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!
Showing posts with label africa. Show all posts
Showing posts with label africa. Show all posts
Thursday, February 17, 2011
Wednesday, December 8, 2010
ENHANCEMENT AND CONSOLIDATION OF THE BEAUTY OF NATURE-ANIMAL AS CASE STUDY
PROFITABLE PARTNERSHIP IN THE PROMOTION, ENHANCEMENT AND CONSOLIDATION OF THE BEAUTY OF NATURE: A CASE STUDY OF ANIMAL RIGHTS IN NIGERIA-CHALLENGES AND PROSPECTS.
First, I wish to express my profound appreciation to the organisers of this togetherness for giving me this wonderful privilege to deliver a lecture on this auspicious occasion at the instance of the Nigerian Fields Society.
I voluntarily confess that I am very much humbled. My coming here today has been encouraged and prompted by Her Majesty Chief (Dr) Mrs. Folake Solanke SAN, the first woman to be elevated to the prestigious rank of Senior Advocate of Nigeria and my distinguished Principal, Prince Lateef Olasunkami Fagbemi SAN of Temitope Chambers, where I have been practising as a solicitor and Advocate of the Supreme Court of Nigeria.
Without the support of the eminent legal icons mentioned above, my appearance before you today would not have been possible. I appreciate them.
Once again, I wish to thank the organisers of this lecture for their refusal to put my reasoning faculty in the cage, leaving me to find my way out of mental detention. By this I mean, that the organisers have not imposed on me any topic for discussion, meaning that they want me to make my own contribution to the forward march of this great society without being”doctored”. I am grateful to them for that.
My choice of the topic was informed by the simple truth that all humanity belongs to Nature. Nature, in this effort would refer to two words, that is, creations and the creator. It is also my considered opinion that the main focus of the Nigerian Fields Society is the promotion, enhancement and consolidation of the beauty of Nature.
In the professions, the engineer talks about instruments and structures. The lawyer talks about the rule of law, while medical doctors engage themselves in direct dialogue with ailments and diseases. All these professional jargons are only understood and fully appreciated by the professionals. This interactive session will be devoid of jargons. If there are at all, they will be jargons of Nature-Beauty and Welfare.
The word Nature encompasses all our lives and living, which we can feel, and touch and, individually or collectively pass judgments on any consequential impact on it.
Before going into the rights of our lower neighbours, it is imperative to fully appreciate the fact that God loves Animals as much as Man.
Again, when, God asked Prophet Noah to build an ark to save the righteous ones from the peril of the flood resulting from forty days, forty nights of continuous rains, animals were among those Noah’s ark saved in their various species.
From the foregoing, it is clear that animals are not only our lower neighbours to be protected, admired and loved with passion but should also be seen as an important stakeholder in the profitable partnership in the promotion, enhancement and consolidation of the beauty of Nature.
In fact, when God handed the law of the Sabbath, animals were included in the list of those who are not to work on the Sabbath day, according to Exodus, Chapter 20, of the Holy Bible.
This human angle approach to the issue of Animal Rights may sound emotional or dogmatic, the aim is to see, if, by understanding the degree of contributions made by animals to the welfare and sustenance of humanity, our mindsets will be positively touched to reverse our wickedness to, and abuse of animal lives on earth.
In the days of Abraham in the Bible and as a cattle rearer, he would only settle down in any place where their was water, and enough green to feed his cattle. Today’s herdsmen are mere wanderers which makes it possible for their herds to trespass farmers’ land and destroy food items because they were not properly catered for.
This has on many occasions resulted to litigations and terrible clashes between farmers and herdsmen. If, because of the lowliness of animal nature, we detest them and deny them their rights, it is only fair we take care of the animals because of the immense benefits man derives from the animals.
On the spiritual levels, animals, live or dead are indispensable in the preparation of traditional health –care delivery such as herbalism and spiritualism. The furs, the flesh, bones, feathers and beaks of beads are indispensable to the humanity’s welfare. Why, therefore, should we be so passive to the welfare of those who make our environment habitable and pleasant? Why should we relegate the matters affecting the welfare of animals to the background when in fact, Man was created When All Things Are Ready-(WATAR).
This means that the creation of man was deliberately delayed to ensure that what man would need to live well and to be in reasonable control of the environment were created first. Is it not an un-usual favour to man that he has to be lording things over his senior creatures!
The problems confronting animals, birds and all manners of creeping reptiles and etc are many. Most pronounced of the problems is the abuse of the animals through callousness and indifference to their wellbeing, such as difficult husbandry, in discomforting environments and painful killings to enrich our own lives by the several millions of kilograms of fats and calorie derivable from their flesh.
Let us see the above and more as we can personally identify as a thing of the past. In doing this, we shall move from the profitable partnership in the promotion, enhancement and consolidation of the beauty of Nature to next level, where I hope to examine the whys and wherefores and make attempts to find solutions to some of the abuses of our nature and our natural environments.
It must be emphasized here that the Nigerian Fields Society has crucial roles to play in this all-important endeavour. It is not even too much for the Nigerian Fields Society to partner with all relevant NGO’s and humanity focused organistations across the country to sponsor bill on Animal Rights in the National Assembly. If at any time it comes to this level, I can assure you that my mentors and role models in the Legal Profession like Chief (Dr) Mrs. Folake Solanke SAN and Prince Lateef Fagbemi SAN will not be found wanting in stretching their professional hands of fellowship to support this noble cause.
But there is something that is very important-that is, our mindsets must change from the present state, where animals are regarded as no man’s business.
To ensure a peaceful, comfortable and habitable environment, it is the duty of all of us. This is what leads me to the next level of this lecture-Animal Right in Nigeria
This lecture basically centers on what Animal Rights is all about and in peculiar circumstances of our great country Nigeria
Animal ordinarily needs not be defined or explained but for the purposes and scope of this lecture, it suffices to state that they are our lower neighbours with peculiar classifications into bovidae, ungulates, primates, avians, mammals, reptiles, rodents, insectivores, amphibians, carnivores.
The classification creates no disparity between domestic and wild animals, the latter being the progenitors of the former. It is interesting to note that animals such as eland, emu, and water buffalo known to be in the wild have started undergoing domestication with good prospects of improving the livestocks.
It is convenient at this stage to make allusion to Nigeria Nigeria
Animal right is not a recent phenomenon; it has always been in existence right from the pre – colonial Nigeria
In Ghana
Developed countries had their own fair share of antecedents or origin of animal rights peculiar to their respective societies, which experiences developed over a period of time and culminated into what is now known in modern day as animal rights.
Animal right took a systematic and more polished dimension when in 1977 the bill of animal rights was sponsored by International League of Animal Rights and affiliated National Leagues in the course of an international meeting on Animal Rights, which took place in London between the 21st – 23rd September 1977.
On the 15th day of October, 1978, United Nations Educational, Scientific and Cultural Organistation the UNESCO at its House in Paris
The applicability of this international treatise in Nigeria is not negotiable having regard to the country’s membership of the United Nations Organisation and the dictates of our legal order as amply stated in the immortal judicial pronouncement of per Uwaifo J.S.C at pages 342 – 343 paras F – D in the case of Abacha V. Fawehinmi – (2000) 6 NWLR Pt 660 P. 289 thus:
“It seems to me that where we have a treaty like the African Charter on Human and peoples’ Rights and similar treaties applicable to Nigeria, we must be prepared to stand on the side of civilised societies the world over in the way we consider and apply them as part of our laws. To my mind, this remains a valid attitude whether in military or civilian government. This will necessarily extract from the judiciary, so much in a military regime, its will and resourcefulness to play its role in the defence of liberty and justice. The judiciary must not be seen as assisting those who step on liberty and justice to effectively press them down, of course, if its role is completely taken away or abrogated in any particular situation; it will be obvious that no blame can be laid at its door for the infraction of human rights and liberties in question in any given situation. I subscribe to every view which supports the attitude that we cannot afford to be immuned (SIC) from the progressive movements manifesting themselves in international agreements, treaties, resolutions, protocols and other similar understanding as well as in the respectable and respected voices of our other learned brethren in the performance of their adjudicatory roles in other jurisdictions..”
The striking similarities between the African Charter on Human and People’s Rights and the Animal Rights are that both advocate rights in its holistic form and their applicability in Nigeria Nigeria Nigeria Nigeria
The efficacy of animal rights in the context of this lecture is considered in terms of avowed insensitivity of a sizeable proportion of the Nigerian population to the respect of these rights and the various tiers of governments’ passivity or inaction towards setting up machinery for the enforcement of the abound animal rights related statutes.
The shameful compromise and regrettable collaboration between the cow owners and abattoir operators in the handling and transportation of cows portend a paradigm of highest level of orgy of soulless cupidity which monster our legal order cannot adequately arrest, having regard to the limits of both the criminal and penal codes in terms of the scope of their application on cruelty.
Both section 495 of the criminal code and section 207 of the penal code applicable in the Northern part of the country make seemingly comprehensive provisions on cruelty to animals but these cannot adequately forestall the dastardly acts of trusting and strangling of cows with ropes while crushed and cramped in the back of a space less vehicle as well as holding upside down a hen in their movement from one place to another, having regard to the peculiarity of the laws being ones regulating criminal offences.
The fundamental requirement of the criminal law is that the offence must be specifically created by law. In other words, the acts complained of must be expressly stated in the statute book as constituting an offence and unless it is expressly created, the act attracts no sanction.
Unfortunately, the savage and cruel manners in which the cows and chickens are handled are alien to our criminal law and the interpretation principle of ejus dem generis rule cannot be imported into the criminal laws to expand the scope and contents of the provisions of the aforesaid sections of the laws.
Unless the laws are amended to incorporate these dastardly acts with severe punitive sanctions, the butchers and slaughter house workers who have shut down their conscience will continue in their callous treatment of animals because one who has done one contemptible thing to benefit himself will do another, if necessary, in order to carry out and complete he object he has in view.
Worse still, the entire Nigeria Nigeria
On the part of government, the situation of animal rights is more pathetic which problem I find difficult to pigeon – holed under a particular cause, that is, whether it is due complete ignorance or insensitivity. To explain this, I call in aid my personal experience and efforts of righting the wrongs meted to hapless creatures.
Recently, the Quarter final of the 8th Edition of the National Ram Sport Competition was organized at Olubadan Stadium, Iyaganku, Ibadan
In a bid to forestall the ram fight which fell on a Sunday, I had two options, one was to protest to the Oyo State Sport Council and threatened a complaint to the police for investigation and prosecution of the perpetrators of the criminal act of ram fight failing which I would be left at the mercy of the Honourable Attorney General and Commissioner for Justice to grant me fiat to prosecute the offenders.
The other option which appeared plausible was to file an action in court and seek for an injunctive order restraining the perpetrators from staging the competition which option I could not pursue due to time constraint as I had less than 24hours to lay my hands on the poster wherein the notice of the competition was advertised to the public.
The entire parties to the competition too were hostile to me until I got somebody among the organisers of the competition who shared my sentiments against the organisers and sent a copy of the poster to me on Saturday, when I could not do anything meaningful with it and the quarter final of the ram fight accordingly took place with the collaboration of the police who provided security for them throughout the duration of the competition.
The way these rams are maltreated in the name of sport is pathetic and dehumanizing. Performance-enhancing drugs are administered on the animals and whilst the effect of the steroids administered lasted, the rams sustained serious injuries on their forehead and to horns and the unlucky ones lost their lives in the process-all in the name of ram fight.
In developed countries where such dastardly act is peculiar to bull fight competition, for example in Madrid , Spain
The gist of the aforesaid events is that the relevant government agencies and law enforcement agents like the Oyo State Sports Council and the police who are supposed to be abreast of the law guiding their duties and responsibility are unfortunately ignorant of the fact that ram fight is a criminal offence. In the first place, the Oyo State Sports Council ought not to have registered ram fight as a traditional sport for reason of illegality and criminality. On the other hand, the police who provided cover for them ought to have realised that they are parties to the conspiracy. In any event, ignorance of law is no excuse.
However, this abyss of confusion is understandable as a reflection of the contagious negative effect of the insensitivity to the animal rights by the larger society. The struggle must however continue to let the relevant government agencies see reason in not recognising or declassifying ram fight as a traditional sport so much that the Association’s object clause relating to ram fight should be struck off by the Corporate Affairs Commission if registered under the Companies and Allied Matters Act.
The above gives a vivid account of some of the challenges attributable to animal rights in Nigeria
These are so many other challenges ranging from lack of education on the various species of flora and fauna on what they can offer the humanity in terms of assistance to neglect of God’s injunctions on our interaction with them despite the country’s enviable position on the world chart on religious countries.
Another point that is worthy of mention in the array of challenges is the misconception about animal rights owing to some thoughts that the concept of animal right is a bid to equate animal with human beings in terms of status and privileges in the society, No, this is far from the truth.
It has nothing to do with vegetarianism, worship and other status peculiar to man. Rather, it borders on mercy, conscience and respect from man in their dealings with animals. No right suggests that animal must not be killed but only forbids indiscriminate extermination which invariably leads to extinction of specie. In other words, the right not to exterminate preaches conservation and the attendant benefits many of which are still unknown to science as at today.
Furthermore, the rights of animal are not in anyway comparable to human rights in all ramifications. The rights of animal are neither in absolute sense and nor inalienable. In fact, they are enforceable by human beings on their behalf as the animal rights activists the world over are doing. On CNN News of 28th April 2008 , a female animal right activist openly condemned as “barbaric” the cloning of bulls considered suitable for bull fight where the bulls are irritated by red cloth and consequently resorted to attacking the irritator.
Poverty cannot but be considered in the pool of challenges. It’s ugly head accounts for a considerable loss of habitats through poaching, inundation of the earth and tree felling without replacement. Sizeable number of the Nigerian population lives below starvation level.To this category. Animal right crusade is a bitter pill on their tongues and thoughts they turn deaf ears to the message of, and lessons from catastrophic effect of man’s ruinous hands on the nation’s wildlife and fragile ecological system.
Not minding the enormosity of these challenges the problems are not insurmountable in the face of various crusade for the respect of animal right and for the purpose of our gathering here at the instance of the Nigerian Field Society in pursuance of its part of laudable objectives of conservation of flora and fauna which forms an integral part and one of the very bases of the rights of animal as enshrined in the Universal Declaration of the Rights of Animals 1978.
The rights of animal as recognised by the Declaration shall be discussed seriatim with particular reference to the relevant existing Nigerian statutes protecting these unique rights. The first understanding of this concept is that restrictions imposed by law on human beings in their interaction with animals and their abode (flora) form the core of animal rights.
Article 1 of the declaration gives credence to the philosophy that man is a higher animal born like other lower animals and that both have the right to existence. In other words, as man desires to live till when God wishes which years the Holy Bible has put at 70 years so do animals desire to live and grow to a rhythm natural to its species.
This right tends to call the attention of man to his natural semblance with animal and the need to give it a consideration in his dealings with animals. This right has no corresponding provisions in our legal order for all animals except for wild animals found in any of the country’s eight National parks where killing is totally prohibited.
However, the wild animals in both proposed National parks and game reserves numbering more than eighteen cannot be said to have been immuned from indiscriminate killing in the hands of man due to their less stringent protection in the absence of the application of the Natural Parks Service Act 1999.
In compliance with Article 1, the federal government should promptly elevate the proposed National Parks whilst the state governments enact laws to stringently regulate and project the forest and game reserves and their resources in their respective states whilst the more unreserved areas with enormous flora and fauna are declared as forest and game reserves.
Article 2 makes provisions similar to Article 1 to the extent that the right must be respected and that man, like the animal species, cannot assume the right to exterminate other animals or to exploit them. Man should use his conscience for the service of the animals and that every animal has the right to consideration, good treatment and the protection of men.
This right finds support in the various wild Animal preservation laws of various states of the federation with Oyo State
It is important to point out the fact that all the laws enumerated have no provision relating to the application of conscience for the service of the animals. In this connection Veterinary Surgeon Act becomes relevant particularly the veterinary code of ethics relating to their responsibility to animals. The code states that every veterinarian, whether in a private or public capacity engaged in providing a direct service in relation to the treatment of animals must make proper provision at all times for the relief of the pain or suffering of animals and for their further treatment when necessary, either by himself or through professional colleagues.
Once a veterinarian has undertaken a case, he should not abandon it without safeguarding the welfare of the patient. The veterinary must remember always his veterinary oath.
The same requirement of “Conscience” goes for calls or visits as well as home calls. Chief Dr (Mrs.) Folake Solanke SAN’s remark in her preface to the book titled “Legal Framework for Animal Rights and Game Management in Nigeria” that A human being who slaughters an animal in a cruel manner, without any feeling for the hapless creature, has shut down his own conscience cannot but be a recurrent decimal in the consideration of the rationale for and justification of animal rights where “Conscience” becomes an inevitable corollary to the requisite respect to the rights of animal.
The Act also gives responsibility to the veterinarians to use their knowledge and skills to promote humane handling, appropriate treatment, prevention of cruelty, assurance of well being in husbandry practices, in the use of beast of burden, in the herding and transportation from place to place, herd to herd, herd to market and to slaughter.
In respect of the animal right to the protection of man, the veterinarians also have legal responsibility of not turning a blind eye and deaf ear to the ill treatment of animals.
The criminal code in the protection of animal makes bestiality an offence by virtue of section 214. The penal code makes similar provision under a different provision of unnatural offence by its section 284.” The offence attracts a severe sanction of 14 years imprisonment Happenings in some developing countries and among some tribes have taught us a good lesson that there is wisdom in giving animals good treatment, consideration and protection.
Recently, a 33 year old Indian, married dog in a traditional Hindu ceremony at a temple in the southern state of Tamil Nadir to atone for stoning two other dogs to death and stringing them up in a tree[3]. No matter how unreasonable the whole events may be, it is clear that maltreatment of animals is not of God.
If only our civilisation had thought us how to keep the fire of “Conscience” clear and alive, flickering or glowing or blazing in all its varying degrees of strength and communication, we might, all of us, have lived all our lives in love with animals, which means we should be kindled and full of zest in all kinds of ways and for all kind of things.
Article 3 states that no animal should be submitted to bad treatment or cruel actions and that if the death of animal is necessary, this should be sudden and without fear or pain.
It suffices to state that the provisions of this Article have cleared the misconception or misgivings about the right of animal to the extent that people are discouraged from eating meat or bush meat. No, far from that. In fact, there is no ambiguity as to the use of any kind of animal for food by man. It only regulates human dealings with them for the man’s benefit and healthy environment.
Submission of animal to bad treatment or cruel action is multidimensional and one of such reprehensible acts is ram fight, where the owners of rams do so far amusement and pecuniary interest. It is beyond disputation that ram fight is an offence under the penal code albeit the position of the criminal code still remains haphazard or a mute point.
The world over, death of animals in a given situation is a necessity. For example during festive periods or ceremonies, the death of animals should be sudden and without fear or pain. The Muslims all over the world in their subconscious observe this injunction which is compatible with the injunction of Allah and the hadiths of the Prophet Mohammed, that when a ram is tied slaughter in the course of worship to God, the eyes of the ram must be covered by its two ears so as not to see the knife and the knife must be very sharp as to cut its neck once without pain.
The Nigerian populace including the slaughter house workers should emulate this injunction as a mark of respect to animal right devoid of any religious sentiments to be. By covering the eyes of animal, it will not be in fear of being killed to do otherwise is incompatible with the right of animal as the fear constitutes mental torture inherent in the intending danger of death.
Article 4 states that all animals belonging to a wild species have the right to live free in their natural environment and have the right to reproduce and that each deprivation of freedom even for educational purposes, is in opposition to the right. This right finds expression in the provisions of Wild Animals Preservation Law of the states of federation for example laws of Oyo State 2000 retaining the old Wild Animals Preservation Ordinance, Endangered Species Act and others.
Under the Wild Animal Preservation Law, hunting are regulated with limitation of use of traps and weapons whilst the slaughter of female game prohibited.
The question may be asked that how does a hunter take pain to determine the sex of a game in a given situation bereft of supervision? The answer to this question lies in the efficiency of machinery put in place by the government to ensure compliance with the law. This right appears difficult to comply with in the developing countries where organised huntings are not pursued.
It is easier in the developed countries where sportmen are given priority or preference over game dealers or pot hunters because sportmen are educated and have knowledge of animals. They engage in organised hunting.
The relevant laws will assist in this regard if they are amended to prioritise various classes of hunters and make it mandatory for the hunters to pursue organised hunting. The government should also declare some unreserved and reserved areas as closed for hunting particularly during animals breeding season as we had under the 1963 Wild Animals Law when the present Old Oyo National Park
Deprivation of freedom of animal belonging to a Wild Species is also regulated by the Endangered Species Act. Unfortunately, none of our statutes countenance the important laws like the Zoo Licencing Act, which performs great roles in the U K and USA
However, the alarming rate at which people, who without licence roam the streets with wild animals like hyena, monkeys, snakes and others for financial gain gives so much concern in terms of the welfare and the rights of these animals as their activities are not subjected to the supervision and scrutiny of the regulating authorities.
The people indulged in this illegal business of animal exhibition should be properly educated through public enlightenment campaign and given ample opportunity to regularize their position failing which they should be arrested and prosecuted for cruelty to animals.
Article 5 states the every animal that usually lives in a domestic environment must live and grow to a rhythm natural to its species and any change to this rhythm and conditions dictated by man for mercantile purpose, is a contradiction of this law.
This right finds no expression in any of the Nigerian statute books. It has similitude with the requirement of welfare of domestic animals and in respect of which Nigeria Britain
The public should be enlightened about the life span of various livestocks or domestic animals and the need to impress it on the public that every animal has right to live and grow to a rhythm natural to his species.
Article 6 stipulates that all animals selected by man, as companion must have a life corresponding to their natural longevity and that to abandon an animal is cruel and degrading act.
What readily comes to mind here is dog being man’s longest companion although there may be other animals like cats, birds of different species and other tamed and wild animals. There is need to distinguish domestic animals generally from animal selected by man as companion.
In other words, not all domestic animals are companions, dog for example, for breeding purpose does not qualify as man’s companion and the sale of puppies from the bitch at 6 weeks may not constitute an infraction of the right but a guard dog or hunting dog may qualify as companion and must be allowed to live a life corresponding to their natural longevity of between twelve to fifteen years depending on its size.
There is no ambiguity on the abandonment of animal as a cruel act. In fact, it is dehumanising abandoning any animal under any guise. This is one of the indices of cruel acts criminalised by both the criminal code and penal code in sections 495 and 208 respectively. The implication of abandoning animal is to leave the animal to suffer unnecessarily.
Sometimes ago here In Ibadan, a female German shepherd named Princess was starved for days for killing a rabbit of its owner. One gentleman who is a dog breeder bought the dog over at a ridiculously low price but could not find a suitable kennel for her. He discussed his problem with and requested me to keep the dog temporarily.
Without seeing the dog, I agreed to do that for him. When I set my eyes on the dog. I almost changed my mind due to the dog’s deplorable state of health arising from wanton neglect and starvation. Nonetheless, I took up the care of this dog and within few weeks the dog picked up wonderfully and was a delight to watch with it astonishing alertness. My neighbours began sudden love for Princess and thus became a toast of everybody and I had a wonderful stud from it which companionship I cherish.
Article 7 provides that working animals must only work for a limited period and must not be worked to exhaustion. They must have adequate food and rest. Animals in this category are dogs, donkeys, horses, cows and camels. This right is protected under the criminal code and penal code in relation to the offence of cruelty to animals. Apart from that, there is no legal requirement for the adequacy of the working animals’ food and rest in developed countries some dogs used for game hunting and herding of cattle and sheep are given adequate food as reward for their Labour.
Article 8 provides that experiments on animals that cause physical and mental pain are incompatible with animal rights, even if it is for medical, scientific, commercial or any other land of experiment. In Nigeria
However, the coming into effect of this Declaration its enforceability will guarantee the protection of this right. Better still, the government should enact a law on laboratory animal and similar to the Cruelty to Animals Act and protection of Animals Act in the United Kingdom
Article 9 provides that an animal bred for food must be fed, managed, transported and killed without being in fear or pain. This right relates to the animal husbandry inclusive of poultry. There is also no law in the country regulating this as is the case with the United Kingdom, where codes of Recommendations for the welfare of livestock is extant Nigerian cannot be immuned to the happenings in the world particularly in terms of modern civilisation.
Article 10 provides that no animal should be used for entertainment. Animal exhibitions and shows that use animals are incompatible with an animal’s dignity. Unlawful and illegal shows and exhibitions of and wild animals entertainment by being deprived of their freedom in their natural environment cannot be compatible with the dignity of animal.
The same cannot be said of organised dog shows where the intelligence and proper grooming in the animals are rewarded. In the category of the illegal an unlawful entertainment is the ram fight, cock fight, dog fight, bull fight and other cruel and degrading entertainment. All these unfortunate events are incompatible with animal’s dignity.
Articles 11 states that every action that causes the unnecessary death of an animal is cruel and it is crime against life what readily comes to mind here is the savage hunting methods of the use of ammunitions, chemicals and poisons, destruction of animal’s habitat. For example an elephant or rhinoceros may be killed because of its ivory or horn, whilst the entire carcasses of the dead animals are left unattended to.
This right is protected by the wild animals preservation law of each state and the killing of animals are regulated by the grant of licence to hunters with the payment of money depending on the size of the animal.
Article 12 provides that every action that causes the death of a lot of wild animals is genocide, that is, a crime against the species and that pollution and destruction lead to the extinction of the species.
This unique right finds fill expression in the various statute books relating to environmental pollution such as Federal Environmental Pollution Agency Act, Quarries Act, Oil in Navigable waters Act, Sea Fisheries Act, Common laws of tort on strict liability offences, Criminal Code, Bush Burning laws, Environmental Pollution Control laws, Forestry laws, Animal Diseases Control Act.
Aquatic animals suffer more in terms of pollution whilst a sizeable proportion of wild animals are lost to the destruction of habitats through logging, urbanisation, over exploitation of forest resources, bush burning and other vices incidental to human development.
The Ondo State House of Assembly has, on the 1st day of May 2008, passed a bill on new forestry law regulating human interference with the Nation’s flora both in reserved and unreserved areas of Ondo State Logging, no doubt constitutes an unwarranted pollution and destruction of the habitats of animals and inevitably exposes smaller animals to predation whist other animals are, as a result that, vulnerable to the ruinous hand hands of man.
This invariably leads to the avoidable extinction of many endangered species and infraction of their right to procreation as breeding cannot take place in a battered earth. The destruction of forests which is the wildlife habitats has been the most decisive factor in the catastrophic disappearance of Nigeria
The bill on the new Ondo State Forestry law which deservedly awaits the prompt assent of Dr. Olusegun Agagu, the Executive Governor of Ondo State
Article 13 states that dead animals must be treated with respect and that violent scenes where animals are the victims must be forbidden at the cinema and television unless they are for the demonstration of animal rights. This right is not catered for in the Nigerian Legal order. However, the public insensitivity to the rights of animal has not made practitioners to beam their search light on violent scenes where animals are the victims.
There is no gainsaying the fact that dead animals are not treated with respect. In fact, our commuters will overrun and kill indiscriminately, animals on the high way even where the accident is avoidable and the other road users are always indifferent to the plight and scene of such animal victims. This attitude must change in order to have a better society.
Article 14 finally provides that protection and safeguarding associations like the Nigerian Field Society must be represented at government level and that Animal rights must be defended by law as are human rights.
I have doubt in my mind whether any of the numerous non – governmental associations we have in Nigeria Nigeria
The individual citizens are also called upon to make it a point of duty to defend the rights of animals in whatever capacity. Even by giving useful information to the police on any abuse of the rights of animals. The police themselves must of necessity realize that the duty is basically theirs.
The issue of representation at government is a potent stool at repositioning our legal order towards establishing a safe environment and maintaining a balance ecosystem, where flora and fauna would be beneficiaries.
If the Environmental Rights Act (ERA) who was instrumental to the arrest of a person in Kano in connection with illegal possession of a chimpanzee and three Tantalus monkeys without legal documents had been represented at the government level as contemplated by the Declaration of the rights of animals, it would have succeeded in its pressure in the National Assembly since 2005 to amend the Federal Environmental Protection Agency (FEPA) Act with a view to repositioning the Agency for proper enforcement of environmental laws, regulations and standards and the implementation of the Clean Development Mechanism (CDM) of the Kyoto Protocol and Vienna Convention, the Act being criticised as a rehash of the unaccented Federal Environmental Control and Protection Agency bill passed by the second Republic National Assembly.
The Oyo State government’s partnership with ERA in the joint institution of a legal action against some cigarette manufacturing companies at the Ibadan High Court[4] praying the court for an order, inter alia, declaring tobacco smoking as addictive, hazardous and injurious to health is commendable not minding whose health is injured or whose interest is adversely affected by the population attributable to cigarette manufacturing and smoking.
In any event, the aim of ERA being the apostle and vanguard of healthy and virile environment leaves no one in doubt that the flora and fauna being part of the main components of an environment are among the beneficiaries of this just cause.
The Oyo State
In conclusion, it can be safely said that the Universal Declaration of rights of animals coupled with the animal rights related laws in the country, the prospect of animal right’s recognition, respect and enforceability is promising with the unrelenting efforts of the various associations.
What is paramount is to embark on a widespread enlightenment campaign on the existence of these laws and the need for the government to put in place effective machinery for their enforcement without fear or favour.
Our judiciary and the law enforcement agencies should prepare to face the challenges of opposition from different quarters. The legislature should as a matter of extreme urgency review the existing laws with a view to amending them to be in tune with what is obtained in developed countries where man, plant and animal live in harmony, whilst the new laws incorporating the modern ideas of a healthy environment with particular attention to the welfare of livestocks and laboratory animals should be promptly enacted and in line with the rights of animal as enshrined in the universal Declaration of the rights of animals.
We now live in an age where men are apt to bring those things in question of which our ancestors never doubted, hence we start asking questions on the peoples’ apparent insensitivity and apathy to the welfare and grooming of animals as well as loss of wildlife, which the rights under reference seek to protect. After all, man is not born a Knave, there must be time to make him so nor is he presently discovered after he becomes one. King Leopold III, the then Prince of Belgium described the loss of flora and fauna as mischief. So, the mischief must stop
If the policy of he law has withheld from human beings certain powers and faculties, the courts of law must continue to treat them as deprived of those powers and faculties until that law is amended. Rights of animals have certainly withheld certain powers and faculties from human beings.
Abuses of animal rights are human disruptions, foisted on Mother Nature and constitute inconveniences, which are soon forgotten, even in the face of devastating tragedies attendant to the abuses.
Nigerians should be prepared to begin to maintain a vibrant relationship with flora and fauna with calm assurance that our conscience, knowledge and power will be used for the welfare of animals. The government on the other hand should, as a matter of necessity, come up with a genuine and all encompassing poverty eradication programme with priority being given to the rural communities.
I cannot but commend you for your patience and listening.
I thank you all.
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