Abstract

BILOA, Parfait Devis. The Lomé Charter, between 'oceanisation' of human rights and 'humanisation' of the ocean. AHRY [online]. 2023, vol.7, pp.31-51. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a2.

Adopted in 2016, the African Charter on Maritime Security, Safety and Development in Africa (Lomé Charter) aims to ensure the safety and security of African maritime spaces and natural resources, as well as to guarantee social and economic development based on marine environments for both African states and peoples. Although the wording of the Charter seems to distance it from considerations relating to human rights, the latter are no less important aspect since one of the principles is to promote the protection of fundamental human rights and freedoms. Starting from the premise of the universality of human rights and the need for undifferentiated applicability between land and oceans, the Lomé Charter could not ignore this issue in its provisions. The Charter therefore incorporates several civil, economic, political, social and cultural rights. Be that as it may, respect for human rights at sea by states, individually or collectively, involves various legal regimes, including port states, coastal states, flag states and those that could possibly sponsor activities implemented in the Area. However, due to the creeping jurisdiction of the law of the sea and to political, economic and social difficulties, the scope and substance of these rights are diminished. Ultimately, the survival of the law of the sea depends on the protection of human rights, and vice versa. The effectiveness of the protection of human rights at sea, in the light of the Lomé Charter, will depend on the ability of states to ensure maritime public order in the areas under their sovereignty or jurisdiction.

Keywords : Charte de Lomé; océanisation des droits humains; 'humanisation' de l'océan; domaine maritime africain.

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