Botswana- Statutory law - Human wildlife conflict
Human wildlife conflicts
Botswana
SUMMARY
The Wildlife Conservation and National Parks Act (WCNPA), 1992 and the Wildlife Policy, 2013 regulate human-wildlife conflicts (HWC) in Botswana. The policy upholds wildlife as a valuable land-use option, confers better protection of wildlife resources, aims to reduce human wildlife conflict, upholds animal welfare, and provides incentives for management of wildlife resources by the public. As such, the Policy promotes public participation in devising HWC mitigation measures. Strategies to mitigate HWC provided in the Policy include promoting comprehensive participatory land-use planning at appropriate levels and implementing a comprehensive HWC management strategy, as well as monitoring and culling specified animals in specific areas. The WCNPA, 1992 permits the killing of wildlife in any area in defence of human life or to prevent the infliction of personal injury if immediately and absolutely necessary, and in defence of livestock, grazing, crops, water installations or fences by the owner or occupier of the land, except in a national park or a game reserve. The use of a prohibited method is allowed for self-defence or when the hunting involves an animal causing damage to property; however, the use of any poisoned weapon, pitfall or snare is prohibited.
A licensing officer may grant a permit authorizing the killing or capturing of animals in the interests of public safety or for the protection of livestock, grazing, crops, water installations or fences in other areas than in a national park, game reserve or sanctuary,. Where the animals for which the permit is sought are protected game animals, the licensing officer shall refer the matter to the Director, who shall grant the permit at his/her discretion. The WCNPA, 1992 obliges individuals to report cases of killings in defence of life or property to the nearest wildlife officer or police station within seven days. Also, the wounding of a dangerous animal must be reported by the person who wounded it or by a witness thereof.
The WCNPA, 1992 and the National Environmental Fund Order, 2010 provide for compensation arising from HWC. The former allows the Minister to determine the rates of compensation to be paid for claims made for damage caused to property by wildlife, while the latter finances and promote activities designed to conserve, protect and manage the Botswana environment, which could include HWC mitigation and alternative income-generating investments. This Fund also provides compensation for damaged caused by wildlife.
The main institutions responsible for HWC are the Minister and the Department of Wildlife and National Parks (DWNP). The Minister is responsible for managing national parks, a role that includes ensuring the security of the animals in national parks. Also, the Minister is empowered to order the removal animals from specific places to protect lives and property. The DWNP has a Problem Animal Control Unit responsible for dealing with HWCs. In devising strategies to mitigate HWCs, the Director of DWNP coordinates with communities, land boards and district councils.
HUMAN-WILDLIFE CONFLICTS
GENERAL REQUIREMENTS
Human-wildlife conflicts (HWCs) are regulated by the Wildlife Conservation and National Parks Act (WCNPA), 1992, the Botswana Elephant Management Plan and Action Plan (2020–2025) and the Wildlife Policy, 2013. The WCNPA, 1992 permits the killing of wildlife in any area in defence of human life or to prevent the infliction of personal injury if immediately and absolutely necessary, and in defence of livestock, grazing, crops, water installations or fences by the owner or occupier of the land, except in a national park or a game reserve. The use of a prohibited method of hunting is allowed for self-defence or when the hunting involves an animal causing damage to property; however, the use of any poisoned weapon, pitfall or snare is prohibited as per section 46 (1) of the WCNPA, 1992. A licensing officer may grant a permit authorizing, elsewhere than in a national park, game reserve or sanctuary: (i) the killing, capturing and driving of animals to control diseases; or (ii) the killing or capturing of animals in the interests of public safety, or for the protection of livestock, grazing, crops, water installations or fences. Whenever a permit is sought for protected game animals, the licensing officer shall refer the matter to the Director, and the permit shall be granted by the Director at his/her discretion.
Section 46 of the Wildlife Conservation and National Parks (Cheetahs) (Killing Suspension) Order, 2005, permits the owner or occupier to kill any animal that has caused, is causing or threatens to cause damage to any livestock, crops, water installations, or fence, does not apply with regard to cheetahs. If a cheetah is causing damage to livestock or property, this must be reported to the nearest wildlife office within seven days. The killing of lions is restricted by the Wildlife Conservation and National Parks (Lions) (Killing Restrictions) Order, 2005. A person may only kill a lion if the lion or group of lions has killed livestock, or if the lions threaten human life. If a group of lions is involved, a person may kill only one lion in the group. Furthermore, a person who kills a lion must demonstrate that prior to the killing, he/she had attempted to prevent damage from being caused to his/her livestock or property by the lion concerned by herding livestock and enclosing livestock in a secure kraal. Also, the person who killed the lion must report to the nearest wildlife office or police station within seven days and must preserve the area where the lion or the livestock were killed or wounded, for forensic investigations.
Sections 46 and 47 of the WCNPA, 1992 require individuals to report cases of killings in defence of life or property to the nearest wildlife officer or police station, within seven days. Also, the wounding of a dangerous animal must be reported by the person who wounded it or by a witness of the wounding. If a person who does not have a licence kills a game animal in self-defence or in defence of others, failure to report the killing of animals in self-defence is an offence punishable by a fine of BWP500 and six months’ imprisonment. If a person who does not have a licence kills an animal causing damage, failure to report this killing is punishable by a fine of BWP1 000 and imprisonment for one year.
The Wildlife Policy and WCNPA, 1992 provides for various strategies to regulate HWCs such as promoting comprehensive participatory land use planning at appropriate levels and developing/implementing a comprehensive HWC management strategy; and monitoring and culling specified animals in specific areas. The Wildlife Policy provides for public participation in devising strategies to manage HWCs. Furthermore, the Elephant Management Plan and Action Plan (2020–2025) provides for mechanisms to manage and reduce human-elephant conflicts. These mechanisms include supporting communities by demonstrating or implementing preventive and mitigating measures such as barriers, alarms, deterrents, repellents, disturbances, translocations, additional water sources and the removal of elephants. The Plan also advocates for the inclusion of information on elephants and their conservation in school curricula by the DWNP, promotes environmental education, and invests in national public relations exercises
The law does not provide for insurance schemes to cover wildlife damages. Section 87 of the WCNPA, 1992 provides that no liability attaches to the Government or its agencies for any loss sustained by reason of the presence, action or depredations of any non-captive animal, whether or not such animal is within a national park, game reserve or sanctuary. The WCNPA, 1992, section 46(4) allows for the promulgation of regulations regarding compensation payable to victims of wildlife damages. A person must satisfactorily establish that he or she has suffered damage from an action of an animal, but the section falls short in providing guidance on how damage caused by wildlife should be measured.
The Minister, through Section 46 (5) of the WCNPA, 1992, determines the rates of compensation to be paid for claims made for damage caused to property by wildlife. Payment of compensation is subject to the following conditions: • All compensations are paid in cash. • No compensation applies where a farmer has injured or killed a lion. • Full (100 percent) compensation applies only where damage is caused by an elephant or lion, and other property is paid at 50 percent replacement cost. • The compensation rates exclude labour, transport and any other costs. • Property compensated for shall be marked with a special code and remains government property. • Proof of ownership for property and lawful occupation of land is required to be compensated. • No compensation will be made for wild animals kept in captivity, (e.g. in farms and ranches, and for regenerated crops).
The National Environmental Fund Order, 2010 establishes the National Environmental Fund (NEF). This Fund aims to finance and promote activities designed to conserve, protect and manage the Botswana environment, which could include HWC mitigation and alternative income-generating investments. This Fund also provides compensation for damaged caused by wildlife. The Conservation Trust Fund, established under the Conservation Trust Fund Order, 1999 is also instrumental in cushioning the communities affected by elephants through the provision of grants for fencing electrification and water provision.
INSTITUTIONAL FRAMEWORK RELEVANT TO HUMAN-WILDLIFE CONFLICTS
INSTITUTIONAL SET-UP
The Wildlife Conservation and National Parks Act, 1992 grants authority to the implementing Minister and the Department of Wildlife and National Parks (DWNP) for managing human-wildlife conflicts (HWCs). Specifically, the Minister is responsible for managing national parks, a role that includes ensuring the security of the animals in national parks. Also, the Minister is empowered to order the removal animals from specific places to protect lives and property. The DWNP has a Problem Animal Control Unit responsible for dealing with HWCs.
INSTITUTIONAL COOPERATION AND COORDINATION
The Wildlife Conservation and National Parks Act (WCNPA), 1992, Section 15 provides for coordination in the development of wildlife management areas, their management plans and their administration, between the Director, land boards and district councils. Further, non-governmental organizations and the private sector have cooperated with the Government in providing mitigation measures such as building capacities of communities, translocating problem animals, providing guard dogs, building predator-proof kraals, drilling boreholes, and providing activities for education awareness raising, and training on proper animal husbandry practices.
DELEGATION OF POWERS
The Wildlife Policy, 2013 provides for the devolution of problem animal control to entities utilizing Wildlife Management Areas (WMAs) such as Community Based Organisations. Section 6 of the Wildlife Conservation and National Parks Act (WCNPA), 1992 permits the delegation of functions to the Director for the control and management of national parks, and related issues.