INTRODUCTION
“Loss of biodiversity in the last millennium triggered the 2010 theme of the world Tourism Day “Tourism and biodiversity”. Many animals like passenger pigeon, quagga,and auroch have gone into extinction and many more like rhino, jaguar, tiger, coelacanth (fish), python, bison, forest owlet,pink-headed ducks, Himalayan mountain quails” are in the danger list of extinction due to the activities of poachers and environmental pollution.”
The world is replete with indices of imperishable contributions and values, which game (animal), have made to human development and life. Numerous species of game have been profitably utilized in all spheres of human life.
The history of man is full of indications of the significant role which animals have played in his development and life. Several species of animal have been used for traction, as a source of power and for transport. Animals have been the source of a range of materials used for clothing, tools, adornment, domestic and furnishing and other materials. For example, the Civet Cat (Eta) has glands near the tail which produce a nauseating oily substance. This oil is a fixative for scent and is used in the cosmetic industry as a base for perfumes.
Animals are also used for feed, fertilizer, predator control, religious practices, research and medicine. On sports and pleasures, in several ways, man has derived pleasure and entertainment from animals. Thus, dogs have almost certainly become man’s longest standing companion and have served admirably as a guard animal and for controlling and herding other animals for man and helping in hunting. Dogs have reportedly saved child’s life from the attack of mamba (a large poisonous snake), assisted deaf, blinds, lames and elders.
Dogs have brought about revolution in the early diagnosis of cancer by smelling samples of people’s breath captured in a special tube, detect cancers of the lung and breast even in their earliest stage and can do so at a level of accuracy rate of between 88% to 97%1.In Tanzania
For sport lovers, memory of dog’s contribution will remain evergreen. The old and first trophy of world cup which was stolen in 1966 during a public exhibition in Westminster London Upper Norwood , South London .
Reportedly, Target, a two year old tawny-coloured mongrel of German Shepherd cross bitch rescued US soldiers serving in Afgahnistan after she alerted them to an attack in February 2010 by barking at a suicide bomber about o blow them up with 25 pounds of explosives. But for the dog’s intervention, the bomb attack could have killed as many as 50 US
There is not the slightest doubt, that when farmer is convinced that the beneficial species of hawks and owls are his friends, he will demand their protection. Animals also do a lot on education because, the sparrow, from the moment of leaving the nest, begins to manifest its bright and joyous disposition by singing merrily all day, no mater how inclement the weather nor how scanty its supply of food, teaching us a lesson of contentment more effectually than could some of our greatest philosophers.
The gorillas and elephants are doing the world a great service. Large mammals such as elephants and gorillas are keystone species in their ecosystem. Gorillas in the rain forests are gatherers and second to elephants in the number of seeds they disperse each day in the forests of Africa. The apes and elephants of Africa disperse some 7 billion seeds every day. When eating fruits and seeds, the seeds pass through their system and are in this way prepared for germination thereby ensuring the survival of forests and maintaining environmental health. In building nests, gorillas break off branches and create gaps in the forest canopy that allows sunlight into the forest floor enabling smaller plants to grow.
But despite the foregoing, man’s inhumanity to animals remains strong and unabated. These inhumanities are rooted in the gross abuse of animal rights which various municipal and international legislation seek to protect. For example, in England, one hundred million animals die every year in the world’s laboratories, many in excruciating agony. Beagles were force-fed weed killers and after days of agony they died. The eyes of kittens are sewn shut in order to study their response to a permanently dark world.
Today, man’s encroachment on animal rights is dealing a devastating blow to the survival of the animal. Here is another instance of man, ruining what God has entrusted to his care. The tragic loss of biodiversity is largely due to the ruinous hand of man. Surely, the time must be fast approaching when God will “bring to ruin those ruining the earth”.
If wildlife or game is seen as not being able to generate revenue for government, it is not because the resources itself is without intrinsic value but largely due to their poor management and almost unrestricted encroachment on their habitat. Apart from the revenue generation purpose, game is most instrumental to the development of science and technology. The development of radar is not unconnected with the science of echolocation in bats.
Bats specialized hearing allows it navigate in the dark and catch insects by means of echolocation or sonar. The breadfruit tree which produces male and female flowers in separate clusters depends on small fruit-eating bats for pollination and seed dissemination. The other birds equipped with this are swift lets of Asia and Australia and oil birds of tropical America as they have the ability to navigate in the dark caves where they roost.
Elephants and cattle’s hearing in the infrasonic range have given early warnings of earthquakes and severe weather disturbances both of which emit infrasonic sound. Tsunami is an example of this. The Japanese bullet train owes it success in terms of speed and less boom to kingfisher as the front is patterned along the kingfisher’s unique beak. The idea of night scope Mono/Binoculars was borrowed from the night vision ability of owls. In Medicine, test of leprosy drugs on armadillo (Aka; Akika) is possible because it is the only other known animal that suffers from the ailment apart from man. However, other game contributions to human and natural resources, which are not usually reflected in official economic indicators, include, but not limited to, the following:
· contributions to new domestic species, for example domestication of eland in Kenya, water buffalo in Brazil, emu (ostrich-like bird) in Australia;
· Use of game species to improve domestic lines-for instance most dogs breeds of the world are products of these contributions;
· Contribution to livestock industry; and
· Biological control of pests by wild species- for example owl, hawk, etc.
Game contribute to consumptive use as sizeable number of them are edible and of high medicinal value while some parts of the game are processed into the making of jewelry. For instance, lion’s fat and forehead are used for medicine and skin for decoration. Elephant dropping for stomachache, tail hair for ear pain, tusks for jewelry and drugs, eyes for medicine. African civet-cat’ secretes nauseating oil substance used for territorial marking, hartebeest’s skin for decoration and bone for drug. Roan antelope’s brain is for medicine and skin for decoration. Water buck placenta is for medicine and horns for decoration2.
Rhino’s horn is for medicine and on black market; it is worth more than its weight in gold. In fact, Rhino horn is most sought after in the Middle East, a dagger with a rhino-horn handle is highly prized that buyers pay as much as 580 U.S Dollars for a handle of new horn and 1,200 U.S. Dollars for a handle of antique horn chemical tests have proved that there may be truth in the assertion that rhino’s powdered horn may reduce fever if administered in quantity higher than those found in the current remedies.
In several ways, man has obtained pleasure and entertainment from different game species. For examples, bird watching is a silent foreign exchange earning and an attractive sport for tourism. In 2001, Nigerian National Parks generated N30.276 Million through ecotourism activities and sale of publicity materials. About 900 species of birds have at one time or the other been recorded in Nigeria. This forms almost 40% of about 2,200 different species of birds, which occur in Africa3. This places Nigeria among the top ten countries in bird species diversity in the Afro-tropical region.
Apart from the foregoing, the benefit of good game management include stabilizing hydrological systems; protecting soil; ensuring climate stability; conservation of renewable resources; protecting genetic resources; preserving breeding stocks, population reservoirs and biological diversity; maintaining the natural balance of the environment; supporting tourism and recreation; creating employment opportunities and providing facilities for research education.
Even if the habitat of game species contributed nothing to education, the trumpet of elephant, bray of donkeys, buzz of bees, croak of frogs, roar of lion, chirp of birds, gobble of turkeys, neigh of horses, moo of cows, cackle of hens, miaow of cats, crow of cockerels, gibber of apes, chattel of monkeys, coo of doves, bleat of lambs, hoot of owls, laugh of hyenas and hiss of snakes, at least enrich our dictionary of the unique collocations.
Despite the imperishable values of these game species, man’s handwork on their destruction remains strong and unabated whilst legislation and their enforcement on their management and conservation also remain haphazard. For instance, twenty- one of the birds found in Nigeria are know to be under various degrees of threat. Two of the species involved- Anambra Waxbill and the Ibadan Malimbe occur only in Nigeria and nowhere else in the world4. Birds positively affect our lives in more ways than are obvious to many people.
For example, bird feathers are significant components of our numerous traditional regalia. Birds’ remains are utilized in some traditional naturopathic remedies. Chicken soup has long been used as a folk remedy for respiratory ailment such as colds particularly when adding garlic, onion and hot spices like chili peppers. Chicken like most protein foods, contains a natural amino acid called cysteine, which is released when soup is made. Cysteine bears a remark able-chemical similarity to a drug called acetylcysteine which doctors prescribe for patients with bronchitis and respiratory infections. This drug, originally derived from chicken feathers and skin, is a mucolytic that is, it thins down and promotes the flow of mucus from the nose, throat and lungs. Chicken soup acts in much the same way. Birds feature prominently in folklore, proverbs and other socio-cultural aspects of Nigerian life and some parts of the world.
Birds have ecological, scientific, economic and aesthetic values which can benefit people if properly managed. They are good indicators of all forms of biodiversity and the health of environment. For example, the commencement or timing of farming activities in many rural communities of Northern Nigeria is closely linked with the migratory movement of the abdim’s stork, locally regarded as the “rain bird” in the area. This bird serves as a natural calendar for rural farmers to start land preparation at the appropriate time. The parrots known to have the ability to imitate sounds have been reported to have rescued their Chinese owner- Yaun from the attack of robbers when they started imitating the blare of police siren as the robbers took to their heels when they heard the noise5. The two species of weevil that eat water hyacinth saved the economy of Republic of Benin6 in combating the scourge of water hyacinth that kills fish, interferes with boats, changes the ecology of lakes and provides cover for crocodiles posing danger for people.
It suffices to state at this juncture that game is a form of renewable natural resources, which if properly managed can guarantee a renewable source of energy. As a flow resource, depending upon how they are managed, it can either be depleted, sustained or increased.
The decline of big game like tigers, whales and elephants is common due to human’s ruinous hands. For example, jaguars, the top rain forest predators, help control populations of smaller mammals many of which feed on fruits of forest trees. In the absence of jaguars, smaller mammals may increase in number and over-harvest the forest fruits stifling the regeneration of certain tree species and, over a time, changing the forest’s composition confined to a few restricted areas where it benefits a relative security.
In spite of the foregoing cruelty to animals is rife in many quarters in the name of sport and for centuries, man has pitted animal against in the name of sport with gambling often a driving force unfortunately, the Nigerian Government and (federal and state) and its agencies fell easy prey to the deceit of the perpetrators of this dastardly acts by awing nod to animal fights as traditional sport. Recently, the Governor of an endangered specie Lagos was reported to have given nod to Rain fight competition in Shomolu Local Government and Amuwo Odofin Local Council Development Area in addition to the earlier nod in respect of Oshodi Local Government. One wonders why Nigerian government draws back the hand of modern civilization advocating a synergy of harmony and peace in the environmental world.
As far back as 1641, the world had articulated laws that regulate the treatment of animals and production of cruel acts which were the order of the day in Central America, Southern Philippines, Russia, Spain, England and other counties of the world. In the Central America cock fight, the rooster’s legs are strapped with a razor-sharp blade. A referee picks up the two birds. One is limp, dead or dripping blood and the fight is over. In the southern Philippines, two stallions pitted against each other suffer bites on the ears, neck, snout and other body parts. Although both may leave ring alive but one of them may be maimed or blinded or suffer injuries that will eventually cause death. In Russia and England, during dog fight, the two dogs attacking each other have their eyes torn out and ears ripped up, they move around on mutilated legs and blood flows from gashed flesh.
In the same category are bull fights in Spain, particularly during San Isidro festival. The situation here is even worse as the ranchers administer on their bulls drugs such as corticoid, steroids and tranquilizers to the extent that the organizers in May 2008 ordered that anti-doping test be carried out on any bull suspected to have behaved abnormally in the ring and a fine of 95,0007 U.S Dollars imposed on the rancher found wanting. What madness!
Poaching is still a serious threat to many game species. The method is cruel and wasteful. The plaque of game management is the indiscriminate use of inefficient weapon, which injures considerable population of game, more than it kills. The human population of the world is now increasing at an unprecedented rate but it is difficult for the so-called civilized and developing countries to make sacrifice for the control of the vices such growth has on the loss of wildlife.
The natural resources of the world are not inexhaustible. Not only must we have the material to feed, clothe and shelter ourselves, but also a pleasant environment in which to live.
Habitat loss is the single largest problem created by mankind through conversion and fragmentation of forests, thorn scrub, coral reefs, and rivers and many other habitats that game species call home. Albeit, habitat loss receives the most attention on land for example an old great forest is converted to a uniform timber plantation or a farm hedgerow leveled to make room for more crops, it is an equally severe problem under water. Fresh water systems worldwide have been heavily altered by drainage and channelization projects; tens of thousands of dams and wide spread agriculture and industrial pollution.
Apart from flourishing ‘bush meat’ trade in Central and West Africa, the booming demand in East Asia for traditional medicinal products derived from animals for example rhino’s horn, bear bile and others, calls for concern. According to the world wildlife Fund, in 1970 there were about 65,000 black rhino in Africa. As at 1998, there was fewer than 2,500 making rhino endangered specie. In Nigeria, the shamelessly incessant display of vermin at Ife-Ibadan, Benin-Warri, Ibadan- Abeokuta expressway as a result of the savage role of pot and market hunters, game dealers and poachers who have shutdown their conscience is pathetic. In this connection, the efficacy of our Endangered Species Act is called to question.
Side by side with the opening up of the African continent to colonization came the inroads of human settlers, farmers cultivating the land and raising cattle. In places where formerly the big fauna of Africa had been practically inaccessible to man, the situation, drastically changed by the 10th century. Barely a century ago, were extensive Nigerian areas still the exclusive realm of wild fauna. Setting out from the thinly scattered villages, groups of armed men ventured out on occasions, and then, with great caution. Now, the situation is reversed. Improvements in transportation and in weapons, development of agriculture and especially of marketable crops, have brought about such an extension of human settlements that all the wildlife has to be confined to a few restricted areas where it enjoys only very relative security and from which the animals dare not stray at night.
In other areas, game has been accused of carrying most cattle diseases and even some human infections. Roving elephants have repeatedly destroyed crops and have even trampled people to death. In the face of such argument, the sole remedy has been a methodical, general and indiscriminate slaughter of the country’s wildlife yet it has been discovered elsewhere in African that the chili pepper plant is a deterrent to elephant’s rampage. This plant is cultivated along park borders. Elephants are repulsed by the plant's odour and they draw back in disgust. In the name of game control, systematic destruction has taken place in numerous areas.
In case of cruelty, the promoters of animal fighting sports claim to love animal they brutally cause to suffer or die. Some even defend their dastardly act as a better option than killing them for man’s delicacy. Better option indeed! What about the unnecessary sufferings inflicted in the hapless creatures all in the name of gambling and betting under the guise of sport.
Long before the present population explosion, many governments pillaged forests in their desire for power and riches. For instance the British Empire’s need for timber to build ships led to the destruction of Britain’s own oak stands, other forests were cleared for rubber, coffee and cocoa plantations. The destruction of natural environment of these animals, that is, forests which provide habitat for wildlife, has been the most decisive factor in the catastrophic diminution of Nigeria’s wildlife within and outside the reserves. Hence “to destroy their habitat is as unnecessary as it would be to pull down a great cathedral in order to grow potatoes on the site”.
The main danger to the forest in Nigeria is from the inadequate regulation and sometimes uncontrollable exploitation. This stems from the difficulties of State Forestry Departments in resisting political pressures for timber licences and for reducing the length of felling from accessible forest.
Another inhibiting factor in forestry development is the practice of mining the forest without corresponding investment. Forest is the best habitat for wildlife because it has been least disturbed. The mass destruction of the natural forest has therefore been accompanied by mass destruction of wildlife, so much that a large number of the species of fauna are now endangered, that is, getting near extinction. It is an attempt to conserve the remaining wildlife resources that caused the promulgation of wildlife and environment related laws now being implemented with the hope of tremendous success.
On livestock, the greatest inconvenience suffered by animals during transport is probably the long period they have to go without food or water. Long journeys place great strains on animals’ digestive systems; some animals will not eat and drink in the strange environment and surroundings associated with travel until they are very hungry and thirsty.
On long journey, young calves particularly suffer through missing a meal for they are not well equipped to withstand stress. Their energy demands are high for their size and they have no reserves of fat on which to draw. The common practice of allowing a calf a large feed of milk before a journey cannot be advised and does not compensate for missed meals.
Feeding pigs immediately before travel may be prejudicial to their health. As pigs are paid for on a live weight basis, some farmers give their pigs their normal morning feed before being sent to the slaughter house. This is unfair not only to the purchaser, who is paying for food which will not be converted into meat by the time the animal is slaughtered, but to the pigs which travel much better and more comfortably if not fed before a journey. There are many other inconveniences peculiar to different livestock on long journeys.
This book is realities of deep seated ambition to produce a ground-work on Legal Frame work for Animal Rights and Game Management in Nigeria because knowledge has shown now in the country, that there is no major book on Animal Rights. It is designed to offer a fairly comprehensive statement of Animal Right laws and it also aims at offering a fairly comprehensive statement of the legal intricacies and dictates of management of game species as a component of the nation’s natural renewable sources of energy for sustainable development and the benefit of Nigeria. The book attempts to present both as they currently operate in Nigeria to the naturalists, industrialists, game dealers, business executives, Animal Rights’ defenders nature friendly institutions and journalists who require some knowledge of Animal Right law. It is also undertaken in order to facilitate co-operation for the purpose of preventing the extinction of fauna and flora and to examine the workings of local legislation, conventions as well as the question of any improvement which might be made to them.
It is expected to contribute to new legal jurisprudence and emerging world policies which have now become a force to be reckoned with, particularly as they relate to the dangers of widespread environmental pollution and to facilitate a forum from which the purpose of preventing the extinction of natural fauna and polluted environment can be profitably assimilated. It also examines the operational framework of local legislation, conventions as well as suggestions for an enduring game management as a form of renewable resource.
The unprecedented upsurge in human population is swiftly and inelegantly unrolling across the world in a way that would hardly have been thought possible in the beginning of a century ago. Almost irredeemable destruction of the natural forest and its resources are most manifest in the developing countries with Nigeria whose population is estimated at over 140 million arising from the last population census exercise conducted in 2006, contributing to a sizeable proportion of the sad development.
Today, federal, state, local and private agencies keep a close watch on the population and health of all the game species, so that misuse or mismanagement of this renewable natural resources is almost put on hold, although, the outcome of these agencies’ efforts have not been quite impressive due to the gross indiscriminate killing of animals in some of the unreserved areas or even in reserved areas without efficient legal restrictions of poachers or supervision of licensed hunters. In other words, legal restrictions, such as those limiting open seasons controlling hunting methods, protecting female animals, breeding seasons and accessibility of landowners to game species found on their lands, are not adequately enforced.
We may however take solace in the recent activities of both governmental and non-governmental agencies like IBA (Important Bird Area Project), NCF (Nigerian Conservation Foundation) Environmental Right Action (ERA). For instance, two monkeys smuggled out of the country to the Philippines in 1995 were retracted into the country through the efforts of FEPA in 19978.
Lufthansa German Airline (L.G.A.) whose logo is the Crane, a bird species, demonstrated its commitment to game management and protection when it flew back free of charge, two drill monkeys stolen from Nigeria. Since 1970s for example, L.G.A has been involved in the efforts to protect the Crane together with the WWF Germany and the German Airline Conservation Association. Lufthansa’s most recent project is a Crane Information Center near Stralsund in Mecklenburg Western Pomerania.
No matter how injurious or damaging wild animals are to humanity, it is beyond disputation that very often, man is the cause of their undue destructiveness when destroying its crops, and they are only following the instincts with which they have been endowed by the creator. Ruled by all- wise laws, every animal fills its divinely appointed place exactly, existing not alone for itself but form a necessary part of the vast system of nature. To some extent, modern civilization makes interference with nature inevitable but also not difficult to sustain their existence. The study of their habitat is essential for their sustainable yield.
Furthermore, if half of all the species on earth should disappear, new sources of scientific information will be lost. Vast biological wealth will be destroyed. The Plaints that grow are not for man’s use alone. God said: “To every wild beast of the earth and to every flying creature of the air and to everything moving upon the earth in which there is like I have given all green vegetation for food”9
In addition to the above, God’s concern for the preservation of species was shown by his having pairs of living animals taken into the ark at the time of the flood of Noah’s day. That concern was also evidenced on the law of covenant, when God commanded that the bull that trod out the grain was not to be muzzled. It has the right to eat some of the grain. A bull and an ass were not to be yoked together to plow. That would be unfair to the smaller, weaker animals. A neighbour’s beast of burden was to be helped if it was in distress, even if its owner was one’s enemy and even if it meant doing some work on the Sabbath. The eggs or the young could be taken from a bird nest, but not the mother bird. It had to be left to continue the species.
Owing to the passivity or unenforceability of some direct and direct legislation on game management in Nigeria, and the dearth of judicial pronouncements on the relevant Animal Right, the primary sources made use of in this book are foreign judicial decisions in other jurisdictions, statutes and conventions whilst the secondary sources of information utilized included newspapers, magazines, journals, articles and textbooks.
This book is divided into seven chapters apart from the Introduction and Conclusion. Chapter 1 focuses on the notion and concepts of Animal Rights, Game Management, Energy and Natural Resources with reference to various relevant definitions, brief history of energy and natural resources discoveries in Nigeria.
The second chapter is concerned with the legislation and their implications on the Animal Rights, fragile assimilation of the benefits attributable to the environmental protection, conservation, preservation and management of the resources for nation’s development. Under this chapter, activities of governmental and non-governmental agencies are critically examined particularly the efforts of Nigerian Conservation Foundation, Important Birds Area Project, Federal Environmental Protection Agencies, National Parks Service etc.
Chapter three deals with the relevant International Conventions, that have bearing on the spirit of good game management and which conventions have at one time or the other acceded to by Nigeria.
The fourth chapter makes an incursion into what obtains in other jurisdictions with particular reference to Europe, America, Oceania and some African Countries like Kenya, Tanzania, South Africa, Namibia, Zambia, lvory Coast, etc.
Chapter five is devoted to the development question attributable to animal rights and game management. Whilst chapter six deals with the problems associated with the rights and management of animal with suggested solutions and recommendations for the betterment of the nation, the present and future generation of Nigerians.
Chapter seven concludes on the recent natural disaster in Indonesia “Tsunami” and the lessons taught by the bitter experience.
END NOTES
1. Punch Newspaper – December 4, 2005 Page 44.
1a. AIT Television “Kakaki” edition of Thursday, the 26th April, 2007
2. Yankari National Park Library.3. The Post Express, Wednesday, October 9th, 1996 Page 20.
4. Ibid.
5. Tell Magazine, May 19. 2008
6. Awake Magazine, June 22, 2002 Page 29.
7. Tell Magazine, May 19, 2008 Panorama Page.
8. NTA News Line, 3rd August 1997. .
9. Genesis 1:30-31.
* The Independent Wednesday 17 November, 2010.
No comments:
Post a Comment