Kenya Trafficking Legislation
1. Introduction and CITES: Convention in International Trade in Endangered Species
In 1975, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) came into force. Today, there are 179 countries who are “member parties” to the Convention. Each “member party” has some form of domestic legislation that implements CITES, thereby enumerating what is considered illegal trafficking in wildlife in that country and indicating what prosecutorial powers and judicial processes exist domestically for holding these criminals accountable. CITES has established a global framework to regulate and control international trade in endangered species of wild animals and plants listed in its
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It came into force on January 10, 2014 and is largely aimed at improving the protection, conservation and sustainable use and management of the country’s wildlife resources. The 2013 Act contains dramatic increases in both custodial and financial penalties for wildlife-related crimes (largely in reaction to the criticism that the 1976 Act’s penalties did not act as a sufficient deterrent to poachers and traffickers).
• The 1976 Act
The 1976 Act was Kenya’s primary legislation related to wildlife trafficking and conservation until the new law came into force. It was updated at various points but the key elements remained the same since implementation.
In regards to trafficking, it criminalized the hunting of protected animals and the unlicensed hunting of game. It established the Kenya Wildlife Service (“KWS”) as the primary governmental agency in charge of enforcing the 1976 Act. Under this law, the KWS has investigative and prosecutorial powers.
In relation to CITES, the 1976 Act implemented some of the requirements, but not all. And, in fact, Kenya came under very public pressure at the CITES Conference of the Parties in March 2013 for its failure to have implemented domestic legislation that was fully in compliance with CITES. This, along with increased poaching and paltry
The Wildlife Innovation and Longevity Driver (WILD) Act was introduced with the aim of improving and maintaining global biodiversity by addressing four critical issues: habitat loss, invasive species, and wildlife poaching/trafficking. The WILD Act addresses these issues through four provisions: 1) establishing the Theodore Roosevelt Genius Prizes, 2) reauthorizing the Multinational Species Conservation Funds (MSCF), 3) amending the Fish and Wildlife Coordination Act (FWCA), and 4) reauthorizing the Partners for Fish and Wildlife Program (PFWP) (S. 826 - WILD Act, 2017).
The Endangered Species Act was created to help save the endangered and threatened species and help their ecosystems. Basically, its purpose is to slow down the extinction rate. Created on December 28, 1973 by Congress, this act protects about 2270 species of animals and plants and helps many ecosystems. This act was signed by the president of the time, Richard Nixon. A species being endangered means that the species is likely to go extinct without help.
ecological purposes. Various acts and pieces of legislation paired with advocacy on the part of
Poaching has been an elusive, lucrative black market trade of animal parts and over harvests that have had negative side-effects that affected local communities, wildlife populations, and the very environment we live in. In the novel More Poachers Caught, written by Tom Chapin, he enlightens us on some of his apprehensions of poachers that he has had the opportunity to arrest as a game warden of the Northwoods. Tom Chapin is a Hibbing, Minnesota native and a veteran of the the U.S. Army. He received his bachelor’s degree in zoology in 1972 from the University of Minnesota, Duluth. His career as a conservation officer was one of triumph and honor being voted Minnesota conservation officer of the year in 1985. In this
The National Wildlife Institute has published “Conservation Under the Endangered Species Act: A Promise Broken”. Their critique of the Act includes questioning the programs undertaken as a result of the Act have played sufficient roles in the recovery of species that were delisted, as well as questioning the allocation of funding to programs intended to aid listed species.
Since earth was created, there has been a natural phenomenon of species across the globe appearing and disappearing. However, in the past century, many species of animals have been disappearing at an alarming rate. Mainly, this rapidly occurring issue is caused by humans. Humans that contribute to the harmful actions that cause side effects such a pollution, deforestation, habitat loss and poaching. The natural rate of extinction pales in comparison to the extinction rate caused by all of these. According to the World Wildlife Fund, the current rate of extinction is 11,000 times greater than the natural extinction rate. Several different efforts have been made in order to stop or slow down the extinction of earth’s species. The Endangered Species Act is possibly the most successful example of these efforts. It’s main purpose is to get a commitment from the American people that they will work hand in hand to help save species that are at risk of becoming extinct and never returning. This act was put in place in 1973 and since then, no other law about the disappearance of wildlife has been quite as accomplished. Many different species that are protected under this law are either fully recovered or on their way to becoming safer. Laws like these are helping many different creatures left and right, however, at the alarming rate that they are disappearing, something else needs to be done. What people don’t seem to realize is that we depend on many of the animals that we are
In 1981, Congress passed the Lacey Act, which defends plants and wildlife by producing civil and criminal consequences to those who steal, acquire, export, or sell wildlife. The Department of Agriculture, along with other departments, directed this act to help preserve animals in their natural habitat. It states it is unlawful and inhumane to acquire non-domesticated animals as house hold pets or any form of exploitation. In violation of this act,
Specifically, Division 271 of this legislation criminalises “organising the transportation of the victim, into, or within Australia, using coercion, threat or deception” (subsection 271.2 (1B). However, as reflected in the case of Song Chhoung Ea, this legal measure failed to effectively enforce offences upon such individuals. On 2 February 2012, Ea was charged with two counts contrary to subsection 271.2 (1B) of the Criminal Code, however, the jury failed to reach a decision twice, forcing the matter to be listed for retrial commencing 29 September 2014. The failure of this legal response to be responsive and resource efficient proves its ineffectiveness, inadequately enforcing the illegality’s Australia is obliged to criminalise. Comparably, the article “People trafficking probes failed to secure any convictions last year,” published 31 July 2015 by SMH highlights the unenforceability of this legal response. This publication explicitly states that despite an increase in AFP investigations into human trafficking, the Criminal Code Amendment failed to prosecute any offenders, therefore proving its ineffective enforceability and failure to respond to society’s needs. However in contrary, the case of R v Dobie (2009) significantly enhances the enforceability of the Criminal Code. In this case, the defendant was convicted
This 1973 act reenforced the past laws by allocating land that would be conserved for wildlife and fish. This law required that a list be published of the endangered species, so that people would know the animals are off limits. Representatives from eighty nations gathered together in Washington, D.C. to sign this treaty, that prohibited international trade of endangered species. While signing the act, President Richard Nixon declared, "Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed” (Bradford, page 1). This was a humongous step in the preservation of wildlife and the fate of the wilderness is constantly improving, because people are prevented from killing endangered species due to this law. Data on the effects of the Endangered Species Act shows that every species that has been put on the list of endangered animals is still around today, so obviously this law has had an incredible impact on the wildlife in
Would you wipe the last existing members of an animal species off the face of the Earth? Perhaps, you would in order to grade a field for a mall parking lot. Believe it or not individuals and industries alike would not think twice about this inhumane act. In the early 1900’s an alarming rate of species started to become scarcely extinct. Endangered Species Act, was passed by Congress and became law in 1973. It is one of several federal laws such as the Lacey Act, the Bird Treaty Act, the Marine Mammal Protection Act, and the Bald Eagle Protection Act, but it is the most important one by far (Sherry, 9). The Endangered Species Act was developed for many (change) reasons. In the mid sixties Congress started to notice that the country was rapidly(change)
The Endangered Species Act was signed by President Richard Nixon and approved by the 93rd Congress on December 28, 1973. The overall purpose of the act is for the federal government to protect and recover species that are in jeopardy and the ecosystems upon which they depend on to survive and reproduce successfully. Protecting the 2,245 species that are either endangered or threatened and preventing future possible species from becoming endangered are the two main goals of the Endangered Species Act. Equally, the U.S. Fish and Wildlife Service and the Commerce Department’s National Marine Fisheries Service administrate and enforce the Act so that the
Narwhals have been listed as “Nearly Threatened” since 2008. Very few laws have been proposed in attempts to protect this interesting species. In an effort to support conservation, the European Union established an import ban on hunting Narwhals for their tusk (tooth). Narwhals are becoming extinct for three main reasons.
The CRoW applies to England and wales only, received royal assent on 30 November 2000. This act contains five parts and sixteen schedules, the act provides for public access on foot to certain types of land, amends the law relating to public rights of way, increases measures for the management and protection for sites of special scientific interests (SSSI) and strengthens wildlife enforcement legislation.
The Marine Mammal Protection Act was established and signed in 1972. According to Ray and Potter (2011), this bill was “passed, despite some times-contentious testimony, without significant opposition or debate by both the House of Representatives and the Senate and was signed into law on 21 October 1972”. This particular environmental act sought to protect whales, dolphins,
Hunters, activist or conservationists have a common goal “ensure that endangered species are here for generations to come” . Some comments that conservation trough commerce is a worthy way to manage natural resources and create awareness of endangered species. Hunters are more likely to be interested in support charities in order to prevent endangered animals to become extinct.