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 impounding
of 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