Memorandum of Understanding on the Establishment of a Sub-Regional Integrated Coast Guard Network in West and Central Africa
Source: http://www.mowca.org/new%20design/MOWCA%20draft%20final%20E%20and%20F%5B..., downloaded 20091223
The Coastal Member States of the Maritime Organization of West and Central Africa (MOWCA) :
1. Angola
2. Benin
3. Cameroon
4. Cape Verde
5. Congo
6. Congo DR
7. Côte d'Ivoire
8. Gabon
9. The Gambia
10. Ghana
11. Guinea
12. Guinea Bissau
13. Equatorial Guinea
14. Liberia
15. Mauritania
16. Nigeria
17. Sao Tome and Principe
18. Senegal
19. Sierra Leone
20. Togo
Landlocked Member States of MOWCA associated to the Memorandum :
Burkina Faso
Mali
Niger
Central African Republic
Chad
Considering the relevant provisions of United Nations General Assembly resolution 55/2 on the United Nations Millennium Declaration and, in particular, section II on Peace, security and disarmament; section III on Development and poverty eradication; section IV on Protecting our common environment; and section VII on Meeting the special needs of Africa
Considering the United Nations General Assembly resolution A/RES/55/7 on Oceans and the Law of the Sea urging all States, and in particular coastal States, in affected regions to take all necessary and appropriate measures to prevent and combat incidents of piracy and armed robbery at sea, including through regional co-operation, and to investigate or co-operate in the investigation of such incidents wherever they occur and bring the alleged perpetrators to justice in accordance with international law;
Considering the United Nations General Assembly resolution A/RES/59/24 on Oceans and the Law of the Sea also urging all States, in co-operation with the International Maritime Organization, to combat piracy and armed robbery at sea; and to carry on regional co-operation in the prevention and suppression of piracy and armed robbery at sea in some geographical areas, and urging States to give urgent attention to promoting, adopting and implementing co-operation agreements, in particular at the regional level in high-risk areas;
Considering the United Nations General Assembly resolution A/RES/60/30 on Oceans and the Law of the Sea also urging all States, in cooperation with the International Maritime Organization, to combat piracy and armed robbery at sea by adopting measures, including those relating to assistance with capacity-building through training of seafarers, port staff and enforcement personnel in the prevention, reporting and investigation of incidents, bringing the alleged perpetrators to justice, in accordance with international law, and by adopting national legislation, as well as providing enforcement vessels and equipment and guarding against fraudulent ship registration,
Taking into account the Maritime Transport Charter for West and Central African States, adopted in Abidjan on May 7, 1975 and as amended on August 6, 1999;
Taking into account the Convention on the Institutionalisation of the Ministerial Conference of Central African States on Maritime Transport adopted in Accra on February 26, 1977 and as amended in Abidjan on August 06, 1999;
Taking into account the MOWCA resolution n°193/12/03 on maritime safety in West and Central Africa adopted in LUANDA on October 31, 2003, in particular the setting up of an integrated sub-regional network of coastguards;
Recognizing that the history of maritime security and safety as well as marine environmental protection in West and Central African Sub-region is full of incidents and accidents that expose the lack or inadequacy of response capabilitiy in the sub-region ;
Appreciating the efforts carried out in these fields, by the United Nations, through the International Maritime Organization IMO, by the adoption of various conventions, including the Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (the 1988 SUA Convention), as revised, and the International Convention on Maritime Search and Rescue, 1979, as amended (SAR 1979), aiming at developing an international search and rescue (SAR) plan so that no matter where an accident occurs, the rescue of persons in distress at sea would be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations; including also the International Convention for the Safety of Life at Sea,1974, as amended (SOLAS 1974), the Protocol of 1978 relating to the International Convention on the Prevention of Pollution from Ships, 1973, as amended (MARPOL PROT 1978), OPRC Convention, 1990, etc. which provisions should be implemented at shore and at sea, for the implementation of maritime navigation and marine pollution prevention and control;
Recognizing with deep concern the grave dangers to the safety and security of persons at sea and to the protection of the marine environment arising from unlawful acts against ships and in particular from acts of piracy or armed robbery;
Also recognizing that national, regional and international efforts to combat terrorism also enhance the ability to combat organized crime and armed robberies against ships;
Being aware that the fight against piracy and armed robbery against ships is often impeded by the absence of effective or adequate legislative and administrative arrangements for the investigation of reported cases of piracy or armed robbery against ships;
Being also aware that, when arrests are made, there is the absolute need for a legislative framework and of adequate guidelines for the conduct of investigation so as to allow for the prosecution, conviction and punishment of those involved in acts of piracy and armed robbery against ships.
Recalling the obligations of States under United Nations Security Council resolutions 1373 (2001), 1540 (2004) and 1566 (2004);
Recalling the provisions of the United Nations Convention on the Law of the Sea (UNCLOS);
Recalling also the relevant provisions of the 1988 SUA Convention and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 (the 1988 SUA Protocol);
Recalling further the need for ships, consistent with the provisions of UNCLOS, to provide assistance in response to a situation of persons in distress at sea;
Recognizing also the vulnerability of transport networks, the important role energy shipping plays in the global economy, and the importance, in this respect, of enhancing safety, security, and environmental protection of the sea area along the Atlantic coast of the MOWCA Member States (hereinafter referred to as "the coast of West and Central Africa");
Recognizing further the need to balance maritime security and facilitation and to minimize any adverse effects on the free flow of commerce to and from ports in West and Central Africa and that enhanced maritime security along the coast of West and Central Africa will promote international trade, economic co-operation and sustainable economic development;
Acknowledging the fact that the enhancement of security in the international maritime transport sector is an indispensable and fundamental condition for the welfare and economic security in West and Central Africa and is in the direct interest of all States;
Further recognizing that the successful implementation and maintenance of compliance with SOLAS 1974 and the International Ship and Port Facility Security Code (the ISPS Code) require, inter alia, the early and efficient collection, assessment and exchange of security-related information;
Also recognizing the need to set, in accordance with SOLAS 1974 regulation XI-2/7 on Threats to ships, security levels and to ensure the provision of security level information to ships operating in our territorial sea or having communicated an intention to enter our territorial sea, and where a risk of an attack has been identified, to provide advice to the ships concerned;
Expressing great concern for the security of passengers and crews on board ships including small craft, both at anchor and underway, in the context of incidents involving terrorism and other unlawful acts against ships, and the associated risks to people on shore or populations in port areas as well as to ports, offshore terminals and the marine environment;
Being convinced of the need for MOWCA Member States to co-operate and to take, as a matter of the highest priority, all necessary action to prevent and suppress any incidents which threaten the security in the international maritime transport sector;
Recognizing the importance of sustainable fisheries as potential means for creating and sustaining employment, providing food security and generating revenue for the national economies of MOWCA Member States, and that they contribute to economic growth and poverty reduction;
Desiring to move from words to action through full implementation of various international instruments for sustainable fisheries adopted or enacted in the past decades, including the 1995 Food and Agriculture Organization Code of Conduct for Responsible Fisheries, Governments in West and Central Africa should appreciate the social, economic and financial benefits of sustainable fisheries and provide financial, material and human resources to achieve defined objectives in protecting these resources and their environment;
Recognizing that among those rescued at sea may be refugees and asylum seekers who should in accordance with international law, specifically the 1951 Convention relating to the Status of Refugees, and its 1967 Protocol as well as the 1969 OAU Convention governing the specific aspects of refugee problems of Africa, be disembarked promptly at a place of safety where they are safe from prosecution or other human rights violation and where the asylum requests will be examined;
Realizing that measures taken to control borders and restrictions on aliens' access to territory constitute a valid exercise of State sovereignty;
Respecting fully the sovereignty, sovereign rights, jurisdiction and territorial integrity of the States which constitute the network, the principle on non-intervention, and the relevant provisions of international law, in particular, UNCLOS;
Recognizing the potential benefits for the establishment of an integrated coast guard function network for the west and central coast of Africa across a wide range of activities, including the enhancement of maritime safety, security and environmental protection, law enforcement, and economic development;
Recognizing that in the absence of a regional integration scheme, these conventions impose costly obligations in each West and Central African State in so far as each State develops its own regulation framework, set up its own shore installations and brings into service its own coastguard network mainly through its Navy or Maritime Administration;
Conscious that the multiplicity of regulations and implementation procedures concerning their marine and coastal zones is not only expensive for the States taken individually, but also does not allow the States to take full advantage of economies of scale in guarding the coast and it also creates barriers and obstacles to shipping and trade ;
Noting that, taking into account the considerable obligations posed by the 1979 SAR Convention, it had not been accepted or ratified by many Coastal states throughout the world including those of West and Central Africa and that the SAR Convention as amended clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations ;
Conscious that in the absence of a sub-regional agreement on the right of hot-pursuit across national borders, the sub-region lacks an effective means to pursuit and prohibit piracy and armed robbery acts;
Recognizing that although most of MOWCA Member States, through their respective Navy, Marine Police and Merchant Marine Administrations, already perform some coastguard activities, however these activities are not co-ordinated for a regional response in case of crises transcending national boundaries ;
Conscious that most of the IMO Conventions can only be implemented effectively on a regional or sub-regional basis and,
Convinced that MOWCA Member States individual coastguard activities can take advantage of economies of scale derived from an improved and harmonized regional coastguard network and a strengthened co-operation and exchange of information
Conscious that the issues of management of the seas and oceans are closely interrelated and need to be considered as a whole ;
Affirming the duty of States to use the seas and oceans for peaceful purposes ;
Acknowledging the importance of resolving sovereignty and jurisdictional disputes peacefully and without resort to force ;
Supporting the will of MOWCA to foster a regional environment conducive to maintaining the peace, commerce and prosperity of the West and Central Africa;
Taking into account IMO Resolution A.584(14) of 20 November 1985 on the development of measures to prevent unlawful acts which threaten the safety of ships and security of their passengers and crews ;
Acknowledging the guiding principles for the Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources set out in Chapter 17 of Agenda 21, agreed at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro in 1992 ;
Acknowledging the importance of seaborne trade in the West and Central Africa;
Conscious of the interests which countries share in the marine environment, and in a spirit of cooperation, friendship and goodwill ;
Conscious of the need to develop a common approach to common maritime safety and security problems ; and
Taking into account of the recommendations of IMO/MOWCA forum held in Dakar from 23 to 25 October 2006 on the establishment of an integrated coast guard function network for West and Central African Countries;
Convinced that the following Memorandum of Understanding will promote regional maritime cooperation and a stable maritime environment, contribute to the peace, good order and continuing prosperity of the West and Central Africa ;
Agree to what follows:
FIRST PART: DEFINITION, RELEVANT INSTRUMENTS, RIGHTS AND DUTIES:
ARTICLE 1 DEFINITIONS
1. For the purposes of the following Memorandum :
"State Party " or " Party " means West and Central Africa coastal State having signed or accepted this Memorandum of Understanding
"archipelagic waters" means those waters enclosed by the archipelagic baselines of an archipelagic State drawn in accordance with Article 47 of UNCLOS ;
"coastguard" means a public statutory agency in a State responsible for the development and implementation of policies on safety of life at sea, search and rescue interventions, maritime navigation police and marine pollution police ;
Competent Officer: An Officer of a State Party, competent to enforce legal provisions, to investigate infringements to these provisions and to prosecute or to report to a prosecuting Authority.
Facility: Mobile or fixed facility of the Network
"continental shelf" means the submarine area of seabed and subsoil as defined by Part VI of UNCLOS ;
"enclosed or semi-enclosed sea" means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States, as defined by Part IX of UNCLOS ;
"exclusive economic zone" means an area superjacent to the sea-bed, and subsoil, as defined by Part V of the UNCLOS ;
"foreign sea" means a sea area where a State, as coastal State, is different from the State providing the flag of a given facility of the Organization ;
"high seas" means those waters to which the provisions of Part VII of UNCLOS applies ;
"marine environment" includes the oceans and all seas and adjacent coastal areas ;
"piracy" as defined in Art 101 of UNCLOS means : (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed :
- on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft ;
- against a ship, aircraft, persons or property in a place outside the jurisdiction of any State ;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft ;
(c) any act inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).";
"pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities, as defined by Part I of UNCLOS ;
"sea lines of communication" is the term used to describe shipping routes used for seaborne trade ;
"surveillance" means the observation of aerospace, surface and sub-surface areas, places, persons or objects by visual, aural, electronic, and photographic means; and
"territorial sea" means the belt of sea which is claimed by the coastal State as territorial sea in accordance with Section 2, Part II of UNCLOS.
ARTICLE 2 RELEVANT INSTRUMENTS
1. For the purposes of this Memorandum, "relevant documents" are the under listed instruments together with any protocols or amendments thereto and mandatory codes enacted pursuant to such instruments or protocols :
• Maritime Transport Charter for West and Central Africa adopted in Abidjan on May 7, 1975 and as amended on August 6, 1999;
• IMO Assembly resolution A.584(14) of 20 November 1985 on the development of measures to prevent unlawful acts which threaten the safety of ships and security of their passengers and crews;
• United Nations General Assembly resolutions A/Res/55/2, A/Res/55/7, A/Res/59/24 and A/Res/60/30
• MOWCA Recommendations No 04/05; No 05/05; No 06/05 approving the establishment of four (4) coastguard zones in the sub-region for effective zonal coordination and the setting up of two principal coordinating centres for the region, adopted by the MOWCA Bureau of Ministers in Luanda, March 2005 and September 2007;
• MOWCA Resolution n° 182/11/01 approving the proposal to establish an integrated Sub-regional Coast Guard network, adopted at 11th General Assembly of Ministers of MOWCA, Abuja, 4th June 2001;
• International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 74);
• The International Ship and Port Facility Security Code.(ISPS Code) Code ;
• United Nations Convention on the Law of the Sea 1982 (UNCLOS) ;
• International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) ;
• Convention on the International Regulation for Preventing Collisions at Sea !972; (COLREG 72) ;
• International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969 as amended by the CLC protocol of 1992;
• International Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988; (SUA 88), as amended ;
• Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf,1988,.(SUA Prot 88), as amended ;
• International Convention on the preparation, the fight and the co-operation in case oil pollution (OPRC 90);
• 1979 SAR Convention as amended
• United Nations Food and Agricultural Program Code of Conduct for Fisheries;
• 1951 Convention relating to the Status of Refugees, and its 1967 Protocol as well as the 1969 OAU Convention governing the specific aspects of refugee problems of Africa.
Article 3: RIGHTS AND DUTIES
1. States recognize:
• the sovereignty and responsibilities of other States in respect of their internal waters, territorial seas, and archipelagic waters ;
• the sovereign rights and duties of other States with regard to exclusive economic zones and continental shelves; and
• the rights and responsibilities of other States as provided by UNCLOS, other conventions, treaty obligations and general international law.
SECOND PART: THE INTEGRATED NETWORK OF COASTGUARDS
TITLE I: AT THE NATIONAL LEVEL
Article 4: The States Parties take following obligations:
1. to seek the establishment of a system for coordinating agencies with responsibility for national coastguard functions by each coastal Member State of MOWCA to develop and implement, as necessary:
(a) appropriate national maritime security policies to safeguard maritime trade from all forms of unlawful acts;
(b) national legislation, practices and procedures, which together provide the security necessary for the safe and secure operation of port facilities and ships at all security levels;
(c) legislation which ensures effective protection of the marine environment.
2. to establish, as necessary, a national system for co-ordinating the related activities between the departments, agencies, control authorities, and other organizations of the State, port operators, Companies and other entities concerned with, or responsible for the implementation of, compliance with, and enforcement of, measures to enhance maritime security and search and rescue;
3. to establish, as necessary, a national system for harmonizing and co-ordinating security measures designed to enhance the security in the international maritime transport sector with those of other modes of transport ;
4. to institute or improve a national mechanism for intra- and intergovernmental agencies and other relevant stakeholders to co-operate and co-ordinate on a coastguard function;
5. to prosecute, in accordance with relevant domestic laws, perpetrators of all forms of piracy and unlawful acts against seafarers, ships, port facility personnel and port facilities;
6. Set up in each MOWCA member States the maritime Fund
Article 5: Organization and operation
The organization and the operation of the national structure come exclusively under the responsibility of each State in accordance with the laws and regulations in force.
TITLE II: AT THE REGIONAL LEVEL
Article 6: The Parties take following obligations:
1. to seek the establishment of an integrated coastguard function network for West and Central Africa to develop and implement, as necessary:
(a) appropriate regional maritime security policies to safeguard maritime trade from all forms of unlawful acts;
(b) regional legislation, practices and procedures, which together provide the security necessary for the safe and secure operation of port facilities and ships at all security levels;
2. to consolidate the existing, or seek to establish, as the case may be, a regional maritime information centre through which the States can share and exchange security-related information, for the aim of preventing or combating unlawful acts against seafarers, ships, port facility personnel and port facilities in the area and ensuring prompt response to any distress or security alert received from these ships;
3. to seek ways for engaging States which trade with West and Central Africa and the shipping industry to support and enhance the safety, security and environmental protection in West and Central Africa;
4. to combat piracy, armed robbery against ships, unlawful acts and transnational organized crime at sea by enhancing the regional maritime security strategies and multilateral co-operation in their implementation;
5. to integrate any existing co-operative efforts or arrangements relating to combating unlawful acts against seafarers, ships, port facility personnel and port facilities and trans-national organized maritime crime, including those relating to collection, assessment, sharing and exchanging of security-related information and those relating to the co-operation and co-ordination among the institutions concerned, such as naval units, coastal patrol and law enforcement agencies, shipping companies, seafarers, and port authorities with a view of identifying any areas which may warrant improvements;
6. to improve international and regional co-operation with a view to ensure that pirates and persons committing unlawful acts against seafarers, ships and port facilities and port facility personnel do not evade prosecution;
7. to take into account any existing legislative and administrative arrangements relating to the investigation of alleged piracy or armed robbery incidents and for the prosecution, conviction and punishment of those involved in acts of piracy and armed robbery against ships with a view of identifying any areas which may warrant improvement taking into account the guidelines for the suppression of piracy and armed-robbery against ships1 developed by the International Maritime Organization;
8. to improve the capacity of national and regional training institutions for the training and development of relevant indigenous human capital for the operation of an efficient regional coastguard function network;
9. to seek the commitment, consistent with the provisions of UNCLOS, of any military ship or other ships in the area capable of providing assistance, to respond to any situation of persons in distress at sea;
10. to become parties to and implement the provisions of, the International Conventions and Protocols related to the prevention and suppression of international terrorism and, in particular, the 1988 SUA Convention, the 1988 SUA Protocol, the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf; the United Nations Convention against Trans-national Organized Crime, 2000; and also to become parties to and implement the 1951 Convention relating to the Status of Refugees, and its 1967 Protocol as well as the 1969 OAU Convention governing the specific aspects of refugee problems of Africa;
11. to ensure that, in seeking the fulfilment of the above objectives, a balance is maintained between the need to enhance maritime security and facilitation of maritime traffic and to avoid any unnecessary delays to international maritime trade in West and Central Africa;
12. to co-operate and collaborate with the sub-regional fisheries bodies and the Food and Agriculture Organization on preventing and combating illegal, unregulated and unreported fishing, and protecting fisheries resources for sustainable long term utilization to sustain livelihoods in West and Central Africa;
13. to ensure that measures taken to control borders and restrictions and aliens access to territory are in compliance with international law including human rights and refugee law;
14. to co-operate with the United Nations High Commissioner for Refugees with regard to the protection of asylum seekers and refugees at sea;
15. to review periodically the progress of the efforts made in achieving the above objective and to share the result of the experience gained with MOWCA Member States; and
16. to have the General Assembly of MOWCA and the Bureau of Ministers informed of efforts made in achieving the above objective, and of the international support provided in this regard.
TITLE 2: MISSION AND ORGANISATION
Article 7: Missions
The goal of the Coastguard Function Network (the Network) is to allow the parties to promote and make joint efforts as far as their maritime activities are concerned, particularly those devoted to the protection of the human life, the enforcement of the laws, the improvement of safety and the protection of the environment.
Article 8: Administrative organisation
The highest body of administration of the Network is the Council of Ministers (hereafter called the Council).
The Council of Ministers elects its bureau in accordance with the Rules of Procedure of the Organisation
The Council decides on the general policy of the Network, adopts the annual budget, appoints the Principal Coordinator and takes all other decisions envisaged by the memorandum. It can interpret the Memorandum.
The Council meets twice (2) per annum. It can hold extraordinary meetings where necessary.
The Principal Coordinator of the Network takes part in the meetings of the Council.
The Secretary-General of MOWCA takes part in the meetings of the Council as observer.
Article 9: TECHNICAL EVALUATION COMMITTEE
The Technical Committee of Evaluation (hereafter) called the technical committee, is composed of experts nominated by the Secretary-general of MOWCA, in charge of steering the implementation and the progress of the Network
Article 10: Committee of Representatives
The Representatives of the Committee (hereafter called the Committee) is composed of a Representative for each State Party. Each Representative can be assisted by two substitutes.
The Representative of a State Party is the Person in charge, in his/her country, of the general coordination of all the questions relating to the Network and the only person in charge of the connection between his Government and the Network, except for what relates to the capacity of the Council.
The Committee assists the Principal Coordinator in the general administration of the Network. On a proposal from the Principal Coordinator, it decides principles of the work programme and the means of the Network. It adopts the relevant operational documents relating to the activity of the Organisation.
It examines all the questions submitted to it by the Principal Coordinators and, according to the cases, delivers opinions, decides or transmits to the technical evaluation committee.
The Committee proposes to the Council the appointment of the Deputy Principal Coordinator and the Coordinator of zones.
The committee of evaluation attends the meetings of the committee as statutory participant.
The Representatives Committee elects its bureau in accordance with the rules of procedure of the Organisation.
Article 11: Committee of Representatives
The Principal Coordinator is the legal representative of the network. He/she is responsible for its general management and can take the required measures to this end, in accordance with the provisions of this memorandum. He/she can delegate his powers to his Assistant and to the Coordinator of the zones in accordance with the directives approved by the Council.
He/she is replaced by the Deputy Principal Coordinator when he/she is unavailable. He/she accounts for operational activities of the Network at each meeting of the Council.
Article 12: Constitution of the Network
The Network comprises four (04) Coastguard zones with respective four (4) Coastguard Zonal Coordinating Centres and two (2) Principal Coordinating Centres:
- Zone 1: Mauritania, Senegal, Gambia, Guinea Bissau, Cabo Verde.
- Zone 2: Guinea, Sierra Leone, Liberia, Cote d'Ivoire, Ghana.
- Zone 3: Togo, Benin, Nigeria, Cameroon, Equatorial Guinea.
- Zone 4: Gabon, Congo, DRC, Sao Tome & Principe, Angola.
ln each zone, a Coordinator is in charge of operations in his/her zone, according to Principal Coordinator's instructions and orders.
Article 13
The Network comprises fixed facilities and mobile facilities.
Article 14: Fixed facilities include:
• operational facilities, devoted to gathering of information (such as radar stations) and anagement of operations and, in general, of all the activities of the Network;
• training facilities, devoted to improving the skills of the staff. Training facilities can be shared with another structure or created within the framework of an existing training centre;
• Means, devoted to the maintenance and the operational support of the Network.
Article 15
The logistic means of the Network include nautical and aeronautical means, and also terrestrial means. All the logistic means of the Network are subject to the operational rules envisaged by the second part of this memorandum. All the means of the Network have the same colors and distinctive marks adopted by the Council. Similar distinctive characteristics appear in the logo and emblem of the Network.
Article 16:
Each ship belonging to the Network flies the flag of the State Party where it is assigned. It is used only in its zone except temporarily for joint missions, reinforcements or replacements of other ships. The logistic means of the Network cannot be used for military missions of the flag State, except for peace or evacuation missions
The logistic means are the property of the Network. It supplies them with fuel, makes the maintenance and assigns each one of them to a State Party which has the responsibility to equip and train the crew.
A part of the training of the crew however is organized and supported by the Network. While endorsing the responsibility to equip and train the crew, the Flag State can make arrangements with other States Parties in order to allow nationals to be embarked in the maximum proportion of a third of the officers and half of all the crew.
Article 17
However, if the agreement fixing the conditions of equipment and maintenance is accepted by the Network, a State Party can provide the network with logistic means as stipulated by the memorandum except for the right of ownership.
In this case, the conditions of armaments, provisioning and maintenance are subject of an agreement between the Organization and the State Party
Article 18
The supply and the maintenance of ships can be conceded by the zones Coordinators to a private company with the consent of the Principal Coordinators.
Article 19
The Principal Coordinator and zone Coordinators are assisted by a permanent office including as much as possible agents of all the parties concerned. These offices include an operational center devoted to the collection of information and to the diffusion of information relating to the activities of the Organization
THIRD PART: RULES OF OPERATIONS
TITLE 1: IN NORMAL TIME
Article 20: At national level
Each State Party organizes at the national level, its surveillance missions in accordance with its laws and regulations in force.
Article 21: Zone cooperation agreement
The States Parties, in addition to the provisions of the memorandum and its appendices, can sign bilateral cooperation agreements without prejudice to the agreement set up and organizing the specific functioning of each zone.
Each time it is necessary, a State Party can benefit, through this agreement, from logistical and humane support of another State Party according to procedures they will have adopted.
The same State Party can sign the same agreement with the other State Parties of the zone.
Article 22: The missions are planned and ordered by the zone Coordinators.
The States Parties via their representatives send to the zone Coordinators, with any useful justification, their requests for presence of the facilities in their sector.
The programmes of missions ordered by the zone Coordinators are sent to the Representatives of the State parties of the zone.
Article 23: The facilities must carry out constabulary missions in accordance with the law of the competent State Party for the given sector, and in accordance with UNCLOS.
SAR missions are carried out according to provisions of SAR Convention and its protocols.
Article 24: On request or with the authorization of a competent agent, a coastguard facility can carry out an act of police in a foreign sector, as if it were a facility of the State Party of this sector and in accordance with the applied laws. If the competent agent is not on board, his request or his authorization can be transmitted by any suitable means of communication. The reports of the embarked agents on board have the same legal force as a report carried out by a competent Officer.
Article 25: The States Parties take any appropriate measures to harmonize their legal status relating to the policing at sea.
TITLE II: IN TIME OF CRISIS
Article 26: In case of events (accidents, acts of piracy, marine pollution, and other illicit acts) in territorial waters under jurisdiction of a given zone, and requiring an external assistance, the Maritime Authority approaches at once the Principal Coordinator of the zone and informs the agency or agencies with responsibility for national coastguard functions.
The Principal Coordinator concerned implements the action plan envisaged for this purpose and annexed at the present memorandum.
TITLE III: EMERGENCY PLAN
Article 27: The Principal Coordinator works out a sub regional draft of emergency plan to be submitted to the approval of the Council. The Principal Coordinator is in charge of the implementation of the emergency plan thus adopted.
FOURTH PART: FINANCIAL RESOURCES
Article 28: The financial resources of the network include:
- regional maritime funds;
- the normal or extraordinary contributions decided by the Council;
- contributions of organizations or donor countries;
- 50 % of penalties and confiscations resulting from the actions of the Network.
Article 29: Each State Party begins to pay its financial contribution to the Network in accordance with the decisions and procedures adopted by the council.
FIFTH PART: ENGAGEMENTS OF STATE PARTIES
Article 30: Each State Party gives effect to the provisions of this Memorandum or its appendices, which constitute an integral part of the Memorandum, and will take any necessary measures to ratify or accept the relevant legal instruments for the implementation of the Memorandum.
Article 31: Each State Party establishes an effective national organization of coastguard, by making sure that this organization is in conformity with the standards described in the instruments defined in this Memorandum.
Article 32: Each State Party consults, cooperates and exchanges information with other States Parties in order to improve the objectives of the Memorandum.
SIXTH PART: FINAL PROVISIONS
TITLE I : OTHER PROVISIONS
Article 33: Any State Party which has accepted the Memorandum can propose amendments or appendices to the Memorandum.
In the case of amendment proposal to the Memorandum, the following procedure will apply:
a) the amendment suggested will be submitted to the principal Coordination Centre in order to be studied, at least six (06) weeks before the meeting of the Committee;
b) the amendments will be adopted by a majority of two thirds of the Representatives of the States Parties in the Committee;
c) if the amendment is adopted, it will be communicated by the principal Coordination Centre to the States Parties for acceptance.
Article 34: An amendment is supposed to be accepted, either at the end of a period of six (06) months after adoption by the Representatives of the States Parties in the Committee, or at the end of any other period determined unanimously by the Representatives of the States Parties in the Committee, unless for the considered period an objection is communicated to the Secretariat by a State Party.
An amendment comes into force sixty (60) days after being accepted, or at the end of any other period determined unanimously by the Council.
Article35: In case of amendment or appendix proposals, the following procedures is followed:
a) the amendment or the appendix proposed will be submitted to the examination by the States Parties through the Principal Coordinator;
b) the amendment or the appendix is supposed to be accepted at the end of a period of three (03) months from the date on which it was communicated by the Principal Coordination Centre, unless a State Party requests only the amendment in writing or the appendix is not examined by the Committee. In this case, the procedure specified in article 6.1.1 applies;
c) the amendment or the appendix comes into force sixty (60) days after being accepted, or at the end of any other period determined unanimously by the States Parties.
Article 36: The Memorandum comes into force without prejudice to the laws and regulations derived from an international instrument.
A Maritime Authority satisfying the criteria specified in this memorandum or its amendments or appendices can adhere to the Memorandum or its amendments or appendices with the agreement of all the States Parties which have accepted the Memorandum, its amendments or appendices.
Article 37: The Memorandum remains ready for signature to the West and Central Africa States and throughout a twelve (12) month period, in the headquarters of MOWCA.
However, it comes into force in a given zone three months after all the States Parties of this zone have signed it.
After the considerations mentioned above, the States Parties will be able to implement it if they satisfy the requirements contained in the Memorandum.
Article 38: Any maritime Authority or Organization wishing to take part as observer will submit a written request to the Committee, and will be considered as observer with the unanimous agreement of the Representatives of the States Parties present and voting at the meeting of the Committee.
Article 39: Each State Party, which has not yet done so, is invited to establish, specialized Government Agency which shall develop and execute on shore and at sea duties of maritime navigation and marine pollution polices, including search and rescue, combating piracy and unlawful acts against safety and security of maritime navigation.
Article 40: In establishing such Agencies, States shall take account of the relevant international conventions and instruments on the aforementioned issues and the need to grant adequate enforcement powers to such Agencies. States shall take steps to harmonize their legal regimes regarding enforcement at sea
MARITIME COOPERATION
Article 41: States are invited to become parties to UNCLOS, SUA and other relevant instruments, noting that this will contribute to the strengthening of peace, security, cooperation, sustainable development and friendly relations.
Article 42: States Parties accept that a comprehensive concept of regional maritime security requires an integrated regional and multidisciplinary approach, necessitating cooperation and coordination of all interested bodies and activities.
Article 43: States Parties agree to offer assistance upon request in a coordinated method to member States on capacity building in terms of equipment and personnel requirement for the establishment of and efficient performance of coastguard functions by a designated agency.
Article 44: States Parties recognize the importance of cooperation for the management of the marine environment, particularly with respect to safety, security and maritime casualty for the West and Central Africa region.
MARITIME ROUTES
Article 45: States Parties recognize the importance of freedom of navigation, in accordance with the provisions of UNCLOS, to the maintenance of seaborne trade in West and Central Africa.
Article 46: Taking into account the promotion of the safety of navigation and the protection of the marine environment, States shall develop cooperative approaches to the maintenance and protection of maritime routes. Such co-operative approaches include exchanges of information and training in such areas as humanitarian assistance, search and rescue, marine safety, and law and order at sea. The exchange of information should include information on likely threats to, or security incidents relating to maritime routes.
Article 47: Further implementation of this cooperative approach could include naval cooperation and the sharing of information resulting from maritime surveillance.
HUMANITARIAN ASSISTANCE
Article 48: States Parties recognize the benefits of working together on the prevention, mitigation and management of maritime natural disasters, including preparedness and early warning systems, the exchange of information, compilation of data bases, planning, disaster reduction and relief activities, as well as training and education programs.
SEARCH AND RESCUE
Article 49: States Parties are invited to promote greater sharing of maritime Search and Rescue (SAR) experience and expertise, as well as facilitate coordination and cooperation in SAR training and procedures.
Article 50: States Parties consult with regard to the ratification, implementation and participation in relevant conventions and instruments concerning maritime SAR.
MARITIME SAFETY
Article 51: States Parties shall promote navigational safety by measures such as:
- the edition of adequate cartography;
- the publication and the diffusion of notices to sailors;
- the use of appropriate navigational aids;
- the notification of recommended shipping routes.
Article 52: States Parties express support for regional and international efforts to deal with the problem of sub-standard ships, including the establishment of regional systems of port state control.
Article 53: States Parties consult each other with regard to the ratification, implementation and participation in relevant conventions and instruments concerning maritime safety.
LAW AND ORDER AT SEA
Article 54: States Parties recognize the importance of cooperation in the maintenance and enforcement of law and order at sea, including the prevention of piracy, drug smuggling, and other crimes at sea, also recognize the rights of States Parties to enforce their domestic laws at sea to the extent allowed by international law.
Article 55: States Parties recognize the right of hot pursuit and shall develop an effective mechanism thereof which shall take in consideration the provisions of Article III of this Memorandum.
Article 56: States Parties are invited to institute regular meetings to enhance cooperation and coordination in their maritime enforcement activities.
NAVAL CO-OPERATION
Article 57: States Parties acknowledge the confidence-building benefits of naval cooperation, including increased personnel contacts and voluntary measures to promote naval transparency.
Article 58: States Parties may wish to consider a framework of bilateral or multilateral instruments for the navy concerned in order to avoid the nautical incidents.
MARITIME SURVEILLANCE
Article 59: States Parties recognize that maritime surveillance may be conducted for peaceful purposes as part of the exercise of freedom of navigation and over flight in areas claimed as exclusive economic zone or continental shelf, and on the high seas. This should be conducted with consent and without prejudice to the jurisdictional rights and responsibilities of the coastal State within its exclusive economic zone or over its continental shelf, as provided for under UNCLOS.http://aus-cscap.anu.edu.au/memo4.html
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Article 60: States Parties shall work towards developing arrangements for the sharing of surveillance information with other States Parties to this Memorandum.
PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
Article 61: States Parties recognize their individual and collective obligation to protect and preserve the marine environment.
Article 62: States Parties shall consult with regard to:
(a) cooperation on a bilateral, sub-regional and regional basis in taking all measures necessary to prevent, reduce, monitor and control pollution of the marine environment from all sources ;
(b) the ratification, implementation and participation in relevant conventions and instruments concerning protection, preservation and monitoring of the marine environment;
(c) the implementation of Chapter 17 of Agenda 21, adopted at the 1992 United Nations Conference on Environment and Development (UNCED), particularly those program areas concerning integrated management and sustainable development, marine environmental protection and the strengthening of international cooperation, including regional cooperation and coordination; and
(d) the development and implementation of national, sub-regional and regional monitoring programs and contingency plans in response to pollution incidents in the marine environment.
Article 63: States Parties consult at the bilateral and sub-regional levels in the formulation and harmonization of policies for the conservation, management and sustainable utilization of marine living resources that straddle maritime zones, or which are highly migratory, or occur in the high seas.
Article 64: States Parties consult at the bilateral and sub-regional levels in the formulation and harmonization of policies for the exploration and exploitation of marine non-living resources which occur across two or more zones of national jurisdiction, especially in cases where a shared resource can be exploited, wholly or in part, from one or more of the zones of national jurisdiction.
MARINE SCIENTIFIC RESEARCH
Article 65: States parties are invited to cooperate, directly or through competent international, regional or sub-regional organizations, for the purpose of promoting studies, undertaking programs of scientific research and the exchange of information and data about the marine environment, particularly about pollution of the marine environment and changing sea levels.
Article 66: States Parties are invited to consult on the harmonization of their respective procedures, in accordance with Part XIII of UNCLOS, for granting consent to proposed marine scientific research projects in their exclusive economic zones and on their continental shelves.
TECHNICAL COOPERATION AND CAPACITY-BUILDING
Article 67: States Parties recognize the benefits of technical cooperation and capacity-building, and are invited to implement relevant programs in the maritime sector designed to build infrastructures, institutions and capabilities for policy formulation and implementation. This includes information sharing and development of database.
TRAINING AND EDUCATION
Article 68: States Parties cooperate on the development and promotion of training and educational programs for the management of the marine environment, particularly for the maintenance of safety and law and order at sea, the preservation and protection of the marine environment, and the prevention, reduction and control of marine pollution. Such cooperation might include :
a) the offer of places on national training courses to other States, subject to payment of relevant costs;
b) sharing curriculum and course information;
c) the exchange of naval and law enforcement personnel, scientists and other experts;
d) the exchange of views on maritime issues;
e) holding conferences, seminars, workshops and symposiums on maritime subjects of common interest; and
f) fostering cooperation among maritime training institutions and research centres.
g) the offer of places on national training courses to other States, subject to payment of relevant costs;
h) the exchange of naval and law enforcement personnel, scientists and other experts;
i) the exchange of views on maritime issues;
j) holding conferences, seminars, workshops and symposiums on maritime subjects of common interest; and
k) fostering cooperation among maritime training institutions and research centres.
States Parties are invited to institute regular meetings to enhance cooperation and coordination in their maritime enforcement activities.
TITLE II: FINAL PROVISIONS
Article 69: Any State Party can withdraw from the Memorandum by a written notification to the Committee sixty (60) days before.
Article 70: The English, French and Portuguese versions of this Memorandum are authentic.
This Memorandum is adopted and open to signature in Dakar,
Hereafter have signed The Representatives of the following States Parties:
1. Angola
2. Benin
3. Cameroon
4. Cape-Verde
5. Congo
6. D.R. Congo
7. Côte d'Ivoire
8. Gabon
9. Gambia
10. Ghana
11. Guinea
12. Guinea-Bissau
13. Equatorial Guinea
14. Liberia
15. Mauritania
16. Nigeria
17. Sao Tomé and Principe
18. Senegal
19. Sierra Leone
20. Togo
