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Analysis of Ethiopia's Wildlife Policies and Laws

2016-06-07 Law
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Release : 2016-06-07
Genre : Law
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Book Synopsis Analysis of Ethiopia's Wildlife Policies and Laws by : Didi Wamukoya

Download or read book Analysis of Ethiopia's Wildlife Policies and Laws written by Didi Wamukoya. This book was released on 2016-06-07. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Compendium of Ethiopian Wildlife Laws

2022-04-01 Law
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Release : 2022-04-01
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Book Synopsis Compendium of Ethiopian Wildlife Laws by :

Download or read book Compendium of Ethiopian Wildlife Laws written by . This book was released on 2022-04-01. Available in PDF, EPUB and Kindle. Book excerpt: Federal Wildlife Laws Article 51 of the Ethiopian Constitution enumerates the powers and functions of the Federal Government which includes the power to enact laws for the utilization and conservation of land and other natural resources. Article 52(2)(d) gives the states the powers and functions of administering land and other natural resources in accordance with federal laws. Individual states may enact their own laws addressing wildlife conservation within their jurisdictions. 1. The Development, Conservation and Utilization of Wildlife Proclamation (No. 541/2007) The main law governing wildlife in Ethiopia is the Development, Conservation and Utilization of Wildlife Proclamation (Proclamation No. 541/2007). This is a federal proclamation and even though the states may enact their own wildlife laws, such laws should not be inconsistent with Proclamation No. 541/2007. Further, the states are required by the Constitution to administer the provisions of Proclamation No. 541/2007. Proclamation No. 541/2007 was enacted in 2007. Prior to its enactment, wildlife conservation was governed by the Forestry and Wildlife Development Conservation and Development Proclamation (repealed) of 1980. The 1980 legislation was not in line with the existing realities and challenges of wildlife conservation and there was continued depletion of wildlife resources. There was therefore an urgent need to enact a law that would address these issues. Proclamation No. 541/2007 implements the provisions of the Wildlife Strategy and Policy of 2005. The preamble to the law states that it was enacted to address unplanned and inappropriate utilization of wildlife and unproductive conservation of wildlife. The law wishes to harness the benefits of allowing communities and private investors to actively participate in wildlife development and conservation and enhance the contribution of the wildlife sector towards poverty reduction by maximizing the economic and social benefits derived therefrom. The objectives of Proclamation No. 541/2007 are to conserve, manage, develop and properly utilize the wildlife resources of Ethiopia, to create conditions necessary for discharging government obligations assumed under treaties regarding the conservation, development, and utilization of wildlife and to promote wildlife-based tourism and encourage private investment. Proclamation No. 541/2007 gives the Minister power to issue directions and regulations necessary for its implementation. The Wildlife Development, Conservation and Utilization Council of Ministers Regulations (No. 163/2008) In 2008, the Wildlife Development, Conservation and Utilization Council of Ministers Regulations (Regulation No. 163/2008) were issued. The aim of the regulations is to implement the provisions of Proclamation No. 541/2007 on management of wildlife conservation areas, licensing of wildlife user rights and management of Human Wildlife Conflict (HWC). The Regulations also define offences against wildlife and prescribe the penalties provided for in Proclamation No. 541/2007. The Ethiopian Wildlife Development and Conservation Authority Establishment Proclamation (No. 575/2008) The other law that addresses management of wildlife is the Ethiopian Wildlife Development and Conservation Authority Establishment Proclamation (Proclamation No. 575/2008). This law recognizes that it is necessary to strengthen the wildlife sub-sector in accordance with the current global standards and to this end a government body at the federal level should be established to manage and conserve wildlife. Proclamation No. 575/2008 establishes the Ethiopian Wildlife Conservation Authority (EWCA) as an autonomous public agency of the Federal Government. The objectives of EWCA are to ensure the development, conservation and sustainable utilization of the country’s wildlife resources.

Analysis of Uganda's Wildlife Policies and Laws

2016-06-07 Law
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Release : 2016-06-07
Genre : Law
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Book Synopsis Analysis of Uganda's Wildlife Policies and Laws by : Didi Wamukoya

Download or read book Analysis of Uganda's Wildlife Policies and Laws written by Didi Wamukoya. This book was released on 2016-06-07. Available in PDF, EPUB and Kindle. Book excerpt: Uganda has a very strong wildlife policy and the government is committed towards wildlife conservation and protection and fighting wildlife crime. Uganda is a party to various international conventions that provide for the conservation in wildlife, regulation of trade in wildlife and wildlife products, proper law enforcement and anti‐corruption initiatives. Being a party to these instruments demonstrates Uganda’s commitment to meet international standards in protection of wildlife and reduction of wildlife crime in the country. However, even with a strong policy and commitment to international standards, wildlife crime still occurs in Uganda that is a serious threat to the survival of some key iconic species in the country. One of the reasons is that the wildlife legislation and other laws do not reflect the standards set in the policy or the international requirements. Uganda is working towards review of its laws to catch up with its policies and international standards and hopefully this will address the gap and weaknesses in the wildlife legislation.

Review of Tanzania's Wildlife Policies and Laws

2016-05-31 Law
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Release : 2016-05-31
Genre : Law
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Book Synopsis Review of Tanzania's Wildlife Policies and Laws by : Didi Wamukoya

Download or read book Review of Tanzania's Wildlife Policies and Laws written by Didi Wamukoya. This book was released on 2016-05-31. Available in PDF, EPUB and Kindle. Book excerpt: 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 Eswatini's Wildlife Policies and Laws

2017-10-18 Law
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Release : 2017-10-18
Genre : Law
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Book Synopsis Analysis of Eswatini's Wildlife Policies and Laws by : Didi Wamukoya

Download or read book Analysis of Eswatini's Wildlife Policies and Laws written by Didi Wamukoya. This book was released on 2017-10-18. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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