LUBOMBO NSUBA~E-PONGOLO

-CONSERVATION

TRANS~FRONTIER
I

AND RESOURCE AREA PROTOGOL

~

BETWEEN THE GOVERNMENT OF THE REPUBLIC AND THE GOVERNMENT OF THE KINGDOM ~WAZILAND OF $OUTH AFRICA

TABLE OF CONTENTS

Preamble ARTICLE 1 ,

,

Definitions

:

1

;
Undertakings ARTICLE ARTICLE Establishment 3 5 4 by and ;the Constitution Parties , of the NS-PO Task ".",...,., Group : ",.".", ,

2
3

,

3
4,
4

: Duties and Powers of the NS-PO Task Group.

4

4
Co

Functioning of the NS-PO TaskGroup ARTICLE 6 F.. ARTICLE 7 manCla 1An angements
ARTICLE 8 .".",."""",.".""""",

,

~

5

..

6
;
6

:...6
,';; ,

Dispute Settlement..

6
7

ARTICLE 9
Respect for National Legislation and Other Agreements

7
7

ARTICLE National Initiatives Respect for 10

7 AIlTICLE 11
Amendment of the Protocol and Entry into Force of Amendment ."'1..'

7
7
7

ARTICLE 12
Entry jnto Force of the Protocol AIl'fICLE 13

7 8
8

Deposit \vith the United Nations

, ~

Prcamblc
The Government of the Republic of South Africa and the Govern lent of the Kingdom of Swaziland (hereinafterjointly referred to as the "Parties" and either them as a "Party"), BEING Parties to the GeneralProtocol and the TFCA Protocol; RECORDING their commitment to the Objectives and the TFCAO ~ecti\'es;

RECOGNISING the opportunity for enhancing the economic and evelopment potential of the Area in the form of ecotourism and nature-based activities t rough the creation of a

TFCA;
WISHING jointly to prosper from suchactivities and undertakings i the Area and gain from the accompanyingbenefits that will be derived; ACI(NOWLEDGING the importance of holistic, integrated cological planning and management ~nd wishing to further this by promoting regional co operation in all relevant spheres; SUBSCRIBING to the principle of sustainable development and t e sustainableuse ~f the natural resourcebase of the Area; I-IEREBY agreeas follows: ARTICLE 1<

Definitions
In this Protocol, unlessthe context indicates other\\'ise "Area" meansthe NS-PO TFCA;

"Domestic Law" means the domestic law and constitutionai req irements in force in the country of a Party; "General Protocol" means the General Protocol on the LUbO
T Initiative entered into on 5 Ju1)' 1999, by the GoVernn1ents of the O Spatial Development

f

epublic

of

Mozambique,

the Republic of SouthAfrica and the Kingdom of Swaziland; . "Lubombo Spatial Development Initiative" Protocol;

has the meaning as ibed to it in the Generai

t

"Ministerial Committee" means the Trilateral Ministerial CO! mittee on the Lubombo Spatial DevelopmentInitiative establishedpursuant to the General P .otocol; "NS-PO Task Group" means the Tl~CA '[ask Group established p rsuantto Article 4 of this Protocol;
"NS-PO TFCA" or "Nsubanc-Pongolo Tr~\ns-li'ronticr Con. crvati(}n and Itcsourcc Area" means tile Pollgolo Natul:e lZeserve and Pongol.opoort Bi sphere Iteserve in South Africa and til(~ area in Swaziland cast of tile J\11t8 road, up 10 Nse a Safari l~anch lncl.uclillg 10t'.J-,ubombo mountain rallgc in1hc l~asl Uj) 10 1..l;e Usu1ou Gorge;
"NS-PO '}'.]i'CA OL}.icc(i\'L~s" mcanstheob.i(~c1ive:;; sl...t!orlh ill Aliic. c21\cr.~of;

UOb.i(~c(j\'(~.,-:I)me~1n.st.l~c

])rot{)~1J

"l~
II) {<1) I'('S (~)}(il(\\;(~
(){, () !}...fftc\1t ft';:!) 11~,). ,

(} ,

r~( I)'~

fi

1 ~

"Rcsponsihlc
envirolll11ental

Ministcr"
affairs appointed

means the Cabinet Minister(s)
by a Purty to the Ministerial

rCSPO
f Co

SiblC 1mittcc

to! or

cconomic such heads

and of

ministerial

departments to which such Cabinet Minister(s) in terms of this Protocol;

may Ii om time to tinle delegate .

responsibilities

"TFCA" or "Trans-Frontier Conservation and Resource rea" means a specific geographical area divided by one or more international political b rders, which is identified by two or more of the Parties to the TFCA Protocol to be the subj ct ofTFCA Management; "TFCA Commission" means the Trans-Frontier Conservati n and Resource Area Commission established pursuant to the TFCA Protocol; "TFCA Managcmcnt" means the joint arrangements or P!ogram es determined by two or more of the Parties to be applied to or in respect of a TFCA; "TFCA Obj~ctivcs" means the objectives set forth in Article 2 oft e TFCA Protocol; "TFCA Protocol" means the General Trans-Frontier Conserv tion and Resour~e Area Protocol entered into on 22 June 2000, by the Governn1entsof the epublic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland; "TFCA Task Group" means the task groups reterred to in established by two or more of the Parties in respect of a TFCA. CA Protocol to be

,
Nsubane-Pongolo Trans-Frontier

.
rea Objectives

ARTICLE 2
Conservation and-Resource The NS-PO TFCA Objectives of the Parties are as follows: (1) (a) To realise economic returns from tourism and asso iated activities within the Area, while safeguarding its ecological integri y, and to promote the sustainable socio-econon1ic development of the A ea for the benefit of all Parties in accordance with the Objectives and the TFCA Objectives and to develop, market and promote the TFCA to this end; to address the needs and aspirations of local com 1unities b)' ensuring their di,.cct participation i,} alld/or ownership of and/or eri\'ation of benefit from an)' prqgrammes or initiati,'es that are undertaken in the Area and encouraging or empowering them to do so in whatever way is pos ible and appropriate; to accommodate within approp~'iatemanagement re i'lles for the Area a broad spectrllm of human acti\,ities compatible willi the p .otec.liona11c1 management °.r1hc tcflocstrialallcl aquatic CCos)'stems the Area; in
Toprotcc.:t d~)let~~,threa(el)cd,
.t11C:Ar ".\Ulld,11)"p;-lrliCll!(l.r,tc)
f()rl!1c'"sllr\'IVhl6J'sut:.]1 i'"

(b)

(c)

(2)

(a)

rare or endangcrcd
prc,scrvc habitats

f

t'r(~(,iCSHlld populations
c

in

iu t1 c'/\I"(,o collsidercd

critiGal

S!)ccics' ;'
c '. c' .,.. C'c"

1'./

(h}

10 111(li l

.c.,

.c

O~U, ~ .c~t:lCriS(~ Ihl~

I\rl::a and 10
( "

P\'OI<:l:Jtll(:,jnc,,"(}glci!y (u)
II} P,"l;

Ill.toli l.'i i1!.~.stlr1..1.'lf\j"t'.1rl , ~;m..ct\ bf1ur.I'lt\k j
"

l

rllncI1~~l~i.l..1111c I\r(~a;
.

Ylmt(fllll$litG"j ,
.' c

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I t' ,~ .,i\ l\,tt~;I',1

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1.\liliUit t~~\.J.{)l.Jij!.lj\:;II~~:"

iivit.ics
'~'\'fll!

(a)

To prcscrvc, protect and manage allY historical anc cullural,sitcs and natural aesthetic values of terrestrial and aquatic areas in the Arca, for present and future generations; to facilitate the interpretation of terrestrial and aqua ic CCOs}'slcmsin the Area for the purposes of conservation, education and tour sm; to provide for research and training, and for mol itoring the environmental effects of human activities in and near'the Area, including the direct and indirect effects of development and adjacent land-us practices;

(b) (c)

(4)

(a)

To make full use of the opportunities and a vantages offered by the transnational nature of the Area and to use this to n aximum effect in meeting theseobjectives;
to levels promote including cross border that of co-operation local and communities, interactiol private j sector, bet\\"een non-governmental Parties the at all

i

(b)

organisations

and

government

agencies;

(c) (d) (e) (f)

to attempt to resolve any specific problems in t1e Area but solely in the jurisdiction of either Party which may impact on the e objectives; ,.to investigate options for the facilitation of cro s-border movement, the positioning offences, and the possible creation of vi a-free areasor reserves; to create an enabling framework to facilitate t e achievement of these objectives; and ~ . to perform strategic studies in order to formulate
implement these objectives. . I an agreed programme to

AR TI CLE 3 Undertakings by the Parties
In nlrtherance of the Objectives and the TFCA Objectives, and specifically, the NS-PO TFCA Objectives, the Parties shall: (1) delegateor grant to the NS-PO Task Group (established pu suantto Article 4 hereof) such powers and authorise it to perform such duties, unde. and sub.iectto Domestic Law, as are necessaryfor the successful achievement of the NS-PO,TFCA Objectives and as are se.t forth in Arlicle 5 hereof;
implement including the policies, harmonisation procedures, of and, such where legislation necessal)', and/or legi re f Jation uJations, and/or to ensure regulations, a co-

ordinated

approach

by

the

Parties

to

the

NS-PO

TFCA

Obje

tives,

with

the

advice

and

guidance

ofthcNS-PO

Task

Group;

consult and cofoperate faCilitationOft t.OI\Sllll

l

wi~h each other

and the NS-PO

Ta'k '..
'"'

Group

in respect to the

lC work or the. NS-))O each

Tas.1.~ Group; other cillci the

<l11c1 O-'opcl1.atc with

NS PO

ilnplelnClllcll

iOJ) of..t:ltGSC\tntlt~rl(Jk.Jl1f!,Sand 111<:. S- PO 'j'r..c N
1"s-rO'J,~)~), \vltic.lt

(5)

fofOl'01

l'.11l:11 (JhCl'aJ1Crtflc c.}f...I!»/l.~m(y().r

jll)'isc1ic.:tiOIl.

!

'J'clsk (irou})

in

the

Oh.ic'c1i \'~~; within impact
il11pact;

tf}ri\(~.tt\~i,tiCS

t]1C aooI

1!1)r;ll:tm1tI1~:6r\:'.~\;;U1(1

COI\Sllfl 01\ 1"'0\\1. 1GJ'J.'CY(,}Jtt art
,IS ,11"(:', Jlli~l:s~;..lfy-tt~1)tl:\/l'111

)ini'nl~(:~~~~11
(), 11t~rtinti~l};~IICli f c

ml )'\l'l 11 1I SIll: l'.l

1 "I'rl~l\c.t;ll~l'ialts -.' '..

inform each other and the NS-PO Task Group on a regula basis a~ to thc measures introduced or to be introduced by any Party in implementation of this Protocol; providc, as necessary, seed monies on project costs of the NS-PO Task Group NS-PO Task Group in identifying local, sources and in obtaining funds from such an agreed basis Ii r the administration and and provide all re sonable assistance to the regional, national nd international funding sources; and of and conti ued need for the NS-PO

review, on a periodic basis, the performance Task Group.

ARTICLE 4
Establishment and Constitution of the NS-PO Task Group

(1) (2)

The P~rties hereby establishthe NS-PO Task Group. The Responsible Minister of each Party, in consult tion with that Party's representative(s)on the TFCA Commission, shall appoint th ee Representative; to the NS-PO Task Group, consisting of appropriate conserv tion and resource area managementexperts, tourism and development experts and epresentatives relevant of governn1entand implementing agencies, or such other num er of Representatives as may be agreed upon by the Ministerial Committee from tin e to time in consultation with the TFRCA Commission. The NS-PO Task Group may propose to the TFCA Com ission other appropriate persons as non-voting members (or advisers or observers)of he NS-PO Task Group. Within three months of the entry into force of this ProtQcol, achResponsible Minister shall have appointed the respective Representatives and shall have, within such period, communicated the names of such Representat.,'es to the Ministerial Committee. Each Responsible Minister may at any time, in due consultation with the Ministerial Committee, terminate such appointment and app int any 'other appropriate person. Any Representative who does not attend more tl an two dul)' called and notified consecutive meetings of the NS-PO Task Group may be replaced by the Responsible Minister.

..

(5)

The Responsible Minister may invite such ot1ler appropriat persons as advisers to or observers 011the NS-PO ,Task Group as may be appropr ate or necessary for the achievementof the NS-PO TFCA Objectives and as may be agreedby the Parties. 'l~heChair of the NS-PO Task GI.OUpshall be one of the pursuant to Article 4(2) which shall alternate between th un]ess otheJ'wise agreed by tIle l.~esponsibleMinisters of the first two years shall be ap~)ointedb)' the l.Zesponsib]cMini
S\\'aziland.

eprcsentati\'es appointed Parties every two years )arties. The Chair for the IeI' of the Goverl1luent of

ARTICLE Dutics nnu Powcrs of thc NS-PO Tnsk Group

5

The NS-PO Task Group shall perfoffi1 such authorised duties and e~ !erCise
granted to it in order to achieve the NS-PO TFCA Objectives nd, in

such particular

powers

as without

are

limitation, the NS-PO Task Group:

(1)

may establish a fund to meet its administrative costs and imblement approvedprojects (the "Fund"), subject to guidance and directives from the T~CA Commission; is authorised to solicit and accept contributions for the FUnt and to allocate, apply and
disburse guidance the monies in the Fund to meet its administrative from the TFCA Commission; a d project costs, subject to and directives

(2)

(3)

shall provide the Ministerial Committee and the TFCA
basis with tl1fee copies of the complete, inde~endently audit

f

ommiSSion d financial

on

an

annual for

statements

the previous financial year as well as a report of the previou financial year's acJivities and a plan for the subsequenttwo years; (4) shall advise and report to the Ministerial Committee and he TFCA Commission as they may reasonably require and shall identify and reco mend the adoption and implementation of such policies and meaSlw;esas may b necessal"y ensure the to achievement of the NS-PO .TFCA Objectives; .

..

(5)

shall, within [18] months of the appointment of all Reprt
detailed programme to implement the NS-PO TFCA Ob

entatives, ecti\'es

have

drafted

a

("Implementation

Programme") to be submitted for comment and/or approval to the TFCA Commission and relevant government agenciesas directed by the TFCA ommission;

(6) (1)

is authorised to perform and commission such studies (as are necessary for the
development and drafting of an Implementation Programme
of to an achieve Implementation and maintain

shall make detailed recommendations, in the frameWO k l
Programme, as to pern1anent joint management mechanisn s

some or all of the NS-PO TFCA Objectives, and as to the continued role (if any) of the NS-PO r[ask Group;

(8)
(9)

sha!l have access to all relevant government entities for al propriate information and assIstance;and
sh~I~1 take such actions as are necessary to implement All1Clc 6. tl c acti\'ities referred to in

i i

AlzTJ CLIT. (]

]i'IJlll~(j(llljJI~

of(IIC',NS-])()

'a,.,kC;I"OII!)
'-"';

KA

.vi

f]

' /IS "

() .;1 " "I),,;.'~ls\

1

-

Uroup

II I i; '!i~ S1.1{l W:~'I},~

i

'I~x'~i~r~c';';;',!'~"
liI1i(:S

c) YCcl1" a1

,~t).1t1(.. ,111<..lv":lj}II,,',,I':rtlla,ypc

d9tyl'l)fliifL:U

I))' 10(: l~.l)-I)OI:c-:;i~

, fli:\u~f!,; nll~ fl"l~qU~~I1.(:)'

'Q(

time an~ venue of all other meetings shall be determined by nc l\'S-P.O l'ask Group as approprIate.

I

(2)

Subject to the availability of appropriate funding, the NS-PO as possible establish a permanentSecretariat to provide orga services to the NS-PO Task Group, and, subject to Articl implementation of the duties and policies of the NS-P establishmentof such Secretariat,'the Responsible Minister Representativeto act as the key contact person for the NS-P The hosting member(s) of the NS-PO Task Group shall be r
f

Task Group shall as soon isational and infoffilation 6(5) hereof, to assist in Task Group. Until the shall each designate one Task Group.

(3)

sponSible

for

preparation

and

timeous

distribution

of

the

proposed

agenda,

the

record'ng

and

distribution

of

the

minute's and the making available of a suitable venue, 11le?s such duties can be assumedby the Secretariat, (4) A quorum for decision-making shall consist of two Represe tatives of each Party. All decisions of the NS-PO Task Group shall be. taken on the asis of consensus among the Representatives.In the event of the NS-PO Task Group ailing to reach consensus, the matter under discussion shall be referred to the TFC Commissi<?nwhich, if unable to resolve the matter to the satisfaction of the NS-P Task Group, shall refer the matter to the Ministerial Committee. The NS-PO Task Group shall establish its tJwn rules of internal structure and meetings are concerned.

(5)

..

1 rocedure in so far as its
uties can be assumed by

(6)

The secretarialduties to the NS-PO Task Group shall be su Plied by the NS-PO Task 1
Group members hosting a particular meeting, }mless such the Secretariat. .

ARTICLE 7 Financial Arrangements (1)
Until such time as the Flmd has sufficient monies pursuant j OArticle 5(2), each Party shall, in respectof all meetings of the NS-PO Task Group, e responsible for all costs incuned in colll1ection with the attendance and particjpatiol of its members, advisers and observers on the NS-PO Task Group.
At such time when the Fund has sufficient monies pursuant 0 ArticJe 5(2), the NS-PO 'fask Group membcrshosting a paliicular meeting of the N -PO '[ask Grollp shalJ be responsibJe for aJ\ costs incurred in making ..1vernle avaiJabJe for the meeting, the pr.eparalion and distributioh ofthc proposed agenda, the re OI"dil1gancJ distribution of tl1c mil1utes) and t.J1C proYisioJ1 of secretarial services, unJcs' any SlIC]1costs are to be
..ISSlIl11Cd by t.J1C Sl'.crctariat.

(2)

l~ar

ARTICLE 8
Dispute Settlement If any dispute arises between the Parties as to the inte .pretation, application or performance of this Protocol, including its existence, val'dit)" or termination, such dispute shall be first referred by either Party to the TF A Commission and the Ministerial Committee for negotiation and recommendation on amicablesettlement, If such dispute cannot be settled amicably, either Party m 1
final and binding arbitration in accordance with the Perm Y submit such nent Court of dispute Arbitration to

Optional Rules for Arbitrating Disputes Between Two Stat s, as in effect on the date of signature of this Protocol. The aypointing authority shall be the Secretary General or the Permanent Court of Arbitration at The Hague. .I

ARTICLE

9

Rcspect for National Lcgislation and Othcr Agree}tlcnts

Nothing in this Protocol shall be deemed as derogating from any ~ rO\'iSiOn
Law of any Party or any obligations assumed by a Party und

of the Domestic r agreements previously

concluded.

ARTICLE 10
Respect for National Initiatives Nothing in this Protocol shall be deemed as derogating fi'om national initiatives and development procedures and the funding for such initiatives and procedureswithin any TFCA consistent Wit111'F~A Objectives.

ARTICLE 11
AmClldment of the J'rotocol and Entt")' into Force of A)nendmcn~
Protocol may beame!lded b)' nluturu agreement bctwc.e~ the Parties

All ah~el\~~}j~ent t.llichcrft4iJ>i\)'I)fI1aS

J1ltUllally

l1olifif;;C!t.llc()ilicr

agrct.,;dip

by

1he

ParI)'

Parlics

1hrollgh

snal1

1he

CI11C

tlSlal

j

il11o

oiplomali(: J()rcc

ol11he

c.Jlal1l1Cls

da1eol1

of

'i!I~('OJ1}plif"'1~(!~\~!jl~

1]~::c9IjSli1(t1~)n.al

rcqllir<::ll1c,l1ts

I1cc:c:ssa

)'

it)r

111(:

ill1pJcmcl1latiOfl

!~ : " (~"'tl1<;'.r(;lcv~'\)lfH1:\C11(11~;~1{..;

"

" "

nis

ARTICLE 12
Entry into Forcc of the Protocol This Protocol shall enter into force on the date on which et
other Party in writing through the usual diplomatic channels

Ch fits

Party

has

notified with

the the

compliance

constitutional requirements necessaryfor the implementation of this Protocol. This Protocol shall terminate as between the terminating part~' and the other Party on a day three months after the date upon which such Party has gi 'enthe other Party notice in writing of the proposed termination.

ARTICLE 13

~:~o;::;:::

:~:l~:~t;:P::::;:ith

theUnited Nations Headq~:~Jr:;n York. New
duly author~sed by their respective , j
~';)..

IN WITNESS WHEREOF the :undersigned, being Governments, have signed and sealed this Agreement.

DONE at
1un(2,

~.~.:~~":"'.
.. I
n t llS year
..I

on this the
1.

day of

T\Vo Thousan. d,

FOR AND ON BEI-IALF OF THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

I

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/

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r:o~~)

/~~

ONn1~1-]/~~)J.'"

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I ,i\NP

11-]1:~ (jO\ll:':I{NJ\.1).*'J;,/()J;' 'j't;lf~J.(l~GI)O~ OJ: S\\'I\ZI

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