CHAPTER 3
"Sadly, even since the 1992 Earth Summit in Rio de Janeiro, 11.4 percent of the earth's natural environments have been converted mainly because of ignorance of what is being lost and a desire for short-term financial gain.Ten years later at the World Summit on Sustainable Development held in Johannesburg, no clear solutions were forthcoming to resolve the dilemma."- Awake June 8, 2004.Page 31.
INTERNATIONAL CONVENTIONS AND ORGANISATIONS ON ANIMAL RIGHTS AND GAME MANAGEMENT
1. CONVENTION FOR THE PROTECTION OF FAUNA AND FLORA OF AFRICA 1933 AND 1949
On the initiative of Great Britain, the first international conference that culminated in the signing of a convention later ratified by the majority of countries responsible for the administration of African territories was convened in London as a result of great concern expressed by many right thinking persons about the then increasing and alarming impoverishment of wildlife in Africa.
On that occasion, King LEOPOLD III, then Prince LEOPOLD of Belgium made the famous speech considered by many to be the foundation and charter of Nature Protection in Africa.
The London Convention recommended the establishment of Nature Reserves and National Parks in the territories administered by the contracting government. It laid down certain principles concerning the traffic in skins of wild animals and prohibited certain hunting methods. It also defined the protection to be granted to some threatened species, which were listed under class A and class B.
Moreover, meetings were to take place periodically in order to facilitate co-operation for the purpose of preventing the extinction of natural fauna and flora and to examine the working of the Convention as well as the question of any improvements, which might be made to it.
In 1939 and 1940, a further Conference was to be convened and charged with the preparation of a similar convention for the pacific area and for the far East. Although, the war prevented this project from being carried out, the impetus given yielded positive result as in 1940, the American Republics signed the Washington Convention on the same line as the 1933 Charter aimed at providing better conservation measures for the fauna and flora of the entire American Continent.
In 1949, the International Conference for the Protection of Nature held at Lake Success Jointly by UNESCO and the International Union for the Protection of Nature (IUPN) passed a resolution stressing the need to hold a further meeting of the signatories of the London convention.
These Conventions led to (1) the promulgation of judicious hunting regulations to control and halt wherever possible the useless slaughters of wild animals by African countries including Nigeria and (2) the setting aside of biotopes selected for their quality, which meant the establishment of Natural Reserves and National Parks where strict measures would be in place:
a. That species should be safeguarded;
b. That natural communities should be left undisturbed and systematically observed; and
c. That visitor should be allowed access under special conditions to areas which had remained or become specially attractive through the abundance of wildlife.
2. AFRICAN CONVENTION ON THE CONSERVATION OF NATURE AND NATURAL RESOURCES, 1968
The Convention provides that the Heads of State and Government of Independent African states meeting in Algeria on 15th September, 1968 acknowledged that soil, water, flora and fauna resources constitute a capital of vital importance to mankind, and that the utilization of the natural resources must aim at satisfying the need of man according to the carrying capacity of the environment. It was suggested that there should be individual and joint action for the conservation, utilization and development of these resources by establishing and maintaining their rational utilisation for the present and future welfare of mankind. Nigeria adopted this Convention on 7th May, 1974.
To achieve the above objectives:
ARTICLE 5 provides that the contracting parties should establish policies for conservation, utilization and development of underground and surface water and endeavour to guarantee for their populations a sufficient and continuous supply of suitable water.
ARTICLE 6 provides that they should take all necessary measures for the protection of flora and to ensure its best utilisatoin and development.
The aforesaid Articles of the convention seek to conserve the game species in their natural environment and against unnecessary human encroachment on their natural environment.
ARTICLE 7 provides that they should ensure conservation, wise use and development of fauna resources and their environment, within the framework of land-use planning and of economic and social development.
ARTICLE 8 provides that they should recognize that it is important and urgent to accord a special protection to those animal and plant species that are threatened with extinction, or which they may become so, and to the habitat necessary to their survival, and where such a species is represented only in the territory of one contracting state, that state has a particular responsibility for its protection.
ARTICLE 9 provides that they should regulate trade in and transport of specimens and trophies in the case of animal species to which Article 8 does not apply. Article2 (2) defines “specimen” to mean an individual example of species of wild animals or wild plant or part of a wild plant. The definition of “trophy” is provided for under Article2(3) to mean any dead animal specimen or part thereof whether included in a manufactured or processed object or otherwise dealt with, unless it has lost its original identity, it includes nests, eggs and egg shells.
ARTICLE 10 provides that the contracting states should ensure conservation of all species in the appendix to the convention.
In view of the existence of certain customary rights which may impede the objects of the Convention ARTICLE 11 mandates the contracting states to take all necessary legislative measures to reconcile customary rights with the provisions of the Convention.
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF FAUNA AND FLORA 1973 (CITES)
CITES is an international agreement between 167 member states. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of animals and plants. About thirty-three animals and plants are protected under the agreement. They include mammals, birds, reptiles, amphibians, fish, invertebrates and plants.
Having recognised that wild fauna and flora in their many beautifully varied forms are in danger of extinction, the contracting states resolved to protect the endangered species from over exploitation through a system of import and export permits. The indentified species were listed under Appendices I, II and III. Nigeria acceded to this convention on 1st July, 19751.
Provisions are made for national and/or international measures to be taken in respect of violation of the Convention. ARTICLE 8(1) provides that: ”the parties shall take appropriate measure to enforce the provisions of this present convention and to prohibit trade in specimens in violation thereof. These shall include measures (a) to penalize trade in, or possession of such specimens or both; and (b) to provide for the confiscation or return to the state of export of such specimens”.
ARTICLE 13 makes provision for international measures. Subsection (i) of the Article 13 provides for the direction of information on inadequate implementation of some provisions relating to the animals in Appendix I or II to the authorised management authority on receiving such an information will, inform the secretariat of any relevant fact and propose remedial action. Subsection 3 provides for the review of such information as given by the party in the subsequent conference of the parties which may make whatever recommendation it deems appropriate.
Nigeria has not incorporated Appendix III of the Convention into the Decree No. 11 of 1985. The 10th session of the Convention on International Trade In Endangered Species (CITES) took place in June – 2002 in Harare and the next slated for Chile.
The last session of the Convention witnessed a call and lobby particularly African countries not to down list the status of the African elephant from current CITES Appendix I to appendix II.
Under Appendix I, the trade of ivory and other elephant products is absolutely forbidden, while Appendix II legalises limited ivory trade including raw tusks of ivory.
Recently, Zimbabwe, Botswana and Namibia have put forward a formal proposal to the CITES, demanding the resumption of the ivory trade on the ground that the over-populated mammals pose a danger to the environment and local residents. Conversely, Nigeria is just putting up measures2 to the strengthening of CITES enforcement at the nation’s ports or border; the maintenance of a moratorium of the issuance of CITES permits instituted since 1999.
The African Elephant was placed on CITES Appendix I as an endangered species in 1989 following a vote of the overwhelming majority of CITES members, including the three counties and other thirty-five African states.
The African continent was losing an estimated 70,000 elephants annually to meet the world demand for ivory prior to the 1989 ban.
In October 2004 at the 12th meeting of the conference of CITES held in Bangkok the conference adopted decision to strengthen wildlife management, combat illegal trafficking and update the trade rules for a wide range of plant and animal species. The conference decided to place “Ramin” (a South East Asian tree that produces high-value timber) and Agar wood (which produces “agar” oil) on Appendix II by requiring the use of CITES export permits. The great White Shark and the hump head Wrasse, two fish species of great commercial value were also added to CITES and can now be traded with permits.
Another marine species, the Irrawaddy Dolphin was transferred from Appendix II to Appendix I which forbids all commercial trade. In recent years CITES has started to list commercially valuable fish species such as sturgeon, seahorses, and the basking and whale sharks. The African Elephant was made the subject of extensive debate and the conference agreed to an ambitious action plan for cracking down on unregulated domestic markets in elephant’s ivory which markets serve as major outlets for poached ivory particularly in a number of African and Asian countries.
Namibia granted permission for the strictly controlled sale of traditional ivory carvings known as ‘Ekipas’ as tourist souvenirs. Namibia, Bostwana and South Africa were each authorized to make a one-off sale of their existing ivory stocks with the preconditions that baseline data first be established on population and poaching levels throughout the Elephant range which data was given by 2006.
The meeting agreed that Namibia and South Africa might open up trophy hunting of the black Rhino for the first time in many years with an annual quota of five animals each and that Swaziland may also open up strictly controlled hunting of its population of White Rhino and export some live animals.
The Namibian population of the Nile crocodile was transferred from Appendix I to Appendix II to facilitate trophy hunting. The Cuban population of the American crocodile was also down listed to enable the government supply eggs and hatchlings to ranching operations.
The Conference gave more protection of five Asian Turtles, Tortoises and species of Madagascar’s Leaf-Tailed Geckos by listing them on Appendix II as many Turtles from South, South East and East Asia are traded in significant quantities for regular food markets, Asian traditional medicine and international pet markets. Decision was also taken to strengthen the conservation of threatened or endangered species already controlled by CITES including the Saiga Antelope, Sharks and the Hawksbill Turtle. The 13th meeting of the conference is slated for the Netherlands in 2007.
In 2003 CITES constituted a panel headed by retired Justice John Bassey3 against the backdrop of the global outcry over the smuggling of three young gorillas to Malaysia and other illicit trade in Nigeria’s air-ports. The Panel was asked to assess Nigeria’s level of compliance as a signatory to the international legal framework embodied in the CITES treaty with terms of reference which include:
(a) To investigate specific identified cases of the following:
(i) Illegal smuggling of endangered species of wildlife into and outside Nigeria with specific reference to the circumstances surrounding the smuggling of gorillas through Nigeria to Malaysia.
(ii) Illegal captive breeding of endangered species of wildlife in Nigeria such as the illegal possession since 1995 of two gorillas in Kano.
(b) To recommend an implementation plan. This will ensure that Nigeria is fully committed to the beneficial conservation of her wildlife resources.
4. THE CONVENTION BANNING UNCLEAR WEAPON TESTS IN THE ATMOSPHERE, IN OUTER SPACE AND UNDER WATER, 1963
This convention enjoins each party to the convention “to prohibit, to prevent, and not to carry out any nuclear weapon test, explosion or any other nuclear explosion, at any place under its jurisdiction or control”.4
This Convention attempts to discourage environmental pollution and destruction of game habitat. The dictates of this Convention have direct impact on the conservation and management of game species.
5. THE TREATY REGARDING NAVIGATION AND ECONOMIC CO-OPERATION BETWEEN THE SATES OF THE NIGER BASIN, 1963
Under the terms of the Treaty, the Riparian states of the River Niger namely, Cameroon, Chad, Dahomey (now Benin Republic), Guinea, Ivory Coast, Mali, Nigeria and Upper Volta (now Burkina Faso) undertook to develop “close co-operation” for the judicious exploitation of the resources of the River Niger Basin. Nigeria ratified this Treaty on 1st February, 1966.
ARTICLE 5 of the Treaty proposes the establishment of an Inter-Governmental Organization which shall establish appropriate close relations with the competent specialized agencies of the Organisation of African Unity and shall also maintain useful relations with the United Nations Organisation, its specialised agencies and other international organisation.5
6. AGREEMENT CONCERNING THE RIVER NIGER COMMISSION AND THE NAVIGATION AND TRANSPORT ON THE RIVER NIGER BASIN, 1964
This Treaty was made pursuant to the provisions of Article 5 of the Treaty of Navigation and Economic Co-operation between the states of the Niger Basin.6
Nigeria acceded to this convention on 22nd April, 1968.
ARTICLE 1 establishes, formally and legally the River Niger Commission as the
inter-governmental organisation.
The functions of the Commission are clearly set out under ARTICLE 2 but the section relevant to this work is subsection (c) that provides thus “to collect, evaluate and disseminate basic data on the whole of the Basin, to examine projects prepared by the riparian states, and to recommend to the government of the riparian states plans for common studies and works for the judicious utilization and development of the resources of the basin……..”.
Under the provisions of ARTICLE 12 of the Treaty, the riparian states undertake:
i. To inform the commission at the earliest stage, of all studies and works upon which they propose to embark; and
ii. To abstain from carrying out on the portion of the river, its tributaries and sub-tributaries subject to their jurisdiction and works likely to pollute the waters, or any modification likely to affect biological characteristics of its fauna and flora without adequate notice to and prior consultation with the Commission.
7. INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL 1954
The Convention aims at preventing and discouraging pollution of the sea by prohibiting the discharge of oil or oily mixtures in the sea. Nigeria acceded ot this Convention on 22nd April, 1968.
ARTICLE 13 provides for extra-territorial enforcement of the Convention when it states thus “Any dispute between contracting Governments relating to the interpretation or application of the present convention which cannot be settled by negotiation shall be referred at the request of either party to the International Court of Justice for decision, unless the parties to the dispute agree to submit it to arbitration”.
By the end of the 1960s it had become clear that pollution by oil was developing into a major threat. The oil trade was growing and tankers were getting bigger. After each voyage it was necessary to clean out the water from what was left in the cargo tanks; the mixture of oil and water that resulted was pumped over the side, in accordance with the conditions laid down in the 1954 Convention.
Amendments adopted in 1962 tightened these requirements and during the 1960s many tankers switched to a system known as “load on top” which minimized the amount of oil wasted in this process.
In 1967, the tanker TORREY CANYON went aground of the West Coast of England and the accident showed, almost for the first time, the devastating effect of a major oil spill.
In 1969, the Convention was amended to encourage greater use of the “load on top” system while the 1971 amendment gave additional protection to Australia Great Barrier Reef and limit the size of cargo tanks on oil tankers (thus limiting the amount of oil spill after an accident).
8. CONVENTION ON THE PREVENTION OF MARINE POLLUTIONS BY DUMPING OF WASTES AND OTHER MATTER 1972
This Convention otherwise known as “the London Dumping Convention” was adopted in November, 1972 but not enforced until 1975.
The Convention came on the heels of the fears for the effect of dumping on marine life and possible increase in contamination from the nutrients contained in wastes.
The Convention divides wastes into three categories. The most dangerous substances (the “black list”) include organohalogen compounds, mercury, cardmium, persistent plastics, crude oil, high level radioactive wastes and materials for biological or chemical warfare. They must not be dumped at sea under any circumstance.
Annex II contains materials, which are less dangerous but still need a special permit before they can be dumped. Other substances in Annex III can be dumped after the issuing of a general permit. The Convention provides a legal basis for regulating dumping at sea.
In 1978, the Convention was amended to regulate the practice of disposal of particularly hazardous wastes that is, incineration by using specially designed slip.
Article 3(1)(a) defines dumping as (i) any deliberate disposal at sea of wastes or other matter from vessels, aircrafts, platforms or other man-made structures at sea.
Under ARTICLE 1, the contracting parties to the Convention pledged individually and collectively to “promote the effective control of all sources of pollution of the marine environment and….take all practicable steps to prevent the pollution of the sea by dumping of waste and other matter that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea”.
ARTICLE 7 demands a very careful attention by all the contracting states on the objective of the treaty and provides for the steps to be taken which are contained in subsection (1) – (5) of this Article.
9. INTERNATIONAL CONVENTION ON THE CONTROL OR TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL 1989
The aim of this Convention is that no trans-boundary movement of wastes intended for dumping should take place without the prior informed consent of the country of destination.
10. INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS 1973 (MARPOL)
This Convention was initially prompted by the TORREY CANY
ON disaster but it went far beyond oil pollution as it represents the most ambitious attempt ever made to combat pollution from ships. It contains measures to fight operational and accidental oil pollution and, to elaborate measure, for controlling by chemicals, goods carried in packaged form, sewage and garbage.
Owing to a number of technical difficulties that made many governments reluctant to ratify the Convention, the 1978 conference was held and a protocol to the Convention was agreed to.
The 1978 Protocol contained a number of improvements to the annex dealing with oil pollution and eliminated some of the technical problems, which had been holding up ratification. The protocol was drafted in such a way that it absorbed the parent Convention and the combined instrument, usually known by the acronym MARPOL 73/87, entered into force in 1983.
The protocol made it mandatory for new oil tankers to the equipped with a system know as crude oil washing, by which cargo tanks were cleaned by using crude oil itself, and with segregated ballast tanks which were kept empty when the ship was loaded with oil and filled with water when the ship returned to the loading port.
In 1992, MARPOL was further amended pursuant to the 1991 decision of Assembly by adding a new annex to MARPOL and the establishment of a timetable for banning or controlling emissions, which are regarded as harmful. They include chloro-fluorocarbons (CFC), halons, exhaust gases and volatile organic compounds.
The major design changes mandatory for existing ships as well as the new ones was made in the amendment. The amendment makes it mandatory for the existing and new tankers to be filled with double hulls, or another system known as the mid-height deck.
11. CONVENTION ON THE CONTINENTAL SELF 1958
The Convention recognises, defines and divides the rights of states to explore and exploit the natural resources of the continental shelf. Nigeria acceded to this Convention on 28th May, 1971.
ARTICLE 5 provides that “(i) the exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication………. The coastal state is obliged to undertake in safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents”.
12. CONVENTION OF THE HIGH SEAS, 1958
The Convention sought to codify rules of International Law relating to the High Seas. Nigeria acceded to this Convention on 30th September, 1962.
ARTICLE 1 defines “High Seas” as “all parts of the sea that are not included in the territorial sea of the international waters of state”.
ARTICLE 24 provides that “Every state shall draw up regulation to prevent pollution by the discharge of oil from ships or pipelines or resulting from the exploitation and exploration of the sea bed and its subsoil, taking into account existing treaty provisions on the subject”.
ARTICLE 25 (1) Provides that every state shall take measures to prevent pollution of the seas from the dumping of radioactive waste, taking into account any standards and regulations which may be formulated by the competent international organisation. Subsection (2) provides that “all states shall co-operate with the competent international organisation in taking measure for the prevention of pollution of the seas or air space above, resulting from any activities with radioactive materials or other harmful agents”.
It is important to note that this Convention had positive impact in the conservation and management of game species particularly as it relates to their habitat. Even though, the Convention is now superseded by the 1982 United Nations Convention on Law of the Sea, it is still relevant today for reason of assessment and sustainable development.
13. CONVENTION ON FISHING AND CONSERVATION OF THE LIVING RESOURCES OF THE HIGH SEAS, 1958.7
The objection of this Convention was, through international co-operation, to solve the problems involved in the conservation of the living resources of the High Seas having regard to the fact that the modern technology and civilization have considerably depleted their population majorly as a result of over-exploitation.
ARTICLE 1(2) imposes a duty on all contracting states to adopt or to co-operate with other states in adopting such measures for their respective nationals as may be necessary for the conservation of the living resources of the High Seas. The term “nationals” under the Conventions means fishing boats or crafts of any size having the nationality of the state concerned.
ARTICLE 9 provides that any dispute arising between states under the agreed terms of the Convention shall at the request of any of the parties be submitted for settlement to a special commission of five members, unless the parties agreed to seek a solution by another method of peaceful settlement as provided for in ARTICLE 33 of the charter of the United Nations.
14. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
This Convention was carefully and exhaustively formulated by a broadly represented group of the nations of the world, sequel to one and half decades of hard preparatory work by the World’s nation on 10th December, 1982. The Convention was opened for signatories in Montego Bag, Jamaica. Incorporated into the Convention is an objective, which states thus to set up and as far as environmental provisions are concerned, to establish material rules concerning environmental standards as well as enforcement provisions dealing with pollution of the marine environment”.
The provisions relevant to this work are discussed hereunder.
ARTCLE 192 preaches states’ obligation to protect and preserve the marine environment when it provides thus “the states have the sovereign rights to exploit the natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment”.
ARTICLE 194 (3) (c) states that the measures to be taken shall include, inter alia, those designed to minimize to the fullest possible extent pollution from installations and devices used in exploration or exploitation of the natural resources of the sea bed or sub-soil in particular, measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operations of such installations and devices.
Subsection (5) provides that the measures taken in accordance with this part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened, or endangered species and other forms of marine life.
ARTICLE 195 provides that in taking measures to prevent, reduce and control pollution of the marine environment, states shall act so as not to transfer, directly or indirectly, damage, or hazards from one area to another or transfer one form of pollution into another.
ARTICLE 196 (1) provides that states shall take all steps necessary to prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment which may cause significant and harmful changes thereto.
Subsection(6) provides that national laws, regulations and measures shall be no less effective in presenting, reducing and controlling such pollution than the global rules and standards.
15. UNTIED NATIONS CONVENTION TO COMBAT DESERTIFICATION (UNCCD)
The aim of this Convention is to prevent land from being further degraded. The Convention is an excellent instrument to deal with the problem of land degradation. Although, it is a legally binding document that has been ratified in 179 countries including all countries in Africa, real progress has not been made.
According to United Nations statistics, 38% of the World’s populations (about 2.3 billion people) are living in dry lands and 70% of these areas are affected by desertification, a global environmental threat that is affecting over 100 counties. Almost 1/4 of the earth’s landmass is affected by desertification.
In Africa, 1/3 of the continent’s landmass is extremely degraded, thereby making about 325 million people to struggle for the remaining percentage.
Recently, an appeal called “Agadez all” was made by group of eminent personalities making a clear correlation between land degradation and high levels of impoverishment and demands more support for the UNCCD through funding for integrated rural dry land projects that will directly benefit poor communities.
Efforts are also being made at the international level by the panel of eminent personalities fighting for the implementation of the UNCCD. They are challenging the World Summit for Sustainable Development (WSSD) and the industrialized countries to fund the fight against land degradation.
At the 1992 Earth Summit in Rio De Janeiro, Agenda 21 was endorsed at the beginning of an international focus on sustainable development. Agenda 21 was a plan of action that was meant to balance economic and social needs within the capacity of the earth’s resources and ecosystems.
This Convention is the one, which gives the greatest importance to the activities of local communities, organisations both governmental and non-governmental.
16. RAMSAR CONVENTION ON WETLANDS OF INTERNATIONAL IMPORTANCE 1971
A Conference held in Ramsar, Iran in 1971 led to the drafting of the Ramsar Convention. It is designed to halt the loss and degradation of the World’s Wetland resources and birds ecologically dependent on the wetlands. The Convention came into force on December 21st, 1975.
The Convention is also concerned with protecting the international chain of habitats used by migratory water birds. Over 2002 sites, mainly in Europe and North Africa are designated areas to be protected.
By 1982, the U.K had 19 Ramsar sites and recently in Nigeria and through the efforts of NCF Hadejia-Nguru Wetland has been designated as Ramsar site in Nigeria.
In the same 1982, a protocol was established in Paris in December expatiating the workings of the Convention.
This is the first global Convention to be exclusively concerned with the habitat protection, and same was ratified by twenty-eight African countries including Nigeria.
The Convention seeks generally the establishment of nature resources on wetlands. It emphasizes the need to conserve wetlands and their sustainable utilization in a way compatible with the maintenance of the natural properties of the ecosystem.
The conference of the contracting parties has been most instrumental in strengthening the regime put in place by the Convention. It has recently adopted guidelines to encourage active and informed participation by local communities and indigenous people in the management of listed sites.
Today, 131 contracting parties have signed it with 1,150 wetlands totaling 96.3 million hectares.
17. CONVENTION ON BIOLOGICAL DIVERSITY 1992
This Convention was produced at the 1992 Earth’s Summit at Rio de Janeiro. All the signatories participated actively in the negotiation of the Convention. Nigeria like many other counties is signatory to and has ratified the Convention that came into force on the 29th day of December, 1993 as an International Law.
ARTICLE 1 states the objectives of the Convention as (i) the conservation of biodiversity; (ii) the sustainable use of biological resources; and (iii) the fair and equitable sharing of benefits arising from the use of genetic resources.
ARTICLE 2 defines “biological diversity” as the variability among living organism from all sources, including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. Other terms defined in Article 2 include, but not limited to habitat, ecosystem, genetic resources, protected area, sustainable use, technology, conservation, biological resources etc.
ARTICLE 3 provides for the principle of the establishment of the Convention which suggests that the sovereign right to exploit resources should be done in such a way as not to cause damage to the environment.
ARTICLE 4 provides the jurisdictional scope of the Convention as it is applicable to the states on the components of biological diversity in areas within the limits of its national jurisdiction and in terms of processes and activities, regardless of where their effects occurred, carried out under its jurisdiction or control, within the area of its national jurisdiction or beyond.
ARTICLE 5 provides for the co-operation of parties to the Convention.
ARTICLE 6 provides for the general measures for conservation and sustainable use in accordance with the particular conditions and capabilities of parties to the convention as follows:
i. to develop natural strategies, plans, or programmes for the conservation and sustainable use of biological diversity or adopt existing strategies, plants or programmes; and
ii. To integrate the conservation and sustainable use of biological diversity into relevant sectoral or cross sectoral plans, programmes and policies.
ARTICLE 8 requires, among other things, contracting parties to establish a system of protected areas, develop guidelines for such establishment, and manage biodiversity within and outside protected areas to ensure conservation and sustainable use.
ARTICLE 14 enjoins parties to use environmental impact assessment or other procedures to avoid or minimize significant adverse effects on biodiversity from policies, programmes or projects.
ARTICLE 16 provides that parties to the Convention should undertake to facilitate transfer of technology to other contracting parties.
ARTICLE 17 requires parties to exchange information relevant to the conservation and sustainable use of biodiversity.
ARTICLE 21 makes provision for financial mechanism in form of assistance to developing country parties.
18. UNIVERSAL DECLARATION ON THE RIGHTS OF ANIMALS 1978
Preamble
- Considering that life is one, all living being having a common origin and having diversified in the course of the evolution of the species;
- Considering that all living beings possess natural rights, and that any animal with a nervous system has specific rights;
- Considering that the contempt for, and even the simple ignorance of, these natural rights, cause serious damage to Nature and lead men to commit crimes against animals;
- Considering that the coexistence of species implies a recognition by the human species of the right of other animal species to lives; and
- Considering that the respect of animals by humans is inseparable from the respect of men from each other.
It is hereby proclaimed that:
ARTICLE 1
All animals have equal rights to exist within the context of biological equilibrium. This equality of rights does not overshadow the diversity of species and of individuals.
ARTICLE 2
All animal life has the right to be respected.
ARTICLE 3
(a) Animals must not be subjected to bad treatments or to cruel acts.
(b) If it is necessary to kill an animal, it must be instantaneous, painless and cause no apprehension.
(c) A dead animal must be treated with decency.
ARTICLE 4
(a) Wild animals have the right to live and to reproduce in freedom in their own natural environment.
(b) The prolonged deprivation of the freedom of wild animals, hunting and fishing practiced as a pastime, as well as any use of wild animals for reasons that are not vital, are contrary to this fundamental right.
ARTICLE 5
(a) Any animal which is dependent on man has the right to proper sustenance and care.
(b) It must under no circumstances be abandoned or killed unjustifiably.
(c) All forms of breeding and uses of the animal must respect the physiology and behavior specific to the species.
(d) Exhibitions, shows and films involving animals must also respect their dignity and must not include any violence whatsoever.
ARTICLE 6
(a) Experiments on animals entailing physical or psychological suffering violate the rights of animals.
(b) Replacement methods must be developed and systematically implemented.
ARTICLE 7
Any act unnecessary involving the death of an animal, and any decision leading to such an act, constitutes a crime against life.
ARTICLE 8
(a) Any act compromising the survival of a wild species and any decision leading to such an act are tantamount to genocide, that is to say, a crime against the species.
(b) The massacre of wild animals, and the pollution and destruction of biotopes are acts of genocide.
ARTICLE 9
(a) The specific legal status of animals and their rights must be recognized by law.
(b) The protection and safety of animals must be represented at the level of Governmental organizations.
ARTICLE 10
Educational and schooling authorities must ensure that citizens learn from childhood to observe, understand and respect animals.
The Universal Declaration of Animal Rights was solemnly proclaimed in Paris on 15 October 1978 at the UNESCO headquarters.
The text, revised by the International League of Animal Rights in 1989, was submitted to the UNESCO Director General in Paris.
19. THE INTERNATIONAL WHALING CONVENTION 1931
An International Convention for the regulation of whaling was concluded at Geneva on September 24, 1931 whilst it entered into force on January 16, 1935.
The Convention provided for an International Whaling Commission (IWC), which would serve as the agency to give effect to the regulations set forth in the schedule of regulations. The Convention was originally signed by 16 countries.
Washington protocol to the Convention was signed on November 19, 1956 although it was concluded in December 2, 1946. The delay in signing the protocol was due to the difficulty in getting sixteen different nations to ratify the agreement.
When the 1931 Convention and Washington Protocol of 1946 were in force, the IWC was able to give effect to the seventeen items listed in the schedule of regulations. The schedule contains too many items to report but a number may be listed. Inspectors were to be placed on factory ships and at land stations to see that the catch of whales was not in conflict with regulations.
Grey or white whales were not to be killed except to feed the aborigines. Female whales with sucking young and calves were not to be killed. Legal lengths of 35 feet for sperm whales to 70 feet for blue whales were established.
The commission set limits on the number of each species or subspecies that might be taken by the nationals of the whaling nations closed and open seasons have been prescribed. Whaling has been restricted to certain sectors of the seas that encircle Antarctica. Other regulations, quotas, and prohibitions have been prescribed but not adhered to strictly because the whales are a common property resource and enforcement of the terms of the Convention and the many regulations set forth in the schedule of the International Whaling Convention is dependent upon voluntary compliance.
The plight of the whales is such that the IWC has recommended lower and lower quotas to save certain species. For example in 1966, the Commission suggested that the killing of blue whales banned in the southern hemisphere instead of south of 40 degrees as previously recommended. The working regulations and quotas are more generous than the strict recommendation. A baby blue whale gains a ton of weight under thirty days whilst the heart of an adult would weigh 1,000 pounds in scale.
It should be noted that, every country is a potential whaling nation and efforts should be made to spread the tentacle of the terms of the Convention to all nations whilst the Convention be amended to include or accommodate other species of whale not known now, or that have been discovered after the coming into effect of the 1931 Convention and 1946 Washington Protocol. For example, in South African, three months after a rarely seen mega mouth shark unknown to science before 1976 was found on a South African beach on the 1st day of August, 2002, an extremely rare Longman’s beaked whale was also discovered in the same area. The beaked whale is only the third complete specimen not known to science.
The pro-whaling nations discussed ways to reform the International Whaling Commission in Japan on Tuesday the 13th February 2007 issuing a stinging rebuke of the dozen of anti-whaling nations that stayed away saying their absence would prevent much need improvement to the IWC. For example Japan’s whaling fleet was hunting up to 945 whales in Antarctic waters under an IWC provision that allows the mammals to be killed for scientific research.
Whale being the largest mammal with gestation period of one year has now become a tourist attraction. As at today, more money is now spent by the people all over the world to watch whales in their natural habitat than the money spent in the whale meat. Interestingly too, whales do give birth in captivity.
20. ANTARITIC TREATY 1961
This International Agreement which came into force in 1961 states that Antarctica shall be used for peaceful purposes only and it also contains provision for the protection of Antarctic plants and animals.
These provisions were further strengthened when the Treaty signatories inclusive of the West Germany and East Germany agreed to the Convention for the conservation of Antarctic seals (1972) and the Convention on the conservation of Antarctic Marine living Resources (CCAMLR) (1980).
The Treaty has been signed by all the sixteen nations participating in Antarctic research; Argentina, Australia, Belgium, Chile, Czechoslovakia, Denmark, France, Japan, the Netherlands, New Zealand, Norway, Poland, South Africa, United Kingdom, United States of America and U.S.S.R.
It may also be noted that fishing nets that can trap sharks have been banned by the United Nations since 1992.
21. THE CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS, 1979
This Convention was established in June, 1979 in Bonn but came into force on the 1st of January, 1983. It provides support and protection for the entire population or any species of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries.
22. CONVENTION FOR THE PREVENTION OF MARINE POLLUTION FROM LAND-BASED SOURCES (PARIS CONVENTION) 1974
This is an International Agreement signed in March, 1974 by Denmark, France, Iceland, Luxemborg, the Netherlands, Norway, Spain, Sweden, United Kingdom and West Germany to augment earlier agreements controlling the dumping of wastes at sea.
23. CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS
This is an agreement among members of the European Economic Community (EEC) that came into force in June 1982 requiring member states to protect indigenous endangered species.
African continent can also emulate this laudable agreement and make it part of important issue on African interest.
24. GENEVA CONVENTION ON LONG-RANGE TRANS BOUNDARY AIR POLLUTION
This is an International Convention drawn up under the auspices of the United Nations. It came into force in March, 1983. It calls for collaboration in research into air pollution and the exchange among signatories of information regarding pollutants especially new ones.
25. CONVENTION FOR THE PROTETION OF ANIMALS DURING INTERNATIONAL TRANSPORT
Efforts at finding remedies to the difficulties which have defied solutions from time to time in regard to animals exported from one country to another brought about the decision to have an effective international agreement on conditions for the transport of animals by road, rail, sea or air. The possibility was considered by the council of Europe and a committee of experts was set up and the committee produced a Convention for the Protection of Animal During International Transport. This Convention was opened in December, 1968 for signature by member countries and it incorporated the following main orders controlling the treansport of animals:
Animals (Landing from channel Islands, Isle of Man, Northers Ireland and Republic of Ireland) Order 1955.
Animals (sea Transport) Order 1930.
Animals (sea Transport) Amendment Order 1932.
Conveyance of live poultry Order 1919.
Poultry (Expossure for sale) Order 1937.
Horses (sea Transport) Order 1952.
Horses (sea Transport) Amendment order 1958.
Transit of Animals Order 1927.
Transit of Animals (Amendment) Orders 1931, 1939 and 1947.
Transit of Horses Order 1951.
Transit of Calves Order 1963.
This Convention is equally recommended for African Union to adopt with a view to protecting pets and domestic animals.
EMERGING INTERNATIONAL POLICIES
Under this head, efforts of various international and multi-regional organizations towards game management for their sustainable yield would be briefly examined and in terms of their co-operation with various non-governmental organizations and with particular reference to Nigeria in ensuring stable population of her renewable resources.
As a preamble to the discourse, representing more than fifteen countries, a group of eighty scientists, conservations and policy maker announced an urgent plan to protect the endangered West African chimpanzees. The experts considered the conservation of the two different subspecies of chimpanzee in West Africa which extends from Senegal and Mali through Sierra-Leone; Cote d’ ivoire and Ghana to Nigeria. In this connection are the Conservation International (CI), Great Apes Survival Project (GRASP), Wild Chimpanzee Foundation (WCF), Kyoto University, etc.8
In the same vein, environmental non-governmental organizations across the globe have resolved to take speedy actions towards the protection of bird species, grey-necked pucathartes, one of the eight threatened bird species in the world. The NGO’s in this connection include Royal Society for the Protection of Birds (RSPB), Drawing Initiative for the Survival of Species (DISS), the Cameroon Biodiversity Conservation Society (CBCS) and the Nigerian Conservation Foundation (NCF) most of whom are members of Bird Life International (BLI).
In the world today, various international organizations have given priority to environmental protection. Some of these organizations are classified into private or public depending on their names. There are non-governmental and governmental organizations but in this work both shall be examined jointly.
INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES (UICN)
This is an independent international body founded in 1948 and it is based at Morges, Switzerland. The body promotes and initiates scientifically based conservation measures. It is responsible for the management of sites of historic interest and areas set aside for public recreation.
It co-operates with the United Nations and other intergovernmental agencies. IUCN has designated some areas of global importance for conservation and study. In 1985, there were sixty-three of such sites in the world as whole (twenty in Africa, nineteen in North America, six in South America, six in Asia, seven in Europe and five in Oceanic).
IUCN published a world list of National Parks and similar areas in 1967, which included 1,205 sites. Many of these are nature reserves and quite different from the original idea of a National Park, because they did not conform to the definition laid down by the Union in preparing its list.
National Park was defined in 1975 by IUCN as an extensive area of land that has not been significantly altered by human activities that contain species or ecosystem of scientific, educational or aesthetic value and is set aside in perpetuity to be managed by the state for conservation. This also includes area, which has not been altered by human activity.
In Nigeria, Cross River National Park (CRNP), which is reputed for its extensive stock of biological and cultural diversities, was classified by the IUCN as a “World Heritage Site”.
In 1980, IUCN published a world conservation strategy that analysed the issues of resources, of resource use, conservation and economic development and recommended ways in which sustainable development might be based on the most efficient use of resources. It was presented to governments with a recommendation that each country should prepare its own natural conservation strategy in similar lines.
WORLD RESOURCES INSTITUTE (WRI)
This is an organisation founded in 1982 to study the relationships between economic development strategies and the environment. It is funded privately and by the United Nations and National Governments.
WILDFOWL TRUST
It is a United Kingdom Society founded in 1946, which promotes the study and conservation of wildfowl (duck, geese and swans). It maintains several collections in England and breeds wildfowl all over the world, including the Hawaiian Goose (Nene) which was saved from extinction and returned to the wild. The wildfowl trust has also established extensive wetland reserves.
ROYAL SOCIETY FOR THE PROTECTION OF BIRDS
This is a U.K. organization founded in 1889. It is concerned with the conservation of birds and with popularising bird-watching. It maintains nature reserves as birds’ sanctuaries throughout the U.K and the world at large.
The organisation has prevented the loss of various breeding species, for example osprey.
The important Birds Areas Project in Nigeria is a joint undertaking of the RSPB, the NCF and the three collaborating Federal Government agencies whose mandates involve aspects of conservation, protection and management of the Nigerian environment. The IBA programme is an on-going ornithological undertaking whose main objective is to identify and document areas of remarkable significance for conserving birds and other forms of biodiversity.
Through the aid of Bird Life International, RSPB has conserved the Afro tropical and palearctic species.
INTERNATIONAL PRIMATE PROTECTION LEAGUE (IPPL)
The objective of this non-governmental organization is to conserve and protect non-human primates, protect primate habitat, reduce primate trade and also improve conditions of primates in zoos and laboratories.
This organisation has been in the forefront of fight against illegal gorilla trade in Nigeria. Recently, through the assistance of IPPL, conservationists have fingered a Nigerian firm and zoo in Malaysia for the trade in four young gorillas, which is part of a burgeoning illegal trade in endangered species9.
The surviving gorillas were returned to Europe and treated after IPPL contacted Rotterdam zoo. IPPL stressed that the gorillas should be returned to Nigeria, that their DNA should be tested by the DNA experts and that if they belong to the Nigeria/Western Cameroon gorilla subspecies, they should be housed at either pandrillus in Calabar or Limber in Cameroon.
WORLD SOCIETY FOR THE PROTECTION OF ANIMAL (WSPA)
The objective of this Society is to ensure that all National Animal welfare society in the countries worldwide be organized to promote conservation and protection of animals both domestic and wild.
This society has also been instrumental to the crusade against the scourge of wildlife smuggling and primates’ illegal trade. For example, the president of WSPA in 1998 wrote a letter to Nigeria, alerting it of the booming trade in endangered animals. In the protest letter, the WSPA’s regional manager for Africa, Kano City was noted to be the cause for wildlife smuggling in Nigeria.
BIRDLIFE INTERNATIONAL
This is a non-governmental organisation aimed at developing action plans for the conservation of the rare bird. It has as its membership in the RSPB, DISS. It organizes workshops on the protection of bird species.
WORLD WILDLIFE FUND FOR NATURE
This is a sister organisation to IUCN. It exists primarily to raise funds, mainly by national appeals and allocate them for the purposes of conservation and preservation of wildlife. WWF has recently signed an agreement with NCF and Wetlands International to co-operate for the purpose of achieving the long-term conservation of the Niger River ecosystems.
The Fund reports that “at least 225,000 birds worth some 50 million dollars at retail are either smuggled or imported with fraudulent documentation each year”. Parrots for example are caught by local people in the jungles of Africa, Indonesia, Mexico and South Africa and sold for a few dollars. WWF has also singled out Thailand for its illegal trade in endangered wildlife calling the country “the wildlife supermarket of the world”. WWF has also associated with the Spain’s Coto Donana, a world famous Nature Reserve containing many rare and threatened species.
GREENPEACE
This is a non-governmental organization based in the USA with the primary objective of protecting marine life and environment.
INTERNATIONAL FUND FOR ANIMAL WELFARE
This Organisation is also based in the USA. The objectives include the protection of endangered animal species, mitigating animal suffering, taking active part in stopping seal hunt, which is made easy by its trait of not being fearful of human beings. This Organisation campaigns against maltreatment of dogs used for food in Philippines.
INTERNATIONAL NETWORK FOR RELIGION AND ANIMALS
This Organisation is also based in the USA. It seeks to apply the moral principles of these religions to human interaction with animals.
WORLD PARKS CONGRESS
This Congress is held once every ten years with the last being the fifth in the series held in Durbar, South Africa between September 8-17, 2007 with some 2,500 conservation experts from more than 170 countries in attendance.
The world has come a long way since the creation of the first National Park-Yellow Stone in 1872. There are now 102, 101 protected area covering 18.8 million square kilometres – an area larger than Canada, the United States and Germany combined. According to International Union of Forestry Research Organization (IUFRO), the world’s forests and woodlands which covered some 4.2 billion hectares by 1978, dropped to about 4 billion hectares in 1980 and covered some 3.9 billion hectares by 1984.
Although, protected areas were first established for recreation and wildlife conservation, many have grown into places of high social and economic value. The parks and protected areas support livelihood, protect the supply of fresh water, harbor genetic diversity, support hospitality industries of recreation and tourism and also enhance fisheries in surrounding waters.
They also protect cultural monuments and sites of high spiritual value to indigenous people. To the Congress, the protected area and parks are at the heart of the ecosystems and life which must be sustained on earth.
The Durban Congress which theme was “Benefits Beyond Boundaries” recognized that protected areas can provide environmental, economic and political benefits to societies worldwide. The Congress also examined challenges of trans-boundary parks such as the Great Limpopo Trans Frontier which stretches 35,000 square miles across South Africa, Zimbabwe and Mozambique.
The desire to make the world’s system of proactive areas more representatives of terrestrial, freshwater and marine preserves was addressed as only 1.5% of the world’s lake systems are protected.
According to IUCN, more than 11,000 species are known to be under threat of extinction whilst some of the world’s rarest species are dependent on protected areas. The challenges of Africa at achieving the balance between the needs of local communities and protection of natural ecosystems in some areas of Africa where people have in the past been displaced without compensation to make way for parks and protected areas was equally addressed.
In the West, people have come to realize that wildness is a necessity. The National Park Service was charged with a dual responsibility (a) to preserve for all time the natural wonders within its boundaries in an undisturbed state and (b) to make them available for the enjoyment of all the people. Wilderness still covers a large portion of the earth’s land surface, but today, according to scientists, only five wilderness areas hold significant levels of biodiversity because they contain at least 1,500 endemic vascular plant species the same standard used for defining- “bio-diversity”. The five areas are Amazonic, the Congo forests of Central Africa, New Guinea, the Miombo-Mopane woodlands and Savannas of Southern Africa and the North American Desert complex of the South Western United States and Northern Mexico.
In America, the conservationists fought to prevent Grand Canyon from being dammed into a lake, to block highway engineers from bulldozing a swath through public groves of red woods to stop developers from cutting a highway through Sequoic National Park. Some of these battles were won, most compromised and lost a few. The commitment of the Congress is to preserve the parks in their natural state, to protect wildlife from trappers and hunters and to preserve the forests, streams and lakes from despoliation.
In this regard, timber cutting is prohibited and trees are left to reach old age when they topple or are blown down by a windstorm, once fallen, they are left untouched. Cattle and sheep grazing are forbidden as well as mining, and exploration. Trees are not seen as timber, rivers as sources of energy and game as beef in the market.
For a high bio-diversity area to qualify as a ‘wilderness’, it must have 70% or more of their original vegetation intact, cover at least 10,000 square kilometres (3,861 square miles) and contain fewer than five people per square kilometer10. It is regarded as such because it provides critical ecosystem service to the planet, that is, they regulate clean water for the planet, reduce the effects of global warming, encourage pollination and wildlife migration as well as providing enormous recreational, aesthetic and spiritual value to people.
FOOTNOTES
1. See Appendix 2 for the list of identified species.
2. The Guardian Monday July 1, 2002 page 37.
3. The Guardian, Monday July 25 2005.
4. See Article 1.
5. Further Amended in 1962, 1969 & 1971.
6. Article 6 of the Treaty.
7. This Convention is now superseded by the 1982 UN Convention on Law of the Sea.
8. The Guardian, Monday, September 23, 2002 pages 33 and 48.
9. The Guardian o Saturday May 8, 1999 page 16.
10. The Guardian, Monday August 25, 2003.
BARRISTER SIKIRU OLANREWAJU ADEWOYE-A GREAT LAWYER AND A GREAT ANIMAL LOVER!
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