How the United States & Other Nations Protect Elephants

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CITES is the acronym for the Convention on International Trade in Endangered Species of Wild Fauna & Flora. The elephants, threatened with extinction because of poaching for ivory, were sought to be protected from international trade by being listed on Appendix I of CITES since 1989.

"Elephas Maximus" (Asian) and "Loxodonta Africana" (African) elephants are listed on Appendix I of CITES. The primary concern, however, was with African elephants. The male Asian elephants have small tusks and Asian females do not have visible tusks.

The ban in 1989 was temporary. The ban was reevaluated in 1992. 115 countries signed on to CITES. The market for ivory declined following the ban as did the poaching. The implementation of the ban caused the collapse of the ivory market. Some trading in ivory continued from stocks. Black market prices for ivory stood at $5.00 per pound in 1993. China and Taiwan continued to trade in ivory.

Several Africa countries---Zimbabwe, Namibia, and Botswana (ZNB) had called for CITES to downlist the elephants in these countries from Appendix I to Appendix II. Appendix II is the list of species which can be internationally traded with permits.

In June, 1997, at the 10th CITES Conference in Harare, Zimbabwe, the decision was made to downlist the elephant population in these countries to Appendix II. However, opponents to this decision were able to get some stringent conditions imposed. Because of these conditions, a legal ivory trade has not been started as of this date--November 1998.

1. No trade in ivory can take place until 18 months after the Harare decision came into force and then:

a. only a limited quantity of ZNB's stockpiled ivory.

b. Japan is to be the only trading partner.

c. only if poaching, smuggling and corruption are deemed to be under control.

d. only if there is no increase in poaching attributable to the Harare decision.

2. If the above problems occur, the downlisting of elephants in Zimbabwe, Namibia and Botswana to Appendix II would be reversed.

CITES UPDATES

No. 2004/030
Geneva, 30 April 2004

Notification to the Parties

CONCERNING:

Monitoring of illegal trade in ivory

1. With Notification to the Parties No. 1999/92 of 30 November 1999 the Secretariat distributed a form and explanatory notes to report seizures of ivory and other elephant products.

2. The Secretariat reminds Parties of the considerable time, money and effort that have been devoted to the Elephant Trade Information System (ETIS) and encourages them to submit reports on all seizures of ivory and other elephant products.

3. These reports may be submitted for inclusion in ETIS in printed form or electronically to the CITES Secretariat for passing to TRAFFIC, or directly to TRAFFIC. To ensure that any such information will be included in the upcoming analysis of ETIS data for the 13th meeting of the Conference of the Parties (Bangkok, 2004), Parties should ensure that their submissions reach TRAFFIC by 30 May 2004. TRAFFIC’s contact details are:

TRAFFIC East/Southern Africa
c/o WWF Southern Africa Regional Programme Office

Mailing address: P.O. Box CY 1409
Causeway
HARARE
Zimbabwe

Street address: 10 Lanark Road
Belgravia
HARARE
Zimbabwe

Tel: +263 (4) 25 25 33/4
Fax: +263 (4) 25 27 03; 25 29 02
Email: etis@wwf.org.zw

4. Submissions can be made using the Ivory and Elephant Product Seizure Data Collection Form distributed with Notification to the Parties No. 1999/92, which is available in electronic format from the CITES website. Alternatively, TRAFFIC will also accept electronic or printed spreadsheets of elephant product seizure information as long as they contain the minimum set of data required for entry into ETIS. With reference to the data collection form, the minimum information required to enable entry of a seizure case into ETIS is:

  • – (Question 1) source of data;
  • – (Question 2) date of seizure AND the agency or authority responsible for the seizure;
  • – (Question 4) location of the seizure; and
  • – (Question 9) number and/or volume of ivory seized by type (i.e. raw, semiworked or worked ivory); or
  • – (Question 10) number and/or volume of non-ivory elephant product seized.

5. Cases that are reported without the above information cannot be entered into ETIS and TRAFFIC will have to seek further details from the appropriate authorities.

6. Parties are also encouraged to include other important information, if known, particularly (Question 5) country of origin, (Question 6) country of export/re-export and (Question 7) country of destination/import for the elephant products seized, as this information serves to strengthen any subsequent analysis of the ETIS data.

7. Parties are reminded that ETIS includes records of elephant product seizures that have occurred since 1989. Thus, Parties are encouraged to review and provide information on seizures that have occurred in the past but that have not been reported to ETIS yet.

8. Parties are advised that they should also communicate the absence of ivory or other elephant product seizures within the course of a year. Indeed, a report that no seizures have been made is a far more useful than not communicating any information at all.

9. Finally, in reporting ivory seizures, Parties are asked to pay particular attention to the need to identify the type of ivory involved. ETIS recognizes three types of ivory: 'raw ivory', 'semi-worked ivory' and 'worked ivory'. Definitions of these ivory types are found in the Explanatory Notes that were circulated in Notification to the Parties No. 1999/92. Failure to indicate the precise type of ivory seized is the most common problem preventing data entry of ivory seizure cases and considerable time is required to clarify this issue with the appropriate Management Authorities so that such cases can eventually be included in ETIS.

10. This Notification replaces Notification to the Parties No. 2003/067 of 12 November 2003.

No. 2003/067
Geneva, 12 November 2003

Notification to the Parties

CONCERNING:

Monitoring of illegal trade in ivory

1. Notification to the Parties No. 1999/92, of 30 November 1999, describes the Elephant Trade Information System (ETIS). The annexes to that Notification contain the data collection form and explanatory notes.

2. The explanatory notes provide contact details for TRAFFIC East/Southern Africa, which maintains the system on behalf of the Secretariat. These details are now out of date.

3. The following are the current contact details for the supply of information or for any questions regarding ETIS:

TRAFFIC East/Southern Africa
c/o WWF Southern Africa Regional Programme Office

Mailing address: P.O. Box CY 1409
Causeway
HARARE
Zimbabwe

Street address: 10 Lanark Road
Belgravia
HARARE
Zimbabwe

Tel: +263 (4) 25 25 33/4
Fax: +263 (4) 25 27 03; 25 29 02
Email: etis@wwf.org.zw

2003/018 -- dated 04/04/03 -- Decisions in effect after the 12th meeting of the Conference of the Parties.

Decision 10.2 (Rev. CoP11) Elephants – Conditions for the disposal of ivory stocks and generating resources for conservation in African elephant range States.

Elephants – Conditions for the disposal of ivory stocks and generating resources
for conservation in African elephant range States

10.2
(Rev. CoP11)

a) The African elephant range States recognize:

i) the threats that stockpiles pose to sustainable legal trade;

ii) that stockpiles are a vital economic resource for them;

iii) that various funding commitments were made by donor countries and agencies to offset the loss of assets in the interest of unifying these States regarding the inclusion of African elephant populations in Appendix I;

iv) the significance of channelling such assets from ivory into improving conservation and community-based conservation and development programmes;

v) the failure of donors to fund elephant conservation action plans drawn up by the range States at the urging of donor countries and conservation organizations; and

vi) that, at its ninth meeting, the Conference of the Parties directed the Standing Committee to review the issue of stockpiles and to report back at the 10th meeting.

 

b) Accordingly, the African elephant range States agree that all revenues from any purchase of stockpiles by donor countries and organizations will be deposited in and managed through conservation trust funds, and that:

i) such funds shall be managed by Boards of Trustees (such as representatives of governments, donors, the CITES Secretariat, etc.) set up, as appropriate, in each range State, which would direct the proceeds into enhanced conservation, monitoring, capacity building and local community-based programmes; and

ii) these funds must have a positive rather than harmful influence on elephant conservation.

 

c) It is understood that this decision provides for a one-off purchase for non-commercial purposes of government stocks declared by African elephant range States to the CITES Secretariat within the 90-day period before the transfer to Appendix II of certain populations of the African elephant takes effect. The ivory stocks declared should be marked in accordance with the ivory marking system approved by the Conference of the Parties in Resolution Conf. 10.10 (Rev. CoP12). In addition, the source of ivory stocks should be given. The stocks of ivory should be consolidated in a pre-determined number of locations. An independent audit of any declared stocks shall be undertaken under the auspices of TRAFFIC International, in cooperation with the CITES Secretariat.

 

d) The African elephant range States that have not yet been able to register their ivory stocks and develop adequate controls over ivory stocks require priority assistance from donor countries to establish a level of conservation management conducive to the long-term survival of the African elephant.

 

e) The African elephant range States therefore urge that this matter be acted upon urgently since any delays will result in illegal trade and the premature opening of ivory trade in non-proponent range States.

 

f) This mechanism only applies to those range States wishing to dispose of ivory stocks and agreeing to and participating in:

i) an international system for reporting and monitoring legal and illegal international trade, through an international database in the CITES Secretariat and TRAFFIC International; and

ii) an international system for reporting and monitoring illegal trade and illegal hunting within or between elephant range States, through an international database in the CITES Secretariat, with support from TRAFFIC International and institutions such as the IUCN/SSC African Elephant Specialist Group and the Lusaka Agreement.


Decision 12.33 – 12.35 Elephants – Monitoring of the Illegal Killing of Elephants (MIKE)

Elephants – Monitoring of the Illegal Killing of Elephants (MIKE)

Directed to the Standing Committee

12.33

By its 49th meeting, the Standing Committee, in consultation with the MIKE Central Coordinating Unit and IUCN should define the geographical scope and the nature of the data that constitute the baseline information from MIKE that must be provided before any exports can be approved.

12.34

The Standing Committee shall determine how it would conclude that a detrimental impact on other elephant populations had occurred as a result of approved trade in ivory.

12.35

By its 49th meeting, the Standing Committee is encouraged to recommend measures for improving law enforcement coordination between ivory producing and ivory importing States.


Decision 12.36 – 12.39 Elephants – control of internal ivory trade

Elephants – control of internal ivory trade

Directed to Parties, donors and organizations

12.36

Parties, donors and organizations are requested to provide urgent financial and technical support to strengthen the implementation of Resolution Conf. 10.10 (Rev. CoP12) regarding control of internal ivory trade in elephant range States for, inter alia:

a) building capacity for law enforcement within elephant range States;

b) improving public awareness of the conservation impacts from unregulated national trade in ivory;

c) improving coordination and cooperation amongst national law enforcement agencies;

d) registering and marking raw ivory in public and private possession, and registering and licensing all importers, manufacturers, wholesalers and retailers dealing in raw, semi-worked or worked ivory products;

e) introducing recording and inspection procedures as part of a system of comprehensive and compulsory national trade controls; and

f) urgently strengthening provisions in their national legislation concerning the regulation of internal ivory markets and the implementation of CITES in general where necessary.



Directed to the Standing Committee

12.37

The Standing Committee, at its 50th meeting, shall review the work conducted by the Secretariat and the Parties to comply with Decision 12.39 and shall consider whether additional measures are appropriate. In the case of non-compliance these may include recommendations to restrict the commercial trade in specimens of CITES-listed species to or from the Parties concerned.


Directed to the Secretariat

12.38

The Secretariat shall assist range States as outlined in Decision 12.36 paragraphs a) to f).

12.39

a) Contingent on the availability of funding, the Secretariat shall assess whether countries with currently active internal ivory markets (i.e. Cameroon, China, the Democratic Republic of the Congo, Djibouti, Ethiopia, Japan, Nigeria, Thailand, Uganda and the United States of America) have established the comprehensive internal legislative, regulatory and enforcement measures specified in Resolution Conf. 10.10 (Rev. CoP12) regarding compliance with control of internal trade.

b) Where such assessments demonstrate that a Party does not have adequate measures, the Secretariat shall seek from that Party an action plan that is an outline of its programme to adopt measures to enable it to adequately regulate trade in ivory. The purpose of such a plan is to establish and commit to a timeframe for developing, approving, enacting and implementing such measures. The Secretariat shall provide technical assistance in the development of such plans.


No. 2002/011
Geneva, 6 March 2002

Notification to the Parties

CONCERNING:

Quotas for trade in raw elephant ivory

1. Resolution Conf. 10.10 recommends that Parties that wish to authorize export of raw ivory of African elephant, Loxodonta africana, establish an annual export quota, expressed as a maximum number of tusks.

2. The same Resolution recommends that Parties communicate to the Secretariat each export quota for the following year by 31 December and that the Secretariat communicate this to the Parties by 31 January of the year to which the quota applies.

3. In Notification to the Parties No. 2001/073 of 5 November 2001, the Secretariat requested the Parties to submit their quotas for 2002.

4. The list below contains the quota information that was received by the Secretariat by 31 January 2002.

Botswana 420 tusks (210 animals)

Cameroon 160 tusks (80 animals)

Gabon 150 tusks (75 animals)

Mozambique 20 tusks (10 animals)

Namibia 150 tusks (75 animals)

South Africa 120 tusks (60 animals)

United Republic of Tanzania 100 tusks (50 animals)

Zimbabwe 800 tusks (400 animals)

5. In accordance with the provisions of paragraph f) under the fourth RECOMMENDS of Resolution Conf. 10.10 (Rev.), a quota of zero has been established for each country that has not submitted a quota.

6. Parties are requested not to accept permits issued for the export of raw ivory, other than those issued by the countries mentioned under paragraph 4 above. It should be stressed that all populations of Loxodonta africana are in Appendix I except those of Botswana, Namibia, South Africa and Zimbabwe, which are included in Appendix II subject to certain conditions (see annotation °604 of the Interpretation of Appendices I and II).

7. The Secretariat will notify the Parties when other countries have submitted their quotas for raw ivory in accordance with Resolution Conf. 10.10 (Rev.).

No. 2001/073
Geneva, 5 November 2001

Notification to the Parties

CONCERNING:

Submission of nationally-established export quotas for the year 2002
Correction to export quotas for 2001

1. The Secretariat plans to publish a Notification to the Parties on nationally-established export quotas for the year 2002 in March 2002, or earlier if possible. It therefore requests that the Parties provide it with details of the export quotas that they have established for 2002, by 31 December 2001 at the latest. Quotas received after that date will not be published before June 2002.

2. The information requested should preferably be presented in a format similar to that used in the table that was transmitted with Notification to the Parties No. 2001/041 of 9 July 2001, and which is available on the CITES Secretariat website. Parties should specify the origin and the type of the specimens that will be subjected to annual export quotas.

3. For species included in the table transmitted with Notifications to the Parties Nos. 2001/041, 2001/055 and 2001/066, changes from the 2001 export quota levels may also be transmitted to the Secretariat in the form of annotations to the relevant page of that table. Exports quotas for additional species should preferably be provided electronically using the standard nomenclature where applicable. In cases where export quotas remain the same in 2002 as in the previous year, the Secretariat should be duly notified of this decision.

4. Regarding export quotas for African elephant hunting trophies, the range States concerned should refer to the section entitled 'Regarding quotas for and trade in raw ivory' in Resolution Conf. 10.10 (Rev.).

5. Regarding the submission of reports pursuant to Resolutions Conf. 10.14 and Conf. 10.15 (Rev.), on the leopard Panthera pardus and the markhor Capra falconeri, the Secretariat reminds the Parties concerned of the provisions of these Resolutions regarding reports relating to trade in skins and hunting trophies of these species.

6. Regarding export and catch quotas for Acipenseriformes, the range States concerned are reminded of Decision 11.58 taken at the 11th meeting of the Conference of the Parties that "starting from 1 January 2001, range States should declare coordinated intergovernmental level annual export and catch quotas per basin, or biogeographical region where appropriate, for all commercial trade in specimens of Acipenseriformes. Parties should inform the Secretariat prior to 31 December of the preceding year. Parties that fail to inform the Secretariat will automatically be treated as having a zero quota for the following year."

7. The information requested should be presented in a format similar to that used in the table that was transmitted with Notification to the Parties No. 2001/042 of 9 July 2001, which is available on the CITES Secretariat website.

8. As explained in Notification No. 2001/041, Parties that intend to authorize exports in the year 2002 of specimens that should have been exported as part of the quota for the year 2001 should inform the Secretariat before 15 January 2002 about the quantities still held in stock and the reason why they have not been exported. Otherwise the Secretariat may not be in a position to confirm the validity of the permits concerned.

9. Parties are encouraged to provide the Secretariat with information pertaining to the scientific basis, the management plan or agreement upon which export quotas have been based.

10. The Secretariat has been informed by the Management Authority of Indonesia that the export quota for the year 2001 of Plerogyra sinuosa is 36,000 live specimens, and not 3,600 live specimens as erroneously mentioned in Notification to the Parties No. 2001/41 of 9 July 2001. The corrected page is attached as an Annex to this Notification.

CITES Notification to the Parties
No. 2001/030
Geneva, 18 May 2001
CONCERNING: Monitoring of illegal hunting of elephants and National reporting forms on illegal killing of elephants and enforcement actions. Monitoring of illegal trade in ivory

1 The Ivory Markets of Africa, Save the Elephants, 2000; The South and South East Asian Ivory Markets, Save the Elephants, 2002; and The Ivory Markets of East Asia, Save the Elephants, 2003.
2 Courouble, M., Hurst, F. and Milliken, T., More Ivory than Elephants: Domestic Ivory Markets in Three West African Countries. TRAFFIC On-Line Report Series No. 8, December 2003.

See the entire document at http://www.cites.org/common/cop/13/raw-docs/KE03.pdf



TRAFFIC is the wildlife trade monitoring programme of the WLF--World Wildlife Fund for Nature IUCN--The World Conservation Union

African Elephants and the Eleventh Meeting of the Conference of the Parties to CITES--A TRAFFIC Network Briefing Document by Tom Milliken, Director of TRAFFIC East/Southern Africa

African Elephants Loxodonta africana are back on the CITES agenda. New proposals have been tabled for the eleventh meeting of the Conference of the Parties to CITES (COP11). These proposals, along with a review of the decisions taken at COP10 in Harare June 1997, will be under consideration when the 148 Parties to CITES convene in Nairobi, Kenya in April 2000. TRAFFIC takes a look at the issues and recent developments in this briefing.

1. What has happened since COP10? Were Botswana, Namibia and Zimbabwe, the three countries whose elephant populations were transferred to Appendix II, allowed to trade ivory with Japan? Yes. In February 1999, the CITES Standing Committee agreed that the conditions set by COP of Decision 10.1 Conditions for the resumption of trade in African elephant ivory from populations transferred to Appendix II at the 10th meeting of the Conference of the Parties had been met. Back-to-back ivory auctions were subsequently held in the three countries with Japanese buyers in April 1999. The entire stock eligible for the one-off sale -a total of 49,574 kg of ivory, representing 5,446 tusks- was purchased for approximately US $5 million. Sent to Japan by sea, the shipment cleared import formalities on 16 July 1999, after a verification process involving Japanese Customs and the CITES Secretariat. With the conclusion of this experimental trade, the first of its kind since the ivory ban in 1990, the elephant populations of Botswana, Namibia and Zimbabwe remain on Appendix II under annotation, but with a zero quota for ivory. No other commercial trade in raw ivory can take place without the approval of a future COP.

2. What African Elephant proposals have been submitted for consideration by CITES COP 11 in April 2000? Six proposals dealing with the listing of the African Elephant in the CITES Appendices were officially submitted to the CITES Secretariat for consideration at COP11 in accordance with a 12 November 1999 deadline. The proposals are as follows: Botswana has proposed to amend the current annotation of its elephant population on Appendix II to allow for an annual quota of not more than 12 tons of ivory and trade in hides and leather goods. Botswana would also be able to trade in live animals to appropriate and acceptable destinations; and international trade in hunting trophies as currently allowed. Namibia has proposed to amend the current annotation of its elephant population on Appendix II to allow for an annual quota of not more than 2 tons of ivory and trade in hides and leather goods. Namibia would also be able to trade in live animals to appropriate and acceptable destinations; and international trade in hunting trophies as currently allowed. Zimbabwe has proposed to amend the current annotation of its elephant population on Appendix II to allow for an annual quota of not more than 10 tons of ivory. Zimbabwe would also be able to trade in live animals to appropriate and acceptable destinations; international trade in hunting trophies; trade in hides; and trade in leather goods and ivory carvings for non-commercial purposes as currently allowed. South Africa has proposed to transfer its elephant population from Appendix I to Appendix II to allow: trade in raw ivory under an experimental quota of a maximum of 30 tons of government-owned stock originating from Kruger National Park; trade in live animals for re-introduction purposes into protected areas; trade in hides and leather goods; and trade in hunting trophies for non-commercial purposes. Switzerland, as the CITES Depository Government, has proposed to amend the current annotation of the elephant populations of Botswana, Namibia and Zimbabwe on Appendix II to provide for a quota for trade in raw ivory in the event that the above three proposals are not accepted at COP11. Switzerland further seeks to clarify a procedure with respect to exports of live elephants to "appropriate and acceptable" destinations by ensuring that the proposed recipient can suitably house and care for the animals in question, and that the animals will not be used for "primarily commercial purposes". Kenya, co-sponsored with India, has proposed to transfer all elephant populations listed in Appendix II (currently the populations of Botswana, Namibia and Zimbabwe) back to Appendix I. In short, Kenya and India want total protection, while Southern African countries seek conditional trade options.

3. How will these proposals be dealt with prior to, and during, COP11? Consideration of the South African proposal will follow the procedure laid out in Resolution Conf. 10.9 Consideration of Proposals for the Transfer of African Elephant Populations from Appendix I to Appendix II. The CITES Secretariat is mandated to activate a so-called Panel of Experts, composed of individuals nominated by UNEP, IUCN and TRAFFIC International. The Panel will evaluate the scientific evidence regarding the numbers and trends of the affected elephant populations; the conservation and management of these populations, and threats to their status; and the adequacy of controls on trade in ivory and other parts and derivatives. The Panel must meet within two months of submission of the proposal and a report on the Panel's findings must be submitted to the Parties for their consideration. At COP11, acceptance of any downlisting proposal will require a 2/3 majority vote. Abstentions are not counted. None of the other elephant proposals will be subjected to the Panel of Experts process because they are not downlisting proposals. For the proposals from Botswana, Namibia and Zimbabwe, whose elephant populations are already on Appendix II, the conditionality for the one-off sale of ivory established at COP10 was such that any future quotas for ivory require a 2/3 majority vote of the Parties. Further, as Botswana and Namibia aim to extend the allowable trade options to include trade in elephant hides and leather products (as is currently the case for Zimbabwe), a 2/3 majority vote is needed for acceptance. Finally, the Kenya/India proposal to transfer all elephant populations back to Appendix I will also require a 2/3 majority vote to be accepted. Once tabled, proposals can be made more restrictive, but they can not be broadened. It is also possible to withdraw a proposal prior to the COP.

4. What impact will further downlistings and trade in elephant products have on African and Asian elephant populations and conservation efforts on their behalf? There is always concern that any resumption of trade in ivory could give rise to the illegal killing of elephants. That is why, at COP10, the Parties approved Resolution Conf. 10.10 Trade in Elephant Specimens. This resolution mandates the creation of comprehensive, international monitoring systems to measure current levels and identify trends of illegal hunting of elephants and trade in ivory, and to assess whether and to what extent observed trends result from developments under CITES. Although it has long been appreciated that monitoring the status of elephants on the ground is a key requirement for sound elephant conservation, not until COP10 and the decision to allow a conditional one-off sale of ivory was there a firm international commitment to the development of credible monitoring systems for elephants on a continental scale.

5. What exactly are the CITES monitoring systems for elephants? Since COP10, two long-term monitoring systems have been designed, under the guidance of the CITES Standing Committee, to meet the requirements of Resolution Conf. 10.10. MIKE (Monitoring Illegal Killing of Elephants) is now the approved instrument for tracking the situation on the ground in elephant Range States across Africa and Asia. MIKE was developed through a process led by the Species Survival Commission of IUCN which involved the participation of a wide range of technical experts from various relevant disciplines. ETIS (Elephant Trade Information System) is the designated system to monitor illegal trade in ivory and elephant products. ETIS was designed by TRAFFIC, in consultation with statisticians from the University of Reading, U.K., and is a refined version of an earlier database known as BIDS, the Bad Ivory Database System, which was recognised in Resolution Conf. 10.10 "as the appropriate instrument for monitoring the pattern and measuring the scale" of trade in ivory.

6. When will the MIKE and ETIS reports be ready, and will they tell us whether there has been an increase in elephant poaching related to the CITES decision to allow the one-off sale of ivory from southern Africa? In fact, both MIKE and ETIS are still being developed. MIKE, which had no existing structure under which to operate, has had to be designed, funded and implemented from scratch . Understandably, this is an undertaking of major proportions. The CITES Standing Committee formally approved the MIKE design in February 1999. Currently, pilot projects to implement MIKE are underway at selected sites in Central Africa and Southeast Asia. Other steps are being taken to move the MIKE agenda forward elsewhere, and certain Southern African countries are working to fully operationalise MIKE sites in their countries with their own funds prior to COP11. While significant progress has been made to establish MIKE, the first technical analysis will not be possible until data has been collected over two successive periods of observation. This means the first year of an operationalised MIKE provides baseline data, and the first analytical output follows the second year of data collection. Thereafter, annual statistical assessments are possible, but MIKE can not deliver a technical report to COP11. This fact was duly acknowledged as far back as December 1997 in the MIKE design documents, which were approved by the CITES Standing Committee with this understanding. With respect to ETIS, the seizures database component is up and running, but the subsidiary databases are still under development, particularly the one for measuring law enforcement effort. While it is not possible to establish overall trends at this time, TRAFFIC is producing summary country reports for all of the Parties prior to COP11. In the final analysis, it is anticipated that both MIKE and ETIS will deliver analytical reports to COP12. Once fully operationalised, these monitoring systems have the potential to provide the most credible assessment ever of what is happening to elephants in the wild on a continental scale.

7. Until long-term monitoring systems under CITES are fully operational and delivering the required reports, what is CITES doing to monitor the situation now? In recognition of the fact that the long-term monitoring systems would take time to be established, the CITES Standing Committee adopted two interim protocols for tracking the illegal killing of elephants. The first protocol allows for the submission of "incident reports", whereby Parties have been invited to report instances of allegedly poached elephants to the CITES Secretariat. The Secretariat has agreed to assist in verifying such reports, including any from non-official sources, through investigation and report back to the Parties on its findings. To date, only a small number of such reports have been submitted to the Secretariat. The second protocol consists of "national reports". The Governments of some elephant Range States are already compiling data on the illegal killing of elephants in their countries as part of their own elephant conservation efforts. All Range States have been encouraged to report such information to the CITES Secretariat. Again, to date, only a handful of countries have submitted national reports to the Secretariat. To support the incident and national reporting effort, special reporting forms were developed and circulated to the Parties in 1998. It was envisaged that, together, these two reporting systems would serve as a kind of "early warning system" if elephant poaching began to escalate in a rapid and marked fashion. It needs to be appreciated, however, that while these two systems can provide valuable information about the numbers of elephants being killed, they cannot establish a comprehensive overview nor illustrate trends over time without the provision of other information, particularly on law enforcement effort. Nonetheless, it is very important to have a mechanism in place to pull together all available information on elephant mortalities.

8. Has the sale of ivory stocks from Namibia, Botswana and Zimbabwe been a success for elephant conservation, or has it resulted in more problems? What weaknesses have been identified? Elephant conservation is very expensive and, due to currency devaluations, inflation and competing budgeting priorities, government wildlife department budgets have dropped considerably over the years in almost all the elephant range states. In contrast to this trend, collectively, Botswana, Namibia and Zimbabwe earned some US $5 million from the one-off sale of ivory to Japan, and Zimbabwe has earned another US $1.9 million from two elephant hide auctions in June 1998 and December 1999. All of these funds have gone into special conservation funds to support national elephant management and protection costs, or community-based conservation programmes in rural areas where Africans co-exist with wild elephant populations. In Zimbabwe, some US $575,000, about 40% of the total revenue from its ivory sale, has already been channeled back to the local communities where the ivory originated. In terms of weaknesses, some countries believe that the downlisting in 1997 and the allowance of the limited ivory sale this year has prompted increased elephant poaching. Since COP10, there is clear evidence that elephant poaching has escalated in some parts of Africa experiencing civil unrest and conflict, but it is difficult to establish a causal link between such killing and elephant developments under CITES. In certain areas, a meat trade to provision soldiers or feed tens of thousands of civilian refugees stands behind large-scale elephant killing. Recently, there have been numerous reports in the press of elephant poaching in other parts of Africa suggesting an upsurge in illegal off-take. Whether this represents a heightened sensitivity on the issue in the build-up to the CITES conference or a genuine and worrying development remains to be seen. Without an assessment of law enforcement effort, it is not possible to establish any kind of meaningful trend at this time. As mentioned earlier, very few Range States have filed incident or national reports on the illegal killing of elephants in their countries with the CITES Secretariat. The backdrop against which elephant poaching takes place needs to be appreciated. Active domestic ivory markets continue in many elephant Range States in Africa, especially Cameroon, Congo, Ethiopia, Ivory Coast, Mozambique, Nigeria and Senegal, and in Asia, particularly Burma, Thailand and Vietnam. Elsewhere, active ivory markets are found in Egypt, Singapore and throughout the Far East. There is little doubt that considerable volumes of ivory annually move through these markets. TRAFFIC has also documented the emergence of Africa- based, Asian-run ivory processing throughout much of the continent during the CITES ban period. These small-scale operations produce quantities of semi-worked and worked ivory products for illicit export to selected Asian markets. Throughout the CITES trade ban period, demand for raw and worked ivory has continued in China, Taiwan, Korea and parts of Southeast Asia, as evidenced by TRAFFIC's seizures data. For the most part, these are not new markets, and their demand for ivory is a phenomenon which functions independently of the situation in Japan, the traditional and now highly-regulated consuming ivory market into which the legal CITES trade from Southern Africa was directed.

9. What about the non-commercial disposal of ivory stocks throughout Africa that was agreed to at COP10? Has anything happened on that front? At COP10, Decision 10.2 Conditions for the disposal of ivory stocks and generating resources for conservation in African elephant range States established a specific procedure for a non-commercial donor buy-out of ivory stocks. The objective of this decision was to eliminate the security and financial liabilities that accumulating ivory stocks pose to African countries and to raise funds for elephant conservation purposes. Range States were invited to register their ivory stocks in a prescribed format with the CITES Secretariat by 18 September 1997, and these were then subjected to an audit by TRAFFIC. In the final analysis, a total of 158,077 kg of ivory, representing more than 39,947 tusks and pieces, was registered and accepted on behalf of 14 countries. Interested donors were invited to purchase the stocks for non-commercial purposes which meant that none of the ivory could be re-sold in any form at any time in the future. So far, the donor community has failed to respond to this opportunity to inject funds into elephant conservation and no stock buy-outs have transpired pursuant to this mechanism. This is a disappointing result, and the issue is sure to be addressed at the next meeting of the African Elephant Range State Dialogue and at COP11.

10. Will the elephant hide auctions in Zimbabwe, and the possibility of future hide sales in South Africa, Botswana and Namibia stimulate elephant poaching? TRAFFIC research in the past has failed to uncover any linkage between elephant poaching and a trade in elephant hides. The logistical challenges in removing commercial-quality hides from illegally-killed animals are substantial. There is no evidence to suggest that elephants are being poached anywhere in their range to support an illegal trade in hides. The value of hides is considerable and their legal sale would generate significant funds for elephant conservation and management. It has been suggested that South Africa alone could earn US $1 million annually from hide sales. The international market for hides has rebounded with the average price increasing by 76% per kg at Zimbabwe's December 1999 sale over the first elephant hide auction held 18 months earlier. For more details, see TRAFFIC Bulletins Vol. 15 No. 1 (1994) and Vol. 17 No. 3 (1999).

Species Survival Commission (SSC)
The Global Conservation Network for Species Survival

The Species Survival Commission works with Conservation organizations, development agencies, governments, and communities to conserve biodiversity and to ensure that development is sustainable. The SSC tries to ensure that all understand the biological components and dynamics of ecosystems. The Species Survival Commission helps provide decision-makers with the needed tools, resources, or information.

The IUCN Species Survival Commission (SSC) assesses the dynamics of biodiversity through the study of plant and animal species. Monitoring these components of biodiversity enables detection of trends, allows for identification of threats, and provides a scientific basis for determining the best conservation and sustainable development options.

The Species Survival Commission identifies threats to groups of species and actions to alleviate threats (the Action Planning process); highlights situations where commercial trade in wild species appears unsustainable; develops best practice guidelines for conservation initiatives, and ensures that relevant parties are aware of SSC’s knowledge base.Theses are some of the ways that the SSC contributes to conservation of biodiversity. For example:

SSC produces assessments like the IUCN Red List of Threatened Species. Analyses of the Red List reveals alarming statistics about the percentages of plant and animal species threatened with extinction and serves as a gauge of biodiversity loss. Monitoring the condition of all species, and particularly of specific groups of species such as trees or freshwater organisms, helps to identify global conservation priorities.

SSC assesses species as indicators of ecosystem health

SSC facilitates resolutions to conservation challenges, using its science-based approach and technical expertise. For example, at the request of the range states of the African elephant, SSC helps facilitate a dialogue between these states to address the complex and often contentious elephant conservation issues.

SSC advises the government Parties to international treaties, to help ensure that decisions are informed by the best available information about biodiversity, migratory species, and other issues. SSC provides scientifically-based analyses of proposals to change the way plant and animal species are regulated within the terms of the international treaty on trade in endangered species (CITES).

SSC products include:

  • IUCN Red List of Threatened Species
  • Conservation Action Plans
  • Species SSC’s news magazine
  • Specialist Groups newsletters
  • Conservation Guidelines
  • A variety of conservation reports and
    advisory materials

SPECIES SURVIVAL PLAN

The American Zoo and Aquarium Association's (AZA's) Species Survival Plan (SSP) was started to help in the effect to prevent the extinction of selected wildlife species. Most SSP species are endangered or threatened in the wild. The Species Survival Plan, or SSP, was started in 1981 as a cooperative population management and conservation program for selected species at North American zoos and aquariums. Each SSP carefully manages the breeding of a species in order to maintain a healthy and self-sustaining captive population that is both genetically diverse and demographically stable. Beyond this, SSPs include a variety of other cooperative conservation activities, such as research, public education, reintroduction, and field projects. Currently, 87 SSPs covering 116 individual species are administered by the American Zoo and Aquarium Association, whose membership includes 183 accredited zoos and aquariums throughout North America.

AFRICAN ELEPHANT SSP

The African elephant SSP was begun in August 1990. One of the first priorities was to established more facilities for the handling of dangerous African bull elephants. As of February 1998, there were about 122 cows and 13 bull African elephants in the program. Why was the African elephant included in the SSP? Poachers have killed most of the older elephants for their larger tusks, and the loss of a matriarch may throw a herd into confusion. Orphaned elephants have a poor survival rate, and while elephants reach their prime at about 40 years of age, the average age has dropped to only 24 years old. Threatened by poachers and encroaching domestic livestock, some elephants face overcrowding in parks and reserves. A herd of elephants requires an enormous territory to forage for food. Increased guard protection in national parks and reserves and a forceful policy of shooting poachers on sight are some measures African nations are using to deter poaching.

ASIAN ELEPHANT SSP

The Asian elephant SSP was begun before the African elephant SSP. One of the major problems was the lack of facilities that can handle bull elephants. Research is being performed on methods to predict or control the dangerous musth phase in bulls and on artificial insemination techniques. It is hoped more elephants can be added to found genetic lines. As of February 1998, there were about 132 cows and 23 bull Asian elephants in the program. Why was the Asian elephant included in the SSP? The main threat to the Asian elephant is the loss of its habitat due to human over-population & development of agriculture. Poaching for its ivory tusks has also reduced its numbers. About 50,000 Asian elephants remain in the wild. There are approximately 13,000 trained domestic elephants. The domestic Asian elephant is rarely bred.

Convention on International Trade in Endangered Species of Wild Fauna and Flora

The Contracting States,

Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;

Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;

Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;

Recognizing, in addition, that international co-operation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade;

Convinced of the urgency of taking appropriate measures to this end;

Have agreed as follows:

ARTICLE I Definitions

For the purpose of the present Convention, unless the context otherwise requires:

(a) "Species" means any species, subspecies, or geographically separate population thereof;

(b) "Specimen" means:

    (i) any animal or plant, whether alive or dead;

    (ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and

    (iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;

(c) "Trade" means export, re-export, import and introduction from the sea;

(d) "Re-export" means export of any specimen that has previously been imported;

(e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;

(f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX;

(g) "Management Authority" means a national management authority designated in accordance with Article IX;

(h) "Party" means a State for which the present Convention has entered into force.

ARTICLE II Fundamental Principles

1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.

2. Appendix II shall include:

    (a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and

    (b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.

3. Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade.

4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.

ARTICLE III Regulation of Trade in Specimens of Species Included in Appendix I

1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

    (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;

    (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

    (d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.

3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;

    (b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

    (c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.

4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

    (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;

    (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

    (c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.

5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;

    (b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

    (c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.

ARTICLE IV Regulation of Trade in Specimens of Species
Included in Appendix II

1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

    (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

    (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.

4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.

5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

    (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and

    (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and

    (b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.

7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.

ARTICLE V Regulation of Trade in Specimens of Species Included in
Appendix III

1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

    (a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

    (b) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.

4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

ARTICLE VI Permits and Certificates

1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article.

2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.

3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.

4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.

5. A separate permit or certificate shall be required for each consignment of specimens.

6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.

7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.

ARTICLE VII Exemptions and Other Special Provisions Relating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment of specimens through or in the territory of a Party while the specimens remain in Customs control.

2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.

3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:

    (a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or

    (b) in the case of specimens of species included in Appendix II:

      (i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;

      (ii) they are being imported into the owner's State of usual residence; and

      (iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;

      unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.

4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.

5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V.

6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a traveling zoo, circus, menagerie, plant exhibition or other traveling exhibition provided that:

    (a) the exporter or importer registers full details of such specimens with that Management Authority;

    (b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and

    (c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.

ARTICLE VIII Measures to Be Taken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions of the 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.

2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.

4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:

    (a) the specimen shall be entrusted to a Management Authority of the State of confiscation;

    (b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and

    (c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.

5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.

6.Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:

    (a) the names and addresses of exporters and importers; and

    (b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.

7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:
    (a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and

    (b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.

8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

ARTICLE IX Management and Scientific Authorities

1. Each Party shall designate for the purposes of the present Convention:

    (a) one or more Management Authorities competent to grant permits or certificates on behalf of that Party; and

    (b) one or more Scientific Authorities.

2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.

3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.

4. Any Management Authority referred to in paragraph 2 of this Article shall, if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates.

ARTICLE X Trade with States not Party to the Convention

Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

ARTICLE XI Conference of the Parties

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.

2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties.

3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:

    (a) make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions;

    (b) consider and adopt amendments to Appendices I and II in accordance with Article XV;

    (c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;

    (d) receive and consider any reports presented by the Secretariat or by any Party; and

    (e) where appropriate, make recommendations for improving the effectiveness of the present Convention.

4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.

5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.

6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.

7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:

    (a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and

    (b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located.

Once admitted, these observers shall have the right to participate but not to vote.

ARTICLE XII The Secretariat

1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or non- governmental international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.

2. The functions of the Secretariat shall be:

    (a) to arrange for and service meetings of the Parties;

    (b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;

    (c) to undertake scientific and technical studies in accordance with programmes authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;

    (d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;

    (e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;

    (f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;

    (g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;

    (h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;

    (i) to perform any other function as may be entrusted to it by the Parties.

ARTICLE XIII International Measures

1. When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.

2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.

3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

ARTICLE XIV Effect on Domestic Legislation and International Conventions

1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:

    (a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or

    (b) domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III.

2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.

3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external customs control and removing customs control between the parties thereto insofar as they relate to trade among the States members of that union agreement.

4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.

5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.

6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

ARTICLE XV Amendments to Appendices I and II

1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:

    (a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.

    (b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

    (c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:

    (a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.

    (b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.

    (c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.

    (d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.

    (e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible.

    (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub- paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

    (g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h), (i) and (j) of this paragraph.

    (h) The Secretariat shall notify the Parties that notification of objection has been received.

    (i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.

    (j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.

    (k) The Secretariat shall notify all Parties of the result of the vote.

    (l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub- paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a Party to the present Convention with respect to trade in the species concerned.

ARTICLE XVI Appendix III and Amendments thereto

1. Any Party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.

2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.

3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.

4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretation as they are adopted.

ARTICLE XVII Amendment of the Convention

1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.

3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

ARTICLE XVIII Resolution of Disputes

1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.

2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision.

ARTICLE XIX Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

ARTICLE XX Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

ARTICLE XXI Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.

ARTICLE XXII Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE XXIII Reservations

1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.

2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:

    (a) any species included in Appendix I, II or III; or

    (b) any parts or derivatives specified in relation to a species included in Appendix III.

3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

ARTICLE XXIV Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

ARTICLE XXV Depositary

1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

DONE at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.

Universal Declaration for the Welfare of Animals

Preamble:

RECOGNISING that animals are living, sentient beings and therefore deserve special consideration and respect.

RECOGNISING that humans share this planet with other species and other forms of life and that all forms of life co-exist within in interdependent ecosystem.

RECOGNISING that although there are significant social, economic and cultural differences between human societies each should develop in a humane and sustainable manner.

ACKNOWLEDGING that many states already have a system of legal protection for animals both domestic and wild.

SEEKING to ensure the continued effectiveness of these systems and the development of better and more comprehensive animal welfare provisions,

NOW, THEREFORE, THE WORLD SOCIETY FOR THE PROTECTION OF ANIMALS PROCLAIMS this Universal Declaration for the Welfare of Animals as a common standard of achievement for all peoples and all nations, to strive by all appropriate means to promote respect for these principles and by progressive measures, national and international, to secure their universal and effective recognition and observance.

ARTICLE 1

Definitions

  • "animal" means any non-human mammal, bird, reptile, amphibian, fish or invertebrate capable of feeling pain or stress.
  • "wildlife" includes any animal which has not been domesticated by humans.
  • "human-dependent animals" means any animal whose welfare and survival is under human care and includes companion animals; animals raised for the provision of food, products, draught power, services, scientific research, or entertainment and wild animals held in captivity.
  • "companion animals" refers to species which, within the context of the local culture, have traditionally been companions to humans and bred, whether systematically or not, for this purpose.
  • "cruelty" means any infliction of unnecessary pain or distress on an animal whether by deliberate act or neglect.
  • "welfare" is the degree to which the physical, behavioral and psychological needs of an animal are met.

ARTICLE 2

Fundamental Provisions

  • Humans have a positive obligation towards the care and welfare of animals.
  • No animal should be killed unnecessarily or be subject to cruel acts by a human.
  • Cruelty to any animal should be regarded as a serious offence, recognized as such in legislation at all levels and punishable with sufficient penalties to deter the perpetrator from acting in the same way again.

ARTICLE 3

Wildlife

  • Where it is deemed necessary to capture and kill wildlife, and in order to safeguard biodiversity, the maximum number of animals to be taken should be sustainable and determined on the basis of sound scientifically derived management practices.
  • Where it is deemed necessary to capture and kill wildlife, only those devices and techniques should be used which do not:
    -  inflict cruelty
    -  harm non-target animals
    -  damage natural habitat
  • The capture and killing of wild animals for the purpose of entertainment or sport should be prohibited.
  • To ensure the implementation of the above provisions all necessary measures shall be taken to protect habitat and ecosystems.

ARTICLE 4

Human-dependent animals

  • Animals raised under the control of humans or taken into captivity by humans should be afforded the provisions of the basic Five Freedoms, being adopted increasingly throughout the animal welfare world, as follows:
    -  Freedom from hunger and thirst: by ready access to fresh water and a diet to maintain full health and vigour
    -  Freedom from discomfort: by providing an appropriate environment including shelter and a comfortable resting are
    -  Freedom from pain, injury and disease: by prevention or rapid diagnoses and treatment
    -  Freedom from fear and distress: by ensuring conditions and treatment which avoid mental suffering
    -  Freedom to express normal behaviour: by providing sufficient space, proper facilities and company of animal’s own kind
  • Veterinary surgeons and other qualified persons should be authorized to destroy humanely any animal which is so injured, diseased or distressed that its existence involves its continued suffering.

ARTICLE 5

Animals raised for food, products and draught power

  • Where it is deemed necessary to kill for the provision of food or products, the method applied should immediately render the animal unconscious to pain until death supervenes.
  • The process of slaughtering an animal should be carried out by a competent and well-trained individual.
  • Animals awaiting slaughter should be unloaded, handled, housed, fed and watered in a humane manner.
  • All appropriate steps should be taken to minimize the transportation of animals. Where such transportation does occur animal welfare concerns should be applied.
  • The slaughter of animals should be undertaken as close as possible to their place of rearing.
  • All appropriate steps shall be taken to ensure that animals used to provide draught power and other work duties for human should be entitled to a reasonable limitation on the duration and intensity of their work; such limitations should be based on a scientific evaluation.

ARTICLE 6

Companion Animals

  • Owners of companion animals should be obliged to take responsibility for their care and welfare for the duration of the animals’ lives or to make adequate arrangements to pass them on to a responsible person if they can no longer care for them.
  • Appropriate steps should be taken to promote and introduce the neutering of companion animals.
  • Appropriate steps should be taken to implement a process of registration and identification of companion animals.
  • The commercial trade in companion animals should be subject to strict regulation, licensing and inspection to prevent cruelty and the breeding of unwanted animals.
  • Veterinary surgeons and other qualified persons should be authorized to destroy humanely companion animals that are abandoned and cannot be re-homed or provided with adequate care to ensure their welfare.
  • The destruction of companion animals by inhumane and indiscriminate methods, including electrocution, poisoning, eating, drowning and strangulation should be prohibited.

ARTICLE 7

Animals in Sport and Entertainment

  • Where animals are used in legitimate sport and entertainment all appropriate steps should be taken to prevent them being exposed to cruelty or suffering.
  • Exhibitions and spectacles using animals which are deleterious to their health and welfare should be prohibited.

ARTICLE 8

Live animals in scientific research

  • The use of animals for the purpose of scientific research and testing, should only take place for purposes essential to human or animal welfare, including:
    -  finding a cure, prevention or treatment for a specific disease
    -  developing a product to alleviate suffering or promote health
    -  the assessment of risk to harmful substances where no alternatives exist
  • Where it is deemed necessary to use animals for research and testing purposes, the methods used should ensure that:
    -  the number of animals used is minimized
    -  pain and distress is minimized and/or alleviated
    -  high standards of husbandry and care are provided throughout the animals’ lives
  • The replacement of experiments on live animals with alternative testing methods should be facilitated where possible and such alternative methods should be promoted, researched and validated.
  • The use of animals for the purpose of scientific research and testing should be prohibited wherever:
    -  it is possible to obtain information of similar scientific value without using animals
    -  information of similar scientific value is already available
    -  the results are not essential to human or animal welfare.

This Universal Declaration for the Welfare of Animals was unanimously adopted by the Board members of the World Society for the Protection of Animals at its meeting prior to the Animals 2000 Congress, in London on the 13th June 2000.

It was further accepted by the 66 countries that attended the Congress and it is hoped it will be approved by the World Society for the Protection of Animals 30 members throughout the world. It will then be presented to the United Nations for approval and inclusion in its charter.

 

Southern African Development Community

Protocol on Wildlife Conservation and Law Enforcement

PREAMBLE
WE, the Heads of State or Government of:
The Republic of Angola
The Republic of Botswana
The Democratic Republic of Congo
The Kingdom of Lesotho
The Republic of Malawi
The Republic of Mauritius
The Republic of Mozambique
The Republic of Namibia
The Republic of Seychelles
The Republic of South Africa
The Kingdom of Swaziland
The United Republic of Tanzania
The Republic of Zambia
The Republic of Zimbabwe
.
AFFIRMING that Member States have the sovereign right to manage their wildlife resources and the corresponding responsibility to sustainably use and conserve these resources;
NOTING that Article 5 of the SADC Treaty states that the sustainable use of natural resources and effective protection of the environment is one of the objectives of SADC;
NOTING also that Article 21 of the SADC Treaty designates natural resources and environment as an area of co-operation for SADC Member States;
AWARE that the conservation and sustainable use of wildlife in the SADC Region contribute to sustainable economic development and the conservation of biological diversity;
CONVINCED that the viability of wildlife resources in the SADC Region requires collective and co-operative action by all SADC Member States;
CONVINCED also that the conservation and sustainable use of wildlife in the SADC Region depend on the proper management and utilisation of wildlife, including enforcement of laws governing such use ;
RECOGNISING that the survival of wildlife depends on the perceptions and development needs of people living with wildlife;
BELIEVING that the regional management of wildlife and wildlife products will promote awareness of the socio-economic value of wildlife and enable equitable distribution of the benefits derived from the sustainable use of wildlife;
ACKNOWLEDGING the need for co-operation among Member States in enforcing laws governing wildlife, in sharing information about wildlife resources and wildlife law enforcement, and in building national and regional capacity to manage wildlife and enforce the laws that govern it;
RECALLING that all SADC Member States are members of the International Criminal Police Organisation (Interpol), and that all are signatories or parties to the Convention on Biological Diversity (Rio de Janeiro, 1992), the African Convention on the Conservation of Nature and Natural Resources (Algiers, 1968) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (Washington, 1973);
NOTING ALSO the agreement for the establishment of the Southern African Convention for Wildlife Management (SACWM, 1990), the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora (Lusaka, 1994) and the Master Plan for the Security of Rhino and Elephant in Southern Africa (1996);
DESIRING to establish a common framework for the conservation and sustainable use of wildlife resources in the SADC Region and to assist with the effective enforcement of laws governing those resources;

HEREBY agree as follows:

ARTICLE 1
DEFINITIONS
In this Protocol the terms and expressions defined in Article 1 of the Treaty shall bear the same meaning unless the context otherwise requires.
In this Protocol, unless the context otherwise requires:
"Community-based wildlife management" means the management of wildlife by a community or group of communities which has the right to manage the wildlife and to receive the benefits from that management;

"Conservation"
means the protection, maintenance, rehabilitation, restoration and enhancement of wildlife and includes the management of the use of wildlife to ensure the sustainability of such use;
"State Party"
means a member of SADC that ratifies or accedes to this Protocol;

"Sustainable use" means use in a way and at a rate that does not lead to the long-term decline of wildlife species;
"Transfrontier conservation area"
means the area or the component of a large ecological region that straddles the boundaries of two or more countries, encompassing one or more protected areas, as well as multiple resources use areas;
"Taking" means the hunting, killing, injuring, capturing, harassing, collecting, picking, uprooting, digging up, cutting, destruction and removal of any species of wildlife and include any attempt to engage in such conduct;
"Wildlife"
means animal and plant species occurring within natural ecosystems and habitats;

ARTICLE 2
SCOPE
This Protocol applies to the conservation and sustainable use of wildlife, excluding forestry and fishery resources.

ARTICLE 3
PRINCIPLES
1. Each State Party shall ensure the conservation and sustainable use of wildlife resources under its jurisdiction. Each State Party shall ensure that activities within its jurisdiction or control do not cause damage to the wildlife resources of other states or in areas beyond the limits of national jurisdiction.
2. Pursuant to the attainment of the principles contained in Article 3 of this Protocol, States Parties shall:
a) ensure co-operation at the national level among governmental authorities, non-governmental organisations hereinafter referred to as NGOs, and the private sector;
b) cooperate to develop as far as possible common approaches to the conservation and sustainable use of wildlife; and
c) collaborate to achieve the objectives of international agreements which are applicable to the conservation and sustainable use of wildlife and to which they are party.
In implementing this Protocol, States Parties shall:
a) take such policy, administrative and legal measures as appropriate to ensure the conservation and sustainable use of wildlife;
b) take measures as are necessary to enforce national legislation pertaining to wildlife effectively; and
c) cooperate with other Member States to manage shared wildlife resources as well as any transfrontier effects of activities within their jurisdiction or control.

ARTICLE 4
OBJECTIVES
1. The primary objective of this Protocol is to establish within the Region and within the framework of the respective national laws of each State Party, common approaches to the conservation and sustainable use of wildlife resources and to assist with the effective enforcement of laws governing those resources.
2. To this end, specific objectives of this Protocol shall be to:
a) promote the sustainable use of wildlife;
b) harmonise legal instruments governing wildlife use and conservation;
c) enforce wildlife laws within, between and among States Parties;
d) facilitate the exchange of information concerning wildlife management, utilisation and the enforcement of wildlife laws;
e) assist in the building of national and regional capacity for wildlife management, conservation and enforcement of wildlife laws;
f) promote the conservation of shared wildlife resources through the establishment of transfrontier conservation areas; and
g) facilitate community-based natural resources management practices for management of wildlife resources.

ARTICLE 5
INSTITUTIONAL ARRANGEMENTS
1. The institutional arrangements shall be:
a) the Wildlife Sector Technical Coordinating Unit;
b) the Committee of Ministers responsible for Food, Agriculture and Natural Resources;
c) the Committee of Senior Officials; and
d) Technical Committee.
2. The Committee of Ministers responsible for Food, Agriculture and Natural Resources shall:
a) be composed of Ministers responsible for Food, Agriculture and Natural Resources in Member States;
b) meet at least once a year; and
c) be chaired by the Minister representing the Member State co-ordinating for Food, Agriculture and Natural Resources.
3. The functions of the Committee of Ministers shall include:
a) adopting regional wildlife policies and development strategies;
b) considering and approving any amendment to the policies and strategies;
c) providing policy guidance with respect to matters referred to it by the Committee of Senior Officials;
d) considering and approving the sectoral Annual Report before submission to the Council;
e) submitting proposals to the Council for amending the provisions of this Protocol;
f) supervising the implementation of this Protocol;
g) supervising the work of any Committee or Sub-committee established under this Protocol;
4. The Committee of Senior Officials shall:
a) consist of administrative heads of Ministries responsible for wildlife or their representatives;
b) meet at least once a year;
c) be chaired by the nominated officials representing the country responsible for Food, Agriculture and Natural Resources.
5. The functions of the Committee of Senior Officials shall include:
a) assessing the requirements of and the need for updating and amending the regional policy and development strategies;
b) reviewing and coordinating the activities of the Committees;
c) considering any amendment to this Protocol;
d) reporting to the Committee of Ministers of Food, Agriculture and Natural Resources on matters relating to the implementation of the provisions contained in this Protocol;
e) reviewing the work of the Wildlife Sector;
f) approving the documents prepared by the Wildlife Sector Technical Coordinating Unit (hereinafter referred to as WSTCU) to be submitted to the Committee of Ministers of Food, Agriculture and Natural Resources;
g) monitoring the implementation of this Protocol; and
h) performing such other functions as may be determined by the Committee of Ministers.
6. The Wildlife Sector Technical Committee (hereinafter referred to as WSTCU) shall comprise the Heads of Wildlife Departments or their representatives and shall:
a) meet at least once a year;
b) be chaired by the official representing the country responsible for co-ordinating the Wildlife Sector
7. The functions of the Wildlife Sector Technical Committee shall be to;
a) supervise the implementation of this Protocol; and
b) co-ordinate development of policy guidelines for common SADC regional approaches to the conservation and sustainable use of wildlife.
8. The WSTCU shall:
a) be the Secretariat responsible for implementing this Protocol at the regional level;
b) co-ordinate with the designated sectoral contact points;
c) co-ordinate the efforts of States Parties to adopt common approaches to the conservation and sustainable use of wildlife, to harmonise their applicable legislation, and to co-operate in necessary law enforcement;
d) support the efforts of Governments and NGOs to ensure the conservation and sustainable use of wildlife and the involvement of local communities in such efforts;
e) promote such co-operation between the national wildlife law enforcement authorities, communities and by NGOs, on all issues related to enforcement;
f) serve as the regional clearinghouse for the exchange of information;
g) co-ordinate SADC regional programmes for research and capacity building in the management of wildlife;
h) liase with other SADC sectors to promote intersectoral co-operation in wildlife management; such as standardising veterinary regulations which govern the movement of wildlife and wildlife products; and
i) perform any other task which may be assigned by the Council for the purpose of implementing this Protocol.

ARTICLE 6

LEGAL INSTRUMENTS FOR THE CONSERVATION AND SUSTAINABLE USE OF WILDLIFE
1. States Parties shall adopt and enforce legal instruments necessary to ensure the conservation and sustainable use of wildlife as provided in Article 7 of this Protocol.
2. States Parties shall endeavour to harmonise national legal instruments governing the conservation and sustainable use of wildlife; such harmonisation shall include but not be limited to standardising:

a) measures for the protection of wildlife species and their habitat;
b) measures governing the taking of wildlife;
c) measures governing the trade in wildlife and wildlife products and bringing the penalties for the illegal taking of wildlife and the illegal trade in wildlife and wildlife products to comparable deterrent levels;
d) powers granted to wildlife law enforcement officers;
e) procedures to ensure that individuals charged with violating national laws governing the taking of and trading in wildlife and wildlife products are either extradited or appropriately sanctioned in their home country;
f) measures facilitating community based natural resources management practices in wildlife management and wildlife law enforcement;
g) economic and social incentives for the conservation and sustainable use of wildlife;
h) measures incorporating obligations assumed under applicable international agreements to which Member States are party;
i) any other measures which the Council may deem necessary.
3. The WSTCU shall co-ordinate initiatives of Member States to harmonise national legislation governing the conservation and sustainable use of wildlife.

ARTICLE 7

WILDLIFE MANAGEMENT AND CONSERVATION PROGRAMMES
1. States Parties shall establish management programmes for the conservation and sustainable use of wildlife and integrate such programmes into national development plans.
2. States Parties shall assess and control activities which may significantly affect the conservation and sustainable use of wildlife so as to avoid or minimise negative impacts.
3. Measures which shall be taken by States Parties to ensure the conservation and sustainable use of wildlife shall include -
a) the protection of wildlife and wildlife habitats to ensure the maintenance of viable wildlife populations;
b) prevention of over-exploitation and extinction of species;
c) restrictions on the taking of wildlife, including but not limited to restrictions on the number, sex, size or age of specimens taken and the locality and season during which they may be taken; and
d) restrictions on trade in wildlife and its products, both nationally and internationally, as required by relevant international agreements.
4. States Parties shall establish or introduce mechanisms for community-based wildlife management and shall, as appropriate, integrate principles, and techniques derived from indigenous knowledge systems into national wildlife management and law enforcement policies and procedures.
5. States Parties shall, as appropriate, establish programmes and enter into agreements:
a) to promote the co-operative management of shared wildlife resources and wildlife habitats across international borders; and
b) to promote co-operative management, the conservation of species and populations and the marketing of their products.
6. States Parties shall, as appropriate, promote economic and social incentives to encourage the conservation and sustainable use of wildlife.
7. States Parties shall, as appropriate, develop programmes and mechanisms to:
a) educate the general public and raise public awareness concerning issues of the conservation and sustainable use of wildlife;
b) build national and regional capacity for wildlife management and law enforcement;
c) promote research which contributes to and supports the conservation and sustainable use of wildlife.
8. States Parties shall in recognition of the important role played by rural communities in the conservation and sustainable use of wildlife, promote community-based conservation and management of wildlife resources.
9. States Parties shall, in recognition of the location of key wildlife resources near international boundaries, promote the development of trans frontier conservation and management programmes.

ARTICLE 8

INFORMATION SHARING
1. The States Parties shall establish a regional database on the status and management of wildlife. The regional database shall:
a) comprise data on all wildlife resources within the Region; and
b) be accessible to States Parties and to the general public.
2. The WSTCU shall:
a) co-ordinate surveys of all wildlife databases in the SADC Region;
b) on the basis of the results of the surveys, coordinate the establishment of a Regional database which complements those already in existence;
c) co-ordinate the development of standard methodologies for wildlife inventories;
d) upon request assist efforts at the national level and co-ordinate efforts at the regional level to gather data for incorporation into the regional database;
e) serve as the clearing house mechanism for the regional database;
f) ensure that the regional database is linked with other appropriate databases in the Region and that it is mutually accessible; and
g) perform any other task necessary for the establishment and functioning of the regional database.

ARTICLE 9

CO-OPERATION IN WILDLIFE LAW ENFORCEMENT
1. States Parties shall take the necessary measures to ensure the effective enforcement of legislation governing the conservation and sustainable use of wildlife.
2. States Parties shall allocate the financial and human resources required for the effective enforcement of legislation governing the conservation and sustainable use of wildlife.
3. States Parties shall enforce legislation governing the conservation and sustainable use of wildlife, particularly in trans frontier contexts. Such enforcement shall include:
a) coordinating with their designated Interpol National Central Bureaus (Interpol NCBs);
b) exchanging information concerning the illegal taking of, and trade in, wildlife and wildlife products;
c) co-ordinating efforts with wildlife law enforcement authorities and Interpol NCBs to apprehend illegal takers and traders and to recover and dispose of illegal wildlife products; and
d) undertaking any other initiatives which promote the effective and efficient enforcement of wildlife laws and regulations within, between and among States Parties.
4. Through the designated Interpol NCB, the wildlife law enforcement authorities in a State Party may request from the designated Interpol NCB in any other State Party or States Parties any assistance or information which may be required to locate, apprehend, or extradite an individual charged with violating the wildlife laws of the State Party.
5. The wildlife law enforcement authorities in each State Party shall provide to the designated Interpol NCB in that Member State all available data on, inter alia, the location and movements of illegal takers and traders and the location of routes for illegal transfrontier trafficking in wildlife and wildlife products, except where the provision of such information would jeopardise investigations or impinge on the security of a State Party.

ARTICLE 10

CAPACITY-BUILDING FOR EFFECTIVE WILDLIFE MANAGEMENT
1. States Parties shall co-operate in capacity-building for effective wildlife management.
2. States Parties shall endeavour to incorporate into existing training programmes, techniques such as community-based natural resources management and administration, indigenous knowledge systems as well as current practices in both the wildlife management and wildlife law enforcement fields.
3. States Parties shall identify aspects of wildlife management and wildlife law enforcement for which adequate training programmes are not available within the Region and shall establish training programmes to meet the needs identified.
4. The WSTCU shall co-ordinate, at the regional level, initiatives of States Parties to standardise and initiate training programmes.

ARTICLE 11

FINANCIAL PROVISIONS
1. States Parties shall allocate the necessary financial resources for the effective implementation of this Protocol at the national level.
2. Member States shall meet their own expenses for attending meetings of the WSTC .
3. Member States shall create a fund known as the Wildlife Conservation Fund for programmes and projects associated with this Protocol pursuant to Article 25 of the Treaty.
4. Other resources of the Wildlife Conservation Fund may include grants, donations, technical assistance and funds for specified projects and programmes pursuant to this Protocol.

ARTICLE 12

SANCTIONS
1. Sanctions may be imposed against any State Party which:
a) persistently fails, without good reason, to fulfil obligations assumed under this Protocol; or
b) implements policies which undermine the objectives and principles of this Protocol.
2. The Council shall determine whether any sanction should be imposed against a State Party and shall make the recommendation to the Summit if it decides that a sanction is called for. The Summit shall decide, on a case-by-case basis, the appropriate sanction to be imposed.

ARTICLE 13

SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation or application of this Protocol which cannot be settled amicably shall be referred to the Tribunal for adjudication.

ARTICLE 14

ANNEXES
1. States Parties may develop and adopt annexes for the implementation of this Protocol.
2. An annex shall form an integral part of this Protocol unless the annex contains a provision stipulating otherwise.

ARTICLE 15

AMENDMENT
1. An amendment to this Protocol shall be adopted by a decision of Members of the Summit who are Parties to this Protocol.
2. A proposal for the amendment of this Protocol may be made to the Executive Secretary by any State Party to this Protocol. Within thirty (30) days of receipt, the Executive Secretary shall notify the States Parties to this Protocol of any proposal for amendment. Three (3) months after notification, the Executive Secretary shall submit the proposal for amendment to the Council for preliminary consideration.


ARTICLE 16

SIGNATURE
This Protocol shall be signed by the duly authorised representatives of the Member States.


ARTICLE 17

RATIFICATION
This Protocol shall be ratified by the signatory Member States in accordance with their constitutional procedures.


ARTICLE 18

ENTRY INTO FORCE
This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States.


ARTICLE 19

ACCESSION
This Protocol shall remain open for accession by any Member State.


ARTICLE 20

RESERVATIONS
No reservations shall be made to this Protocol.


ARTICLE 21

WITHDRAWAL
1. Any State Party wishing to withdraw from this Protocol shall give written notice of its intention, six (6) months in advance, to the Executive Secretary. Withdrawal shall be effective on the date of expiration of the notice period.
2. Any States Parties withdrawing from this Protocol shall:
a) cease to enjoy all rights and benefits under this Protocol from the effective date of the withdrawal;
b) remain bound to the obligations assumed under this Protocol for a period of twelve (12) months from the date of withdrawal.


ARTICLE 22

TERMINATION
This Protocol may be terminated by a decision of the Summit.


ARTICLE 23

DEPOSITARY
1. The original text of this Protocol and all instruments of ratification and accession shall be deposited with the Executive Secretary who shall transmit certified copies to all Member States.
2. The Executive Secretary shall register this Protocol with the Secretariats of the United Nations and the Organisation of African Unity.

IN WITNESS WHEREOF, WE, the Heads of State or Government, or duly authorised representatives of SADC Member States have signed this Protocol.
DONE at Maputo, on the 18th day of August, 1999, in two (2) original texts, in the English and Portuguese languages, both texts being equally authentic.

REPUBLIC OF ANGOLA
REPUBLIC OF BOTSWANA
DEMOCRATIC REPUBLIC OF CONGO
KINGDOM OF LESOTHO
REPUBLIC OF MALAWI
REPUBLIC OF MAURITIUS
REPUBLIC OF MOZAMBIQUE
REPUBLIC OF NAMIBIA
REPUBLIC OF SEYCHELLES
REPUBLIC OF SOUTH AFRICA
KINGDOM OF SWAZILAND
UNITED REPUBLIC OF TANZANIA
REPUBLIC OF ZAMBIA
REPUBLIC OF ZIMBABWE

AFRICAN CONVENTION ON
THE CONSERVATION OF NATURE
AND NATURAL RESOURCES

Table of Contents Page Number
Preamble 1-2
Article I Scope 2
Article II Objectives 2
Article III Principles 2-3
Article IV Fundamental Obligation 3
Article V Use of Terms 3-4
Article VI Land and Soil 4-5
Article VII Water 5-6
Article VIII Vegetation Cover 6
Article IX Species and Genetic Diversity 6-8
Article X Protected Species 8-9
Article XI Trade in Specimens and Products Thereof 9
Article XII Conservation Areas 9-10
Article XIII Processes and Activities Affecting the Environment and Natural Resources 10
Article XIV Sustainable Development and Natural Resources 10-11
Article XV Military and Hostile Activities 11-12
Article XVI Procedural Rights 12
Article XVII Traditional Rights of Local Communities and Traditional Knowledge 12
Article XVIII Research 12-13
Article XIX Development and Transfer of Technology 13
Article XX Capacity Building, Education and Training 13-14
Article XXI National Authorities 14
Article XXII Co-Operation 14-16
Article XXIII Compliance 16
Article XXIV Liability 16
Article XXV Exceptions 16
Article XXVI Conference of the Parties 17-18
Article XXVII The Secretariat 18-19
Article XXVIII Financial Resources 19-20
Article XXIX Reports and Information 20
Article XXX Settlement of Disputes 20
Article XXXI Amendments of the Convention 20-21
Article XXXII Adoption and Amendments of Annexes 21-22
Article XXXIII Right to Vote 22
Article XXXIV Relationship between Contracting Parties to the Revised Convention and Parties Bound by the 1968 Algiers Convention 22
Article XXXV Relationship with Other International Conventions 22-23
Article XXXVI Signature and Ratification 23
Article XXXVII Accession 23
Article XXXVIII Entry Into Force 23
Article XXXIX Reservations 23
Article XL Withdrawal 24
Article XLI Secretariat Interim Arrangements 24
Article XLII Depositary 24
Article XLIII Authenthic Texts 24
Annex 1 Definition of Threatened Species 25
Annex 2 Conservation Areas 26-30
Annex 3 Prohibited Means of Taking 31

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PREAMBLE

We, the Heads of State and Government of the Member States of the African Union (AU),

Conscious that the natural environment of Africa and the natural resources with which Africa is endowed are an irreplaceable part of the African heritage and constitute a capital of vital importance to the continent and humankind as a whole;

Confirming, as we accepted upon declaring our adherence to the Charter of the Organization of African Unity, that it is our duty "to harness the natural and human resources of our continent for the total advancement of our peoples in spheres of human endeavour";

Conscious of the ever-growing importance of natural resources from economic, social, cultural and environmental points of view;

Affirming that the conservation of the global environment is a common concern of human kind as a whole, and the conservation of the African environment a primary concern of all Africans;

Re-affirming that States have, in accordance with the Charter of the United Nations and the principles of international law, a sovereign right to exploit their own resources pursuant to their environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;

Re-affirming further that States are responsible for protecting and conserving their environment and natural resources and for using them in a sustainable manner with the aim to satisfy human needs according to the carrying capacity of the environment;

Conscious of the dangers which threaten some of these irreplaceable assets;

Desirous of undertaking individual and joint action for the conservation, utilization and development of these assets by establishing and maintaining their sustainable use;

Recalling the Lagos Plan of Action for the Economic Development of Africa and the Final Act of Lagos as well as the African Charter on Human and Peoples Rights;

Taking note of the Charter of Economic Rights and Duties of States and of the World Charter for Nature adopted by the General Assembly of the United Nations;

Conscious of the need to continue furthering the principles of the Stockholm Declaration, to contribute to the implementation of the Rio Declaration and of Agenda 21, and to work closely together towards the implementation of global and regional instruments supporting their goals;

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Considering the principles and objectives stated in the Treaty Establishing the African Economic Community and the Constitutive Act of the African Union;

Convinced that the above objectives would be better achieved by amending the 1968 Algiers Convention on the Conservation of Nature and Natural Resources by expanding elements related to sustainable development;

Have agreed as follows:

Article I. SCOPE

This Convention shall apply

1. to all areas which are within the limits of national jurisdiction of any Party; and

2. to the activities carried out under the jurisdiction or control of any Party within the area of its national jurisdiction or beyond the limits of its national jurisdiction.

Article II. OBJECTIVES

The objectives of this Convention are:

1. to enhance environmental protection;

2. to foster the conservation and sustainable use of natural resources; and

3. to harmonize and coordinate policies in these fields

with a view to achieving ecologically rational, economically sound and socially acceptable development policies and programmes.

Article III. PRINCIPLES

In taking action to achieve the objectives of this Convention and implement its provisions, the Parties shall be guided by the following:

1. the right of all peoples to a satisfactory environment favourable to their development;

2. the duty of States, individually and collectively to ensure the enjoyment of the right to development;

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3. the duty of States to ensure that developmental and environmental needs are met in a sustainable, fair and equitable manner.

Article IV. FUNDAMENTAL OBLIGATION

The Parties shall adopt and implement all measures necessary to achieve the objectives of this Convention, in particular through preventive measures and the application of the precautionary principle, and with due regard to ethical and traditional values as well as scientific knowledge in the interest of present and future generations.

Article V. USE OF TERMS

For purposes of this Convention:

1. "Natural Resources" means renewable resources, tangible and non tangible, including soil, water, flora and fauna and non renewable resources. Whenever the text of the Convention refers to non renewable resources this will be specified.

2. "Specimen" means any animal or plant or micro organism, alive or dead.

3. "Product" means any part or derivative of a specimen.

4. “Species” means any species, sub species, or geographically separate population thereof.

5. “Threatened Species” means any species of fauna or flora which is considered critically endangered, endangered, or vulnerable, for which definitions are contained in Annex 1 to this Convention, and for which criteria may be adopted and from time to time reviewed by the Conference of the Parties, taking into consideration the work of competent international organisations in this field.

6. "Conservation area" means

a) any protected area designated and managed mainly or wholly for one of the following purposes:

i) science or wilderness protection (Strict Nature Reserve/Wilderness Areas);

ii) ecosystem protection and recreation (National Parks);

iii) conservation of specific natural features (National Monuments);

iv) conservation through management interventions (Habitat/Species Management Areas);

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v) landscape/seascape conservation and recreation (Protected Landscapes/Seascapes);

vi) the sustainable use of natural ecosystems (Managed Resource Protected Areas).

for which definitions and management objectives are contained in Annex 2 to this Convention, as well as

b) other areas designated and/or managed primarily for the conservation and sustainable use of natural resources, for which criteria may be adopted and from time to time reviewed by the Conference of the Parties.

7. Biological Diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine, or other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.

8. "Original Convention" means the African Convention on the Conservation of Nature and Natural Resources, adopted in 1968 in Algiers.

Whenever a specific term not defined in this Convention has been defined in global conventions it can be construed as defined in those conventions. Where an African regional or sub regional convention exists that defines such terms, these definitions shall prevail.

Article VI. LAND AND SOIL

1. The Parties shall take effective measures to prevent land degradation, and to that effect shall develop long-term integrated strategies for the conservation and sustainable management of land resources, including soil, vegetation and related hydrological processes.

2. They shall in particular adopt measures for the conservation and improvement of the soil, to, inter alia, combat its erosion and misuse as well as the deterioration of its physical, chemical and biological or economic properties.

3. To this end:

a) they shall establish land-use plans based on scientific investigations as well as local knowledge and experience and, in particular, classification and land-use capability;

b) they shall, when implementing agricultural practices and agrarian reforms,

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i) improve soil conservation and introduce sustainable farming and forestry practices, which ensure long-term productivity of the land,

ii) control erosion caused by land misuse and mismanagement which may lead to longterm loss of surface soils and vegetation cover,

iii) control pollution caused by agricultural activities, including aquaculture and animal husbandry;

c) they shall ensure that non-agricultural forms of land use, including but not limited to public works, mining and the disposal of wastes, do not result in erosion, pollution, or any other form of land degradation;

d) they shall, in areas affected by land degradation, plan and implement mitigation and rehabilitation measures.

4. Parties shall develop and implement land tenure policies able to facilitate the above measures, inter alia by taking into account the rights of local communities.

Article VII. WATER

1. The Parties shall manage their water resources so as to maintain them at the highest possible quantitative and qualitative levels. They shall, to that effect, take measures designed to:

a) maintain water-based essential ecological processes as well as to protect human health against pollutants and water-borne diseases,

b) prevent damage that could affect human health or natural resource in another State by the discharge of pollutants, and

c) prevent excessive abstraction, to the benefit of downstream communities and States.

2. The Parties shall establish and implement policies for the planning, conservation, management, utilization and development of underground and surface water, as well as the harvesting and use of rain water, and shall endeavour to guarantee for their populations a sufficient and continuous supply of suitable water, taking appropriate measures with due regard to:

a) the study of water cycles and the investigation of each catchment area,

b) the integrated management of water resources,

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c) the conservation of forested and other catchment areas and the co-ordination and planning of water resources development projects,

d) the inventory and management of all water resources, including the administration and control of all water utilization, and

e) the prevention and control of water pollution through, inter alia, the establishment of effluent and water quality standards.

3. Where surface or underground water resources and related ecosystems, including wetlands, are transboundary to two or more of the Parties, the latter shall act in consultation, and if the need arises, set up inter-State Commissions for their rational management and equitable utilization and to resolve disputes arising from the use of these resources, and for the cooperative development, management and conservation thereof.

4. The Parties undertake, individually or within sub-regional arrangements, to cooperate in rational water husbandry and conservation in irrigated agriculture for improved food security and sustainable agro-based industrialization.

Article VIII. VEGETATION COVER

1. The Parties shall take all necessary measures for the protection, conservation, sustainable use and rehabilitation of vegetation cover. To this end they shall:

a) adopt scientifically-based and sound traditional conservation, utilization and management plans for forests, woodlands, rangelands, wetlands and other areas with vegetation cover, taking into account the social and economic needs of the peoples concerned, the importance of the vegetation cover for the maintenance of the water balance of an area, the productivity of soils and the habitat requirements of species;

b) take concrete steps or measures to control fires, forest exploitation, land clearing for cultivation, grazing by domestic and wild animals, and invasive species;

c) establish forest reserves and carry out afforestation programmes where necessary;

d) limit forest grazing to season and intensities that will not prevent forest regeneration.

Article IX. SPECIES AND GENETIC DIVERSITY

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1. The Parties shall maintain and enhance species and genetic diversity of plants and animals whether terrestrial, fresh-water or marine. They shall, for that purpose, establish and implement policies for the conservation and sustainable use of such resources; particular attention shall be paid to socially, economically and ecologically valuable species, which are threatened and species which are only represented in areas under the jurisdiction of one Party.

2. The Parties shall ensure the conservation of species and their habitats within the framework of land-use planning and of sustainable development. Management of species and their habitats shall be based on the results of continued scientific research and Parties shall: a) manage plant and animal populations inside conservation areas according to the objectives of such areas;

b) manage harvestable populations outside such areas in a sustainable manner, compatible with and complementary to other sustainable land uses;

c) establish and/or strengthen existing facilities for ex situ conservation to perpetuate animal or plant species of partic ular interest;

d) manage and protect aquatic environments, whether in fresh, brackish or marine water, with a view to minimising deleterious effects of any water and land use practice which might adversely affect aquatic habitats;

e) undertake inventories of species of fauna and flora and prepare maps of their distribution and abundance, and conduct regular reviews to facilitate the monitoring of the status of such species and their habitats with a view to:

i) providing the appropriate scientific basis for decisions pertaining to their conservation and use,

ii) identifying species that are threatened or may become so, and providing them accordingly with appropriate protection, and

iii) identifying species that are migratory or congregatory and therefore confined to specific areas at particular seasons, and providing them with appropriate protection;

f) identify areas of critical importance for the survival of species of fauna and flora which are threatened;

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g) preserve as many varieties as possible of domestic or cultivated species and their wild relatives, as well as of other economically valuable species, including forest trees and micro-organisms;

h) strictly control the intentional and, in as far as possible, accidental introduction, in any area, of species which are not native to that area, including modified organisms, and endeavour to eradicate those already introduced where the consequences are detrimental to native species or to the environment in general;

i) take appropriate measures to control pests and eradicate animal and plant diseases;

j) provide for fair and equitable access to genetic resources, on terms mutually agreed between the providers and users of such resources; and

k) provide for the fair and equitable sharing of benefits arising out of biotechnologies based upon genetic resources and related traditional knowledge with the providers of such resources.

3. Parties shall adopt legislation regulating all forms of taking, including hunting, capture and fishing and collection of whole or parts of plants under which:

a) the conditions and procedures for issue of permits are appropriately regulated;

b) taking is regulated with a view to ensuring that the use of any population is sustainable. Measures to that effect shall include:

i) closed seasons,

ii) temporary or local prohibitions of exploitation, as needed to restore satisfactory population levels,

iii) the prohibition of the use of all indiscriminate means of taking and of the use of all means capable of causing mass destructions, as well as local disappearance of, or serious disturbance to, populations of a species, in particular the means specified in Annex 3;

c) with a view to as rational use as possible, the products of hunting and fishing, the use and abandonment of such products, and plant collection are regulated;

d) operations carried out by, or under the control of, the competent authority for management purposes may nevertheless be exempted from specific restrictions.

Article X. PROTECTED SPECIES

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1. The Parties undertake to identify the factors that are causing the depletion of animal and plant species which are threatened or which may become so, with a view to their elimination, and to accord a special protection to such species, whether terrestrial, freshwater or marine, and to the habitat necessary for their survival. Where a species is represented only in areas under the jurisdiction of one Party, that Party has a particular responsibility for its protection.

2. The Parties shall adopt legislation on the protection of species referred to in paragraph 1 above, taking into particular account the need to develop or maintain throughout the African continent concerted protection measures for such species. One or several Annexes to this Convention may be adopted by the Conference of the Parties to that effect.

Article XI. TRADE IN SPECIMENS AND PRODUCTS THEREOF

1. The Parties shall:

a) regulate the domestic trade in, as well as the transport and possession of specimens and products to ensure that such specimens and products have been taken or obtained in conformity with domestic law and international obligations related to trade in species; b) in the measures referred to under a) above, provide for appropriate penal sanctions, including confiscation measures.

2. The Parties shall, where appropriate, cooperate through bilateral or sub-regional agreements with a view to reducing and ultimately eliminating illegal trade in wild fauna and flora or their specimens or products.

Article XII. CONSERVATION AREAS

1. The Parties shall establish, maintain and extend, as appropriate, conservation areas. They shall, preferably within the framework of environmental and natural resources policies, legislation and programmes, also assess the potential impacts and necessity of establishing additional conservation areas and wherever possible designate such areas, in order to ensure the long term conservation of biological diversity, in particular to:

a) conserve those ecosystems which are most representative of and peculiar to areas under their jurisdiction, or are characterized by a high degree of biological diversity;

b) ensure the conservation of all species and particularly of those which are:

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i) only represented in areas under their jurisdiction;

ii) threatened, or of special scientific or aesthetic value;

and of the habitats that are critical for the survival of such species.

2. The Parties shall seek to identify areas critically important to the goals referred to in sub paragraph 1 (a) and 1(b) above which are not yet included in conservation areas, taking into consideration the work of competent international organisations in this field.

3. The Parties shall promote the establishment by local communities of areas managed by them primarily for the conservation and sus tainable use of natural resources.

4. The Parties shall, where necessary and if possible, control activities outside conservation areas which are detrimental to the achievement of the purpose for which the conservation areas were created, and establish for that purpose buffer zones around their borders.

Article XIII. PROCESSES AND ACTIVITIES AFFECTING THE ENVIRONMENT AND NATURAL RESOURCES

1. The Parties shall, individually or jointly, and in collaboration with the competent international organizations concerned, take all appropriate measures to prevent, mitigate and eliminate to the maximum extent possible, detrimental effects on the environment, in particular from radioactive, toxic, and other hazardous substances and wastes. For this purpose, they shall use the best practicable means and shall endeavour to harmonize their policies, in particular within the framework of relevant conventions to which they are Parties.

2. To that effect, Parties shall

a) establish, strengthen and implement specific national standards, including for ambient environmental quality, emission and discharge limits as well as process and production methods and product quality;

b) provide for economic incentives and disincentives, with a view to preventing or abating harm to the environment, restoring or enhancing environmental quality, and implementing international obligations in these regards; and

c) adopt measures necessary to ensure that raw materials, non-renewable resources, and energy, are conserved and used as efficiently as possible, and that used materials are reused and recycled to the maximum extent possible while nondegradable materials are disposed of in the most effective and safe way.

Article XIV. SUSTAINABLE DEVELOPMENT AND NATURAL RESOURCES

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1. The Parties shall ensure that

a) conservation and management of natural resources are treated as an integral part of national and/or local development plans;

b) in the formulation of all development plans, full consideration is given to ecological, as well as to economic, cultural and social factors in order to promote sustainable development.

2. To this end, the Parties shall:

a) to the maximum extent possible, take all necessary measures to ensure that development activities and projects are based on sound environmental policies and do not have adverse effects on natural resources and the environment in general;

b) ensure that policies, plans, programmes, strategies, projects and activities likely to affect natural resources, ecosystems and the environment in general are the subject of adequate impact assessment at the earliest possible stage and that regular environmental monitoring and audit are conducted;

c) monitor the state of their natural resources as well as the impact of development activities and projects upon such resources.

Article XV. MILITARY AND HOSTILE ACTIVITIES

1. The Parties shall:

a) take every practical measure, during periods of armed conflict, to protect the environment against harm;

b) refrain from employing or threatening to employ methods or means of combat which are intended or may be expected to cause widespread, long-term, or severe harm to the environment and ensure that such means and methods of warfare are not developed, produced, tested or transferred;

c) refrain from using the destruction or modification of the environment as a means of combat or reprisal;

d) undertake to restore and rehabilitate areas damaged in the course of armed conflicts.

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2. The Parties shall cooperate to establish and further develop and implement rules and measures to protect the environment during armed conflicts.

Article XVI. PROCEDURAL RIGHTS

1. The Parties shall adopt legislative and regulatory measures necessary to ensure timely and appropriate

a) dissemination of environmental information;

b) access of the public to environmental information;

c) participation of the public in decision- making with a potentially significant environmental impact; and

d) access to justice in matters related to protection of environment and natural resources.

2. Each Party from which a transboundary environmental harm originates shall ensure that any person in another Party affected by such harm has a right of access to administrative and judicial procedures equal to that afforded to nationals or residents of the Party of origin in cases of domestic environmental harm.

Article XVII. TRADITIONAL RIGHTS OF LOCAL COMMUNITIES AND INDIGENOUS KNOWLEDGE

1. The Parties shall take legislative and other measures to ensure that traditional rights and intellectual property rights of local communities including farmers’ rights are respected in accordance with the provisions of this Convention.

2. The Parties shall require that access to indigenous knowledge and its use be subject to the prior informed consent of the concerned communities and to specific regulations recognizing their rights to, and appropriate economic value of, such knowledge.

3. The Parties shall take the measures necessary to enable active participation by the local communities in the process of planning and management of natural resources upon which such communities depend with a view to creating local incentives for the conservation and sustainable use of such resources.

Article XVIII. RESEARCH

1. The Parties shall strengthen their capabilities to carry out scientific and technological research in conservation, sustainable utilization and management of natural resources paying particular attention to ecological and socio-economic factors as well as their integration, and

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shall ensure the application of research results to the development and implementation of their environmental conservation policies.

2. The Parties shall promote cooperation in scientific and technological research, as well as in economic and marketing systems, between themselves and with third parties in the field of environmental conservation and sustainable use of natural resources.

To that end, they shall in particular:

a) coordinate their research programmes with a view to achieving maximum synergy and complementarity;

b) promote the exchange of research results; and

c) promote the development of joint research activities and programmes in the fields covered by this Convention.

Article XIX. DEVELOPMENT AND TRANSFER OF TECHNOLOGY

1. The Parties shall encourage and strengthen cooperation for the development and use, as well as access to and transfer of, environmentally sound technologies on mutually agreed terms, with a view to accelerating the transition to sustainable development, in particular by establishing joint research programmes and ventures.

2. To that effect the Parties shall adopt legislative and regulatory measures which provide for inter alia, economic incentives for the development, importation, transfer and utilization of environmentally sound technologies in the private and public sectors.

In implementing paragraphs 1. and 2. above, attention shall be paid to technologies which can be used locally by individuals, local communities and small/medium enterprises.

Article XX. CAPACITY BUILDING, EDUCATION AND TRAINING

1. a) The Parties shall promote environment al education, training and awareness creation at all levels in order to enhance their peoples’ appreciation of their close dependence on natural resources and their understanding of the reasons and rules for the sustainable use of these resources.

b) For this purpose they shall ensure that environmental matters:

i) are included in educational and training programmes at all levels, and

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ii) form the object of information campaigns capable of acquainting the public with, and winning it over to, the concepts of conservation and sustainable use of natural resources.

c) In order to put into effect paragraphs a) and b) above, the Parties shall make maximum use of the educational and training value of conservation areas and the experience of local communities.

2. Parties shall develop their capacities in the field of education and training relating to environmental and natural resources conservation and use, in particular through the promotion and development of:

a) training of trainers programmes;

b) appropriate teaching and training materials ;

c) available and accessible educational and training opportunities at all levels.

2. In order to facilitate the implementation of paragraphs 1 and 2 above, the Parties shall cooperate among themselves, in particular with a view to strengthening or establishing

a) regional or sub-regional training institutions;

b) joint training programmes;

c) libraries and documentation centres; and

d) a continuous exchange of information and experience

in the fields covered by this convention.

Article XXI. NATIONAL AUTHORITIES

Each Party shall establish or designate, if it has not already done so, a national authority empowered to deal with all matters covered by this Convention, and/or, where appropriate, establish a co-ordinating machinery between existing national institutions.

Article XXII. CO-OPERATION

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1. The Parties shall co-operate between themselves and, where appropriate and possible, with other States:

a) to give effect to the provisions of this Convention;

b) whenever any national measure is likely to affect the environment or natural resources of any other State or areas beyond national jurisdiction;

c) in order to enhance the individual and combined effectiveness of their policies and legislations, as well as measures adopted under this Convention and under other international conventions in the fields of environmental protection and natural resources conservation and use; and

d) in order to harmonize their policies and laws at the continental or regional levels, as appropriate.

2. In particular:

a) whenever an environmental emergency or natural disaster occurring in a Party is likely to affect the natural resources of another State, the latter shall be provided with all relevant available data by the former as early as practicable;

b) when a Party has reasons to believe that a programme, activity or project to be carried out in areas under its jurisdiction may have adverse effects on the natural resources of another State, it shall provide that other State with relevant information on the proposed measures and their possible effects, and shall consult with that State;

c) whenever a Party objects to an activity referred to in sub-paragraph b) above, they shall enter into negotiations;

d) Parties shall develop disaster preparedness, prevention and management programmes, and as the need arises hold consultations towards mutual assistance initiatives;

e) whenever a natural resource or an ecosystem is transboundary, the Parties concerned shall undertake to cooperate in the conservation, development and management of such resource or ecosystem and if the need arises, set up interstate commissions for their conservation and sustainable use;

f) the Parties shall, prior to the export of hazardous substances, or of alien or modified organisms, undertake to secure the prior informed consent of the importing, and where appropriate, transit States;

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g) the Parties shall take concerted action regarding the transboundary movement, management and processing of hazardous wastes, with a view to supporting, individually and jointly, international accords in this field, and to implementing African instruments related thereto;

h) the Parties shall exchange information bilaterally or through competent international agencies on activities and events likely to affect the natural resources and the environment of areas beyond national jurisdiction.

Article XXIII. COMPLIANCE

The Conference of the Parties shall, as soon as possible, develop and adopt rules, procedures and institutional mechanisms to promote and enhance compliance with the provisions of this Convention.

Article XXIV. LIABILITY

The Parties shall, as soon as possible, adopt rules and procedures concerning liability and compensation of damage related to matters covered by this Convention.

Article XXV. EXCEPTIONS

1. The provisions of this Convention shall not affect the responsibilities of Parties concerning:

a) "force majeure"; and

b) defence of human life.

2. The provisions of this Convention shall not prevent Parties:

a) in time of declared emergencies arising from disasters; and

b) for the protection of public health;

from adopting precisely defined measures derogatory to the provisions of the Convention, provided their application is limited in respect of aim, duration and place.

3. The Parties who take action in accordance with paragraphs 1 and 2 undertake to inform the Conference of the Parties without delay, through the Secretariat, of the nature and circumstances of these measures.

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Article XXVI. CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established at ministerial level, as the decision-making body of this Convention. The first meeting of the Conference of the Parties shall be convened by the Chairperson of the Commission of the African Union not later than one year after the entry into force of the Convention. Thereafter ordinary meetings shall be convened at least once every two years, unless the Conference decides otherwise.

2. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to them by the Secretariat, it is supported by at least one third of the Parties.

3. At its first meeting, the Conference of the Parties shall adopt rules of procedure for itself and for any subsidiary body it may establish, as well as determine the rules governing the funding and operation of the Secretariat; Parties shall make every effort to reach these decisions by consensus; if all efforts at consensus have been exhausted, and no agreement reached, the decisions shall as a last resort be adopted by a two-third majority of the Parties present and voting.

4. At each of its ordinary meetings, the Conference of the Parties shall adopt a programme and budget for the financial period until the next ordinary meeting.

5. The Conference of the Parties shall keep under review and promote the effective implementation of this Convention, and, for this purpose, shall:

a) make recommendations to the Parties on any matters related to the implementation of this Convention;

b) receive and consider information and reports presented by the Secretariat or by any Party and make recommendations thereto;

c) establish such subsidiary bodies as are deemed necessary for the implementation of this Convention, in particular to provide scientific and technical advice;

d) review reports submitted by any subsidiary body and provide guidance to them;

e) promote and facilitate the exchange of information on measures proposed or adopted by the Parties;

f) consider and undertake any additional action that may be required for the achievement of the purposes of this Convention;

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g) consider and adopt, as required, amendments to this Convention;

h) consider and adopt, as required, additional Annexes and amendments to the Annexes to this Convention;

i) seek, through the Secretariat, the co-operation of, and utilize the services of and information provided by, competent bodies or agencies, whether national or international, governmental or non-governmental, and strengthen the relationship with other relevant conventions; and

j) consider any other matter within the scope of this Convention.

6. African Regional Economic Communities, as well as African regional and sub-regional intergovernmental organizations may be represented at meetings of the Conference of the Parties without the right to vote. The United Nations, its specialized agencies and any State Party to the original Convention not party to this Convention, may be represented at meetings of the Conference of the Parties and participate as observers. Any non-governmental organization, whether national, continental, regional or sub-regional, or international, which is qualified in matters covered by the Convention, and which has informed the Secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer, may be so admitted unless at least one third of the Parties present object. The participation of Observers shall be subject to the rules of procedure adopted by the Conference of the Parties.

Article XXVII. THE SECRETARIAT

1. A Secretariat to this Convention is hereby established.

2. At its first meeting, the Conference of the Parties shall designate an organisation to carry out the Secretariat functions under the Convention or shall appoint its own Secretariat and determine its location.

3. The functions of the Secretariat shall be:

a) to arrange for and service meetings of the Conference of the Parties and of its subsidiary bodies;

b) to execute the decisions addressed to it by the Conference of the Parties;

c) to draw the attention of the Conference of the Parties to matters pertaining to the objectives of this Convention and its implementation;

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d) to gather and disseminate among the Parties the texts of laws, decrees, regulations and instructions in force which are intended to ensure the implementation of this Convention, as well as reports pertaining to such implementation;

e) to administer the budget for the Convention and if established, its conservation fund;

f) to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions;

g) to prepare studies and reports on its activities carried out in the implementation of its functions under this Convention and present them to the Conference of Parties;

h) to coordinate its activities with the secretariats of other relevant international bodies and conventions;

i) to provide information for the general public concerning the Convention and its objectives; and

j) to perform such other functions as may be assigned to it by this Convention, or determined by the Conference of the Parties.

Article XXVIII. FINANCIAL RESOURCES

1. Given the central importance of financing to the achievement of the purposes of this Convention, each Party, taking into account its capability, shall make every effort to ensure that adequate financial resources are available for the implementation of this Convention.

2. Financial resources towards the budget of the Convention shall consist of assessed contributions from Parties, annual contributions by the AU, and contributions from other institutions. Contributions of the Parties to the budget of the Convention shall be in accordance with the scale of assessment approved by the Conference of the Parties at its first meeting.

3. The Conference of the Parties may establish a conservation fund constituted from voluntary contributions of Parties or from any other source accepted by the Conference for the purpose of financing projects and activities relating to the conservation of the environment and natural resources. The fund shall function under the authority of, and be accountable to, the Conference of the Parties.

4. The Parties, individually or jointly, shall seek to mobilize further financial resources and to that effect seek full use and continued qualitative improvement of all national, bilateral and

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multilateral funding resources and mechanisms, using consortia, joint programmes and parallel financing, and shall seek to involve private sector funding resources and mechanisms, including those of non-governmental organizations.

Article XXIX. REPORTS AND INFORMATION

1. The Parties shall present, through the Secretariat, to the Conference of the Parties reports on the measures adopted by them in the implementation of this Convention and the results thereof in applying its provisions in such form and at such intervals as the Conference of the Parties may determine. This presentation shall be accompanied by the comments of the Secretariat, in particular regarding failure to report, adequacy of the report and of the measures described therein.

2. The Parties shall supply the Secretariat with:

a) the texts of laws, decrees, regulations and instructions in force which are intended to ensure the implementation of this Convention;

b) any other information that may be necessary to provide complete documentation on matters dealt with by this Convention;

c) the names of the agencies or coordinating institutions empowered to be focal points in matters under this Convention; and

d) information on bilateral or multilateral agreements relating to the environment and natural resources to which they are parties.

Article XXX. SETTLEMENT OF DISPUTES

1. Any dispute between the Parties regarding the interpretation or the application of the provisions of this Convention shall be amicably settled through direct agreement reached by the parties to the dispute directly or through the good offices of a third party. If the parties concerned fa il to settle such dispute, either party may, within a period of twelve months, refer the matter to the Court of Justice of the African Union.

2. The decisions of the Court of Justice shall be final and shall not be subject to appeal.

Article XXXI. AMENDMENTS OF THE CONVENTION

1. Any Party may propose amendments to this Convention.

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2. The text of any proposed amendment to this Convention shall be communicated to the Parties by the Secretariat at least six months before the meeting of the Conference of the Parties at which it is proposed for approval. The Secretariat shall also communicate proposed amendments to the signatories to this Convention at least three months before the meeting.

3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a two-third majority vote of the Parties present and voting.

4. The Depository shall communicate the adoption of the amendment to all Parties and signatories to this Convention.

5. Ratification, acceptance or approval of amendments shall be notified to the Depositary in writing. Amendments shall enter into force among Parties having accepted them on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by at least two thirds of the Contracting Parties to this Convention. Thereafter the amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendments.

6. For the purposes of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative vote.

Article XXXII. ADOPTION AND AMENDMENTS OF ANNEXES

1. The annexes to this Convention shall form an integral part of the convention. Such annexes shall be restricted to scientific, technical, financial and administrative matters.

2. The following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention:

a) any Party may propose additional annex to this Convention;

b) the text of any proposed additional annex to this Convention shall be communicated to the Parties by the Secretariat at least six months before the meeting of the Conference of the Parties at which it is proposed for adoption. The Secretariat shall also communicate the text of any proposed additional annex to the signatories to this Convention at least three months before the meeting;

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c) the Parties shall make every effort to reach agreement on any proposed additional annex to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the additional annex shall as a last resort be adopted by a two-third majority vote of the Parties present and voting;

d) the Depository shall communicate the adoption of the Annex to all Parties and signatories to this Convention;

e) any Party that is unable to accept an additional annex to this Conventio n shall notify the Depositary, in writing, within six months from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the annexes shall thereupon enter into force for that Party;

f) upon expiration of six months from the date of the circulation of the communication by the Depositary, the annex shall enter into force for all Parties to this Convention, which have not submitted a notification in accordance with the provisions of subparagraph e) above.

3. The proposal, adoption and entry into force of amendments to annexes to this Convention shall be subject to the same procedure as for the proposal, adoption and entry into force of additional annexes to the Convention.

4. If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or amended annex shall not enter into force until such time as the amendment to this Convention enters into force.

Article XXXIII. RIGHT TO VOTE

Each Party to this Convention shall have one vote.

Article XXXIV. RELATIONSHIP BETWEEN PARTIES TO THE REVISED CONVENTION AND PARTIES BOUND BY THE 1968 ALGIERS CONVENTION

1. Between Parties which are bound by this Convention, only this Convention shall apply.

2. The relationships between Parties to the original Convention and Parties to this Convention shall be governed by the provisions of the original Convention.

Article XXXV. RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTIONS

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The provisions of this Convention do not affect the rights and obligations of any Party deriving from existing international treaties, conventions or agreements.

Article XXXVI SIGNATURE AND RATIFICATION

1. This Convention shall be open for signature immediately after being adopted by the Assembly of the African Union.

2. The Convention shall be subject to ratification, acceptance or approval by each of the States referred to in paragraph 1 above. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.

Article XXXVII. ACCESSION

1. This Convention shall be open to accession by Member States of the AU from the date on which it is closed for signature.

2. The instruments of accession shall be deposited with the Depositary.

Article XXXVIII. ENTRY INTO FORCE

1. This Convention shall come into force on the thirtieth day following the date of deposit of the fifteenth instrument of ratification, acceptance, approval or accession with the Depositary, who shall inform the States referred to in Articles XXXVI and XXXVII accordingly.

2. For each State which ratifies, accepts or approves this Convention or accedes thereto after the depositing of the fifteenth instrument of ratification, acceptance, approval or accession, this Convention shall come into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

3. Any State that becomes a party to the present Convention that was not a party to the 1968 Algiers Convention shall take necessary steps to withdraw from the London Convention of 1933 on the Conservation of Flora and Fauna in their Natural state.

4. No instrument of accession to the 1968 Algiers Convention may be deposited after the adoption of this Convention.

Article XXXIX. RESERVATIONS

No reservation may be made to this Convention.

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Article XL. WITHDRAWAL

1. Any Party may withdraw from this Convention by notification in writing addressed to the Depositary.

2. Such withdrawal shall take effect, for such a Party, one year after the date of receipt of its notification by the Depositary.

3. No withdrawal shall, however, be made before the expiry of a period of five years from the date at which this Convention comes into force for the Party concerned.

Article XLI. SECRETARIAT INTERIM ARRANGEMENTS

The Secretariat functions referred to in Article XVII.3 shall be carried out on an interim basis by the Chairperson of the African Union until the decision of the Conference of the Parties referred to in Article XXVII.2 has been taken.

Article XLII. DEPOSITARY

The Chairperson of the African Union shall be the Depositary of this Convention.

Article XLIII. AUTHENTIC TEXTS

The original of this Convention of which the Arabic, English, French and Portuguese texts are equally authentic, shall be deposited with the Depositary.