African Convention on the Conservation
of Nature and Natural Resources
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 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 purposes of the present Convention, the meaning
of the following expressions shall be as defined
below:-
"Natural Resources" means renewable resources,
that is soil, water, flora and fauna.
" Specimen" means an individual example
of a species of wild animal or wild plant or part
of a wild plant.
" 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.
" 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:
• under State control and the boundaries of
which may not be altered nor any portion alienated
except by the competent legislative authority,
• 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,
• 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:-
• under State control and the boundaries of
which may not be altered or any portion alienated
except by the competent legislative authority,
• exclusively set aside for the propagation,
protection, conservation and management of vegetation
and wild animals as well as for the protection of
sites, landscapes or geological formations of particular
scientific or aesthetic value, for the benefit and
enjoyment of the general public, and
• 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;
• covering any aquatic environment to which
all of the provisions of section (b) (i-iii) above
are applicable.
The activities prohibited in "strict nature
reserve" under the provisions of section (a)
(ii) 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 (ii) 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:-
• " game reserve" which shall denote
an area
• set aside for the conservation, management
and propagation of wild animal life and the protection
and management of its habitat,
• within which the hunting, killing or capture
of fauna shall be prohibited except by or under
the direction or control of the reserve authorities,
• where settlement and other human activities
shall be controlled or prohibited;
• " partial reserve" or "sanctuary"
which shall denote an area
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,
• in which all other interests and activities
shall be subordinated to this end;
• " 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 of land-use capability;
b. They shall, when implementing agricultural practices
and agrarian reforms,
• improve soil conservation and introduce improved
farming methods, which ensure long-term productivity
of the land,
• control erosion caused by various forms of
land-use which may lead to loss of vegetation cover.
ARTICLE V
WATER
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 –
• the study of water cycles and the investigation
of each catchment area,
• the co-ordination and planning of water resources
development projects,
• the administration and control of all water
utilization, and
• prevention and control of water pollution.
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
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.
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
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 minimise
deleterious effects of any water and land use practice
which might adversely affect aquatic habitats.
The Contracting States shall adopt adequate legislation
on hunting, capture and fishing, under which:-
a. The issue of permits is properly regulated;
b. Unauthorised methods are prohibited;
c. The following methods of hunting, capture and
fishing are prohibited:
• any method liable to cause a mass destruction
of wild animals,
• the use of drugs, poisons, poisoned weapons
or poisoned baits,
• the use of explosives;
• the following methods of hunting and capture
are particularly prohibited:
the use of mechanically propelled vehicles;
the use of fire;
the use of fire arms capable of firing more than
one round at each pull of the trigger;
hunting or capture at night;
the use of missiles containing detonators;
d. The following methods of hunting or capture
are as far as possible prohibited:-
• the use of nets and stockades,
• the use of concealed traps, pits, snares,
set- gun traps, deadfalls, and hunting from a blind
or hide;
e. iii. 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
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:-
• 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
• species in Class B shall be totally protected,
but may be hunted, killed, captured or collected
under special authorization granted by the competent
authority.
• 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
In the case of animal species to which Article
VIII does not apply the Contracting States shall
–
• Regulate trade in and transport of specimens
and trophies;
• 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.
In the case of plant and animal species to which
Article VIII paragraph (1) applies, the Contracting
States shall-
• Take all measures similar to those in paragraph
(1);
• Make the export of such specimens and trophies
subject to an authorization –
• additional to that required for their capture,
killing or collection by Article VIII,
• which indicates their destination,
• which shall not be given unless the specimens
or trophies have been obtained legally,
• which shall be examined prior to exportation;
• which shall be on a standard form, as may
be arranged under Article XVI;
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
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:-
• protect those ecosystems which are most
representative of and particularly those which are
in any respect peculiar to their territories,
• ensure conservation of all species and more
particularly of those listed or which may be listed
in the annex to this Convention;
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
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):-
• are included in educational programmes at
all levels,
• form the object of information campaigns
capable of acquainting the public with, and winning
it over to, the idea of conservation.
In order to put into effect paragraph (1) above,
the contracting States shall make maximum use of
the educational value of conservation areas.
ARTICLE XIV
DEVELOPMENT PLANS
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.
In the formulation of all development plans, full
consideration shall be given to ecological, as well
as to economic and social factors.
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 coordinating machinery
shall be established for this purpose.
ARTICLE XVI
INTER-STATE CO-OPERATION
The Contracting States shall co-operate:-
• Whenever such co-operation is necessary
to give effect to the provisions of this Convention
and
• Whenever any national measure is likely to
affect the natural resources of any other State.
The Contracting States shall supply the Organisation
of African Unity with-
• The text of laws, decrees, regulations and
instructions in force in their territories, which
are intended to ensure the implementation of this
Convention,
• Reports on the results achieved in applying
the provisions of this Convention, and
• All the information necessary for the complete
documentation of matters dealt with by this Convention
if requested.
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.
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
The provisions of this Convention shall not affect
the responsibilities of Contracting States concerning:-
• the paramount interest of the State,
• " force majeure",
• defence of human life
The provisions of this Convention shall not prevent
Contracting States:-
• in time of famine,
• for the protection of public health,
• 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
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.
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
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.
Reservations made in conformity with the preceding
paragraph shall be deposited together with the instruments
of ratification or accession.
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
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.
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.
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
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.
The instruments of accession shall be deposited
with the Administrative Secretary-General of the
Organization of African Unity.
ARTICLE XXIII
DENUNCIATION
Any Contracting State may denounce this Convention
by notification in writing addressed to the Administrative
Secretary-General of the Organization of African
Unity.
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.
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
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.
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 section 3 of Article XVI of this Convention.
i. At the request of one or more Contracting States
and notwithstanding the provisions of paragraphs
(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 Organisation of African Unity.
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IN WITNESS WHEREOF WE THE HEADS OF STATE AND GOVERNMENT
OF INDEPENDENT AFRICAN
STATES, ASSEMBLED AT ALGIERS, ALGERIA, ON 15TH
SEPTENBER 1968, HAVE SIGNED THIS CONVENTION.
