LEGAL AND PENAL SYSTEMS RELATING TO ILLEGAL HUNTING AND THE BUSH MEAT TRADE -  SHORTCOMINGS AND NECESSARY CHANGES

Opyene Vincent Senior Warden In charge Prosecution Uganda Wildlife Authority (Bean Field Officer)

PRESENTATION OUTLINE

•Introduction•International conventions governing illegal hunting and bushmeat trade

•State legislations in control of illegal hunting and trade in wildlife

•Shortcomings in the legal and penal systems

•Proposed changes •Conclusion

INTRODUCTION •Effectiveness of the legal system is in its ability to be enforced.

•If not enforceable, then it ceases to be law but advice.

When law becomes an advice

LEGAL REGIME GOVERNING ILLEGAL HUNTING ANDBUSHMEAT TRADE

•International conventions ratified by state parties.

•Constitution•Wildlife policy •Statutes or Acts of parliament•Regulations

INTERNATIONAL CONVENTIONS

•The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

•Convention on Biological Diversity

CONSTITUTIONAL PROVISIONS WHICH ARE PRO-CONSERVATION

•The Constitution is the highest legal norm in the hierarchy of national laws

•Objectives and state policies principles advocates for environment & wildlife conservation

•Takes cognizance international convention enforceable at national level.

WILDLIFE POLICY

•Wildlife policy is the state guidelines for conservation of wildlife.

•It develops approaches for conservation of wildlife.

•Enjoins Wildlife bodies to conserve the resources within National Parks and other wildlife areas.

•It`s from the policy that the law is developed.

WILDLIFE ACT

•This is the law which regulates illegal hunting and trade in wildlife species.

•The Act also takes cognizance of any convention, treaty or part of the convention to which a state is a party .

CUSTOMS ACT

•Custom laws allows impoundingof contrabands.

•Prosecution of of illegal trader in Wildlife products.

SHORTCOMINGS • Inadequate coordination among law

enforcement partners.

•Corrupt practices.

•Poor record keeping on antecedent of the accused persons

Cont…•Sentences imposed on wildlife

offences not deterrent to future illegal activities

•Limited reference materials on prosecution

wildlife crime.

• Knowledge gap on the value of wildlife .

Cont…

•Wildlife crimes treated as minor crime.

•Wildlife laws across borders are not harmonized.

•Inaccessibility to scientific evidence to prove wildlife crime in the absence of visible morphological features.

Recommendations.

•Develop database to monitor and keep close surveillance of dealers of illegal trade in wildlife product.

•Improve enforcement through training is a vital tool to enhance efficiency.

Cont…

•Adapt use of scientific evidence to prove cases.

•Value be attached on wildlife species and products .

• Develop comprehensive legislation with stiff punishments and penalties.

Cont..

• Coordination ,support, close liaison and information sharing will improve the law enforcement initiatives.

•International conventions to be domesticated and wildlife law across border be harmonized.

BEAN CONTACT •WEBSITE: www.bushmeatnetwork.org