Ntf_protocol (signed On 22 June 2000)

LUBOMBO NDUMU- TEMBE-FUTI TRAN~-FRONTIER CONSERVATION

I

ANDRESOURCEAREAPROTOqOL

~

BETWEEN

THE GOVERNMENT

OF THE REPUBLIC OF ~OUTH AFRICA AND

THE GOVERNMENT

OF THE REPUBLIC OF ~OZAMBIQUE

,... ,

TABLE OF CONTENTS

~

Preamble 100

ARTICLE

1

,

,

1

Definitions ARTICLE

2

~

2 ~

ARTICLE 3

3

Undertakings by the Parties ARTICLE

3

4

,

""""'1.;

Establishment and Constitution of the NTF Task Group. Duties ARTICLEand Powers 5

4 ,

4

of the NTF Task Group

5 5

ARTICLE Functioning

6of the NTF

Task Group...

6 ~

~ ARTICLE

6

.

7

Financial Arrangements

~ ,

.

6

6

"""

ARTICLE 8

7

Dispute Settlement

/.

7

ARTICLE 9

7

Respect for National Legislation and Other Agreements ..

7

ARTICLE 10

,

7

Respect for National Initiatives.

7

ARTICLE 11 .

7

Amendment of the Protocol and Entry into Force of Amendment...

7

ARTICLE 12

8

Entry into Force of the Protocol

8

ARTICLE

8

13

Deposit willi tlle United Na.tions,

8

{I)

Preamble The Government of the Republic of Mozambique and the Gove~ment of the Republic of South Africa (hereinafter jointly referred to as the "Parties" and eith~r of them as a "Party"), BEING Parties to the General Protocol and the TFCA Protocol; RECORDING

their commitment to the Objectives and the TFCA

anagementObjectives;

RECOGNISING the global significance of the Area as an IV N listed Centre of Plant Diversity containing nd sustaining important ecological processes; many sensitive and unique ecosystems . FURTHER RECOGNISING the trans-national nature of the ecos stemsin the Area and the need for co-operation in their effective management and maintenan e; AW ARE theits economic by the richness 0 nts; the natural of the Areaofand potentialopportunity for tourism presented and nature-based developm . resource base RESPECTING the reliance of local communities on the natural esourcebase in the Area and the need for them to be integrally involved in and to benefit fro any development of the

Area; WISHING to develop the Area in a sustainable manner for tl.1ebe efit of both countries and its citizens and to prosper jointly from this development, now and i the future;

..

ACKNOWLEDGING the existence of the Mozambique Transfr ntier Conservation Areas Pilot and Institutional Strengthening Project presently underway in ozambique and wishing to support that initiative; HEREBY agree as follows:

.I

.

ARTICLE 1

Definitions In this Protocol,unlessthe contextindicatesotherwise: "Area"

means the Ndul11UTembe-Futi TFCA;

"Domestic Law" means the domestic law and constitutional req~lirementsin force in the country of a Party; "General Initiative

Protocol" e~1tered

into

,\ means the General Protocol on the LUbon f

on

?

Jul)'

1999,

?y

the

Governm.ents

of

the RepublIc of South AfrIca and the Kmgdom of Swaziland;

Spatial

Development

epublic

of

Mozambique,

j

has tile meaning as ribed to it in the General

':~ubom.bo Spatial Dcvclopmcnt Initiativc" ) lotocol,

"Ministeri~\l

the

o

,c'c'

Committee"

mealis the '[rilateral

Ministerial

Con mi1tce on the }:"ubornbo

Spatial Devc]o,pmenl Jnitiative established pursuant to the General} rotocoJ; "1\1()'/.ambi'l1l(~ 'J'r~\l\~froll(i('.r C()n~c.r\'~1ti()n Ar(~as Pilot ~md In tit\ltion~\1 Strcllgthening 1)1'().i('.t~t"means a pro.iecl ~li}~1ed ~1lassjslil)l~ the C30vcrnmcnl f 1\10z;ambique to create CI1abliI1[.!;polic;ics, ac:livilics ~\Ild illstituliollal fi'~\mcworks i'ol" reha )ililalil)g, c~nsr.rving and 111ana~l,iI1~~ its IlniC\llt: bioclivel.sily al)cl n(llllrc11 rCSOllr(:c cn(Jowm nt.<;il1 tI11"(~<'>' lr::msfrontie.r (:()Il~;(:rvalioll clrl:(ls)ij1.(:11Idil\.!:~ !Jarl (lrlnc J\rca. 1,

.,

, ,f , I

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OC

"NTF Task Group" Protocol;

means the TFCA Task Group established p rsuant to Article 4 of this ,

"NTF TFCA" or "Ndumu- Tcmbc-Futi Trans-Fronticr Con cn'ation and Resourcc Arca" means Tembe Elephant Reserve, Ndumu Game Reserve, Fu i Corridor and the Maputo Elephant Reserve [each need definiton]; "NTF TFCA Objectives" means the objectives set forth in Article 2 hereof; "Objectives" means the objectives as defined in the GeneralProt

01;

"Region" means the geographical area defined in the General Prot col; "Representative" means a voting representativeof a Party on the "Responsible

Minister"

environmental

affairs

TF Commission;

means the Cabinet Minister(s) reSPO ~

appointed

by

a

Party

to

the

Ministerial

Co

ible mittee

for

economic or

such

and heads

of

ministerial departments to which such Cabinet Minister(s) may fi om time to time delegate responsibilities in terms of this Protocol; "Secretariat"

means the Secretariat referred to in Article 6 (2) here~f;

"Task Team" meansthe Trilateral Task Team established pursuan~to the General Protocol; "TFCA" or "Trans-Frontier Consen'ation and Rcsource rea" means a specific geographical area divided by one .ormore internatio~al 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 Management" means the joint arrangements"or program es determined by two or more of the Parties to be applied to or in respect of a TFCA; "TFCA Objectives" means the objectives set forth in Article 2 oft e TFCA Protocol; "TFCA Protocol" means the General Trans-Frontier Conserv tion and Resource Area Protocol entered into on 22 June 2000, by the Governn1ents of the epublic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland; "TFCA Task Group" means the task groups referred to in t e TFCA Protocol to be established by two or more of the Parties in respect of a TFCA.

ARTICLE 2

Ndumu-Tembe-Futi

Trans-Frontier

Conservation

and I~esource Area

OJ,).iectives NTl~' l:'CA Ob.jectivcs ofthc.Parlies arc as fo]]ows

(1)

(a)

rl~oreatisc ecollomic retllJ'JlSfrom tourism alld asso iatcd activities within the Arca) while safegunrdil1g ils!:,-cologic.al integri y) and .fo promote the .;. ,( . sllsl..alntlblc:~9ClQ-ccon9mlc Q\;,:vc)opmcI1t of tl1e!!;}J..~1.,;joli,..tj1e bCIlefit of all 1h<::Ob.icc:tivcs aod and 10 1hc'1.l"'~:l\to this c:n(~;,:c

ral

c ('

(11

(b)

to address the needs and aspirations of local com unities by ensuring their direct participation in and/or ownership of and/or erivation or benefit from any programmes or initiatives that are undertaken in the Area and encouraging or empowering them to do so in whatever way is pos ible and appropriate;

to accommodate within appropriate managementregimes for the Area a broad spectrum of human activities compatible with the p tection and management of the terrestrial and aquatic ecosystems in the Area;

(2)

(a)

To protect depleted, threatened,rare or endangered eciesand populations in the Area and, in particular, to preserve habitats in th Area considered critical for the survival of suchspecies; to maintain those ecological processes which cha cterise the Area and to protect the integrity of ecosystemstructure and functi n in the Area;

(3)

(4)

(c)-

to prevent outside activities from detrimentally affecting the Area by identifying such threats and undertaking appropri te action to remove or mitigate such threats

(a)

To preserve, protect and manage any historical and cultural sites and natural aesthetic values of terrestrial and aquatic areas in t e Area, for present and future generations;

(b)

to facilitate the interpretation of terreslrial and aquat c ecosystemsin the Area for the purposes of c;onservation,education and touri m;

(c)

to provide for research and tmining, and for moni oring the environmental effects of human activities in and near the Area, including the direct and indirect effects of developmentand adjacentland-use practices;

(a)

To make full use of the opportunities and ad antages offered by the transnational nature of the Area and to use this to m ximum effect in meeting these objectives;

(b)

to promote cross border co-operation and interaction betweenthe Parties at all levels including that of local communities, private ector, non-governmental organisations andgovernnlent agencies;

(c)

to support the Mozambique Transfrontier Conse vation Areas Pilot and Institutional Strengthening Project and, in consu tation with all relevant stakeholders,.jointly to develop programmes to forth r its aims;

.

.1

to attempt to resolve any specific problems in th Area but soleI)' in the jurisdiction of either Paliy which may impact on tIles ob.iectives;

(e)

to in\'estigatc options for the facilitation of cro s-border mo\'ement, the positioning of fences, and the possible creation of vis -free arcas or reserves;

(1)

to create an enabling fi'ame\\'ork to facilitate tI c achic\'cmcnt of these ob.iccli\'cs; and

Cc'r.

)

\ ' l'j.J.Cn~t~nt'to~$C{)b l' ectivcs.

i 11)

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10

ARTICLE 3 Undertakings

t

by the Parties

.

In ~urt~e.rance of the Objectives and the TFCA Objectives, and, sp cifically, the NTF TFCA ObjectIves, the Parties shall: .

delegate or grant to the NTF Task Group (established pur uant to Article 4 hereof) such powers and al.lthorise it to perform such duties. under and subject to Domestic Law. as are necessaryfor the successful achievement of th NTF TFCA Objectives and as are set forth in Article 5 hereof; implement policies. procedures. and. where necessary.legislation and/or regulations. including the harmonisation of such legislation and/or reg lations. to ensure a coordinated approach by the Parties to the N~F TFCA Object ves. with the advice and guidance of the NTF Task Group; consult and co-operate with each other and the NTF Task Group in respect to the facilitation of the work of the NTF Task Group;

(4)

consult and co-operate with each other and the N Task Group in the implementation of these undertakings and the NTF TFCA a 'ectives;

(5)

infoffi1 each other and the NTF Task Group timeously of activities within the jurisdiction of any Party of which they are or become a are that may negatively impact on the Area and consult on how to ~revent or m nimise such impact and implement such agreed actions as are necessaryto prevent or inimise such impact;

(6)

inform each other and the NTF Task Group on a regular asis as to the measures introduced or to be introduced by ~ny Party in implementatio of this Protocol;

(7)

provide. as necessary. seed monies on an agreed basis fo the administration and project costs of the NTF Task Group and provide all reasona Ie assistaQceto the NTF Task Group in identifying local. regional. national and inte ational ftmding sources and in obtaining funds from suchsources; and

(8)

~;~~;' on a periodic basis,the perfo.rmance of and.conti.n~~d needfor the NTF Task

..

ARTICLE 4 Establishment

and Constitution

of the NTF Task Group

(1)

'[he Parties hereby establish the NT!:;' Task Group.

(2)

l~he !"(esponsible

Minister

of

each Party,

in

co)lsultc tion

with

that

Party's

rcprcsentative(s) on the. TPCA Commission, shall appoint th "ecRepresentatives to the N'l~]";' 'J'ask Group, consisting of appropriate <.:onservaion and resource ,area Jl1anagcmcnt experts, tourism anddcvcloplnc,nt cxpc,rts and r -j)rcscntatl\'cs of reIC\'al1t go\'crnmcn(allc.l;jmplcJllcntillg af~t"11~:ics, or Stich oiher numl cr of lZeprcsentati\'es as 111fl),bl,;ngl"cedupon by ~I,c Millis1.cl'jal C:omillillc<:: Ii"om tlL1 C,,\\otime in eonsuJtation ..;';; ","' -,:! .., w.l(hih(~11~1\.(,Ac.,<;J11\11)1SSI.011.

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The NTF Task Group may propose to the TFCA Co mission other appropriate persons as non-voting members (or advisers or observers) of the ~TF Task Group. Within three months of the entry into force of this Protocol, eachResponsibleMinister shall have appointed the respective Representatives an shall have, within such period, communicated the names of such Represent tives to the Ministerial Committee. Each Responsible Minister may at any time, i due consultation with the Ministerial Committee, terminate such appointment and ap oint any other appropriate person. Any Representative who does not attend more than t\\"O duly called and notified consecutive .meetings of the NTF Task Group ma)" be replaced by the Responsible Minister.

(5)

The Responsible Minister may invite such other appropriat personsas advisers to or observers on the NTF Task Group as may be appropr ate or necessary for the achievement of the NTF TFCA Objectives and as may be a reedb)' the Parties.

(6)

The Chair of the NTF Task Group shall be one of the epresentativesappointed pursuant to Article 4(2) which shall alternate between th Parties every two years unless otherwise agreed by the Responsible Ministers of the Parties. The Chair for the first two years shall be appointed by the Responsible Mini ter of the Government of South Africa.

~

..

ARTICLES

Duties and Powers of the NTF Task Group The NTF Task Group shall perform such authorised duties and e~erCisesuch powers as are granted to it in order to achieve the NTF TFCA Objectives nd, in particular without limitation, the NTF Task Group:

(1)

(2)

(3)

(4)

may establish a fund to meet its administrative costs and implement approved projects (the "Fund"), subject to guidance and directives from the T~CA Commission; is authorised to solicit and accept contributions for the Fun1 and to allocate, apply and dis.bursethe m~nies.in the Fund to meet its adI:1in.istrati~ea d pro.iectcosts, subjectto guidance and dIrectives from the TFCA CommIssion; shall proyjde the Ministerjal Committee and the TFCA on1I11ission on an annual basis with three copies of the complete) independently audit d financial statementsfor the previous financial year as well as a re~)ortof the previou financial )'ear's acti,'ities and a plan for the subsequenttwo )'ears; shall advise and report to the Ministerial they

may

reasonably

require

and

shall

Committee and! identify

and

le TFCA

reco nmend

Commission thc

adoption

as and

imp:emelltat.iol~ of S~I~I,\!)~)li(',ies ~\nd. measures as may b. l\eCCssal")'to ensure the achlcvcmcnt of the N I l' Jj'CA Ob.lcellvcs; ~h(l\.l) \viiliin

ut:l..tilc,uprot

ofi\1c

JiilVl: drafted uppoin{ m(:I~{.,(I!~ ~~I~ ]~eprq.S('I\li)li vc,lmm(~;10

tmplCmCl1{ )1

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J K~A

Ob~l:CII\"~

pfC)11cl1tat

a'11\1 iOl1

Programme") to be submitted for comment and/or approva~ to the TFCA Commission and relevant government agencies as directed by the TFCA Fommission;

(6)

m

is authorised to perforn1 and commission such studies _asare necessary for the development and drafting of an Implementation Programme; shall make detailed recommendations, in the frameW~ k of an Implementation Programme, as to permanent joint management mechanis s to achie\'e and maintain some or all of the NTF TFCA Objectives, and as to the co tinued role (if any) of the NTF Task Group;

(8)

shall, have accessto all relevant governn1ent entities for a~propriate information and assistance;and 1

(9)

shall take such actions as are necessary to implement th~ acti\'ities referred to in

Article 6.

r

ARTICLE 6

<:

(1)

Management meetings of the NTF Task Group shall take Pr time

and

venue

as

may

be

detenhined

by

the

NTF

Task

ce three

G oup.

times

The

a year

frequency,

at a time.

and venue of all other meetings shall be determined by the NTF Task Group as appropriate.

(2)

(3)

Subject to the availability of appropriate funding, the NTF Task Group shall as soon as possible establish a penn anent Secretariat to provide orga isationaland infonnation services to the NTF Task Group, and, subject to Article 6(5) hereof, to assist in implementation of the duties and policies of the NTF Task Group. Until the establisrunent of such Secretariat, the Responsible Minister shall each designate one Representative official to act as the key contact person for t e NTF Task Group. . The and

hosting timeous

minutes

and

assumed

(4)

(5:

member(s) distribution

by

of of

the

the

makil:g

the the

available

NTF proposed

Task

Group agenda,

of

a

suitable

shall the

be

r

record

venue,

f

ng SPonSible

l?less

and

distribution

such

for

preparation

duties

of

can

the

be

SecretarIat.

A quorum for decision-making shall consist of two lZepres lnativcs of each Party. All decisions of the NTF'[ask Group shall be taken on the bas s of co 1)sensus among the Representatives. In the e,/'en1 of 111eNl'F '[ask Group failil g to reach consensus, the matter \m~lerdiscllssion sha1l be refei"red 10 1l1C'fFCA CO)1mission which, if unable to rcsOI\'e1l1cmatler to 1hesatis[actio)) 01:'the. N"J']7'rasJ, G10ur, sl.mll rc[ci" the matter 10 111e1\1iI1ister'iat(~ommittec"

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strucl1.frc~I)I(t'mcc:I .c

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(6)

The secretarial duties to the NTF Task Group shall be ~upplied by the NTF Task Group members hosting a particular meeting,

unless such! dutics can be assumed by

the Secretariat.

ARTICLE 7

Financial Arrangements (1)

Until such time as the Fund has sufficient monies pursuantf shall,

in

respect

of

all

meetings

of

the

NTF

Task

Group,

O Article e

incurred in connection with the attendance and participatio and observerson the NTF Task Group. .

(2)

5(2),

responsible

each for

all

Party costs

of its members, advisers

At such time when the Fund has sufficient monies pursua t to Article 5(2), the NTF Task Group members hosting a particular meeting of the TF Task Group shall be responsible for all costs incurred in n1aking a venue avai able for the meetipg, the preparation and distribution of the proposed agenda, the re ording and distribution of the minutes, and the provision of secretarial services, unle s an)' such costs are to be assumedby the Secretariat.

~ ARTICLE 8

..

Dispute Settlement If any dispute arises between the Parties as to the int ~

pretation,

performance

dity

of

this

Protocol,

including

its

existence,

val

or

application temlination,

or such

dispute shall be first referred by either Party to the TF A Commission and the Ministerial Committee for negotiation and recommendation on amicable settlement.

(2)

If such dispute cannot be settled amicably, either Party mi

y

final

nent

and

binding

arbitration

in

accordance

with

the

Perm

submit Court

such of

dispute

to

Arbitration

Optional Rules for Arbitrating Disputes Between Two Stat s, as in effect on the date of signature of this Protocol. l'he. apl~ointing authority shall be the Secretary General df the Permanent Court of ArbItratIon at The Hague. ,j

7

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ARTICLE 9 Respect for National Legislation and Other Agreemen~s

Nothing in this Protocol shall be deemed as derogating from any 1 roviSion of the Domestic Law

of

any Party

or any obligations

assumed

by a Party

und

r agreements

previously

concluded.

ARTICLE 10 Respect for Nationa1 Initiatives Nothing in this Protocol shall be deemed as derogating from national initiatives and deve1opmentproceduresand the funding for such initiatives and pro edures within any TFCA consistent with TFCA Objectives. ..

ARTI CLE 11 't:

Amendment of the Protocol and Entry into Force of A (1)

(2)

t

"

endment

This Protocol may be amendedby rnutu'al agreementbetwee the Parties. An amendmentmutually agreedto by the Parties shall enter into force on the date on which each Party has notified the other Party thIough the us 1 diplomatic channels of its compliance with the constitutional requirements necess for the implementation of the relevant amendment.

ARTICLE 12

Entry into Force of the Protocol (1)

This Protocol shall enter into force on the date on which e~Ch Part)' has notified the other Part)' in writing through the usual diplomatic chaJ1l1els f its compliance with the constitutional requirements necessaryfor the implementation of this Protocol.

(2)

This Protocol shall terminate as betweenthe terminating par and the other Party on a ~la)'tl!l~eemonths after the date.upo.nwhich such Parl)' has gi 'en the other Parly notice

r

III \\'rltlng of the proposed1cfIlllnatlon.

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ARTICLE 13 Deposit

with

the United

:f i!;.; ~ c,

Nations

'.

This Protocol shall be deposited with the United Nations Headquart rs in New York IN WITNESS

WHEREOF the undersigned, being duly autho~ised by th"eir respective

Governments, have signed and sealed this Agreement.

DONE

~u ~\J C\.\\

at

I

on this the

I nt h.ISyear T\Vo Thousan.d

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FOR AND ON BEHALF OF THE GOVERNMENT OF THE REPUBLIC OF SOUTHAFRICA

~

1/ OF

THE GOVERNMENTpF THE REPUBLIC OF MOZAMBIQUE

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day of