Tough Swaziland laws deter rhino poachers

© 2001 Reuters
June 1, 2001
Story by Ed Stoddard

MLILWANE NATURE RESERVE, Swaziland - Tough anti-poaching laws, regarded by some as the most stringent in Africa, are credited with saving the rhinos of Swaziland from almost certain extinction.

"Poaching has never been lower but it's always a threat that needs to be taken seriously," Ted Reilly, the chief executive officer of Swaziland's Big Game Parks, told Reuters.

There was a time when the situation looked bleak.

The landlocked kingdom - which began restocking its nature reserves with rhinos imported from neighbouring South Africa in the 1960s - saw an upsurge in poaching 13 years ago.

From 1988 to 1991, around 25 rhinos a year were killed in Swaziland for their horns, which were sold in southeast Asia to treat fever.

"Rhino horn does hold fever-reducing properties but it's not as effective as aspirin," said Reilly.

The other big market is Yemen, where a dagger handle made from rhino horn is a major status symbol.

Reilly said Swaziland's rhinos started getting killed after they had caught the eye of Zimbabwean poachers who had decimated that country's rhino population.

"In Zimbabwe, the poachers even shot rhinos that had been de-horned because they became frustrated if they spent a whole day tracking an animal only to find it had no horn and they did not want to waste time tracking it again by mistake," he said.

The poachers did not mess around, using AK-47s to kill the animals and scare off Swazi conservation officials, who were usually only armed with shotguns loaded with birdshot.

"The poachers were so cheeky that they actually entered bomas (holding pens for newly released animals), frightened off the officers with their assault rifles, killed the rhinos in the bomas and made off with the horns," Reilly said.

With 80 percent of Swaziland's rhinos killed off by 1991, Reilly and other conservationists pushed for legislation with teeth.

GETTING TOUGH WITH THE POACHERS

They got it in the form of the 1991 Game Act.

"It is a great piece of legislation because it introduces tough minimum punishments," Reilly said.

"It also removes discretion from the courts because they were playing around with us," he said.

The legislation divides the country's wildlife into three categories.

At the top of the list is "Specially Protected Game", comprising elephants, lions and rhinos.

Africa has two species of rhino, black and white. The names are misleading as both animals are grey and have two horns.

The larger and more social white rhino has a wide mouth and is a grazer while the black rhino has a hooked lip and browses on leaves.

Anyone convicted of poaching specially protected game in Swaziland faces a minimum sentence of five years in prison with no chance of buying their freedom with a fine.

They must also "replace" the slain animal by paying to have another one introduced to the reserve - which can cost tens of thousands of dollars in the case of rhino or elephant.

If they can't, they spend at least seven years in prison.

Swaziland is the only country in the world with mandatory replacement legislation for the killing of game, which is in line with an old Swazi custom that says if you kill a man's cow you must "bring it back to life."

For the killing of royal game - which covers the vast majority of wildlife in sub-Saharan Africa's last absolute monarchy - the minimum punishment is a 4,000 emalangeni ($500) fine plus the replacement of the animal or cash payment for the value of the animal.

If not, you get two years in prison.

As well, the fine cannot be less than the value of the animal taken, which in the case of a sable antelope would be around $3,200 or more.

In the case of "common game" - impala antelope, grey duiker, blue wildebeest and warthog - the minimum fine is 600 emalangeni or six months in jail plus the replacement of the killed animal.

If you can't replace the animal you get an extra year in prison.

Swazi rangers have also been armed with assault rifles and are allowed to shoot to kill to protect themselves. They have killed at least two poachers in the past 10 years and shot and wounded several others.

"Poachers are ruthless and they use weapons of war. Our rangers have to protect themselves," says Reilly.

Swaziland's game rangers, and anyone acting under their instruction, are also immune from prosecution when they are executing their duty and have the right to search and arrest without a warrant.

RESULTS SPEAK FOR THEMSELVES

Reilly says the results speak for themselves.

"Since December 1992, we have not lost a single rhinoceros or elephant to poachers," he said.

This has allowed the country's rhino population to recover but Reilly says the exact number cannot be made public for security reasons.

"The legislation is only part of the story. We also have very dedicated rangers and other staff who have made it all possible," he said.

Conservationists across Africa and elsewhere have said Swaziland's no-nonsense approach is a model for other countries on the continent.

Prince Bernhard of the Netherlands, a noted conservationist and fan of African wildlife, heaped praise on Swaziland's efforts to contain poaching earlier this year during a visit to the kingdom and South Africa.

But Reilly said there was no room for complacency, noting with concern that a backlog of cases in the courts could be used by poachers as a window of opportunity.

"People will take advantage if they see things are not coming to trial so we have to move things along in the courts. Right now it is more of a threat than a reality but we could see a new increase in poaching if it persists," he said.

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