THE LAW AND THE POACHING MENACE IN AFRICA
30th April 2016 marked the blazing of 105 tonnes of ivory in Kenya which represented about 7,000 dead elephants. This was the most significant demonstration against poaching in Kenya and the region at large and the largest destruction of illegal wildlife products in history. It is estimated that 30,000 elephants mostly in Africa, are killed a year. In the Democratic Republic of Congo, the Garamba Park that was declared a world heritage site in 1980 has been widely afflicted by poaching and illegal ivory trade. The last white rhino in the park was seen years ago whereas 90% of the elephants in the park are gone.
According to the African Wildlife Foundation, the elephants, rhinos and other African wildlife may be extinct by the end of this generation at the current rate of poaching. The AWF further presents alarming statistics that show that the black rhino population is down by 97.6% since 1960, fewer than 900 mountain gorillas remain, up to 35, 000 African elephants were killed last year and approximately 2, 000 Grevy’s zebra remain. These are grave statistics that show the urgent need to ensure conservation and curbing of poaching in Africa.
The demand for ivory and rhino horn is very high especially in Asia, where they are utilized to make ornaments, souvenirs and traditional medicines. However, in addition to Asia’s demand for ivory, the national parks and other areas with wildlife population are mired by various challenges. For instance, the poachers are stocked with high level and technical weapons whereas rangers and security officials may be stocked poorly or not at all. Therefore, in most parks, it takes a while before the rangers finally discover that animals were poached.
Furthermore, the number of park rangers are inadequate compared to the number of animals in need of protection. The parties who are most involved in poaching include rebels in the different African countries as well as organized crime syndicates. This proves overwhelming to the park rangers who are very few compared to the onslaught of attacks by the poachers from various fronts.
But what has been termed as the single biggest cause of the increase of elephant poaching is corruption. To facilitate the trafficking of this illegal ivory from various countries to Asia, the ports of Dar es Salaam and Mombasa have been highly instrumental. For example, in the port of Mombasa known as the hub of illegal African ivory smuggling, the ivory is smuggled through camouflage of items that are usually imported such as sugar or tea leaves.
Nonetheless, the means through which this trade process; from the poachers to the middlemen to the traffickers satisfying the demand in Asia, takes place is shrouded in secrecy through corruption. Security officials at all levels leading to the port are paid off to turn a blind eye to the illicit business at the port. This collusion is as a result of greed by the officials with further underlying issues such as the fact that they feel their salaries are not enough thus resorting to accepting bribes.
Even though poaching affects the environment negatively, it has greater ramifications on the rule of law, economic development as well as national security. This is due to the fact that corruption and the poachers’ disregard for the laws in place forbidding poaching, ultimately lead to weakening and undermining of the rule of law. In the 67th UN Meeting in 2012, wildlife crimes were recognized for the first time for their ability to undermine the rule of law.
Thus, it is apparent that states should strengthen their criminal justice systems to combat this phenomenon. It should be a major objective to increase law enforcement responses to wildlife crimes. Additionally, policies should be put in place by the governments to ensure that wildlife is protected through recruiting, training and equipping rangers to perform their duties adequately. The public should be educated accordingly on the need to conserve the wildlife population and not to partake in poaching activities.
Perhaps the most vital requirement is to put in place efficient laws which ensure that wildlife is protected and which put poachers and contributors to the wildlife crimes to account. It goes without saying that these laws should be enforced and that the rule of law should be strengthened accordingly. Promoting and investing in anti-corruption measures both at national and regional levels can go a long way in achieving this objective.
The extent of poaching and illegal trade coupled with the dwindling number of precious wildlife species should trigger all of us into action and measures put in place to ensure that our animals which are an important part of our heritage and important for our eco-system are jealously protected. Good laws without enforcement will not help us fight this menace…over to you all enforcers; play your part and only then shall the rule of law be respected and strengthened.
Peter Wendoh & Ikram Ali, May 2016