The Constitution of Mozambique provides that no penalty shall deprive persons of any of their civil, professional or political rights, nor shall any penalty deprive a convicted person of his or her fundamental rights, except in so far as the restrictions are inherent to the conviction and are specifically necessary for the execution of the sentence.
Mozambican law has set out offences to protect habitats, to protect wildlife, to regulate hunting and to regulate trade in wildlife and wildlife product. The main laws that define wildlife offenses are the Forests and Wildlife Law, Forestry and Wildlife Regulations and the Conservation Areas Law. The Forestry and Wildlife Regulations, being a regulation, provides more details than the Forests and Wildlife Law and the Conservation Areas Law.
This publication evaluates the role of property rights in wildlife management and the laws in place for the protection of biodiversity and the rights impacting on management activities. The paper argues that private property rights and current wildlife conservation and management laws and policies in Kenya fail to provide the solution to wildlife biodiversity erosion partly because of their preoccupation with a monolithic system of property ownership favouring the state and individuals and neglecting communities and/or groups.
Penalties under the Wildlife Conservation and National Parks Act and subsidiary legislation involve a combination of fines and imprisonment. The Act also provides for administrative penalties including forfeiture, destruction of instrumentalities of crime and cancellation of permits.
Wildlife law enforcement is inherently trans-disciplinary and the enforcers need to consult and have an understanding of other related disciplines and the laws which regulate them.