Penal Sanctions on Unlawful Possession of Trophies and Weapons in Tanzania

Abstract

Wildlife in Tanzania has been property and responsibility of the state since the colonial period. In the late 1900s, however, the government ushered in new policies that granted wildlife user rights to communities that established Wildlife Management Areas (WMAs) on Village Land. In 1974, the independent government of Tanzania passed the Wildlife Conservation Act, which further consolidated central control over wildlife in State agencies. The Act re-emphasized that wildlife is State property, further restricted access to and use of wildlife by local people, and gave the government greater control over commercial uses of wildlife. For the purpose of this session the term Act means the Wildlife Conservations Act of 2009. There are number of legislations that provides for a number of penalties and convictions relation to unlawful possession of government trophies and other relevant penalties relating to government trophies. These legislations may have different penalties and convictions compared to the principal legislation which is Wildlife Conservations Act of 2009. However, due to the amendments made to the Economic and Organized Crime Control Act, 1984, [RE. 2016] by the Written Laws (Miscellaneous Amendments) Act No.3 of 2016 which includes wildlife and firearms offences, the punishments and fines vary in accordance with the type or class of animal hunted, killed or poached as specified by the Act. The most protected species, the more punishments and fines imposed. This paper presents some of the provisions as provided by some legislation on penalties and convictions in relation to unlawful possession of government trophies and weapons in Tanzania. For the purpose of this paper, the Acts referred shall be The Wildlife Conservations Act of 2009, the Economic and Organized Crime Control Act, 1984, [RE. 2016], the National Park Act [Cap.282 RE.2002] and the Firearms and Ammunition Control Act No.2 of 2015.