Following
the review of the Wildlife policy for which consultations were concluded last
year, Uganda intends to clear any grey areas in the wildlife legislation by
moving to amend the 1996 Wildlife Act.
Among
the proposed amendments in the draft, which was recently up for consultations
at Grand Imperial hotel, is the issue of poaching and trading in wildlife
products whose penalties - both fines and jail sentence - have been revised and
made more punitive. For example, if you are caught hunting an elephant, the
minimum you can pay - with the draft act - is Shs 200m plus ten years in
prison. Yet previously it was at the discretion of the judge to decide the
penalty. For businesspeople caught illegally trading in wildlife products, the
fine shall not be less than the value of the products. Also, any other items such
as a vehicle, gun, aircraft, or boat that one is caught with while carrying out
the crime will be handed over to the government.
"We
are also providing, under the amendment, that government will regularly publish
in the gazette a list of wildlife species according to their conservation
status so that if you are trading in elephants which is endangered, you
shouldn't face the same penalty with someone who is trading in butterflies,
where we have so many or someone trading in cockroaches," he said.
Previously,
poachers and smugglers have been walking away with paltry fines, with some of
the rulings raising eyebrows. For example, once a man who killed a gorilla was
fined Shs 50,000. And recently, a trader who was caught with pangolin scales
worth Shs 300m was fined Shs 200,000 at the Makindye Magistrate's court, where
also the scales disappeared.
"We
have raised the threshold for all existing offences. We want to see how these
criminals will walk free,"
Oil
and Gas
The
draft has updated the law to take care of the emerging challenge of oil and gas
activities in protected areas. At least 31 oil wells are found within protected
areas.
"We
are putting in place a provision, which requires that activities of oil and gas
must recognize first of all the sensitive habitats and breeding areas for
wildlife conservation, and must follow Environment Impact Assessment as
provided by National Environment Management act." The current 1999
wildlife policy, which is under review, does not allow mining in protected
areas, an anomaly that the new act seeks to regularise.
"We
are creating a provision that harmonizes the activities of oil and gas together
with wildlife conservation because when the law was made, oil and gas wasn't an
issue. So, we are providing for coexisting of sustainable wildlife conservation
and extraction of oil," said James Lutalo, the Commissioner, Wildlife
Conservation, ministry of Tourism, Wildlife and Antiquities, who is heading the
review of the act.
"Oil
has come and it will have to be extracted. What we want is to minimize the
damage it will cause. We are legalizing it so that activities can take place in
a legal framework," he added.
Management
The
draft bill also seeks to harmonize the supervision of the sector. The intention
is to spell out each one's role, including that of the minister. Some
conservationists are worried that the draft bill has given a lot of powers to
the minister. For example, the power to run the wildlife fund, which has been
under the UWA executive director, has now been transferred to the board of
trustees.
This
board answers to the minister. Conservationists are worried that the minister
might abuse his/her powers.
Not
strong enough?
There
are some who feel that the draft is not comprehensive enough. Dr Arthur
Mugisha, the country representative Flora and Fauna International, says:
"There is no major input in terms of looking at the challenges of the
country for the wildlife and looking for appropriate legislation to address
those challenges. What causes poaching? The land is becoming smaller and smaller.
We need new strategies, policies and legislation."
Dr
Andrew Seguya, the UWA executive director, says whereas UWA has rights over
management of wildlife outside protected areas, it has no say in the land use
within those areas. Yet land use is important because these are the habitats of
the wildlife.
"These
are very crucial things that have to be captured. How are we going to manage
wildlife outside protected areas if we have no say in the land use, in the
management of the wetlands, or the management of forests where wildlife
is?"