A project funded by the United Nations Development Programme/Global Environment Facility
(UNDP/GEF) and executed by the United Nations Office for Project Services (UNOPS)











The Convention On The


Sustainable Management

Of Lake Tanganyika






(Working Draft No. 4)










Pollution Control and Other Measures to Protect Biodiversity in Lake
Tanganyika (RAF/92/G32)

Lutte contre la pollution et autres mesures visant à protéger la biodiversité du
Lac Tanganyika (RAF/92/G32)




Le Projet sur la diversité biologique du lac
The Lake Tanganyika Biodiversity Project has
Tanganyika a été formulé pour aider les quatre been formulated to help the four riparian states
Etats riverains (Burundi, Congo, Tanzanie et
(Burundi, Congo, Tanzania and Zambia)
Zambie) à élaborer un système efficace et
produce an effective and sustainable system
durable pour gérer et conserver la diversité
for managing and conserving the biodiversity of
biologique du lac Tanganyika dans un avenir
Lake Tanganyika into the foreseeable future. It
prévisible. Il est financé par le GEF (Fonds
is funded by the Global Environmental Facility
pour l'environnement mondial) par le biais du
through the United Nations Development
Programme des Nations Unies pour le
Programme.
développement (PNUD)"





































































Prepared by EnAct International Limited under contract to MRAG Limited for the
purposes of the GEF funded project: "Pollution Control and Other Measures to
Protect Biodiversity in Lake Tanganyika."


INTRODUCTORY NOTE

A first working draft of the Lake Tanganyika Convention was prepared, in English and French, in June
1999 on the basis of the recommendations of the Regional Legal Workshop held in Lusaka, Zambia in
February 1998.

The first draft formed the basis of discussions at the Anglophone Sub-regional Legal Workshop
(Tanzania and Zambia) held in Dar es Salaam during the last week of August 1999 and the
Francophone Sub-regional Legal Workshop (Burundi and the D.R. Congo) held in Arusha the following
week. By the end of each workshop a new second draft of the Convention had been prepared: an
English language second working draft and a French-language second working draft.

A consolidated third working draft, incorporating the amendments made at both of the Sub-regional
workshops, formed the basis of the discussions at the Regional Legal Workshop held in Arusha during
the first week of November 1999 and which was attended by delegations from all of the four riparian
States.

This document, the fourth working draft, is the latest English language version of the draft Convention,
now re-named the `Convention on the Sustainable Management of Lake Tanganyika' and purports to
contain the amendments and alterations agreed at the Regional Workshop. It should be noted that for
logistical reasons it was not possible to print out the agreed final text at the workshop for consideration
by the workshop delegates. The delegates are therefore asked to carefully review this fourth draft, to
compare it with their notes so as to ensure the accuracy of the text, and to forward any comments or
observations they may have to MRAG1.

1 MRAG, 47 Prince's Gate, London SW7 2AQ








THE CONVENTION ON THE SUSTAINABLE MANAGEMENT OF LAKE TANGANYIKA
(Working Draft 4)


PREAMBLE

The Contracting States,

Conscious of Lake Tanganyika's unique aquatic and other biological diversity and of the Lake's
significance for the development of the four riparian States on its shores;

Recognising that Lake Tanganyika is the shared heritage of the riparian States;

Conscious of the threats to the Lake environment as a result of pollution, sedimentation, over-fishing
and other adverse impacts of human activities within the territories of the Contracting States;

Reaffirming that in accordance with principles of international law States have the sovereign right to
exploit their own resources pursuant to their own environment and development policies and the
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment of other States;

Reaffirming further that the conservation of biological diversity is a common concern of humankind and
that States are responsible for conserving their biological diversity and for using their biological
resources in a sustainable manner;

Recognising that the riparian States share a common interest in the conservation and equitable
utilisation of the resources of Lake Tanganyika;

Recognising that integrated management of the Lake environment by the riparian States is essential to
ensure its conservation and the sustainable use of its natural resources and to optimise the benefits
derived from it by the riparian States;

Recognising the necessity of establishing a sustainable legal and institutional framework for co-
operative management of the Lake by the riparian States and the contribution that this would make to
strengthening relations between them and to promoting development in the region;

Recalling the principles enunciated in the Declaration on Environment and Development adopted by
the United Nations Conference on Environment and Development in 1992, the 1992 Convention on
Biological Diversity, and international and regional agreements and instruments relating to shared
watercourses;

Have agreed as follows:


Article 1. USE OF TERMS

For the purposes of this Convention:

"Adverse impact" means any actual or potential detrimental effect on the Lake environment
and any actual or potential consequential detrimental effect on legitimate uses of the Lake, on
the health of the people of a Contracting State or on their ability to provide for their health,
safety and cultural and economic well-being, that results directly or indirectly from human
conduct originating wholly or partly within the territory of a Contracting State or from a vessel
or aircraft under its jurisdiction or control, beyond that which is negligible or which has been
assessed and determined to be acceptable under this Convention and under any subsequent
protocols;


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"Authority" means the Lake Tanganyika Authority established under Article 24;

"Biological diversity" means the variability among living organisms from all sources,
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between species and
of ecosystems;

"Conference of the Parties" means the Conference of the Parties established by Article 23;

"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities
and their non-living environment interacting as a functional unit;

"Environment" includes, but is not limited to, the whole or any component of:

(a)
nature, which includes air, water, land, (including soils and minerals), energy
and living organisms (other than humans);

(b)
the interaction between the components of nature and between those
components and humans; and

(c)
physical, aesthetic and cultural qualities or conditions that affect the health
and well-being of people;

"Genetic resources" means any material of plant or animal, microbial or other origin
containing functional units of heredity of actual or potential value;

"Lake environment" means the whole or any component of the aquatic environment of Lake
Tanganyika and those ecosystems and aspects of the environment that are associated with,
affect or are dependent on, the aquatic environment of Lake Tanganyika, including the system
of surface waters and ground waters that flow into the Lake from the four riparian States and
the land submerged by these waters.

"Management Committee" means the Management Committee of the Authority described in
Article 25;

"Natural resources" mean any naturally occurring living or non-living component of the
environment of actual or potential use or value to humanity, including: air, land, water, soils,
minerals, energy, genetic resources, biochemicals, organisms or parts of organisms,
populations and other biotic components of an ecosystem;

"Pollution" means the introduction by humans, directly or indirectly, of substances or energy
into the Lake environment, which results or is likely to result, in hazards to human health, harm
to living organisms and ecosystems, damage to amenities or interference with legitimate uses
of the Lake, including fishing and navigation;

"Secretariat" means the Secretariat of the Authority described in Article 26;

"Transboundary adverse impact" means any adverse impact that extends beyond the
territory of the Contracting State in which the physical origin of the adverse impact is situated.



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Article 2. OBJECTIVE

1.
The objective of this Convention is to ensure the protection and conservation of the biological
diversity and the sustainable use of the natural resources of Lake Tanganyika and its
environment by the Contracting States on the basis of integrated and co-operative
management.

2.
In order to achieve this objective, the Contracting States shall:

a. co-operate in the development and implementation of harmonised laws and standards
concerning the management of Lake Tanganyika and its environment; and

b. accord particular attention to ensuring that present and future communities living near the
Lake benefit from the sustainable use of the Lake's natural resources and amenities.


Article 3. JURISDICTIONAL SCOPE

This Convention applies to Lake Tanganyika and to its environment in the riparian States as well as to
all human activities, aircraft and vessels under the control of a Contracting State to the extent that
these activities or the operation of such aircraft or vessels result or are likely to result in an adverse
impact.


Article 4. CO-OPERATION

1.
The Contracting States shall co-operate in good faith in the management of Lake Tanganyika
and the Lake environment in a manner that most effectively promotes the attainment of the
objective referred to in Article 2 paragraph 1, and that gives effect to the guiding principles set
out in Article 5.

2.
Such co-operation shall include:

a. planning and managing activities under the jurisdiction or control of a Contracting State
which have an adverse impact or which may have an adverse impact on the Lake and its
environment;

b. supporting the activities and building the capacity of the institutions established under this
Convention;

c. formulating and adopting protocols to this Convention as stipulated in Article 34;

d. exchanging information concerning the state of the Lake environment, the results of the
monitoring of activities in the Lake basin that may affect the Lake environment, and
experience concerning the protection, sustainable use and management of Lake
Tanganyika;

e. keeping the other Contracting States informed of planned and on-going activities that
have or are likely to have an adverse impact on the Lake and its environment;

f.
engaging in joint research; and

g. implementing this Convention.



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Article 5. GUIDING PRINCIPLES

The natural resources of Lake Tanganyika shall be protected, conserved, managed, and used for
sustainable development to meet the needs of present and future generations in an equitable manner.
To this end the following principles shall be applied.

a. The precautionary principle, by virtue of which preventive measures are to be taken when
there are reasonable grounds for concern that an actual or planned activity within the
territory or under the jurisdiction and control of a Contracting State may bring about an
adverse impact, even if there is no conclusive scientific evidence of a causal relationship
between the activity and the adverse impact.

b. The polluter pays principle, by virtue of which the costs of pollution prevention, control
and reduction measures are to be borne by the polluter.

c. The principle of preventive action, by virtue of which action shall be taken to prevent
adverse impacts arising by taking timely action to address the actual or potential causes
of the adverse impacts.

d. The principle of participation by virtue of which concerned and affected natural and legal
persons and Lake side communities must be given the opportunity to participate, at the
appropriate level, in decision-making and management processes that affect the Lake
environment and are given appropriate access to information concerning the environment
that is held by public authorities and effective access to judicial and administrative
proceedings to enable them to exercise their rights effectively.

e. The principle of equitable benefit sharing by virtue of which local communities are entitled
to share in the benefits derived from local natural resources.

f.
Lake Tanganyika and any related installations, facilities and works shall be used
exclusively for peaceful purposes in accordance with the Charter of the United Nations
and shall not be violated in time of international or internal armed conflicts.


Article 6. PREVENTION AND MINIMISATION OF TRANSBOUNDARY ADVERSE IMPACTS

1.
The Contracting States shall ensure that activities within their jurisdiction or control do not
cause transboundary adverse impacts.

2.
The Contracting States shall take appropriate measures to address the causes or potential
causes of adverse impacts within their jurisdiction or control, to prevent adverse impacts and
to mitigate those adverse impacts that cannot be prevented, and thereby reduce the risk and
magnitude of transboundary adverse impacts.


Article 7. FISHERIES MANAGEMENT

1.
The Contracting States shall co-operate to promote sustainable fisheries management on
Lake Tanganyika and shall take, as a matter of priority, appropriate measures to prevent and
reduce as far as possible adverse impacts from fishing activities under their jurisdiction or
control.

2.
In order to promote sustainable fisheries management the Contracting States, acting
separately and jointly, shall:


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a. develop, implement and enforce a framework fisheries management plan for Lake
Tanganyika which shall conform with the strategic action programme prepared in
accordance with Article 13;

b. develop harmonised national fisheries policies based on the relevant principles set out in
the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food
and Agriculture Organization of the United Nations;

c. develop, adopt, implement and enforce harmonised legal, administrative and technical
measures to manage fisheries and to eliminate unsustainable fishing practices and to
reduce the pressure on over-exploited fisheries by, in particular, regulating fishing effort,
practices and capacity; and

d. promote broad participation in fisheries management including the development of
community based management structures with due regard to local conditions.


Article 8. PREVENTION AND CONTROL OF POLLUTION

1.
The Contracting States shall, as a matter of priority, take appropriate measures to prevent and
reduce pollution of Lake Tanganyika and its environment arising from activities within their
jurisdiction or control.

2.
In particular, each Contracting State shall:

a. to the extent possible, construct and maintain installations within their territory to reduce
the risk of pollution of the Lake and its environment ;

b. ensure that waste is not disposed of into Lake Tanganyika except under, and in
accordance with, a permit issued by the relevant authority of the Contracting State
concerned ; and

c. develop, adopt, implement and enforce appropriate legal, administrative and technical
measures to prevent, control and reduce pollution:

i.
from both point and non-point sources;

ii. from vessels navigating on the Lake; and

iii. from the manufacture, handling, transportation, use and disposal of toxic or
hazardous materials in the Lake environment.

3.
The Contracting States shall develop and adopt a protocol to this Convention specifying the
minimum measures and standards to be adopted by each Contracting State in order to ensure
the harmonised implementation of pollution prevention and mitigation measures to protect
human health and achieve a high level of protection for the Lake environment.


Article 9. PREVENTION OF SEDIMENTATION

Each Contracting State shall, as a matter of priority, take appropriate legal, administrative and
technical measures to prevent all causes of excessive sedimentation in the Lake, such as
deforestation, land degradation and the destruction of wetlands.


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Article 10. CONSERVATION OF BIOLOGICAL DIVERSITY

1.
The Contracting States, acting separately or jointly, shall develop, adopt, implement and
enforce appropriate legal, administrative and technical measures:

a. to conserve rare, fragile and representative ecosystems and rare, depleted, or threatened
species and populations of flora and fauna and their habitats that form part of the Lake
environment;

b. to prevent the introduction of, control and eradicate exotic species that threaten
ecosystems, habitats or species and the genetic resources that form part of the Lake
environment;

c. to prevent the deliberate or accidental introduction of species into areas of the Lake
environment in which they do not naturally occur.

2.
A Contracting State shall not permit the introduction of any exotic species of organism into the
Lake environment or into any other place where there is an appreciable risk of the organism
entering the Lake environment, unless the other Contracting States have been consulted and
have given their consent, which shall not be withheld unreasonably.


Article 11. ACCESS TO GENETIC RESOURCES

1.
The Contracting States shall co-operate through the Authority:

a. to develop, implement and enforce legislative, administrative, policy and other measures
to control access to the genetic and biochemical resources of the Lake and its
environment;

b. to promote research into the protection and utilisation of the genetic and biochemical
resources of the Lake and its environment; and

c. to share in a fair and equitable way the results of research and development and the
benefits arising from the utilisation of the genetic and biochemical resources of the Lake
and its environment in accordance with the Convention on Biological Diversity.

2.
For the purposes of this article:

a. "access to genetic and biochemical resources" means access to obtain samples of
biological and other materials containing genetic material for the purposes of the
conservation of, research on, or the commercial or industrial application of, the genetic
material or biochemicals; and

b. "biochemicals" means unimproved or unmodified chemical compounds, other than
deoxyribonucleic acids or ribonucleic acids, formed by the metabolic processes of a living
organism.


Article 12.
NAVIGATION

1.
Subject to paragraphs 4, 5 and 6 of this article, each Contracting State shall accord any vessel
flying the flag of a Contracting State the freedom to navigate on those parts of Lake
Tanganyika under its jurisdiction and control.

2.
In the exercise of the freedom of navigation referred to in the previous paragraph, the
nationals, property and vessels flying the flags of all Contracting States shall be treated

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equally in all respects and no exclusive rights of navigation shall be accorded to any natural or
legal person.

3.
Each Contracting State shall implement and enforce appropriate legal, administrative and
technical measures in accordance with relevant international standards to prevent and reduce
the risk of pollution from any vessels flying its flag.

4.
A Contracting State has the right to reserve to its own flag the right to transport passengers
and goods that are both loaded and discharged at ports under its jurisdiction.

5.
A Contracting State shall not be obliged to accord freedom of navigation to a warship of
another Contracting State.

6.
Each Contracting State may without discrimination restrict or prohibit the navigation by vessels
flying the flag of a Contracting State on those parts of Lake Tanganyika under its jurisdiction
where this is necessary for the protection of the environment, safety, human health or for
reasons of national security.


Article 13. STRATEGIC ACTION PROGRAMME

1.
The Contracting States shall collaborate in the preparation and implementation of a strategic
action programme to give effect to the measures set out in this Convention.

2.
The strategic action programme shall include specific aims directed at achieving the objective
of this Convention, strategies for achieving these aims, specific measures to be taken by the
Contracting States separately or jointly to achieve these aims and details of the means to be
used to monitor progress toward the achievement of these aims.

3.
The Contracting States shall monitor the effectiveness of the strategic action programme and
shall revise it as necessary.

4.
The Contracting States shall ensure that the measures contained in the strategic action
programme are integrated into relevant national policies, strategies, programmes and plans.


Article 14. PRIOR NOTIFICATION

1.
The Contracting State or States under whose jurisdiction or control a proposed activity listed in
Part A of Annex I is planned to take place or a public policy, plan or programme that is likely to
give rise to transboundary adverse impacts has been prepared, shall notify the Secretariat as
early as possible which shall notify the other Contracting States without delay.

2.
The notification shall contain information on the proposed activity, programme or policy,
including any available information on its possible transboundary adverse impacts and effects.

3.
Any Contracting State that considers that it should have received prior notification under this
article of a proposed activity, public policy, plan or programme under the jurisdiction of another
Contracting State, shall request the Secretariat to intercede on its behalf with that Contracting
State.

4.
The Contracting States undertake to define the modalities of notification in a Protocol to this
Convention.




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Article 15.
ENVIRONMENTAL IMPACT ASSESSMENT

1.
Each Contracting State, in order to avoid and minimise adverse impacts, shall:

a. adopt and implement appropriate legal, administrative and other measures requiring an
assessment to be conducted of the environmental impacts of proposed projects and of
activities within its jurisdiction or control, that are likely to give rise to adverse impacts;

b. adopt and implement appropriate legal and administrative procedures and institutional
arrangements to ensure that when public policies, plans and programmes are being
developed and implemented, the consequences for the Lake environment are taken into
account including any comments received from other Contracting States;

c. monitor compliance with and enforce any conditions in development consents or other
authorisations that were imposed for the purpose of protecting the Lake environment.

2.
The Contracting State within whose jurisdiction a proposed activity listed in Part A of Annex I is
planned to take place, shall ensure that the environmental impact assessment procedure
results in the production of documentation conforming with Part B of Annex I.

3.
A Contracting State that may be affected by a proposed activity listed in Part A of Annex I
shall, at the request of a Contracting State under whose jurisdiction the proposed activity is
planned to take place, promptly provide the latter through the Management Committee, with all
information relevant to the assessment of the potential transboundary adverse impacts within
the jurisdiction of the affected Contracting State as is reasonably obtainable.

4.
The Contracting State or States under whose jurisdiction a proposed activity is planned to take
place shall, after completion of the environmental impact assessment documentation, consult
with the other Contracting States and the Management Committee on measures to prevent,
reduce or eliminate transboundary and other impacts including any post-project monitoring
and analysis that may be required. At the commencement of the consultation the Contracting
States shall agree a reasonable time-table for the duration of the consultation period.

5.
The Contracting States shall ensure that in reaching the final decision on the proposed activity,
due account is taken of the outcome of the environmental impact assessment procedure,
including the environmental impact assessment documentation, comments on it and
objections to it and the consultations under this article. The Contracting State under whose
jurisdiction the final decision is made shall provide the Secretariat with a copy of the final
decision .

6.
If after an activity has been authorised in accordance with this article, the Secretariat or a
Contracting State obtains additional information on the transboundary adverse impact of the
activity which was not available at the time the decision was made and which could have
materially affected the decision, this information shall be communicated immediately to the
other Contracting States through the Secretariat and the Contracting States shall consult to
decide whether or not the decision should be reviewed or additional measures taken to reduce
or eliminate the impact.

7.
The Contracting States shall co-operate in the development of technical, legal and other
measures concerning joint transboundary environmental impact procedures.



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Article 16
EDUCATION AND PUBLIC AWARENESS

Each Contracting State shall:

a. promote and encourage public awareness of the importance of the ecosystem of Lake
Tanganyika and its environment;

b. elaborate and implement a programme of education and public awareness of the lakeside
population through all possible means in respect of the importance of the biological
diversity of the Lake environment and its management for sustainable development;

c. develop a sense of awareness in the lakeside population that they are an integral part of
the Lake environment.


Article 17.
PUBLIC PARTICIPATION IN DECISION MAKING PROCESSES

1.
Each Contracting State shall adopt and implement legal, administrative and other appropriate
measures to ensure that the public, and in particular those individuals and communities living
within the Lake environment:

a. have the right to participate at the appropriate level, in decision-making processes that
affect the Lake environment or their livelihoods, including participation in the procedure
for assessing the environmental impacts of projects or activities that are likely to result in
adverse impacts; and

b. are given the opportunity to make oral or written representations before a final decision is
taken.

2.
Each Contracting State shall ensure that appeal or review procedures exist in respect of any
decision by a public body to authorise an activity that is likely to give rise to an adverse impact.


Article 18.
ACCIDENTS AND EMERGENCIES

1.
If an accident or emergency arises within the territory of a Contracting State that causes or is
likely to cause an adverse impact, the Contracting State concerned shall immediately notify
the Secretariat which shall in turn notify the other Contracting States as soon as possible.

2.
The Contracting States shall establish co-ordinated or joint warning and emergency response
plans to reduce the risk of adverse impacts and to deal effectively with potential accidents and
emergencies that are likely to cause adverse impacts, including humanitarian emergencies,
major pollution incidents and shipping accidents.


Article 19.
PUBLIC ACCESS TO INFORMATION

1.
The Contracting States shall ensure that, subject to Article 20, adequate information is made
available to the public concerning the state of the Lake environment, planned development
activities, measures taken or planned to be taken to prevent, control and reduce adverse
impacts, and the effectiveness of those measures. For this purpose each Contracting State
shall ensure that information is made available to the public on the following:

a. water and environmental quality objectives to be achieved throughout that part of Lake
Tanganyika that falls under the jurisdiction of that Contracting State;


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b. the results of monitoring compliance with permits and the attainment of water and
environmental quality objectives;

c. any notifications received by that Contracting State under Article 14 concerning proposed
activities listed in Part A of Annex I;

d. reports on the environmental impact assessment of any of the proposed activities listed in
Part A of Annex I.

2.
The Contracting States shall ensure that any information referred to in paragraph 1 that is held
by a public body is available to the public for inspection at all reasonable times free of charge
and shall provide members of the public with facilities for obtaining, on payment of reasonable
charges, copies of such information.


Article 20.
EXCHANGE OF INFORMATION

1.
The Contracting States shall exchange through the Authority data and information concerning
the sustainable management of the Lake environment and the implementation of this
Convention, as is available including inter alia data and information on:

a. the state of the Lake environment and its biological diversity, in particular monitoring data
and information of a hydrological, hydro-geological, meteorological and ecological nature
and related to water quality, as well as related forecasts;

b. the results of research relevant to the management of the Lake environment;

c. legal, administrative and other measures taken and planned to be taken to prevent,
control and reduce adverse impacts;

d. accidents and emergencies that have given or are likely to give rise to adverse impacts;

e. actions taken to monitor, control and enforce legal provisions or administrative measures
used to give effect to this Convention, including any conditions imposed on activities listed
in Part A of Annex I that were imposed for the purpose of protecting the Lake
environment, and any fisheries conservation and management measures.

2.
If a Contracting State is requested by any other Contracting State or by the Authority to
provide data or information that is not readily available, the former shall employ its best efforts
to comply with the request.


Article 21. PROTECTION OF CONFIDENTIAL INFORMATION

1.
This Convention shall not affect rights or obligations of the Contracting States established in
accordance with their domestic laws, regulations, administrative provisions or accepted legal
practices and international agreements to protect information relating to personal data,
intellectual property, including confidential industrial or commercial information or national
security.

2.
Contracting States that receive confidential industrial or commercial information or other
confidential information in the course of the exchange of information required under this
Convention shall respect the confidentiality of the information received and the conditions
under which it is supplied and shall use that information only for the purposes for which it was
supplied.



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Article 22.
REPORTING

1.
Each Contracting State shall report periodically to the Authority on measures which it has
taken to implement this Convention and on the effectiveness of these measures in meeting the
objective of this Convention and on any other matters determined by a decision of the
Conference of the Parties. These reports shall include in particular:

a. information on the laws and administrative procedures of the Contracting State regulating,
or relevant to the prevention, control and reduction of adverse impacts;

b. legal, administrative and other measures taken relating to the assessment of the
environmental impact of proposed activities and measures to give effect to the obligations
envisaged in Article 15;

c. information on the state of the Lake environment within the territory of the Contracting
State; and

d. measures taken to implement the provisions of this Convention or to further the
attainment of its objective.

2.
The Secretariat shall submit recommendations to the Contracting States regarding the reports
that are required for the effective implementation of this Convention, the information to be
included in the reports, the frequency with which they should be submitted and how reporting
should be done, for consideration by the Contracting States at the second meeting of the
Conference of the Parties and at subsequent meetings.


Article 23. CONFERENCE OF THE PARTIES

1.
A Conference of the Parties is hereby established. The first meeting of the Conference of the
Parties shall be convened by the President of [the name of the country in which this
Convention is signed] not later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the Conference of the Parties shall be held in rotation in the
Contracting States at least once a year, unless the Conference of the Parties decides
otherwise.

2.
Each meeting of the Conference of the Parties shall be chaired by the Head of the delegation
of the Contracting State that is hosting the meeting.

3.
Extraordinary meetings of the Conference of the Parties shall be held at any other time
decided by the Conference, or at the written request of any Contracting State, provided that,
within three months of the request being communicated to the other Contracting States by the
Secretariat, it is supported by at least one other Contracting State.

4.
The first Conference of the Parties shall by consensus agree upon and adopt rules of
procedure for itself and the Authority. At each ordinary meeting it shall adopt a budget for the
Authority for the period until the next ordinary meeting.

5.
The Conference of the Parties shall regularly evaluate the implementation of this Convention,
and, for this purpose, shall:

a. consider and adopt protocols to be concluded in accordance with Article 34;

b. consider and adopt in accordance with Article 35 additional annexes to this Convention;

c. consider and adopt in accordance with Article 36 amendments to this Convention and its
annexes;

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d. consider amendments to any protocol as well as to annexes to a protocol and, if so
decided, recommend their adoption to the parties to the protocol concerned;

e. establish whatever subsidiary bodies may be considered necessary for the effective
implementation of this Convention;

f.
undertake any additional action that may be required for the effective achievement of the
objectives of this Convention in the light of experience gained in implementing it.

6.
The Organisation of African Unity, the United Nations and their specialised agencies may be
represented as observers at meetings of the Conference of the Parties. Any state not party to
this Convention and any other body or agency, whether governmental or non-governmental,
qualified in fields relating to the subject matter of this Convention, which has informed the
Secretariat of its wish to be represented as an observer may be admitted unless two or more
of the Contracting States present, object. The admission and participation of observers shall
be subject to the rules of procedure adopted by the Conference of the Parties.

7.
Each Contracting State shall be represented at the Conference of the Parties by a delegation
led by a Minister.


Article 24. LAKE TANGANYIKA AUTHORITY

1.
The Lake Tanganyika Authority is hereby established comprising the Management Committee
and the Secretariat.

2.
The function of the Authority is to co-ordinate the implementation of this Convention by the
Contracting States and, in accordance with this Convention and the decisions of the
Conference of the Parties, to advance and represent the common interests of the Contracting
States in matters concerning the management of Lake Tanganyika and its environment.

3.
The Authority shall have international legal personality and such legal capacity as may be
necessary to perform its functions and objectives and having its headquarters at the place
designated by the Conference of the Parties. The Authority shall enter into a headquarters
agreement approved by the Conference of the Parties with the host government.

4.
The Authority may with the approval of the Conference of the Parties establish regional offices
within the territory of any of the Contracting States.

5.
The Executive Director of the Secretariat shall be the chief executive officer of the Authority
and shall represent the Authority in the exercise of its legal personality.

6.
Each Contracting Party shall, having regard to the diplomatic rules governing international
organisations, grant to: the Lake Tanganyika Authority and its property, funds and assets, the
privileges, immunities and facilities that it needs to carry out its activities; and the members of
the Management Committee and of the Secretariat the privileges, immunities and facilities that
they need to perform their official functions.


Article 25. LAKE TANGANYIKA MANAGEMENT COMMITTEE

1.
The Lake Tanganyika Management Committee consists of three members appointed by each
Contracting State. The Executive Director of the Secretariat shall serve as the secretary of the
Management Committee and shall attend its meetings but shall not have the right to vote.


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2.
Each Contracting State shall appoint persons with expertise relevant to the sustainable
management of the Lake environment and the implementation of the strategic action
programme as members of the Management Committee.

3.
The first meeting of the Management Committee shall be convened by the first chairperson of
the Conference of the Parties not later than eighteen months after the entry into force of this
Convention. This meeting shall be presided over by a member of the Management Committee
from the host country who shall hold officer for a period of three years. At the end of this
mandate, the position of Chairperson of the Management Committee shall be rotated among
the representatives of the Contracting States in the alphabetical order of the countries starting
with the first Chairperson. Thereafter the Management Committee shall hold ordinary meetings
at least once a year.

4.
Extraordinary meetings of the Management Committee may be held at such other time
decided by the Management Committee and shall be convened at the written request of any
Contracting State by the Chairperson of the Management Committee.

5.
Decisions of the Management Committee shall be made by consensus. If the Management
Committee cannot reach consensus on a particular issue, it shall be re-considered at the next
meeting. If consensus is still not reached, a decision may be made by a two thirds' majority of
the votes of the members present and voting either in person or by proxy. The Management
Committee shall propose rules of procedure for itself and for any subsidiary bodies for
approval by the Conference of the Parties.

6.
Subject to the provisions of any rules of procedure approved by the Conference of the Parties
for the Management Committee, the latter may form temporary or permanent sub-committees
and working groups and may request technical advice from third parties.

7.
The Management Committee shall support, co-ordinate and monitor the implementation of this
Convention. To this end it shall:

a. implement the policies and decisions of the Conference of the Parties and undertake
tasks assigned to it by the Conference of the Parties;

b. provide scientific and technical advice to the Conference of the Parties;

c. prepare and propose for approval of the Conference of the Parties a strategic action
programme for Lake Tanganyika in accordance with Article 13 and review and revise the
strategic action programme and propose any new or amended programme for approval
by the Conference of the Parties;

d. co-ordinate and supervise the implementation of any strategic action programme
approved by the Conference of the Parties;

e. prepare and propose for approval by the Conference of the Parties, additional protocols,
annexes to this Convention and annexes to protocols, and amendments to this
Convention or to any related protocol or annex;

f.
negotiate with donors interested in supporting the implementation of this Convention with
a view to developing donor-funded programmes and projects for consideration by the
Conference of the Parties;

g. commission studies and assessments to enable this Convention to be effectively
implemented and to monitor and evaluate its effectiveness;


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h. supervise the activities of the Secretariat including assigning tasks to it, approving annual
work programmes and monitoring the execution of that programme and the budget of the
Secretariat;

i.
undertake, at the request of the Chairperson of the Conference of the Parties, any urgent
or important task under this Convention that may arise between sessions of the
Conference of the Parties and report back to the Conference of the Parties at its next
meeting.


Article 26. SECRETARIAT OF THE LAKE TANGANYIKA AUTHORITY

1.
The Secretariat of the Lake Tanganyika Authority shall comprise an Executive Director, a
Deputy Executive Director and any other staff that may be required for its operation.

2.
The Secretariat is the executive organ of the Authority and shall be under the supervision of
the Management Committee. The Secretariat shall be under the direction of the Executive
Director who shall be assisted by the Deputy Executive Director.

3.
The functions of the Secretariat are:

a. to carry out the tasks assigned to it by the Management Committee;

b. to provide technical and scientific services and advice required by the Management
Committee and the Conference of the Parties;

c. to perform the financial and other administrative, services required for the proper and
efficient operation of the Conference of the Parties, the Management Committee and the
Secretariat;

d. to formulate annual work programmes and budgets for the Authority;

e. to prepare plans, projects, assessments, reports and the like as required by the
Management Committee;

f.
to regularly obtain and update information relevant to the implementation of this
Convention and ensure that it is disseminated to all Contracting States;

g. to maintain databases of information as required by the Management Committee or the
Conference of the Parties and to facilitate the exchange of information under this
Convention;

h. to arrange and support meetings of the Conference of the Parties and of the Management
Committee;

i.
to perform the functions assigned to it by any protocol;

j.
to prepare reports on the execution of its functions under this Convention and to present
them to the Management Committee; and

k. to perform any other functions as may be determined by the Conference of the Parties.

4.
The Conference of the Parties shall appoint the Executive Director and the Deputy Executive
Director of the Secretariat subject to terms and conditions of service (including provisions on
removal) approved by the Conference of the Parties for a period not exceeding three years.
An Executive Director or Deputy Executive Director may, at the discretion of the Conference of
the Parties, be appointed for one further term of three years.

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5.
The first Executive Director and Deputy Executive Director shall be appointed from a list of
suitably qualified candidates. Subsequent Executive Directors and Deputy Executive Directors
shall be appointed by the Conference of the Parties from suitably qualified candidates
nominated by the Contracting State which in alphabetical order follows the Contracting State
that nominated the previous Executive Director or Deputy Executive Director. If an Executive
Director or a Deputy Executive Director does not complete a term of office a replacement
Executive Director or Deputy Executive Director nominated by the same Contracting State
shall be appointed to complete the term of office. Each Executive Director and Deputy
Executive Director shall be a national of a Contracting State.

6.
The Executive Director of the Secretariat with the approval of the Management Committee
shall appoint the staff of the Secretariat on the basis of technical competence but with due
regard to the need to appoint, as far as possible, equal numbers of technical professional staff
from each of the Contracting States.


Article 27. TECHNICAL COMMITTEES

1.
The Management Committee shall be assisted in the performance of its functions by:

a. a Socio-economic Technical Committee comprising one representative from each of the
Contracting States, which shall advise the Management Committee on socio-economic
aspects of the sustainable management and protection of the Lake environment;

b. a Fisheries Management Technical Committee comprising one representative from each
of the Contracting States, which shall advise the Management Committee on
management measures to conserve the fisheries of Lake Tanganyika and to develop the
traditional and commercial fishing sectors on a sustainable basis; and

c. a Biological Diversity Technical Committee comprising one representative from each of
the Contracting States, which shall advise the Management Committee on management
measures to protect and conserve the biological diversity of the Lake environment and on
access to the genetic resources of the Lake environment and related matters.

2.
The Management Committee may, with the consent of the Conference of the Parties, establish
other technical committees to assist it in the performance of its functions.

3.
Technical committees shall be governed by procedures approved by the Conference of the
Parties pursuant to Article 25 paragraph 7.


Article 28. FINANCIAL RESOURCES

1.
The Contracting States shall contribute in equal proportions to the budget of the Authority
unless otherwise agreed.

2.
The Authority shall seek to obtain funds for its operation and for projects from donors and
other sources.

3.
The Authority shall, as far its financial resources permit, fund:

a. the incremental costs to each Contracting State of managing the Lake environment on a
co-operative basis; and

b. activities undertaken to implement the strategic action programme in as far as these
benefit more than one of the Contracting States.

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4.
Each Contracting State shall fund those activities related to the implementation of this
Convention that are undertaken within its territory or for its exclusive benefit, unless otherwise
agreed by the Conference of the Parties.

5.
The Conference of the Parties shall, no later than its third meeting, discuss the adoption of a
protocol to establish a fund or other financial mechanism to support the implementation of this
Convention.


Article 29. SETTLEMENT OF DISPUTES

1.
In the event of a dispute between Contracting States concerning the interpretation or
implementation of this Convention, the States concerned shall notify this to the Secretariat of
the Authority and shall seek a solution through negotiation. The Secretariat shall notify the
other Contracting States of the existence and nature of the dispute.

2.
If the States concerned cannot settle the dispute through negotiation they shall agree in good
faith a dispute resolution procedure which may include:

a. jointly seeking the good offices of, or mediation by, a third party (which shall be a
Contracting State that is not involved in the dispute);

b. submitting the dispute to impartial fact-finding in accordance with the provisions of Annex
III; and/or

c. submitting the dispute to arbitration in accordance with the procedure laid down in Annex
IV.

3.
The provisions of this article shall apply with respect to any protocol unless otherwise provided
in the protocol concerned.


Article 30. LIABILITY OF OPERATORS OF DANGEROUS ACTIVITIES

1.
Each Contracting State shall ensure that each Operator that undertakes on its territory one or
more of the activities listed in Annex II:

a. is regularly monitored to ensure that such activities comply with applicable laws and
administrative requirements concerning the protection of the Lake environment;

b. is required to participate in a financial security scheme or to have and maintain a financial
guarantee up to a certain limit, of a type and on terms specified by the domestic laws of
that State, to cover liability under this Convention;

c. is bound by the provisions of this article.

2.
For the purposes of this article and article 31:

"Operator" means any person, association, public or private body, whether corporate or not,
including the State and any of its entities which exercises control over dangerous activities;
and

"dangerous activity" means any activity listed in Annex II.

3.
An Operator undertaking a dangerous activity shall take necessary and timely response
action, including prevention, containment, clean up and removal measures, if the activity

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results in or threatens to result in an adverse impact. The Operator shall notify the Secretariat
of action taken pursuant to this paragraph and the Secretariat shall circulate the notification to
all the Contracting States.

4.
An Operator shall be strictly liable for:

a. any adverse impacts arising from its dangerous activities, and shall be liable to pay
compensation if the Lake environment is not restored to the condition it was in prior to
such adverse impacts;

b. loss of or impairment to any legitimate use of the Lake such as navigation, tourism, or
fishing, arising directly from an adverse impact referred to in paragraph (a);

c. loss of or damage to the property of a third party or loss of life of or personal injury to a
third party arising directly from an adverse impact referred to in paragraph (a); and

d. reimbursement of reasonable costs incurred by any person relating to any necessary
response action, including prevention, containment, clean up, removal measures and
action taken to restore the Lake environment to the condition it was in prior to the adverse
impact.

5.
An Operator shall not be liable pursuant to paragraph 4 if and to the extent that it proves that
the adverse impact has been caused by:

a. a natural disaster which could not reasonably have been foreseen; or

b. armed conflict or an act of terrorism directed against the activities of the Operator, against
which no reasonable precautionary measures could have been effective.

6.
If an Operator proves that the adverse impact has been caused wholly or in part by an
intentional or grossly negligent act or omission of the party seeking redress, that Operator may
be relieved wholly or in part from its obligation under paragraph 4 to reimburse costs incurred
by such a party or to pay compensation in respect of any loss, damage or personal injury
suffered by such a party.

7.
The Contracting States may elaborate in a separate protocol further rules and procedures in
respect of liability under this article, which rules and procedures shall be designed to enhance
the protection of the Lake environment and to facilitate the effective implementation of this
Convention.


Article 31. LIABILITY AND COMPENSATION

1.
A Contracting State shall be liable in accordance with international law for any transboundary
adverse impacts arising from its failure to fulfil its obligations under this Convention, including
any failure to fulfil its obligations under paragraph 1 of Article 30 of this Convention with
respect to an Operator.

2.
The liability of a Contracting State for transboundary adverse impacts arising from the
undertaking within its territory of an activity listed in Annex II shall be reduced by the extent to
which compensation is paid, restoration is made or expenses are reimbursed by the Operator
in accordance with paragraph 4 of Article 30, or this liability is otherwise satisfied.



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Article 32. ACCESS TO COURTS

1.
Each Contracting State shall grant any person claiming compensation or other relief arising
from an adverse impact caused by activities carried out within its territory, including claims
made pursuant to paragraph 4 of Article 30, access to legal remedies in accordance with its
legal system.

2.
In granting the rights and access referred to in paragraph 1 a Contracting State shall not
discriminate on the basis of nationality, residence, or place where the injury occurred.


Article 33. RIGHT TO VOTE

Each Contracting State to this Convention or to any protocol shall have one vote.


Article 34. PROTOCOLS TO THIS CONVENTION

1.
The Contracting States shall co-operate in the formulation and adoption of any protocols to
this Convention that they consider appropriate to further the attainment of the objective of this
Convention.

2.
Protocols shall be adopted at a meeting of the Conference of the Parties.

3.
The text of any proposed protocol shall be communicated to the Contracting States by the
Secretariat at least six months before such a meeting.

4.
A State may not become a Party to a protocol unless it is, or becomes at the same time, a
Contracting State to this Convention.

5.
Decisions under any protocol shall be taken only by the parties to the protocol concerned. A
Contracting State that has not ratified, accepted or approved a protocol may participate as an
observer in any meeting of the parties to that protocol.


Article 35. ANNEXES

1.
The annexes to this Convention or to any protocol form an integral part of this Convention or
the protocol to which it is annexed and, unless expressly provided otherwise, a reference to
this Convention or to a protocol refers also to any annexes to that instrument.

2.
Except as otherwise provided in any protocol, annexes to this Convention or to any protocol
shall be proposed and adopted according to the procedure laid down in Article 34.


Article 36. AMENDMENT OF THE CONVENTION OR PROTOCOLS

1.
Any Contracting State may propose amendments to this Convention or to any protocol to
which it is a signatory.

2.
Amendments to this Convention shall be adopted by the Conference of the Parties.
Amendments to a protocol shall be adopted at a meeting of the Contracting States that are
parties to that protocol. The Secretariat shall communicate the text of any amendment to all
the Contracting States at least six months before the meeting, unless the amendment is to a
protocol which prescribes an alternative procedure.


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3.
The Contracting States shall make every effort to reach consensus on any proposed
amendment to this Convention or to a protocol. If all efforts to reach consensus have been
exhausted, as a last resort the amendment may be adopted by a majority vote of the parties to
the instrument in question and shall be submitted by the Depositary to all the Contracting
States for ratification, acceptance or approval.

4.
Each Contracting State shall notify the Depositary in writing of the ratification, acceptance or
approval of any amendment. Amendments to this Convention and to a protocol shall, except
as otherwise provided in the protocol being amended, enter into force on the ninetieth day
after the date of deposit of the second instrument of ratification, acceptance, approval or
accession.


Article 37.
RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS

This Convention shall not affect the right of any Contracting States to implement, by bilateral or
multilateral agreement where appropriate, more stringent measures than those of this Convention
provided that such measures are not in conflict with this Convention.


Article 38.
RELATIONSHIP WITH NATIONAL LAWS

This Convention shall not affect the right of any Contracting State to adopt national measures that are
more stringent than those of this Convention provided they are compatible with this Convention.


Article 39. SIGNATURE

This Convention shall be open for signature by the Republic of Burundi, the Democratic Republic of
Congo, the United Republic of Tanzania and the Republic of Zambia, at [insert place at which
Convention will be signed, and where the first meeting of Conference of the Parties is to take place]
from [insert date] until [insert date].


Article 40. RATIFICATION AND ACCESSION

1.
This Convention and any protocol shall be subject to ratification, acceptance or approval by
the Contracting States which shall deposit instruments of ratification, acceptance or approval
with the Depositary.

2.
This Convention and any protocol shall be open for accession by the riparian States, from the
date on which this Convention or the protocol concerned is closed for signature. The
instruments of accession shall be deposited with the Depositary.


Article 41. ENTRY INTO FORCE

1.
This Convention shall enter into force on the ninetieth day after the date of deposit of the
second instrument of ratification, acceptance, approval or accession.

2.
Any protocol shall enter into force on the ninetieth day after the date of deposit of the number
of instruments of ratification, acceptance, approval or accession, specified in that protocol.

3.
For each Contracting State, which ratifies, accepts or approves this Convention or accedes to
it after it has entered into force in accordance with paragraph 1 of this article, this Convention
shall enter into force on the ninetieth day after the date of deposit by that Contracting State of
its instrument of ratification, acceptance, approval or accession.

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4.
For each Contracting State which ratifies, accepts or approves a protocol to this Convention
after it has entered into force in accordance with paragraph 2 of this article, unless the protocol
otherwise provides, this Convention shall enter into force on the ninetieth day after the date of
deposit by that Contracting State of its instrument of ratification, acceptance, approval or
accession, or on the date on which this Convention enters into force for that Contracting State,
whichever is the later date.


Article 42.
RESERVATIONS

No reservations may be made to this Convention.


Article 43.
WITHDRAWALS

1.
At any time after three years from the date of entry into force of this Convention with respect to
a Contracting State, that Contracting State may withdraw from this Convention by giving
written notification to the Depositary.

2.
Except as may be otherwise provided in any protocol to this Convention, any Contracting State
may, at any time after three years from the date of entry into force of such protocol with
respect to that Contracting State, withdraw from such protocol by giving written notification to
the Depositary.

3.
Withdrawal shall take effect one year after the date on which notification of withdrawal is
received by the Depositary.

4.
Any Contracting State which withdraws from this Convention shall be considered as also
having withdrawn from any protocol to which it was a Contracting State.


Article 44. DEPOSITARY

1.
The Secretary-General of the Organisation of African Unity shall assume the functions of
Depositary of this Convention and any protocols.

2.
The originals of this Convention and its protocols shall be deposited with the Depositary.

In witness whereof the undersigned, being duly authorized by their respective Governments, have
signed the English and French texts of this Convention, both texts being equally authentic.

Done at [insert name of place where Convention is signed] this [date].


For the Republic of Burundi



For the Democratic Republic of Congo


(Insert name and title)


(Insert name and title)


For the United Republic of Tanzania


For the Republic of Zambia


(Insert name and title)


(Insert name and title)

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Annex I

ENVIRONMENTAL IMPACT ASSESSMENT

PART A:
List of activities which will be presumed to result in adverse impacts

1.
Exploration for, the extraction of, and large-scale transportation of hydrocarbons in the Lake
and its environment.

2.
The construction and operation of crude oil refineries in the Lake environment.

3.
The construction and operation of major storage facilities for petroleum, petrochemical and
chemical products in the Lake environment.

4.
The construction and operation of oil and gas pipelines in the Lake environment.

5.
Major mining operations and the on-site extraction and processing of metal ores or coal in the
Lake environment.

6.
The construction of major roads, railways, or airports in the Lake environment.

7.
The construction and operation of waste-disposal installations for the incineration, chemical
treatment or landfill of toxic and dangerous wastes within the Lake environment.

8.
The construction and operation of large dams, reservoirs or hydro-electric power schemes on
any part of Lake Tanganyika or on any river that forms part of the Lake environment or that
flows out of the Lake.

9.
[Large scale water abstraction activities from Lake Tanganyika or from any river that forms
part of the Lake environment where the annual volume of water to be abstracted amounts to
... . ].

10.
The opening up of large forested areas within the Lake environment to development.

11.
The conversion or destruction of large areas of wetland forming part of the Lake environment.

12.
The development of large-scale aquaculture or fish farming operations that use surface or
ground water from the Lake environment, or that are situated within the Lake environment and
involve the culturing of species that are not indigenous to the Lake.

13.
The collecting from the Lake or culturing of ornamental fish for commercial purposes that
involves moving species to parts of the Lake in which they do not naturally occur.

14.
The construction of large-scale hotels or tourist facilities on or near the Lake.

15.
Any activity within or outside the Lake environment which, by virtue of its scale, location,
nature, or potential effects, is likely to create a significant risk of serious adverse impacts or
transboundary adverse impacts.


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PART B: Minimum Content of Environmental Impact Assessment Documentation


Environmental Impact Assessment Documentation required under Article 15 paragraph 2(b) shall
contain the following information as a minimum.

1.
A description of the proposed activity and its purpose.

2.
A description, where appropriate, of reasonable alternatives and also of the no-action
alternative.

3.
A description of the environment likely to be significantly affected by the proposed activity and
its alternatives.

4.
A description of the potential environmental impacts of the proposed activity and its
alternatives and an evaluation of the significance of these impacts.

5.
A description of prevention and mitigation measures to keep adverse impacts to a minimum
(for all alternatives).

6.
An analysis of the alternatives, including a comparison of the expected environmental impacts
of each option after all mitigating actions have been implemented, and a selection of the
preferred alternative.

7.
A comprehensive mitigation plan in relation to the preferred alternative, which should contain a
description of the mitigation measures to be implemented that would prevent, reduce or
otherwise manage the adverse impacts of the proposed activity including an outline of
monitoring and management programmes, post project analysis and community liaison
procedures.

8.
The results of any consultations with the public, interested and affected persons, communities,
organisations, and government agencies in the course of conducting the environmental impact
assessment.

9.
An explicit indication of the predictive methods employed and underlying assumptions made
as well as the relevant environmental data used.

10.
An identification of gaps in knowledge and uncertainties encountered in compiling the required
information.

11.
A non-technical summary with visual aids, such as maps, graphs, tables and figures, as
appropriate, that is suitable for explaining the findings of the assessment to the public.


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Annex II

LIST OF ACTIVITIES DANGEROUS TO THE LAKE ENVIRONMENT

For the purposes of this Annex the term "dangerous substance" means a substance or preparation
which has properties which constitute a significant risk for humans, the environment or property,
including a substance or preparation which is radioactive, ionising, explosive, oxidising, extremely
flammable, highly flammable, flammable, very toxic, toxic, harmful, corrosive, irritant, sensitising,
carcinogenic, mutagenic, toxic for human or animal reproduction or dangerous for the environment.

1.
Prospecting for, and exploiting hydrocarbons within Lake Tanganyika and its environment.

2.
The production, handling, storage, use or discharge into the Lake environment of a dangerous
substance in such a manner, or in such quantities and/or concentrations that a significant risk
of serious damage to the Lake environment is created.

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Annex III

FACT FINDING COMMISSIONS

For the purposes of this Annex "Party" means any Contracting State that is involved in a dispute with
another Contracting State under this Convention which dispute has been submitted to impartial fact-
finding in accordance with paragraph 2(b) of Article 29 of this Convention.

Article 1:
Submission to fact finding

Any party to the dispute may notify the Secretariat that the parties have agreed to submit the dispute
to impartial fact finding pursuant to paragraph 2(b) of Article 29 of this Convention and request the
Executive Director of the Secretariat to establish a fact-finding Commission. The notification shall
state the subject-matter of the dispute and include the facts in dispute. If the parties in dispute do not
agree on the subject matter of the dispute the fact-finding Commission shall determine the subject
matter. The Secretariat shall forward the information received to all Contracting States to this
Convention or to the protocol concerned.

Article 2:
Appointment of the members of a Fact-Finding Commission

1.
The Executive Director of the Secretariat shall convene a fact-finding Commission composed
of one person nominated by each Party. None of these persons shall be a national of one of
the Contracting States.

2.
The designated members shall agree on the appointment of a Chairperson who shall be a
national of a third State.

3.
If the members nominated by the parties are unable to agree on a Chairperson within three
months of the request for the establishment of the Commission, any Party may request the
Secretary-General of the Organisation of African Unity to appoint the Chairperson who shall
not have the nationality of any of the Contracting States.

4.
If one of the parties fails to nominate a member within three months of the initial request
pursuant to Article 1 of this Annex, any other Party may request the Secretary-General of the
Organisation of African Unity to appoint a person who does not have the nationality of any of
the Contracting States, as a single member Commission.


Article 3: Procedural Matters

1.
The Commission shall determine its own rules of procedure.

2.
The Commission shall adopt its report by a majority vote, unless it is a single-member
Commission, and shall submit that report to the parties setting out its findings and the reasons
for them and whatever recommendations it considers appropriate for the equitable settlement
of the dispute.

Article 4: Duties of the Parties

1.
The parties shall provide the Commission with such information as it may require and, on
request, shall permit the Commission to have access to its territory to inspect facilities,
equipment, construction or natural features relevant to its enquiry.

2.
The parties shall consider the recommendation of the Commission in good faith with a view to
reaching agreement on the settlement of the dispute.

3.
The parties shall bear the expenses of the Commission equally.

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Annex IV

ARBITRATION

For the purposes of this Annex "Party" means any Contracting State that is involved in a dispute with
another Contracting State under this Convention which dispute has been referred to arbitration in
accordance with paragraph 2(c) of Article 29 of this Convention.

Article 1:
Submission to arbitration

The claimant Party shall notify the Secretariat that the parties agree to submit the dispute to arbitration
pursuant to paragraph 2(c) of Article 29 of this Convention. The notification shall state the subject-
matter of arbitration and include, in particular, the articles of this Convention or the protocol, the
interpretation or application of which are at issue. If the parties in dispute do not agree on the subject
matter of the dispute the arbitral tribunal shall determine the subject matter. The Secretariat shall
forward the information received to all Contracting States to this Convention or to the protocol
concerned.

Article 2:
Composition of the arbitral tribunal and appointment of arbitrators

1.
The arbitral tribunal shall consist of three members.

2.
In disputes between two parties, each Party to the dispute shall nominate one arbitrator; the
two arbitrators so appointed shall in turn designate by common agreement a third arbitrator
who shall be the President of the tribunal. The latter shall not be a national of one of the
parties to the dispute, nor have his or her usual place of residence in the territory of one of
these parties, nor be employed by any of them, nor have dealt with the case in any other
capacity.

3.
In disputes between more than two parties, parties with the same interest shall appoint one
arbitrator jointly by agreement.

4.
Any vacancy shall be filled in the manner prescribed for the initial appointment set out in point
2 of this article.

Article 3: Failure to appoint arbitrators

1.
If the President of the arbitral tribunal has not been designated within two months of the
appointment of the second arbitrator, the Secretary-General of the Organisation of African
Unity shall, at the request of either Party, designate the President within a further two-month
period.

2.
If one of the parties to the dispute does not appoint an arbitrator within two months of receipt
of the request, the other Party may inform the Secretary-General of the Organisation of African
Unity who shall designate the President of the arbitral tribunal within a further two-months
period. Upon designation, the President of the arbitral tribunal shall request the Party, which
has not appointed an arbitrator to do so within two months. After such period, the President
shall inform the Secretary-General of the Organisation of African Unity who shall appoint this
arbitrator within a further two-month period.

Article 4: Procedural Rules

Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own rules of
procedure.


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Article 5: Powers of the Tribunal

1.
The arbitral tribunal may hear and determine counterclaims arising directly out of the subject
matter of the dispute.

2.
The arbitral tribunal may take all appropriate measures in order to establish the facts. It may,
at the request of one of the parties, recommend essential interim measures of protection.

Article 6: Duty to co-operate with the Tribunal

The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all
means at their disposal, shall:

a. provide it with all relevant documents, information and facilities necessary for the effective
conduct of the proceedings; and

b. enable it, when necessary, to call witnesses or experts and receive their evidence.


Article 7: Confidentiality

The parties and the arbitrators shall protect the confidentiality of any information they receive in the
course of their investigations and during closed hearings of the arbitral tribunal.


Article 8: Non-appearance at hearings

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its
case, the other Party may request the tribunal to continue the proceedings and to make its award.
Absence of a Party or a failure of a Party to defend its case shall not constitute a bar to proceedings.
Before making it's final decision, the arbitral tribunal must satisfy itself that the claim is well founded in
fact and law.


Article 9: Decisions of the Tribunal

1.
The arbitral tribunal shall render its decisions in accordance with the provisions of this
Convention, any protocol concerned, and international law.

2.
The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by
majority vote of its members.


Article 10: Costs

Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case,
the costs of the tribunal, including the emoluments of its members, shall be borne by the parties to the
dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final
statement thereof to the parties.


Article 11: Intervention in proceedings

Any Contracting State that has an interest of a legal nature in the subject-matter of the dispute which
may be affected by the decision in the case, may intervene in the proceedings with the consent of the
arbitral tribunal.


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Article 12: Award

1.
The arbitral tribunal shall render its award within five months of the date on which it is
established unless it finds it necessary to extend the time-limit for a period which should not
exceed five months.

2.
The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be
final and binding upon the parties to the dispute.

3.
Any dispute which may arise between the parties concerning the interpretation or
implementation of the award may be submitted by either Party to the arbitral tribunal which
made the award or, if the latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.


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