Handout For Policies and Laws - GE
Handout For Policies and Laws - GE
Chapter 1: Natural Resources, conflicts, and the role of state and Institutions..................................... 1
1.1. Introduction ............................................................................................................................ 1
1.2. Natural resources and Economic development ...................................................................... 4
1.3. Conflicts over Natural resources cause and type ................................................................... 7
1.3.1 Causes of conflicts over natural resources ............................................................................ 7
1.3.2 Types of Natural resource related conflicts and how to address conflict situations............. 9
1.4. The role of state and institutions in conflict management or how to address conflicts ........ 9
Chapter 2: Policy and Laws as a management tools ............................................................................. 11
2.1. Policy making processes, approaches and models .................................................................... 12
2.2. Relationship of policy and law ................................................................................................... 22
2.3. Main Principles of law ................................................................................................................ 29
2.4. Courts and court procedure, and the law of evidence .............................................................. 32
2.5. Impementation and evaluation of policies ................................................................................ 39
Chapter 3. Wildlife and Ecotourism Policies and practices in Ethiopia ................................................ 43
3.1 Introduction .......................................................................................................................... 43
3.2 The History of Modern Wildlife Conservation in Ethiopia .................................................... 44
3.2.1 Ownership and management of Ethiopian wildlife and Protected Areas ........................... 48
3.3 Ecotourism in Ethiopia .......................................................................................................... 50
3.4 National Wildlife and Ecotourism policies of Ethiopia.......................................................... 52
3.4.1 The Ethiopian Wildlife Conservation Authority Policy and Strategy ................................... 52
3.4.2 The Tourism Development policy of Ethiopia ...................................................................... 54
3.5. Policy and law enforcement mechanisms ............................................................................ 56
3.6. Major issues and constraints ..................................................................................................... 58
3.7. Conflicts and their management ............................................................................................... 59
Chapter 4: Conventions, policies and laws ........................................................................................... 61
4.1. International Wildlife conventions, Agreements and Laws .................................................. 61
4.2. National policies and laws..................................................................................................... 63
4.3. Wildlife administration and National laws of Ethiopia ......................................................... 66
4.4. Issues and Implementation problems or Limitations ........................................................... 66
5.References ......................................................................................................................................... 68
6. Appendix ........................................................................................................................................... 69
I
Chapter 1: Natural Resources, conflicts, and the role of state and Institutions
1.1.Introduction
Natural resources are those resources that occur within the environment in their original and
natural form, undisturbed by humanity and can be used for economic gain. They take years to
form without the intervention of humans. The Mother Earth is abundant with natural resources
that develop on this planet. They are naturally derived from the surrounding environment. They
include minerals, forests, fertile land, and water. Some natural resources, such as sunlight,
soil and water are essential for survival/the existence of life while others like coal, gas and oil
are used for satisfying our daily needs/human desire. Natural resources classified in different
ways or there are various methods of categorizing natural resources, these include based on:
• Their source of origin,
• Their renewability,
• Their distribution,
• Their ownership and
• Their stage of development.
On the basis of origin, natural resources may be divided into two types:
• Biotic — If natural resources come from living things or organic materials, then they
are considered as biotic resources. Biotic resources include plants, animals and fossil
fuels. The three fossil fuels are coal, oil, and natural gas. Generally, biotic resources are
obtained from the biosphere (the area of life on earth that contain living and organic
material). For example, plants and animals and/or materials that can be obtained from
them. Fossil fuels such as coal and petroleum are also included in this category because
they are formed from decayed organic matter. Forests and their products, animals, birds
and their products, fish and other marine organisms are important examples. Minerals
such as coal and petroleum are sometimes included in this category because they were
formed from fossilized organic matter, though over long periods of time.
• Abiotic – Abiotic resources are those that come from non-living, non-organic material.
Examples of abiotic resources include land, fresh water, air, minerals such as rare earth
metals and heavy metals including ores such as gold, iron, copper, silver, etc.
Natural resources can be categorized based on their renewability as renewable and non-
renewable resources:
• Renewable resources -are resources that can be replenished naturally or a resource
which can be used repeatedly and replaced naturally. Examples include oxygen, fresh
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water, solar energy and biomass. They can never be depleted, if sustainably utilized.
Some examples of renewable energy sources are solar energy, wind energy,
hydropower, geothermal energy, and biomass energy. These types of energy sources
are different from fossil fuels, such as coal, oil, and natural gas.
Some resources, like sunlight, air, and wind, are called perpetual resources because
they are available continuously, though at a limited rate. Their quantity is not affected
by human consumption. Gasoline, coal, natural gas, diesel, plastics and other fossil
fuels are not renewable. Dependent upon the speed and quantity of consumption,
overconsumption can lead to depletion or total and everlasting destruction of a resource.
Important examples are agricultural areas, fish and other animals, forests, healthy water
and soil, cultivated and natural landscapes. Such conditionally renewable resources are
sometimes classified as a third kind of resource, or as a subtype of renewable resources.
Conditionally renewable resources are presently subject to excess human consumption
and the only sustainable long term use of such resources is within the so-called zero
ecological footprint, wherein human use less than the Earth's ecological capacity to
regenerate. Some of these resources, like sunlight, air, wind, water, etc., are
continuously available and their quantity is not noticeably affected by human
consumption. Though many renewable resources do not have such a rapid recovery
rate, these resources are susceptible to depletion by over-use. Resources from a human
use perspective are classified as renewable as long as the rate of replenishment/recovery
exceeds that of the rate of consumption. They replenish easily compared to Non-
renewable resources.
• Non-renewable resources – Non-renewable resources either formed slowly or do not
naturally formed in the environment or a non-renewable natural resource is defined as
a resource that cannot be replaced in our lifetime. Minerals and fossils are the most
common natural resources included in this category. For example, mineral ores such as
gold, iron, copper, silver, etc are non-renewable natural resources. From the human use
perspective, resources are non-renewable when their rate of consumption exceeds the
rate of replenishment/recovery; a good example for this are fossil fuels, which are in
this category because their rate of formation is extremely slow (potentially takes
millions of years to get it again). Some resources actually naturally depleted in amount
without human interference, the most notable of these are radio-active elements such
as uranium, which naturally decay into heavy metals. Of these, the metallic minerals
can be re-used by recycling them, but coal and petroleum cannot be recycled. Once they
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are completely used they take millions of years to replenish i.e. non-renewable
resources- take millions of years to replenish or formed over very long geological
periods. (ex. Fossil fuels- coal, oil, natural gas). Non-renewable energy resources, like
coal, nuclear, oil, and natural gas, are available in limited supplies. This is usually due
to the long time it takes for them to be replenished. Generally, since their rate of
formation is extremely slow, they cannot be replenished, once they are depleted in once
life time.
Natural resources are also categorized based on their distribution:
• Ubiquitous resources are found everywhere (e.g., air, light, water).
• Localized resources are found only in certain parts of the world (e.g., copper and iron
ore, geothermal power).
On the basis of ownership, resources can be classified as
• Individual’s natural resources,
• Communal natural resources (community),
• National natural resources, and
• International natural resources.
• Transboundary natural resources
Considering their stage of development, natural resources may be classified into the
following:
• Potential natural resources — are resources that may be used in the future—for
example, petroleum in sedimentary rocks that, until drilled out and put to use remains
a potential resource
• Actual natural resources — Those resources that have been surveyed, quantified and
qualified and, are currently used for development, such as wood processing, depends
on technology and cost
• Reserve natural resources — The part of an actual resource that can be developed
profitably in the future
• Stock resources — Those that have been surveyed, but cannot be used due to lack of
technology—for example, hydrogen
Generally, the top 11 Natural Resources in the World are
• Sunlight
• Water. While the earth may be mostly water, only about 2-1/2% of it is fresh water. ...
• Air (atmosphere). Clean air is necessary for the existence of life on this planet. ...
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• Soil
• Plants
• Animal
• Coal. Coal is estimated to be able to last less than 200 more years. ...
• Oil
• Natural gas
• Phosphorus
• Other Minerals, Iron,
A resource is a source or supply from which a benefit is produced. An item becomes
a resource with time and developing technology. Typically, resources are materials, energy,
services, staff, knowledge, or other assets that are transformed to produce benefit and in the
process may be consumed or made unavailable. There are three key resources that are
fundamental and essential for human/animal survival in preserving and/or expanding life:
• Food
• Water
• Shelter
For any wildlife/animal the key natural resources needed are food, water and territory that they
can find from their habitat. Therefore, conservation is the protection or management of natural
resources with the goal of sustainability.
1.2. Natural resources and Economic development
Natural resources such as land, water, forests, wildlife and livestock as well as marine life are
the primary sources of income for a good part of the population of developing countries.
Economists generally agree that economic development and growth are influenced by four
factors: human resources, physical capital, natural resources and technology. Highly developed
countries have governments that focus on these areas. Economic development is no longer
regarded as dependent on the accumulation of physical and human capital. There is a third form
of “capital” or “economic asset”, which is important to the performance of the system of
production, consumption, investment, saving and welfare. This distinct type of capital is the
natural and environmental resource endowment available to an economy, and it is commonly
referred to as “natural capital”. Capital refers to any stock that yields a flow of valuable goods
or services now and in the future. Standard growth models emphasize the role of capital
produced by humans and three types can be identified: manufactured capital (factories,
buildings, tools and other physical objects identified with means of production), human capital
(the stock of education, skills, culture and knowledge stored in human beings themselves) and
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social capital (connections within and between social networks). However, there is increasing
consensus that natural capital is a fundamental determinant of economic development.
Natural capital is important for sustainable economic development, but increasing economic
dependence on natural resource exploitation appears to be an obstacle to growth and
development in most low- and middle-income economies in the world. The recent literature
reveals a negative relationship between economic growth per capita and some measures of
natural capital, which has been described as the “curse” of the abundance of natural resources.
Why should an abundance of natural resources often be connected to poorer economic
performance? Is an abundance of natural resources a “curse” for economic growth?
History shows that institutional quality is the key factor to deal with abundant natural resources
and, especially, with the rents derived from their use and exploitation. The ways in which
natural resources interact with economic development are mediated by the performance of
institutional arrangements in at least three dimensions:
(i) institutions’ ability to limit rent-seeking opportunities that divert
innovation and resources from productive avenues;
(ii) political competition and participation relate to rules governing chief
executive recruitment and selection, the fairness and impartiality of
electoral processes, and constraints on executive power; and
(iii) the characteristics of institutions that reduce transactional risk
through proper enforcement of property rights.
In sum, history is very clear in showing that natural capital is non-neutral for economic
performance but it is a systemic component of economic development where institutional
quality with good policy and legislation is the key component to deal with and create “curses”
and “blessings” of natural resources.
What is meant by economic growth and economic development?
Economic growth reflects an increase in that country's gross domestic product (GDP) or is the
increase in the real output of the country in a particular span of time. Whereas Economic
development, on the other hand, is a broader term. It indicates an increase in citizens' quality
of life and is often measured using the Human Development Index or it is the increase in
the level of production in an economy along enrichment of living standards and the
advancement of technology
The main development indicators, such as life expectancy, education, child mortality or in the
human development index (Ross 2001; Bulte et al. 2005).
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Sustained growth can spur development in several ways: Lifts per capita incomes and raises
people out of extreme poverty. ... Higher incomes can also reduce income and wealth
inequality. Faster economic growth generates higher profits which can then be reinvested –
promoting increased productivity and capacity.
Generally, the following are the characteristics of economic growth that can spur economic
development
• High rates of growth per capita output and population.
• High rates of increase in total factor of productivity (TFP); the output per unit of all
inputs.
• High rates of structural transformation of the economy.
• High rates of Social, Political, and Ideological Transformation.
• Propensity to trade.
Economic growth refers to an increase over time in a country`s real output of goods and
services (GNP) or real output per capita income. Economic development is more relevant to
measure progress and quality of life in developing nations. Economic growth is a more
relevant metric for progress in developed countries.
Therefore, natural resource management and conservation aims to ensure that ecosystem
services are protected and maintained for future human generations, and also maintain
ecosystem integrity through considering ethical, economic, and scientific (ecological) variables
because they are input for growth and development of society.
Development Intervention
Development practitioners must be aware that any intervention they might make around natural
resources even the most well-intended and humanitarian one will introduce new factors, which
might change the existing balance of power. Any such intervention may increase existing
conflictive situations or even create new ones.
Development projects dealing with natural resources may trigger or exacerbate conflicts by
having the following (possible) effects:
• They may change or modify production forms, processes and (informal) agreements.
• They often create new decision making procedures or modify existing ones, thus
affecting existing power relations.
• They contribute with resources (directly or indirectly), and might create “winners and
losers”.
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• They convey or introduce values and intend to change attitudes, which might be
embraced by certain members of the target group while others might resist or reject it
(e.g. a project which is primarily addressing minorities).
1.3. Conflicts over Natural resources cause and type
In many cases, natural resources are considered common goods or are utilized by several users.
Natural resource management always involves cooperation and/or competition (due to different
– competing/conflicting – interests). Therefore, any management of natural resources will
likely have to address
• the issues of ownership of natural resources,
• allocation of power to manage and control natural resources and
• the sharing of natural-resource benefits.
In many political contexts natural resource managements are inevitably affected by conflicts.
To prevent violent conflicts, by assessing risks and to foster adaptation as well as innovation,
analysis of interest and needs of actors, as well as their power relations and rights that influence
resource management in different settings should be understood. Evidence shows that good
analysis of conflicts and subsequent measures contribute to prevent conflicts related with
natural resource use and management.
1.3.1 Causes of conflicts over natural resources
Conflicts over natural resources are not a new phenomenon. A series of factors or trends are
known which often trigger or substantially exacerbate conflicts over natural resources. The
result is that local/traditional mechanisms are no longer able to address or solve conflicts and
mediate diverging interests. The following list gives an overview of such causes/factors:
Undefined natural resource user or ownership right
In most cases, natural resources have more than one user. Without clear agreements and/or
legal status, this opens doors for conflicts, which reflect the power relations between users.
Competition over scarce natural resources
When economic and population growth, combined with the destruction of ecosystems leads to
a situation where competition over resources increases. Such conditions can easily exacerbate
the potential for conflicts, particularly where other conflict factors (e.g. politicized ethnicity or
social inequality) are present.
Conflicts over scarce natural resources such as land, water, and forests are ubiquitous. People
everywhere have competed for natural resources to enhance their livelihoods. However, the
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dimensions, level and intensity of conflict vary greatly from one place to another. mostly
conflicts were centred on competition for water and land.
Climate change and excess natural resource exploitation pressure
Climate change substantially affects developing countries. More and longer drought periods
increase the pressure on natural resources, thus triggering new or worsening existing conflicts.
Corruption of Natural resources by state officials and rich companies
A richness in natural resources (e.g. timber, mining, gold) can increase corruption and create a
so-called “resource curse”. Here, conflicts between state officials or companies on one side and
rural people and their organisations on the other side are likely to occur.
Political system change
Political changes in many countries, especially in fragile contexts, can create new aspirations
in terms of exploitation of resources. Functioning institutions, arrangements and regulations
are especially necessary in such situations.
When natural resource laws contradict with the indigenous/traditional bylaws/rules
Official laws regarding natural resources management do often not match with traditional
indigenous user rights and regulations, thus causing conflicts between government officials
and local users.
Privatisation policy of common natural resources
Privatisation policies of common natural resources or services can trigger serious (political)
conflicts within a society (e.g. land grabbing).
Post- war situations
Especially in post-war situations, and also when neighbouring countries experiencing armed
conflict, weapons are easily available. At times, armed groups play a role in controlling the
access to natural resources or landlords are having their possessions guarded by armed militia.
If safety and security are not guaranteed by the state, even small producers resort to weapons.
This often leads to smaller or larger scale war-like confrontations between different ethnic
groups or producers.
Ethnic clashes
Ethnic clashes can occur when population migration increases demand for scarce resources
such as water, pasture or timber. For example, due to movement of pastoralists in search of
natural resources for their livestock to other community’s natural resource.
Natural resource abundances or “resource curse”
Scholars claim that it is resource abundance, rather than scarcity, that is the bigger threat to
create conflict. For example, the situation in Republic of Democratic Congo
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1.3.2 Types of Natural resource related conflicts and how to address conflict situations
In general types of natural resource conflicts mainly related to resource ownership/tenure,
resource governance/management and resource use/access. The following conflicts illustrate
these situations clearly.
• Conflicts over land tenure due to an unclear “legal” situation and unclear transfers in
the past
• Conflicts between traditional and government authorities about competences and power
over a natural resource
• Conflicts between different herders in access to pastures and water holes
• Conflicts between sedentary farmers and nomadic herders on traditional grazing rights
and damages to crops and fields
• Conflicts over the use of water by different actors (private and public) or interest groups
for different purposes
• Conflict over forests (common property or state property) between different
stakeholders, including state authorities regarding user rights and access
• Conflicts between local resource users and external (often bigger and more powerful)
actors
1.4. The role of state and institutions in conflict management or how to address conflicts
State is an organised political community, occupying a definite territory, possessing an
organized government, and enjoying independence from external control. State is important
because it is the only legitimate authority to take decisive actions that will govern a big human
community. Government refers to the group of authorized people who governs a country or a
state. State refers to the organized political community living under a single system of
government. The main difference between state and government is that state is more or less
permanent whereas government is temporary.
Institution is a social structure in which people cooperate and which influences the behaviour
of people and the way they live. Institutions are permanent, which means that they do not end
even the members or founders are gone. It has rules and can enforce rules of human behaviour.
Institutions can be formal or informal; formal institutions are normally established and
constituted by binding laws, regulations and legal orders which prescribe what may or may not
be done. All over the world conflicts over natural resource bother stakeholders involved in the
natural resource management. For example, Government and non-government organisations,
security agencies, grass root organisations and communities are working on the challenge of
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preventing, managing, transforming and mitigating conflict over natural resource management.
Each of these institutions has specific policies and strategies for dealing with conflicts.
Governments play role in establishing and supporting appropriate institutions of the state in
order discharge their responsibility in natural resource conflict management.
In addressing or managing conflicts over natural resources the following points need to
considered
• Well-designed institutional interventions, that based on a sound analysis of the
situation, have the potential to mitigate conflicts. In those cases, projects and their staff
can play a positive catalyzing or facilitating role in a conflict.
• Capacity building in non-violent conflict transformation techniques for individuals
and institutions has proven successful and will be intensified in the future.
• A further important key for projects in conflicting situations around natural resources
is to promote and adhere to the principles of Good Governance, particularly:
participation, non-discrimination, transparency, accountability, legitimacy and legality.
• In most cases, conflicts around natural resources start at a local level and must be dealt
with on this level, by including all stakeholders/parties concerned in the process.
Traditional community-based mechanisms are mostly well suited to local conditions
and are thus easily adopted by the communities.
• However, local conflicts can have their root causes outside the project realm or spill-
over to sub-national or even national levels which are usually outside the reach of
projects. Here, advocacy strategies can be considered and have an important role to
play as they are positioned to establish and lead a dialogue at higher levels, Generally,
we have to apply 3-STEP approach to work in fragile and conflict affected situations:
Step 1: Understanding the (conflict) context
Step 2: Understanding the interaction between organisation and the conflict context
Step 3: Strategic decisions (Strategic choices)
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Chapter 2: Policy and Laws as a management tools
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2.1. Policy making processes, approaches and models
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19
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2.2. Relationship of policy and law
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2.3. Main Principles of law
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2.4. Courts and court procedure, and the law of evidence
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2.5. Impementation and evaluation of policies
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Chapter 3. Wildlife and Ecotourism Policies and practices in Ethiopia
3.1 Introduction
The interaction between human being and nature was started before million years ago when
human being was created. Their relationships have been increased and more intense during the
hunt and gathering. Traditionally, many people perceived wildlife as only to some game species
(almost exclusively birds, mammals, and fish) that has been hunted. Currently, the term
“Wildlife” includes all living organisms (plant, animal and microorganisms) that are not
domesticated or found in the wild, even those that are not used for sport hunting (non-game
species). In the recent past, before the expansion of wildlife promotion and education, some
people defined “wildlife” is only the large mammals; such as elephants, lions, cheetah, hyena,
leopard, buffalo and other related species. However, wildlife refers to the variety of all living
organisms inhabiting in the wild, at the genetic, species and ecosystem levels on earth.
Ecotourism is an important strategy for socio-economic development in developing countries.
Wildlife tourism as one part of Ecotourism is an important economic asset to many sub-Saharan
Africa. Tourist hunting (trophy or recreational hunting) is an important sub-sector of the overall
tourism market, and one that is even more directly tied to particular species of large mammals.
In Ethiopia, the first recorded indigenous conservation-oriented activity took place during the
reign of Emperor Zerea Yacob (1434-1468). It has been believed that wildlife conservation at
that time was very limited activity. However, relatively it started to expand after the victory of
Ethiopia at the battle of Adwa because in the early 19th century during the period of Emperor
Menelik II there was a wildlife conservation activity held to protect large and flagship animals.
For example, Wildlife regulation in Ethiopia was introduced in 1908, during the reign of
Emperor Menelik II, in the form of a nine-article law strictly forbidding the hunting of young
elephants (EWCA, 2012). Ethiopian ivory exports, which were at their highest between 1900
and 1909, consequently decreased sharply in 1910 after the regulation.
In 1944, three years after Ethiopia’s brief period under colonial rule of Italy (1936–1941), the
first Preservation of Game Proclamation was issued, which defined wildlife as a finite natural
resource. This legislation was passed to regulate hunting of wildlife and to ensure that certain
species were not over hunted. At that time in the proclamation, the finiteness of wildlife
resources was realized and concern for the protection of wildlife was translated into legal acts.
Similar proclamations and regulations were also endorsed following the establishment of the
Department of Forestry, Game, and Fishery by the Ministry of Agriculture in 1945.
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3.2 The History of Modern Wildlife Conservation in Ethiopia
The beginning of the modern wildlife conservation movement in Ethiopia backs to 1960’s that
laid a foundation for the birth of modern concepts of nature and natural resource conservation,
including the thought of cultural conservation in the country. This is especially facilitated after
the Ethiopian government started to establish relations with world governments and with
bilateral and multilateral NGOs like UNESCO. At its 12th session of the General Conference
that was held from November 9th to December 12th, 1962 in Paris, the United Nations
Educational, Scientific and Cultural Organization (UNESCO) adopted two motions with regard
to the conservation of nature and natural resources.
The first resolution was concerned about the economic development and conservation of
natural resources, flora and fauna. Its essence was to consider the importance of natural
resources conservation, flora and fauna, for sustainable economic development of countries
and the benefits of their population. Thus, the General Conference urged all member states,
particularly the developing countries to pay due attention to the conservation, restoration and
enrichment of their natural resources, flora and fauna, while UNESCO and the competent
international organizations give their fullest support to developing countries in the
conservation, restoration and enrichment of their natural resources at their request.
The second motion was concerned about the safeguarding of the beauty and character of
landscapes and sites, with consideration to their aesthetic and cultural values. The Ethiopian
Delegations to the General Conference of UNESCO had given their fullest support to these
motions through the then minister of Agriculture and head of the delegation, H. E. Mr.
Akalework Habtewold. Subsequently, the minister requested assistance from UNESCO in the
field of natural resources, flora and fauna, conservation in Ethiopia. In his letter, the minister
pointed out that “it is our wish to manage and develop national parks and wildlife reserves to
ensure the preservation of our flora and fauna, to provide centers of biological and ecological
research and contribute to the growth of the national economy, especially through tourism
development and game cropping.” UNESCO decided to support the request, and organized five
members of the mission to Ethiopia following the invitation of His Imperial Majesty Emperor
Hailesilasie I.
Right after attending the 8th General Assembly of IUCN which was held in Nairobi, the group
proceeded from Nairobi to Addis Ababa on Sept 25th, 1963. The mission was comprised of Sir
Julian Huxley, a former Director-General of UNESCO from London (the head of the mission);
Prof. Thomas Monod at the Museum of National d’histoire Naturalle of Paris and Director of
the Institut franqais d’Afrique noire, from Paris and Dakar; Mr. Leslie Brown Swift, former
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Director of the Division of Wildlife Management, U.S. Department of Agriculture; Dr. E.B.
Worthington, Deputy Director of the Nature Conservancy of London; and Mr. Monsieur Alain
Gille, UNESCO Science Officer for Africa. The mission was received by His Imperial Majesty
and after exchanged ideas they visited some relevant institutions in Addis Ababa, including the
Institute of Archaeology, the Office of Tourism, the Haile Selassie I University and the
Ministry of Agriculture. After their visit in Addis Ababa, starting on September 26th, 1963, for
seven consecutive days the mission conducted intensive field trips across the countries,
encompassing Awash, Jima, Maji, the north end of Lake Rudolf, Omo River Delta, Lake
Stefanie, Rift Valley Lakes, the Blue Nile Gorges, Lake Tana and Mount Simien Massif. Mr.
Wolde Michael Kelecha, the then Director of Forestry and Game accompanied the mission on
all its field visits.
Then, the team realized that Ethiopia supports a remarkable varieties of wildlife species,
including extraordinary landscape features and unique cultural values, but lacked appropriate
technical expertise to deal with the conservation matters. Thus, the team recommended given
the country’s endowments with such high endemism and tremendous potential of natural
resources which can be the basis for flourishing tourist industry, immediate and long-term
conservation plans should be developed and implemented with the support of international
organizations. This visiting by prominent individuals such as Sir Julian Huxley and Leslie
Brown resulted in recommendation for the establishment of protected areas in various parts of
Ethiopia. At the same time the basis for a system of wildlife conservation areas encompassing
the most important ranges for important large mammal wildlife species had been developed.
Following these recommendations, a semi-autonomous conservation organization the
Chartered Wildlife Conservation Authority (CWCA) the one later changed to Ethiopian
Wildlife Conservation Organization (EWCO) came into being under the Ministry of
Agriculture in 1965. Therefore, the Ethiopian Wildlife Conservation Organization (EWCO)
was established in 1965 and formally recognized as an autonomous body five years later under
Order No. 65/1970. Subsequently, Awash and Simien National Parks were established in 1966
and 1969 respectively as the first Ethiopian PAs. An English man, John Blower, was recruited
from East Africa to advise on wildlife conservation and management in Ethiopia. At the
beginning the conservation programme of the CWCA were based on the following objectives:
A. to conserve the precious heritage of Ethiopian wildlife resources for the enjoyment of
the present people and the generation to come
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B. to preserve the wildlife, particularly the endangered species from depletion and
consequent extinction for the continued development of the Ethiopian economy,
education and for their scientific value
C. to protect and develop the wildlife resources of Ethiopia as a potential tourist attraction.
The Authority latter called the Ethiopian Wildlife Conservation Organisation (EWCO)
structured in three main sections with its own objectives and targets. These are the
• Education
• Conservation &
• Utilisation sections
For example, the education section was established to agitate the broad masses to have a better
and greater participation in development, protection, rational utilisation and management of
wildlife resources whereas the conservation section was to conserve and manage the natural
ecosystem. Similarly, the utilization section was established to promote sustainable utilization
of species and the ecosystems.
In 1974, Marxist revolutionaries overthrew the Ethiopian monarchy and declared the country
a socialist state. During the socialist regime (1974–1991), only three National parks were
established. During this time, local people were not given the means to maintain access to
conservation areas and manage the natural resources therein, placing the local population in
conflict with conservation objectives. In 1980, the Forest and Wildlife Authority was
established, and the Convention on International Trade in Endangered Species of Wild fauna
and Flora (CITES) was ratified in 1989.
However, the new government maintained previously established wildlife management
policies, taking a fortress conservation approach. At the time of the overthrow of the socialist
regime in 1991 and in response to the previous regime’s approach, local people attempted to
resist the government’s control of natural resources, even going so far as to attack park officers
in an attempt to regain lost access to resources. The new government, led by the Ethiopian
People’s Revolutionary Democratic Front (EPRDF), started to rehabilitate the facilities.
In 1993, the responsibilities of the Forest and Wildlife Authority were transferred to the
Ministry of Natural Resources Development and Environmental Protection, and then to the
Ministry of Agriculture, when the current Constitution of Ethiopia was adopted in 1995. The
constitution promoted ethnic states and regions, consolidating and extending government
decentralization (Federal Democratic Republic of Ethiopia, 1995), including with regard to the
management of wildlife and PAs. As a result, PA management, with the exception of two
46
federally administered areas, was transferred to regional governments. This reflects a shift to a
more community-oriented approach, perhaps influenced by global Community Based
Conservation (CBC) trends.
In 1998, the duties and responsibilities of the Wildlife Conservation Authority were transferred
to the Biodiversity Conservation and Research Institute, and then, in 2003, to the Ministry of
Agriculture and Rural Development. During the period from 1997 to 2008, 10 more PAs were
created. Thus, the total area of PAs increased with each regime. In 2007, the Ethiopian Wildlife
Conservation Authority (EWCA) was established, with the mission of facilitating active
participation in and utilisation of parks and other PAs in the name of wildlife conservation.
Generally, 20 national parks and three sanctuaries are distributed across Ethiopia’s nine
ethnically based administrative regions and two self-governing administrations. PAs range in
area from 19.4 km2 to 6,987 km2, encompassing a total area of 52,478 km2 and occupying 4.7%
of the total land area of Ethiopia.
Then after, about 55 wildlife Protected Areas were designated with respect to the criteria of the
IUCN management categories, comprising of national parks (22), sanctuaries (2), wildlife
reserves (6), controlled hunting areas (18), biosphere reserves (4) and Community
Conservation Areas (3). According the existing wildlife act, regulation and policy, inside the
national parks and wildlife sanctuaries, human activities including hunting, cultivating,
grazing, settling in, burning vegetation, deforestation or exploiting other natural resources is
strictly prohibited. Inside the rest of the Protected Areas, access to natural resources use may
be allowed under regulatory procedures on sustainable basis. In total, the current size of
Protected Areas System represents about 6.7% of the total land mass of the country. All of the
ten major ecosystems of the country have been represented in these Protected Areas Network,
providing environmental goods and services for the citizens, and even including the population
beyond the political boundary. These Protected Areas are managed by Governments (Federal
and Regional), communities and hunting companies, including co-management partnerships
with NGOs, following the principles of participatory approaches. In general, the current
wildlife policy and strategies of Ethiopia allow both modes of wildlife resource uses:
consumptive and non-consumptive utilizations pertaining to the stipulation of the existing rule
and regulation.
Ethiopian Wildlife Conservation Authority (EWCA) is a governmental organization under the
Environment, Forest and Climate Change Commission given the authority to undertake
conservation and sustainable utilization of wildlife in Ethiopia. EWCA works closely with
national and International stakeholders on wildlife conservation with a mission scientifically
47
to conserve and manage Ethiopian wildlife and their habitats for the ecological, economical
and social benefits of the present generation, and to pass for the next generation as a heritage.
3.2.1 Ownership and management of Ethiopian wildlife and Protected Areas
The fortress conservation approach, which excluded rural communities from a role in
conserving their natural resources, is gradually making way for a new conservation approach
known as community-based conservation (CBC) (Western & Wright, 1994). CBC places local
communities at the center of conservation initiatives by empowering them to manage their
natural resources and derive direct benefits from them. However, even though the concept of
CBC was introduced at the end of the 1980s, local people in Africa are still not fully involved
in land management and planning. This may be because the primary goal of most CBC projects
is to generate and distribute profits from tourism and game hunting to local communities, rather
than to facilitate the ownership of local property and natural resources by the community. In
this context, the use of development as a conservation tool, sometimes labeled “neoliberal
conservation,” considers economic growth and environmental protection to be mutually
compatible. The neoliberal conservation approach takes into account the fact that “ecological
services” can have true economic value, an aspect frequently neglected by previous
approaches. As stated by Costanza et al. (1997), “because ecosystem services are not fully
‘captured’ in commercial markets or adequately qualified in terms comparable with economic
services and manufactured capital, they are often given too little weight in policy decisions.”
Neoliberal conservation approaches, seeking to promote more profitable commodification of
natural resources, tend to involve enclosing land as a means of protecting the natural
environment.
In Africa, this approach has led to a rapid increase in conservation practices. For example, in
Eastern and Southern Africa, privately owned lands play a particularly important role in
conserving critical biodiversity. The establishment of trans-boundary PAs in these regions, in
accordance with agreements with neighbouring countries, represents an important development
in PA governance in Africa, with PAs now occupying 15.9% of the total land area in eastern
and southern Africa (Newmark, 2008). In accordance with neoliberal principles, this expansion
of the geographic area of PAs is expected to increase the size of the potential tourism market.
Büscher et al. (2012) commented, “neoliberal conservation shifts the focus from how nature is
used in through the expansion of capitalism, to how nature is conserved in through the
expansion of capitalism.” New types of management, including some involving the private
sector, and co-management initiatives such as NGO/private sector, state/private sector, and
48
state/NGO initiatives, emerged through the 1980s and 1990s and have formed networks that
promote programs focused on development-oriented conservation.
Neoliberal approaches can influence positive conservation outcomes because PAs are less
economically exploitable, although limited concerns related to tourism do exist. Only highly
market-oriented interventions have caused problems, such as animal abuse, as used to be seen
“canned hunting” (hunting wild animals in a confined area, from which they cannot escape) in
South Africa. Conversely, neoliberal conservation is sometimes criticized in terms of local
participation. This approach is, in theory, expected to promote increased democracy and
participation and to protect rural communities and business practices. However, whether
current conservation interventions actually deliver on these points remains open to question.
In Ethiopia immediately following decentralization in 1995, the federal government struggled
with chronic budget shortages and PA management problems. However, between 2004 and
2010, Ethiopia’s GDP grew by an average of 11% per year. This high economic growth may
have influenced the transition from the government’s sluggish wildlife management to a
neoliberal conservation approach. Accordingly, in 2004, the federal government placed
Ethiopia’s national parks under the management of African Parks, an NGO devoted to
international conservation that was established in 2003. African Parks has started to negotiate
with each government to manage the national parks in Zambia, Malawi and Ethiopia. At that
time, the organization manages seven parks (covering 4.1 million hectares) in six countries:
Chad, the Democratic Republic of Congo, Malawi, the Republic of Congo, Rwanda, and
Zambia. By 2020, African Parks aims to increase the number of parks it manages to 15.
According to The African Parks web site explains the incentive to manage the state-owned PAs
as follows: “In Africa, properly managed protected areas are not just important for preserving
biological diversity, they are also some of the continent’s greatest economic assets, although
there are over 1,200 formally registered national parks in Africa, many exist on paper alone.”
This is a typical neoliberal view, wherein natural resources are regarded as economic assets,
and re-orientation of the poor management of African PAs is encouraged. The involvement of
African Parks and the introduction of tourism-oriented management strategies were triggered
by issues of underfunding and limited management expertise among Ethiopian authorities at
the time.
In 2004, Nechisar National Park in Ethiopia’s southern region was the country’s first park to
be managed by African Parks. The park, whose 514 square kilometres of territory include the
Nechisar (“white grass”) Plains, was officially established in 1974 to protect Swayne’s
hartebeest and other wildlife.
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Over all in Ethiopia, throughout the country there are many designated protected areas of land
including National Parks, Wildlife Reserves, Priority Forests, Biosphere Reserves and
Community Conservation Areas. These not only act as biodiversity ‘banks’, but also provide
important spiritual places and centres for traditional ecological knowledge. These protected
areas can also have a direct socio-economic benefit; bringing in revenues from tourism and
carbon trading.
Generally, in Ethiopia laws concerning wildlife tenure (ownership and use rights and
obligations, links with land and forest tenure). Public participation to some extent is also
encouraged in wildlife decision-making and planning, and community-based wildlife
management. Currently, in Ethiopia PAs that are used as habitat for wildlife are owned and
managed by the federal and regional states. Communities are also involved in managing
wildlife in community conservation areas. For example, Guassa-Menz Community
Conservation Area (GCCA) in Amhara Regional State.
3.3 Ecotourism in Ethiopia
Tourism in Ethiopia dates back to the pre-Axumite period when the first illustrated travel
guides to Ethiopia can be found in the friezes of the pyramids and ancient sites of Egypt. These
depicted travels to the land of Punt, which the Egyptians knew was the source of the Nile, and
where they traded for gold, incense, ivory and slaves. The fourth century Persian historian Mani
described the Kingdom of Axum as being one of the four great empires of the world, ranking
it alongside China, Persia and Rome (World Bank, 2006).
Modern tourism in Ethiopia can be said to have started with the formation of a government
body the Ethiopian Tourist Organization (ETO) in 1961 to develop and control tourism in
Ethiopia. Due to its ancient history, remnants of past civilizations, diverse cultures and natural
beauty, Ethiopia has the potential to be a tourist destination. However, limitations on tourist
site development and service deliveries, poor infrastructure, and weak promotion and
marketing are hindering the prospects of making Ethiopia a world-renowned tourist
destination.
According to the International Ecotourism Society ecotourism is defined as “a responsible
travel to natural areas that conserves the environment and improves the well-being/welfare of
local people.” Wildlife tourism as a part of ecotourism is recognized in many African
countries, including Ethiopia: Safari tourism, ecotourism and recreational tourism. The Safari
tourism is the most common excursion of national parks; it includes to a large public that is
interested in viewing large mammals and colorful birds in a wild with exotic landscape and a
range of nature tourism products. Many of these wildlife visitors will also be interested for
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integrated cultural and natural heritages. The ecotourism includes journeys for bird viewing,
sport fishermen, speleologists (those who enjoy exploring caves and their wildlife), botanists
and other ecologists, who interested on wildlife perspectives. Recreational tourism is
residents and citizens who pursue the joys of the countryside at special occasions.
Ecotourism is still in its infancy in Ethiopia, but it holds significant potential for growth
because Ethiopia possesses numerous tourist attractions varied in type and appealing to a wide
range of interest. The attractions include historical, cultural, archaeological, anthropological,
scenic, climatic, therapeutic, flora and fauna resources. Such a unique combination of
attractions within a single country has no match on the African continent, or rarely anywhere
else. Thirteen tangible and non-tangible heritages of Ethiopia have been registered as world
heritage sites by United Nations Education, Science and Culture Organization (UNESCO),
namely Simien Mountain National Park (1978), Rock-hewn Churches of Lalibela (1978),
Fassil Ghebbi or Gondar's castles (1979), Lower Valley of the Omo (1980), Axum’s obelisks
(1980), Tiya’s carved standing stones (1980), Lower valley of the Awash or Hadar (where the
skeleton of Lucy was discovered) (1980) and the fortified walled Historical town of Harar’s
Jugol in (2006), the cultural landscape of Konso, and recently the intangible heritages such as
the Oromo Gada system, Fiche Chembelala of Sidama New Year festival in south Ethiopia,
Meskel festival (the finding of the true cross) and the Ethiopian Epiphany (2019) have been
included as a world heritage by UNESCO.
However, the ecotourism or wildlife tourism of Ethiopia solely dependent on protected areas,
primarily national parks and sanctuaries of the country. During the 1970s, trophy hunting
mostly on the Mountain Nyala (Tragelaphus buxtoni) was conducted on a large scale in
Ethiopia, though since then, increasing human populations, political instability and
encroachment on wildlife habitat have resulted in a 95% decrease in the area used for trophy
hunting. Later, the government understood the importance of wildlife resources (primarily
large animals and scenic places) for ecotourism development due to revenue or income they
generated from foreign and domestic tourists. Therefore, the government formulated a tourism
and wildlife conservation, development and protection policy and strategy in harmony with the
country’s goal, and the existing international natural resources development and protection
principles. Besides, with the intention to halt the decline of wild animal populations and enable
the country to realize the maximum benefit from the sub-sector (in the form of tourism, live
animals and products trade and hunting).
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3.4 National Wildlife and Ecotourism policies of Ethiopia
National Parks management for long period of time in Ethiopia was typically state centered,
top-down, exclusionary and coercive against local people which relies on “fences and fines”
and considered local people as hostile to park resources. Locals living adjacent to protected
areas were forced to displace without their consent which resulted human-wildlife conflict,
deforestation, poaching, loss of biodiversity, degradation and mass destruction of National
parks. Therefore, to mitigate these and other man-made and natural problems and to develop
conserve and utilise the natural resources of the country the Federal Democratic Republic of
Ethiopian issued:
1. Wildlife policy and strategy..\Ethiopian Wildlife conservation Authority
Policy and strategy.pdf
2. Tourism and Development policy \Tourism-development-policy.pdf
Other related policies such as:
• Forest Development, Conservation and Utilization Policy and Strategy
Forest Dev. Conservation & Utilization policy & strategy.pdf
• Environmental policy Environmental policy of Ethiopia.pdf
• National Biodiversity Strategy and Action plan Ethiopia's National
Biodiversity strategy & action plan.pdf
• the Agriculture and Rural development policy and strategy.
52
Accordingly, it has become essential to produce viable policies and strategies to protect and
develop properly the country’s wildlife resources, conserve the endemic wildlife and the
natural resources for prosperity, support the country’s economy through the revenue generated
from wildlife resource development, avert the looming danger on the nation’s wildlife
resources, establish a participatory and sustainable wildlife development and put into effect the
international wildlife conventions and agreements.
The policy and strategy has five major sections dealing with wildlife development and
protection, utilisation of wildlife resources, participation of the community and investors in the
sector, conservation education and information network.
II. Objective of the policy
The major objective of the policy is to create a conducive environment whereby the country’s
wildlife and their habitats are protected and developed in a sustainable manner, and to enable
the sector to play an important role in the economic development of the country.
The Specific Objectives of the Policy are
1. Properly developing and administering the country’s wildlife resources, and enabling
the sector to contribute fully to the nation building process;
2. Protecting the wildlife resources and their habitats, maintaining the balance of nature
for posterity in accordance with international which the wildlife conventions and
agreements to the country is a signatory.
III. Major sections of the Policy and strategy
1. Wildlife resources development and protection
1.1.Administering wildlife protected areas
1.2.Conserving endemic and threatened wildlife
1.3.Protecting wildlife from disease
1.4.Promoting wildlife health service
1.5.Controlling traffic in wildlife and wildlife products
1.6.Controlling problem animals
2. Wildlife resource Utilisation
2.1. Identifying the benefits of wildlife
2.2. Promoting ecotourism
2.3.Promoting the market for wildlife and wildlife products
2.4.Utilisation of resource generated from wildlife resources
3. Investors participation
3.1.Encouraging investors to participate in conservation of wildlife
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4. Conducting wildlife research, education and training
4.1.Strengthening research on wildlife
4.2. Education and Training
5. Information on wildlife resource
5.1.Creating an information network on wildlife and protected areas
IV. Policy implementation
• Regional states can prepare their own wildlife policies and strategies using this policy
and strategy as a basis.
• Ministry will put in place the necessary infrastructure to ensure implementation of this
wildlife conservation policy and strategy, further, it will formulate programs and
projects, issue proclamations, rules and regulations and ensure their implementation.
• This wildlife conservation policy and strategy can be amended whenever necessary.
The full policy document: Ethiopian Wildlife conservation Authority Policy and strategy.pdf
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become necessary to issue such an enabling policy and strategy. This policy gives due attention
to:
• guiding the sector in a broad based development framework,
• developing the existing and new tourism attractions and products,
• expanding the infrastructure and tourist services that are vital for the growth of the
sector,
• ensuring that the country benefits from the sector by being sufficiently competitive in
the international tourism market, and
• solving the serious limitations in capacity which are apparent in the industry.
II. Main sections of the policy
The policy has been structured under five sections:
Section One: A Review of the Prevailing Situation of the Tourism Industry,
Section Two: The Need for an Ethiopian Tourism Development Policy,
Section Three: Main Policy Issues and Strategies,
Section Four: Roles and Responsibilities of Those Taking Part in Implementing the Policy, and
Section Five: Sources of Finance for the Implementation of the Policy.
III. Vision of Tourism Development
To see Ethiopia’s tourism development led responsibly and sustainably and contributing its
share to the development of the country by aligning itself with poverty elimination.
IV. Main objectives of Tourism Development
a. To ensure concretely the country’s full benefits by sustaining competitiveness
in the international tourism market, by turning Ethiopia into a particularly
preferred destination in Africa, and by maximizing direct and indirect economic
benefits.
b. To build a tourism industry that makes important contributions in earning and
conserving foreign exchange, and integrates into the economic growth of the
country.
c. To create extensive employment opportunities for communities at tourist
destinations and to ensure community benefits through a wider distribution of
income, and to enhance community participation in decision making on
development.
d. To realize a tourism industry that builds a positive image of the country, carries
on the sector's development in a responsible and sustainable manner, with the
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capability of growing without disrupting peoples' culture and life styles and the
natural environment.
e. To build an industry that can lengthen the tourist’s stay by solving observed
limitations in service in the sector and provide for the progressive growth of
capacity in tourist facilities deployed in the field.
The link for the full document of Tourism Development policy or www.moct.gov.et
3.5. Policy and law enforcement mechanisms
Enforcement is the process of ensuring compliance with laws, policies, regulations, rules,
standards, and social norms. It refers the range of measures taken by competent authorities to
ensure that actors failing to comply with policy and laws or regulations are brought back into
compliance through supportive or punitive measures. Governments attempt to effectuate
successful implementation of policies by enforcing laws and regulations. Enactment refers to
application of a law or regulation, or carrying out of an executive or judicial order.
Enforcement serves for a number of functions;
• the enforcement of social norms can ensure conformity within insular communities,
• the enforcements of laws can maximize social benefits and protect the public interest
• enforcement may also serve the self-interest of the institutions that oversee
enforcement.
Enforcement can be effectuated by both public institutions and private, non-governmental
actors or it is often accomplished through coercive means or by utilizing power disparities to
constrain action. Institutions enforce rules when deciding "when and how to apply" laws and
regulations.
Some governments will delegate enforcement powers to subordinate governmental entities or
private parties. In the United States, for example, the federal government and state governments
often delegate a range of enforcement powers to administrative agencies. Then, governments
should oversee and supervise institutions to which enforcement powers have been delegated.
Law enforcement is any system by which some members of government act in an organized
manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who
violate the rules and norms governing that society. Although the term encompasses police,
courts and corrections, it is most frequently applied to those who directly engage in patrols or
surveillance to dissuade and discover criminal activity, and those who investigate crimes and
apprehend offenders, a task typically carried out by the police, or another law enforcement
organization. Although law enforcement may be most concerned with the prevention and
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punishment of crimes, organizations exist to discourage a wide variety of non-criminal
violations of rules and norms, effected through the imposition of less severe consequences.
In order to be effective, the policies, laws and rules devised under legal frameworks for wildlife
conservation and ecotourism management must be fully implemented (i.e. put into practice)
and be capable to be enforced (i.e. where the rules are not followed, they can be required to be
followed through enforcement mechanisms).
Policy or law implementation encompasses the activities of various governmental and non-
governmental actors and institutions to put the requirements of laws and policies into practice.
Such activities might include, the enactment of executive regulations and guidelines;
establishing institutions, designating their responsibilities and coordinating their activities with
remits to oversee implementation. To enable effective implementation, the laws and regulations
need to be clearly stated (i.e. capable of being identified and evaluated as having been
implemented, or not); feasible technically, economically and socially (i.e. fit-for-purpose at the
level they are required to be implemented); and provide for appropriate sanctions in case of
violations.
The implementation of international obligations arising from bilateral and multilateral
agreements related to wildlife conservation and ecotourism management, usually applied
across states that are legally bound by these agreements to take all measures to ensure that these
obligations are covered under their national legislation. Such measures might include for
instance the enactment of implementing laws and regulations; developing relevant programmes
and initiatives, establishing new institutions or revising the responsibilities of existing
institutions; and strengthening capacity in terms of finance, scientific and technological
expertise. However, since perfect implementation is rare, corrective measures are often needed
to ensure ongoing sound wildlife resource and ecotourism management; these can be achieved
through enforcement measures.
The need for a monitoring compliance mechanism to provide the necessary scientific
foundation for regulation is important and this takes different forms at international and
national levels. At the international level, generally signatory governments or a treaty-regime
deals with monitoring compliance. At the national level, a series of laws and bylaws or
regulations set forth the rule-enforcement mechanisms.
Evaluation seeks to measure how well a specific policy or law has helped a society to move
towards the policy or legislative goals. In order to evaluate policy and law mostly two types of
evaluations are implemented:
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Process evaluation, includes the evaluation of activities and programmatic experiences and
that of immediate programme effects.
Outcome evaluation refers to long-term evaluation of outcomes using essential indicators,
recommended indicators and optional indicators. Indicators of success or failure for evaluation
purposes include mortality rates, proper implementation or absence of enacted policies, laws,
regulations and standards. The success of control legislation will also depend on both short
term and long-term evaluations.
At national level, evaluating compliance usually occurs through a reporting requirement. This
provides the basis for enforcement actions by identifying and documenting non-compliance
and includes measures such as reporting, inspections, self-monitoring by regulated entities,
monitoring, sampling, and reviewing citizen complaints.
At an international level, inter-governmental commissions or non-governmental organisations
working on wildlife and ecotourism are entrusted to monitor through periodic inspections to
check if governments acted according to Convention or Cooperation for the Protection and
Sustainable use of the wildlife and ecotourism resources. If they failed to do accordingly,
sanctions are used as a credible threat to compel compliance and might rely on administrative,
civil, or criminal prosecution. Sanctions range from the issuance of formal administrative
orders, formal notices of non-compliance, and administrative consent orders, to fines and other
financial penalties, facility closure, and, in extreme cases, imprisonment. Individuals or
corporate bodies or government may be required to compensate for the damages they caused
under fault-based or strict liability legal regimes.
The role of the judiciary is also essential in this respect for interpreting laws, enforcing rights
and providing a forum for conflict resolution. Thus, the preventive and corrective measures of
implementation and enforcement lay a sound foundation for conflict prevention and dispute
resolution.
3.6. Major issues and constraints
There is a wide variety of interests to be balanced in wildlife and ecotourism management.
These interests range from the conservation of biodiversity i.e. the conservation of specific
endangered species and their habitats, to valuable opportunities in ecotourism or hunting
tourism, to full fill the needs and traditions of the local population relating to hunting and
collection of animals or their product for cultural/religious practices. Although revenues from
the wildlife sector may be considered irrelevant as a contribution to the national gross domestic
product, wildlife’s influence on local economies can be significant. Some rural communities
see wildlife as a source of food. Some see wildlife habitat as potential timber or farmland. And
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some see wildlife hunting or ecotourism as a source of cash. Therefore, good policy and laws
can provide a framework for good wildlife and ecotourism management. An appropriate legal
framework can conserve wildlife promoting ecotourism while reducing poverty and increasing
food security. However, enacting effective legal reforms remains challenging. Enacting legal
tools that allow disadvantaged people to directly benefit from wildlife and ecotourism
management, thereby improving food security, alleviating poverty, enhancing rural livelihoods
and ultimately contributing to the legal empowerment of the poor. It is also important issue to
consider the strengths and weaknesses of current legal frameworks in promoting environmental
sustainability and socio-economic development. Generally, people-centred approach to
wildlife and ecotourism management – meaning, the participation of concerned individuals in
wildlife and ecotourism related decision-making, the involvement of indigenous and local
communities in wildlife and ecotourism management and the sharing of its benefits should
have to be taken as a major issue.
Despite the protection guaranteed to PA in the most recent Wildlife Proclamation, Ethiopia’s
protected areas are increasingly degraded. Land is being converted for subsistence and
commercial agriculture, timber used for fuel wood and construction, protected grasslands used
for livestock grazing. The loss of forests and other protected land is underpinned by a growing
population, unsustainable natural resource management, poor enforcement of existing
legislation, uncertain land tenure and very low public awareness of the impact of climate
change and the importance of biodiversity and ecosystems are challenging constraints that
hamper conservation of wildlife and their habitats.
3.7. Conflicts and their management
Many protected areas (PAs) in Africa have been the cause of conflict, particularly because the
establishment of many PAs during the colonial era required forcible eviction of local
communities. Colonial rulers and certain local elites had initially earmarked such areas for their
own personal game hunting and excluded the local communities who had previously inhabited
and depended upon the land for their livelihoods. As the importance of wildlife protection for
environmental conservation and source of ecotourism is increasingly recognized, many have
come to see the exclusion of local people in this context as justified. This approach, called
“fortress conservation,” dominates the conceptualization and implementation of current
conservation interventions. As a result, two situations of conflict have emerged. First, the
practice of creating and maintaining PAs has caused severe clashes between park authorities
and local communities. Second, the expansion of farmland into wilderness areas has resulted
in competition for space and resources between humans and wildlife. These conflicts not only
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affect the disputing parties at the micro level but also have repercussions for a variety of
external factors that drive changes in national conservation policies, organizational structures,
and international environmental demands, and they can lead to further conflict and issues with
resource allocation.
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Chapter 4: Conventions, policies and laws
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g. direct assistance to conservation initiatives through treaties’ funding
mechanisms; and
h. many instances in which harmful developments were blocked or particular
conservation actions taken when governments were confronted with their
international obligations in national or international court proceedings or
through compliance mechanisms.
Overview of selected international legal instruments for wildlife conservation.
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Treaty between Mozambique, South Africa and Zimbabwe on the Establishment of 2002 2004 3
the Great Limpopo Transfrontier Park
Treaty between Angola, Botswana, Namibia, Zambia and Zimbabwe on the 2011 2012 5
Establishment of the Kavango Zambezi Transfrontier Conservation Area
Bilateral instruments
Mexico-United States Convention for the Protection of Migratory Birds and Game 1936 1937 2
Mammals
* Ethiopia didn’t sign Ramsar convention. The table lists the most prominent global instruments and a wide selection
of regional and species-specific instruments, as well as illustrative examples of site-specific and bilateral
instruments. All listed instruments are legally binding except the MoUs and SSIs.
Source: Data on participation were taken from treaties’ websites, Ecolex (www.ecolex.org) and the University of
Oregon’s International Environmental Agreements Database (http://iea.uoregon.edu).
Abbreviations: NA, not applicable; NIF, not in force; MoU, Memorandum of Understanding; MS, member states;
P, parties; R, ratifications; RS, range states; S, signatories; SSI, Special Species Initiative. CMS, Convention on
Migratory species, CITES convention on international trade on Endangered species
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approaches in turn, protecting wildlife through environmental impact assessments and
stakeholder participation in conservation – focusing specifically on participatory approaches
to decision-making and community-based wildlife conservation initiatives. It has to also
addresses questions related to human-wildlife conflicts.
National wildlife policies and laws should have to devote to sustainable wildlife resource use,
exploring different legal options for different uses (namely, hunting, eco-tourism, trade,
ranching and breeding). They have to pay specific attention to the empowerment of the poor in
relation to wildlife use, by analysing the regulation of traditional use, as well as legal tools for
benefit-sharing, community-based wildlife use and communities' participation in wildlife
management by the private sector.
Finally, attention should have to be given for legal tools that facilitate implementation and
enforcement of the national policy and low, addressing specifically incentives, financial
resources, enforcement powers and monitoring through the lenses of public participation,
international obligations and standards. Generally, national policy makers and law drafters
should have to have knowledge and understanding on the most significant recommendations
for national decision-makers and legal drafters aiming to strengthen wildlife management legal
frameworks to empower the poor and ensure environmental sustainability.
SUMMARY ON ELEMENTS OF NATIONAL WILDLIFE LEGISLATION
1. METHODOLOGICAL ISSUES
1.1.Developing a wildlife policy or strategy
1.2.Drafting clear and understandable legislation
1.3.Adopting an integrated approach
1.4.Avoiding legislative overreaching
2. INSTITUTIONS AND PUBLIC PARTICIPATION
2.1.Ensuring clarity in the institutional set-up
2.2.Ensuring inter-institutional coordination
2.3.Guaranteeing public participation in wildlife-related decision-making
2.4.Public access to wildlife-related information
2.5.Public access to wildlife-related justice
2.6.Clarifying wildlife tenure and its legal consequences
2.7.Ensuring gender equity
2.8.Food security
3. MANAGEMENT PLANNING
3.1.Establishing a system for information-gathering and monitoring
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3.1.1. Inter-disciplinary and participatory approach
3.2.Requiring management planning as a prerequisite to formal management
3.2.1. Coordination among multiple planning exercises
3.2.2. Public participation in management planning
3.3. Sharing management planning responsibilities between central and local authorities
and with local communities
3.4. Providing for international cooperation where multinational decision-making and
coordination are needed
4. CONSERVATION
4.1.Using a species-based approach in a participatory way
4.2.Using an area-based approach in a participatory way
4.3.Involving local stakeholders in wildlife conservation
4.4.Protecting wildlife from harmful processes and land uses
4.5.Wildlife health
4.6.Human-wildlife conflicts
5. SUSTAINABLE USE
5.1.Defining and regulating different types of wildlife use
5.2. Eco-tourism
5.3.Ranching and breeding
5.4.Wildlife trade
5.5.Hunting
5.5.1. Accurately identifying game and non-game species
5.5.2. Providing for an adaptive, science-based determination of hunting quotas
5.5.3. Establishing procedural mechanisms for flexible and adaptive hunting seasons
5.5.4. Clearly defining hunting areas
5.5.5. Regulating hunting methods
5.5.6. Ensuring a transparent and effective allocation of hunting rights
5.5.7. Traditional hunting
5.5.8. Regulating hunting tourism
5.6. Sharing of benefits
5.7.Community-based sustainable use of wildlife
5.8.Ensuring sustainable management of wildlife by the private sector
6. IMPLEMENTATION AND LAW ENFORCEMENT
6.1.Providing incentives for complying with the law
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6.2.Returning financial resources to improved wildlife management
6.3.Striking a balance between service provision and law enforcement mechanisms
6.4. Monitoring harvests and trade
4.3. Wildlife administration and National laws of Ethiopia
Wildlife administration/management is the process of keeping wildlife populations, including
endangered species, at desirable levels using scientific, technical and traditional knowledge.
Sustainable wildlife management adds the aim of balancing the economic, ecological and social
values of wildlife, to protect the interests of present and future generations. Thus, this concept
looks beyond hunting and protection of individual species and focuses holistically on wildlife
as a renewable resource.
Law is a key tool to achieve sustainable wildlife management. It sets the parameters for
protection and use of wild animals.
Good wildlife law supports and is supported by good governance. Good administration of the
recognition, allocation and possible revocation of wildlife rights provides legal certainty, which
is essential to convince wildlife users and managers to operate responsibly with a long-term
perspective. Public participation in decision-making and in planning, as well as access to
justice, contribute to transparency, accountability, and balancing of the diverse interests of
society – in particular of the poor, other disadvantaged groups and indigenous communities.
Fair sharing of benefits, along with supportive business and lending frameworks, creates
incentives for wildlife management. All these – good administration, public participation and
fair benefit sharing – in turn lead to greater public respect for the law.
The following are some of the national wildlife legislations currently working in Ethiopia.
Proclamation No. 541/2007- A Proclamation to provide for development, conservation and
utilisation of wildlife Proc. No 541-2007.pdf
Proclamation No. 575/2008- Ethiopian Wildlife Development and Conservation Authority
Establishment Proclamation proc-575-2008.pdf
Regulation No. 163/2008- Wildlife Development, Conservation and Utilization Regulations
Regulation163_2008.pdf
4.4. Issues and Implementation problems or Limitations
Law is but one of many tools that can be used to achieve conservation objectives, and the
formal institutions of law operate within a broader context that includes informal institutions
(Ostrom 1999). International law occupies an even smaller place within the conservation
toolbox. Some of its limitations stem from the basic premises of public international law,
whereby sovereign states conclude agreements on a voluntary basis in an international legal
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order that lacks the centralized legislative, executive, and judicial powers typical of domestic
legal orders. In this setting, broadly proclaimed intentions to halt and reverse biodiversity loss
have hitherto proven impossible to achieve in practice. Compliance is generally imperfect, with
implementation and enforcement failures affecting even the most sophisticated legal
instruments (Bowman et al. 2010, López- Bao et al. 2015, Wandesforde-Smith 2016, Chapron
et al. 2017). Ideological differences between treaty parties pose another challenge, clearly
evident in the recurrent debate within CITES over the relative weight to be given to strict
protection versus sustainable use of rhinoceroses and elephants (Couzens2014, Wandesforde-
Smith 2016).
To be effective, international legal instruments must include clear and adequate
commitments, attract sufficient parties, and ensure a sufficient degree of compliance
(Bowman 2000). Instruments vary in the degree to which they meet these criteria. Wildlife
treaty negotiations are invariably affected by the apparent tension between attracting sufficient
parties and the other two criteria, and many treaty texts reflect ensuing compromises. For
instance, although nearly all states in the world quickly ratified the CBD, most of its obligations
are, in legal terms, diminished by the qualification that they be fulfilled “as far as possible and
as appropriate.” In addition, the convention lacks effective compliance mechanisms. Several
treaties cater to country-specific exceptions by allowing reservations, a process whereby a
state, when it becomes a party or when a new obligation is adopted, limits the scope of the
treaty, for example the reservations regarding wolves (Canis lupus) filed by 14 Bern
Convention parties.
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5.References
Alemneh Amare. 2015. Wildlife Resources of Ethiopia: Opportunities, Challenges and Future
Directions: From Ecotourism Perspective: A Review Paper. Natural Resources, 6: 405-422
Arie Trouwborst et al. 2017. International Wildlife Law: Understanding and Enhancing Its Role in
Conservation. BioScience, DOI: 10.1093/biosci/bix086
Dustin Chambers and Jang-Ting Guo. 2007. Natural Resources and Economic Growth: Some
Theory and Evidence. Department of Economics and Finance, Salisbury University, Sailsbury,
USA.
Elisa Morgera. 2010. Wildlife law and the empowerment of the poor. Development Law Service FAO
Legal Office, Rome, Italy.
Federal Democratic Republic of Ethiopia. Environmental Policy, EPA, Addis Ababa, Ethiopia
Federal Democratic Republic of Ethiopia. Ethiopia’s National Biodiversity Strategy and Action plan
2015-2020, EBI, Addis Ababa, Ethiopia.
Federal Democratic Republic of Ethiopia. Ethiopian Wildlife Conservation Authority Policy and
Strategy, EWCA, Addis Ababa, Ethiopia.
Federal Democratic Republic of Ethiopia. Forest Development, Conservation and Utilization Policy
and Strategy, MoA, Addis Ababa, Ethiopia
Federal Democratic Republic of Ethiopia, Sustainable Tourism Master plan 2015 – 2025. MoCT,
Addis Ababa.
Federal Democratic Republic of Ethiopia. Tourism development Policy, MoCT, Addis Ababa,
Ethiopia
HELVETAS. 2017. Swiss Inter-Cooperation Natural resources and conflict, Zurich, Switzerland.
Kiyoung Kim. 2014. The relationship between the law and public policy: Is it a chi-square or
normative shape for the policy makers? Social Sciences, 3(4): 137-143
Kumera Wakjira, 2015. The History of Modern Wildlife Conservation in Ethiopia. Berkley BEAHRS
Environmental Leadership Program https://beahrselp.berkeley.edu
Nobuko Nishizaki. 2014. Neoliberal conservation” in Ethiopia: an analysis of current conflicts in and
around Protected Areas and their resolution. African Study Monographs, Suppl. 50: 191–205.
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6. Appendix: Summary questions and Activities for each chapters
1. What are the categorisation of natural resources based on their origin, renewability, distribution,
ownership and stage of development?
2. What is the role of natural resources for nations growth and development? Describe briefly the
difference between economic growth and Economic development and list out the characteristics of
economic growth that can spur economic development.
3. What are the causes and types of conflicts over natural resources and what could be the roles of
state and institutions to mitigate or address conflicts over natural resources?
5. Define the following terms clearly and explain their relation and disparity in legislative frame
works and support your answers briefly with examples. Constitution, policy, strategy, proclamation,
regulation, law and guideline.
6. What are the basic policy making stages? Summarise the key stages involved in developing polices.
8. What are the characteristics of good policy and the universal principles of law?
9. List at least three international wildlife and tourism conventions, agreements and laws Ethiopia
signed, agreed and endorsed.
10. What are the opportunities and limitations of international wildlife laws? And what should be the
elements of national wildlife legislation that need to be adopted from international wildlife law?
6.2. Activities
1. Review and evaluate the Ethiopian wildlife conservation Authority wildlife policy and strategy
including the executive legislative proclamation No 541/2007.During the review focus on elements of
national wildlife legislation. Then, structure and send/provide your output in not less than10 pages
document.
2. Make analysis on Ethiopian tourism and development policy. In your analysis suggest the strength
and weakness of the policy. Then, structure and send/provide your output in not less than10 pages
document.
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