FIRST PMAESA CONFERENCE, MOMBASA, KENYA, 20-22 SEPTEMBER 2010

1. FIRST PMAESA CONFERENCE, MOMBASA, KENYA, 20-22 SEPTEMBER 2010 THE LBSA PROTOCOL AND PORTS, By Akunga Momanyi, University of Nairobi.

2. Introduction • This presentation complements the other presentations on “International/Regional Initiatives in Protection of Marine and Coastal Ecosystems”, namely “The SAP for the WIO Region and Ports” and “Addressing Climate Change in the WIO Region”. • The presentation focuses specifically on the newly adopted Protocol for the Protection of the Marine and Coastal Environment of the Western Indian Ocean from Land Based Sources and Activities (LBSA Protocol) to the Nairobi Convention, and how it relates to or applies to ports and harbors.

3. Ports and LBSA: Pollution and Degradation Issues • Ports and harbors have huge socio-economic, political and military/strategic importance to the countries of the WIO Region. • Ports in the WIO region typically State controlled and run by national ports authorities. • Ports and harbors typically inter face the sea-land columns.

4. Ports and LBSA: Pollution and Degradation Issues contd • According to the Transboundary Diagnostic Analysis(TDA) for the WIO Region(2009), “Almost all of the large urban centres within the WIO region support large commercial ports and harbors. Activities within harbors contribute significantly to transboundary marine pollution, including activities in dry docks, the disposal of garbage and dredging. Furthermore, industrial zones are often located in close proximity to the major ports and harbors.”

5. Ports and LBSA: Pollution and Degradation Issues contd. • Major marine and coastal pollution and degradation issues include: • Sedimentation leading to shallower ports; • Re-suspension of considerable quantities of particulate matter and associated pollutants due to periodic dredging of the ports and approach channels; • Spillage of pollutants such as chemical products and oils; • Physical alteration and destruction of habitats caused by dredging, new developments and maintenance works, etc; • Litter and other mainly urban solid wastes.

6. The LBSA Protocol and Ports • In March/April 2010, at the 6th Conference of Parties (COP 6) and Conference of Plenipotentiaries, held in Nairobi Kenya, the WIO countries adopted the following instruments, after many years of work: • Amended Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean(Amended Nairobi Convention) • LBSA Protocol to the Amended Nairobi Convention. • There are two other protocols to the Nairobi Convention, SPAW and Emergency

7. The LBSA Protocol and Ports contd • Shipping is generally regarded as sea based as opposed to land based source of marine and coastal pollution, and is covered by Article 5 of the Amended Nairobi Convention and its Emergency Protocol. • Pollution and degradation sources and activities from ports and harbors are generally regarded as land based.

8. The LBSA Protocol and Ports contd • The LBSA Protocol applies to ports and harbors as land based sources and activities causing marine and coastal pollution and degradation. • “Land based sources and activities” are defined in the LBSA Protocol as sources and activities directly or indirectly causing or contributing to the pollution or degradation of the marine and coastal environment from the land ward as opposed to sources and activities on the sea ward side.

9. The LBSA Protocol and Ports contd • Ports and harbors are often regarded as pollution or degradation “hotspots” or “sensitive areas”. • The geographical scope of the LBSA Protocol (Art 2) includes ports and harbors being part of the “marine and coastal environment including the watershed of that part of the WIO situated in the Eastern and Southern African region and falling within the jurisdiction of the contracting parties”. • The Protocol area includes the waters, sea bed and its sub soil on the land ward side of the baseline from which the breadth of the territorial sea is measured…

10. The LBSA Protocol and Ports contd • The pollution and degradation sources and activities to which the LBSA Protocol applies (Article 3) include “activities within the territories of the Contracting Parties that may directly or indirectly affect the marine or coastal environment of the Protocol area, including developments that cause physical alteration of the natural state of the coastline or otherwise result in physical alteration or destruction of habitats”

11. The LBSA Protocol and Ports contd • The LBSA Protocol also applies to “discharges, releases or outflows originating from land based point and diffuse sources and activities within the territories of the Contracting Parties that may directly or indirectly affect the marine or coastal environment of the Protocol area” • It also applies to “inputs of polluting substances transported through the atmosphere into the marine and coastal environment of the Protocol area from land based sources and activities within or originating from the territory of any Contracting Party”.

12. The LBSA Protocol and Ports contd • The LBSA Protocol provides for pollution from point sources(Article 5); pollution from diffuse sources(Article 6);other harmful activities (Article 7); and transboundary pollution(Article 8). • Both diffuse and point sources apply to ports and harbors, and they often have transboundary effects. • Port developments, including dredging and maintenance also directly cause physical alterations and destruction of habitats.

13. The LBSA Protocol and Ports contd • Annex II of the LBSA Protocol is entitled “priority substances and activities.”Priority activities include ports and harbor development and operations, shipbuilding and repairing industry, and dredging. • Priority substances include many associated with ports and harbors such as heavy metals and their compounds , used lubricating oils, radioactive substances, crude oils and hydro carbons of petroleum origin, litter, thermal emissions, organophosphorous compounds, organometallic compounds, etc

14. The LBSA Protocol and Ports contd • The LBSA Protocol makes provisions for effective implementation, which translate to obligations of Contracting Parties, and these include the following: • Compliance and enforcement (Art. 10); • Common guidelines, standards and criteria(Art.11); • Data collection, monitoring and evaluation(Art 12); • Environmental impact assessments and environmental audit (Art. 13); • Scientific and technological cooperation, technical assistance and capacity- building(Art.14); • Public participation, educational and awareness programmes( Art.15); • Reporting, exchange of and access to information(Art 16).

15. Conclusions • The foregoing summary demonstrates that the LBSA Protocol applies directly to ports and harbors in the WIO Region. • The Contracting Parties of the LBSA Protocol are yet to ratify the instrument. However, there are present efforts both to ratify and implement the Protocol. • It is expected that the LBSA Protocol will contribute to the regional and global efforts to protect the marine and coastal environment of the WIO region from land based sources and activities causing pollution and degradation.