For the purpose of the present Charter:

(a) “Charter” means African Maritime Transport Charter:

(b) “Region” means region of the Organization of African Unity as provided for in Resolution CM/Res.464 (XXVI) of the Council of Ministers of the Organization of African Unity on the division of Africa into five (5) regions namely: Northern, Western, Central, Eastern and Southern;

(c) “Sub-region” means at least three (3) States of one (or several) regions as defined in paragraph (b) of this article;

(d) “Member States” means Member States of the Organization of African Unity parties to this Charter;

(e) “Third State” means a State other than a Member State;

(f) “Land-locked Member State’ means a Member State without a sea coast;

(g) “Transit Member State’ means a Member State with or without sea coast whose territory is used in carrying import and export commodities for one or several Member States;

(h) “Multi-modal Transport” means the carriage of goods by at least two different modes of transport one of which is a sea mode on the basis of a multi-modal transport contract from a place in one country at which the goods are taken in charge by the multi-modal transport operator to a place designated for delivery situated in a different country;

(i) “Shipper” means a person or entity who has entered into, or who demonstrates an intention to enter into a contractual or other arrangement with a conference or shipping line for the shipment of goods in which he has a beneficial interest;

(j) “Shippers’ organization” means an association or equivalent body which promotes, represents and protects the interests of shippers and, if those authorities so desire, is recognized in that capacity by the appropriate authority or authorities of the country whose shippers it represents.

(k) “Committee on maritime and port issues” means a committee established at port level by a Member State, which comprises, inter alia, representatives of shippers, shipowners, maritime, customs and port administration and which is charged with allocation of cargo.

Member States hereby adhere to the following fundamental principles of maritime cooperation:

(a) solidarity and independence of States;

(b) harmonization and co-ordination of Member States policies in all areas connected with international maritime transport and ports;

(c) the need to make maritime and port activities and services more efficient in order to promote economic and social development;

(d) the right of free access to the sea for every land-locked Member States with the proviso that they comply with the laws and regulations of the transit States.

The objectives of African maritime co-operation are as follows:

(a) To define and implement harmonized shipping policies capable of promoting harmonious and sustained development of the African fleet and to foster on a pragmatic basis close co-operation between the States of the same region or sub-region and between the regions or sub-regions of Africa;

(b) To hold regular consultations with a view to determining African common positions on all issues of international maritime policy and to define, for each given problem, concerted solutions;

(c) To harmonize Member States’ views as regards the implementation of international maritime conventions to which they are parties;

(d) To promote bilateral and multilateral co-operation between the maritime administrations of Member States, their respective operational organizations in the field of maritime transport;

(e) To undertake studies that will encourage the promotion and the development of co-operation in maritime transport and port operations between countries, regions or sub-regions of Africa;

(f) To encourage the establishment of regional and/or sub-regional shipping lines.

In order to ensure the effective co-ordination of maritime and port development and international policies, activities and programmes, Member States agree to establish a Continental Unit for the co-ordination of activities of regional co-operation organizations in shipping and port operations in Africa (UCOMAR) within the General Secretariat of the OAU.

1. Member States agree to establish, wherever they do not yet exist, regional and sub- regional co-operation organizations in maritime and port operations, and to make them operational as early as possible.

2. Member States also agree to work towards the strengthening of existing organizations, develop and sustain active co-operation among the various regional and sub-regional maritime institutions.

Member States agree to:

(a) establish in order to make them functional as early as possible, or strengthen the operation of national shippers’ councils (or equivalent agencies), national shipping lines, wherever possible, ports, committee on maritime and port issues and national, sub-regional or regional maritime training and research institutions;

(b) bring together these various national agencies within regional or sub-regional specialized co-operation organizations in maritime and port activities;

(c) work towards the strengthening of existing regional and sub-regional specialized co-operation organizations in maritime and port operations.

In promoting co-operation among African shipping lines, Member States agree to:

(a) Encourage, where they do not yet exist, the establishment of pools and cargo booking offices, the pooling of traffic rights at sub-regional, regional and continental levels in order to ensure optimum use of available maritime transport facilities. To this end, African shipping lines are encouraged to enter into pool agreements and operate joint services.

(b) Promote the establishment of a common marketing network of shipping agencies within and outside Africa in order to enable African merchant shipping lines to improve on the co-ordination of their consignment and handling operations.

Member States agree to:

(a) Adopt guidelines and a framework for reallocation of traffic in each region wherever possible with a view to promoting, among other things, the establishment of consortia;

(b) Establish a harmonized system of cargo sharing;

(c) Guarantee a fair share of the traffic to national shipping lines while ensuring high quality services at competitive costs.

1. Member States agree to achieve, through the establishment of regional seafarer employment exchanges, an efficient co-operation with respect to ship personnel between African States lacking adequate trained manpower and those having excess trained manpower in relation to their national needs.

2. In this regard, they agree to comply with the international maritime regulations relating to maritime transport, training and qualification of seafarers.

Member States agree to promote the establishment of multi-modal transport joint ventures so as to enable African shipping lines set up within the framework of the UN Convention on International Multi-modal Transport of Goods, modern systems of point-to- point transportation, improve their services and increase their capacity to finance modern and efficient fleet.

Member  States  agree  to  promote  cabotage  at  sub-regional,  regional  and  continental levels.

Member  States  agree  to  organize  the  activities  of  the  maritime  transport  ancillaries with   a   view   to   ensuring   greater   competitiveness   and   offer   better   quality   services   to   the benefit of their economies.

Member States agree to set up enabling harmonized legislative and regulatory framework that shall promote and  guarantee the stability of maritime transport joint ventures, particularly multi-modal transport joint ventures.

Within the framework of actions for follow-up, evaluation and search for funds to finance their fleet, Member States agree to:

(a) conduct a periodical study on the situation of African shipping lines and take the most appropriate decisions on the basis of the findings of the study;

(b) appeal to African and international funding institutions to support African States in their policies on ship and related equipment acquisition and operation;

(c) promote the establishment of regional funds for the development of maritime transport and a more rational use of existing opportunities offered by the African Development Bank and by sub-regional or regional development banks.

In order to sustain the development of maritime transport in Africa, Member States, among other things, agree to:

1. Promote co-operation in the field of ship repair through:

(a) the co-ordination of their needs in the area of ship repair and the adoption of international conventions at the level of each region, in order to promote the use of African shipyards, wherever possible, and strengthen their negotiating power vis-à-vis non-African shipyards with a view to realizing significant economies of scale;

(b) the establishment of sub-regional and regional centres to manufacture, repair and overhaul containers;

(c) the identification of major shipyards within the Continent which can undertake adequate repair of African ships and the establishment, if need be, of new and more efficient installations.

2. Establish, reactivate research, training and information centres.In this regard, Member States agree to:

(a) establish information exchange centres in order to improve the dissemination of information, promote the exchange of information among operators and encourage the establishment of electronic data interchange systems in Africa;

(b) encourage the use of such electronic data interchange systems for the dissemination of information relating to port state control among African States;

(c) establish or strengthen existing national, sub-regional and regional maritime research and development centres, with the assistance of maritime operators or associations of operators and with the technical and financial assistance of inter-governmental and international organizations;

(d) promote a sub-regional and regional approach to maritime training through adaptation and co-ordination of  programmes, exchange of trainers and trainees as well as teaching materials;

(e) promote the use and the strengthening of the existing sub-regional and regional maritime training institutions.

Member   States   agree   to   encourage,   wherever   they   do   not   exist,   the   creation   of shippers’  organizations  and  intensify  direct  assistance  to  shippers  in  the  area  of  transport operations in connection with export and import activities

Member States agree to promote an effective consolidation of cargo at national, subregional and regional levels so as to help shippers to obtain shipping services better adapted to their needs and at a lower cost

Member States shall encourage the establishment, at national, sub-regional and regional levels, of committees on facilitation, harmonization and simplification of administrative and customs procedures.

Member States shall agree to co-operate on issues pertaining to the rationalization of services at their ports in order to realize economies of scale on services provided.  In this connection, they agree to encourage:

(a) any actions aimed at facilitating the acquisition of modern port materials and equipment;

(b) the promotion at sub-regional or regional level of a concerted programming of port dredging in order to facilitate negotiation on dredging contracts and reduce costs.

In order to improve the competitiveness of the port system in Africa, Member States agree to:

1. achieve an autonomous management of African ports so as to increase their effectiveness;

2. encourage:

(a) the adoption of a harmonized port tariff and statistic system;

(b) periodic survey of the situation of ports and harbours in Africa;

(c) medium and long-term studies on port development;

(d) the formulation of strategic plans.

Member States agree to:

(a) adopt and, where necessary, update their existing maritime legislations so as to make them compatible with the promotion of national maritime and port activities;

(b) examine with a view to revising and harmonizing, if necessary, their maritime and port legislations in order to make them compatible with each other and with the relevant international maritime conventions in force in the field of maritime transport and related activities;

(c) request the General Secretariat of the OAU to periodically draw an indicative list of relevant international maritime  conventions to be ratified by States that might not yet be Contracting Parties.

Member  States  agree  to  enter  into  co-operation agreements between themselves in the field of maritime transport and ports on the basis of the principles embodied in this Charter.

Transit  Member  States  agree  to  grant  facilities  and  benefits  to  Land-locked  Member States  using  port  infrastructure  and  equipment  and  apply  to  transit  goods,  non-discriminatory administrative, fiscal and customs measures in accordance with the principles of this Charter.

Transit Member States and Land-locked Member States agree to co-ordinate their policies of acquisition and use of means of land transport (road and rail), river, air, maritime transport and port. They also agree to co-ordinate the actions and instruments of implementation of their national maritime policies, those concerning, inter alia, grouping, pooling and cargo sharing, operation of cargo handling equipment as well as clearing and forwarding of cargo in transit.

Member   States   are   encouraged   to   enter   into   bilateral   and   multilateral   transit agreements   and   apply   in   a   concerted   manner,   the   relevant   sub-regional,   regional   and international conventions in force, particularly those relating to transit.

Notwithstanding   any   provisions   contained   therein,   the   implementation   of   this   Charter shall be subject to the relevant provisions of Article 35 of the Treaty establishing the African Economic Community.

1.This Charter is open for signature by Member States at the General Secretariat of the Organization of African Unity.

2. The ratification, acceptance, approval or accession shall be carried out in accordance with the respective constitutional procedures of Member States and by the deposit of a duly signed instrument with the General Secretariat of the Organization of African Unity.

3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Charter with respect to the Contracting Parties or after all the necessary measures have been taken for the entry into force of the amendment with respect to the said States shall be deemed to be in conformity with the amended convention.

1. This Charter shall provisionally enter into force Thirty (30) days after being signed by at least Twenty (20) Member States of the Organization of African Unity.

2. It shall finally enter into force Thirty (30) days after the Secretary General of the Organization of African Unity has  received the instruments of ratification, acceptance or approval of Two-thirds of Member States of the Organization of African Unity.

1. Any Member State may submit proposals for the amendment or revision of the present Charter.

2. Proposals for amendment or revision shall be submitted to Member States within a maximum period of thirty (30) days after they have been received at the Headquarters of the Organization of African Unity. The Council of Ministers shall be seized of the proposals for amendment or revision of the Charter only when all the Member States have been duly notified and after a period of one year.

3. The amendments shall be adopted by consensus by the Council or, failing that, by two thirds majority, and shall be submitted to Member States for ratification in conformity with their respective constitutional procedures.

1.    Amendments   shall   come   into   force   Thirty    (30)   days   after   the   deposit   of   the instruments  of  ratification  of  two  thirds  of  Member  States  of  the  Organization  of African  Unity  at  the  office  of  the  Secretary  General  of  the  Organization  of  African Unity.

2.    Without  prejudice  to  Article    27,  paragraph    3,  any  State  which  becomes  party to the Charter after the entry into force of an amendment shall be deemed to be party to the unamended  Charter  with  regard  to  any  Contracting  State  which  is  not  bound  by  the said amendment.

A Member State may denounce the Charter by giving a written notice to the Secretary General  of  the  Organization  of  African  Unity  specifying  the  reasons  for  such  denunciation. The withdrawal shall take effect one year after the notice has been duly served, unless a later date is fixed by the State concerned.

Member States undertake to settle their disputes regarding the interpretation or the application of the provisions of this Charter in accordance with Article 87 of the  Treaty Establishing the African Economic Community.

1. The Charter, drafted in four original texts in English, Arabic, French and Portuguese, the four texts being equally authentic, shall be deposited with Secretary General of the Organization of African Unity who shall transmit a certified true copy thereof to the Government of each of the signatory States.

2. The Secretary General shall notify Member States of the dates of deposit of the instruments of ratification or accession and shall, upon the entry into force of this Charter, register the same with the United Nations Secretary General.