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U.N.-safe: the global road safety crisis in Africa.


Every year, approximately 1.2 million people across the world die in road accidents. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) These fatalities disproportionately affect developing countries, where 90% of these deaths occur. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Africa has rate of road fatalities of all other world regions. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The financial cost 0f these accidents to low and middle income countries is $65 billion a year, which is more than these countries receive in international developmental assistance. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Despite the impact unsafe road travel has in developing countries, most of these countries lack the resources or political will to address the issue. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Furthermore, the United Nations has only recently begun to consider road safety, and few international or regional laws have been promulgated to guide and assist countries suffering from what is being called an epidemic. (NOTEREF _Ref194065771 \h \ * MERGEFORMAT)

The purpose of this note is to consider and analyze regional and international laws and organizations concerning road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The World Bank estimates that if accident rates went down a mere 30% in poor countries by the year 2020, 2.5 million lives could be saved and 200 million injuries could be prevented. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Part II of this note will discuss the global road safety crisis; the particularities of how it affects developing countries, and how these general problems affect African nations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Part III will introduce domestic and international responses to the issue of road safety by governing bodies, nongovernmental organizations (NGOs), and non-profit organizations, with particular focus on the 1968 Vienna Conventions on Road Traffic and Road Signs and Signals, The South African Development Community Protocol on Transport, Communications and Meteorology, and the UN Global Road Safety Collaboration. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Part IV will analyze the appropriateness of these responses and suggest additional actions that should be taken. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Part V will conclude with suggestions of how to begin to address the problem of global road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

II. Why Africa Suffers From The Highest Rate Of Road Fatalities

A. Why The World Doesn't Know And Why It Should

Desmond Tutu equates the struggle against traffic injury and fatality with apartheid. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The Roman Catholic Church raises issues of road safety to spiritual proportions. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) When Americans flip on their local news channel, journalistic sensationalism dictates that all local car crashes resulting in serious injury or death be reported. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The thousands 0f fatal car crashes that occur daily in developing countries, however, are not reported internationally because they do not have a local or sensationalist flair, (NOTEREF _Ref194065771 \h \* MERGEFORMAT) There is also a popular belief that accidents are unavoidable actions of fate, or that the victim was at least in part to blame for the accident, leading to less sympathy for the victims than if they died by other means, such as by disease. (NOTEREF _REF194065771 \h \ * MERGEFORMAT) An of these reasons lead to a low awareness 0f this issue, making these deaths and injuries "ubiquitous yet invisible." (NOTEREF _Ref194065771 \h \* MERGEFORMAT) without international outrage at the epidemic, African nations will use their few resources to address more publically acceptable issues as a higher priority (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

More than 85% of traffic deaths and injuries globally are experienced in low and middle income countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Africa world's highest rate of road injury and fatality, reaching 28.3 for every 100,000, compared with 14.8 for every 100,000 in Northern America and 11.0 for every 100,000 in Europe. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Between 2000 and 2020, traffic fatalities are expected to increase 80% in Sub-Saharan Africa and 68% in Northern Africa, while decreasing by 28% in high income developed countries around the world, (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Accidents and their precipitated injuries and deaths in Africa result in a cost of $3.7 billion annually to the region, accounting for 1% of the region's GNP. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) this is more than the countries receive in international aid. (NOTEREF _Ref194065771 \h \*. MERGEFORMAT)

B. Factors Unique To Developing Countries That Increase The Risk Of Road Fatalities

The most probable victims of road deaths are different between developed nations and developing nations; more than 60% of road fatalities in the United States are among drivers, but only 10% of fatalities in Kenya, for example, are drivers. (NOTEREF _Ref194065771 \h \ * MERGEFORMAT) Because roads pose a fundamentally different safety and economic risk in developing countries, it is important to identify the problem before international bodies can properly assist in alleviating the loss, (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This section will highlight several major factors unique to developing countries that contribute to their high fatality rate. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

There are many factors that make the people of Africa particularly susceptible to the highest rate of road fatalities. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) when considering these factors in the section that follows, the information must be hedged by an acknowledgement that existing research and analysis is hindered by a lack of data, (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Surveys suggest 92% of all pedestrian injuries in Ghana, for example, go unreported to police. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) a major reason why many African laws inadequately address the risks of road fatalities is because governments are not fully apprised of the totality of causes. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even countries that do provide statistical data, however incomplete, have different reporting standards than other countries, so a point for point comparison of the results is misleading. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

1. Vulnerable Road Users

Certain groups are more susceptible to injury and fatality based on their form of transportation. (NOTEREF-Ref194065771 \h \* MERGEFORMAT) Vulnerable road users include pedestrians, bicyclists and motorcyclists, and mass transit riders. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The most vulnerable and frequently injured road users in Africa are pedestrians because of their lack of barrier protection. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Depending on the country, between 40% and 75% of road fatalities are pedestrians. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even people are aware of the risks of their transportation choices, they often are unable to afford other methods. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Level of education, often related to poverty, is also a variable of risk. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In Kenya, for example of commuters with no formal education, 27% commuted on foot, 55% commuted through public transportation, and 9% used private vehicles.

In developing countries, buses, trucks, and taxis are the vehicles most frequently involved in accidents. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In Lagos, Nigeria, buses are referred to as danfos and molue, or "flying coffins" and "moving morgues," respectively, because of their dangerous reputation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While aware that public buses are dangerous, poor commuters have no other economical choice, and must subject themselves to the risk of death and serious injury in order to earn a living. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Possible reasons why these vehicles are so dangerous include risky driving, poor vehicle maintenance, over-crowding passengers, poor road conditions, congestion, and a lack of laws and regulations to remedy these problems. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

2. Increased Vehicle Presence

There are relatively few vehicles in developing African countries, and their novelty makes it more difficult for vulnerable road users to anticipate and gauge a driver's actions to maintain their own safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In developing nations of Africa, there is only one licensed vehicle per 100 individuals, compared to 60 out of 100 in developed countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) A survey of all motorized countries demonstrates that as the number of licensed vehicles increases, there is a correlating increase in road deaths, which in turn begin to decrease once the country is developed. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even South Africa, the highest income country in Africa, has not experienced a significant decrease in road related deaths because it is not yet a fully developed nation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Poor vehicle maintenance also contributes to the high accident rate in the region. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In many African countries, there are no vehicle inspection requirements. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This is particularly alarming considering that many of the cars are already used when imported and are not properly maintained. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Poorly maintained vehicles include mass transportation vehicles, such as buses, that are over-packed with low income passengers who cannot afford safer transportation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

In September 2006, the Kenya Police Motor Vehicle Inspection Unit implemented a crackdown project, stopping and inspecting vehicles for road worthiness. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Of the 1,009 reported filings, 372 vehicles (or 37%) were not roadworthy under Kenyan regulations, 462 (or 46%) had major defects, 143 (or 14%) had minor defects, and only 32 cars (or just 3%) were fully compliant. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

3. Infrastructure Problems

Ninety percent of all freight and passenger traffic in Sub-Saharan Africa use vehicles on roadways; only 10% of such traffic uses other modes of transportation such as rail, boat, or plane. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Unsafe, poorly maintained roads are common, and the burden placed on roads by freight transport exacerbates the risks road infrastructure pose. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Due to lack of maintenance road infrastructure built in the 1980s eroded to the point that $80 billion is needed to replace road infrastructure in sub-Saharan Africa, and $800 million is needed annual to maintain the roads. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Desmond Tutu is concerned that the development of new roads in Africa may lead to even more deaths because new roads are not engineered for safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Some of me major infrastructure problems in developing countries include through-traffic in residential areas, pedestrian traffic conflicting with vehicle traffic (particularly with busy roads near schools), combination of pedestrian and vehicle traffic on high-speed roads, lack of medians, and lack of barriers to prevent pedestrian access to traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Simple mitigating steps taken in high-risk areas could minimize deaths. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) How drivers perceive the safety of the road effects how safely they drive; the safer their perception of the road, the less careful drivers and pedestrians will be. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Developments intended to improve safety must have a user friendly design to be effective. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In Uganda, for example, a pedestrian footbridge over a major highway in Kampala did not decrease accidents because the location made it impracticable for people to use. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Development of more thoughtful road designs will hopefully be more common since the World Road Association (PIARC) wrote the Road Accident Investigation Guidelines for Road Engineers in 2007 to assist engineers in determining infrastructure related causes of road accidents and implement appropriate improvements (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

4. Poor Enforcement

When traveling abroad, Americans are apprised of the fact that people in many foreign countries, particularly in developing countries, drive dangerously. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This may be because the country does not have comprehensive driving regulations, or that these regulations are not enforced with any gusto. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Failure to enforce traffic violations is an international problem; for example, if all road laws in the EU were enforced, deaths and serious injuries would be reduced by 50%. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) On me other hand Mexican statistics suggest that when violations are stringently prosecuted through a confusing web of legal procedures, perpetrators found it easier to hit and run in 90% of incidents where pedestrians were hit, rather than to appear in court and subject themselves to criminal and civil liability. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Ghana sees the promulgation of driving regulations as necessary to successfully achieve middle income status in the shortest possible time. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In 2006, Ghana's Ministry of Transport compiled Draft Road Traffic Regulations to this end. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Of course, driving regulations are only as useful as a person's ability and desire to follow them, and the police's ability to enforce them. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This includes both awareness of the rules, and the physical capability to follow them. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Low literacy rates, for example, decrease the likelihood that drivers will understand road signs, vehicle manuals, or road rules. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Furthermore, prevalent corruption within the system itself prohibits the implementation of promulgated road safety rules; laws are worthless if they are usurped or totally unenforced. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

5. Inaccessible Medical Care

When accidents cannot be prevented, the backup safety plan is to avoid serious injury or fatality to the victim. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This 'plan B' is achieved through immediate and effective medical response, which is often hard to get in Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While medical training programs are being introduced in the region, their need is still widespread. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In general, medical problems in Africa include insufficient numbers of properly trained medical professionals, ill-equipped hospitals, poor emergency transportation, and a lack of emergency and trauma facilities specifically equipped to treat accident victims. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While medical professionals affiliated with programs such as the International Committee of the Red Cross are able to assist for particular large scale episodes such as natural disasters, these forces of doctors are not available to help provide general medical treatment or to provide improvement services. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Traffic injuries themselves place a huge pressure on the already strained medical industry. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Those injured in traffic accidents take up almost half of the hospital beds in surgical units of the hospitals of low and middle income countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) If these injuries were actually prevented, hospital funding could be used to improve services to patients with other diseases such as HIV/AIDS, tuberculosis, or malaria. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)


The purpose of this section is to consider how developing countries, regional bodies, and the international community are addressing road safety through legislation, and to introduce the reader to what several organizations are doing to research address, and improve the problem. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Countries been discussing traffic almost since the inception of the motor vehicle. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For example, the first International Road Congress was held in Paris in 1908, and the first International Road Traffic Convention was held in 1909. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) International road rules were discussed at both gatherings. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Despite this long history of international cooperation, low income countries have not actively participated because they do not qualify to be members, the activities of the conferences do not address their issues, language or geographic barriers exist, and/or the country lacks the technical or economic capacity to participate. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

A. The 1968 Vienna Conventions On Road Traffic And Road Signs And Signals

The 1968 Vienna Conventions on Road Traffic and on Road Signs and Signals established minimum standards of road signs and traffic regulations among signatories in Latin America, Africa, Europe, and Asia in order to harmonize the fundamental road rules of the contracting parties. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The purpose of the 1968 Traffic Convention is "to facilitate international road traffic and to increase road safety through the adoption of uniform traffic rules." (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The text includes requirements and recommendations of domestic road traffic to ensure the ease of international travel. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Article 1 includes definitions of types of roadways, vehicles, and road usage. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Article 3 outlines the obligations of the contracting parties, which includes taking appropriate measures to ensure that road rules are enforced in accordance with Chapter II of the Convention. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Chapter II is the main portion of the treaty, and provides a broad range of rules for the movement of traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Remaining chapters deal with registration, driving permits, requirements for cycles and mopeds, and other regulations in order for a vehicle to be permitted into international traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

In the same vein, the Vienna Convention on Road Signs and Signals was created based on the understanding that "international uniformity of road signs, signals and symbols and of road markings is necessary in order to facilitate international road traffic and to increase road safety." (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Parties to this Convention agree to use the signs prescribed in the Convention and, where no sign is prescribed, the country may create a sign that is not attributed to another road command and agree to abide by a timeline to replace old signs and implement Convention signage. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The Convention defines several classes of road signs, including signs to warn users of a road danger, regulatory signs including priority, prohibitory, mandatory, and special regulation signs used to tell road users of their obligations, and informative signs used to guide and provide information to road users. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Chapter III regulates traffic light signals for traffic and for pedestrians. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Other chapters and articles deal with road markings and signs for road works. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

B. Southern African Development Community Protocol: A Regional Regulation

A total of eleven African nations have ratified or acceded to one or both of the 1968 Conventions on Road Traffic and Road Signs and Signals. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) But a number of nations have decided to address the issue of road safety at the regional level. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The Southern African Development Community (SADC), for example, was established in 1980 as a loosely aligned conference and transformed in 1992 as a more formal organization pursuant to a treaty between its members. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Its major contribution to the issue of road safety in southern Africa is the Protocol on Transport, Communications and Meteorology (SADC Protocol) entered into force in August 1996. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The SADC Protocol was formed in part because of recognition that collective work to promote better road infrastructure and safety is a better use of resources for the region, and that since southern Africa is interdependent, "a collective benefit may be derived from greater integration and co-operation between these networks." (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The SADC Protocol includes a collection of promises by contracting states to create domestic legislation concerning transport, infrastructure, funding, road traffic policies, and vehicle standards and to create a centralized national roads authority. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Unlike the Vienna Conventions, the SADC Protocol also deals with road law enforcement. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Also unlike the Vienna Conventions, contracting states are bound to enforce the SADC Protocol, and there are consequences for noncompliance. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Additionally, SADC is in its third edition of the Road Traffic Signs Manual, created in 1999 to provide a regionally unified road signage system. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This was written to conform to European rules, while taking into account the unique needs of southern Africa and, consequently, contained a significantly greater number of sign types. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

C. World Health Organization

The World Health Organization (WHO) and its legislative body, the World Health Assembly (WHA), have a long history of addressing the issue of global road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In 1962, WHO independently published a book on road traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) More recently, and of most influence on the international community, WHO published along with the World Bank the World Report on Road Traffic Injury Prevention. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The purpose of the report was to generate awareness about road fatalities internationally, to influence a change of assumptions based on data collection, and to create and strengthen organizations and partnerships dedicated to eradicating the problem. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Based on extensive research collaboration and statistics, the report defined the problem, emphasized its disproportionate impact on developing countries, analyzed risk factors, speculated prognosis, and made recommendations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

D. United Nations General Assembly

Emboldened by the findings and recommendations of the World Report, the Permanent Representative from Oman, Fuad Mubarak Al-Hinai, requested on February 13, 2003 that global road safety be included into the agenda of the fifty-seventh session of the General Assembly. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In support of this suggestion, Mr. Al-Hinai included an explanatory memorandum briefly outlining the disproportionate effects of traffic injuries in developing countries and, in particular vulnerable road users, as well as provided statistical information about road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) As a result, the General Assembly adopted most of Mr. Al-Hinai's draft resolution, and the issue of global road safety has been an agenda topic for the General Assembly since then. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In 2005, the General Assembly invited member states to implement the recommendations of the 2004 World Report on Road Traffic Injury Prevention and established an annual World Day of Remembrance for Road Traffic Victims. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Though on the agenda as item number forty-six for the sixty-second session, global road safety was never discussed during the regular session but for a report by the Secretary General. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) On March 26, 2008, a draft resolution was composed, amended to include more sponsors on March 31, 2008, and adopted in nearly identical form by General Assembly resolution on April 25, 2008. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Major contributions of this resolution include a recognition that developing countries have unique needs and the UN now encourages member states to assist regional commissions in assisting low and middle income countries with financial and technical support, noting WHO's venture in creating a global road safety status report, and noting an upcoming international ministerial conference on road safety in 2009 in the Russian Federation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) However, these statements were still merely an acknowledgement of steps being taken by others, and encouraging member states to participate. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

E. UN Road Safety Collaboration

In 2004, the UN invited WHO to coordinate the road safety issues within the UN system. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Today, the UN Road Safety Collaboration comprises forty-two organizations, including eleven UN agencies. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Goals of the Collaboration include facilitating regional and international cooperation among its partners to implement the recommendations of the World Report on Road Traffic Injury Prevention and support safety programs. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Specific ways to reach this goal include: conducting surveys and assessments of current national safety programs; enabling countries to institute road safety programs and to demand and advocate for road safety awareness; improving the safety of UN vehicles, and; developing support for road safety programs such as wearing helmets, decreasing speed, and discouraging drunk driving. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Tangible results of the Collaboration include the production of manuals that provide guidance to countries on how to implement the recommendations of the World Report on Road Traffic Injury Prevention. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

F. UN Economic Commission For Africa

The UN Economic Commission for Africa (ECA) is one of five regional commissions established by the UN Economic and Social Council (ECOSOC) to promote economic and social development and to ensure commitments and goals are being met. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The ECA is a member of the UN Road Safety Collaboration, but has been working independently on the issue of road safety for twenty-five years. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In 1984 the ECA helped to organize the African Road Safety Congress, which met in 1984, 1989, and 1997, to understand the causes of road accidents in Africa and to strategize ways to reduce the risks of the road. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The ECA headed the implementation of the United Nations Transport and Communications Decades in Africa (UNTACDA I & II) from 1978 to 2000 that focused on the importance of road safety for the transport industry on the continent. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Following the General Assembly's 2005 resolution, the ECA and WHO organized the African Road Safety Conference in February 2007 (the Accra Conference). (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Among many recommendations and encouragements, the Accra Conference published a Ministerial Declaration resolving to undertake eleven resolutions concerning road safety in Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

G. Private Actors

Private organizations are major players in addressing road safety issues, and are coordinating outreach efforts with public organizations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In February 1999, the World Bank spearheaded the formation of the Global Road Safety Partnership (GRSP) as one of four of the World Bank's Business Partners for Development (BPD). (NOTEREF _Ref194065771 \h \* MERGEFORMAT) More than 200 organizations, including 35 contributing members in the public and private sphere, have established active GRSP projects in 12 countries, including 3 African nations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) GRSP selects countries for projects where road safety has been identified as a problem, where local governments are willing to address the issue, and where there is already a framework (typically a national road safety action plan) in which GRSP can easily operate. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

The FIA Foundation is a private organization founded in the United Kingdom with almost 200 members from 95 countries, including organizations from a few African countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The FIA Foundation's purpose is to address every aspect of the automobile's place in society, including road safety, environmental issues, and motor sports. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The FIA Foundation runs its own research projects, educational programs, and grant programs, and is actively involved with UN organizations on road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)


A. The 1968 Vienna Conventions Were Not Made For Africa

Developing countries, including African nations, are encouraged to adhere to the 1968 Vienna Conventions. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) It is important for developing nations to consider the application of the Conventions in their societies to gain guiding principles on road safety and in order to encourage international trade and travel within the nation's boarders. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The Conventions are useful for developing countries that may not have the resources to write domestic regulations from scratch, because the Conventions cover a broad range of topics and issues that frequently arise on any road and which could lead to unsafe driving practices if not uniformly addressed. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

There are problems, however, in the assumption that adhering to and enforcing the Conventions will solve the road safety crisis in developing countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While broad, the Conventions lack detailed regulations, meaning further domestic regulations are required once the conventions are adopted. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Furthermore, the Conventions allow domestic legislators to pass supplementary or preemptive rules, so the Conventions are written with knowledge that they do not address the entire problem. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

In several areas particularly important to the road safety issues of developing nations, the Conventions do not require any particular action but recommend domestic regulation be created or, alternatively, give general, non-binding guidelines. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Additionally, the Conventions were written for the purpose of improving the ease and safety of international road travel across state boarders, and not for ensuring road safety in Africa per se. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Thus, translating such a document into the main foundation of a domestic road safety policy with its own unique challenges will be difficult and leave significant gaps. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Also, many problems unique to African nations are not addressed by the Conventions, which were primarily drafted for more developed nations, because African nations often lack the fiscal, human, or political resources to fully resolve the problems with legislation and enforcement. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) One such issue is the catastrophic safety problem presented by public transportation inadequately addressed by the Conventions' recommendations and lack of guidance. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While the Conventions recommend public transportation drivers abide by the basic rules and licensing requirements for all drivers outlined in the conventions and recommend that transportation vehicles should meet the minimum requirements of registration and inspection, the Conventions do not adequately address the bad habits and recklessness of bus drivers in particular who over-pack vehicles with packages and passengers, speed, race each other, and do not properly maintain their vehicles in a safe manner. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

The Conventions' rules applicable to pedestrians are also insufficient to address the problem in Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) According to the Traffic Convention, Pedestrians are required to use sidewalks where available. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Where not available, pedestrians must use the cycle lane and then the actual road, but must stay as close to the side of the road as possible. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Pedestrians need not use available sidewalks where they are in groups with a procession leader, or where they are carrying or pushing bulky objects that would interfere with pedestrians using the sidewalk. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Pedestrians must use a crosswalk if available nearby, must obey any pedestrian light signals at these cross walks, must not walk into the road where traffic signals indicate vehicles may traverse at that time, and at no time may step into the road "without taking the distance and speed of approaching vehicles into account" and may not impede vehicular traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While part of these regulations include common sense for individuals in developed countries who are used to cars, signs, and traffic patterns, individuals in regions without many vehicles are unable to take distance and speed into account or understand what vehicle traffic signals are indicating to cars; similarly, individuals who are in areas congested with vehicles are unable to cross without impeding vehicular traffic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Also, an education of these regulations either does not exist or is not broad enough to make a substantial impact. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For both Conventions, but particularly for the 1968 Traffic Convention that regulates driver actions, enforcement is a major problem African nations need to overcome. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even if the Conventions fully address all of the issues in Africa, and even if all African nations became contracting parties to the Conventions, they still would not be beneficial because drivers would continue reckless practices until enforcement officials obtain the necessary resources, stop the corruption, and make road safety a priority. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Neither Convention sets up enforcement mechanisms for police or other officials, nor do they provide for enforcement assistance to countries that need help in this area. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Similarly, there are significant issues when trying to apply the Convention on Road Signs and Signals to African nations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For example, many drivers in Africa are illiterate. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This illiteracy, and its root of poor education, makes following road signs and traffic patterns difficult, particularly where road signs use language rather than symbols. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Though many of the traffic signs prescribed by the Road Sign Convention are symbolic, thereby transcending the language barriers of international travel, illiterate individuals with little education may still have difficulty understanding the many varied and intricate road signs and traffic patterns. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Also, the process of creating and placing the mandated road signs is fiscally impracticable. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The Convention on Road Signs requires that within four years from becoming a contracting party, the country must replace or supplement all signs that use symbols similar to Convention signs but used with different meanings, and must replace within fifteen years any sign that does not conform to the Convention. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) It does not give any leeway or extensions for non-conforming signs that are adequately controlling traffic, because the purpose of the conventions is to make international traffic regulations more predictable, not to make domestic roads safer. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

B. The SADC Protocol And Manual Are Regionally Appropriate But Not Comprehensive Or Enforced

The SADC Protocol and Manual support the collective use of fiscal and human resources and emphasize the importance of modifying the 1968 Vienna Conventions to address the unique needs of Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Unlike the 1968 Vienna Conventions, the SADC Protocol and Manual do not assume that funding, enforcement, or legislation exist, and are tailored to the particular needs of the region. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Despite the benefits of regional cooperation, however, the SADC Protocol is only a first step because it does not provide specific legislation but only a call to create it. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While the SADC Manual is an example of specific rules based on the principles of the SADC Protocol, it is only law in South Africa and none of the other thirteen nations which are members of the regional association have adopted it. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even where it is in force, one of the most advanced regulatory nations in Africa admits to having a significant problem with enforcement and that there is a general culture of impunity that contributes to a reckless disregard for existing road rules. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) If South Africa has these problems, surrounding nations will face similar and possibly more severe obstacles once they enact comprehensive regulations and begin to enforce them. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

The SADC Protocol does address some of the most fundamental problems with road safety in Africa, including pedestrian safety and public transportation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Though it does address the issues involving vehicle safety in general and infrastructure requirements, these problems are not the only issues that are present in Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The SADC Manual is evidence that African nations are taking steps to fulfill the legislation requirements of the SADC Protocol, but it also reveals the region's need for assistance in developing the unifying regulations they aim to create. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

C. Benefits And Accomplishments Of The Current International Movement

In the past decade, the issue of road safety as a global safety and health crisis has appeared on the radar of various international bodies. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The World Report on Road Traffic Injury Prevention published by WHO and the World Bank in particular, along with other documents and organizations, was exceedingly important in putting this item on the agenda of the UN and creating international collaboration organizations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) These collaborative efforts are on their way to ensuring that existing and future funds for road safety are targeted to areas in need and that programs do not overlap with the activities of other organizations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Programs and safety manuals institute and written to date are commendable. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) In turn, the awareness has also created potential for new funding sources. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) More funding and international aid will assist African nations in the creation of a regionally effective manual for road and vehicle regulations. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Assisting in information and statistic collection, analysis, and application is a major accomplishment of international bodies. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Poor statistical information inhibits effective road safety legislation because, without the data, it is difficult to correctly determine the contributing domestic factors and the best way to effectively solve them. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Developing countries do not have money to waste, and it is important for them to focus on problems proven to be both significant and preventable, rather than on problems that are negligible or that cannot realistically be solved. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) There is much more work to be done, and the UN recognizes more information is essential. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

D. Areas For Improvement For The International Movement

Despite the progress made in disseminating information concerning and addressing road safety problems, these are only preliminary steps. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Road safety has been a major health problem for Africa and other developing countries since the time automobiles were introduced, and while international bodies have been blowing the whistle for decades, the problem continues to worsen. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Even if the issue was unknown to the international community before it was first placed on the UN agenda in 2003, after six years, developing countries should be receiving much more international attention about road safety, if not also receiving more assistance and improvement. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Media coverage is essential to raise awareness of this epidemic around the world to solicit additional funding and support sources, as well as to educate the at-risk population about how they can prevent injury and death. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The lack of media attention has resulted in major consequences to road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For one, there is a greater acceptance of the risk of road accidents because the risk is not at the forefront of peoples' minds. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Without media attention, road safety never rises to the top of list of political priorities of international bodies and local governments because it simply cannot compete with the many equally important but more popular social justice, human rights, and health issues. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Likewise, public and private donations will continue to be low until the issue is made a priority and organizations believe donations will be a good investment resulting in positive publicity. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

The human devastation and the irony of weeks upon weeks of bloodshed should cause pause to consider why the epidemic of road fatalities is not broadly reported in one of the most charitable nations in the world. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Media coverage is also important to give political voice to those with no political clout. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Particularly in low and middle income countries, those most at risk for injury or death are poor and have little or no power in their government. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Victims often cannot advocate for themselves, so it is increasingly important for the media to publicize their plight, raise awareness, and encourage individuals and organizations that do have influence to put their weight behind the movement to eradicate this epidemic through responsible, effective, and enforceable legislation. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Donations by private individuals and businesses in the global community will correspondingly increase as international awareness and outrage towards road fatalities increases, similar to the international response to HIV/AIDS. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

In order for road safety organizations and programs to lower these grim statistics, there needs to be an influx of funding and economic resources. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) When the UN called upon the WHO to lead UN road safety programs, the resolution was unfunded. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Though the UN encouraged the regional commissions to take charge, they do not have the financial, technical, or employee resources to properly address road safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) If road safety is not an international priority for funding then developing countries, which lose more money to road accidents than they receive in developmental assistance, will continue to face challenges to establish and support road safety programs. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Further collaboration is necessary to ensure all stakeholders are represented and working together to effectively address the needs of those at greatest risk. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Although there is currently substantial collaboration among several organizations, it lacks comprehensiveness, and fails to represent all stakeholders (including transport, health, law enforcement, education, and at-risk populations). (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Inadequate collaboration makes data collection and comparison a logistical nightmare. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For example, while most nations of the international community define a road fatality as a "death occurring within thirty days of the crash," this definition has not been universally adopted. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Some countries use much shorter time frames when determining what constitutes a road fatality. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Road safety is not highlighted in the Millennial Development Goals (MDGs), and the MDGs are not frequently interpreted as requiring a focus on road safety, even though several MDGs would be easier to achieve if road deaths and injuries decreased. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Kofi Annan has continually stated that road safety is essential to the success of MDGs internationally. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) His successor, Ban Ki-Moon, however, decided not to include a similar recommendation in his report to the UN General Assembly. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Furthermore, although ECA discussed and researched road safety, it neglected to mention road safety in its report on the progress and challenges of MDGs in Africa. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Organizations dedicated to assisting the road safety epidemic must take their own advice and make road safety a major focus of their policies and funding. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) For example, World Report says financial and human resources must be allocated to address the problem. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Kofi Annan says that "[t]he task of coordinating such a group is large and requires the investment of appropriate human and financial resources." (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Despite the number of relevant international bodies addressing road safety, including World Bank, WHO, UNDP, and all UN Regional Commissions combined, there is still a discouragingly small number of full-time staff dedicated to road safety on the international level. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) GRSP has done laudable work in three African nations, but because GRSP will only assist countries that already have a road safety structure in place, its policy effectively is to ignore countries in need of the most help. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) This policy may be the reason why GRSP is only operating in three African countries. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

Additionally, the UN General Assembly has passed multiple resolutions commending the World Report and recommending its findings be implemented. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) The World Report says low and middle income countries need assistance implementing recommendations of the 1968 Vienna Conventions; however, the UN General Assembly did not acknowledge this need until its most recent resolution on the issue. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) When transport ministers from developing countries meet, integration and infrastructure issues dominate road safety issues because international transport and freight bring in more resources than homeland safety. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)


Deaths and serious injuries resulting from road accidents are completely unacceptable because they represent one of the few types fatalities that are preventable. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Unfortunately, the African continent faces unique and seemingly overwhelming obstacles to the goal of eradicating this epidemic. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) While some domestic legislation exists and the international community is beginning to understand the importance of addressing this problem, much more must be and should have been done since the UN began discussing the issue six years ago. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) Regionally and nationally sensitive legislation needs to be developed with the assistance of international bodies to ensure the epidemic is eradicated before millions more are killed. (NOTEREF _Ref194065771 \h \* MERGEFORMAT) To this end, regional organizations like ECA and SADC should be given financial, human, and legislative resources and encouragement to ensure that regionally appropriate regulations are created. (NOTEREF _Ref194065771 \h \* MERGEFORMAT)

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Press Release, Sec'y Gen, In World Health Day Message, Says Road Safety Can Prevent Needless Suffering, But Does Not Happen By Chance, U.N. Doc. SG/SM/9224 (Mar. 26, 2004) [hereinafter, World Health Day Message] (outlining why road safety is an international crisis and lauding theme for 2004 World Health Day); The Secretary-General, Report of the Secretary-General on the Global Road Safety Crisis, [paragraph] 4, delivered to the General Assembly, U.N. Doc. A/58/228 (Aug. 7, 2003) [hereinafter 2003 Sec'y- Gen. Report] (describing worldwide mortality resulting from traffic injuries). For every fatality, twenty to fifty more individuals are seriously injured. Mark Rosenberg, A New Threat to the Health of Women and Their Families: The Global Epidemic of Road Traffic Injuries, 22 EMORY INT'L L. Rev. 159, 160 (2008).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .World Health Day Message, supra note 1. Ninety-six percent of child fatalities from road accidents occur in low and middle income countries. COMM'N FOR GLOBAL ROAD SAFETY & FIA FOUND. FOR THE AUTO. & SOC'Y, MAKE ROADS SAFE: A NEW PRIORITY FOR SUSTAINABLE DEVELOPMENT, 8 (2006), available at publications/Documents/mrs_report_2007.pdf [hereinafter MAKE ROADS SAFE REPORT].

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See MAKE ROADS SAFE REPORT, supra note 2, at 6 (explaining Africa has higher injury and mortality rates based on population than rest of world). In Africa, 28.3 of every 100,000 people die from a road accident. Id. at 6-7. This is significantly higher than the rate of 14.8 for every 100,000 in North America and 11.0 for every 100,000 in Europe. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Kevin M. McDonald, Shifting Out of Neutral: A New Approach to Global Road Safety, 38 VAND. J. TRANSNAT'L L. 743, 750 (2005). This cost could represent the difference between development and stagnation. Rosenburg, supra note 1, at 162. The World Bank classifies World Bank members and all other states with more than thirty thousand citizens into four economic categories. World Bank, Country Classification and List of Economies, (2008) available at [hereinafter World Bank Economies]. Low income economies have a gross national income (GNI) per capita of $935 or less; lower middle income economies have a GNI per capita of $936 to $3705; upper middle income economies are $3706 to $11,455; high income economies are $11,456 or higher. Id. This paper will examine low and lower middle income economies and will equate these two terms with developing countries. Cf. infra Part II (discussing road risks in Africa's developing countries). The World Bank list of economies referred to in this paper is effective from July 1, 2008 to July 1, 2009. See World Bank Economies, supra note 4 (explaining income classifications set each year on July 1).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part IV.D (discussing Africa's lack of resources and need for international assistance).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See G.A. Res. 58/316, [paragraph] 4(h), U.N. Doc. A/RES/58/316 (Jul. 13, 2004) (addressing issue for first time, allocating "Global Road Safety Crisis" consideration every two years); 2003 Sec'y-Gen. Report, supra note 1, [paragraph] 42 (concluding national, international response to global road safety in low- and middle-income countries paltry); Joey Ledford, Carnage Rises on Third World Roads, ATLANTA J.-CONS., Dec. 26, 2003, at 2E (calling global road safety "the hidden epidemic").

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra passim.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 4. A leading expert says the "optimistic" world-wide prediction is that by 2030, road traffic deaths will become the fourth leading cause of death world wide, up from number eight currently. Rosenberg, supra note 1, at 162. If by that time there are significant advances in AIDS care, road traffic deaths would instead be the second leading cause of death around the globe. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part II (identifying pedestrian vulnerability, public transportation, vehicle numbers, vehicle maintenance, infrastructure, enforcement, medical problems as major factors).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part III (discussing international and regional response to road problems).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part IV (analyzing Vienna Conventions, SADC protocol, and NGO response).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part V (providing final reflection on road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Tutu Renews Call for Road Safety in Africa, BUS. DAY SOUTH AFRICA, June 7, 2007. On May 31, 2007 in Cape Town, Tutu said, "If we could defeat such a ghastly and awful phenomenon [as apartheid] then why can't we overcome this equally ghastly occurrence [of road injuries]?" Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Pontifical Council for the Pastoral Care of Migrants and Itinerant People, Guidelines for the Pastoral Care of the Road passim (May 24, 2007), available at (declaring pastoral care and rights of road users and obligations of Catholics towards road users). The Vatican declared the "Drivers Ten Commandments":

1. You shall not kill.

2. The road shall be for you a means of communion between people and not of mortal harm.

3. Courtesy, uprightness and prudence will help you deal with unforeseen events.

4. Be charitable and help your neighbour in need, especially victims of accidents.

5. Cars shall not be for you an expression of power and domination, and an occasion of sin.

6. Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so.

7. Support the families of accident victims.

8. Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness.

9. On the road, protect the more vulnerable party.

10. Feel responsible towards others.

Id. [paragraph] 61.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. MAKE ROADS SAFE REPORT, supra note 2, at 10 (stating sensational media events only kinds of accidents reported on news).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. (explaining individual accidents tragedy to victims but not considered worthy of sensationalist media attention by journalists); Wim Oude Weernink, Volvo safety guru's goal is zerotraffic fatalities, AUTO. NEWS EUROPE, Jan 8, 2007, at 14 (noting death rate equivalent to eight jumbo planes crashing every day); Richard Dahl Vehicular Manslaughter: The Global Epidemic of Traffic Deaths, 112 ENVT.L HEALTH PERSPECTIVES, A628, A630 (2004) (arguing three thousand individual fatalities not news, but single tragedy killing three thousand news); Rosenberg, supra note 1, at 163 (stating individual accidents not reported, but jumbo jet crash killing same number of people reported); Joseph Stalin, available at (last accessed Feb. 4, 2009) ("A single death is a tragedy; a million deaths is a statistic."). "Road accidents continued to arouse only limited public interest.... Our adversary is fatalism.... Road accidents can no longer be regarded as being due to unfortunate mischance or as an inevitable accompaniment of the modern world. They are a public health problem on the planetary scale." Jacques Chirac, President of the French Republic, Address on World Health Day, A Public Health Problem on a Planetary Scale: Road Traffic Injuries (Apr. 7, 2004), reprinted in Kofi Annan, The Task Force for Child Survival and Development, The Global Road Safety Crisis: We Should Do Much More (Sept. 2004) 27, at 28, available at resources/documents/ 157577025__full_grsun_report.pdf; see also MAKE ROADS SAFE REPORT, supra note 2, at 10 (stating victim often blamed for accident, thereby discouraging investigation and implementation of safety measures).

While car accidents or accident statistics are not reported on international news, local newspapers in Africa do report road accidents. See, e.g., John Oywa, The Road Accident That Claimed a Church Choir, STANDARD, Nov. 1, 2007 (reporting seven deaths and twelve injuries in crash after choir returning from competition); Conan Businge & Joel Ogwant, Seven Perish in Road Accidents, NEW VISION, Dec. 22, 2007 (describing three weekend accidents); Atang Izang, 46 Soldiers Burnt to Death, LEADERSHIP, May 23, 2008 (reporting soldiers returning from Darfur peacekeeping mission killed when bus collided with petroleum tanker); Robert Nyasato, 21 Feared Dead After Grisly Road Accident, STANDARD, Aug. 31, 2007 (reporting accident with trailer colliding with vehicles, bridge, and river). But see Rosenberg, supra note 1, at 165 (stating journalist refusal to publish not newsworthy human death, but published unique animal road death). In South Africa, on Monday October 20, 2003, eighteen people were killed and thirteen injured when a truck ran into them. Michael Schmidt, et al, Truckers Want Higher Speed Limits, SUNDAY TIMES, Oct. 26, 2003, at 6. On that Thursday, an oil tanker hit an ambulance at the scene of an earlier accident and burst into flames injuring four. Id. The next day, twelve people were killed and twenty seven injured when a truck hit twelve stationary vehicles. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 10; U.N. GAOR, 60th Sess., 38th plen. mtg. at 6, U.N. Doc. A/60/PV.38 (Oct. 28, 2008) (quoting Mr. Al-Hini from Oman). "Fatalism is our biggest problem, causing individuals to look at road traffic injuries as just accidents--acts that are unpredictable and therefore unpreventable." U.N. GAOR, 60th Sess., 38th plen. mtg. at 6, U.N. Doc. A/60/PV.38 (Oct. 28, 2008).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See, MAKE ROADS SAFE REPORT, supra note 2, at 10 (stating traffic injuries ignored but ubiquitous). Kofi Annan said:

   These accidents often occur one by one, and it is a personal and
   individual tragedy. I am not sure if people are aware of the kind
   of numbers involved, and if they were to look at it in those terms
   it will have an impact and it will raise awareness.

Interview by FIA Foundation with Kofi Annan. UN Secretary General (Jan. 2004), reprinted in MAKE ROADS SAFE REPORT, supra note 2, at 30 (discussing World Health Day). Dr. Mark Rosenberg, the U.S. representative sitting on the Commission on Global Road Safety and Director of the Global Road Safety Forum, says road deaths are "a new epidemic, and ... [are] a virgin problem because I am sure that you either haven't heard about this problem or you don't think that it's so bad." Rosenberg, supra note 1, at 160. The United States government is not wholly ignorant of the problem of road safety, as evidenced by the contributions the United States has made to the safety movement. See Stephen Williams, Road Accidents Are Africa's Third Biggest Killer, AFRICAN BUS. 38, 38 (Oct. 2003) (discussing US research contribution). For example, the U.S. Federal Highway Administration commissioned the Transport Research Laboratory (TRL) to review road safety in sub-Saharan Africa after TRL did research for the Global Road Safety Partnership. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 11. Governments will appear more responsible attending to equally deserving but much more popular problems such as AIDS or civil war. See id. (stating political attention given to higher profile international issues, even if road safety as important). Unlike disease, road accidents are predictable and preventable with enough political will. Cf. id. at 12 (stating developed nations drastically decreased road fatalities through political strategies during growth of motorization). Even today, NGOs note that road safety is at the bottom of the list of priorities for many African governments. GLOBAL ROAD SAFETY P'SHIP, 2008 ANNUAL REPORT 6 (2008) available at [hereinafter GRSP 2008 ANNUAL REPORT]. One reason for this may be that international donors do not see it as worthy of funding. See Charles Melhuish, Lead Transport Sector Specialist, Asian Development Bank, Statement at UN Stakeholders Forum (Apr. 15, 2004) reprinted in Kofi Annan, The Task Force for Child Survival and Development, The Global Road Safety Crisis: We Should Do Much More 77, at 109 (Sept. 2004) available at 157577025__full_grsun_report.pdf.

   We need to give road safety much greater prominence and awareness
   in the developing world.... Those of us in development banks and
   bilateral-aid agencies need to increase funding and support for
   road safety. I find it difficult to raise money for road-safety
   programs. Road safety doesn't seem to be on the map from a donor's
   point of view.


   [T]he level of funding targeted at reducing road traffic injuries
   is far from commensurate with the scale or the problem.
   Furthermore, the long-term financial planning necessitated by some
   organizational structures, such as the regional commissions, makes
   it challenging for them to add new unfunded road safety programmes
   to their predefined long-term plans.

Kofi Annan, Note by the Secretary General, The Global Road Safety Crisis: Progress On The Implementation of General Assembly Resolution 58/289, [paragraph] 34, U.N. Doc. A/60/181 (Aug. 14, 2005) [hereinafter, Progress on Resolution]. "Despite the existence of cost-effective interventions, the lack of financial resources is a major obstacle to increase road safety substantially.... [D]espite [a few initiatives] the number of bilateral and multilateral donors or private foundations that support road safety remains far from sufficient to address current and future needs." Id. [paragraph] 22.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 6-7; see World Bank Economies, supra note 4 (providing definition of low and middle income countries).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 6-7. Africa is not the only region to suffer extensive loss; South East Asia has the highest number of actual fatalities and injuries and is projected to have the highest growth in traffic injuries than any other region. Id. at 6.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. at 8. The region with the highest predicted percent change is Southern Asia with a 144% percent increase. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. Accidents cost highly motorized and affluent nations $453.3 billion annually. Id. These numbers, however, only account for direct economic costs such as lost productivity and the value of the vehicles damaged, with such value being significantly higher in affluent nations. Id. at 6. In Africa, if the main bread winner and head of the home is killed or disabled by a traffic accident, the entire family is much more likely to become impoverished, wreaking incalculable economic damage. Id. at 7. In Kenya, for example, more than three quarters of all traffic fatalities are of young, economically productive adults. Id. at 7. In addition to saving money through the reduction of accidents, road safety has other indirect economic benefits, including facilitating international trade and road transport and encouraging tourism which will infuse money into the economy. Christopher Smith, UN Econ. Comm'n For Europe, Transport Div., Address at the African Road Safety Conference, Vienna Conventions on Road Traffic and on Road Signs And Signals: Benefits and Responsibilities of African Countries (Feb. 7, 2007) RoadSafetyConf2007/DayThree/Smith_ViennaConventionsRoadTraffic.pdf. Infrastructure improved for the purpose of encouraging road safety will also encourage foreign investments in the region. Id.

When considering the level of international attention and funding road safety should receive, it is appropriate to compare funds dedicated to health issues resulting in similar percentages of yearly deaths internationally. MAKE ROADS SAFE REPORT, supra note 2, at 29. Malaria and tuberculosis are examples of diseases with fatality rates comparable to that of road accidents. Id. Without undercutting the importance of research and need of aid in the areas of TB, malaria, and AIDS, the amount of funding given to these health concerns vastly exceeds funding dedicated to road safety, even though TB and Malaria each claim roughly the same amount of lives each year as road accidents. Id. Specifically, in 2002, 2.7% of all world deaths were from TB, 2.1% were from road accidents, and 1.6% were from Malaria. Id. The Global Fund To Fight AIDS, Tuberculosis and Malaria allocated $1.8 billion to malaria from 2002 to 2006 and $1.2 billion to TB during the same period. Id. The United States alone has given hundreds of millions of dollars annually to fight malaria. Id. Comparatively, less than $10 million a year is specifically allocated in all bilateral aid to assist in global road safety. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Supra note 4 and accompanying text.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Vinand Nantulya and Michael Reich, The Neglected Epidemic: Road Traffic Injuries in Developing Countries, 324 BRITISH MED. J. 1139, 1139 (2002) (comparing road deaths in developed and developing countries).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Parts II.B.1-5 (outlining major causes of road accidents in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Parts II.B.1-5 (outlining major causes of road accidents in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See, e.g. Rwembeho Stephen, The 'Finger Sign' Beats Traffic Police Skills NEW TIMES, Feb. 14, 2008 (stating accident causes include speeding, drunkenness, poorly maintained and overloaded vehicles, bad roads, and driver fatigue); 2003 Sec'y-Gen. Report, supra note 1, [paragraph][paragraph] 22-32 (outlining a systems approach list of factors and determinants leading to road traffic injury); McDonald, supra note 4, at part II.B (outlining factors in Secretary-General's report). The Secretary-General said that risk factors for road accidents include speeding, using alcohol, lack of helmet use, lack of safety devices like seat belts, poor trauma care, poor road design and roadway environment, not implementing road safety standards like speed limits, poor enforcement of traffic safety regulation, and poor vehicle safety and vehicle inspection programs. 2003 Sec'y-Gen. Report, supra note 1, [paragraph][paragraph] 22-32. All of these factors are present in Africa, but this paper will focus on those areas that are unique to Africa. See supra Part II.B (providing background of particular issues of developing nations in Africa). Speeding and alcohol use are problems everywhere, including the most developed countries like the United States. See Mothers Against Drunk Driving (MADD), (last visited Apr. 9, 2009) (informing Americans about risks of drunk driving). Much of the literature focuses on the safety of the vehicle and of the driver, such as the use of seatbelts. Cf. McDonald, supra note 4, at 770-788 (arguing safer vehicles will dramatically reduce road fatalities and suggesting "systems approach" as resolution). In Africa, however, the people at greatest risk are not those inside the vehicles, but those walking along the road. See supra Part II.B.1 (explaining why pedestrians constitute 75% of road fatalities in Africa); Nantulya & Reich, supra note 25, at 1139 (stating over 60% percent of deaths in United States are drivers, compared to 10% in Kenya).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Richard Scurfield, Poor Quality Data Are Major Obstacle To Improving Road Safety, Says World Bank, 324 BRITISH MED. J. 1116, 1116 (2002) (stating poor data collection impedes effective improvement of road safety); Rosenberg, supra note 1, at 163 (stating no good system exists to measure fatalities, and developing countries rarely track these statistics).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Shanthi Ameratunga, Martha Hijar & Robyn Norton, Road-Traffic Injuries: Confronting Disparities To Address a Global-Health Problem, 367 THE LANCET 1533, 1535 (2006) (citing survey indicating only eight percent of pedestrian injuries in Ghana reported to police).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. at 1535 (explaining lack of effective data regarding road safety); cf. REPUBLIC OF GHANA MINISTRY OF TRANSP. & GHANA STATISTICAL SERVICE, STATISTICAL AND ANALYTICAL REPORT: 2000-2008 (2008) available at Phase%20III_Statistical%20and%20Analytical%20Report _Final_Dec08_web.pdf (providing statistics and analysis across transport system including road fatality statistics).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. at 1534 (explaining lack of reliable road safety data); MAKE ROADS SAFE REPORT, supra note 2, at 10-11 (explaining lack of reliable, consistent data regarding car accidents). Nonetheless, countries do acknowledge the importance of analyzing transport infrastructure and road safety statistics.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Ameratunga, Hijar, & Norton, supra note 30, at 1535 (explaining susceptibility to death or injury depends upon means of transportation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. (discussing vulnerable road users).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. Pedestrians accounted for 80% of traffic deaths in Kenya in 1990. Emmanuel Lagarde, Road Traffic Injury Is an Escalating Burden In Africa and Deserves Proportionate Research Efforts, 4 PLOS MED. 967, 968 (2007). Sixty-seven percent of traffic deaths in Ghana between 1989 and 1991 were pedestrians, though this statistic lowered to 46% between 1994 and 1998. Id. In Mozambique, 55% of traffic deaths were pedestrians. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Nantulya & Reich, supra note 25, at 1139-40 (explaining many commuters can not afford alternative, safer means of transportation). The fact that the victims are poor further compounds their plight because the poor do not have the political clout or social voice to change their country's or region's policies. MAKE ROADS SAFE REPORT, supra note 2, at 19. "[W]e don't have safety equity around the world." Rosenberg, supra note 1, at 162.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Nantulya & Reich, supra note 25, at 1139-40.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. Comparatively, of Kenyans with a high school education or greater, 81% commuted in private cars, 19% by bus, and none walked. Id. at 1140. While emphasis is placed on vulnerable road users, no one is safe from road accidents. See Gideon M. Kibunjah, Road Accident Involving Former President Moi, KENYA POLICE NEWS, July 29, 2006, (discussing road accident involving former Kenyan president). On July 29, 2006, Kenya's former president, Daniel Arap Moi, was hospitalized after a pickup truck lost control and hit the president's vehicle. Id. The Prime Minister of Zimbabwe, Morgan Tsvangirai, lost his wife, Susan, to a car accident in which he was also injured in March 2009. Barry Bearak & Alan Cowell, Tsvangirai Calls Crash an Accident, N.Y. TIMES, Mar. 9, 2009. A truck transporting American AIDS drugs crossed the center lane after hitting a rough patch on the road, and hit the Tsvangirai's vehicle, flipping it several times. Id. Other Zimbabwean political leaders killed in car accidents include Employment Minister Border Gezi in 1999, Defense Minister Moven Mahachi in 2001, and government minister Elliot Manyika in 2007. Car-Truck Crash Kills Zimbabwe Prime Minister's Wife, Injures Him, CNN, Mar. 6, 2009, 03/06/zimbabwe.tsvangirai.accident/. Tom McDonald, U.S. ambassador to Zimbabwe from 1997 to 2001, infers that road accidents are so common in Zimbabwe that, while it could have been an accident in Mr. Tsvangirai's case, it would not be difficult for a political leader to kill an opponent and make it look like an accident. Id. (discussing history of road deaths of political leaders and frequency of accidents generally). "I'm skeptical about any motor vehicle accident in Zimbabwe involving an opposition figure. President Mugabe has a history of strange car accidents when someone lo and behold dies--it's sort of his M.O. of how they get rid of people they don't like." Id. (quoting former ambassador McDonald). Although the Prime Minister does not believe the death was anything more than an accident, he is "very troubled at the fast rate at which accidents involving the leadership of the party are happening." Tsvangirai Decries Rate of Road Accidents, ZIMBABWE TIMES (Mar. 29, 2009).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Ameratunga, Hijar & Norton, supra note 30, at 1535. Commercial drivers frequently engage in risky practices. M.O. Jaja, Is Illiteracy a Disease?, GHANAIAN CHRONICLE, Apr. 13, 2007. In Ghana, for example, commercial drivers compete with each other by racing to pick up passengers, negligently passing each other on the road, just to earn a little bit more from a few extra passengers. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Nantulya & Reich, supra note 25, at 1140. In Zambia, a bus driver was lynched by passengers after he drove into the walls under an overpass shortly after leaving a terminal. Passengers Rough-Up CR Carriers Driver, TIMES OF ZAMBIA, Mar. 26, 2007.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Nantulya & Reich, supra note 25, at 1140.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Ameratunga, Hijar & Norton, supra note 30, at 1535. In South Africa, almost 20 percent of minibus taxi drivers operate without a valid professional driving permit. SOUTH AFRICA DEP'T OF TRANSP., NAT'L ROAD SAFETY STRATEGY: 2006 ONWARDS, at 9, (follow "search," enter "2006 onwards," follow "number 2, Department of Transport_Library_Assorted Documents," scroll down and follow "National Road Safety Strategy_2006 Onwards") (last visited Mar. 24, 2009) [hereinafter SOUTH AFRICA STRATEGY].

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra notes 45-47 and accompanying text (discussing problems of few vehicles in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lagarde, supra note 36, at 967. Even though there are relatively few vehicles in Africa, road transport is the dominant form of transportation in Sub-Saharan Africa, carrying 80 to 90 percent of all passengers and freight, and it remains the only form of access to most rural areas. Stephen, supra note 28.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lagarde, supra note 36, at 967; U.N. GAOR, 60th Sess., 38th plen. Mtg. at 6-7, U.N. Doc. A/60/PV.38 (Oct. 28, 2008) (quoting Mr. Al-Hini from Oman). Once a country is developed, the number of road deaths decrease in correlation with the increase in vehicles. Lagarde, supra note 36, at 967; U.N. GAOR, 60th Sess., 38th plen. Mtg. at 6, U.N. Doc. A/60/PV.38 (Oct. 28, 2008) (quoting Mr. Al-Hini from Oman). Between the 1960s and 1980s, there was a 400% increase in Nigerian road fatalities, corresponding to an increase in licensed vehicles. Lagarde, supra note 36, at 967. There are three times as many accidents than there are vehicles in sub-Saharan Africa. Williams, supra note 18, at 38. Although Africa has only 4% of the world's vehicles, 10% of all road fatalities occur in Africa, making a car in Africa 100 times more likely to be in a fatal accident than a car in the United Kingdom or United States. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lagarde, supra note 36, at 967.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra notes 49-51 and accompanying text (discussing conditions of vehicles in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lagarde, supra note 36, at 969.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. In 2008, Ben Owusu Mensah, the Director General of the Ghana Ports and Harbors Authority, asked the government to ban importing old cars into the country because they are "death traps." Richard Attenkah, Over Aged Cars--Cause of Death On Our Roads, GHANAIAN CHRONICLE, Feb. 27, 2008. He states that most accidents in Ghana are caused by old, second-hand vehicles imported into the country and should therefore be banned. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B.1 (discussing problems with public transportation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .News Releases, Kenya Police, Crackdown on Unroadworthy and Defective Motor Vehicles (Aug. 29-Sept. 13, 2006), available at (providing multiple press releases with results of police investigations). The press releases document the types of vehicles inspected. Id. It is unclear whether the pullover inspections were random or whether suspicious vehicles were targeted. Cf. id. (failing to state methodology of vehicle stops or level of police discretion).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. (reporting results of inspections).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SUB-SAHARAN AFRICA TRANSPORT POLICY PROGRAM, SSATP ANNUAL REPORT 2007, SSATP Report No. 06/08/AR07, at 1 (2008), available at 2007.pdf [hereinafter SSATP 2007 ANNUAL REPORT].

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra notes 57-57 and accompanying text (discussing infrastructure problems in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SSATP 2007 ANNUAL REPORT, supra note 54, at 1. This cost was estimated in the early 1990s. Id. Currently, approximately 5-10% percent of African nations' annual budget is allocated for road maintenance, and 10-20% percent of international development resources is being spent on roads. Id. While the SSATP is primarily concerned with road and transport infrastructure, its second development plan does have a four year goal to "promote knowledge and good practices in Road Safety, Data Management, Climate Change and Governance." Id. at 12. Steps taken to further this goal include an SATPP survey of road safety in twenty African nations with recommendations, assistance in policy development in select nations, and participation in the African Road Safety Congress. Id. at 21- 23. In 2007, SSATP disbursed slightly over $300,000 to road safety policy development and a little over $100,000 to the Africa Road Safety Conference. Id. at 74. This is just under 11% of all disbursements made during 2007. Cf. id. at 74-75 (providing total annual budget by line item). Although this is a significant portion of the SSATP budget, it is less than half of one percent of what is needed for annual maintenance of African roads. Cf. id. at 1 (explaining $800 million needed for annual maintenance).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT). Tutu Renews Call, supra note 13.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .WORLD HEALTH ORG. & WORLD BANK, WORLD REPORT ON ROAD TRAFFIC INJURY PREVENTION 87 (2004), available at publications/road_traffic/world_report/en/ index.html [hereinafter WORLD REPORT]. In Kenya, for example, there are 145 dangerous locations on the main rural road network alone, according to national statistics. Id.; see also Kenya Police, Accident Blackspots in Kenya, (last visited Apr. 10, 2009) (listing highest risk roadways in each of Kenya's eight provinces). Another problem is that the roads are not meant to accommodate motorized vehicles, but rather made for foot traffic and human-powered vehicles. Cf. REPUBLIC OF GHANA MINISTRY OF TRANSP. & GHANA STATISTICAL SERVICE, STATISTICAL AND ANALYTICAL REPORT: 2000-2008, 28 (2008) (graphically depicting that in Ghana from 2000 to 2007, national road network more than eighty percent unpaved).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See MAKE ROADS SAFE REPORT, supra note 2, at 20 (discussing effective road safety actions); WORLD REPORT, supra note 58, at 115 (suggesting measures which could minimize fatalities). Ghana has fatality rates thirty to forty times higher than industrialized countries. MAKE ROADS SAFE REPORT, supra note 2, at 20; WORLD REPORT, supra note 58, at 115. Ghana in particular suffers from high speeds, so the government put in speed bumps and rumble strips in particularly dangerous locations. MAKE ROADS SAFE REPORT, supra note 2, at 20; WORLD REPORT, supra note 58, at 115. Between January 2000 when rumbles strips were installed and April 2001, accidents dropped 35 percent, fatalities dropped 55 percent, and serious injuries dropped 76 percent. MAKE ROADS SAFE REPORT, supra note 2, at 20; WORLD REPORT, supra note 58, at 115.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .WORLD REPORT, supra note 58, at 86; see also MAKE ROADS SAFE REPORT, supra note 2, at 11 (stating toleration of risk greater when risk is not apparent).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT .See WORLD REPORT, supra note 58, at 115 (suggesting factors of improvements that contribute to ease of use).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .WORLD REPORT, supra note 58, at 110.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See WORLD ROAD ASSOCIATION (PIARC), ROAD ACCIDENT INVESTIGATION GUIDELINES FOR ROAD ENGINEERS passim (2007), available at (providing standards for investigating accident scenes, recording, evaluating, categorizing, and applying information to improve infrastructure).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. U.S. Department of State, Road Safety Overseas, safety_1179.html (last visited Apr. 10, 2009) (providing resources to citizens on international driving and individual state safety statistics); SOUTH AFRICA STRATEGY, supra note 43, at 14 (stating ninety-five percent of all road traffic accidents in South Africa direct result of traffic violations). The South African Department of Transport admits that South Africa is "a non-compliant society, with high levels of violence and crime. Logic tells us that it would thus be unusual and surprising if people who break laws were compliant in one area of their lives, i.e. on the road." Id. at 26. Drivers in Rwanda, particularly taxi drivers, have established an elaborate language of finger signals to tell oncoming drivers the location of police officers in order to avert the oncoming driver from being pulled over for speeding or other traffic violations. Stephen, supra note 28. These signals are used to continue reckless driving practices, many resulting in accidents, if not speeding tickets. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See SOUTH AFRICA STRATEGY, supra note 43, passim (noting current challenges of rule of law and safety in South Africa). Of course, there are examples of effective law enforcement as well.

Cf. Gideon M. Kibunjah, Traffic Incident Involving World Bank Country Director, Mr. Collin Bruce, KENYA POLICE NEWS, Aug. 11, 2006, (describing event where Kenyan police enforced regulations). On August 10, 2006, Colin Bruce, the World Bank Director for Kenya, was pulled over when his driver was going more than twice the legal speed. Id. When police took action, Mr. Bruce, according to the Kenya Police press release, got out of the car, insulted the police, said the issuance of the ticket was corrupt, and incited other motorists not to pay their fine. Id. Laudably, the police noted "[t]he enforcement of traffic laws is a universal requirement applicable as much in Kenya as in [Mr. Bruce's] country. The Kenya Police Force does not enforce the law as a public relations exercise but as an obligatory legal requirement." Id. This situation suggests some individuals in power and other individuals who should know better may take advantage of the roads for their own convenience without regard to laws and the safety of others. Cf. id. (suggesting Bruce used his official position to get out of ticket).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Ameratunga, Hijar & Norton, supra note 30, at 1537.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .The Republic of Ghana, Ministry of Transp. Homepage, (last visited Mar. 24, 2009). Hosting international sporting events tends to spur African countries on to ensuring modern road practices. SOUTH AFRICA STRATEGY, supra note 43, at 7 (stating South Africa must improve road safety for 2010 FIFA World Cup "to leave a lasting legacy"); Edmond Gyebi 75 Percent of Ghanaian Commercial Drivers, GHANAIAN CHRONICLE, May 11, 2007 (explaining mandatory special training for public transit drivers to enhance image of Ghana during CAN 2008 tournament). For the Ashanti Region of Ghana, which hosted the three-week-long African Cup of Nations soccer tournament, there were 10 fatal accidents, 35 serious accidents, and 37 minor accidents. Issah Alhassan, 20 Died Through Road Accidents During CAN 2008, GHANAIAN CHRONICLE, Mar. 17, 2008. The Ashanti Regional Commander of the Motor Traffic and Transport Unit of the Ghana Police Service said the "accident-free campaign" for the tournament was a success, despite 91 reported accidents. See id. (quoting regional commander).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See The Republic of Ghana, Ministry of Transp., Draft Road Traffic Regulations, (2006) available at file/ROAD_TRAFFIC_REGULATIONS2006_DRAFT.pdf [hereinafter Ghana's Draft Rules] (setting out proposed road traffic regulations for Ghana). This nearly one hundred page document is segmented into seven parts covering the registration, licensing, construction and use of vehicles, special regulations for commercial vehicles and international vehicles, and road use regulations for non-motorized traffic, such as pedestrians, hand and animal drawn carts, and bicycles. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See SOUTH AFRICA STRATEGY, supra note 43, at 26. The South African government knows that their own levels of enforcement "are totally inadequate." Id. Police are too few in number, they do not consider traffic violations to be crimes, they are not supplied with necessary enforcement equipment, and they lack the requisite commitment and productivity. Id. Furthermore, only 17% of traffic violation fines are paid in South Africa. Id. Despite this low rate of payment, the public sees traffic enforcement as a "cash cow" and therefore the public disrespects enforcement officials and the law. Id. In Nigeria, 90% of road accidents are caused by drivers with government licenses that were received after presenting fake vehicle insurance certificates. Chika Otuchikere, Government Blamed for Most Road Traffic Accidents, LEADERSHIP, Feb. 14, 2008.

A major contributor to road fatalities is truck drivers. See supra note 16 (noting extent of injuries inflicted by truck drivers in South Africa in a single week). Yet, in South Africa, truckers have pushed to increase speed limits for their vehicles from 80 kph to 100 kph. Schmidt, supra note 16, at 6. This is particularly dangerous when South Africa already permits the largest heavy road vehicles in the world. Id. Even worse, approximately 20% of these vehicles are overloaded even by South African standards, 30% of truckers get less than 4 hours of sleep a day, and they work an average of 93 hours a week (a full 22 hours longer than South Africa's regulations permit truckers to work). Id. For a report on service and transport driver statistics in Ghana, see Ghana National Road Safety Commission, Commercial Driver Study, passim, doc/COMMERCIAL%20DRIVER%20STUDY.pdf (last visited May 19, 2009)

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. Gyebi, supra note 68 (claiming 75% of commercial drivers uneducated or unable to read, write, or speak another language necessary for understanding vehicle manuals).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Dahl, supra note 16, at A630; Jaja, supra note 40 (stating most professional drivers illiterate or semi-literate, leading to road risks). In 2008, in an attempt to remedy the problems caused by illiterate drivers, Ghana instituted a policy requiring an individual have a basic education or a Basic Education Certificate in order to receive a driver's license. Jaja, supra note 40.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See SOUTH AFRICA STRATEGY, supra note 43, at 27 (stating "fraud and corruption is rife throughout the industry" including licensing, enforcement, and public transport licensing); cf. MAKE ROADS SAFE REPORT, supra note 2, at 11 (discussing effect of corruption on road safety laws, vehicle testing, and road use). An additional problem is that law abiding citizens can be penalized under the law. See Uganda Road Fund FAQ, FAQs.htm (last visited Apr. 10, 2009) (regretting law abiding citizens burdened by change in law to accommodate enforcement problems). For example, Uganda abolished licensing fees effective July 1, 2007. Id. Because of this, the government decided that all individuals in arrears of their fees due by that time would be forgiven. Id. However, those individuals who had paid beyond the date of the abolition were not reimbursed. Id. The government's response was that "[i]t is not possible to refund because we do not have a framework to do so. It would be very difficult and cumbersome. It is unfortunate that our very dedicated and compliant tax payers have been penalized. We sincerely apologize for it." Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. Weernink, supra note 16 (noting preventing fatality initial safety goal and reducing injury and preventing accidents next goals).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Lagarde, supra note 36, at 968. In Nigeria, emergency vehicles are not posted on or near highways, so it takes an unnecessarily long time to reach the scene of the accident and bring victims to the hospital. Bonny Amadi, Giving Succour to Accident Victims DAILY CHAMPION Jul. 31, 2007. Unfortunately, many of the individuals who were not dead at the time emergency crews arrived die before anyone notices they need medical help, or emergency crews mistakenly believe the victims are already dead. Id. Often, badly injured victims in vehicle accidents are taken straight to the morgue without being certified as dead, resulting in many people "com[ing] back to life right inside the mortuary." Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. id. See generally WORLD HEALTH ORG., PREHOSPITAL TRAUMA CARE SYSTEMS (2005), available at http://www/ publications/services/39162_oms_news.pdf (scrutinizing prehospital care in developing nations and identifying skills, supplies, and systems necessary to maximize survival).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lagarde, supra note 36, at 968; see Fuad Mubarak Al-Hinai, Request For the Inclusion of an Additional Item in the Agenda, Annex I(1), U.N. Doc. A/57/235 (Feb. 13, 2003) [hereinafter Al- Hinai Request] (stating developing countries have little or no public health leadership to prevent accidents or control accident consequences).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Dahl, supra note 16, at A630-31. The Global Road Safety Partnership is hoping to prevent fatalities and ease the burdens of injuries caused by road accidents by assisting in emergency response care in Ghana. GRSP 2008 ANNUAL REPORT, supra note 19, at 8. GRSP is working on categorizing emergency calls, coordinating response strategies, and developing a first-aid system and training manual. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 6.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. id. (stating traffic victims use half of beds in surgical wards in some developing countries). Ironically, road accidents also claim the lives of medical professionals, further decreasing medical resources. These Needless Road Traffic Accidents PUBLIC AGENDA (Feb. 23, 2009) (reporting anniversary of death of three doctors in road accident in Ghana).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part III.A-G (providing highlights of several major movements). The organizations discussed are distinct bodies, yet often are founders, supporters, or members of each other. Compare Global Rd. Safety P'ship, Members, (click on "Links" at left, click on "GRSP Members") (last visited Apr. 11, 2009) (stating WHO, UNECE, FIA Foundation, World Bank, U.S. National Highway Traffic Safety Administration members of GRSP) with World Health Org., UN Rd. Safety Collaboration Partners, about/partners/en/index.html (last visited Apr. 5, 2009) (stating UNECE, World Bank, FIA Foundation, GRSP members of WHO).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. MAKE ROADS SAFE REPORT, supra note 2, at 24 (outlining first international cooperation on road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .MAKE ROADS SAFE REPORT, supra note 2, at 24.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. at 24, 26.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Convention on Road Signs and Signals, Nov. 8, 1968, 1091 U.N.T.S. 3 [hereinafter 1968 Signs Convention]; Convention on Road Traffic, Nov. 8, 1968, 17 U.N.T.S. 1042 [hereinafter 1968 Traffic Convention]. The 1968 Signs Convention terminated the obligations of signatories to both this Convention and its 1949 predecessor. See 1968 Signs Convention, supra note 86, art. 40 (citing two treaties terminated and replaced by the 1968 Signs Convention); Protocol on Road Signs and Signals, Sept. 19, 1949, 182 U.N.T.S. 229 [hereinafter 1949 Signs Protocol] (providing text of predecessor convention on road signs and signals). Of all African nations, Egypt, Niger, Rwanda, and Uganda are parties to the 1949 Signs Protocol, and the Central African Republic, Cote d'Ivoire, the Democratic Republic of the Congo, Liberia, Morocco, Senegal, Seychelles, Tunisia are parties to the 1968 Signs Convention. See United Nations Treaty Convention,

Multilateral Treaties Deposited with the Secretary-General, chapter XI(B)(3), available at [hereinafter, Multilateral Treaties] (providing information on participants of the 1949 Convention on Road Signs and Signals); id. chapter XI(B)(20) (providing information on participants of the 1968 Signs Convention). Senegal and Tunisia acceded to both; therefore, they are bound by the 1968 Signs Convention. See id. chapter XI(B)(20). Ghana signed the 1968 Signs Convention but did not ratify it, so is not a contracting party. See id. chapter XI(B)(20) (providing information on Ghana's signature of 1968 Signs Convention); Smith, supra note 23, at 14 (explaining why Ghana not a contracting party).

Similarly, the 1968 Traffic Convention has a predecessor, the 1949 Convention on Road Traffic. See Convention on Road Traffic, Sept 19, 1949, 3 U.S.T. 3008, 125 U.N.T.S. 3 [hereinafter 1949 Traffic Convention] (providing text of predecessor Convention); 1968 Traffic Convention, supra note 87, art. 48 (citing several prior treaties terminated and replaced by 1968 Traffic Convention). Algeria, Botswana, Congo, Egypt, Lesotho, Madagascar, Malawi, Namibia, Rwanda, Sierra Leone, Togo, and Uganda are all parties to the 1949 Traffic Convention. Multilateral Treaties, supra note 87, chapter XI(B)(1). The Central African Republic, Cote d'Ivoire, Democratic Republic of the Congo, Liberia, Morocco, Niger, Senegal, Seychelles, South Africa, Tunisia, and Zimbabwe are parties to the 1968 Traffic Convention. Id. chapter XI(B) (19). Of those, all but Liberia and Seychelles had also signed the 1949 Traffic Convention. Compare id. with id. at chapter XI(B)(1). Ghana signed the 1968 Traffic Convention but did not ratify it, so is not a contracting party. See id. chapter XI(B)(19) (providing information on Ghana's signature of 1968 Traffic Convention); Smith, supra note 23, at 14 (explaining why Ghana not a contracting party). This paper will focus on the text of the 1968 Conventions because they replaced the 1949 Conventions for mutual signatories, have more modern application, and the UN recommends developing nations adopt the recommendations of the 1968 Conventions. See supra; infra note 99 (quoting UN documents encouraging developing nations adopt 1968 Conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .1968 Traffic Convention, supra note 87, pmbl. The purpose focuses on ease and safety of international travel for economic, transport, and trade purposes rather than on domestic road safety. See id. (describing desire to ease international road safety concerns). While comprehensive for these purposes, "[c]onventions are not a panacea." Smith, supra note 23, at 5. In addition to subscribing to the Conventions, countries must identify the extent of their unique problems, have strong political support to address the issue properly, and enforce the Conventions and resulting domestic regulations. See Smith, supra note 23, at 5 (explaining Conventions are just one component to a comprehensive solution).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .1968 Traffic Convention, supra note 87, passim.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .1968 Traffic Convention, supra note 87, at art. 1.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. art. 3(1)(a). Article 4 includes agreements of parties not also parties to the Convention on Road Signs and Signals, but all African nations party to the Convention on Road Traffic are also party to the Convention on Road Signs and Signals. Id. art. 4; see infra note 99 (listing all African countries party to each of the Vienna Conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See 1968 Traffic Convention, supra note 87, chapter 2. Specifically, the Convention addresses the highest weight of authority granted to road signs and traffic lights even where other traffic regulations seem to contradict them, traffic instructions given by an official and what his or her hand signals shall mean, requirements of drivers, the position, movement and passing of vehicles in the road, speed, what to do at intersections, use of tunnels, rules for handicapped individuals, rules for bicycles, mopeds and motorcycles, when and how to use a horn or lights to communicate warnings, loading, stopping and standing vehicles, and other specific rules. Id. It is appropriate that the convention also deals with flocks and herds using roadways and it recommends domestic legislation provides that flocks and herds be divided into sections so that traffic may maneuver around the animals. Id. at art. 9.

Articles 20 and 21 deal with rules pedestrians must follow, and rules drivers must follow when dealing with pedestrians. See id. at arts. 20-21 (outlining rules applicable to pedestrians and drivers' behavior towards them). Pedestrians are required to use sidewalks if they exist, with a few exceptions. Id. at art. 20(2). Where such a sidewalk does not exist, they may use cycle lanes and then traffic lanes, but may not obstruct traffic and must walk close to the edge of the lane. Id. at art. 20(3), (4). It recommends domestic legislation requiring pedestrians to walk facing traffic and cyclists to ride with traffic. Id. at art. 20(5). Pedestrians must appropriately use cross walks. Id. at art. 20(6)(a). If not available, pedestrians must cross the road after ensuring they will not impede vehicle traffic. Id. at art. 20(6)(c). Despite these rules, parties are free not to enforce the provisions of Article 20 unless doing so would be dangerous or would obstruct vehicular traffic. Id. at art. 20(1). Drivers are required to avoid behavior likely to endanger pedestrians, must follow signs at cross walks and drive slowly where they see a pedestrian attempting to cross the street, and must slow down and stop to allow passengers to get on and off of public transportation. Id. at art. 21 (1), (2), (4).

Article 31 deals with what to do in case of an accident. Id. at art. 31. When involved in an accident, the driver must stop as soon as safely possible, preserve the scene of the accident, ensure traffic safety at the site of the accident, identify him or herself, notify the police if someone has been injured or killed, and remain on the scene. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. chapters III, IV, V, VI. Annexes include exceptions to the obligation of admitting international vehicles, information required for domestic and international driving permits, and technical requirements of motor vehicles. Id. at Annex 1, 5, 7. There are only a few regulations concerning public transportation. See id. at art. 15 (recommending laws that drivers slow down for public transport vehicles), art. 21(4) (requiring cars to stop for passengers boarding or exiting public transportation), art. 48 (stating regulation for public transportation equipped with horn or audible warning devices). The Convention also provides several recommendations that domestic legislation be created to change or supplement the Convention rules. See id. arts. 6(3), 7(2), 8(2), 9, 15, 20(5), 23(5), 35(4) (recommending domestic legislation to supplement Convention regulation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .1968 Signs Convention, supra note 87, pmbl.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. art. 3. There is no exception or time extension for signs that are working sufficiently well in maintaining traffic safety within the contracting nation. See id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. art. 5 (providing basic definitions of types of signs); id. Annex 1, 3 (providing comprehensive list of prescribed road signs of all categories); id. art. 9 (stating regulations for danger warning signs); id. art 10 (stating regulations for priority signs); id. art 13 (stating regulations for special regulation signs); id. arts. 14-22 (stating regulations for informative signs); id. art. 8(3-5) (stating non- symbol signs must be in at least one national language); id. art. 8(1) (stating purpose of symbols is to facilitate international understanding of signs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. arts. 23-24.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. chapters IV, V. An official from the Transport Division of the UN Economic Commission for Europe summarizes the responsibilities of contracting parties to the 1968 Conventions as ensuring road rules are enforced, ensuring minimum technical requirements of vehicles, requiring the admittance of international vehicles that conform to regulations on to domestic roads, ensuring road safety education is provided, ensuring domestic legislation has minimum standards for driver testing and instructor qualifications, requiring communication with other contracting parties where infringements which might lead to penalties or disqualifications occur, and ensuring adequate road signs. Smith, supra note 23, at 17. In addition to these requirements, the Convention also provides several recommendations that domestic legislation be created to change or supplement the convention rules. See, e.g. 1968 Signs Convention, supra note 87, arts. 6(4), 7(1), 23(3)(c), 29(4), 30.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 87 (providing information on the African signatories of the Conventions). In addition, many African nations have signed treaties among themselves that include a clause promising to ratify or accede to both conventions. See Treaty for the Establishment of the Economic Community of Central African States, Annex XI, art. 3(a), Oct. 19, 1983, 23 I.L.M. 945 (indicating signatories agree to ratify or accede to conventions and take steps necessary to implement them); Eastern and Southern African States: Treaty for the Establishment of a Preferential Trade Area, Annex VII, art. 3(a), Dec. 21, 1981, 21 I.L.M. 479 (indicating signatories agree to ratify or accede to the conventions take steps necessary to implement them). Between these two treaties, twenty African states agreed to ratify or accede to the conventions, including Angola, Burundi, Cameroon, Central African Republic, Chad, Comoros, Congo, Djibouti, Equatorial Guinea, Ethiopia, Gabon, Kenya, Malawi, Mauritius, Rwanda, Sao Tome and Principe, Somalia, Uganda, Zaire (now Democratic Republic of the Congo), and Zambia. See Treaty for the Establishment of the Economic Community of Central African States, Annex XI, art. 3(a), Oct. 19, 1983, 23 I.L.M. 945; Eastern and Southern African States: Treaty for the Establishment of a Preferential Trade Area, Annex VII, art. 3(a), Dec. 21, 1981, 21 I.L.M. 479. Both treaties, however, were made in contemplation of more efficient freight travel rather than the creation of safer roads, as is easily noticed by the titles of the two treaties. Treaty for the Establishment of the Economic Community of Central African States, Annex XI, art. 3(a), Oct. 19, 1983, 23 I.L.M. 945; Eastern and Southern African States: Treaty for the Establishment of a Preferential Trade Area, Annex VII, art. 3(a), Dec. 21, 1981, 21 I.L.M. 479. Of all of the nations which have promised to ratify the treaty, only the Central African Republic and the Democratic Republic of the Congo actually have. Compare Treaty for the Establishment of the Economic Community of Central African States, Annex XI, art. 3(a), Oct. 19, 1983, 23 I.L.M. 945; Eastern and Southern African States: Treaty for the Establishment of a Preferential Trade Area, Annex VII, art. 3(a), Dec. 21, 1981, 21 I.L.M. 479 with Multilateral Treaties supra note 87, chapter XI(B)(1), (3).

Developing nations are encouraged by the UN to adhere to the Conventions, and such adherence is seen as the means by which to ensure domestic road safety. See Progress on Resolution, supra note 19, [paragraph] 37(h) ("encourage[ing] Member States to become parties to the Conventions ... and to bring their national legislation into conformity with those conventions in order to ensure a high level of road safety in their countries") (emphasis added); Ban Ki-Moon, Note by the Secretary-General, Improving Global Road Safety, [paragraph] 40(f) U.N. Doc. A/62/257 (Aug. 14, 2007) [hereinafter Note on Improving Safety] ("encourage[ing] Member States that have not yet done so to adhere to the Convention[s] ... and to implement them as key strategies for improving road safety in their countries") (emphasis added); G.A. Res. 60/5, [paragraph] 5, U.N. Doc. A/RES/60/5 (Dec. 1, 2005) ("encourage[ing] Member States to adhere to the [Conventions] in order to ensure a high level of road safety in their countries") (emphasis added). African sponsors of UN General Assembly Resolution A/60/5 are Algeria, Comoros, Djibouti, Egypt, Gambia, Guinea-Bissau, Libya, Madagascar, Morocco, Nigeria, Senegal, South Africa, Sudan, Tunisia, and Zambia. See Gen. Assembly, Draft Resolution, Global Road Safety Crisis, 60th Sess. U.N. Docs. A/60/L.8 (Oct. 21, 2005); A/60/L.8/Add.1 (Oct. 26, 2005) (listing sponsors of draft resolution).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra Part III.B (discussing regional efforts).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SADC, SADC Profile, (last visited Apr. 13, 2009).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Protocol on Transport, Communications and Meteorology, Aug. 24, 1996, available at http:// [hereinafter SADC Protocol]. Parties to the SADC Protocol include Angola, Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe, which are all of the member nations to SADC except for the Democratic Republic of Congo and Madagascar. Id. pmbl.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. pmbl.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See e.g. id. art. 4.4 (stating members will establish national roads authorities); id. arts. 4.4-4.5 (stating members will establish domestic and regional road funding policies); id. art. 6.2 (stating members will develop a harmonized regional road traffic policy); id. arts. 6.3-6.4 (stating members will develop and implement harmonized vehicle fitness and safety standards); id. arts. 6.6-6.7 (stating members will create standards for loads on vehicles); id. arts. 6.9-6.10 (stating members will develop standards for training and testing drivers and administering driving licenses); id. arts. 6.11 (stating members will cooperate in creating and implementing minimum standards for traffic signs, road rules, speed limits, driving signals, and driving hours). All of the articles mandate that member states shall create legislation in domestic or regional cooperation addressing the particular issues, but do not give specifics as to what the regulations will be. See arts. 3-6 (providing objectives without providing specifics of implementation). But see SADC, ROAD TRAFFIC SIGNS MANUAL (3d ed., 1999) available at library/index.html (click on "Legislation, Road Traffic") [hereinafter SADC SIGN MANUAL] (providing SADC suggestions on specific road signs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SADC Protocol, supra note 102, at arts. 5.9, 6.13.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. pmbl. (stating members are bound to implement the protocol); id. art. 14.6 (addressing non-compliance with protocol).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SADC SIGN MANUAL, supra note 104. The manual is based on the 1994 edition of the South African Road Traffic Signs Manual and was approved by the South Africa Transport and Communications Commission in 1999. Id. The fifteen member states of SADC are Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. SADC, homepage, (last visited Apr. 13, 2009). The SADC manual is based on The African Road Traffic Signs Manual and the Southern Africa Transport and Communications Commission (SATCC) Road Traffic Signs Manual. SADC SIGN MANUAL supra note 104. South Africa volunteered to harmonize these two manuals that, while conforming to European standards, addressed the unique needs of southern African travel. Id. The manual has four volumes, three of which are complete and in use in South Africa. Id. Volume 1 deals with sign policies and design principles, Volume 2 deals with the application of signs and signals for specific areas of traffic needs, Volume 3, which has yet to be completed, will provide detail on the selection, installation, operation, and control of traffic signals, and Volume 4 gives complete dimensional details and drawings of the prescribed signs, markings, and signals. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .SADC SIGN MANUAL supra note 104, preface.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare Al-Hinai Request, supra note 77, Annex I(1) (first raising issue of road safety in United Nations in 2003) with Prevention of Traffic Accidents, W.H.A. Doc. 19/36 (May 20, 1966) (first discussing issue of road safety in World Health Assembly in 1966). Other WHA documents discussing the issue of road safety include: W.H.A. Executive Board 43/R22 (Feb. 25, 1969); W.H.A. 27/59 (May 23, 1974); W.H.A. Executive Board 57/R30 (Jan. 27, 1976); W.H.A. 57/10 (May 22, 2004). In 2001, WHO made a five year strategy for road traffic injury prevention. MAKE ROADS SAFE REPORT, supra note 2, at 31. Despite WHO's long history of addressing road safety, "over the decades WHO involvement in this area has been sporadic and unsustained, largely because of a lack of personnel but also because of poor doctor response to the situation." Al-Hinai Request, supra note 77, Annex I(1). However, WHO was not the first organization to recognize the importance of roads in Africa. Cf. Williams, supra note 18, at 38. The World Bank's first loan to Africa in 1950 was for road rehabilitation in Ethiopia. Id. Road rehabilitation, however, is focused more on trade efficiency than on travel safety. See MAKE ROADS SAFE REPORT, supra note 2, at 31. The International Federation of Red Cross and Red Crescent Societies (IFRC) is another example of an international organization addressing road safety well before the UN. Id. IFRC included in its 1998 World Disasters Report that "road crashes are a worsening global disaster destroying lives and livelihoods, hampering development and leaving millions in greater vulnerability." Id. One year later, in 1999, the World Bank initiated the Global Road Safety Partnership (GRSP) that brings together business, civil society, and governments to limit the number of crashes in developing countries. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .L.G. NORMAN, ROAD TRAFFIC ACCIDENTS: EPIDEMIOLOGY, CONTROL, AND PREVENTION (1962). This publication focused on fatalities and corresponding statistics in more developed nations particularly in Northern America and Europe, with a few Asian, African and South American factoids. See id. passim.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .WORLD REPORT, supra note 58.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. at 3 (highlighting problem getting worse, and attention given to other health issues should also be given to road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. passim. Specifically, the recommendations were to:

1. Identify a lead agency in government to guide the national road traffic safety effort....

2. Assess the problem, policies and institutional setting relating to road traffic injury and the capacity for road traffic injury prevention in each country....

3. Prepare a national road safety strategy and plan of action....

4. Allocate financial and human resources to address the problem....

5. Implement specific actions to prevent road traffic crashes, minimize injuries and their consequences and evaluate the impact of these actions.

Id. at 160-62. The report also notes that in low and middle income countries, the report recommendations are not easily implemented without outside assistance, and financial and human resources must be allocated to road safety to effectively lower the fatality rate. Id. at 160, 162. WHO and World Bank recommended that international bodies and NGOs assist such countries in reducing road accidents. Id. at 160.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See generally Al-Hinai Request, supra note 77 (introducing road safety issues to United Nations agenda for first time).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. Annex I, II.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare Al-Hinai Request, supra note 77, addendum (proposing draft resolution) with G.A. Res. 57/309, U.N. Doc. A/RES/57/309 (May 29, 2003) (adopting majority of draft resolution). The General Assembly adopted the draft resolution word for word, omitting only the clause which states "[n]oting that certain developing countries lack the economic resources necessary for road safety, which results in increased road deaths and related injuries." Compare Al-Hinai Request, supra note 77, pmbl. (providing quoted text) with G.A. Res. 57/309, U.N. Doc. A/RES/57/309 (May 29, 2003) (failing to include quoted text).

Failure to accept this language conspicuously rejected part of the World Report recommendations where WHO states that:

   [i]n certain low-income and middle-income countries with limited
   human and financial resources, it may be difficult for governments
   to apply some of these recommendations on their own. In these
   circumstances, it is suggested that countries work with
   international or nongovernmental organizations or other partners to
   implement the recommendations.

WORLD REPORT, supra note 58, at 160. An in depth discussion of the contents of each of these subsequent resolutions is beyond the scope of this note. Subsequent U.N. resolutions are G.A. Res. 62/244, U.N. Doc. A/RES/62/244 (Apr. 25, 2008); G.A. Res. 57/309, supra ; G.A. Res. 58/9, U.N. Doc. A/RES/58/9 (Nov. 19, 2003); G.A. Res. 58/289, U.N. Doc. A/RES/58/289 (May 11, 2004); G.A. Res. 58/316, supra note 6; G.A. Res. 60/5, supra note 99. Reports by the Secretary General on the issue, most of which encourage developing nations to adopt the Vienna Conventions, include: The Secretary- General, Note by the Secretary-General on the Global Road Safety Crisis: Progress On The Implementation Of General Assembly Resolution 58/289, U.N. Doc. A/60/181, [paragraph] 37(h) (Aug. 1, 2005) ("encourag[ing] member states to become parties"); Corrigendum 1, U.N. Doc. A/60/181/Corr. 1 (Sept. 9, 2005); Corrigendum 2, U.N. Doc. A/60/181/Corr. 2 (2005); Note on Improving Safety, supra note 99, [paragraph] 40(f) ("encouraged Member States ... to adhere to the Convention[s]"). The General Assembly has also encouraged countries to adopt the Conventions. G.A. Res. 62/244, supra note 116, pmbl.; G.A. Res. 60/5, supra note 99, [paragraph] 5 ("encourages Members States to adhere to" Conventions).

Additionally, the Millennium Development Goals (MDGs), which are a list of eight goals that UN member countries have agreed to reach by 2015, arguably might include road safety under the goal of "developing a global partnership for development" because road infrastructure is important to development. See UN Millennium Development Goals, (last visited Apr. 16, 2009); Progress on Resolution, supra note 19, [paragraph] 1 ("Reducing road traffic injuries is important to the successful achievement of several of the Millennium Development Goals, particularly those related to poverty, child mortality reduction, and environmental sustainability"); MAKE ROADS SAFE REPORT, supra note 2, at 2-3 (lamenting road safety not featured in MDGs and totally missing from G8 policies). But see G.A. Res. 60/5, supra note 99, [paragraph] 5 (providing brief encouragement to reduce road traffic injuries and mortality "in order to achieve" the MDGs); Note on Improving Safety, supra note 99, [paragraph] [paragraph] 12-13 (excluding previous Secretary-General recommendation that road safety is essential to MDGs). Even though road safety was not on the UN's agenda in 2000 when the MDGs were developed and thus road safety is not specifically mentioned as a goal, with the new knowledge of the devastating effects road accidents have on the problems effected in the goals, it is problematic that the UN and other organizations refuse to accept road safety's importance in the success of the MDGs in Africa. Cf. MAKE ROADS SAFE REPORT, supra note 2, at 28 (stating MDGs were established before road safety was recognized by UN as major health problem). The UNECA similarly does not discuss road safety within the MDG context and discusses road infrastructure for transport and trade only. ECON. COMM'N FOR AFRICA, THE MILLENNIUM DEVELOPMENT GOALS IN AFRICA: PROGRESS AND CHALLENGES 17 (2005) available at MDGs_in_Africa.pdf. Some suggest that strong-arming international bodies is the best way to get them to appropriately address the issue of road safety:

   [O]ne of the ways you [raise the issue of road safety globally is]
   in the context of human rights or of economic development in one of
   the major committees of the United Nations General Assembly....
   The only way to get it on the agenda internationally is to pummel
   the United Nations into submission.

COMM'N FOR GLOBAL ROAD SAFETY, MAKE ROADS SAFE: THE CAMPAIGN FOR GLOBAL ROAD SAFETY 27 (2007) available at Documents/make_roads_safe_cfgrs_lr.pdf (quoting Stephen Lewis, Chair Stephen Lewis Foundation, Former UN Special Envoy for HIV/AIDS in Africa, Former UNICEF Deputy Executive Director).

The goal of eradicating poverty, for example, would be easier if road fatalities were prevented. MAKE ROADS SAFE REPORT, supra note 2, at 9. Perhaps failure to address road safety as a major factor of MDG success in Africa is one reason why Africa is falling behind benchmarks for all of the MDGs. Cf. MDG AFRICA STEERING GROUP, ACHIEVING THE MILLENNIUM DEVELOPMENT GOALS IN AFRICA 1 (2008) available at %20Recommendations%20-%20English%20-%20HighRes.pdf (stating continent as whole behind in every goal despite economic growth and environmental improvement). For example, a study in India found that many poor families who had a family member killed in a traffic accident were not poor before the accident. MAKE ROADS SAFE REPORT, supra note 2, at 9. This is consistent with findings in Africa, such as that in Kenya, most victims were the primary breadwinners for the family, and their deaths resulted in their household having no source of income. MAKE ROADS SAFE REPORT, supra note 2, at 9.

While the current statistics may be grim, it is absolutely possible for Africa to overcome the burdens of road fatalities and start meeting MDG benchmarks. Cf. MDG AFRICA STEERING GROUP, supra, at 3 (stating rapid progress in MDGs in Africa possible). The many personnel and environmental resources available within Africa, and the willingness of international neighbors to assist, can result in eradicating a preventable epidemic. Cf. id. (providing examples of severe problems overcome in Africa through these resources). However, the MDG Africa Steering Group consistently fails to address road safety in their recommendations. See id. passim (failing to make road safety recommendations). The only cause of road fatalities discussed in this note that are addressed by the Steering Group is road infrastructure in a broader category of assisting African development and trade rather than as a means to end preventable fatalities. See id. at 23, 25, 37. While rightly desiring the eradicating deaths caused by infectious diseases like HIV/AIDS, Malaria, and TB, the MDG Africa Steering Group and similar international organizations consistently overlook the deaths caused by road accidents. Cf. id. at 4 (hoping to provide comprehensive care access and eradicate deaths caused by various infectious diseases but not considering road deaths). In general, infrastructure and its ability to end poverty through facilitation of trade, is the only connection being drawn by NGOs between the MDGs and roads. Cf. SSATP 2007 ANNUAL REPORT, supra note 54, at 18- 20 (noting NGO analysis papers of MDGs focus on transportation's poverty reduction impact).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .G.A. Res. 60/5, supra note 99, [paragraph] 7. Unfortunately, the only African nation to participate in this day of remembrance was South Africa. U.N. Doc. A/60/181, supra note 99. In total, only eight countries around the world participated. Id. The World Report was very influential to the UN's actions, and is cited throughout UN documents on this issue. See, e.g., G.A. Res. 62/244, supra note 116, [paragraph] 7; G.A. Res. 58/289, supra note 116, pmbl.; Progress on Resolution, supra note 19, [paragraph] 37(g); Note on Improving Safety, supra note 99, [paragraph] 40(d); G.A. Res. 60/5, supra note 99, [paragraph] 7; G.A. Res. 58/9, supra note 116, [paragraph] 1.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. United Nations General Assembly, Documents by Agenda Item, (follow "Economic Growth and Sustainable Development," then "46 Global Road Safety Crisis") (last visited Apr. 13, 2009) (listing only Secretary- General report dated for regular session).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .General Assembly Draft Resolution 62/L.43, U.N. Doc. No. A/62/L.43 (Mar. 26, 2008); Addendum, General Assembly, U.N. Doc. No. A/62/L.43/Add.1 (March 31, 2008); G.A. Res. 62/244, supra note 116.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .G.A. Res. 62/244, supra note 116, [paragraph] 7.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See id. passim (discussing steps taken to meet road safety needs of different countries).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See G.A. Res. 58/289, supra note 116, [paragraph] 2 (noting UN's invitation to WHO to act as road safety coordinator in UN system); see also About the UN Road Safety Collaboration (last visited Apr. 5, 2009); Progress on Resolution, supra note 19, [paragraph] 32 (stating UN Road Safety Collaboration to ensure no overlap in targeted funding and projects). This request by the UN for WHO coordinate road safety efforts was unfunded. See G.A. Res. 58/289, supra note 116, passim (lacking provisions for funding); Progress on Resolution, supra note 19, [paragraph] [paragraph] 22-23 (stating UN resolution unfunded).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .About the UN Road Safety Collaboration (last visited Apr. 3, 2009). For a list of initial partners of the Road Safety Collaboration along with profiles see World Health Org., United Nations Road Safety Collaboration: A Handbook of Partner Profiles (2005) available at; UN Road Safety Collaboration Partners available at partners/en/index.html (last visited Apr. 13, 2009). Partners represent public and private sectors in the health, transport, and safety fields. See id. (providing information about partners); see also Progress on Resolution, supra note 19, [paragraph] 35 ("the task of coordinating such a group is large and requires the investment of appropriate human and financial resources"). Despite the need for such resources, there are no more than ten full time staff in all relevant international bodies who address road safety. MAKE ROADS SAFE REPORT, supra note 2, at 29.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Progress on Resolution, supra note 19, [paragraph] 11. But see Robert Tama Lisinge, Gearing Up Efforts to Promote Road Safety in Africa, SUB-SAHARAN INFORMER, Apr. 20, 2007 (stating not every stakeholder represented); Progress on Resolution, supra note 19, [paragraph] 31 (noting what has been done so far "only preliminary steps and much remains to be done").

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Progress on Resolution, supra note 19, [paragraph] [paragraph] 11, 13.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Id. at [paragraph] 16. These manuals were written in conjunction with the World Bank, WHO, the Global Road Safety Partnership, and the Foundation for the Automobile and Society (FIA). Id. Manuals include information on speeding, drinking and driving, seatbelts and child harnesses, helmet use, traffic and injury data collection, and creating a national road safety agency. Id. Despite progress being made, organizations recognize that these are only preliminary steps. WORLD REPORT, supra note 58, at 3; Progress on Resolution, supra note 19, [paragraph] 31; Note on Improving Safety, supra note 99, [paragraph] 32.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Overview of the ECA, (follow "about ECA," then "Overview of ECA") (last visited Mar. 27, 2009); see also ECA Member States,, (follow "about ECA," then "Member States") (last visited Mar. 27, 2009) (providing list of members of ECA).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See Lisinge, supra note 124 (noting first act of ECA was to establish the African Road Safety Congress in 1984); Sub-Saharan Africa Transport Policy Program, 2007 African Road Safety Conference in Accra, Ghana, available at COUNTRIES/AFRICAEXT/EXTAFRREGTOPTRA/EXTAFRSUB SAH TRA/0,,contentMDK:21362436~menuPK:3856731~page PK:64168445~piPK:64168309~theSiteP K:1513930,00.html (last visited Apr. 13, 2009) (reporting discussion of road safety at 2007 annual meeting with GRSP present). But see MAKE ROADS SAFE REPORT, supra note 2, at 26 (stating regional commissions do not have adequate resources to effectively address road safety concerns); id. (regional meetings of transport ministers focus on integration and infrastructure rather than road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lisinge, supra note 124.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lisinge, supra note 124. But cf. ECON. COMM'N FOR AFRICA, THE MILLENNIUM DEV. GOALS IN AFRICA: PROGRESS AND CHALLENGES 17 (2005) available at (failing to mention road safety when considering MDGs in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Lisinge, supra note 124.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Econ. Comm'n for Africa & WHO, Accra Declaration (Feb. 8, 2007), available at nrid/docs/accra_declaration.pdf. The Ministers resolved to:

1. Work together to stop the growing epidemic of deaths and injuries on our roads.

2. Promote road safety as a health, transportation, law enforcement, education, and development priority for our nations.

3. Set and achieve measurable national targets for road safety and traffic- injury prevention in all Member States to contribute to the achievement of Africa's overall targets to reduce accidents [sic] fatalities by half in 2015. In this regard, Member States should designate a lead agency, with legal backing and adequate and sustainable financial resources, to ensure the achievement of the targets.

4. Take necessary steps to source sustainable funding for development and management of transport infrastructure and services and work with multilateral and bilateral donors to develop road safety projects and programmes to build national road safety management capacity.

5. Strengthen pre-hospital and emergency services in order to provide timely and appropriate care to road traffic-injured patients to minimize their effects and long-term disability.

6. Mainstream road safety into new and existing road infrastructure development programmes. In this regard, convince governments to devote a percentage of their investment in infrastructure development to road safety programmes.

7. Improve the collection, management and use of data on road deaths and injuries so as to formulate evidence-based policies. In this regard, efforts would be made to address the non-reporting of accidents, and to harmonise data that originate from difference sources.

8. Ensure the enactment and enforcement of laws associated with driving under the influence of alcohol and drugs; inappropriate and excessive speeding; non-use of helmets; driver licensing; road-worthy vehicles; and the use of mobile phones.

9. Implement specific education programmes among drivers with regard to safe driving, particularly with issues associated with speed. In this regard, promote road safety initiatives at the local, municipal and national levels, for children and other road users.

10. Urge African countries to pay special attention to rural transport. In this regard, ensure that adequate resources are provided for studies on rural dimensions of road safety and the implementation of their outcome.

11. Encourage African countries to sign, ratify and adhere to international treaties and conventions such as the Vienna Conventions on road traffic and road signs and signals.


(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See infra notes 134-139 and accompanying text (introducing several private actors). In May 2005, for example, the Global Road Safety Initiative, initiated by Shell, Ford, GM, Honda, Michelin, Renault, and Toyota, began to focus on the issues of road safety and worked on campaigns and safety promotions. MAKE ROADS SAFE REPORT, supra note 2, at 36.

NOTEREF _Ref194065771 \h \* MERGEFORMAT .GRSP Organization, 7.html (last visited Apr. 13, 2009). BPD programs are project-based programs that encourage partnership to study and support developing countries. Id. The World Bank has a fundamental belief that such programs are advantageous because long-term business interests are benefited when a community's social and financial goals are met. Id. GRSP's creation is seen as a new financial resource for road safety programs. MAKE ROADS SAFE REPORT, supra note 2, at 36.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .GRSP Organization, page-organisation- 7.html (last visited Apr. 13, 2009); GRSP, ANNUAL REPORT 2007, 1 (2007) available at pageid=9 [hereinafter GRSP 2007 ANNUAL REPORT] (listing thirty-five contributing members). Familiar public and private organizations that contribute to GRSP include Bridgestone Corporation, BP, Chevron Corporation, DaimlerChrysler AG, Ford, GMC, Honda, International Federation of Red Cross and Red Crescent Societies, Michelin, Shell, Toyota, World Bank, WHO, and the National Highway Traffic Safety Administration (NHTSA) of the United States. Id. at 1. GRSP has established projects in Ghana since 2000, South Africa since 2000, and Namibia since December 2006. Id. at 7-9. Consequently, since GRSP entered these nations, these countries have created domestic legislation and policy review. See id. at 6 (highlighting work done in GRSP African countries). In 2006, the Ghanaian Ministry of Transportation introduced draft road traffic regulations. Ghana's Draft Rules, supra note 69. The regulations address vehicle registration, drivers licenses, use and construction of vehicles, special requirements for commercial vehicles including mass transportation, international convention provisions, traffic other than motor vehicles, and general regulations including speed limits, police officers, accidents, and penalties. Id. passim.

These regulations have yet to be ratified. See The Republic of Ghana, Ministry of Transport, (last visited Apr. 13, 2009) (failing to document implementation of draft regulations); see also The Republic of Ghana, Ministry of Transport, Laws and Regulations, (last visited Apr. 13, 2009) (providing copies of all regulations under which the Ministry of Transport functions excluding 2006 draft regulations). South Africa's department of Transport has also published a National Road Safety Strategy for 2006 Onward (follow "assorted documents," then "National Road Safety Strategy") (last visited Apr. 16, 2009). South Africa also provides copies of traffic regulations and policy papers on their website. Id.

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .GRSP 2007 ANNUAL REPORT, supra note 135, at ii. Once in a country, GRSP has begun "regionalization" of its programs, with a focus on building regional networks and local partnerships to strengthen local GRSP programs and expand implementation capacity at local and regional levels. GRSP, ANNUAL REPORT 2008, 2 (2008) available at [hereinafter GRSP 2008 ANNUAL REPORT].

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .FIA Foundation, Membership, Pages/Membership.aspx (last visited Apr. 13, 2009).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .FIA Foundation, Policies and Programmes, (last visited Apr. 13, 2009).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .FIA Foundation, Objectives, (last visited Apr. 13, 2009).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 and accompanying text (stating Kofi Annan recommends being party to conventions, and General Assembly and Ban Ki-Moon recommend adhering to conventions to improve road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 and accompanying text (stating Kofi Annan recommends being party to conventions, and General Assembly and Ban Ki-Moon recommend adhering to conventions to improve road safety); supra note 103 and accompanying text (recognizing increased road safety likely to bring positive impact upon African infrastructure).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.A (describing purpose of Conventions); supra note 107 and accompanying text (stating SADC Manuel based on the Road Sign Convention).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 88 (claiming Conventions not a panacea); supra note 99 (stating UN believes adherence to Conventions will ensure road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.A (highlighting content of Conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 93 and accompanying text (outlining recommendations of Traffic Convention); supra note 98 and accompanying text (outlining recommendations of Road Sign Convention).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 93, 98 (recognizing Conventions state some regulations need not be enforced, or some regulations are mere suggestions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 88 and accompanying text (describing purpose of the Vienna Conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare supra Part II.B (describing Africa's unique problems) with supra Part III.A (highlighting content of Conventions).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare supra Part II.B (describing Africa's unique problems) with supra Part III.A (highlighting content of Conventions).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare supra Part II.B.1 (discussing safety problems of public transportation) with supra note 93 and accompanying text (providing Convention suggestions concerning public buses).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B.1 (discussing safety problems of public transportation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B.1 (describing pedestrians as most vulnerable road users in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 92 and accompanying text (introducing Conventions' rules for pedestrians).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 92 and accompanying text (introducing Conventions' rules for pedestrians).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 92 and accompanying text (outlining Conventions' rules for pedestrians).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 92 and accompanying text (exploring Conventions' rules for pedestrians).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B.1-2 (discussing pedestrians as vulnerable road users and the problems of not having awareness of traffic patterns and cars).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B.1-2 (discussing pedestrians as vulnerable road users and the problems of not having awareness of traffic patterns and cars). Although education that makes even a single individual more aware of the road is worth while, traffic fatality rates continue to rise in Africa despite the Convention's requirement of road safety education. See supra notes 8, 21, 22 and accompanying text (discussing rate of fatality increase in Africa).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part II.B.4 (discussing enforcement problems in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part II.B.4 (discussing lack of resources for enforcement).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part III.A (highlighting content of the 1968 Vienna Conventions on Road Traffic and on Road Signs and Signals).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare supra part II.B (explaining unique obstacles and causes of road safety problems in Africa) with supra notes 94-98 (outlining content of 1968 Signs Convention).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 69-72 and accompanying text (discussing illiterate drivers impact on safety issues).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 69-72 and accompanying text (discussing illiterate drivers in Africa and resulting safety issues); supra note 96 and accompanying text (stating language requirements for signs under convention).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 69-72 and accompanying text (discussing illiterate drivers' difficulty following road signs); supra note 92 and accompanying text (stating purpose of symbols is to facilitate international understanding of signs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra note 23 and accompanying text (stating cost of road accidents more than funds received from foreign aid).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 95 and accompanying text (stating examples of time requirements under conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 95 and accompanying text (stating examples of time requirements under Conventions); supra note 88 and accompanying text (stating purpose of Vienna Conventions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.B (discussing

intent, content, and purpose of SADC Protocol and Manual).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.B (highlighting content of SADC Protocol, including need for funding, enforcement, and legislation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.B (highlighting content of SADC Protocol, including need for funding, enforcement, and legislation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT|) .See supra note 107 (stating only South Africa adopted the Manual).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 70 and accompanying text (noting South Africa faces challenges enforcing traffic laws and establishing traffic regulation legitimacy in public perception).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra Part II.B (discussing obstacles to regulations and traffic law enforcement in Africa); supra note 70 and accompanying text (finding South Africa faces challenges enforcing traffic laws and establishing traffic regulation legitimacy in public perception).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.B (highlighting content of the SADC Protocol).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.B (outlining road safety problems in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Compare supra Part III.B (highlighting content of SADC Protocol) with supra Part II.B (outlining road safety problems in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III.C-G (discussing history of WHO, UN, and private actor actions).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra note 117 (providing UN documents that reference WORLD REPORT).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 122 (stating importance of collaboration to prevent overlapped programs and waste of funding).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part III.C-G (highlighting programs and publications led by international organizations).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra note 134 and accompanying text (indicating importance of global organizations as source of funding for road programs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 134 and accompanying text (indicating importance of global organizations as source of funding for road programs); supra note 114 and accompanying text (stating funding issues considered in regional SADC Protocol).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 29-32 and accompanying text (discussing problems with statistics and assessments).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 29-32 and accompanying text (discussing problems with statistics and assessments).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 29-32 and accompanying text (discussing problems with statistics and assessments).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 126 (stating current measures only preliminary steps).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 126 (stating current measures only preliminary steps).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Parts I, II.A, and III.C-G (discussing history of road safety problems in Africa and of international response).

(OTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra note 23 (comparing funding for AIDS, TB, malaria research and prevention with funding for road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part II.A. (discussing importance of international media attention); supra note 18 (discussing low level of awareness in United States).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra part II.A. (discussing importance of international media attention).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 60 and accompanying text (stating road users travel more safely when made aware of possible risks).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 19 and accompanying text (stating strapped governments will give popular issues priority over issues unknown to international community).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra notes 19, 21 and accompanying text (stating larger amounts of international private funds given for more well-known causes). But see supra note 133 and accompanying text (naming private companies contributing to road safety campaign).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .Cf. supra note 16 and accompanying text (stating accidents in developing nations not reported internationally and including examples from Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 37 (stating poor have little political clout).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 37 (stating poor have little political clout).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 37 (stating poor have little political clout).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 23 and accompanying text (comparing road traffic fatality rates and research funding with that of AIDS, TB, and Malaria).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II.A. (discussing international awareness and funding for road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 122 and accompanying text (stating UN charge to WHO was unfunded).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 128 and accompanying text (stating regional commissions not adequately equipped).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 4 and accompanying text (stating low and middle income countries lose $65 billion a year, more than they receive in international aid); supra note 19 and accompanying text (quoting world leaders and activists arguing current funding inadequate and more international awareness needed).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 124 and accompanying text (stating purpose of UN Road Safety Collaboration is to create much needed collaboration among various sectors and stakeholders).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 124 (stating not every stakeholder is represented).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 29-32 (providing problems with statistics and lack of data collection cooperation).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 32 and accompanying text (stating problems arising from incomplete data collection strategies).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 32 and accompanying text (addressing difference in reporting standards for road fatalities and resulting problems).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 (discussing role of road safety with MDGs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 (detailing Kofi Annan's viewpoint of road safety's impact on MDG success). [greater than or equal to]

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 (noting Ki-Moon failed to include Annan's recommendation about MDGs and road safety).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 130 and accompanying text (stating ECA failed to consider road safety when discussing MDGs).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See, e.g., supra note 113 and accompanying text (providing WHO's recommendations); supra note 123 (describing how UN stresses importance of road safety but does not fund road safety); supra note 132 and accompanying text (providing ministerial declaration at Accra Conference by ECA and WHO).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 113 and accompanying text (stating WHO recommends donating international funding and human resources to developing nations).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 123 and accompanying text (providing Annan's statement).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 123 and accompanying text (stating number of full-time staff in all international bodies).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 134-135 and accompanying text (outlining identity and programs of GRSP).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 135 and accompanying text (explaining GRSP programs in Ghana, South Africa, and Namibia).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 116 (listing General Assembly resolutions referencing World Report findings as basis for recommendations).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 and accompanying text (comparing Al-Hinai's request with resulting UN resolution).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra note 116 and accompanying text (stating problems facing successful resolution of road safety issues through international discourse).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part IV (suggesting road fatalities are avoidable through appropriate regulation and funding).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part II (describing unique problems contributing to road fatalities in Africa).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part III (highlighting national, regional, and international actions currently addressing road safety in Africa); supra Part IV (suggesting improvements can be made to reduce fatalities).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra notes 1-3 and accompanying text (stating fatality rates); supra Part IV (suggesting improvements to road safety programs and policies).

(NOTEREF _Ref194065771 \h \* MERGEFORMAT) .See supra Part IV (suggesting regionally sensitive legislation better suited to reduce fatalities).

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Author:Churchill, Rachel E.D.
Publication:Suffolk Transnational Law Review
Date:Sep 22, 2009
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