By: Edzorna Francis Mensah
Parliament will soon pass the Wildlife Resources Management Bill 2022 to give proper meaning to the old existing laws in Ghana to offer more protection in accordance with international conventions on wildlife to which Ghana is a signatory to.
The Bill, currently at the consideration stage before the House, is largely seeking to consolidate and revise the laws relating to wildlife and protected areas and make provision for the implementation of international conventions on wildlife to which Ghana is a signatory and for related matters.
The Bill when passed, will greatly increase the scope of protection of wild animals to equally provide for increased list of protected wild animals and prohibit their capture or destruction without the authorization of the Chief Executive of the Forestry Commission.
The first category comprises the list of fully protected wild animals that cannot be hunted, captured or destroyed without the authorization of the Chief Executive for the purpose of conservation, scientific research or captive breeding.
The second category is made up of partially protected wild animals that cannot be hunted, captured or destroyed between 1 August and 18 December of each year.
On the issue of licences and permits in conformity with best international practices, the Bill provides for issuances of licences for specified activities including hunting or capturing of partially protected animals, trading in bush meat derived from partially protected animals, keeping of wild animals as pets, breeding of wildlife in captivity, and establishment of zoological gardens and wildlife reserves.
According to the committee’s report “permits would be required for the export and import of wildlife and wildlife products, the group hunt and capturing of wild animals as part of cultural festivals and propagation of wild plants. These licences and permits comply with Ghana’s international obligations contained in the Convention on Biological Diversity, 1992, and the Revised African Convention on the Conservation of Nature and Natural Resources, 2017”.
Ghana is part of international organisations that have published principles and guidelines on forest management. While these published principles are endorsed by Ghana, they are not reflected in current legislation.
The provisions of the Convention on Biological Diversity, 1992, African Convention on the Conservation of Nature and Natural Resources, 2003, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 were ratified by Ghana in August 1994, June 2007 and February 1976 respectively but are not incorporated in the laws that govern the management of wildlife resources.
The Committee noted that the current laws that govern wildlife and protected areas which are, the Wild Animals Preservation Act, 1961 (Act 43), the Wildlife Conservation Regulations, 1971 (L.I. 685) and the Wildlife Reserves Regulations, 1971 (L.I. 710) were passed over fifty years ago and therefore have become outdated.
The concepts of wildlife management have evolved globally and yet Ghana’s laws on wildlife does not recognise the new thinking in wildlife conservation.
The terminologies of the Act 43, do not reflect the current concepts of wildlife management. The Act focuses only on fauna and neglects flora. Furthermore, it does not cover the conservation of the habitat of wild animals which is essential to the conservation of these animals.
The Committee also noted that the current laws on wildlife and protected areas do not make provisions for communities and the private sector involvement in wildlife management. As the current laws predate both the 1974 and 1994 Wildlife Conservation Policies, they do not address cardinal issues like community participation in wildlife management or the involvement of the private sector in the wildlife industry and the current The Bill will therefore, bring communities and private sectors actively into the management of the wildlife and protected areas.
Functions of the Forestry Commission under the Bill: The Committee observed that the Bill makes a detailed provision for the functions of the Commission which aims to achieve the objectives of the Commission with respect to Wildlife as specified in section 2 of the Forestry Commission Act, 1999 (Act 571). The existing Act does not make provision for the Commission’s functions with regards to wildlife while in Clause 4 of the Bill, the functions of the Commission are clearly spelt out with regards to wildlife management and development. Among these functions, the Commission is to identify and create additional protected areas to ensure adequate protection and representation of the biophysical heritage of Ghana, provide migration Corridors and address other eco-systemic demands necessary to the life cycle of wildlife. This function emphasises the obligation of Ghana under the revised African Convention
BACKGROUND INFORMATION
The current legislative framework which governs the management of the country’s wildlife resources includes the Wild Animals Preservation Act, 1961 (Act 43), the Wildlife Conservation Regulations, 1971 (L.I. 685) and the Wildlife Reserves Regulations, 1971 (L.[. 710). These laws, which were enacted over fifty years ago, have now been found to be deficient and outdated. These laws predate both the 1974 and 1994 Wildlife Conservation Policies and do not address cardinal issues like community participation in wildlife management or the private sector involvement in the wildlife industry.
The name and terminology of the law, Act 43, is itself archaic and fails to recognise the new thinking in wildlife conservation. “Wild Animals Preservation” focuses on fauna and neglects flora and fails to give recognition to the fact that conservation of the habitat of wild animals is essential to the conservation of the animals. “Preservation” does not also reflect the current concept of wildlife management.
Recent efforts to update the law on wildlife include the enactment of the Forestry Commission Act, 1999 (Act 571) which provides for, inter alia, the regulation of the utilisation of forest and wildlife resources, the conservation and management of those resources and coordination of policies related to those resources.
This Bill therefore sets out in detail, the functions of the Commission, aimed at achieving the objects of the Commission with respect to wildlife as specified in section 2 of Act 571.
Furthermore, various international organisations to which Ghana belongs have published principles and guidance on forest management which Ghana has endorsed but are not reflected in the current legislation.
Hence, this Bill seeks to bring our wildlife administration abreast with current management structures and best practice and to involve the various wildlife hosts communities in the management of wildlife resources.
