Sports And Illegal Hunting Against Species In Extinction In Colombia.

Sports and illegal hunting against species in extinction in Colombia.

Introduction

This research focuses on a reflexive analysis of illegal-defective or sports hunting, the consequences that this generates and international rights that guarantee protection to species in extinction.

The problem that is generated due to people who look for this type of activity.

Pastive hunting

Pastive hunting does not have any permission to be done, this generates problems in the face of the protection of animals and species in extinction. In general, this hunt is not done with the necessary measures, and the weapons that are used are not regulated, which starts a crime class that generally in less developed or regulated countries is almost impossible to control.

The futility generated by criminals for the illegal sale of ivory, and the profit generated by this activity for the production of carved objects has been used from very different animals. Before the appearance of plastic was wide.

Matrix

International Human Rights Law is a system of international norms aimed at protecting and promoting the human rights of all persons. These rights, which are inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, skin color, religion, language or any other condition, are interrelated and interdependent and indivisible. They are often expressed in law and guaranteed by him, in the form of treaties, norms of customary international law, general principles of law and instruments of incipient law of an non -binding nature.

Human rights entail both rights and obligations. International Human Rights Law establishes the obligations of states to act in a certain way or refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of people or groups.

International Humanitarian Law is a set of norms that, for humanitarian reasons, aspire to limit the effects of armed conflict. It protects people who do not participate or have stopped participating in hostilities and restricts combat media and methods. Its scope is, therefore, limited ratione subject to armed conflict situations. International Humanitarian Law is part of the Ius in Bello (the right on the way in which force can be used), which has to be differentiated and separated from the ius ad Bellum (the right over the legitimacy of the use of force). The use of force is prohibited by the United Nations Charter. However, all parties in armed conflicts, regardless of whether or not their cause is justified, have the same obligation to apply international humanitarian law. This equality between the belligerent parties also allows establishing a fundamental distinction between an armed conflict, to which international humanitarian law, and a crime applied, to which only criminal legislation and human rights norms on the maintenance of public order are applied.

For years it was main

Problem

Most countries have proposed the creation of laws to stop or limit the hunting of endangered species. In fact there is a treaty known as the Convention on International Trade of Endangered Species of Wildlife and Flora (CITES), which has been signed by most countries.

Although many animals are protected against hunting, that does not stop some unscrupulous people who practice illegal hunting from them. This is known as poaching and in many places it represents a lucrative activity thanks to the high prices that horns, ivory and skin of these protected animals have, among other parts of the body.

The Convention on International Trade of Endangered Species of wildlife and Flora. Since 1989, so many Ivory seizures had not been registered. These conclusions, based mainly on data presented by governments, will be presented at the 62nd Meeting of the Permanent Committee of the CITES that will be held in Geneva from July 23 to 27, 2012.

The report analyzes the data of the CITES program on the supervision of the illegal killing of elephants, the IUCN data on the state of the populations of elephants, the information system on the trade of elephants managed by Traffic, andThe Database of the CITES of the trade administered by the World Conservation Surveillance Center of UNEP, UNEP-CMCM.

These reliable information sources have shown a very close relationship between poaching trends and the large -scale seizures of ivory by essentially detecting the same patterns in each link that composes the illegal illegal trade chain of ivory.

Illegal animal trafficking generates worldwide a business that exceeds 10.000 of dollars ’, denounced last November the Secretary of State of the United States, Hillary Clinton, who recognized that in recent years‘ the black market of animals is more organized, more lucrative, more widespread and more dangerous than ever ’. 

The numerous poaching hunt that all parks face far exceeds the numbers of the regulated hunting. The problem is that the limit between the legal and the illegal is too fine. Many hunting reserves are forced to hunt animals prohibited by competition.

Objectives

It is said that this problem also generates that some hunt to eat, but that is not the problem, it is only one piece per week to alleviate hunger, especially in dry season that the countryside does not produce anything, as is evident in Colombia thatThe ethnicities that still live in our territory practice it, hunt them to be able to feed. The problem is the mafias that hunt kilos of meat that then sell in the black market. According to a study in National Geographic there are more than 800 thousand species at risk due to sport hunting.

And hunting as a sport that in Colombia has generated great devastation to the species that are protected, stating international and treated studies, in this country the study for the prohibition of sports hunting begins and the research question arises:

Can sport hunting be responsible for every day the extinction of protected species in Colombia is generated more?

Faced with this problem, a debate opens that the lawyer Andrea Delgado and the lawyer Ricardo Ordoñez speak: Delgado said that in Colombia the risk that animals are fully eliminated due to the activity of the human. It was emphatic that the State must educate and raise awareness of citizens about the feeling and suffering of animals to end practices that use them for the fun of people. He argued that the human being has become a plague for the other individuals with whom Cohabit.

For his part, Ordonez argued that the path of the prohibition of sports hunting is not the right way to seek to protect animals, because – for him – the prohibition of any activity does not reduce its action, but increases illegality. He pointed out that sports hunters are the main defenders of species conservation, since if the animals that are hunting. He pointed out that this practice has a very small percentage in Colombia, so a prohibition would not cause any positive effect when protecting animals. 

Prohibition

A demand filed by Laura Juliana Santacoloma, which seeks to prohibit this practice from reducing animals to a "mere business". Laura Juliana Santacoloma Méndez, who claims that sport hunting is unaware of the principles of human dignity, solidarity and prevalence of the general interest. And he states that with this they are reduced to animals to a "mere business". "Within the framework of the limit of the rights that would be their own to the animals of existing and not suffering without morally unjustified reasons, sport hunting implies an abuse of rights," what generates a debate and a process exposed to the Constitutional Court,To make the decision on whether sports hunting or not, the position of the Colombian Federation of Tire and Hunting, organization that defends the practice is also taken into account. José Ignacio Lombana Sierra Executive Vice President of the Federation, considers that the problem is when hunting is done without regulation.

He says that on the contrary, hunting generates benefits: “In hunting, either control, promotion, or sports, it just has very important benefits for the environment, since we contribute to control, the balance of ecosystems and it is what it is whatwhich even leads to which species, which at some point can become pests, do not end with other types of species, or even that man has to resort to indiscriminate control methods ”.

In addition to this intervention, the Court will take into account the two concepts of the Government: that of the current one who asks to prohibit this practice and the Attorney General argues that, “killing an animal by recreation is to ignore the progress achieved in terms of protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection of the protection ofecosystem and ignore our duty to protect animals as living beings and not as objects ”. Fernando Carrillo laid his position and told the Court that there is no valid justification for sport hunting. In his concept, "it is imperative to withdraw from the legal system the norms demanded, which allow the death, torture and mutilation of animals exclusively to recreate the human being".

Faced with this, the Ministry of Environment defends sports hunting before the Constitutional Court and argues that its endorse. Among the elements that the high court has to fail is a concept of the Ministry of Environment that ensures that this practice does not put wildlife at risk. And another from the legal agency of the State that defends the right to hunt.

The Court ensures that its decision is due to the fact that Decree Law 2811 of 1974 and the 1989 Animal Protection Statute go against environmental protection. With seven votes in favor and two against, he failed in favor of the measure that will enter into force in a year.

Justification

The controversy is served because those who practice this activity consider that sport hunting should not be prohibited, but regulate. However, environmentalists and authorities think otherwise: the decision of the Constitutional Court is successful because it controls illegal animals.

In Barranquilla some 40 people are part of the Colombian Federation of Shooting and Sports Hunting, a club that brings together expert handles, who consider that the practice has sports ends, but also has considerations such as "the biological control of species". (Jiménez, 2019)

Protected by the National Code of Renewable Natural Resources and Environmental Protection, many hunters in the country have given them viability to practice, backed by Chapter 2 of article 252, which refers to the same.

Sport hunting is what is done as recreation and exercise, without another purpose than its own realization.

In this, animal protective societies intervened before the Constitutional Court to tell him no more to sports and illegal hunting.

The president of the Constitutional Court, Alejandro Linares, announced that sports hunting in the national territory is left without effect. This decision will begin to be governed a year after the providence was issued, this in order for the entities dedicated to such practice to be coupled.

Analysis

In Colombia, this type of sports hunting lent itself to Colombian fauna traffic that was often protected as the Andes condor for the commercialization of its feathers and hunting are some of its main threats. And it is one of the 71 species in Colombia in extinction.

There is also the iguana the main reason for illegal traffic in the case of this species, it is the high demand of its eggs for some seasons of the year.

This is what the constitutional Court seeks to prevent the extinction of these animals that are in irrigation, in Colombia there are laws that prohibit the hunting and illegal traffic of species such as: the National Statute for the Protection of Animals (Law 84 of 1989 of 1989), Decree 1076 of 2015, by means of which the single decree is issued

Regulatory of the Environment and Sustainable Development, National Code of Renewable Natural Resources and Environmental Protection 

conclusion

With this problem that was evidenced in Colombia and the law that began to govern from next year, it is sought that illegal hunting, traffic and mafias that profit from this activity are reduced. Thus protecting the fauna and flora that this country offers us.

It is evident that these types of activities increase violence, insecurity and extinction of different species. Sport hunting was prohibited because it did not generate a contribution, on the contrary they were dedicated to ending species protecting themselves in the law and what was established, without giving a contribution to these ecosystems that affected.

Illegal hunting and species traffic if it is responsible for the extinction of protected species, is the cause of the deterioration of ecosystems and is not regulated, or allowed in any state since there are several treaties that prohibit it.

References

• Brandoli, j. (2012). The billionaire business of illegal hunting. the world.
• Caracol Radio. (2019). "The problem is not sports hunting, it is illegal hunting". Caracol Radio.
• Convention on international trade of threatened species of wildlife and flora. (2016). Pawning hunting indices. 1.
• Jiménez, l. (2019). Sports hunting, in the sights of fans and environmentalists. The Herald .
• Loaiz, a. V. (2019). The Constitutional Court said no more to sports hunting in Colombia. Legal matters .
• Radio, w. (February 4, 2019). Should sport hunting in Colombia be prohibited? W Radio .