African Convention on the Conservation of Nature and Natural Resources (2003)

• Jurisdiction: South Africa
• Date: 05 December 2017
• Author: None
• Pages: 154-179
• Citation: 2016 JOLGA 154
• Published date: 05 December 2017

154

AFRICAN CONVENTION ON THE

CONSERVATION OF NATURE AND

NATURAL RESOURCES

1

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

the African Union (AU):

CONSCIOUS that the natural environment of Africa and the natural

resources with which Africa is endowed are an irreplaceable

part of the African heritage and constitute a capital of vital

importance to the continent and humankind as a whole;

CONFIRMING, as we accepted upon declaring our adherence to

the Charter of the Organization of African Unity,2 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’;

CONCIOUS of the ever-growing importance of natural resources

from economic, social, cultural and environmental points of view;

AFFIRMING that the conservation of the global environment

is a common concern of human kind as a whole, and the

conservation of the African environment a primary concern of

all Africans;

RE-AFFIRMING that States have, in accordance with the Charter

of the United Nations3 and the principles of international

law, a sovereign right to exploit their own resources pursuant

to their environmental and developmental policies, and the

responsibility to ensure that activities within their jurisdiction

or control do not cause damage to the environment of other

States or of areas beyond the limits of national jurisdiction;

RE-AFFIRMING FURTHER that States are responsible for

protecting and conserving their environment and natural

resources and for using them in a sustainable manner with the

aim to satisfy human needs according to the carrying capacity

of the environment;

1 The Convention has not come into effect yet and is also available at

http://www.au.int/en/treaties/african-convention-conservation-nature-

and-natural-resources-revised-version (accessed on 10 January 2016).

The following footnotes have been added by the editors.

2 479 UNTS 39.

3 1 UNTS XVI.

2016 JOLGA 154

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African Convention: Nature Conservation

155

CONCIOUS of the dangers which threaten some of these

irreplaceable assets;

DESIROUS of undertaking individual and joint action for the con-

servation, utilization and development of these assets by estab-

lishing and maintaining their sustainable use;

RECALLING the Lagos Plan of Action for the Economic

Development of Africa and the Final Act of Lagos as well as the

African Charter on Human and Peoples Rights;4

TAKING NOTE of the Charter of Economic Rights and Duties of

States5 and of the World Charter for Nature6 adopted by the

General Assembly of the United Nations;

CONCIOUS of the need to continue furthering the principles of

the Stockholm Declaration, to contribute to the implementation

of the Rio Declaration and of Agenda 21, and to work closely

together towards the implementation of global and regional

instruments supporting their goals;

CONSIDERING the principles and objectives stated in the Treaty

Establishing the African Economic Community7 and the

Constitutive Act of the African Union;8

CONVINCED that the above objectives would be better achieved by

amending the 1968 Algiers Convention on the Conservation of

Nature and Natural Resources9 by expanding elements related

to sustainable development;

HAVE AGREED as follows:

Article 1. Scope

This Convention shall apply:

(1) to all areas which are within the limits of national jurisdic-

tion of any Party; and

(2) to the activities carried out under the jurisdiction or control

of any Party within the area of its national jurisdiction or

beyond the limits of its national jurisdiction.

4 (1982) 21 ILM 58.

5 (1975) 14 ILM 251.

6 (1983) 22 ILM 455.

7 (1991) 30 ILM 1241.

8 See pages 105-115 above.

9 1001 UNTS 3. The Convention came into effect in 1969.

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