African Charter on Maritime Security and Safety and Development in Africa (Lomé Charter) (2016)

• Jurisdiction: South Africa
• Author: None
• Citation: 2017 JOLGA 90
• Date: 22 May 2019
• Pages: 90-113
• Published date: 22 May 2019

90

AFRICAn CHARteR on MARItIMe

seCURItY AnD sAFetY AnD

DeVeLoPMent In AFRICA

(LoMe

´ CHARteR)1

PREAMBLE

We, the Heads of State and Government of the Member States of

the African Union (AU),

CONSIDERING the Constitutive Act of the African Union of

11 July 2000, in particular article 3(a), (b), (e) and (f);

HAVING REGARD to the provisions of the Charter of the United

Nations of 26 June 1945, in particular its Chapters VI, VII and VIII;

COGNISANT of the United Nations Convention on the Law of the

Sea of 10 December 1982, in particular its articles 100, 101 and

105, defining the legal framework for the fight against piracy and

armed robbery against ships and the International Convention

for the Safety of Life at Sea of 1 November 1974;

CONSIDERING the International Convention for the Prevention of

Pollution from Ships of 2 November 1973;

CONSIDERING the Convention for the Suppression of Unlawful

Acts against the Safety of Maritime Navigation of 10 March

1988 and its Protocol of 14 October 2005;

NOTING the Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and their Disposal of 22 March

1989;

CONSCIOUS of the United Nations Convention against Transna-

tional Organised Crime (Palermo Convention) of 15 November

2000 and its three Supplementary Protocols;

CONSIDERING the Bamako Convention on the Ban on the Import

into Africa and the Control of Transboundary Movement and

Management of Hazardous Wastes within Africa of 30 January 1991;

CONSIDERING also the Convention for the Suppression of

Unlawful Acts against the Safety of Maritime Navigation

adopted in Rome on 10 March 1988;2

1AU Doc. Ext/Assembly/AU/1(VI).

2This paragraph, which repeats part of an earlier paragraph, appears in

the original document.

2017 JOLG 90

© Juta and Company (Pty) Ltd

Agreement establishing a Sub-Regional Fisheries Commission

91

RECALLING the provisions of the OAU Convention on the

Prevention and Combating of Terrorism of 14 July 1999 and

the Protocol to the OAU Convention on the Prevention and

Combating of Terrorism of 1 July 2004;

FURTHER RECALLING the provisions of the Revised African

Maritime Transport Charter of 26 July 2010;

MINDFUL of the African Union Agenda 2063 and the United

Nations 2030 Agenda;

FURTHER MINDFUL of the relevant provisions of the United

Nations Security Council Resolutions which call for the

development and implementation of regional, sub-regional and

national maritime safety and security and fight against piracy

strategies;

RECALLING [the] 2050 Africa’s Integrated Maritime Strategy

(2050 AIM Strategy) adopted on 27 January 2014, whose

implementation shall be in conformity with international

maritime law;

AWARE of the geostrategic importance of the seas, oceans and

inland waterways in the socio-economic development of Africa

and of their role in the sustainable development of the continent;

FURTHER CONSIDERING that the persistence of conflicts

constitutes a serious threat to peace and security and undermines

our efforts to raise the standard of living of our peoples;

DEEPLY CONCERNED by the scourge of terrorism, extremism in

all its forms and transnational organised crime as well as the

different threats against peace and security in Africa;

ACKNOWLEDGING that the proliferation of small arms and

light weapons as well as cross-border crime contribute to the

spread of insecurity and instability and pose serious risks to

international maritime navigation;

REAFFIRMING our commitment to combat maritime crime, threats

and challenges to protect and secure our seas and oceans;

CONVINCED that the prevention, management and the eradication

of these scourges can only succeed through the enhancement of

cooperation, with a view to coordinating the efforts of coastal,

island and land-locked African States within the framework of

the African Union;

CONCERNED about the protection of biodiversity and the

sustainable use of marine resources of the planet in accordance

with the Convention on Biological Diversity, adopted in Rio

de Janeiro on 5 June 1992, the Convention on the Protection,

Management and Development of the Marine and Coastal

Environment in Eastern Africa, adopted in Nairobi on 21 June

© Juta and Company (Pty) Ltd