Convention for the Protection, Management and development of the Marine and Coastal Environment of the Eastern African region
Preamble
The Contracting Parties,
Fully aware of the economic and social
value of the marine and coastal environment of
the Eastern Africa region,
Conscious of their responsibility to
preserve their natural heritage for the benefit
and enjoyment of present and future generations
Recognizing the special hydrographic
and ecological characteristics of the region which
require special care and responsible management
Recognizing further the threat to the
marine and coastal environment, its ecological
equilibriam, resources and legitimate uses posed
by pollution and by the insufficient intergration
of an environmental dimension into the development
process
Seeking to ensure that resource development
shall be in harmony with the maintenance of the
environmental quality of the region and the evolving
principles of rational and environmental management,
Realizing fully the need for co-operation
amongst themselves and with competent international
and regional organizations in order to ensure
a co-ordinated and comprehensive development of
the natural resources of the region,
Recognizing the desirability of promoting
the wider acceptance and national implementation
of existing international environmental agreements,
Noting, however, that existing international
conventions concerning the marine and coastal
environment do not cover, in spite of the progress
achieved, all aspects and sources of marine pollution
and environmental degradation and do not entirely
meet the special requirements of the Eastern Africa
region
Desirous to adopt a regional convention
elaborated within the framework of the Action
Plan for the Protection, Management and Development
of the Marine and Coastal Environment of the Eastern
Africa Region adopted at Nairobi on 21st June
1985,
Have agreed as follows:
Article 1: Geographical Coverage
Article 2: Definitions
Article 3: General Provisions
Article 4: General Obligations
Article 5: Pollution from ships
Article 6: Pollution caused by dumping
Article 7: Pollution from Land-Based Sources
Article 8: Pollution from Sea-Bed activities
Article 9: Airborne Pollution
Article 10: Specially Protected Areas
Article 11: Co-operation in combating pollution
in cases of emergency
Article 12: Environmental damage from engineering
activities
Article 13: Environmental Impact Assessment
Article 14: Scientific and technical co-operation
Article 15: Liability and Compensation
Article 16: Institutional Arrangements
Article 17: Meetings of the Contracting Parties
Article 18: Adoption of Protocols
Article 19: Amendement of the Convention and
its Protocols
Article 20: Annexes and amendement of annexes.
Article 21: Rules of procedure and financial
rules
Article 22: Special exercise of the right to
vote
Article 23: Transmission of information
Article 24: Settlement of disputes
Article 25: Relationship between the Convention
and its Protocols
Article 26: Signature
Article 27: Ratification, acceptance and approaval
Article 28: Accession
Article 29: Entry into force
Article 30: Withdrawal
Article 31: Responsibilities of the depositary
Articles :
Article 1: Geographical Coverage
- This Convention shall apply to the Eastern
African region, hereinafter referred to as "the
Convention area" as defined in paragraph
(a) of article 2.
- Except as may be otherwise provided in any
protocol to this Convention, the Convention
area shall not include internal waters of the
Contracting Parties.
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Article 2: Definitions
For the purposes of this Convention:
- Convention area" shall be
comprised of the marine and coastal environment
of that part of the Indian Ocean situated within
the Eastern African region and falling within
the jurisdiction of the Contracting Parties
to this Convention. The extent of the coastal
environment to be included within the Convention
area shall be indicated in each protocol to
this Convention taking into account the objectives
of the protocol concerned;
- "Pollution" means the introduction
by man directly or indirectly, of substances
or energy into the marine environment, including
estuaries, resulting in such deleterious effects
as harm to living resources hazards to human
health, hindrance to marine activities, including
fishing, impairment of quality for use of sea
water and reduction of amenities;
- Organization" means the body
designated as responsible for carrying out secretariat
functions pursuant to article 16 of this Convention.
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Article 3: General Provisions
- The Contracting Parties may enter into bilateral
or multilateral agreements, including regional
or subregional agreements, for the protection
and management of the marine and coastal environment
of the Convention area. Such agreements shall
be consistent with this Convention and in accordance
with international law. Copies of such agreements
shall be communicated to the Organization and.
through the Organization, to all Contracting
Parties to this Convention.
- Nothing in this Convention or its protocols
shall be deemed to affect obligations assumed
by a Contracting Party under agreements previously
concluded.
- This Convention and its protocols shall be
construed in accordance with international law
relating to their subject matter. Nothing in
this Convention and its protocols shall prejudice
the present or future claims and legal views
of any Contracting Party concerning the nature
and extent of its maritime jurisdiction.
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Article 4: General Obligations
- The Contracting Parties shall, individually
or jointly, take all appropriate measures in
conformity with international law and in accordance
with this Convention and those of its protocols
in force to which they are party, to prevent,
reduce and combat pollution of the Convention
area and to ensure Sound environmental management
of natural resources, using for this purpose
the best practicable means at their disposal,
and in accordance with their capabilities.
- The Contracting Parties shall cooperate in
the formulation and adoption of protocols to
facilitate the effective implementation of this
Convention.
- The Contracting Parties shall take all appropriate
measures in conformity with international law
for the effective discharge of the obligations
prescribed in thisConvention and its protocols
and shall endeavour to harmonize their policies
in this regard.
- The Contracting Parties shall cooperate with
the competent international, regional and subregional
organizations to ensure the effective implementation
of this Convention and its protocols. They shall
assist each other in fulfilling their obligations
under this Convention and its protocols.
- In taking the measures referred to in paragraph
1, the Contracting Parties shall ensure that
the application of such measures does not cause
pollution of the marine environment outside
the Convention area.
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Article 5: Pollution from ships
The Contracting Parties shall take all appropriate
measures to prevent, reduce and combat pollution
of the Convention area caused by discharges from
ships and, for this purpose, to ensure the effective
implementation of the applicable international
rules and standards established by, or within
the framework of, the competent international
organization.
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Article 6: Pollution caused by dumping
The Contracting Parties shall take all appropriate
measures to prevent, reduce and combat pollution
of the Convention area caused by dumping of wastes
and other matter at sea from ships, aircraft,
or man-made structures at sea, taking into account
applicable international rules and standards and
recommended practices and procedures.
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Article 7: Pollution from Land-Based
Sources
The Contracting Parties shall endeavour to take
all appropriate measures to prevent, reduce and
combat pollution of the Convention area caused
by coastal disposal or by discharges emanating
from rivers, estuaries, coastal establishments,
outfall structures or any other sources within
their territories.
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Article 8: Pollution from Sea-Bed activities
The Contracting Parties shall take all appropriate
measures to prevent, reduce and combat pollution
of the Convention area resulting directly or indirectly
from exploration and exploitation of the sea-bed
and its subsoil.
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Article 9: Airborne Pollution
The Contracting Parties shall take all appropriate
measures to prevent, reduce and combat pollution
of the Convention area resulting from discharges
into the atmosphere from activities under their
jurisdiction.
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Article 10: Specially Protected Areas
The Contracting Parties shall, individually or
jointly, take all appropriate measures to protect
and preserve rare or fragile ecosystems as well
as rare, depleted, threatened or endangered species
of wild fauna and flora and their habitats in
the Convention area. To this end the Contracting
Parties shall, in areas under their jurisdiction,
establish protected areas, such as parks and reserves,
and shall regulate and, where required and subject
to the rules of international law, prohibit an
activity likely to have adverse effects on the
species, ecosystems or biological processes that
such areas are established to protect. The establishment
of such areas shall not affect the rights of other
Contracting Parties and third States and in particular
other legitimate uses of the sea.
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Article 11: Co-operation in combating
pollution in cases of emergency
- The Contracting Parties shall cooperate in
taking all necessary measures to respond to
pollution emergencies in the Convention area
and to reduce or eliminate pollution or the
threat of pollution resulting therefrom. To
this end, the Contracting Parties shall, individually
and jointly, develop and promote contingency
plans for responding to incidents involving
pollution or the threat thereof in the Convention
area.
- When a Contracting Party becomes aware of
a case in which the Convention area is in imminent
danger of being polluted or has been polluted,
it shall immediately notify other States likely
to be affected by such pollution, as well as
competent international organizations. Furthermore,
it shall inform, as soon as feasible, such other
States and the Organization of any measures
it has taken to minimize or reduce pollution
or the threat thereof.
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Article 12: Environmental damage from
engineering activities
The Contracting Parties shall take all appropriate
measures to prevent, reduce and combat environmental
damage in the Convention area, in particular the
destruction of marine and coastal ecosystems,
caused by engineering activities such as land
reclamation and dredging.
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Article 13: Environmental Impact Assessment
- As part of their environmental management
policies, the Contracting Parties shall, in
cooperation with competent regional and international
organizations if necessary, develop technical
and other guidelines to assist the planning
of their major development projects in such
a way as to prevent or minimize harmful impacts
on the Convention area.
- Each Contracting Party shall assess, within
its capabilities, the potential environmental
effects of major projects which it has reasonable
grounds to expect may cause substantial pollution
of, or significant and harmful changes to, the
Convention area.
- With respect to the assessments referred
to in paragraph 2, the Contracting Parties shall,
if appropriate in consultation with the Organization,
develop procedures for the dissemination of
information and, if necessary, for consultations
among the Contracting Parties concerned.
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Article 14: Scientific and technical
co-operation
- The Contracting Parties shall cooperate,
directly or with the assistance of competent
regional and international organizations, in
scientific research, monitoring, and the exchange
of data and other scientific information relating
to the purposes of this Convention and its protocols.
- To this end, the Contracting Parties shall
develop and coordinate their research and monitoring
programmes concerning pollution and natural
resources in the Convention area and shall establish,
in cooperation with competent regional and international
organizations, a regional network of national
research centres and institutes to ensure compatible
results. With the aim of further protecting
the Convention area, the Contracting Parties
shall endeavour to participate in international
arrangements for research and monitoring outside
the Convention area.
- The Contracting Parties shall cooperate,
within their available capabilities, directly
or through competent regional and international
organizations, in the provision to other Contracting
Parties of technical and other assistance in
fields relating to pollution and sound environmental
management of the Convention area.
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Article 15: Liability and Compensation
The Contracting Parties shall cooperate, directly
or with the assistance of competent regional and
international organizations, with a view of formulating
and adopting appropriate rules and procedures
which are in conformity with international law
in the field of liability and compensation for
damage resulting from pollution of the Convention
area.
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Article 16: Institutional Arrangements
- The Contracting Parties designate the United
Nations Environment Programme as the secretariat
of the Convention to carry out the following
functions:
- to prepare and convene the meetings of
Contracting Parties and conferences provided
for in articles 17,18 and 19;
- to transmit to the Contracting Parties
information received in accordance with
articles 11, 13 and 23;
- to perform the functions assigned to
its protocols to this Convention;
- to consider enquiries by, and information
from the Contracting Parties and to consult
with them on questions relating to this
Convention and protocols;
- to coordinate the implementation of operative
activities agreed upon by the meetings Contracting
Parties;
- to ensure the necessary coordination
with other regional and international bodies
that Contracting Parties consider competent;
- to enter into such administrative arrangements
as may be required for the effective discharge
of secretariat functions.
- Each Contracting Party shall designate appropriate
authority to serve as the channel of communication
with the Organization for purposes of this Convention
and its protocols.
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Article 17: Meetings of the Contracting
Parties
- The Contracting Parties shall hold ordinary
meetings once every two years. It shall be the
function of the ordinary meetings of the Contracting
Parties to keep under review the implementation
of this Convention and its protocols and, in
particular:
- to consider information submitted by
the Contracting Parties under article 23;
- to adopt, review and amend annexes to
this Convention and to its related protocols,
in accordance with the provisions of article
20;
- to make recommendations regarding the
adoption of any additional protocols or
amendments to this Convention or its protocols
in accordance with the provisions of articles
18 and 19;
- to establish working groups as required
to consider any matters concerning this
Convention and its protocols;
(e) to assess periodically the state of
the environment in the Convention area;
- to consider cooperative activities to
be undertaken within the framework of this
Convention and its protocols, including
their financial and institutional implications,
and to adopt decisions relating thereto;
- to consider and undertake any additional
action that may be required for the achievement
of the purposes of this Convention and its
protocols.
- The Organization shall convene the first
ordinary meeting of the Contracting Parties
within nine months of the date on which the
Convention enters into force in accordance with
article 29.
- Extraordinary meetings shall be convened
at the request of any Contracting Party or upon
the request of the Organization, provided that
such requests are supported by a two-thirds
majority of the Contracting Parties. It shall
be the function of the extraordinary meeting
of the Contracting Parties to consider only
those items proposed in the request for the
holding of the extraordinary meeting.
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Article 18: Adoption of Protocols
- The Contracting Parties, at a conference
of plenipotentiaries, may adopt additional protocols
to this Convention pursuant to paragraph 2 of
article 4.
- If so requested by a two-thirds majority
of the Contracting Parties, the Organization
shall convene a conference of plenipotentiaries
for the purpose of adopting additional protocols
to this Convention.
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Article 19: Amendement of the Convention
and its Protocols
- Any Contracting Party may propose amendments
to this Convention. Amendments shall be adopted
by a conference of plenipotentiaries which shall
be convened by the Organization at the request
of a two-thirds majority of the Contracting
Parties.
- Any Contracting Party to this Convention
may propose amendments to any protocol. Such
amendments shall be adopted by a conference
of plenipotentiaries which shall be convened
by the Organization at the request of a two-thirds
majority of the Contracting Parties to the protocol
concerned.
- The text of any proposed amendment shall
be communicated by the Organization to all Contracting
Parties at least ninety days before the opening
of the conference of plenipotentiaries.
- Any amendment to this Convention shall be
adopted by a two-thirds majority vote of the
Contracting Parties to the Convention which
are present and voting at the conference of
plenipotentiaries and shall be submitted by
the Depositary for acceptance by all Contracting
Parties to the Convention. Amendments to any
protocol shall be adopted by a two-thirds majority
vote of the Contracting Parties to the protocol
which are present and voting at the conference
of plenipotentiaries and shall be submitted
by the Depositary for acceptance by all Contracting
Parties to the protocol.
- Instruments of ratification, acceptance or
approval of amendments shall be deposited with
the Depositary. Amendments adopted in accordance
with paragraph 4 shall enter into force between
Contracting Parties having accepted such amendments
on the thirtieth day following the date of receipt
by the Depositary of the instruments of at least
six of the Contracting Parties to this Convention
or to the protocol concerned, as the case may
be. Thereafter the amendments shall enter into
force for any other Contracting Party on the
thirtieth day after the date on which that Party
deposits its instrument.
- After the entry into force of an amendment
to this Convention or to a protocol, any new
Contracting Party to this Convention or such
protocol shall become a Contracting Party to
the Convention or protocol as amended.
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Article 20: Annexes and amendement of
annexes.
- Annexes to this Convention or to a protocol
shall form an integral part of the Convention
or, as the case may be, such protocol.
- Except as may be otherwise provided in any
protocol with respect to its annexes, the following
procedure shall apply to the adoption and entry
into force of amendments to annexes to this
Convention or to annexes to a protocol:
(a) any Contracting Party may propose amendments
to annexes to this Convention or annexes to
any protocol at the meetings convened pursuant
to article 17;
(b) such amendments shall be adopted
by a two-thirds majority vote of the Contracting
Parties to the instrument in question;
(c) the
Depositary shall without delay communicate the
amendments so adopted to all Contracting Parties
to this Convention;
(d) any Contracting Party
that is unable to accept an amendment to annexes
to this Convention or to annexes to any protocol
shall so notify the Depositary in writing within
a period determined by the Contracting Parties
concerned when adopting the amendment;
(e) the
Depositary shall without delay notify all Contracting
Parties of notifications received pursuant to
the preceding subparagraph;
(f) on expiry of
the period determined in accordance with subparagraph
(d) above, the amendment to the annex shall
become effective for all Contracting Parties
to this Convention or to the protocol concerned
which have not submitted a notification in accordance
with the provisions of that subparagraph;
(g)
a Contracting Party may at any time substitute
an acceptance for a previous declaration of
objection, and the amendment shall thereupon
enter into force for that Party.
- The adoption and entry into force of a new
annex to this Convention or to any protocol
shall be subject to the same procedure as that
for the adoption and entry into force of an
amendment to an annex, provided that, if it
entails an amendment to the Convention or a
protocol, the new annex shall not enter into
force until such time as that amendment enters
into force.
- Any amendment to the Annex on Arbitration
shall be proposed and adopted, and shall enter
into force, in accordance with the procedures
set out in article 19.
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Article 21: Rules of procedure and financial
rules
- The Contracting Parties shall adopt rules
of procedure for their meetings.
- The Contracting Parties shall adopt financial
rules, prepared in consultation with the Organization,
to determine, in particular, their financial
participation in the cooperative activities
undertaken for the purposes of this Convention
and of protocols to which they are parties.
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Article 22: Special exercise of the right
to vote
In their fields of competence, the regional intergovernmental
integration organizations referred to in article
26 shall exercise their right to vote with a number
of votes equal to the number of their member States
which are Contracting Parties to this Convention
and to one or more protocols. Such organizations
shall not exercise their rights to vote if the
member States concerned exercise theirs and vice
versa.
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Article 23: Transmission of information
The Contracting Parties shall transmit regularly
to the Organization information on the measures
adopted by them in the implementation of this
Convention and of protocols to which they are
parties, in such form as the meetings of Contracting
Parties may determine.
Article 24: Settlement of disputes
- In case of a dispute between Contracting
Parties as to the interpretation or application
of this Convention or its protocols, they shall
seek a settlement of the dispute through negotiation
or any other peaceful means of their own choice.
- If the Parties concerned cannot settle the
dispute through the means mentioned in the preceding
paragraph, the dispute shall, upon common agreement
of the Parties concerned, be submitted to arbitration
under the conditions set out in the Annex on
Arbitration.
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Article 25: Relationship between the
Convention and its Protocols
- No State or regional intergovernmental integration
organization may become a Contracting Party
to this Convention unless it becomes at the
same time a Contracting Party to at least one
protocol to the Convention. No State or regional
intergovernmental integration organization may
become a Contracting Party to a protocol unless
it is, or becomes at the same time, a Contracting
Party to this Convention.
- Decisions concerning any protocol shall be
taken only by the Contracting Parties to the
protocol concerned.
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Article 26: Signature
This Convention, the Protocol concerning Protected
Areas and Wild Fauna and Flora in the Eastern
African Region and the Protocol concerning cooperation
in Combating Marine Pollution in Cases of Emergency
in the Eastern African Region shall be open for
signature at Nairobi from 21 June 1985 to 20 June
1986 by any State invited as participant to the
Conference of Plenipotentiaries on the Protection,
Management and Development of the Marine and Coastal
Environment of the Eastern African Region, held
at Nairobi from 17 June 1985 to 21 June 1985.
They shall also be open for signature between
the same dates by any regional intergovernmental
integration organization exercising competence
in fields covered by the Convention and such protocols
and having at least one member State which belongs
to the Eastern African region provided that such
regional organization has been invited to participate
in the Conference of Plenipotentiaries.
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Article 27: Ratification, acceptance
and approaval
This Convention and its protocols shall be subject
to ratification, acceptance or approval by the
States and organizations referred to in article
26. Instruments of ratification,acceptance or
approval shall be deposited with the Government
of the Republic of Kenya which will assume the
functions of Depositary.
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Article 28: Accession
- This Convention and its protocols shall be
open for accession by the States and organizations
referred to in article 26 as from the day following
the date on which the Convention or the protocol
concerned is closed for signature.
- After the entry into force of this Convention
and of any protocol, any State or regional intergovernmental
integration organization not referred to in
article 26 may accede to the Convention and
to any protocol, subject to prior approval by
three-fourths of the Contracting Parties to
the Convention or the protocol concerned.
- Instruments of accession shall be deposited
with the Depositary.
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Article 29: Entry into force
- This Convention shall enter into force on
the same date as the first protocol entering
into force.
- Any protocol to this Convention, except as
otherwise provided in such protocol, shall enter
into force on the ninetieth day following the
date of deposit of the sixth instrument of ratification,
acceptance, or approval of, or accession to,
such protocol by the States referred to in article
26.
- Thereafter, this Convention and any protocol
shall enter into force with respect to any State
or organization referred to in article 26 or
article 28 on the ninetieth day following the
date of deposit of its instruments of ratification,
acceptance, approval or accession.
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Article 30: Withdrawal
- At any time after three years from the date
of entry into force of this Convention with
respect to a Contracting Party, that Contracting
Party may withdraw from this Convention by giving
written notification to the Depositary.
- Except as may be otherwise provided in any
protocol to this Convention, any Contracting
Party may, at any time after three years from
the date of entry into force of such protocol
with respect to that Contracting Party, withdraw
from such protocol by giving written notification
to the Depositary.
- Withdrawal shall take effect one year after
the date on which notification of withdrawal
is received by the Depositary.
- Any Contracting Party which withdraws from
this Convention shall be considered as also
having withdrawn from any protocol to which
it was a Contracting Party.
- Any Contracting Party which, upon its withdrawal
from a protocol, is no longer a Contracting
Party to any protocol to this Convention, shall
be considered as also having withdrawn from
the Convention itself.
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Article 31: Responsibilities of the depositary
- The Depositary shall inform the signatories
and the Contracting Parties, as well as the
Organization, of:
(a) the signature of this Convention and of
its protocols and the deposit of instruments
of ratification, acceptance, approval or accession;
(b) the date on which the Convention or any
protocol will come into force for each Contracting
Party;
(c) notification of withdrawal and the date
on which it will take effect;
(d) the amendments adopted with respect to the
Convention or to any protocol, their acceptance
by the Contracting Parties and the date of their
entry into force;
(e) all matters relating to new annexes and
to the amendment of any annex.
- The original of this Convention and of any
protocol shall be deposited with the Depositary,
the Government of the Republic of Kenya, which
shall send certified copies thereof to the Signatories,
the Contracting Parties and the Organization.
- As soon as the Convention or any protocol
enters into force, the Depositary shall transmit
a certified copy of the instrument concerned
to the Secretary-General of the United Nations
for registration and publication in accordance
with Article 102 of the Charter of the United
Nations.
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In witness whereof the undersigned, being duly
authorized by their respective Governments,
have signed this Convention.
Done at Nairobi this twenty-first day of June
one thousand nine hundred and eighty-five in
single copy in the English and French languages,
the two texts being equally authentic.
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