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Act No. 2014-04 February 03, 2014

Original Language Title: Loi n° 2014-04 du 03 février 2014

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LAW

Law No. 2014-04 of February 03, 2014
Law n ° 2014-04 of 03 February 2014 authorising the President of the Republic to ratify the Convention establishing, the Panafrican Agency of the Great Wall Verte, adopted by the Conference of Heads of State and Government of the Community of Sahelo-Saharan States (CEN-SAD) in Ndjamena, 17 June 2010.


EXPOSE REASONS

In order to deal with the consequences of climate change, one of the main challenges of the 21st century, and referring to the project to build a Great Green Wall in Dakar, Djibouti, the Conference of Heads of State and Government The Community of Sahelo-Saharan States adopted, on 17 June 2005, in N' Djamena, Chad, the Convention establishing the Panafrican Agency laGrande Muraille Verte.

The Agency's mission is to coordinate and track a green barrier to protect against the advance of the desert and to contribute to sustainable development on the Sahelo-Saharan band between 100 and 400 mm isohyetes over a distance At least 7000 km long and 15 km wide, linking Dakar and Djibouti.

The Agency is thus in charge, in relation to the Member States, the African Union, NEPAD and CEN-SAD to coordinate, monitor and evaluate all activities relating to the Verte Great Wall and to mobilise the necessary resources for its Operation.

Within the framework of the implementation of this Convention, the Agency shall be represented in each country by a national structure established in accordance with its internal laws and regulations, with the task of contributing to the implementation of this project Pan African.

The Agency consists of four (4) bodies:

-the Conference of Heads of State and Government;
-the Council of Ministers
-the Executive Secretariat and
-Committee of Experts.

The Agency shall carry out its budget consisting of statutory and voluntary contributions from States, contributions from technical and financial partners as well as donations and bequests, grants and financial support of natural or legal persons African or foreign.

This Convention shall enter into force thirty days after the deposit of the sixth instrument of ratification.

Senegal has played a leading role in the design of this project, which is one of the important reflections of the pan-African policy of the Head of State.
Senegal, by ratifying the Convention, is committed to strengthening its leadership in this area.

This is the economy of this bill.



The National Assembly adopted, at its meeting on Friday 24 January 2014,
The President of the Republic enacts the following legislation:

Sole Article. -The President of the Republic is authorized to ratify the Convention establishing the Pan-African Great Wall Agency, adopted by the Conference of Heads of State and Government of the Community of Sahelo-Saharan States (CEN-SAD) to Ndjamena, June 17, 2010.

This Law shall be enforced as the law of the State.

Done at Dakar, February 03, 2014.


Macky SALL.

By the President of the Republic:


The Prime Minister,
Aminata TOUR


CONVENTION ESTABLISHING THE PAN-AFRICAN AGENCY OF THE GREAT GREEN WALL

The undersigned African Sahelo-Saharan states,

-Burkina Faso;
-the Republic of Djibouti
The State of Eritrea;
-Ethiopia's Federal Democratic Republic;
-the Republic of Mali
-the Islamic Republic of Mauritania
The Republic of Niger;
The Federal Republic of Nigeria;
-the Republic of Senegal:
The Republic of Sudan;
The Republic of Chad;

Given the United Nations Framework Convention on Climate Change, signed at Rio de Janeiro on 5 June 1992;
Given the Convention on Biological Diversity, signed at Rio de Janeiro on 5 June 1992;
Given the United Nations Convention on Combating Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, signed in Paris on 17 June 1994;
In view of Declaration 137 (VIII) of the 8th Ordinary Session of the Conference of Heads of State and Government of the African Union held on 29 and 30 January 2007 in Addis Ababa (Ethiopia) approving the Initiative " Great Green Wall ";
CONSIDERING the Constitutive Act of the African Union, adopted in Lomé on 12 July 2000 and the new vision created by the New Partnership for Africa's Development (NEPAD) for the sustainable development of Africa;
CONSIDERING the need to bring together all the forces of the Sahelo-Saharan countries with the support of the International Community, to enhance the desert;
CONVAINCUS that by organizing and using all current scientific and technical knowledge, the World Community can halt the progress of the desert and enhance natural resources;
CONVAINCUS of the need for a new approach federating the efforts of African states, their populations and their development partners to stop desertification;
PREOCCUPATIONS by the multiple challenges of sustainable development faced by the Saharan Sahelian community;
FACE to the multiple challenges of sustainable development and the imperative need to develop a strategic framework for action on climate change, desertification, biodiversity and sustainable development;
TO THE ESPRIT the objectives assigned to the Community of Sahelo-Saharan States by the Constitutive Treaty of 4 February 1998;
REFERENCE to the idea of the construction of a Great Green Wall in Dakar, Djibouti, approved by the Conference of Leaders and Heads of State of the Community of Sahelio-Saharan States (CEN-SAD), at its 7th ordinary session, Ouagadougou, Burkina Faso, on 1 and 2 June 2005;
CONSCIENTS that sustainable economic growth, social development and poverty reduction are priorities for the Sahelian countries;
CONSCIENTS of the importance of the Great Green Wall initiative to combat desertification, poverty, food insecurity and the restoration of degraded areas and the clean development mechanism.
Agree to the following:

Article 1. -Definitions

For the purposes of this Agreement, the following terms mean:

Convention: Convention establishing the Panafrican Agency of the Great Wall Verte (AGMV);
-Sahelian Saharan countries: Burkina Faso, the Republic of Eritrea, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Mali, the Islamic Republic of Mauritania, the Republic of Niger, the Federal Republic of Nigeria, the Republic of Senegal, the Republic of Sudan, the Republic of Chad;
-Conference of Heads of State and Government: Conference of Heads of State and Government of the Member States of the AGMV;
-Council of Ministers: Council of Ministers responsible for the environment of the member states of the AGM;
-Executive Secretariat: Executive Secretariat of the AGMV;
-Executive Secretary: Executive Secretary of the AGM;
-Technical Committee of Experts: Technical Committee of Experts established pursuant to Article 6.4 of the
Pre-sente Convention;
-Member State: member of this Convention.

Article 2. -Principles

The Member States reaffirm their commitment to the following principles:

-the sovereign equality of all member states;
-non-interference in the internal affairs of the Member States;
-the mutual and equitable distribution of benefits arising from cooperation in the framework of this Convention.

Article 3. - Creation

It is created, between the Sahelo-Saharan states, an organisation called the "Panafrican Agency of the Verte Great Wall", in short AGMV.
AGMV is an inter-state organisation designed under the aegis of the African Union and CEN-SAD. It has the international legal capacity and the self-nomial of operation.

Article 4. -Missions

The AGMV has for missions, the coordination and monitoring of the creation of a green barrier to protect against the advance of the desert and to contribute to the sustainable development on the Sahelio-Saharan band mainly between isohyetes 100 and 400 mm over a distance of at least 7000 km long and 15 km wide from Dakar to Djibouti.
This plot may, if necessary, include suspels.

The AGMV is responsible for the member states, the African Union, NEPAD and CEN-SAD:

-coordinate, monitor and evaluate all activities related to the Great Green Wall;
-mobilize the necessary resources.

Article 5. -Implementation

As part of the implementation of the Convention, the AGMV is relayed at the level of each country by a national structure created in accordance with its internal legislation with the task of undertaking the implementation of the Great Green Wall.
The implementation of the Convention shall be in relation to the institutions concerned by the sustainable management of land and the protection of the environment

Article 6. -Organs

The AGMV consists of four bodies:

-a Conference of Heads of State and Government;
-a Council of Ministers;
-an Executive Secretariat;
-a Technical Committee of Experts.

6.1. The Conference of Heads of State and Government

The Conference of Heads of State and Government consists of the Heads of State and Government of the member states of the AGM.
It is the supreme body of the AGMY. It sets out the orientations of the AGMV and appoints the Secretary-General.

The Conference of Heads of State and Government shall meet at least once every two years. It forms the Summit of Heads of State and Government of the African Union of its activities and decisions.

Decisions of the Conference shall be taken by consensus.

6.2. The Council of Ministers

The Council of Ministers is composed of the Ministers responsible for the environment of the member states of AGMY.

The tasks of the Council of Ministers are to:

-ensure the implementation of the guidelines laid down by the Conference of Heads of State and Government;
-adopt the AGMV policy framework and overall action plan;
-adopt the Executive Secretariat's budget and investment plan;
-assist the Executive Secretariat in mobilizing the resources;
-adopt the reports of technical and financial activities of the Executive Secretary;
-to approve the technical and financial cooperation agreements and conventions linking the AGMV to an international organisation;
-approve the AGMV organisation chart, rules of procedure and procedures manual.

The Council of Ministers meets once a year in ordinary session upon convocation by its President or in extraordinary session upon request by 2/3 of its mem-bers.

Decisions of the Council of Ministers shall be taken by consensus or by default of the majority of the member states.

The Presidency is chaired by the Minister of the host country.

6.3. The Executive Secretariat

The Executive Secretariat is responsible for:

-implement the decisions of the Minis Council;
-prepare draft proposals and agreements required by the decisions and recommendations of the Council of Ministers;
-preparing, identifying and ensuring the coordination and monitoring of the AGMV programmes and projects;
-to provide the secretariat of the Council of Ministers;
-perform other functions entrusted to it by the Council of Ministers.

In this capacity, the Executive Secretary is responsible for:

-order the budget;
-execute the decisions of the Council of Ministers;
-prepare, in close cooperation with the Technical Committee of Experts, the Council of Ministers and the Conference of Heads of State and Government;
-ensure the secretariat of the Conference of Heads of State and Government and of the Council of Ministers.

6.4. The Technical Committee of Experts:

The Technical Committee of Experts is responsible for assisting the Executive Secretariat in:
-the review of the AGMV work plan and budget to be submitted to the Council of Ministers for approval;
-preparation of the meetings of the Council of Ministers;
-the review of contracts and agreements submitted to the AGMV.

The Technical Committee of Experts is also responsible for providing technical and scientific advice on any matters referred to it by the Executive Secretary.

The Technical Committee of Experts may also submit proposals to the Executive Secretariat.

The Technical Committee of Experts is composed of the following members:

-those responsible for the national structures of the Great Green Wall;
-the Directors of Forest Services;
-experts nominated by States because of one country per country;
-a representative of the Union Afri-caine Commission;
-a representative of NEPAD;
-a representative of the CEN-SAD General Secretariat.

The representatives of the following organisations are also members of the Technical Committee of Experts:

-the Comité Permanent Inter-Etats de Lutte contre la Sécheresse dans le Sahel (CILSS)
-Commission des Forêts d' Afrique Centrale (COMIFAC):
-Inter-Governmental Authority for Development (IGAD);
-the Sahara and Sahel Observatory (OSS).

The Technical Committee of Experts may join, in an advisory capacity, natural or legal persons because of their technical expertise as well as representatives of technical and financial partners.

The Technical Committee of Experts shall meet at least once a year and whenever necessary, upon convocation by the Executive Secretariat of the AGMV.

Article 7. -Financial resources

The financial resources of the AGM are mainly derived from:

-Statutory and voluntary contributions from States;
-contributions from technical and finalist partners;
-donations, bequests, grants, financial support from African or foreign natural or legal persons.

The African Union, CEN-SAD and NEPAD or any other partner requested, support the AGMV with bilateral and multilateral partners, in the search and mobilisation of the funds necessary for the financing of its activities.

Article 8. -Privileges and Immunities

The Government of the country sits on the AGMV and its staff, and privileges and immunities permit-so as to facilitate the performance of their activities.

Article 9. -Member States' commitment

The Member States undertake to grant the AGMV and its staff the privileges and immunities necessary to carry out their tasks in their territories.

Article 10. -Rules of procedure and manual of procedures

An internal regulation and a procedures manual are drawn up for the operation of the AGMV and approved by the Council of Ministers.

Article 11. -Entry into force

This Convention shall enter into force thirty (30) days after the deposit of the sixth instrument of ratification.

Article 12. -Settlement of disputes

Any dispute between the Member States in the application and interpretation of the provisions of this Convention shall be settled amicably.
In the absence of an amicable settlement, disputes are brought before the African Court of Justice and Human Rights.

Article 13. -Amendments

Any Member State may propose amendments to this Convention. Proposals for amendments shall be subject to the discretion of the other Member States through the Executive Secretariat.
The amendments shall enter into force under the same conditions as the Convention.

Article 14. -Denunciation

Any Member State may denounce this Conven-tion from the date of its entry into force.

The denunciation shall be in the form of a written notification addressed to the Government of the depositary State of the instruments of ratification of the Convention which shall acknowledge receipt and inform the other Member States thereof.
Denunciation shall take effect one year after the date of receipt, unless it has previously been withdrawn.

Article 15. -Seat

The headquarters of the AGMV is set by the First Conference of Heads of State and Government.
It can be transferred to any place by the Conference of Heads of State and Government.

Article 16. -Membership of new members

The Convention is open to other States that wish to do so. For this purpose, any application for accession shall be submitted in writing to the approval of the Conference of Heads of State and Government.

For acceding States, the Convention shall enter into force thirty (30) days after the deposit of the instrument of ratification of the State concerned.

Article 17. -Authentic texts and depositary Government

The original of this Convention, of which the French, English and Arabic texts are also authentic, shall be deposited with the Government of the seat of the Panafrican Agency of the Great Wall Verte which shall deliver certified copies thereof The other Member States shall notify them of the date of deposit of the instruments of ratification and accession and shall register this Conven-tion with the African Union and the United Nations.

Done at N' Djamena, 17 June 2010

In witness whereof, have signed this Convention:

1) For Burkina Faso
(2) For the Republic of Djibouti
(3) For the State of Eritrea
4) For the Federal Democratic Republic of Ethiopia
5) For the Republic of Mali
6) For the Islamic Republic of Mauritania
(7) For the Republic of Niger
8) For the Federal Republic of Nigeria
9) For the Republic of Senegal
10) For the Republic of the Sudan
11) For the Republic of Chad.