Africa
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Africa
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| AFRICAN STATES Updated 24 July 2007 Maritime claims: (See table of claims) Status of the Convention and its implementing Agreements
Overview
of developments 1992-2001: Algeria. Algeria adopted an act regulating fishing in areas under its national jurisdiction. One of the main features of the act, which establishes an exclusive fishing zone beyond the territorial sea, is the introduction of two different outer limits: the breadth of the zone measured from the baseline is 32 nautical miles between the western maritime border and Ras Ténès and 52 nautical miles between Ras Ténès and the eastern maritime border. This legislation contains a special chapter dealing with violations committed by foreign vessels when fishing in the reserved fishing area without authorization. The enforcement mechanisms established in the act comprise, inter alia, the boarding of vessels and the institution of judicial proceedings. Algeria, together with Malta, which established a fishing zone of 25 miles in 1978, and Cyprus and Egypt, which claim exclusive economic zones, are the only States in the Mediterranean Sea that have made claims beyond the territorial sea and the contiguous zone. Cape Verde. Cape Verde adopted a new law on 10 December 1992, taking into account the protests formulated by some States. That law describes the different zones in which Cape Verde exercises sovereignty or jurisdiction, but defines its jurisdiction with regard to the protection of the marine environment and marine scientific research in the exclusive economic zone as "exclusive", whereas the Convention characterizes it simply as "jurisdiction". Moreover, the law attributes to Cape Verde all the residual rights in the exclusive economic zone as well as the right to control all archaeological objects found in the zone and on the continental shelf. Cape Verde adopted its 1992 law in order to correct that of 1977, in which archipelagic baselines were not drawn in conformity with UNCLOS. Nine States in Africa still claim territorial seas extending beyond the 12-mile limit permitted under international law. They are: Angola with 20 miles; Nigeria and Togo with 30 miles; Cameroon with 50 miles; and Benin, Congo, Liberia, Sierra Leone and Somalia with 200 miles. Of those States, Congo and Liberia are not parties to UNCLOS. South Africa. South Africa enacted the Maritime Zones Act of 1994, which repealed the Territorial Waters Act of 1963, the Territorial Waters Act (Transkei) of 1978 and the Territorial Waters Act (Ciskei) of 1986. The Act came into effect on 11 November 1994 and includes 16 sections and 3 schedules, which, inter alia, give the coordinates for straight baselines (schedule 2) and the limits of the continental shelf (schedule 3). The Act also applies to the Prince Edward Islands, which are located about 700 nautical miles southeast of South Africa in the Indian Ocean. The Act establishes a contiguous zone wherein South Africa may exercise its powers in relation also to damage to the marine environment. Of particular note is the provision in the Act for a new maritime area, a "maritime cultural zone", extending from the outer limits of the territorial sea to the outer limits of the contiguous zone, with the specification that the "same rights and powers as it has in respect of its territorial waters" apply over archaeological and historical objects in that new zone. This new legislation is a significant development in relation to the implementation of the relevant provisions of the Convention (articles 33 and 303) and to the consideration at the international level of the possible need for a more extensively elaborated legal regime to govern the protection of these objects Eritrea. Two letters dated 24 and 31 March 1997, addressed to the Secretary-General of the United Nations, by the Minister of Justice and by the Minister of Foreign Affairs of Eritrea, respectively, pointed out that a statement contained in the Secretary-General's 1996 report (A/51/645, para. 26) to the effect that Eritrea did not have legislation relating to its maritime zones was incorrect. Both letters stated that: "On declaring its independence, the State of Eritrea incorporated into its maritime law the limits that had been in effect in Ethiopia". Proclamation No. 7 (from the Gazette of Eritrean Laws, 15 September 1991) proclaims that the 1960 Maritime Code of Ethiopia (with some minor changes) shall, as of 15 September 1991, serve as the Transitional Maritime Code of Eritrea. It also provides for the adoption of articles 2 to 5, 6 (f) and (g), and 28 to 31 from former Ethiopian Proclamation No. 137 of 1953, as amended in 1956. While articles 28 to 31 were not enclosed with the letters, articles 2 to 5, and 6 (f) and (g) provide, among other issues, for a 12-nautical mile territorial sea from the line of maximum annual high tide, except for the Dahlac archipelago, and state that "in the case of pearl and other sedentary fisheries the seaward limit of the territorial waters shall extend to the limits of the said fisheries". For the Dahlac archipelago, the seaward limit of the territorial waters is "constituted by the quadrilateral consisting of lines joining the outermost north-eastern and south-eastern islands with the innermost north-western and south-western islands", by reference to former Ethiopian Federal Revenue Proclamation No. 126 of 1952. Nigeria. Nigeria on 1 January 1998 adopted the Territorial Waters (Amendment) Decree 1998, which rolls back Nigeria's outer limit of its territorial sea from 30 to 12 nautical miles. Sao Tome and Principe communicated to the United Nations its Act No. 1/98 of 23 March 1998, which revokes previous Decrees or Laws 14/78, 15/78 and 48/82. The Act provides for the establishment of the internal waters, archipelagic waters, territorial sea and exclusive economic zone of Sao Tome and Principe. These maritime areas are established with the purpose of safeguarding Sao Tome and Principe's rights and interests with regard to living and non-living resources. |
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