African Convention on the Conservation of Nature and Natural Resources (1968) [*]
Done at: Algiers
Date enacted: 1968-09-15
In force: 1969-06-16
We the Heads of State and Government of Independent African States,
Fully Conscious that soil, water, flora and faunal resources constitute a capital of vital importance to mankind;
Confirming, as we accepted upon declaring our adherence to the Charter of the Organization of African Unity, that we know that it is our duty “to harness the natural and human resources of our continent for the total advancement of our peoples in spheres of human endeavour”;
Fully Conscious of the ever-growing importance of natural resources from an economic, nutritional, scientific, educational, cultural and aesthetic point of view;
Conscious of the dangers which threaten some of these irreplaceable assets;
Accepting that the utilization of the natural resources must aim at satisfying the needs of man according to the carrying capacity of the environment;
Desirous of undertaking individual and joint action for the conservation, utilization and development of these assets by establishing and maintaining their rational utilization for the present and future welfare of mankind;
Convinced that one of the most appropriate means of achieving this end is to bring into force a convention;
Have agreed as follows:
Article I
The contracting States hereby establish an African Convention on the Conservation of Nature and Natural Resources.
Article II
Fundamental principle
The contracting States shall undertake to adopt the measures necessary to ensure conservation, utilization and development of soil, water, flora and faunal resources in accordance with scientific principles and with due regard to the best interests of the people.
Article III
Definitions
For the purposes of the present Convention, the meaning of the following expressions shall be as defined below:
a. |
“Natural Resources” means renewable resources, that is soil, water, flora and fauna; |
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b. |
“Specimen” means an individual example of a species of wild animal or wild plant or part of a wild plant; |
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c. |
“Trophy” means any dead animal specimen or part thereof whether included in a manufactured or processed object or otherwise dealt with, unless it has lost its original identity; also nests, eggs and eggshells; |
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d. |
“Conservation area” means any protected natural resource area, whether it be a strict natural reserve, a national park or a special reserve.
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Article IV
Soil
The contracting States shall take effective measures for conservation and improvement of the soil and shall in particular combat erosion and misuse of the soil. To this end:
a. |
they shall establish land-use plans based on scientific investigations (ecological, pedological, economic, and sociological) and, in particular, classification of land-use capability; |
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b. |
they shall, when implementing agricultural practices and agrarian reforms,
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Article V
Water
1. |
The contracting States shall establish policies for conservation, utilization and development of underground and surface water, and shall endeavour to guarantee for their populations a sufficient and continuous supply of suitable water, taking appropriate measures with due regard to –
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2. |
Where surface or underground water resources are shared by two or more of the contracting States, the latter shall act in consultation, and if the need arises, set up inter-State Commissions to study and resolve problems arising from the joint use of these resources, and for the joint development and conservation thereof. |
Article VI
Flora
1. |
The contracting States shall take all necessary measures for the protection of flora and to ensure its best utilization and development. To this end the Contracting States shall:
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2. |
The Contracting States also shall undertake the conservation of plant species or communities, which are threatened and/or of special scientific or aesthetic value by ensuring that they are included in conservation areas. |
Article VII
Faunal resources
1. |
The Contracting States shall ensure conservation, wise use and development of faunal resources and their environment, within the framework of land-use planning and of economic and social development. Management shall be carried out in accordance with plans based on scientific principles, and to that end the Contracting States shall:
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2. |
The Contracting States shall adopt adequate legislation on hunting, capture and fishing, under which:
Capture of animals with the aid of drugs or mechanically-propelled vehicles, or hunting or capture by night if carried out by, or under the control of, the competent authority shall nevertheless be exempted from the prohibitions under (c) above. |
Article VIII
Protected species
1. |
The Contracting States recognize that it is important and urgent to accord a special protection to those animal and plant species that are threatened with extinction, or which may become so, and to the habitat necessary to their survival. Where such a species is represented only in the territory of one Contracting State, that State has a particular responsibility for its protection. These species which are, or may be listed, according to the degree of protection that shall be given to them are placed in Class A or B of the Annex to this Convention, and shall be protected by Contracting States as follows:
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2. |
The competent authority of each Contracting State shall examine the necessity of applying the provisions of this article to species not listed in the annex, in order to conserve the indigenous flora and fauna of their respective countries. Such additional species shall be placed in Class A or B by the State concerned, according to its specific requirements. |
Article IX
Traffic in specimens and trophies
1. |
In the case of animal species to which Article VIII does not apply the Contracting States shall:
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2. |
In the case of plant and animal species to which Article VIII paragraph (1) applies, the Contracting States shall:
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Article X
Conservation areas
1. |
The Contracting States shall maintain and extend where appropriate, within their territory and where applicable in their territorial waters, the Conservation areas existing at the time of entry into force of the present convention and, preferably within the framework of land use planning programmes, assess the necessity of establishing additional conservation areas in order to:
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2. |
The Contracting States shall establish, where necessary, around the borders of conservation areas, zones within which the competent authorities shall control activities detrimental to the protected natural resources. |
Article XI
Customary rights
The Contracting States shall take all necessary legislative measures to reconcile customary rights with the provisions of this Convention.
Article XII
Research
The Contracting States shall encourage and promote research in conservation, utilization and management of natural resources and shall pay particular attention to ecological and sociological factors.
Article XIII
Conservation education
1. |
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2. |
In order to put into effect paragraph (l) above, the Contracting States shall make maximum use of the educational value of conservation areas. |
Article XIV
Development plans
1. |
The Contracting States shall ensure that conservation and management of natural resources are treated as an integral part of national and/or regional development plans. |
2. |
In the formulation of all development plans, full consideration shall be given to ecological, as well as to economic and social factors. |
3. |
Where any development plan is likely to affect the natural resources of another State, the latter shall be consulted. |
Article XV
Organization of National Conservation Services
Each Contracting State shall establish, if it has not already done so, a single agency empowered to deal with all matters covered by this Convention, but, where this is not possible a co-ordinating machinery shall be established for this purpose.
Article XVI
Inter-State co-operation
1. |
The Contracting States shall co-operate:
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2. |
The Contracting States shall supply the Organization of African Unity with:
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3. |
If so requested by Contracting States, the Organization of African Unity shall organize any meeting which may be necessary to dispose of any matters covered by this Convention. Requests for such meetings must be made by at least three of the Contracting States and be approved by two thirds of the States which it is proposed should participate in such meetings. |
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4. |
Any expenditure arising from this Convention, which devolves upon the Organization of African Unity shall be included in its regular budget, unless shared by the Contracting States or otherwise defrayed. |
Article XVII
Provision for exceptions
1. |
The provisions of this Convention shall not affect the responsibilities of Contracting States concerning:
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2. |
The provisions of this Convention shall not prevent Contracting States:
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to enact measures contrary to the provisions of the Convention, provided their application is precisely defined in respect of aim, time and place.
Article XVIII
Settlement of disputes
Any dispute between the Contracting States relating to the interpretation or application of this Convention which cannot be settled by negotiation, shall at the request of any party be submitted to the Commission of Mediation, Conciliation and Arbitration of the Organization of African Unity.
Article XIX
Signature and ratification
1. |
This Convention shall be open for signature immediately after being approved by the Assembly of Heads of State and Government of the Organization of African Unity. |
2. |
This Convention shall be ratified by each of the Contracting States. The instruments of ratification shall be deposited with the Administrative Secretary General of the Organization of African Unity. |
Article XX
Reservations
1. |
At the time of signature, ratification or accession, any State may declare its acceptance of this Convention in part only, provided that such reservation may not apply to the provisions of Articles II – XI. |
2. |
Reservations made in conformity with the preceding paragraph shall be deposited together with the instruments of ratification or accession. |
3. |
Any Contracting State which has formulated a reservation in conformity with the preceding paragraph may at any time withdraw it by notifying the Administrative Secretary General of the Organization of African Unity. |
Article XXI
Entry into force
1. |
This Convention shall come into force on the thirtieth day following the date of deposit of the fourth instrument of ratification or accession with the Administrative Secretary General of the Organization of African Unity, who shall inform participating States accordingly. |
2. |
In the case of a State ratifying or acceding to the Convention after the depositing of the fourth instrument of ratification or accession, the Convention shall come into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession. |
3. |
The London Convention of 1933 or any other Convention on the conservation of flora and fauna in their natural state shall cease to have effect in States in which this Convention has come into force. |
Article XXII
Accession
1. |
After the date of approval specified in Article XIX paragraph (1), this Convention shall be open to accession by any independent and sovereign African State. |
2. |
The instruments of accession shall be deposited with the Administrative Secretary General of the Organization of African Unity. |
Article XXIII
Denunciation
1. |
Any Contracting State may denounce this Convention by notification in writing addressed to the Administrative Secretary General of the Organization of African Unity. |
2. |
Such denunciation shall take effect, for such a State, one year after the date of receipt of its notification by the Administrative Secretary General of the Organization of African Unity. |
3. |
No denunciation shall, however, be made before the expiry of a period of five years from the date at which for the State concerned this Convention comes into force. |
Article XXIV
Revision
1. |
After the expiry of a period of five years from the date of entry into force of this Convention, any Contracting State may at any time make a request for the revision of part or the whole of this Convention by notification in writing addressed to the Administrative Secretary General of the Organization of African Unity. |
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2. |
In the event of such a request the appropriate organ of the Organization of African Unity shall deal with the matter in accordance with the provision of sections 3 and 4 of Article XVI of this Convention. |
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3. |
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Article XXV
Final provisions
The original of this Convention of which both the English and the French texts are authentic, shall be deposited with the Administrative Secretary General of the Organization of African Unity.
In witness whereof we the Heads of State and Government of independent African States, assembled at Algiers, Algeria on 15th September 1968 have signed this Convention.
Annex
List of protected species
Class A
[Omitted]
Class B
[Omitted]
[*] |
A revised version of the Convention was adopted 2003-07-11, not in force. |