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.




Review of Tanzania's Wildlife Policies and Laws


Book Description

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.




Analysis of Ethiopia's Wildlife Policies and Laws


Book Description

Ethiopia is committed to wildlife conservation and has in place a wildlife policy and strategy that guides the administration of the wildlife sector. This policy is translated into legislation for purposes of making its provisions enforceable. There is legislation that establishes the institutional framework of the wildlife sector and legislation that regulates the wildlife sector. The wildlife legislation has strong provisions that address wildlife crime and wildlife trafficking but it also has gaps that need to be sealed in order to successfully administer and adjudicate over wildlife cases. Ethiopia is quite strong in complying with international standards that address wildlife crime including standards on reduction of wildlife trade, fighting of organized criminal groups, curbing money laundering and fighting corruption. The effectiveness of the legislation cannot be accurately gauged as there is lack of consistent and reliable data on wildlife cases.




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 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 Select Wildlife Cases in South Africa


Book Description

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%.







Biological Invasions in South Africa


Book Description

This open access volume presents a comprehensive account of all aspects of biological invasions in South Africa, where research has been conducted over more than three decades, and where bold initiatives have been implemented in attempts to control invasions and to reduce their ecological, economic and social effects. It covers a broad range of themes, including history, policy development and implementation, the status of invasions of animals and plants in terrestrial, marine and freshwater environments, the development of a robust ecological theory around biological invasions, the effectiveness of management interventions, and scenarios for the future. The South African situation stands out because of the remarkable diversity of the country, and the wide range of problems encountered in its varied ecosystems, which has resulted in a disproportionate investment into both research and management. The South African experience holds many lessons for other parts of the world, and this book should be of immense value to researchers, students, managers, and policy-makers who deal with biological invasions and ecosystem management and conservation in most other regions.







The North American Model of Wildlife Conservation


Book Description

The foremost experts on the North American Model of Wildlife Conservation come together to discuss its role in the rescue, recovery, and future of our wildlife resources. At the end of the nineteenth century, North America suffered a catastrophic loss of wildlife driven by unbridled resource extraction, market hunting, and unrelenting subsistence killing. This crisis led powerful political forces in the United States and Canada to collaborate in the hopes of reversing the process, not merely halting the extinctions but returning wildlife to abundance. While there was great understanding of how to manage wildlife in Europe, where wildlife management was an old, mature profession, Continental methods depended on social values often unacceptable to North Americans. Even Canada, a loyal colony of England, abandoned wildlife management as practiced in the mother country and joined forces with like-minded Americans to develop a revolutionary system of wildlife conservation. In time, and surviving the close scrutiny and hard ongoing debate of open, democratic societies, this series of conservation practices became known as the North American Model of Wildlife Conservation. In this book, editors Shane P. Mahoney and Valerius Geist, both leading authorities on the North American Model, bring together their expert colleagues to provide a comprehensive overview of the origins, achievements, and shortcomings of this highly successful conservation approach. This volume • reviews the emergence of conservation in late nineteenth–early twentieth century North America • provides detailed explorations of the Model's institutions, principles, laws, and policies • places the Model within ecological, cultural, and socioeconomic contexts • describes the many economic, social, and cultural benefits of wildlife restoration and management • addresses the Model's challenges and limitations while pointing to emerging opportunities for increasing inclusivity and optimizing implementation Studying the North American experience offers insight into how institutionalizing policies and laws while incentivizing citizen engagement can result in a resilient framework for conservation. Written for wildlife professionals, researchers, and students, this book explores the factors that helped fashion an enduring conservation system, one that has not only rescued, recovered, and sustainably utilized wildlife for over a century, but that has also advanced a significant economic driver and a greater scientific understanding of wildlife ecology. Contributors: Leonard A. Brennan, Rosie Cooney, James L. Cummins, Kathryn Frens, Valerius Geist, James R. Heffelfinger, David G. Hewitt, Paul R. Krausman, Shane P. Mahoney, John F. Organ, James Peek, William Porter, John Sandlos, James A. Schaefer