1. 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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2. PURPOSE OF PRESENTATION
EXPLAIN THE CONTENTS OF AND THE NEED FOR PARLIAMENT TO RATIFY THE SADC WILDLIFE PROTOCOL
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3. BACKGROUND TO THE 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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4. 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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5. 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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6. ARTICLES OF THE PROTOCOL
1-4 definitions, scope, principles and objectives
5-6 institutional mechanisms and legal instruments
programmes, information sharing, co-operation
capacity building, financial provisions, sanctions
settlement of disputes, annexes, amendment
signature, ratification, entry into force
19-21 accession, withdrawal and depositary
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7. ARTICLES 5 & 6: INSTITUTIONAL MECHANISMS AND LEGAL INSTRUMENTS
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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8. ARTICLES 7-9:PROGRAMMES, INFORMATION SHARING AND CO-OPERATION
Establish and integrate conservation management programmes into national development plans, further assess, monitor and control activities affecting wildlife resources
State Parties to establish and maintain wildlife databases
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9. 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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10. ARTICLES 13-15: DISPUTES, ANNEXES, AMENDMENT
Amicable dispute resolution, if not Tribunal
State Parties may develop and adopt annexes
Amendment – in terms of Article 36 of the Treaty
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11. ARTICLES 16-18: SIGNATURE, RATIFICATION, ENTRY INTO FORCE
Signature: duly authorized Member State representative
Ratification: in accordance with own Constitutional procedures
Enter into force 30 days after deposition of instruments for ratification by two-thirds of the Member States
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12. ARTICLES 19-21: ACCESSION, WITHDRAWAL, DEPOSITARY
Remains open for accession by any Member State
Withdrawal – 12 months from the date of giving written notice to the Executive Secretary
Depositary documents to Executive Secretary
Protocol to be registered with United Nations and the AU
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13. 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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14. 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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15. 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
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