RATIFIED INTERNATIONAL INSTRUMENTS

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Sudan

Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA)

COMPARISON OF THE LEVEL OF PROTECTION OF WATERBIRDS UNDER AEWA AND SUDANESE LAW

Art. II-1

The legal framework defines the concept of favourable conservation status of waterbirds.

Art. II-2

The legal framework allows for the precautionary principle to be taken into account in the implementation of conservation measures for migratory waterbirds.

Art. III-2 (a) et Art. IV (Action Plan, para. 2.1.1)

The legal framework:
- prohibits the taking of threatened waterbirds (i.e waterbirds belonging to populations listed in column A of Table 1 of Annex 3 of AEWA) and their eggs;
- prohibits any deliberate disturbance in their regard;
- prohibits the possession, utilization of, and trade in these birds, their eggs or any parts or derivatives;
Except for populations of birds in categories 2 and 3 of column A marked with an asterisk, and for populations in category 4 of column A, for which hunting may exceptionally be permitted, provided that it is sustainable and is conducted within the framework of international species action plan.

Art. III-2 (b) et Art. IV (Plan d'Action, para. 2.1.2 et 3)

The legal framework:
- prohibits the taking of vulnerable waterbirds (i.e. waterbirds listed in Column B of Table 1 of Annex 3 of AEWA) during their various stages of reproduction and rearing and during their return to their breeding grounds;
- prohibits the use of all indiscriminate means of taking and the use of all means capable of serious disturbance, except for livelihood purposes where the taking is sustainable;
- provides for limits on the taking of such birds and adequate controls to ensure the limits are observed;
- prohibits the possession, utilization of, and trade in, birds, eggs and any parts or derivatives taken in contravention of the above requirements.

Art. III-2 and Art. IV (Action Plan, para. 2.1.3)

The legal framework requires that any exemption from the AEWA conservation requirements mentionned above (requirements relating to both threatened and vulnerable waterbirds), where they exist, meet the conditions laid down in the Agreement.

Art. III-2 (b) and Art. IV (Action Plan, para. 4.1.7, 4.1.8, 4.2.1, 4.3.7)

The legal framework allows for any use of waterbirds to be sustainable for the species and for the ecosystems that support them and to be based on the best available knowledge of their ecology.
In particular, the legal framework provides for:
- the phasing out of the use of lead shot for hunting in wetlands;
- the principle of sustainable use, as defined by AEWA;
- measures to reduce, and as far as possible eliminate, illegal taking.
In particular, the legal framework encourages:
- the creation of hunters' associations or organisations;
- the establishment of proficiency tests for hunters, including bird identification;
- the establishment of cooperation programmes between all stakeholders to develop sensitive and appropriate ecotourism in wetlands where populations of birds listed in Table 1 of Annex 3 of AEWA are concentrated;
- the implementation of measures to minimise the incidental killing and bycatch in fishing gear as well as unsustainable fishing.

Art. IV (Action Plan, para. 2.2.2, 2.4, 4.3.4)

The legal framework:
- provides for the adoption of national single species action plans for the populations listed in Column A of Table 1 with a view to improving their overall conservation status
- encourages the adoption of re-establishment plans for these populations when they are being re-established in parts of their traditional range from which they had disappeared;
- encourages the cooperation with other Parties for the adoption of single species management plans for populations which cause significant damage, in particular to crops and to fisheries.

Art. III-2 (c), (e) and Art. IV (Action Plan, para. 3.1, 3.2, 3.3, 4.3.6, 4.3.9, 4.3.11)

The legal framework allows for the identification of sites and habitats of waterbirds present on the national territory as well as the implementation of measures for the protection, management, rehabilitation and restoration of these sites and habitats, such as :
- the development and publication of national inventories of sites and habitats of waterbirds listed in Table 1 of Annex 3 of AEWA;
- the establishment of protected areas with management plans, and the prohibition of access to breeding areas of colonially-nesting waterbirds,
- carrying out environmental impact assessments for activities that may affect waterbird habitats listed in Table 1 of Annex 3 to AEWA;
- the control of different forms of pollution which may be detrimental to waterbird habitats;
- the rehabilitation/restoration of degraded areas (by pollution or otherwise) that used to contain sites and habitats of importance for waterbirds in Table 1 of Annex 3 to AEWA.

Art. III-2 (g) and Art. IV (Action Plan, para. 2.5)

The legal framework prohibits the introduction of non-native animal or plant species which may be detrimental to the conservation of waterbirds and allows for the adoption of measures to prevent their accidental release and organise, where appropriate, the taking of already introduced specimens when they pose a potential hazard to native waterbirds.

Art. III-2 (h), (i) and Art. IV (Action Plan, para. 4.3.12, 5.2, 5.7, 6.1)

The legal framework allows for the development and implementation of research and monitoring programmes for migratory waterbirds, as well as the harmonisation of monitoring methods and the organisation of relevant training. In particular, it allows for:
- the regular monitoring of the bird populations listed in Table 1 of Annex 3 of AEWA;
- the undertaking of studies on the impact of hunting and trade on the populations listed in Table 1 and on the importance of these forms of utilization to the local and national economy.
- the undertaking of studies on the nature and scale of the effects of lead fishing weights on
waterbirds.

Art. III-2 (j) and Art. IV (Action Plan, para. 6.3, 6.4)

The legal framework allows for the adoption of measures to improve the level of awareness of the general public with regard to conservation of migratory birds.

Art. III-2 (d), (f), (k), (l) and Art. IV (Action Plan, para. 2.3, 5.8)

The legal framework allows for cooperation and mutual assistance between the Parties for the implementation of the Agreement, including the adoption of the following measures:
- The exchange of information and results of research, monitoring, conservation and education programmes;
- The restoration of transboundary wetlands;
- The establishment of procedures for developing and implementing emergency measures in the event of exceptionally unfavourable or dangerous situations for waterbirds.

Article V and Art IV (Action Plan, para. 2.1.3, 4.1.2, 4.1.3, 2.4, 4.2.2)

The legal framework designates the institutionnal bodies responsible for the implementation of AEWA, for the preparation and transmission to the Secretariat of a report on the implementation of AEWA as well as the regular transmission of the information required by AEWA.