcement and Monitoring Mechanism


 4 Settlement of Disputes


 5 Gaps in the Revised Convention




4 The African Charter on Human and Peoples’ Rights (achpr) (1963)

 1 The Application


 2 Examination of Jurisdiction and Admissibility


 3 Admissibility


 4 Examination and Merits regarding the Allegations of Violation of Article 24 of the Charter


 5 Holding


 6 Dismissed Cases before the achpr




5 The Convention for the Establishment of the African Centre for Fertilizer Development (1981)

 1 Gaps




6 The Bamako Convention on the Ban of the Import into Africa and the Control of Trans-boundary movement and Management of Hazardous Wastes within Africa (1991)

 1 Historical Background


 2 General Status


 3 Basic Features of the Bamako Convention

 3.1 Import Ban of Hazardous Wastes (Article 4(1))


 3.2 Ban on Dumping of Hazardous Wastes at Sea, Internal Waters and Waterways (Article 4(2))


 3.3 Measures regarding Waste Generation and Management in Africa (Article 4(3a-e))


 3.4 Adoption of Precautionary Measures to Prevent Pollution and Promote Clean Production Methods (Article 4(3f-h))


 3.5 Prohibitions and Measures regarding Transport and Trans-boundary Movement of Hazardous Wastes (Article 4(3-i))


 3.6 Obligation regarding the Manner of Trans-boundary Movement of Hazardous Wastes




 4 Notifications

 4.1 Illegal Trafficking of Hazardous Wastes


 4.2 Liability




 5 Enforcement and Monitoring Mechanisms

 5.1 Obligation to Establish or Designate a Competent Authority as a Focal Point and Dump Watch (Article 5)


 5.2 Intra-Africa Cooperation (Article 10)


 5.3 Transmission of Information (Article 13)


 5.4 Conference of the States Parties (Article 15)


 5.5 Settlement of Disputes (Article 20)




 6 Criticisms against the Bamako Convention




7 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) (2003)


8 The Revised African Maritime Transport Charter (2010)


9 The African Charter on the Rights and Welfare of the Child (1990)


10 The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (2009) (Kampala Convention)


11 The African Nuclear-Weapon-Free Zone Treaty (Pelindaba Treaty) (1996)


12 Protocol Relating to the Establishment of the Peace and Security Council of the African Union (psc) (2002)


13 The Road Safety Charter (2016)


14 The African Charter on Maritime Security and Safety and Development in Africa (Lome Charter) (2016)

 1 Basic Features of the Lomé Charter


 2 Enforcement and Follow-up Mechanisms


 3 Advantages


 4 Criticism




15 The Agreement for the Establishment of the African Risk Capacity (arc) Agency (2012)

 1 Other Driving Forces and the Establishment of the arc


 2 Basic Features of the Agreement


 3 Status




16 The African Charter on the Values and Principles of Decentralization, Local Governance, and Local Development (2014)


17 The African Youth Charter (2006)


18 The African Charter on Democracy, Elections, and Governance (2007)


19 The African Union Convention on Cross-Border Cooperation (Niamey Convention) (2014)


20 The Statute of the African Space Agency (2018)


21 The Statute of the African Institute for Remittances (air) (2018)


22 The Regulatory and Institutional Texts for the Implementation of the Yamoussoukro Decision and Framework towards the Establishment of a Single African air Transport Market (Yamoussoukro Decision) (2017)


23 The Statute of the African Observatory for Science, Technology, and Innovation (aosti) (2016)

 1 Evolution


 2 Status and Structure of aosti


 3 Objectives of the aosti


 4 Functions of aosti




24 The Statute of the African Minerals and Development Centre (amdc) (2016)


25 The Statute of the Pan-African Intellectual Property Organization (paipo) (2007)


26 The Agreement Establishing the African Continental Free Trade Area (2018)

 1 Advantages




27 Conclusion and Way Forward


Appendix Compilation of African Union Environmental Law Treaties


Bibliography


Index