Fears draft laws could promote horn trade
THE draft regulations on the domestic trade of rhino horn – if passed – could lead to a boom in the illegal laundering of the sought-after substance, say conservation groups.
They made the comments after the Department of Environmental Affairs released details of a proposed regulation under the Biodiversity Act – still in its draft stage and open for public comment – which is aimed at formulating a set of laws relating to the domestic trade of rhino horn.
The purpose of these regulations, reads the document, “is to regulate the domestic selling or trading, giving, donating, buying, receiving, accepting as a gift or donation, or in any way disposing of or acquiring rhino horn within the borders of the country, and the export of rhino horn for personal purposes”.
WWF South Africa told The Mercury the proposed regulations came when a decision was still pending in the Constitutional Court on whether the 2008 moratorium on domestic rhino horn trade should be lifted.
“We will review the draft regulations relating to potential domestic trade in detail and submit our comments and recommendations within the prescribed 30-day period. Nevertheless, we must flag our high-level concerns over this new development.”
The organisation said it did not believe the necessary control mechanisms were in place at national or provincial level to enable law enforcement to regulate legal domestic trade alongside the existing levels of illegal trade in rhino horn.
“We are particularly concerned about the apparent inclusion of international exports within these regulations, given known challenges around law enforcement and compliances in consumer countries such as Vietnam.
“We note the many instances where attempts to manage legal markets in other commodities, including wildlife products, have been closed due to the unscrupulous exploitation of legal loopholes, with particular reference to ivory.”
Dr Colman O’Criodain, WWF wildlife policy manager, said allowing domestic trade would be counter to the Convention on International Trade in Endangered Species (Cites), which had adopted a resolution urging all parties to adopt and implement comprehensive legislation and enforcement controls, including internal trade restrictions and penalties.
Rhino programme manager Dr Jo Shaw recommended the government retain the moratorium until control mechanisms were in place and rather focus efforts on disrupting the organised criminal syndicates involved in rhino horn trafficking.
Humane Society International Africa executive director Audrey Delsink was also concerned about the “loopholes” the regulations could introduce for criminal syndicates who launder horns.
“(It might) create an enforcement nightmare, both within the country and internationally.
“We do not have the luxury of time to spare when it comes to the fate of rhinos, and we have to focus on shutting down the illegal trade rather than endorsing legal trade in rhino horn, which has significant enforcement challenges and poor capacity.”
A director of Outraged SA Citizens against Poaching, Allison Thomson, said they would be lodging an objection to the draft regulations.
Comment can be e-mailed to mboshoff@environment.gov.za or posted to: The Director-General, Department of Environmental Affairs, for attention: Ms Magdel Boshoff, Private Bag X447, Pretoria 0001.