Analysis Of South Africa S Wildlife Policies And Laws
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Analysis Of South Africa S Wildlife Policies And Laws
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2017-10-18
Analysis Of South Africa S Wildlife Policies And Laws written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
South Africa has a long history of regulation of wildlife conservation that dates as far back as 1656 when Jan van Riebeek, a Dutch colonial administrator and founder of Cape Town, gave instructions to regulate hunting in the Cape. From that time, South Africa has had several wildlife and biodiversity conservation policies and laws. After the fall of apartheid, the new framework policies and laws on environment and wildlife conservation were enacted to further strengthen wildlife conservation in the country. South Africa is also a party to various international agreements that commit the country to its conservation efforts at an international level. This rapid, independent assessment of the law and policy governing wildlife crimes in South Africa reviews the Constitution and the national framework laws, focusing on those laws and policies that impose criminal liability for wildlife offences. The assessment then turns to the provinces. Provincial governments have a fairly large degree of legislative and executive jurisdiction over conservations and wildlife management issues, including enforcing compliance of criminal wildlife laws. The review sets out the offences and penalties that exist across the myriad of relevant environmental legislation and policy and looks at the power and mandate of the various enforcement bodies.
Analysis Of Mozambique S Wildlife Policies And Laws
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2017-10-18
Analysis Of Mozambique S Wildlife Policies And Laws written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
Mozambique has developed comprehensive policies and laws for the protection, conservation and sustainable use of wildlife resources, with engagement of a wide range of stakeholders, including local communities and the private sector. During the last 15 years the main legislation governing wildlife and conservation areas management is the Forest and Wildlife Law1 and its regulation. However, this law is inadequate to combat wildlife crimes. Offenses against iconic and protected wildlife species are punishable only by fines, which are not high enough to discourage the crime. Additionally, the enforcement of the law is constrained by limited number of enforcement agents, limited patrolling equipment, limited incentives and widespread corruption. The increasing level of organized crime is also threatening the survival of protected wildlife species. The Conservation Areas Law2 was enacted in 2014 and offers a great opportunity to combat wildlife crime as it provides for heavy fines and imprisonment of up to 12 years for offenses against protected wildlife species. However, the enforcement of this law is constrained by the lack of its regulations. Mozambique has ratified the most relevant international conventions for the conservation of wildlife and their habitats and has, to a large extent, adapted domestic legislation to incorporate the provisions of the conventions. However, weak enforcement of domestic legislation undermines the fulfilment of the obligations of the country associated with the ratification of the conventions.
Analysis Of Eswatini S Wildlife Policies And Laws
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2017-10-18
Analysis Of Eswatini S Wildlife Policies And Laws written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
Swaziland has a long history of conservation, dating back to pre‐colonial and colonial times. The government remains committed to wildlife conservation having enacted laws that protect wildlife and their habitat and created institutions to enforce those laws. This commitment extends to the regional and international sphere where Swaziland is a party to various regional international instruments that ensure conservation of wildlife as well as facilitating wildlife law enforcement. Despite all the government’s efforts, there are still gaps in the various laws that need to be addressed in order to ensure proper protection of wildlife in the country. This analysis found that the wildlife laws are very fragmented leading to a fragmentation in the institutional framework. Fragmented laws lead to overlapping legal provisions and lack of coordination and confusion in enforcement of those laws. The laws are also very dated and do not address the current challenges facing wildlife. The penalties for wildlife offences are quite law and this could be attributed to the fact that the laws were enacted when wildlife crimes had not yet escalated to the levels that we are witnessing today. The laws also do not fully implement the international requirements of the instruments to which Swaziland is a party. They do not for instance address organised crime and civil forfeiture of proceeds of crime. Some or all of these challenges have led to wildlife crimes having a low profile in Swaziland and most often being treated as misdemeanours by the courts. This review recommends that to address the challenges and strengthen wildlife legislation in Swaziland, the profile of wildlife crimes in the country be raised so that they hold the same weight as other serious crimes, the wildlife legislation be updated, consolidated and harmonised, the institutional framework be harmonised with clear coordination mechanisms, the penalties for wildlife offences be enhanced, a specific law criminalising organised crime be enacted and anti‐money laundering laws be updated to address civil forfeiture of illegal assets and proceeds of crime. It is also recommended that local communities living next to protected areas be engaged and sensitised on the benefits of conservation and the repercussions of wildlife crimes.
Analysis Of Select Wildlife Cases In South Africa
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2017-10-18
Analysis Of Select Wildlife Cases In South Africa written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
The world is in the midst of a poaching and Illegal Wildlife Trade (IWT) crisis which threatens survival of many species. Poaching and IWT involves a wide range of species including insects, reptiles, amphibians, fish and mammals. IWT has been estimated by different sources to be worth USD 7–23 Billion annually. Targeted species in South Africa include terrestrial mammals such as rhino, endangered plants including cycads and marine species such as abalone. South Africa lost 1,215 rhinos to poaching in 2014 up from 13 rhinos lost in 2007. Demand for wildlife and wildlife products was driven by need for pharmaceuticals, food, pets, ornamental and traditional medicinal purposes. The poaching crisis and IWT are no longer emerging issues. The poaching crisis began in the mid 2000’s when demand for ivory and rhino horn significantly increased. From that time, wildlife crime has become more sophisticated and now involves large‐scale, transnational organised crime. The spike in wildlife crime poses a growing threat not only to wildlife but also to national security, rule of law, sustainable development, and the well‐being of local communities. The scale and nature of the challenges posed by wildlife crime have been recognized in international fora. International organizations such as CITES and INTERPOL have held discussions and made decisions on interventions to reduce or curb this crime. High level political conferences have also addressed the issue. Despite these national and international efforts, corruption, weak legislation, weak judicial systems and light sentences allow criminal networks to continue being involved in IWT because, to them, it is a low risk business with high returns. South Africa has enhanced its law enforcement efforts to combat poaching and IWT. The South African governmentʹs approach to criminal justice is contained in the overarching 1996 National Crime Prevention Strategy (NCPS). The NCPS motivated a shift in emphasis from crime control to crime prevention which is a shift towards understanding crime as a social issue rather than a solely security issue. It is based on 3 pillars, that is, improving the criminal justice process, reducing crime through environmental design, changing public values and education and reducing transnational crime. The 1998 White Paper on Safety and Security builds on this NCPS framework. It focuses on three key areas, namely law enforcement, crime prevention and institutional reform to meet delivery goals. While both these documents are still applicable to understand South Africa’s approach to criminal justice, the overall strategies seem to have shifted. The South African Police Service adopted a high profile strategy in March 2000 to combat crime in particular hotspots. The White Paper on Local Government 1998 also calls for crime prevention and encourages its integration with other aspects of local development. Partnerships with NGOs and community‐based organizations are called for especially in areas where local government lacks skills, including crime prevention. In 2012 Cabinet approved the Integrated Social Crime Prevention Strategy developed by the National Department of Social Development. Further the White Paper on Community Safety Forums (2012) led to the establishment of community safety forums, which are supposed to be coordinating structures at local government level. The National Development Plan published in 2012 also attaches significant importance to the safety. The key enforcement institution for wildlife crimes in South Africa is the Department of Environmental Affairs (DEA) through its Environmental Management Inspectorate (EMI). According to the DEA, illegal hunting continued to be the predominant wildlife crime in the 2014/2015 fiscal year. There were 386 arrests for rhino related offences which was an increase from 343 arrests in 2013. The number of environmental crimes finalised increased from 165 to 265 cases in the 2014/2015 reporting period, compared to the 2013/2014 reporting period. The conviction rate also increased from 86% to 94.7%.
African Wildlife Laws
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Author : Cyrille de Klemm
language : en
Publisher: IUCN
Release Date : 1987
African Wildlife Laws written by Cyrille de Klemm and has been published by IUCN this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Nature categories.
Analysis Of Botswana S Wildlife Policies And Laws
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2017-10-18
Analysis Of Botswana S Wildlife Policies And Laws written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
Botswana has a long history of wildlife conservation dating back to 1890 when the first game protection statute was enacted. Since that time, wildlife policies and laws have been developed to address increased threats to wildlife, especially poaching and trafficking in wildlife products. Botswana now has in place various strategies and policies on wildlife conservation and management which guide the enactment of wildlife legislation. The key wildlife law is the Wildlife Conservation and National parks Act enacted in 1992. The Act sets out the institutional and administrative framework of the wildlife. There are strong provisions that strictly regulate wildlife conservation and utilization and address wildlife crime and wildlife law enforcement. Nevertheless, there are still some gaps that exist within the law that need to be sealed in order to effectively curb wildlife crime. Botswana is quite robust in adopting international standards to address wildlife crime and has enacted legislation to stop illegal trade in wildlife and wildlife products and deter profiting from wildlife crime by confiscating proceeds of crime and criminalizing money laundering. Legislation to curb corruption among public officials, including those who deal with wildlife matters, is in place and its rigorous enforcement has led to Botswana being one of the least corrupt countries in Africa. The effectiveness of the wildlife legislation in Botswana cannot be accurately gauged as there is little information on the number of wildlife crimes committed and the conviction rates of wildlife offenders.
Review Of Tanzania S Wildlife Policies And Laws
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Author : Didi Wamukoya
language : en
Publisher: African Wildlife Foundation
Release Date : 2016-05-31
Review Of Tanzania S Wildlife Policies And Laws written by Didi Wamukoya and has been published by African Wildlife Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-31 with Law categories.
Tanzania is one of the most bio‐diverse countries on the African continent with a long history of conservation. The Tanzanian government remains committed to conserving wildlife resources and their habitats. Legislation on wildlife conservation in Tanzania dates as far back as the 1890’s and from that time, it has been transformed to address modern day challenges and changing wildlife conservation methods. Tanzania is also a party to various international instruments including CITES, UNCAC and UNCTOC. These instruments make provisions for parties to enact legislation that will enhance wildlife law enforcement. They include provisions on regulation of wildlife trade, prevention of organized crime and money laundering and addressing corruption. Tanzania has domesticated these provisions by enacting various pieces of legislation including anti‐money laundering laws, prevention of organized crime laws and anti‐corruption laws. These laws support the main wildlife legislation in providing harsher penalties for wildlife offences and addressing corruption as a driver of wildlife crimes. Despite all the policy and legislative efforts made by Tanzania to prevent wildlife crime, there has been a worrying loss of wildlife in the recent past. This has been attributed to high demand for wildlife products in Asia, poverty in Tanzania that incentivises wildlife crime, penetration of organised criminal groups into Tanzania and corruption in law enforcement. Tanzania has been working to overcome these challenges and has seen wildlife poaching and trafficking kingpins arrested and handed very hefty penalties which will hopefully deter other wildlife offenders.
Towards A Sustainable Wildlife Trade
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Author : Markus Bürgener
language : en
Publisher:
Release Date : 2001
Towards A Sustainable Wildlife Trade written by Markus Bürgener and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Nature conservation categories.
Whales And Elephants In International Conservation Law And Politics
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Author : Ed Couzens
language : en
Publisher: Routledge
Release Date : 2013-11-07
Whales And Elephants In International Conservation Law And Politics written by Ed Couzens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general. This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors – many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts. The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements – 'ecosystems of legal instruments'.
South Africa S Wildlife Trade At The Crossroads
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Author : Ashish Bodasing
language : en
Publisher:
Release Date : 1996
South Africa S Wildlife Trade At The Crossroads written by Ashish Bodasing and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Wild animal trade categories.