<ЛУСАКСКОЕ СОГЛАШЕНИЕ О СОВМЕСТНОМ ПРОВЕДЕНИИ ДЕЙСТВИЙ, СВЯЗАННЫХ С НЕЗАКОННОЙ ТОРГОВЛЕЙ ДИКОЙ ФАУНОЙ И ФЛОРОЙ> [англ.](Заключено в г. Лусаке 08.09.1994 - 09.09.1994)
ON CO-OPERATIVE ENFORCEMENT OPERATIONS
DIRECTED AT ILLEGAL TRADE IN WILD FAUNA AND FLORA
ADOPTED ON 8 SEPTEMBER
The parties to this
Conscious that the conservation of wild fauna and flora is
essential to the overall maintenance of Africa"s biological diversity and that
wild fauna and flora are essential to the sustainable development of Africa,
Conscious also of the need to reduce and ultimately eliminate illegal trade
in wild fauna and flora,
Recognising that the intense poaching that has
resulted in severe depletion of certain wildlife populations in African States
has been caused by illegal trade, and that poaching will not be curtailed until
such illegal trade is eliminated,
Noting that illegal trade in wild
fauna and flora has been made more sophisticated through the use of superior
technology in transboundary transactions and should be addressed through
commensurate national, regional and international measures,
the provisions of the African Convention on the Conservation of Nature and
Natural Resources (Algiers, 1968), the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (Washington, 1973), and the
Convention on Biological Diversity (Rio de Janeiro, l992),
that States are responsible for the conservation of their wild fauna and
Recognising the need for co-operation among States in law
enforcement to reduce and ultimately eliminate illegal trade in wild fauna and
Recognising also that sharing of information, training,
experience and expertise among States is vital for effective law enforcement to
reduce and ultimately eliminate illegal trade in wild fauna and flora,
Desirous of establishing close co-operation among themselves in order to reduce
and ultimately eliminate illegal trade in wild fauna and flora,
agreed as follows:
For the purposes of this
"Agreement area" means the area comprised of the land, marine
and coastal areas within the limits of national jurisdiction of the Parties to
this Agreement and shall include their air space and internal waters.
"Biological diversity" means the variability among living organisms from all
sources including, inter alia, terrestrial, marine and other aquatic ecosystems,
and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems.
the management of human use of organisms or ecosystems to ensure such use is
sustainable; it also includes protection, maintenance, rehabilitation,
restoration and enhancement.
"Country of original export" means the
country where the specimens originated and from whose territory they depart or
"Country of re-export" means the country from whose
territory specimens depart or have departed and that is not the country of
origin of the specimens.
"Field Officer" means a member of a Government
organisation, department or institution who is employed as a law enforcement
officer with national law enforcement jurisdiction, and who is seconded to the
"Governing Council" means the Governing Council established
under Article 7 of this Agreement.
"Illegal trade" means any
cross-border transaction, or any action in furtherance thereof, in violation of
national laws of a Party to this Agreement for the protection of wild fauna and
"National Bureau" means a governmental entity with the competence
encompassing law enforcement, designated or established by a Party to this
Agreement under Article 6.
"Party" means a State for which this
Agreement has entered into force.
"Specimen" means any animal or plant,
alive or dead, as well as any derivative thereof, of any species of wild fauna
"Task Force" means the Task Force established under Article 5
of this Agreement.
"Wild fauna and flora" means wild species of animals
and plants subject to the respective national laws of the Parties governing
conservation, protection and trade.
objective of this Agreement is to reduce and ultimately eliminate illegal trade
in wild fauna and flora and to establish a permanent Task Force for this
This Agreement shall apply
to the Agreement area as defined in Article 1.
of the Parties
1. The Parties shall, individually and / or jointly, take
appropriate measures in accordance with this Agreement to investigate and
prosecute cases of illegal trade.
2. Each Party shall co-operate with
one another and with the Task Force to ensure the effective implementation of
3. Each Party shall provide the Task Force on a regular
basis with relevant information and scientific data relating to illegal
4. Each Party shall provide the Task Force with technical
assistance relating to its operations, as needed by the Task Force.
Each Party shall accord to the Director, Field Officers and the Intelligence
Officer of the Task Force while engaged in carrying out the functions of the
Task Force in accordance with paragraph 9 of Article 5, the relevant privileges
and immunities, including those specified under paragraph 11 of Article 5.
6. Each Party shall protect information designated as confidential that
becomes available to any of the Parties in connection with the implementation of
this Agreement. Such information shall be used exclusively for the purposes of
implementing this Agreement.
7. Each Party shall encourage public
awareness campaigns aimed at enlisting public support for the objective of this
Agreement, and the said campaigns shall be so designed as to encourage public
reporting of illegal trade.
8. Each Party shall adopt and enforce such
legislative and administrative measures as may be necessary for the purposes of
giving effect to this Agreement.
9. Each Party shall return to the
country of original export or country of re-export any specimen of species of
wild fauna and flora confiscated in the course of illegal trade, provided
(a) the country of original export of the specimen(s) can be
(b) the country of re-export is able to show evidence
that the specimen(s) re-exported were imported by that country in accordance
with the provisions of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora governing import and re-export; and
the costs of returning such specimens of wild fauna and flora are borne by the
country receiving the specimen(s), unless there is an alternative offer to bear
costs to which both the Party returning the specimen(s) and the Party receiving
the specimen(s) agree.
10. Each Party shall pay its contribution to the
budget of the Task Force as determined by the Governing Council.
Each Party shall report to the Governing Council on implementation of its
obligations under this Agreement at intervals as determined by the Governing
1. A Task Force is hereby
established to be known as the Task Force for Co-operative Enforcement
Operations Directed at Illegal Trade in Wild Fauna and Flora.
Task Force shall be composed of a Director, Field Officers and an Intelligence
Officer and such other staff as may be decided by the Governing Council.
3. The Task Force shall include at least one Field Officer seconded by each
Party and approved by the Governing Council. Each Field Officer shall be
appointed to serve for a term of three years, or such other term as may be
determined by the Governing Council. Upon the recommendation of the Director
made in consultation with the Party concerned, the Governing Council may shorten
or increase the term of other Field Officers.
4. The Director shall be
appointed by the Governing Council from among the Field Officers.
Director and other Field Officers shall retain their national law enforcement
authority during their time of service with the Task Force.
appointment of the Director, other Field Officers and the Intelligence Officer,
as well as their terms of service, shall be decided in accordance with rules
established by the Governing Council. The terms and conditions of service of
other support staff as deemed necessary for the functioning of the Task Force
shall also be decided by the Governing Council.
7. The Director shall be
the Chief Executive Officer of the Task Force and shall be accountable to the
Governing Council and responsible for:
(a) appointing other support
staff as deemed necessary for the functioning of the Task Force;
commanding and coordinating the work of the Task Force;
budgets annually or as required by the Governing Council;
implementing policies and decisions agreed by the Governing Council;
providing reports annually and as required by the Governing Council;
arranging for and servicing meetings of the Governing Council; and
performing such other functions as may be determined by the Governing
8. The Task Force shall possess international legal
personality. It shall have in the territory of each Party the legal capacity
required for the performance of its functions under this Agreement. The Task
Force shall in the exercise of its legal personality be represented by the
9. The functions of the Task Force shall be:
facilitate co-operative activities among the National Bureaus in carrying out
investigations pertaining to illegal trade;
(b) to investigate
violations of national laws pertaining to illegal trade, at the request of the
National Bureaus or with the consent of the Parties concerned, and to present to
them evidence gathered during such investigations;
(c) to collect,
process and disseminate information on activities that pertain to illegal trade,
including establishing and maintaining databases;
(d) to provide, upon
request of the Parties concerned, available information related to the return to
the country of original export, or country of re-export, of confiscated wild
fauna and flora; and
(e) to perform such other functions as may be
determined by the Governing Council.
10. In carrying out its functions,
the Task Force, when necessary and appropriate, may use undercover operations,
subject to the consent of the Parties concerned and under conditions agreed with
the said Parties.
11. For the purposes of paragraph 9 of this Article,
the Director, other Field Officers and the Intelligence Officer of the Task
Force shall enjoy, in connection with their official duties and strictly within
the limits of their official capacities, the following privileges and
(a) immunity from arrest, detention, search and seizure, and
legal process of any kind in respect of words spoken or written and all acts
performed by them; they shall continue to be so immune after the completion of
their functions as officials of the Task Force;
(b) inviolability of all
official papers, documents and equipment;
(c) exemption from all visa
requirements and entry restrictions;
(d) protection of free
communication to and from the headquarters of the Task Force;
exemption from currency or exchange restrictions as is accorded representatives
of foreign governments on temporary official missions; and
other privileges and immunities as may be determined by the Governing
12. Privileges and immunities are granted to the Director,
other Field Officers and the Intelligence Officer in the interests of the Task
Force and not for the personal benefit of the individuals themselves. The
Governing Council shall have the right and the duty to waive the immunity of any
official in any case where, in the opinion of the Governing Council, the
immunity would impede the course of justice and it can be waived without
prejudice to the interests of the Task Force.
13. The Task Force shall
not undertake or be involved in any intervention, or activities of a political,
military, religious or racial character.
1. To facilitate the implementation of this Agreement, each Party shall:
(a) designate or establish a governmental entity as its National Bureau;
(b) inform the Depositary, within two months of the date of the entry into
force of the Agreement for this Party, the entity it has designated or
established as its National Bureau; and
(c) inform the Depositary within
one month of any decision to change the designation or establishment of its
2. For the purposes of this Agreement, the functions of
the National Bureaus shall be to:
(a) provide to and receive from the
Task Force information on illegal trade; and
(b) coordinate with the
Task Force on investigations that involve illegal trade.
1. A Governing Council consisting of the Parties to
this Agreement is hereby established to be known as the Governing Council for
Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and
2. Each Party shall send a delegation to the meetings of the
Governing Council and shall be represented on the Governing Council by a
Minister or alternate who shall be the head of the delegation. Because of the
technical nature of the Task Force, Parties should endeavour to include the
following in their delegations:
(a) high ranking officials dealing with
wildlife law enforcement affairs;
(b) officials whose normal duties are
connected with the activities of the Task Force; and
(c) specialists in
the subjects on the agenda.
3. The first meeting of the Governing
Council shall be convened by the Executive Director of the United Nations
Environment Programme not later than three months after the entry into force of
this Agreement. Thereafter, ordinary meetings of the Governing Council shall be
held at regular intervals to be determined by the Council at its first
4. Meetings of the Governing Council will normally be held at
the Seat of the Task Force unless the Council decides otherwise.
Extraordinary meetings of the Governing Council shall be held at such times as
may be determined by the Council, or at the written request of any Party,
provided that such request is supported by at least one third of the Parties
within two months of the request being communicated to them by the Director of
the Task Force.
6. At its first meeting, the Governing Council shall:
(a) by consensus elect its Chairperson and adopt rules of procedure,
including decision-making procedures, which may include specified majorities
required for adoption of particular decisions;
(b) decide the Seat of
the Task Force;
(c) consider and approve the appointment of the
Director, other Field Officers and the Intelligence Officer and decide upon
their terms and conditions of service as well as the terms and conditions of
service of the supporting staff;
(d) adopt terms of reference and
financial and administrative rules of the Task Force; and
and approve an initial budget to establish and operate the Task Force and agree
upon the contributions of each Party to the budget.
7. At ordinary
meetings the Governing Council shall approve a budget for the Task Force and
agree upon the contributions of each Party to the budget.
Governing Council shall determine the general policies of the Task Force and,
for this purpose, shall:
(a) consider the reports submitted by the
(b) upon expiry, termination or renewal of their terms of
service, consider and approve the appointment of the Director, other Field
Officers and the Intelligence Officer.
9. The Governing Council
(a) keep under review the implementation of this Agreement;
(b) consider and undertake any additional action that may be deemed necessary
for the achievement of the objective of this Agreement in the light of
experience gained in its operation; and
(c) consider and adopt, as
required, in accordance with Article 11, amendments to this Agreement.
1. There shall be a budget for the
2. The financial management of the Task Force shall be
governed by the financial rules adopted by the Governing Council.
Governing Council shall determine the mode of payment and currencies of
contributions by the Parties to the budget of the Task Force. Other resources of
the Task Force may include extra budgetary resources such as grants, donations,
funds for projects and programmes and technical assistance.
Parties undertake to pay annually their agreed contributions to the budget of
the Task Force by a specified date as determined by the Governing Council.
5. The Unit of Account in which the budget will be prepared shall be
determined by the Governing Council.
1. The Seat
of the Task Force shall be determined by the Governing Council pursuant to an
offer made by a Party.
2. The Government of the Party in whose territory
the Seat of the Task Force shall be located and the Director acting on behalf of
the Task Force shall conclude a headquarters agreement relating to the legal
capacity of the Task Force and the privileges and immunities of the Task Force,
Director, other Field Officers and the Intelligence Officer, which privileges
and immunities shall not be less than those accorded to diplomatic missions and
their personnel in the host country, and including those privileges and
immunities stipulated in paragraph 11 of Article 5.
3. The Government
aforementioned shall assist the Task Force in the acquisition of affordable
accommodation for its use.
Settlement of Disputes
Any dispute concerning the interpretation or application of this Agreement which
cannot be settled by negotiation, conciliation or other peaceful means may be
referred by any Party thereto to the Governing Council.
2. Where the
Parties fail to settle the dispute the matter shall be submitted to an arbitral
3. The Parties to the dispute shall appoint one arbitrator each;
the arbitrators so appointed shall designate, by mutual consent, a neutral
arbitrator as Chairperson who shall not be a national of any of the Parties to
4. If any of the Parties does not appoint an arbitrator
within three months of the appointment of the first arbitrator, or if the
Chairperson has not been designated within three months of the matter being
referred to arbitration, the Chairperson of the Governing Council shall
designate the arbitrator or the Chairperson or both, as the case may be, within
a further period of three months.
5. The arbitral body shall have
jurisdiction to hear and determine any matter arising from a dispute.
The arbitral body shall determine its own rules of procedure.
Parties to the dispute shall be bound by the arbitral decision.
1. Amendments to the Agreement may be proposed by any
Party and communicated in writing to the Director of the Task Force who shall
transmit the proposals to all Parties. The Director shall also communicate
proposed amendments to the signatories to this Agreement for information.
2. No proposal for amendment shall be considered by the Governing Council
unless it is received by the Director at least one hundred and twenty days
before the opening day of the meeting at which it is to be considered.
3. Amendments to the Agreement shall be adopted at a meeting of the Governing
Council. If all efforts at consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a two-third majority
vote of the Parties present and voting at the meeting. Amendments shall take
effect, with respect to the Parties, on the thirtieth day after their adoption
by the Governing Council. Amendments adopted shall be notified to the Depositary
Signature, Ratification, Acceptance,
Approval or Accession
1. This Agreement shall be open for signature on 9
September 1994 by all African States at the Ministerial Meeting to conclude this
Agreement in Lusaka, and thereafter from 12 September to 12 December 1994 at the
Headquarters of the United Nations Environment Programme in Nairobi, and from 13
December 1994 to 13 March 1995 at the United Nations Headquarters in New
2. This Agreement shall be subject to ratification, acceptance or
3. This Agreement shall remain open for accession by any
African State from the day after the date on which the Agreement is closed for
4. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General of the United
Entry into Force
1. This Agreement shall
enter into force on the sixtieth day after the date of the deposit of the fourth
instrument of ratification, acceptance, approval or accession.
each Party which ratifies, accepts, approves or accedes to this Agreement after
the deposit of the fourth instrument of ratification, acceptance, approval or
accession, this Agreement shall enter into force on the sixtieth day after the
date of deposit by such Party of its instrument of ratification, acceptance,
approval or accession.
1. At any time after
five years from the date on which this Agreement has entered into force for a
Party, that Party may withdraw from the Agreement by giving written notification
to the Depositary.
2. Any such withdrawal shall take place upon the
expiry of one year after the date of its receipt by the Depositary, or on such
later date as may be specified in the notification of the withdrawal provided,
however, that any obligation incurred by the Party prior to its withdrawal shall
remain valid for that Party.
Secretary-General of the United Nations shall assume the functions of Depositary
of this Agreement.
2. The Depositary shall notify all Parties to this
(a) the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Article 12;
designation or establishment of National Bureaus in accordance with Article
(c) the amendments adopted in accordance with Article 11; and
(d) withdrawal in accordance with Article 14.
In witness whereof the
undersigned, being duly authorised thereto by their respective governments, have
signed this Agreement.
Done at Lusaka on this ninth day of September, one
thousand nine hundred and ninety-four.