Law No. 2014-04 February 03, 2014 Act No. 2014-04 of February 03, 2014, authorising the President of the Republic to ratify the Convention on the establishment of, the African Agency of the great green wall, adopted by the Conference of Heads of State and Government of the community of sahelo-Saharan States (CEN - SAD) in N'Djamena, June 17, 2010.
EXPLANATORY memorandum in order to cope with the consequences of climate change, one of the major challenges of the 21st century, and referring to the project of building a great wall green in Dakar to Djibouti, the Conference of Heads of State and Government of the community of States sahelo-Saharan adopted on 17 June 2005, in N'Djamena (Chad), the Convention on the establishment of the Pan-African Agency laGrande green wall.
This agency of mission coordination and follow-up of a green protective barrier against the advance of the desert and to contribute to sustainable development on the Sahel-Saharan strip between the isohyets 100 and 400 mm over a distance of at least 7000 km long and 15 km wide, from Dakar to Djibouti.
Thus, the Agency is responsible, in conjunction with Member States, the African Union, NEPAD and the CEN - SAD to coordinate, monitor and evaluate all activities relating to the great green wall as well as to mobilize the necessary resources for its operation.
In the context of the implementation of this Convention, the Agency is represented in each country by a national structure established in accordance with its internal laws and regulations, with the mission to contribute to the realization of this Pan-African project.
The agency consists of four (4) components:-the Conference of Heads of State and Government;
-the Council of Ministers - the Executive Secretariat and - the Committee of Experts.
The Agency runs its budget consist of statutory and voluntary contributions of States, contributions from technical and financial partners as well as donations and bequests, subsidies and financial support of the 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 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, in ratifying this Convention undertakes to strengthen its leadership in this area.
Such is the economy of the present Bill.
The National Assembly adopted in its session of Friday, January 24, 2014, the President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the Convention establishing the Pan-African Agency of the great wall green, adopted by the Conference of Heads of State and Government of the community of sahelo-Saharan States (CEN - SAD) in N'Djamena, June 17, 2010.
This Act will be enforced as law of the State.
Made in Dakar, February 03, 2014.
By the President of the Republic: Prime Minister Aminata TOURE CONVENTION establishing the Pan-African Agency of the great green wall States Africans Sahelo - Saharan undersigned, - Burkina Faso;
-the Republic of Djibouti;
-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 the Sudan;
-the Republic of Chad;
Having regard to the United Nations Convention framework on climate change, signed in Rio de Janeiro, 5 June 1992;
Having regard to the Convention on biological diversity, signed in Rio de Janeiro on 5 June 1992;
Having regard to the United Nations Convention to Combat Desertification in those countries experiencing serious drought and/or desertification, particularly in Africa, signed in Paris on 17 June 1994;
Having regard to the 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 "Great green wall" Initiative;
WHEREAS the Constitutive Act of the African Union, adopted in Lomé on 12 July 2000 and the new vision caused by the new partnership for the development of Africa (NEPAD) sustainable development for Africa;
CONSIDERING the need to consolidate all the forces of the sahelo-Saharan countries with the support of the international community, to enhance the desert;
CONVINCED that by organizing and using scientific and technical knowledge, the global community can stop the progression of the desert and enhance natural resources;
CONVINCED of the need for a new approach to uniting the efforts of the African States, their populations and their development partners to stop desertification;
CONCERNED by the multiple challenges of sustainable development facing the sahelo-Saharan community;
Multiple sustainable development challenges and the urgent need to develop a framework for strategic action con - identifying climate change, desertification, biodiversity and sustainable development;
WITH mind the objectives of the community of Sahelo - Saharan States by the constitutive treaty of February 4, 1998;
SE referring to the idea of building a great wall green in Dakar to Djibouti endorsed by the Conference of Leaders and heads of State members of the community of States Sahelo - Saharan (CEN - SAD), at its 7th ordinary session held in Ouagadougou (Burkina Faso) on 1 and 2 June 2005;
AWARE that sustainable economic growth, social development and poverty reduction are priorities for the sahelo - Saharan countries.
AWARE of the importance of the initiative of the great green wall for the fight against desertification, poverty, food insecurity and for the restoration of degraded areas and the clean development mechanism.
Agree as follows: Article 1. -Definitions for the purposes of this convention, the following terms mean:-Convention: Convention on the establishment of the Pan-African Agency of the great green wall (AGMV);
-Saharan Sahel countries: Burkina Faso, the Republi - as Djibouti, the State of Eritrea, the Democratic Federal Republic of Ethiopia, the Islamic Republic of Mauritania, the Republic of Niger, the Federal Republic of Nigeria, the Republic of Senegal, the Republic of the Sudan, the Republic of Mali, 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 AGMV.
-Executive secretariat: The AGMV Executive Secretariat;
-Executive Secretary: Executive Secretary of the AGMV.
-Technical Experts Committee: Committee Technique of Experts established under the terms of Article 6.4 of the pre - presents Convention;
-Member State: Member of this Convention.
Section 2. -Principles the Member States reaffirm their commitment to the following principles:-the sovereign equality of all States members;
-non-interference in the internal affairs of Member States.
-the mutual and equitable distribution of the benefits resulting from the cooperation in the framework of this Convention.
Article 3. -Creation II is created between the sahelo-Saharan States, an organization called "The great green wall PanAfrican agency", abbr. AGMV.
The AGMV is an intergovernmental organization created under the aegis of the African Union and the CEN - SAD. It has the international legal capacity and self-functioning economy.
Article 4. -Missions the AGMV to missions, the coordination and monitoring of the realization of a green protective barrier against the advance of the desert and to contribute to the develop - sustainable development on the Sahel - Saharan Strip included mainly between the isohyets 100 and 400 mm over a distance of at least 7000 km long and 15 km wide from Dakar to Djibouti.
It traced, can if necessary, include shoulder straps.
The AGMV is responsible in relation to the Member States, the African Union, NEPAD and the CEN - SAD from:-coordinate, monitor and evaluate all activities relating to the great green wall.
-mobilise the necessary resources.
Article 5 -Implementation in the context of the implementation of the Convention, the AGMV is relayed to the level of each country by a national structure established in accordance with its internal legislation with the mission to undertake the realization of the great green wall.
The implementation of the Convention occurs in connection with the institutions concerned with sustainable management land and the protection of the environment Article 6. -Bodies the AGMV consists of four components: - a Conference of Heads of State and Government - ment;
-a Council of Ministers;
-an Executive Secretariat;
-a Technical Experts Committee.
6.1 the Conference of Heads of State and Government Conference of Heads of State and Government is constituted by the heads of State and Government of Member States of the AGMV.
It is the supreme body of the AGMY. It specifies the guidelines of the AGMV and appoints the Secretary Execu - tif.
The Conference of Heads of State and Government meets at least once every two years. It in - forms the Summit of Heads of State and Government of the African Union of its activities and decisions.
The decisions of the Conference are taken by consensus.
6.2. the Council of Ministers the Council of Ministers is composed of the Ministers responsible for the environment of States members of the AGMY.
The Council of Ministers has for missions of:-ensure the implementation of the guidelines laid down by the Conference of Heads of State and Government;
-adopt the strategic framework and the global plan of action of the AGMV;
-adopt the budget and plan of investment of the Executive Secretariat;
-assist the Executive Secretariat to mobilize resources - these;
-adopt the reports of activities technical and financial Executive Secretary;
-approve the agreements and Conventions of co-operation technical and financial linking the AGMV to an international organization;
-approve the organigram, rules of procedure and Handbook of the AGMV.
The Council of Ministers meets once a year in ordinary session upon convocation by its Chairman or in extraordinary session at the request of 2/3 of its members.
The Council of Ministers decisions are taken by consensus or otherwise by a majority of Member States.
Is chaired by the Minister of the host country.
6.3. the Secretariat Executive the Executive Secretariat is responsible for: - to implement the decisions of the Council of Minis - very;
-prepare draft proposals and agreements that require the decisions and recommendations of the Council of Ministers;
-prepare, identify and ensure coordination and monitoring and evaluation of programmes and projects of the AGMV.
-ensuring the secretariat of the Council of Ministers;
-to carry out other functions that he entrust the Council of Ministers.
Accordingly, the Executive Secretary is responsible for:-order the budget;
-implementing the decisions of the Council of Ministers;
-prepare, in close collaboration with the Committee of Technical Experts, the Council of Ministers and the Conference of Heads of State and Government;
-ensuring the secretariat of the Assembly of Heads of State and Government and the Council of Ministers.
6.4. the Technical Experts Committee: Technical Experts Committee mission is to assist the Executive Secretariat in:-the review of the plan of work and the budget of the AGMV to be submitted to the approval of the Council of Ministers.
-the preparation of the meetings of the Council of Ministers;
-the examination of contracts and agreements subject to the AGMV.
The Technical Experts Committee is also responsible to provide technical advice and scientists on all questions submitted to it by the Executive Secretary.
The Technical Experts Committee may also submit proposals to the Executive Secretariat.
The Technical Experts Committee is composed of the following members:-the leaders of the national structures of the great green wall;
-the directors of the services responsible for forests;
-the experts designated by the States due to a by country;
-a representative of the Commission of the African Union - caine;
-one representative of the NEPAD;
-one representative of the General Secretariat of CEN - SAD.
Representatives of the following organizations are members of the Technical Experts Committee:-the Committee Permanent Inter-State struggle against drought in the Sahel (CILSS);
-the Commission des Forêts d'Afrique Centrale (COMIFAC): - the authority Inter governmental for the Develop - ment (IGAD);
-the Observatory of the Sahara and the Sahel (OSS).
The Technical Committee of Experts may call in a consultative capacity, physical or legal persons due to their technical skills as well as representatives of technical and financial partners.
The Technical Experts Committee meets at least once a year and whenever necessary, at the invitation of the Executive Secretariat of the AGMV.
Section 7. -Financial resources the financial resources of the AGMV come mainly from:-contributions statutory and voluntary States;
-contributions of technical partners and finan-ciers;
-donations, bequests, subsidies, financial support of the natural or legal persons African or foreign.
The African Union, CEN - SAD and the NEPAD or any other partner asked, support the AGMV with bilateral and multilateral partners, in research and the mobilization of funds for the financing of its activities.
Section 8. -Privileges and immunities the Government seat gives the AGMV and its staff the privileges and immunities allows - both to facilitate the accomplishment of their activities.
Article 9 -Commitment of the Member States the Member States undertake to grant to the AGMV and its staff the privileges and immunities necessary for the performance of their duties in their territories.
Section 10. -Rules of procedure and rules of procedure Handbook and a manual of procedures are developed for the operation of the AGMV and approved by the Council of Ministers.
Section 11. -Entry into force this Convention shall enter into force thirty (30) days after the deposit of the sixth Instrument of ratification-tion.
Section 12. -Settlement of disputes any dispute between Member States in the application and interpretation of the provisions of the present Convention is settled amicably.
In the absence of an amicable settlement, disputes are brought before the African Court of Justice and of human rights.
Article 13. – Amendments any Member State may propose amendments to this Convention. The amendment proposals are subject to the assessment of the other Member States through the Executive Secretariat.
Amendments shall enter into force under the same conditions as the Convention.
Section 14. -Termination any Member State may denounce the present Conven-tion from its date of entry into force.
The denunciation is made in the form of a notifica-tion writing addressed to the Government of the depositary State of the instruments of ratification of the Convention which acknowledges receipt and informs the other Member States.
The denunciation shall take effect one year after the date of receipt unless it has been withdrawn previously.
Section 15. -Seat of the AGMV is fixed by the first Conference-Conference of the heads of State and Government.
It may be transferred to any place by the Conference of Heads of State and Government.
Section 16. -Accession of new members. the Convention is open to other States who so wish. Accordingly, any application for membership is submitted in writing to the approval of the Conference of Heads of State and Government.
For States that y adherent, the Convention enters into force thirty (30) days after the deposit of the instrument of ratification of the State concerned.
Article 17. -Authentic texts and Government depositary the original of this Convention of which the Arabic, french and English texts are equally authentic shall be deposited with the Government of the country seat of the Pan-African Agency of the great green wall which shall furnish certified copies to the other Member States, shall notify them of the date of deposit of the instruments of ratification and accession, and saves the present Conven-tion with the African Union and the United Nations.
Done at N'Djamena, June 17, 2010 in witness whereof, have signed the present Convention: 1) for Burkina Faso 2) for the Republic of Djibouti 3) for the State of Eritrea 4) for Democratic Republic Federal of Ethiopia 5) for the Republic of Mali 6) for the Islamic Republic of Mauritania 7) for the Republic of the 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 Chad.