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 2/28/2019

PURPOSE OF PRESENTATION EXPLAIN THE CONTENTS OF AND THE NEED FOR PARLIAMENT TO RATIFY THE SADC WILDLIFE PROTOCOL 2/28/2019

BACKGROUND TO THE PROTOCOL 2/28/2019 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 2/28/2019

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 2/28/2019

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 2/28/2019

ARTICLES OF THE PROTOCOL 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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019

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 2/28/2019