PREAMBLE
The Republic of Benin, Burkina Faso, The Republic of Cameroon, The Republic of Cote d'Ivoire, The Republic of Guinea, The Republic of Mali The Republic of Niger, The Federal Republic of Nigeria, The Republic of Chad
States Parties to this Appendix to the Charter of the Niger Basin water relative to the Protection of the Environment,
NOTING the Niamey Act regarding navigation and economic cooperation between the States of the Niger Basin, signed on October 26, 1963;
NOTING the Agreement on the Niger River Commission and navigation and transport on the Niger River signed in Niamey on November 25, 1964, revised in Niamey on February 2, 1968 and on June 15, 1973 and in Lagos on January 26, 1979;
NOTING the Convention on the Niger Basin Authority signed November 21, 1980 at Faranah, revised October 29, 1987 in N'Djamena;
NOTING the Charter of the Niger Basin Water signed in Niamey on April 30, 2008;
NOTING the decision n° I of the 9th Swnmit of head of states and Government of the Niger Basin Authority, held in Abuja September 16, 2010 relating to the transfer of certain functions of the Contracting Authority to the Authority of the Niger Basin;
Considering the existing programs and projects and new development projects in the Niger Basin in the Sustainable Development Action Plan and the Investment Program;
Considering the role of the Authority in the development, the protection and the balanced management of natural resources of the Basin, in particular through the monitoring and the hydrological forecast, the environmental monitoring and the fight against pollution and environmental degradations, the management of the preliminary notifications within the framework of the measures planned as well as the coordinated management of great works having transborder impact;
Bearing in mind the progress made in the codification and progressive development of international environmental law as well as on the universal, regional and sub-regional levels covering nowadays the main environmental sectors;
Based largely on the conclusions i) of the United Nations Conference on Environment and Development including the Declaration on Environment and Development and Agenda 21 and specifically its Chapter 18 adopted in Rio de Janeiro in 1992 Ii) the Program for the Further Implementation of Agenda 21 adopted in New York in 1997, iii) the decision of the Commission on Sustainable Development on the sustainable management of freshwater
adopted in New York in I 998 and iv) the Millennium Declaration setting out the Millennium Development Goals adopted in New York in 2000;
Guided by the relevant provisions of multilateral environmental agreements including i) the International Convention on Plant Protection 1951; ii) the Convention on Wetlands, particularly like habitats of water birds adopted at Ramsar, February 2 197 I, iii) the Convention on International Trade of Endangered Species of wild flora and fauna threatened with extinction adopted in Washington March 3, 1973, iv) the Convention on the Conservation of Migratory Species of Wild Animals signed at Bonn June 23, 1979; v) the Convention on the Conservation of Wildlife and Natural Habitats of Europe signed in Bern September 19, 1979 vi) the Convention on the Control of Transborder Movements of Hazardous Wastes and their Disposal, signed in Basel on 22 March 1989: vii) the Convention on the Prohibition of import of hazardous wastes and control of their transborder movement in Africa, signed in Bamako, January 30, 1991 : viii) the Framework Convention on Climate Change signed in Rio de Janeiro May 9, 1992: ix) the Convention on Biological Diversity signed in Rio de Janeiro June 5, 1992, x) the International Convention on Action against Desertification in those countries experiencing serious drought and or desertification, particularly in Africa signed at Paris June 17, I 994, xi) the African Convention on the Conservation of Nature and Natural Resources revised in Maputo July 11, 2003;
Referring to the Convention on the Law of the uses of international watercourses for purposes other than navigation, adopted in New York May 21, 1997;
Recalling the bilateral and multilateral agreements governing the uses of certain parts of the Niger Basin;
Taking into account the initiatives of the organizations of regional integration in particular the additional Act A/SA/12/08 bearing adoption of the environmental policy of the Economic community of West African States (ECOWAS) of December I 9th, 2008 and the General policy of the Economic community of Central African States (CEEAC) regarding environment and the management of natural resources of March 2007;
Deeply concerned with the environmental challenges facing the basin including siltation and desertification, poJJution of surface water and groundwater, water-borne diseases, loss of biodiversity, the spread of invasive aquatic plants, high evaporation resulting from the effects of climate and its changes;
Deeply concerned about the trend of continued deterioration of the basin's environment and the gradual depletion of natural resources despite efforts at both national and regional levels;
Determined to promote and protect the basin's environment to ensure its sustainable development;
Desirous of strengthening their close cooperation based on a policy of pooling their resources for sustainable and coordinated use of natural resources of the Niger Basin;
Convinced of the need for coordinated efforts at national and regional level for the environmentally sound management of natural resources of the Niger Basin with the aim of fighting against poverty and promoting economic and social development of the basin States;
Determined to implement the Paris Declaration on principles of management and good governance for sustainable and shared development of the Niger Basin April 26, 2004;
Agree to adopt this Appendix to the Charter of the Niger Basin water on the protection of the environment of the Niger Basin, hereinafter called the Appendix on Environmental Protection of the Niger Basin.
CHAPTER 1: GENERAL PROVISIONS
Article 1: Definitions
For purposes the Annex I to the Water Charter of the Niger Basin on the protection of environment of the Niger Basin, unless otherwise indicated, the following shall mean: Authority: the Niger Basin Authority
Biological diversity: variability of living organisms of any ongm including, inter alia, terrestrial, marine ecosystems and other watery ecosystems and the ecological complexes of which they form part: that includes diversity within the species and between species like those of the ecosystems
Capture: The act of apprehending wildlife alive for their resale for various purposes including for the purpose of breeding wildlife, wi Id meat, pet;
Classified estab1ishment: installations which presents dangers or disadvantages either to safety or health, or for the environment or the public health, or for the conservation of sites and monuments;
Classified forest: forest having been the subject of a classification in the name of the State with an aim of national general interest or of a local government agency with an aim of local interest and which aims to subject it to a restrictive mode of traditional rights of use, in order to ensure the protection of the forest resources and to support the development of its productive potential, while taking account of the development plans
Commercial exploitation of forests: taking away of forest products at lucrative purposes;
Confiscation: act of authority by which the offender is deprived of the ownership of the means used to commit a crime.
Conservation Area: any protected area designated and managed mainly or wholly for the purpose of conserving biodiversity;
Council of Ministers: Council of Ministers of the Niger Basin Authority
Domestic exploitation of forests: taking away of forest products by the bordering populations for the satisfaction of their domestic needs;
Ecosystem: dynamic complex formed of communities of plants, animals and micro organisms and their non-alive environment which, by their interaction, form a functional unit;
Emergency: a situation that causes or threatens in an imminent way to cause serious harm to Basin States and that results suddenly from natural causes such as floods, landslides or earthquakes or by human activities, such as industrial accidents;
Emergency plan: detailed action plan to minimize the consequence of an abnormal event requiring unusually rapid response to protect lives, reduce injuries, optimize loss control, and reduce spoilage of goods and the environment;
Environment: The Whole of natural and artificial elements, economic, social and cultural factors as well as the dynamic relations maintained between these various components;
Environmental and Social Assessment: A series of activities or procedures to ensure the acceptability of a project in terms of impact it can have on the environment and human health.
Environmental and social management plan: all actions planned by the owner to remove, reduce and offset the harmful effects of the project on the environment and human health , identified by the environmental and social assessment, including the mechanisms and means put in place to remove and/or substitute them, as well as the control modalities of the implementation and the estimation of corresponding costs;
Environmental audit: The process of systematic and documented verification to obtain and evaluate, objectively, audit evidence to determine whether the activities, events, conditions, management systems related to the environment or infonnation relating thereto are in accordance with the criteria of the audit;
The environmental audit is an action having as target to detennine the conformity of programmes and projects to the demands of international nonns as accepted as concerns this matter. It consists of a systematic evaluation and periodic objectives of projects and programmes so as to: (a) verify the conformity to the demands hereby indicated, (b) assess the effectiveness of the environmental management systems put in place, (c) identify and assess every reasonable risks that could result from the projects and programmes in view of avoiding it or minimizing its impacts
Environmental management system: of the organization: a component of the overall management system that includes organizational structure, planning act1v1tles, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy.
Environmental performance of the organization: measurable results of the environmental management system, related to the control by the organization of environmental aspects, based on its policy, objectives and targets on environmental issues.
Environmental Policy: Statement of intent for an institution that sets its environmental objectives, principles, actors, and the legal, institutional and operational means as well as monitoring and evaluation mechanisms for the implementation of environmental policy.
Executive Secretariat: Executive Secretariat of the Niger Basin Authority;
Genetic resources: the element of biological resources of plant, animal, microbial or other origin containing functional units of heredity and having an actual or potential value for humanity;
Harvesting: collecting eggs of wildlife species for consumption or reproduction;
Hazardous and noxious substances: chemicals that, because of their toxicity, radioactivity or concentration within vital biological chains, affect human health and the environment when discharged into the environment;
Historical and cultural heritage: a set of movable or immovable property of a particular character in terms of archeology, prehistory, architecture, literature, folklore, art, religion and sociology;
Hunting: any act intended to kill, injure, pursue, , worry, seek, capture, trap a wild animal or destroy, collect the eggs of birds and reptiles;
Industrial exploitation of forests: taking away of forest products at purposes of wood processing into finished or semi-finished products for resale.
Knowledge of local communities or indigenous knowledge: accumulated knowledge that are vital for the conservation and sustainable use of biological resources or with socio economic value, and that have developed over the years in indigenous or local communities;
Local Community: a human population in a given geographical area which has the property over its biological resources, innovations, practices, knowledge and technologies governed partially or completely by its own customs, traditions or laws.
National Park: Natural land area designated to protect the ecological integrity of one or more ecosystems and used for spiritual, scientific, educational, recreational and visitor opportunities, in compliance with the natural environment and culture of local communities;
Natural resources: renewable, tangible and non-tangible natural resources, in particular soils, water, flora and fauna, as well as the nonrenewable resources
Observatory: Observatory of the Niger Basin;
Owner: legal person on whose behalf the work is done and to whom the work belongs;
Pastoralism: any breeding activity consisting in ensuring food and water for animals by direct exploitation of natural resources on specific areas involving movement of animals; Petitioner or sponsor: individual or private or public corporation author of an application for a project or development program for environmental impact assessment or environmental audit;
Pollution: contamination or direct or indirect modification of the environment caused by any act likely to cause a nuisance or danger to health, public health, people's safety or well-being;
Protected forest: forests that are not subject to an act of classification which is managed by the normal rules of forest management;
Public sitting, public survey or public consultation: a procedure allowing the populations to be determined on an action, a project or a program likely to have an environmental impact, after being duly informed of the advantages or disadvantages of these actions on the human health or the environment. The populations express their opinions publicly, make their observations and possibly express their opposition in connection with the action, of the project or the program, within a suitable time and form
Ranching: Wildlife production act1v1ty and usage in open environment, involving the creation of special facilities designed to foster the development of wildlife and their attachment to their natural territory;
Release of genetically modified organisms: voluntary or involuntary dissemination in the environment or in the market of genetically modified organisms and/or their derivatives;
Right of hot pursuit: law authorizing a State to pursue on the territory of another state for arrest, a person whom it has reasonable cause to believe has committed an offense under this Appendix;
Risks Assessment: process with scientific base including the identification and characterization of dangers, the assessment of exposure and the characterization of risks; Seizure: act of authority by which the guilty party is temporarily deprived of ownership of the means used to commit a crime;
State Party: State which ratified the Charter of the Niger basin water and for which it has come into effect;
Strict Nature Reserve: An area of land containing ecosystems, geological or physiological features and / or outstanding or representative species, available primarily for scientific research and / or monitoring of the environment;
Study of the environmental and social impact : consists of a previous study enabling the assessment of direct and indirect negative effects of projects and programmes the natural and human environment, at the long and short terms, and the implementation of measures in a bid to eliminate or minimize and /or substitute them.
Sustainable use: use of components of biological diversity and natural resources in general in a way and at a rate that does not lead to their long term exhaustion and thus safeguards their potential to meet the needs and aspirations of present and future generations;
Transaction: friendly settlement procedure based on the payment of a lump sum of money given by the competent administrative authority and accepted by the offender in lieu of penalty extinctive of public action;
Transhumance: the cyclical and seasonal movement of livestock for the exploitation of pastoral resources from a given territory to additional areas for the maintenance of livestock;
Use of genetically modified organisms: production, testing, importation, transportation, transit of genetically modified organisms;
Vision Tourism: Wildlife operating activities that do not require removal of wildlife It is a recreational activity to enjoy and possibly photograph or videotape wildlife species in their natural environment;
Waste: any residue of a production process, processing or use, any substance, material, or more generally any movable property discarded or that the holder intends to discard;
Wildlife Breeding: wildlife production activity for profit, maintained in a state of captivity or semi-captivity, in the purpose of commercialization of bush meat and wildlife products.
Work: any infrastructure made in the basin for economic, social and cultural development and may have an impact on the environment, particularly water resources.
Article 2: Object
The Appendix on the Protection of the Environment of the Niger basin, aims to ensure adequate protection of the environment of the basin on the basis of sustainable, collaborative and participatory management of the environment in accordance with the goals of sustainable development.
It clarifies and supplements the relevant provisions of the Charter of the water of the Niger Basin in protecting the environment.
Article 3: Scope
This Appendix applies to all sectors of environment and all natural resources of the basin. Notwithstanding the preceding paragraph, are excluded from the scope of this Appendix, land issues and protection of marine environment. The protection of these environmental sectors excluded from the scope of this Appendix, is under the jurisdiction of the States Parties and shall remain governed by national laws and international conventions binding on States Parties.
Article 4: Basic principles of protection of the environment
The protection of the environment of the basin shall be provided in accordance with the following principles:
a) the principle of sustainable development: whereby basin management must ensure the needs of present generations without compromising those of future generations by balancing economic development, environmental protection and social development;
b) the precautionary principle: whereby it is necessary to analyze and evaluate the negative impact a proposed project might have on the environment and human health and to devise appropriate measures to eliminate or mitigate the adverse effects identified ; (See definition contained in the Charter of the water Article 7)
c) The polluter pays principle: whereby the costs of prevention, control and abatement are fully or partially borne by the polluter;
d) The principle of sharing costs and profits: whereby all states must contribute to and benefit from a fair cross-border initiatives undertaken in the basin for the protection of the environment;
e) The principle of subsidiary: whereby it is convenient to seek the most appropriate level of Powers;
t) The principle qf information and participation: whereby the public has a right of access to information on the state of the basin's environment at regional and national levels; such information being detained by the Executive Secretariat of the NBA and the national public authorities so as to participate effectively in the decision-making process;
g) The precautionary principle: whereby the absence of scientific certainty should not be an excuse for postponing the adoption of measures to protect quantity and quality of the environment and water resources of the basin ;
h) The principle of solidarity: whereby cooperation among States Parties for the sustainable management of the basin must be based on the idea that the Niger basin is a common good that the state commit themselves on the one hand, preserving in order promote peace and development in the sub- region and on the other hand, supporting the populations and the most disadvantaged areas in order to graduaJly remove the disparities between Member States;
i) The principle of cooperation: whereby it is necessary to develop relations between states, river basin organizations, regional and international organizations to ensure an integrated, coordinated and peaceful management of the basin's environment and water resources and that can generate financial resources for each Member State;
j) The principle of partnership: under which it is convenient to seek complementarities and synergies with national, intergovernmental, NGOs, associations and all stakeholders involved in the environmental field for more effective actions;
k) The gender principle: whereby the interests and contributions of women, men and vulnerable segments of society are taken into account in the formulation of environmental policies, capacity development and planning in the sector of environment;
I) The principle of accountability: whereby States commit themselves implementing in good faith both domestically and regionally, the obligations of this Appendix on the Protection of the environment of the basin;
m) The principle of good environmental governance: whereby the exercise of political, economic and administrative authority to manage the affairs of the basin, all the methods and practices to distribute power, manage public resources and solve public problems in the basin must involve all stakeholders for a balanced management of water resources and environment of the basin;
n) The principle of complementarity: under which 1t 1s convenient, with a view to regional integration, to exploit the complementarities of the economies of member states on the basis of actual or potential comparative advantages in the member states Authority.
o) The principle of progressivity: whereby the implementation of measures to protect the environment must take into account the need to operate in a gradual way, the necessary adjustments;
p) The principle of non-harmful use of the national territory: under which the States have a duty to ensure that activities within their jurisdiction or control do not cause significant damage to the environment of other States or areas beyond national jurisdiction;
q) The principle of compensation for environmental damage: under which States undertake to repair the damage resulting from internal or transborder environmental damage caused to people or properties;
r) The principle of non-transfer of risks: whereby States take appropriate measures to prevent the relocation and transfer in the basin, of all activities or substances that cause severe environmental degradation or that are found to be harmful to human health;
s) The principle of environmental education: whereby training, information and public awareness are a prerequisite for accession to the protection of the environment of the basin.
Article 5: National Environmental Po1icy
States Parties shall adopt a national policy document on the environment as an instrument of the State's vision, in the medium and long term of environmental issues.
The national policy document determines the environmental objectives of the state, the legal, institutional and operational frameworks for their implementation and mechanisms for monitoring and evaluating the implementation of the national environmental policy.
The States Parties shall endeavor to ensure environmental information circulation and shall take all necessary measures for the effective application of their national environmental policy through in particular the diligent adoption of the legal, institutional and operational instruments necessary for their implementation.
Article 6: Framework Law on Environment
States Parties shall adopt a framework law on the environment which determines the basic principles of environmental protection applicable to all areas of environmental sectors.
Sector-based laws shall be part of the framework law on the environment to which they must comply.
Article 7: National Action Plan for the Environment
States Parties shall adopt a national action plan for the environment contaimng all the measures and actions to be implemented in a given period, to ensure better environmental protection.
Each State Party shall take care of the effective implementation of the national action plan for the environment
The national action plans for the environment shall be periodica!Jy revised.
Article 8: The general interest character of the environmental protection
Protecting the environment of the basin is of general interest.
It falls jointly to the Executive Secretariat of the Niger Basin Authority and the Member States.
Populations contribute, under the conditions laid down in this Appendix and national legislation, to the safeguarding and improvement of the environment of the basin.
Article 9: Integration of the environment into development projects
States Parties shall ensure the integration of environmental considerations into development plans, projects and programs.
Taking into account environmental concerns shall begin from the conception, through the design phase and during implementation of the development plan, project or program.
Article 10: Environmental Policy and Environmental Management System
Any institution or organization whose activities are likely to harm the environment and human health, shall adopt appropriate environmental policy and environmental management system.
Environmental policy and environmental management system contribute to the environmental compliance and performance of the institution
Articlell: Improved knowledge of the basin's environment
The Authority and Member States, through the Niger Basin Observatory, consolidate and improve knowledge about the state of the environment and natural resources of the Basin and strengthen existing information systems.
Improved knowledge about the state of the basin's environment contributes to strengthening the effectiveness of decision-making processes at regional level.
The Observatory develops and manages the environmental information system through a regional database on environment
CHAPTER 2: ENVIRONMENT AL STANDARDS
Article 12: Process standards
The Authority, in cooperation with member states, shall set standards and processes in areas under its jurisdiction.
The process standards define the technical specifications to be met by fixed installations. They seek to impose to these stationary technical conditions to limit or eliminate pollution at
source. This may include the use of a given production process, use of a specific technology in the manufacture of a particular product, the development of a determined technical device.
ArticJe 13: Standards of environmental quality
The authority, in cooperation with Member States, shall establish standards for environmental quality of water and soil.
Standards of environmental quality determine the maximum allowable pollution in a given environment in order to preserve quality. Their purpose is to define and enforce a quality that a component of the environment must have to avoid causing nuisance to public health.
Article 14: Emission standards
The Authority, in cooperation with member states, sets standards for discharge of pollutants into the water and disposal in the soil.
Emission standards apply to substances released into the environment from facilities or activities that may harm it. They are intended to specify the amount of pollutants, or their concentration in the effluent that may be discharged from a source in a given environment, without compromising quality.
CHAPTER 3: ENVIRONMENTAL AND SOCIAL ASSESSMENTS
SECTION 1: VARIOUS ENVIRONMENT AL AND SOCIAL ASSESSMENTS PARAGRAPH 1: ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS
Article 15: Obligation of an environmental and social impact assessment
Projects, programmes and activities likely to have a significant negative impact on the environment, water resources and human health in the basin are subject to environmental and social impact assessment, designed to identify potential negative impacts to adopt measures to prevent or mitigate them.
The Executive Secretariat, in cooperation with States Parties, shall draw up the list of projects, programmes and activities subject to environmental and social impact assessment in the basin.
Article 16: Contents of the environmental and social impact assessment
The environmental and social impact assessment shall include:
a. a comprehensive description of the proposed activity with a presentation of the project and facilities, structures or works to be performed, the justification of the project, the expected objectives and results, as well as the determination of the geographical limits of the project area;
b. the presentation of alternatives, the rationale for selection of technical means of production and location of the activity and the reasons why, from the standpoint of protecting the environment, the project presented was accepted;
c. an analysis of the initial state of the site and its environment, including on natural resources and their physico-chemical, biological, socio-economic and cultural conditions
d. the legal and regulatory framework
e. identification and analysis of positive and negative impacts, direct or indirect, cumulative in the short, medium and long terms on the site and its environment;
f. a brief description of the methods used for public consultation and related results;
g. the proposal of a management plan that includes environmental and social measures provided by the developer to remove, reduce and offset the harmful effects of the project on the environment and the measures to enhance positive impacts. It includes an indication of institutional responsibilities for implementation and monitoring of the implementation of mitigation measures including estimated costs of measures, capacity building needs and the timetable for implementation;
h. An indication of gaps in knowledge and scientific uncertainties encountered in the development of the necessary information;
1. the definition of control procedures and regular monitoring of environmental indicators at baseline, during construction, during operation or development of the structure and, where applicable, after the end of the operation.
J. A nontechnical executive summary of the environmental and social impact assessment report intended for the information of the public and decision- makers
Article 17: Administrative procedure of the environmental and social impact assessment and review
The main steps of the procedure for the environmental and social impacts assessment are:
a. the preparation of terms of reference;
b. the framing by the administration in charge of the environment;
c. the development of the ESIA report;
d. review and instruction of the ESIA report by the ministry m charge of the environment;
e. public participation through any appropriate form of such participation as public consultation, public hearing or public inquiry;
f. the administrative validation of the study;
g. the decision of the administrative authority
Article 18: Administrative decision of clearance
The administrative decision to authorize the proposed activity as a result of the environmental and social impact assessment shall be duly substantiated by the administrative authority. In case of refusal of permission, the administrative authority indicates the conditions that the applicant shall meet to have their case reviewed.
If an activity is subject to environmental and social impact assessment, obtaining the authorization by the competent national administrative authority is required before executing the activity.
Article 19: Study offinvironmental and Social Impact offransborder projects and programmes
States Parties shall ensure that any project, programme and activity undertaken in their territory and likely to have a significant negative impact on the environment of other States Parties be subject to a transborder study of the environmental and social impact.
The transborder environmental and social impact assessment states, precisely, the risks that the proposed activity poses to the environment and human health in other States Parties.
Article 20: Proceeding of the transborder study of the environmental and social impact
The studies of the environmental and social impact of transborder projects and programmes are carried out under the control of work of the Authority, in co-operation with the States Parties concerned.
The Terms of Reference of the study of the environmental and social impact of transborder projects and programmes are sent to all the Member Parties through the Executive Secretariat for approval.
The control of work thus conferred on the Authority includes the search for financing and the monitoring-evaluation of the transborder projects and programmes which will be authorized following the transborder environmental and social impact assessment
The Authority draws up the criteria making it possible to determine the transborder projects, programmes and activities with significant having impacts to be subjected to an environmental and social impact.
PARAGRAPH 2: ENVIRONMENTAL AUDIT
Article 21: Environmental audit requirement
States Parties shall undertake to conduct regular environmental audits for all activities that constitute a source of pollution, nuisance or environmental degradation, whether these activities have been or not object of environmental and social impact assessment.
The environmental audit is to ensure environmental compliance of the relevant party m ensuring adherence with standards and technical regulations.
It aims to ensure the environmental performance of the institution in accordance with its environmental policy and environmental management system
The environmental audit shall be conducted every five years where applicable.
Article 22: Forms of environmental audit
The environmental audit may be internal or external.
The internal environmental audit is the responsibility of the company. It is made by the specific departments of the company or by external auditors, on request of the company and according to its own internal audit procedure of the latter.
The external environmental audit may include:
a. verification of environmental compliance that is initiated by the appropriate Minister or agency on technical advice from the competent authority, and conducted by an audit team composed of professional auditors and technical experts, if applicable;
b. certification or registration audit that is initiated by the audit organization and conducted by a registrar;
c. Audit of the supplier that is initiated by a client in the context of contractual relations and that can be done by auditors appointed by the latter.
Article 23: The Audit team
The environmental audit is conducted by a team consisting of a lead auditor and auditors. The lead auditor and auditors shall demonstrate technical competence in the matter.
The jurisdiction of local courts periodically draws up and updates the list of accredited environmental auditors in accordance with national laws.
Article 24: Stages of the Audit
The environmental audit shall comprise the following minimal steps:
a) The establishment of the audit team;
b) Development and approval of the audit plan;
c) The collection of audit evidence which can gather enough audit evidence enabling to verify compliance with environmental requirements;
d) The audit finding that examines all the audit evidence to determine areas of non compliance with audit requirements;
e) Drafting of the audit report
Article 25: Minimum content of audit report
The environmental audit report contains the audit findings and has at least the following infonnati on:
a) Identification of the audited organization and the applicant;
b) The scope, objectives and plan of the audit having been object of an agreement;
c) The agreed criteria, including the list of references used in conducting the audit;
d) The duration of the audit and the date on which it was carried out;
e) The identity of members of the audit team;
f) A statement of the confidential nature of the content;
g) Mailing List of the audit report;
h) A summary of the audit process, including obstacles encountered;
i) The conclusions of the audit.
Article 26: Publication of the audit report
The audit report is forwarded to the applicant. It is owned by the applicant and its confidentiality must be protected by the auditors as well as all recipients of the report.
The report release is made pursuant to the requirements of the audit plan. Any distribution not covered by the audit plan requires prior authorization by the applicant.
Article 27: Implementation and monitoring of audit findings
The institution that has been audited implements the findings of the audit.
It must develop and implement necessary corrective actions to address deficiencies identified during the audit, initiate or begin the process of continuous improvement of its activities and establish the means for continuous improvement of its environmental performance.
The implementation of the audit conclusions is carried out under the supervision of competent national environmental authorities which also ensure the follow-up.
The implementation of audit findings is regularly evaluated.
PARAGRAPH 3: STRATEGIC ENVIRONMENTAL ASSESSMENT
Article 28: Obligation of a strategic environmental assessment
Policies, programs and plans for the development of water resources and environment of the basin shall be the subject of a strategic environmental assessment before their implementation.
States may provide forms of strategic environmental assessment for regional or sectoral policies, plans and programs of a given sector.
PARAGRAPH 4: IMPLEMENTATION OF ENVIRONMENT AL ASSESSMENTS
Article 29: List of activities subjected to environmental assessments
The list of activities subjected to environmental and social impact assessments, environmental audit and strategic environmental evaluation as well as the methods of their implementation shall be determined by a decision of the Council of Ministers.
Article 30: Basic or simp]ified environmental Assessments
States Parties can institute, within the framework of the environmental assessments, basic or simplified environmental assessments as well as sectoral environmental assessments.
The basic and simplified environmental assessments as well as sectoral environmental assessments shall be governed by national legislations.
SECTION 2: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS PARAGRAPH 1: COMMON PROVISIONS
Article 31: Obligation of environmental and social management plans
The States Parties shall begin to work out and apply environmental and social management plans to mitigate the negative effects on the environment and society, of the realization of works in the basin.
The environmental and social management plan is consisted of the whole of the measures envisaged by the promoter to remove, reduce and compensate for the detrimental consequences of the project to the environment and society, the measures of mitigation of the negative impacts and allowance of the positive impacts as well as the estimate of the corresponding costs and institutional arrangements necessary.
The decision of authorization of the activity by the national administration in charge of the environment is founded on the aptitude of the environmental and social management plan to mitigate the negative effects of the activity considered.
Article 32: Components of the environmenta] and socia] management plan
The environmental and social management plan may consist according to cases, in an environmental management plan, a population displacement/resettlement plan and a plan of compensation for the affected but not displaced people.
Article 33: Development of the environmental and social management plan
The environmental and social management plan shall be worked out by the project owner in close cooperation with the administration in charge of the environment and the qualified sectoral administrations, with the participation of populations organized in their respective organizations.
Article 34: Implementation of the environmental and social management plan
The environmental management plan shall be implemented by the promoter at the beginning of the activity for which the environmental and social management plan was developed.
It implies a periodic implementation report worked out by the promoter and submitted to the administration in charge of the environment and the sectorally qualified administrations.
Article 35: Monitoring of the environmental and social management plan
The monitoring of the environmental and social management plan shall be ensured by the administration in charge of the environment and the sectorally qualified administrations
The States Parties shall reinforce, in this respect, technical and institutional capabilities of the national administrations in charge of environmental assessments.
PARAGRAPH 2: INVOLUNTARY DISPLACEMENT AND RESETTLEMENT OF AFFECTED PEOPLE
Article 36: Obligation regarding populations displacement/resettlement plans
The States Parties undertake that , when the realization of the works require populations displacements/resettlement, they shall work out a displacements/resettlement plan for the benefit of the affected populations.
The displacements/resettlement plan shall contain the whole of measures related to displacement and resettlement which the project owner commits to implement to the benefit of the displaced people.
Article 37: Development and application of the population displacement/resettlement plan
The States parties shall take the necessary measures to ensure the full participation of the populations through their representative Community organizations in the development, the adoption and the application of the displacement/resettlement plan.
The project owner shall identify for this purpose in collaboration with the aforementioned Community organizations the legitimate representatives of the affected populations which are able to lead the negotiations and to sign the agreements in the name of the communities concerned.
The choice of the representatives of the populations shall be made by taking into account the diversity of the affected people as well as representative Community organizations.
Article 38: Exact identification of the displaced people
The States Parties shall make sure that during the development of the displacement
/resettlement plans, the project owner carries out the exact identification of the people who must be moved as well as all damages underwent.
The displacement /resettlement plan shall contain, if necessary, the indication of the people likely to be moved later on because of the realization of the hydraulic infrastructure.red
Shall be censored only the people who are established on the proposed site at the date the information is being disseminated concerning the implementation of the project. Any person who will establish on this site after this date shall not be taken into account during the censors.
Article 39: Resettlement site selection
The selection of the resettlement site of the displaced populations shall be done by taking into account the availability of the livelihood for the populations.
The populations shall be able to indicate their preferences as for the viable sites which are proposed to them by the project owner.
This preference must be taken into account, as far as possible, by the project owner.
If the site is already inhabited by local communities, approval and consultation of the latter are necessary.
Article 40: Pilot Program of population resettlement
The States Parties shall have obligation to make an effort, from the point of view of populations displacement/resettlement operations, to realize as a preliminary step, a pilot program of a viJlage resettlement, including the re-establishment of the livelihood of the populations in order to draw relevant lessons for a successful implementation of the whole of the resettlement program.
PARAGRAPH 3: COMPENSATION FOR THE AFFECTED PEOPLE
Article 41: Works and improvement of populations' living conditions
The implementation of projects in the basin shal I fall under the prospect of the fight against poverty and sustainable development.
It shall constitute an improvement opportunity of the populations' living conditions by means of increase in their livelihood.
Article 42: People eligible for compensation
Any person affected by the implementation of projects shall have the right to compensation, according to the nature and of the degree of the suffered damage.
Affected people, under the present Appendix, shall include any physical and moral body under public or private law that suffered a material or other loss, because of the implementation of a project .
The compensation shall extend to damages suffered as a result of project implementation which could not be envisaged by the technical, economic and social studies.
The States parties shall harmonize at the national level, the conditions of compensation for the populations affected by the projects, by means of national guiding lines and shall create or reinforce the national and local institutions in charge of the supervision of the whole of the compensation process.
Article 43: Preliminary and fair reparation
The compensation for damages suffered following the implementation of projects shall cover the entirety of the damage suffered by the people affected in particular the material, moral, social and cultural losses.
The compensation for the affected people shall take place before the commencement of the operations of the projects.
The project owner shall take all the necessary measures to avoid any unjustified delay in the compensation of the affected people.
Article 44: Repair in kind or in cash
The compensation for the affected people aims at compensating for the damage suffered by the said affected people and shall take place preferably in the form desired by them.
It may be paid in kind or in cash or both.
PARAGRAPH 4: GUARANTEES OF THE IMPLEMENTATION OF THE PLANS
Article 45: Contractualization of the plans
The States Parties shall take all necessary measures to ensure the Contractualization of the displacement/resettlement plans and the plans for compensation for the people affected in order to give them a sure legal character..
The Contractualization of the plans shall take place by the integration of the plans in an agreement concluded between the project owner and the populations affected through their legitimate representatives.
The plans shall be annexed to the Agreement of which they form integral part.
The Agreement shall be signed by the project owner and the legitimate representatives of the affected people, with the full participation of the appropriate national authorities.
Article 46: Agreement concluded on the basis of an enlightened preliminary assent from the populations
The Agreement between the parties shall be concluded on the basis of an enlightened preliminary assent from the affected populations which shall be based on full knowledge of the facts.
The enlightened preliminary assent shall make it possible for the affected people to be informed on all the consequences of involuntary displacement.
The enlightened preliminary assent of the affected populations shall take place in accordance with the good practices prevailing at the international level as regards displacements/resettlement in particular those of the World Bank, the African development Bank and the World Commission of Dams.
Artic1e 47: Contents of the Agreement
The Agreement between the project owner and the affected populations shall determine the rights and obligations of the parties as well as the methods of their implementation.
It shall contain in particular the following obligatory stipulations :
a) exact identity of the parties to the Agreement;
b) mention of the engagement of the populations affected on the basis of as enlightened preliminary assent and the means used to obtain it;
c) conditions of eligibility of the people choosen for the purpose of compensation;
d) exact identification of the affected people;
e) conditions of evaluation of the damages or categories of damage;
f) measures of compensation for each category of damage;
g) calendar of carrying out the measures of compensation with a deadline;
h) indication of the institution or the person in charge of the implementation of the plan, which already exists or which is to be created;
i) periodic mechanism of evaluation to make sure that the implementation of the plan is in conformity with the initial calendar;
j) penalties in the event of delay in the implementation of the plan and due to reasons other than force majeure;
k) a clause of automatic suspension of execution of the hydraulic project in the event of unjustified delay, by the indexing of the implementation of the plan at the satisfying rhythm of execution of the whole of the project;
1) mechanisms of optional remedies available to parties to the agreement (amiable settlement);
m) indication of the right of the affected people to puersue jurisdicial or administrative remedies, in the event of non-diligent execution of the contractual clauses;
n) methods of participation of the populations in the chairing of the benefit resulting from the implementation of the project;
o) obligations which fall on the populations affected in the implementation of the plans in particular the use of the compensations in accordance with their purpose, the maintenance of the infrastructures placed at their disposal so that this task does not fall systematically on the State or to the project owner;
p) indication, if necessary, of the natural persons or morals entity guarantors of the Agreement such as the ex-members of the government, the ex-judges, the religious or traditional personalities, the ombudsman, the organizations of the civil society.
Article 48: Transparent implementation of the agreements
The States Parties shall take the necessary measures for a transparent implementation of the agreements which closely involve stakeholders that are regularly informed of decision making within the framework of the implementation of the agreements.
Regular evaluations are led to conducted appreciate the level of implementation of the agreements.
PARAGRAPH 5 - SOCIO-ECONOMIC DEVELOPMENT OF AFFECTED
Article 49: Local development plan
The States Parties shall work out and implement in the medium-term, a local development plan, to the benefit of the populations of the area, within the framework of the implementation of project likely to have a significant adverse impact on the environment and society.
The local development plan is an integrated development plan at the local level which contains the whole of operational measures for implementation, within a given period of time to meet the needs of the populations of project , while placing at their disposal the socio economic infrastructures adapted to the needs of the communities concerned, for the improvement of the populations' living conditions.
it is complementary to the environmental and social management plan and allows the whole of the population, affected or not, to profit from basic Community infrastructures in all the fields of economic, social, cultural and human development.
It shall be worked out and implemented jointly by the project owner, the ministry in charge of local development as well as the local government agencies with the close cooperation of the populations.
Article 50: Benefit Sharing
The States Parties shall ensure, throughout the life of the project, an equal sharing of the benefit with the populations resulting from the implementation of the project concerned.
The sharing of benefit aims at ensuring the long-term development of the local area affected by the implementation of the project.
CHAPTER 4: FIGHT AGAINST POLLUTION
Article 51: General obligation to fight against pollution
The Authority and the Member States undertake to cooperate together to prevent and reduce pollution in the Niger basin.
Artic1e 52: Areas of the cooperation against pollution
Protection of the environment through the cooperation against pollution concerns:
a. a. Protection of biodiversity including flora, fauna, fish resources and associated ecosystems;
b. protection of natural resources including soil and water resources through monitoring of physicochemical parameters of water;
c. protecting the environment against hazardous substances including waste, pesticides, residues of fertilizers and other harmful and/ or dangerous chemicals;
d. Protection against agro-pastoral malpractice;
e. Protection against risks arising from hazardous activities such as those deriving from classified establishments, biotechnology activities, mining, oil and gas activities;
f. Protection against natural or manmade disasters or transborder emergencies.
Article 53: General measures to prevent pollution
Member States shall cooperate with the Authority to arrive at mutually acceptable methods and techniques to prevent, reduce and fight against pollution in the Niger basin.
To this end, States parties shall:
a) set goals and criteria for environmental quality;
b) establish techniques and practices in the fight against pollution at source;
c) establish the list of substances whose introduction into the waters of the basin is prohibited, limited or submitted to researches or inspections.
Each State Party shall inform the Authority in due course, of polluting emissions from its territory and likely to have a material adverse effect on the environment in one or more other States Parties.
Article 54: Fight against internal pollutions
States Parties shall cooperate closely with the Authority, for the prevention, control and reduction of pollution on their respective territories.
They undertake individually and collectively through the Authority, to control and fight against any action that would undermine the environmental integrity of the basin and in particular to influence significantly the characteristics of the environment.
They prefer to fight against pollution source.
Article 55: Prevention and fight against transborder polJution
States Parties shall cooperate closely with each other and within the Authority, to prevent cross-border pollution in the activities they undertake or authorize in their territory in the realization of their economic and social development.
However, in case of transborder pollution, the State where the pollution is located and the State affected by pollution shall inform the Authority and immediately enter into consultations to stop pollution and possibly to consider how to repair the damage.
Repairing damage caused by transborder pollution shall be in accordance with the principles and rules of international law.
Article 56: Monitoring the environmental quality of the basin
States shall take the necessary steps to inform as soon as possible, through the Authority, the observatory and other basin States, of changes in the physico-chemical or biological characteristics of natural resources within their national territory, which have already occurred, are occurring or may occur as a result of natural or anthropogenic phenomena.
States for this purpose, with the support of the Authority, shall acquire, construct and implant throughout the basin, the equipment needed for monitoring environmental quality and to this end, shall establish any easement and acquire any building required by all legal means.
CHAPTER 5: CONSERVATION AND SUSTAINABLE USE OF BIOLOGICAL DIVERSITY
SECTION 1: BIOLOGICAL DIVERSITY PROTECTION AREAS PARAGRAPH 1: GENERAL CONSIDERATIONS
Article 57: Creation of conservation areas
States Parties, in cooperation with the Authority, shall promote the creation and protection of areas of conservation of biological diversity.
Biodiversity conservation areas are primarily intended to ensure the propagation of wildlife.
Article 58: Conservation Areas offsetting losses of biodiversity areas
States Parties shall, where the construction works causes major environmental impacts on conservation areas or areas particularly rich in biodiversity, create a new protected area, preferably as a national park or nature reserve to protect the same type of biodiversity that will be lost.
The compensation is funded by the State Party whose work has resulted in the loss of an area of biodiversity.
Article 59: Specific protection of biodiversity areas with international status
States Parties, in cooperation with the Authority, shall pay special attention to protection of biological diversity in areas of international status in the basin.
The protection of biodiversity areas with international status operates in accordance with international conventions binding on States Parties.
PARAGRAPH 2: CATEGORIES OF BIOLOGICAL DIVERSITY CONSERVATION AREAS
Article 60: Strict nature reserves
States Parties shall promote the creation and protection of nature reserves to protect global biodiversity and managed mainly for scientific research and / or monitoring of the environment.
The major conservation objectives assigned to the nature reserves are among others:
a) preserve habitats, ecosystems and species in conditions as undisturbed as possible;
b) maintain genetic resources in a dynamic and evolutionary state;
c) maintain established ecological processes;
d) safeguard the elements and landscape structures, rock formations and cultural heritage;
e) retain copies of the natural environment for scientific study and monitoring of the environment;
f) minimize ecological disruption, by restnctmg public access and by planning and limiting the authorized research and administrative activities.
Article 61: National Parks
States Parties shall promote the creation and protection of national parks for global protection of biodiversity.
Conservation objectives assigned to national parks include:
a) protecting natural areas and landscapes of national and international importance, for spiritual, scientific, educational, recreational or tourism purposes;
b) continuing, under conditions as natural as possible, representative examples of physiographic regions, biotic communities, genetic resources and species to ensure stability and ecological diversity;
c) prevent or eliminate any form of exploitation or occupation inimical to the purposes of designation.
Article 62: Other categories of biodiversity conservation areas
States Parties shall promote the creation and protection in their respective territories of all other categories of biodiversity conservation areas at national level of states or local communities.
They shall be inspired in the creation of other categories of biodiversity conservation areas, by the categories established by the Convention on the Conservation of Nature and Natural Resources of Maputo revised July 11, 2003.
Article 63: Harmonization of the legal system of conservation areas
States Parties, in collaboration with the Authority, shall harmonize the legal regime for different categories of biodiversity conservation area.
This alignment shall include the act and procedures of creation, rights and obligations of different actors and, where appropriate, traditional use rights enjoyed by local residents.
SECTION 2: THE PROTECTION OF FLORA PARAGRAPH 1: FOREST CATEGORIES
Article 64: Public forests
Public forests shall be made up of state-owned forest fields that are property of the concerned State, forest fields of the concerned federate States that are federate -state-owned property and forest fields of concerned local governments' property of the communities.
Public forests shall be classified and protected.
They shall have a management plan which sets out objectives for the forest and the means to achieve them and which was developed with the participation of local communities and based on principles of conservation management and sustained forest production.
They are managed by the Technical Departments of the Ministry responsible for forestry or by natural persons or legal entities of private law on the basis of a specification or a concession contract.
Article 65: Private forests
States Parties shall recognize for the benefit of individuals or legal entities, forest ownership right for forests that were legally acquired or legally planted by them and on which they have a lawful ownership or land title.
Private forests shall be managed by their owner freely in compliance with the general rules of forest protection.
Notwithstanding the foregoing paragraph, the state may undermine the principle of free private forest management by imposing legal restrictions made necessary for the preservation of the natural environment.
Article 66: Community Forests
State parties recognize community forests created by the populations under the protection of biodiversity at the local level.
They shall be run freely by the people and held in their respective structures in conformity with the general rules of conservation.
The states parties shall encourage the creation of community forests and provide technical and financial assistance to their management.
Article 67: Sacred forests
Sacred forests are those that are created and managed by people to satisfy customary and traditional rites.
State parties shall recognize sacred forests as a traditional means of sustainable conservation of biodiversity at the local level.
They are the subject of special attention within the framework of development operations.
PARAGRAPH 2: REGULATION OF FOREST EXPLOITATION
Article 68: Domestic exploitation of forests
States parties shall recognize, with respect to domestic exploitation of forests, traditional use rights as a historic right held by people living near or in the forest, because they depend a lot or almost exclusively on it for their livelihood and they contribute to its conservation.
The traditional rights of use shall be recognized only for people living around forests as rights of subsistence for the satisfaction of personal, individual and family needs of the local population. They are granted free of charge, freely exercised and are inalienable. They cannot be traded.
They consist, within classified forests, in the right of deadwood collection, fruit picking and medicinal plants harvesting. In protected forests, they also include in addition to the aforementioned rights, the right of cutting, right of cropping and right of grazing exerted according to the regulations in force.
Article 69: Commercial exploitation of forests
Commercial exploitation of forests can be exercised by any person or entity under public or private right. These people can act as loggers, transporters, wholesalers and retailers of timber. Same person or entity may exercise many of these activities subject to obtaining the required qualifications for each activity.
Persons wishing to operate the activity of commercial exploitation of forests must be a qualified tradesman, hold a license issued for the category of activity involved and pay taxes and fees required.
They shall also hold various permits or approvals required for the category of activity involved and the conditions of issuance and the rates and terms of payment of which are determined by national legislation.
The commercial exploitation of forests takes place in both public and private forests and includes the obligation to rebuild after clear cutting.
States Parties shall promote the organization of persons involved in commercial exploitation of forests in groups, unions or federations or any appropriate professional structure.
Article 70: Industrial exploitation of forests
The industrial exploitation of forests can be exercised by any legal person, public or private.
The industrial exploitation of forests requires the status of merchant, an authorization, a specification developed by the Minister responsible for Forestry and the payment of taxes and fees, as required.
It is the obligation of any industrial operator, to transform the wood before export in order to increase added value.
The conditions for obtaining the approval, content specifications, degree of wood processing before export and the amount and terms of payment of fees are determined by national laws.
PARAGRAPH 3: PROTECTION OF FORESTS AGAINST FIRES
Article 71: Prohibition of bushfires
The States Parties shall take the necessary measures to prevent and fight against bush fires in the basin.
Bush fires are prohibited regardless of their origin.
The authors and accomplices of bushfires shall be liable to civil and criminal penalties.
Article 72: Development fire permission
Development fires shall be permitted in the basin.
Development fires are practiced to prepare land for cultivation or for pasture renewal rn pastoral areas and protected forests.
They shall be carried out under the technical supervision of forest services in the areas and dates permitted by the local authority.
Classes of development fires and the conditions under which fires are practiced for development shall be determined by national legislation.
Article 73: Recognition of customary fires
States Parties undertake to recognize the practice of customary fires as fires set and controlled on a particular area for the purpose of compliance with customary requirements.
Customary fires are conducted in collaboration with the forest service and local authorities and conducted in compliance with current legislation. They shall be conducted during daylight and calm weather conditions.
The authors of traditional fires shall take necessary measures so that they will not escape their control. They remain civilly and criminally liable for damage caused to people and property during the conduct of these fires.
PARAGRAPH 4: PROTECTION OF FORESTS AGAINST AGRO-PASTORAL AND LAND MANAGEMENT
Article 74: Clearing for subsistence agriculture
The clearing of protected forests for subsistence farming shall be free in the basin; it shall be carried out in compliance with the national regulation in force.
Subsistence agriculture takes place within the framework of ecologically rational husbandries in accordance with the national legislation in force.
Article 75: Clearing large areas of forests
The clearing of large areas of forests and clearings made in the context of agricultural trade or business shall be subject to prior approval and environmental impact assessment.
The clearing of large areas shall be subject to prior authorization and determined by the minister responsible for forests.
Article 76: Restriction on land clearing
The minister responsible for forests of a State Party may decide to withdraw from any land clearing, entire protected forest areas, given their particular importance for maintaining ecological balance.
Article 77: : Regulation of livestock access to forests
Livestock access to forests shall be regulatedby national legislation. This access takes into account the need to avoid overgrazing on forests.
Article 78: Protection in the context of land development planning
States Parties shall take the necessary measures to protect forests as part of land development planning. They shall provide special protection of forests against excavation, quarrying or mining, construction of roads or large administrative, civil or military infrastructure.
PARAGRAPH 5: SPECIFIC PROTECTIONS
Article 79: Protection of particular species of flora
States Parties shall protect in their respective territories, the particular plant species which, because of their usefulness to humans especially in food, medicine, traditional settlement, their ethno-botanical interest or because of specific threats of extinction facing them.
Such tree species shall be subject to special protection measures throughout the territory, regardless of their location. Such specific species can be taken only after explicit authorization of the departments responsible for forests.
Special permits for the cutting of these species may be waived by the appropriate ministry or agency in the context of land clearing and logging.
The list of tree species subject to special measures of protection shall be determined by the appropriate Ministry or agency.
Article 80: Protection of species of flora endangered by international trade
States Parties shall adopt the necessary national measures for better protection of species of flora endangered by international trade.
The protection of species of flora endangered by international trade shall take place in accordance with international conventions binding on States Parties.
SECTION 3: WILDLIFE PROTECTION
PARAGRAPH 1: WILDLIFE PROTECTION BY THE METHOD OF LISTS
Article 81: General obligation of protection
States Parties shall undertake to draw up lists of wildlife depending on the degree of threat to the species determined.
Each list is subjected to a determined legal status.
The protection of species of wild fauna and flora by the method of the lists shall take place in accordance with international conventions in force.
PARAGRAPH 2: PROTECTION OF FAUNA BY REGULATING THE EXPLOITATION OF WILDLIFE RESOURCES
Article 82: Hunting
States Parties shall recognize and regulate the various forms of hunting in their respective territories including traditional hunting for subsistence, sport hunting, commercial hunting.
The exercise of various forms of hunting is conditioned by the possession of a hunting license that is an administrative act by which the forest administration aUows a person to exercise the right to hunt under the conditions determined by the legislation in force on wildlife.
The exercise of hunting rights is subject to payment of fees and charges.
State parties shall seek to harmonize the conditions for issuance of hunting licenses in the Basin.
Article 83: Wildlife farming
The breeding of wildlife in the basin shall be subject to prior authorization in the basin. It shall attract the payment of taxes and fees.
The species in the breeding of wildlife are subject to a return to the forest service.
Article 84: Capture
The practice of catching species of wildlife shall be subject to pnor authorization and possession of a commercial catch permit.
It shall attract payment of taxes and fees.
Article 85: Harvest
Harvesting shall be subject to prior declaration. It shall attract the payment of taxes and fees.
Article 86: Ranching
Ranching shall be recognized in the basin. Its exercise shall be subject to prior authorization. It shall attract the payment of taxes and fees.
The natural movement or migration of animals outside the ranch shall not be hampered by the erection of fencing or other physical barriers.
It shall be subject to regular monitoring by the Forest Service to ensure sound management of the species.
Article 87: Vision Tourism
Vision Tourism shall be recognized in the Niger basin. It shall be conditional on pnor authorization and approval. It shall attract the payment of taxes and fees.
The tranquility of wildlife shall be the least disturbed in the performance of vision tourism.
Article 88: Scientific capturing
Scientific capturing shall be subject to special authorization issued to scientific institutions and organizations by the Minister in charge of wildlife.
Scientific capturing shall be exercised for purposes of scientific research.
SECTION 3: PROTECTION OF SPECIFIC SPECIES
Article 89: Special protection of migratory species of wildlife
The States Parties to the range of migratory species of wildlife shall undertake, within their respective territories, to take the necessary measures so that these species do not become an endangered species in the basin.
They shall cooperate with States not members of the Authority for the protection of migratory species of wild animals in the area of species distribution in the basin.
Protection of migratory species of wildlife shall operate in accordance with international conventions binding on States Parties.
Article 90: Specific protection of wildlife species threatened by international trade
States Parties shall adopt the necessary national measures for better protection of wildlife species threatened by international trade.
The protection of wildlife species threatened by international trade shall take place m accordance with international conventions binding on States Parties.
SECTION 4: SUSTAINABLE MANAGEMENT OF FJSHERJES RESOURCES
Article 91: General obligation of sustainable management
States Parties undertake to promote sustainable and responsible fisheries in the basin. They shall to this end, take appropriate measures to ensure sustainable exploitation of fisheries resources in the basin.
Article 92: Fish reserves and prohibition
The Authority, in cooperation with the States Parties undertake to establish conservation areas of fisheries resources through fish reserves and prohibition of fishing in a part of the aquatic area to ensure the maintenance of brood stock.
Article 93: Harmonization of fishing regulations
The Authority, in cooperation with States Parties, shall hannonize national laws on fishing in the basin.
This harmonization shall include the conditions for exerc1smg the right to fish, fishing periods, forms, methods and fishing gear, the species allowed for fishing and management of fish reserves and areas of prohibited fishing.
The harmonization of fishing legislation shall be implemented by a decision of the Council of Ministers.
Article 94: Health control
The health inspection and control of fishery products shall be provided by Member States in accordance with international standards in this area including sanitary and phytosanitary standards developed by appropriate international organizations.
SECTION 5: SPECIFIC PROTECTION OF AQUATIC ECOSYSTEMS
Article 95: Maintaining an environmental flow
States undertake, as part of the qualitative and quantitative protection of water resources, to preserve an environmental flow in rivers of the basin to ensure the life of aquatic ecosystems and the services they render to the people.
Environmental flows are variable depending on the time of the year.
Environmental flows to maintain, and their implementation modalities, shall be defined by the regulation of the Niger basin water.
..2.§.: Controlling the introduction of new invasive species
States shall take all necessary measures to control and fight against the introduction of new invasive species of fauna and flora, which may adversely affect the ecosystem of the basin.
The introduction of new invasive species of fauna and flora shall be subject to prior authorization of the competent national authorities.
Article 97: Fight against diseases related to water
States and the Authority shall jointly develop and implement programs and strategies for prevention and eradication of waterborne diseases in the basin.
Article 98: Specific protection of wetlands
States Parties shall give special attention to the protection of wetlands, heads areas of waters sources, deltas and ponds in the basin.
Management of wetlands of international importance shall take place m accordance with international conventions binding on member states of the Authority.
Article 99: Fight against sand encroachment and degradation of the banks
States Parties, in cooperation with the Authority, shall take the necessary measures to fight against sand encroachment and degradation of the banks of rivers and lakes, natural or artificial basin.
They shall undertake to this end, actions to:
a) address the factors favoring erosion including regulating the agro-pastoral activities, deforestation and practice of fire;
b) proceed to the delimitation and demarcation of public domain water to prevent any encroachment by others.
SECTION 6: PROTECTION OF GENETIC RESOURCES AND RIGHTS OF LOCAL COMMUNITIES PARAGRAPH!: GENERAL OBLIGATIONS
Article 100: Obligation to preserve genetic resources of the basin
States Parties shall ensure the protection of genetic resources of the basin and the rights of local communities who are linked thereto.
This protection is of general interest.
Access, exploitation and utilization of genetic resources and protection of knowledge of local communities shall take place within the framework of the programmeof poverty reduction and sustainable development of the basin.
ArticlelOl: Utilization of genetic resources and environmental protection
Genetic resources of the basin are exploited and used so as not to cause significant damage to the environment or the depletion of national genetic resources.
States Parties shall take the necessary steps to safeguard and protect from a DNA anarchy, the local plant and animal species rare and endangered.
PARAGRAPH 2: ACCESS TO GENETIC RESOURCES
Article 102: Regulated access to genetic resources
The access to genetic resources and innovations, practices, knowledge and technologies of local communities in the basin shall be subject to prior informed consent of the State that is the resource provider on the one hand, and of concerned local communities on the other hand.
Article 103: Agreement on access to genetic resources
Prior informed consent of the state shall be obtained by means of an agreement between the State owner of the genetic resource represented by the Competent National Authority and the beneficiary institution.
The agreement between the State and the recipient institution regarding the genetic resources and/ or local knowledge and technology makes the following obligations the responsibility of the recipient institution:
a. meeting the qualitative and quantitative limits laid down by the competent national authority on the biological resource that the collector may obtain and / or export;
b. Committing to give a copy of each specimen biological resource with complete information from the field, or the registration of any innovation, practice, knowledge or technology that has been collected in a community, to government agencies duly designated for that purpose and, where appropriate, to local community organizations;
c. informing the competent national authority and the local community about all the results of research and development carried out from the resource;
d. not transferring to a third party the biological resource or any derivative thereof, or any innovation, practice, knowledge or technology of a local community without the permission of the competent national authority and the communities concerned;
e. rewarding the State and / or the relevant local community for their contribution in the regeneration and conservation of biological resources and sustaining innovation, practices, knowledge or technology to which access is sought;
f. submitting regularly to the State or the concerned local community, a report on the research and development on the resource and, if large quantities are taken, a statement on the environmental status of the site;
g. complying with the laws of the country particularly those regarding sanitary control, biosafety and protection of the environment and cultural practices, values and traditional customs of local communities;
h. making every effort to ensure that research is conducted m the country of the entity providing the biological resource.
PARAGRAPH 3: FAIR AND EQUITABLE SHARING OF BENEFITS
Article 104: Profit sharing for the benefit of States
States Parties shall in relation to genetic resources be, fair and equitable in the sharing of research results and development and the benefits arising from commercial exploitation and other genetic resources to which they have authorized access.
This division relates to the patent and other intellectual property rights and the benefits arising from commercial exploitation of genetic resources by international companies.
Article 105: Profit sharing for the benefit of local people
States members of the Authority shall to provide local communities, at least 50% of funds received through the sharing of benefits arising from utilization of genetic resources of the basin.
These financial resources must contribute to the financing of local development for the benefit of those people who have preserved these resources.
PARAGRAPH 4: RIGHTS OF LOCAL COMMUNITIES
Article 106: Recognition and protection of the rights of local communities
The Authority and the State parties shall recognize and protect by appropriate means, the rights oflocal communities over genetic resources.
The rights of local communities for biological and genetic resources include:
a) the right to collectively benefit from the use of their biological and genetic resources;
b) the right to collectively benefit from the use of their innovations. practices, knowledge and technologies on genetic resources acquired over generations;
c) the right to exploit their innovations, practices, knowledge and technologies for the conservation and sustainable use of biodiversity;
d) the right of local communities to collectively exercise the rights enshrined, as holders and legitimate users of their biological and genetic resources.
The non-registration of any innovation, practice, knowledge or technologies of local communities does not mean that it is not protected by Community Intellectual Rights.
Article 107: Restrictions imposed by local communities
Local communities can ban access to biological resources, innovations, practices, knowledge and technologies where such access will be detrimental to the integrity of their natural or cultural heritage.
They can withdraw their consent or restrict activities from access, if these activities are likely to be detrimental to their socio-economic life or their natural or cultural heritage.
PARAGRAPH 5: PROMOTIONAL MEASURES
Article 108: Strengthening national capacities for genetic resources management
States Parties for the purpose of strengthening their capacity to regulate access and benefit sharing, take administrative measures to encourage the training of scientific personnel, civil society organizations and community-based organizations, concerning knowledge and the development of genetic resources, through cooperative programs for the conservation and enhancement of biodiversity.
They establish partnerships with research institutions and specialized agencies concerning the transfer of technology, including techniques of preservation and enhancement of genetic resources that determine the conditions of access and benefit sharing of genetic resources.
Article 109: National Legislation
States parties have a period of four years from the adoption of this Appendix on the Protection of the Environment of the Niger basin to adopt national legislation on access and benefit sharing arising from exploitation of genetic resources in accordance with relevant international conventions.
SECTION 6: CROSS-BORDER COOPERATION FOR THE CONSERVATION OF SHARED BIOLOGICAL DIVERSITY
PARAGRAPH 1:_CROSS-BORDER CONSERVATION AREAS
Article 110: Promotion of Cross-border Conservation Areas
States Parties shall promote the creation, expansion or consolidation of cross-border conservation areas of biodiversity.
They undertake to establish and protect border migration corridors for wildlife, with an appropriate status to ensure better protection of Migratory Species of Wild Animals.
Article 111: Harmonization of national laws
The Authority, in cooperation with States Parties, shall harmonize national laws applicable to each transborder conservation area.
PARAGRAPH 2: RIGHT OF HOT PURSUIT
Article 112: Recognition of the right of hot pursuit
The right of hot pursuit shaJl be recognized, in flagrante delicto on Biological Diversity, to the responsible officers of the States Parties on both sides of the border, for punishment of crimes committed in violation of the provisions of this Appendix.
The right of hot pursuit shall go together with the obligation to report as soon as possible to the competent national authorities, who in turn shall inform the authorities of the countries on whose territory the right of hot pursuit has been exercised.
Article 113: Procedures for exercising the right of hot pursuit
The person who committed the offense in a country and was arrested in a foreign territory shall be transferred to the territory of the State where the offense was committed and sued in the courts if he resides in the State where the offense has been committed.
The person who committed the offense in a country and arrested in the teITitory of another state shall be given to the competent authorities of the State where it is arrested if any resident was prosecuted before the competent courts.
The person who committed the offense in the country and was arrested on the territory of another State in which he does not reside shall be transferred and kept on the territory of the place of commission of the offense in accordance with national legislation. The competent authorities of the place of residence of the person are informed of the charges against the offender and of the custody for the purposes of the investigation. At the expiration of custody required by the Jaws of the place of arrest and if there is no reaction from the authorities of the country of residence, the offender will be prosecuted under the laws of the country where the crime was committed.
Article 114: Probative value of the minutes of finding violations
The minutes drawn up by officers who found the offense shall be prima facie evidence to the contrary in the national legal systems, irrespective of the nationality of the agent who prepared the report.
Article 115: Seizures
Competent staff shall conduct criminal seizure of proceeds and equipment used m the commission of the offense.
The offending products and materials used shall be under the control of the court or of the competent authority.
Article 116: Penalties
The criminal penalties for the offender shall be those provided by the legislation on fauna and flora in force in the state of prosecution.
The competent court may also decide in favor of the State who has exercised the prosecution, confiscation of objects, instruments, weapons and materials of any kind relating directly or indirectly served or helped to commit the offense.
CHAPTER 6: COMBATING LAND DEGRADATION
Article 117: Preservation of soil quality
The Authority and the Member States shall undertake the necessary measures to reverse land degradation in the Niger basin and to maintain its quality through the maintenance of its physical, chemical, biological or economic nature.
State Parties shall undertake to this end, to fight, individually and collectively, against the factors of land degradation including pollution, erosion and poor agro-pastoral practices.
Article 118: Prior Authorization
The following activities shall be subject to prior authorization, any assignment or land development for industrial, mining, tourism, commercial or urban purposes; research activities for the exploration or exploitation of mineral and sub- soil resources that may be harmful to the environment.
National texts shall lay down specific conditions for issuing the permission.
Article 119: Restoration of degraded lands
State Parties shall take appropriate measures to restore degraded lands, including those affected by water and wind erosion, quarries for extraction of construction materials and artisanal and industrial mining.
They shall give privilege to traditional or local conservation and sustainable use of land.
Article 120: Integrated conservation strategies
Member States shall develop and implement integrated national strategies for long-term conservation and sustainable management of soil resources in the basin.
The Authority shall adopt a regional strategy for soil conservation in the basin.
Article 121: Standards of pollutants deposits in soil
The Authority, for protection against pollution in the basin, shall, in cooperation with States Parties, determine the standards of pollutants deposits in soil.
Standards of pollutants deposits shal I reflect the nature of pollutants and the fragility and ecological characteristics of the receiving environment.
States Parties shall be responsible for ensuring compliance with the objectives of pollutant deposits in accordance with paragraph one and use for this purpose, as far as possible, the best technology available in the basin.
Article 122: Prior authorization of deposits
Any pollutant deposition in soils of the basin shall be subject either to authorization of disposal or prior notification of pollution in accordance with pollution standards.
Any pollutant deposits that may pose hazards to health and safety or adversely affect the biodiversity of the basin shall be subject to disposal
Article 123: Issuance of special disposal permits
Landfill permissions shall be issued by states parties to natural or legal persons who so request, in accordance with nationaJ Jaws.
Article 124: Pollution tax
Individuals or entities that have permission to deposit in the soil shall be subject to an annual tax for contribution to the costs of prevention, control and reduction of pollution incurred by the government.
The tax, whose amount shall be determined by the Authority, 1s collected by national authorities in accordance with their rules and financial procedures.
The proceed of the tax is distributed between the Authority and the States Parties.
Payment of the pollution tax does not exempt individuals or other legal entities from liability in case of damage to people or property or criminal liability in case of actions constituting violations in accordance with domestic law.
Standards of pollutant deposits, nomenclature of pollutant deposits subject to authorization or declaration and the allocation of the pollution tax between the Authority and States Parties shall be determined by decision of the Council of Ministers.
Article 125: Monitoring soil quality
States Parties shall agree, within the framework of prevention, reduction, control and fight against pollution, to establish, through the Niger Basin Observatory, a regional system of monitoring the soil quality in the basin.
They shall take steps to inform as soon as possible, through the Authority, other States Parties of the basin, of changes in the physico-chemical and biological nature of the basin soil located on their territory, which have already occurred, are currently occurring or may occur as a result of natural or anthropogenic phenomena.
They shal1 take steps to inform as soon as possible, through the Authority, other States Parties, of any accidental pollution or any significant modification of the physico-chemical and biological nature of the soil that may be harmful to the environment of the Basin.
CHAPTER 7: COMBATING DESERTIFICATION AND CLIMATE CHANGE
Article 126: Fight against Desertification, deforestation and Drought
States Parties, in cooperation with the Authority, shall undertake, in accordance with international conventions in force, the necessary measures to combat desertification and mitigate the effects of drought in the basin.
They shall pay particular attention to:
a) prevention and reduction of land degradation;
b) reclamation of partly degraded land and reclamation of desertified land by focusing on reforestation and endogenous techniques of land reclamation;
c) strengthening the scientific, technical and logistical preparation for the launch of early warning;
d) strengthening of drought preparedness and drought management;
e) the establishment and strengthening of food safety systems.
f) promotion of development research activities in the fight against desertification and drought.
Article 127: Fight against the adverse effects of climate change
States Parties, in cooperation with the Authority, shall, in accordance with international conventions, fight against climate change impacts in the basin.
They shall adopt, in this regard, the necessary measures to:
a) mitigate emissions of greenhouse gases;
b) adapt to climate change;
c) effectively access to technology transfer;
d) mobilize funding for the fight against climate change.
CHAPTER 8: QUANTITATIVE AND QUALITATIVE PROTECTION OF WATER
RESOURCES
SECTION 1: SCHEME WORKS, HYDRAULIC WORKS AND ACTIVITIES
Article 128: Notification, consultation and negotiation
The realization of any project or program likely to have a significant negative impact on the water resources of the basin shall be subjected to the obligation of notification, consultation and negotiation in accordance with the provisions of chapter VI of the Water Charter of the Niger basin
Article 129: Environmental and Social Impact Assessment
Hydraulic works likely to have a negative impact on the water resources qualitatively and quantitatively, shall be subjected to environmental and social impact assessment.
The Authority shall draw up the list of the installations, works, and activities subjected to the environmental and social impact assessment and shall submit it for approval by the Council of Ministers.
SECTION 2: PROTECTION OF PUBLIC WATER
Article 130: Delimitation and demarcation of public water
States Parties undertake the delimitation and demarcation of public domain water for prevention of encroachment by others.
The delimitation and demarcation of public water when they infringe upon the rights of others, shall lead to a fair and prior compensation for people affected by these operations.
Article 131: Specific protection of water points for human consumption
States Parties shall ensure special protection of water points for human consumption through the establishment of protection areas.
The protection areas shall aim to:
a) prevent damage to hydraulic structures;
b) prevent spills or leaks of pollutants in or near the catchment;
c) prohibit or regulate activities other than those necessary for the operation or maintenance of the catchment and would have damaging consequences on water quality or flow;
d) Enforce compliance of existing operations;
e) protect against the capture of point source pollution.
The determination of the different protection areas and their respective legal matter shall be determined by national law.
SECTION 3: RULES OF COLLECTION
Article 132: Prior authorization and prior notification
Water withdrawals in the basin shall be subject either to prior authorization or to prior notification.
Water withdrawals that may adversely affect water resources, alter the hydrological regime of the basin or jeopardize the life of aquatic ecosystems shall be subject to prior authorization,.
Article 133: Licensing of collection
Collection authorizations shall be issued by States Parties to the natural or legal persons who so request, in accordance with procedures prescribed by national laws and the opinion of the Authority.
Article 134: Tax or fee collection
Any person or entity who receives a permit to take water shall be subject to payment of a fee or royalty in accordance with the Water Charter of the the Niger Basin.
The tax or fee, whose amount shall be determined by the Authority, shall be collected by national authorities in accordance with financial rules and procedures prescribed by national laws.
The implementation of this section does not affect the right to water guaranteed by the Water Charter of the the Niger Basin.
Article 135: Implementation of collections
The nomenclature of collections subject to authorization or declaration and the allocation of proceeds of tax or fee on water collection between the Authority and States Parties shaJI be determined by decision of the Council of Ministers
SECTION 3: REGULATION OF POLLUTING DISCHARGES INTO WATER
Article 136: Standards of pollutant discharge in water
The Authority, for protection against pollution in the basin, shall, in cooperation with States Parties, establish the pollutant discharge standards in water.
Pollutant discharge standards shall reflect the nature of pollutants and the fragility and ecological characteristics of the receiving environment.
States Parties are responsible for ensuring compliance with the objectives of pollutantdischarges in accordance with paragraph one and use for this purpose, as far as possible, the best technology available in the basin.
Article 137: Prior authorization and prior notification
Any pollutant discharge into waters of the basin shall be subject to disposal authorization or prior notification in accordance with pollution standards.
Are subject to authorization of release, pollutants releases that may pose hazards to health and safety or adversely affect the biodiversity of the basin.
Article 138: Issuance of discharge permits
The discharge permits shall be issued by States Parties to the natural or legal persons who so request, in accordance with the discharge standards and procedures prescribed by national legislation in force, after consultation with the Authority.
Article 139: Pollution tax
Individuals or entities that have permission to discharge into the natural environment are subject to an annual tax as contribution to the costs of prevention, control and reduction of pollution incurred by the government.
The tax, whose amount shall be determined by the Authority, 1s collected by national authorities in accordance with their rules and financial procedures.
Payment of the pollution tax does not exempt individuals or legal entities from their liability in case of damage to people or property or criminal liability in case of actions constituting violations in accordance with domestic law.
Article 140: Implementation of pollutant discharge standards
Pollutant discharge standards, the nomenclature of pollutant releases that are subject to authorization or declaration and the allocation of the pollution tax between the Authority and States Parties shall be determined by the Council of Ministers.
Article 141: Water quality monitoring
State parties shall agree within the framework of prevention, reduction, control and fight against pollution, to establish, through the observatory of the Niger basin Authority, a regional system of monitoring of water quality in the basin.
They shall take steps to inform as soon as possible, the Authority and other Member States, through the Niger Basin Observatory, of changes in the physico-chemical or biological nature of stream of the basin located on their National territory, which have already occurred, are occurring or may occur as a result of naturally occurring or anthropogenic phenomena.
They shall take steps to inform as soon as possible, through the Authority, other basin states, of possible pollution incidents, or any significant modification of the physico-chemical or biological nature of the water injurious to other States.
Article-142: Standards of water potabiJity
The Authority shall encourage States Parties to establish standards of water potability in order to protect public health.
These standards shall take account of the standards worked out by the qualified international organizations.
CHAPTER 9: RULES OF CLASSIFIED ENTITIES
SECTION 1: COMMON PROVISIONS FOR CLASSIFIED ENTITIES
Article 143: Prior Authorization
The opening of classified establishments shall be subject either to prior authorization or to prior notification to the competent national authority.
Classified establishments that present major hazards to the safety of persons or property or the environment shall be subject to prior authorization.
Article 144: Environmental and Social Impact Assessment
Classified establishments whose activities are likely to have negative impacts on the environment and human health are subject to environmental and social impact assessment.
The study of environmental and social impact is part of the record of authorization of the activity envisaged by the developer.
Article 145: Environmental compliance
Classified establishments must comply with environmental standards in force in each State Party, including process standards, product standards and emission standards.
Article 146: Site reclamation after operation
States Parties shall take measures necessary for the reclamation of classified establishments after their operation.
The reinstatement of the site aims to clean up the site, recover arable land, make it regenerate the canopy or to prepare the site for another use.
It is the responsibility of the operator.
Article 147: Environmental taxation
State Parties shall create an environmental tax to be paid by any classified establishment in its opening and annual environmental tax for contribution to the national effort to preserve the environment undertaken by public authorities.
Article 148: Control of classified establishments
State Parties shall create specialized bodies to ensure effective control of classified establishments in environmental matters.
They equip such specialized bodies for this purpose, with the legal, financial and material resources for carrying out their mission.
Article 149: Annual Report
Classified facility operators shall develop an annual report on the environmental situation, the implementation of environmental management plan and environmental monitoring.
Article 150: Implementation
The list of classified establishments subject to prior authorization or prior notification, to environmental and social impact study, the rate of tax and environmental levy, as well as the procedures for reclamation of sites after operations shall be determined by decision of the Council Ministers.
SECTION 2: SPECIFIC PROVISIONS FOR THE PROTECTION OF MINING, OIL AND GAS ENVIRONMENT
Article 151: Conduct of mining, oil and gas activities
Mining, oil and gas activities shall be conducted to ensure the rational exploitation of mineral resources and fossil fuels and to minimize their negative impact on the physical environment, people, customs and ancestral customs.
Companies shall conduct their research using techniques to prevent and avoid pollution of the environment and the preservation of biodiversity.
Article 152: Environmental protection zones
States Parties shall establish within the perimeters of oil and gas prospecting, exploration or mining, environmental protection zones for the protection of the environment.
The creation of such zones shall be conditioned to conducting a public inquiry.
Article 153: Mines, oil and gas site reclamation fund
State Parties shall open and feed, where they do not exist, at the Central Bank or a commercial bank, a trust account for the establishment of a fund to cover the costs of implementing the program of environmental conservation and management plan specifically environmental and site reclamation after operation.
CHAPTER 10: RULES OF PASTORAL ACTIVITIES
Article 154: Pastoral rights
Pastoral rights shall be recognized to pastors of the basin, the right to exploit grazing resources including plant resources, and mineral water for livestock feeding.
The exercise of pastoral rights shall take place in respect of rights of different categories of users of rural natural resources.
Article 155: Sustainable pastoralism
The exploitation of grazing resources for livestock feeding shall take place in sustainable pastoralism in order to preserve the rights of present and future generations.
Article 156: Role of pastors and pastor organizations in protecting the environment
Pastors and pastor organizations shall bring their contribution to support environmental protection and the fight against desertification.
They shall contribute, in collaboration with relevant technical services and other users, to maintaining natural ecosystems, their functioning and balanced development of their productive potential.
They shall assist in monitoring the natural environment, particularly in alerting on pollution and the fight against bushfires.
Article 157: Internal transhumance
Transhumance shall take place internally in accordance with national laws which define the modalities, implementation, dispute resolution and punishment of crimes.
Each State Party shall endeavor to inform other states of its national legislation on pastoralism.
Article 158: Cross-border transhumance
The right to move cattle for grazing shall take place throughout the basin and includes, as part of cross-border transhumance, the right to cross national borders.
Transnational transhumance shall take place in accordance with bilateral and sub-regional agreements that bind states.
As part of transnational transhumance, any transhumant pastor must comply with national legislation of the host country in particular the detention of transhumance certificate, compliance with the ports of entry and exit, the times of entry and exit as well as transhumance routes.
CHAPTER 11: ENVIRONMENTAL PROTECTION AGAINST THE HARMFUL EFFECTS OF GENETICALLY MODIFIED ORGANISMS
SECTION!: REGULATION OF THE INTRODUCTION OF GENETICALLY MODIFIED ORGANISMS
Article 159: Prior Authorization
Any use of genetically modified organisms in the basin shall be subject to prior authorization knowingly, by the National Authority responsible for biosafety.
Article 160: Risk assessment
All transactions relating to genetically modified organisms must be preceded by a risk assessment to ensure that the proposed transaction will not result in adverse effects on human, animal and plant safety, as well as protection of biodiversity and the environment.
The risk assessment shall identify the likely risks associated with biotechnology activity, assess the likelihood that these risks occur, manage the identified risks, analyze the costs and benefits related to the risks identified and finally consider the effectiveness and sustainability of alternatives to the introduction of genetically modified organisms.
It shall be conducted under the supervision of the Competent National Authority.
Article 161: Public Information
States shall organize appropriate information of the public on genetically modified organisms.
If notified by a person of their intention to use GMOs, the competent national authority on biosafety shall make public relevant information on non-confidential biotechnology activity and organize a public consultation on the issue, at the expense of the notifier.
ArticJe 162: Authorization decision
Prior authorization for the use of genetically modified organisms may be granted by the Competent National Authority if it determines that the transaction i) would benefit the country without causing harmful risk to human, animal, biodiversity health and the environment, ii) contributes to sustainable development, iii) would not be detrimental to the socio-economic environment, iv) is not contrary to the rules of ethics, and v) takes into account local community concerns and does not harm communities knowledge and technology.
In any event, the Competent National Authority commits its responsibility for licensing, the latter being given by a prior informed consent. The prior informed consent means any agreement given on the basis of all necessary information with the sole responsibility of the competent national authority that awards the license.
SECTION 2: CONDUCT OF BIOTECHNOLOGICAL OPERATIONS
Article 163: Observance of biosecurity measures at biotech operations.
Any authorized biotechnology operation, shall, according to the nature of the operation, follow the biosecurity rules i.e. the specific security measures required for the proposed transaction.
Biosecurity rules include, as appropriate, good laboratory practices, good manufacturing practices, or good distribution practices and the rules of ethics on GMOs, the various stages of biotech operations.
Article 164: Experimental Genetically Modified Organisms in confined areas
Any use of genetically modified organisms or products thereof for teaching, research or industrial production, shall be subject to a prior confinement.
Confinement involves the isolation of genetically modified organisms to limit their contact with the outside world and the impact on the natural environment. It implements physical, chemical and / or biological barriers in laboratories or any other facility with appropriate equipment.
The methods of containment are based on categories of biotechnological work that are set according to risk level and degrees of security to match.
Article 165: Genetically Modified Organisms experiment in open areas
When the work contained in biotechnology require tests or applications in an open environment before their release, the person intending to carry out testing or open field testing must submit themselves i) to evaluation of their research or development of GMOs, under the supervision of the competent national authority, ii) organization by the competent national authority of an awareness and a public consultation about the test or application, with an indication of risk to human health and the environment and the opportunity for public comment; iii) to compliance with the test procedure in an open environment, which must guarantee the security of populations, animals and the environment.
Article 166: Involvement of national research institutions
Any use of GMOs for purposes of teaching and research shall be necessarily done m collaboration with the national research and education institutions.
The details of this collaboration are determined by the laws in force and particularly the research protocols.
SECTION 3: RELEASE OF GMOs
Article 167: Deliberate release
Any deliberate release of genetically modified organisms shall be subject to:
a) notification to the competent national authority, of the intention of dissemination;
b) submission of genetically modified organisms to appropriate quarantine measures for the needs of assessment and risk management;
c) adoption of a strategy and response plan for responding to accidents, disasters and potential hazards associated with them;
d) the performance by the Competent National Authority, of an ethical, social and economic impact assessment in order to detect the impact of the release on people and the environment and to take mitigation measures.
Article 168: Unintended release
Users of genetically modified organisms shall develop an emergency plan to deal with biotech accidents resulting from an accidental release of genetically modified organisms.
Information on measures and safety precautions to take in case of accident is made available to people who may be affected by the accident.
SECTION 4: MOVEMENT OF GENETICALLY MODIFIED ORGANISMS
Article 169: Internal movements of genetically modified organisms
Marketing or distribution of genetically modified organisms or products thereof in the basin shall be provided on the basis of rules defined by the Council of Ministers.
In any event, geneticalJy modified organisms or products should be clearly marked "Products containing genetically modified organisms" or "contains genetically modified organisms."
Article 170: Trans border movement of genetically modified organisms
Transborder movements of genetically modified organisms shall take place in accordance with international conventions binding on States members of the Authority in this regard.
SECTION 5: BIOTECH DISCLAIMER
Article 171: Criminal responsibility
State Parties shall take steps withinthe domestic legal provisions to punish crimes committed in modem biotechnology in the context of this Appendix.
Article 172: Civil responsibility
Any person who causes damage to others, because of the use of genetically modified organisms or their derivative products, must completely make good the damage which results from it.
CHAPTER 12: WASTE MANAGEMENT
SECTION 1: COMMON PROVISIONS
Article 173: Obligation of environmentally sound management of waste
States Parties shall ensure, within their respective territories, the environmentally sound management of wastes including household, industrial and hospital wastes for the protection of the environment and human health.
Article 174: Prevention and limitation of waste production and harmfulness
States Parties for the purpose of preventing the proliferation of waste and facilitating management of waste with a particular threat to the environment or reducing their amount or harmfulness, shall take all appropriate measures to:
a) promote research, development and use of environmentally sound technologies;
b) regulate the production of waste particularly by setting quantitative targets or any provision to encourage the use of waste as raw material of a determined process of consumption;
c) enhance recovery of domestic solid wastes by companies that produce them and others;
d) promote appropriate technologies for disposal of hazardous substances contained in waste destined for recovery;
Article 175: Waste management planning
States Parties shall develop, in the context of sustainable development, a waste management plan.
The waste management plan shall include:
a) a description of the types, quantities and sources of waste, the methods of management of waste produced and transported each year, the plants in operation and the sites occupied;
b) an inventory of regulatory and general measures in force having an impact on waste management;
c) a description of the likely developments in the sector and the objectives to reach in terms of waste management;
d) projects and actions to implement for prevention, recovery and disposal, methods and management techniques advocated as well as the natural or legal persons empowered to manage waste.
Article 176: Recycling and Recovery
States shall promote to the extent possible, the recovery of waste through recycling. To this end, the appropriate Ministry or agency shall:
a) regulate the uses of certain materials, parts or energy to facilitate recovery;
b) establish technical criteria to be met by recycled materials;
c) provide grants to facilitate and encourage the recovery and reuse of materials and / or energy contained in waste;
d) take appropriate measures to promote the use of recycled products;
e) set recovery targets for categories of waste they determine.
SECTION 2: HOUSEHOLD WASTE
Article 177: Household Waste Management
States parties shall ensure the environmentally sound management of waste.
The management of household waste shall include pre-collection, collection and processing of waste.
Household wastes shall be those from the usual household activities or assimilated.
Article 178: Role of national administrations in charge of household waste management
States Parties shall strengthen the technical and financial capacities of local authorities for the environmentally sound management of waste.
SECTION 3: INDUSTRIAL WASTE AND RELATED WASTE
Article 179: Obligation of industrial and related waste treatment
Industrial, commercial or craft companies are required to manage the waste resulting from a process of manufacturing, processing or using a material or product.
Biomedical wastes from health facilities, due to their toxic and pathogenic nature, shall be treated as industrial waste.
Waste management industry shall operate in accordance with national laws.
Article 180: Compliance with discharge standards
States Parties shall take measures necessary to ensure compliance by industrial, commercial or craft companies with discharge standards in the basin, including standards for discharge into water and disposal in the soil.
Article 181: Regional centers for industrial waste treatment
The Authority, in cooperation with Member States and relevant international institutions, shall promote creativity in the basin, regional centers of industrial waste treatment.
SECTION 4: HAZARDOUS WASTE FROM ABROAD
Article 182: Import of dangerous waste
The import and transit in the basin of dangerous waste coming from foreign countries shall take place in accordance with international conventions which bind the States Parties on the matter.
CHAPTER 13: MANAGEMENT OF DANGEROUS AND HARMFUL SUBSTANCES
SECTION 1: GENERAL PROVISIONS
Article 183: Prior Authorization
The manufacturing, packaging, repackaging, storage, use, marketing or disposal in the environment of harmful chemicals and dangerous substances, because of their toxicity, radioactivity or concentration in biological chains, that present or may present a danger to humans and the environment are subject to prior authorization.
Article 184: Regulation
States shall adopt such necessary ,the measures that determine:
a) obligations of manufacturers and importers of hazardous and harmful chemicals for marketing with regard to disclosure to environmental department of information relating to the composition of preparations placed on the market, the volume sold and their potential effects on humans and their environment;
b) the list of substances whose production, import, transit and traffic on national territory are prohibited or require prior authorization of services responsible for control and monitoring of harmful and dangerous chemicals;
c) arrangements and the itinerary and all transportation requirements for packaging and marketing of the above substances.
Article 185: Emergency Actions
States Parties shall take the necessary steps to proceed, when the gravity and imminence of the danger warrant it, to the destruction and neutralization by the competent services at the expense of the holder of hazardous and noxious substances.
Articles 186: Supplies of dangerous substances establishments
Establishments in which hazardous or dangerous substances are produced or handled must be equipped with filtration, purification, neutralization and storage devices in order to prevent any environmental pollution.
The facilities in which noxious or dangerous chemicals are routinely manipulated must prevent pollution by conducting regular inspections of environmental quality in the entire perimeter of the facility installation.
SECTION 2: SPECIFIC PROVISIONS ON PESTICIDES AND FERTILIZERS
Article 187: Registration
The import and production in the basin, of pesticides and fertilizers are subject to approval by the competent authorities.
The Authority shall establish and regularly update the list of pesticides and fertilizers approved that can be used in the basin.
Article 188: Approval
The use, distribution, marketing of any pesticide shall be conditioned to obtaining a license or a temporary authorization for placing on the market.
Article 189: Obsolete pesticides and fertilizers
Stocks of pesticides and fertilizers outdated or obsolete shall be destroyed without delay by the holder or owner, under the supervision of technical services responsible for the environment.
The destruction costs shall be borne by the owner or holder of such products.
CHAPTER 14: PREVENTION AND MANAGEMENT OF INTERNAL CATASTROPHIES AND TRANSBORDER EMERGENCY SITUATIONS
SECTION 1: COMMON PROVISIONS
Article 190: Obligation of internal catastrophies and transborder emergency situations management
States Parties and the Authority shall agree to jointly manage emergencies m the basin, whether domestic or cross- border.
The management of emergency shall aim to ensure permanent protection of people, property and environment against the risks of serious accidents, calamities or disasters and the effects that may result from these claims.
The management of emergencies shalJ include prevention, mitigation, protection and rescue organization.
Article.191: Development of contingency plans
States Parties, for the prevention and fight against emergencies, shall develop and implement jointly with the Authority, both at national and regional levels contingency plans and adapt them to mitigate, eliminate or reduce damage that may be caused by emergency situations to people and environment of the Basin.
They shall take measures necessary to maintain these plans in a functional state.
SECTION 2: NATIONAL EMERGENCY
Article 192: Legislation on prevention and management of emergencies
States Parties shall adopt adequate legislation on prevention and management of emergencies.
National legislation shall include the procedures for disaster prevention, the conditions for triggering relief operations, terms of emergency relief and compensation schemes for victims.
Article 193: plans for prevention and disaster management
States Parties undertake to adopt and implement national action plans for disaster prevention and management.
The measures necessary for prevention of disasters and rescue organization are taken under the national plan for disaster prevention and relief organization.
Article 194: Strengthening national agencies for disaster prevention and management
States Parties shall strengthen the national agencies for disaster prevention and management by providing them with adequate human, material and financial resources for the effective performance of their duties.
They ensure the continued professional capacity reinforcement of staff of national agencies for prevention of emergencies and relief in case of disaster.
Article 195: National funds for disaster management
States, for the prevention and management of natural and manmade disasters, establish national funds for disaster management to cope with emergencies.
The terms of organization and functioning of national funds for disaster management shall be regulated by national legislation.
SECTION 3: CROSS-BORDER EMERGENCY SITUATIONS
Article 196: Emergency Notification
States Parties shall immediately notify other States parties and the Authority, of any disaster naturaJ or man-made affecting the basin's environment and originating on their territory which may affect suddenly and negatively other basin States.
The notification shall include an indication of the nature and characteristics of the emergency, steps taken by the affected State to mitigate its consequences on its own territory and all information that is likely to allow other states to take the necessary measures to prevent or reduce the consequences of the emergency on their territory.
The State Party affected by the emergency situation shall lend itself to any request for additional information required by the circumstances and remains available for future reference.
Article 197: Assistance to affected States Parties
States Parties shall provide mutual assistance in case of emergency.
Assistance to affected states shall be provided on the following terms and conditions:
a) assistance shall be requested by the State affected by a specific request addressed simultaneously to the Authority and States Parties;
b) the request for assistance shall indicate the modalities of assistance sought by the affected State;
c) where the assistance involves physical operations on the territory of the affected State, the express authorization of the latter is required;
d) coordination of assistance operations shall be provided by the affected State or the Authority when public services of the affected State are unable to provide such a role;
e) assistance shall be provided, wherever possible, as desired by the affected State;
f) assistance shall be provided, unless otherwise indicated, against payment of costs reasonably incurred by the States providing the assistance;
g) assistance ends when the emergency has ceased, unless otherwise expressly stated.
ArticJe 198: Regional Emergency Fund
The Authority, in cooperation with Member States, shall establish a regional emergency fund responsible for financing the prevention and management of emergencies.
The functions, methods of organization and operation of the regional emergency fund shall be determined by the Council of Ministers.
CHAPTER 15: PROTECTION OF HISTORICAL AND CULTURAL HERITAGE
Article 199: national and regional character
Protection, conservation, restoration and enhancement of historical and cultural heritage of the basin are national and regional interest and are part of the national policy of protection and enhancement of the environment.
States Parties shall adopt in this regard, measures necessary for the protection and preservation of items of historical and cultural heritage against all forms of degradation.
Article 200: Protection of cultural and historical heritage with international status
States Parties shall give special attention to the preservation of historical and cultural heritage with international status.
The protection of historical and cultural heritage with international status operates m accordance with international conventions binding on States Parties in the matter.
CHAPTER 16: RIGHTS OF THE PEOPLE IN THE BASIN AS REGARDS ENVIRONMENTAL ISSUES
Article 201: Environmental rights
Anyone living in the basin has the right to a healthy environment as a fundamental right of human beings.
The right to a healthy environment includes the right to live in a better Jiving environment, the right to be informed about the state of his environment and the right to participate in decision making for environmental protection
It includes the right of any person to exercise administrative and judicial appeal if they feel aggrieved in the enjoyment and exercise of this right.
Article 202: Right to water and sanitation
States Parties shall take legislative, institutional and operational measures to ensure the effective implementation of the right to water in the basin as a fundamental right of human beings and necessary to ensure the dignity of man.
The implementation of the right to water requires the adoption of specific measures in line with national regulations and the level of development of states, including:
a) specific legal measures concerning in particular:
i) quantitative and qualitative availability of water through the making available to people, of sufficient water and safe drinking water complying with safe drinking water standards. Health infrastructure must also be available in quantity and quality;
ii) physical, economic and safe water and sanitation accessibility in both urban and rural areas, making water available at an acceptable distance, in safety conditions and at reasonable cost. Health infrastructure must also meet the conditions for security and economic accessibility;
iii) the specific legal measures to promote the realization of the right to water, including the increasing block tariff given the size of the family, government subsidies to water, assistance to poor families who cannot bear the weight of water service, free water in certain circumstances. Health infrastructures also take into account family size and its financing shall be provided through government grants in order to promote access for vulnerable populations;
b) operational strategies consisting of appropriate projects and programs as well as a plan of priority actions and investments in water and sanitation, given the resources available and the needs of people directly concerned;
c) promotional activities including education and information on water and sanitation through the dissemination of appropriate information on the hygienic use of water, protection of water sources, methods reducing waste water and the proper use of sanitary facilities;
d) competent institutions and appropriate institutional mechanisms for the enforcement of legal measures, promote activities as well as strategies and programs for water supply and sanitation.
Article 203: Public information on environment
States Parties shall provide public information on environment through an environmental information system based on the environmental database managed by the Observatory of the Niger Basin.
Public education aims to ensure effective participation of people m the management of environmental issues, using appropriate information.
The right of public access to information covers both all information on activ1t1es being implemented and planned measures which have or may have a negative impact on the environment or human health in the Basin.
The right to information, to reach its goal of ensuring effective participation in decision making process should be designed as a real right of access to information about the nature of
activities conducted or proposed and those relating to public authorities involved m the decision- making process and from which environmental information can be obtained.
The information is provided to the public as follows: i) the public must be able to seek the information without having to prove an interest, including without indicating the purpose for which the requested information will be used ii ) The information must be provided as requested or otherwise, in the form of copies of documents in which this information is actually recorded, unless it is reasonable for the public authority to disclose the given information in another form, in which case the reasons for this choice will be shown iii) documents must be provided even if they contain other information not directly related to the subject of the request.
The requested information must be provided i) timely and at the beginning of the decision making process or otherwise within a reasonable time after the date the application was submitted, unless the volume and complexity of elements of information justify an extension of that deadline, in this case, the applicant is immediately informed of this situation and the reasons for it, ii) with fees or free of charge and if the public authorities who provide information are al lowed to charge a fee for the service, this right must not exceed a reasonable amount that is beforehand revealed to the public.
The failure to supply information requested must be justified. A request for information on environmental issues may be refused if i) the public authority to which the request is addressed does not hold the information but in this case, it shall disclose to the applicant The public authority which, to his knowledge, they must contact to obtain the information requested or transfer the application itself to that authority and inform the author, ii) the application of information is manifestly unreasonable or formulated in too general terms to be met, iii) the request relates to documents that are being developed or concerns internal communications of public authorities where such an exemption is provided for by national law, given the interest that the disclosure of the information requested would present to the public.
States Parties and the Authority, in order to ensure an effective right to information i) set up compulsory mechanisms so that national authorities are duly informed of ongoing or planned activities and which have or are likely to have significant impacts on the environment and human health, ii) collect and disseminate environmental information through the dissemination of such reports on the state of the environment, environmental policy documents and strategy, plans, projects and programs of environmental management and international conventions, laws and regulations on the environment, iii) provide public education on the interest they have to be informed of the measures on the environment.
Are excluded from the scope of the disclosure requirement, the information that is likely to have negative impacts on i) the confidentiality of proceedings of public authorities, ii) international relations, national defense or public security Iii) the course of justice; iv) trade secrets and industrial information, where such confidentiality is protected by law; v) intellectual property rights; vi) confidentiality of data and / or files relating to a physical person vii) the interests of a third party who provided the information requested.
Artic1e 204 : Public participation in environmental management
Public participation for an individual, an organized group of individuals or organization, aims to participate directly or indirectly to decisions made in the context of an activity affecting human health or the environment of the basin.
Public participation to be effective must begin early in the process, at a time when all options are open.
Public participation includes: i) participation in decision-making process on specific activities that may affect the public; ii) participation in the design, development and implementation of policies, plans and programs relating to the environment, iii) participation in the development of policy documents and strategies as well as laws and regulations on environmental issues iv) participation in appropriate mechanisms for public consultation including a public hearing or public inquiry at which people can submit any comments, information, analysis or opinions, suggestions, proposals, cons-proposals which they consider relevant to the proposed activity,
v) representation of populations within the advisory bodies and consultation on the environment; vi) effective access of populations to administrative and judicial remedies for the implementation of this right; vii) consideration by public authorities, the results of public participation, when decision-making; viii), the prompt information to the public of the decision that was made by public authorities.
The Authority for the purpose of implementing the provisions of this section establishes a Participation Plan that defines the modalities of information and public participation in environmental management of the basin.
Article 205: Special consideration of gender, youth and vulnerable groups
States must pay particular attention to women's needs and those of young people and vulnerable groups in terms of environmental management in the basin.
Article 206: Recognition and protection of traditional knowledge and know-how
States recognize the importance of traditional and local knowledge and know how compatible with sustainable management of natural resources of the basin and the role of traditional and customary authorities in the protection of the environment.
They take the necessary measures to ensure protection of local knowledge and a better involvement of customary and traditional authorities in environmental management.
They encourage traditional practices of sustainable management of natural resources at grassroots level
Article 207: Right to sue of civil society organizations
States Parties recognize legally constituted civil society organizations' right of appeal to the courts for the defense of collective interests in environmental and water resources issues.
CHAPTER 17: PROMOTER ACTIVITY
Article 208: Support for the establishment and functioning of civil society organizations
The Authority, in order to ensure the effectiveness of the rights of the people, promotes the creation of civil society organizations at the basin scale, with local and national membership.
The civil society organizations, including regional coordination of users and the coordination of national and local users of natural resources in the basin that do important work in the field of environmental protection may be declared "of public benefit" and enjoy the benefits of that status.
Article 209: Capacity Building
States Parties shall develop and implement training programs for capacity building of actors involved in sustainable environmental management of the Basin.
They place within the framework of capacity building activities, special attention to women, youth and civil society organizations.
Article 210: Joint scientific research
The Authority and States Parties, in light of the fundamental role of research in scientific knowledge and protection of the environment of the basin, shall encourage research institutions to undertake joint programs for research on various problems facing the basin.
Article 211: Environmental education and awareness campaigns
States Parties, together with the Authority, shall take necessary measures to promote teaching relating to the environment in the various tiers of education and integrate the environmental training into sustainable development projects and programs
They encourage and facilitate public awareness campaigns to increase their awareness and get their accession to national and regional efforts for sustainable management of the basin.
They shall recognize the fundamental role of the national focal structures, of regional coordination, national and local users of natural resources in the implementation of the activities of promotion for the sustainable development of the basin.
CHAPTER 18: FINANCING ENVIRONMENTAL PROTECTION
Article 212: National mechanisms of financial resources mobilization for the environment
States Parties shall institute national mechanisms of financial resources mobilization for the environment whose mission is to ensure the financing of the national policy of the environment and the national action plan for the environment or sustainable development in particular.
The national mechanisms of the financial resources mobilization for the environment aim to:
a) strengthen and develop the institutional capacity of environmental management;
b) promote sustainable management practices of natural resources;
c) support projects related to environmental protection and improve the living environment of people and provide them with sustainable livelihoods;
d) Support research and environmental education;
e) support programs to fight against desertification, including reforestation, the fight against bushfires, improved cultivation techniques and use of energy sources other than wood;
f) promote the use of renewable energies and clean technologies;
g) support local initiatives on environmentaJ protection and sustainable development;
h) support associations of environmental protection who are engaged in significant actions in this area
National mechanisms for financing environmental protection shall be supplied by: i) national financial resources including grants from state and local governments ii) proceeds from fees and charges levied under the polluter pays principle and the collector pays principle and iii) a portion of funds received by way of fines, settlements, seizures and forfeitures imposed for infringements of legislative and regulatory provisions on environmental management and protection, and iv) the international financial resources mobilized as part of international cooperation for environmental protection.
Article 213: Regional Fund for the sustainable development of the basin
The Authority, in co-operation with States Parties, shall institute regional Funds for sustainable development of the basin.
The Fund shall be fed by a portion of the incomes coming from the sale of electricity, of the royalties earned under water and pollution management as well as financial resources mobilized under international cooperation.
The Fund shall be intended to finance the environmental and social management plans, the of local development plans, the development, protection and balanced management of natural resources of the Basin
It shall contribute to supply national mechanisms of financing environmental protection.
CHAPTER 19: SETTLEMENT OF INTERNAL ENVIRONMENTAL CONFLICT
Article 214: Repression of environmental violations
States Parties shall take the necessary internal measures including legislative and regulatory measures to ensure the punishment of offenses committed in violation of the provisions of this Appendix on the Protection of the environment of the basin.
Article 215: Transaction
States Parties may use the transaction as a means of punishment of minor infractions of environmental law.
They take the necessary measures to ensure transparency in the negotiation and allocation of responsibilities and effective mechanisms for implementing the obligations arising from the settlement agreement.
The transaction is effected under the control of prosecutors.
Article 216: Role of traditional authorities in the management of environmental conflicts
States Parties agree to closely involve traditional authorities and traditional conflict resolution related to the environment at local level.
Article 217: Environmental Police
States Parties, for a better implementation of this Appendix, shall strengthen, with the support of the Authority, the Environmental Police in their respective territories.
The Environmental Police shall be responsible for:
a) enforcing environmental standards;
b) encouraging public participation in plans against pollution by providing them information, education and training;
c). contributing, in collaboration with competent authorities, to the taking of administrative police measures if necessary;
d) promoting cooperation with the Environmental Police of foreign countries.
Article 218: Non-discriminatory repair of cross-border damage
States Parties for the purpose of protecting the interests of individuals or entities that have suffered significant transborder harm arising from activities in the basin or are under serious threat of such damage, shall not make, as regards access to court proceedings and the granting of compensation or other forms of compensation, discrimination based on nationality, place of residence or the place where the injury occurred.
CHAPTER 20: SETTLEMENT OF INTER-ST ATE DISPUTES
Article 219: Amicable settlement
States Parties shall have recourse in the event of a dispute arising from the interpretation or application of this Appendix, to negotiation to resolve the dispute peacefully.
Article 220: Role of the Permanent Technical Committee
If no solution is reached at the end negotiation procedures, the dispute shall be submitted to the Permanent Technical Committee who will make settlement proposals to the Council of Ministers within six (6) months from the date ofreferral by the Executive Secretariat.
Article 221: Recourse to third party
In case of failure of the Permanent Technical Committee, States Parties shall have recourse to good offices, mediation or conciliation conducted by third parties in accordance with the principle of peaceful settlement of disputes.
Article 222: Enforceability of uncontested provisions
During the time that the dispute, lasts and to its resolution, this Appendix applies in all its
uncontested provisions.
CHAPTER 21: IMPLEMENTATION OF THE APPENDIX
Article 223: NATIONAL REPORTS ON THE STATE OF THE ENVIRONMENT
States Parties shall develop, every three years, with the participation of all stakeholders, a national report on the state of the environment that they will address to the Executive Secretariat of the Authority.
The report on the state of the environment is the recognition of environmental degradation, the measures taken by national authorities to cope as well as recommendations for improved environmental protection.
The report is subject to the widest possible dissemination and is subject to public debate.
Article 224: Regional report on the state of the environment
The Authority, in cooperation with Member States, publishes an periodic regional report on the state of the environment of the basin.
The regional report on the state of the environment, prepared on the basis of national reports, includes particularly statistical data about the quality of the environment and proposed measures that States shall be implement to improve the state of the environment.
The regional report on the state of the environment shall be developed every four years.
Article 225: Role of the permanent technical Committee
The permanent technical Committee shall take care of the implementation of the present Appendix.
It shall undertake periodic evaluations on recorded progress and the constraints met in the
implementation of the Appendix and formulate of recommendations for a better application of the Appendix.
CHAPTER 22: VARIOUS PROVISIONS
Article 226: Local conventions on environmental management
States Parties shall promote the adoption of local conventions of environmental management and natural resources in addition to the provisions of this Appendix.
Local conventions of environmental management and natural resources are based on local rules of environmental management.
They shall comply with laws and regulations and with this Appendix.
CHAPTER 23: FINAL PROVISIONS
Article 227: Amendments
Any State Party may propose amendments to this Appendix.
The parties shall make every effort to reach agreement by consensus on any proposed amendment.
Proposed amendments to this Appendix shall be addressed to the President of the Council of Ministers who shall communicate them to Member States, no later than sixty (60) days after receiving them and at least thirty (30) days before the meeting at which they are proposed for adoption.
Any amendment to this Appendix shall come into force under the same conditions as the Appendix.
Article 228: Denunciation
After the expiration of five (5) years from the date on which this Appendix come into force, any State Party may denounce this Appendix.
Denunciation shall be effected in the form of a written notification addressed to the President of the Council of Ministers who will acknowledge receipt and inform the other States Parties.
Denunciation shall take effect one year after the date of receipt unless it has been previously withdrawn.
The State Party is obliged to fulfill all its obligations under this Appendix and as a Party prior to the effective date of termination.
Article 229: Entry into force
This Appendix on the Protection of the Environment of the Niger Basin enters into force upon adoption by the Council of Ministers.
IN WITNESS WHEREOF, HAVE SIGNED THE PRESENT APPENDIX N°1 TO THE NIGER BASIN WATER CHARTER RELATING TO THE PROTECTION OF ENVIRONMENT
Done in N'Djamena, on the 1st of October, Two Thousand Eleven, in a single original text in English and French, the two (2) texts being equally authentic.
Signatures by:
Republic of Benin,
Burkina Faso,
The Republic of Cameroon,
The Republic of Cote d'Ivoire,
The Republic of Guinea,
The Republic of Mali
The Republic of Niger,
The Federal Republic of Nigeria,
The Republic of Chad
