African Convention for the Conservation of Nature and Natural Resources (15 Sept 1968) in United States

African Convention for the Conservation of Nature and Natural Resources (15 Sept 1968)

AFRICAN CONVENTION
ON THE CONSERVATION OF NATURE AND NATURAL RESOURCES
(15 Sept 1968)

Entry into Force: 16 June 1969

Preamble

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 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 purposes of the present Convention, the meaning of the following
expressions shall be as defined below:

1. “Natural Resources” means renewable resources, that is soil, water,
flora and fauna.

2. “Specimen” means an individual example of a species of wild animal or
wild plant or part of a wild plant.
3. “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.

4. “Conservation area” means any protected natural resource area, whether
it be a strict natural reserve, a national park or a special reserve;

a) “strict nature reserve” means an area:

1) under State control and the boundaries of which may not be
altered nor any portion alienated except by the competent
legislative authority,

2) throughout which any form of hunting or fishing, any
undertaking connected with forestry, agriculture or mining,
any grazing, any excavation or prospecting, drilling,
levelling of the ground or construction, any work tending to
alter the configuration of the soil or the character of the
vegetation, any water pollution and, generally, any act
likely to harm or disturb the fauna or flora, including
introduction of zoological or botanical species, whether
indigenous or imported, wild or domesticated, are strictly
forbidden.

3) where it shall be forbidden to reside, enter, traverse or
camp, and where it shall be forbidden to fly over at low
altitude, without a special written permit from the competent
authority, and in which scientific investigations (including
removal of animals and plants in order to maintain an
ecosystem) may only be undertaken by permission of the
competent authority;

b) “national park” means an area:

1) under State control and the boundaries of which may not be
altered or any portion alienated except by the competent
legislative authority,

2) exclusively set aside for the propagation, protection,
conservation and management of vegetation and wild animals as
well as for the protection of sites, land-scapes or
geological formations of particular scientific or aesthetic
value, for the benefit and enjoyment of the general public,
and

3) in which the killing, hunting and capture of animals and the
destruction or collection of plants are prohibited except for
scientific and management purposes and on the condition that
such measures are taken under the direction or control of the
competent authority;

4) covering any aquatic environment to which all of the
provisions of section (b) (1-3) above are applicable.

The activities prohibited in “strict nature reserve” under the provisions
of section (a) (2) of paragraph (4) of this article are equally
prohibited in national parks except in so far as they are necessary to
enable the park authorities to implement the provisions of section (2) of
this paragraph, by applying, for example, appropriate management
practices, and to enable the public to visit these parks; however, sport
fishing may be practised with the authorization and under the control of
the competent authority;

c) “special reserve” means other protected areas such as:

1) “game reserve” which shall denote an area

a) set aside for the conservation, management and propagation of
wild animal life and the protection and management of its
habitat,

b) within which the hunting, killing or capture of fauna shall
be prohibited except by or under the direction or control of the
reserve authorities,

c) where settlement and other human activities shall be
controlled or prohibited;

2) “partial reserve” or “sanctuary” which shall denote an area

a) set aside to protect characteristic wildlife and especially
bird communities, or to protect particularly threatened animal
or plant species and especially those listed in the Annex to
this Convention, together with the biotopes essential for their
survival,

b) in which all other interests and activities shall be
subordinated to this end;

3) “soil”, “water” or “forest” reserve shall denote areas set
aside to protect such resources.

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 and land-use
capability;

b) they shall, when implementing agricultural practices and
agrarian reforms,

1) improve soil conservation and introduce improved
farming methods, which ensure long-term productivity of
the land,
2) control erosion caused by various forms of land-use
which may lead to loss of vegetation cover.

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:

1) the study of water cycles and the investigation of each
catchment area,

2) the co-ordination and planning of water resources development
projects,

3) the administration and control of all water utilization, and

4) prevention and control of water pollution.

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:

a) adopt scientifically-based conservation, utilization and
management plans of forests and’ rangeland, taking into account
the social and economic needs of the States concerned, the
importance of the vegetation cover for the maintenance of the
water balance of an area, the productivity of soils and the
habitat requirements of the fauna;

b) observe section (a) above by paying particular attention to
controlling bush fires, forest exploitation, land clearing for
cultivation, and over-grazing by domestic and wild animals;

c) set aside areas for forest reserves and carry out afforestation
programmes where necessary;

d) limitation of forest grazing to season and intensities that will
not prevent forest regeneration; and

e) establish botanical gardens to perpetuate plant species of
particular interest.

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:

a) manage wildlife populations inside designated areas according to
the objectives of such areas and also manage exploitable
wildlife populations outside such areas for an optimum sustained
yield, compatible with and complementary to other land uses; and

b) manage aquatic environments, whether in fresh, brackish or
coastal water, with a view to minimising deleterious effects of
any water and land use practice which might adversely affect
aquatic habitats.

2. The Contracting States shall adopt adequate legislation on hunting,
capture and fishing, under which:

a) the issue of permits is properly regulated;

b) unauthorized methods are prohibited;

c) the following methods of hunting, capture and fishing are
prohibited:

1) any method liable to cause a mass destruction of wild
animals,
2) the use of drugs, poisons, poisoned weapons or poisoned
baits,
3) the use of explosives;
4) the following methods of hunting and capture are particularly
prohibited:
1. the use of mechanically propelled vehicles;
2. the use of fire;
3. the use of fire arms capable of firing more than one
round at each pull of the trigger;
4. hunting or capture at night;
5. the use of missiles containing detonators;

d) the following methods of hunting or capture are as far as
possible prohibited:

1) the use of nets and stockades,
2) the use of concealed traps, pits, snares, set-gun traps,
deadfalls, and hunting from a blind or hide;

e) with a view to as rational use as possible of game meat, the
abandonment by hunters of carcasses of animals, which represent
a food resource, is prohibited.

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:

1) species in Class A shall be totally protected throughout the
entire territory of the Contracting States; the hunting,
killing, capture or collection of specimens shall be permitted
only on the authorization in each case of the highest competent
authority and only if required in the national interest or for
scientific purposes; and

2) species in Class B shall be totally protected, but may be
hunted, killed, captured or collected under special
authorization granted by the competent authority.

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:

a) regulate trade in and transport of specimens and trophies;

b) control the application of these regulations in such a way as to
prevent trade in specimens and trophies which have been
illegally captured or killed or obtained.

2. In the case of plant and animal species to which Article VIII
paragraph (1) applies, the Contracting States shall:

a) take all measures similar to those in paragraph (1);

b) make the export of such specimens and trophies subject to an
authorization-

1) additional to that required for their capture, killing or
collection by Article VIII,
2) which indicates their destination,
3) which shall not be given unless the specimens or trophies
have been obtained legally,
4) which shall be examined prior to exportation,
5) which shall be on a standard form, as may be arranged under
Article XVI;

c) make the import and transit of such specimens and trophies
subject to the presentation of the authorization required under
section (b) above with due provision for the confiscation of
specimens and trophies exported illegally, without prejudice to
the application of other penalties.

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:

1) protect those ecosystems which are most representative of and
particularly those which are in any respect peculiar to their
territories,

2) ensure the conservation of all species and more particularly of
those listed or which may be listed in the annex to this
Convention;

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. a) The Contracting States shall ensure that their peoples
appreciate their close dependence on natural resources and that
they understand the need, and rules for, the rational
utilization of these resources.

b) For this purpose they shall ensure that the principles indicated
in paragraph (1):

1) are included in educational programmes at all levels,

2) form the object of information campaigns capable of
acquainting the public with, and winning it over to, the idea of
conservation.

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 the
Convention, but, where this is not possible a co-ordinating machinery
shall be established for this purpose.

Article XVI. INTERSTATE CO-OPERATION

1. The Contracting States shall co-operate:

a) whenever such co-operation is necessary to give effect to the
provisions of this Convention and

b) whenever any national measure is likely to affect the natural
resources of any other State.

2. The Contracting States shall supply the Organization of African Unity
with:

a) the text of laws, decrees, regulations and instructions in force
in their territories, which are intended to ensure the
implementation of this Convention,

b) reports on the results achieved in applying the provisions of
this Convention, and

c) all the information necessary for the complete documentation of
matters dealt with by this Convention if requested.

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.

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:

1) the paramount interest of the State,

2) “force majeure”,

3) defence of human life.

2. The provisions of this Convention shall not prevent Contracting
States:

1) in time of famine.

2) for the protection of public health,

3) in defence of property,

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. The 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.

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 provisions of section 3 of Article XVI of this Convention.

3. (i) At the request of one or more Contracting States and
notwithstanding the provisions of paragraph (1) and (2) of this Article,
the annex to this Convention may be revised or added to by the
appropriate organ of the Organization of African Unity.

(ii) Such revision or addition shall come into force three months
after the approval by the appropriate organ of the Organization of
African Unity.

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 15 September 1968, have
signed this Convention.