GREEN PAPER ON THE

           CONSERVATION AND SUSTAINABLE USE OF SOUTH AFRICA'S 

                           BIOLOGICAL DIVERSITY

                               October 1996

              Department of Environmental Affairs and Tourism

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           This document is also available in HTML format from:
     http://www.polity.org.za/govdocs/green_papers/biodiversity.html

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             Comments on this document should be addressed to:

                    The Biodiversity Editorial Committee
                        Attention: Dr Gert Willemse
              Department of Environmental Affairs and Tourism
                              Private Bag X447
                               Pretoria 0001

                            Tel: (012) 310 3836
                            Fax: (012) 322 6287
                      E-mail: nat_gw@ozone.pwv.gov.za

             THE CLOSING DATE FOR COMMENTS IS 13 DECEMBER 1996

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                             Table of Contents

FOREWORD by Pallo Jordan

FOREWORD by Peter Mokaba

STEPS IN THE POLICY FORMULATION PROCESS

WHAT IS BIODIVERSITY?

CHAPTER 1. INTRODUCTION

     1.1. International Policy Context
     1.2. South Africa's Biodiversity: A Living Heritage
     1.3. The History of Biodiversity Conservation in South Africa
     1.4. The Scope of Biodiversity Policy in South Africa
     1.5. Major Concerns Expressed
     1.6. Reader's Guide to the Policy

CHAPTER 2. THE VISION, MISSION AND PRINCIPLES GUIDING A BIODIVERSITY POLICY
AND STRATEGY FOR SOUTH AFRICA

     2.1. A Vision for South Africa
     2.2. The Mission of Government
     2.3. Guiding Principles

CHAPTER 3. A BIODIVERSITY POLICY AND STRATEGY FOR SOUTH AFRICA

     GOAL 1: CONSERVE THE DIVERSITY OF LANDSCAPES, ECOSYSTEMS, HABITATS,
     POPULATIONS, SPECIES, AND GENES IN SOUTH AFRICA

          1.1. IDENTIFICATION
          1.2. WILDLIFE CONSERVATION
          1.3. PROTECTED AREAS
          1.4. SUSTAINABLE DEVELOPMENT ADJACENT TO PROTECTED AREAS
          1.5. REHABILITATION
          1.6. HARMFUL ALIEN ORGANISMS AND GENETICALLY MODIFIED ORGANISMS
          1.7. EX-SITU CONSERVATION

     GOAL 2: USE BIOLOGICAL RESOURCES SUSTAINABLY AND MINIMISE ADVERSE
     IMPACTS ON BIOLOGICAL DIVERSITY

          2.1. SECTORAL AND CROSS-SECTORAL APPROACHES
          2.2. USING BIOLOGICAL RESOURCES SUSTAINABLY AND AVOIDING OR
          MINIMISING ADVERSE IMPACTS ON BIOLOGICAL DIVERSITY
          2.3. LAND-USE PLANNING AND ENVIRONMENTAL ASSESSMENT
          2.4. ADOPTING SUSTAINABLE LIFESTYLES

     GOAL 3: ENSURE THAT BENEFITS DERIVED FROM THE USE AND DEVELOPMENT OF
     SOUTH AFRICA'S GENETIC RESOURCES SERVE NATIONAL INTERESTS

          3.1 ACCESS TO GENETIC RESOURCES

     GOAL 4: EXPAND THE HUMAN CAPACITY TO CONSERVE BIODIVERSITY, TO MANAGE
     ITS USE, AND TO ADDRESS FACTORS THREATENING IT

          4.1. PUBLIC EDUCATION AND AWARENESS
          4.2. IMPROVING UNDERSTANDING ABOUT BIODIVERSITY
          4.3. DEVELOPING MANAGEMENT CAPACITY

     GOAL 5: CREATE CONDITIONS AND INCENTIVES THAT SUPPORT THE CONSERVATION
     AND SUSTAINABLE USE OF BIODIVERSITY

          5.1. BENEFICIATING BIODIVERSITY
          5.2. INCENTIVES

     GOAL 6. PROMOTE THE CONSERVATION AND SUSTAINABLE USE OF BIODIVERSITY
     AT THE INTERNATIONAL LEVEL

CHAPTER 4. IMPLEMENTING THE POLICY

     4.1. Introduction
     4.2. Roles of the Key Players
     4.3. Institutional Changes Required
     4.4. Priority actions

APPENDICES

     Appendix 1. Reader's Guide to Terms Used in this Document
     Appendix 2. The Convention on Biological Diversity

TABLES

     Table I. Species Richness of South African Taxa
     Table II. Schedule Classification of Terrestrial and Marine Protected
     Areas
     Table III. The Management of Protected Areas in South Africa
     Table IV. Conservation of South African Biomes
     Table V. The Species Richness of South Africa's Terrestrial Areas
     Table VI. Impacts of Sectoral Activities on Biological Diversity in
     South Africa

FIGURES

     Figure 1. Structure of the Biodiversity Policy and Strategy

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                                  FOREWORD

by Dr Z. Pallo Jordan
Minister of Environmental Affairs and Tourism

Biodiversity is not merely about saving threatened species and creating
protected areas. It is about life, the air we breathe, the food we eat, the
water we drink, and the planet we share with our fellow inhabitants.
Biodiversity is the very fabric of our existence.

This Green Paper represents the phenomenal achievements we have made as a
country. It is a victory for all those who have held on to their respect
for the earth and their sometimes faltering belief in the goodness of
humankind, in the face of trying and soul-destroying conditions. We have
managed to let reason prevail and reason dictates that all people are
equal, all forms of life deserve respect, and the earth is our provider and
protector.

Even though we are only slowly waking up to the realities of the global
environmental disasters caused by humankind, there is a growing world-wide
commitment to taking urgent steps to address our environmental problems, to
create a better life for all, and to preserve our natural heritage for
future generations. The 1992 United Nations Convention on Biological
Diversity reflects the global concern at the rate at which biodiversity is
being lost, and represents the commitment to urgent action to address this
threatening global crisis. South Africa has ratified this Convention and
has shown innovation in its commitment to fulfilling the obligations of the
agreement. We can be proud of the fact that we have made substantial
progress in this regard. Considering the fact that we have only recently
shed our pariah status and emerged as a young democracy into the
international community, we can be especially proud.

Apartheid has left our country with many horrors that did not disappear
with the dawn of our fledgling democracy. We are faced with enormous
social, political, economic and environmental problems. Integral to this
situation has been a narrowly-focussed attitude towards the environment,
which regarded nature conservation as something separate from people, and
failed to consider human living environments as a vital component of the
broader environment. A paternalistic and technocratic approach to managing
the environment alienated communities from natural resources, and apartheid
planning resulted in wide-spread poverty and environmental degradation.
Rural women were often and still are the worst affected by this situation.
We are now faced with the challenge of transformation, to mend our social
fabric by meeting the basic needs of people who still suffer under
conditions of poverty, through the sustainable reconstruction and
development of South Africa.

An informed policy on biodiversity is critical to processes of
reconstruction and development. We are dependent on our biological
resources for every facet of life. Meeting basic needs is dependent on the
sustainable use of our biodiversity. We have to ensure that present
requirements for food, water, housing, energy and other basic needs are met
in a manner which provides for the needs of future generations. Programmes
that we implement to restore and develop our biodiversity can contribute to
strengthening our economy, while increasing our biological wealth.

There are many economic benefits to be derived from, not just caring for
our biodiversity, but investing in it as well. Jobs can be created in
programmes aimed at reviving over-used land and restoring degraded
resources. The knowledge and skills of local people can, and must, be drawn
into programmes to conserve, manage and monitor biodiversity. It is a known
fact that many tourists come to South Africa primarily to visit our
protected areas and to see our spectacular wildlife. By investing in the
conservation and development of our biological resources we will be able to
develop our tourism industry and enhance our capacity to tap into many
export markets we have not yet exploited. As a country which ranks as the
third richest in the world in terms of its biodiversity, there are many
opportunities here.

At the same time, we need to ensure that mechanisms are put in place to
manage access to our biological resources and to prevent wide-scale abuse.
Biodiversity prospecting has led to situations where South African genetic
resources and traditional knowledge are exploited by other countries, with
little or no benefit to our economy or to the people from whom this
knowledge is gleaned. The Convention on Biological Diversity has recognised
national sovereignty of biological resources. It is now up to us to ensure
that necessary conditions are created which allow for equitable
benefit-sharing arrangements to be developed.

The formulation of this Green Paper is also reflective of an important
mind-shift we have made as a country. We have learnt that people's
participation is a prerequisite for any policy to be sustainable and
representative. The development of this Green Paper has taken place in the
context of a broader consultative process, the Consultative National
Environmental Policy Process (CONNEPP), to develop environmental policy in
a participatory way. There has also been a separate consultative process,
specifically to formulate a national biodiversity policy and strategy for
South Africa. As part of this process, a discussion document was circulated
to many organisations and individuals and a national conference was held in
May 1996. This document is the product of feedback from at the conference
as well as numerous written submissions received. This Green Paper will
again be distributed widely for comment. Democratic consultation costs time
and money, but this is a small price to pay for the collective wealth of
individual knowledge and wisdom that is contained in this document.

Special thanks are due to the Danish Cooperation for Environment and
Development (DANCED) who have funded both the consultation process leading
up the production of this document, as well as the development of the
policy. They have shown, and continue to show, a sincere commitment to the
conservation and sustainable use of South Africa's biodiversity.

I would also like to thank the Land and Agriculture Policy Centre who, in
collaboration with my Department, have played an invaluable role in
managing the process. Senator Stephanus Grové has skilfully chaired the
Steering Committee and Reference Group, and for this he is warmly thanked.
Members of the Reference Group are also thanked for their active
participation in the policy process, and for the guidance they have given.
Greyling Liaison has provided a Secretariat for the process and logistical
support, for which they are gratefully acknowledged.

The Editorial Committee has spent many long hours considering submissions
and ensuring that the resulting policy is in keeping with the needs and
concerns expressed. In particular, thanks are due to Rachel Wynberg, for
drafting the policy documents, and to Herman Grové, Gert Willemse, Saliem
Fakir, and Christian Prip, for providing ongoing guidance and support.

Most of all, I would like to thank all those who have participated in
developing this policy, through their participation at the Conference,
through the submissions they have forwarded, and through the active debate
they have stimulated in the country. From a topic on which public debate
has thus far been "expert" dominated, we have moved considerably towards a
policy discussion which embraces biodiversity as an asset to be conserved
and sustainably used by all South Africans, and for all South Africans.

[Signature]

Dr Z Pallo Jordan
Minister

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                                  FOREWORD

by P. Mokaba
Deputy Minister of Environmental Affairs and Tourism

It gives me great pleasure to introduce this Green Paper on Biodiversity,
which has been developed over many months of consultation with different
roleplayers.

The policy approaches you will read in this document break significantly
with the past. They spell out a vision for South Africa which reconciles
the country's sometimes conflicting goals of development and conservation,
and which requires all people and organisations to take responsibility for
ensuring that the country's natural heritage is maintained for our children
and for our children's children.

An essential part of this will require a commitment from each government
department to develop a biodiversity plan, and for sectors outside of
government to take up the challenge of making the conservation and
sustainable use of biodiversity a core element of their policies,
programmes, and actions. No longer is conservation something which is
separate from people, and which does not concern and affect each and every
one of us.

I have every confidence that this Green Paper, and the White Paper to
follow, will put South Africa on a firm course to enable this vision to be
met.

[Signature]

P. Mokaba
Deputy Minister

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                  STEPS IN THE POLICY FORMULATION PROCESS

   * In April 1994 a meeting was called by Senator Stephanus Grové, who
     chairs the Senate Portfolio Committee for Environment, and the
     Department of Environmental Affairs and Tourism, to discuss civil
     society involvement in the development of a biodiversity policy. This
     was largely in response to South Africa's signing and imminent
     ratification of the United Nations Convention on Biological Diversity.
     Up until this point, issues pertaining to the Convention had been
     considered by a sub-committee of the Committee for Environmental
     Coordination, constituted under the Environment Conservation Act 73 of
     1989, but there was concern that this structure did not provide for
     non-governmental representation.
   * Shortly after this meeting, a separate steering committee was
     constituted, to reflect the current constitutional ethos, and to
     manage the policy process. The steering committee comprises the
     chairman of the Senate Portfolio Committee for Environment, as well as
     representatives of the Department of Environmental Affairs and Tourism
     (DEAT), the Land and Agriculture Policy Centre (LAPC) and the Danish
     Cooperation for Environment and Development (DANCED). One of the tasks
     of the Steering Committee is to ensure the preparation of necessary
     policy documents and to enable this, an editorial committee was
     established and an editorial consultant contracted to draft such
     documents. A Secretariat was also established to facilitate
     communication between different roleplayers.
   * A reference group was also constituted, comprising representatives of
     a range of central and provincial government departments, statutory
     boards, and non-governmental organisations. The tasks of the reference
     group are to guide the Steering Committee in the management and
     implementation of the policy process; to accept responsibility for the
     consultation process; and to ensure that the content of the policy
     adequately reflects the various concerns and interests of different
     constituencies.
   * In March 1996 a discussion document was released for public comment,
     as the start of a process to solicit the views of all organisations or
     individuals interested in, or affected by, issues concerning the
     conservation and sustainable use of biodiversity in South Africa.
     Seven hundred copies of the document were distributed to a wide range
     of groupings. In addition, an educational leaflet was prepared about
     the document, to assist those unfamiliar with the concepts of
     biodiversity. This was translated into English, Afrikaans, Xhosa, Zulu
     and Pedi. Two thousand three hundred copies of the educational leaflet
     were distributed throughout the country. A summary of the discussion
     document was also compiled, of which 600 copies were made available.
   * To encourage broad participation in the process, stakeholder briefings
     were held throughout the country, at which people were informed of the
     process, and key issues were raised. In total, ten such briefings were
     held in seven provinces. In addition, an invitation to participate in
     the process was widely distributed to some 3,000 organisations.
   * A national consultative conference was held in Pretoria in May 1996,
     to discuss the issues raised in the discussion document, and to
     explore the range of policy options available to achieve certain
     goals. One hundred and sixty representatives attended the conference
     and their input at the conference, together with 46 sets of comments
     from a variety of individuals, organisations and organised groupings,
     comprised the basis from which this Green Paper has been drafted.
   * In addition to the comments received, the Green Paper has drawn from
     the relevant policies of other government departments, from ongoing
     policy processes underway in the country, as well as from the
     scientific literature and from international experience in both
     industrialised and developing countries.
   * The next steps in the process are to incorporate comments received on
     the Green Paper into the White Paper, which will be submitted to
     Parliament for approval in early 1997.

                           WHAT IS BIODIVERSITY?

 Biological diversity - or "biodiversity" - is the number and variety of
 living organisms on earth, the millions of plants, animals, and
 micro-organisms, the genes they contain, the evolutionary history and
 potential they encompass, and the ecosystems, ecological processes, and
 landscapes of which they are integral parts. Biodiversity thus refers to
 the life-support systems and natural resources upon which we depend.

 There are three main components of biodiversity:

                             GENETIC DIVERSITY

 Genes are the biochemical packages that are passed on by parents to
 their offspring, and which determine the physical and biochemical
 characteristics of offspring. Genetic diversity refers to the variation
 of genes within species, making it possible to develop new breeds of
 crop plants and domestic animals, and allowing species in the wild to
 adapt to changing conditions.

                             SPECIES DIVERSITY

 A species is a group of plants or animals whose genes are so similar
 that they can breed together and produce fertile offspring. Usually
 different species look different. Species diversity refers to the
 variety and abundance of species within a geographic area. Species
 richness refers to the number of different species within a region.

                            ECOSYSTEM DIVERSITY

 An ecosystem consists of communities of plants and animals and the soil,
 water, and air on which they depend. These all interact in a complex
 way, contributing to processes on which all life depends such as the
 water cycle, energy flow, the provision of oxygen, soil formation and
 nutrient cycling. Ecosystem diversity can refer to the variety of
 ecosystems found within a certain political or geographical boundary, or
 to the variety of species within different ecosystems.

 Another level of diversity which is sometimes included in the definition
 of biodiversity is LANDSCAPE DIVERSITY. A landscape is a collection of
 elements which consists of defined assemblages of plants, animals,
 abiotic substrata such as rocks, and land-use patterns. For example,
 plantations, fragments of forest, mountains, or rocky shores may
 comprise landscapes. The boundary of a landscape will vary according to
 the scale being used and the purpose of the investigation. Landscape
 diversity refers to the number of landscapes in the geographical area
 being studied.

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                                 CHAPTER 1.

                                INTRODUCTION

1.1. International Policy Context

1.1.1. Background

There is worldwide concern that human activities such as pollution, habitat
destruction, over-exploitation and foreign plant and animal invasions are
resulting in the ever-increasing loss of the earth's biological wealth. The
implications of this are considerable. If continued unabated, we stand to
lose crucial life-support systems through the loss of important habitats;
to undermine rural livelihoods, with the degradation of the natural
resource base on which people depend; and to diminish economic
opportunities, as options for developing medicines and foods are reduced
and the natural resource base for tourism is damaged.

Clearly, action is needed. However, if there is to be global cooperation to
conserve biodiversity, recognition needs to be given to its uneven
distribution around the world. Two-third's of the world's biodiversity is
located in developing countries, collectively termed 'The South', and
provides an important resource for the economic development of such
countries. Biodiversity conservation thus carries a heavier burden for
developing countries than for the biologically poorer 'North', comprising
the industrialised countries. Furthermore, it has largely been private
companies in industrialised countries which have benefited from the South's
biological riches. Thus, it is argued by developing countries that issues
such as access to genetic resources and technology, and the equitable
sharing of benefits from the conservation and use of biodiversity, must be
included in any global agreements concerning biodiversity.

1.1.2. The Convention on Biological Diversity

It was in this context that the negotiations leading to the United Nations
Convention on Biological Diversity were framed. Opened for signature in
June 1992 at the United Nations Conference on Environment and Development
(UNCED), the Convention entered into force in December 1993. The treaty is
a landmark in terms of reconciling environment and development as it
couples environmental objectives to the need for development in developing
countries. While recognising that the conservation of biodiversity is a
"common concern" of humankind, it emphasises the fact that natural
resources are the property of individual countries. It ties this right to a
national responsibility for environmental conservation, placing most
decision-making at the national level.

 The three objectives of the Convention are:

    * the conservation of biodiversity;
    * the sustainable use of biological resources; and
    * the fair and equitable sharing of benefits arising from the use of
      genetic resources.

South Africa did not actively participate in the Convention negotiations
and has largely been isolated from discussions around its issues. Many of
these issues are, however, of importance for the country's economic
development, and have considerable implications for the future use and
conservation of our natural resources.

As a Party to the treaty, South Africa is obliged to ensure that the
agreement is implemented in accordance with its objectives. The state is
also required to:

     develop national strategies, plans or programmes, or adapt
     existing ones, to address the provisions of the Convention, and
     to integrate the conservation and sustainable use of biodiversity
     into sectoral and cross-sectoral plans, programmes and policies.

South Africa's response to this requirement is contained within this
document, which articulates the country's policy and strategy towards
achieving the objectives of the Convention. Once this Green Paper has been
publicly reviewed, it will form the basis for a White Paper, which will be
submitted to Parliament for approval in early 1997. After this it will
become official government policy.

1.2. South Africa's Biodiversity: A Living Heritage

1.2.1. A country of remarkable diversity

South Africa's unique biological diversity - the variety of genes,
species,ecosystems and ecological processes occurring in the country - is
an assetof international, national and local value and significance. Her
riversand wetlands, mountains and plains, estuaries and oceans, and
magnificentcoastline and landscapes contain an exceptionally rich and
varied arrayof life forms which are integral to the existence of all South
Africans,and upon which the national economy is fundamentally dependent.

The remarkable richness of South Africa's biodiversity is largely as a
result of the mix of tropical and temperate climates and habitats occurring
in the country. Indeed, South Africa ranks as the third most biologically
diverse country in the world1, and as such is of major global importance
for biodiversity conservation (see Table I). This fact is mostly
attributable to the extraordinary plant richness contained within the
country: some 18,000 vascular plant species occur within our boundaries, of
which 80 per cent occur nowhere else. Furthermore, South Africa is the only
country on Earth to have within its national confines an entire plant
kingdom - one of just six in the world. Known as the Cape Floral Kingdom,
this area has the highest recorded species diversity for any similar sized
temperate or tropical region in the world. The Cape Floral Kingdom is the
world's 'hottest hotspot' of global conservation concern, a term used to
refer to areas where high levels of species richness, endemism as well as
threat coincide. Other biomes (or ecological units) in the country are also
of global conservation significance, for example one third of the world's
succulent plant species are found in South Africa.

In addition to this extraordinarily varied plant life, a wealth of animal
life exists in the region, both in numbers and variety. South Africa hosts
an estimated 5.8% of the world's total of mammal species; 8% of bird
species; 4.6% of the global diversity of reptile species; 16% of the total
number of marine fish species in the world; and 5.5% of the world's
described insect species. In terms of the number of mammal, bird, reptile
and amphibian species which occur only in this country ('endemics'), South
Africa is the 24th richest country in the world, and the 5th richest in
Africa.

South Africa's marine life is similarly diverse, partly as a result of the
extreme contrast between the water masses on the East and West Coast. Three
water masses - the cold Benguela current, the warm Agulhas current, and
oceanic water - make the region one of the most oceanographically
heterogeneous in the world. Over 10,000 plant and animal species - almost
15% of the coastal species known worldwide - are found in South African
waters, with about 12% of these occurring nowhere else.

              Table I. Species Richness of South African Taxa2

                 TAXA              NUMBER OF        PERCENTAGE OF
                               DESCRIBED SPECIES     THE EARTH'S
                                IN SOUTH AFRICA         TOTAL

               Mammals                227                5.8%

                Birds                 718                 8%

              Amphibians               84                2.1%

               Reptiles               286                4.6%

           Freshwater fish            112                1.3%

             Marine fish             2,150               16%

            Invertebrates            77,500              5.5%

           Vascular Plants           18,625              7.5%

The statistics in Table I exclude many groups such as fungi and different
types of microorganisms, and only reflect the numbers of some described
species. Obtaining a more precise estimate is difficult, as no-one really
knows the exact number of species that exist in South Africa. Nonetheless,
we do know that species richness is extremely high. Estimates of total
species numbers in the country vary from 250,000 to 1,000,000, a richness
which is reflected in the vast array of ways in which our biological
resources are used by rural and urban people, as well as by industrial
concerns.

1.2.2. Biodiversity under threat

Human activity has been changing South African ecosystems for thousands of
years, but the pace and extent of change has increased rapidly since
European settlement in 1652. Present estimates suggest that at least 25% of
the land has been transformed - largely by agriculture, urban developments,
afforestation, mining, and dams. In addition to habitat loss and
degradation, the overexploitation of certain species, the introduction of
exotic species, and the pollution or toxification of the soil, water and
atmosphere have had major effects on South Africa's terrestrial, freshwater
and marine biodiversity. Already 2,527 (12%) of South Africa's plant
species, 102 (14%) of bird, 72 (24%) of reptile, 17 (18%) of amphibian, 90
(37%) of mammal, and 22% of butterfly species are listed as threatened in
the South African Red Data Books, which indicate the conservation status of
threatened species and ecosystems. In addition, many important ecosystems
have been degraded, and ecological processes impaired. Trends indicate that
this situation is not improving. Unless we act fast and effectively, much
biodiversity, including the life-support systems upon which we rely, will
soon be lost.

1.2.3. The benefits of conserving biodiversity

What will happen if we do not take immediate action? We will undermine the
natural resource base upon which people depend; we will foreclose existing
and future economic opportunities of using biodiversity; and we will
jeopardise ecological processes which are necessary to keep our country fit
for life.

Benefits derived from species harvested in the wild. The benefits of
conserving biodiversity are numerous. A large proportion of South Africa's
population are directly dependent upon biological resources for subsistence
purposes, including the gathering, harvesting or hunting of animals and
plants for food, medicine, shelter, fuel, building materials, and trade.
The use of biological resources thus provides an important buffer against
poverty, as well as opportunities for self-employment in the informal
sector. Several industries are also directly dependent upon the use of
local species for economic gain. For example, the South African fishing,
hunting, wildflower, horticulture, natural product and wood-harvesting
industries are all, to varying extents, reliant upon species harvested from
the wild.

Benefits derived from the direct use of ecosystems. But benefits arising
from the conservation of South Africa's biodiversity are not only
restricted to the direct use of species. South African ecosystems are
directly used for grazing, croplands, mining, recreation and tourism. If
such resources are not adequately conserved, we run the risk of losing the
economic benefits gleaned from their use, and of foreclosing options for
their use by future generations.

Benefits derived from ecological services. One of most fundamental benefits
of conserving biodiversity lies in the ecological services which it
provides. These are essential to fulfilling human needs as well as those of
all life on Earth. They include:

   * maintenance of the hydrological cycle, and thus the provision of clean
     water;
   * maintenance of the gaseous quality of the atmosphere, which in turn
     provides pure air to breathe and helps to regulate the climate;
   * generation and conservation of fertile soils, which are essential to
     agriculture and forestry;
   * protection from erosion;
   * nutrient cycling;
   * pollutant breakdown and absorption;
   * control of many potential crop pests and vectors of disease;
   * pollination of many crops;
   * maintenance of a vast resource of genetic materials from which South
     Africa and other countries have developed crops, domestic animals,
     medicines and industrial products; and
   * perhaps most importantly, the insurance and basis for adaptation which
     biodiversity provides against large changes in climate and ecosystem
     processes - a factor of particular concern to South Africa, whose
     climate is expected to become increasingly drier as global climate
     changes.

Enriching our cultural diversity. Benefits from conserving biodiversity go
beyond material rewards. Through the use and appreciation of South Africa's
biological diversity, a rich cultural and traditional knowledge and deep
attachment to the country's natural heritage and beauty have developed
amongst South Africa's people.

In the words of President Nelson Mandela,

     "Each one of us is intimately attached to the soil of this
     beautiful country. Each time one of us touches the soil of this
     land, we feel a sense of personal renewal".

Inauguration Speech, 12 May 1994

Footnotes:

1This is based upon an index derived by the World Conservation Monitoring
Centre, which has calculated an overall diversity index based on species
richness for vertebrates and higher plants and richness in endemics.
Source: World Conservation Monitoring Centre, 1992, Development of a
National Biodiversity Index - A discussion paper.
2Figures adapted from Siegfried, W.R. 1989. Preservation of species of
southern African nature reserves. In: Biotic Diversity in Southern Africa.
Edited by B.J. Huntley, Oxford University Press, Cape Town; and World
Conservation Monitoring Centre, 1992. Global Biodiversity: Status of the
Earth's Living Resources. Chapman & Hall, London. Invertebrate figures
obtained from Dr H. Robertson at the South African Museum.

1.3. The History of Biodiversity Conservation in South Africa

1.3.1. Terrestrial conservation

For many centuries, conservation has been practised by the peoples of South
Africa, evidence suggesting the application of elaborate natural resource
management systems by indigenous African people such as the San, Khoi and
Nguni prior to the country's colonisation. Because most traditional African
societies were for the most part dependent upon natural resources,
including the wildlife that surrounded them, political systems generally
included a set of rules and procedures designed to regulate the use of
natural resources. Examples include the setting aside of hunting preserves
for Zulu royalty, soil conservation methods of the BaTswana people, and
totemic protection among people such as the BaSotho. A rich folklore
reflected the close relationship between traditional societies and nature,
and linked people to the environment through an ethic which was strongly
spiritual and cultural.

These systems changed substantially with the colonisation of South Africa,
and in particular with the intensification of hunting activities by
European settlers, the acquisition of guns by local people, and the
ranching of cattle, sheep and goats. In a response to diminishing
resources, a number of placaaten were promulgated by Jan van Riebeeck
shortly after colonisation to protect gardens, lands, and trees from
destruction, and the natural resources upon which the Dutch East India
Company depended. The first official protected areas in South Africa were
the forest reserves of Knysna and Tsitsikamma, proclaimed in terms of the
Cape Forest Act of 1888. This was followed by the establishment of forest
services in Natal in 1891, and in the Orange Free State and Transvaal by
1903. Also established during this period were a number of game reserves,
although the main objective of such areas was to serve as state
game-farming enterprises for hunting. After Union in 1910 the central
government assumed conservation responsibility for forestry, inland waters,
islands and the sea-shore, and in 1926 the first National Parks Act was
promulgated.

After Union, and indeed up until recent times, influential lobbies
continued to secure additional areas and stronger legislation for protected
areas. However, despite the fact that nature conservation legislation
continued to grow, this was not matched by achieving the satisfactory
conservation of biodiversity outside of protected areas. Moreover, the
establishment of protected areas was often accompanied by forced removals
and resource dispossession among black people. The dominant approach
prevailing during this period was that protected areas ought to be
"pristine", fenced-off areas. Such approaches have resulted in the widely
held perception that protected areas are playgrounds for a privileged
elite, and that biodiversity conservation is exclusive and irrelevant to
the majority of South Africa's people.

Despite this history, there is little doubt that South Africa, and those
charged with managing biodiversity, have made remarkable achievements
towards achieving the conservation of our natural heritage. Indeed, South
Africa is globally renowned for its nature conservation practices, a
reputation it has gained primarily through the well developed system of
protected areas in the country, and its efforts towards conserving
threatened species. In this regard, past government policies have been
extremely supportive of biodiversity conservation and developing the
scientific capacity to manage biological resources.

1.3.2. Marine conservation

South Africa also has a long history of managing its marine resources,
possibly being initiated by the prehistoric inhabitants of South Africa's
coastal regions some one thousand years ago. Its past differs little from
patterns established in other parts of the world that were settled by
European colonists, with utilisation following exploration and discovery of
marine resources. Historically, virtually every one of South Africa's
marine resources, including seals, whales, rock lobster, and fish such as
pilchard, hake, kingklip, and most linefish, has been overexploited at some
time. Many remain over-exploited, although when compared to other countries
South Africa has a relatively well-managed fishery. Furthermore, several
marine protected areas exist, including two of the largest "no take"
reserves in the world. As is the case for terrestrial areas, South Africa's
marine science community stand at the forefront of many international
endeavours, and there has been a long tradition of marine research in the
country which was celebrated recently by a centenary event.

1.4. The Scope of Biodiversity Policy in South Africa

The formulation of a coherent biodiversity policy and strategy for South
Africa is long overdue, and takes place at a time in South Africa's history
when many other policies of relevance to biodiversity are being developed.
In particular, this policy comprises part of the broader context wherein
national environmental policy is presently being formulated (the
Consultative National Environmental Policy Process or CONNEPP). Other
relevant policy processes that are under way include those on land, energy,
trade and industry, tourism, science and technology, forestry, water and
sanitation, fisheries, integrated pollution control, and coastal zone
management.

Underpinning all of these initiatives is South Africa's new Constitution
which provides within its Bill of Rights that everyone has the right (a) to
an environment that is not harmful to their health or well-being; and (b)
to have the environment protected for the benefit of present and future
generations.

The Constitution accords national and provincial government concurrent
legislative competence in terms of most functions of relevance to
biodiversity conservation. However, national parks, botanical gardens, and
marine resources are an exclusively national competence. In terms of the
Constitution, it is also the role of central government to administer
international treaties. Thus it is the responsibility of the Department of
Environmental Affairs and Tourism to formulate general policy concerning
the conservation and use of biodiversity, the implementation of which will
be undertaken by different government institutions at central, provincial,
and local levels.

1.5. Major Concerns Expressed

Throughout this consultative process there has been remarkable consensus on
the issues needing to be addressed by this policy. In many cases these
concerns are not unique to biodiversity and span across the environmental
spectrum.

For example, the fragmented, polarised, and inefficient administrative and
legislative structures created by apartheid resulted in no fewer than 17
government departments having a primary responsibility for nature
conservation prior to the April 1994 election. Divided responsibilities,
together with a duplication of effort, a profusion of laws, and most
importantly a lack of coordination, have been major factors hampering the
effective conservation of biodiversity. Aggravating this has been a lack of
integration of biodiversity considerations into national decision-making,
weak political will with regard to environmental conservation, and the
insufficient and declining allocation of resources to conservation. Over
and again, the need to link biodiversity conservation to the needs of South
Africa's people has been highlighted as a major concern, as well as the
importance of integrating conservation into an overall strategy for
conserving and using natural resources sustainably. These concerns have
been foremost in informing the development of this policy.

1.6. Reader's Guide to the Policy

The policy which follows is divided into three main sections.

   * Chapter 2 outlines the Vision, Mission and Principles guiding the
     formulation of the policy. Fourteen principles are described,
     resulting from the consultative process. Together these inform, guide
     and provide a context to South Africa's biodiversity policy and
     strategy (see Figure 1).
   * Chapter 3 contains South Africa's biodiversity policy and strategy,
     and is divided into six goals. These are:
       1. to conserve South Africa's biodiversity;
       2. to use biological resources sustainably and to minimise adverse
          impacts on biodiversity;
       3. to ensure that benefits derived from the use and development of
          South Africa's genetic resources serve national interests;
       4. to expand the human capacity to conserve biodiversity, to manage
          its use, and to address factors threatening it;
       5. to create conditions and incentives that support the conservation
          and sustainable use of biodiversity; and
       6. to promote the conservation and sustainable use of biodiversity
          at the international level.

     Each of these goals in turn comprises a number of relevant policy
     objectives and strategies required to attain these objectives.

     Because of the inter-related nature of many of the themes discussed,
     it has been necessary to repeat some of the key provisions of the
     policy under different goals and objectives.

   * Chapter 4 describes the implementation of the policy, including the
     roles of key players, recommendations for institutional arrangements,
     and priority actions to be pursued.
   * A set of Appendices is also included, containing a Glossary of Terms
     and the full text of the Convention on Biological Diversity.

        Figure 1. Structure of the Biodiversity Policy and Strategy

                                  [Image]

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                                 CHAPTER 2

    THE VISION, MISSION AND PRINCIPLES GUIDING A BIODIVERSITY POLICY AND
                         STRATEGY FOR SOUTH AFRICA

2.1. A Vision for South Africa

A prosperous, environmentally conscious nation, whose people are in
harmonious coexistence with the natural environment, and which derives
lasting benefits from the conservation and sustainable use of its rich
biological diversity.

2.2. The Mission of Government

Government will strive to conserve South Africa's biological diversity and
to thereby maintain ecological processes and systems whilst providing
lasting development benefits to the nation through the ecologically
sustainable, economically efficient, and socially equitable use of
biological resources.

2.3. Guiding Principles

In the context of the Vision and Mission, the following inter-related
principles will guide the application, assessment and further development
of the biodiversity policy and strategy.

2.3.1. Intrinsic Value. All life forms and ecological systems have
intrinsic value.

2.3.2. Duty of Care. All people and organisations have a responsibility to
act with care to conserve and avoid negative impacts on biodiversity, and
to use biological resources efficiently, equitably and sustainably.

2.3.3. Sustainable Use. The benefits derived from the use of South Africa's
biological resources are dependent upon: (a) such resources being used at a
rate within their capacity for renewal; (b) maintaining the ecological
integrity of the natural systems which produce such resources; (c)
minimising or avoiding the risk of irreversible change induced by humans;
(d) adequate investments being made to ensure the conservation and
sustainable use of biodiversity; and (e) avoiding or minimising the adverse
impacts of the use of non-renewable resources on biodiversity.

2.3.4. The Fair and Equitable Distribution of Benefits. Benefits arising
from the use and development of South Africa's biological resources will be
fairly and equitably shared. The rights to use biological resources will be
equitably allocated, and will recognise (a) that it may be necessary to
limit access in order to achieve conservation and sustainable use; (b) that
within the context of sustainable use, the socio-economic upliftment of
disadvantaged communities is an important criterion upon which decisions
will be based; and (c) that where peoples' historical rights of access to
natural resources have been removed this must be reviewed and redressed in
line with the other guiding principles.

2.3.5. Full Cost-Benefit Accounting. Decision-makers and consumers of
biological resources will be guided by economic approaches which assess the
full social and environmental costs and benefits of projects, plans and
policies that impact upon biodiversity, and which internalise costs borne
to society. These will reflect both the economic loss that results when
biodiversity is degraded or lost, as well as the value gained from
conserving the resource. Generators of waste will bear the environmental,
social and economic costs to society of resulting pollution, and the
responsibility for any consequences.

2.3.6. Informed Decision-Making. Decisions relating to the conservation and
use of biodiversity in South Africa will be based upon the best applicable
knowledge available. In cases where a lack of information is evident, steps
will be taken to collect information necessary to assess the conservation
and sustainable use of biodiversity. Where appropriate, information
necessary to ensure the conservation and sustainable use of biodiversity
will be readily available in an accessible form.

2.3.7. The Precautionary Principle(1). Where there are threats of serious 
or irreversible damage to biodiversity, a lack of full scientific certainty 
will not be used as a reason for postponing cost-effective measures to 
prevent degradation or loss.

2.3.8. Accountability and Transparency. Those making and implementing
decisions relating to the conservation and use of biodiversity in South
Africa will be accountable to the public for their actions through
explicit, justifiable processes.

2.3.9. Subsidiarity. Wherever possible and appropriate, decision-making
will be devolved to the lowest competent level.

2.3.10. Participation. Interested and affected individuals and groups will
have an opportunity to participate in decisions about the ways in which
biological resources are conserved and used.

2.3.11. Recognition and Protection of Traditional and Customary Knowledge,
Practices and Cultures. Traditional and customary knowledge, practices and
cultures supporting the conservation and sustainable use of biodiversity
will be recognised, protected, maintained, promoted, and used with the
approval and involvement of those who possess this knowledge. Benefits
arising from the innovative use of traditional and customary knowledge of
biological diversity will be equitably shared with those from whom
knowledge has been gleaned.

2.3.12. Coordination and Cooperation. Because biodiversity transcends
political, institutional and social boundaries, an enabling framework will
be provided for the future coordination and cooperation of
biodiversity-related activities in South Africa, in the southern African
sub-region, and globally. Coordination will also be ensured between other
policies, plans and programmes which have implications for the conservation
of biodiversity and use of biological resources.

2.3.13. Integration. The conservation and sustainable use of biodiversity
will be integrated strategically at all levels into national, provincial,
local and sectoral planning efforts (e.g. forestry, agriculture, fisheries,
land reform, industry, education, health, mining, etc.) to implement the
goals and objectives of the policy effectively.

2.3.14. Evaluation and Review. The policy will not be an end in itself, but
rather part of an iterative process which will be monitored and reviewed
regularly. Strategies adopted will be responsive to social, economic and
environmental change, as well as to scientific and technological advances,
but will have due concern for maintaining continuity.

Footnote:

1 Extracted from the Rio Declaration on Environment and Development

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                                 CHAPTER 3

            A BIODIVERSITY POLICY AND STRATEGY FOR SOUTH AFRICA

Introduction

The South African Government has three overriding priorities:

   * the eradication of poverty;
   * the sustainable development of its economy; and
   * the social development of its people.

These priorities, together with the national environmental policy presently
being formulated, provide the context within which consideration will be
given to achieving the three objectives of the Convention on Biological
Diversity:

   * the conservation of biological diversity;
   * the sustainable use of biological resources; and
   * the fair and equitable sharing of benefits arising from the use of
     genetic resources.

In addition to fulfilling these objectives, Government commits itself to a
biodiversity policy and strategy that will promote the reconstruction and
development of South Africa through:

   * ensuring provision of the essential ecosystem services and biological
     resources required to meet basic human needs;
   * not restricting economic development unnecessarily;
   * enhancing the provision of jobs related to the conservation of
     biodiversity and sustainable use of biological resources;
   * redistributing income and opportunities derived from the conservation
     of biodiversity and sustainable use of biological resources in favour
     of the poor;
   * enhancing the development of human resources necessary to conserve
     biodiversity and use biological resources sustainably; and
   * increasing participation in the institutions of civil society engaged
     in conserving and using biodiversity.

                                  GOAL 1:

  CONSERVE THE DIVERSITY OF LANDSCAPES, ECOSYSTEMS, HABITATS, POPULATIONS,
                     SPECIES, AND GENES IN SOUTH AFRICA

This section describes South Africa's plans for meeting a key obligation of
the Convention - the conservation of biological diversity.

The term conservation has in the past been used broadly to include
protection as well as use, maintenance, restoration and enhancement of the
natural environment. However, the Convention on Biological Diversity uses
conservation in a different way in that it refers both to the "conservation
of biological diversity", and the "sustainable use of its components". This
reflects the desire of developing countries to underscore the importance of
sustainable use. For the purposes of this policy, the language of the
Convention has been used, and a separate section, described in Goal 2,
articulates a policy and strategy specifically concerning the sustainable
use of biological resources, and avoiding or minimising adverse impacts on
biodiversity. This section (Goal 1), refers to those aspects of the policy
concerning the conservation of biodiversity, both inside and outside of
protected areas. It includes measures required to protect, maintain,
rehabilitate, restore, and enhance biodiversity and should be read in
conjunction with Goal 2.

South Africa's approach to conserving its remarkable diversity of
landscapes, ecosystems, habitats, populations, species and genes in the
country, has six main components:

   * protecting and maintaining South Africa's biodiversity, both in and
     out of protected areas;
   * stablishing and managing efficiently a representative and effective
     system of protected areas;
   * promoting sustainable development in areas adjacent to protected
     areas;
   * restoring and rehabilitating degraded ecosystems;
   * controlling the introduction and spread of harmful alien organisms and
     the risks associated with the use and release of genetically modified
     organisms; and
   * strengthening measures for the conservation of biological diversity
     outside of natural habitats (ex-situ conservation).

In pursuing this approach, Government recognises:

   * that biological diversity is best conserved in the wild (in-situ),
     through the conservation and restoration of ecosystems and natural
     habitats, and the maintenance and recovery of viable populations of
     species in their natural surroundings;
   * that ex-situ measures will be implemented primarily for the purpose of
     complementing in-situ measures; and
   * that an integrative approach will be the primary framework for action
     to address threats to biological diversity, and to establish
     priorities for its conservation. This means that conservation efforts
     will focus not only upon relatively "natural" landscapes, but will
     include areas modified by human activities, and will seek to enhance
     the contribution which biodiversity makes to human welfare.

1.1. IDENTIFICATION

* Policy objective 1.1

Identify important components of biodiversity and threatening processes.

Policy and Strategy

One of the most fundamental steps towards achieving the goals articulated
in this policy requires the identification of important components of
biodiversity, and threatening processes. There already exists considerable
knowledge in South Africa concerning aspects of the country's biodiversity,
but this information needs to be gathered, ordered, and strategically used.
Information also exists regarding processes or activities that have adverse
impacts on biodiversity, but in many instances this is patchy,
inconclusive, and not tailored towards facilitating effective management.

To achieve the described objective, Government will take a systematic
approach towards the identification of important components of biodiversity
and threatening processes, and will focus upon addressing existing gaps in
knowledge whilst continuing to support activities relevant to achieving the
objective.

In particular, Government, in collaboration with relevant interested and
affected parties, undertakes to:

  1. (a) Identify, using biological, social and economic criteria,
     components of biodiversity important for its conservation and
     sustainable use. These components will include:

   * Ecosystems and habitats that contain high diversity; that contain
     large numbers of endemic or threatened species; that are relatively
     "pristine"; that are important nursery or spawning areas; that are
     under particular threat; that are important for endangered or
     migratory species; that are of social, economic, cultural or
     scientific importance; or that are unique, representative or
     associated with key evolutionary or other biological processes;
   * Species and communities that are rare or threatened; that are of
     medicinal, agricultural, or other economic value; that are wild
     relatives of domesticated or cultivated species; that are directly
     used for subsistence purposes (e.g. fuelwood, building materials);
     that have social, scientific or cultural importance; or that are
     important for research into the conservation and sustainable use of
     biodiversity, such as indicator species;
   * Described genomes1 and genes2 of social, scientific or economic
     importance; and
     (b) Identify at national and provincial level, processes or activities
     that have or are likely to have significant adverse impacts on
     terrestrial, aquatic, and marine and coastal biodiversity.

1.2. WILDLIFE CONSERVATION

* Policy objective 1.2

Maintain and strengthen existing arrangements to conserve South Africa's
indigenous wildlife

Policy and Strategy

South Africa has a substantial body of law to conserve biodiversity,
especially within protected areas and for several plant and vertebrate
species. However, past approaches to biodiversity conservation have not
given adequate attention to the conservation of landscapes and ecosystems
outside of protected areas, and have neglected to consider lesser known
groups such as invertebrate, fungi, and microorganisms.

Through this policy and the introduction of appropriate measures,
Government intends to adopt a more holistic approach towards the
conservation of biodiversity.

The difficulties encountered in enforcing conservation law in South Africa
are a matter of great concern. Government supports the coordinated
development of a law enforcement strategy, effective deterrents, and the
strengthening of required capacity, but will balance this with the
provision of incentives to encourage adherence to the law.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. (a) Conserve components of biodiversity identified by Objective 1.1
     through a variety of mechanisms such as legislation, planning
     controls, guidelines, and protected area designations, giving priority
     to components of biodiversity requiring urgent protective measures;

     (b) Introduce legal measures to conserve important ecosystems,
     habitats, and landscapes outside of protected areas;

     (c) Promote an ecological management approach to planning, whereby
     conservation is proactively incorporated into land-use plans as a
     specific land use; and

     (d) Facilitate the finalisation and implementation of The Endangered
     Species Protection Act, to achieve uniform legal coverage for the
     protection of threatened species and the regulation of trade of all
     CITES-listed species, in addition to threatened species listed
     nationally and provincially.

  2. (a) Strengthen existing support for research on the improved
     understanding of the structure, function and composition of South
     Africa's terrestrial, aquatic, and marine and coastal ecosystems; and

     (b) Improve knowledge of and take appropriate action to conserve
     poorly known groups such as invertebrates, fungi and microorganisms.

1.3. PROTECTED AREAS

* Policy objective 1.3.

Establish and manage efficiently a representative and effective system of
protected areas.

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Protected areas in South Africa

A "protected area", as defined by the Convention is "a geographically
defined area which is designated or regulated and managed to achieve
specific conservation objectives". Within this definition, the purposes for
which protected areas are managed vary considerably, and different
classification systems apply in different countries. South Africa presently
contains 21 types of protected areas which can be grouped under six
internationally recognised management categories (see Table II). These
areas are administered by many different bodies, including the National
Parks Board; the Department of Water Affairs and Forestry; the Department
of Environmental Affairs and Tourism; the South African National Defence
Force; the National Botanical Institute; provincial conservation agencies;
numerous local authorities; and an assortment of private and public
landowners who subscribe to various conservation schemes. Ten Acts of
Parliament and 13 provincial Ordinances and Acts control protected areas in
South Africa (see Table III).

Terrestrial protected areas

South Africa's system of terrestrial protected areas is well developed, and
it is in such areas that biodiversity conservation has been focused. The
422 formally protected areas constitute some 6% of the land surface area,
and although the extent to which viable populations are conserved in such
areas is not known, about 74% of plant, 92% of amphibian and reptile, 97%
of bird, and 93% of mammal species of South Africa are estimated to be
represented in the present protected area system. There are, however, many
gaps, and the existing system does not adequately protect the lowland
fynbos, succulent karoo, Nama karoo, highveld grassland, and thicket biomes
of South Africa (see Table IV). Moreover, many of the existing protected
areas are small, often isolated from one another, and separated by large
areas of mostly transformed land. Aggravating this situation is the fact
that protected areas have been managed as islands of biodiversity rather
than as part of a holistic land-use policy. Of concern is the fact that the
existing system has arisen through a largely ad hoc process, rather than
being part of a deliberate conservation strategy.

Wetlands

Wetland conservation is extremely poor in South Africa and the majority of
wetlands fall outside of protected areas. Exceptions to this include the 12
Ramsar Sites in the country, which have been accorded protected area status
in terms of the Ramsar Convention. These total some 231 175 hectares.

Marine Protected Areas

Several marine protected areas are located along South Africa's extensive
coastline, representing most marine biogeographic regions, and including
two of the largest "no-take" reserves in the world. However, as is the case
for terrestrial protected areas, there has been no overall planned
development of marine reserves, a large number being either poorly
positioned or inadequately policed. Furthermore, existing marine protected
areas do not protect the full range of coastal and marine habitats, such as
sandy beaches, estuaries, dunes, and different types of rocky shore. In
most instances, marine protected areas have been established in order to
rebuild fish stocks and improve fishery yield, rather than conserve
biodiversity.
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Table II. Schedule Classification of Terrestrial and Marine Protected Areas

  CATEGORY          NAME         MANAGEMENT OBJECTIVE     SOUTH AFRICAN
                                                         LEGAL OR OTHER
                                                           EQUIVALENT
                                                            CATEGORY

                                                          * Special
                                 Managed mainly for         nature
 Category   Scientific           scientific purposes        reserves
 I          Reserves and         or wilderness            * Wilderness
            Wilderness Areas
                                 protection                 areas

                                                          * National
                                                            parks
                                                          * Provincial
 Category   National Parks and   Managed mainly for         parks and
 II         Equivalent           ecosystem protection       nature
            Reserves             and recreation
                                                            reserves
                                                          * State forests

                                                          * Natural
                                                            monuments
                                                          * Monuments
                                                          * Botanical
                                                            gardens
            Natural Monuments    Managed mainly for       * Zoological
 Category   and Areas of         conservation of            gardens
 III        Cultural             specific natural or      * Natural
            Significance         cultural features          heritage
                                                            sites
                                                          * Sites of
                                                            conservation
                                                            significance

                                                          * Provincial,
                                 Managed mainly for         local, and
 Category   Habitat and          conservation through       private
 IV         Wildlife             management                 nature
            Management Areas                                reserves
                                 intervention
                                                          * Conservancies

                                                          * Protected
                                                            natural
                                                            environments
                                 Managed mainly for       * Natural
 Category   Protected Land and   land and seascape          resource
 V          Seascapes            conservation and           areas
                                 recreation               * Scenic
                                                            landscapes
                                                          * Urban
                                                            landscapes

                                                          * Mountain
                                 Managed mainly for         catchment
 Category   Sustainable Use      the sustainable use        areas
 VI         Area                 of natural               * Biosphere
                                 ecosystems                 reserves

Source: Government Gazette of 9 May 1994, Notice 449. Categories are
assigned in accordance with the 1994 IUCN Protected Area Management
Categories.

        Table III. The Management of Protected Areas in South Africa

   TYPE OF PROTECTED       LEGISLATION              ADMINISTRATION
         AREA

 National Park         National Parks Act   National Parks Board
                       57 of 1976

                       Lake Areas
 Lake Area             Development Act 139  National Parks Board
                       of 1975

 Mountain Catchment    Mountain Catchment
 Area                  Areas Act 63 of      DWAF: delegated to provinces
                       1970

 Protected Natural     Environment
 Environment           Conservation Act 73  DEAT: delegated to provinces
                       of 1989

 Limited Development   Environment          DEAT: delegated to local
 Area                  Conservation Act 73  authority / government
                       of 1989              institution

 National Botanical    Forest Act 122 of    DEAT: National Botanical
 Garden                1984                 Institute

 State Forest          Forest Act 122 of    DWAF: assigned to provinces
                       1984

 Forest Nature
 Reserve and           Forest Act 122 of    DWAF assigned to provinces
 Wilderness Area       1984

 Ramsar Site           Ramsar Convention    DEAT

 National Monument     National Monuments   National Monuments Council and
                       Act 28 of 1969       provinces

 Conservation Area     National Monuments   National Monuments Council and
                       Act 28 of 1969       provinces

 Defence Area          Defence Act 44 of    South African Defence Force
                       1957

                                            DEAT : Directorate of Sea
 Marine Reserve        Sea Fishery Act 12   Fisheries, and provinces in
                       of 1988              respect of coastal zone and
                                            specified resources

 Sea-Shore             Sea-Shore Act 21 of  DEAT : assigned to provinces
                       1935

 Most South African    Sea Birds and Seals  DEAT: assigned to provinces in
 islands               Protection Act 46    respect of sea birds
                       of 1973

 Provincial, Local                          9 provincial administrations,
 and Private Nature    Various provincial   numerous local authorities,
 Reserves              ordinances           private landowners

 Private
 Conservancies         No legal status      Farmers

 Biosphere Reserves    No legal status      Conservation authority /
                                            neighbours

 Natural Heritage      Not legally
 Sites                 enforceable          Private landowners

Note: DEAT refers to the Department of Environmental Affairs and Tourism,
and DWAF the Department of Water Affairs and Forestry

               Table IV. Conservation of South African Biomes

       Biome          Number of       Proportion of   Proportion conserved
                      vegetation      South Africa      in South Africa
                        types

 Forest            3                0.59%             17.90%

 Fynbos

 Fynbos            5                3.39%             20.52%

 Renosterveld      5                2.90%             1.67%

 Grassland         15               24.26%            2.52%

 Nama-Karoo        6                24.41%            0.57%

 Succulent Karoo   4                6.77%             2.82%

 Savanna           25               34.24%            10.15%

 Thicket           5                3.44%             4.5%

Note: Calculated from data in Vegetation of South Africa, Lesotho and
Swaziland, edited by A.B. Low and A.G. Rebelo. Published by the Department
of Environmental Affairs and Tourism, January 1996

Policy and Strategy

Government recognises that South Africa's protected area system is an asset
of unsurpassed value, which in addition to conserving biodiversity
generates substantial economic benefits through tourism. Of concern is the
fact that neither terrestrial nor marine protected areas in South Africa
form part of a planned network. Furthermore, the management of such areas
is poorly coordinated between the range of responsible authorities,
resulting in variable and often conflicting policies being applied. The
need to strengthen and rationalise this system, and so establish an
effective, efficient, and representative protected area system is
considered by Government to be an issue of primary importance. Several
steps have been taken in this regard, notably the establishment of a
Committee to coordinate conservation efforts between national and

provincial conservation agencies, and the establishment of a Marine Reserve
Task Group, under the auspices of the South African Network for Coastal and
Oceanographic Research (SANCOR), to develop a revised policy on marine
protected areas.

Government will build on these initiatives and, in collaboration with
interested and affected parties, will:

  1. Establish a national cooperative programme to strengthen efforts to
     identify terrestrial, aquatic, and marine and coastal areas that
     support landscapes, ecosystems, habitats, populations, and species
     which contribute or could contribute to South Africa's system of
     representative protected areas. This will take into consideration the
     categories identified by Objective 1.1, the desirability of achieving
     a 10% representation of varied habitat and ecosystem types, and the
     principle of complementarity, meaning the extent to which components
     of biodiversity are represented in other areas. Government will
     involve all protected area agencies and all those with the necessary
     expertise in this initiative.
  2. Develop a comprehensive plan of action to strengthen South Africa's
     protected area system through a variety of mechanisms such as the
     purchasing of new land, contractual agreements, land exchanges, the
     rationalisation of existing protected areas and state land, and the
     streamlining of legislation. In so doing, it will give recognition to
     the need to accommodate a diversity of categories of protection,
     ranging from strict preservation through to controlled resource
     harvesting and extraction. The plan will take into account the need
     for diverse, but coordinated and appropriate levels of control - from
     national through to provincial and local level. Concomitant with these
     actions will be the development of management plans for all protected
     areas, including an evaluation of existing boundaries and management
     arrangements.
  3. Ensure the involvement of local communities and other interested and
     affected parties in decisions concerning the designation of new
     protected areas, the adjustment of protected area boundaries, and the
     development and implementation of management plans. Such involvement
     is crucial to the development of an effective and integrated protected
     area system.
  4. Encourage private landowners to continue to participate in voluntary
     conservation schemes such as conservancies, private nature reserves
     and the South African Natural Heritage Programme, and in co-operative
     management partnerships such as biosphere reserves and contractual
     parks.

1.4. SUSTAINABLE DEVELOPMENT ADJACENT TO PROTECTED AREAS

* Policy objective 1.4

Promote socially and ecologically sustainable development in areas adjacent
to or within protected areas

Policy and Strategy

Urgent attention is required to ensure that biodiversity is conserved not
only within protected areas, but across the landscape, and that sustainable
development is promoted throughout the country (see Goal 2). However, a
special case can be made for paying particular attention to areas adjacent
to or within protected areas, given that activities occurring in such areas
may be critical to the protected area's success. Furthermore, the
ecological landscape is often a continuum between designated protected
areas and surrounding regions. The viability of protected areas is thus
dependent upon the extent to which such areas are socially, economically,
and ecologically integrated into the surrounding region.

These issues are especially pertinent to protected areas in South Africa,
which fall within some of the most populous and poverty-stricken parts of
the country. As protected areas are often centres of economic activity,
social and economic conditions within and outside of these areas contrast
starkly. These discrepancies are aggravated by the fact that in the past
some protected areas were established at severe cost to communities. In the
creation of protected areas, many communities were forcibly removed without
adequate compensation. Furthermore, a "fences and fines" approach resulted
in people being denied access to resources upon which they depended.
Aggravating these circumstances is the fact that protected areas have
remained inaccessible to the majority of South Africa's people, and are
perceived to be playgrounds for a privileged elite, from which few benefits
are derived. These imbalances are well recognised, and are in some
instances being redressed by conservation agencies.

Government will bolster such initiatives, and in collaboration with
interested and affected groups will:

  1. Develop and introduce appropriate strategies, mechanisms and
     incentives to integrate protected areas within the broader ecological
     and social landscape, and encourage conservation in adjacent private
     and communal areas. This may include the establishment of biosphere
     reserves; buffer zones; community-based wildlife management schemes;
     multiple use areas; tourism plans; development projects; or the
     introduction of conservation grants and other economic incentives.
  2. Support the development of community-based wildlife management
     initiatives as part of a broader set of approaches to land-use
     planning and developing local sustainable development strategies.
  3. Promote the development of partnerships between conservation agencies,
     community organisations, NGOs, and private entrepreneurs for purposes
     of planning and managing the use of resources within and outside of
     protected areas, and optimising benefits for local people.
  4. Enhance the capacity of communities residing in or adjacent to
     protected areas to participate in protected area management through
     providing appropriate training and education, and through recognising
     local expertise and traditional institutions.
  5. Take steps to avoid or minimise damage caused to people and property
     from wildlife.
  6. Seek innovative ways of improving benefit flows to people in and
     around protected areas through:

     (a) promoting local and social development (e.g. using local producers
     and labour as far as possible, facilitating joint venture schemes,
     providing community social services, providing environmental education
     and recreational opportunities within protected areas, promoting
     community management and co-management of protected areas);

     (b) designating areas for sustainable resource use; and

     (c) facilitating where appropriate the development of compensation
     agreements with those who have lost access to resources or who have
     suffered damage caused by wildlife.

  7. Through the Land Restitution Programme, and in accordance with the
     Constitution of South Africa and the Restitution of Land Rights Act 22
     of 1994, facilitate the settlement of land claims, taking into account
     the intrinsic biodiversity value of the land, and seeking outcomes
     which will combine the objectives of restitution with the conservation
     and sustainable use of biodiversity.

1.5. REHABILITATION

* Policy objective 1.5

Restore and rehabilitate degraded ecosystems, and strengthen and further
develop species recovery plans where practical and where this will make a
significant contribution to the conservation and sustainable use of
biological diversity.

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Rehabilitation efforts in South Africa

South Africa's land and seascapes have changed dramatically over the past
few centuries, largely through human settlement and associated activities.
Often these activities have resulted in the degradation or loss of
ecosystems, and in some instances in the extinction of species. Our recent
history of apartheid planning led to particularly marked effects in the
former homelands, through creating densely populated pockets of land, which
are now sites of severe soil erosion, overgrazing and resource depletion.
Previous policies also encouraged unsustainable land-use practices by
providing subsidies to farmers occupying marginal lands.

Over the years there have been various private and public sector efforts to
rehabilitate degraded areas, primarily to restore the productivity of
agriculturally degraded lands on large commercial farms, but also to
rehabilitate previously mined areas. Within protected areas, efforts to
reintroduce threatened species and promote their recovery have been
considerable, with off-site conservation approaches such as captive
breeding and plant propagation being successfully used to increase
populations of threatened species. However, to date there has been no
overall national approach to rehabilitation which aims to restore ecosystem
functioning and biodiversity.
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Policy and Strategy

Government recognises that the rehabilitation of degraded ecosystems in
South Africa is a major task, requiring the commitment of significant
resources from both national coffers and the private sector. For the
purposes of this policy, and within the confines of existing rehabilitation
directives, Government will require that rehabilitation actions be
prioritised on the basis of the contribution that restored areas can ma ke
to the conservation and sustainable use of biodiversity. In particular,
rehabilitation actions will not be emphasised to the detriment of achieving
Objectives 1.1 and 1.2.

Within this context, Government, in collaboration with interested and
affected parties, will:

  1. Develop a programme to rehabilitate degraded systems of national
     concern. This will:
       a. identify key sites for restoration, based upon biological and
          socio-economic criteria, and in accordance with Objective 1.1,
          and develop and implement rehabilitation plans for identified
          sites;

       b. link remedial action to the provision of jobs, skills and
          opportunities for the poor and disadvantaged wherever possible
          and appropriate;
       c. support research to enhance techniques to restore biodiversity in
          degraded systems;
       d. monitor the effectiveness of rehabilitation measures; and
       e. continue to regulate and minimise adverse impacts of harmful
          activities on biodiversity.
  2. Continue to conserve and restore populations of threatened species by:
       a. developing appropriate legislation, and undertaking additional
          measures where necessary;
       b. developing tools to enable their identification;
       c. developing and implementing recovery plans for species at risk;
          and
       d. promoting the use and involvement of off-site conservation
          facilities and expertise.

1.6. HARMFUL ALIEN ORGANISMS AND GENETICALLY MODIFIED ORGANISMS

* Policy objective 1.6

Control the introduction and spread of harmful alien organisms and regulate
the risks associated with the use and release of genetically modified
organisms

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Defining the terms

Alien organisms are plants, animals and microorganisms which do not
naturally occur in an area, and which are deliberately or accidentally
introduced by humans to ecosystems outside of their natural range. This may
be at a local level, where species are moved from one type of habitat to
another, or at a global level, where species are introduced into different
continents or regions.

Genetically modified organisms are organisms whose genetic makeup has been
altered by the insertion or removal of small fragments of DNA in order to
create or enhance desirable characteristics. The technique used to do this
is called recombinant DNA technology, commonly referred to as modern
biotechnology.

Alien organisms

Many alien plant and animal species have been introduced into South Africa
over the years. A large proportion of such introductions have been
deliberate, for purposes of agriculture, forestry, or even conservation.
Indeed, much of South Africa's agriculture and forestry production depends
upon species that originated from other countries. These organisms provide
important economic and social benefits, but many have become invasive,
causing serious ecosystem degradation, disrupting ecological processes, and
resulting in species extinctions and possible reductions in genetic
diversity through hybridisation. In the Cape Peninsula, for example,
invasive alien plants are chiefly responsible for the highest concentration
of threatened taxa in the world. Elsewhere in the country the invasion of
water catchment areas by alien plants has been responsible for reducing
water availability - a serious concern in a drought-stricken country such
as South Africa.

Introduced animals have also reduced South Africa's biodiversity, a few
examples being the Argentinian ant, the Himalayan thar, the European
starling, the house sparrow and the black rat, and on South Africa's
islands, house mice, rabbits, and feral domestic cats. Some of the most
drastic impacts of invasive animal species have been recorded in South
African rivers, where alien fish, and to a lesser extent invertebrate and
reptile species, have altered habitats and successfully outcompeted native
fauna. Up to 60% of the threatened endemic freshwater fish of South Africa
may be threatened by introduced fish species such as trout, carp and bass.
Similarly in the marine environment, the accidental introduction of alien
species through ballast water or on ship hulls has resulted in a number of
alien species occupying our shores and coastal waters, in some instances
displacing local species.

Genetically modified organisms

The use and release of genetically modified organisms, although having
social, economic and environmental benefits, can also have adverse impacts
on biodiversity, in some cases being similar to those of alien organisms.
Many concerns relate to the nature of the risks involved, which are often
difficult to predict and determine. The South African biotechnology
industry is relatively well-developed and the need to regulate the industry
to minimise and avoid adverse impacts is widely recognised However, public
knowledge on the issue is scant and there is a crucial need to improve
public awareness and open up the issue to a wider debate.
---------------------------------------------------------------------------

Policy and Strategy

Government is acutely aware of the adverse impacts of alien organisms on
biodiversity and the potential risks associated with the use and release of
genetically modified organisms, and is committed to controlling and
regulating the introduction and spread of such organisms. Several measures
are in place which support this commitment, including extensive
legislation, as well as numerous management and research programmes. An RDP
project is also underway to clear invasive alien vegetation as part of a
water conservation campaign and job-creation scheme.

Despite these measures, Government recognises that many past efforts at
control have been unsuccessful, a major problem being the fact that
responses have been reactive, with actions taken only after invasive alien
species have become a problem. This ad hoc approach has not been
cost-effective, and has resulted in drastic impacts on biodiversity. To
redress this, Government will adopt a proactive and preventative approach
to control the introduction and spread of alien organisms, including
genetically modified organisms. This approach will take into consideration
the need to balance the risks associated with introducing and releasing
alien organisms and genetically modified organisms, with the potential
social, economic and environmental benefits derived therefrom.

To achieve this objective, Government, in collaboration with interested and
affected parties, will:

  1. Develop a regulatory procedure for the introduction of alien organisms
     into South Africa, whereby the potential risks of introduction are
     comprehensively assessed against intended benefits prior to
     introduction. This assessment will be followed by the adoption of
     appropriate mitigatory or preventative measures.
  2. Develop control and eradication programmes, and provide ongoing
     support to existing programmes, based on a priority-rating system and
     in relation to costs and resources. This will consider threats posed
     to biodiversity, as well as social, economic, and environmental costs
     and benefits derived from using and removing identified organisms. The
     planning of intensive mechanical clearing operations will take account
     of job creation schemes.
  3. Review, streamline, and if necessary strengthen existing legislation
     to control the introduction and spread of alien organisms. Actions
     will be taken to improve the effectiveness of legislation and to
     ensure consistency.
  4. Prevent wherever feasible the unintentional introduction of alien
     organisms to South Africa.
  5. Develop a national policy on the inter and intra-provincial
     translocation of species, including the updating of lists of
     prohibited and approved taxa.
  6. Promote the use of local, indigenous species in rehabilitation and
     revegetation schemes.
  7. Provide incentives to landowners to control or eradicate alien
     organisms identified as threatening biodiversity.
  8. Strengthen, support and coordinate the efforts of existing
     institutions and programmes to detect the early establishment of
     invasive alien organisms, and to catalogue and describe such
     invasions.
  9. Support and strengthen the development of biological and other control
     methods for alien organisms that threaten biodiversity.
 10. Improve understanding concerning the impacts of alien organisms on
     biodiversity.
 11. (a) Promote the finalisation and effective implementation of the
     Genetically Modified Organisms Bill, to regulate the development,
     production, use and application of genetically modified organisms; and
     (b) Continue to participate in international efforts to develop a
     Biosafety Protocol for the safe handling, use and transfer of
     genetically modified organisms.
 12. Support the further development of risk assessment procedures for
     assessing the potential ecological, social and economic impacts of
     genetically modified organisms.
 13. Improve public education and awareness concerning the risks posed by
     the planting or illegal importation of alien species, and of
     biotechnology, and identify actions which can be taken to avoid such
     risks or to control the spread of alien organisms.

1.7. EX-SITU CONSERVATION

* Policy objective 1.7

Support, complement and enhance in-situ conservation through strengthening
measures for the ex-situ conservation of components of biological
diversity.

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What is ex-situ conservation?

Ex-situ conservation concerns the conservation of genetic resources and of
wild and domesticated animals, plants, fungi, and microorganisms off-site,
or outside of their natural habitats. In contrast, in-situ conservation
means the conservation of biodiversity in the wild through the conservation
of ecosystems and natural habitats, and the maintenance and recovery of
viable populations of species in their natural surroundings.

Many techniques and facilities are used for ex-situ conservation, including
botanical and zoological gardens, nurseries, arboreta, aquaria, herbaria,
genebanks, tissue and culture collections, and captive breeding units.

Ex-situ conservation in South Africa

The responsibility for ex-situ conservation in South Africa lies with a
variety of government, parastatal and private concerns. Most gene and
seedbanks are held by the Department of Agriculture, and by institutes of
the Agricultural Research Council, whose collections comprise both
indigenous and foreign material. A genebank is also maintained by the
Department of Water Affairs and Forestry, and a small number of endangered
fynbos species are held in collections by the University of Cape Town.

Living and dried plant collections are contained in 49 herbaria and 30-40
botanical gardens, managed by the National Botanical Institute and an
assortment of universities and local authorities. About twenty zoological
gardens exist, the majority of which are privately owned. The National
Zoological Gardens, in addition to managing several zoological collections
which contain both exotic and indigenous species, operates four captive
breeding centres.
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Policy and Strategy

In-situ conservation is recognised by Government to be the cornerstone of
its strategy to conserve South Africa's biodiversity, but ex-situ
conservation, and the techniques and facilities used for ex-situ
conservation, are considered to be important measures to support,
complement and enhance in-situ conservation. Some important steps have
already been taken in this regard, and well-established ex-situ facilities
exist in the country, but Government acknowledges the need for additional
attention, especially with regard to the management and coordination of
genebanks.

To achieve the described objective Government, in collaboration with
interested and affected parties, will:

  1. Enhance the participation of ex-situ institutions in in-situ
     conservation actions identified by Objective 1.1 to be a priority.
  2. (a) Promote the ex-situ conservation of indigenous and traditional
     livestock breeds and plant genetic resources suitable for
     agricultural, medicinal, industrial, horticultural, or other
     commercial purposes; and
     (b) Enhance the characterisation, use and availability of such
     collections.
  3. Coordinate the efforts of diverse institutions to enable the
     development of a comprehensive national strategy to conserve South
     Africa's genetic resources.
  4. Regulate and manage the collection of biological resources from
     natural habitats for ex-situ conservation purposes so as to avoid or
     minimise threats to ecosystems and in-situ populations of species.
  5. Strengthen the educational role of ex-situ facilities.

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                                  GOAL 2:

    USE BIOLOGICAL RESOURCES SUSTAINABLY AND MINIMISE ADVERSE IMPACTS ON
                           BIOLOGICAL DIVERSITY

This section describes South Africa's plans for meeting three key
requirements of the Convention:

   * the integration of biodiversity considerations into national
     decision-making;
   * the sustainable use of biological diversity; and
   * avoiding or minimising adverse impacts on biodiversity.

The section is divided into four parts:

   * sectoral and cross-sectoral approaches;
   * using biological resources sustainably and avoiding or minimising
     adverse impacts on biological diversity in terrestrial, aquatic, and
     marine and coastal areas;
   * integrating biodiversity considerations into land-use planning and
     environmental assessment procedures; and
   * adopting sustainable lifestyles.

Introduction

All South Africans rely on industries or economic activities which directly
use biological resources or the services provided by ecosystems. Through
such activities, jobs and opportunities are created, and significant
contributions are made to the country's economy. However, these benefits
are not without direct and indirect costs to the environment: activities
which provide socio-economic gains from the use of biological resources and
ecosystems often result in the loss of biodiversity, including the
impairment of ecosystem functioning. These costs are not considered in
conventional accounting measures of national income, consequently
indicators such as Gross National Product (GNP) do not reflect the
unsustainable depletion of biological resources as a loss of the country's
wealth.

To enable South Africans to continue to benefit from the use of
biodiversity, and to keep our country fit for life, we need to ensure that
decision-making is based upon the real costs and benefits of conserving
biodiversity; that biological resources are used sustainably; and that
adverse impacts on biodiversity are minimised.

Affected Sectors

South Africa's biodiversity is used by many different sectors in many
different ways. At a broad level, these can be divided into economic
sectors which:

   * directly use biological resources, are dependent upon the renewal of
     such resources, and which by overuse may impact on biodiversity (e.g.
     fishing, hunting);
   * those which depend upon ecological processes, but which require the
     direct transformation of natural systems, and actively impact on
     biodiversity (e.g. cultivation, afforestation); and
   * those which do not directly depend upon ecological processes, nor on
     the consumptive use of biological resources, but which may
     inadvertently have impacts on biodiversity (e.g. mining, tourism).

Within each of these categories - and reflective of South Africa's dual
economy - are modern, highly commercialised industries, as well as more
traditional, subsistence activities.

   * Sectors that are directly dependent upon the use of local wild species

Highly commercialised sectors that are directly dependent upon the use of
local species harvested from the wild, and the renewal of such resources,
include the fishing, wood-harvesting, hunting, wildflower, traditional
medicine, and other natural product industries.

Reliance upon wild species at the subsistence level includes the gathering,
harvesting or hunting of animals and plants for food, medicine, shelter,
fuel, building materials, and trade.

Agriculture, as a sector which directly uses ecosystems to provide adequate
natural grazing for livestock, can similarly be identified as being
directly dependent upon indigenous biological resources, and the adequate
renewal thereof.

   * Sectors that depend upon ecological processes and require natural
     habitats to be transformed

Less dependent upon the direct use of indigenous biological resources are
activities such as cultivation and afforestation, which depend upon
ecological processes - such as the generation of soils, the pollination of
crops, or the control of pests - but which require that natural habitats be
transformed. The removal of biodiversity is thus a necessary precondition
to the successful production of crops or trees.

   * Sectors that do not depend on ecological processes or biological
     resources, but which have impacts on biodiversity

Many other sectors in South Africa do not depend upon the direct,
consumptive use of biodiversity, but may depend upon the maintenance of
biodiversity, or may inadvertently have considerable negative impacts on
biodiversity. These include industrial sectors dependent upon non-renewable
resources, such as mining and energy; those which rely upon chemical or
biological processes; those involved in manufacturing or the provision of
services such as housing or transport; as well as sectors such as tourism
and recreation.

Sectoral Impacts

Each of these sectors impacts upon biodiversity in different ways, and at
many different levels of activity. Such activities may result in:

   * habitat degradation, loss and fragmentation;
   * the overexploitation of species;
   * the pollution of soil, air and water;
   * the invasion of harmful alien organisms; and
   * climatic change (see Table VI).

The importance of each of these primary mechanisms for biodiversity loss
varies according to the specific organism being utilised, or to the nature
of the ecosystem which is impacted upon.

In the terrestrial areas of South Africa for example, habitat loss and
fragmentation are the most important factors resulting in biodiversity
loss.

In aquatic areas, catchment changes, together with alien plant and animal
invasions, and domestic, agricultural and industrial pollution, are among
some of the primary mechanisms for biodiversity loss.

Estuarine areas, as the interface between rivers and the sea, are
profoundly affected by upstream activities, and particularly by factors
such as the over-abstraction of water and the alteration of river flows.

And in marine and coastal areas, the main threats to biodiversity arise
from pollution, coastal degradation, as well as from fishing practices.

Quite obviously different strategies have to be adopted by the variety of
sectors involved, and for the range of ecological systems occurring in the
country. In some sectors, livelihoods may be at risk if present activities
are not continued, and it may take time to implement required changes. In
other sectors, there may be a lack of capacity to effect change, and few
economic alternatives. And in others entrenched institutional structures or
interests may be in place which are difficult to change.

But sectoral-specific strategies to ensure the sustainable use of
biological resources and minimise adverse impacts on biodiversity are only
part of the solution. Biodiversity questions are largely cross-sectoral,
and the only way in which conservation and sustainable use can be tackled
effectively is by a collective endeavour which pulls together the seemingly
diverse institutions characterising the various sectors.

2.1. SECTORAL AND CROSS-SECTORAL APPROACHES

* Policy objective 2.1.

Integrate the conservation and sustainable use of biological diversity into
all sectoral and cross-sectoral plans, programmes and policies at all
levels of government and industry.

Policy and Strategy

Government recognises that to achieve the goal of using biological
resources sustainably and minimising adverse impacts on biodiversity,
considerations about biodiversity must be integrated into all levels of
national, provincial and local decision-making, both within and across
different sectors. This is a key objective of the biodiversity policy, as
well as being an integral part of the development of general national
environmental policy.

To achieve this objective, Government, in collaboration with interested and
affected parties, will:

  1. (a) Ensure that existing South African domestic and foreign policies,
     plans and programmes support the conservation and sustainable use of
     biological resources and minimise adverse impacts on biodiversity; and
     (b) Ensure the effective incorporation of biodiversity considerations
     into all new policies, plans and programmes, including the development
     of a national environmental policy for South Africa, and other ongoing
     policy initiatives of relevance to biodiversity.
  2. (a) Require all government departments responsible for activities
     affecting biodiversity, or for activities concerning the conservation
     or use of biodiversity, to develop sector-specific plans based upon
     agreed guidelines; and
     (b) Require sector-specific plans to reflect the integration of
     biodiversity considerations in relevant sectoral budgets.
  3. Establish a national mechanism, representative of key sectors, to
     oversee, coordinate, and better integrate government policies which
     directly or indirectly affect biodiversity.
  4. Adopt measures to allow for the full environmental, social and
     economic costs and benefits of conserving and using biodiversity
     sustainably to be reflected in economic markets, and in national
     indices of economic status.

2.2. USING BIOLOGICAL RESOURCES SUSTAINABLY AND AVOIDING OR MINIMISING
ADVERSE IMPACTS ON BIOLOGICAL DIVERSITY

* Policy objective 2.2.

Conserve and use sustainably biological resources in terrestrial, aquatic
and marine and coastal areas and avoid or minimise adverse impacts on the
biodiversity of such areas.

2.2.1. Common approaches

Ensuring the conservation and sustainable use of terrestrial, aquatic, and
marine and coastal areas, and minimising adverse impacts on the
biodiversity of such areas will require several common approaches to be
adopted.

For terrestrial, aquatic, and marine and coastal areas, Government, in
collaboration with interested and affected parties, will:

  1. (a) Strengthen and streamline existing, or introduce new policies,
     legislation, incentives, and disincentives to avoid or minimise the
     adverse effects of human activities on the biodiversity of
     terrestrial, aquatic, and coastal and marine areas;
     (b) Support the incorporation of IEM principles into all planning
     controls and legislation; and
     (c) Require the adoption and effective implementation and enforcement
     of regulations proposed under Section 26 of the Environment
     Conservation Act 73 of 1989, concerning the control of activities
     which may have a detrimental effect on the environment.
  2. (a) Identify and wherever possible remove incentives that encourage
     the loss of biodiversity and the unsustainable, inefficient, and
     inequitable use of biological resources, taking into consideration
     social, economic and environmental costs and benefits; and
     (b) Maintain, adjust, or develop new financial and other incentives
     that support the conservation and sustainable use of biodiversity, and
     stimulate local stewardship of terrestrial, aquatic, and marine and
     coastal areas.
  3. (a) Continue to develop guidelines and determine sustainable
     harvesting rates for species used for commercial, recreational, or
     subsistence purposes;
     (b) Ensure that harvesting arrangements are based on the long-term
     viability of the species concerned and on maintaining ecosystem
     integrity; and
     (c) Develop and apply methods and technologies aimed at removing or
     reducing the adverse impacts of harmful activities on terrestrial,
     aquatic, and marine and coastal biodiversity, and improving the
     management of such areas.
  4. Strengthen management systems for terrestrial, aquatic, and marine and
     coastal areas by including traditional and customary knowledge and
     methods where applicable.

2.2.2. Terrestrial areas

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Terrestrial biodiversity in South Africa

The transformation of South Africa's terrestrial areas is perhaps the most
visibly dramatic evidence of the loss of biodiversity in the country.
Comprehensive estimates are not available concerning the extent to which
terrestrial areas have been modified, although a conservative assessment is
that at least 25% of the land has been transformed for purposes of
cultivation or afforestation, for urban or industrial development, or to
enable roads, railways and dams to be built. Areas which are not developed
may be subject to overgrazing, to infestation by alien plants and animals,
or to the overexploitation of certain species for subsistence or trade
purposes.

There are seven major terrestrial biomes, or habitat types, in South
Africa: forest, fynbos, grassland, Nama karoo, succulent karoo, savanna,
and thicket (see Tables IV and V). These biomes can in turn be divided into
68 vegetation types, which are communities which share common species, have
similar vegetation structures, and share the same set of ecological
processes. The degree to which each of these biomes is threatened varies,
depending upon the fertility of the soil, the economic value derived from
use of the area, human population pressures, and the extent to which the
biome is conserved in protected areas. The grassland biome, for example, is
the mainstay of dairy, beef, and wool production in South Africa and of
crops such as maize. It is also poorly represented in protected areas.
Similarly much of the Renosterveld, which is part of the fynbos biome, has
been ploughed for agriculture, and is also not represented adequately in
protected areas. Urgent conservation action is also needed for the Nama
karoo, succulent karoo, and thicket biomes.
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Policy and Strategy

The loss of biodiversity in terrestrial areas of South Africa is considered
by Government to be a matter of grave concern, requiring urgent action by
diverse sectors at many different levels. Government recognises the
important role played by involved sectors in the economic development of
the country, but believes that opportunities exist, through conserving and
using biological resources sustainably, to optimise both conservation and
development benefits, and to minimise the adverse impacts of various
activities on terrestrial biodiversity.

To achieve this objective, Government, in collaboration with interested and
affected parties, will:

  1. Investigate, formulate and implement integrated land-use planning
     approaches that include multiple natural resource activities which are
     compatible with and which complement the conservation and sustainable
     use of biodiversity.
  2. Promote sympathetic and integrated management for land and sea areas
     adjoining protected areas.
  3. Promote the conservation of biodiversity in urban areas by encouraging
     retention of habitat and wherever possible focusing future development
     on existing built-up areas.
  4. Encourage the planting of indigenous crops and trees to build the
     local resource base and to improve living environments.
  5. (a) Review the impact of agricultural and commercial forestry
     practices on biodiversity and seek changes where necessary;
     (b) Strongly encourage agricultural producers to incorporate
     biodiversity considerations in farm management practices and plans;
     (c) Promote the optimal use of on-farm inputs, and the minimal use of
     external inputs such as chemical fertilisers and pesticides;
     (d) Foster the development and use of safe agricultural pest control
     products and the use of integrated pest management approaches to
     minimise adverse impacts on ecosystems and on non-target species;
     (e) Promote sustainable rangeland management, and discourage the
     production of agricultural products on poor or marginal land;
     (f) Promote irrigation practices which use water efficiently and which
     minimise waterlogging, salinisation, and other adverse effects on
     biodiversity; and
     (g) Support the conservation and sustainable use of indigenous and
     traditional livestock breeds and crop varieties.

     Table V. The Species Richness of South Africa's Terrestrial Areas

                                          Number of species

     Province
                   Biomes
                             Plant
                                     Mammal
                                              Bird
                                                     Amphibian
                                                                  Reptile

 Eastern Cape
                   7
                            6,164
                                    156
                                              384
                                                     51
                                                                 57

 Free State
                   3
                            2,984
                                    93
                                              334
                                                     29
                                                                 47

 Gauteng
                   2
                            3,303
                                    125
                                              326
                                                     25
                                                                 53

 KwaZulu-Natal
                   4
                            6,141
                                    177
                                              462
                                                     68
                                                                 86

 Mpumalanga
                   3
                            4,782
                                    160
                                              464
                                                     48
                                                                 82

 North-West
                   2
                            3,025
                                    138
                                              384
                                                     27
                                                                 59

 Northern Cape
                   6
                            5,067
                                    139
                                              302
                                                     29
                                                                 53

 Northern
 Province
                   3
                            4,236
                                    239
                                              479
                                                     44
                                                                 89

 Western Cape
                   6
                            8,925
                                    153
                                              305
                                                     39
                                                                 52

Note: Data from DEAT, Pretoria, as illustrated in Vegetation of South
Africa, Lesotho and Swaziland, edited by A.B. Low and A.G. Rebelo.
Published by the Department of Environmental Affairs and Tourism, January
1996

2.2.3. Aquatic areas and wetlands

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What are wetlands?

Many of the adverse impacts of human activities on biodiversity manifest
themselves most strongly in the wetlands of South Africa. In terms of the
Convention on Wetlands of International Importance especially as Waterfowl
Habitat (Ramsar Convention) these include "areas of marsh, fen, peatland or
water, whether natural or artificial, permanent or temporary, with water
that is static or flowing, fresh, brackish or salty, including areas of
marine water the depth of which does not exceed six metres". Wetlands play
a crucial role in terms of providing clean water, maintaining biodiversity,
protecting areas against floods, recharging aquifers, buffering against
toxins, and providing areas for recreation, education and research.

Freshwater systems in South Africa

Adverse impacts on freshwater systems are of critical concern given both
the scarcity of and increased demand for water in the region. The flow of
almost every river system has been regulated by storage dams, or by
structures associated with the inter-basin transfer of water. Salinisation,
eutrophication, and pollution by heavy metals, mine dump effluents,
pesticides, insecticides and herbicides have considerably reduced both
surface- and ground-water quality. Catchment changes through afforestation,
alien plant invasion, irrigation and over-abstraction, and human settlement
have reduced natural run-off and groundwater levels substantially, and
invasive plants and animals jeopardise indigenous wildlife on a national
scale. Moreover, wetlands such as marshes, bogs, floodplains and vleis have
undergone considerable alteration and degradation: through drainage for
crop and timber cultivation; infilling for urban and industrial development
and waste disposal; mining for the extraction of sand, clay and peat; as
well as through a range of other activities.

Although there is a lack of information concerning wetland losses in South
Africa, that evidence which does exist suggests clearly that the loss of
wetlands has been high, with loss appearing to be greatest in the coastal
and inland margin zones of the country. In the Mfolozi catchment, for
example, some 58% of the original wetland area is estimated to have been
lost.

South African estuaries

Estuarine areas, as the interface between rivers and the sea, include some
of the most productive and threatened ecosystems in South Africa.
Sustaining a rich abundance of fish, bird, and invertebrate species, and
habitats such as mangroves, seagrass beds, and saltmarshes, estuaries
provide important nursery grounds for marine fish, sustain several
fisheries, control flood events, provide a rich feeding ground for birds,
and are a necessary component for the life-cycle of many invertebrate
species.

The ecological functioning of estuarine ecosystems is critically dependent
upon the complex and dynamic interplay between rivers and the sea, a factor
which increases the vulnerability of such environments to changes both
within catchments and in the sea. Activities having far-reaching effects on
estuarine ecosystems include excessive water abstraction, resulting in a
reduction of freshwater input to estuaries; agricultural practices that
lead to increased soil erosion and thus silt deposition in estuaries; urban
or industrial development adjacent to estuaries; modifications to river and
tidal flows through floodplain development and the construction of bridges,
harbours, and dams; and pollution resulting from the diversity of
activities occurring in catchments.
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Policy and Strategy

The degradation of South African wetlands, and their vulnerability to
human-induced changes in catchments and in the sea, is a concern recognised
by Government as requiring urgent action and cooperation between a
diversity of sectors and institutions. Wetlands represent some of our most
threatened ecosystems, and as such their conservation and sustainable use
is a crucial component of this policy. Government acknowledges that
insufficient attention has been given in the past to secure the effective
management of the country's wetlands, and it undertakes to ensure that the
future management of such areas will take place in an integrated manner, in
accordance with the objective of conserving and using biological resources
sustainably, and minimising adverse impacts on aquatic biodiversity. This
approach will recognise and accommodate conflicting needs and values.

Several measures already govern the conservation and use of South Africa's
wetlands, and many new initiatives are under way, as a result of the
revision of the country's water law. Wherever possible and appropriate,
Government will bolster such initiatives and, in collaboration with
interested and affected parties, will:

  1. Support the principle that basic domestic needs and environmental
     needs will enjoy priority use of water, the latter through reserving
     the quantity, quality and reliability of water required to maintain
     natural flow regimes and habitat complexity for aquatic and riparian
     ecosystems.
  2. Develop a uniform and effective legislative system for wetland
     management.
  3. Require adherence to the provisions of the Ramsar Convention.
  4. Introduce policy measures to ensure that the price of water reflects
     the full social, economic and environmental costs and benefits of
     water provision, taking into consideration the need to maintain
     life-line tariffs to ensure a basic level of health and quality of
     life.
  5. Recognise the functions and values of wetlands in resource planning,
     management and decision-making.
  6. Ensure that considerations relating to the biodiversity of aquatic
     areas are adequately incorporated into the national policy on
     integrated pollution control and waste management.
  7. Determine the impact of commercial, recreational and subsistence
     fishery practices on fisheries, fish, and their habitats, and develop
     guidelines for managing such fisheries on an ecologically sustainable
     basis.
  8. Determine the impact of aquaculture species and management practices
     on biodiversity, and develop appropriate guidelines for aquaculture
     developments.
  9. Strongly promote the development of catchment-specific partnerships
     and joint management plans between the range of institutions,
     organisations and individuals engaged in managing and using wetlands,
     catchments and associated marine and coastal areas.

2.2.4. Marine and coastal areas

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Marine and coastal areas in South Africa

Marine and coastal areas contain a significant amount of South Africa's
biological diversity, and in addition to providing essential ecosystem
services such as climate regulation, are of importance to the South African
economy with regard to the fishing industry, mineral, oil and gas
exploitation, tourism, recreation, trade and transport opportunities.

Biodiversity conservation has historically focussed on the terrestrial
environment, and while there are common principles for the conservation of
terrestrial and marine biodiversity, there are also several characteristics
of the marine and coastal environment that present decision-makers and
resource managers with a unique set of problems. The vast marine areas
under no national ownership; the "invisibility" of marine, coastal and
other aquatic environments that makes research and monitoring particularly
difficult; and the environmental continuity of the oceans which means that
local impacts may have global effects, are all particular problem areas
that require special attention. Adding complexity to this situation is the
fact that aquatic organisms - primarily fish - are the only major human
food resource harvested directly from wild populations.

Despite these differences, the threats to marine and particularly to
coastal biodiversity are similar in many respects to those facing
biodiversity on land, with most threats originating from land-based
activities. In South Africa such threats include marine pollution, from
domestic sewage, industrial waste, stormwater drains, and oil spills;
coastal zone degradation, from rapid urbanisation, tourism, recreation,
infrastructural development, and mining on parts of the coast and in the
ocean; the overexploitation of marine resources, primarily by industrial
fisheries, but also by recreational fishers, and in some intertidal areas,
by subsistence communities; and the introduction of alien species, either
inadvertently through ballast water or on ship hulls, or intentionally
through activities such as mariculture.
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Policy and Strategy

South Africa's marine and coastal areas are considered by Government to be
an asset of unsurpassed value, requiring careful and effective management
to secure lasting benefits for the nation. Several processes are currently
underway which support this commitment, including the development of a
national policy on coastal zone management, and a national marine fisheries
policy. Government believes that if marine biodiversity is to be conserved
effectively and used sustainably, it is necessary to adopt a cross-sectoral
approach which embraces the need for wide-ranging, comprehensive,
transboundary responses to threats; which treats the entire hydrological
cycle as an integrated unit; and which governs actions on land as well as
in the sea. This approach will be the departure point from which a more
detailed strategy is pursued.

In this context, and to achieve the objective, Government, in collaboration
with interested and affected parties, will:

  1. (a) Ensure that considerations relating to the conservation and
     sustainable use of marine and coastal biodiversity are effectively
     incorporated into national policies on integrated pollution control
     and marine fisheries; and
     (b) Support the rapid development of a national policy on coastal zone
     management, and the incorporation of biodiversity considerations
     therein.
  2. Require that those using marine resources, receiving services from
     marine and coastal ecosystems, or producing waste must bear all
     environmental, social, and economic costs, and the responsibility for
     any consequential detriment to the environment and to associated
     biota.
  3. Amend existing legislation or introduce new legislation to control the
     use of all marine organisms not presently covered by quotas or bag
     limits.
  4. Investigate the impacts of commercial fishery practices on ecosystems,
     on target, non-target and by-catch species, on the viability of
     populations, and on genetic diversity.
  5. Determine the impact of recreational fishers on fisheries, fish and
     their habitats, and develop a national strategy and guidelines for
     managing recreational fishing on an ecologically sustainable basis.
  6. Undertake research concerning the management and control of
     subsistence artisanal fisheries, including the development of
     appropriate monitoring systems.
  7. Determine the impact of mariculture species and management practices
     on biodiversity, and develop appropriate guidelines for mariculture
     developments.
  8. Develop and promote fishing techniques and procedures that are species
     and size specific, and that have the least impact on ecosystems and on
     non-target species.

2.3. LAND-USE PLANNING AND ENVIRONMENTAL ASSESSMENT

* Policy objective 2.3

Integrate biodiversity considerations into land-use planning procedures and
environmental assessments.

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Land-use planning and environmental assessment in South Africa

Biodiversity is often adversely affected by planning and development
decisions and actions. This may be through a failure to incorporate
biodiversity considerations into physical planning documents, such as
regional plans and structure plans; through inadequate information and
misguided decisions; or because of inappropriate policies. South Africa's
history of environmental planning is particularly poor.

These concerns are well recognised in South Africa, and have resulted in
the development of a procedure known as Integrated Environmental Management
(IEM), a process designed to incorporate the environmental considerations
of development proposals within the planning process. Environmental impact
assessment (EIA) is a step within the IEM procedure, and by international
standards, the EIA strategy employed in South Africa is relatively
sophisticated. It is holistic and embraces both bio-physical and social
considerations; requires public participation; provides for the inclusion
of environmental concerns early in the planning process; calls for
alternative proposals to be considered; and continues through to
monitoring, auditing and decommissioning. To this end, IEM is a useful tool
for minimising the adverse impacts of development on biodiversity.

Despite the sophistication of EIA and IEM procedures in South Africa, there
are no legal requirements for their use. Although EIAs are commonly
undertaken for large-scale developments, this is on a voluntary rather than
a legal basis. Many argue that IEM procedures are too complex and costly,
and overlap with existing planning procedures and permit requirements. Of
concern for biodiversity conservation is the fact that EIAs are often
project-based, fail to consider cumulative environmental impacts within the
bioregion, and take a piecemeal approach when considering impacts on
biodiversity. To overcome these concerns many argue that EIAs should be
undertaken not only for projects, but for programmes and policies, and
should improve integration between the varied biological assessments often
undertaken for a single project.
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Policy and Strategy

Government is well aware of the need to review land-use planning and
environmental assessment procedures in South Africa. The Department of
Environmental Affairs and Tourism has recently published draft regulations
concerning the control of activities which may have a detrimental effect on
the environment, as well as guidelines for producing comprehensive
environmental impact reports. The effectiveness of existing planning
controls and the IEM process is also being investigated by the national
process to determine a general environmental policy for South Africa.

These initiatives will continued to be supported by Government which, in
collaboration with relevant interested and affected parties will:

  1. Strongly support the adoption of a bioregional approach to planning,
     whereby natural boundaries (e.g. catchment areas) are used to
     facilitate the integration of conservation and development needs, and
     conservation is proactively incorporated into land-use plans.
  2. Support the incorporation of IEM principles into all planning controls
     and legislation.
  3. Ensure that potential impacts of projects, programmes, plans and
     policies on biodiversity are assessed and reflected in planning
     processes and environmental assessments, and that decision-making
     seeks to avoid impacts, to minimise risks, and to mitigate adverse
     impacts wherever possible.
  4. Investigate, formulate and implement integrated land-use planning
     approaches that include multiple natural resource activities which are
     compatible with and which complement the conservation and sustainable
     use of biodiversity.
  5. Integrate consideration of the cumulative impacts on biological
     diversity of development proposals, and the reversibility of proposed
     actions over time, into regional planning processes and environmental
     impact assessment procedures.
  6. Ensure that potential impacts of projects, programmes, plans and
     policies on biodiversity are assessed in an integrated manner and by
     competent professionals.

2.4. ADOPTING SUSTAINABLE LIFESTYLES

* Policy objective 2.4.

Support efforts to bring about changes in human numbers and lifestyles to
achieve socially and ecologically sustainable development.

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Addressing population and consumption issues in South Africa

The preceding steps to achieve the conservation and sustainable use of
biodiversity, and to minimise the adverse impacts of activities are
necessary, but not sufficient, to address the loss of biodiversity in South
Africa. Underpinning the crisis is a complex array of inter-related social,
economic, political and demographic factors. These include institutional
failures to regulate the use of biological resources; economic systems that
fail to recognise the true value of biodiversity; inequity in the
ownership, management and flow of benefits from the conservation and use of
biological resources; high levels of poverty; and a lack of knowledge about
the way in which natural systems function.

Ultimately, however, human impacts on biodiversity depend upon two key
factors: the number of people using natural resources; and the rates at
which they consume those resources. Increasing human populations and
unsustainable rates of resource consumption both lead to a growth in demand
for natural resources, and therefore an increase in the impact on
biodiversity. Because the natural resource base is limited, it is important
to consider ways in which a balance can be struck between the use of
resources, and the capacity of ecological systems to renew resources and to
absorb wastes.

Population is an important issue in South Africa, but needs to be
considered together with questions about resource use, particularly
patterns of production and consumption. Global figures indicate that 77% of
the world's people earn 15% of total income; that 24% of the world's
population consume 75% of energy, mineral and metal resources, and more
than half the world's food; and that over 90% of waste in the world is
generated by the affluent. Similar figures are not available for South
Africa but what is clear is that people's use of resources is very uneven,
and that consumption is highest amongst the industrial sector and the more
affluent. Strategies thus need to address not only the stabilisation of
population growth, but also the wasteful overconsumption of natural
resources.
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Policy and Strategy

In collaboration with interested and affected parties, Government will:

  1. Ensure that considerations relating to the conservation and
     sustainable use of biodiversity are adequately incorporated into the
     national policy on population.
  2. Support initiatives to reduce resource consumption by promoting the
     elimination or reduction of waste at source, and its re-use,
     recycling, and recovery.
  3. Initiate research and establish a dialogue to assess national
     population and consumption trends, with respect to satisfying basic
     needs and determining South Africa's capacity to support human
     settlement.
  4. Increase awareness about the lifestyle choices that affect
     biodiversity, and promote sustainable living based on the
     opportunities derived from the sustainable use of biological
     resources.

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                                  GOAL 3:

     ENSURE THAT BENEFITS DERIVED FROM THE USE AND DEVELOPMENT OF SOUTH
            AFRICA'S GENETIC RESOURCES SERVE NATIONAL INTERESTS

3.1. ACCESS TO GENETIC RESOURCES

* Policy objective 3.1

Control access to South Africa's genetic resources through the introduction
of appropriate legislation and establishment of institutional structures

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What are genetic resources?

Genetic resources include the genes of indigenous and introduced species,
and of plant, animal and microbial varieties produced by breeding
programmes and genetic manipulation. South Africa both depends upon genetic
material from elsewhere and contains an extraordinary diversity of
indigenous genetic material which has the potential to be used in a range
of commercial and environmental applications. Material used from other
countries is extremely important for the South African agriculture,
horticulture, and forestry industries, as well as for the biological
control of pest species.

What is biodiversity prospecting?

Biodiversity prospecting refers to the search for commercially valuable
genetic and biochemical resources from nature. These could be novel
chemicals or genes used to develop new drugs, improve crop yields, or
accord pest resistance to plants. Such resources may originate from plants,
insects, marine organisms, fungi or bacteria.

Considerable controversy surrounds biodiversity prospecting. Some regard it
as a panacea for biologically rich, but financially poor countries, and as
an incentive for biodiversity conservation. Others consider it with a good
deal of suspicion, and see the Convention's provisions to regulate access
as an attempt to legitimise continued multinational corporation control of
developing country's biological resources. What is becoming increasingly
evident is that biodiversity prospecting is not a "pot of gold" for
countries providing genetic resources. Although the combined world market
exceeds 300 billion dollars annually, commercial ventures are risky and
costly, and the likelihood of discovering a valuable compound is low.
However, with a well considered strategy, biodiversity prospecting can reap
benefits for countries rich in genetic diversity, especially with regard to
enhancing research capacity and developing technology.

Biodiversity prospecting in South Africa

South Africa is a favoured destination for "biodiversity prospecting"
companies seeking novel biochemical molecules with medical, agricultural,
horticultural or environmental potential. This is largely because of the
country's high levels of endemism and diversity, comprehensive knowledge
base of the fauna and flora, considerable scientific capacity,
well-developed infrastructure, and well-managed protected areas and living
collections, which enables the reliable sourcing of materials. Presently, a
multitude of organisations and individuals are involved in the research and
development of our genetic resources, and research institutions are looking
towards biodiversity prospecting as an important avenue for revenue
generation and technology transfer. A range of provincial departments are
involved in issuing permits for collecting activities, as are central
government agencies. Considerable activity exists outside of this formal
network, with daily removals of genetic material out of the country. Of
concern is the fact that present activities concerning the export and use
of South Africa's biodiversity are virtually uncontrolled, and that
commercial exploitation of the country's genetic resources is taking place
in a policy and legal vacuum.
---------------------------------------------------------------------------

Policy and Strategy

The Convention on Biological Diversity recognises the sovereign rights of
countries over their genetic resources, and their authority to determine
access conditions, including the sharing of benefits gained. In terms of
the Convention, South Africa is required to facilitate access to genetic
resources by other Contracting Parties.

Government recognises that South Africa's genetic resources provide
valuable opportunities for the nation to enhance the benefits from its vast
biological wealth. The present situation, whereby foreign organisations and
individuals have enjoyed almost free access to our genetic resources with
little gain to either the country or the people from whom knowledge is
gleaned, is a matter of considerable concern.

It is clearly in South Africa's interest to control access to its genetic
resources, and to thereby ensure that benefits arising from the use and
development of such resources serve the national good. It is, however, also
in South Africa's interest to ensure that access is not unnecessarily
restrictive, and that conditions are provided which stimulate economic
activity and allow for South Africa's continued access to foreign sources
of genetic material. Thus Government will pursue an approach whereby access
to South Africa's genetic resources is both controlled and facilitated, in
line with certain principles.

To achieve this objective, Government, in collaboration with interested and
affected parties, will:

  1. (a) As a matter or urgency, establish a National Committee,
     coordinated by the Department of Environmental Affairs and Tourism,
     which will: develop detailed guidelines and conditions for
     biodiversity prospecting; examine the applicability of such guidelines
     and conditions for domestic and foreign companies; guide the
     development of appropriate agreements; investigate the strengthening
     of existing controls and legislation, including the establishment of
     national sovereignty over South Africa's biological resources; and
     advise on an appropriate administrative structure to coordinate future
     activities.
     (b) Develop and implement an efficient permitting system whereby
     authorisation is required for the collection of any biological or
     genetic resource to be used for research, trade or commercial
     purposes. This system will include the provision of comprehensive
     information from users and collectors, including the environmental
     impact of proposed activities and benefit-sharing arrangements. Where
     appropriate, the consent of local communities and those holding
     traditional knowledge will be required prior to collection.
  2. Require that benefit-sharing arrangements take into consideration:
     (a) the need to promote the reconstruction and development of South
     Africa, and to stimulate economic development in the most
     disadvantaged parts of the country and sections of the population;
     (b) the rights of local communities and those holding traditional
     knowledge to benefit from co-ownership of research data, patents, and
     products derived from their knowledge;
     (c) the need to adopt a multi-faceted approach to benefit sharing,
     whereby a range of short- and long-term financial and non-monetary
     benefits are utilised; and
     (d) the need to strengthen South Africa's science and technology
     capacity.
  3. Establish a system to allow for funds generated from biodiversity
     prospecting to be received and disbursed equitably.
  4. Ensure that the collection of biological and genetic resources for
     research and development purposes does not adversely affect the
     conservation status of the species, population, or ecosystem.
  5. Promote coordination between national research institutions engaged in
     biodiversity prospecting to enable the South African research
     community to strategically position the country in this field.
  6. Encourage the development of institutional policies and professional
     codes of conduct to guide collection, research and commercial
     activities.
  7. Investigate, through the Statutory Advisory Committee on Intellectual
     Property Rights of the Department of Trade and Industry, the
     development of a system to provide legal protection for collective
     intellectual property rights.

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                                  GOAL 4:

   EXPAND THE HUMAN CAPACITY TO CONSERVE BIODIVERSITY, TO MANAGE ITS USE,
                   AND TO ADDRESS FACTORS THREATENING IT

This section describes South Africa's plans to meet requirements of the
Convention concerning the expansion of human capacity to conserve
biodiversity, to manage its use, and to address threats to it. South
Africa's approach towards achieving this goal has three main components:

   * increasing public appreciation and awareness of the value and
     importance of biodiversity, and public involvement in its conservation
     and sustainable use;
   * improving the understanding of biodiversity through conducting
     research, improving biological inventories, establishing and
     maintaining monitoring systems, sharing information, and incorporating
     traditional knowledge, and;
   * strengthening existing management capacity through appropriate
     training.

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4.1. PUBLIC EDUCATION AND AWARENESS

* Policy objective 4.1

Increase public appreciation and awareness of the value and importance of
biodiversity, and public involvement in its conservation and sustainable
use

Policy and Strategy

Without the support and commitment of all South Africans, efforts to
conserve this country's biodiversity are unlikely to succeed. Government
considers this to be one of the most critical issues to address in the
implementation of this policy. Past efforts to improve public awareness and
appreciation of the importance of biodiversity have frequently been
culturally biased, focusing largely on the value systems of the affluent.
Thus a narrow interpretation of biodiversity has predominated, directed at
the need to preserve endangered species and maintain protected areas rather
than at the broader development context which makes biodiversity relevant
to the millions of people in South Africa who are dependent upon the
country's biological resources to fulfil their basic needs. This has been
aggravated by the inaccessibility of protected areas to the poor, leading
to the perception that conservation is elitist and irrelevant to the
majority of South Africans.

Government will redress these perceptions so that the conservation and
sustainable use of biodiversity becomes an issue of concern and meaning to
South Africans of all ages and in all walks of life: from decision-makers
in Parliament through to communities in rural areas and youth in the
townships. There are already many initiatives underway which support this
conviction, both within the formal education sector and informally in the
work-place and community.

Government will bolster such efforts and, in collaboration with relevant
interested and affected parties, will:

  1. Develop and implement targeted public awareness programmes for groups
     of people such as decision-makers and politicians; business
     executives; consumers; non-governmental organisations; children; and
     those in rural and urban areas who are reliant upon the use of
     biological resources. Such programmes will take into account people's
     understanding of biodiversity and their local environments, foster an
     appreciation of local knowledge of biodiversity, establish clear links
     between biodiversity conservation and community health and welfare,
     and will describe conservation actions that can be taken by specific
     groups.
  2. Encourage organisations engaged in researching, managing or conserving
     biodiversity to popularise their work, to disseminate information
     about biodiversity, and develop or strengthen biodiversity education
     and interpretative programmes in such places as protected areas,
     natural history museums, zoos, aquaria, botanical gardens, public open
     spaces, and community centres.
  3. Support the further development of outreach programmes which enable
     people to have access to nature and the experiences associated with
     nature.
  4. Encourage those in the public eye, such as television and radio
     commentators, news editors, advertisers, entertainers, artists,
     sportsmen and women, religious leaders, politicians, and corporate
     executives, to popularise biodiversity and the actions needed to
     conserve it.
  5. Use a variety of delivery mediums (e.g. radio, television, newspapers,
     electronic networks), to distribute information about biodiversity.
  6. Integrate issues concerning biodiversity conservation and sustainable
     use into ongoing efforts to develop a national environmental education
     system, modifying curricula where necessary.
  7. Support and encourage improved training and professional development
     for teachers, extension officers, and others involved in building
     awareness about biodiversity.
  8. Promote the involvement of interest groups and communities in
     research, management and development activities relating to the
     conservation and sustainable use of biodiversity.
  9. Strengthen coordination between those involved in increasing awareness
     about biodiversity, including educational institutions, government
     departments, natural history museums, businesses, conservation groups
     and other non-governmental organisations.

4.2. IMPROVING UNDERSTANDING ABOUT BIODIVERSITY

* Policy objective 4.2.

Improve the knowledge and understanding of South Africa's biodiversity
necessary for its effective conservation.

4.2.1. Research

Policy and Strategy

Considerable investment has been made in biological research in South
Africa, resulting in a well-developed knowledge base and understanding
concerning aspects of the country's biodiversity. However, Government
realises that existing biological knowledge is patchy, and that
substantially more research is required to improve our understanding. In
particular, the interactions between biological and social processes are
poorly understood, as are the causes underlying the decline in
biodiversity. There has also been an under-investment in the application of
research results to biodiversity management.

Government recognises the importance of both pure and applied research, and
will pursue an approach that strikes a balance between the two but which
aims to accelerate the translation of research results into applied action,
and so promote the conservation and sustainable use of biodiversity. An
important part of this approach requires improved networking within and
across disciplines and between different programmes.

To achieve this objective, Government, in collaboration with interested and
affected parties, will:

  1. Develop a multidisciplinary national biodiversity research plan, based
     upon existing gaps in knowledge and identified conservation and
     management priorities.
  2. Encourage researchers to popularise their work and to disseminate
     information about biodiversity.
  3. Develop partnerships with the scientific community to facilitate the
     effective implementation of the goals and objectives articulated by
     this policy.

4.2.2. Inventories

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What are biodiversity inventories?

Biodiversity inventorying is the surveying, sorting, cataloguing,
quantifying and mapping of landscapes, ecosystems, habitats, populations,
species, and genes. Inventories derived from the synthesis of such
information give an overview of the state of biodiversity, and enable the
identification of key indicators and the analysis of important patterns and
processes. Inventories also provide baseline information for the assessment
of change and data for conserving and managing biodiversity. Taxonomy,
which is the identification, description, classification and naming of
organisms, is fundamental to inventorying, and is the core reference system
and knowledge base upon which all discussion of biodiversity rests.
Bio-systematics, which incorporates taxonomy, includes the study of
associated biological disciplines such as evolutionary biology and
biogeography, and is also an important component of inventorying.

Biodiversity inventories in South Africa

Inventories are well-established for some ecosystems and species in South
Africa. A comprehensive classification of vegetation types exists, as does
a computerised database of higher plant species. Inventories of vertebrate
species are also fairly comprehensive, particularly within protected areas
and for mammals, birds and some fish. However, only a small proportion of
the total invertebrate species richness has been described and named, and
information on lower plants, microorganisms and genetic diversity is
likewise extremely sparse and uncollated. In the marine environment, the
taxonomy of fish, and particularly invertebrates, is poorly known.

Inventory work requires skilled personnel such as taxonomists and
bio-systematists. There is, however, a dire shortage of suitably trained
people in South Africa. There is also inadequate funding support to redress
this, and South Africa's museums and other collection-based institutions
are facing serious funding problems which threaten existing collections and
the future of their professional staff. Many concerns have been expressed
by the South African scientific community about this deteriorating
situation.
---------------------------------------------------------------------------

Policy and Strategy

Government recognises that biological inventories are basic to
understanding biodiversity. Work being undertaken by universities, natural
history museums, technikons, and other collection-based institutions is
considered essential to furthering understanding of South Africa's
biodiversity and achieving the goals and objectives of this policy.
Government is aware of the enormity of comprehensively inventorying the
country's biodiversity, and of the significant resources required to
undertake this task.

Government's approach to inventorying will be to build and strengthen
existing initiatives, link inventory work wherever possible to job
creation, use innovative means to accelerate inventory work, and focus
inventory efforts on components of biodiversity important for its
conservation and sustainable use.

In collaboration with interested and affected parties, Government will:

  1. Enhance inventory efforts, giving priority to those components of
     biodiversity identified as threatened, as well as those components
     identified to be important for the conservation and sustainable use of
     biodiversity (See Objective 1.1).
  2. Maintain or enhance the capacity of museums and other institutions
     which undertake biodiversity surveys, and which classify, describe and
     store collected specimens.
  3. Optimise institutional arrangements to ensure that biodiversity
     inventory work is given the necessary support and commitment by
     Government.
  4. Enhance coordination among government agencies, museums, universities,
     collection-based institutions, and other organisations and individuals
     involved with biological inventories.
  5. Require foreign and local researchers to lodge voucher specimens3 or
     duplicate voucher specimens of all organisms collected or recorded in
     South Africa with appropriate national collections.
  6. Augment local capacity to conduct inventories by:
     (a) increasing the number and skill of professional taxonomists; and
     (b) encouraging the development and training of community workers
     ("parataxonomists") to collect and identify specimens, linking such
     action to the provision of jobs, skills and opportunities for the poor
     and disadvantaged.
  7. Promote the integration of traditional knowledge wherever possible
     into existing and proposed inventories.
  8. Support inventory work as an important benefit to be derived from
     biodiversity prospecting agreements.
  9. Develop rapid, cost-effective and reliable biological inventory
     methods and technologies.

4.2.3. Monitoring and evaluation

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Why monitor biodiversity?

Monitoring programmes are required not only to detect and measure changes
in biodiversity, but to evaluate the successes and failures of policies,
strategies, plans and programmes set up to achieve the conservation and
sustainable use of biodiversity. Monitoring is also important to enable
those who are custodians of biological resources to take appropriate action
to conserve such resources.

Biodiversity monitoring in South Africa

Many monitoring programmes under way in South Africa are of relevance to
the conservation and sustainable use of biodiversity. Several biodiversity
monitoring tools are based upon established inventories, including the Red
Data Book4 series, with books on plants, terrestrial mammals, birds,
reptiles, amphibians, freshwater fish and butterflies, and the fynbos and
karoo biomes; the South African Bird Atlas project; and the Protea Atlas
Project. Species-level action plans are additionally being developed at the
national, continental and global scale. Several broader environmental
monitoring programmes are also under way, including those relating to air
and water quality, climatic change, fisheries, land reform, and ecological
changes such as fire. These activities are conducted by numerous
governmental and non-government agencies, often independently of each
other.
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Policy and Strategy

Monitoring and evaluation are considered by Government to be essential
components of this policy. Numerous programmes are already under way which
support this commitment, but there is a need to strengthen these
initiatives in line with the objectives of this policy. In particular,
Government recognises the need to develop and implement approaches to
monitor components of biodiversity considered to require urgent
conservation measures and those which offer the greatest potential for
sustainable use.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. Promote and coordinate the development of international, national,
     regional and local monitoring programmes and strategies to assess
     biological trends, the impacts of human activities on biodiversity,
     and the successes or failures of conservation and sustainable use
     programmes. Monitoring programmes will, where appropriate:
     (a) develop and link up to the development of a national biodiversity
     information network;
     (b) develop and implement cost-effective approaches such as the use of
     biodiversity indicator groups and other early warning stress
     indicators;
     (c) update and review Red Data books, based upon the revised IUCN Red
     List categories5; and
     (d) track changes in management responses to the conservation and
     sustainable use of biodiversity.
  2. Report on biodiversity trends, as part of "State of Environment"
     reports.
  3. Maintain and strengthen the capacities of institutions engaged in
     monitoring components of biodiversity, and improve coordination among
     such bodies.
  4. Support efforts to build the capacity and draw on the knowledge of
     local communities and volunteers with respect to undertaking
     monitoring exercises.
  5. Establish assessment panels or monitoring committees, comprising
     representatives of non-governmental organisations, community groups,
     industry, the scientific community, and government.
  6. Support the independent monitoring and evaluation of biodiversity
     conservation and sustainable use policies, programmes and projects.

4.2.4. Data and information

Policy and Strategy

A substantial amount of data and information that is necessary for the
conservation of biodiversity and the sustainable use of biological
resources exists in South Africa . This is held by many governmental and
non-governmental agencies in herbaria or museum collections, on electronic
databases, and in libraries or other resource centres. However, much of
this information is in a form which cannot be easily used by managers,
researchers, decision-makers or the general public. The situation is
aggravated by the fact that many of the initiatives to collect data and
information on biodiversity are uncoordinated. Government will take
measures to redress this situation and to improve the accessibility of data
and information for those who need it.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. Investigate and implement the development of a national biodiversity
     information network to enhance the collection, sharing, analysis and
     distribution of data and information required for the conservation and
     sustainable use of biodiversity.
  2. Establish a national focal point within the Department of
     Environmental Affairs and Tourism to act as a clearing house for
     technical and scientific information relating to the conservation and
     sustainable use of biodiversity.
  3. Ensure that data and information generated by publicly funded studies
     is made available to potential users through appropriate arrangements.
     Such arrangements will take into account the need for differential
     access to information, and will distinguish between information
     required for research purposes and that which could be used for
     commercial gain.
  4. Maintain, improve and wherever possible standardise and digitise
     existing biodiversity databases.
  5. Support the establishment or strengthening of local resource centres
     to make information on biodiversity more accessible, usable, and
     locally relevant.

4.2.5. Traditional knowledge

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South African traditional knowledge

South Africa has a vast traditional knowledge of biodiversity which has
developed over millennia. Sadly, much of this knowledge has been fractured
by South Africa's colonial and apartheid past and by increased
urbanisation, and today only pockets of traditional knowledge still exist,
generally amongst older people in rural areas and traditional healers.

Customary practices to maintain or enhance biodiversity have similarly been
impacted by previous policies, particularly in instances where people were
forcibly removed from their land and denied access to resources such as
medicinal and edible plants, thatching grass, and hunting and grazing
grounds. Past policies also resulted in the banning of traditional
medicine, despite the fact that over 80% of South Africans depend upon
traditional herbal remedies for their primary health care.

An issue of particular contention relates to the fact that the considerable
benefits which modern society has gained from the traditional knowledge and
innovations of South Africa's people have resulted in few, if any, of such
benefits being returned to the people from whom knowledge was derived.
Indigenous knowledge of plants and their patterns of use assisted colonial
botanists in South Africa to identify species of commercial potential, the
benefits of which were reaped solely by foreign companies. There is
currently substantial interest from foreign companies in the genetic
resources of South Africa, and firm evidence that sampling guided by
traditional knowledge substantially increases the efficiency of screening
plants for medicinal treatments. However, there is no legal protection in
South Africa for traditional knowledge, which is often not confined to a
single community or person. Furthermore, conventional intellectual property
right regimes do not correspond well to the innovations of traditional
cultures.

There is therefore a clear need to strengthen traditional and customary
knowledge, practices and cultures by protecting and recognising the value
of such systems and preventing their loss. This may be achieved by ensuring
that benefits arising from the innovative use of traditional and customary
knowledge of biodiversity are equitably shared with those from whom
knowledge is gleaned, and also by incorporating traditional knowledge and
practices into biodiversity research and conservation programmes.
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Policy and Strategy

Government recognises the irreplaceable and unique value of the traditional
and customary knowledge, practices and cultures of South Africa's people,
and is acutely concerned about the rapid loss of such systems. The need to
formally recognise and protect traditional and customary knowledge is
considered to be an issue which needs urgent attention. The adoption of
measures to enable equitable benefit-sharing is a crucial part of this
approach, as described for Goal 3.

To respond to these concerns, Government, in collaboration with interested
and affected parties, will:

  1. (a) Investigate, through the Statutory Advisory Committee on
     Intellectual Property Rights of the Department of Trade and Industry,
     the development of a system to provide legal protection for collective
     intellectual property rights; and
     (b) Explore further mechanisms to protect traditional and customary
     knowledge, practices and cultures concerning the conservation and
     sustainable use of biodiversity.
  2. (a) Promote the development of a code of ethics for researchers
     engaged in work concerning traditional and customary knowledge,
     practices and cultures;
     (b) Ensure that information concerning traditional and customary
     knowledge, practices and cultures is used for research only with the
     consent, cooperation and control of holders of that knowledge.
     Wherever possible, the use and collection of such knowledge will
     result in social, economic or environmental benefits to the
     traditional owners;
     (c) Encourage, with the consent and involvement of those from whom
     knowledge is gleaned, the recording of traditional and customary
     knowledge, practices and cultures concerning the conservation and
     sustainable use of biodiversity; and
     (d) Ensure that this recorded knowledge is made accessible to those
     people from whom it is gleaned.
  3. Ensure that curricula promote an understanding and appreciation of the
     importance of traditional and customary knowledge, practices and
     cultures that promote the conservation and sustainable use of
     biodiversity.
  4. Promote the integration of traditional and customary knowledge,
     practices and cultures concerning the conservation and sustainable use
     of biodiversity into scientific research programmes and formal sector
     innovations.

4.3. DEVELOPING MANAGEMENT CAPACITY

* Policy objective 4.3

Enhance the capacity necessary to conserve and use South Africa's
biological diversity sustainably

4.3.1. Training

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Biodiversity training needs in South Africa

A major constraint to the implementation of South Africa's biodiversity
policy is the dearth of trained South Africans to carry out the tasks
required, and a lack of available career opportunities in biodiversity
management. A strong cadre of natural scientists exists in South Africa,
but few researchers are exposed to the practical problems of management, or
have the breadth of knowledge required to address biodiversity conservation
problems. There is also a dire shortage of taxonomists in the country. The
situation is further aggravated by the fact that the recruitment of black
South Africans to the conservation sector has been poor, largely as a
result of previous discriminatory policies, and the restricted career
opportunities offered by the sector. The lack of capacity to implement
conservation measures is particularly stark at the local level, where many
of the actions to remedy biodiversity loss will be required.
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Policy and Strategy

Government is committed to human resource development and to providing
training and developing skills required for biodiversity management.
Training will be done in partnership with educational institutions, the
private sector and non-governmental organisations, and will be provided in
formal institutions, at the workplace through in-service training
programmes, and at a local level. Training is recognised as important not
only for those charged with managing the use of natural resources, but for
senior decision-makers, industrialists, and local communities.

To achieve this, Government, in collaboration with interested and affected
parties, will:

  1. Encourage a review and reorientation of the curricula of existing
     training programmes concerning biodiversity conservation and human
     interactions with the natural environment, with particular emphasis on
     multidisciplinary approaches.
  2. Support the development of short-term training courses in biodiversity
     management tailored to the needs of particular groups such as
     business, communities, teachers, resource managers, non-governmental
     organisations, and senior decision-makers.
  3. Maintain the skills of those with expertise in biodiversity
     management, and improve the capacity of public servants,
     non-governmental organisations, and communities to conserve and
     sustainably use biodiversity.
  4. Develop strategies to improve training and professional development in
     careers compatible with the conservation and sustainable use of
     biodiversity.
  5. Provide incentives to attract qualified individuals to careers in
     biodiversity management by ensuring that biodiversity management
     offers a coherent career path.
  6. Support existing institutions that provide training for biodiversity
     management.
  7. Facilitate and support the development of taxonomic training
     programmes for professional taxonomists and parataxonomists.

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                                  GOAL 5:

     CREATE CONDITIONS AND INCENTIVES THAT SUPPORT THE CONSERVATION AND
                      SUSTAINABLE USE OF BIODIVERSITY

The effective implementation of the biodiversity policy requires the
creation of conditions and incentives that support the conservation and
sustainable use of biodiversity. South Africa's approach towards achieving
this goal has two main components:

   * promoting and developing economic opportunities that are compatible
     with and which complement the conservation and sustainable use of
     biodiversity; and
   * creating incentives that support the conservation and sustainable use
     of biological diversity.

5.1. BENEFICIATING BIODIVERSITY

* Policy objective 5.1

Promote and develop economic opportunities that are compatible with and
which complement the conservation and sustainable use of biodiversity

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Adding economic value to South Africa's biodiversity

Examining the economic aspects of biodiversity is becoming increasingly
important within the South African context. As the custodian of a national
asset, the State has a responsibility to increase the financial investments
required to conserve biodiversity. However, this must be reconciled with
the fact that the basic needs of South Africa's people have not yet been
met. Innovative ways must therefore be found to add economic value to
biodiversity, and to promote and develop economic activities that are
compatible with and which complement the conservation and sustainable use
of biodiversity.

There are many opportunities to do this. In some instances, such as the
informal medicinal plant trade, a thriving industry exists but the
importance of traditional medicine for primary health care is poorly
recognised. Consequently, few measures are in place to ensure that
resources are harvested sustainably, that the cultivation of harvested
species is promoted, and that the local economic value of such resources is
maximised. In other cases, such as biodiversity prospecting, opportunities
to reap benefits are not optimised because of the absence of an enabling
policy framework that controls access to genetic resources and sets
conditions for benefit-sharing and sustainable use. This uncertainty is a
major deterrent to potential investors. And in industries such as tourism,
South Africa's natural beauty and well-developed protected area system are
renowned drawcards for tourists, but the full spectrum of benefits arising
from tourism-related activities are often only partially realised.

These examples, and many others such as the under-development of indigenous
crops (e.g. sorghum, millet), livestock breeds (e.g. ostrich), floral
varieties, and ornamental plants point towards the fact that South Africa
has largely failed to develop and benefit from its biological diversity.
This has been due in part to the country's isolation from the international
community and the effect of accompanying sanctions, but also because there
have been few incentives established, and little interest in the domestic
development of such resources. Many missed opportunities have resulted from
this neglect. Clearly, we can ill-afford not to reap the full spectrum of
benefits available from the inordinate potential value of our biodiversity.
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Policy and Strategy

Government recognises that South Africa's biodiversity presently provides
substantial economic benefits for its people, and holds remarkable future
economic potential if adequate investments are made in its further
development and conservation. There can be few countries in the world which
have the combined benefits of democracy, a comprehensive scientific
capacity and knowledge base, a well-developed private sector, a
well-established system of protected areas, and most importantly, some of
the most biologically diverse resources to be found on Earth. Government
policy will require that these resources are used to best effect in the
alleviation of poverty and conservation of the country's biodiversity, and
will enlist the support of the private sector in doing so wherever this is
appropriate.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. (a) Continue to support programmes that utilise indigenous and
     traditional wildlife sustainably for subsistence purposes and
     commercial gain;
     (b) Encourage the development of indigenous and traditional wildlife
     utilisation programmes, natural product industries, and agricultural
     programmes which show economic potential and which create economic and
     other incentives for the retention, rehabilitation, maintenance and
     management of natural habitats; and
     (c) Support research which identifies new areas of economic potential
     for South Africa's indigenous and traditional biological and genetic
     resources.
  2. Ensure the rapid establishment of institutional structures and legal
     arrangements to control access to genetic resources, and to thereby
     create the conditions for equitable benefit-sharing arrangements to be
     developed.
  3. Through effective implementation of its tourism policy:
     (a) develop tourism as a sustainable and responsible economic
     activity;
     (b) support the integration of tourism into broader land-use plans,
     and the development of tourism as a competitive form of land use;
     (c) promote the linking of tourism benefits to the environmental
     products it depends upon, and the cross-subsidisation of conservation
     by tourism;
     (d) require tourism projects to be subject to Integrated Environmental
     Management procedures; and
     (e) encourage the development of partnership tourism ventures between
     local communities, the private sector and conservation agencies.
  4. Recognise and quantify the local economic value derived from the use
     of biological resources (e.g. traditional medicines, building
     materials, wild food) by the informal sector in development and
     land-use planning efforts. This will include consideration of the
     social, economic and environmental costs and benefits of having to use
     alternative resources if natural biological resources are lost or
     degraded.
     (a) Introduce measures to encourage local communities to add economic
     value to products harvested from the wild, or cultivated off site,
     whilst ensuring the sustainable use of such resources; and
     (b) Promote the local beneficiation of genetic resources developed for
     commercial gain.
  5. Support efforts of the Medicines Control Council to develop a
     regulatory framework for the approval of traditional herbal medicines.
     In so doing recognition will be given to the substantial dependence
     upon indigenous plants in South Africa, and the safe use of indigenous
     herbal medicines will be promoted.
  6. Balance the need to encourage private sector investment in South
     Africa's genetic resources through conferring intellectual property
     rights for novel inventions with that of ensuring equitable
     benefit-sharing and the transfer of appropriate technology.

5.2. INCENTIVES

* Policy objective 5.2

Create incentives that support the conservation and sustainable use of
biological diversity

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The importance of incentives

South Africa has a substantial amount of legislation in place governing the
use and conservation of natural resources. However, as is the case for
other countries, these "command and control" mechanisms have not been
adequate to address the underlying forces resulting in the loss of
biodiversity.

New approaches, such as those embraced by the Convention on Biological
Diversity, are increasingly turning towards the use of incentives as
instruments and mechanisms to induce people to change their behaviour.
Because people behave rationally by basing decisions on an assessment of
costs and benefits, the introduction of incentives by Government is an
important way in which people can be motivated to conserve and use
biodiversity sustainably.

Some incentives are direct, and can be either financial, such as providing
subsidies to restore threatened habitats, or in kind, such as providing
nursery plants to traditional healers. Other incentives are indirect, and
may be fiscal (e.g. tax breaks for funding conservation projects),
service-orientated (e.g. awareness raising and skills training), voluntary
(e.g. private nature reserves), or social (e.g.improving quality of life
through tenure reform). In contrast, disincentives encourage desirable
behaviour. A pollution tax for example, motivates businesses to reduce
pollution. Some incentives, sometimes called "perverse incentives",
actively encourage the depletion of biodiversity (e.g. drought relief
subsidies).

Incentives for conserving biodiversity already exist in South Africa, and
are applied with varying success. For example, conservancies, private
nature reserves and South African Natural Heritage Sites accord recognition
to landowners taking actions to conserve biodiversity. Similarly, education
programmes and extension services provide motivational incentives to
conserve biodiversity. Conservation strategies determine priorities and
provide direction, and various tax concessions, aid and compensation
schemes provide financial incentives for conservation. However, the
effectiveness of these mechanisms is not known, and there are many
"perverse incentives" in place which may counter such efforts.
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Policy and Strategy

Government is aware of the need to pursue innovative approaches to prevent
the further loss of biodiversity in South Africa, and is of the opinion
that regulatory approaches are a necessary, but insufficient mechanism to
ensure biodiversity conservation. In conjunction with legislation, the use
of economic instruments as well as non-fiscal incentives such as education
and tenure reform, are considered important mechanisms to be used for the
conservation and sustainable use of biodiversity, and the promotion of new
uses of biological resources. In introducing new incentives, Government
will give consideration to (a) the need to remove existing incentives that
discourage biodiversity conservation; and (b) the need to use an array of
different instruments, based upon bioregional and social characteristics as
well as the nature of the threat to biodiversity, to encourage biodiversity
conservation in different areas.

Government acknowledges that insufficient financial resources are presently
invested in conserving biodiversity and ensuring its sustainable use. As
the custodian of a national asset, and party to the Convention on
Biological Diversity, the State recognises its responsibility to increase,
through a number of external and internal financing mechanisms, the
financial resources necessary to achieve the goals of this policy.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. Optimise the use of existing funds allocated for conservation-related
     activities, based upon identified priorities for biodiversity
     conservation.
  2. Identify and wherever possible remove incentives that encourage the
     loss of biodiversity and the unsustainable, inefficient, and
     inequitable use of biological resources, taking into consideration
     social, economic and environmental costs and benefits.
  3. Maintain, adjust or develop new financial and other incentives that
     support the conservation and sustainable use of biodiversity, and
     stimulate local stewardship of terrestrial, aquatic and marine and
     coastal areas.
  4. Investigate and institute innovative mechanisms to raise new finances
     for biodiversity conservation, including:
     (a) the use of taxes, levies, and charges linked to activities
     directly affecting biodiversity, to generate revenue for biodiversity
     conservation;
     (b) the establishment of a Biodiversity Trust Fund;
     (c) royalties generated through biodiversity prospecting activities;
     and
     (d) the introduction of conditions and incentives (e.g. tax relief) to
     strengthen the involvement of the private sector in the conservation
     and sustainable use of biodiversity.
  5. Develop measures that would enhance the capacity of existing
     conservation agencies to receive, generate, invest and employ funds to
     promote their objectives, and to enter into contractual arrangements
     with private landowners;
  6. Support efforts of the Land Reform Programme to encourage investment
     in land resources through extending security of tenure to all South
     Africans.
  7. Support the development of methods to determine the social, economic,
     and environmental values of biodiversity, and the application of such
     methods to support the conservation and sustainable use of
     biodiversity.

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                                  GOAL 6:

    PROMOTE THE CONSERVATION AND SUSTAINABLE USE OF BIODIVERSITY AT THE
                            INTERNATIONAL LEVEL

Policy and Strategy

Government recognises that the conservation of biodiversity is a global
issue, requiring global action. Countries depend upon each other's
biodiversity, and the loss of biodiversity represents a loss to all people.
Moreover, the impacts of ecosystem degradation reach beyond national
boundaries, requiring transfrontier cooperation to be a necessary component
of this policy.

In ratifying the Convention on Biodiversity, Government demonstrated a
commitment to safeguarding the planet's biotic wealth, recognising that the
conservation of global biodiversity is a common concern of all nations.
This commitment is reflected in the active participation of South Africa in
the range of international agreements to which the country is a party, and
in numerous other scientific and technical collaborations. Nonetheless,
years of political isolation from the international community have meant
that South Africa must strengthen efforts to cooperate on environmental
matters at the international level. In addition to global cooperation,
Government will continue to work as a member of the Africa group in
international forums, of the Organisation of African Unity, and of the
Southern African Development Community, to solve the problems of
biodiversity loss on the continent and in the region, and to advance the
interests of Africa internationally.

To achieve the objective, Government, in collaboration with interested and
affected parties, will:

  1. Review the status of South Africa's participation in all bilateral and
     multilateral agreements relevant to the conservation and sustainable
     use of biodiversity, and ensure that activities undertaken are
     mutually supportive and harmonised.
     (a) Actively participate in new agreements and arrangements that are
     relevant to the conservation and sustainable use of biodiversity, and
     that are in keeping with the needs and priorities of South Africa's
     people;
     (b) Promote the speedy ratification of agreements relevant to the
     conservation and sustainable use of biodiversity to which South Africa
     is a signatory; and
     (c) Support the participation of civil society in negotiations and
     discussions concerning the development and ratification of new
     international agreements.
  2. Support efforts to establish a Southern African regional forum to
     consider biodiversity issues of relevance to the region, including
     international funding, regional approaches to regulate access to
     genetic resources, joint management strategies, regional tourism
     linkages, and bioregional approaches to environmental management.
  3. Maintain and strengthen South Africa's participation in multilateral
     efforts concerned with the conservation and sustainable use of
     biodiversity, through international organisations such as the United
     Nations Commission on Sustainable Development, the United Nations
     Environment Programme, UNESCO, the Food and Agriculture Organisation,
     the International Maritime Organisation, the Global Environment
     Facility, the World Conservation Union, as well as through various
     international programmes.
     (a) Encourage collaboration among the private sector, research
     institutions, government and non-governmental organisations, and
     communities to promote the transfer of environmentally sound
     technologies; and
     (b) Identify and implement steps to remove impediments to technology
     transfer.
  4. Compile a national inventory of all governmental and non-governmental
     areas of international cooperation concerning the conservation and
     sustainable use of biodiversity, with a view to identifying gaps in
     cooperation and strengthening existing efforts.
  5. Enhance international collaboration in scientific and technical
     research related to biodiversity.
  6. Pursue external financing sources through bilateral and multilateral
     agencies, the Global Environment Facility, and the private sector, to
     secure funding for programmes and projects identified as priorities by
     the South African community.
     (a) Encourage the participation of non-governmental organisations in
     international fora convened to report on and discuss existing
     agreements relating to the conservation and sustainable use of
     biodiversity, and in international efforts to implement the
     Convention.
     (b) Wherever possible, provide assistance to such NGOs to consult with
     and report back to a broader constituency.

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Footnotes:

1 The total genetic complement of the cell(s) of organisms.
2 Small sections of DNA that contain hereditary information which can be
  passed from one generation to another. 
3 Vouchers are collections of   organisms that are maintained to provide 
  permanent, physical documentation   of species identification and 
  associated data resulting from inventories.
4 Red Data Books provide information on the current status and conservation
  requirements of threatened species and ecosystems. This can be at a global
  or a national level
5 In 1994 a new system of categorising threatened species was introduced by
  the IUCN (the World Conservation Union). The new system describes objective
  methods and criteria for assigning species to threatened categories, and is
  an attempt to address criticisms that previous methods were too

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                                 CHAPTER 4

                          IMPLEMENTING THE POLICY

4.1. Introduction

The implementation of the Convention on Biological Diversity, through this
policy and strategy, lies in the sphere of responsibility of a variety of
agencies, from national through to provincial and local level. In terms of
South Africa's Constitution, many functions of relevance to biodiversity
conservation are a concurrent legislative competence of national and
provincial government. The Constitution also demarcates several relevant
areas as being an exclusive national competence, such as marine resources,
national parks, and national botanical gardens; of exclusive provincial
jurisdiction, such as provincial planning; and provides for the
administration of certain functions at the local government level, such as
beaches and municipal parks. This means that cooperative governance at
national, provincial, and local levels will be necessary for the effective
implementation of this policy. Cross-sectoral cooperation within each level
of government will also be crucial, given that biodiversity issues are of
relevance to virtually every government institution.

Many of the actions required by this policy are already being financed and
implemented by the Department of Environmental Affairs and Tourism, and by
the provincial departments of environment and conservation. However,
several new tasks are required which are essential to South Africa meeting
her international obligations, and to achieving the goals and objectives of
this policy. For these tasks to be fulfilled it is imperative that the need
for new and additional financial resources be taken into consideration in
the allocation of future government department budgets.

One of the most far-reaching provisions of the Convention on Biological
Diversity requires Parties to integrate the conservation and sustainable
use of biodiversity into relevant sectoral or cross-sectoral plans,
programmes and policies. A key recommendation to emanate from this policy
proposes that this be achieved by the drafting of a biodiversity plan by
relevant government institutions, based upon guidelines developed by the
Department of Environmental Affairs and Tourism. It is also proposed that
such plans reflect the integration of biodiversity considerations in
relevant sectoral budgets. A political commitment to achieving this,
through the allocation of necessary budgets, is fundamental to the
successful implementation of this policy.

4.2 Roles of the Key Players

4.2.1 The role of Government

NATIONAL GOVERNMENT

The Department of Environmental Affairs and Tourism

As the institution charged with administering the Convention on Biological
Diversity, the Department of Environmental Affairs and Tourism will play a
strong leadership role in ensuring that the provisions of this policy are
implemented effectively. Through its Environmental Management and Sea
Fisheries Chief Directorates, the Department is already actively engaged in
implementing many of the provisions required by the Convention. New actions
articulated by this policy will, however, require existing priorities to be
realigned and new and additional financial resources to be committed to and
by the Department.

As the "champion" of biodiversity, the Department will play a proactive
role in:

   * promoting global, regional, and national cooperation and coordination
     with regard to the conservation of biodiversity;
   * formulating and reviewing policy;
   * strengthening communication networks with the provinces, and other
     national government departments and institutions;
   * promoting and facilitating the integration of biodiversity
     considerations into sectoral and cross-sectoral plans, programmes and
     policies;
   * establishing, administering and managing required coordinating
     structures; and
   * organising the participation of national and provincial government in
     relevant international fora.

Other national government departments

Because of the cross-sectoral nature of biodiversity, several other
national government departments will play a vital role in the
implementation of this policy. These include the Departments of
Agriculture; Land Affairs; Water Affairs and Forestry; Trade and Industry;
Foreign Affairs; Health; Transport; Housing; Welfare and Population
Development; Arts, Culture, Science and Technology; Finance; as well as the
South African National Defence Force. Of crucial importance will be their
commitment to cooperating with one another, and to developing
sectoral-specific plans and budgets to reflect how biodiversity
considerations will be incorporated into the activities of departments.

Statutory bodies

The two statutory bodies directly affected by the provisions of this policy
are the National Botanical Institute and the National Parks Board. These
agencies will continue to play a crucial role in ensuring that South
Africa's biological heritage is conserved and used sustainably. To achieve
the goals of this policy, this may require in some instances that existing
priorities be reassessed. An important role of the National Parks Board
will be to strengthen cooperation with provincial conservation agencies, so
as to enable an effective and representative protected area system to be
developed.

PROVINCIAL GOVERNMENT

In many respects, the functions of the provincial government with regard to
the implementation of this policy will be similar to those of national
government, although emphasis at provincial level will be on formulating
policies and strategies which are locally applicable and which are in
accordance with national biodiversity objectives. Furthermore, the
provinces will play a far greater role in undertaking the execution of the
policy. Many of the actions required by the policy are already being
undertaken by the provincial environment and conservation departments.
However, such departments are over-stretched and their execution of new
tasks will require considerable capacity to be built and additional
financial resources to be provided.

Through the provincial legislature and necessary coordinating structures,
environment and conservation departments in each province will play an
important role in developing strong collaboration between other departments
responsible for activities concerning the conservation and use of
biodiversity within the province. Other provincial departments will also be
affected by the provisions of this policy through measures introduced by
their national departments, and by legislation.

In addition to these roles, provincial environment and conservation
departments will continue to play an essential function throughout the
provinces in terms of providing conservation extension services, regulating
and monitoring the use of biological resources, preventing the loss of
biodiversity, and developing and managing protected areas. Their primary
function will be to conserve the country's biodiversity, and to participate
in and coordinate efforts so as to ensure the development and management of
an effective and representative protected area system. An additional
function of conservation agencies will be to promote sustainable
development outside protected areas, through the forging of appropriate
partnerships with communities, NGOs, the private sector, and other
government departments. Building such partnerships may require the
involvement of communities in the management of protected areas.

LOCAL GOVERNMENT

Local government is faced with particular difficulties in implementing this
policy. In rural areas in particular minimal capacity, infrastructure, or
resources exist to enable many of the provisions of this policy to be
implemented effectively. According to local circumstances and capacity,
some functions of local government will be to:

   * ensure that biodiversity considerations are effectively integrated
     into local strategies, plans and programmes;
   * institute and participate in public education, awareness and training
     programmes;
   * develop management plans for local resources that are under pressure;
   * ensure that biodiversity considerations are integrated into land-use
     planning procedures for rural and urban areas; and
   * encourage and prepare municipal open space systems which play a
     positive role in conserving and using biological resources
     sustainably.

4.2.2. The role of other key players

Strong partnerships will be required not only between government agencies,
but between non-governmental organisations, community-based organisations,
women's groupings, holders of traditional knowledge, the private sector,
the scientific community, and private individuals. This support is
especially needed in light of the limited capacities of government to
implement the required steps. Government's policy will be to enter into
partnership arrangements wherever necessary with different groupings, and
to ensure that mechanisms and procedures are in place which facilitate this
cooperation.

The scientific community

The knowledge and expertise contained within South Africa's universities,
museums, conservation and other government agencies, parastatals,
non-governmental organisations, and other research institutions is
fundamental to implementing this policy. The primary role of the scientific
community will be to provide the information required to achieve the goals
and objectives of this policy. It is the intention of Government to build
on this body of excellence to improve knowledge and understanding of South
Africa's biodiversity, and to draw upon available capacity to provide
guidance to policy-makers and resource managers.

Business and industry

Business and industry will play two key roles in the implementation of the
policy. First, to fully comply with the environmental regulations
prescribed by government; and second to accept a social responsibility for
biodiversity by adopting additional voluntary measures wherever possible
and appropriate.

Non-governmental organisations

Some of the most successful efforts in South Africa to conserve and
sustainably use biodiversity have come about through the commitment of
conservation and development NGOs. Such organisations will continue to play
a crucial role in realising the goals and objectives of this policy,
through the implementation of specific projects and programmes. NGOs will
also provide an essential independent monitoring and "watchdog" role, to
ensure adherence to the commitments articulated in this policy. Those with
insights into the implementation of specific aspects of the policy will be
invaluable in providing advice and expertise to Government. A particularly
crucial role will be played by those NGOs engaged in development work, and
in capacity-building and environmental educational and training programmes.

Communities

Communities, hitherto excluded from policy discussions concerning
biodiversity conservation, are also expected to play a vital role in the
conservation and sustainable use of biodiversity. How this is effected will
vary from community to community. In some instances, communities will play
an important role in managing and using local resources to ensure their
conservation and sustainable use. In other cases, local knowledge and
skills will be invaluable in assisting monitoring and inventory work, such
activities also providing jobs for people. And in certain circumstances,
communities have a key role to play in rehabilitating degraded ecosystems.
Fulfilling such actions will require increased and improved training
opportunities to be created, and the creation of related economic
opportunities to allow for skills to be used.

Traditional healers, farmers and others holding traditional knowledge

Traditional healers, farmers, and others holding traditional knowledge will
play an especially important role in developing guidelines for the
protection and use of traditional knowledge, and procedures for
benefit-sharing. In addition, these groups will play a vital monitoring
role, to ensure that provisions of this policy concerning traditional
knowledge and benefit-sharing are implemented satisfactorily. This will
require improved coordination and mobilisation between relevant
organisations and individuals, and support to enable such actions to occur.

Women

Women, and rural women in particular, play a vital role in the conservation
and sustainable use of biodiversity. Often being responsible for gathering
fuelwood, building materials, medicines or food, they are also frequently
most directly affected by a local loss in biodiversity. Their involvement
in the implementation of this policy and strategy will be key to ensuring
that the use of resources for subsistence purposes is sustainable, and that
livelihoods are secured. As mothers and educators, women also have a
central role to play

in raising awareness amongst future generations as to the importance and
value of conserving and sustainably using the country's biodiversity. Their
role in decision-making requires particular emphasis, given the fact that
women have thus far been largely marginalised from decisions concerning the
conservation and sustainable use of South Africa's biodiversity.

4.3. Institutional Changes Required

4.3.1. Existing constraints

There are a number of major constraints hindering the effective
implementation of this policy:

  1. Inter-institutional conflicts of interest have resulted in strained
     intergovernmental relations concerning environmental matters. It is
     imperative to improve coordination and build understanding between
     institutions responsible for activities concerning the conservation
     and use of biodiversity.
  2. The linking of conservation to other competencies such as tourism and
     agriculture has resulted in considerable competition in the allocation
     of funding. In addition, the establishment of new environmental
     departments in many of the provinces has resulted in a dwindling of
     the funds assigned for conservation, rather than new and additional
     funding being allocated from provincial and central government
     coffers.
  3. There has been a perceptible drainage of essential expertise from
     government, as part of the rationalisation process. This has affected
     the ability of government to implement the provisions of this policy
     effectively.
  4. The tendency of government departments to keep functions exclusive has
     thwarted efforts to integrate biodiversity and environmental
     considerations cross-sectorally.
  5. There has been a lack of government capacity to monitor implementation
     and no structured mechanism to independently evaluate government
     performance.
  6. The Committee for Environmental Coordination (CEC), which is
     constituted under the Environment Conservation Act (No. 73 of 1989) to
     coordinate policy at the inter-institutional level, is widely
     considered to be weak and ineffectual. A major shortcoming of the
     Committee lies in the fact that it has little political recognition,
     and thus is not accorded importance by other departments. Additional
     concerns have been raised about the fact that the committee does not
     explicitly provide for non-governmental representation.

4.3.2 Institutional structures

Not all of these constraints can be easily addressed, but all point towards
a number of institutional deficiencies requiring:

   * political will and commitment at the ministerial level;
   * improved coordination and communication between and across the
     different levels of government;
   * a structured mechanism, wherein input from non-governmental parties
     such as industry, NGOs, communities, holders of traditional knowledge,
     women, and the scientific community can be solicited to guide
     implementation;
   * an independent mechanism to monitor and evaluate government's
     performance with regard to the implementation of this policy; and
   * a strengthening of government's role and capacity in biodiversity
     management.

Guiding the model proposed to address such deficiencies is the principle
that wherever possible existing structures should be strengthened to
undertake the required tasks, and existing capacity should be enhanced. In
the interests of prudent administration, a proliferation of institutional
structures should be guarded against, and new structures should be
introduced only where appropriate and absolutely necessary.

The model includes:

   * A Cabinet Committee for Environment Affairs, functioning under the
     chairmanship of the Minister of Environment Affairs and composed of
     (a) all national government ministers responsible for activities
     affecting the environment or for activities concerning the
     conservation of the environment, and (b) the nine provincial MECs for
     the environment;
   * A strengthened Committee for Environmental Coordination (CEC), which
     is to provide the substructure of officials for the Cabinet Committee.
     The CEC should function under the chairmanship of the Director General
     of the Department of Environment Affairs and should be composed of (a)
     the Directors General of all national government departments
     responsible for activities affecting the environment or for activities
     concerning the conservation of the environment, and (b) the heads of
     the environmental or conservation components of the nine provincial
     governments. The Cabinet Committee and the CEC should interact through
     the Minister on issues pertaining to, amongst others, biodiversity
     policy and the coordination of government actions relating to the
     conservation and use of biodiversity. The CEC should be authorised to
     establish specialised sub-committees to address more specific issues
     (e.g. biodiversity, population, education, etc.) and to coopt
     expertise on the sub-committees or on task groups established by
     sub-committees.
   * A small, independent watchdog or environmental protector, located at
     national government level and responsible for reviewing government
     actions and sectoral biodiversity plans. This body would report
     directly to the Cabinet Committee, and would be accessible to the
     public for complaints; and
   * A National Environmental Advisory Structure, comprising
     representatives from civil society (e.g. NGOs, CBOs, trade unions,
     business, industry, holders of traditional knowledge, women, the
     scientific community) and advising the Minister of Environment Affairs
     on environmental policy matters. Criteria used to select members of
     this structure may include expertise in or exposure to environmental
     issues; provincial representativeness; etc.

4.4. Priority actions

All of the policy objectives articulated by this policy are important, but
many are not immediately achievable, and others are dependent upon first
putting in place the necessary building blocks and removing existing
constraints.

In singling out those issues requiring urgent attention, consideration has
been given to (a) the needs expressed by the consultative process; (b)
those actions likely to achieve the greatest impact with regard to stemming
the loss of biodiversity; and (c) obligations of the Convention on
Biological Diversity which South Africa has not yet met, and for which
there is a pressing need. Five achievable priorities have been identified.

By the year 2000 South Africa will have:

  1. Obtained a political commitment from all relevant ministers and
     provincial MECs towards achieving the objectives of this policy. This
     will be in the form of approved sectoral plans and budgets for all
     relevant central government departments and provincial institutions;
  2. Strengthened and rationalised South Africa's protected area system;
  3. Established legislative and administrative mechanisms to control
     access to South Africa's genetic resources;
  4. Instituted a national biodiversity education and awareness plan; and
  5. Ratified the Biosafety Protocol and instituted appropriate measures
     for its implementation, including the creation of sufficient capacity
     to manage risks and to undertake risk assessments.

Given the cross-sectoral and diffuse nature of many of these actions, it is
not possible to provide an exact estimate of the costs involved in their
implementation. What is clear, however, is that a substantial investment
will be required to achieve this policy.

Can we afford implementation in the face of extremely pressing and
sometimes conflicting development needs? Perhaps this question is best
turned around, in light of our absolute dependence upon biodiversity for
basic human needs, survival, and development: Can we afford not to act
immediately? The answer, it seems, is plain. By addressing the agenda
articulated in this policy it is possible, and it must be possible, for
South Africa to achieve its vision of a nation which derives lasting
development and environmental benefits from the conservation and
sustainable use of its rich biological diversity.

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Appendices

Appendix 1. Reader's Guide to Terms Used in this Document

 Alien organisms
                    Plants, animals and microorganisms which do not
                    naturally occur in an area, and which are deliberately
                    or accidentally introduced by humans to ecosystems
                    outside of their natural range.

 Biogeographic
                    Concerning both geographical (e.g. climate, ocean
                    currents), and biological (e.g. animals, plants)
                    components and the inter-relationship of these
                    components with humans.
                    The totality of genes, species and ecosystems in a
                    region or the world.
 Biological
 Resources
                    Any biological components with use or value for
                    humanity.

 Biome
                    Any major ecological community of organisms, usually
                    characterised by a dominant vegetation type.

 Biotechnology
                    Technology that uses biological systems, living
                    organisms, or derivatives thereof, to make or modify
                    products or processes for use.

 Cell
                    A cell is a small unit of living matter potentially
                    capable of self-reproduction. Cells contain DNA, where
                    information is stored, ribosomes, where proteins are
                    made, and energy conversion mechanisms.

 Conservation
                    The management of human use of the biosphere to yield
                    the greatest benefit to present generations while
                    maintaining the potential to meet the needs and
                    aspirations of future generations. Conservation thus
                    includes sustainable use, protection, maintenance,
                    rehabilitation, restoration, and enhancement of the
                    natural environment

 DNA
                    DNA is the abbreviation for deoxyribonucleic acid, a
                    long chainlike molecule found in cells, storing all
                    the information necessary for life.

 Endemic
                    Any plant or animal species confined to, or exclusive
                    to, an area.

 Enhancement
                    Increasing the capacity of an ecosystem or population
                    to fulfil a particular function or yield a specified
                    product.
 Ex-Situ
 Conservation
                    The conservation of components of biodiversity off
                    site, or outside their natural habitats.

 Fynbos
                    Fynbos is the main vegetation type of the
                    south-western Cape and of the Cape Floristic Region.

 Genes
                    Genes are small sections of DNA that contain
                    hereditary information which can be passed from one
                    generation to another.

 Genetically
 Modified Organisms
                    Organisms whose genetic makeup has been altered by the
                    insertion or removal of small fragments of DNA in
                    order to create or enhance desirable characteristics.

 Genetic Resources
                    The useful characteristics of plants, animals and
                    microorganisms that are transmitted genetically.

 Genebank
                    A collection point for the ex-situ conservation of
                    seeds, tissues, or reproductive cells of plants or
                    animals.

 Genome
                    The total genetic complement of the cell(s) of
                    organisms.

 Germplasm
                    A term used to refer to the genetic information of an
                    organism - the total genetic variability of a species.

 Habitat
                    The place or type of site where an organism or
                    population naturally occurs.
 In-Situ
 Conservation
                    The conservation of ecosystems, habitats and species
                    in their natural surroundings.
 Indigenous
                    Native to a particular area.
 Maintenance
                    Keeping something in good health or repair.
 Preservation
                    Keeping something in its present state.

 Prior Informed
 Consent
                    Prior informed consent is consent to an activity that
                    is given after receiving full disclosure regarding the
                    reasons for the activity, the specific procedures the
                    activity would entail, the potential risks involved,
                    and the full implications that can realistically be
                    foreseen.
 Protection
                    See PRESERVATION.

 Protected area
                    A geographically defined area designated and managed
                    to achieve specific conservation objectives. Protected
                    areas are dedicated primarily to the protection and
                    enjoyment of natural or cultural heritage, to the
                    maintenance of biodiversity, and to the maintenance of
                    life-support systems.

 Red Data Books
                    These provide information on the current status and
                    conservation requirements of threatened species and
                    ecosystems. This can be at a global or national level.

 Rehabilitation
                    To return a degraded ecosystem or population to an
                    undegraded condition and to productive use.

 Restoration
                    To return a degraded ecosystem or population to its
                    original condition.

 Taxa
                    The named classification units to which individuals,
                    or sets of species, are assigned.

 Sustainable Use of
 Biological
 Resources
                    The use of components of biological diversity in a way
                    and at a rate that does not lead to its long-term
                    decline, thereby maintaining its potential to meet the
                    needs and aspirations of present and future
                    generations.

 Voucher Specimens
                    Vouchers are collections of organisms that are
                    maintained to provide permanent, physical
                    documentation of species identifications and
                    associated data resulting from inventories.

 Wildlife
                    Any non-domestic animals and plants which occur in the
                    wild.

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Appendix 2. The Convention on Biological Diversity

                 CONVENTION ON BIOLOGICAL DIVERSITY (1992)

                                  PREAMBLE

The Contracting Parties,

Conscious of the intrinsic value of biological diversity and of the
ecological, genetic, social, economic, scientific, educational, cultural,
recreational and aesthetic values of biological diversity and its
components,

Conscious also of the importance of biological diversity for evolution and
for maintaining life sustaining systems of the biosphere,

Affirming that the conservation of biological diversity is a common concern
of humankind,

Reaffirming that States have sovereign rights over their own biological
resources,

Reaffirming also that States are responsible for conserving their
biological diversity and for using their biological resources in a
sustainable manner,

Concerned that biological diversity is being significantly reduced by
certain human activities,

Aware of the general lack of information and knowledge regarding biological
diversity and of the urgent need to develop scientific, technical and
institutional capacities to provide the basic understanding upon which to
plan and implement appropriate measures,

Noting that it is vital to anticipate, prevent and attack the causes of
significant reduction or loss of biological diversity at source,

Noting also that where there is a threat of significant reduction or loss
of biological diversity, lack of full scientific certainty should not be
used as a reason for postponing measures to avoid or minimize such a
threat,

Noting further that the fundamental requirement for the conservation of
biological diversity is the in-situ conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species
in their natural surroundings,

Noting further that ex-situ measures, preferably in the country of origin,
also have an important role to play,

Recognizing the close and traditional dependence of many indigenous and
local communities embodying traditional lifestyles on biological resources,
and the desirability of sharing equitably benefits arising from the use of
traditional knowledge, innovations and practices relevant to the
conservation of biological diversity and the sustainable use of its
components,

Recognizing also the vital role that women play in the conservation and
sustainable use of biological diversity and affirming the need for the full
participation of women at all levels of policy-making and implementation
for biological diversity conservation,

Stressing the importance of, and the need to promote, international,
regional and global cooperation among States and intergovernmental
organizations and the non-governmental sector for the conservation of
biological diversity and the sustainable use of its components,

Acknowledging that the provision of new and additional financial resources
and appropriate access to relevant technologies can be expected to make a
substantial difference in the world's ability to address the loss of
biological diversity,

Acknowledging further that special provision is required to meet the needs
of developing countries, including the provision of new and additional
financial resources and appropriate access to relevant technologies,

Noting in this regard the special conditions of the least developed
countries and small island States,

Acknowledging that substantial investments are required to conserve
biological diversity and that there is the expectation of a broad range of
environmental, economic and social benefits from those investments,

Recognizing that economic and social development and poverty eradication
are the first and overriding priorities of developing countries,

Aware that conservation and sustainable use of biological diversity is of
critical importance for meeting the food, health and other needs of the
growing world population, for which purpose access to and sharing of both
genetic resources and technologies are essential,

Noting that, ultimately, the conservation and sustainable use of biological
diversity will strengthen friendly relations among States and contribute to
peace for humankind,

Desiring to enhance and complement existing international arrangements for
the conservation of biological diversity and sustainable use of its
components, and

Determined to conserve and sustainably use biological diversity for the
benefit of present and future generations,

Have agreed as follows:

                                  Article
                                     1
                                 OBJECTIVES

The objectives of this Convention, to be pursued in accordance with its
relevant provisions, are the conservation of biological diversity, the
sustainable use of its components and the fair and equitable sharing of the
benefits arising out of the utilization of genetic resources, including by
appropriate access to genetic resources and by appropriate transfer of
relevant technologies, taking into account all rights over those resources
and to technologies, and by appropriate funding.

                                  Article
                                     2
                                USE OF TERMS

For the purposes of this Convention:

"Biological diversity" means the variability among living organisms from
all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this
includes diversity within species, between species and of ecosystems.

"Biological resources" includes genetic resources, organisms or parts
thereof, populations, or any other biotic component of ecosystems with
actual or potential use or value for humanity.

"Biotechnology" means any technological application that uses biological
systems, living organisms, or derivatives thereof, to make or modify
products or processes for specific use.

"Country of origin of genetic resources" means the country which possesses
those genetic resources in in-situ conditions.

"Country providing genetic resources" means the country supplying genetic
resources collected from in-situ sources, including populations of both
wild and domesticated species, or taken from ex-situ sources, which may or
may not have originated in that country.

"Domesticated or cultivated species" means species in which the
evolutionary process has been influenced by humans to meet their needs.

"Ecosystem" means a dynamic complex of plant, animal and micro-organism
communities and their non-living environment interacting as a functional
unit.

"Ex-situ conservation" means the conservation of components of biological
diversity outside their natural habitats.

"Genetic material" means any material of plant, animal, microbial or other
origin containing functional units of heredity.

"Genetic resources" means genetic material of actual or potential value.

"Habitat" means the place or type of site where an organism or population
naturally occurs.

"In-situ conditions" means conditions where genetic resources exist within
ecosystems and natural habitats, and, in the case of domesticated or
cultivated species, in the surroundings where they have developed their
distinctive properties.

"In-situ conservation" means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species
in their natural surroundings and, in the case of domesticated or
cultivated species, in the surroundings where they have developed their
distinctive properties.

"Protected area" means a geographically defined area which is designated or
regulated and managed to achieve specific conservation objectives.

"Regional economic integration organization" means an organization
constituted by sovereign States of a given region, to which its member
States have transferred competence in respect of matters governed by this
Convention and which has been duly authorized, in accordance with its
internal procedures, to sign, ratify, accept, approve or accede to it.

"Sustainable use" means the use of components of biological diversity in a
way and at a rate that does not lead to the long-term decline of biological
diversity, thereby maintaining its potential to meet the needs and
aspirations of present and future generations.

"Technology" includes biotechnology.

                                  Article
                                     3
                                 PRINCIPLE

States have, in accordance with the Charter of the United Nations and the
principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental policies, and the
responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.

                                  Article
                                     4
                            JURISDICTIONAL SCOPE

Subject to the rights of other States, and except as otherwise expressly
provided in this Convention, the provisions of this Convention apply, in
relation to each Contracting Party:

  1. In the case of components of biological diversity, in areas within the
     limits of its national jurisdiction; and
  2. In the case of processes and activities, regardless of where their
     effects occur, carried out under its jurisdiction or control, within
     the area of its national jurisdiction or beyond the limits of national
     jurisdiction.

                                  Article
                                     5
                                COOPERATION

Each Contracting Party shall, as far as possible and as appropriate,
cooperate with other Contracting Parties, directly or, where appropriate,
through competent international organizations, in respect of areas beyond
national jurisdiction and on other matters of mutual interest, for the
conservation and sustainable use of biological diversity.Article

                                     6
                   GENERAL MEASURES FOR CONSERVATION AND
                              SUSTAINABLE USE

Each Contracting Party shall, in accordance with its particular conditions
and capabilities:

  1. Develop national strategies, plans or programmes for the conservation
     and sustainable use of biological diversity or adapt for this purpose
     existing strategies, plans or programmes which shall reflect, inter
     alia, the measures set out in this Convention relevant to the
     Contracting Party concerned; and
  2. Integrate, as far as possible and as appropriate, the conservation and
     sustainable use of biological diversity into relevant sectoral or
     cross-sectoral plans, programmes and policies.

                                  Article
                                     7
                       IDENTIFICATION AND MONITORING

Each Contracting Party shall, as far as possible and as appropriate, in
particular for the purposes of Articles 8 to 10:

  a. Identify components of biological diversity important for its
     conservation and sustainable use having regard to the indicative list
     of categories set down in Annex I;
  b. Monitor, through sampling and other techniques, the components of
     biological diversity identified pursuant to subparagraph (a) above,
     paying particular attention to those requiring urgent conservation
     measures and those which offer the greatest potential for sustainable
     use;
  c. Identify processes and categories of activities which have or are
     likely to have significant adverse impacts on the conservation and
     sustainable use of biological diversity, and monitor their effects
     through sampling and other techniques; and
  d. Maintain and organize, by any mechanism data, derived from
     identification and monitoring activities pursuant to subparagraphs
     (a), (b) and (c) above.

                                  Article
                                     8
                            IN-SITU CONSERVATION

Each Contracting Party shall, as far as possible and as appropriate:

  a. Establish a system of protected areas or areas where special measures
     need to be taken to conserve biological diversity;
  b. Develop, where necessary, guidelines for the selection, establishment
     and management of protected areas or areas where special measures need
     to be taken to conserve biological diversity;
  c. Regulate or manage biological resources important for the conservation
     of biological diversity whether within or outside protected areas,
     with a view to ensuring their conservation and sustainable use;
  d. Promote the protection of ecosystems, natural habitats and the
     maintenance of viable populations of species in natural surroundings;
  e. Promote environmentally sound and sustainable development in areas
     adjacent to protected areas with a view to furthering protection of
     these areas;
  f. Rehabilitate and restore degraded ecosystems and promote the recovery
     of threatened species, inter alia, through the development and
     implementation of plans or other management strategies;
  g. Establish or maintain means to regulate, manage or control the risks
     associated with the use and release of living modified organisms
     resulting from biotechnology which are likely to have adverse
     environmental impacts that could affect the conservation and
     sustainable use of biological diversity, taking also into account the
     risks to human health;
  h. Prevent the introduction of, control or eradicate those alien species
     which threaten ecosystems, habitats or species;
  i. Endeavour to provide the conditions needed for compatibility between
     present uses and the conservation of biological diversity and the
     sustainable use of its components;
  j. Subject to its national legislation, respect, preserve and maintain
     knowledge, innovations and practices of indigenous and local
     communities embodying traditional lifestyles relevant for the
     conservation and sustainable use of biological diversity and promote
     their wider application with the approval and involvement of the
     holders of such knowledge, innovations and practices and encourage the
     equitable sharing of the benefits arising from the utilization of such
     knowledge, innovations and practices;
  k. Develop or maintain necessary legislation and/or other regulatory
     provisions for the protection of threatened species and populations;
  l. Where a significant adverse effect on biological diversity has been
     determined pursuant to Article 7, regulate or manage the relevant
     processes and categories of activities; and
  m. Cooperate in providing financial and other support for in-situ
     conservation outlined in subparagraphs (a) to (l) above, particularly
     to developing countries.

                                  Article
                                     9
                            EX-SITU CONSERVATION

Each Contracting Party shall, as far as possible and as appropriate, and
predominantly for the purpose of complementing in-situ measures:

  a. Adopt measures for the ex-situ conservation of components of
     biological diversity, preferably in the country of origin of such
     components;
  b. Establish and maintain facilities for ex-situ conservation of and
     research on plants, animals and micro-organisms, preferably in the
     country of origin of genetic resources;
  c. Adopt measures for the recovery and rehabilitation of threatened
     species and for their reintroduction into their natural habitats under
     appropriate conditions;
  d. Regulate and manage collection of biological resources from natural
     habitats for ex-situ conservation purposes so as not to threaten
     ecosystems and in-situ populations of species, except where special
     temporary ex-situ measures are required under subparagraph (c) above;
     and
  e. Cooperate in providing financial and other support for ex-situ
     conservation outlined in subparagraphs (a) to (d) above and in the
     establishment and maintenance of ex-situ conservation facilities in
     developing countries.

                                  Article
                                     10
           SUSTAINABLE USE OF COMPONENTS OF BIOLOGICAL DIVERSITY

Each Contracting Party shall, as far as possible and as appropriate:

  a. Integrate consideration of the conservation and sustainable use of
     biological resources into national decision-making;
  b. Adopt measures relating to the use of biological resources to avoid or
     minimize adverse impacts on biological diversity;
  c. Protect and encourage customary use of biological resources in
     accordance with traditional cultural practices that are compatible
     with conservation or sustainable use requirements;
  d. Support local populations to develop and implement remedial action in
     degraded areas where biological diversity has been reduced; and
  e. Encourage cooperation between its governmental authorities and its
     private sector in developing methods for sustainable use of biological
     resources.

                                  Article
                                     11
                             INCENTIVE MEASURES

Each Contracting Party shall, as far as possible and as appropriate, adopt
economically and socially sound measures that act as incentives for the
conservation and sustainable use of components of biological diversity.

                                  Article
                                     12
                           RESEARCH AND TRAINING

The Contracting Parties, taking into account the special needs of
developing countries, shall:

  1. Establish and maintain programmes for scientific and technical
     education and training in measures for the identification,
     conservation and sustainable use of biological diversity and its
     components and provide support for such education and training for the
     specific needs of developing countries;
  2. Promote and encourage research which contributes to the conservation
     and sustainable use of biological diversity, particularly in
     developing countries, inter alia, in accordance with decisions of the
     Conference of the Parties taken in consequence of recommendations of
     the Subsidiary Body on Scientific, Technical and Technological Advice;
     and
  3. In keeping with the provisions of Articles 16, 18 and 20, promote and
     cooperate in the use of scientific advances in biological diversity
     research in developing methods for conservation and sustainable use of
     biological resources.

                                  Article
                                     13
                       PUBLIC EDUCATION AND AWARENESS

The Contracting Parties shall:

  1. Promote and encourage understanding of the importance of, and the
     measures required for, the conservation of biological diversity, as
     well as its propagation through media, and the inclusion of these
     topics in educational programmes; and
  2. Cooperate, as appropriate, with other States and international
     organizations in developing educational and public awareness
     programmes, with respect to conservation and sustainable use of
     biological diversity.

                                  Article
                                     14
              IMPACT ASSESSMENT AND MINIMIZING ADVERSE IMPACTS

  1. Each Contracting Party, as far as possible and as appropriate, shall:
       a. Introduce appropriate procedures requiring environmental impact
          assessment of its proposed projects that are likely to have
          significant adverse effects on biological diversity with a view
          to avoiding or minimizing such effects and, where appropriate,
          allow for public participation in such procedures;
       b. Introduce appropriate arrangements to ensure that the
          environmental consequences of its programmes and policies that
          are likely to have significant adverse impacts on biological
          diversity are duly taken into account;
       c. Promote, on the basis of reciprocity, notification, exchange of
          information and consultation on activities under their
          jurisdiction or control which are likely to significantly affect
          adversely the biological diversity of other States or areas
          beyond the limits of national jurisdiction, by encouraging the
          conclusion of bilateral, regional or multilateral arrangements,
          as appropriate;
       d. In the case of imminent or grave danger or damage, originating
          under its jurisdiction or control, to biological diversity within
          the area under jurisdiction of other States or in areas beyond
          the limits of national jurisdiction, notify immediately the
          potentially affected States of such danger or damage, as well as
          initiate action to prevent or minimize such danger or damage; and
       e. Promote national arrangements for emergency responses to
          activities or events, whether caused naturally or otherwise,
          which present a grave and imminent danger to biological diversity
          and encourage international cooperation to supplement such
          national efforts and, where appropriate and agreed by the States
          or regional economic integration organizations concerned, to
          establish joint contingency plans.
  2. The Conference of the Parties shall examine, on the basis of studies
     to be carried out, the issue of liability and redress, including
     restoration and compensation, for damage to biological diversity,
     except where such liability is a purely internal matter.

                                  Article
                                     15
                        ACCESS TO GENETIC RESOURCES

  1. Recognizing the sovereign rights of States over their natural
     resources, the authority to determine access to genetic resources
     rests with the national governments and is subject to national
     legislation.
  2. Each Contracting Party shall endeavour to create conditions to
     facilitate access to genetic resources for environmentally sound uses
     by other Contracting Parties and not to impose restrictions that run
     counter to the objectives of this Convention.
  3. For the purpose of this Convention, the genetic resources being
     provided by a Contracting Party, as referred to in this Article and
     Articles 16 and 19, are only those that are provided by Contracting
     Parties that are countries of origin of such resources or by the
     Parties that have acquired the genetic resources in accordance with
     this Convention.
  4. Access, where granted, shall be on mutually agreed terms and subject
     to the provisions of this Article.
  5. Access to genetic resources shall be subject to prior informed consent
     of the Contracting Party providing such resources, unless otherwise
     determined by that Party.
  6. Each Contracting Party shall endeavour to develop and carry out
     scientific research based on genetic resources provided by other
     Contracting Parties with the full participation of, and where possible
     in, such Contracting Parties.
  7. Each Contracting Party shall take legislative, administrative or
     policy measures, as appropriate, and in accordance with Articles 16
     and 19 and, where necessary, through the financial mechanism
     established by Articles 20 and 21 with the aim of sharing in a fair
     and equitable way the results of research and development and the
     benefits arising from the commercial and other utilization of genetic
     resources with the Contracting Party providing such resources. Such
     sharing shall be upon mutually agreed terms.

                                  Article
                                     16
                    ACCESS TO AND TRANSFER OF TECHNOLOGY

  1. Each Contracting Party, recognizing that technology includes
     biotechnology, and that both access to and transfer of technology
     among Contracting Parties are essential elements for the attainment of
     the objectives of this Convention, undertakes subject to the
     provisions of this Article to provide and/or facilitate access for and
     transfer to other Contracting Parties of technologies that are
     relevant to the conservation and sustainable use of biological
     diversity or make use of genetic resources and do not cause
     significant damage to the environment.
  2. Access to and transfer of technology referred to in paragraph 1 above
     to developing countries shall be provided and/or facilitated under
     fair and most favourable terms, including on concessional and
     preferential terms where mutually agreed, and, where necessary, in

     accordance with the financial mechanism established by Articles 20 and
     21. In the case of technology subject to patents and other
     intellectual property rights, such access and transfer shall be
     provided on terms which recognize and are consistent with the adequate
     and effective protection of intellectual property rights. The
     application of this paragraph shall be consistent with paragraphs 3, 4
     and 5 below.
  3. Each Contracting Party shall take legislative, administrative or
     policy measures, as appropriate, with the aim that Contracting
     Parties, in particular those that are developing countries, which
     provide genetic resources are provided access to and transfer of
     technology which makes use of those resources, on mutually agreed
     terms, including technology protected by patents and other
     intellectual property rights, where necessary, through the provisions
     of Articles 20 and 21 and in accordance with international law and
     consistent with paragraphs 4 and 5 below.
  4. Each Contracting Party shall take legislative, administrative or
     policy measures, as appropriate, with the aim that the private sector
     facilitates access to, joint development and transfer of technology
     referred to in paragraph 1 above for the benefit of both governmental
     institutions and the private sector of developing countries and in
     this regard shall abide by the obligations included in paragraphs 1, 2
     and 3 above.
  5. The Contracting Parties, recognizing that patents and other
     intellectual property rights may have an influence on the
     implementation of this Convention, shall cooperate in this regard
     subject to national legislation and international law in order to
     ensure that such rights are supportive of and do not run counter to
     its objectives.

                                  Article
                                     17
                          EXCHANGE OF INFORMATION

  1. The Contracting Parties shall facilitate the exchange of information,
     from all publicly available sources, relevant to the conservation and
     sustainable use of biological diversity, taking into account the
     special needs of developing countries.
  2. Such exchange of information shall include exchange of results of
     technical, scientific and socio-economic research, as well as
     information on training and surveying programmes, specialized
     knowledge, indigenous and traditional knowledge as such and in
     combination with the technologies referred to in Article 16, paragraph
     1. It shall also, where feasible, include repatriation of information.

                                  Article
                                     18
                    TECHNICAL AND SCIENTIFIC COOPERATION

  1. The Contracting Parties shall promote international technical and
     scientific cooperation in the field of conservation and sustainable
     use of biological diversity, where necessary, through the appropriate
     international and national institutions.
  2. Each Contracting Party shall promote technical and scientific
     cooperation with other Contracting Parties, in particular developing
     countries, in implementing this Convention, inter alia, through the
     development and implementation of national policies. In promoting such
     cooperation, special attention should be given to the development and
     strengthening of national capabilities, by means of human resources
     development and institution building.
  3. The Conference of the Parties, at its first meeting, shall determine
     how to establish a clearing-house mechanism to promote and facilitate
     technical and scientific cooperation.
  4. The Contracting Parties shall, in accordance with national legislation
     and policies, encourage and develop methods of cooperation for the
     development and use of technologies, including indigenous and
     traditional technologies, in pursuance of the objectives of this
     Convention. For this purpose, the Contracting Parties shall also
     promote cooperation in the training of personnel and exchange of
     experts.
  5. The Contracting Parties shall, subject to mutual agreement, promote
     the establishment of joint research programmes and joint ventures for
     the development of technologies relevant to the objectives of this
     Convention.

                                  Article
                                     19
                       HANDLING OF BIOTECHNOLOGY AND
                        DISTRIBUTION OF ITS BENEFITS

  1. Each Contracting Party shall take legislative, administrative or
     policy measures, as appropriate, to provide for the effective
     participation in biotechnological research activities by those
     Contracting Parties, especially developing countries, which provide
     the genetic resources for such research, and where feasible in such
     Contracting Parties.
  2. Each Contracting Party shall take all practicable measures to promote
     and advance priority access on a fair and equitable basis by
     Contracting Parties, especially developing countries, to the results
     and benefits arising from biotechnologies based upon genetic resources
     provided by those Contracting Parties. Such access shall be on
     mutually agreed terms.
  3. The Parties shall consider the need for and modalities of a protocol
     setting out appropriate procedures, including, in particular, advance
     informed agreement, in the field of the safe transfer, handling and
     use of any living modified organism resulting from biotechnology that
     may have adverse effect on the conservation and sustainable use of
     biological diversity.
  4. Each Contracting Party shall, directly or by requiring any natural or
     legal person under its jurisdiction providing the organisms referred
     to in paragraph 3 above, provide any available information about the
     use and safety regulations required by that Contracting Party in
     handling such organisms, as well as any available information on the
     potential adverse impact of the specific organisms concerned to the
     Contracting Party into which those organisms are to be introduced.

                                  Article
                                     20
                            FINANCIAL RESOURCES

  1. Each Contracting Party undertakes to provide, in accordance with its
     capabilities, financial support and incentives in respect of those
     national activities which are intended to achieve the objectives of
     this Convention, in accordance with its national plans, priorities and
     programmes.
  2. The developed country Parties shall provide new and additional
     financial resources to enable developing country Parties to meet the
     agreed full incremental costs to them of implementing measures which
     fulfil the obligations of this Convention and to benefit from its
     provisions and which costs are agreed between a developing country
     Party and the institutional structure referred to in Article 21, in
     accordance with policy, strategy, programme priorities and eligibility
     criteria and an indicative list of incremental costs established by
     the Conference of the Parties. Other Parties, including countries
     undergoing the process of transition to a market economy, may
     voluntarily assume the obligations of the developed country Parties.
     For the purpose of this Article, the Conference of the Parties, shall
     at its first meeting establish a list of developed country Parties and
     other Parties which voluntarily assume the obligations of the
     developed country Parties. The Conference of the Parties shall
     periodically review and if necessary amend the list. Contributions
     from other countries and sources on a voluntary basis would also be
     encouraged. The implementation of these commitments shall take into
     account the need for adequacy, predictability and timely flow of funds
     and the importance of burden-sharing among the contributing Parties
     included in the list.
  3. The developed country Parties may also provide, and developing country
     Parties avail themselves of, financial resources related to the
     implementation of this Convention through bilateral, regional and
     other multilateral channels.
  4. The extent to which developing country Parties will effectively
     implement their commitments under this Convention will depend on the
     effective implementation by developed country Parties of their
     commitments under this Convention related to financial resources and
     transfer of technology and will take fully into account the fact that
     economic and social development and eradication of poverty are the
     first and overriding priorities of the developing country Parties.
  5. The Parties shall take full account of the specific needs and special
     situation of least developed countries in their actions with regard to
     funding and transfer of technology.
  6. The Contracting Parties shall also take into consideration the special
     conditions resulting from the dependence on, distribution and location
     of, biological diversity within developing country Parties, in
     particular small island States.
  7. Consideration shall also be given to the special situation of
     developing countries, including those that are most environmentally
     vulnerable, such as those with arid and semi- arid zones, coastal and
     mountainous areas.

                                  Article
                                     21
                            FINANCIAL MECHANISM

  1. There shall be a mechanism for the provision of financial resources to
     developing country Parties for purposes of this Convention on a grant
     or concessional basis the essential elements of which are described in
     this Article. The mechanism shall function under the authority and
     guidance of, and be accountable to, the Conference of the Parties for
     purposes of this Convention. The operations of the mechanism shall be
     carried out by such institutional structure as may be decided upon by
     the Conference of the Parties at its first meeting. For purposes of
     this Convention, the Conference of the Parties shall determine the
     policy, strategy, programme priorities and eligibility criteria
     relating to the access to and utilization of such resources. The
     contributions shall be such as to take into account the need for
     predictability, adequacy and timely flow of funds referred to in
     Article 20 in accordance with the amount of resources needed to be
     decided periodically by the Conference of the Parties and the
     importance of burden-sharing among the contributing Parties included
     in the list referred to in Article 20, paragraph 2. Voluntary
     contributions may also be made by the developed country Parties and by
     other countries and sources. The mechanism shall operate within a
     democratic and transparent system of governance.
  2. Pursuant to the objectives of this Convention, the Conference of the
     Parties shall at its first meeting determine the policy, strategy and
     programme priorities, as well as detailed criteria and guidelines for
     eligibility for access to and utilization of the financial resources
     including monitoring and evaluation on a regular basis of such
     utilization. The Conference of the Parties shall decide on the
     arrangements to give effect to paragraph 1 above after consultation
     with the institutional structure entrusted with the operation of the
     financial mechanism.
  3. The Conference of the Parties shall review the effectiveness of the
     mechanism established under this Article, including the criteria and
     guidelines referred to in paragraph 2 above, not less than two years
     after the entry into force of this Convention and thereafter on a
     regular basis. Based on such review, it shall take appropriate action
     to improve the effectiveness of the mechanism if necessary.
  4. The Contracting Parties shall consider strengthening existing
     financial institutions to provide financial resources for the
     conservation and sustainable use of biological diversity.

                                  Article
                                     22
             RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTIONS

  1. The provisions of this Convention shall not affect the rights and
     obligations of any Contracting Party deriving from any existing
     international agreement, except where the exercise of those rights and
     obligations would cause a serious damage or threat to biological
     diversity.
  2. Contracting Parties shall implement this Convention with respect to
     the marine environment consistently with the rights and obligations of
     States under the law of the sea.

                                  Article
                                     23
                         CONFERENCE OF THE PARTIES

  1. A Conference of the Parties is hereby established. The first meeting
     of the Conference of the Parties shall be convened by the Executive
     Director of the United Nations Environment Programme not later than
     one year after the entry into force of this Convention. Thereafter,
     ordinary meetings of the Conference of the Parties shall be held at
     regular intervals to be determined by the Conference at its first
     meeting.
  2. Extraordinary meetings of the Conference of the Parties shall be held
     at such other times as may be deemed necessary by the Conference, or
     at the written request of any Party, provided that, within six months
     of the request being communicated to them by the Secretariat, it is
     supported by at least one third of the Parties.
  3. The Conference of the Parties shall by consensus agree upon and adopt
     rules of procedure for itself and for any subsidiary body it may
     establish, as well as financial rules governing the funding of the
     Secretariat. At each ordinary meeting, it shall adopt a budget for the
     financial period until the next ordinary meeting.
  4. The Conference of the Parties shall keep under review the
     implementation of this Convention, and, for this purpose, shall:
       a. Establish the form and the intervals for transmitting the
          information to be submitted in accordance with Article 26 and
          consider such information as well as reports submitted by any
          subsidiary body;
       b. Review scientific, technical and technological advice on
          biological diversity provided in accordance with Article 25;
       c. Consider and adopt, as required, protocols in accordance with
          Article 28;
       d. Consider and adopt, as required, in accordance with Articles 29
          and 30, amendments to this Convention and its annexes;
       e. Consider amendments to any protocol, as well as to any annexes
          thereto, and, if so decided, recommend their adoption to the
          parties to the protocol concerned;
       f. Consider and adopt, as required, in accordance with Article 30,
          additional annexes to this Convention;
       g. Establish such subsidiary bodies, particularly to provide
          scientific and technical advice, as are deemed necessary for the
          implementation of this Convention;
       h. Contact, through the Secretariat, the executive bodies of
          conventions dealing with matters covered by this Convention with
          a view to establishing appropriate forms of cooperation with
          them; and
       i. Consider and undertake any additional action that may be required
          for the achievement of the purposes of this Convention in the
          light of experience gained in its operation.
  5. The United Nations, its specialized agencies and the International
     Atomic Energy Agency, as well as any State not Party to this
     Convention, may be represented as observers at meetings of the
     Conference of the Parties. Any other body or agency, whether
     governmental or non-governmental, qualified in fields relating to
     conservation and sustainable use of biological diversity, which has
     informed the Secretariat of its wish to be represented as an observer
     at a meeting of the Conference of the Parties, may be admitted unless
     at least one third of the Parties present object. The admission and
     participation of observers shall be subject to the rules of procedure
     adopted by the Conference of the Parties.

                                  Article
                                     24
                                SECRETARIAT

  1. A secretariat is hereby established. Its functions shall be:
       a. To arrange for and service meetings of the Conference of the
          Parties provided for in Article 23;
       b. To perform the functions assigned to it by any protocol;
       c. To prepare reports on the execution of its functions under this
          Convention and present them to the Conference of the Parties;
       d. To coordinate with other relevant international bodies and, in
          particular to enter into such administrative and contractual
          arrangements as may be required for the effective discharge of
          its functions; and
       e. To perform such other functions as may be determined by the
          Conference of the Parties.
  2. At its first ordinary meeting, the Conference of the Parties shall
     designate the secretariat from amongst those existing competent
     international organizations which have signified their willingness to
     carry out the secretariat functions under this Convention.

                                  Article
                                     25
                 SUBSIDIARY BODY ON SCIENTIFIC, TECHNICAL
                          AND TECHNOLOGICAL ADVICE

  1. A subsidiary body for the provision of scientific, technical and
     technological advice is hereby established to provide the Conference
     of the Parties and, as appropriate, its other subsidiary bodies with
     timely advice relating to the implementation of this Convention. This
     body shall be open to participation by all Parties and shall be
     multidisciplinary. It shall comprise government representatives
     competent in the relevant field of expertise. It shall report
     regularly to the Conference of the Parties on all aspects of its work.
  2. Under the authority of and in accordance with guidelines laid down by
     the Conference of the Parties, and upon its request, this body shall:
       a. Provide scientific and technical assessments of the status of
          biological diversity;
       b. Prepare scientific and technical assessments of the effects of
          types of measures taken in accordance with the provisions of this
          Convention;
       c. Identify innovative, efficient and state-of-the-art technologies
          and know-how relating to the conservation and sustainable use of
          biological diversity and advise on the ways and means of
          promoting development and/or transferring such technologies;
       d. Provide advice on scientific programmes and international
          cooperation in research and development related to conservation
          and sustainable use of biological diversity; and
       e. Respond to scientific, technical, technological and
          methodological questions that the Conference of the Parties and
          its subsidiary bodies may put to the body.
  3. The functions, terms of reference, organization and operation of this
     body may be further elaborated by the Conference of the Parties.

                                  Article
                                     26
                                  REPORTS

Each Contracting Party shall, at intervals to be determined by the
Conference of the Parties, present to the Conference of the Parties,
reports on measures which it has taken for the implementation of the
provisions of this Convention and their effectiveness in meeting the
objectives of this Convention.

                                  Article
                                     27
                           SETTLEMENT OF DISPUTES

  1. In the event of a dispute between Contracting Parties concerning the
     interpretation or application of this Convention, the parties
     concerned shall seek solution by negotiation.
  2. If the parties concerned cannot reach agreement by negotiation, they
     may jointly seek the good offices of, or request mediation by, a third
     party.
  3. When ratifying, accepting, approving or acceding to this Convention,
     or at any time thereafter, a State or regional economic integration
     organization may declare in writing to the Depositary that for a
     dispute not resolved in accordance with paragraph 1 or paragraph 2
     above, it accepts one or both of the following means of dispute
     settlement as compulsory:
       a. Arbitration in accordance with the procedure laid down in Part 1
          of Annex II;
       b. Submission of the dispute to the International Court of Justice.
  4. If the parties to the dispute have not, in accordance with paragraph 3
     above, accepted the same or any procedure, the dispute shall be
     submitted to conciliation in accordance with Part 2 of Annex II unless
     the parties otherwise agree.
  5. The provisions of this Article shall apply with respect to any
     protocol except as otherwise provided in the protocol concerned.

                                  Article
                                     28
                           ADOPTION OF PROTOCOLS

  1. The Contracting Parties shall cooperate in the formulation and
     adoption of protocols to this Convention.
  2. Protocols shall be adopted at a meeting of the Conference of the
     Parties.
  3. The text of any proposed protocol shall be communicated to the
     Contracting Parties by the Secretariat at least six months before such
     a meeting.

                                  Article
                                     29
                  AMENDMENT OF THE CONVENTION OR PROTOCOLS

  1. Amendments to this Convention may be proposed by any Contracting
     Party. Amendments to any protocol may be proposed by any Party to that
     protocol.
  2. Amendments to this Convention shall be adopted at a meeting of the
     Conference of the Parties. Amendments to any protocol shall be adopted
     at a meeting of the Parties to the Protocol in question. The text of
     any proposed amendment to this Convention or to any protocol, except
     as may otherwise be provided in such protocol, shall be communicated
     to the Parties to the instrument in question by the secretariat at
     least six months before the meeting at which it is proposed for
     adoption. The secretariat shall also communicate proposed amendments
     to the signatories to this Convention for information.
  3. The Parties shall make every effort to reach agreement on any proposed
     amendment to this Convention or to any protocol by consensus. If all
     efforts at consensus have been exhausted, and no agreement reached,
     the amendment shall as a last resort be adopted by a two-third
     majority vote of the Parties to the instrument in question present and
     voting at the meeting, and shall be submitted by the Depositary to all
     Parties for ratification, acceptance or approval.
  4. Ratification, acceptance or approval of amendments shall be notified
     to the Depositary in writing. Amendments adopted in accordance with
     paragraph 3 above shall enter into force among Parties having accepted
     them on the ninetieth day after the deposit of instruments of
     ratification, acceptance or approval by at least two thirds of the
     Contracting Parties to this Convention or of the Parties to the
     protocol concerned, except as may otherwise be provided in such
     protocol. Thereafter the amendments shall enter into force for any
     other Party on the ninetieth day after that Party deposits its
     instrument of ratification, acceptance or approval of the amendments.
  5. For the purposes of this Article, "Parties present and voting" means
     Parties present and casting an affirmative or negative vote.

                                  Article
                                     30
                     ADOPTION AND AMENDMENT OF ANNEXES

  1. The annexes to this Convention or to any protocol shall form an
     integral part of the Convention or of such protocol, as the case may
     be, and, unless expressly provided otherwise, a reference to this
     Convention or its protocols constitutes at the same time a reference
     to any annexes thereto. Such annexes shall be restricted to
     procedural, scientific, technical and administrative matters.
  2. Except as may be otherwise provided in any protocol with respect to
     its annexes, the following procedure shall apply to the proposal,
     adoption and entry into force of additional annexes to this Convention
     or of annexes to any protocol:
       a. Annexes to this Convention or to any protocol shall be proposed
          and adopted according to the procedure laid down in Article 29;
       b. Any Party that is unable to approve an additional annex to this
          Convention or an annex to any protocol to which it is Party shall
          so notify the Depositary, in writing, within one year from the
          date of the communication of the adoption by the Depositary. The
          Depositary shall without delay notify all Parties of any such
          notification received. A Party may at any time withdraw a
          previous declaration of objection and the annexes shall thereupon
          enter into force for that Party subject to subparagraph (c)
          below;
       c. On the expiry of one year from the date of the communication of
          the adoption by the Depositary, the annex shall enter into force
          for all Parties to this Convention or to any protocol concerned
          which have not submitted a notification in accordance with the
          provisions of subparagraph (b) above.
  3. The proposal, adoption and entry into force of amendments to annexes
     to this Convention or to any protocol shall be subject to the same
     procedure as for the proposal, adoption and entry into force of
     annexes to the Convention or annexes to any protocol.
  4. If an additional annex or an amendment to an annex is related to an
     amendment to this Convention or to any protocol, the additional annex
     or amendment shall not enter into force until such time as the
     amendment to the Convention or to the protocol concerned enters into
     force.

                                  Article
                                     31
                               RIGHT TO VOTE

  1. Except as provided for in paragraph 2 below, each Contracting Party to
     this Convention or to any protocol shall have one vote.
  2. Regional economic integration organizations, in matters within their
     competence, shall exercise their right to vote with a number of votes
     equal to the number of their member States which are Contracting
     Parties to this Convention or the relevant protocol. Such
     organizations shall not exercise their right to vote if their member
     States exercise theirs, and vice versa.

                                  Article
                                     32
                    RELATIONSHIP BETWEEN THIS CONVENTION
                             AND ITS PROTOCOLS

  1. A State or a regional economic integration organization may not become
     a Party to a protocol unless it is, or becomes at the same time, a
     Contracting Party to this Convention.
  2. Decisions under any protocol shall be taken only by the Parties to the
     protocol concerned. Any Contracting Party that has not ratified,
     accepted or approved a protocol may participate as an observer in any
     meeting of the parties to that protocol.

                                  Article
                                     33
                                 SIGNATURE

This Convention shall be open for signature at Rio de Janeiro by all States
and any regional economic integration organization from 5 June 1992 until
14 June 1992, and at the United Nations Headquarters in New York from 15
June 1992 to 4 June 1993.

                                  Article
                                     34
                    RATIFICATION, ACCEPTANCE OR APPROVAL

  1. This Convention and any protocol shall be subject to ratification,
     acceptance or approval by States and by regional economic integration
     organizations. Instruments of ratification, acceptance or approval
     shall be deposited with the Depositary.
  2. Any organization referred to in paragraph 1 above which becomes a
     Contracting Party to this Convention or any protocol without any of
     its member States being a Contracting Party shall be bound by all the
     obligations under the Convention or the protocol, as the case may be.
     In the case of such organizations, one or more of whose member States
     is a Contracting Party to this Convention or relevant protocol, the
     organization and its member States shall decide on their respective
     responsibilities for the performance of their obligations under the
     Convention or protocol, as the case may be. In such cases, the
     organization and the member States shall not be entitled to exercise
     rights under the Convention or relevant protocol concurrently.
  3. In their instruments of ratification, acceptance or approval, the
     organizations referred to in paragraph 1 above shall declare the
     extent of their competence with respect to the matters governed by the
     Convention or the relevant protocol. These organizations shall also
     inform the Depositary of any relevant modification in the extent of
     their competence.

                                  Article
                                     35
                                 ACCESSION

  1. This Convention and any protocol shall be open for accession by States
     and by regional economic integration organizations from the date on
     which the Convention or the protocol concerned is closed for
     signature. The instruments of accession shall be deposited with the
     Depositary.
  2. In their instruments of accession, the organizations referred to in
     paragraph 1 above shall declare the extent of their competence with
     respect to the matters governed by the Convention or the relevant
     protocol. These organizations shall also inform the Depositary of any
     relevant modification in the extent of their competence.
  3. The provisions of Article 34, paragraph 2, shall apply to regional
     economic integration organizations which accede to this Convention or
     any protocol.

                                  Article
                                     36
                              ENTRY INTO FORCE

  1. This Convention shall enter into force on the ninetieth day after the
     date of deposit of the thirtieth instrument of ratification,
     acceptance, approval or accession.
  2. Any protocol shall enter into force on the ninetieth day after the
     date of deposit of the number of instruments of ratification,
     acceptance, approval or accession, specified in that protocol, has
     been deposited.
  3. For each Contracting Party which ratifies, accepts or approves this
     Convention or accedes thereto after the deposit of the thirtieth
     instrument of ratification, acceptance, approval or accession, it
     shall enter into force on the ninetieth day after the date of deposit
     by such Contracting Party of its instrument of ratification,
     acceptance, approval or accession.
  4. Any protocol, except as otherwise provided in such protocol, shall
     enter into force for a Contracting Party that ratifies, accepts or
     approves that protocol or accedes thereto after its entry into force
     pursuant to paragraph 2 above, on the ninetieth day after the date on
     which that Contracting Party deposits its instrument of ratification,
     acceptance, approval or accession, or on the date on which this
     Convention enters into force for that Contracting Party, whichever
     shall be the later.
  5. For the purposes of paragraphs 1 and 2 above, any instrument deposited
     by a regional economic integration organization shall not be counted
     as additional to those deposited by member States of such
     organization.

                                  Article
                                     37
                                RESERVATIONS

No reservations may be made to this Convention.

                                  Article
                                     38
                                WITHDRAWALS

  1. At any time after two years from the date on which this Convention has
     entered into force for a Contracting Party, that Contracting Party may
     withdraw from the Convention by giving written notification to the
     Depositary.
  2. Any such withdrawal shall take place upon expiry of one year after the
     date of its receipt by the Depositary, or on such later date as may be
     specified in the notification of the withdrawal.
  3. Any Contracting Party which withdraws from this Convention shall be
     considered as also having withdrawn from any protocol to which it is
     party.

                                  Article
                                     39
                       FINANCIAL INTERIM ARRANGEMENTS

Provided that it has been fully restructured in accordance with the
requirements of Article 21, the Global Environment Facility of the United
Nations Development Programme, the United Nations Environment Programme and
the International Bank for Reconstruction and Development shall be the
institutional structure referred to in Article 21 on an interim basis, for
the period between the entry into force of this Convention and the first
meeting of the Conference of the Parties or until the Conference of the
Parties decides which institutional structure will be designated in
accordance with Article 21.

                                  Article
                                     40
                      SECRETARIAT INTERIM ARRANGEMENTS

The secretariat to be provided by the Executive Director of the United
Nations

Environment Programme shall be the secretariat referred to in Article 24,
paragraph 2, on an interim basis for the period between the entry into
force of this Convention and the first meeting of the Conference of the
Parties.

                                  Article
                                     41
                                 DEPOSITARY

The Secretary-General of the United Nations shall assume the functions of
Depositary of this Convention and any protocols.

                                  Article
                                     42
                              AUTHENTIC TEXTS

The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary- General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.

Done at Rio de Janeiro on this fifth day of June, one thousand nine hundred
and ninety-two.

                                  ANNEX I

                       IDENTIFICATION AND MONITORING

  1. Ecosystems and habitats: containing high diversity, large numbers of
     endemic or threatened species, or wilderness; required by migratory
     species; of social, economic, cultural or scientific importance; or,
     which are representative, unique or associated with key evolutionary
     or other biological processes;
  2. Species and communities which are: threatened; wild relatives of
     domesticated or cultivated species; of medicinal, agricultural or
     other economic value; or social, scientific or cultural importance; or
     importance for research into the conservation and sustainable use of
     biological diversity, such as indicator species; and
  3. Described genomes and genes of social, scientific or economic
     importance.

                                  Annex II
                                   Part 1
                                ARBITRATION
                                 Article 1

The claimant party shall notify the secretariat that the parties are
referring a dispute to arbitration pursuant to Article 27. The notification
shall state the subject-matter of arbitration and include, in particular,
the articles of the Convention or the protocol, the interpretation or
application of which are at issue. If the parties do not agree on the
subject matter of the dispute before the President of the tribunal is
designated, the arbitral tribunal shall determine the subject matter. The
secretariat shall forward the information thus received to all Contracting
Parties to this Convention or to the protocol concerned.

                                 Article 2

  1. In disputes between two parties, the arbitral tribunal shall consist
     of three members. Each of the parties to the dispute shall appoint an
     arbitrator and the two arbitrators so appointed shall designate by
     common agreement the third arbitrator who shall be the President of
     the tribunal. The latter shall not be a national of one of the parties
     to the dispute, nor have his or her usual place of residence in the
     territory of one of these parties, nor be employed by any of them, nor
     have dealt with the case in any other capacity.
  2. In disputes between more than two parties, parties in the same
     interest shall appoint one arbitrator jointly by agreement.
  3. ny vacancy shall be filled in the manner prescribed for the initial
     appointment.

                                 Article 3

  1. If the President of the arbitral tribunal has not been designated
     within two months of the appointment of the second arbitrator, the
     Secretary-General of the United Nations shall, at the request of a
     party, designate the President within a further two-month period.
  2. If one of the parties to the dispute does not appoint an arbitrator
     within two months of receipt of the request, the other party may
     inform the Secretary-General who shall make the designation within a
     further two-month period.

                                 Article 4

The arbitral tribunal shall render its decisions in accordance with the
provisions of this Convention, any protocols concerned, and international
law.

                                 Article 5

Unless the parties to the dispute otherwise agree, the arbitral tribunal
shall determine its own rules of procedure.

                                 Article 6

The arbitral tribunal may, at the request of one of the parties, recommend
essential interim measures of protection.

                                 Article 7

The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:

  1. Provide it with all relevant documents, information and facilities;
     and
  2. Enable it, when necessary, to call witnesses or experts and receive
     their evidence.

                                 Article 8

The parties and the arbitrators are under an obligation to protect the
confidentiality of any information they receive in confidence during the
proceedings of the arbitral tribunal.

                                 Article 9

Unless the arbitral tribunal determines otherwise because of the particular
circumstances of the case, the costs of the tribunal shall be borne by the
parties to the dispute in equal shares. The tribunal shall keep a record of
all its costs, and shall furnish a final statement thereof to the parties.

                                 Article 10

Any Contracting Party that has an interest of a legal nature in the
subject-matter of the dispute which may be affected by the decision in the
case, may intervene in the proceedings with the consent of the tribunal.

                                 Article 11

The tribunal may hear and determine counterclaims arising directly out of
the subject- matter of the dispute.

                                 Article 12

Decisions both on procedure and substance of the arbitral tribunal shall be
taken by a majority vote of its members.

                                 Article 13

If one of the parties to the dispute does not appear before the arbitral
tribunal or fails to defend its case, the other party may request the
tribunal to continue the proceedings and to make its award. Absence of a
party or a failure of a party to defend its case shall not constitute a bar
to the proceedings. Before rendering its final decision, the arbitral
tribunal must satisfy itself that the claim is well founded in fact and
law.

                                 Article 14

The tribunal shall render its final decision within five months of the date
on which it is fully constituted unless it finds it necessary to extend the
time-limit for a period which should not exceed five more months.

                                 Article 15

The final decision of the arbitral tribunal shall be confined to the
subject-matter of the dispute and shall state the reasons on which it is
based. It shall contain the names of the members who have participated and
the date of the final decision. Any member of the tribunal may attach a
separate or dissenting opinion to the final decision.

                                 Article 16

The award shall be binding on the parties to the dispute. It shall be
without appeal unless the parties to the dispute have agreed in advance to
an appellate procedure.

                                 Article 17

Any controversy which may arise between the parties to the dispute as
regards the interpretation or manner of implementation of the final
decision may be submitted by either party for decision to the arbitral
tribunal which rendered it.

                                   Part 2
                                CONCILIATION
                                 Article 1

A conciliation commission shall be created upon the request of one of the
parties to the dispute. The commission shall, unless the parties otherwise
agree, be composed of five members, two appointed by each Party concerned
and a President chosen jointly by those members.

                                 Article 2

In disputes between more than two parties, parties in the same interest
shall appoint their members of the commission jointly be agreement. Where
two or more parties have separate interests or there is a disagreement as
to whether they are of the same interest, they shall appoint their members
separately.

                                 Article 3

If any appointments by the parties are not made within two months of the
date of the request to create a conciliation commission, the
Secretary-General of the United Nations shall, if asked to do so by the
party that made the request, make those appointments within a further
two-month period.

                                 Article 4

If a President of the conciliation commission has not been chosen within
two months of the last of the members of the commission being appointed,
the Secretary-General of the United Nations shall, if asked to do so by a
party, designate a President within a further two-month period.

                                 Article 5

The conciliation commission shall take its decisions by majority vote of
its members. It shall, unless the parties to the dispute otherwise agree,
determine its own procedure. It shall render a proposal for resolution of
the dispute, which the parties shall consider in good faith.

                                 Article 6

A disagreement as to whether the conciliation commission has competence
shall be decided by the commission.

 Table VI. Impacts of Sectoral Activities on Biological Diversity in South
                                  Africa

 IMPACT ECONOMIC
 SECTOR
                   Habitat Loss and
                    Fragmentation
                                           Over-
                                      Exploitation of
                                          Species
                                                        Air, Water and
                                                        Soil Pollution
                                                                         Introduction of
                                                                          Harmful Alien
                                                                             Species
                                                                                             Key State
                                                                                            Institutions

 Agriculture
                  *  Primarily
                  through
                  cultivation,
                  requiring the
                  removal of
                  natural
                  vegetation, and
                  through bush
                  encroachment.
                                     *  Overgrazing
                                     in parts of the
                                     country may
                                     result in certain
                                     species being
                                     overexploited.
                                                        *  Largely
                                                        through the use
                                                        of
                                                        agrochemicals,
                                                        siltation. and
                                                        from
                                                        mariculture and
                                                        aquaculture
                                                        enterprises.
                                                                         *  Through the
                                                                         introduction of
                                                                         high-yielding
                                                                         exotic species
                                                                         for cultivation
                                                                         or pastoral
                                                                         purposes, and
                                                                         through the
                                                                         introduction of
                                                                         alien species
                                                                         for mariculture
                                                                         and aquaculture.
                                                                                           Department of
                                                                                           Agriculture;
                                                                                           Department of
                                                                                           Land Affairs;
                                                                                           DEAT; related
                                                                                           provincial
                                                                                           departments;

                                                                                           Agricultural
                                                                                           Research
                                                                                           Council.

 Forestry
                  *  Through
                  afforestation
                  which involves
                  the replacement
                  of natural
                  vegetation.
                                     * 
                                     Overexploitation
                                     at both
                                     commercial and
                                     subsistence
                                     levels of certain
                                     woodland species
                                     in parts of the
                                     country.
                                                        *  Through,
                                                        inter alia, the
                                                        pulp and paper
                                                        industry and
                                                        the use of
                                                        agrochemicals.
                                                                         *  Through the
                                                                         introduction of
                                                                         high-yielding
                                                                         exotic species
                                                                         for commercial
                                                                         forestry and
                                                                         recreational
                                                                         purposes.
                                                                                           Department of
                                                                                           Water Affairs
                                                                                           and Forestry;
                                                                                           DEAT; SAFCOL.

 Fisheries
                  *  Through
                  physical damage
                  to habitat from
                  certain fishing
                  gears.
                                     * 
                                     Overexploitation
                                     of target and
                                     non-target
                                     species, with
                                     ramifications for
                                     other species and
                                     supporting
                                     ecosystems.
                                                        *  From
                                                        mariculture and
                                                        aquaculture
                                                        enterprises, as
                                                        well as from
                                                        fishing gear.
                                                                                           Directorate
                                                                                           Sea Fisheries
                                                                                           (DEAT);
                                                                                           Provincial
                                                                                           Departments of
                                                                                           Nature
                                                                                           Conservation.

      IMPACT

 ECONOMIC SECTOR
                   Habitat Loss and
                    Fragmentation
                                           Over-

                                      Exploitation of
                                          Species
                                                        Air, Water and
                                                        Soil Pollution
                                                                         Introduction of
                                                                          Harmful Alien
                                                                             Species
                                                                                             Key State
                                                                                            Institutions

 Chemical
 industry
                                                        *  Activities
                                                        related to the
                                                        chemical
                                                        industry may
                                                        result in air,
                                                        water and soil
                                                        pollution.
                                                                                           Department of
                                                                                           Trade and
                                                                                           Industry;
                                                                                           DEAT;
                                                                                           Department of
                                                                                           Water Affairs
                                                                                           and Forestry;
                                                                                           Department of
                                                                                           Health.

 Biotechnology
 Industry
                                                                         *  Potential
                                                                         risk through the
                                                                         release of
                                                                         genetically
                                                                         modified
                                                                         organisms.
                                                                                           Department of
                                                                                           Agriculture;
                                                                                           Department of
                                                                                           Trade and
                                                                                           Industry;
                                                                                           DEAT;
                                                                                           Department of
                                                                                           Health.

 Water
                  *  Through dam
                  construction, and
                  water transfer
                  schemes.
                                                                         *  Through
                                                                         inter-basin
                                                                         schemes which
                                                                         unintentionally
                                                                         introduction
                                                                         alien species.
                                                                                           Department of
                                                                                           Water Affairs
                                                                                           and Forestry;
                                                                                           Department of
                                                                                           Health.

 Transport
                  *  Through road
                  and rail
                  construction and
                  shipping-related
                  activities.
                                                        *  Through the
                                                        dumping of
                                                        land-generated
                                                        waste from
                                                        ships, or from
                                                        oil spilled or
                                                        discharged from
                                                        ships.
                                                                         *  Through the
                                                                         unintentional
                                                                         introduction of
                                                                         alien species in
                                                                         ship ballast
                                                                         water.
                                                                                           Department of
                                                                                           Transport;
                                                                                           Directorate
                                                                                           Sea Fisheries;
                                                                                           Department of
                                                                                           Trade and
                                                                                           Industry;
                                                                                           DEAT.

 IMPACT

 ECONOMIC SECTOR
                  Habitat Loss and
                  Fragmentation
                                     Over-

                                     Exploitation of
                                     Species
                                                        Air, Water and
                                                        Soil Pollution
                                                                         Introduction of
                                                                         Harmful Alien
                                                                         Species
                                                                                           Key State
                                                                                           Institutions

 Tourism and
 Recreation
                  *  Through the
                  construction of
                  tourist-related
                  facilities,
                  particularly
                  along the coast.
                  Through exceeding
                  the tourist
                  carrying capacity
                  in certain areas.
                                     *  Through
                                     recreational
                                     fishing and the
                                     overexploitation
                                     of "collectable"
                                     species.
                                                        *  Through
                                                        litter,
                                                        principally
                                                        plastic waste.
                                                                         *  Through the
                                                                         introduction of
                                                                         exotic fish
                                                                         species for
                                                                         angling.
                                                                                           DEAT; SATOUR;
                                                                                           National Parks
                                                                                           Board;
                                                                                           provincial
                                                                                           departments of
                                                                                           environment
                                                                                           and tourism
                                                                                           and nature
                                                                                           conservation
                                                                                           agencies.

 Housing and
 Infrastructure
                  *  Through the
                  clearing of land
                  for development.
                                                        *  May occur
                                                        from
                                                        construction
                                                        activities.
                                                                         *  Through the
                                                                         use of harmful
                                                                         alien species in
                                                                         gardens and
                                                                         parks.
                                                                                           Department of
                                                                                           Housing;
                                                                                           Provincial
                                                                                           Departments of
                                                                                           Planning;
                                                                                           Other relevant
                                                                                           provincial and
                                                                                           local
                                                                                           government
                                                                                           departments.

 Trade
                                     * 
                                     Overexploitation
                                     of species in
                                     demand for
                                     medicinal or
                                     wildlife trade
                                     purposes.
                                                        *  Through
                                                        trade in
                                                        chemicals and
                                                        other harmful
                                                        substances.
                                                                         *  Through the
                                                                         unintentional
                                                                         introduction of
                                                                         harmful alien
                                                                         species.
                                                                                           Department of
                                                                                           Trade and
                                                                                           Industry;
                                                                                           DEAT;
                                                                                           Department of
                                                                                           Health.

 Defence
                  *  Through the
                  use of the land
                  and sea for
                  weapons testing
                  and training.
                                     * 
                                     Overexploitation
                                     of species in
                                     areas used for
                                     purposes of
                                     defence.
                                                        *  Through the
                                                        production and
                                                        use of various
                                                        weapons.
                                                                                           South African
                                                                                           National
                                                                                           Defence Force;
                                                                                           DEAT; South
                                                                                           African Police
                                                                                           Services.

 Domestic
 Households
                  *  Indirectly,
                  through requiring
                  the range of
                  different
                  economic services
                  described above.
                                     *  Through the
                                     harvesting of
                                     certain plants
                                     and animals for
                                     food, building,
                                     fuel or medicinal
                                     purposes.
                                                        *  Through the
                                                        generation of
                                                        sewage and
                                                        household
                                                        waste, as well
                                                        as pollutants
                                                        associated with
                                                        cooking and
                                                        heating.
                                                                         *  Through the
                                                                         use of harmful
                                                                         alien species in
                                                                         gardens.
                                                                                           Broad range of
                                                                                           national,
                                                                                           provincial and
                                                                                           local
                                                                                           government
                                                                                           departments.

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