Analysis of Mozambique's Wildlife Policies and Laws


Book Description

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 Botswana's Wildlife Policies and Laws


Book Description

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.




Analysis of Select Wildlife Cases in Mozambique


Book Description

This is a review of a few wildlife cases in Mozambique. This review, however, is not intended to paint a comprehensive picture of the wildlife crimes in Mozambique and how they are detected, investigated and adjudicated. This is due to the constraints and limitations of this research. The main limitation is that Mozambique is a Civil Law country and thus there is no requirement formal reports of court decisions. The consultants could only access a limited number of cases from Matutuine District Judicial Court in Southern Mozambique and sincerely thanks the court for their cooperation in availing these cases. Another constraint in this review was that the consultant was not able to get the names of the offenders in these cases. A third constraint was that the wildlife cases from Matutuine District Judicial Court dealt with hunting for bushmeat. Hunting for trophies of endangered species in Mozambique such as elephants and rhinos is therefore not addressed in this review. The lack of information on wildlife cases in Mozambique makes research on wildlife law enforcement and prosecution inconclusive and no interventions can be recommended.




Analysis of South Africa's Wildlife Policies and Laws


Book Description

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.




Legal frameworks enabling sustainable land-use investment in Mozambique: Current strengths and opportunities for improvement


Book Description

The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Mozambique. Mozambique’s legal framework for environmental management is well developed, and recent legal reforms have strengthened key public interest safeguards. Similarly, the country has established a comprehensive framework for investment through the Investment Law and Investment Promotion Centre (CPI), and enshrined in the Land Law the right to the use and benefit of land (DUAT). The Environmental Impact Assessment (EIA) process places public consultation at the heart of effective environmental management. It extends participation to a broad spectrum of stakeholders at an early stage, allowing, in theory, substantial influence over the design and implementation of the EIA process. The National Council for Sustainable Development (CONDES) and the Ministry for Environmental Coordination (MICOA) have not managed, however, to influence high level government policy decisions and push convincingly for a sustainable development agenda.




FAO Legislative Study


Book Description




Analysis of Eswatini's Wildlife Policies and Laws


Book Description

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.




African Wildlife Laws


Book Description




Securing Conservation


Book Description

This study examines how state and non-state actors are responding to the escalation of commercial rhino and elephant poaching happening within and across Mozambiques borders. Increasingly framed as a combined ecological and security threat, we see the rise in poaching being met with a parallel intensification in security-based efforts to address the problem. Drawing on my ethnographic fieldwork with anti-poaching groups, this study investigates how these efforts are ushering in an unprecedented era of securitized conservation and an expanding roster of more-than-conservation actors, interests, and practices. I argue the shifting realities and concerns of commercial poaching are (re-)shaping the logics and practices of anti-poaching, security, conservation, and the processes through which certain species, spaces, and movements are secured. In developing this argument, this study offers three core contributions. First, I develop an approach to studying conservation security and securitisation more broadly through a combined political-ecological, political-geographical, and micropolitical framework. Uncovering and making sense of the everyday practices and lived realities of anti-poaching personnel enables an understanding of the interplay between changing human-environment relations, attempts to intervene in and control these, and broader political-geographic processes and concerns related to territory, sovereignty, and security. Second, this study analyzes how state and non-state actors deploy various modes of discursive and material power to secure spaces of conservation and the nonhuman. In doing so, it pushes debates on the logics, operations, spatialities, and interconnections between various modes of power in new directions. Third, this dissertation contributes to how we understand the state and its relationship to conservation and wildlife by focusing on the ways in which this relationship is productive of and relates to broader statemaking processes concerning territory, security, and development. These insights help further our understanding of how changing geographies of power, conservation, and security articulate with broader and novel political-ecological and political-geographical dynamics of wildlife crime to produce and perpetuate violent and exclusionary nature-society relations.




Legal Trends in Wildlife Management


Book Description

In recent years, many countries have significantly revised their existing legislation or adopted new legal frameworks for the protection and management of wildlife. This study assesses the current status of national wildlife laws around the world, with a particular emphasis on legal innovations that have emerged over the last decade. The study focuses on domestic legislation, but also briefly examines the main features of international wildlife treaties, highlighting the linkages between global, national and local instruments. While retaining many of the basic elements of earlier legislation, recent laws address new issues and reflect new strategies for wildlife protection and management. They provide for better protection of biodiversity, deal with broader threats to wildlife within and outside protected areas, place clearer emphasis on management planning, pay more attention to sociocultural dimensions of wildlife management, enhance the involvement of affected persons and stakeholders in decision-making, and allow greater scope for local communities to participate in the benefits of wildlife use.