Human wildlife conflicts

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Summary

The Parks and Wildlife Act provides the legal framework for human wildlife conflict. It recognizes several human wildlife issues, which include the killing of wildlife that is considered a danger to humans, in self-defence, in defence of another person, or to prevent the spread of disease, and to control damage to property and nuisance. The main institutions responsible over human wildlife conflicts are the Minister of Environment and Tourism, the Parks and Wildlife Management Authority, and all ‘appropriate authorities’ (AAs) for land and water, including the environment committees of the Rural District Councils (RDCs). The Act provides that in a national park, the Parks and Wildlife Management Authority in concurrence with the Minister may authorize the killing of an animal considered a danger to humans, or causing damage to property. Further, the Authority may authorize the killing of an animal for the purpose of controlling the spread of disease. Within alienated land, the Minister in consultation with the environment committee of the RDC (also identified as ‘conservation committee’ by the Environment Management Act) may authorize the killing of animals that are causing excessive damage and nuisance. The Minister, acting in consultation with the Parks and Wildlife Management Authority, has powers that extend over any land to restrict hunting of any animal, either indefinitely or over a specified time, in order to control the spread of disease or for the protection of human life and property. With regard to fishing, the AAs have the power to introduce any chemical into the water to control the spread of disease or to make the water suitable for human and animal consumption. The Parks and Wildlife Act provides for the killing of wildlife without a permit only in self-defence or in defence of another person. Such killing should be immediately and absolutely necessary. The onus of proving that the animal was killed in self-defence or in defence of another person, and that it was immediately and absolutely necessary, falls on the person who killed the animal. The Act makes it mandatory for any person who kills an animal in self-defence or in defence of another person to report such action in person within seven days of the occurrence to the AA for the land on which the animal was last sighted. Alternatively, this action can be reported at the nearest convenient office of the Parks and Wildlife Management Authority or police station, or at the office of the local authority for the area concerned. The Act does not recognize the killing of wildlife in defence of property as a valid defence. Only the Authority in concurrence with the Minister, or the Minister on the recommendation of, or after consultation with, the Authority, or an environment committee of a RDC can authorize the killing of an animal causing excessive damage or nuisance.

HUMAN-WILDLIFE CONFLICTS

INSTITUTIONAL FRAMEWORK RELEVANT TO HUMAN-WILDLIFE CONFLICTS