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

1. 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)

2. 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

3. INTRODUCTION • Effectiveness of the legal system is in its ability to be enforced. • If not enforceable, then it ceases to be law but advice.

4. When law becomes an advice

5. LEGAL REGIME GOVERNING ILLEGAL HUNTING ANDBUSHMEAT TRADE • International conventions ratified by state parties. • Constitution • Wildlife policy • Statutes or Acts of parliament • Regulations

6. INTERNATIONAL CONVENTIONS • The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) • Convention on Biological Diversity

7. 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.

8. 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.

9. 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 .

10. CUSTOMS ACT • Custom laws allows impounding of contrabands. • Prosecution of of illegal trader in Wildlife products.

11. SHORTCOMINGS • Inadequate coordination among law enforcement partners. • Corrupt practices. • Poor record keeping on antecedent of the accused persons

12. 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 .

13. 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.

14. 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.

15. 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.

16. 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.

17. BEAN CONTACT • WEBSITE: www.bushmeatnetwork.org