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Citizen Contribution: Essa [1995] ZAConAsmRes 1602 (15 June 1995)

 

Entomological Society of Southern Africa

15 June 1995

The Entomological Society of Southern Africa has become alarmed by the recent increase in the collecting and exportation of South Africa's indigenous invertebrate fauna, particularly insects, by foreigners, as well as by the increasing threat to their habitats from human activities of various kinds. Our Society therefore appointed a committee to investigate the problem and make recommendations of how to afford our invertebrate fauna and its habitats protection from exploitation.

The core problem with the current situation in this regard is that South Africa does not presently accept a national responsibility for the conservation of its fauna and flora and their habitats. Instead, it leaves their protection to various provincial and other conservation bodies. This has led to greatly incoherent and discordant conservation policies, and invertebrates have in most cases even been specifically excluded from the few conservation ordinances currently in place. In practice, this means that invertebrate animals are afforded virtually no protection at all.

This lack of adequate protection of our invertebrate fauna is not only an environmental and conservation problem but also a scientific one, as scientifically critical specimens required by local researchers to study the indigenous fauna are being taken out of the country in increasing numbers and deposited elsewhere in the world, where we can only study them again at considerable expenses and with lengthy delays.

At a time when the quality and sustainability of our natural environment is being regarded as a fundamental right of every citizen, when it is widely recognized that it is our duty to conserve our natural resources and environment for future generations, it is imperative that we accept a national responsibility for the conservation of our indigenous fauna and flora in their full diversity.

This is so much more expedient now when South Africa is taking its rightful place in regional co-operatives like SADC and BIONET International. SADC countries such as Namibia and Zimbabwe have already had comprehensive and effective environmental laws in place for several years, inter alia to regulate the collecting and exportation of their fauna and flora, and the envisaged role of South Africa in various future BIONET projects (regionally cooperative biosystematic research on invertebrates) presupposes a scientific independence and competency that cannot be maintained if the exportation of critical specimens and data is not regulated. Internationally, too, several initiatives to conserve biodiversity globally (e.g. BIOTA, Systematics Agenda 2000) require that individual countries take charge of the conservation of their own biodiversity, and countries such as Australia and Brazil have led the way with highly effective legislation to ensure the protection of their fauna and flora.

The committee appointed by our Society last year made proposals regarding the conservation of invertebrates to the IDRC/ANC/COSATU/SACP/SANCO Mission on Environmental Policy, and we are pleased to see that the report of this Mission, as published on 15 August 1994, is largely in accord with our principal suggestions. However, even while the recommendations of this report have been accepted by the Government and the present national Department of Environmental Affairs and Tourism as the basis for a new national environmental policy, this can only function in the framework of the present and interim constitution. We are therefore eager to see that this current environmental policy will, in essence, also be adhered to in future and will function also under the new (permanent) constitution.

We are concerned that the (in our opinion essential) national character of the current environmental policy may be lost should environmental affairs in the new constitution be delegated to provincial level only, without the country accepting an overall national responsibility for the environment and its conservation. Protecting our indigenous fauna and flora again only by means of provincial legislature, without a unifying national law with international authority, will, in our opinion, render not only the protection of invertebrates ineffective but actually spells disaster for environmental conservation as a whole. In order to guarantee and guide such national law(s), we are of the opinion that the protection of our environment and biodiversity should be enshrined in the constitution of the country. All more detailed regulations regarding the conservation, collecting, exportation and other utilization of invertebrates, as of other animals and of plants, can only be properly effected if the fundamentals of the conservation of our biodiversity and our environment are endorsed in our constitution.

To this end, we propose that the new constitution:

  1. ensures that the conservation of South Africa's environment and biodiversity be accepted as a national responsibility and be ultimately regulated at national level, to which all provincial legislature in this regard shall be subject;

  1. includes in the fundamental rights of citizens the right to both a sustainable environment and one whose natural biodiversity is conserved.


We have made more specific proposals regarding the regulation of collecting and exportation of invertebrate animals to the Department of Environmental Affairs and Tourism and to the conservation authorities of the various provinces, but firmly believe that these can only be effective if the principle of the conservation of our environment and biodiversity is enshrined at the highest legislative level, namely our constitution.

We include the following documents as further substantiation of our proposal:

  1. a copy of our proposal made to the Mission on Environmental Policy last year
  2. a copy of a relevant article submitted to the South African Journal of Science to be published this month
  1. a petition detailing the environmental clauses we endorse, signed on behalf of the Entomological Society.


We trust that these proposals, coming from a learned society of scientists intimately involved with invertebrates and their conservation and to a large extent entrusted with the research required to understand our natural environment, will find due consideration by the Constitutional Assembly. If further information and deliberation about these proposals are required, please contact us at the above address.

R. G. Oberprieler
Chairman : Committee on the Conservation and Exportation of South Africa's Indigenous Insect Fauna for President : Entomological Society of Southern Africa

[editor’s note: Proposal for national legislation to control the exportation of SA’s indigenous invertebrate fauna and the article in the South African Journal of Science vol. 9 June 1995 are unscannable.]