INTERNATIONAL COURT OF JUSTICE
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5 FEBRUARY 2016

CASE CONCERNING

MARITIME DELIMITATION IN THE INDIAN OCEAN

SOMALIA

v.

KENYA

WRITTEN STATEMENT OF SOMALIA

CONCERNING THE PRELIMINARY

OBJECTIONS OF KENYA

VOLUME II

ANNEXES

VOLUME II

EXHIBITS

TREATIES & AGREEMENTS

Annex 1 Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 332

(23 May, 1969), entered into force 27 Jan. 1980

Annex 2 Memorandum of Understanding between the Members of

the African Union on Security, Stability, Development and

Cooperation in Durban, South Africa (July 2002), reprinted

in Africa, From Barriers to Bridges: Collection of

Official Texts on African Borders from 1963 to 2012

(2013)

SOMALI GOVERNMENT DOCUMENTS

Annex 3 Transitional Federal Government of Somalia, The Transitional

Federal Charter of the Somali Republic (Feb. 2004)

Annex 4 M. Al-Sharmani and M. Omar, Representatives of the Ministry

of Foreign Affairs of the Federal Republic of Somalia, Report

to the File of the Meeting between the Federal Republic of

Somalia and the Republic of Kenya On Maritime Boundary

Dispute, Nairobi, Kenya, 28-29 July 2014 (5 Aug. 2014)

KENYAN GOVERNMENT DOCUMENTS

Annex 5 National Oil Corporation of Kenya, “Expression of Interest for

Provision of a 3D Multi-Client Broadband Seismic Offshore

Survey in the Shallow Waters of the Lamu Offshore Basin”,

NOCK/PRC/03(1057) (25 Sept. 2015)

UNITED NATIONS AND OTHER INTERNATIONAL

ORGANISATION DOCUMENTS

Annex 6 U.N. International Law Commission, “Draft Articles on the

Law of Treaties” in Yearbook of the International Law

Commission 1966, Vol. II, Part II

Annex 7 U.N. Convention on the Law of the Sea, Eleventh Meeting of

States Parties, Decision regarding the date of commencement

of the ten-year period for making submissions to the

Commission on the Limits of the Continental Shelf set out in

article 4 of Annex II to the U.N. Convention on the Law of the

Sea, U.N. Doc. SPLOS/72 (29 May 2001)

Annex 8 U.N. Security Council, Resolution 1744 (2007): Adopted by

the Security Council at its 5633rd meeting, on 20 February

2007, U.N. Doc. S/RES/1744 (21 Feb. 2007)

Annex 9 African Union Border Programme, Declaration on the African

Union Border Programme and its Implementation Modalities

as Adopted by the Conference of African Ministers in Charge

of Border Issues held in Addis Ababa, Ethiopia (7 June 2007)

Annex 10 U.N. General Assembly, Sixty-Fourth Session, Thirtieth

Plenary Meeting, Agenda Item 72: Report of the International

Court of Justice, U.N. Doc. A/64/PV.30 (29 Oct. 2009)

Annex 11 African Union, Second Conference of African Ministers

in Charge of Border Issues, Preparatory Meeting of

Governmental Experts, Addis Ababa, Ethiopia, AUBP/EXP_

MIN/2 Concept Note (22-25 Mar. 2010)

Annex 12 U.N. General Assembly, Sixty-Sixth Session, Report of the

International Law Commission on the work of its sixty-third

session (26 April-3 June and 4 July-12 August 2011), U.N.

Doc. A/66/10/Add.1 (2011)

Annex 13 African Union Border Programme, Third Declaration on

the African Union Border Programme Adopted by the Third

Conference of African Ministers in Charge of Border Issues,

Niamey, Niger, AUBP/EXP-MIN/7 (17 May 2012), reprinted

in Africa, From Barriers to Bridges: Collection of

Official Texts on African Borders from 1963 to 2012

(2013)

Annex 14 U.N. Commission on the Limits of the Continental Shelf,

Progress of work in the Commission on the Limits of the

Continental Shelf: Statement by the Chair, U.N. Doc. CLCS/90

(1 Oct. 2015)

Annex 15 U.N. Peacekeeping, “U.N. Operation in Somalia I (UNOSOM

I)”, available at http://www.un.org/en/peacekeeping/missions/

past/unosomi.htm (last accessed 11 Jan. 2016)

Annex 16 U.N. Peacekeeping, “U.N. Operation in Somalia II (UNOSOM

II)”, available at http://www.un.org/en/peacekeeping/missions/

past/unosom2.htm (last accessed 11 Jan. 2016)

Annex 17 U.N. Peace Operations, “UNSOM United Nations Assistance

Mission in Somalia”, available at https://unsom.unmissions.

org/ (last accessed 11 Jan. 2016)

Annex 18 U.N. Commission on the Limits of the Continental Shelf

“Membership of the Commission”, available at http://www.

un.org/Depts/los/clcs_new/commission_members_1997_2012.

htm (last accessed 11 Jan. 2016)

DIPLOMATIC AND OTHER GOVERNMENT

CORRESPONDENCE

Annex 19 Email from Amb. Hans Wilhelm Longva to Hon. Prof.

Abdirahman Haji Adan Ibbi, Deputy Prime Minister and

Minister of Fisheries and Marine Resources of Somalia (27

Mar. 2009)

Annex 20 Email from Amb. Hans Wilhelm Longva to Hon. Prof.

Abdirahman Haji Adan Ibbi, Deputy Prime Minister and

Minister of Fisheries and Marine Resources of Somalia (3 Apr.

2009)

Annex 21 Email from Hon. Prof. Abdirahman Haji Adan Ibbi to Hon.

Abdurahman Abdishakur Warsame, Minister of Planning and

International Cooperation of Somalia (7 Apr. 2009)

Annex 22 Note Verbale from H.E. Omar Abdirashid Ali Sharmarke,

Prime Minister of the Transitional Federal Government of the

Somali Republic, to H.E. Ban Ki-Moon, Secretary-General of

the United Nations, No. XRW/0065/06/09 (8 Apr. 2009)

Annex 23 Note Verbale from the Ministry of Foreign Affairs and

International Trade of the Republic of Kenya to the Embassy

of the Federal Republic of Somalia in Nairobi, No. MFA.

PROT/7/8/1 (7 Mar. 2014)

Annex 24 Note Verbale from the Ministry of Foreign Affairs and

International Trade of the Republic of Kenya to the Ministry

of Foreign Affairs & Investment Cooperation of the Federal

Republic of Somalia, No. MFA/REL/13/21A (24 July 2014)

ACADEMIC ARTICLES, BOOKS, AND SPEECHES

Annex 25 M. H. Nordquist, S. Nandan, & S. Rosenne (eds.), United

Nations Convention on the Law of the Sea 1982, A

Commentary, Vol. V (1989)

Annex 26 H. Owada, Introductory Remarks at the Seminar on the

Contentious Jurisdiction of the International Court of Justice

(26 Oct. 2010)

Annex 27 P. Chandrasekhara Rao, “Law of the Sea, Settlement of

Disputes”, Max Planck Encyclopedia of Public International

Law (last updated Mar. 2011)

Annex 28 C. Lathrop, “Continental Shelf Delimitation Beyond 200

Nautical Miles: Approaches Taken by Coastal States before

the Commission on the Limits of the Continental Shelf” in

International Maritime Boundaries (D.A. Colson & R.W.

Smith eds., 2011)

NEWSPAPER & MEDIA REPORTS

Annex 29 C. Majtenyi, “Somali President in Capital for Consultations”,

VOA (8 Jan. 2007)

Annex 30 E. Mutai, “Kenya, Somalia border row targeted in Sh5.6bn

mapping plan”, Business Daily (20 Apr. 2014)

Annex 31 “U.N. Secretary Council makes historic visit to Somalia”,

Dhanaanmedia.com (13 Aug. 2014)

Annex 32 “IGAD Foreign Affairs Ministers Arrive in Mogadishu”,

AMISOM (10 Jan. 2015)

Annex 33 “Speaker of the Somali Parliament receives parliamentary

delegation from Kenya”, Radio Muqdisho (3 Feb. 2015)

Annex 1

Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 332 (23 May, 1969), entered into

force 27 Jan. 1980

Annex 1

No. 18232

MULTILATERAL

Vienna Convention on the law of treaties (with annex).

Concluded at Vienna on 23 May 1969

Authentic texts: English, French, Chinese, Russian and Spanish.

Registered ex officio on 27 January 1980.

MULTILATERAL

Convention de Vi~nne sur le droit des traites (avec annexe).

Conclue a Vienne le 23 mai 1969

Textes authentiques : anglais, franrais, chinois, russe et espagnol.

Enregistree d'ojjice le 27 Janvier 1980.

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332 United Nations - Treaty Series • Nations Unies - Recueil des Traites 1980

VIENNA CONVENTION 1 ON THE LAW OF TREATIES

The States Parties to the present Convention,

Considering the fundamental role of treaties in the history of international relations,

Recognizing the ever-increasing importance of treaties as a source of international

Jaw and as a means of developing peaceful co-operation among nations,

whatever their constitutional and social systems,

Noting that the principles of free consent and of good faith and the pacta sunt

servanda rule are universally recognized,

Affirming that disputes concerning treaties, like other international disputes,

should be settled by peaceful means and in conformity with the principles of justice

and international law,

Recalling the determination of the peoples of the United Nations to establish

conditions under which justice and respect for the obligations arising from treaties

can be maintained,

Having in mind the principles of international Jaw embodied in the Charter of

the United Nations, such as the principles of the equal rights and self-determination

of peoples, of the sovereign equality and independence of all States, of noninterference

in the domestic affairs of States, of the prohibition of the threat or use of

force and of universal respect for, and observance of, human rights and fundamental

freedoms for all,

I Came into force on 27 January 1980, i.e., on the thirtieth day following the date of deposit of the thirty-fifth instrument

of ratification or accession with the Secretary-General of the United Nations, in accordance with article 84 (1):

Date of deposit Dute of deposit

of the instrument of of the instrument of

State ratification or accession (a) State ratification or accession (a)

Argentina• ....... \,. . . . . . . . . . 5 December 1972 Morocco• ... . V.. • . . • . . . . . . . . 26 September 1972

Australia ... v.. . . . . . . . . . . . . . 13 June 1974 a Nauru .. 4.., • • • • • • • • • • • • • • • • • • 5 May 1978 a

Austria ..... v.............. 30 April 1979 a New Zealand .... V........... 4 August 1971

Barbados .. !<'... ... . . . . . . . . . . 24 June 1971 Niger ..•....... Y........... 27 October 1971 a Canada* ..•... 1,(............ 14 October 1970 a Nigeria ... V::................ 31 July 1%9

Central African Republic . V... 10 December 1971 a Paraguay ..... . 1.::.......... 3 February 1972 a

Cyprus .• :II'................. 28 December 1976 a Philippines ...... A./;........ 15 November 1972

Denmark ....... .y. . . . . . . . . I June 1976 Republic of Korea ... . k'. . . . . . . 27 April 1977

Finland* ...... y;............ 19 August 1977 Spain ...... . 1,.·:............. 16 May 1972 a Greece .... v:............... 30 October 1974. a Sweden .. v:................. 4 February 1975

Holy See .. . •i................ 25 February 1977 Syrian Arab Republic* .. .v..... 2 October 1970 a

Honduras ....•. V.:........... 20 September 1979 ~:~fsi~".:: i,;~:::::::::::::: 28 December 1979 a

~~:aic~ .. ::: :~./::::::::::::: ~ ~~\~ :~;6 United Kingdom of Great Britain

23

June

1971 a

Kuwait* ...... \r............. 11 November 1975 a and Northern Ireland* ... \,.. 25 June 1971

Lesotho ...... ~............ 3 March 1972 a United Republic of Tanzania• V, 12 April 1976 a

Mauritius ........ '<:. . . . . . . . . . 18 January 1973 a Yugoslavia ._. 1,.<~. • • • • . . • • • . . . 27 August 1970

Mexico .... .'/.............. 25 September 1974 Zaire ... .,<.................. 25 July 1977 a

Subsequently, the Convention came into force for the following State on the thirtieth day following the date of

deposit of its instrument of ratification or accession with the Secretary-General of the United Nations, in accordance with

article 84 (2):

Siute

Rwanda .......................................................... .

(With effect from 2 February 1980.)

Dute of deposit of the

instrument of accession (a)

3 January 1980 a

• For the texts of the reservations and declarations made upon ratification or accession, seep. 501 of this volume.

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Annex 1

1980 United Nations - Treaty Series • Nations Unies - Recueil des Traites 333

Believing that the codification and progressive development of the law of

treaties achieved in the present Convention will promote the purposes of the United

Nations set forth in the Charter, namely, the maintenance of international peace and

security, the development of friendly relations and the achievement of co-operation

among nations,

Affirming that the rules of customary international law will continue to govern

questions not regulated by the provisions of the present Convention,

Have agreed as follows:

PART r. INTRODUCTION

Article 1. SCOPE OF THE PRESENT CONVENTION

The present Convention applies to treaties between States.

Article 2. UsE OF TERMS

1. For the purposes of the present Convention:

(a) "Treaty" means an international agreement concluded between States in

written form and governed by international law, whether embodied in a single instrument

or in two or more related instruments and whatever its particular designation;

(b) "Ratification", "acceptance", "approval" and "accession" mean in each

case the international act so named whereby a State establishes on the international

plane its consent to be bound by a treaty;

(c) "Full powers" means a document emanating from the competent authority

of a State designating a person or persons to represent the State for negotiating,

adopting or authenticating the text of a treaty, for expressing the consent of the State

to be bound by a treaty, or for accomplishing any other act with respect to a treaty;

(d) "Reservation" means a unilateral statement, however phrased or named,

made by a State, when signing, ratifying, accepting, approving or acceding to a treaty,

whereby it purports to exclude or to modify the legal effect of certain provisions of

the treaty in their application to that State;

(e) "Negotiating State" means a State which took part in the drawing up and

adoption of the text of t~e treaty;

(j) "Contracting State" means a State which has consented to be bound by the

treaty, whether or not th~ treaty has entered into force;

(g) "Party" means a State which has consented to be bound by the treaty and

for which the treaty is in force; ·

(h) "Third State" means a State not a party to the treaty;

(i) "International organization" means an intergovernmental organization.

2. The provisions of paragraph 1 regarding the use of terms in the present

Convention are without prejudice to the use of those terms or to the meanings which

may be given to them in the internal law of any State.

Article 3. INTERNATIONAL AGREEM!::NTS NOT WITHIN THI:: SCOPE

OF THE PRESENT CONVENTION

The fact that the present Convention does not apply to international agreements

concluded between States and other subjects of international law or between such

other subjects of international law, or to international agreements not in written

form, shall not affect:

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334 United Nations - Treaty Series • Nations Unies - Recueil des Traites 1980

(a) The legal force of such agreements;

(b) The application to them of any of the rules set forth in the present Convention

to which they would be subject under international law independently of the

Convention;

(c) The application of the Convention to the relations of States as between themselves

under international agreements to which other subjects of international

law are also parties.

Article 4. NoN-RETROACTIVITY OF THE PRESENT CONVENTION

Without prejudice to the application of any rules set forth in the present Convention

to which treaties would be subject under international law independently of

the Convention, the Convention applies only to treaties which are concluded by

States after the entry into force of the present Convention with regard to such States.

Article 5. TREATIES CONSTITUTING INTERNATIONAL ORGANIZATIONS

AND TREATIES ADOPTED WITHIN AN INTERNATIONAL ORGANIZATION

The present Convention applies to any treaty which is the constituent instrument

of an international organization and to any treaty adopted within an international

organization without prejudice to any relevant rules of the organization.

PART n. CONCLUSION AND ENTRY INTO FORCE OF TREATIES

SECTION I. CONCLUSION OF TREATIES

Article 6. CAPACITY OF STATES TO CONCLUDE TREATIES

Every State possesses capacity to conclude treaties.

Article 7. FULL POWERS

1. A person is considered as representing a State for the purpose of adopting

or authenticating the text of a treaty or for the purpose of expressing the consent of

the State to be bound by a treaty if:

(a) He produces appropriate full powers; or

(b) It appears from the practice of the States concerned or from other circumstances

that their intention was to consider that person as representing the

State for such purposes and to dispense with full powers.

2. In virtue of their functions and without having to produce full powers, the

following are considered as representing their State:

(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for

the purpose of performing all acts relating to the conclusion of a treaty;

(b) Heads of diplomatic missions, for the purpose of adopting the text of a treaty

between the accrediting State and the State to which they are accredited;

(c) Representatives accredited by States to an international conference or to an international

organization or one of its organs, for the purpose of adopting the

text of a treaty in that conference, organization or organ.

Article 8. SUBSEQUENT CONFIRMATION OF AN ACT

PERFORMED WITHOUT AUTHORIZATION

An act relating to the conclusion of a treaty performed by a person who cannot

be considered under article 7 as authorized to represent a State for that purpose is

without legal effect unless afterwards confirmed by that State.

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1980 United Nations - Treaty Serles • Nations Unies - Recueil des Traites 335

Article 9. ADOPTION OF THE TEXT

1. The adoption of the text of a treaty ta]<es place by the consent of all the

States participating in its drawing up except as provided in paragraph 2.

2. The adoption of the text of a treaty at an international conference takes

place by the vote of two. thirds of the States present and voting, unless by the same

majority they shall decide to apply a different rule.

Article JO. AUTHENTICATION OF THE TEXT

The text of a treaty is established as authentic and definitive:

(a) By such procedure as may be provided for in the text or agreed upon by the

States participating in its drawing up; or

(b) Failing such procedure, by the signature, signature ad referendum or initialling

by the representatives of those States of the text of the treaty or of the Final Act

of a conference incorporating the text.

Article II. MEANS OF EXPRESSING CONSENT TO BE BOUND BY A TREATY

The consent of a State to be bound by a treaty may be expressed by signature,

exchange of instruments constituting a treaty, ratification, acceptance, approval or

accession, or by any other means if so agreed.

Article 12. CONSENT TO BE BOUND BY A TREATY EXPRESSED BY SIGNATURE

1. The consent of a State to be bound by a treaty is expressed by the signature

of its representative when:

(a) The treaty provides that signature shall have that effect;

(b) It is otherwise established that the negotiating States were agreed that signature

should have that effect; or

(c) The intention of the State to give that effect to the signature appears from the

full powers of its representative or was expressed during the negotiation.

2. For the purposes of paragraph 1:

(a) The initialling of a text constitutes a signature of the treaty when it is established

that the negotiating States so agreed;

(b) The signature ad referendum of a treaty by a representative, if confirmed by his

State, constitutes a full signature of the treaty.

Article 13. CONSENT TO BE BOUND BY A TR"ATY EXPRESSED

BY AN EXCHANGE OF INSTRUMENTS CONSTITUTING A TREATY

The consent of States to be bound by a treaty constituted by instruments exchanged

between them is expressed by that exchange when:

(a) The instruments provide that their exchange shall have that effect; or

(b) It is otherwise established that those States were agreed that the exchange of instruments

shall have that effect.

Article 14. CONSENT TO BE BOUND BY A TREATY EXPRESSED

BY RATIFICATION, ACCEPTANCE OR APPROVAL

1. The consent of a State to be bound by a treaty is expressed by ratification

when:

(a) The treaty provides for such consent to be expressed by means of ratification;

(b) It is otherwise established that the negotiating States were agreed that ratification

should be required;

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336 United Nations - Treaty Series • Nations Unles - Recueil des Traites 1980

(c) The representative of the State has signed the treaty subject to ratification; or

(d) The intention of the State to sign the treaty subject to ratification appears from

the full powers of its representative or was expressed during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by acceptance or

approval under conditions similar to those which apply to ratification.

Article 15. CONSENT TO BE BOUND BY A TREATY EXPRESSED BY ACCESSION

The consent of a State to be bound by a treaty is expressed by accession when:

(a) The treaty provides that such consent may be expressed by that State by means

of accession;

(b) It is otherwise established that the negotiating States were agreed that such consent

may be expressed by that State by means of accession; or

(c) All the parties have subsequently agreed that such consent may be expressed by

that State by means of accession.

Article 16. EXCHANGE OR DEPOSIT OF INSTRUMENTS OF RATIFICATION,

ACCEPTANCE, APPROVAL OR ACCESSION

Unless the treaty otherwise provides, instruments of ratification, acceptance,

approval or accession establish the consent of a State to be bound by a treaty upon:

(a) Their exchange between the contracting States;

(b) Their deposit with the depositary; or

(c) Their notification to the contracting States or to the depositary, if so agreed.

Article 17. CONSENT TO BE BOUND BY PART OF A TREATY

AND CHOICE OF DIFFERING PROVISIONS

1. Without prejudice to articles 19 to 23, the consent of a State to be bound by

part of a treaty is effective only if the treaty so permits or the other contracting States

so agree.

2. The consent of a State to be bound by a treaty which permits a choice between

differing provisions is effective only if it is made clear to which of the provisions

the consent relates.

Article 18. OBLIGATION NOT TO DEFEAT THE OBJECT AND PURPOSE

OF A TREATY PRIOR TO ITS ENTRY INTO FORCE

A State is obliged to refrain from acts which would defeat the object and purpose

of a treaty when:

(a) It has signed the treaty or has exchanged instruments constituting the treaty

subject to ratification, acceptance or approval, until it shall have made its intention

clear not to become a party to the treaty; or

(b) It has expressed its consent to be bound by the treaty, pending the entry into

force of the treaty and provided that such entry into force is not unduly

delayed.

SECTlON 2. RESERVATIONS

Article 19. FORMULATION OF RESERVATIONS

A State may, when signing, ratifying, accepting, approving or acceding to a

treaty, formulate a reservation unless:

(a) The reservation is prohibited by the treaty;

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1980 United Nations - Treaty Series • Nations Unies - Recuell des Traites 337

(b) The treaty provides that only specified reservations, which do not include the

reservation in question, may be made; or

(c) In cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible

with the object and purpose of the treaty.

Article 20. ACCEPTANCE OF AND OBJECTION TO RESERVATIONS

1. A reservation expressly authorized by a treaty does not require any subsequent

acceptance by the other contracting States unless the treaty so provides.

2. When it appears from the limited number of the negotiating States and the

object and purpose of a treaty that the application of the treaty in its entirety between

all the parties is an essential condition of the consent of each one to be bound

by the treaty, a reservation requires acceptance by all the parties.

3. When a treaty is a constituent instrument of an international organization

and unless it otherwise provides, a reservation requires the acceptance of the competent

organ of that organization.

4. In cases not falling under the preceding paragraphs and unless the treaty

otherwise provides:

(a) Acceptance by another contracting State of a reservation constitutes the reserving

State a party to the treaty in relation to that other State if or when the treaty

is in force for those States;

(b) An objection by another contracting State to a reservation does not preclude

the entry into force of the treaty as between the objecting and reserving States

unless a contrary intention is definitely expressed by the objecting State;

(c) An act expressing a State's consent to be bound by the treaty and containing a

reservation is effective as soon as at least one other conti:acting State has accepted

the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides,

a reservation is considered to have been accepted by a State if it shall have raised

no objection to the reservation by the end of a period of twelve months after it was

notified of the reservation or by the date on which it expressed its consent to be

bound by the treaty, whichever is later.

Article 21. LEGAL EFFECTS OF RESERVATIONS

AND OF OBJECTIONS TO RESERVATIONS

1. A reservation established with regard to another party in accordance with

articles 19, 20 and 23:

(a) Modifies for the reserving State in its relations with that other party the provisions

of the treaty to which the reservation relates to the extent of the reservation;

and

(b) Modifies those provisions to the same extent for that other party in its relations

with the reserving State.

2. The reservation does not modify the provisions of the treaty for the other

parties to the treaty inter se.

3. When a State objecting to a reservation has not opposed the entry into force

of the treaty between itself and the reserving State, the provisions to which the reservation

relates do not apply as between the two States to the extent of the reservation.

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Article 22. WITHDRAWAL OF RESERVATIONS

AND OF OBJECTIONS TO RESERVATIONS

1980

1. Unless the treaty otherwise provides, a reservation may be withdrawn at any

time and the consent of a State which has accepted the reservation is not required for

its withdrawal.

2. Unless the treaty otherwise provides, an objection to a reservation may be

withdrawn at any time.

3. Unless the treaty otherwise provides, or it is otherwise agreed:

(a) The withdrawal of a reservation becomes operative in relation to another contracting

State only when notice of it has been received by that State;

(b) The withdrawal of an objection to a reservation becomes operative only when

notice of it has been received by the State which formulated the reservation.

Article 23. PROCEDURE REGARDING RESERVATIONS

1. A reservation, an express acceptance of a reservation and an objection to a

reservation must be formulated in writing and communicated to the contracting

States and other States entitled to become parties to the treaty.

2. If formulated when signing the treaty subject to ratification, acceptance or

approval, a reservation must be formally confirmed by the reserving State when expressing

its consent to be bound by the treaty. In such a case the reservation shall be

considered as having been made on the date of its confirmation.

3. An express acceptance of, or an objection to, a reservation made previously

to confirmation of the reservation does not itself require confirmation.

4. The withdrawal of a reservation or of an objection to a reservation must be

formulated in writing.

SECTION 3. ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES

Article 24. ENTRY INTO FORCE

1. A treaty enters into force in such manner and upon such date as it may provide

or as the negotiating States may agree.

2. Failing any such provision or agreement, a treaty enters into force as soon

as consent to be bound by the treaty has been established for all the negotiating

States.

3. When the consent of a State to be bound by a treaty is established on a date

after the treaty has come into force, the treaty enters into force for that State on that

date, unless the treaty otherwise provides.

4. The provisions of a treaty regulating the authentication of its text, the

establishment of the consent of States to be bound by the treaty, the manner or date

of its entry into force, reservations, the functions of the depositary and other matters

arising necessarily before the entry into force of the treaty apply from the time of the

adoption of its text.

Article 25. PROVISIONAL APPLICATION

1. A treaty or a part of a treaty is applied provisionally pending its entry into

force if:

(a) The treaty itself so provides; or

(b) The negotiating States have in some other manner so agreed.

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2. Unless the treaty otherwise provides or the negotiating States have otherwise

agreed, the provisional application of a treaty or a part of a treaty with respect

to a State shall be terminated if that State notifies the other States between which the

treaty is being applied provisionally of its intention not to become a party to the treaty.

PART 111. OBSERVANCE, APPLICATION AND INTERPRETATION

OF TREATIES

SECTION I. OBSERVANCE OF TREATIES

Article 26. "PACTA SUNT SERVANDA"

Every treaty in force is binding upon the parties to it and must be performed by

them in good faith.

Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES

A party may not invoke the provisions of its internal law as justification for its

failure to perform a treaty. This rule is without prejudice to article 46.

SECTION 2. APPLICATION OF TREATIES

Article 28. NoN-RETROACTIVITY OF TREATIES

Unless a different intention appears from the treaty or is otherwise established,

its provisions do not bind a party in relation to any act or fact which took place or

any situation which ceased to exist before the date of the entry into force of the treaty

with respect to that party.

Article 29. TERRITORIAL SCOPE OF TREATIES

Unless a different intention appears from the treaty or is otherwise established, a

treaty is binding upon each party in respect of its entire territory.

Article 30. APPLICATION OF SUCCESSIVE TREATIES RELATING

TO THE SAME SUBJECT-MATTER

1. Subject to Article 103 of the Charter of the United Nations, the rights and

obligations of States parties to successive treaties relating to the same subject-matter

shall be determined in accordance with the following paragraphs.

2. When a treaty specifies that it is subject to, or that it is not to be considered

as incompatible with, an earlier or later treaty, the provisions of that other treaty

prevail.

3. When all the parties to the earlier treaty are parties also to the later treaty

but the earlier treaty is not terminated or suspended in operation under article 59, the

earlier treaty applies only to the extent that its provisions are compatible with those

of the later treaty.

4. When the parties to the later treaty do not include all the parties to the

earlier one:

(a) As between States parties to both treaties the same rule applies as in paragraph 3;

(b) As between a State party to both treaties and a State party to only one of the

treaties, the treaty to which both States are parties governs their mutual rights

and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any question of the termination

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tion of responsibility which may arise for a State from the conclusion or application

of a treaty the provisions of which are incompatible with its obligations towards

another State under another treaty.

SECTION 3. INTERPRETATION OF TREATIES

Article 31. GENERAL RULE OF INTERPRETATION

1. A treaty shall be interpreted in good faith in accordance with the ordinary

meaning to be given to the terms of the treaty in their context and in the light of its

object and purpose.

2. The context for the purpose of the interpretation of a treaty shall comprise,

in addition to the text, including its preamble and annexes:

(a) Any agreement relating to the treaty which was made between all the parties in

connexion with the conclusion of the treaty;

(b) Any instrument which was made by one or more parties in connexion with the

conclusion of the treaty and accepted by the other parties as an instrument

related to the treaty.

3. There shall be taken into account, together with the context:

(a) Any subsequent agreement between the parties regarding the interpretation of

the treaty or the application of its provisions;

(b) Any subsequent practice in the application of the treaty which establishes the

agreement of the parties regarding its interpretation;

(c) Any relevant rules of international law applicable in the relations between the

parties.

4. A special meaning shall be given to a term if it is established that the parties

so intended.

Article 32. SUPPLEMENTARY MEANS OF INTERPRETATION

Recourse may be had to supplementary means of interpretation, including the

preparatory work of the treaty and the circumstances of its conclusion, in order to

confirm the meaning resulting from the application of article 31, or to determine the

meaning when the interpretation according to article 31:

(a) Leaves the meaning ambiguous or obscure; or

(b) Leads to a result which is manifestly absurd or unreasonable.

Article 33. INTERPRETATION OF TREATIES AUTHENTICATED

IN TWO OR MORE LANGUAGES

1. When a treaty has been authenticated in two or more languages, the text is

equally authoritative in each language, unless the treaty provides or the parties agree

that, in case of divergence, a particular text shall prevail.

2. A version of the treaty in a language other than one of those in which the

text was authenticated shall be considered an authentic text only if the treaty so provides

or the parties so agree.

3. The terms of the treaty are presumed to have the same meaning in each

authentic text.

4. Except where a particular text prevails in accordance with paragraph 1,

when a comparison of the authentic texts discloses a difference of meaning which the

application of articles 31 and 32 does not remove, the meaning which best reconciles

the texts, having regard to the object and purpose of the treaty, shall be adopted.

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SECTION 4. TREATIES AND THIRD STATES

Article 34. GENERAL RULE REGARDING THIRD STATES

A treaty does not create either obligations or rights for a third State without its

consent.

Article 35. TREATIES PROVIDING FOR OBLIGATIONS FOR THIRD STATES

An obligation arises for a third State from a provision of a treaty if the parties to

the treaty intend the provision to be the means of establishing the obligation and the

third State expressly accepts that obligation in writing.

Article 36. TREATIES PROVIDING FOR RIGHTS FOR THI.RD STATES

I. A right arises for a third State from a provision of a treaty if the parties to

the treaty intend the provision to accord that right either to the third State, or to a

group of States to which it belongs, or to all States, and the third State assents

thereto. Its assent shall be presumed so long as the contrary is not indicated, unless

the treaty otherwise provides.

2. A State exercising a right in accordance with paragraph 1 shall comply with

the conditions for its exercise provided for in the treaty or established in conformity

with the treaty.

Article 37. REVOCATION OR MODIFICATION OF OBLIGATIONS

OR RIGHTS OF THIRD STATES

I. When an obligation has arisen for a third State in conformity with article

35, the obligation may be revoked or modified only with the consent of the parties

to the treaty and of the third State, unless it is established that they had otherwise

agreed.

2. When a right has arisen for a third State in conformity with article 36, the

right may not be revoked or modified by the parties if it is established that the right

was intended not to be revocable or subject to modification without the consent of

the third State.

Article 38. RULES IN A TREATY BECOMING BINDING ON THIRD STATES

THROUGH INTERNATIONAL CUSTOM

Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming

binding upon a third State as a customary rule of international law, recognized as

such.

PART 1v. AMENDMENT AND MODIFICATION OF TREATIES

Article 39. GENERAL RULE REGARDING THE AMENDMENT OF TREATIES

A treaty may be amended by agreement between the parties. The rules laid down

in Part II apply to such an agreement except in so far as the treaty may otherwise provide.

Article 40. AMENDMENT OF MULTILATERAL TREATIES

I. Unless the treaty otherwise provides, the amendment of multilateral treaties

shall be governed by the following paragraphs.

2. Any proposal to amend a multilateral treaty as between all the parties must

be notified to all the contracting States, each one of which shall have the right to take

part in:

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(a) The decision as to the action to be taken in regara to sul.'.n proposal;

(b) The negotiation and conclusion of any agreement for the amendment of the

treaty.

3. Every State entitled to become a party to the treaty shall also be entitled to

become a party to the treaty as amended.

4. The amending agreement does not bind any State already a party to the treaty

which does not become a party to the amending agreement; article 30, paragraph 4(b),

applies in relation to such State.

5. Any State which becomes a party to the treaty after the entry into force of

the amending agreement shall, failing an expression of a different intention by that

State:

(a) be considered as a party to the treaty as amended; and

(b) be considered as a party to the unamended treaty in relation to any party to the

treaty not bound by the amending agreement.

Article 41. AGREEMENTS TO MODIFY MULTILATERAL TREATIES

BETWEEN CERTAIN OF THE PARTIES ONLY

1. Two or more of the parties to a multilateral treaty may conclude an agreement

to modify the treaty as between themselves alone if:

(a) The possibility of such a modification is provided for by the treaty; or

(b) The modification in question is not prohibited by the treaty and:

(i) Does not affect the enjoyment by the other parties of their rights under the

treaty or the performance of their obligations;

(ii) Does not relate to a provision, derogation from which is incompatible

with the effective execution of the object and purpose of the treaty as a

whole.

2. Unless in a case falling under paragraph l(a) the treaty otherwise provides,

the parties in question shall notify the other parties of their intention to conclude the

agreement and of the modification to the treaty for which it provides.

PART v. INVALIDITY, TERMINATION AND SUSPENSION

OF THE OPERATION OF TREATIES

SECTION !. GENERAL PROVISIONS

Article 42. VALIDITY AND CONTINUANCE IN FORCE OF TREATIES

1. The validity of a treaty or of the consent of a State to be bound by a treaty

may be impeached only through the application of the present Convention.

2. The termination of a treaty, its denunciation or the withdrawal of a party,

may take place only as a result of the application of the provisions of the treaty or of

the present Convention. The same rule applies to suspension of the operation of a

treaty.

Article 43. OBLIGATIONS IMPOSED BY INTERNATIONAL LAW

INDEPENDENTLY OF A TREATY

The invalidity, termination or denunciation of a treaty, the withdrawal of a party

from it, or the suspension of its operation, as a result of the application of the present

Convention or of the provisions of the treaty, shall not in any way impair the duty of

any State to fulfil any obligation embodied in the treaty to which it would be subject

under international law independently of the treaty.

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Article 44. SEPARABILITY OF TREATY PROVISIONS

1. A right of a party, provided for in a treaty or arising under article 56, to denounce,

withdraw from or suspend the operation of the treaty may be exercised only

with respect to the whole treaty unless the treaty otherwise provides or the parties

otherwise agree.

2. A ground for invalidating, terminating, withdrawing from or suspending

the operation of a treaty recognized in the present Convention may be invoked only

with respect to the whole treaty except as provided in the following paragraphs or in

article 60.

3. If the ground relates solely to particular clauses, it may be invoked only with

respect to those clauses where:

(a) The said clauses are separable from the remainder of the treaty with regard to

their application;

(b) It appears from the treaty or is otherwise established that acceptance of those

clauses was not an essential basis of the consent of the other party or parties to

be bound by the treaty as a whole; and

(c) Continued performance of the remainder of the treaty would not be unjust.

4. In cases falling under articles 49 and 50 the State entitled to invoke the fraud

or corruption may do so with respect either to the whole treaty or, subject to

paragraph 3, to the particular clauses alone.

5. In cases falling under articles 51, 52 and 53, no separation of the provisions

of the treaty is permitted.

Article 45. Loss OF A RIGHT TO INVOKE A GROUND FOR INVALIDATING,

TERMINATING, WITHDRAWING FROM OR SUSPENDING THE OPERATION OF A TREATY

A State may no longer invoke a ground for invalidating, terminating, withdrawing

from or suspending the operation of a treaty under articles 46 to 50 or articles

60 and 62 if, after becoming aware of the facts:

(a) It shall have expressly agreed that the treaty is valid or remains in force or continues

in operation, as the case may be; or

(b) It must by reason of its conduct be considered as having acquiesced in the validity

of the treaty or in its maintenance in force or in operation, as the case may be.

SECTION 2,INVALIDITY OF TREATIES

Article 46. PROVISIONS OF INTERNAL LA w REGARDING

COMPETENCE TO CONCLUDE TREATIES

1. A State may not invoke the fact that its consent to be bound by a treaty has

been expressed in violation of a provision of its internal law regarding competence to

conclude treaties as invalidating its consent unless that violation was manifest and

concerned a rule of its internal law of fundamental importance.

2. A violation is manifest if it would be objectively evident to any State conducting

itself in the matter in accordance with normal practice and in good faith.

Article 47. SPECIFIC RESTRICTIONS ON AUTHORITY TO EXPRESS

THE CONSENT OF A ST A TE

If the authority of a representative to express the consent of a State to be bound

by a particular treaty has been made subject to a specific restriction, his omission to

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observe that restriction may not be invoked as invalidating the consent expressed by

him unless the restriction was notified to the other negotiating States prior to his expressing

such consent.

Article 48. ERROR

1. A State may invoke an error in a treaty as invalidating its consent to be

bound by the treaty if the error relates to a fact or situation which was assumed by

that State to exist at the time when the treaty was concluded and formed an essential

basis of its consent to be bound by the treaty.

2. Paragraph 1 shall not apply if the State in question contributed by its own

conduct to the error or if the circumstances were such as to put that State on notice of

a possible error.

3. An error relating only to the wording of the text of a treaty does not affect

its validity; article 79 then applies.

Article 49. FRAUD

If a State has been induced to conclude a treaty by the fraudulent conduct of

another negotiating State, the State may invoke the fraud as invalidating its consent

to be bound by the treaty.

Article 50. CORRUPTION OF A REPRESENTATIVE OF A STATE

If the expression of a State's consent to be bound by a treaty has been procured

through the corruption of its representative directly or indirectly by another

negotiating State, the State may invoke such corruption as invalidating its consent to

be bound by the treaty.

Article 51. COERCION OF A REPRESENTATIVE OF A STATE

The expression of a State's consent to be bound by a treaty which has been procured

by the coercion of its representative through acts or threats directed against

him shall be without any legal effect.

Article 52. COERCION OF A STATE BY THE THREAT OR USE OF FORCE

A treaty is void if its conclusion has been procured by the threat or use of force

in violation of the principles of international law embodied in the Charter of the

United Nations.

Article 53. TREATIES CONFLICTING WITH A PEREMPTORY NORM

OF GENERAL INTERNATIONAL LAW ("JUS COGENS")

A treaty is void if, at the time of its conclusion, it conflicts with a peremptory

norm of general international law. For the purposes of the present Convention, a

peremptory norm of general international law is a norm accepted and recognized by

the international community of States as a whole as a norm from which no derogation

is permitted and which can be modified only by a subsequent norm of general international

law having the same character.

SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

Article 54. TERMINATION OF OR WITHDRAWAL FROM A TREATY

UNDER ITS PROVISIONS OR BY CONSENT OF THE PARTIES

The termination of a treaty or the withdrawal of a party may take place:

(a) In conformity with the provisions of the treaty; or

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(b) At any time by consent of all the parties after consultation with the other contracting

States.

Article 55. REDUCTION Of THE PARTIES TO A MULTILATERAL TREATY

BELOW THE. NUMBER NECESSARY FOR ITS ENTRY INTO FORCE

Unless the treaty otherwise provides, a multilateral treaty does not terminate by

reason only of the fact that the number of the parties falls below the number

necessary for its entry into force.

Article 56. D.E:NUNCIATION OF OR WITHDRAWAL FROM A TREATY CONTAINING

NO PROVISION REGARDING TERMINATION, DENUNCIATION OR WITHDRAWAL

1. A treaty which contains no provision regarding its termination and which

does not provide for denunciation or withdrawal is not subject to denunciation or

withdrawal unless:

(a) It is established that the parties intended to admit the possibility of denunciation

or withdrawal; or

(b) A right of denunciation or withdrawal may be implied by the nature of the treaty.

2. A party shall give not less than twelve months' notice of its intention to denounce

or withdraw from a treaty under paragraph I.

Article 57. SUSPENSION OF THE OPERATION OF A TREATY UNDER

ITS PROVISIONS OR BY CONSENT OF THE PARTIES

The operation of a treaty in regard to all the parties or to a particular party may

be suspended:

(a) In conformity with the provisions of the treaty; or

(b) At any time by consent of all the parties after consultation with the other contracting

States.

Article 58. SUSPENSION OF THE OPERATION OF A MULTILATERAL TREATY

BY AGREEMENT BETWEEN CERTAIN OF THE PARTIES ONLY

1. Two or more parties to a multilateral treaty may conclude an agreement to

suspend the operation of provisions of the treaty, temporarily and as between

themselves al.one, if:

(a) The possibility of such a suspension is provided for by the treaty; or

(b) The suspension in question is not prohibited by the treaty and:

(i) Does not affect the enjoyment by the other parties of their rights under the

treaty or the performance of their obligations;

(ii) ls not incompatible with the object and purpose of the treaty.

2. Unless in a case falling under paragraph l(a) the treaty otherwise provides,

the parties in question shall notify the other parties of their intention to conclude the

agreement and of those provisions of the treaty the operation of which they intend to

suspend.

Article 59. TERMINATION OR SUSPENSION OF THE OPERATION

OF A TREATY IMPLIED BY CONCLUSION OF A LATER TREATY

1. A treaty shall be considered as terminated if all the parties to it conclude a

later treaty relating to the same subject-matter and:

(a) It appears from the later treaty or is otherwise established that the parties intended

that the matter should be governed by that treaty; or

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(b) The provisions of the later treaty are so far incompatible with those of the

earlier one that the two treaties are not capable of being applied at the same

time.

2. The earlier treaty shall be considered as only suspended in operation if it appears

from the later treaty or is otherwise established that such was the intention of

the parties.

Article 60. TERMINATION OR SUSPENSION OF THE OPERATION

OF A TREATY AS A CONSEQUENCE OF ITS BREACH

1. A material breach of a bilateral treaty by one of the parties entitles the other

to invoke the breach as a ground for terminating the treaty or suspending its operation

in whole or in part.

2. A material breach of a multilateral treaty by one of the parties entitles:

(a) The other parties by unanimous agreement to suspend the operation of the

treaty in whole or in part or to terminate it either:

(i) In the relations between themselves and the defaulting State, or

(ii) As between all the parties;

(b) A party specially affected by the breach to invoke it as a ground for suspending

the operation of the treaty in whole or in part in the relations between itself and

the defaulting State;

(c) Any party other than the defaulting State to invoke the breach as a ground for

suspending the operation of the treaty in whole or in part with respect to itself if

the treaty is of such a character that a material breach of its provisions by one

party radically changes the position of every party with respect to the further

performance of its obligations under the treaty.

3. A material breach of a treaty, for the purposes of this article, consists in:

(a) A repudiation of the treaty not sanctioned by the present Convention; or

(b) The violation of a provision essential to the accomplishment of the object or

purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any provision in the

treaty applicable in the event of a breach.

5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the

human person contained in treaties of a humanitarian character, in particular to provisions

prohibiting any form of reprisals against persons protected by such treaties.

Article 61. SUPERVENING IMPOSSIBILITY OF PERFORMAt-.Cl:.

1. A party may invoke the impossibility of performing a treaty as a ground for

terminating or withdrawing from it if the impossibility results from the permanent

disappearance or destruction of an object indispensable for the execution of the treaty.

If the impossibility is temporary, it may be invoked only as a ground for suspending

the operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a ground for

terminating, withdrawing from or suspending the operation of a treaty if the impossibility

is the result of a breach by that party either of an obligation under the

treaty or of any other international obligation owed to any other party to the treaty.

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Article 62. FUNDAMENTAL CHANGE OF CIRCUMSTANCES

1. A fundamental change of circumstances which has occurred with regard to

those existing at the time of the conclusion of a treaty, and which was not foreseen by

the parties, may not be invoked as a ground for terminating or withdrawing from the

treaty unless:

(a) The existence of those circumstances constituted an essential basis of the consent

of the parties to be bound by the treaty; and

(b) The effect of the change is radically to transform the extent of obligations still

to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground

for terminating or withdrawing from a treaty:

(a) If the treaty establishes a boundary; or

(b) If the fundamental change is the result of a breach by the party invoking it

either of an obligation under the treaty or of any other international obligation

owed to any other party to the treaty.

3. If, under the foregoing paragraphs, a party may invoke a fundamental

change of circumstances as a ground for terminating or withdrawing from a treaty it

may also invoke the change as a ground for suspending the operation of the treaty.

Article 63. SEVERANCE OF DIPLOMATIC OR CONSULAR RELATIONS

The severance of diplomatic or consular relations between parties to a treaty

does not affect the legal relations established between them by the treaty except in so

far as the existence of diplomatic or consular relations is indispensable for the application

of the treaty.

Article 64. EMERGENCE OF A NEW PEREMPTORY NORM OF GENERAL

INTERNATIONAL LAW ("JUS COGENS")

If a new peremptory norm of general international law emerges, any existing

treaty which is in conflict with that norm becomes void and terminates.

SECTION 4. PROCEDURE

Article 65. PROCEDURE TO BE FOLLOWED WITH RESPECT TO INVALIDITY,

TERMINATION, WITHDRAWAL FROM OR SUSPENSION OF THE OPERATION OF A TREATY

1. A party which, under the provisions of the present Convention, invokes

either a defect in its consent to be bound by a treaty or a ground for impeaching the

validity of a treaty, terminating it, withdrawing from it or suspending its operation,

must notify the other parties of its claim. The notification shall indicate the measure

proposed to be taken with respect to the treaty and the reasons therefor.

2. If, after the expiry of a period which, except in cases of special urgency,

shall not be less than three months after the receipt of the notification, no party has

raised any objection, the party making the notification may carry out in the manner

provided in article 67 the measure which it has proposed.

3. If, however, objection has been raised by any other party, the parties shall

seek a solution through the means indicated in Article 33 of the Charter of the United

Nations.

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4. Nothing in the foregoing paragraphs shall affect the rights or obligations of

the parties under any provisions in force binding the parties with regard to the settlement

of disputes.

5. Without prejudice to article 45, the fact that a State has not previously made

the notification prescribed in paragraph 1 shall not prevent it from making such

notification in answer to another party claiming performance of the treaty or alleging

its violation.

Article 66. PROCEDURES FOR JUDICIAL SETTLEMENT, ARBITRATION

AND CONCILIATION

If, under paragraph 3 of article 65, no solution has been reached within a period

of twelve months following the date on which the objection was raised, the following

procedures shall be followed:

(a) Any one of the parties to a dispute concerning the application or the interpretation

of article 53 or 64 may, by a written application, submit it to the International

Court of Justice for a decision unless the parties by common consent

agree to submit the dispute to arbitration;

(b) Any one of the parties to a dispute concerning the application or the interpretation

of any of the other articles in Part V of the present Convention may set in

motion the procedure specified in the Annex to the Convention by submitting a

request to that effect to the Secretary-General of the United Nations.

Article 67. INSTRUMENTS FOR DECLARING INVALID, TERMINATING,

WITHDRAWING FROM OR SUSPENDING THE OPERATION OF A TREATY

1. The notification provided for under article 65, paragraph 1 must be made in

writing.

2. Any act declaring invalid, terminating, withdrawing from or suspending the

operation of a treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3

of article 65 shall be carried out through an instrument communicated to the other

parties. If the instrument is not signed by the Head of State, Head of Government or

Minister for Foreign Affairs, the representative of the State communicating it may be

called upon to produce full powers.

Article 68. REVOCATION OF NOTIFICATIONS AND INSTRUMENTS

PROVIDED FOR IN ARTICLES 65 AND 67

A notification or instrument provided for in article 65 or 67 may be revoked at

any time before it takes effect.

SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION

OF THE OPERATION OF A TREATY

Article 69. CONSEQUENCES OF THE INVALIDITY OF A TREATY

1. A treaty the invalidity of which is established under the present Convention

is void. The provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a treaty:

(a) Each party may require any other party to establish as far as possible in their

mutual relations the position that would have existed if the acts had not been

performed;

(b) Acts performed in good faith before the invalidity was invoked are not

rendered unlawful by reason only of the invalidity of the treaty.

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3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply

with respect to the party to which the fraud, the act of corruption or the coercion is

imputable.

4. In the case of the invalidity of a particular State's consent to be bound by a

multilateral treaty, the foregoing rules apply in the relations between that State and

the parties to the treaty.

Article 70. CONSEQUENCES OF THE TERMINATION OF A TREATY

1. Unless the treaty otherwise provides or the parties otherwise agree, the termination

of a treaty under its provisions or in accordance with the present Convention:

(a) Releases the parties from any obligation further to perform the treaty;

(b) Does not affect any right, obligation or legal situation of the parties created

through the execution of the treaty prior to its termination.

2. If a State denounces or withdraws from a multilateral treaty, paragraph 1

applies in the relations between that State and each of the other parties to the treaty

from the date when such denunciation or withdrawal takes effect.

Article 71. CONSEQUENCES OF THE INVALIDITY OF A TREATY WHICH

CONFLICTS WITH A PEREMPTORY NORM OF GENERAL INTERNATIONAL LAW

1. In the case of a treaty which is void under article 53 the parties shall:

(a) Eliminate as far as possible the consequences of any act performed in reliance

on any provision which conflicts with the peremptory norm of general international

law; and

(b) Bring their mutual relations into conformity with the peremptory norm of

general international law.

2. In the case of a treaty which becomes void and terminates under article 64,

the termination of the treaty:

(a) Releases the parties from any obligation further to perform the treaty;

(b) Does not affect any right, obligation or legal situation of the parties created

through the execution of the treaty prior to its termination, provided that those

rights, obligations or situations may thereafter be maintained only to the extent

that their maintenance is not in itself in conflict with the new peremptory norm

of general international law.

Article 72. CoNSEQUE1'CES Of THE SUSPENSION

OF THE OPERATION OF A TREATY

1. Unless the treaty otherwise provides or the parties otherwise agree, the

suspension of the operation of a treaty under its provisions or in accordance with the

present Convention:

(a) Releases the parties between which the operation of the treaty is suspended

from the obligation to perform the treaty in their mutual relations during the

period of the suspension;

(b) Does not otherwise affect the legal relations between the parties established by

the treaty.

2. During the period of the suspension the parties shall refrain from acts tending

to obstruct the resumption of the operation of the treaty.

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PART v1. MISCELLANEOUS PROVISIONS

Article 73. CASES OF STATE SUCCESSION, STATE RESPONSlBlUTY

AND OUTBREAK OF HOSTILITIES

1980

The provisions of the present Convention shall not prejudge any question that

may arise in regard to a treaty from a succession of States or from the international

responsibility of a State or from the outbreak of hostilities between States.

Article 74. DIPLOMATIC AND CONSULAR RELATIONS

AND THE CONCLUSION OF TREATIES

The severance or absence of diplomatic or consular relations between two or

more States does not prevent the conclusion of treaties between those States. The

conclusion of a treaty does not in itself affect the situation in regard to diplomatic or

consular relations.

Article 75. CASE OF AN AGGRESSOR STATE

The provisions of the present Convention are without prejudice to any obligation

in relation to a treaty which may arise for an aggressor State in consequence of

measures taken in conformity with the Charter of the United Nations with reference

to that State's aggression.

PART vu. DEPOSITARIES, NOTIFICATIONS, CORRECTIONS

AND REGISTRATION

Article 76. DEPOSITARlES OF TREATIES

1. The designation of the depositary of a treaty may be made by the

negotiating States, either in the treaty itself or in some other manner. The depositary

may be one or more States, an international organization or the chief administrative

officer of the organization.

2. The functions of the depositary of a treaty are international in character

and the depositary is under an obligation to act impartially in their performance. In

particular, the fact that a treaty has not entered into force between certain of the parties

or that a difference has appeared between a State and a depositary with regard to

the performance of the latter's functions shall not affect that obligation.

Article 77. FUNCTIONS OF DEPOSITARlES

1. The functions of a depositary, unless otherwise provided in the treaty or

agreed by the contracting States, comprise in particular:

(a) Keeping custody of the original text of the treaty and of any full powers

delivered to the depositary;

(b) Preparing certified copies of the original text and preparing any further text of

the treaty in such additional languages as may be required by the treaty and

transmitting them to the parties and to the States entitled to become parties to

the treaty;

(c) Receiving any signatures to the treaty and receiving and keeping custody of any

instruments, notifications and communications relating to it;

(d) Examining whether the signature or any instrument, notification or communication

relating to the treaty is in due and proper form and, if need be,

bringing the matter to the attention of the State in question;

(e) Informing the parties and the States entitled to become parties to the treaty of

acts, notifications and communications relating to the treaty;

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(I) Informing the States entitled to become parties to the treaty when the number

of signatures or of instruments of ratification, acceptance, approval or accession

required for the entry into force of the treaty has been received or

deposited;

(g) Registering the treaty with the Secretariat of the United Nations;

(h) Performing the functions specified in other provisions of the present Convention.

2. In the event of any difference appearing between a State and the depositary

as to the performance of the latter's functions, the depositary shall bring the question

to the attention of the signatory States and the contracting States or, where appropriate,

of the competent organ of the international organization concerned.

Article 78. NOTIFICATIONS AND COMMUNICATIONS

Except as the treaty or the present Convention otherwise provide, any notification

or communication to be made by any State under the present Convention shall:

(a) If there is no depositary, be transmitted direct to the States for which it is intended,

or if there is a depositary, to the latter;

(b) Be considered as having been made by the State in question only upon its

receipt by the State to which it was transmitted or, as the case may be, upon its

receipt by the depositary;

(c) If transmitted to a depositary, be considered as received by the State for which

it was intended only when the latter State has been informed by the depositary

in accordance with article 77, paragraph l(e).

Article 79. CORRECTION OF ERRORS IN TEXTS

OR IN CERTIFIED COPIES OF TREATIES

1. Where, after the authentication of the text of a treaty, the signatory States

and the contracting States are agreed that it contains an error, the error shall, unless

they decide upon some other means of correction, be corrected:

(a) By having the appropriate correction made in the text and causing the correction

to be initialled by duly authorized representatives;

(b) By executing or exchanging an instrument or instruments setting out the correction

which it has been agreed to make; or

(c) By executing a corrected text of the whole treaty by the same procedure as in

the case of the original text.

2. Where the treaty is one for which there is a depositary, the latter shall notify

the signatory States and the contracting States of the error and of the proposal to correct

it and shall specify an appropriate time-limit within which objection to the proposed

correction may be raised. If, on the expiry of the time-limit:

(a) No objection has been raised, the depositary shall make and initial the correction

in the text and shall execute a proces-verbal of the rectification of the text

and communicate a copy of it to the parties and to the States entitled to become

parties to the treaty;

(b) An objection has been raised, the depositary shall communicate the objection

to the signatory States and to the contracting States.

3. The rules in paragraphs 1 and 2 apply also where the text has been authenticated

in two or more languages and it appears that there is a lack of concordance

which the signatory States and the contracting States agree should be corrected.

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352 United Nations - Treaty Series • Nations Unies - Recueil des Traites 1980

4. The corrected text replaces the defective text ab initio, unless the signatory

States and the contracting States otherwise decide.

5. The correction of the text of a treaty that has been registered shall be

notified to the Secretariat of the United Nations.

6. Where an error is discovered in a certified copy of a treaty, the depositary

shall execute a proces-verbal specifying the rectification and communicate a copy of

it to the signatory States and to the contracting States.

Article 80. REGISTRATION AND PUBLICATION OF TREATIES

1. Treaties shall, after their entry into force, be transmitted to the Secretariat

of the United Nations for registration or filing and recording, as the case may be, and

for publication.

2. The designation of a depositary shall constitute authorization for it to perform

the acts specified in the preceding paragraph.

PART VIII. FINAL PROVISIONS

Article 81. SIGNATURE

The present Convention shall be open for signature by all States Members of the

United Nations or of any of the specialized agencies or of the International Atomic

Energy Agency or parties to the Statute of the International Court of Justice, and by

any other State invited by the General Assembly of the United Nations to become a

party to the Convention, as follows: until 30 November 1969, at the Federal Ministry

for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970,

at United Nations Headquarters, New York.

Article 82. RATIFICATION

The present Convention is subject to ratification. The instruments of ratification

shall be deposited with the Secretary-General of the United Nations.

Article 83. ACCESSION

The present Convention shall remain open for accession by any State belonging

to any of the categories mentioned in article 81. The instruments of accession shall be

deposited with the Secretary-General of the United Nations.

Article 84. ENTRY INTO FORCE

1. The present Convention shall enter into force on the thirtieth day following

the date of deposit of the thirty-fifth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of

the thirty-fifth instrument of ratification or accession, the Convention shall enter into

force on the thirtieth day after deposit by such State of its instrument of ratification

or accession.

Article 85. ALJTHENTIC TEXTS

The original of the present Convention, of which the Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized

thereto by their respective Governments, have signed the present Convention.

DoNE at Vienna, this twenty-third day of May, one thousand nine hundred and

sixty-nine.

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1980 United Nations - Treaty Series • Nations Unies - Recueil des Traites 353

ANNEX

1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained

by the Secretary-General of the United Nations. To this end, every State which is a Member of

the United Nations or a party to the present Convention shall be invited to nominate two conciliators,

and the names of the persons so nominated shall constitute the list. The term of a conciliator,

including that of any conciliator nominated to fill a casual vacancy, shall be five years

and may be renewed. A conciliator whose term expires shall continue to fulfil any function for

which he shall have been chosen under the following paragraph.

2. When a request has been made to the Secretary-General under article 66, the

Secretary-General shall bring the dispute before a conciliation commission constituted as

follows:

The State or States constituting one of the parties to the dispute shall appoint:

(a) One conciliator of the nationality of that State or of one of those States, who may or

may not be chosen from the list referred to in paragraph 1; and

(b) One conciliator not of the nationality of that State or of any of those States, who shall be

chosen from the list.

The State or States constituting the other party to the dispute shall appoint two conciliators

in the same way. The four conciliators chosen by the parties shall be appointed within

sixty days following the date on which the Secretary-General receives the request.

The four conciliators shall, within sixty days following the date of the last of their own appointments,

appoint a fifth conciliator chosen from the list, who shall be chairman.

If the appointment of the chairman or of any of the other conciliators has not been made

within the period prescribed above for such appointment, it shall be made by the SecretaryGeneral

within sixty days following the expiry of that period. The appointment of the chairman

may be made by the Secretary-General either from the list or from the membership of the International

Law Commission. Any of the periods within which appointments must be made may

be extended by agreement between the parties to the dispute.

Any vacancy shall be filled in the manner prescribed for the initial appointment.

3. The Conciliation Commission shall decide its own procedure. The Commission, with

the consent of the parties to the dispute, may invite any party to the treaty to submit to it its

views orally or in writing. Decisions and recommendations of the Commission shall be made by

a majority vote of the five members.

4. The Commission may draw the attention of the parties to the dispute to any measures

which might facilitate an amicable settlement.

5. The Commission shall hear the parties, examine the claims and objections, and make

proposals to the parties with a view to reaching an amicable settlement of the dispute.

6. The Commission shall report within twelve months of its constitution. Its report shall

be deposited with the Secretary-General and transmitted to the parties to the dispute. The

report of the Commission, including any conclusions stated therein regarding the facts or questions

of law, shall not be binding upon the parties and it shall have no other character than that

of recommendations submitted for the consideration of the parties in order to facilitate an

amicable settlement of the dispute.

7. The Secretary-General shall provide the Commission with such assistance and facilities

as it may require. The expenses of the Commission shall be borne by the United Nations.

Vol.1155, l-18232

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480 United Nations - Treaty Series • Nations Unies - Recueil des Traites

For Japan:

Pour le Japan :

El J.f. :

3a .Hnomno:

Par el Japan:

For Jordan:

Pour la Jordanie :

1!] .§_ :

3a Hopnamno:

Par Jordania:

For Kenya:

Pour le Kenya :

1r /l .:Il:

3a Kemuo:

Par Kenya:

For Kuwait:

Pour le Kowe'it :

=+4 ~H·:

3a KyBefiT:

Par Kuwait:

For Laos:

Pour le Laos :

-:t .fij_ :

3a Jlaoc:

Par Laos:

Vol. 1155, l-18232

1. S. BHOI

1980

Annex 1

1980 United Nations - Treaty Series • Nations Unies - Recueil des Traites 489

For Sierra Leone:

Pour le Sierra Leone :

'.t.µ1/J~ r*J:

3a Cbeppa-JleoHe:

Por Sierra Leona:

For Singapore:

Pour Singapour :

,l,r/Jo~:

3a C1rnranyp:

Por Singapur:

For Somalia:

Pour la Somalie :

it.EJ.£:

3a CoMrum:

Por Somalia:

For South Africa:

Pour l'Afrique du Sud :

if},1~:

3a IO)KHYJO A<bpm,y:

Por Sudafrica:

For Southern Yemen:

Pour le Yemen du Sud :

m -ttt r, =

3a IQ)KHblil: 11eMeH:

Por el Yemen Meridional:

Vol. IISS, 1-18232

Annex 2

Memorandum of Understanding between the Members of the African Union on Security,

Stability, Development and Cooperation in Durban, South Africa (July 2002), reprinted in

Africa, From Barriers to Bridges: Collection of Official Texts on African Borders

from 1963 to 2012 (2013)

From Barriers

to Bridges

Collection of Official Texts

on African Borders

from 1963 to 2012

Annex 2

2 | From Barriers to Bridges

This work is published under the sole responsibility of the Commission of

the African Union/Department of Peace and Security (African Union Border

Programme).

All rights reserved.

You can copy, download or print the contents of this book for your own use,

and you can include excerpts from this guidebook in your own documents,

presentations, blogs, websites and teaching materials, provided that suitable

acknowledgement of the source and copyright owner is given. All requests

for public and commercial use and translation rights should be submitted to

[email protected].

© Commission of the African Union, Department of Peace and Security,

Addis Ababa, May 2013

2nd edition, 2013

African Union Commission

P.O. Box 3243

Roosevelt Street

Addis Ababa, Ethiopia

Tel. +251 115 513 822

Fax +251 115 519 321

E-mail [email protected]

Design and typesetting Ira Olaleye, Eschborn

Printed by Colour Connection GmbH, Frankfurt

ISBN 978-99944-890-0-8

The African Union expresses its gratitude to the extensive support of the

Government of the Federal Republic of Germany as well as the Deutsche

Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH whose assis- tance has enabled the African Union Border Programme to record significant

results in all related activities. The document at hand serves as one piece

of evidence and successful outcome of the combined efforts of the African

Union Commission/Peace and Security Department and the German Development

Cooperation.

Annex 2

Collection of Official Texts on African Borders from 1963 to 2012 | 43

5 This Act, drawn up in four (4) original texts in the Arabic, English,

French and Portuguese languages, all four (4) being equally authentic,

shall be deposited with the Secretary-General of the OAU and,

after its entry into force, with the Chairman of the Commission who

shall transmit a certified true copy of the Act to the Government

of each signatory State. The Secretary-General of the OAU and the

Chairman of the Commission shall notify all signatory States of the

dates of the deposit of the instruments of ratification or accession

and shall upon entry into force of this Act register the same with the

Secretariat of the United Nations.

MEMORANDUM OF UNDERSTANDING ON

SECURITY, STABILITY, DEVELOPMENT AND COOPERATION

IN AFRICA,

DURBAN, SOUTH AFRICA, JULY 2002

PREAMBLE

We the Member States of the OAU/AU;

1 Recalling the objectives and principles of the Constitutive Act of the

African Union;

2 Conscious of the importance of the Conference on Security, Stability,

Development and Cooperation (CSSDCA) and New Partnership

for Africa’s Development (NEPAD), and the convergence and complementarity

of their objectives in the realisation of the goals of the

Constitutive Act of the African Union;

3 Emphasising the interdependence of security and stability on the

one hand and development and cooperation on the other;

4 Recalling the CSSDCA Solemn Declaration adopted by the 36th Ordinary

Session of the Assembly of Heads of State and Government in

Lomé Togo, in July 2000;

5 Affirming that in the exercise of our sovereign right to determine

our laws and regulations, we shall conform to our legal obligations

under the OAU Charter, the Treaty Establishing the African Economic

Community (AEC), the Cairo Declaration on the Establishment of a

Mechanism for Conflict Prevention, Management and Resolution

and the Constitutive Act of the African Union, having due regard to

implementing the CSSDCA Solemn Declaration;

6 Reaffirming our commitment to the maintenance of security and

stability on the continent;

ii

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44 | From Barriers to Bridges

7 Recognising that this commitment, which reflects the interests and

aspirations of African peoples, constitutes for each participating

State a present and future responsibility, heightened by experience

of the past;

8 Committed to give effect and expression, by all appropriate ways

and means to the duty of ensuring security and stability arising from

the generally recognised principles and rules of international law

and those obligations arising from treaties or other agreements, in

accordance with internationally accepted norms, to which we are

parties;

9 Resolved to subscribe to a set of core values and key commitments

to buttress the process of security and stability in Africa and reflecting

the common will to act, in the application of the principles set

out in the CSSDCA Solemn Declaration;

AGREE AS FOLLOWS:

I. CORE VALUES

To respect and abide by the following indivisible core values, all of primary

importance, in guiding our relations:

(a) Every African State is sovereign. Every State respects the rights

inherent in the territorial integrity and political independence

of all other African States, without prejudice to the provisions of

Article 4 of the AU Constitutive Act, sections (h) and (j) and other

relevant international instruments.

(b) The centrality of security as a multi-dimensional phenomenon

that goes beyond military considerations and embraces all

aspects of human existence, including economic, political and social

dimensions of individual, family, community and national life.

(c) Peace and security are central to the realisation of development

of both the state and individuals. Thus the security of the African

people, their land and property must be safeguarded to ensure

stability, development and cooperation of African countries.

(d) The security of each African country is inseparably linked to that

of other African countries and the African continent as a whole.

(e) The plight of African Refugees and Internally Displaced Persons

constitutes a scar on the conscience of African governments and

people.

(f) Africa’s strategic and natural resources are the property of the

people of Africa and the leadership should exploit them for the

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Collection of Official Texts on African Borders from 1963 to 2012 | 45

common good of the people of the continent, having due regard

for the need to restore, preserve and protect the environment.

(g) Uncontrolled spread of small arms and light weapons as well

as the problem of landmines constitutes a threat to peace and

security on the African continent.

(h) Good governance including, accountability, transparency, the

rule of law, elimination of corruption and unhindered exercise of

individual rights as enshrined in the African Charter on Human

and People’s Rights and those of the Universal Declaration of

Human Rights is a prerequisite for sustainable peace and security

in Africa as well as a necessary condition for economic development,

cooperation and integration.

(i) A fundamental link exists between stability, human security,

development and cooperation in a manner that each reinforces

the other.

(j) Sustainable Stability in Africa demands the establishment and

strengthening of democratic structures and good governance

based on common tenets.

(k) The rejection of unconstitutional changes of government in any

African country as a threat to order and stability in the African

continent as a whole.

(l) Respect and promotion of human rights, the rule of law and equitable

social order as the foundation for national and continental

stability.

(m) The eradication of corruption, which undermines Africa’s quest

for socio-economic development and the achievement of sustainable

stability on the continent.

(n) No political organisation should be created on the basis of religious,

sectarian, ethnic, regional or racial considerations. Political

life should be devoid of any extremism.

(o) The conduct of electoral processes in a transparent and credible

manner and a concomitant obligation by the parties and candidates

to abide by the outcome of such processes in order to

enhance national and continental stability.

(p) Development is about expanding human freedoms. The effort of

Member States at achieving development is aimed at the maximum

expansion of the freedoms that people enjoy.

(q) The freedoms that Africans seek and deserve, inter alia, include

freedom from hunger, freedom from disease, freedom from

ignorance and access to the basic necessities for enhancing the

quality of life. These freedoms can best be achieved through

expansion of the economic space including the rapid creation of

wealth.

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46 | From Barriers to Bridges

(r) Economic development is a combined result of individual action.

Africans must be free to work and use their creative energies to

improve their well-being in their own countries. The state’s involvement

in the activities of individual economic actors should

be supportive of individual initiatives.

(s) Acknowledgement of the important role of the State in economic

development not only in providing regulatory frameworks but

also through active cooperation with private sector, and civil

society, including business associations and organisations as

partners of development to promote economic growth, social

and economic justice.

(t) All priorities in economic policy-making shall be geared towards

eliminating poverty from the continent and generating rapid and

sustainable development in the shortest possible time.

(u) Cooperation and integration in Africa is key to the continent’s

socio-economic transformation and effective integration into the

world economy.

(v) Harmonisation and strengthening of the Regional Economic

Communities (RECs) in key areas as an essential component of

the integration process, through the transfer of certain responsibilities

as well as effective reporting and communication structure

involving the RECs in continental initiatives.

(w) Strong political commitment including the involvement of all

stakeholders, the private sector, civil society, women and youth

as a fundamental principle for the achievement of regional economic

integration and development.

(x) Investment in Science and Technology as a fundamental input

into the development of all sectors and raising living standards.

II. COMMITMENTS TO GIVE EFFECT TO THE CORE VALUES

To give effect to the above core values, we undertake to:

(a) Develop a collective continental architecture for promoting

security and inter-African relations that goes beyond the traditional

military definition and embraces imperatives pertaining

to human security, principles relating to good governance, the

promotion of democracy and respect for human rights and the

legitimate rights of leaders after they vacate office.

(b) Promote a policy of good neighbourliness as a foundation for

enhancing inter-state relations.

(c) Recommit to the adoption of a comprehensive response for

Annex 2

Collection of Official Texts on African Borders from 1963 to 2012 | 47

the prevention and resolution of conflict, with emphasis on the

prevention and containment of conflicts before they erupt into

violent confrontation and the creation of an African capacity for

regional peace-support operations as a measure for conflict resolution.

Commit ourselves, within this framework, to operationalise

the code of conduct on Inter-African relations adopted by

the 30th Ordinary Session of the Summit of Heads of State and

Government in Tunis in June 1994.

(d) Strengthen, consolidate and sustain regional and continental

conflict management mechanisms, with primary emphasis on

the AU Mechanism for Conflict Prevention, Management and

Resolution and its early warning system.

(e) Establish a strong cooperation framework for security between

the Regional Economic Communities (RECs), the AU and the

United Nations (UN).

(f) Undertake to address border problems that continue to threaten

the prospects of peace and security in Africa by ensuring the

delimitation and demarcation of the borders of Member States

in a peaceful manner.

(g) Create and strengthen disaster management mechanisms at

national, regional and continental levels.

(h) Implement the OAU Convention on the Prevention and Combating

of Terrorism adopted in Algiers in 1999.

(i) Develop additional protocols, as appropriate, as well as an Action

Plan to combat the occurrence and spread of terrorism in all its

forms and manifestations.

(j) Develop policies to combat the illicit proliferation, trafficking and

circulation of small arms and light weapons in Africa.

(k) Take appropriate measures for the implementation of relevant

treaties on landmines, including the Ottawa Treaty on anti-personnel

mines and the Kempton Park Plan of Action, as well as develop

policies pertaining to the prohibition of landmines in Africa

and strengthen the African capacity for landmine clearance.

(l) Implement policies and agreements designed to eliminate

Mercenarism in Africa and other forms of interventions in the

internal affairs of African states including the illegal exploitation

of the continent’s natural resources, which contributes to the

escalation of conflicts on the continent.

(m) Strengthen the mechanisms for the protection of refugees as

provided for in the 1969 OAU Convention Governing the Specific

Aspects of Refugee Problems in Africa through the full implementation

of the Comprehensive Implementation Plan drawn

Annex 2

48 | From Barriers to Bridges

up in Conakry and adopted by the Council of Ministers in Lomé,

Togo, in July 2000, with the support and cooperation of the UN

and other international agencies.

(n) Develop national, regional and continental strategies to eradicate

criminal organisations and syndicates operating in Africa and

establish joint cross-border operations to investigate and apprehend

criminal elements and stop money laundering, drug and

human trafficking.

(o) Adhere to the fundamental tenets of a plural democratic society

as contained in the 1990 Declaration on the Political and SocioEconomic

Situation in Africa and the Fundamental Changes

Taking Place In the World, the 1995 Cairo Agenda for Action,

the 1999 Grand Bay (Mauritius) Declaration and Plan of Action

on Human Rights in Africa, the Lomé Declaration on Unconstitutional

Changes and the CSSDCA Solemn Declaration of 2000,

amongst others. These should include: promulgated constitution

with a Bill of Rights’ provision; free and fair elections at

constitutionally stipulated intervals; multiparty political systems;

separation of powers; an independent judiciary; a free press and

freedom of expression and assembly; effective military subordination

to civilian authority, and accountability and popular

participation in governance.

(p) Uphold the principle of constitutionalism so that the political

class and civil society at all levels, commit themselves to abiding

by and respecting the provisions of the constitutions of their

states.

(q) Ensure independence of the judiciary, particularly through an effective

separation of powers, constitutionally guaranteed tenure

of office and adequate funding.

(r) Accept the necessity for significant improvement in the African

electoral process including the establishment of truly independent

national electoral Commissions and other appropriate

mechanisms to ensure transparency, fairness, and credibility of

elections.

(s) Observance, protection and promotion of the human rights of all

Africans in accordance with the provisions of the African Charter

on Human and Peoples Rights, and the Grand Bay (Mauritius)

Declaration and Plan of Action on Human Rights in Africa including

the speedy establishment of the African Court on Human and

People’s Rights by signing and/or ratification and respect of this

legal instrument as well as of all international instruments on

human rights.

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Collection of Official Texts on African Borders from 1963 to 2012 | 49

(t) Strengthen, improve and practice good governance in public and

private domains in Africa to ensure adherence to the rule of law;

strict accountability by all and transparency in public affairs as

called for in the 1995 Cairo Agenda for Action, and other decisions

of the Assembly of Heads of State and Government.

(u) Create conditions for economic stability devoid of economic

mismanagement with focus on human security and poverty

eradication as called for in the 1995 Cairo Agenda for Action and

the Treaty Establishing the African Economic Community (Abuja

Treaty).

(v) Encourage and provide enabling conditions for popular participation

by all African people in the governance and development of

their countries as a basis of a people’s empowerment to direct

their socio-economic transformation.

(w) Provide appropriate conditions for effective participation at

national and continental levels by civil society organisations, in

particular women’s groups, trade unions, the youth and professional

associations as envisaged in the Constitutive Act of the

African Union.

(x) Develop institutional and administrative capacity for dealing effectively

with corruption and criminality, both of which threaten

the stability of Africa.

(y) Establish an impartial, efficient, transparent and accountable civil

service.

(z) Provide Central Banks with the necessary autonomy to enable

them to perform their roles effectively as vital structures for

economic stability.

(aa) Develop a shared vision on development, regional cooperation

and integration.

(bb) Pursue accelerated development of our countries as the centre

of national policies.

(cc) Promote sustainable economic growth and development through

the diversification of the production structure of our economies.

(dd) Create a conducive environment to encourage domestic savings,

reverse capital flight and attract foreign savings.

(ee) Ensure popular participation, equal opportunity and equitable

access to resources for all our people as the basis of our development

objectives and strategies.

(ff) Promote partnership, trust and transparency between leaders

and citizens as critical elements of sustainable development,

based on mutual responsibilities and a shared vision, and in particular,

establish a conducive environment for the private sector

to generate wealth.

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50 | From Barriers to Bridges

(gg) Aim at a shared economic growth that provides opportunities

to the poor and the disadvantaged groups in society, such as

women, the youth and disabled.

(hh) Work out and implement the follow-up and evaluation of reproductive

health policies and programmes in order to guarantee a

better balance between population and economic growth.

(ii) (ii) Develop and adhere to a code of conduct on good governance

aimed at establishing democratic developmental oriented

states across the continent in order to foster cooperation and

integration.

(jj) Invest in human resource development, particularly in the quality

of education, and promote cooperation between African

centres of excellence and Research and Development institutions

as well as reverse the brain drain.

(kk) Promote and protect the rights and welfare of the African child.

(ll) Provide political support for regional integration by making appropriate

institutional arrangements, including legislative measures,

process and awareness creation to support integration.

(mm) Provide adequate financial support for regional integration and

cooperation by incorporating in our annual national budgets,

Member States’ contribution to RECs and AU, and/or putting in

place a self-financing mechanism to ensure their efficient functioning.

(nn) Involve all national stakeholders in the regional integration process

including giving them an appropriate role.

(oo) Develop inter-African communications and transport to ensure

economic growth, integration and trade amongst African countries.

(pp) Develop and adhere to a common industrial strategy that takes

into account the need for a fair distribution of industries within

the RECs.

(qq) Put in place mechanisms for countries that are in a position to do

so, to provide additional support to African LDCs in their developmental

efforts.

(rr) Consolidate the links between South-South and North-South

technical cooperation through triangular models, within the

spirit of enhancing collective self-reliance in Africa.

(ss) Pursue continental solidarity in all international negotiations

including those on market access, debt relief, FDI, ODA, as well

as the setting up of the World Solidarity Fund.

(tt) Promote rural development through a public financing mechanism

and public private partnerships.

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Collection of Official Texts on African Borders from 1963 to 2012 | 51

III. KEY PERFORMANCE INDICATORS

We also agree to adopt the following key performance indicators to

evaluate compliance with the commitments we have undertaken in the

present Memorandum of Understanding:

A. SECURITY

1) Common definition of security

Establish by 2005 a framework for codifying into national laws and

legislations the concept of human security as contained in the CSSDCA

Solemn Declaration, in order to build confidence and collaborative

security regimes at national, regional and continental levels.

2) Non-aggression pacts

Conclude and ratify bilateral and regional non-aggression pacts (where

they do not yet exist) by 2006 on the basis of commonly agreed guidelines.

3) Africa’s common defence policy

Define by 2005, in accordance with Article 4 (d) of the Constitutive

Act of the African Union, Africa’s common defence policy in order to

strengthen Africa’s capacity for dealing with conflicts including dealing

with external aggression.

4) Strengthening Africa’s capacity for peace-support operations

Establish by 2003, the modalities or mechanisms for implementing the

provisions of Article 4(h) and (j) of the Constitutive Act of the African

Union, with emphasis on the enhancement of the capacity of the Peace

and Security Council to deal with issues relating to peace-support operations,

including standby arrangements that were recommended by

African Chiefs of Defence Staff.

5) National and regional crime reduction and

prevention programmes

Establish by 2005 and strengthen, in places where they already exist,

national and regional crime reduction and prevention programmes to

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52 | From Barriers to Bridges

deal effectively with the scourge of criminality in Africa. Such programmes

should, through the harmonisation of criminal and penal

codes and effective information sharing system, promote, strengthen

and foster joint strategies for the management and control of all forms

of crimes within the region. The programme should incorporate a

mechanism for annual performance assessment. By 2005, establish

effective monitoring of crime statistics by policing agencies in each

country.

6) Small arms and light weapons

Take appropriate measures for the effective implementation of the

Bamako Declaration on an African Common Position on the illicit Proliferation,

Circulation and Trafficking of Small Arms and Light Weapons

and the UN Programme of Action to prevent, combat and eradicate the

illicit trade in small arms and light weapons in all its aspects. In particular,

Member States must take the following steps by 2003:

` Establish, where they do not exist, national and regional coordination

agencies or frameworks and institutional infrastructure for policy

guidance, research and monitoring.

` Adopt the necessary legislative and other measures to establish as

criminal offences, the illicit manufacture, possession and trade in

small arms and light weapons.

` Adopt appropriate national legislations or regulations to prevent the

breaching of arms embargo as decided by the UN Security Council.

Establish at national, regional and continental levels, a framework for

regular dialogue with arms manufacturers and suppliers with a view to

checking illicit supply of Small Arms and Light weapons.

Convene, by 2004, the Second Ministerial Conference on the Illicit Proliferation,

Circulation and Trafficking of Small Arms and Light Weapons

to review the status of implementation of the Bamako Declaration, the

UN Program of Action and the status of implementation of relevant

treaties on landmines, including the Ottawa Treaty on anti-personnel

mines and the Kempton Park Plan of Action. Heads of RECs should also

provide status reports on the implementation of their regional programmes.

7) National institutions for prevention and management of c