Nineteen member countries of the Union of African Shippers’ Council (UASC) rose from a two-day colloquium in Abuja, Nigeria to agree that the cargo owning nations of West and Central Africa (WACA) sub-region will ratify the Rotterdam Rules, which is the United Nations (UN) Conventions on the International contract on carriage of goods wholly or partially by the sea.
Rotterdam Rules was adopted by the General Assembly of the UN on 11th December, 2008 and signed officially on 23rd September, 2009 in Rotterdam, Netherlands. Many countries in Africa are signatories to the convention but only Togo and Congo have ratified it.
It is to ensure its ratification that a validation colloquium was organised by the Federal Ministry of Transportation in Collaboration with the Nigerian Shippers’ Council (NSC), Nigerian Ports Authority (NPA), Nigerian Maritime Administration and Safety Agency (NIMASA), National Inland Waterways Authority (NIWA), Nigerian Railway Corporation (NRC), UASC and United Nations Commission on International Trade Law (UNCITRAL).
Participants at the colloquium which took place between 4th and 5th of October, 2016 in Abuja, agreed in a communique that for effective implementation of Rotterdam Rules, member states of UASC should enact laws to combat cybercrime.
It was noted at the event that Nigeria still implements the Hague Rules of 1924, despite having domesticated the Hamburg Rules and being a signatory to the Rotterdam Rules. Consequently, it was resolved that “the nations in the WACA sub-region that domesticate the Rotterdam Rules should also ensure explicit denunciation of previous regimes to avoid conflict of conventions.
Calling on members of UASC to put mechanism in place to monitor and assist member nations to ensure ratifications, domestication and implementation of the new Rules, governments of the different member countries in UASC were urged to ensure the continuous training of judicial officers to understand the Rotterdam Rules.
Speaking with MMS Plus, the Managing Director of Ghana Shippers’ Authority, Dr. Kofi Mbiah said “At the time when the Hague – Visby Rules were developed, there were no containers in the trade. Trade was moved by bails, pallets, drums, among others. But now with the introduction of containers, it is being easy to carry trade not only by sea but to continue from the city to hinterlands because the container has made all that possible and easier.”
In his keynote address, the Nigeria’s Minister of Transport, Rt. Hon. Rotimi Amaechi noted, “The Rules seek to create a uniform set of standards that provide fairness and balance of risks between carriers and cargo owning nations as it seeks to regulate contracts for the carriage of goods wholly or partly by sea applying to the traditional port to port transportation also multi-model transportation with a sea leg. The Rules have addressed the perceived imbalance in the previous conventions, with developing nations making spirited efforts at securing a better deal under it with a view to providing necessary relief in the event of claims arising in future carriage contracts.”
The Executive Secretary/ Chief Executive Officer (CEO) of Nigerian Shippers’ Council (NSC), Barr. Hassan Bello, listed the features of the Rotterdam Rules as carriage beyond the sea leg or multi-modalism; maritime performing party; delivery of goods via door-to-door delivery; electronic alternative to transport document; right of the controlling party; transfer of rights, among others.
