Final Report of The 5th Session of the Bureau of Ministers Meeting, held in Luanda-Angola from 27- 28 July 2006
FINAL REPORT
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INTRODUCTION
Upon the invitation by the Chairman of the Maritime Organisation of West and Central Africa (MOWCA), His Excellency Luis André Brandao, Minister of Transport of the Republic of Angola, the 5th Session of the Bureau of Ministers was held in Luanda on 27- 28 July 2006.
The meeting took place in the Conference Room of ALVALADE Hotel under the chairmanship of the current Chairman of MOWCA.
PARTICIPANTS
Ministers and Plenipotentiaries representatives of the following member States, members of the Bureau of Ministers attended the meeting:
- Republic of Angola: (Chairman);
- Republic of Senegal: (1st Vice-Chairman)
- Democratic Republic of Congo: (2nd Vice-Chairman);
- Federal Republic of Nigeria: (Rapporteur);
- Republic of Congo: Chairman of the Committee 1 on maritime safety and protection of marine, river and lagoon environment;
- Republic of Gabon: Chairman of the Committee 2 on shipping, auxiliary activities, statistical and economic data.
- Republic of Mali: Chairman of the Committee 3 on Facilitation of transit transport and specific problems of landlocked countries).
The Secretary General of MOWCA took part in the meeting as member of the Bureau.
The following Specialised Organs and Maritime Academies provided the Bureau with technical assistance:
- The Port Management Association of West and Central Africa (PMAWCA)
- The Union of African Shippers’ Council (UASC);
- The Association of African Shipping (3A
- The Regional Maritime Academy of Science and Technology of sea (ARSTM);
- The Regional Maritime Academy of Accra (RMA);
OPENING CEREMONY
The opening ceremony consisted of the following speeches:
- Welcome address by the Chairman of the organising committee
- Statement by the Secretary General of MOWCA
- Speeches and messages by member States, members of the Bureau of Ministers
- Opening speech by the current Chairman of MOWCA
The Chairman of the organising committee of the Session, Mr. Felmeno Mendoça Silva Michel, National Director of Merchant Marine and Port welcomed all the delegations and wished to them a pleasant stay in Republic of Angola. He informed the participants about necessary measures taken to let them feel at home and for the good running of the meeting.
The Secretary General of MOWCA, Mr. Magnus Teye Addico also welcomed all the delegations. Then, he emphasised the importance of the 5th Session of the Bureau of Ministers which must prepare the 13th Ordinary Session of the General Assembly of MOWCA.
To this end, the Bureau of Ministers will mainly examine the Secretary General’s activity report and the report of the MOWCA Experts Committee’s meeting held in Abidjan (Côte d’Ivoire) from 29th to 2nd June 2006.
The Secretary General expressed his warm thanks to all members of the Bureau of Ministers for their effective participation in this session and congratulated the MOWCA current Chairman, His Excellency André Luis Brandao, for the sacrifices done to host the meeting.
Then, Ministers, Plenipotentiaries, Heads of delegations, expressed, through speeches and messages, the full adhesion of their respective countries to the sub-regional maritime cooperation and particularly their support to the implementation of MOWCA projects and programs.
CONSIDERATION OF THE ITEM OF THE AGENDA
Item 1: ADOPTION OF THE AGENDA
On a proposal by the Secretary General, the Bureau of Ministers adopted the draft agenda under document: MOWCA/5B-06/1.
Item 2: ORGANISATION OF WORK
2.1. Working language
The Bureau meetings proceeded in the three working languages of MOWCA. There are: English, French and Portuguese
2.2. Meeting in plenary
Due to constraints of cost and logistics, the Bureau of Ministers proposed that the meetings should be held in plenary
2.3. Working hours
The meetings started in the morning at 9.00 a.m. and broke at 12.30 noon. In the afternoon, they resumed at 2.30 p.m. and ended at 6.00 p.m.
Item 3: SECRETARY GENERAL’S ACTIVITY REPORT
It arises from the Secretary General’s activity report that during 2004/2005 period, the political crisis in the Republic of Côte d’Ivoire, host Nation, had a serious impact on the General Secretariat activities. Nonetheless, the Secretary General made maximum effort in implementing the sub-regional projects and programmes of the Organisation.
Since the 12th Ordinary Session of the General Assembly, the Secretary General activities are based mainly on one hand on the implementation of the decisions of the said session and on the 4th Bureau of Ministers held in Luanda from 22 to 24 March 2005 on the other hand. These are:
- Evaluation of the sub-regional Coast Guard project in collaboration with IMO and a training program in Republic of Korea through KOICA
- Testing of the Sealed Grid System (SGP) on two corridors in the sub-region within the framework of the Almaty Program of Action
- Evaluation of the feasibility study on the Regional Maritime Development Bank
- Implementation of ISPS Code in collaboration with PMAWCA
- Redynamisation of UASC and the relaunching of its activities
- Multimodal transport and logistics in collaboration with UNCTAD
- Draft International Convention on carriage of goods entirely or partially by sea (UNCITRAL) and the need for cooperation between MOWCA and CMI
- Cooperation between Maritime Academies in the sub-region and renewal of their equipments
- Representation of MOWCA at IMO through the Permanent Representative of Angola at IMO approved by the Bureau of Ministers during its 4th Session
- Establishment of cooperation with International Organisations and Development Partners namely: IMO, UNCTAD, Almaty Program of Action, Republic of Korea / KOICA, France, United Kingdom, United States and Canada
- MOWCA representation at the meetings of Specialised Organs, Regional Maritime Academies, IMO, Almaty Program of Action and MOU/Abuja
- Working visits to member States
- Organising MOWCA meetings: General Assembly, Bureau of Ministers, Committee of Experts, Working Groups etc…
In implementing his work program, the Secretary General expressed his deep gratitude for the invaluable support of the Republic of Angola in particular, the Chairman of MOWCA, Honourable André Luis Brandao, Minister of Transport of the Republic of Angola, Honourable Deputy-Minister of Transport and the team of Experts working with the MOWCA Chairman particularly the Chairman of MOWCA Committee of Experts: Dr. Pepe De Gove and Mr. Candido Da Silva, as well as Mr. José Tomas, Executive Secretary of Angolan Shippers’ Council. He also expressed, for their support, his recognition to the member States and the Working Group of the Experts.
He also expressed his deep gratitude to the member States for their support; in particular the Hon Minister of Transport, Hon Innocent Anaky Kobena of the host Nation, Côte d’Ivoire, and his team of Experts.
The Secretary General expressed his deep gratitude to the member States who, during this period, have honoured their financial commitments to the Organisation namely: Angola, Benin, Ghana, Guinea, Mali, Nigeria and Senegal. He also expressed his high appreciation for the efforts being made by other member States to honour their financial commitments.
He also congratulated the Republic of Angola and the Federal Republic of Nigeria for financing their respective Experts to conduct a mission on the feasibility study on Regional Maritime Bank. He congratulated the two Experts for the work done.
The Secretary General further congratulated the Republic of Côte d’Ivoire and the Republic of Senegal for the role played in organising the tests of the Sealed Grid System SGP through the Abidjan – Abuja and Dakar – Niamey corridors. He also congratulates all the States on the two corridors for their technical, financial and logistical support which contributed to the success of these operations. He congratulated the Experts from Côte d’Ivoire and Senegal for drafting the evaluation report on the tests.
The Secretary General expressed his gratitude to the International Partners of MOWCA for their assistance, particularly, IMO, the Republic of Korea, its Embassy in Abidjan and the Korea International Cooperation Agency (KOICA), France, United Kingdom, United States and Canada, for their availability to sustain the implementation of the projects and programs of the Organisation.
The Secretary General seized the opportunity to also convey his congratulations and gratitude to the Representative of MOWCA at IMO, Specialised Organs, the Maritime Academies and to the Staff of MOWCA Secretariat for their availability and their important contribution to the execution of his work program.
The Bureau of Ministers took note of this activity report. All the delegations congratulated the Secretary General for the effort made and the results obtained despite the limited means and the political crisis situation in Côte d’Ivoire, the host country and encouraged him in pursuing his activities.
In addition, the Bureau of Ministers appreciated the support granted to the Secretary General, in particular from the member States, the Chairman, the International Organisation and the Development Partners.
During the debate, the Bureau of Ministers urged to enhancing the cooperation with the Specialised Organs and with other sub-regional organisations such as ECOWAS, UEMOA, CEMAC and CEEAC in order to harmonise the projects and programs and avoid overlapping.
The Bureau of Ministers also recommended organising seminars on the definition and the implementation of maritime and ports sector policies and the facilitation of transit transport in the sub-region.
Decision N° 1/06 relating to the implementation of 2004/2006activity program of the Secretary General
The Bureau of Ministers:
- Appreciates the progress made in the implementation of the work program of the Secretary General since the 12th Ordinary Session of the General Assembly
- Takes note of the contribution made by member States to the running of the Organisation and appreciate their support in the implementation of the projects and programs
- Encourages other member States who have not yet done so to take the necessary measures to honour their commitments vis-à-vis the Organisation
- Congratulates the Republic of Angola, and the Current Chairman, The Honourable André Luis Brandao, Minister of Transport, for the invaluable support given to the Secretary General in the implementation of his work program
- Congratulates the Republic of Côte d’Ivoire, host country, for its support to the General Secretariat despite the crisis situation prevailing in the country;
- Notes the important support given by the International Organisations and Development Partners in implementing the projects and programs
- Calls on the Secretary General to initiate reflection seminars on the definition and implementation of maritime, port and transit transport facilitation policies in the sub-region
- Encourages the Secretary General in his efforts at implementing the projects and programmes of the Organisation
Item 4: REPORT OF MOWCA COMMITTEE MEETING HELD IN ABIDJAN FROM 29 MAY TO 2 JUNE 2006
The Chairman of the Experts Committee, Mr. Candido Da Silva (Angola), presented the Experts Committee meeting report held in Abidjan (Côte d’ivoire) from 29th May to 2nd June 2006 at which seventeen (17) Representatives of member States took part as well as the Specialised Organs and Maritime Academies.
The Chairman of Experts Committee seized the occasion to thank the current Chairman of MOWCA, the Secretary General and the Ivorian Government for their support to the meeting of Experts and all member States, Specialised Organs, Chairmen of Commissions and Maritime Academies as well as Experts of MOWCA projects for their participation and their significant contribution during the deliberation of Experts Committee meeting.
Item 5: CONSIDERATION OF THE RECOMMENDATIONS OF THE EXPERTS COMMITTEE
5.1.1. Integrated Sub-Regional Coast Guard Network
to provide economies of scale in the provision of coastguard duties along the entire West and Central African Coastline. It will facilitate the implementation of IMO conventions and Codes related, among others, to suppression of armed robbery, piracy and other illicit acts against ships (SUA Convention), Maritime Security and Safety (SOLAS and ISPS Code), Marine Pollution (MARPOL), Search and Rescue (SAR Convention).
The project was approved by the General Assembly of Ministers of Transport of MOWCA and by the International Maritime Organization (IMO).
The Bureau of Ministers has approved during its 4th Session:
- the division of the sub-region into four (4) maritime zones;
- the creation of four (4) Coordinating Centres;
- the designation of a Principal Coordinating Centre at a later date.
In addition, the Bureau of Ministers has requested the conduct of a feasibility study on the Sub-regional Integrated Coast Guard Network.
Within the framework of its cooperation with MOWCA, the Republic of Korea has offered a programme of assistance to the Organisation through its Korea International Cooperation Agency (KOICA) that permitted among others,
- training course for thirty-four (34) Experts in the sub-region in Korea during April/May 2005
- donation of five (5) vehicles for the Coast Guard Coordinating Centres and to the Secretariat;
In the effort to implement the above recommendations of the Bureau of Ministers, the Secretary General did a presentation on the Integrated Sub-regional Coast Guard Network project during the IMO meetings in May and in November 2005.
Following these presentations, IMO assigned two consultants (from France and Canada) to conduct the said feasibility study on the sub-regional Coast Guard network from 8th to 30th January 2006 through the following six (6) MOWCA member States: Senegal, Côte d’Ivoire, Ghana, Nigeria, Congo, Angola.
Due to the political crisis in Côte d’Ivoire which had affected flights, the Experts could not go to Congo from Nigeria. However, one of the experts had some information on Congo which made it possible for data on Congo to be included in the study.
The consultants presented, on 15th February 2006, their assessment report on the project and have made the following observations and recommendations:
- Presently, Coast Guards of countries in the sub-region have very limited facilities and therefore do not appear adequately equipped to operate beyond their coastal zones.
- Presently, it is not feasible to build an integrated network on the existing facilities and structures.
- The Consultants recommended
- the implementation of an Integrated Sub-regional Coast Guard by the creation of a multi-national body that can operate in the waters of several States;
- that the Integrated Sub-regional Coast Guard is coordinated by the Council of Ministers
- the division of the sub-region into four (4) maritime zones;
- that each zone needs a minimum level of resources in order to conduct operations
- a draft convention to give effect to the establishment of the consigned body.
The Committee of Experts held in Abidjan from 29th May to 2nd June 2006, generally agreed with the findings contained in the Evaluation and Assessment Report of the IMO consultants on the Coast Guard project. However, the Experts disagreed with the recommendation to adopt a Convention to create a multinational body on the coast guard for the sub-region.
The Experts recommended the adoption of a Memorandum of Understanding for the establishment of the sub-regional coast guard network relying on the Abuja MOU as a precedent.
The MOU shall contain four (4) parts as follows:
Part 1: Establishment of a national Coast Guard by each individual member State of MOWCA.
Part 2.: Detailed Principles for Regional Cooperation in the area of coast guard .
Part 3. Establishment of Integrated Coast Guard Network embodying the MOWCA model that is:
- Division of the sub-region into 4 maritime zones,
- Establishment of 4 zonal coordinating centres, and
- Establishment of 1 principal coordinating centre
Part 4: Implementation of relevant conventions of IMO such as SUA Convention.
The meeting set up a working group to produce a draft MOU to be submitted to the Secretary General for the attention of the Bureau of Ministers.
The Bureau of Ministers reaffirmed the interest of the project of the integrated sub-regional Coast Guard Network and congratulated the Secretary General of IMO and MOWCA Experts Committee for their contributions and the relevant recommendations which were made;
The Bureau of Minister recommended drafting of the Memorandum of Understanding on the integrated sub-regional Coast Guard Network for its adoption during it 13th Ordinary Session of the General Assembly.
Decision N° 2/06 relating to the Sub-regional Integrated Coast Guard Network
The Bureau of Ministers:
- Appreciates the efforts made by MOWCA and IMO for implementing a Coast Guard in West and Central Africa;
- Recommends with the view for its adoption by the General Assembly, a draft MOU on Integrated Sub-regional Coast Guard with the contribution of the member States. The draft MOU should define the objectives of the integrated coast guard network including conditions for hosting the 4 zonal coordinating centres and the principal coordinating centre by member States ;
- Approves the convocation of MOWCA/IMO meeting within the framework of the 13th Ordinary Session of the General Assembly of Ministers schedule to take place in Dakar from 23 to 27 October 2006 to adopt the Memorandum of Understanding and finalise arrangements for the implementation of the sub-regional integrated coast guard network
- Invites the Secretary General to forward, soon after the 5th Bureau meeting to the member States the terms of reference and the detailed program on MOWCA/IMO meeting
- Calls on the Secretary General to convene, following the adoption of Memorandum, the meeting of Donors for the implementation of the Sub-regional Coast Guard.
- Agrees to convene in Abidjan at a date to be confirmed an Extraordinary Session of the Bureau to consider and approve the draft MOU, before the 13th Ordinary Session of the General Assembly.
5.5.2.. Implementation of IMO Conventions: ISPS code
The Bureau of Ministers took note of the Secretary General’s report on the implementation of the ISPS Code in the sub-region by the efforts made by PMAWCA;
To date, seventeen (17) Coastal member States of MOWCA have implemented the ISPS Code leaving three members States: Guinea Bissau, Mauritania and Sierra Leone.
The Bureau of Ministers expressed its appreciation for the progress made in the implementation of ISPS Code in the sub-region
Decision N° 3/06 relating to the implementation ISPS Code
The Bureau of Ministers:
- Takes note of the implementation of ISPS Code in the sub-region.
- Appreciates the effort of PMAWCA which permitted the implementation of ISPS Code in most member States.
- Encourages the Coastal member States which have not yet done so, to take the necessary measures for the implementation of the ISPS Code and those who have implemented the code, should make effort to meet and improve on the standard.
5.5.3.. .Linkage between MDG’s and IMO’s ITCP against poverty (presentation)
The Bureau of Ministers took note of the presentation made on the theme “Achieving Millennium Development Goals through the Integrated Technical Cooperation program.”
Following the presentation, the Millennium Development project to be achieved by 2015 encompasses 8 goals. Five of those goals have a link with maritime transport:
- MDG1: Eradication of extreme poverty and hunger
- MDG3: Promote gender equality and empower women
- MDG6: Combat HIV/AIDS, Malaria and other diseases
- MDG7: Ensure environmental sustainability
- MDG8: Developing a global partnership for development
The contribution of IMO to the Millennium Development Goals is done through various ways such as: regulation, environmental policy and promotion.
Two main targets to be achieved by 2015 concerning the maritime industry are:
- Target 1: to reduce maritime poverty by half
- Target 2: to reduce the freight rate differential between developed and developing countries by 50%.
The Bureau of Ministers, highly appreciated this presentation, requested the Secretary General in connection with the MOWCA Representative at IMO, to follow up the questions related to the MDG and to inform member States thereon
Decision N° 4/06 relating to the linkage between the MDG & ITCP/IMO against poverty in the sub-region
The Bureau of Ministers exhorts MOWCA member States to assure that for the maritime sector, the objectives and indicators aiming at the reduction of poverty are built-in in the national and regional programs and strategies
5.5.5.. Information and Communication Centre
The aim of the project is to create a centralized regional database and data interchange system linking all the member States of MOWCA and which will be accessible to the general maritime industry, through the use of internet and intranet technology.
The Secretary General has launched the implementation of Information and Communication Centre through the following website: www.marineafric.com. Côte d’Ivoire, the host country, committed itself to provide to MOWCA an adequate office accommodation for the effective installation of the Information and Communication Centre.
Within the framework of its assistance to MOWCA, the Republic of Korea through the Korea International Cooperation Agency (KOICA), donated to the Secretariat four (4) computers and four (4) servers for the Information and Communication Centre.
The Secretary General also informed the Bureau of Ministers about the appreciable efforts of the Republic of Congo in putting in place its Information and Communication Centre with the view to ensuring its coordination with the Centre of Information and Coordination of MOWCA.
The Bureau of Ministers reaffirmed the interest of MOWCA Information and Communication Centre and congratulated the Secretary General for the progress made for the implementation of the project.
The Bureau of Ministers urged member State to give their support to the establishment of the Information and Communication Centre by providing the Centre with a regular port statistics and other economic data.
Decision N°5/06 relating to the Centre of Information and Communication
The Bureau of Ministers:
- Authorises the Secretary General to recruit a Director for the Information and Communication Centre.
- Calls on the Secretary General to initiate a workshop for the Experts in Information Technology in order to harmonize the System and the statistics with the view to putting in place a data base for the sub-region.
- Appreciates and encourage the efforts ongoing at the level of member States to put in place their Information and Communication Centres.
- Appreciates the efforts of the Secretariat Geneal to create a data base for the members States and requests the member States to provide the necessary information
Item 5.2. DEVELOPMENT OF MARITIME TRANSPORT SERVICES IN THE SUB-REGION
5.2.1. Situation of Coastal Shipping Services
to develop maritime services particularly the Coastal Shipping Services, approved by MOWCA, two private companies had been set up: ECOMARINE and SATOMAR.
It arises from the Secretary General’s report that ECOMARINE is functioning but yet to breakeven and SATOMAR is virtually inoperational.
The discussions underlined the necessity of the political support from the member States and support from the ports. The ports should grant preferential tariffs to the sub-regional shipping lines to progressively improve their capacity.
The Bureau of Ministers exchanged views on the development of the coastal shipping services which is important for the promotion of the intra-regional trade and economic integration of member States.
In this respect, the Bureau of Ministers was pleased with the existing of the bilateral agreements between merchant marine in the sub-region and which could be extended to the other member States.
The Bureau of Ministers authorised the Secretary General to convene an Experts meeting to define the suitable framework of the coastal shipping service in the sub-region
Decision N° 6/06 relating to cabotage
The Bureau of Ministers:
- Takes note of the report of ECOMARINE and SATOMAR on the coastal shipping services being offered by them as well as their programs of actions.
- Pushes member States to express a protectionist political willingness to support coastal shipping service development in the sub-region as that is done at UEMOA where a protecting mechanism for this sector exists.
- Urges member States to take necessary measures toward the implementation of sub-regional cabotage services of which there are existing national laws in area.
- Encourages the member States and ports in the sub-region to support coastal shipping companies namely, through political assistance and the grant of preferential tariffs.
- Invites the Secretary General to conduct a study on development of cabotage policy in the sub-region, to be supported and co-financed by ports through PMAWCA
5.2.2. Issues relating to EWATA Conference
The Bureau of Minister took not of the Secretary General’s report on the concern of member States in the face of freight rate increases, effected by the member Lines of the Conference EWATA without the expected negotiations with its African Partners.
In this regard, the Secretary General initiated consultation meetings with UASC. It was noted that the European Commission envisaged the dissolution of EWATA.
While waiting for the decision of the European Commission, the consultation meeting invited UASC to take all necessary action to protect the interests of Shippers of the sub-region.
On looking above, the Bureau of Ministers, after exchanges of views, urged the Secretary General to convene a meeting with the European Union and the World Bank, if possible before the 13th Ordinary Session of the General Assembly of Ministers with a view to discussing the problem of Ewata.
Decision N° 7/06 on issues relating to EWATA Conference
The Bureau of Ministers:
- Urges the Secretary General, in collaboration with the current Chairman, the Secretary General of UASC, the Federal Republic of Nigeria and the Republic of Senegal to convene a meeting with the European Union and World Bank in order to among others, consider the issue of EWATA
- Calls on Secretary General of UASC in collaboration with the Secretary General of MOWCA to take the necessary initiatives to protect the interests of Shippers in the sub-region.
5.2.3. Multimodal Transport
The Secretary General recalled the Bureau of Ministers that during the UNCTAD meeting on Multimodal Transport and Logistics, chaired by the Secretary General of MOWCA in September 2003, the member States of UNCTAD had made the following observations and recommendations:
- Multimodal transport and logistics are not institutionalised in most developing countries due to the lack of appropriate structures;
- A number of obstacles in the way of transit transport acted to restrain the efficient functioning of multimodal transport and door to door concept;
- Multimodal transport services are provided mainly by foreign companies due to their monopolistic operations and due to the lack of local investors in this sector;
- The 1980 International Convention on multimodal transport has not yet come into effect as a result of the differences between maritime laws in many countries;
- Invite developing countries to take necessary actions to remove the obstacles in the way of provision of multimodal transport services;
- Encourage the member States to take necessary actions to implement the Multimodal Transport Convention.
Following this report, the Bureau of Ministers reaffirmed the interest of the sub-region for multimodal transport which must participate in the safety as well as the facilitation and in the development of international and intra-regional trade.
Thus, the Bureau of Ministers urged the Secretary General to convene a meeting of the Working Group to examine the Multimodal Transport Convention with the view to recommend its ratification by member States.
Decision N° 8/06 relating to multimodal transport
The Bureau of Ministers:
- Appreciates the UNCTAD report on multimodal transport and logistics as well as the conclusions and recommendations.
- Appreciates the effort of MOWCA in removing obstacles to transit transport through the implementation of the Sealed Grid System project.
- Calls on investors and the economic operators to support and to develop multimodal transport and logistic services in the sub-region.
- Calls on the Secretary General to convene a meeting of the Working Group to examine the multimodal transport Convention in order to recommend its ratification by member States at the level of UNCTAD.
5.2.4. . UNCITRAL Convention
The Bureau of Ministers took note of the presentation of the Secretary General on negotiations are on going at the level of the United Nations Commission on International Trade Law (UNICITRAL) in order to adopt a new convention on carriage of goods wholly or partially by sea. This Convention would replace the 1978 Convention called the Hamburg Rules.
It arises from this presentation that most of the questions under discussion at the negotiations have already been examined in the framework of the Comité Maritime International (CMI), a private organisation constituted by National Maritime Law Associations. Currently Nigeria is the only country of the sub-region member of CMI.
Moreover, the Bureau of Ministers was informed of the consultation meeting initiated by the Nigerian Shippers’ Council and Nigerian Maritime Law Association in collaboration with MOWCA, it had been recommended to encourage the establishment of National Associations of Maritime Lawyers in the member States of MOWCA. These Associations would be coordinated at the sub-regional level by a Committee of Maritime Lawyers to create at the level of MOWCA.
The Bureau of Ministers also took note of the report of Senegal on the conclusion of 17th Session of UNCITRAL held in New York from 3 to 13 April 2006 on the said draft convention on carriage of goods by sea.
Following these presentations, the Bureau of Ministers congratulated the Governments of the Republic of Senegal and Federal Republic of Nigeria for their contribution with respect to the commune position in the sub-region during the negotiations on the draft Convention on carriage of goods fully or partially by sea
Decision N° 9/06 relating to International Convention on carriage of goods by sea (UNCITRAL
The Bureau of Ministers:
- Appreciates the effort of the Secretary General, the Nigerian Shippers’ Council and the Nigerian Maritime Law Association for the development of sub-regional cooperation in the area of maritime Law.
- Encourages the formation of National Maritime Law Associations in member States.
- Invites the Secretary General to put in place a sub-regional Committee on Maritime Law in charge, among others, of the coordination of National Maritime Law Associations of MOWCA member States.
- Invites the Secretary General to take necessary initiatives to examine the draft International Convention on carriage of goods fully or partially by sea currently on going at the UNICITRAL at sub-regional level with the view to protect the interests of the sub-region at these negotiations This will be done in collaboration with the Nigeria, Senegal and Gabon before the realisation of the 13th General Assembly
Item 5.3.
5.3.1. Sealed Grid System (SGP) for safe transport of goods in transit/Almaty Program of Action
Sealed Grid System Project approved by MOWCA through Resolution No 187/11/01 at the 11th Ordinary Session of the General Assembly of Ministers held in Abuja, June 2001. The System consists of a metallic or sisal net, or of synthetic or semi-reinforced synthetic net, stretched over a vehicle to be sealed by the customs.
The implementation of the Sealed Grid System (SGP) is expected to simplify and facilitate transport of goods in transit through borders as recommended by relevant International Conventions, namely ISRT/ECOWAS Convention as well as the Almaty Program of Action.
The Ministers of Transport recommended that the Sealed Grid System (SGP) is tested along various corridors in West and Central Africa to check its reliability and its contribution to customs sealing as well as the safety of goods in transit.
The tests of the Sealed Grid System have been organised on two corridors: Abidjan – Abuja in August 2005 and Dakar – Niamey in February 2006 with the assistance of Côte d’Ivoire and Senegal with logistic support of the other member Countries on the two corridors.
The Evaluation report produced by two Experts provided by Côte d’Ivoire and Senegal indicates that the member States are ready to implement the Sealed Grid System.
During the testing operation, members States showed their availability to implement SGP for the fluidity of transit transports and trade in the sub-region.
The Bureau of Ministers highly appreciated the provisions taken for organising the confidence test of the Sealed Grid System and encouraging results obtained;
In this respect, the Bureau of Ministers congratulated the Secretary General, members States of the corridors and all partners concerned for their important contribution.
The Bureau of Ministers recommended a conference of sponsors in order to accelerate the implementation of the Sealed Grid System
Decision N° 10/06 relating to the report of Sealed Grid System for the safe transportation of transit goods
The Bureau of Ministers:
- Thanks the member States in particular Côte d’Ivoire, Nigeria and Senegal, the Secretary General, the Shippers’ Councils, Promoters and Experts, for their availability and their respective contribution that permitted the satisfactory organisation of the reliability test of the Sealed Grid System.
- Calls on the Secretary General, Promoters and Shippers’ Councils to take necessary actions to organise a test of SGP through the Pointe Noire-Cabinda corridor noting that most of the corridors in Central Africa are not secure or useable.
- Urges the Secretary General to Invite the, economic Operators, Insurers, Traders, Banks and Transporters to use or support the Sealed Grid System.
- Urges the member States in particular their relevant Administrations and those responsible for road transport, Chamber of Commerce, Customs and interested sub-regional institutions to facilitate the implementation of the Sealed Grid System.
- Invites investors to create enterprises to offer services of the Grid with the view to efficiently implementing the Sealed Grid System notably to ensure the fluidity and security of transport of inter-State trade in the sub-region.
- Calls on the member States to designate their respective national guarantors in accordance with ISRT/TIR Convention.
- Calls on the Secretary General to organise a round table as soon as possible on the practical implementation of the Sealed Grid System.
- Appreciates the steps taken by the Secretary General to integrate the Sealed Grid System into the Almaty Programme of Action and called on him to regularly inform the member States on development in the implementation of the Almaty Program..
Item 5.4. REGIONAL MARITIME BANK
The Secretary General recalled that based on the Regional Maritime Fund and a large capital outlay of the maritime institutions and ports of the sub-region, MOWCA is in a position to establish a Regional Maritime Bank to provide a solid support to maritime and port sector development as well as to transit transport development in the sub-region. It would therefore be a Development Bank.
The project to create a Regional Maritime Bank had been approved by MOWCA. To this effect, the Bureau of Ministers requested for a feasibility study to be conducted on the Bank by two Experts: from Angola and Nigeria. The Experts report shows the feasibility of the Regional Maritime Bank with the assistance of the maritime Community of the sub-region.
The Bureau of Ministers reaffirmed the interest for the sub-regional to have a Regional Maritime Bank and congratulated the Secretary General, the Federal Republic of Nigeria, the Republic of Angola, the member States and the Expert of the project for their contributions which allowed the progress made in the implementation of this important project.
The Bureau of Ministers exhorted the Secretary General to pursue necessary initiatives for the participation of all members States in the establishment of the Regional Maritime Bank.
Decision N° 11/06 relating to Regional Maritime Bank
The Bureau of Ministers:
- Thanks the member States, in particular, Angola and Nigeria as well as the Experts of the project for their contributions which permitted the feasibility study on the Regional Maritime Bank to be carried out.
- Invites the Secretary General to convene a meeting of the Working Group to examine, with a view to recommending the adoption of the Report of Experts leading to the realisation of the Regional Maritime Bank.
- Calls on members States to set up a political and commercial lobbying to support the project.
Item 5.5.: ADMINISTRATIVE AND FINANCIAL MATTERS
- Situation of General Secretariat
The Bureau of Ministers took note, following the Secretary General report, that the political crisis in the host country, Republic of Côte d’Ivoire since 2002, has had serious effects on the activities of the General Secretariat of the Organisation.
However, thanks to the support from Ivorian Authorities, particularly the Minister of Transport, the Secretary General continued the execution of his work program
The Bureau of Ministers renewed MOWCA thanks to the Ivorian Government for the support brought to the Secretary General despite the crisis situation and expressed the warm wish of the Organisation for the return of peace in Côte d’Ivoire
Reinforcement of the Secretariat
Within the framework of the Conditions of Service and with the view to reinforce the Secretariat, the Secretary General proposed the recruitment of Personnel to the following positions:
- one Technical Director
- one Director for the Information and Communication Centre
- one Administrative and Financial director
- one Public Affairs Officer (Bilingual)
Decision N° 12/06 relating to situation of the General Secretariat and to the reinforcement of the Secretariat
The Bureau of Ministers:
- Takes note of the report of the Secretary General on the state of implementation of recommendations of the Bureau of Ministers.
- Appreciates the efforts made and congratulate the Secretary General for the execution of his work program despite the crisis situation in the host country.
- Approves the proposal of the Secretary General for the recruitment of officers to reinforce the Secretariat.
- Renews the gratitude of MOWCA to the Ivorian Government for its support to the Organisation and the sincere wish of MOWCA for peace to return to Côte d’Ivoire.
5.5.2. Celebration of the 30th Anniversary of MOWCA
Conforming to decision made during the 4th Session, the Bureau of Minister approved that the 13th Ordinary Session of the General Assembly of Ministers of OMAOC, scheduled to take place this year in Senegal, will be the occasion to celebrate the 30th Anniversary of the Organisation.
The Bureau of Ministers also approved to give awards in the following categories:
- FIRST CATEGORY; Founding fathers
- SECOND CATEGORY: All Past Chairmen
- THIRD CATEGORY: All Past Secretary Generals
- FORTH CATEGORY: All Past Chairmen of Experts Committee
- FIFTH CATEGORY: All Past Secretary Generals and Directors of Specialized
Organs and Academies
- SIXTH CATEGORY: Key Experts chosen among the member States
- SEVENTH CATEGORY: Long serving staff of MOWCA
- EIGHTH CATEGORY: Industrial Awards
- NINTH CATEGORY: International awards :
- TENTH CATEGORY: Special Awards
Decision N° 13/06 relating to the celebration of the 30th Anniversary of MOWCA
The Bureau of Ministers:
- Approves the Secretary General’s proposal.
- Appreciates the availability of the Republic of Senegal to host the 30th Anniversary of MOWCA with the 13th Ordinary Session of the General Assembly of Ministers of the Organisation.
5.5.4.. Work program and budgets for 2007/2008
The Bureau of Ministers took note of the Financial Report of General Secretariat for the financial years 2004/2005 under the document OMAOC/5B.06/5.5.3.
The Bureau of Ministers, after exchanges of views, congratulated the Secretary General for the efforts made despite difficulties encountered in the financing of the its activities.
Then, on a proposal of the Secretary General, the Bureau of Ministers approved the Work Program 2007/2008 under the document OMAOC/5B.06/5.5.4.
Decision N° 14/06 relating to Audit & Financial report
The Bureau of Ministers:
- Approves the work program 2007-2008 of the General Secretariat
- Takes note of the appropriation of 899.584.524 CFA F for 2007 and an appropriation of 884.267.777 CFA F for 2008;
- Agrees to the financing of the appropriation from (a) the Regional Maritime Fund adopted by the General Assembly of Ministers and which took effect from 1st January 2001; (b) payment of arrears on contribution by member States (c) project support financing and other voluntary contributions from donor agencies and Partners;
- Takes note of the Auditors report for the financial years 2004/2005 and recommends its to the General Assembly with the pronunciation of member States
INSTITUTIONAL MATTERS
5.6.1.Observer Status
The Bureau of Ministers took note of the Secretary General’s report on the relation between MOWCA and the General Secretariat of Memorandum of Understanding on Ports States control (MOU/Abuja).
It raised from this report that the MOU/Abuja Secretary General in a letter dated 28th October 2005, addressed to MOWCA General Secretariat, made a formal request for an observer status for the MOU at MOWCA meetings following the conclusions of the Ad Hoc Committee put in place during the 4th meeting of Bureau of Ministers and coordinated by Angola, the Secretary General of Abuja/MOU,
The Bureau of Ministers congratulated the Secretary General and the members of the Ad Hoc Committee for initiatives taken and approved the request for an observer status for the MOU/Abuja.
Decision N° 15/06 relating to observer status of Abuja/MOU
The Bureau of Ministers approves the request for an Observer Status by Abuja/MOU.
e United Nations Commission on International Trade Law (UNCITRAL) has confirmed by letter dated 29th March 2006 its willingness to grant to MOWCA an Observer Status.
The 17th Session of UNCITRAL held in New York from 3rd to 13th April 2006 had as part of its agenda the examination of the draft International Convention on carriage of goods wholly or partially by sea; this Convention would replace the 1978 Convention on the Hamburg Rules.
The Bureau of Ministers, having recognised the importance of the role of UNCITRAL in the promotion of international trade, recommended the reciprocity of an observer status with MOWCA.
Decision N° 16/06 relating to observer status of UNCITRAL
The Bureau of Ministers:
(i) Appreciates the importance of the role of UNCITRAL in the promotion of international trade;
(ii) Recommends a reciprocal observer Status between MOWCA and UNCITRAL to reinforce their cooperation in the field of International Trade Law;
5.6.1.3. Amendment to the article 5 of the Rules of Procedure of MOWCA relating to the composition of Bureau of Ministers
The Bureau of Ministers is invited to consider, for approval, the below amendment proposal to the Article 5 of the Rules of Procedure, in view to admit as “permanent member of the Bureau of Ministers” the Headquarters country of the Organisation
According to the defined attribution to article 6 of the Rules of Procedure, it would be indicated like other international institutions, to include the headquarters country of the Organisation into the composition of the Bureau of Ministers in his capacity as:
- Direct supervision of the Organisation through the Ministries of Foreign Affairs and Transport in charge of Merchant Marine
- Assuming the diplomatic status of the Organisation
- Responsible for infrastructures and logistic support to the General Secretariat of the Organisation
- The closest Authority to follow up activities and needs of General Secretariat
Furthermore, if he is member of the Bureau of Ministers, the headquarters country will be obliged to give example, among the others, through regular payment of his obligations to the Organisation and also with an adequate environment to the General Secretariat which needs the best working conditions of service for the effective implementation for its activity program.
The Bureau of Ministers is institutionalised by article 5 and its attributions are defined in article 6 of the Rules of Procedure of the Organisation
3.1. The Composition of the Bureau
The Bureau of Ministers, in accordance with article 5 of the Rules of Procedure comprises currently seven (7) members countries as follows:
- Chairman :
- 1st r Vice-Chairman :
- 2nd Vice-Chairman :
- Rapporteur :
- Three (3) Chairmen of the Specialised Commissions
- Chairman of Commission 1: on Maritime Safety and Protection of Marine, Lagoon and River Environment;
- Chairman of Commission 2 on Shipping, Ancillary Activities and Statistic and Economic Data;
- Chairman of Commission 3 on Facilitation of transport and specific problems of landlocked countries.
The Secretary General of MOWCA is also member of the Bureau of Ministers
The Maritime Academies and Specialised Organs of MOWCA system provide their technical support to the Bureau of Ministers and then participate in the meeting.
3.2. Attribution of the Bureau
In accordance with article 6 of the Rule of Procedure of the Organisation, the Bureau of Ministers of MOWCA is in charge between the periods of the Ordinary Session of the General Assembly:
- monitoring the execution of the decisions of the General Assembly;
- assisting the Secretary General in implementing the decisions of the General Assembly;
- serving as the consultative body, of first resort, for the specific duties entrusted to the Secretary General;
- proposing pinpoint solutions to the problems facing the Organisation, within the scope of the decisions made by the General Assembly.
To this regard, the Bureau of Ministers meets twice per year to review all the institutional, organisational and financial matters of the Organisation placed on its agenda by the Secretary General.
The Secretary General shall submit, to the Bureau, the reports and recommendations of the Specialised Organs, the Specialised Commissions and the Regional Maritime Academies, for information, and decision where necessary.
Decision N° 17/06 relating to the amendment of article 5 of the Rules of Procedure of MOWCA relating to the Bureau of Ministers
The Bureau of Ministers:
- Approves the Secretary General proposal to the amendment of article 5 of the Rules of Procedure of MOWCA relating to the composition of the Bureau of Ministers in order to admit the Host country of the Organisation as member of Bureau;