Articles 1, 2, 4 and 12 of the African Charter on Human and Peoples' Rights; Article 3 (2)
(d) (iii), Article 4 (g), Article 45 (2), Article 46 of the ECOWAS Revised Treaty; article 13
of the Universal Declaration of Human Rights, 1948; (2) and Article 27 on Free
Movement of Persons, Right of Residence and Establishment and the Mini Summit of
Heads of State and Government on the creation of a Borderless ECOWAS, Abuja, 2000.
In contrast, the defendant argued that the applicant's lorries did not cross the
Senegalese border because of the breaking load, since, at the material time, The Gambia
had not complied with the requirements for implementing the Interstate Road Transit
regime (TRIE), signed in Cotonou on 29 May 1982; that the applicant did not meet the
requirements for interstate transit as provided in Articles 4 and 5 et seq. of the
Convention A/P4/5/82, which establishes the regime for interstate transit of goods in
the ECOWAS region, therefore the applicant can not claim any infringement of the right
to free movement of persons and goods.
Analyzing,
One of the aspects taken into account in the aforementioned Convention was the need
to introduce a transit system to facilitate the transport of goods between the territories
of ECOWAS Member States.
Thus, the Article 1 (3) of the Convention defines state road transit as being "a regime
that allows the transportation of goods by road from one Customs Office in a
Member State to another Customs Office in another Member State through one or
more Member States free of duties, taxes and restrictions while in transit. Such goods
shall be accompanied with a set of customs documents and shall not be off-loaded or
transferred while in transit."
Articles 4, 5 et seq. lay down the formalities required for nationals of the Member States
to benefit from the exemptions provided for therein.
However, in the event of non-compliance, the Article 29 (1) of the Convention provides
that "When an infringement is established in the course of and at the time of an
Inter-State Road Transit Operation in a Member State, the duties, taxes and fines
that may be incurred shall be collected by the Member State in conformity with the laws
and regulations in force in each Member State."
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