Convention for the Establishment of the Lake Victoria Fisheries Organization in United States

Convention for the Establishment of the Lake Victoria Fisheries Organization

Done at Kisumu, Kenya June 30, 1994

[annex to the Final act]
CONVENTION FOR THE ESTABLISHMENT OF THE LAKE VICTORIA FISHERIES ORGANIZATION

PREAMBLE

The Governments of the Republic of Kenya, the Republic of Uganda and the
United Republic of Tanzania, hereinafter referred to as the “Contracting
Parties”,

Recognizing and acknowledging the efforts already made by the three riparian
States of Lake Victoria to strengthen regional cooperation in the spirit of the
Agreement for the Establishment of a Permanent Tripartite Commission for
cooperation among them signed in Arusha on 30 November 1993;

Recognizing that, as the riparian States of Lake Victoria, they share an
interest in the well-being of the lake and its living resources, and in the
rational management and sustainability of those living resources for the benefit
of present and future generations;

Recognizing that the quantity and value of landings from Lake Victoria
fisheries have increased substantially during the past decade, and that there is
a need to ensure the sustainability of yields;

Recognizing that introduced fish species, for example the Nile tilapia and the
Nile perch, now dominate commercial catches and that some indigenous fish
species have substantially declined, affecting the biodiversity of the Lake;

Recognizing the likelihood that management decisions relating to any
portion of Lake Victoria within the territorial limits of any one of the
Contracting Parties will affect those portions of Lake Victoria lying within the
territorial limits of the other Contracting Parties, and the concomitant
necessity that management decisions be made taking such effects into account;

Recognizing the continuing need to increase scientific understanding of Lake
Victoria, its living resources, its ecosystem, and the impact on those resources
of climate, human populations and settlement, non-indigenous wildlife and
industrialization;

Being aware of the dangers of over-fishing and of other threats such as water
hyacinth, pollution, eutrophication and climatic changes to the sustainability
of yields;

Appreciating past efforts of nationals and institutions of each of the three
Contracting Parties in partnership with international organizations and foreign
governments in fostering a better understanding of Lake Victoria and its living
resources and in clarifying the choices that need to be made respecting the Lake
and its living resources in the future;

Being convinced that joint action by the Contracting Parties is essential, in
order to develop uniform management measures to the extent appropriate, to be
implemented by national laws and regulations, as well as to develop adequate
scientific bases for such measures;

Being committed to continued cooperation with respect to the sustainable
utilization of Lake Victoria, its resources generally, and its living resources
in particular;

Have agreed as follows:

ARTICLE I
Definitions

“Executive Secretary” means the chief executive and legal representative of the
Organization;

“Committee” means a committee established in accordance with Articles VIII.1 and
VI.1(k).

“Chief Executive Officer” means the Principal Secretary or the Permanent
Secretary, as the case may be,

Words importing the masculine gender include the feminine gender.

ARTICLE II
Establishment, objectives, functions and responsibilities

1. The Contracting Parties hereby establish the Lake Victoria Fisheries
Organization (hereinafter referred to as “the Organization”).

2. The objectives of the Organization shall be to foster cooperation among the
Contracting Parties, harmonize national measures for the sustainable utilization
of the living resources of the Lake and to develop and adopt conservation and
management measures.

3. To achieve these objectives, the Organization shall have the function and
responsibility to:

a) promote the proper management and optimum utilization of the fisheries and
other resources of the Lake;

b) enhance capacity building of existing institutions and develop additional
institutions dedicated to, or likely to contribute to, the purposes of this
Convention in cooperation with existing institutions established in or by the
Contracting Parties and with such international, regional or nongovernmental
organizations as may be appropriate;

c) provide a forum for discussion of the impacts of initiatives dealing with the
environment and water quality in the Lake basin and maintain a strong liaison
with the existing bodies and programs;

d) provide for the conduct of research concerning the waters of Lake Victoria,
including without limitation the quality of such waters, in particular with
respect to supporting the living resources of the Lake and the nature, extent
and pathways of its pollution and other forms of environmental degradation;
e) encourage, recommend, coordinate and, as appropriate, undertake training and
extension activities in all aspects of fisheries;

f) consider and advise on the effects of the direct or indirect introduction of
any non-indigenous aquatic animals or plants into the waters of Lake Victoria or
its tributaries and to adopt measures regarding the introduction, monitoring,
control or elimination of any such animals or plants;

g) serve as a clearing-house and data bank for information on Lake Victoria
fisheries and promote the dissemination of information, without prejudice to
industrial property rights, by any appropriate form of publication;

h) in respect of any or all of the foregoing, adopt budgets, seek funding,
formulate plans for financial management and allocate funds to activities of the
Organization, or to such activities of the Contracting Parties as it may
determine to be in furtherance of the purposes of this Convention;

i) undertake such other functions as it may determine to be necessary or
desirable in order to achieve the purposes of this Convention.

ARTICLE III
Seat

1. The seat of the Organization shall be in the Republic of Uganda. The Host
State undertakes to accord, in respect of the Organization, its staff and its
property, the privileges, immunities and facilities set out in the Annex to this
Convention.

2. The Council of Ministers may authorize the establishment of centres of the
Organization in the territory of any of the Contracting Parties and may
authorize the Organization to enter into agreements for this purpose with the
State on whose territory such centres are to be located. Any agreement concluded
with such a host State shall include all the provisions contained in Part A of
the Headquarters Agreement annexed to this Convention.

ARTICLE IV
The organs of the Organization

1. The organs of the Organization are:

a) the Council of Ministers;

b) the Executive Committee;

c) the Fisheries Management Committee, the Scientific Committee, and such other
committees, sub-committees and working groups as may be established;

d) the Permanent Secretariat.

2. The Council of Ministers may set up such committees or other subsidiary
bodies as it may deem necessary for the performance of the functions of the
Organization.

3. The Executive Committee may set up such sub-committees or working groups as
it may deem necessary for the work of the committees or the Executive Committee
itself.

ARTICLE V
The Council of Ministers

1. The supreme body of the Organization shall be the Council of Ministers
consisting of the Ministers responsible for fisheries of the Contracting Parties
or their authorized representatives.

2. Each Contracting Party shall endeavour to ensure that the heads of the
departments responsible for fisheries management, fisheries research,
environment, industry and tourism are represented in its delegation.

3. The Council of Ministers shall elect a Chairman, who shall serve for a
two-year term. The chairmanship of the Council of Ministers shall rotate every
two years among the members of the Council in accordance with the alphabetical
order of the names of the Contracting Parties.

4. The Council of Ministers shall hold a regular session once every two years at
such time and place as it shall determine. The Council of Ministers may hold
special sessions if it so decides or at the request of any Contracting Party.
The Chairman shall inform the Contracting Parties of the date and place of any
session. No session of the Council of Ministers shall take place unless all
three Ministers or their authorized representatives are present.

5. The Council of Ministers shall adopt its own Rules of Procedure. As far as
possible decisions of the Council of Ministers will be taken by consensus. Where
it is not possible to reach consensus the matter will be decided by majority
vote. Each Contracting Party shall have one vote.

ARTICLE VI
Functions of the Council of Ministers

1. The functions of the Council of Ministers shall be:

a) to review reports and recommendations submitted to it by the
Executive Committee concerning the situation of Lake Victoria fisheries and, on
this basis, to determine the policy of the Organization and approve its
programme of work and its budget;

b) to determine the contributions of the Member States as provided for in
Article XIV.1;

c) to establish general standards and guidelines for the management of the
Organization;

d) to review the report on the work of the Organization and the audited accounts
referred to in Article IX.3(a); e) to adopt the Financial Regulations of the Organization;

f) to adopt the Rules governing the appointment of the Executive Secretary and
the Deputy Executive Secretary;

g) to appoint the Executive Secretary of the Organization in accordance with
Article IX.1;

h) to adopt amendments to this Convention in accordance with Article XX.2;

i) to establish centres of the Organization;

j) to approve formal agreements or memoranda of understanding with other
organizations or institutions referred to in Article XVIII.1 and with
governments, including any proposals for agreements to be concluded between the
Organization and the States in which the seat of the Organization or the centres
provided for in sub-paragraph (i) above are situated;

k) to set up, under its supervision, such committees or other subsidiary bodies
as it may deem appropriate for the performance of the functions of the
Organization;

l) to establish posts and determine the conditions of employment of the staff
and adopt or amend the Staff Regulations of the Organization;

m) to adopt management and conservation measures, and to take such decisions as
it may deem appropriate for the conservation and management of Lake Victoria’s
fisheries;

n) to perform such other functions as have been entrusted to it by this
Convention or as may be appropriate to achieve the Organization’s objectives.

2. The Council of Ministers may, within the limits determined by it, delegate
any matter falling within its functions to the Executive Committee with the
exception, however, of the functions specified in subparagraphs a), b), g) and
h) of paragraph 1 above.

ARTICLE VII
The Executive Committee

1. The Executive Committee shall consist of six members who shall be the heads
of the departments responsible for fisheries management and the heads of the
departments responsible for fisheries research in each of the three Contracting
Parties, or their authorized representatives.

2. No session of the Executive Committee shall take place unless all of the
Contracting Parties are represented.

3. At its first regular session, the Executive Committee shall select a Chairman
from among the heads of the departments responsible for fisheries management. He
shall hold office until the next regular session and thereafter the chairmanship
of the Executive Committee shall rotate among the heads of the departments
responsible for fisheries management in accordance with the alphabetical orderof the names of the Contracting Parties. The Executive Committee shall adopt its
own Rules of Procedure.

4. The Executive Committee shall hold one regular annual session and such other
special sessions as it may determine. A special session shall be called upon
request by any two Contracting Parties. The Executive Secretary of the
Organization shall inform the Contracting Parties of the date and place of any
session.

5. All decisions and recommendations of the Executive Committee shall be adopted
by consensus. The Council of Ministers may establish rules whereby the Executive
Committee may be consulted by correspondence or any rapid means of written
communication, if matters of exceptional urgency requiring action by the
Executive Committee arise between two of its sessions.

6. The Executive Committee shall:

a) review the activities of the Organization;

b) make recommendations to the Council of Ministers on any matter relevant to
the functions of the Council;

c) give guidance to the Executive Secretary on the implementation of policy and
decisions taken by the Council of Ministers;

d) establish such sub-committees or working groups as it may deem appropriate in
accordance with Article IV.3;

e) carry out any other functions entrusted to it by this Convention, or
delegated to it by the Council of Ministers pursuant to Article VI.2.

7. At each session the Executive Committee shall adopt a report, which shall be
submitted to the Council of Ministers at its next session.

ARTICLE VIII
The committees, sub-committees and working groups

1. There shall be a Fisheries Management Committee and a Scientific Committee,
whose functions shall be to advise the Executive Committee on matters within
their areas of competence.

2. The Fisheries Management Committee shall be constituted by the heads
of the departments responsible for fisheries management of the three Contracting
Parties or their authorized representatives.

3. The Scientific Committee shall be constituted by the heads of the departments
responsible for fisheries research of the three Contracting Parties or their
authorized representatives.

4. The Executive Committee shall determine from time to time the number and
qualifications of other persons who may be members of the Fisheries Management
and Scientific Committees.
5. The functions of the Fisheries Management Committee will be to:

a) review stock assessment, monitoring, harvest and enforcement data received
and compiled by the Secretariat;

b) identify emerging problems in fisheries in terms for example of species,
populations, over-harvest, primary production, habitat concerns and general
ecosystem health, with a view to ensuring their long term sustainability;

c) develop objectives for constituent fish communities;

d) consider effects of proposed or accidental introductions and means for their
management, control or eradication;

e) develop partnerships among the Contracting Parties of the Organization, their
agencies and local communities;

f) ensure the conservation of indigenous species, including the use of refuge
areas and sanctuary lakes;

g) develop management policies based on the biological, economic, social and
environmental needs;

h) recommend measures for the management and conservation of the living
resources of the Lake.

6. The functions of the Scientific Committee will be to:

a) identify requirements for applied and innovative research pertinent to the
management of the living resources of Lake Victoria, including without
limitation, the fields of fisheries biology, limnology, hydrology, botany,
statistics, human and veterinary medicine, water pollution, toxicology and
socio-economics;

b) develop and recommend to the Executive Committee research projects on Lake
Victoria, to be carried out by agencies of the Contracting Parties,
universities, regional and international organizations;

c) review the results of research programmes carried out on Lake Victoria;

d) develop and recommend common, harmonized and standardized data collection and
statistical methods for biological, social, economic and environmental data,
including the cross-calibration of scientific instruments and provide close
supervision of their collection and compilation;

e) ensure members of the scientific community, the fishing industry and
the public, likely to have an interest in a particular project under
consideration, are made aware of the deliberations of the Scientific Committee
and are given an opportunity to comment upon it.

7. Each committee shall have its own Rules of Procedure. These Rules of
Procedure shall be adopted by the Executive Committee. The committees shall meet
as and when the Executive Committee shall determine. The Chairmanship of the
committees will rotate among the heads of the departments responsible for
fisheries management and for fisheries research of the Contracting Parties
respectively in alphabetical order of the names of the countries.

8. Except as otherwise provided by their own Rules of Procedure, decisions of
the committees shall be taken by consensus.

9. The Fisheries Management and Scientific Committees may propose to the
Executive Committee the establishment of such sub-committees or working groups
as they consider necessary in accordance with Article IV.3 and VII.6(d).

10. After any meeting, the committees, sub-committees and working groups shall
submit a report on their work to the Executive Committee. The report shall
contain such recommendations as these bodies deem appropriate.

ARTICLE IX
The Permanent Secretariat

1. The Organization shall have a Permanent Secretariat headed by an Executive
Secretary who shall be appointed by the Council of Ministers for a period of
five years on such conditions as it may determine. The mandate of the Executive
Secretary will be renewable once. The position of the Executive Secretary shall
be subject to rotation among the three countries.

2. The Executive Secretary shall be the chief executive and legal representative
of the Organization. He shall direct the work of the Organization in accordance
with the policy and decisions adopted by the Council of Ministers and under the
guidance of the Executive Committee.

3. The Executive Secretary shall, through the Executive Committee, submit to the
Council of Ministers at each regular session:

a) a report on the work of the Organization, as well as the audited accounts;
and

b) a draft programme of work and a draft budget of the Organization.

4. The Executive Secretary shall organize the sessions of the Council of
Ministers and the Executive Committee, and meetings of all other bodies of the
Organization. He shall provide the secretariat for such sessions and meetings
and shall participate in them.

5. The Executive Secretary shall be assisted by a Deputy Executive Secretary
appointed by the Council of Ministers. The mandate of the Deputy Executive
Secretary shall be of five years, renewable once. The Deputy Executive Secretary
shall be of a nationality different from that of the Executive Secretary.

6. If and for so long as the Executive Secretary is prevented from
performing his duties, the Deputy Executive Secretary shall have the powers and
duties entrusted to the Executive Secretary under this Convention.

7. The professional staff of the Organization shall be appointed by the
Executive Secretary on the proposal of a Selection Committee. The Selection
Committee will be constituted by the members of the Executive Committee. The
General Service Staff will be recruited and appointed by the Executive
Secretary.

8. All staff members of the Organization shall be appointed in accordance with
the policy, general standards and guidelines laid down by the Council of
Ministers. In appointing the staff of the Organization, the Executive Secretary
shall ensure the highest standards of efficiency, professional competence and
integrity.

9. The staff of the Organization, wherever they may be posted, shall be
responsible to the Executive Secretary. They shall not seek or receive
instructions with regard to the performance of their duties from any authority
external to the Organization.

ARTICLE X
National consultations

1. Each Contracting Party shall establish a National Committee for Lake
Victoria Fisheries, headed by the Chief Executive Officer of the ministry
responsible for fisheries management, or his authorized representative, to serve
as a forum for consultation, coordination and information on activities
concerning Lake Victoria.

2. Each National Committee for Lake Victoria Fisheries shall be composed of, but
not limited to, representatives from:

i) the departments or various institutions responsible for fisheries, scientific
research, environment, agriculture, forestry, water quality, planning industry,
development, tourism and finance;

ii) representatives of the private sector whose activities have an impact upon
or derive benefit from Lake Victoria ecological systems.

ARTICLE XI
Observers

1. States indirectly concerned with the living resources and the quality of the
water resources of Lake Victoria may be granted observer status by the Council
of Ministers. Observer States may participate, without right to vote, in
meetings of all the statutory bodies of the Organization.

2. Any State interested in the activities of the Organization may, upon its
request, be invited to be represented by an observer at sessions of the Council
of Ministers and the Executive Committee. It may submit memoranda and with the
permission of the Chairman, participate without vote in the discussions.

3. The Executive Committee may invite intergovernmental, non-governmental
organizations or any other entity having special competence in the field of the
Organization’s activities to attend such sessions as the Executive Committee may
specify.
ARTICLE XII
National measures

1. The Contracting Parties hereby agree to take all necessary measures including
legislative measures when appropriate, in accordance with their respective
constitutional procedures and national laws to implement the decisions of the
Organization’s Governing bodies.

2. (a) Each Contracting Party shall enforce its national laws and regulations
adopted pursuant to paragraph 1 of this Article:

(i) in respect of its own territory and territorial waters;

(ii) in respect of its own nationals, except where one or both of the other
Contracting Parties asserting jurisdiction described in subparagraph (a) has
already initiated and maintained enforcement action in respect of the same
conduct; and

(iii) in respect of fish landed in its territory;

(b) except to the extent the Council of Ministers may decide otherwise, each
Contracting Party shall remain free to impose such penalties in accordance with
its national laws as it may determine to be necessary to fulfil its obligations.

3. The Contracting Parties hereby agree to adopt, enforce and maintain in effect
laws and regulations prohibiting the introduction of non-indigenous species to
Lake Victoria, other than in accordance with a decision of the Council of
Ministers pursuant to Article VI.1(m).

4. Subject to paragraph 1 of this Article, nothing in this Convention shall be
interpreted as preventing a Contracting Party from exercising fully its
sovereign powers in respect of any of the subject matters of this Convention. In
particular, each Contracting Party shall remain free to adopt national laws and
regulations more stringent or extensive than those required to fulfil its
obligations.

5. Each Contracting Party shall provide the Organization with access to all
laws, regulations and all documents, data and reports, pertaining to fish
landings, stock assessments, living resources of Lake Victoria or any other
matter which is the subject of resource management and utilization, and research
pursuant to Article II.2, subject to reasonable and practical requirements.

6. The Executive Secretary shall, without undue delay, notify the Contracting
Parties of any decision or recommendation adopted by the Council of Ministers or
the Executive Committee.

7. The Executive Secretary shall, upon the direction of the Executive Committee
or upon the request of Observer States or organizations and subject to approval
from the Executive Committee, notify such Observer States or organizations of
decisions or recommendations adopted by the Council of Ministers or the
Executive Committee.
8. Each Contracting Party shall transmit to the Organization an annual statement
of the measures it has taken to implement the decisions of the Council of
Ministers and the Executive Committee. Such statement shall be sent to the
Executive Secretary not later than sixty days before the date of the next
regular session of the Executive Committee.

9. The Organization shall establish an appropriate system to keep under
review the laws, regulations and other measures adopted by the Contracting
Parties for implementation of the decisions taken by the Council of Ministers or
the Executive Committee. It shall report regularly on the matter to the
Contracting Parties and, at each of their sessions, to the Council of Ministers
and the Executive Committee.

ARTICLE XIII
Research access

1. Where a programme of research has been agreed under Article II.3(d), the
Contracting Parties agree to facilitate access, in accordance with their
national laws and regulations, by research teams, including any vessel and all
equipment being used for that purpose, to their national territory and
territorial waters.

2. The Organization shall inform the Contracting Party or Parties in whose
territory or territorial waters any research has been authorised in accordance
with Article II.3(d), of the fact of such authorization.

ARTICLE XIV
Funding

1. The Council of Ministers shall approve the budget of the Organization which
shall be supported in part by revenues received under paragraph 4 below and the
remainder by equal contributions from the Contracting Parties. Each Contracting
Party undertakes to contribute its share of the budget as approved by the
Council of Ministers.

2. The Executive Committee shall submit a draft biennial budget of anticipated
joint expenses to the Contracting Parties for approval by the following session
of the Council of Ministers.

3. Contributions by the Contracting Parties shall be paid in freely convertible
currency into an account or accounts established by the Organization in a
banking institution of good standing.

4. The Organization may receive subventions, donations and legacies from any
suitable body, whether governmental or non-governmental, provided that the terms
of their use are compatible with the objectives of the Organization.

5. The Council of Ministers may determine from time to time procedures governing
the disbursement of funds under the control of the Executive Committee.

6. Unless otherwise determined by the Council of Ministers, funding shall be
provided for the members from each Contracting Party to attend sessions of the
Executive Committee.
7. Members of the committees, sub-committees or working groups established by or
pursuant to Articles VI.1(k) or VII.6(d) shall be entitled to such allowances as
may be determined from time to time by the Council of Ministers in relation to
expenses incurred in their attendance at meetings of their respective
committees, sub-committees or working groups, or otherwise in connection with
the discharge of their responsibilities.

8. The Executive Committee shall submit annual audited accounts to the
Contracting Parties not more than ninety days after the conclusion of the
financial year to which they relate.

ARTICLE XV
Annual Report

The Executive Secretary shall submit annually to the Contracting Parties a
report on the discharge of the Organization’s duties during the preceding year.
The recommendations received by the Executive Committee from the committees,
sub-committees and working groups during such year shall be appended to the
annual report, along with an explanation of its response to each such
recommendation.

ARTICLE XVI
Territorial limits of Contracting Parties

Nothing in this Convention shall be interpreted as affecting the existing
territorial limits of the Contracting Parties, or of their sovereignty in
respect of the portions of Lake Victoria falling within their respective
boundaries.

ARTICLE XVII
Legal status, privileges and immunities

1. The Organization shall be an independent intergovernmental organization
having the capacity of a legal person to perform any legal act that is necessary
or useful for the carrying out of its functions or for the exercise of its
powers under this Convention. Without prejudice to the generality of the
foregoing sentence and, within the limits of Article XIV.4, the Organization
shall have the capacity to contract, acquire and dispose of immovable and
movable property and to be a party to legal proceedings.

2. Each Contracting Party shall grant:

a) to the Organization and its property, funds and assets such privileges,
immunities and facilities as may be appropriate to enable the Organization to
carry out its activities; and

b) to representatives of any State or intergovernmental organization performing
official duties in connection with the work of the Organization, and to the
Executive Secretary, the Deputy Executive Secretary and other staff of the
Organization, such privileges, immunities and facilities as may be necessary to
enable them to perform their official duties.
3. Disputes arising out of any agreement – including terms and conditions of
employment – between the Organization and any natural person or legal entity
which cannot be settled by negotiation or conciliation and in relation to which
the Organization has not waived its immunity from legal process, shall, unless
the parties to the dispute have agreed on some other mode of settlement, be
submitted to arbitration in accordance with rules which shall be established by
the Council of Ministers.

4. In any case where immunity conferred upon a person pursuant to this Article
or to the Annex to this Convention would impede the course of justice and can be
waived without prejudice to the interests of the Organization, such immunity
shall be waived by a Contracting Party in the case of its representative, by the
Council of Ministers or the Executive Committee in the case of the Executive
Secretary and the Deputy Executive Secretary of the Organization, and by the
Executive Secretary in the case of other staff of the Organization.

ARTICLE XVIII
Cooperation with other organizations and institutions

1. The Organization shall cooperate with other intergovernmental organizations
and institutions, especially those active in the sector of fisheries, which
might contribute to the work and further the objectives of the Organization. To
this end, the Executive Secretary, acting under the authority of the Executive
Committee, may establish working relations with such organizations or
institutions and make such arrangements as may be necessary to ensure effective
cooperation. Any formal agreements or memoranda of understanding proposed to be
entered into with such organizations or institutions shall be subject to the
approval of the Council of Ministers.

2. The Organization will continue its working relationship with the Food and
Agriculture Organization of the United Nations (FAO) and promote collaboration
with other United Nations agencies.

ARTICLE XIX
Signature, ratification, accession and entry into force

1. The riparian States of the Lake Victoria may become Parties to this
Convention by:

a) signing this Convention followed by the deposit of an instrument of
ratification; or

b) deposit of an instrument of accession.

2. This Convention shall be open for signature at Kisumu (Kenya) on 1 July 1994
and thereafter at the Headquarters of the Food and Agriculture Organization of
the United Nations in Rome.

3. Instruments of ratification or accession shall be deposited with the
Director-General of FAO.
4. This Convention shall enter into force on the date of the deposit of the
third instrument of ratification or accession.

ARTICLE XX
Amendment

1. Proposals for amendments to this Convention shall be made in writing by a
Contracting Party to the Depositary, who shall notify the proposal to the other
Contracting Parties and to the Executive Secretary of the Organization.

2. No proposal for amendment shall be considered by the Council of Ministers
unless it has been notified by the Depositary to the Contracting Parties at
least ninety days before the opening day of the Council of Ministers’ session at
which it is to be considered.

3. The Executive Secretary shall promptly notify the Depositary of the adoption
of the amendment. Amendments shall be adopted by unanimous vote.

4. An amendment shall take effect thirty days after it has been adopted by the
Council of Ministers.

ARTICLE XXI
Withdrawal and termination

1. The Convention shall remain in force unless two of the Contracting Parties
have withdrawn.

2. A Contracting Party may withdraw from this Convention at any time after the
expiry of two years from the date upon which the Convention entered into force,
by giving written notice of such withdrawal to the Depositary who shall
immediately inform the other Contracting Parties. Withdrawal shall become
effective at the end of the calendar year following that in which the notice of
withdrawal has been received by the Depositary.

ARTICLE XXII
Interpretation and settlement of disputes

Any dispute concerning the interpretation or application of this Convention
which cannot be settled by negotiation, conciliation or similar means, shall be
submitted to arbitration at the request of any Contracting Party. The parties to
the dispute shall appoint one arbitrator each. The two arbitrators so appointed
shall designate by mutual agreement the third arbitrator, who shall be the
President of the Arbitral Tribunal. If one of the parties to the dispute does
not appoint an arbitrator within two months of the appointment of the first
arbitrator, or if the President of the Arbitral Tribunal has not been appointed
within two months of the appointment of the second arbitrator, the Chairman of
the Council of Ministers shall appoint the second arbitrator, or the President
of the Arbitral Tribunal as the case may be. The decision of the Arbitral
Tribunal shall be final.
ARTICLE XXIII
Depositary

1. The Director-General of the Food and Agriculture Organization of the United
Nations shall be the Depositary of this Convention. The Depositary shall:

a) send certified true copies of this Convention to the Contracting Parties and
to any other government which so requests;

b) arrange for the registration of this Convention, upon its entry into force,
with the Secretariat of the United Nations in accordance with Article 102 of the
Charter of the United Nations;

c) inform the Contracting Parties of:

i) the signing of the Convention and the deposit of instruments of ratification
or accession in accordance with Article XIX.1;

ii) the date of entry into force of this Convention in accordance with Article
XIX.4;

iii) proposals for amendments to this Convention and the adoption of amendments,
in accordance with Article XX;

iv) notices of withdrawal from the Organization in accordance with Article
XXI.2; and

v) any other notification received from the Governments of the States
participating in the Convention.

2. The original text of this Convention shall be deposited in the
archives of the Food and Agriculture Organization of the United Nations in Rome.

ARTICLE XXIV
Annex

The Headquarters Agreement which constitutes the Annex to this Convention is
an integral part of the Convention.

Done at Kisumu on 30 June 1994 in a single copy in the English language.

* * * *

Annex to the Convention

DRAFT HEADQUARTERS AGREEMENT

Recognition of the Lake Victoria Fisheries Organization and the granting of
privileges and immunities by the Host State

INTRODUCTION
Pursuant to Article III.1 of this Convention, and without prejudice to
Article XVII.2, the present Annex relates to the additional rights and
obligations of the Host State. It shall apply to the State referred to in Part B
(the State of Uganda) for as long as that State is the Host State.

PART A

GENERAL PROVISIONS

Section 1: Privileges, immunities and facilities accorded to the Lake Victoria
Fisheries Organization

1. Without prejudice to Article XVII.2 of this Convention, the Host State
undertakes to accord the following privileges, immunities and facilities to the
Lake Victoria Fisheries Organization and to its property, funds and assets,
wherever located in that State:

(a) immunity from every form of legal process, except insofar as in any
particular case the Organization has expressly waived immunity;

(b) immunity from search, requisition, confiscation, expropriation and
any other form of interference;

(c) freedom to hold funds or currency of any kind, to operate accounts in any
currency, to transfer funds or foreign currency within the Host State or abroad,
and to convert any foreign currency into any other currency;

(d) freedom from censorship of official correspondence and other official
communications;

(e) exemption from all direct and indirect taxes on the property, income and
official transactions of the Organization, except taxes that are no more than
charges for services rendered;

(f) exemption from customs duties and prohibitions and restrictions on imports
and exports in respect of articles imported or exported by the Organization, or
on publications issued by the Organization, for official purposes.

2. The Host State shall exercise due diligence to ensure that the security and
tranquillity of the premises of the Lake Victoria Fisheries Organization are not
in any way impaired and shall, at the request of the Executive Secretary of the
Organization, provide adequate police protection where necessary.

3. The Lake Victoria Fisheries Organization shall enjoy for its official
communications treatment not less favourable than that accorded to any other
international organization or government, including the diplomatic missions of
such other governments, in the Host State, in the matter of priorities and rates
for mail, cables, telephone and other communications.

Section 2: Privileges, immunities and facilities accorded to official
representatives, the Executive Secretary, the Deputy Executive Secretary and
other staff of the Lake Victoria Fisheries Organization

1. Without prejudice to Article XVII.2 of this Convention, the Host State undertakes to accord the following privileges, immunities and facilities:

(a) to the representatives or delegates of any Member State of the Lake
Victoria Fisheries Organization and of any international organization or
institution with respect to the performance of their official duties in
connection with the work of the Organization:

(i) immunity from personal arrest or detention, except in the case of flagrancy,
and from seizure of their personal baggage and, in respect of words spoken or
written and all acts done by them in their official capacity, immunity from
legal process of any kind;

(ii) inviolability for all papers and documents;

(iii) exemption in respect of themselves and their spouses from immigration
restrictions, alien registration or national service obligations;

(iv) the same facilities in respect of currency or exchange restrictions as are
accorded to representatives of foreign governments on temporary official
missions;

(b) to the Executive Secretary, the Deputy Executive Secretary and
other staff of the Organization:

(i) immunity from legal process in respect of words spoken or written and all
acts done by them in their official capacity;

(ii) exemption from taxation on the salaries and emoluments paid to them by the
Organization;

(iii) immunity, together with their spouses and dependants, from immigration
restrictions and alien registration;

(iv) together with their spouses and dependants, the same repatriation
facilities in time of crisis as officials of comparable rank of diplomatic
missions;

(c) to the Executive Secretary, the Deputy Executive Secretary and professionsal
staff, the right to import free of duty their furniture and effects, including
one car, at the time of first taking up their post in the Organization, as well
as replacements of such furniture and effects, including a car, at such
intervals as may be agreed upon by the Organization and the Government of the
Host State.

2. In addition to the privileges and immunities referred to in paragraph 1, the
Executive Secretary, the Deputy Executive Secretary and other staff of the
Organization, shall be granted the same privileges in respect of exchange
facilities as are accorded to officials of comparable rank of diplomatic
missions.

3. Subject to the application of measures for the maintenance of public health
and security agreed upon between the Host State and the Organization, the Host
State shall impose no impediment on the entry into, sojourn in and departure
from its territory of the representatives of the Member States of the
Organization and of international organizations or institutions referred to in
paragraph 1(a), and their spouses, or of the Executive Secretary, the Deputy
Executive Secretary and other staff of the Organization, and their spouses and
dependants, or of any person visiting the Organization in connection with its
work.

4. Any visa required for any person referred to in paragraph 3 shall be granted
or extended promptly and without charge.

Section 3: Enforcement of the law of the Host State

The Lake Victoria Fisheries Organization shall cooperate with the appropriate
authorities of the Host State to facilitate the proper administration of
justice, secure the observance of police regulations, and prevent the occurrence
of any abuses in connection with the privileges, immunities and facilities
conferred pursuant to Article XVII.2 of this Convention or to the present Annex.
The Organization shall promptly examine requests for a waiver of immunity made
by the Host State.

Section 4: Amendment of this Part

1. Subject to paragraph 2, the present Part A of this Annex may be amended in
the manner set out in Article XX of this Convention.

2. Notwithstanding any other provision of this Convention, including
the present Annex, no amendment to this Part may be adopted unless the Host
State has expressly consented thereto.

PART B

SPECIFIC PROVISIONS CONCERNING THE STATE OF UGANDA

Section 1: Premises of the Lake Victoria Fisheries Organization and related
facilities

1. The seat of the Lake Victoria Fisheries Organization shall be located in ….

2. In fulfilment of its obligations in accordance with Article III.1 of the
Convention, the State of Uganda undertakes to arrange for:

(a) provision to the Organization for its exclusive use appropriately furnished
premises with an area of …. sq. metres adapted to the needs of the
Organization, and including a conference room, a library, eight offices and
other facilities;

(b) assisting the Executive Secretary, the Deputy Executive Secretary and the
international staff of the Organization, to lease upon reasonable terms,
suitable residential accommodation;

(c) responsibility for maintenance costs and provision of electricity and water
needed for the use of the office premises;

(d) provision to the Organization of equipment, fax, telex, telephone and
administrative support facilities;

(e) provision [or funding of posts] to the Organization of five General Service
staff, including two secretaries, one driver and two support staff.

3. The provisions of subparagraphs c, d, e of paragraph 2 above shall be subject
to review after three years.

4. At the request of the Lake Victoria Fisheries Organization, the State of
Uganda shall undertake at its own expense all necessary repairs to the premises
referred to in paragraph 2(a) with the exception of those which can be
considered as day-to-day maintenance of the said premises.

Section 2: Privileges, immunities and facilities

1. The taxes referred to in Section I, paragraph I(e), of Part A shall include
customs duties and dues on motor vehicles, furniture and equipment. Likewise,
legacies and donations, including anything considered necessary by the Lake
Victoria Fisheries Organization for its establishment or for attaining its
objectives, shall also be exempt from such taxes and dues.

2. Any funds or property transferred to the Lake Victoria Fisheries
Organization, for its functions, by any natural person or by any non-profit
organization shall be exempt from the payment of taxes.

3. Staff members of the Lake Victoria Fisheries Organization, including
the Executive Secretary and the Deputy Executive Secretary, shall, provided that
they are not nationals of the State of Uganda, be permitted to maintain assets
outside the State of Uganda and be exempt from any form of taxation on income
derived from sources outside the State of Uganda or on property outside the
State of Uganda. They shall furthermore be exempt from national service
obligations.

4. The State of Uganda shall adopt the legislation necessary to give effect to
the legal capacity of the Lake Victoria Fisheries Organization and to the
privileges, immunities and facilities referred to in this Convention, including
the present Annex.

Section 3: Amendment of this Part

1. Subject to paragraph 2, the present Part B of this Annex may be amended in
the manner set out in Article XX of this Convention.

2. Notwithstanding any other provision of this Convention, including the present
Annex, no amendment to this Part may be adopted unless the State of Uganda has
expressly consented thereto.

Done in Kisumu, Kenya, this First Day of July Nineteen Ninety Four, in a single
copy in English.