African Maritime Transport Charter
PREAMBLE
The Member States of the Organization of African
Unity, Parties to this Charter;
Considering the co-operation objectives enshrined
in the Charter of the Organization of African Unity;
Considering the Treaty establishing the African
Economic Community, particularly the relevant provisions
dealing with maritime transport;
Considering the relevant provisions of the U.N.
Convention on a Code of Conduct for Liner Conferences;
Considering the relevant provisions, of the Convention
relating to Transit Trade of Land-locked States,
signed on 8 July, 1965 in New York;
Considering economic development as a priority;
Considering the importance of maritime transport
in the promotion of foreign trade and in economic
development;
Considering maritime transport as a factor for
regional and continental economic integration;
Recognizing the specific character of shipping
as an international activity;
Conscious of the need to ensure an orderly expansion
of African merchant fleet and a harmonious development
of African maritime transport, particularly by maintaining
a fair balance between the interests of shippers
and those of shipowners in our respective States;
Conscious of the peculiarity of the problems faced
by the Land-locked Member States;
Resolved to co-operate in all fields of maritime
activity;
Conscious of the need to strengthen this co-operation
in order to co-ordinate and harmonize our maritime
policies, both in our mutual relations and in our
relations with Third States;
HAVE DECIDED TO ADOPT AN AFRICAN MARITIME TRANSPORT
CHARTER AND HAVE AGREED AS FOLLOWS:
CHAPTER I
Definitions
Article 1
For the purpose of the present Charter:
"Charter" means African Maritime
Transport Charter;
" Region" means region of the Organization
of African Unity as ,provided for in Resolution
CM/Res. 464 (XXVI) of the Council of Ministers of
the Organization of African Unity on the division
of Africa into five (5) regions namely: Northern,
Western, Central, Eastern and Southern;
" Sub-region" means at least three
(3) States of one (or several) regions as defined
in paragraph (b) of this article;
" Member States" means Member States
of the Organization of African Unity parties to
this Charter;
" Third State" means a State other
than a Member State;
" Land-locked Member State" means
a Member State without a sea coast;
" Transit Member State" means a
Member State with or without sea coast whose territory
is used in carrying import and export commodities
for one or several Member States;
" Multimodal Transport" means the
carriage of goods by at least two different modes
of transport one of which is a sea mode on the basis
of a multimodal transport contract from a place
in ,one country at which the goods are taken in
charge by the multimodal transport operator to a
place designated for delivery situated in a different
country;
" Shipper" means a person or entity
who has entered into, or who demonstrates an intention
to enter into, a contractual or other arrangement
with a conference or shipping line for the shipment
of goods in which he has a beneficial interest;
" Shippers Organization"
means an association or equivalent body which promotes,
represents and protects the interests of shippers
and, if those authorities so desire, is recognized
in that capacity by the appropriate authority or
authorities of the country whose shippers it represents.
" Committee on maritime and port issues"
means a committee established at port level by a
Member State, which comprises, inter alia, representatives
of shippers, shipowners, maritime, customs and port
administration and which is charged with allocation
of cargo.
CHAPTER II
Principles and objectives of Co-operation
Article 2
Principles
Member States hereby adhere to the following fundamental
principles of maritime co-operation:
Solidarity and independence of States;
Harmonization and co-ordination of Member
States policies in all areas connected with international
maritime transport and ports;
The need to make maritime and port activities
and services more efficient in order to promote
economic and social development.
The right of free access to the sea for every
land-locked Member States with the proviso that
they comply with the laws and regulations of the
transit States.
Article 3
Objectives
The objectives of African maritime co-operation
are as follows:-
To define and implement harmonized shipping
policies capable of promoting harmonious and sustained
development of the African fleet and to foster on
a pragmatic basis close co- operation between the
States of the same region or sub-region and between
the regions or sub-regions of Africa;
To hold regular consultations with a view
to determining African common positions on all issues
of international maritime policy and to define,
for each given problem, concerted solutions;
To harmonize Member States views as
regards the implementation of international conventions
to which they are parties;
To promote bilateral and multilateral co-operation
between the maritime administrations of Member States,
their respective operational organizations in the
field of maritime transport;
To undertake studies that will encourage
the promotion and the development of co-operation
in maritime transport and port operations between
countries, regions or sub-regions of Africa.
To encourage the establishment of regional
and/or sub-regional shipping lines.
CHAPTER III
Organs
Article 4
Continental Unit for the Co-ordination of activities
relating to co-operation in
Shipping and Port operations in Africa
In order to ensure the effective co-ordination
of maritime and port development and integrational
policies, activities and programmes, Member States
agree to establish a Continental Unit for the co-ordination
of activities of regional co-operation organizations
in shipping and port operations in Africa (UCOMAR)
within the General Secretariat of the OAU.
Article 5
Regional and Sub-regional organizations for co-operation
in the maritime field
Member States agree to establish, wherever they
do not yet exist, regional and sub-regional co-operation
organizations in maritime and port operations, and
to make them operational as early as possible.
Member States also agree to work towards the strengthening
of existing organizations, develop and sustain active
co-operation among the various regional and sub-regional
maritime institutions.
Article 6
Establishment and strengthening of National Maritime
Institutions
Member States agree to:
Establish in order to make them functional as early
as possible, or strengthen the operation of national
shippers councils (or equivalent agencies),
national shipping lines, wherever possible, ports,
committee on maritime and port issues and national,
sub-regional or regional maritime training and research
institutions.
Bring together these various national agencies within
regional or sub-regional specialized co-operation
organizations in maritime and port activities.
Work towards the strengthening of existing regional
and sub-regional specialized co-operation organizations
in maritime and port operations.
CHAPTER IV
Co-operation in Maritime Transport
Article 7
Co-operation among African Merchant Shipping Lines
In promoting co-operation among African shipping
lines, Member States agree to:
Encourage, where they do not yet exist, the establishment
of pools and cargo booking offices, the pooling
of traffic rights at sub-regional, regional and
continental levels in order to ensure optimum use
of available maritime transport facilities. To this
end, African shipping lines are encouraged to enter
into pool agreements and operate joint services.
Promote the establishment of a common marketing
network of shipping agencies within and outside
Africa in order to enable African merchant shipping
lines to improve on the co-ordination of their consignment
and handling operations.
Article 8
Maritime Traffic
Member States agree to:
Adopt guidelines and a framework for reallocation
of traffic in each region wherever possible with
a view to promoting, among other things, the establishment
of consortia.
Establish a harmonized system of cargo sharing.
Guarantee a fair share of the traffic to national,
shipping lines while ensuring high quality services
at competitive costs.
Article 9
Employment of Seafarers
Member States agree to achieve, through the establishment
of regional seafarer employment exchanges, an efficient
co-operation with respect to ship personnel between
African States lacking adequate trained manpower
and those having excess trained manpower in relation
to their national needs;
In this regard, they agree to comply with the international
maritime regulations relating to maritime transport,
training and qualification of seafarers.
Article 10
Multimodal Transport
Member States agree to promote the establishment
of multimodal transport joint ventures so as to
enable African shipping lines set up within the
framework of the U.N. Convention on International
Multimodal Transport of Goods, modern systems of
point-to-point transportation, improve their services
and increase their capacity to finance modern and
efficient fleet.
Article 11
Cabotage
Member States agree to promote cabotage at sub-regional,
regional and continental levels.
Article 12
Maritime Transport Ancillaries
Member States agree to organize the activities
of the maritime transport ancillaries with a view
to ensuring greater competitiveness and offer better
quality services to the benefit of their economies.
Article 13
Legal Framework
Member States agree to set up enabling harmonized
legislative and regulatory framework that shall
promote and guarantee the stability of maritime
transport joint ventures, particularly multimodal
transport joint ventures.
Article 14
Follow-up, Evaluation and Financing of Merchant
Fleet
Within the framework of actions for follow-up,
evaluation and search for funds-to finance their
fleet, Member States agree to:
Conduct a periodical study on the situation of
African shipping lines and take the most appropriate
decisions on the basis of the findings of the study;
Appeal to African and international funding institutions
to support African States in their policies on ship
and related equipment acquisition and operation;
Promote the establishment of regional funds for
the development of maritime transport and a more
rational use of existing opportunities offered by
the African Development Bank and by sub-regional
or regional development banks.
Article 15
Sustaining the Development of Maritime Transport
In order to sustain the development of maritime
transport in Africa, Member States, among other
things, agree to:
Promote co-operation in the field of ship repair
through:
(a) The co-ordination of their needs in the area
of ship repair and the adoption of international
conventions at the level of each region, in order
to promote the use of African shipyards, wherever
possible, and strengthen their negotiating power
vis-à-vis non-African shipyards with a view
to realizing significant economies of scale;
(b) The establishment of sub-regional and regional
centres to manufacture, repair and overhaul containers;
(c) The identification of major shipyards within
the Continent which can undertake adequate repair
of African ships and the establishment, if need
be, of new and more efficient installations.
Establish, reactivate research, training and information
centres.
In this regard, Member States agree to:
(a) Establish information ex-change centres in
order to improve the dissemination of information,
promote the exchange of information among operators
and encourage the establishment of electronic data
interchange systems in Africa;
(b) Encourage the use of such electronic data interchange
systems for the dissemination of information relating
to port state control among African States;
(c) Establish or strengthen existing national, sub-regional
and regional maritime research and development centres,
with the assistance of maritime operators or associations
of operators and with the technical and financial
assistance of intergovernmental and international
organizations;
(d) Promote a sub-regional and regional approach
to maritime training through adaptation and co-ordination
of programmes, exchange of trainers and trainees
as well as teaching materials;
(e) Promote the use and the strengthening of the
existing sub-regional and regional maritime training
institutions.
CHAPTER V
Co-operation in the Area of Assistance to Shippers
Article 16
Direct Assistance to shippers
Member States agree to encourage, wherever they
do not exist, the creation of shippers organizations
and intensify direct assistance to shippers in the
area of transport operations in connection with
export and import activities.
Article 17
Effective Management and Pooling of Freight
Member States agree to promote an effective consolidation
of cargo at national, sub-regional and regional
levels so as to help shippers to obtain shipping
services better adapted to their needs and at a
lower cost.
Article 18
Facilitation of Maritime Traffic
Member States shall encourage the establishment,
at national, sub-regional and regional levels, of
committees on facilitation, harmonization and simplication
of administrative and customs procedures.
CHAPTER VI
Ports Development and Management
Article 19
Rationalization of Port Services and Costs
Member States shall agree to co-operate on issues
pertaining to the rationalization of services, at
their ports in order to realize economies of scale
on services provided. In this connection, they agree
to encourage:
Any actions aimed at facilitating the acquisition
of modern port materials and equipment;
The promotion at sub-regional or regional level
of a concerted programming of port dredging in order
to facilitate negotiation on dredging contracts
and reduce costs.
Article 20
Improvement of Port Management and Operation
In order to improve the competitiveness of port
system in Africa, Member States agree to:
Achieve an autonomous management of African ports
so as to increase their effectiveness.
Encourage:
a) The adoption of a harmonized port tariff and
statistic system;
b) Periodic survey of the situation of ports and
harbours in Africa;
c) Medium and long-term studies on port development;
d) The formulation of strategic plans.
CHAPTER VII
Co-operation in the Field of Maritime Legislation
Article 21
Improvement and Harmonization of Legislations
Member States agree to:
Adopt and, where necessary, update their existing
maritime legislations so as to make them compatible
with the promotion of national maritime and port
activities;
Examine with a view to revising and harmonizing,
if necessary, their maritime and port legislations
in order to make them compatible with each other
and with the relevant international maritime conventions
in force in the field of maritime transport and
related activities;
Request the General Secretariat of the OAU to periodically
draw an indicative list of relevant international
maritime conventions to be ratified by States that
might not yet be Contracting Parties.
Article 22
Co-operation Agreements
Member States agree to enter into co-operation
agreements between themselves in the field of maritime
transport and ports on the basis of the principles
embodied in this Charter.
CHAPTER VIII
Co-operation between Land-locked and Transit Countries
Article 23
Transit Trade of Land-locked Member States
Transit Member States agree to grant facilities
and benefits to Land-locked Member States using
port infrastructure and equipment and apply to transit
goods, non-discriminatory administrative, fiscal
and customs measures in accordance with the principles
of this Charter.
Article 24
Co-ordination of Policies and Actions
Transit Member States and Land-locked Member States
agree to co-ordinate their policies of acquisition
and use of means of land transport (road and rail),
river, air, maritime transport and port. They also
agree to co-ordinate the actions and instruments
of implementation of their national maritime policies,
those concerning, inter-alia, grouping, pooling
and cargo sharing, operation of cargo handling equipment
as well as clearing and forwarding of cargo in transit.
Article 25
International Agreements and Conventions on Transit
Member States are encouraged to enter into bilateral
and multilateral transit agreements and apply in
a concerted manner, the relevant sub-regional, regional
and international conventions in force, particularly
those relating to transit.
Article 26
Exceptions and safeguards
Notwithstanding any provisions contained therein,
the implementation of this Charter shall be subject
to the relevant provisions of Article 35 of the
Treaty establishing the African Economic Community.
CHAPTER IX
Final Provisions
Article 27
Signing and Ratification
This Charter is open for signature by Member States
at the General Secretariat of the Organization of
African Unity.
The ratification, acceptance, approval or accession
shall be carried out in accordance with the respective
constitutional procedures of Member States and by
the deposit of a duly signed instrument with the
General Secretariat of the Organization of African
Unity.
Any instrument of ratification, acceptance, approval
or accession deposited after the entry into force
of an amendment to the present Charter with respect
to the Contracting Parties or after all the necessary
measures have been taken for the entry into force
of the amendment with respect to the said States
shall be deemed to be in conformity with the amended
convention.
Article 28
Entry into Force
This Charter shall provisionally enter into force
Thirty (30) days after being signed by at least
Twenty (20) Member States of the Organization of
African Unity.
It shall finally enter into force Thirty (30) days
after the Secretary-General of the Organization
of African Unity has received the instruments of
ratification, acceptance or approval of Two-thirds
(2/3) of Member States of the Organization of African
Unity.
Article 29
Amendment and Revision of the Charter
Any Member State may submit proposals for the amendment
or revision of the present Charter.
Proposals for amendment or revision shall be submitted
to Member States within a maximum period of thirty
(30) days after they have been received at the Headquarters
of the Organization of African Unity. The Council
of Ministers shall be seized of the proposals for
amendment or revision of the Charter only when all
the Member States have been duly notified and after
a period of one year.
The amendments shall be adopted by consensus by
the Council or, failing that, by two-thirds majority,
and shall be submitted to Member States for ratification
in conformity with their respective constitutional
procedures.
Article 30
Entry into Force of Amendments
Amendments shall come into force Thirty (30) days
after the deposit of the instruments of ratification
of two-thirds of Member States of the Organization
of African Unity at the office of the Secretary
General of the Organization of African Unity.
Without prejudice to Article 27, paragraph 3, any
State which becomes party to the Charter after the
entry into force of an amendment shall be deemed
to be party to the unamended Charter with regard
to any contracting State which is not bound by the
said amendment.
Article 31
Denunciation
A Member State may denounce the Charter by giving
a written notice to the Secretary General of the
Organization of African Unity specifying the reasons
for such denunciation. The withdrawal shall take
effect one year after the notice has been duly served,
unless a later date is fixed by the State concerned.
Article 32
Settlement of Disputes
Member States undertake to settle their disputes
regarding the interpretation or the application
of the provisions of this Charter in accordance
with Article 87 of the Treaty Establishing the African
Economic Community.
Article 33
Depository
The Charter, drafted in four original texts in
English, Arabic, French and Portuguese, the four
texts being equally authentic, shall be deposited
with the Secretary General of the Organization of
African Unity who shall transmit a certified true
copy thereof to the Government of each of the signatory
States.
The Secretary General shall notify Member States
of the dates of deposit of the instruments of ratification
or accession and shall, upon the entry into force
of this Charter, register the same with the United
Nations Secretary General.
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IN WITNESS WHEREOF, the undersigned, duly authorized
by their respective Governments, have signed this
Charter in the four official languages of the Organization
of African Unity, the four (4) texts being equally
authentic, in a single original