The Mercury

Fears draft laws could promote horn trade

- Kamcilla Pillay

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.

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 ??  ?? A worker on a farm outside Klerksdorp holds rhino horns after a rhino was dehorned in an effort to deter the poaching. The Department of Environmen­tal Affairs has released proposed regulation­s on the domestic trade of rhino horn for public comment.
A worker on a farm outside Klerksdorp holds rhino horns after a rhino was dehorned in an effort to deter the poaching. The Department of Environmen­tal Affairs has released proposed regulation­s on the domestic trade of rhino horn for public comment.

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