INSTITUTIONAL FRAMEWORK RELEVANT TO HUMAN-WILDLIFE CONFLICTS
INSTITUTIONAL SET-UP
Does the law define the powers and responsibilities of each level of authority, including at central and local levels, in relation to human/wildlife conflicts?
2 answers
Section 6 (extract):
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power...
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(b) take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state;
Section 45 (extract):
(1) The Minister may, by order published in the Gazette, prohibit, for periods not exceeding 12 months at a time, the hunting or disturbance of any animals, or any species or sex of animals or any specimen of animal, in any defined area or areas, or the removal of any animal or part of any animal from any defined area or areas, for purposes of control of the spread of disease, protection of life or property, or for administrative purposes:
Provided that where the area to which the order relates, or any part thereof, is private land, the Minister shall, in addition to the publication of the order in the Gazette, cause it to be published for seven consecutive days on the notice board of the district office for the area in which that land is situated.
Para 5.7 (extract):
5.7.3.3 Strengthen and empower Problem Animal Control (PAC) Unit to promptly respond to problem animal related issues.
Does the law specify criteria (such as Participation, Accountability, Non-Discrimination, Transparency, Human Dignity, Empowerment, Rule of Law) according to which such powers should be exercised?
0 answer
Does the law provide for action taken by public authorities to be open to public scrutiny and assessed against measurable criteria?
1 answer
Section 10 (extract):
(1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a —
(a) department of Government, in the exercise of administrative functions of that department –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained injustice or unfair treatment in consequence of maladministration in connection with the action so taken; or
(b) department of Government or private entity –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained violation of his or her human rights in consequence of the action so taken.
(2) The Ombudsman may take appropriate action to call for the remedying, correction and reversal of instances specified in subsection (1) through fair, proper and effective means, including —
(a) mediation, arbitration, negotiation, conciliation and compromise between the parties concerned; and
(b) causing the complaint and a finding on it, to be reported to the principal officer of any department of Government or a private entity and to a person who is established to have taken or authorised the action in question.
Does the law provide for special thematic tribunals dealing with human–wildlife conflict-related matters?
0 answer
