Np_protocol (signed On 22 June 2006)

LUBOMBO NSUBA~E-PONGOLO

TRANS~FRONTIER

-CONSERVATION

I

AND RESOURCE AREA PROTOGOL

~

BETWEEN THE GOVERNMENT

OF THE REPUBLIC

OF $OUTH AFRICA

AND THE GOVERNMENT

OF THE KINGDOM

~WAZILAND

,~

TABLE OF CONTENTS

Preamble ARTICLE

, 1

,

Definitions

Undertakings ARTICLE Establishment ARTICLE

35 4

byand ;the

Constitution Parties

,

of

the

NS-PO

Task ".",...,.,

Group :

",.".",

,

,

:

1

;

2 3

3 4, 4

: Duties and Powers of the NS-PO Task Group.

Functioning ARTICLE 6of the NS-PO TaskGroup

4 Co

,

ARTICLE F .. 7 manCla 1An angements ARTICLE

..

~

5

6 ;

6

8 .".",."""",.".""""",

Dispute Settlement..

4

:...6

6

,';;

ARTICLE 9

,

7

Respect for National Legislation and Other Agreements

7

ARTICLE Respect for National 10 Initiatives

7

7 AIlTICLE 11

7

Amendment of the Protocol and Entry into Force of Amendment ."'1..'

7

ARTICLE 12

7

Entry jnto Force of the Protocol

7

AIl'fICLE

8

13

Deposit \vith the United Nations

8

1 ~

Prcamblc The Government of the Republic of South Africa and the Govern lent of the Kingdom of Swaziland (hereinafterjointly referred to as the "Parties" and either them as a "Party"), BEING Parties to the GeneralProtocol and the TFCA Protocol; RECORDING their commitment to the Objectives and the TFCAO

~ecti\'es;

RECOGNISING the opportunity for enhancing the economic and evelopment potential of the Area in the form of ecotourism and nature-based activities t rough the creation of a

TFCA; WISHING jointly to prosper from suchactivities and undertakings i the Area and gain from the accompanyingbenefits that will be derived; ACI(NOWLEDGING the importance of holistic, integrated cological planning and management ~nd wishing to further this by promoting regional co operation in all relevant spheres; SUBSCRIBING to the principle of sustainable development and t e sustainableuse ~f the natural resourcebase of the Area; I-IEREBY agreeas follows: ARTICLE

1<

Definitions In this Protocol, unlessthe context indicates other\\'ise "Area"

meansthe NS-PO TFCA;

f

"Domestic Law" means the domestic law and constitutionai req irements in force in the country of a Party; "General Protocol" means the General Protocol on the LUbO T

Initiative

entered

into

on

5

Ju1)'

1999,

by

the

GoVernn1ents

of

the

the Republic of SouthAfrica and the Kingdom of Swaziland; . "Lubombo Spatial Development Initiative"

O

Spatial

epublic

Development

of

Mozambique,

t

has the meaning as ibed to it in the Generai

Protocol; "Ministerial Committee" means the Trilateral Ministerial CO! mittee on the Lubombo Spatial DevelopmentInitiative establishedpursuant to the General P .otocol; "NS-PO Task Group" means the Tl~CA '[ask Group established p rsuantto Article 4 of this Protocol; "NS-PO TFCA" or "Nsubanc-Pongolo Tr~\ns-li'ronticr Con. crvati(}n and Itcsourcc Area" means tile Pollgolo Natul:e lZeserve and Pongol.opoort Bi sphere Iteserve in South Africa and til(~ area in Swaziland cast of tile J\11t8 road, up 10 Nse a Safari l~anch lncl.uclillg 10t'.J-,ubombo mountain rallgc in1hc l~asl Uj) 10 1..l;eUsu1ou Gorge; "NS-PO

'}'.]i'CA OL}.icc(i\'L~s" mcanstheob.i(~c1ive:;;

sl...t!orlh

UOb.i(~c(j\'(~.,-:I)me~1n.st.l~c

ill Aliic.

c21\cr.~of;

])rot{)~1J

"l~ () !}...fftc\1t

II) {<1) I'('S (~)}(il(\\;(~ (){,

fi

(} ,

ft';:!) 11~,). ,

r~( I)'~

iivit.ics '~'\'fll!

"Rcsponsihlc

Ministcr"

envirolll11ental

affairs

ministerial

means the Cabinet Minister(s)

appointed

by

a

Purty

to

the

f

Ministerial

departments to which such Cabinet Minister(s)

responsibilities

rCSPO Co

SiblC 1mittcc

to!

cconomic or

and

such

heads

of

may Ii om time to tinle delegate

in terms of this Protocol;

.

"TFCA" or "Trans-Frontier Conservation and Resource rea" means a specific geographical area divided by one or more international political b rders, which is identified by two or more of the Parties to the TFCA Protocol to be the subj ct ofTFCA Management; "TFCA Commission" means the Trans-Frontier Conservati n and Resource Area Commission established pursuant to the TFCA Protocol; "TFCA Managcmcnt" means the joint arrangements or P!ogram es determined by two or more of the Parties to be applied to or in respect of a TFCA; "TFCA Obj~ctivcs" means the objectives set forth in Article 2 oft e TFCA Protocol; "TFCA Protocol" means the General Trans-Frontier Conserv tion and Resour~e Area Protocol entered into on 22 June 2000, by the Governn1entsof the epublic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland; "TFCA Task Group" means the task groups reterred to in established by two or more of the Parties in respect of a TFCA.

,

CA Protocol to be

.

ARTICLE 2 Nsubane-Pongolo Trans-Frontier

Conservation and-Resource

rea Objectives

The NS-PO TFCA Objectives of the Parties are as follows: (1)

(2)

(a)

To realise economic returns from tourism and asso iated activities within the Area, while safeguarding its ecological integri y, and to promote the sustainable socio-econon1ic development of the A ea for the benefit of all Parties in accordance with the Objectives and the TFCA Objectives and to develop, market and promote the TFCA to this end;

(b)

to address the needs and aspirations of local com 1unities b)' ensuring their di,.cct participation i,} alld/or ownership of and/or eri\'ation of benefit from an)' prqgrammes or initiati,'es that are undertaken in the Area and encouraging or empowering them to do so in whatever way is pos ible and appropriate;

(c)

to accommodate within approp~'iatemanagement re i'lles for the Area a broad spectrllm of human acti\,ities compatible willi the p .otec.liona11c1 management °.r1hc tcflocstrialallcl aquatic CCos)'stemsin the Area;

(a)

Toprotcc.:t d~)let~~,threa(el)cd,

f

.t11C:Ar ".\Ulld,11)"p;-lrliCll!(l.r,tc) f()rl!1c'"sllr\'IVhl6J'sut:.]1 i'"

(h}

10 111(lil

.c.,

rare or endangcrcd prc,scrvc habitats

S!)ccics' ;'

.c

c

1'./ '.

c' .,..

C'c"

P\'OI<:l:Jtll(:,jnc,,"(}glci!y (u)

II}

l

P,"l;

Ylmt(fllll$litG"j , .'

c

1.\liliUit t~~\.J.{)l.Jij!.lj\:;II~~:"

c

O~U, ~.c~t:lCriS(~Ihl~

in

critiGal

I\rl::a and 10

rllncI1~~l~i.l..1111c I\r(~a; ("

.

.'

Ill.toli l.'i i1!.~.stlr1..1.'lf\j"t'.1rl ~;m..ct\ bf1ur.I'lt\k j , "

t'r(~(,iCSHlld populations

iu t1 c'/\I"(,o collsidercd

I,~ t' .,i\ l\,tt~;I',1

l"e[1 by

,{;~"

I"l'1110Vl" m.

(4)

(a)

To prcscrvc, protect and manage allY historical anc cullural,sitcs and natural aesthetic values of terrestrial and aquatic areas in the Arca, for present and future generations;

(b)

to facilitate the interpretation of terrestrial and aqua ic CCOs}'slcmsin the Area for the purposes of conservation, education and tour sm;

(c)

to provide for research and training, and for mol itoring the environmental effects of human activities in and near'the Area, including the direct and indirect effects of development and adjacent land-us practices;

(a)

To make full use of the opportunities and a vantages offered by the transnational nature of the Area and to use this to n aximum effect in meeting theseobjectives;

(b)

i

to levels

promote

cross

border that

including

organisations

and

co-operation local

of

and

interactiol

communities,

government

private

j sector, bet\\"een

non-governmental the Parties

at

all

agencies;

(c)

to attempt to resolve any specific problems in t1e Area but solely in the jurisdiction of either Party which may impact on the e objectives; ,.-

(d)

to investigate options for the facilitation of cro s-border movement, the positioning offences, and the possible creation of vi a-free areasor reserves;

(e)

to create an enabling framework to facilitate t e achievement of these objectives; and ~ .

(f)

to perform strategic studies in order to formulate implement

these

objectives.

I an

agreed

programme

to

.

AR TI CLE 3 Undertakings by the Parties In nlrtherance of the Objectives and the TFCA Objectives, and specifically, the NS-PO TFCA Objectives, the Parties shall: (1)

delegateor grant to the NS-PO Task Group (established pu suantto Article 4 hereof) such powers and authorise it to perform such duties, unde. and sub.iectto Domestic Law, as are necessaryfor the successful achievement of the NS-PO,TFCA Objectives and as are se.tforth in Arlicle 5 hereof; implement including

the policies,

ordinated

approach

guidance

ofthcNS-PO

procedures,

harmonisation

by

the

t.OI\Sllll

l

fofOl'01

where legislation

the

NS-PO

necessal)',

legi re

and/or

TFCA

wi~h each other

lC work or the. NS-))O

tives,

and/or

with

to

ensure regulations,

the

a

advice

co-

and

and the NS-PO

Ta'k

Tas.1.~Group;

Group

in respect to the

'.. '"'

each

other

cillci the

NS PO

1"s-rO'J,~)~),

c.}f...I!»/l.~m(y().r

ml )'\l'l 11l'.l1I SIll:

Jation uJations,

Obje

iOJ) of..t:ltGSC\tntlt~rl(Jk.Jl1f!,Sand 111<:. N S- PO 'j'r..c

1!1)r;ll:tm1tI1~:6r\:'.~\;;U1(1

f

Group;

l'.11l:11 (JhCl'aJ1Crtflc

jll)'isc1ic.:tiOIl.

and, such

to


ilnplelnClllcll

(5)

Parties

Task

consult and cofoperate faCilitationOft

of

\vltic.lt

COI\Sllfl 01\ 1"'0\\1. 1GJ'J.'CY(,}Jtt art

1 "I'rl~l\c.t;ll~l'ialts -.' '..

,IS ,11"(:', Jlli~l:s~;..lfy-tt~1)tl:\/l'111

!

'J'clsk (irou})

in

the

Oh.ic'c1i \'~~;

tf}ri\(~.tt\~i,tiCS

within

t]1C

)ini'nl~(:~~~~11

impact

aooI

(), 11t~rtinti~l};~IICli f c

il11pact;

inform each other and the NS-PO Task Group on a regula basis a~ to thc measures introduced or to be introduced by any Party in implementation of this Protocol; providc, as necessary, seed monies on project costs of the NS-PO Task Group NS-PO Task Group in identifying local, sources and in obtaining funds from such

an agreed basis Ii r the administration and and provide all re sonable assistance to the regional, national nd international funding sources; and

review, on a periodic basis, the performance Task Group.

of and conti ued need for the NS-PO

ARTICLE 4 Establishment and Constitution of the NS-PO Task Group

(1)

The P~rties hereby establishthe NS-PO Task Group.

(2)

The Responsible Minister of each Party, in consult tion with that Party's representative(s)on the TFCA Commission, shall appoint th ee Representative; to the NS-PO Task Group, consisting of appropriate conserv tion and resource area managementexperts, tourism and development experts and epresentativesof relevant governn1entand implementing agencies, or such other num er of Representatives as may be agreed upon by the Ministerial Committee from tin e to time in consultation with the TFRCA Commission.

..

The NS-PO Task Group may propose to the TFCA Com ission other appropriate persons as non-voting members (or advisers or observers)of he NS-PO Task Group. Within three months of the entry into force of this ProtQcol, achResponsible Minister shall have appointed the respective Representatives and shall have, within such period, communicated the names of such Representat.,'es to the Ministerial Committee. Each Responsible Minister may at any time, in due consultation with the Ministerial Committee, terminate such appointment and app int any 'other appropriate person. Any Representative who does not attend more tl an two dul)' called and notified consecutive meetings of the NS-PO Task Group may be replaced by the Responsible Minister.

(5)

The Responsible Minister may invite such ot1ler appropriat persons as advisers to or observers 011the NS-PO ,Task Group as may be appropr ate or necessary for the achievementof the NS-PO TFCA Objectives and as may be agreedby the Parties. 'l~heChair of the NS-PO Task GI.OUpshall be one of the pursuant to Article 4(2) which shall alternate between th un]ess otheJ'wiseagreed by tIle l.~esponsibleMinisters of the first two years shall be ap~)ointedb)' the l.Zesponsib]cMini S\\'aziland.

eprcsentati\'es appointed Parties every two years )arties. The Chair for the IeI' of the Goverl1luent of

ARTICLE

5

Dutics nnu Powcrs of thc NS-PO Tnsk Group The NS-PO Task Group shall perfoffi1 such authorised duties and e~ !erCise granted

to

it

in

order

to

achieve

the

NS-PO

TFCA

Objectives

nd,

such in

powers

as

particular

are

without

limitation, the NS-PO Task Group:

(1)

may establish a fund to meet its administrative costs and imblement approvedprojects (the "Fund"), subject to guidance and directives from the T~CA Commission;

(2)

is authorised to solicit and accept contributions for the FUnt and to allocate, apply and disburse guidance

(3)

the monies

in the Fund to meet its administrative

and directives

from the TFCA

a d project costs, subject to

Commission;

shall provide the Ministerial Committee and the TFCA basis

with

tl1fee

copies

of

the

complete,

inde~endently

f

ommiSSion

audit

d

on

financial

an

annual

statements

for

the previous financial year as well as a report of the previou financial year's acJivities and a plan for the subsequenttwo years; (4)

shall advise and report to the Ministerial Committee and he TFCA Commission as they may reasonably require and shall identify and reco mend the adoption and implementation of such policies and meaSlw;esas may b necessal"yto ensure the achievement of the NS-PO .TFCA Objectives; .

..

(5)

shall, within [18] months of the appointment of all Reprt detailed

programme

to

implement

the

NS-PO

TFCA

Ob

entatives, ecti\'es

have

drafted

a

("Implementation

Programme") to be submitted for comment and/or approval to the TFCA Commission and relevant government agenciesas directed by the TFCA ommission;

(6)

is authorised to perform and commission such studies (as are necessary for the development

(1)

and drafting

of an Implementation

Programme

shall make detailed recommendations, in the frameWO l k Programme,

as

to

pern1anent

joint

management

mechanisn

s

of to

an achieve

Implementation and

maintain

some or all of the NS-PO TFCA Objectives, and as to the continued role (if any) of the NS-PO r[ask Group;

i i

(8)

sha!l have access to all relevant government entities for al propriate information and assIstance;and

(9)

sh~I~1take such actions as are necessary to implement All1Clc 6.

tl c acti\'ities referred to in

AlzTJ CLIT. (]

]i'IJlll~(j(llljJI~

KA

of(IIC',NS-])()

.vi

'a,.,kC;I"OII!) '-"';

f]

,~t).1t1(.. ,111<..lv":lj}II,,',,I':rtlla,ypc

' /IS "

() .;1" "I),,;.'~ls\

d9tyl'l)fliifL:U

1

-

Uroup

i

II I i; '!i~ S1.1{l W:~'I},~

I))' 10(: l~.l)-I)OI:c-:;i~

'Q(

'I~x'~i~r~c';';;',!'~" liI1i(:S

c) YCcl1"a1

, fli:\u~f!,; nll~ fl"l~qU~~I1.(:)'

I

time an~ venue of all other meetings shall be determined by nc l\'S-P.O l'ask Group as approprIate.

(2)

Subject to the availability of appropriate funding, the NS-PO as possible establish a permanentSecretariat to provide orga services to the NS-PO Task Group, and, subject to Articl implementation of the duties and policies of the NS-P establishmentof such Secretariat,'the Responsible Minister Representativeto act as the key contact person for the NS-P

(3)

The hosting member(s) of the NS-PO Task Group shall be r f

and

timeous

distribution

of

the

proposed

agenda,

the

record'ng

Task Group shall as soon isational and infoffilation 6(5) hereof, to assist in Task Group. Until the shall each designate one Task Group.

sponSible

for

and

distribution

preparation

of

the

minute's and the making available of a suitable venue, 11le?s such duties can be assumedby the Secretariat, (4)

A quorum for decision-making shall consist of two Represe tatives of each Party. All decisions of the NS-PO Task Group shall be. taken on the asis of consensus among the Representatives.In the event of the NS-PO Task Group ailing to reach consensus, the matter under discussion shall be referred to the TFC Commissi
(5)

The NS-PO Task Group shall establish its tJwn rules of internal structure and meetings are concerned.

(6)

The secretarialduties to the NS-PO Task Group shall be su1 Plied by the NS-PO Task

..

Group members hosting a particular meeting, }mless such the Secretariat. .

1rocedure in so far as its uties can be assumed by

ARTICLE 7 Financial Arrangements (1)

Until such time as the Flmd has sufficient monies pursuant j OArticle 5(2), each Party shall, in respectof all meetings of the NS-PO Task Group, e responsible for all costs incuned in colll1ection with the attendance and particjpatiol of its members, advisers and observers on the NS-PO Task Group.

(2)

At such time when the Fund has sufficient monies pursuant 0 ArticJe 5(2), the NS-PO 'fask Group membcrshosting a paliicular meeting of the N -PO '[ask Grollp shalJ be responsibJe for aJ\ costs incurred in making ..1vernle avaiJabJe for the meeting, the pr.eparalion and distributioh ofthc proposed agenda, the re OI"dil1gancJ distribution of tl1c mil1utes) and t.J1C proYisioJ1 of secretarial services, unJcs' any SlIC]1costs are to be ..ISSlIl11Cd by t.J1CSl'.crctariat.

l~ar

nis

ARTICLE 8 Dispute Settlement If any dispute arises between the Parties as to the inte .pretation, application or performance of this Protocol, including its existence, val'dit)" or termination, such dispute shall be first referred by either Party to the TF A Commission and the Ministerial Committee for negotiation and recommendation on amicablesettlement, If such dispute cannot be settled amicably, either Party m1 final

and

binding

arbitration

in

accordance

with

the

Y submit such nent Court of

Perm

dispute Arbitration

to

Optional Rules for Arbitrating Disputes Between Two Stat s, as in effect on the date of signature of this Protocol. The aypointing authority shall be the Secretary General or the Permanent Court of Arbitration at The Hague. .I

ARTICLE

9

Rcspect for National Lcgislation and Othcr Agree}tlcnts

Nothing in this Protocol shall be deemed as derogating from any ~ rO\'iSiOn Law

of

any

Party

or

any

obligations

assumed

by

a Party

of the Domestic r agreements previously

und

concluded.

ARTICLE 10 Respect for National Initiatives Nothing in this Protocol shall be deemed as derogating fi'om national initiatives and development procedures and the funding for such initiatives and procedureswithin any TFCA consistent Wit111'F~A Objectives.

ARTICLE 11 AmClldment of the J'rotocol and Entt")' into Force of A)nendmcn~ Protocol may beame!lded b)' nluturu agreement bctwc.e~ the Parties

All ah~el\~~}j~ent t.llichcrft4iJ>i\)'I)fI1aS

'i!I~('OJ1}plif"'1~(!~\~!jl~

J1ltUllally

l1olifif;;C!t.llc()ilicr

agrct.,;dip

1]~::c9IjSli1(t1~)n.al

!~ : " (~"'tl1<;'.r(;lcv~'\)lfH1:\C11(11~;~1{..;

by

1he

ParI)'

rcqllir<::ll1c,l1ts

"

Parlics

1hrollgh

snal1

1he

I1cc:c:ssa

CI11C

tlSlal

j

il11o

)'

oiplomali(: J()rcc

it)r

111(:

ol11he

ill1pJcmcl1latiOfl

" "

c.Jlal1l1Cls

da1eol1

of

ARTICLE 12 Entry into Forcc of the Protocol This Protocol shall enter into force on the date on which et other

Party

in

writing

through

the

usual

diplomatic

channels

Ch

Party

fits

has

notified

compliance

the with

the

constitutional requirements necessaryfor the implementation of this Protocol. This Protocol shall terminate as between the terminating part~' and the other Party on a day three months after the date upon which such Party has gi 'enthe other Party notice in writing of the proposed termination.

ARTICLE 13

~:~o;::;:::

:~:l~:~t;:P::::;:ith

theUnitedNationsHeadq~:~Jr:;n NewYork.

IN WITNESS WHEREOF the :undersigned, being Governments, have signed and sealed this Agreement.

DONE at

~.~.:~~":"'. 1un(2,

..

I

on this the 1.

n t llS year

T\Vo Thousan. d,

..I

FOR AND ON BEI-IALF OF THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

I

r:o~~)

/~~

']

/

,/.--~

!4zLf!?!{~

ONn1~1-]/~~)J.'"

11-]1:~(jO\ll:':I{NJ\.1).*'J;,/()J;' 'j't;lf~J.(l~GI)O~ OJ: S\\'I\ZI

duly author~sed by their respective , j

I ,i\NP

~)1:j.;(

~';)..

day of