This article is submitted by Anshika Agarwal, from VIPS, IP. The article provides comprehensive insights into the Nairobi Convention, a response to the threats engulfing the Western Indian Ocean Region. The author provides a basic understanding of the key provisions of the Convention and the projects and protocols undertaken under the domain of the Convention.

Introduction

“The world’s finest wilderness lies beneath the waves.”- Robert Wyland

Oceans, vested with a plethora of rich marine species and resources, have always played a prominent role in maintaining the ecological balances. Owing to unfriendly exploitation of natural resources, overfishing, shipwrecks and anthropogenic activities contributing to pollution, oceans have become a focal point of environmental concerns. The environmental degradation associated with the oceans has broadened the domain of marine laws on a global frontier. 

The latter half of the twentieth century observed some of the incredible measures on the part of the States to counter the effect. Several Conventions, treaties and declarations were entered into by the States for a healthier marine environment. Nairobi Convention is one such engagement undertaken by the States to ensure the conservation of coasts, rivers and oceans in the Western Indian Ocean Region. 

The region has been subjected to several threats posed by the anthropogenic and shipping activities exposing the marine diversity to great risk. Commercial ships, transporting the world’s 80% of the goods, have proved to be the biggest concern for the region. The noise, land and air-based pollution caused by such humanly induced activities, has called for the need of multiple plans and projects undertaken by the States, under the domain of the Convention.

Nairobi Convention

Nairobi Convention forms the flagship programme of the United Nations Environment Programme’s Regional Seas Programme. The Convention, signed in 1985, was effected from 1996. It aims at the sustainable development of the marine and coastal environment by international cooperation. It connects the nations sharing the Western coastal line of the region together to pursue the vision of healthier coasts and oceans. The nations are engaged in a close network wherein they exchange their information and research outcomes, addressing the environmental threats, for effective implementation of the Convention.

Contracting parties

The Convention binds the countries of France, Mauritius, Somalia, Republic of South Africa, Kenya, Comoros, Tanzania, Madagascar, Seychelles and Mozambique into a Work Programme to realise the objectives of the Convention. The Programme is funded by the nations, Governments, stakeholders and donors through the East African Trust Fund. 

Key provisions

The legal instrument under the domain of the Convention was adopted on 31 March 2010 at the sixth Conference of Parties Meet in Nairobi, Kenya. The instrument was termed as Protocol for the Protection of the Marine and Coastal Environment of the Western Indian Ocean from Land-Based Sources and Activities. The protocol was amended in 2015 at the eighth Conference of Parties Meet in Mahe, Seychelles and came to be known as Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean.

The contracting parties, along with the non-governmental organisations and groups, commit to working in harmony with a view to combat environmental degradation of these areas. The Convention takes into account the pertinent environmental provisions as proposed by prominent international treaties like Basel Convention of 1989, Bamako Convention of 1991, United Nations Convention on the Law of the Sea 1982 and the strategies adopted by the nations worldwide.

Scope

Article 1 determines the geographical coverage of the Amended Convention that extends to the nations sharing their coast with Western Indian Ocean, encompassing parts of Eastern and Southern Africa. The region falls under the scope of the Convention is referred to as the “Convention area”. Defined under Article 2(b), the area includes the watershed and the coastal environment of the nations adjacent to them. The extent of the area to be covered by the Convention is agreed upon by the nations by a protocol undertaken for this purpose.

Obligations of the parties

Article 4 imposes general obligations on the parties for effective implementation of the Convention. It mandates States to adopt appropriate measures to combat marine pollution, thereby facilitating sage management of natural resources. The parties owe a duty to ensure that the measures so adopted align with the other environmental laws and protocols undertaken within the Convention. 

The parties should not cause any sort of disturbance to the region outside the “Convention area” while executing these measures. The Convention further promotes the cooperation of States with the governmental, regional or sub-regional organisations towards the discharge of the obligations of the parties. 

The subsequent articles mandate the nations to adopt “appropriate measures” to counter the effect of pollution caused by the commercial shipping activities (Article 5), improper waste dumping activities (Article 6), discharge of commercial and non-commercial based effluents (Article 7) and unfriendly exploitation of the sea bed (Article 8). The parties are further required to act cautiously within the framework of Basel Convention, 1989 and Bamako Convention, 1991 while managing and transporting hazardous waste across the territories (Article 9).

The framework of the Convention extends to include preservation of the atmosphere and diverse marine species, threatened by the humanly induced activities, as propounded under Article 10 and 11 respectively. It further provides for the situations of imminent dangers by promoting the usage of contingency plans and measures  (Article 12). The States, while carrying out their engineering activities including dredging of land, are required to adhere to the basic framework of the Convention (Article 13).

Provision of International Cooperation from regional organisations

The Convention promotes collaboration between nations and regional organisations to promote technological and scientific advancements, research and exchange of information for better implementation. The parties, on the basis of an assessment determining the environmental risk associated with the major development projects, consult these organisations on scientific and technical aspects. 

The organisations, on their part, assist the parties in planning and framing sustainable guidelines for the continuation of the projects in a way that the environment is the least to get affected. The assistance also includes dissemination of scientific information and research outcomes, development of research centres and promotion of international engagements outside the “Convention area’” to explore innovative solutions concerning the environment.

Article 16 incurs liability on the parties, in case of damage in the “Convention” region, resulting out of default in complying with the necessary guidelines.

Structure and composition

The Convention provides for a Secretariat serving as the chief architect and executor of the work programme, Conference of Parties and specialised groups and task forces established for the purpose of executing the plans laid. 

Secretariat

The Executive Director of the United Nations Environment Programme acts as the Secretariat and is required to perform the functions assigned by Article 17. The Secretariat coordinates the functioning between the Conference of Parties by exchanging information, ensuring their collaboration with the international and regional units. It convenes the meetings of the Conference of Parties and regulates their functioning. It ensures that all the technical and financial arrangements are made for the implementation of the projects undertaken by the parties. It makes the parties aware of all the necessary information and guidelines as communicated by the organisation, ensuring that the protocols adopted are followed by the concerned parties. 

Conference of parties

The Conference of Parties, composed of experts from each of the contracting parties, is conferred with the authority to make decisions on topics of relevance. The parties meet once every two years in an ordinary meeting to discuss the policies, plans and the projects undertaken. Article 18 assigns the functions to be performed by the parties while in an ordinary meet. The Conference considers the information communicated by the Parties to the Organisation six months prior to the meet, under Article 24, and calls for discussions on them. It is also entitled to make amendments and adopt protocols within the framework of the Convention. The parties can establish task forces and expert groups for the implementation of the projects undertaken. 

An extraordinary meet can also be organised upon the request of the parties, to discuss the matters of relevance so requested. Such a request should be supported by a two-thirds majority. The matters of discussion in an extraordinary meeting are limited and extend to include only those topics as proposed in the request. 

Bureau

A bureau consisting of a President, a Vice President and a Rapporteur, appointed from the candidates representing their respective countries, manages the general business of the ordinary and extraordinary meeting. It meets between the ordinary meetings of the Conference of Parties. The bureau exercises a decision making authority on the matters concerning the implementation of the protocols. It assists the Secretariat in making arrangements for the ordinary and extraordinary meets and preparing budgets for different projects.

Projects undertaken

The projects adopted under the domain of Convention receive funding through organisations like the Global Environment Fund (GEF). The Convention has also entered into a partnership with organisations like IUCN, African Union (AU), Western Indian Ocean Marine Science Association (WIOMSA), Indian Ocean Commission (IOC) and Birdlife International for obtaining financial and technical assistance. The current project under the work programme of the Convention is:

WIOSAP

The Project named “Implementation of the Strategic Action Programme for the protection of the Western Indian Ocean from land-based sources and activities” (WIO-SAP) aims to preserve the coastal environment from the toxic impact of the land-based activities. The project is based on the framework of the WIO Lab Strategic Action Plan that determines key measures to counter the effect of environmental degradation. The project is based on four pillars:

• Preserving the threatened and endangered coastal habitats.
• Maintaining the standard of water quality.
• Promoting a healthy flow of rivers.
• Consolidating the system of governance and ensuring a stricter implementation of the project.

Project structure

National Implementation Committee

A national-level committee is established in every contracting nation under the ambit of the project. The Committee reviews the demonstration projects of its country and communicates the same to WIOSAP.

Regional Task Forces

The Project provides for the establishment of task forces to promote regional cooperation and collaboration and ensuring better enforcement of the project.

Project outcomes

The proposals presented by the countries, after a review by the National Implementation Committee, is communicated to The Project Committee of WIOSAP. These demonstrations are then approved and developed into an actual plan by the Project Steering Committee. Till now 8 demonstrations have been approved. 

The project adopted by Kenya to conserve the mangrove forests and fisheries of the Sabaki estuary has proved to be a success. The town of Malindi has adopted a well-designed waste disposal mechanism. There has been an improvement in the governance and management of mangroves and fisheries in the estuary.

Another project aimed at maintaining the water quality was adopted by Madagascar with a vision to consolidate the country’s capacity to preserve the ecosystem. The project has witnessed some of the major developments. The effluents monitoring national capacity within the Betsiboka estuary has strengthened, acquiring a regional framework.

Conclusion

The growing concerns engulfing the Western Indian Ocean Region has led to developments in Nairobi Convention. With the amendment in 2015, provisions aiming at better governance and implementation have been brought up by the nations. The objectives aiming at sustainable management of the coastal marine ecosystem have now become a priority of the nations. To realise this vision, nations have adopted certain protocols and projects under the domain of the Convention.

The constant efforts of the Organisation to promote regional cooperation, exchange of data and technical assistance to underdeveloped countries have resulted in some positive outcomes. The current day situation of most of the estuaries has improved in terms of a healthy flow of rivers, thriving mangroves and restoration of endangered marine species. The countries are thus coming forward to promote research-based activities to discover sustainable solutions to counter the negatives of the hazardous anthropogenic activities. 

References

• https://www.azquotes.com/quotes/topics/marine-life.html
• https://unctad.org/en/PublicationsLibrary/rmt2017_en.pdf
• https://wedocs.unep.org/bitstream/handle/20.500.11822/25668/Ocean_Noise.pdf?sequence=1&isAllowed=y
• https://www.unenvironment.org/explore-topics/oceans-seas/what-we-do/working-regional-seas
• https://www.nairobiconvention.org/clearinghouse/node/242
• https://www.nairobiconvention.org/clearinghouse/sites/default/files/UNEP-DEPI-EAF-COP8-2015-10-en-Amended-Nairobi-Convention.pdf
• https://www.basel.int/Portals/4/Basel%20Convention/docs/text/BaselConventionText-e.pdf
• https://au.int/sites/default/files/treaties/7774-treaty-0015_-_bamako_convention_on_hazardous_wastes_e.pdf
• https://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf
• https://www.unenvironment.org/about-un-environment
• http://www.globalenvironmentfund.com/
• https://www.iucn.org/
• https://au.int/
• https://www.wiomsa.org/
• https://www.gktoday.in/gk/indian-ocean-commission/
• https://www.nairobiconvention.org/nairobi-convention-projects/implementation-of-the-strategic-action-programme-for-the-protection-of-the-western-indian-ocean-from-land-based-sources-and-activities-wiosap/
• https://nairobiconvention.org/CHM%20Documents/WIO-Lab%20Outputs/TDA%20and%20SAP/WIO-LaB%20SAP.pdf
• https://www.nairobiconvention.org/nairobi-convention-projects/implementation-of-the-strategic-action-programme-for-the-protection-of-the-western-indian-ocean-from-land-based-sources-and-activities-wiosap/progress/
• https://www.nairobiconvention.org/nairobi-convention-projects/implementation-of-the-strategic-action-programme-for-the-protection-of-the-western-indian-ocean-from-land-based-sources-and-activities-wiosap/progress/

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