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Opinion – Environmental Court: Cracking down on eco-crime

Opinion – Environmental Court: Cracking down on eco-crime

Wildlife crime remains an international conservation management issue that threatens ecotourism, ecological balance and biodiversity.

The industry of illegal hunting and trade in wildlife and wildlife products is estimated to be worth US$50-US$150 billion per annum, according to the United Nations Environment Programme, and continues to pose a threat towards globally-endangered wildlife species. The escalation of wildlife crime also threatens national and local economies, the criminal justice and security systems, and public health. 

In addition, illegal wildlife and wildlife products’ trade enhance the spread of emerging zoonotic diseases, which pose a threat to the target animals, as well as human populations and their economic activities.

Over the last decade, Namibia has recorded an increase in wildlife crime on high-value species, with pangolin topping as the most-trafficked mammal every year. 

More recently, new trends of environmental crimes related to flora have been identified. These present a unique challenge to law enforcement because these crimes are transnational and/or transboundary. 

The driving forces for these crimes are not well-comprehended either. 

As a result of this tremendous increase in wildlife crime, the big fundamental question has been how to deal with the situation better as a national approach. Many strategies have been put in place in the last 10 years to address crime against wildlife, of which the inter-agency approach has been at the centre of all strategies. 

The strategies entailed special wildlife courts, which were held  numerous times countrywide to finalise wildlife crime cases. The results of the special wildlife courts held proved that the strategy is effective, as a significant number of wildlife crime cases have been finalised within a short space of time.

These trials culminated in what we are celebrating today as a permanent Environmental Crime Court, a situation that presents swift justice to the environment. 

Kudos to the Namibian Judiciary for their commitment and partnership to have this court standing and in shape.

Africa’s first wildlife court was established in Kampala, Uganda in 2017, and convicted more than 600 wildlife traffickers, which is a remarkable success. It is envisaged that the Namibian Environmental Crime Court would have the same impact to serve as a deterrence to wildlife traffickers. The establishment of this court comes with significant benefits such as improved legal expertise, as magistrates and prosecutors develop expertise in environmental law, leading to more informed decisions and better application of the law in complex cases.

This court will also play a crucial role in supporting national and international conservation efforts, ultimately protecting biodiversity and sustaining natural resources for future generations. 

Equally, in my view, the establishment of this court fosters greater public trust in the legal system’s ability to address environmental concerns, and raises awareness about the importance of protecting the environment.

Even though the new court gives us hope, I believe there are complex challenges that must be addressed as time goes on. 

The court will face the challenge of navigating the difficult balance between promoting economic development and protecting the environment, which can create tensions in areas dependent on natural resource exploitation for livelihoods. So, balancing these interests requires nuanced and often contentious decision-making. 

Additionally, environmental matters are complex and are constantly evolving with new challenges, such as climate change, emerging diseases and shifting ecosystems. 

Thus, the court must continuously adapt.

In conclusion, this court is a landmark achievement for Namibia in our quest to scale down the illegal wildlife trade in Namibia.

*Ruben Angala is a student for a Masters degree in Natural Resource Management at the Namibia University of Science and Technology. 

He can be reached on email: rubenndatitangi@gmail.com