MARITIME ORGANISATION OF WEST AND CENTRAL AFRICA

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1 MARITIME ORGANISATION OF WEST AND CENTRAL AFRICA E 7th Session of the Bureau of Ministers Dakar 2011 REPORT Original: ENGLISH Version : English April2011 Dakar, Republic of Senegal Mission Statement: "Towards a cast-effective Maritime Transport Service, high on safety, security and law on pollution" REPORT.r--- Introduction Upon the invitation by the Chairman of the Maritime Organisation of West and Central Africa (MOWCA), the Honourable Minister of Maritime Economy, Fishing and Maritime Transport of the Republic of Senegal, Honourable Khouraïchi Thiam, the ih Session of the MOWCA Bureau of Ministers took place at the Hotel Meridien in Dakar, Republic of Senegal as follows April, Meeting of MOWCA Committee of Experts; 13 April2011 Meeting of Ministers, Present at the Meeting were: Seven of the eight Members of the MOWCA Bureau of Ministers viz Angola, Burkina Faso, Congo DR, Ghana, Niger, Nigeria, Senegal. Absent with reason was Cote D'Ivoire. Present as Observers were Cameroon, Congo. Also present were Members of the MOWCA Committee of Experts of the Bureau, Representatives of IMO, MOU Abuja, the Union of African Shippers Councils (UASC), the Port Management Association of West and Central Africa (PMAWCA), the Association of African Shipping Lines (AASL), the Regional Maritime,~ University (RMU), Accra, Ghana, The MOWCA Secretariat in conjunction with the Senegalese Authorities, particularly, ANAM of Senegal, assisted the meetings. Opening Ceremony The ih Session of the Bureau of Ministers opened in Dakar, Republic of Senegal on 13 1 h April 2011 at 1Oh30. This was preceded by a two-day preparatory meeting of the MOWCA Committee of Experts of the Bureau. At the Opening ceremony, speeches were delivered by the Chairman of the MOWCA Committee of Experts, Mr. Yérim Thioub, Secretary General of MOWCA; Mr Magnus T. Addico, the opening speech was delivered by the Honourable Minister of Maritime Economy, Maritime Transport and Fishing of the Republic of Senegal, Chairman of MOWCA, Honourable Khouraïchi Thiam, who also represented H.E. the Prime Minister of the Republic of Senegal. 1

2 Installation of Bureau Report ln accordance with the Rules of Procedure of MOWCA, the Bureau of the Organisation was composed as follows: + Chairman: Re public of Senegal 1 51 Vice-Chairman: Democratie Republic of Congo + 2nd Vice-Chairman: Republic of Ghana + Rapporteur: Republic of Niger + Host Nation of MOWCA Secretariat Republic of Côte d'ivoire + Chairman of Committee 1:... Federal Re public of Nigeria On maritime safety and protection of marine, river and. lagoon environment + Chairman of Committee 2: Re public of Angola On shipping services, auxiliary activities, statistical and economie data + Chairman of Committee 3: Burkina Faso On Facilitation of transit transport and specifie problems of Landlocked countries ln attendance was the Secretary-General of MOWCA. Item 1: ADOPTION OF THE AGENDA CONSIDERATION OF AGENDA ITEMS On a proposai by the Secretary General, the Bureau of Ministers examined and unanimously adopted the draft agenda under document: MOWCA/ Item 2: ORGANISATION OF WORK 2.1. Working language The working languages of MOWCA were English, French and Portuguese 2.2. Meeting in plenarv The meeting was held in plenary Working hours The meeting started in the morning at 10h30 a.m. and was adjourned at 13h00, ln the afternoon, it resumed at 14h30 and ended at 17h30. To this end, the Secretary General proposed to the Bureau of Ministers, the draft work program under the document MOWCA/ That was adopted with the above ame nd ment, 2.4. Final report The Bureau of Ministers adopted this final report at the end of its 7th Session. 2

3 Item 3: SECRETARY GENERAL'S ACTIVITY REPORT Report Presentation The Secretary General's activity report provided information on the state of implementation of the Organisation's work program approved by the General Assembly of Ministers. This report covered the period July, 2008 to March The objective of the MOWCA work program is the achievement for the sub-region, of a casteffective maritime transport services, high on safety, security and law on pollution. The work program comprises five (5) sections: The establishment and strengthening of an institutional framework for cooperation and integration through effective organisation of the General Assembly, the Bureau of Ministers, the Committee of Experts, the Secretariat and relations with the Member States and Development Partners. Maritime safety, security, and marine environmental protection; largely through the establishment of the Regional Coast Guard Network and implementation of relevant IMO Conventions, Codes and Regulations. Cost-effectiveness of the supply and demand for maritime transport services (port, shipping/transit transport and multimodal transport) Centre for Information and Communication Regional Maritime Fund and Regional Maritime Development Bank ln implementing the work program, the Secretary General worked closely with the then Chairman of the Organisation, Honourable Souleymane Ndene Ndiaye, then Minister of State, of Maritime Economy, of Maritime Transport, and of Fishing of the Republic of Senegal. Since March 2009, the Chairman of MOWCA, the Honourable Souleymane Ndene Ndiaye was appointed the Prime Minister of the Republic of Senegal and therefore was replaced by Honourable Khouraïchi Thiam as Minister of Maritime Economy, Fishing and Maritime Transport of the Republic of Sen egal and current Chairman of MOWCA. ln the implementation of the work program, the Secretary General encountered three main obstacles: (i) the high volume of work in relation to the available hum an and financial resources at the Secretariat (ii) rapid changes in personnel at the level of the member States and impact on prioritisation of maritime transport policy and programmes (iii) the serious political and security crisis in the host Nation of MOWCA, Cote d'ivoire, that had rendered the MOWCA Secretariat virtually dysfunctional in Abidjan. Ali the banking institutions closed their doors to customers including MOWCA. When the security situation seriously deteriorated in parts of Abidjan, sorne staff and their families had to move to the Secretary-General's residence in Abidjan for safety. The Secretary General and the staff largely operated from own residences in Accra, and Abidjan respectively, at considerable persona! costs. However, despite the above obstacles, the Secretary General and his staff were able to focus weil enough on the implementation of its work program during the period of review (July 2008-March. 2011) as follows: 3

4 ACTIVITIES: Report Successful organisation of the 13 1 h General Assembly of Ministers held in Dakar, Republic of Senegal, July 2008 and subsequent Implementation of decisions of the 13 1 h General Assembly; Presentation of Paper on Regional Coast Guard initiative at an International Conference on Maritime Security, Wilton Park, UK, Jan 2009; Organisation of meeting of MOWCA Committee of Experts on IMO/MOWCA Subregional Coast Guard Network/ Abidjan, March 2009; Convening of the International Panel of Interviewers for the recruitment of Senior Staff to the MOWCA Secretariat, Abidjan, March, 2009; Organisation of meeting of Experts on the Establishment of the Regional Maritime Development Bank, Abuja, Nigeria, July 2009; Participation and addressing the General Assembly of the Union of African Shippers' Councils, held in Libreville, Gabon, Sept. 2009; Participation and Presentation of Paper on the Regional Coast Guard Network at the International Seminar on Maritime Security held in Dakar, Senegal, October, 2009 Presentation of Paper on Maritime Security Policy in Africa at the World Maritime University, Malmo, Sweden, 23 October, 2009; Presentation of Paper on the Regional Coast Guard Initiative in Africa, to Swedish Defence Research Group in Stockholm, Sweden, 24 October, 2009; Organisation, jointly with the Republic of Benin, of an International Symposium on Maritime Policy in West and Central Africa, Cotonou, 29 September-3 October, 2009; Participation and Presentation of Paper on the Regional Coast Guard Initiative for Africa at the AU Conference of Ministers held in Durban, South Africa, October, 2009; Participation in the IMO General Assembly, London, 23 November -2 December, 2009; Working Visit to Abuja, Federal Republic of Nigeria on the state of implementation of the Regional Maritime Development Bank, 6-8 January, 201 0; Pursuit of the Program of Assistance of the Republic of Korea in faveur of MOWCA both in terms of equipment supply and training: 78 Experts of the sub-region have so far been trained under the program. a) Regarding Training: the following member States and institutions have benefited: Angola, Benin, Burkina Faso, Cameroon, Cape Verde, Central Africa, Congo, Côte d'ivoire, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Equatorial Guinea, Liberia, Mali, Mauritania, Nigeria, Sao Tome, Senegal, Sierra Leone, Togo, Maritime Academies of Abidjan and Oron, Regional Maritime University of Accra, PMAWCA, MOU/Abuja and MOWCA Secretariat 4

5 b) Regarding vehicles and equipment: the beneficiaries were the Coast guard Coordinating Centres: Congo, Côte d'ivoire, Nigeria, Senegal, Maritime Academy of Abidjan, Regional Maritime University, Accra and MOWCA General Secretariat: Pursuit of program of Cooperation and assistance with other Development Partners continues; Presentation of lectures on Maritime Security at the World Maritime University, Malmo, Sweden, September, 201 0; Participation in an international conference on Maritime Security, organised by the US Africom, held in Frankfurt, Germ any, September, 201 0; Participation and addressing the UASC's Shippers' Day held in Luanda, Angola, November, 201 0; Participation and addressing in two Ministerial meetings of the Abuja MOU, held in Abuja, Federal Republic of Nigeria, March, October, 201 0; Organisation of the meeting of Maritime Administrations 1 Merchant Marines to establish the Association of Maritime Administrations, in Grand Bassam, Cote D'Ivoire October 201 0; Organisation of the international conference of stakeholders to progress work on IMO/MOWCA sub-regional coastguard Network, held in Accra, Ghana, Dec, 201 0; Participation and presentation of paper on Maritime Policy and on Maritime Security at an international conference on Maritime Transport logistics, and supply chain management in Accra, Ghana, March, 2011; Participation and addressing a meeting to sign a cooperation agreement between the Shanghai Maritime University and the Regional Maritime University, at the Regional Maritime University, Accra, Ghana, March, 2011; Presentation of Paper at a conference on Maritime Affairs and Country Development: Opportunities and Challenges organised by the Chatham House, in London, on 31 March /1 April, Acknowledgements ln implementing his work program, the Secretary General expressed his deep gratitude to the member States, and the Experts for the ir invaluable support. The Secretary General expressed his profound gratitude to the then Chairman of MOWCA and current Prime Minister of the Republic of Senegal, Excellency Souleymane Ndene Ndiaye, for his sustained effort resulting in the positive results obtained regarding the promotion and development of the sub-regional Institution. ln the same breath, the Secretary General congratulated the current Chairman, Honourable Khouraïchi Thiam for taking ali necessary measures, on assumption of office, to ensure the continuity of the presidency of the Organisation. He addressed his deep gratitude to the team of Experts working with the MOWCA Chairman particularly, the Secretary Generai/Director General of Cabinet, the Chairman of MOWCA Committee of Experts and Director General of ANAM, : Mr. Yérim Thioub, Mr Maguèye Gueye, Cdt. Seydou Diallo, Director General of COSAMA, the Director General of the Port of Dakar, Mr. Bara Sady and the Director General of COSEC Mr. Amadou Kane Diallo. He expressed his deep gratitude to the host Nation, Republic of Côte d'ivoire through its Honourable Minister of Transport as weil as the Director General of the National Maritime Administration and Ports, Col Tano Bertin, and his Staff, including Col Mamadou Mariko. 5

6 The Secretary General seized the opportunity to renew his gratitude to Mrs Mfon Usoro of Nigeria, the current Secretary-General of the MOU Abuja, for her unceasing support to MOWCA; to Chief Chris Orode (Regional Maritime Development Bank, RMDB), RADM (rtd) Ahmed Dirisu (Sub-regional coastguard Network), and Mr Bawa (General Assistance) ali of Nigeria for their support and to the Accredited Representative of MOWCA at IMO, Mrs. Rosa Sobrinho and her assistance, Mr Olivio, for their invaluable contribution to the cause of MOWCA at the IMO in London. The Secretary General also expressed his gratitude to the member States, who, during this period, have honoured part or ali of their financial commitments to the Organisation namely: Angola, Benin, Côte d'ivoire, Congo, RD Congo, Gabon, The Gambia, Ghana, Guinea, Guinea Bissau Nigeria, Senegal and Sierra Leone. He also expressed his appreciation for the efforts being made by other member States to honour the ir financial commitments. He congratulated the former and current Rectors of the Regional Maritime University Accra for their significant contributions in the development of the Regional Maritime Academy, Accra and its transformation to the status of a Regional Maritime University. The Secretary General expressed his gratitude to the International Partners of MOWCA for their assistance, particularly, IMO, the Republic of Korea, its Embassy in Abidjan and the Korea International Cooperation Agency (KOICA), France, United Kingdom, United States and Canada, for their availability to sustain the implementation of the projects and programs of the Organisation. Further, the Secretary General seized the opportunity to also convey his congratulations and gratitude to the Specialised Organs, the Regional Maritime University of Accra and the Maritime Academies of Abidjan and Oron, to the Ports Authorities and Shippers' Councils and to the Staff of MOWCA Secretariat for their availability and their important contribution to the execution of his work program. Decision No The Bureau of Ministers decided to: (i) (ii) (iii) (iv) (v) (vi) Express appreciation for the progress made in the implementation of the work program of the Secretary General since the 13 1 h Session of the General Assembly; note the contribution made by member States to the running of the Organisation and appreciate their support in the implementation of the projects and programs; congratulate the Republic of Senegal, and the Current Chairman, as weil as his predecessor, their staff, for the invaluab/e support given to the Secretary General in the implementation of his work program since the 13 1 h Session of the General Assembly; congratulate the Republic of Côte d'ivoire, host country for its support to the Secretary General and pray for peace in the land note the important support given by the /MO, Korea, the US and al/ other International Organisations and Oevelopment Partners in implementing the projects and programs; congratulate the Secretary General and his Staff of the Secretariat for the efforts made despite the serious challenges 1 modest means and to encourage them in their efforts at implementing the projects and programmes; 6

7 (vii) Report adopt a special motion of thanks to the Secretary-General, Mr M. T. Addico for redynamising the sub-regional Organisation. Item 4: REPORT OF THE MOWCA COMMITTEE OF EXPERTS The MOWCA Committee of Experts, through the rapporteur, Niger, presented its report to the Hon Ministers with recommendations on each item of Agenda. The Bureau of Ministers took the Experts report into account in taking their own decisions on the following agenda items: Item 5: THE STATE OF MOWCA IN THE FACE OF THE SERIOUS POLIT/CAL AND SECURITY CR/SIS IN COTE D'IVOIRE Presentation Following the elections in Cote d'ivoire, the country was plunged into a serious political and security crisis known to the member States and entire international community. The crisis virtually rendered the Secretariat of MOWCA based in Abidjan dysfunctional. lt had become unsafe to leave one's residence. The Secretary-General had to relocate to Accra for an uninterrupted work and made his residence in Abidjan available to some members of staff and their families who were threatened at their own locations. The Secretary-General said his official residence, like many others, was broken into by some unknown armed men and severa! items including official vehicles were taken away. The MOWCA problems became more serious when the Banks in ali of Abidjan suddenly closed their doors to ali customers including MOWCA in response to the international economie sanctions placed on the country. The Secretary-General managed to acquire some funds to pay the staff until end of April He said if the situation did not improve and the banks continued to be closed the staff could no more be paid their salaries after April To find a solution to the problem, the Secretary-General got the Accountant of the Organisation, following a letter the Secretary-General wrote to the MOWCA Chairman in Dakar, travelled to Lame, Togo to facilitate the opening of an emergency account at the ECOBANK-Lome. Subsequently the Secretary-General travelled by raad to Lame to sign the Accounts. He then wrote to ali member States giving details of the new account and called on member States for special saving contributions. The request to member States was still open. The Secretary-General said he might need to relocate staff and their families to Accra to continue the implementation of MOWCA work program, if the situation in Abidjan continued to deteriorate. On 11 1 h April 2011, however, there was a significant development in the lvorian crisis when the former President was arrested in Abidjan and the severe hostilities ceased. 7

8 Decision No The Bureau of Ministers decided ta: (i) Take note of the serious challenges faced by the MOWCA Secretariat in the face of the lvorian crisis and appreciate the actions taken by the Secretary-General ta save the situation and ensure that MOWCA continued ta operate. (ii) Appreciate the contribution made by the Staff towards the continued operation of the Organisation (iii) Congratulate member States who in diverse ways assisted the Secretariat during ils time ofneed (iv) Cal/ on al/ member States ta make their special contributions ta the emergency account opened at ECOBANK, Lame, Togo. This was ta enable the Organisation continue ta operate after April, (v) Ta lake note of the significant developments in the lvorian crisis and considered it unnecessary ta relocate the Secretariat from Abidjan. Item 6: MOWCA PROJECTS & PROGRAMS Presentation Item 6.1.: Sub-regional Coast Guard Network The Secretary General presented to the 13 1 h General Assembly of Ministers, held in Dakar, Senegal, July, 2008, a progress report and a draft MOU on the implementation of the IMO/MOWCA Sub-regional Coast Guard Network for West and Central Africa. The member States approved the MOU and 11 out of the 20 coastal member State!:! immediately signed it for implementation. Four Member States signed the MOU after the General Assembly bringing the number of signatories to 15. The fifteen (15) Coastal member States that have signed the MOU are as follows: Benin, Cape Verde, Cameroun, Congo, DR Congo, Cote D'Ivoire, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Nigeria, Senegal, Sierra Leone, Togo The five (5) Coastal Member States that are yet to sign: Angola, Equatorial Guinea, Liberia, Mauritania, Sao Tome and Principe The Sub-regional Coast Guard Network is a joint IMO/MOWCA project aimed at reinforcing cooperation between member States in the face of mounting problems of piracy, armed robbery and ether illicit acts against ships (SUA Convention), combating illegal immigration, terrorism and also marine pollution (MARPOL), illegal exploitation of the resources of the exclusive economie zones of member States, the implementation of United Nations Conventions on Maritime Security and Safety (SOLAS and ISPS Code), Search and Rescue (SAR Convention), protection of marine environment as weil as the implementation of the Convention on the Law of Sea. 8

9 The road map to the implementation of the project is as follows: 1. Adoption of the MOU by the 13 1 h General Assembly of Ministers, preceded by an IMO sponsored Feasibility Study, preparatory meetings in Abidjan and Lagos of MOWCA Experts and an IMO/MOWCA International Forum held in Dakar, Senegal, ali of which highly recommended the establishment of the Sub-regional Coast Gua rd Network. 2. Following the IMO/MOWCA International Forum, the Project was subsequently approved by the General Assembly of IMO, the African Union and UN Office of the Law of the Sea. 3. The draft MOU aimed at ensuring the implementation and the effective running of the Coast Guard Network is built around the following five (5) chapters: the preamble stipulating the definitions and the relevant instruments; the running of the Coast Gua rd Network at the national and sub-regional leve!; issues relating to financing; the States Parties' engagement; the amendments, appendices and other provisions 4 The MOU provides for the following: division of the sub-region into four maritime/coastguard zones: Zone/ Mauritania, Senegal, The Gambia, Guinea Bissau, Cape Verde; Zonal Coordinating Centre: Dakar (Senegal); Zone Il Guinea, Sierra Leone, Liberia, Côte d'ivoire, Ghana; Zonal Coordinating Centre: Abidjan (Côte d'ivoire); 1. 1 i Zone Ill Togo, Benin, Nigeria, Cameroon, Equatorial Guinea; Zonal Coordinating Centre: Lagos (Nigeria); Zone/V Gabon, Congo, ROC, Sao Tome & Principe, Angola ; Zonal Coordinating Centre: Pointe-Noire (Congo); Establishment of four (4) Coastguard Coordinating Centres: Dakar (Senegal); Abidjan (Côte d'ivoire); Lagos (Nigeria); Pointe-Noire (Congo); Establishment of two (2) Principal Coordinating Centres of the Sub-regional lntegrated Coast Guard Network: Accra (Ghana) - Luanda (Angola); The MOU provides that once ali the member States in a zone have signed the MOU that Zone is ready to implement the MOU; Operation of the Coast Guard Network in times of crisis and of peace. 9

10 Following the 13 1 h General Assembly, the Secretary-General convened in Abidjan, in March 2009, the MOWCA Committee of Experts to discuss the implementation of the MOU. The meeting was opened by the Hon Minister of Transport of Cote d'ivoire, addressed by Secretary General of MOWCA, the representative of the current Chairman of MOWCA and presided over by the Representative of Nigeria, Chairman of the MOWCA Committee on Maritime Safety, Security and environmental protection Mr. Joshua Okpo of Nigeria. The Experts meeting took the following decisions for the attention of the Bureau: the Coast Guard will be a civilian institution in each member State under the supervision of the Ministry in charge of Maritime Administration operating with the support of navy; in each country member of a zone, human resources and equipment will be reviewed, harmonised and kept ready for any emergency situation. ln this regard, the project will include contingency plans and mock exercises; Each national maritime administration will take the necessary steps to develop the national Coast Guard. Once ali the member States in a given Zone have signed the MOU, the MOU comes into force in that region; Called on Member States hosting the Zonal Centres to ensure that states that have not yet signed the MOU should consider doing so as soon as possible to enable the Zone to start work; called on the Member States hosting the Coordinating Centres to provide the necessary Headquarters logistics support and appoint the Zonal Coordinators for the set up of the Coordinating Centres; supported the Secretary-General proposai to convene a Round Table of Member States, Stakeholders and Development Partners to discuss the implementation of the MOU. Following the Experts meeting, two member States appointed their Zonal Coordinators, viz: Nigeria and Senegal. Contacts have been made with the member States in each zone that are yet to sign the MOU to do so. Countries that have indicated willingness to sign are Equatorial Guinea (Zone Ill), Mauritania (Zone 1), Liberia (Zone Il), Angola, Sao Tome and Principe (Zone IV). The Organisation continues to pursue its program of forging partnership with development Partners in implementing the project: These include: Training of Experts on Coastguard operations with the support of the Government of the Republic of Korea Starting to equip the Coordinating Centres with vehicles and computers offered by the Republic of Korea; Engagement of ether International Organisations and Development Partners to support the project namely: France, Canada, United Kingdom, United States, US NAVY, Royal NAVY of the United Kingdom, Interpol, UNCLOS, UNHCR. From December, 2010, MOWCA, and IMO in collaboration with the Ghana Maritime Authority jointly organised in Accra, Ghana, a very successful international conference to progress work on the establishment of the IMO/MOWCA sub-regional coastguard network. The conference was massively attended by 107 delegates of the international maritime 10

11 community and the MOWCA member States' experts. The meeting reaffirmed its commitment to the sub-regional coastguard network and called on ali MOWCA member States which have not yet done so, to sign the MOU to enable its early implementation. The meeting further requested the Secretary-Generals of MOWCA and IMO to bring the report of the meeting to their members and ensure the implementation of its recommendations. Please fi nd as appendix the report of the meeting. During the meeting sorne delegates expressed concern that the Economie Community of Central African States (ECCAS), largely members of MOWCA, has taken parallel action in making a coastguard arrangement for that sub-region. Furthermore, sorne eight (8) countries, members of MOWCA, in the Gulf of Guinea, have established the Gulf of Guinea Commission with oversight on Maritime Security. lt is important for MOWCA to liase its activities with the ECCAS and the Gulf of Guinea Commission so that this parallel actions do not lead to duplication of efforts and break the overall West and Central African front. MOWCA Experts attending other sub-regional meetings have responsibility to bring MOWCA's Maritime Security Activities to bear on the meetings. MOWCA is laying emphasis on the Maritime Administration approach to Maritime Security while other sub-regional activities are laying emphasis on the military approach. lt is important for sub-regional economie communities, ie ECCAS and ECOWAS, to recognise MOWCA as their specialised sectoral institution on ali Maritime issues. Future Plan of Action (i) (ii) (iii) (iv) Complete the signing of the MOU by the 5 remaining Coastal Member States; Establishment of the four Coastguard Coordinating Centres and the two Principal Coordinating Centres, through the adoption of Headquarters Agreement, Provision of Secretariat building and facilities, appointment of Zonal Coordinators, adoption of Rules of Procedure to govern the operations of the Coordinating Centres, convening of Zonal meetings, adoption of operational programs and budg~ts ; Organisation of a 2nd Round Table of member States and Development Partners on the implementation of the MOU; Invite ECCAS and ECOWAS to recognize MOWCA as their Specialized Organ. Decision No The Bureau of Ministers decided to: (i) (ii) (iii) (iv) appreciate the efforts made by the Secretary General in implementing the decisions of the 13th General Assembly on the Sub-regional Coast Gua rd Network, Congratulate the member States, the Committee of Experts and in particular the Federal Republic of Nigeria, Chairman of the Committee of Experts on the Network, for their contribution to the implementation of the MOU; Approve the decisions adopted by the international conference to progress work on the establishment of the /MO!MOWCA Sub-regiona/ Coastguard Network, he/d in Accra, Dec. 2011; Congratulate /MO, its Secretary-General and staff, particularly Mr Chris Trelawny, Head of the /MO Maritime Security Section, for its unceasing support to the IMOIMOWCA sub-regional coastguard network; 11

12 (v) (vi) (vii) (viii) Congratu/ate the member States that have signed the MOU and invite those that have not yet done sa, ta dufy sign the MO; take note that the African Union has adopted the coast guard project in its Plan of Action with the view ta implementing it at the continental leve/, during its Ministerial Sessions held in Abuja in February 2007, Algiers in April 2008 and in Durban, South Africa in October, 2009; Congratulate the member States that have offered ta host the Coast Guard Coordinating Centres and invite them ta work with the Secretary General towards: early establishment of the four Coastguard Coordinating Centres and the two Principal Coordinating Centres, through the adoption of Headquarters Agreement, Provision of Secretariat building and facilities, appointment of Zonal Coordinators, adoption of Ru/es of Procedure ta govern the operations of the Coordinating Centres, convening of Zonal meetings, adoption of operational programs and budgets; request the Secretary General ta work with the member States, /MO, other International Institutions and Development Partners for the convening of the Round Table for the implementation of the MOU. Invite a member State ta host the Round Table; (ix) invite al/ member States ta take appropriate measures for the effective implementation of the MOU; (x) (xi) (xii) Invite ECCAS, ECOWAS and the Gulf of Guinea Commission ta work with MOWCA ta a void cast/y duplications; That when 75% of coastal member states of MOWCA sign the Memorandum of Understanding on the sub-regional coastguard network, the Memorandum may enter into force; Invite the President of MOWCA ta get ECOWAS and ECCAS ta recognise MOWCA as their specialised organ on Maritime Transport within the African Union; Item 6.2. : Regional Maritime Development Bank At the 13 1 h General Assembly of Ministers, the Secretary-General gave a detailed report on the establishment of the Regional Maritime Development Bank. He recalled that based on a positive feasibility report and the success of the MOWCA Fund in many countries, the organisation was ready ta harness a large capital outlay of the maritime institutions and ports of the sub-region ta establish a Regional Maritime Development Bank ta provide sustainable financing of maritime and port sector development as weil as of transit transport development in the sub-region. The 13 1 h General Assembly reaffirmed the importance ta the sub-region of a Regional Maritime Development Bank and congratulated the Secretary General, the Federal Republic of Nigeria, the Republic of Angola, the member States and the Experts of the project for their contributions which allowed the progress made in the implementation of this project. Ta this effect, the 13 1 h General Assembly exhorted the Secretary General ta pursue necessary initiatives for the participation of ali members States in the establishment of the Regional Maritime Development Bank. 12

13 The 13th General Assembly approved the proposai for the Headquarters of the Bank to be sited in Abuja, Nigeria and invited the Government of the Federal Republic of Nigeria to take ali the necessary measures to this effect. By a letter addressed to the Secretary-General, the Federal Republic of Nigeria conveyed its acceptance to host the Headquarters of the Bank. The Secretary-General subsequently convened a meeting of Experts in Abuja, Nigeria, in July, 2009 to discuss the establishment of the Bank and its Headquarters in Abuja. The meeting of Experts chaired by the Representative of the current Chairman of MOWCA, Mr Magueye Gueye of Senegal, considered proposais made by the Secretary-General and took the following decisions: lnvited the Federal Republic of Nigeria and in particular, the Hon Minister of Transport of Nigeria, to provide a Project Secretariat with relevant logistics that would facilitate the takeoff of the Bank; draft a Headquarters Agreement, identify and appoint suitable Consultants and draft a Charter for the Bank taking into consideration the Banking laws and regulations currently in force in Nigeria and the sub-region. The Secretary-General was invited to work with the Hon Minister of Transport in implementing the Committee's decisions and report to the 7th session of the Bureau of Ministers. The Committee of Experts is expected to convene a 2nd meeting in Abuja to consider the implementation of the decisions. The 2nd meeting of the Committee of Experts will be convened in Abuja after the Hon Minister of Transport of Nigeria has submitted his report to his colleague Ministers at the 7th session of the Bureau and the Bureau directs as appropriate. On 6 January, 2010, the Secretary-General met with the Hon Minister of Transport in Abuja to ascertain work done on the decisions of the MOWCA Committee of Experts. This was to enable the Hon Minister and the Secretary-General to report to the 7th Bureau of Ministers. The Secretary General was very pleased with the work accomplished by the Hon Minister. The details of the Hon Minister's report were read by his representative at the Bureau meeting, Capt Adamu Biu, as follows: Appointment of Consultants:. After exhaustive due diligence, the Hon Minister recommends for engagement as Financial Consultants, Messrs KPMG and BGUNEXTON; and as Legal Consultants, 0/aniwun Ajayi, LLP. Those liabilities as to the Consultants fees, having been negotiated, would be underwritten by the Nigerian Government as part of its equity contribution to the Bank to be worked out in due course. This is not to delay the Bank's take off. Provision of Project Secretariat in Abuja: ldentified and secured a six (6) room Duplex for the Project Secretariat, procured two (2) utility vehicles, secured a modest accommodation of a three (3) Bedroom Duplex equipped with ali necessary furniture to be used as transit quarters for the Bank. Drafting of Headquarters Agreement and the Charter of the Bank: This is to be carried out by the Legal consultants once the 7th Bureau ratifies the Proposais on their appointments. Preparatory work has been completed for the convening in Abuja of a second meeting of the Committee of Experts ta implement the decisions of the 7th Bureau on the establishment of the Regional Maritime Development Bank. 13

14 Decision No 4flB. 11 The Bureau of Ministers decided to: (i) (ii) (iii) (iv) (v) Appreciate the efforts of the Secretary-General in implementing the decisions of the 13 1 h General Assembly on the establishment of the Regional Maritime Deve/opment Bank. congratu/ate the Federal Republic of Nigeria for not on/y accepting to host the Headquarters of the Bank in Abuja but also ta king al/ necessary measures to host the 1 51 meeting of the MOWCA Committee of Experts on the Bank and implementing the decisions of the Committee Congratulate the Hon Minister of Transport of the Federal Republic of Nigeria for the effectiveness and dynamism with which he has implemented the decisions of the MOWCA Committee of Experts on the Regional Maritime Development Bank; Congratulate the member States that constitute the committee of Experts and in particu/ar, the Republic of Senega/ (Mr Maguèye Gueye) for effective/y chairing the meeting, Mr. Chris Orode and Mrs. Mfon Usoro for providing expert advice at the meeting. Approve the recommendations of the Hon Minister in respect of the following: Appointment of Consultants: The engagement as Financial Consultants, Messrs KPMG and BGUNEXTON; and as Legal Consultants, Olaniwun Ajayi, LLP. That liabilities as to the Consultants fees having been negotiated would be underwritten by the Nigerian Government as part of its equity contribution to the Bank to be worked out in due course. This is not to delay the Bank's take off. Provision of Project Secretariat in Abuja: The acquisition of a six (6) room Duplex for the Project Secretariat, two (2) utility vehic/es, a three (3) Bedroom Duplex equipped with al/ necessary furniture to be used as transit quarters for the Bank. The cost of running the Secretariat will be underwritten by Nigeria as part of its equity share. Drafting of Headquarters Agreement and the Charter of the Bank: To be carried out by the Legal consultants once the ih Bureau ratifies the Proposais on their appointments. Approve the holding of the ~d meeting of Committee of Experts in Abuja (vi) (vii) request the Secretary-General to continue to work with the Hon Minister of Transport of Nigeria in implementing the above decisions. Invite the Secretary-Generaf to manage, on behalf of the member States, and with the support of the Honourable Minister of Transport of Nigeria al/ activities of the Consultants, Experts, the project Secretariat and al/ other activities towards the establishment of the Bank and report to the Chairman of MOWCA and the Bureau of Ministers. 14

15 Presentation Item 6.3. : International Symposium on Maritime Transport and Maritime Economy in West and Central Africa held in Cotonou, Republic of Benin from 28th September to 2nd October Report and Recommendations More than 450 participants comprising Hon Ministers, experts from the member States of MOWCA, international experts, professionals and academia, packed the National Conference Centre in Cotonou, Benin for the 5-day highly successful International Symposium on Maritime Policy in West and Central Africa. The symposium, organised by the Republic of Benin, MOWCA and supported by the African Union, took place from the 28 1 h to 2nd October lt was an initiative of the Hon Minister of Maritime Economy, Maritime Transport and Port Infrastructure of the Republic of Benin Honourable Issa Badarou-Soulé and supported by the Secretary-General of MOWCA. The symposium was chaired by the Hon Minister of Benin and co-chaired by the Representative of the Chairman of MOWCA, Mr Yérim Thioub. ln an opening speech, the Honourable Minister of the Republic of Benin among others, made passionate appeal for the creation of a shipping capacity for the sub-region. He called for the re-establishment of National and/or sub-regional Shipping Fleet. Severa! Technical Papers on the various aspects of Maritime Policy was presented at the Symposium by Experts, Professionals, Academicians and Policy makers. The Secretary General presented a paper on the central theme": MARITIME POLICY IN WEST AND CENTRAL AFRICA-the antecedents, current state and direction of Policy". The Symposium adopted far-reaching recommendations on the establishment of subregional shipping capacity, support to shipping, ports and transit transport, training of seafarers, and the implementation of the sub-regional maritime safety, security strategy through the efficient functioning of the Abuja MOU on Port State Control, the Maritime Rescue Coordinating Centres (MRCCs) and the IMO/MOWCA sub-regional coastguard network. The symposium called on ali countries of the sub-region, that have not yet done so, to implement the MOWCA Maritime Fund established by MOWCA in 2001, to provide sustainable financing to National and sub-regional projects and programs. A report on the Symposium was submitted to the AU Conference of Ministers held in Durban, South Africa. Decision No 5flB. 11 The Bureau of Ministers decided to: (i) (ii) Congratulate the Repub/ic of Benin and in particular the Hon Minister of Maritime Economy, Port Infrastructure, Maritime Transport Honourab/e Issa Badarou-Soulé for the initiative in organising the Symposium and placing at the disposa/ of al/ participants necessary facilities. Congratulate al/ member States, the Chairman of MOWCA and the Secretary-General for supporting the symposium 15

16 (iii) (iv) request the Secretary-General to incorporate al/ relevant recommendations of the Symposium (that are not already in the MOWCA work program) into the work program and ensure their implementation. Invite MOWCA member States to review their fiscal and monetary policies to attract private sector interest in the development of National/Regional shipping fleet. The fiscal policies may include tax holidays, preferential port tariffs, and a promotion of a sub-regional cabotage policy. Item 6.4.: ~d Session of the Africa Union Conference of Ministers responsible for Maritime Transport held in Durban, South Africa from 12th to 16th October 2009 Presentation - Report and Recommendations The 2nd Session of the Africa Union Conference of Ministers responsible for Maritime Transport was successfully held in Durban, South Africa, from 12th to 16th October The conference was held at the Dr Albert Luthuli International Centre under the theme: Creating a safe, secure and c/ean maritime transport industry in Africa. The Government of South Africa provided excellent facilities for the conference and gave a warm reception to the al/ delegations. The conference was attended by 34 AU member States (19 of which came from the MOWCA sub-region of West and Central Africa) as weil as 11 regional, continental and international organisations. The conference was opened by Hon Sibuasiso NDEBELE, the Minister of Transport of the Republic of South Africa and chaired by the Hon Minister of Transport of Algeria. The main objectives of the 5-day conference were: to adopt a continental policy and strategie framework on maritime transport in the form of an African Maritime Transport Charter (AMTC), to review the implementation of the 2007 Abuja Declaration and Plan of Action on Maritime Transport in Africa and to review and adopt a Durban Declaration on Maritime Safety and Security with particular reference to the integrated coast guard network initiative for Africa and Djibouti Code of Conduct on Maritime Security. "--..- The conference succeeded in realising ali its objectives and in particular adopted the Maritime Charter, the revised Plan of Action and the Durban Declaration on Maritime Safety, Security. The conference adopted the MOWCA initiative on the integrated Coast guard network for Africa. The Maritime Charter is now subject to signature, ratification, acceptance or approval by member States. The instruments of ratification, acceptance or approval are to be deposited with the Chairperson of the African Union. The Charter cornes into force 30 days after the deposit of the 15 1 h instrument of ratification, acceptance, approval or accession. 16

17 THE AFRICAN MARITIME TRANSPORT CHARTER AND AU MARITIME TRANSPORT PLAN OF ACTION The key objective of the Charter, adopted by the conference of AU Ministers responsible for Maritime Transport, is to declare, articulate and implement harmonised maritime transport policies capable of promoting sustained growth and development of African merchant fleets, maritime infrastructure, protection of shippers interests, facilitation of transit transport, protection of the continent from maritime safety, security threats, and to foster closer cooperation among the member States of the same region and between the regions. The program for the implementation of the Charter is contained in the AU Maritime Plan of Action adopted at the conference. The Charter is made up of a Preamble, 15 Chapters, and 52 Articles. The Key elements in the Charter are as ff: Chapter 1: Chapter Il: Chapter Ill: Chapter IV: Chapter V: ChapterVI: Chapter VIl: Chapter VIII: Chapter IX: Chapter X: Chapter Xl: Chapter Xli: Chapter Xlii: Chapter XIV: Chapter XV: Definitions Scope of Application, Objectives and Principles of Cooperation. lnstitutional Framework for Coordination of Activities relating to Cooperation in Maritime Administration and Port Operations. Cooperation of Shippers' Organizations Cooperation in Maritime and lnland Water Transport Cooperation between Landlocked States and Transit States Development of Multimodal Transport and Port Development Enhancing Maritime Safety and Security Protection of Marine Environment Information and Communication Technologies, Facilitation Development of Maritime and lnland Waterways, Passenger Transport Financing of Maritime and lnland Waterways Transport Human Resource Development Commitment of States Parties Final Provisions ADOPTION OF THE DURBAN DECLARATION ON MARITIME SAFETY AND SECURITY INTEGRATED COAST GUARD INITIATIVE FOR AFRICA The Secretary General of MOWCA presented a paper on the integrated Coastguard initiative for Africa: The AU Conference of Ministers reaffirmed its support for the coast guard network initiative and recommended it for adoption by other sub-regions of Africa. MOWCA and IMO has been tasked to work with the AU member States in realising the project for the whole of Africa The Coast Guard Network is a MOWCA/IMO project aimed at providing the West and Central African sub-region 1 Gulf of Guinea with capacity for surveillance, enforcement and presence in the respective coastal waters, contiguous zones and the Exclusive Economie Zones in the face of increasing acts of piracy, armed robbery against ships, illegal fishing, oil theft, damage to oil and gas pipelines, drug trafficking, illegal migration, pollution and maritime accidents. The member States of MOWCA has on July 30, 2008, adopted an MOU on the Coastguard Network, already signed by 14 out of 20 coastal member States of MOWCA. 17

18 DJIBOUTI CODE OF CONDUCT The Representative of IMO presented a paper on the Djibouti Code of Conduct: The Djibouti Code of Conduct is primarily for the promotion of cooperation among the Western lndian Ocean and Gulf of Aden States in the repression of piracy and armed robbery against ships in the area. particularly incidents off the coast of Somalia. The Djibouti Code of Conduct is an IMO sponsored code adopted by a sub-regional meeting on Maritime Security and armed robbery against ships held in Djibouti in January 2009 and participated by 17 out of 21 States in the Region. The code has to date been signed by 10 States and entered into force on 29 January Decision No The Bureau of Ministers decided to: (i) (ii) (iii) (iv) Congratulate the Republic of South Africa and the African Union for successfully organising the Durban Ministerial Conference Invite al/ member States of MOWCA to take al/ necessary actions to signlratify the African Maritime Transport Charter. request the Secretary-General to ensure that MOWCA play a /eading ro/e in the implementation of the Charter and the AU Maritime Plan of Action. request the Secretary-General to ensure that MOWCA p/ays an active role in the implementation of the Coast Guard Network at the AU leve/ in view of MOWCA's experience at the Sub-Regionallevel. Presentation Item 6.5. : Establishment of Union of Maritime Administrations!Merchant Marines of West and Central Africa (UMAWCA) The proposed Union of Maritime Administrations/Merchant Marines of West and Central Africa, is expected to bring together ali Maritime Administrations/Merchant Marines in the sub-region to cooperate more closely in developing the national/sub-regional capacity for dealing with issues of maritime safety, security and environmental protection. ln particular to develop the sub-regional capacity to implement the respective National Merchant Marine codes as weil as a common Sub-regional Merchant Marine code to be adopted by MOWCA. The UMAWCA shall be a Specialised Organ of MOWCA and operate under the Charter of Abidjan and MOWCA Ru les of Procedure. Membership of the Association shall be reserved for the National Maritime Authorities or Merchant Marine Administrations of member States. The Union shall have its Head Office in a member State and administered by a Secretary General with a small Secretariat. The budget of the Association shall be derived from the MOWCA Fu nd and from direct contributions of its members. ln September, 2010, the Secretary-General convened the 1 st meeting of the Association at Grand Bassam, Cote D'Ivoire, with a very good attendance of the respective Maritime 18

19 Administrations. The meeting adopted a resolution to formally establish the Association. The Headquarters of the Association has been temporarily placed with the MOWCA Secretariat in Abidjan; a permanent Secretariat and Secretary-General will be decided upon based on offers 1 candidatures to be made by member Associations at an election to be held at the Association's 2nd Meeting. The meeting also decided to re-establish the MOWCA Fund based on a three (3) dollars per tonne charge on ali cargoes loaded or unloaded in the sub-region. The effective date was agreed to be just after its ratification by the Bureau of Ministers. Please find attached as appendix the report and the resolution on the new system of financing. Decision No The Bureau of Ministers decided to: '-- (i) (ii) (iii) (iv) (v) (vi) (vii) Approve the establishment of the Union of Maritime Administrations of West and Central Africa as a Specialised Organ of MOWCA, operating under the Charter of Abidjan and MOWCA Ru/es of Procedure; Invite a member State to offer to host the Union's Head office/secretariat and prepare a Head Quarters Agreement to be entered into with MOWCA on behalf of the Union; Invite member States to support the Union by contributing effective/y to the MOWCA Fund and through direct financia/ contributions of the member Maritime Administrations; Request the Secretary-General of MOWCA to convene a 2nd meeting of the Union and preside over the election of officers of the Union in accord ance with the Ru/es of Procedure. request the Secretary-General to take al! necessary measures towards the effective functioning of the Union; Approve the new system of financing unanimously agreed by the Maritime Administrations, meeting in Grand Bassam, Cote D'Ivoire, in September 2010, which is an improvement on the system already approved by the General Assembly of Ministers in October 1999, in Abuja, Nigeria. The New system calls for the payment by al/ shipping fines ca/ling in ports of the sub-region, a service charge of USD (or its equivalent in tariff currency) per tonne of cargo /oaded or discharged by the fines in the respective ports. The amount generated is to help finance approved national and sub-regional maritime projects and programs on a sharing formula of 90% to Member States and 10% to MOWCA and ifs specialized organs, Academies and University. The New System of Financing is to take effect two months after the Bureau has approved it; Constitute a Working Group (made up of Ghana and Nigeria for the anglophone countries, Senega/ and DR Congo for the francophone countries, Burkina Faso for land!ocked countries, Angola for lusophone countries as weil as MOWCA and ifs specialised Organs), to look into the challenges posed by the transition from the old 10 cents per tonne to US$3. 00 for the new system of financing the member States projects and programs, MOWCA Secretariat and Specialised organs/academies. The Working Group sha/1 examine, among others, the difficulties faced by sorne member States in establishing their respective MOWCA Maritime funds, estimate the total funds created as weil as the sharing formula among the beneficiaries with the view to ma king a concrete proposa/ for adoption by al! the member States; 19

20 Report (viii) Ca// on the Secretary-Genera/ of MOWCA, to work with the respective Maritime Administrations, Ports, Specialised Organs/Academies/University to implement the new system of financing. Item 6.6. :Adoption of a sub-regional Merchant Marine Code by MOWCA The adoption of a common sub-regional Merchant Marine Code by MOWCA will assist in harmonising sub-regional merchant marine policy relating to the various IMO/ILO conventions on maritime safety, security and environmental protection. MOWCA would request IMO to provide the needed assistance in drafting the common Merchant Marine code. lt is to be noted that the Central African countries have already adopted a common Code and their experience will be helpful in drafting a code for the entire MOWCA sub-region. Decision No The Bureau of Ministers decided to: (i) (ii) (iii) (iv) (v) Approve the proposa/ to prepare and adopt a common Merchant Marine Code for the MOWCA Sub-region; Invite /MOto provide Technical/financia/ assistance in the drafting and adoption of the Code; " Invite the member States to support the preparation and adoption of the Code; Request the Secretary-General to constitute a MOWCA Technical Committee to assist in the drafting and adoption of the Code; Request the Secretary-General to work with /MO in taking al/ necessary measures to ensure that the Sub-region has a Common Merchant Marine Code. '.,_ Item 7: ADMINISTRATIVE AND FI NAN CIAL MA TTERS Item 7.1. Financial Report The 13th General Assembly of Ministers had approved the Financial and Audit Reports for the periods 2006/2007/2008. The General Assembly further approved the Organisation's Work Program and the budgetary estimates for the periods in accordance with the Financial Regulations of the Organisation. The approved budgets for the two years periods 2009 and 2010 are as follows: 2009: F CFA 990,313, : F CFA 1,039,829,201 The following Summary tables give information on the State of implementation of the budget in 2009 and the 2009 cash flow Statement. 20

21 "-- Report The Secretary-General said, in accordance with the financial regulations, the Audited Accounts of MOWCA shall be submitted to ali member States in time for the forthcoming 14 1 h MOWCA General Assembly of Ministers. He said the lvorian crisis did not permit the preparation and submission of a more up to date financial report for the Bureau meeting. The Bureau of Ministers was invited to take note of the information provided and comment as appropria te '-- 21

22 Table 1 Analysis of actual expenditure against approved budget Financial years: 2008 & 2009 Designations Financial year 2008 Financial year 2009 Provisional Actual % Provisional Actual % Consumed Material & Supplies Transports consumed Other services consumed Social charges/staff remuneration Taxes & duties Expenses on deeds - penalties As sets GRAND TOTAL ln the course of the execution of the budget of the two financial years under review, no overspending was noted. The percentage of expenditure incurred compared to budgetary provisions was on average 41 % and 34% for the financial years 2008, 2009 respectively. 22

23 Table Il: Budgetary estimates 2008/2010 Percentage of expenditures for each heading against budget estimates ' DESIGNATION Amounts Amounts Amounts % % CFAF CFA F CFAF General Policy and Guidelines Administrative & Financial Services Ports, Shipping and Multimodal Transport Maritime Safety and Environmental Protection Centre of Information and Communication % TOTAL

24 ?th Bureau Dakar 2011 TABLE Ill SUMMARY OF SOURCE AND APPLICATION OF FUND Designation Balance brought forward lncome of the period FINANCIAL YEAR 2007 FINANCIAL YEAR 2008 Estimates Actual % Es ti mates Actual % FINANCIAL YEAR 2009 Estimates Actual % Total lncome Expenditures Balance ) ) 24

25 Item 7.2. Contribution of member States to MOWCA Fund The MOWCA Fund was established in the year 2000 by the MOWCA General Assembly of Ministers, to provide sustainable financing for both National and MOWCA sub-regional projects and programs. Out of the funds generated under the system, only 20% is to be remitted to MOWCA as contribution to its Annual budget approved by the General Assembly. Effectively therefore the MOWCA Fund is, among ethers, to enable member States of MOWCA to make their regular annual contributions to the Budget of the Organisation. Experience over the years has shown that many member States have established the Fund, and quite a number have, thankfully, been honouring their contributions to the Organisation. The member States that have been making contributions to the MOWCA budget, albeit irregularly are : Angola, Benin, Cote d'ivoire, Congo, Congo DR, Gabon, The Gambia, Ghana, Guinea, Guinea Bissau, Nigeria, Senegal, Sierra Leone. However, a large number of member States do not make the required level of contributions or are yet to make any contributions at ali to the budget of the Organisation. The end result is the large amount of arrears on contributions standing in the name of many member States. This situation has contributed to the very difficult task of implementing the Organisation's work program approved by the General Assembly of Ministers. "--- ln many cases, it is noted that the non-payment of contributions by member States can be ascribed to bureaucratie bottlenecks; the question of which organisation in the country is responsible for the payment of the contributions. ln some countries it is the Ministry responsible for Maritime Transport through a Ministerial budget allocation ; in ethers, it is the Maritime Authority/Administration, the Port Authority, the shippers' Council, depending on which organisation generates the needed funds. ln some cases it is a combination of organisation coordinated by the Ministry. For the smooth payment of contributions, it is important that each member State designates the organisation responsible for honouring the contributions and such organisation given clear mandate to make the contributions on a regular basis. There is no gainsaying that if ali member States would this year put in place an efficient system of payment of contributions to the MOWCA budget, MOWCA would succeed in executing ongoing key projects, particularly the Regional Maritime Development Bank, that would eventually lift the burden of payment of contributions off the shoulders of the member States. lt would enable the MOWCA to achieve its objective of ensuring for the sub-region, a cost-effective maritime transport service, high on safety, security and low on pollution. Decision No 9flB. 11 The Bureau of Ministers decided to: (i) (ii) Cal/ on al/ member States, that have not yet done so, to honour their annual contributions to the organisation's budget prior to the next General Assembly of Ministers Invite al! member States to designate their respective organisations responsible for the payment of contributions to the MOWCA budget and forward this information to the Secretary-General 25

26 Item 7.3. MOWCA International Senior Staff recruitment - Report of the International Panel of Interviewers ln accordance with the decision of the 13th General Assembly, the Secretary-General instituted an international Panel of Interviewers to interview candidates submitted by MOWCA member States for senior staff positions in the MOWCA Secretariat in Abidjan. The Interview was held on March 2009, in Abidjan, under the chairmanship of the IMO Regional Coordinator Mr. Hoba Honorat. Ali but one of the eight member States of the Bureau were represented on the Panel. Only Angola failed to honour the invitation to participate in the interview. The Secretary-General was not a member of the Panel. ln accordance with the MOWCA Rules of Procedure the report of the Panel was sent to the Chairman of MOWCA for consideration and necessary action by the 7th Bureau of Ministers. The current unfortunate political and security crisis in Abidjan, Cote D'Ivoire, the Secretariat of the Organisation, presupposes that successful officers may not be able to assume office in Abidjan as necessary. lt will therefore be necessary to suspend action on the recruitments till the situation improves. Decision No The Bureau of Ministers decided to: (i) (ii) Suspend the recruitments till the situation in Abidjan improves; Request the Secretary-General to re-introduce the subject at the ir next meeting or at the next 14 1 h General Assembly. Item 7.4. Cali for candidatures to the post of MOWCA Secretary General The mandate of the current Secretary-General would end at the forthcoming 14th General Assembly of Ministers expected to be held in Kinshasa, DR Congo at a date to be decided upon by the 7th Bureau of Ministers. ln accordance with MOWCA Rules of Procedure, the Chairman is enjoined to cali for candidatures for election of a new Secretary-General at the 14th Session of the General Assembly. The requirements of candidates to the position of Secretary General are attached as appendix. However from experience, the key elements are: Proven Technical ability in key sectors of the maritime industry; Proven experience at the IMO and other international maritime fora; Experience in lnstitutional building; Organisational and diplomatie skills, and importantly, integrity, modest lifestyle and bilingual capabilities. lt is necessary that member States fielding candidates should endeavour to present those that meet the requirements and further the member States should be up- to- date in the payment of their contributions to the Organisation. The 13th General Assembly, recognising that the organisation is in the middle of implementation of key projects and programs, decided that the current Secretary-General, following the election of a new Secretary- General must work with the in-coming Secretary General for a period of at least six months. To implement this decision, it was suggested that the out-going Secretary-General be designated Special Adviser to MOWCA on Projects and Programs for a specifie period. 26

27 ?th Bureau Dakar 2011 The Secretary-General informed the meeting that following discussions he had with the representative of DR Congo, he suggests the General Assembly could be held in Kinshasa early August 2011 before the State elections scheduled for November in the DR Congo. The Congolese Authorities are expected to confirm the exact dates later. Decision No 11/78.11 The Bureau of Ministers decided to: "----- (i) (ii) (iii) (iv) Request the Chairman, in accordance with the MOWCA Ru/es of Procedure, to invite candidatures for election of a new Secretary-General at the 14th Session of the General Assembly; Invite the Chairman to ensure that on/y candidates that meet the requirements of the post, prescribed under the Ru/es of Procedure, are shortlisted and presented for election at the 14th General Assembly;. Invite al! member States wishing to present candidates, to meet their financial obligations to the Organisation in terms of payment of arrears on contribution, before presenting the candidatures;. Refer to the Decision of the 13th General Assemb!y and, agree that, following the election of a new Secretary-General at the 14 1 h General Assembly, the out-going Secretary-General be designated as Special Adviser to MOWCA on Projects and Programs. ltem7.5. Conditions of service of the General Secretariat The current conditions of Service of the Organisation are enshrined in the Statute of Personnel adopted by the Organisation in Portions of the Statute dealing mainly with salaries and allowances have regularly been updated through budgetary reviews of the Bureau and the General Assembly. However, in view of the imminent recruitment of new senior staff personnel, it is important to review two key provisions in the Statute of Personnel dealing with terms of service, retirements, and payment of gratuities. Terms of Service: With the exception of the Secretary-General, ali members of Staff have a continuous term of service until the age of 55, when they are enjoined to retire. The Statute also states that ali personnel above the age of 50 can only be recruited on fixed term contracts. ln view of the above and the fact that some of the senior staff to be recruited is above the age of 50, it is suggested ali senior staff appointments should be on a fixed term contract basis of 4 years renewable. Retirement Age: The current retirement age of 55 for personnel of the organisation is in conformity with the laws of the host Nation Cote D'Ivoire regarding pensions and calculation of social security payments. More so most of the current personnel are local staff and have each done close to 30 years service; any change in the retirement age of the Organisation will compromise their social security payments. 27

28 Payment of Gratuities: On retirement, ali personnel of the organisation (both senior and junior) are entitled to: (a) Social Security payments based on contributions by personnel/organisation to the State Social Security Trust or to an organisational Trust Fund (expatriates) (b) Gratuity Payments by the Organisation calculated on the basis of a formula. ln respect of gratuity payments, the 6th Bureau of Ministers approved a new formula of gratuity payments based on a simple formula currently in use in many organisations viz: a number of months salary for every year served. The 13th General Assembly appreciated the new payment formula and requested for an Experts committee to study it and make a recommendation to the Bureau. An experts group of auditors reviewed current practices and recommends: a) a 20% of the annual salary for every year served for a maximum of 20 years or b) two-month salary; for every year served for a maximum of 20 years. The organization may also decide to make a tangible parting gift to its departing Secretary-general 1 personnel. Decision No The Bureau of Ministers decided to: (i) (ii) (iii) Fix the tenure of al/ International/Senior staff up to a retiring age of 60 years and al/ junior/local staff to a retiring age of 55 years; Approve the formula for calculation of Gratuity payment of al/ personnel of the organisation (bath senior and junior) based on: a) 20% of the annua/ salary for every year served for a maximum of 20 years orb) two-month salary for every year served for a maximum of, 20 years, whichever is higher. Based on an appreciable leve/ of performance the Organisation may in addition to the Gratuity Payment make a presentation of an appropriate gift to the Personnel. Such gifts may be determined by the Secretary-General for the Junior Staff and by the Chairman for the Secretary General and Senior Staff. Request the Secretary-General to amend as appropriate, the Statute of Personnel to incorporate the above decisions, which take effect from the date of the 7th Bureau meeting. Items 8 & 9: ISSUES RELATING TO THE SPECIAL/SEO ORGANS, MARITIME ACADEMIES 1 MARITIME UNIVERSITY The Secretary Generai/Heads of the Specialised Organs/Academies have been invited to directly address the Bureau and answer questions to be posed by the Honourable Ministers. Decision No The Bureau of Ministers decided to: (i) (ii) (iii) take note of the presentations and decide as appropriate. Congratulated the UASC Secretary-General for his weil executed programme and the excellence of his work and a Iso congratulated PMA WCA for its remarkab/e contribution; adopted the resolutions on the defence of the Cargo Tracking Note (CTN) and freight rates, port surcharges and related expenses, proposed by the UASC Secretary-General; 28

29 (iv) ca/led on MOWCA Chairman to meet: African Union Commission Transport Ministers for them to instruct their representatives in Geneva to continue supporting initiatives for the defence of the CTN in the ongoing negotiations within the WTO Trade Facilitation Negotiating Group; African regional and sub-regional organisations notably, the African Union Commission, WAEMU, CEEAC, CEMAC, UEMOA, SADC and COMESA for them to take greater ownership of this instrument. (v) (vi) Ca//s for the involvement of Maritime Administrations and Transport Ministers in the fight against high and abusive freight rates; Unanimously calls for the sensitization of ministers on the setting up of national shipping companies with a view to creating an African Shipping fine which is the on/y way out of the issue of freight rates; Item 10: VENUE & DA TE OF THE 14TH ORDINARY SESSION OF THE GENERAL ASSEMBL Y OF MINISTERS ln accordance with the MOWCA Rules of Procedure, the 1 51 Vice-Chairman of the Bureau of Ministers, the Democratie Republic of Congo, will host the 14 1 h Session of the General Assembly. The 7 1 h Bureau of Ministers decided that the 14 1 h General Assembly will be held in Kinshasa, DR Congo, in early August The Bureau invited the Representative of DR Congo to confirm his country's availability to host the 14 1 h General Assembly in Kinshasa, in August, 2011 as agreed. The Representative of DR Congo duly confirmed the readiness of his country to host the General Assembly in early August He promised to confirm the exact date in August upon his return to Kinshasa. Item 11: DECORATION OF THE OUT-GOING SECRETARY-GENERAL OF /MO The incumbent Secretary-General of IMO will have his term of office ending at the next General Assembly of the IMO scheduled for November/December ln view of the invaluable contribution of the outgoing Secretary-General to the cause of MOWCA, particularly in the area of the sub-regional coastguard network, it is recommended th at MOWCA expresses its gratitude to him at the next General Assembly of the IMO. MOWCA's gratitude could be in the following forms: a Resolution of the Hon Ministers, a commemorative Plaque to be handed to the Secretary-General in the Assembly hall by the Chairman, a delegation of Hon Ministers and the Secretary-General of MOWCA The meeting decided that this subject would be discussed at the 14 1 h General Assembly. Item 12: ANYOTHER BUSINESS The Hon Ministers did not introduce any other matter for discussion. 29

30 Item 13: ADOPTION OF THE SUMMARY OF DECISIONS 1 REPORT The meeting adopted its Summary of Decisions following the reading of the draft by the Rapporteur, Niger. CLOSJNG CEREMONY Done in Dakar, 13 1 h April

31 RESOLUTION No 189/7.8/11 ON FREIGHT RATES, PORT SURCHARGES AND RELATED EXPENSES IN WEST AND CENTRAL AFRICA The 7th Session of the Bureau of Ministers of the Maritime Organization of West and Central Africa (MOWCA), meeting in Dakar on 13 April 2011 Considering Considering Considering Considering Mindful Express Requests ali attempts by shippers' councils and port authorities in the sub-region, under the auspices of MOWCA, UASC and PMAWCA, to put an end to the unilateral and constant increase of freight rates and other associated costs by ship-owners servicing West and Central African ports; the dissolution of the EWA TA liner conference in October 2008 under European Council Regulation No. 1419/2006 of 25 September 2006; the continued consultations between ship-owners servicing the sub-region in determining freight rates and port surcharges, despite the dissolution of liner shipping conferences; the resolution on freight rates and port surcharges adopted by the Ministers of Maritime Transport in West and Central Africa at the Symposium held in Cotonou on 1 October 2009; of the joint declaration adopted on 16 July 2010 between UASC/PMAWCA on the one part and the European Community Shipowners' Association (ECSA) on the other part; deep concern over the imposition of particularly high freight rates and port surcharges by ship-owners; Ministers of MOWCA member states to support UASC and PMAWCA in their actions to protect the interests of shippers and ensure the economie equilibrium of the States. Done in Dakar on 13 April 2011 The Bureau of Ministers 31

32 RESOLUTION No 190/7.8/11 ON THE SUPPORT OF MINISTERS OF AFRICAN UNION MEMBER COUNTRIES AND REGIONAL AND SUS-REGIONAL INTEGRATION ORGANIZATIONS ON THREATS TO THE ELECTRONIC CARGO TRACKING NOTE (CTN) AT THE WTO The ih Session of the Bureau of MOWCA Ministers, meeting in Dakar on 13 April 2011, Considering Considering Considering Considering Considering Considering Conscious Reaffirming the African Maritime Transport Charter adopted by the African Ministers of Transport in Durban on 16 October 2009, in particular Article 9, Chapter 1 V on Shippers' Councils, the Statutes of MOWCA; the Statutes of UASC, Resolution No. 10/CD/ of the Union of African Shippers' Council's Steering Committee meeting of 7-8 July 2010 on heightening the awareness of member state authorities as weil as regional and subregional integration organizations on the usefulness of the Cargo Tracking Note; Recommendation W. 2/5thJCAfUCCAILAD/201 0 adopted at the 5thAfrican Shippers' Day on 30 November 2010 in Luanda, within the framework of defending the CTN; th~ report of the UASC CTN workshop held in Brazzaville on May 2010; of the threats, from certain WTO members, on the Cargo Tracking Note contained in the draft paper on trade facilitation currently under negotiation in Geneva; the usefulness of this instrument for Shippers' Councils in achieving their objective of providing assistance to shippers and its importance to other agencies in the transport and trade sectors, Invites the Chairman of MOWCA to cali upon: - The Ministers of Transport in member countries of the African Union Commission to request their diplomatie missions to the WTO in Geneva to continue to support initiatives of the Union of African Shippers' Councils (UASC) to defend the CTN in the on-going talks within the WTO Negotiating Group on Trade Facilitation; - African regional and sub-regional organizations, particularly the African Union Commission, ECOWAS, CEECA, CEMAC, WAEMU, SADC and COMESA to take greater ownership of this instrument. Done in Dakar on 13 April 2011 The Bureau of Ministers 32