AFRICAN ROAD SAFETY CHARTER

AFRICAN ROAD SAFETY CHARTER

PREAMBLE

We, Member States of the African Union

Considering the Constitutive Act of the African Union, adopted on 11 July 2000 in Lomé,
Togo, in particular Articles 14 (e) and 15 and which entrust the African Union Commission
with a coordination mission in the Transport, Communication and Tourism sectors;

Considering the Treaty Establishing the African Economic Community adopted in Abuja,
Nigeria in June 1991, in particular Article 61, that defines the steps that member States
should undertake to achieve a harmonious and integrated development of the continental
transport and communications network in Africa;

Considering the Decision of the Assembly of Heads of State and Government adopted in
July 2001 in Lusaka, Zambia, establishing the New Partnership for Africa’s Development
(NEPAD) as the framework for Africa’s development;

Considering the challenges arising from economic globalization and the need for Africa to
implement, in a complete and effective manner, the Almaty Programme of Action of 2003,
which underscores the United Nations’ programme for cooperation in transit transport for
landlocked developing countries;

Considering the Decision of Heads of State and Government of the African Union,
meeting in July 2005 in Sirte, Libya, to include in the Millennium Development Goals
(MDGs) the transport targets and indicators adopted in April 2005 in Addis Ababa,
Ethiopia, by African Ministers responsible for transport and infrastructure, within the
framework of poverty alleviation;

Considering the Declaration Doc.Assembly/Au/9(XII) adopted at the XIIth Assembly of

Heads of State and Government of the African Union held in Addis Ababa, Ethiopia, in
February 2009 on the development of transport and energy infrastructure in Africa;

Considering the Resolution 64/255 adopted by the UN General Assembly on 02 March,

2010 proclaiming 2011-2020 a Decade of Action for Road Safety as well as its
dedicated/related Action Plan;

Considering the Declaration Doc.Assembly/AU/Decl.2(XVIII) adopted at the XVIIIth

Assembly of Heads of State and Government of the African Union held in Addis Ababa,
Ethiopia, in January 2012 on the Programme for Infrastructure Development in Africa
(PIDA) and its Priority Action Plan (PAP) and Institutional Architecture for Infrastructure
Development in Africa (IAIDA);
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Considering the Decision EX.CL/Dec.682(XX) adopted by the Twentieth Ordinary

Session of the Executive Council on the Report of the Second Ordinary Session of the
Conference of African Ministers responsible for Transport endorsing the Luanda
Declaration and Plans of Action;

Considering the Luanda Declaration AU/TPT/MIN/Decl. (II) and its Africa Action Plan for
the Road Safety Decade 2011-2020 adopted by the Second Ordinary Session of the
Conference of African Ministers responsible for Transport, in November 2011;

Considering the relevant international conventions in transport matters, especially in the

areas of safety and security, the protection of the environment as well as facilitation of
transport;

Recognizing the multi-sectorial dimension of road safety and the need for closer
collaboration among the key stakeholders (transport, infrastructure, education, police,
health, law enforcement) in improving the road safety situation on the Continent;

Committed to improving transport infrastructure and health services in Africa so as to

prevent road crashes and fatalities;

Recognizing the need to speed up the development of infrastructure and associated

services in Africa and to put in place safer roads for Africa’s development;

Deeply concerned by the inordinately high rate of road crashes in Africa with most victims
being pedestrians, cyclists and motorcyclists constituting largely young people and where
the cost of road traffic accidents is nearly 2% of GNP: indeed, a heavy toll with a significant
adverse socioeconomic impact on the Continent;

HEREBY AGREE as follows:

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CHAPTER I
GENERAL PROVISIONS

Article 1
Definitions

For the purposes of this Charter, the following definitions shall apply:

‘’AU’’, means the African Union;

‘’Charter’’ means the African Road Safety Charter;
‘’Commission’’ means the African Union Commission;
‘’Constitutive Act’’ means the Constitutive Act of the African Union;
‘’Non-motorized road users’’ means a user of the road that does not require a motor to
generate energy for that purpose, and includes the use of animal-drawn or human-drawn
carts, a pedestrian and a cyclist;
“Assembly”: the Assembly of Heads of State and Government of the African Union;
“Member State” means State member of the African Union;
“State Parties” mean Member States, which have ratified or acceded to this Charter;
“Road infrastructure” means road facilities and equipment, including the road network,
parking spaces, stopping places, draining system, cycle paths, bridges and footpaths;
“Road Safety Decade” means 2011-2020 as Decade of Action for Road Safety
proclaimed by the UN General Assembly (Resolution 64/255) and by the 20th Ordinary
Session of the AU Executive Council (Dec Ex.CL/Dec.682(XX));
“Road Safety Impact Assessment” means the evaluation process on Road Safety to be
undertaken at all phases of design, construction and operation of road infrastructure;
“Road Safety Lead Agency” means the national agency in charge of Road Safety issue
with cross-sectoral coordination responsibilities;
“Road traffic crash” means a collision or incident that may or may not lead to injury,
occurring on a public road and involving at least one moving vehicle;
“Road traffic fatality” means a death occurring within 30 days of a road traffic crash;
“Road User” means a person using any part of the road system as a non-motorized or
motorized transport user;
“Roadworthiness of vehicles” means the technical process of checking all safety
technical parameters to ensure the safe use of a vehicle on the road;
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“Safety audits” mean checks that are carried out at various stages of any road project to
ensure that its design and implementation are consistent with safety principles, and to
determine whether further design changes are needed to prevent crashes;
“Seat belt” means a vehicle occupant restraint, worn to protect an occupant from injury,
ejection or forward movement in the event of a crash or sudden deceleration;
“UNECA” means United Nations Economic Commission for Africa;
“Vulnerable road users” mean road users most at risk in traffic, such as pedestrians,
cyclists, motorcyclists and public transport passengers. Children, older people and
disabled people may also be included in this category;

CHAPTER II
OBJECTIVES AND PRINCIPLES

Article 2
Objectives

1. The main objectives of the Charter are:

a) To serve as a policy framework for Road Safety improvement in Africa.

b) To serve as an advocacy tool and instrument for Road Safety improvement on the
Continent aimed at facilitating the creation of an enabling environment to drastically
reduce the road traffic crashes.

2. The specific objectives are to:

a) Facilitate the formulation of comprehensive Road Safety policies at country level;

b) Speed-up implementation of national, regional and continental Road Safety
programs;
c) Contribute to the coordination of Road Safety in the Continent;
d) Promote better coordination of interventions by Development Partners in the Road
Safety area;
e) Enhance Private sector, Civil Society Organisations, Non-Governmental
Organisations participation in Road Safety issues;
f) Promote the harmonization of the collection, treatment and dissemination of Road
Safety data.
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Article 3
Principles

State Parties shall function in accordance with the following principles in implementing the
provisions of this Charter:

1. Self-reliance and a sense of responsibility by driving a robust and owned vision on

Road Safety improvement.

2. Solidarity and sharing knowledge on Road Safety.

3. Subsidiarity between the African State Parties, African Union Commission and other
regional and continental Institutions working towards the Continent’s development and
integration.

4. Development partnership between the African Stakeholders, the United Nations

Agencies and other International Institutions working towards a fair human
development in the world.

CHAPTER III
ROAD SAFETY MANAGEMENT

Article 4
Creation of Road Safety Lead Agencies

1. State Parties shall establish legally mandated national road safety lead agencies, with
cross-sectorial coordination responsibilities within three (3) years after the ratification or
accession this Charter.

2. The responsibilities of the lead agencies shall among others include:

a) Policy advice to Government on matters of Road Safety across sectors;

b) Formulation and coordination of the implementation of road safety strategies.

Article 5
Institutional Strengthening of Road Safety Lead Agencies

State Parties shall provide institutional support to Lead Agencies through financial and
human resources, political support and recognition to give them the requisite clout to
perform their coordination functions.
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Article 6
Road Safety Strategies

State Parties will, through an inclusive, collaborative and consultative process, prepare
road safety strategies with clear priorities, responsibilities, ambitious and feasible targets.

Article 7
Road Safety Data Management System

1. State Parties shall build capacity within Lead Agencies to enable them create and
master credible road safety data management system encompassing quality data
collection, storage, collation, analysis, and reporting modules.

2. Road safety data management system shall include national databases on vehicles
and drivers, accidents, injuries and deaths, intermediate outcomes such as seat belt
and helmet wearing rates and economic impacts of road safety injuries.

3. The data shall be robust, reliable, continentally harmonized and available for planning,
research and development, monitoring and evaluation of progress made.

Article 8
Road Safety collaboration

1. State Parties shall promote collaborative efforts at national, regional and continental
levels, aimed at improving effectiveness of Road Safety initiatives, knowledge sharing,
and monitoring and evaluation.

2. State Parties shall also engage actively in international Road Safety partnerships.

3. State Parties should create the enabling environment for Private Sector, Civil Society,
Non-Governmental Organisations, Academic and Research Institutions participation in
Road Safety activities.

4. State Parties shall commemorate the Africa Road Safety Day, every third Sunday of
November.

CHAPTER IV
SAFER ROAD AND MOBILITY

Article 9
Functional Classifications

1. State Parties shall technically classify roads according to the functions they serve.
Road Designs must reflect the design norms and standards of their respective
classification and intended functions.
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2. State Parties shall ensure that infrastructure for Non-Motorised Traffic is incorporated
as priority requirements within the design of all classes of roads, especially in the urban
and rural roads context.

Article 10
Construction Traffic Management

State Parties shall develop Road Safety Management Policies and Principles to guide
consultants and contractors during the process of road construction in order to ensure road
safety.

Article 11
Road Safety Inspection

1. State Parties shall ensure that Road Safety Inspections are carried out as part of all
maintenance processes.

2. The inspections shall take the form of a Safety Analysis and will involve, as a minimum,
all road assets including; but not limited to, roadways, pavements, walkways, cycle
paths, road furniture, signs, traffic signals or controls, road markings, crash barriers and
streetlights.

3. The Safety Analysis shall also pay specific attention to areas considered as dangerous
spots.

Article 12
Road Safety Audit

1. State Parties shall introduce legislation and policies requiring Road Safety Audits in all
phases of design, construction and operation of road infrastructure.

2. State Parties shall establish formal Road Safety Audit guidelines to address inter alia
the credibility and independence of the Audit process.

Article 13
National Road Design Manual

1. State Parties shall ensure that design manuals for roads and bridges are developed,
reviewed and updated to ensure that it is fit for its purpose, caters for a safe design and
reflects international best practices.

2. Road designs shall ensure that rest areas have been properly planned and
incorporated in the national trunk road systems.
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Article 14
Vulnerable Road Users

State Parties shall ensure that the needs of vulnerable road users are adequately taken
into account in the planning, design and provision of road infrastructure.

Article 15
Safer Vehicle

1. State Parties shall adopt and enforce minimum standards of vehicles to ensure their
roadworthiness.

2. State Parties shall formulate and enforce regulation on age limit of imported vehicles.

3. State Parties shall strengthen and enforce the mandatory periodic inspection of
vehicles.

4. State Parties shall provide incentives for acquiring new vehicles that are
environmentally and operationally safe. These incentives should apply also to mass
transit vehicles and goods.

5. State Parties shall put in place legislation regulating the transportation of dangerous
and hazardous goods.

Article 16
Safer Road Users

1. State Parties shall strengthen the rules and regulations for training of drivers and
issuing of driver licenses.

2. State Parties shall introduce a communication drive to educate and sensitize the
population on the principal risks of road crashes.

3. State Parties shall introduce Road Safety in school curricula.

4. State Parties shall issue and enforce road safety legislation, particularly those related
to speed control, control of driving while under the influence of alcohol and drugs,
wearing seat belts, use of helmets and enhancing visibility and use of mobile telephone
while driving.

5. State Parties shall formulate and enforce regulations on driving and rest hours for
professional and all other drivers and introduce appropriate monitoring and
enforcement mechanisms.
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Article 17
Post-Crash Care

1. State Parties shall strengthen pre-hospital and post-crash care services in order to
provide timely and appropriate care to road traffic-injured patients to minimize their
effects and long-term disability.

2. State Parties shall establish Emergency Medical Services (EMS) coordinating centres.

3. State Parties shall implement 3rd party motor vehicle insurance law to ensure EMS and
rehabilitation of vehicle crash victims.

4. State Parties shall facilitate Training (capacity building) in injury emergency response
services.

5. States Parties shall ensure the presence of emergency services at strategic locations
on high ways to attend to road users injured in highway accidents.

CHAPTER V
FINANCING, MONITORING AND EVALUATION

Article 18
Financing Modalities

1. State Parties shall recognize the socioeconomic consequences of road accidents as a

guiding principle in the allocation of financial resources for road safety. The
expenditures on road safety should not be considered as a cost but as an investment.

2. State Parties shall prescribe the proportion of financial resources to be allocated for
road safety interventions as part of road infrastructure development and maintenance.

3. State Parties shall identify sustainable sources of funding, particularly internally, for
Road Safety.

Article 19
Conference of the State Parties

1. A Conference of States Parties to the Charter is hereby established as the highest

political decision making body. The Conference of States Parties shall consist of
Ministers responsible for Road Safety.

2. The Conference of State Parties shall adopt rules of procedures for itself and for
any subsidiary body it may establish, as well as financial rules to determine in
particular the financial participation of the Parties to Charter.
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3. The Conference of State Parties shall:

a) Provide strategic oversight, ensure effective implementation of the Charter and take
all measures it deems necessary for the promotion of the objectives of the Charter;
b) Promote the harmonization of appropriate policies, strategies and measures for
increasing road safety in Africa;
c) Consider and adopt, as appropriate, recommendations of the Secretariat;
d) Consider the reports and activities of the Secretariat and take appropriate action in
regard thereto;
e) Consider and adopt amendments to this Charter;
f) Perform any other function consistent with the Charter or the Rules of Procedure of
Conference of State Parties.

4. The Conference of State Parties shall meet every three (3) years.

5. The Commission shall serve as Secretariat of Conference of State Parties and shall
coordinate the implementation of this statute at the continental level.

Article 20
Monitoring and Evaluation at National Level

1. State Parties shall develop and implement sustainable and accurate national
databases on road crashes and enforce mandatory reporting.

2. State Parties shall build national capacity for data management on road safety.

3. State Parties shall establish baseline data on road safety.

4. State Parties shall prepare annual progress reports on Road Safety.

5. The Lead Road Safety Agency in each Member State shall coordinate national road
safety data collection and be the custodian of national road safety management
systems.

6. State Parties shall establish an evaluation process to review the progress and draw
lessons from the implementation of their Road Safety programs.

Article 21
Settlement of Disputes

1. Any dispute or difference arising between State Parties with regard to the
interpretation, application and implementation of this Charter shall be settled by
mutual consent between the States concerned, including through negotiations,
mediation, conciliation or other peaceful means;
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2. In the event of failure by the disputing parties to settle the dispute or difference in
accordance with Article 19 (1), the disputing Parties may, by mutual consent, refer the
dispute to:

a) The African Court of Justice Human and Peoples’ Rights, where applicable,
or
b) An Arbitration Panel of three (3) Arbitrators whose appointment shall be as
follows:
i. The Parties to the dispute shall appoint two (2) of the Arbitrators;
ii. The Chairperson of the African Union Commission shall appoint the third
Arbitrator who shall be President of the Panel.

3. The decision of the Panel of Arbitrators shall be binding.

CHAPTER VI
FINAL PROVISIONS

Article 22
Popularization of the Charter

States Parties shall take all appropriate measures to ensure the widest possible
dissemination of this Charter in accordance with the relevant provisions and procedures of
their respective constitutions.

Article 23
Safeguard Clause

1. A provision in this Charter shall not be interpreted as derogating from the principles and
values contained in other relevant instruments for the promotion of Road Safety in
Africa.

2. Nothing in this Charter shall be construed as preventing a Party from taking such action,
compatible with the provisions of the United Nations Charter or any other international
instrument and limited to the exigencies of the situation, as it considers necessary to its
external or internal security.

Article 24
Signature, Ratification and Accession

1. This Charter shall be open to Member State of the African Union for signature,
ratification or accession.

2. The instrument of ratification or accession to the present Charter shall be deposited

with the Chairperson of the African Union Commission.
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Article 25
Entry into force

1. This Charter shall enter into force thirty (30) days after the deposit of instruments of
ratification by fifteen(15) member states.

2. The Chairperson of the African Union Commission shall inform all Members States
of the African Union of the entry into force of the present Charter.

3. For any Member State of the African Union acceding to the present Charter, the
Charter shall come into force in respect of that State on the date of the deposit of its
instrument of accession.

Article 26
Reservations

1. A State Party may, when signing, ratifying or acceding to this Charter, formulate a
reservation with respect to any of the provisions of this Charter, unless such a
reservation is incompatible with the object and purpose of this Charter.

2. Unless otherwise provided, a reservation may be withdrawn at any time.

3. The withdrawal of a reservation must be formulated in writing to the Chairperson of

the African Union Commission who shall notify other States Parties of the
withdrawal accordingly.

Article 27
Depository

This Charter shall be deposited with the Chairperson of the African Union Commission,
who shall transmit a certified true copy of the Charter to the Government of each signatory
State and notify them of the dates of the deposit of the instruments of ratification or
accession.

Article 28
Registration

The Chairperson of the African Union Commission upon the entry into force of this Charter
shall register this Charter with the United Nations Secretary General in conformity with
Article 102 of the Charter of the United Nations.

Article 29
Withdrawal

1. At any time after three years from the date on which this Charter has entered into force
a State Party may withdraw from this Charter by giving written notification to the
Depository.
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2. Withdrawal shall be effective one year after receipt of notification by the Depository, or
on such later date as may be specified in the notification.

3. Withdrawal shall not exempt the withdrawing State Party from fulfilling any obligations it
might have incurred under this Charter.

Article 30
Amendment and Revision

1. Any State Party may submit proposals for the amendment or revision of this Charter.
Such amendments shall be adopted at a meeting of the Conference of State Parties

2. Proposals for amendment or revision shall be submitted to the Chairperson of the

African Union Commission who shall transmit such proposals to the Conference of
State Parties at least six months before the meeting at which it shall be considered for
adoption;

3. The Conference of States Parties, upon the advice of the Africa Union Commission,
shall examine these proposals within a period of one year from the date of receipt of
such proposals;

4. Amendments or revisions shall be adopted by the Conference of State Parties by

consensus or, failing which, by a two-thirds majority and submitted by State Parties in
accordance with their respective constitutional procedures.

5. The amendment or revision shall come into force thirty (30) days after adoption by the
Conference of State Parties and ratification of it in accordance with the respective
constitutional procedures of State Parties.

Article 31
Authentic Texts

This Charter is drawn up in four (4) original texts, in Arabic, English, French and
Portuguese languages, all four (4) texts being equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, has signed
this Charter.

ADOPTED BY THE ……… ORDINARY SESSION OF THE ASSEMBLY OF THE UNION

HELD IN ……….., …………, …….., ……..