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ISLAMABAD: The federal government has asked the
Supreme Court to reconsider a ban on hunting
houbara bustard by foreign dignitaries, saying the
restriction was adversely affecting the country’s
already-weakened relations with the Gulf states in
the wake of turmoil in the region.
“The petition involved a question of fundamental
importance having direct bearing upon foreign
relations of the federation with the Gulf states,” the
Ministry of Foreign Affairs pleaded in a petition
seeking a review of the Aug 19 verdict.
A three-judge Supreme Court bench, headed by
then Chief Justice Jawwad S Khawaja, had ordered
the federal and provincial governments not to
grant licences or permits to hunt the endangered
bird in the future.
But the federal government argued that the matter
concerned the country’s external affairs, matters
the superior courts usually avoided interfering
with.
The review petition pleaded that falconry is a
significant feature of Pakistan’s relations with
Middle Eastern countries. Falconry is not merely a
sport for Arabs, but also one of their most
cherished customs and recognised as a cultural
heritage by Unesco.
Supreme Court asked to lift ban on
hunting of houbara bustard
For over four decades, the petition recalled, the
Ministry of Foreign Affairs had been extending
invitations to Arab dignitaries for the sustainable
hunting of the houbara bustard through falconry,
in view of Pakistan’s strong fraternal and
diplomatic relations with Gulf countries. The
permits were issued following a strict code of
conduct issued by the Foreign Ministry.
Since inviting Arab dignitaries to hunt in Pakistan
was a “cornerstone of foreign policy”, in
continuance of past practice, foreign dignitaries
were invited to Pakistan for the 2014-2015 hunting
season.
The petition contended that under the provincial
wildlife laws of Punjab, Sindh and Khyber
Pakhtunkhwa (KP), the respective provincial
governments have statutory power to remove any
category of wildlife from the schedule of protected
animals.
In Balochistan, the houbara bustard is a game
animal under the Balochistan Wildlife (Protection,
Preservation, Conservation and Management) Act
2014 and the hunting of this species is permissible
under the law, subject to certain conditions.
By placing a complete ban on the hunting of the
houbara bustard, the Supreme Court had travelled
beyond the scope of law since the vires of
provincial wildlife laws were admittedly never in
question. Besides, none of the provisions of these
laws were struck down by the court for being
unconstitutional, the review said.
Moreover to determine the actual population of the
bird was a complex task that required concerted
efforts. Since the houbara bustard, the review
explained, was a migratory bird and extends its
reach from Egypt to Mongolia and China.
It is a well established principle that the protection
of conservation of wildlife species in its natural
habitat can only be achieved through the
sustainable use of natural resources, the petition
said, adding that International Union for
Conservation of Nature (IUCN) recognised that the
economies, cultures and well being of all human
societies depend on the use of biodiversity, rather
than constructing artificial distinction between
people and nature.
The sustainable use of natural resources as defined
by IUCN clearly demonstrates that sustainable use
of wildlife is central to its preservation and
protection. By placing a complete ban, the apex
court has negated well-settled norms of the world
community for the sustainable use of natural
resources.
Moreover, the foreign dignitaries brought with
them considerable finances which were exclusively
used for the development of the people in the areas
where they hunted. Locals are also persuaded to
arrangement for the breeding of the species and,
often, a large number of the birds are released.
Published in Dawn, October 18th , 2015
Inviting Arabs to hunt is pillar of foreign policy: govt - Pakistan - DAWN.COM
Supreme Court to reconsider a ban on hunting
houbara bustard by foreign dignitaries, saying the
restriction was adversely affecting the country’s
already-weakened relations with the Gulf states in
the wake of turmoil in the region.
“The petition involved a question of fundamental
importance having direct bearing upon foreign
relations of the federation with the Gulf states,” the
Ministry of Foreign Affairs pleaded in a petition
seeking a review of the Aug 19 verdict.
A three-judge Supreme Court bench, headed by
then Chief Justice Jawwad S Khawaja, had ordered
the federal and provincial governments not to
grant licences or permits to hunt the endangered
bird in the future.
But the federal government argued that the matter
concerned the country’s external affairs, matters
the superior courts usually avoided interfering
with.
The review petition pleaded that falconry is a
significant feature of Pakistan’s relations with
Middle Eastern countries. Falconry is not merely a
sport for Arabs, but also one of their most
cherished customs and recognised as a cultural
heritage by Unesco.
Supreme Court asked to lift ban on
hunting of houbara bustard
For over four decades, the petition recalled, the
Ministry of Foreign Affairs had been extending
invitations to Arab dignitaries for the sustainable
hunting of the houbara bustard through falconry,
in view of Pakistan’s strong fraternal and
diplomatic relations with Gulf countries. The
permits were issued following a strict code of
conduct issued by the Foreign Ministry.
Since inviting Arab dignitaries to hunt in Pakistan
was a “cornerstone of foreign policy”, in
continuance of past practice, foreign dignitaries
were invited to Pakistan for the 2014-2015 hunting
season.
The petition contended that under the provincial
wildlife laws of Punjab, Sindh and Khyber
Pakhtunkhwa (KP), the respective provincial
governments have statutory power to remove any
category of wildlife from the schedule of protected
animals.
In Balochistan, the houbara bustard is a game
animal under the Balochistan Wildlife (Protection,
Preservation, Conservation and Management) Act
2014 and the hunting of this species is permissible
under the law, subject to certain conditions.
By placing a complete ban on the hunting of the
houbara bustard, the Supreme Court had travelled
beyond the scope of law since the vires of
provincial wildlife laws were admittedly never in
question. Besides, none of the provisions of these
laws were struck down by the court for being
unconstitutional, the review said.
Moreover to determine the actual population of the
bird was a complex task that required concerted
efforts. Since the houbara bustard, the review
explained, was a migratory bird and extends its
reach from Egypt to Mongolia and China.
It is a well established principle that the protection
of conservation of wildlife species in its natural
habitat can only be achieved through the
sustainable use of natural resources, the petition
said, adding that International Union for
Conservation of Nature (IUCN) recognised that the
economies, cultures and well being of all human
societies depend on the use of biodiversity, rather
than constructing artificial distinction between
people and nature.
The sustainable use of natural resources as defined
by IUCN clearly demonstrates that sustainable use
of wildlife is central to its preservation and
protection. By placing a complete ban, the apex
court has negated well-settled norms of the world
community for the sustainable use of natural
resources.
Moreover, the foreign dignitaries brought with
them considerable finances which were exclusively
used for the development of the people in the areas
where they hunted. Locals are also persuaded to
arrangement for the breeding of the species and,
often, a large number of the birds are released.
Published in Dawn, October 18th , 2015
Inviting Arabs to hunt is pillar of foreign policy: govt - Pakistan - DAWN.COM
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