WILDLIFE LAW IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY MARIA TERESA CIRELLI ELISA MORGERA FAO LEGAL PAPER ONLINE # 84 2010 FAO Legal Papers Online are a series of articles and reports on legal issues of c ontemporary i nterest i n t he ar eas of f ood policy, agriculture, rural development, biodiversity, environment and natural resource management. Legal Papers Online are available at www.fao.org/legal/prs-ol For those without web access or email, paper copies of Legal Papers Online may be requested from the FAO Legal Office, FAO, Viale delle Terme di Caracalla 00153, Rome, Italy, [email protected]. Readers are encouraged t o s end an y c omments or r eactions t hey m ay ha ve regarding a Legal Paper Online to the same address. The des ignations employed an d t he presentation of t he m aterial i n this document do not imply the expression of any opinion whatsoever on the part of the United Nations or the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The pos itions and o pinions pr esented d o not n ecessarily r epresent the views of the Food and Agriculture Organization of the United Nations. © FAO 2010 About the Authors Maria Teresa Cirelli is an International Legal Consultant for FAO. Elisa Morgera is a former Legal Officer of the Development Law Service, FAO. Acknowledgments The aut hors ar e v ery grateful t o t he ex perts w ho f rom v arious c ountries c ontributed background information for the case studies included in this paper, and particularly to Mutuso Dhliwayo, f or r egional i nitiatives and Z imbabwe; Poonjaraj K hurun, f or Maur itius; Mar ia da Conceição Pacheco Faria, for Mozambique; Eliamani Laltaika, for Tanzania; Shaheen Moolla, for South Africa and other countries; and Pamela Towela Sambo – Chilubanama, for Zambia. Contacts with these ex perts were made pos sible through the k ind cooperation of Françoise Burhenne, S enior C ounsel, I UCN E nvironmental La w C entre; K ai-Uwe W ollscheid, Director General, International Council for Game and Wildlife Conservation; and René Czudek, FAO Sub-regional Forestry and Wildlife Officer for Southern Africa, whom the authors would also like to thank. Assistance by the following FAO Legal Interns is also gratefully acknowledged: Jacqueline Alastra, who prepared the case studies on Mauritius, Seychelles and Swaziland, Ileana P apadopoulou, w ho c ontributed t o t he s ection on r egional a greements, and J esse Bellam, who provided editorial assistance. ii FAO Legal Papers Online September 2010 CONTENTS INTRODUCTION 1. General background 2. Overview of the study PART I – INTERNATIONAL BACKGROUND AND EMERGING TRENDS IN NATIONAL LEGISLATION OF SADC COUNTRIES 1. INTERNATIONAL LEGAL INSTRUMENTS RELATED TO SUSTAINABLE WILDLIFE MANAGEMENT 1.1 Global agreements 1.2 Regional agreements 2. EMERGING TRENDS IN WILDLIFE LEGISLATION 2.1 Wildlife legislation and other related legislation 2.2 Institutions and role of stakeholders 2.2.1 Institutional setup and public participation 2.2.2 Funds 2.3 Wildlife tenure and use rights 2.4 Wildlife management planning 2.5 Wildlife conservation 2.6 Utilization 2.6.1 Authorizations for hunting and other activities 2.6.2 Sharing of benefits 2.6.3 Legal frameworks for community-based wildlife management 2.6.4 Legal frameworks for the private sector’s wildlife management 2.6.5 Eco-tourism 2.6.6 Ranching and breeding 2.7 Human-wildlife conflicts 2.8 Law enforcement and access to justice 2.9 Gender and food security 3. CONCLUSIONS AND RECOMMENDATIONS 3.1 The importance of harmonization 3.2 The legal empowerment of the poor 3.3 Scope of wildlife legislation 3.4 Participation of stakeholders in institutions and decision-making processes 3.5 Wildlife tenure and use rights 3.6 Wildlife management planning 3.7 Wildlife conservation 3.8 Wildlife use 3.8.1 Issue of authorizations, licenses, permits and concessions 3.8.2 Sharing of benefits 3.8.3 Legal frameworks for community-based natural resource management 3.8.4 Legal frameworks for the private sector’s wildlife management 3.8.5 Eco-tourism 3.8.6 Ranching and breeding 3.9 Human-wildlife conflicts 3.10 Law enforcement 3.11 Gender and food security 3.12 Coordination among different national laws affecting wildlife iii FAO Legal Papers Online September 2010 PART II – CASE STUDIES: OVERVIEW OF NATIONAL LEGISLATION 1. ANGOLA 1.1 Overview of the legal framework 1.2 Institutional setup and role of stakeholders 1.3 Wildlife tenure and use rights 1.4 Wildlife management planning 1.5 Wildlife conservation 1.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 1.7 Human-wildlife conflicts 1.8 Law enforcement 2. BOTSWANA 2.1 Overview of the legal framework 2.2 Institutional setup and role of stakeholders 2.3 Wildlife tenure and use rights 2.4 Wildlife management planning 2.5 Wildlife conservation 2.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 2.7 Human-wildlife conflicts 2.8 Law enforcement 3. DEMOCRATIC REPUBLIC OF CONGO 3.1 Overview of the legal framework 3.2 Institutional setup and role of stakeholders 3.3 Wildlife tenure and use rights 3.4 Wildlife management planning 3.5 Wildlife conservation 3.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 3.7 Human-wildlife conflicts 4. LESOTHO 4.1 Overview of the legal framework 4.2 Institutional setup and role of stakeholders 4.3 Wildlife tenure and use rights 4.4 Wildlife management planning 4.5 Wildlife conservation (protected areas, protected species, impact assessment) 4.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 5. MADAGASCAR 5.1 Overview of the legal framework 5.2 Institutional setup and role of stakeholders 5.3 Wildlife tenure and use rights 5.4 Wildlife management planning 5.5 Wildlife conservation (protected areas, protected species, impact assessment) 5.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 6. MALAWI 6.1 Overview of the legal framework 6.2 Institutional setup and role of stakeholders 6.3 Wildlife tenure and use rights 6.4 Wildlife management planning 6.5 Wildlife conservation (protected areas, protected species, impact assessment) 6.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 6.7 Human-wildlife conflicts 7. MAURITIUS 7.1 Overview of the legal framework 7.2 Institutional setup and role of stakeholders iv FAO Legal Papers Online September 2010 7.3 Wildlife tenure and use rights 7.5 Wildlife conservation 7.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 8. MOZAMBIQUE 8.1 Overview of the legal framework 8.2 Institutional setup and role of stakeholders 8.3 Wildlife tenure and use rights 8.4 Wildlife management planning 8.5 Wildlife conservation 8.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 8.7 Human-wildlife conflicts 8.8 Law enforcement 9. NAMIBIA 9.1 Overview of the legal framework 9.2 Institutional setup and role of stakeholders 9.3 Wildlife tenure and use rights 9.4 Wildlife management planning 9.5 Wildlife conservation (protected areas, protected species, impact assessment) 9.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 9.7 Human-wildlife conflicts 10. SEYCHELLES 10.1 Overview of the legal framework 10.2 Institutional setup and role of stakeholders 10.3 Wildlife tenure and use rights 10.4 Wildlife management planning 10.5 Wildlife conservation 10.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 10.7 Enforcement 11. SOUTH AFRICA 11.1 Overview of the legal framework 11.2 Institutional setup and role of stakeholders 11.3 Wildlife tenure and use rights 11.4 Wildlife management planning 11.5 Wildlife conservation (protected areas, protected species, impact assessment) 11.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 12. SWAZILAND 12.1 Overview of the legal framework 12.2 Institutional setup and role of stakeholders 12. 3 Wildlife tenure and use rights 12.4 Wildlife management planning 12.5 Wildlife conservation 12.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 12.7 Enforcement 13. TANZANIA 13.1 Overview of the legal framework 13.2 Institutional setup and role of stakeholders 13.3 Wildlife tenure and use rights 13.4 Wildlife management planning 13.5 Wildlife conservation (protected areas, protected species, impact assessment) 13.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 13.7 Human-wildlife conflicts v FAO Legal Papers Online September 2010 14. ZAMBIA 14.1 Overview of the legal framework 14.2 Institutional setup and role of stakeholders 14.3 Wildlife tenure and use rights 14.4 Wildlife management planning 14.5 Wildlife conservation (protected areas, protected species, impact assessment) 14.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 14.7 Human-wildlife conflicts 15. ZIMBABWE 15.1 Overview of the legal framework 15.2 Institutional setup and role of stakeholders 15.3 Wildlife tenure and use rights 15.4 Wildlife management planning 15.5 Wildlife conservation (protected areas, protected species, impact assessment) 15.6 Wildlife utilization (hunting, eco-tourism, ranching, trade and other uses) 15.7 Human-wildlife conflicts 15.8 Law enforcement Annex I - LEGISLATION REVIEWED BIBLIOGRAPHY vi FAO Legal Papers Online September 2010 INTRODUCTION 1. General background adequate evaluation of legal frameworks should involve consideration of many factors, such as overall government There is a wide variety of interests to be objectives and their degree of balanced in wildlife management.