REPORT FOR THE
ON THE ASSESSMENT OF THE STATUS OF THE
ABIDJAN CONVENTION IN THE BENGUELA
REGION AND IMPLICATIONS FOR THE BENGUELA
CURRENT COMMISSION
BY
Heidi Currie
Shaheen Moolla &
Domingas Paim
2 November 2007
TABLE OF CONTENTS
ACRONYMS................................................................................................................... 3
1. Introduction & Terms of Reference .................................................................. 5
2. Methodology ........................................................................................................ 6
3. A Guide to the Abidjan Convention................................................................ 6
3.1 Setting the Context: The BCLME SAP ......................................................... 6
3.2 The Abidjan Convention............................................................................... 7
4. Status of Abidjan Convention in the BCLME Region & the
Implementation Measures....................................................................................... 11
4.1 Status of the Abidjan Convention in the BCLME Region ..................... 11
4.2 Implementation of the Convention in South Africa.............................. 11
4.3 Implementation of the Convention in Angola ...................................... 18
4.4 Implementation of the Convention in Namibia .................................... 21
5. Current BCLME Activities that Complement the Abidjan Convention... 26
6. Implementing the Abidjan Convention: Defining a Role for the BCC ... 27
7. Conclusion and Recommendations.............................................................. 30
Annexure A ................................................................................................................. 34
Questionnaire............................................................................................................. 34
Annexure B.................................................................................................................. 36
Oil Spill Contingency Plan........................................................................................ 36
Annexure C................................................................................................................. 45
MARPOL Implementation Assessment and Recommendations ..................... 45
Annexure D ................................................................................................................. 49
Water and Sediment Quality Guidelines.............................................................. 49
Annexure E.................................................................................................................. 52
Land-based Sources of Marine Pollution.............................................................. 52
Report on the Status of the Abidjan Convention in the BCLME Region
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ACRONYMS
BCC
Benguela Current Commission
BCLME Programme
Benguela Current Large Marine
Ecosystem Programme
EIA
Environmental Impact Assessment
EEZ
Exclusive Economic Zone
GEF
Global Environmental Facility
ICZM
Integrated
Coastal
Zone
Management
LME
Large Marine Ecosystem
MARPOL
International Convention for the
Prevention of Marine Pollution from
Ships
MEA
Multi-lateral
Environmental
Agreement
MET
Ministry of Environment and Tourism
MFMR
Ministry of Fisheries and Marine
Resources, Namibia
MLRA
Marine Living Resources Act, 1998,
South Africa
MPA
Marine Protected Area
NEMA
National Environmental Management
Act, 1998, South Africa
NEPAD
New Economic Partnership for African
Development
OSCP
Oil Spill Contingency Plan
SADC
Southern
African
Development
Community
SAMSA
South
African
Maritime
Safety
Authority
SAP
Strategic Action Plan
SEIS
State of the Environment Information
Report on the Status of the Abidjan Convention in the BCLME Region
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System
SSA
Special Sea Area
WACAF
West and Central African Action Plan
Report on the Status of the Abidjan Convention in the BCLME Region
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1.
Introduction & Terms of Reference
On 8 October 2007, Heidi Currie (Namibia), Shaheen Moolla (South Africa)
and Domingas Paim (Angola) were requested to advise the Benguela
Current Large Marine Ecosystem Programme on the status of the Abidjan
Convention in the Benguela Current Region and the implications for the
Benguela Current Commission.
The terms of reference for this report specified that the report needed to be
brief and must address the following pertinent issues:
1.
Provide a brief overview of the Abidjan Convention and it's
current status in the BCLME region, ie. in Angola, Namibia and
South Africa;
2.
Provide country perspectives on the Abidjan Convention and
detail current difficulties in implementation and reasons for
these;
3.
Outline the current activities being carried out by the three
countries that relate to the aims of the Abidjan Convention;
4.
Provide a summary of those BCLME projects that address key
areas of the Abidjan Convention and how these project
recommendations (where applicable) can be implemented by
the Benguela Current Commission;
5.
Suggest ways in which the Abidjan Convention can best be
adopted by the region and it's recommendations
implemented; and
6.
Provide relevant annexes to the report.
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2.
Methodology
This Report was compiled by Heidi Currie (Namibia), Domingas Paim (Angola)
and Shaheen Moolla (South Africa). Due to the limited time period provided
for the compilation of this Report (21 days), each of the country
representatives was tasked with obtaining comment and advice from
representatives of the respective member state governments on a uniform set
of questions. These questions are provided in Annexure A. In addition, and
where it was possible, meetings were held with government officials to
expedite the receipt of input to the questions provided in Annexure A.
3.
A Guide to the Abidjan Convention
3.1
Setting the Context: The BCLME SAP
Concluded in 2000 by Ministers representing each of the three BCLME
member states, the BCLME SAP has a number of agreed joint policy
actions to manage marine pollution in the BCLME region and to
minimize ecosystem impacts. These include the following:
! Harmonizing environmental quality objectives
The SAP envisages that the Benguela Current Commission (BCC) will
endeavor to provide effective regional communication to co-ordinate
efforts to control marine pollution, minimize impacts and develop cost
effective solutions. This will include, inter alia, the development of
regional environmental quality indicators, proposals for marine
pollution control and surveillance, regional monitoring and inspection
of the coastal zone and regional enforcement of standards. The focus
will be on prevention rather than cure. In the case of point source
pollution, the BCLME member states ought to have developed waste
quality criteria for receiving waters by June 2004.
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! Oil Pol ution contingency plans and regional policy
All three BCLME member states are obliged to have oil pollution
contingency plans in place. The BCC is tasked with harmonizing these
plans as far as possible and to develop necessary mechanisms for
sharing technology and expertise, and in the event of a major oil spill,
for the sharing of clean-up equipment and provision of expert advice.
A regional Oil Pollution Contingency Plan ought to have been
developed by 2005 to minimise transboundary (cross-border) impacts
of oil pollution from activities in the EEZ's of the respective member
states.
! Implementation of MARPOL 73/78
It is envisaged that the BCC will co-operate with SADC member states
to devise a common strategy for the implementation of MARPOL 73/78
in the BCLME and SADC regions.
! Addressing the problem of marine litter
The growing problem of marine litter will be addressed first by a
regional public awareness campaign (which will have seafarers as its
primary focus) and second by harmonising legislation, enforcement
and implementation of standards at a regional level. Locally and
nationally, activities will be facilitated and coordinated.
3.2
The Abidjan Convention
All African coastal nations participate in UNEP's Regional Seas
Programme that was initiated in 1974. The Regional Seas Convention
conceived of as an action-orientated programme in order to address
both the causes and consequences of environmental degradation in
marine and coastal areas. The Regional Seas Programme comprises
regional action plans, each of which is underpinned by a regional
convention throughout 11 participating regions. Twenty-two coastal
Report on the Status of the Abidjan Convention in the BCLME Region
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nations presently participate in the West and Central African Action
Plan (WACAF)1, including the three BCLME countries.
The West African region is governed by the Abidjan Convention, which
came into force on 5 August 1984. Stretching from Mauritania to South
Africa, the Abidjan Convention area exceeds 14 000 km, spanning 22
countries and three distinct large marine ecosystems (LME's), namely
the Guinea, Benguela and Canary Current LME's. These coastal
ecosystems include deltas, mangroves, sea grass meadows, wetlands,
barriers and lagoons. The member countries are Angola, Benin, Cape
Verde, Congo, Democratic Republic of Congo, Equatorial Guinea,
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Liberia,
Mauritania, Namibia, Nigeria, Sao Tome and Principe, Senegal, Sierra
Leone, South Africa, Togo and the United Republic of Cameroon.
From an economic perspective, the most important resources include
fisheries, diamonds, oil and gas and other minerals like limestone and
sand. Tourism is also an important and growing sector.
The Abidjan Convention applies to the marine environment, coastal
zones and related inland waters falling within the jurisdiction of the
Contracting States of the West and Central African region. As such, the
Abidjan Convention provides an overarching legal framework for all
marine related programmes in West and Central Africa. It further aims
to provide a supervisory lead role in the arena of integrated
management based on a new work programme incorporating the
ongoing environmental initiatives of applicable large marine
ecosystem programmes, NEPAD's various environmental initiatives, as
well as initiatives of other sub-regional programmes and partners, such
as the International Maritime Organisation, World Wildlife Fund for
1 Senegal, Mauritania, the Ghambia, Ghana, Guinea Bissau, Guinea Conakry, Liberia, Sierra
Leone, CoteD'Ivoire, Benin, Togo, Equatorial Guinea, Nigeria, Sao-Tom and Principe, Gabon,
Cameroon, Congo, the Democratic Republic of Congo (Zaire), Angola, Namibia and South
Africa.
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Nature, the International Conservation Union, the German
Government's
Development
Programme
(GTZ),
UNESCO's
International Oceans Commission, the American National Oceanic
and Atmospheric Administration and the Food and Agriculture
Organisation.2
The Abidjan Convention's scope includes addressing marine and
coastal pollution and harm caused by a number of sources, including
from ships, dumping, land-based sources, sea-bed exploration and
exploitation and atmospheric pollution. The Abidjan Convention seeks
to encourage member states to co-operate in combating pollution in
cases of emergencies and to co-operate in scientific and technical
areas. Member are further encouraged to take steps to mitigate the
impacts of coastal erosion, to implement systems of protected areas
and to include environmental impact assessments in evaluation
processes
The objectives of the Abidjan Convention include:
! The Prevention, reduction and control of pollution in the
Convention Area;
! Sound environmental management of natural resources;
! Co-operation in combating pollution in cases of emergencies and
the formulation of emergency protocols; and
! The establishment of national laws and regulations for the effective
discharge of pollution.
More specifically, the various forms and sources of pollution covered
by the Abidjan Convention includes:
! Pollution from ships;
! Pollution caused by dumping from ships and aircraft;
! Pollution from land-based sources;
2 See Ajao, E. (2005) Report of a Comprehensive Review p. 15, 31.
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! Pollution from activities relating to exploration and exploitation of
the sea-bed;
! Pollution from or through the atmosphere; and
! Coastal Erosion.
With regards to specially protected areas, the Abidjan Convention
states that contracting parties must take appropriate measure to
protect and preserve rare or fragile ecosystems as well as habitat. The
Convention also states that contracting parties shall develop
technical, as well as other guidelines to assist the planning of their
developmental projects. States are to include EIA's in any planning
activity that may cause substantial or significant and harmful changes
to the Convention Area. Contracting parties are also encouraged to
co-operate in the fields of scientific research, monitoring and
assessment of pollution in the Convention Area.
The activities of the Abidjan Convention are coordinated directly by
the Nairobi-based Joint Implementation Unit of the Nairobi and
Abidjan Conventions and the Abidjan-based Regional Coordination
Unit will increasingly be coordinated at the regional level through
collaborations and partnership between the Convention and the GEF-
sponsored Large Marine Ecosystem projects under implementation in
the Convention area. The Convention designated Cote d'Ivoire as the
Depository, and UNEP as the Secretariat. The Regional Coordinating
Unit is based in Abidjan.
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4.
Status of Abidjan Convention in the BCLME Region & the
Implementation Measures
4.1
Status of the Abidjan Convention in the BCLME Region
Angola and Namibia are Contracting State Parties to the Abidjan
Convention but have not ratified the Convention. South Africa ratified
the Abidjan Convention in 2002 and is the only BCLME country to date
to have done so.
4.2
Implementation of the Convention in South Africa
The Constitution of the Republic of South Africa, 108 of 1996 is the
supreme law and all state and private action is measured against
these constitutional provisions. Chapter 2 of the Constitution comprises
the Bill of Rights, which sets out a number of inalienable fundamental
human rights. Section 24 guarantees all people in South Africa the right
to an environment that is not harmful to human health or well-being
and to have the environment protected for the benefit of present and
future generations.
The National Environmental Management Act, 107 of 1998 is South
Africa's framework or umbrella environmental legislation, providing the
principal tools to guide the management of South Africa's
environment and embraces three broad fields of environmental
concern:
! Resource conservation and exploitation;
! Pollution control and waste management; and
! Land use planning and development.
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The National Environmental Management Act also requires EIA's for
activities that may adversely impact on the environment, socio-
economic conditions and cultural heritage.
In 1998 a new National Water Act was promulgated for South Africa. Its
purpose includes, inter alia, protecting aquatic and associated
ecosystems and their biological diversity and reducing and preventing
pollution and degradation of water resources. The Act defines a water
resource as including a watercourse, surface water, estuary, or aquifer.
Chapter 3 of the National Water Act deals with pollution prevention
and in particular the situation where pollution of a water resource
occurs or might occur as a result of activities on land. The person who
owns, controls, occupies or uses the land in question is responsible for
taking measures to prevent pollution of water resources. If these
measures are not taken, the catchment management agency
concerned may itself do whatever is necessary to prevent the pollution
or to remedy its effects, and to recover all reasonable costs from the
persons responsible for the pollution.
Al industrial, sewage and storm water discharges are permitted by South
Africa's Department of Water Affairs and Forestry and all discharges are
monitored for chemical and bacterial content. Provisions in the National
Water Act allow for the control of water quality entering the sea via
rivers. Standards are set for the quality of effluent discharged into rivers.
There is no direct control over the quality of water runoff from non-point
sources. To fulfill its legal obligation in terms of the management and
control of land-derived waste water under section 21 of the National
Water Act, the Department of Water Affairs and Forestry developed
the Operational Policy for the Disposal of Land-derived Water
Containing Waste to the Marine Environment of South Africa. The
policy is comprehensive and covers issues such as the regulation of
land-derived discharges into the marine environment.
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South Africa is also a signatory to MARPOL. The MARPOL convention is
overseen and implemented in South Africa by the Department of
Transport, and more particularly by its agency, the South African
Maritime Safety Authority (SAMSA). SAMSA is responsible for
implementing a number of laws, regulations and marine circulars
aimed at ensuring, inter alia, compliance with MARPOL. The most
pertinent are briefly discussed below.
The Marine Pol ution (Control and Civil Liability) Act, 6 of 1981 provides
for the protection of the marine environment from pollution by oil and
other harmful substances, the prevention and combating of such
pollution, and the determination of liability in certain respects for loss or
damage caused by the discharge of oil from ships, tankers and
offshore installations, which is in line with Article 5 of the Abidjan
Convention dealing with pollution from ships.
The Marine Pollution (Control and Civil Liability) Act prohibits the
discharge of oil from ships, tankers and offshore installations, but
provides exemptions in the case of, for example, the oil being released
as a result of damage and steps being taken as soon as practicable to
stop or reduce the escape of oil. The Act provides reporting
procedures for discharges of any harmful substance.
The Act also establishes the powers of SAMSA to take steps to prevent
pollution at sea where a harmful substance is being or is likely to be
discharged. SAMSA may, for example, require the master of a ship to
unload a harmful substance from a ship or tanker, or to transfer the
substance to another ship or tanker.
In terms of the Act, the owner of a ship, tanker or offshore installation is
liable for any loss or damage caused by pollution resulting from the
discharge of oil. The owner is also liable for the costs of any measures
taken by SAMSA to reduce damage resulting from such discharges.
Tankers carrying more than 2 000 tons of oil are subject to compulsory
insurance.
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The Dumping at Sea Control Act, 73 of 1980 provides for the control of
dumping of substances in the sea. This Act gives legal effect in South
Africa the London Convention for the Prevention of Marine Pollution by
Dumping of Wastes and other Matters, 1972. "Dumping", means
deliberately disposing of at sea from any vessel, aircraft, platform or
other man-made structure, waste by incinerating or depositing in the
sea. It does not, however, include the disposal at sea of any substance
incidental to or derived from normal operations of a vessel. Nor does it
include legally depositing at sea any substance for a purpose other
than its mere disposal.
Schedule 1 of the Act refers to "Prohibited Substances" which include
organohalogens, mercury, persistent plastics and high-level
radioactive waste. Schedule 2 refers to "Restricted Substances" and
includes arsenic, lead, cyanides, fluorides, scrap metal and
ammunition. A general permit may be issued to authorize the dumping
of any substance not mentioned in Schedules 1 and 2.
With respect to mining and petroleum extraction and exploration, the
Mineral and Petroleum Resources Development Act, 28 of 2002,
provides for the sustainable development of South Africa's mineral and
petroleum resources. The Act gives effect to the environmental
management principles as set out in section 2 of NEMA which applies
to all prospecting and mining operations, serves as the guidelines for
the interpretation, administration and implementation of the
environmental requirements of the Act. The impact of prospecting or
mining on the environment as contemplated in NEMA must be
monitored. Person involved in mining and petroleum extraction and
exploration must also manage all environmental impacts, as far as is
reasonably practicable, rehabilitate the environment affected and
are responsible for any environmental damage, pollution or ecological
degradation that may occur.
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The Act also states that any person that has applied for a mining right
must conduct an environmental impact assessment and submit an
environmental management programme. Any person who applies for
a reconnaissance permit, prospecting right or mining permit must
submit an environmental management plan.
South Africa's marine fisheries and aquaculture are regulated in terms
of the Marine Living Resources Act, 1998, as well as a comprehensive
suite of regulations and policies. The Marine Living Resources Act of
1998 is the principal legislative instrument regulating marine living
resources and aquaculture in South Africa. No other legislative
instrument, save the Constitution, prevails over a provision of the MLRA
in so far as the regulation of marine living resources is concerned. The
MLRA repealed the Sea Fisheries Act of 1988 but kept alive section 29
of the Sea Fisheries Act, which provided for the determination and
collection of levies on fish landed and fish products sold. The MLRA
provides for the orderly exploitation of marine living resources and the
exercise of control over marine living resources in a fair and equitable
manner for the benefit of all the citizens of South Africa. In terms of
section 2 of the MLRA, the Minister of Environmental Affairs and Tourism
and any organ of state must have regard to a number of objectives
and principles when exercising any power under the MLRA. These are:
(a) The need to achieve optimum utilisation and ecological y sustainable
development of marine living resources;
(b) The need to conserve marine living resources for both present and future
generations;
(c) The need to apply precautionary approaches in respect of the
management and development of marine living resources;
(d) The need to utilise marine living resources to achieve economic growth,
human resource development, capacity building within fisheries and
mariculture branches, employment creation and a sound ecological
balance consistent with the development objectives of the national
government;
(e) The need to protect the ecosystem as a whole, including species which
are not targeted for exploitation;
(f)
The need to preserve marine biodiversity;
Report on the Status of the Abidjan Convention in the BCLME Region
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(g) The need to minimise marine pol ution;
(h) The need to achieve to the extent practicable a broad and
accountable participation in the decision-making processes provided for
in this Act;
(i)
Any relevant obligation of the national government or the Republic in
terms of any international agreement or applicable rule of international
law; and
(j)
The need to restructure the fishing industry to address historical
imbalances and to achieve equity within al branches of the fishing
industry.
For the purposes of this Report, Section 43 of the MLRA makes provision
for the declaration of Marine Protected Areas and states that no
person may "discharge or deposit waste or any other polluting matter"
in an MPA and that no person may "carry on any activity that may
adversely impact on the ecosystem of that area". South Africa has 17
MPAs that have been declared under the Marine Living Resources Act
(and preceding legislation). These 17 MPA's protect some 1% of the
South African marine area (EEZ) and approximately 17% of the
coastline.
The Air Quality Act of 2004 was promulgated with the aim of reforming
South African law regulating air quality in order to protect the
environment by providing reasonable measures for the prevention of
pollution and ecological degradation and for securing ecologically
sustainable development while promoting justifiable economic and
social development. The Air Quality Act repealed old order legislation
dating back to the 1960's. The Act requires the Department of
Environmental Affairs and Tourism to, inter alia, determine national
norms and standards aimed at regulating air quality monitoring. Norms
and standards for ships emissions, including fishing vessels, have not yet
been determined.
The National Biodiversity Act of 2004 sets out objectives within the
framework of the NEMA to provide for the management and
conservation of biological diversity in South Africa, including
within South Africa's territorial waters, EEZ and continental shelf.
Report on the Status of the Abidjan Convention in the BCLME Region
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The National Biodiversity Act makes provision for the
establishment of the South African National Biodiversity Institute
(SANBI). The Act also makes provision for the design of a National
Biodiversity Framework, which must be implemented by the
Minister of Environmental Affairs and Tourism by June 2007.
Chapter 4 of the National Biodiversity Act makes provision for the
protection and conservation of threatened ecosystems and
species so as to maintain ecological integrity. The Act provides
that the Minister of Environmental Affairs and Tourism may
categorise and manage ecosystems in accordance with the
ecological state they are considered to be in. The following
categories are provided for:
! Critically endangered ecosystems
! Endangered ecosystems
! Vulnerable ecosystems
! Protected ecosystems
It is worth noting that in 2006, the Minister of Environmental Affairs and
Tourism informed Parliament that as a result of the promulgation of the
National Biodiversity Act in 2004, the first-ever National Spatial
Biodiversity Assessment (NSBA) was published in 2006, which was the
first-ever comprehensive spatial evaluation of biodiversity in South
Africa. The results of the NSBA were alarming. The NSBA showed that
34% of South Africa's terrestrial ecosystems are threatened with 5%
critically endangered; 82% of South Africa's 120 rivers are threatened
with 44% critically endangered; three of South Africa's 13 groups of
estuarine biodiversity are in critical danger; with 12% of marine bio-
zones under serious threat.
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4.3
Implementation of the Convention in Angola
Angola has not yet ratified the Abidjan Convention. However, the
Angolan government has indicated that steps are being taken to ratify
the Convention. A memorandum is being prepared by the Ministry of
Environment and Urban affairs to be sent to the Ministry of Foreign
Affairs, following which it will be submitted for parliamentary approval.
This process will take about 15 days.
Although the Convention has not yet been signed, the Angolan
Government is aware of its importance and has developed some
activities in this regard, in cooperation with various users and regulators
of the ecosystem, which include the Ministries of Transport, Petroleum
and Environment.3 One of the main aspects in this regard pertains to
coastal zone management.
The Constitution of the Republic of Angola (Lei Constitucional da
República de Angola), 1992 was signed into law after a number of
amendments and provides the basis for the Environment Framework
Act through two articles, (12 and 24), enabling environmental
protection and conservation and the right to a healthy and unpolluted
environment.
Article 12.2 states that
"The State shall promote the protection and conservation of
natural resources guiding the exploitation and use thereof for
the benefit of the community as a whole."
3 Pers. Comm.Dr. Kudikuenda
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Article 24 states that
1. All citizens shall have the right to live in a healthy and unpolluted
environment.
2. The State shall take the requisite measures to protect the
environment and national species of flora and fauna
throughout the national territory and maintain ecological
balance.
3. Acts that damage or directly or indirectly jeopardize
conservation of the environment shall be punishable by law.
The Environment Framework Act, No 5/98, is administered by the
Ministry of Urban Affairs and Environment. This Act provides the
framework for all environmental legislation and regulations in Angola.
It provides the definitions of key concepts including protection,
preservation and conservation of the environment, the promotion of
quality of life and the use of natural resources. This law incorporates
key international sustainable development declarations and also
establishes citizens' rights and responsibilities.
The Environmental Framework Act provides for guidelines and
principals for the prevention and combating of pollution and stipulates
that the government should determine urban and non-urban
environmental quality standards. These have not yet been determined.
The Decree on Environmental Protection for Petroleum Activities, No.
39/00 is administered by the Ministry of Petroleum and aims at
protecting the environment from petroleum exploration and
production activities. It defines the environment as including, inter alia,
fauna, flora, soil, water, landscape, cultural values, atmosphere, etc.
and is applicable to terrestrial and marine petroleum related activities.
The decree also establishes rules and procedures of management,
removal of deposits and wastes resulting from oil activities.
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The aim of the Environmental Impact Assessment Decree No 51/04 is to
establish standards and procedures regulating EIAs of public and
private projects. Articles 6 and 7 describe processes and contents of
requisite EIAs as well as the technical activities involved and required.
The introduction of the Aquatic Biological Resources Act No 6-A/04
emphasises "the need for the conservation and sustainable renewal of
aquatic resources, requiring appropriate measures to ensure that
resources are used in a responsible manner."
The law sets out principles governing the use of aquatic resources, the
regulations governing fishing and the granting of fishing rights, special
rules for the protection of aquatic resources and ecosystems,
regulations on fishing vessels and ports, scientific research, the
monitoring of resources and the licensing of fish processing and
marketing establishments.
The Aquatic Biological Resources Act also addresses the issue of
Marine Protected Areas, providing a definition and ecological criteria
to establish such areas. According to the National Biodiversity Strategic
Plan, some areas along the Angolan coast can be considered as
protected as the Ilhéu dos Pássaros an island that serves as a
reproduction area for important birds and the Iona National Park
important for the reproduction of various turtle species.
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4.4
Implementation of the Convention in Namibia
Namibia has not yet ratified the Abidjan Convention and during
consultations with the Deputy Director in the Ministry of Environment
and Tourism, he indicated that Namibia has no intention of doing so at
this stage, as there are no perceived advantages and Namibia is
already party to a number of multilateral environmental agreements.4
The supreme law of Namibia, the 1990 Constitution, addresses
principles of state policy in chapter 11, with provisions concerning the
environment contained in article 95:
Article 95 (l) of the Constitution commits the Namibian Government,
inter alia, to the maintenance of ecosystems, essential ecological
processes and the biological diversity of Namibia.
Article 100 of the Constitution of Namibia, titled "Sovereign Ownership
of Natural Resources" provides that the "Land, Water and Natural
Resources above and below the surface of the land and in the
continental shelf and within the territorial waters and the exclusive
economic zone of Namibia shall belong to the State if they are not
otherwise lawfully owned."
Article 91 outlines the role of the Ombudsman, whose office is
established in terms of Chapter 10 of the Constitution. The
Ombudsman is explicitly empowered to investigate complaints
concerning the over-utilisation of living natural resources, the irrational
exploitation of non-renewable resources, the degradation and
destruction of ecosystems and failure to protect the beauty and
character of Namibia.
4 Pers. Comm. Sem Shikongo, 18 October 2007, Namibia
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Namibia does not have dedicated environmental protection
legislation, although it has been indicated that the draft Environmental
Management Bil will be promulgated next year.5
The Water Resource Management Act was promulgated on 23
December 2004, and provides for the management and conservation
of all Namibia's water resources, including the sea, inland waters, and
meteoric water.6 The abstraction, use and supply of water, pollution
and administration are covered by the ambit of this act. Pollution
control is regulated by way of a permit, which applies the following
criteria when issued:
! The impact of the discharge on existing water uses;
! The use of water from any source into which the discharge
will be made;
! Any known impact of the proposed effluent discharge on
the environment, including those emanating from owners
and land occupiers in the vicinity of the water resource;
! The need to ensure efficient and beneficial use of water
resources.
The above Act provides for the declaration of a water management
area for the purpose of protecting any water resource at the risk of
contamination, depletion, extinction or disturbance from any source.
International treaties and agreements, regarding internationally shared
water resources may be entered into in terms of the Act.
An Environmental Assessment Policy was published by the Ministry of
Environment and Tourism in 1995. Meaningful enforcement of this
policy, however, remains problematic and irregular, although it
5 Midori Paxton, MET / SPAN project, Namibia.
6 Water derived from or occurring in the atmosphere
Report on the Status of the Abidjan Convention in the BCLME Region
22
stipulates that all listed polices, projects and programmes7 are
subjected to EIAs. The listed activities include (among others) resource
utilization, mining and mineral exploration, tourism and recreation
facilities, effluent and desalination plants.
This policy enshrines the user pays principle and sustainable
development, whilst promoting accountability and ensuring that
environmental costs are considered, although the implementation and
enforcement of this policy is ineffective.
The range of legal powers to implement effective coastal
management would be significantly enhanced if the Water Resource
Management Act, 2004, and the Environmental Investment Fund of
Namibia Act, 2001 were brought into force. By the same token, the
draft Pol ution Control and Waste Management Bil , Environmental
Assessment and Management Bil , and Parks and Wildlife Bil need to
be enacted, including regulations thereunder.
Existing legislation, such as the Marine Resources Act, Aquaculture Act
and National Heritage Act may be used to implement some aspects of
integrated coastal zone management (ICZM) through the mandated
conservation and protection of marine resources and maintenance of
pristine water quality, as required for declared aquaculture zones.8
Section 52(3)(e) of the Marine Resources Act stipulates the following:
`Any person who discharges in or al ows to enter or permits to
be discharged in Namibian waters anything which is or may be
injurious to marine resources or which may disturb or change the
ecological balance in any area of the sea, or which may
detrimentally affect the marketability of marine resources, or
7 Including government as wel as the private sector
8 The declaration of these zones however also appears to be hampered, as the imposition of
restrictions in order to protect the coastal environment is not facilitated
Report on the Status of the Abidjan Convention in the BCLME Region
23
which may hinder their harvesting, shall be guilty of an offence
and liable on conviction to a fine not exceeding N$ 500 000.'
The Minerals (Prospecting and Mining) Act 33 of 1992 regulates the
reconnaissance, prospecting and mining for minerals, and related
matters in Namibia. Mineral rights are vested in the Government of
Namibia, and companies or individuals apply to the Ministry of Mines
and Energy (MME) for licenses to explore and mine mineral deposits.
When licenses lapse or are cancelled or the license holder abandons
the area (including reconnaissance, prospecting, retention or mining
licenses), the license holder is required to take all necessary steps to
remedy any damage caused to the environment through their
activities.
The above Act also requires the license holder to report all incidences
in which mineral(s) are spilt into the sea or on the land, or if this is
polluted or damage is caused to any plant or animal, to the Minister of
MME, and take all steps necessary, in terms of what is considered to be
good practise,9 to remedy the situation. Where the license holder fails
to do this in good time, the Minister is to take the necessary steps to
remedy the situation, at the expense of the license holder.
Applicants for mining licenses are obliged to give the Minister details
regarding the anticipated effects of proposed prospecting and mining
operations on the environment, and include proposed prevention and
minimisation steps required.10
Section 57(1)(b) enables the Minister to direct applicants regarding
environmental protection, the conservation of natural resources and
the prevention of waste hereof. Where license holders fail to comply
with such directions, the Minister may take the specified steps and
recover the costs hereof from the license holder.
9 Defined in section 1 of the Act
10 Section 91(f)(i ) and (i i)
Report on the Status of the Abidjan Convention in the BCLME Region
24
Section 122(2)(b) addresses pollution prevention by authorising the
Minister to declare any prospecting or mining operation only
permissible by special Ministerial authorisation, and subject to any
conditions or terms he may determine.
Section 130 makes mineral license holders liable for damage to the
environment and other losses or damage caused.
If any minerals or group of minerals are spilled in the sea, on land or in
any water, during the course of any mining-related operations, and if
any plant or animal life is endangered or destroyed, or damage or
losses are caused to any person, then the license holder is required to
report the spillage and consequent pollution to the Minister, and to
remedy the damage caused. In the event of non-compliance with this
provision, the Minister may take necessary steps himself, and recover
costs form the license holder through legal process.
To date there are no formally promulgated MPAs in Namibian waters,
although section 51 of the Marine Resources Act empowers the
Minister of Fisheries and Marine Resources to declare marine reserves.
A project involving a legal review and consultation with stakeholders,
aimed at the declaration of Namibia's first MPA is currently underway,
and it is anticipated that the country's first MPA around the islands
along the southern coastline will be declared by the end of this year.
The only legislation addressing air pollution and quality standards in
Namibia at present is the dated, pre-independence Atmospheric
Pol ution Prevention Ordinance 11 of 1976. Air pollution from vessel
stacks is currently not monitored or enforced, and neither are air
pollution requirements in terms of MARPOL enforced.
Report on the Status of the Abidjan Convention in the BCLME Region
25
5.
Current BCLME Activities that Complement the Abidjan
Convention
The BCLME Programme directly supported the funding of a number of
projects within the BCLME Region that aim to give effect the objectives and
intentions of the Abidjan Convention.
Although a number of these projects are analytical reports, two recent
projects are intended to be important tools for managers. These include the
State of the Environment Information System (SEIS) (http://seis.bclme.org/)
and the Environmental Early Warning System. SEIS is a website aimed at
providing up-to-date information and data about the state of the natural
environment, the state of living marine resources, the impacts of mining,
drilling activities and pollution sources and ecosystem trends. In an attempt
to improve pollution monitoring within the BCLME SEIS identifies the following
negative or adverse impacts on the Ecosystem:
! Mining and Petroleum;
! Marine Outfalls and Dumping at Sea;
! Dredging;
! Shipping; and
! Other human impacts.
The following activities and report supported by the BCLME Programme will
significantly complement and give effect to the Abidjan Convention if
implemented by the BCLME Member States:
! The Oil Spill Contingency Plan (Annexure B);
! MARPOL Implementation Assessment and Recommendations
(Annexure C);
! The Development of a Common set of Water and Sediment
Quality Guidelines for the Coastal Zone in the BCLME (Annexure
D); and
! Base-line Assessment of Source and Management of Land-based
Sources of Marine Pollution in the BCLME Region (Annexure E).
Report on the Status of the Abidjan Convention in the BCLME Region
26
Other reports that have been commissioned by the BCLME Project and that
have a bearing on the Abidjan Convention include:
! Analysis of threats and challenges to marine biodiversity and marine
habitats in Namibia and Angola;
! Data gathering and gap analysis for modeling the cumulative effects
of offshore petroleum exploration and production activities on the
marine environment of the BCLME;
! Data gathering and gap analysis for assessment of the cumulative
effects of marine diamond mining activities on the BCLME;
! Assessment of the cumulative effects of sediment discharge from on
shore and near shore diamond mining activities on the BCLME;
! Marine litter;
! Regional oil spill contingency planning in the BCLME;
! Transboundary pollution monitoring; and
! Assessment of the need for waste reception facilities in ports across
the BCLME.
These reports are available from the BCLME Project Coordination Unit in
Windhoek, Namibia or at www.bclme.org.
6.
Implementing the Abidjan Convention: Defining a Role
for the BCC
By February 2007, Angola, South Africa and Namibia had signed the Interim
Agreement that established the Benguela Current Commission (BCC). The
objective of the BCC Interim Agreement is to give effect to the BCLME SAP by
establishing the BCC as a formal institutional structure aimed at facilitating
cooperation within the BCLME Region.
The agreement applies to the BCLME area as well as to all human activities,
aircraft and vessels under the jurisdiction or control of the contracting party to
the extent that these activities, or the operation of such aircraft or vessels
result, or are likely to result, in adverse impacts. The Interim Agreement also
Report on the Status of the Abidjan Convention in the BCLME Region
27
states that the Contracting Parties shall co-operate in the implementation of
the BCLME SAP and negotiate, agree and bring into force a more
comprehensive legal instrument.
The Interim Agreement also gives the BCC the mandate to consider and
make recommendations, in accordance with the national laws of the
Contracting Parties, on, inter alia
! The establishment of a system of MPA's;
! Environmental impact assessments and other procedures for the
planning and approval of new projects and activities which have the
potential to impact on the BCLME Region;
! Processes
and standards for minimizing and remediating
environmental impacts resulting from mining and dredging activities;
! Contingency plans for dealing with extreme pollution events and oil
spills; and
! The adoption and enforcement of harmonized regulatory frameworks
for the discharge of sewerage, pollutants, waste and other pollution
control measures.
The implementation of the Abidjan Convention by the BCC is provided for by
the Abidjan Convention's Institutional Arrangements. The Regional Co-
ordination Unit
! Contributes to the strengthening of programmes implemented in the
framework of the WACAF Action Plan and to the sustainable
management and use of natural resources of the region;
! Improves fund raising and liaison with bilateral and multilateral donors
in the framework of the Action Plan for the sustainable development of
the marine and coastal environment of the region;
! Enhances the regional cooperation with other major projects and
initiatives in the protection and sustainable development of the marine
and coastal Environment of the region, including the Guinea Current,
Benguela Current and Canary Current Large Marine Ecosystem
Report on the Status of the Abidjan Convention in the BCLME Region
28
programmes;
! Establishes and improves working relationships and cooperation with
other UN and non-UN organisations on relevant projects and activities
that contribute or complement those of the West and Central African
Action Plan;
! Establishes a network of institutions in the countries of the region, to
conduct related research and studies and set policies for addressing
the environmental issues on the coastal and marine environment areas
of the region;
! Improves
liaison
and
subsequent
cooperation
with
UN,
Intergovernmental and Non-governmental Organization within the
region, to enhance the implementation of the Abidjan Convention
and its Work Programme.
Because of the vastness of the Abidjan Convention Area, the BCC being
the first formal large marine ecosystem commission in the Convention Area
has an opportunity to play a significant and leading co-ordinator role in the
implementation of the objectives of the Abidjan Convention. The co-
ordination and implementation of these objectives by the BCC will only serve
to give greater impetus to the BCC's broader mandate in the Benguela
Current Region that of sustainably managing the region's fish stocks and
recovering over-exploited and collapsed stocks.
Report on the Status of the Abidjan Convention in the BCLME Region
29
7.
Conclusion and Recommendations
A review of the Abidjan Convention by UNEP in 2005 highlighted that the
inability of the institutions set up in terms of the Convention to implement the
Work Programme is related to:
! Poor utilisation of existing resources;
! The need to address (and possibly create new) funding
mechanisms;
! Poor integration of functions between responsible institutions and
partners;
! The lack of effective coordination, commitment and political will;
! The need for African governments to incentivise and attract
foreign funding by providing resources aimed at the
implementation of the Convention.11
The implementation of the Abidjan Convention Work Programme is
dependent on Contracting Parties paying their respective dues to a trust
fund. However, the failure by Contracting Parties to pay their dues regularly
has stalled the implementation of the Work Programme.
The implementation of the objectives underpinning the Abidjan Convention is
without doubt of fundamental importance to member states of the BCLME
Programme and the BCC. However if regard is had to the comment made by
the Namibian government representative (see above para 4.4, comment by
Mr Sem Shikongo), it may represent a growing and perhaps justified feeling
among government officials that of International Agreement Fatigue.
International Agreement Fatigue will undoubtedly result as the number of
environmental multi-lateral agreements increase, coupled with increased
11 See Ajao, E. (2005) Report of a Comprehensive Review p. 17.
Report on the Status of the Abidjan Convention in the BCLME Region
30
strains on financial and human resources, both of which are in short supply in
the BCLME Region.
This Report accordingly recommends the fol owing in order to encourage the
implementation of the objectives of the Abidjan Convention, regardless of
whether or not each of the BCLME Member States ratifies the Convention:
Coordination by the BCC
1.
The BCC should be considered as the mechanism to implement the
objectives of the Abidjan Convention in the BCLME Region. This would
complement the BCC Interim Agreement, read with the BCLME SAP
and the Objectives of the Abidjan Convention Joint Conference of
Parties (2007, Johannesburg, South Africa).
2.
As the regional implementer of the Abidjan Convention, the BCC
would be able to directly facilitate coordination and harmonisation of
policy, governance and legislation aimed at managing marine and
coastal pollution among members of the Guinea Current LME and the
Canary Current LME.
3.
Furthermore, as the regional implementer, the BCC would prevent the
duplication of financial costs and the duplication of human and
technology deployments.
Monitoring, Reporting and Enforcement
4.
As is the case with the implementation of MARPOL12, although each of
the BCLME Member States either have promulgated or are in the
process of promulgating the necessary regulatory frameworks, there
remain significant gaps in the monitoring and enforcement of policies
and laws in the area of marine and coastal pollution prevention and
management.
12 See further Annexure C, below.
Report on the Status of the Abidjan Convention in the BCLME Region
31
5.
South Africa has a comprehensive marine and coastal pollution
monitoring, reporting and enforcement strategy.
6.
The BCC would be an important conduit through which South Africa's
monitoring, reporting and enforcement strategy is shared with
Namibian and Angolan officials. In this way, a common Benguela
Current Region monitoring, reporting and enforcement policy manual
could be adopted. This must include the collation and sharing of
marine pollution data and pollution sources. The State of the
Environment Information System (SEIS) already makes provision for such
information databases and should be utilised.13
7.
The effective utilisation and management of the SEIS website could
serve as an important incentive for the Canary and Guinea Current
LME's to develop similar tools. These tools should in turn be linked to a
monitoring and reporting web-based tool overseen and managed by
the Abidjan Convention Regional Coordinating Unit.
8.
Finally, the implementation of a SSA by South Africa in March 2008 in
terms of MARPOL will have a significant impact on shipping in the
region, particularly on vessels deployed in Angola's EEZ that either
travel through South African waters onward to Angola or that call at
South African ports. A regional information session on the
consequences (both practical and costs) of the implementation of the
SSA should be considered as a matter of urgency. This information
session should be facilitated by the BCC and should be included as a
component of the SEIS website.
Resource Constraints
9.
The resource constraints identified during the preparation of the
MARPOL Report14 remain applicable.
13 In this regard, see http://seis.sea.uct.ac.za/php/pol ution.php
14 See further Annexure C, below.
Report on the Status of the Abidjan Convention in the BCLME Region
32
10.
Namibia indicated that the challenges experienced with the
implementation of pollution management measures relate to a
shortage of trained and technically skilled staff and a serious lack of
equipment. A further concern raised pertained to the separate
geographic locations of the Directorate of Maritime Affair's head
office and coastal operational offices.
11.
In Angola, port authority officials indicated that a significant challenge
in the implementation of pollution management measures is a general
lack of understanding and awareness of marine pollution and water
quality in general, as well as a shortage of monitoring capacity for the
marine environment.
12.
Between Angola, South Africa and Namibia, there are a number of
fisheries compliance vessels, environmental patrol vessels and
surveillance aircraft that could be increasingly used as shared
resources for the purposes of more effectively monitoring and
enforcing compliance with domestic, regional and international
instruments aimed at preventing and managing marine and coastal
pollution.
Report on the Status of the Abidjan Convention in the BCLME Region
33
Annexure A
Questionnaire
9 October 2007
Dear Sir / Madam,
The recent establishment of the Benguela Current Commission (BCC) has
ushered in the final phase of the BCLME programme, which is committed to
the implementation of the various obligations recorded in the BCLME
(Benguela Current Large Marine Ecosystem)'s SAP (Strategic Action Plan) that
was signed in 2000.
The BCLME PCU (Programme Coordinating Unit) has just requested us to
provide an overview of the 1981 Abidjan Convention (for Cooperation in the
Protection, Management and Development of the Marine and Coastal
Environment of the West and Central African Region) and its current status in
the region of the three countries, Namibia, South Africa and Angola,
including difficulties in implementation, current activities and projects relating
thereto. Unfortunately the time line for this is very urgent, for delivery by the
end of the month.
As one of the main regulatory authorities responsible for the implementation
of the Abidjan Convention, we would like to request your kind assistance
regarding the above. To this end, a simple template has been informed, in
order to inform the provision of data and information. Thank you very much,
and looking forward to hearing from you,
All the best,
Heidi Currie,
Shaheen Moolla
Tel: (064) 4060 39 / 4101150
Tel: (021) 788 9131
Cell: +264 81 302 5207
Cell: 082 443 2110
hcurrie@feike.co.za
smoolla@feike.co.za
www.feike.co.za
Report on the Status of the Abidjan Convention in the BCLME Region
34
Questionnaire
1.
a) Has the 1981 Abidjan Convention (for Cooperation in the Protection,
Management and Development of the Marine and Coastal
Environment of the West and Central African Region) been
incorporated into your BCLME country's national legislation, regulations
and policy?
b) To what extent?
2.
a) If the answer to (1) above is in the affirmative, how has the Abidjan
Convention been implemented in your country and by your Institution?
b) What difficulties have been experienced in implementing this
instrument, together with its 1981 Protocol?
3.
What activities have been carried out in your country relating to the
main aims of the Abidjan Convention?
4.
Do you regard the Benguela Current Commission as a suitable vehicle
through which the aims and recommendations of the Abidjan
Convention can be implemented?
Please substantiate your answer.
5.
Is there any further information regarding your country's commitment
to the Abidjan Convention and its broader objectives that you would
like to furnish?
Report on the Status of the Abidjan Convention in the BCLME Region
35
Annexure B
Oil Spil Contingency Plan
The Regional Oil Spil Contingency Planning in the BCLME Region (Project
BEHP/OSCP/03/01)
Prepared by: Pat Morant and the CSIR
Status: Draft
The objective of project BEHP/OSCP/03/01 is to investigate the harmonisation
of the relevant policies and strategies for oil spill contingency planning in
Angola, Namibia and South Africa and to propose a protocol for the
facilitation of cooperation in the event of oil spills.
The project consists of a review of the legal framework and institutional
structures related to oil spill contingency planning, coastal sensitivity maps,
infrastructure in place and resources available for oil spill response in the three
BCLME countries.
Whilst the risk and scope of transboundary oil spills which would require close
cooperation between the BCLME countries may be limited there appears to
be scope for mutual aid in case of major spills.
The project was undertaken in four phases, which were continuously updated
as the project progressed. These Phases were;
! Review of legal framework and institutional structures
! Workshops
! Oil Spill Infrastructure Assessment
! Finalisation of the Regional Cooperation Plan
Angola's National Oil Spill Contingency Plan (NOSCP) which is expected to
be approved by the Council of Ministers in the near future applies to the
Report on the Status of the Abidjan Convention in the BCLME Region
36
Exclusive Economic Zone (EEZ), territorial waters and the shoreline including
estuaries and river mouths. The NOSCP is based on the following principles:
! Prevention of the occurrence of oil spills is paramount and this principle
should guide the planning and implementation of all operations;
! Safety of human life is of the utmost priority;
! Response to an oil spill should be conducted so as to minimize the
severity of the impacts on the environment and to accelerate the
recovery of any affected habitat or ecosystem; and
! Response should complement and use natural forces to the maximum
extent possible.
South Africa has now in place a number of different oil spill contingency plans
ranging from the broad national plan to more defined plans covering specific
harbour facilities.
The Ministry of Works Transport and Communication (MWTC) is, by law, the
designated ministry for the management of oil spill emergencies in Namibia.
MWTC, through the directorates of Maritime Affairs (DMA) and Civil Aviation
(DCA), with the participation of other ministries, Government bodies and the
industry developed two approaches to responding to oil spills, namely the
National Oil Spill Contingency Organisation (NOSCO) and the Namibian
Government Action Control Group (NGACG). NOSCO is the main
organisation dealing with all oil spills in the country while the NGACG was
developed at the height of petroleum exploration activities in Namibia in the
late 1990s and early 2000s and was aimed at the petroleum industry with the
objective of covering all incidents offshore.
It is, however, important to note that the while the NGACG is dormant,
NOSCO has been active with training workshops for stakeholders which, in
principle, should take place annually. However, the most recent workshop,
the IMO-supported National Oil Spill Contingency Plan (NOSCP) Exercise and
Workshop organized by DMA, took place in 2004. The aim of the Workshop
Report on the Status of the Abidjan Convention in the BCLME Region
37
was to review the NOSCP and make recommendations for any changes or
additions to be made in the light of the exercise and workshop findings.
Other Oil Spill Plans are industry-specific such as required by law for offshore
vessels and the local port oil spill plans within the demarcated areas of their
control i.e. at Walvis Bay and Lüderitz.
Under the auspices of the BCC a co-operation agreement should be drafted
based on the OPRC and learning from the experiences of other existing co-
operation agreements. Because of the differences in legal systems between
the three BCLME countries and the advanced state of their national oil spill
contingency plans it would not be practical to attempt drafting a regional oil
spill contingency plan. The agreement should be effected by the necessary
protocols for actual co-operation. Alternatively the BCLME co-operation
agreement could form part of the existing, but probably to be strengthened,
agreements at the west and east coasts of Africa
Recommendations: General
It is recommended that a co-operation agreement be established between
the three BCLME countries to deal with all aspects of oil spill contingency
planning and response.
It is believe that this will be more effective than a regional oil spill contingency
plan because of the differences in the legal and institutional structures in the
three countries. Furthermore, international experience to date has shown
that regional OSCPs have been ineffective (see Chapter 9).
Recommendations: Legal
This study has established that although the three BCLME countries have their
own legal systems and statutes in the area of marine pollution prevention and
control, this does not present a major impediment to fulfilling the overall vision
and objective of this study i.e. to propose the establishment of oil spill
contingency
planning
and
response
co-operation.
The
legal
recommendations made below are accordingly made to facilitate and
Report on the Status of the Abidjan Convention in the BCLME Region
38
streamline the overall implementation of the OPRC through a co-operation
agreement.
Adoption of OPRC
That the South African and Namibian governments be strongly urged to
adopt the OPRC because its objectives and operations are strongly aligned
with the objective of this study. Angola has already done so.
Enactment of domestic legislation
That the Namibian government be strongly urged to put in place domestic
legislation to give effect to MARPOL 1973/78 and the 1996 Protocol. Similarly
that Angola be encouraged to do so. Although the Doctrine of Incorporation
applies in that country a convention cannot be applied directly against
citizens particularly as far as the criminal law is concerned so Angola should
be encouraged to adopt this legislation.
Co-operation agreement and protocols
Under the auspices of the BCC a co-operation agreement should be drafted
based on the OPRC and learning from the experiences of other existing co-
operation agreements. Because of the differences in legal systems between
the three BCLME countries and the advanced state of their national oil spill
contingency plans it would not be practical to attempt drafting a regional oil
spill contingency plan. The agreement should be effected by the necessary
protocols for actual co-operation. Alternatively the BCLME co-operation
agreement could form part of the existing, but probably to be strengthened,
agreements at the west and east coasts of Africa (Chapter 3).
Recommendations: Institutional
Benguela Current Commission (BCC)
Since the BCC is the envisaged inter-governmental vehicle to facilitate and
streamline co-operation between the three BCLME parties it is suggested that:
each of the national delegations includes a specialist on marine pollution
prevention and control from their respective governments on the "Ecosystem
Report on the Status of the Abidjan Convention in the BCLME Region
39
Health Committee", a sub-committee of the Management Board referred to
in Article 10(a)(iii) of the BCC Interim Agreement.
Communication of plans
In order to achieve effective co-operation between the OSCP organisations
of the three BCLME governments it is necessary that each understands the
OSCP procedures of the other two. In particular the reporting procedures
and chains-of-command in the three countries differ and are likely to remain
different although with time it is hoped that there will be increasing
commonality in these OSCP procedures. The most effective means of
achieving this mutual understanding of national OSCPs would be through
joint training exercises (see Section 10.6.4 below).
Financial implications
It is recommended that the three BCLME countries use Article 6(1)(a) of the
OPRC as a basis for co-operation in that the Article is designed to enable a
request for assistance from another country to be "fast-tracked" through
administrative procedures.
Provision of mutual aid
There are a number of formal and semi-formal agreements within and
between countries to enable the provision of assistance in the event of a spill
exceeding a country or organisation's ability to deal with it. We recommend
that these existing mutual aid agreements be maintained. Furthermore, the
proposed BCC Oil Spill Contingency Planning and Response Secretariat
should ensure that the nature of these agreements is communicated to all
parties involved in oil spill contingency planning and response.
The BCC can provide the mechanism for formalising mutual aid procedures in
the BCLME region. For example, (i) the level and location of resources
stockpiled by the three countries can be determined; (ii) procedures for
requesting, and responding to calls for assistance be established; (iii) financial
compensation mechanisms developed; and (iv) procedures for streamlining
Report on the Status of the Abidjan Convention in the BCLME Region
40
the movement of personnel and materials from one country to another
negotiated with the relevant government departments in each country.
Recommendations: Operational
Transboundary oil spil response plans (TBOSRPs)
Although the likelihood of transboundary oil spills occurring is very low, the
remoteness of the South Africa-Namibia and Namibia-Angola TBAs requires
that the countries concerned pay special attention to co-operation in the
event of such a spill.
The formulation of the TBOSRPs can provide the means by which cooperation
between the countries of the region can be operationalised i.e. all the
procedures necessary for effective cooperation can be developed namely
that bureaucratic processes are streamlined to enable the rapid deployment
of personnel and equipment from one country to another, not just in the case
of transboundary oil spills but also in cases of mutual co-operation. It is
proposed that the formulation of these TBOSRPs be accorded the highest
priority once an oil spill planning and response secretariat has been
established under the auspices of the BCC (see Section 10.2.2 above).
Communication
While recognising that each country has its own OSCP structure it is necessary
for effective co-operation that each country understands the other two
countries' modus operandi. At the senior management level this may be
achieved by staff exchanges enabling participation in both desk-top and
field exercises. At the operational or response level this could be achieved by
joint training programmes.
Communication channels between the three BCLME OSCP organisations
need to be established to facilitate the rapid transfer of information about
spills and, when necessary, equipment and personnel to deal with spills. The
correct communication channels for requesting assistance with personnel
and/or equipment from partner States need to be identified clearly.
Report on the Status of the Abidjan Convention in the BCLME Region
41
Customs and Immigration clearance
Each country should develop with its respective Departments of Customs and
Immigration mechanisms to facilitate the rapid movement of personnel and
equipment from one country to another. Speed is of the essence when
dealing with oil spills thus the maximum benefit is derived from the rapid
transfer of support from one country to another.
Training and capacity building
Joint training programmes for all levels of personnel should be encouraged
while recognising that language may pose a problem at times.
In all three countries there is an urgent need to train existing OSR personnel
and to build capacity to ensure continuity in capability and skills. Training
should be undertaken both nationally and jointly. Initial training should be
undertaken on a national basis and advanced training and exercises can be
undertaken jointly. Because of language barriers it is suggested that initial
training should be done on a national basis.
Oil spil scenario studies
Much of the BCLME coastline between Lobito, in Angola in the north and Port
Nolloth, South Africa in the south is inadequately supplied with the metocean
data necessary to drive oil spill trajectory and fate models. Oil spill scenarios
should be modelled using inputs from models such as Regional Ocean
Modelling System (ROMS) in order to refine oil spill response plans for these
remote areas.
Harmonisation of coastal sensitivity mapping
All three BCLME countries should be encouraged to adopt a common
approach to sensitivity mapping which should encompass criteria, software
and the nature of the outputs. It is suggested that a special workshop be
convened to discuss the best approach to the development of harmonised
coastal sensitivity maps. A balance between high-tech and practicality
should be the goal.
Report on the Status of the Abidjan Convention in the BCLME Region
42
As discussed in Chapter 4 all three BLCME countries urgently need to develop
up-to-date coastal sensitivity maps taking advantage of advances in
electronic data acquisition, display and storage. The objective should be to
have a common approach to, and criteria for, the coastal sensitivity maps
and associated databases (See Chapter 4, Section 4.5.2). The BCC can
provide the forum for developing a common approach i.e. establish the
terms of reference for the preparation of the coastal sensitivity maps which
can be undertaken by the appropriate authorities in the three countries or
out-sourced to contractors.
Harmonisation of policies and procedures for dispersant application
Agreed criteria for the selection and application of dispersants should be
developed by the three BCLME countries taking cognisance of the
oceanographic regimes and biota of the three countries.
There is a need for the BCLME countries to harmonise policies and procedures
for the application of dispersants. Cognisance, however, must be taken of
special circumstances which may be unique to one of the countries. For
example the low salinity conditions that occur in the vicinity of the Congo
River mouth and off Cabinda may require a different approach to the use of
dispersants in those areas.
Monitoring oil spil movement at sea
Remote sensing, particularly, of the TBAs, should be investigated to provide a
cost-effective method for monitoring oil spills. For example, synthetic aperture
radar (SAR) imagery could be used for such monitoring. Consideration should
be given to establishing a facility in the BCLME region for processing SAR data
acquired by platforms such as the European Space Agency's satellite. This
information would be available in near real-time and could enable the
interception of spills at sea thereby avoiding damage to shorelines and the
expense of cleaning up.
Since the BCC is the envisaged inter-governmental vehicle to facilitate and
streamline co-operation between the three BCLME parties it is suggested that:
Report on the Status of the Abidjan Convention in the BCLME Region
43
each of the national delegations includes a specialist on marine pollution
prevention and control from their respective governments on the "Ecosystem
Health Committee", a sub-committee of the Management Board referred to
in Article 10(a)(iii) of the BCC Interim Agreement.
Report on the Status of the Abidjan Convention in the BCLME Region
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Annexure C
MARPOL Implementation Assessment and Recommendations
Report on MARPOL 73/78: Adoption, Compliance and Monitoring in the BCLME
Region
Prepared by: Feike Pty Ltd, Shaheen Moolla, Heidi Currie, Domingas Paim
Status: Submitted May 2007
The terms of reference for this report specified that the report needed to be
brief and must address the following pertinent issues:
! To what extent has MARPOL, including all current Annexures,
been adopted by each of the BCLME Member States;
! How is compliance enforced and encouraged by each of the
BCLME Member States;
! How is compliance with MARPOL monitored by the Member
States; and
! Whether it is feasible at this stage to conclude a MARPOL
implementation agreement with other SADC coastal member
states.
The Report found that;
1.
South Africa, Namibia and Angola are signatories to the MARPOL
Convention 73/78. As State Parties, the three BCLME member states
are obligated to monitor and enforce compliance with MARPOL
Annexures 1 and 2 at a minimum.
2.
South Africa has adopted and acceded to MARPOL Annexures 1, 2, 3
and 5. South Africa has not adopted MARPOL Annexures 4 and 6.
Report on the Status of the Abidjan Convention in the BCLME Region
45
3.
Namibia has adopted and acceded to MARPOL Annexures 1, 2, 3, 4
and 5. Namibian authorities are unclear as to whether Namibia has in
fact adopted Annexure 4. The International Maritime Organisation
records that Namibia has adopted Annexure 4. This Report found that
Namibia's principal MARPOL implementation legislation was inherited
from South Africa after Namibian independence. This legislation is
rather dated as it has not been amended. The dated legislative
framework in Namibia has forced Namibian authorities to limit MARPOL
enforcement to Annexures 1 and 5 only.
4.
Angola has adopted and acceded to MARPOL Annexures 1, 2, 3, 4
and 5. Angola is currently reviewing its MARPOL implementation
legislation and programmes.
5.
This Report confirms that in each of the three BCLME member states,
MARPOL regulation and implementation is led by the respective
country's government departments responsible for transport and
maritime affairs. Government departments responsible for fisheries play
a support role at best. In practice, for example, South Africa's
Department of Environmental Affairs and Tourism and in particular its
fisheries branch, plays a rather active role in MARPOL implementation,
which is complementary to the lead role assumed by South Africa's
Department of Transport.
6.
This Report found that, generally, there is little reliable and regular data
on pollution incidences, inspection reports and measures taken to
enforcement compliance with MARPOL. This Report notes that the
State of the Environment Information System website should be used
more effectively to record such data and to share the data.
7.
A number of officials in Namibia and Angola noted that due to
resource constraints, MARPOL implementation was being hampered.
This Report notes that should tools and resources currently available to
Angola, Namibia and South Africa be used in a more creative and
Report on the Status of the Abidjan Convention in the BCLME Region
46
efficient manner, these resources constraints could be significantly
eliminated.
8.
Finally, with respect to a possible SADC MARPOL Implementation
Agreement, this Report concluded that due to the challenges being
faced by SADC in the Natural Resources Programme at present, it may
be more feasible to consider working toward an implementation
agreement with the proposed Agulhas Current LME Programme
instead.
The MARPOL Report Recommends that;
Monitoring and enforcement:
· Although Namibia and Angola have adopted Annexures 1 to 5, it is
unclear to what extent Angola actually monitors and enforces
compliance with MARPOL. It is apparent that Namibia neither monitors
nor enforces MARPOL Annexures 2, 3 and 4.
· South Africa, on the other hand, has a comprehensive monitoring and
enforcement strategy, coupled with annual reports on the number of
incidences recorded and sanctions applied.
· The BCC could be an important conduit through which South Africa's
monitoring and enforcement strategy is shared with Namibian and
Angolan officials. In this way, a common Benguela Current Region
monitoring and enforcement manual could be adopted. This must
include the collation and sharing of marine pollution data and
pollution sources. The State of the Environment Information System
(SEIS) already makes provision for such information databases and
should be utilised.15
Resource Constraints:
· Namibia's DMA indicated that the challenges experienced with the
implementation of MARPOL relate to a shortage of trained and
technically skilled staff and a serious lack of equipment. A further
15 In this regard, see http://seis.sea.uct.ac.za/php/pol ution.php
Report on the Status of the Abidjan Convention in the BCLME Region
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concern raised pertained to the separate geographic locations of
DMA's head office and coastal operational offices.
· In Angola, port authority officials indicated that a significant challenge
in the implementation of MARPOL is a general lack of understanding
and awareness of marine pollution and water quality in general, as
well as a shortage of monitoring capacity for the marine environment.
· Trilateral training and monitoring programmes should be set up for
Namibian, South African and Angolan enforcement officials and
observers in the fishing sectors.
· To reiterate, many of the identified resource constraints that are
hampering monitoring and enforcement of MARPOL could be
overcome if the SEIS website was updated and regularly accessed.
· Finally, between Angola, South Africa and Namibia, there are number
of fisheries compliance vessels, environmental patrol vessels and
surveillance aircraft that could be increasingly used as shared
resources for the purposes of more effectively monitoring and
enforcing compliance with, inter alia, MARPOL.
Implementing Annexure 6 of MARPOL:
· Although none of the three member states indicated an intention to
adopt MARPOL Annexure 6, Annexure 6 is perhaps one of the most
significant of the MARPOL annexures because of its requirements to
reduce the release of greenhouse gases by ships.
· Implementation of MARPOL Annexure 6 should therefore be seen in
the context of country specific commitments to international
instruments pertaining to managing climate change.
Report on the Status of the Abidjan Convention in the BCLME Region
48
Annexure D
Water and Sediment Quality Guidelines
The Development of a Common Set of Water and Sediment Quality Guidelines
for the Coastal Zone of the BCLME (Project BEHP/LBMP/03/04)
Prepared by: Susan Taljaard (CSIR)
Status: Submitted January 2006
The main purpose of the project was to obtain;
· A set of recommended water and sediment quality guidelines for a
range of biogeochemical and microbiological quality variables, in
order to sustain natural ecosystem functioning, as well as to support
designated beneficial uses, in coastal areas of the BCLME region
· Best Practice Protocols for the implementation (or application) of these
quality guidelines in the management of the coastal areas in the
BCLME region.
The above were achieved through a critical review of international water
and sediment quality guidelines and of international best practice in terms of
the implementation of quality guidelines in the management of coastal
areas.
The recommended set of water and sediment quality guidelines for coastal
areas of the BCLME regions (Section 6) was distilled from what was
considered international best practice, but what would also be practical and
applicable to the coastal areas of the BCLME region. As information is
developed further for specific conditions in the BCLME region, these
guidelines may be modified, fol owing the principle of adaptive
management.
Report on the Status of the Abidjan Convention in the BCLME Region
49
An important secondary objective was to get acceptance from key
stakeholders in the three countries on the proposed guidelines and protocols.
This was achieved through work sessions and training workshops held in each
of the three countries to which key stakeholders were invited. The outputs
from this project were also incorporated into an updatable web-based
information system.
Recommendations
The recommended guidelines still need to be officially approved and
adopted by responsible authorities in each of the three countries. It may well
be that individual countries require further refinement or adjustment of these
guidelines to meet requirements that might be specific to their own countries.
In the case of South Africa, the South African Water Quality Guidelines for
Coastal Marine Waters (DWAF, 1995b) will still stand as the country's official
guidelines. However, although the 1995 documents provide extensive
background information, necessary for the application of water quality
guidelines that are still valid, the recommended guideline values for different
variables are essentially still the same as when proposed in 1984 (Lusher, 1984;
RSA DWAF, 1992). It is therefore recommended that the South African water
quality guidelines be re-evaluated by the relevant authorities, taking into
account latest international practice. The outputs from this study can also be
used as a starting point in this regard.
The quality guidelines and protocols developed as part of this project form an
integral part of the management framework for land-based marine pollution
sources (developed as part of another BCLME project BEHP/LBMP/03/01).
The project's particular link to the framework is through the establishment of
environmental quality objectives. In the interim, until such time as a
management framework and quality guidelines have been incorporated in
official government policy, it is proposed that the quality guidelines
developed as part of this project, together with the proposed management
framework (referring to Project BEHP/LBMP/03/01), be applied as preliminary
Report on the Status of the Abidjan Convention in the BCLME Region
50
tools towards improving the management of the water quality in coastal
areas of the BCLME region.
In adopting official water and sediment quality guidelines, it is recommended
that preferred analytical methods for different chemical and microbiological
variables also be included. Although techniques should be scientifically
sound, it is also important that constraints with regard to infrastructure and
analytical facilities within each of the three countries be taken into account.
In this regard, analytical scientists with relevant expertise in marine analytical
techniques need to be consulted (as this aspect was not within the scope of
the current project).
The updatable web-based information system (temporary web address
www.wamsys.co.za/bclme), which was developed as part of this project, can
be a very useful decision-support and educational tool for marine water
quality management in the coastal areas of the BCLME region. However, its
usefulness in the future will rely strongly on the system being maintained and
updated regularly. It is therefore important that a dedicated `administrative
home' for the system be provided once this project is terminated. In the short
to medium term, it is recommended that one or more of the BCLME offices
within the three countries take on this responsibility.
Although training workshops did form part of this project, they targeted only a
limited number of stakeholders in each of the three countries. To facilitate
wider capacity building in the BCLME region on management of marine
pollution in coastal areas, it is strongly recommended that the output of this
project be included in a training course. In this regard, the Train-Sea-
Coast/Benguela Course Development Unit is considered the ideal platform
through
which
to
develop
and
present
such
training
(www.ioisa.org.za/tsc/index.htm).
! Base-line Assessment of Source and Management of Land-based
Sources of Marine Pollution in the BCLME Region (Annexure E).
Report on the Status of the Abidjan Convention in the BCLME Region
51
Annexure E
Land-based Sources of Marine Pol ution
Baseline Assessment of Sources and Management of Land-Based Marine
pol ution in the BCLME Region (Project BEHP/LBMP/03/01)
Prepared by: Susan Taljaard (CSIR)
Status: Submitted January 2006
The primary purpose of this project was to standardize the approach and
methodology by which land-based marine pollution sources in the BCLME
region are managed. This was achieved through the preparation of a
generic (draft) management framework, including protocols for the design of
baseline measurement and long-term monitoring programmes. An important
secondary objective of this project was to initiate the establishment of a
BCLME coastal water quality network to provide a legacy of shared
experience, awareness of tools, capabilities and technical support. This
network had to be supported by an updatable web-based information
system that could provide guidance and protocols on the implementation of
the management framework. The web-based information system also had to
contain a meta-database on available information and expertise.
The main outputs of this project are;
· A proposed framework for managing a land-based source of marine
pollution, including guidance on the implementation of such a
framework
· Propose protocols for the design of baseline measurement and long-
term monitoring programmes related to the management of land-
based marine pollution sources in the BCLME
· A preliminary list of key stakeholders involved in the management of
marine pollution in each of the three countries
Report on the Status of the Abidjan Convention in the BCLME Region
52
· An inventory and critical assessment of available information and data
related to the management of (land-based) marine pollution sources
in the BCLME countries
· Updatable web-based information system that provides guidance on
the application of the generic management framework, as well as a
meta-database on available information and expertise in the BCLME
region
The proposed framework is largely based on a process that was developed
for the Department of Water Affairs and Forestry (South Africa) as part of their
Operational Policy for the Disposal of Land-derived Wastewater to the Marine
Environment of South Africa (RSA DWAF, 2004) which, in turn, is based on a
review of international best practice and own experience in the South African
context. The proposed framework promotes an ecosystem-based approach,
identifying different components that need to be addressed as well as
linkages between components. The following are considered to be key
components of such a management framework:
· Identification of legislative framework
· Establishment of management institutions and their responsibilities
· Determination of environmental quality objectives
· Specification of marine pollution sources
· Scientific assessment studies
· Specification of critical limits and mitigation measures
· Design and implementation of long-term monitoring programmes.
The report concludes that:
· The proposed framework for the management of land-based marine
pollution sources in the BCLME region is largely based on a framework
that was developed for the Department of Water Affairs and Forestry
(South Africa) as part of their Operational Policy for the Disposal of
Land-derived Wastewater to the Marine Environment of South Africa
(RSA DWAF, 2004a&b). However, the proposed framework still needs to
Report on the Status of the Abidjan Convention in the BCLME Region
53
be official y approved and adopted by responsible government
authorities in Namibia and Angola. It may well be that individual
countries require further refinement or adjustment of the management
framework to meet requirements specific to their own countries.
· The management framework developed as part of this project is closely
link to the recommended water and sediment quality guidelines for the
coastal areas of the BCLME region (developed as part of another
BCLME project BEHP/LBMP/03/04). In particular, the guidelines will
assist in the initial establishment of environmental quality objectives. In
the interim, until such time as a management framework and quality
guidelines have been incorporated in official government policy, it is
proposed that the management framework developed as part of this
project, together with the recommended water and sediment quality
guidelines (referring to Project BEHP/LBMP/03/04), be applied as
preliminary tools towards improving the management of the water
quality in coastal areas of the BCLME region.
· The updatable web-based information system (temporary web address
www.wamsys.co.za/bclme), developed as part of this project, can also
be a very useful decision-support and educational tool for marine
pollution management in the coastal areas of the BCLME region.
However, its usefulness in the future will strongly rely on the system being
maintained and updated regularly. It is therefore important that a
dedicated `administrative home' for the system be provided once this
project is terminated. In the short to medium term, it is recommended
that one or more of the BCLME offices within the three countries take on
this responsibility.
· Although training workshops did form part of the project, they targeted
only a limited number of stakeholders in each of the three countries. To
facilitate wider capacity building in the BCLME region on management
of marine pollution in coastal areas, it is strongly recommended that the
output of this project be included in a training course. In this regard, the
Train-Sea-Coast/Benguela Course Development Unit is considered the
ideal platform through which to develop and present such training
(www.ioisa.org.za/tsc/index.htm
Report on the Status of the Abidjan Convention in the BCLME Region
54