SADC PROTOCOL ON WILDLIFE CONSERVATION AND LAW ENFORCEMENT

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SADC PROTOCOL ON WILDLIFE CONSERVATION AND LAW
ENFORCEMENT

• Presentation to the Parliamentary Portfolio
  Committee on Environment
• 17 June 2003
• DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

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PURPOSE OF PRESENTATION

• EXPLAIN THE CONTENTS OF AND THE NEED FOR
  PARLIAMENT TO RATIFY THE SADC WILDLIFE PROTOCOL

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BACKGROUND TO THE PROTOCOL

• Signed by SADC Heads of State on April 18, 1999 (
  Maputo, Mozambique)
• Heads of States summit of October 2002 request
  expedite ratification
• Applies to the conservation and sustainable use
  of wildlife excluding forestry and fishery
  resources
• Promotes regional co-ordination of wildlife
  conservation and law enforcement

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OBJECTIVES OF THE PROTOCOL (I)

• 1. Promote sustainable use of wildlife
• 2. Facilitate the harmonization of legal
  instruments governing wildlife use and
  conservation
• 3.Promote enforcement of wildlife laws within,
  between and among State Parties

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OBJECTIVES OF THE PROTOCOL (II)

• 4. Facilitate the exchange of information
  concerning wildlife management, utilization and
  the enforcement of wildlife laws
• 5. Promote the conservation of shared wildlife
  resources through the establishment of
  trans-frontier conservation areas
• 6. Facilitate community based natural resource
  management practices for the management of
  wildlife resources

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ARTICLES OF THE PROTOCOL

• 21 articles
• 1-4 definitions, scope, principles and
  objectives
• 5-6 institutional mechanisms and legal
  instruments
• 7-9 programmes, information sharing,
  co-operation
• 10-12 capacity building, financial provisions,
  sanctions
• 13-15 settlement of disputes, annexes, amendment
• 16-18 signature, ratification, entry into
  force
• 19-21 accession, withdrawal and depositary

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ARTICLES 5 6 INSTITUTIONAL MECHANISMS AND
LEGAL INSTRUMENTS

• 1. Institutional mechanisms
• Wildlife Sector Co-ordinating Unit
• Committee of Ministers (Food, Agriculture and
  Natural Resources)
• Committee of Senior Officials (Administrative
  Head)
• Technical Committee (Head of wildlife department)
• 2. State Parties to adopt, harmonize and enforce
  legal instruments

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ARTICLES 7-9PROGRAMMES, INFORMATION SHARING AND
CO-OPERATION

1. Establish and integrate conservation management
   programmes into national development plans,
   further assess, monitor and control activities
   affecting wildlife resources
2. State Parties to establish and maintain wildlife
   databases

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ARTICLES 10-12 CAPACITY BUILDING, FINANCIAL
PROVISIONS, SANCTIONS

• 1. Identify, co-operate in capacity building
  programmes
• 2. Wildlife Conservation Fund (contributions,
  grants, donations, technical assistance,
  programme specific funds)
• 3. Sanctions failure to unreasonably fulfill
  obligations, final decision - Summit

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ARTICLES 13-15 DISPUTES, ANNEXES, AMENDMENT

1. Amicable dispute resolution, if not Tribunal
2. State Parties may develop and adopt annexes
3. Amendment in terms of Article 36 of the Treaty

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ARTICLES 16-18 SIGNATURE, RATIFICATION, ENTRY
INTO FORCE

1. Signature duly authorized Member State
   representative
2. Ratification in accordance with own
   Constitutional procedures
3. Enter into force 30 days after deposition of
   instruments for ratification by two-thirds of the
   Member States

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ARTICLES 19-21 ACCESSION, WITHDRAWAL, DEPOSITARY

1. Remains open for accession by any Member State
2. Withdrawal 12 months from the date of giving
   written notice to the Executive Secretary
3. Depositary documents to Executive Secretary
4. Protocol to be registered with United Nations and
   the AU

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PROGRESS

• Member States that have ratified
• Botswana, Lesotho, Malawi, Mauritius, Mozambique,
  Namibia
• Outstanding Angola, DRC, Seychelles, South
  Africa, Swaziland, Tanzania, Zambia Zimbabwe
• South Africa NEMA, Biodiversity Bill and
  Protected Areas Bill

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CONCLUDING REMARKS(I)

• South Africa participated in the development of
  the SADC Wildlife Protocol
• Current Law Reform Programme addresses
  legislative responsibility
• Establishment of Transfrontier Conservation Areas
  addresses regional co-operation
• Complies with Article 5 and 21 of the Treaty

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CONCLUDING REMARKS(II)

• Noting
• African Convention on the Conservation of Nature
  and Natural Resources (Algiers,1968),
• Convention on International Trade in Endangered
  Wild Fauna and Flora (Washington,1973),
• Southern African Convention for Wildlife
  Management (1990),
• Convention on Biological Diversity (Rio de
  Janeiro,1992)
• Lusaka Agreement (1994),
• Master Plan for the Security of Rhino and
  Elephant in Southern Africa (1996)
• INTERPOL