SUBMISSION ON SOUTH AFRICA’S DRAFT NATIONAL BIODIVERSITY STRATEGY AND ACTION PLAN 2026–2035

This document is a very detailed submission critiquing South Africa’s Draft National Biodiversity Strategy and Action Plan 2026–2035, emphasizing the need for a paradigm shift towards ecocentric, rights-based, and precautionary approaches to biodiversity conservation and sustainable use.

This is a simplified summary of the core submission:

Fundamental Conservation Principles

The EMS Foundation’s opinion is that the draft lacks recognition of Nature’s intrinsic value, sentience, and Earth jurisprudence. EMS advocates for an ecocentric, rights-based approach emphasizing ecological integrity and harmonious coexistence.

Definitions and Scope of Conservation

The EMS Foundation strongly believes that conservation should focus on protecting, restoring, and maintaining wild, indigenous species and habitats. Activities like trade, extraction, and captive breeding should be distinguished from true conservation efforts.

Animal Well-being and Ethical Standards

Animal well-being must be an enforceable, cross-cutting requirement across all wildlife activities. The draft should establish comprehensive regulations and standards for species protection and animal care.

Implementation and Accountability

The EMS Foundation believes that the current strategy’s implementation is incomplete, lacking detailed activities, budgets, and deadlines. Clear milestones, independent reviews, and transparent reporting are essential for effective progress.

Global Commitments and Urgency

South Africa’s targets must align with the 2030 KMGBF goals, including specific milestones. The draft risks delaying urgent global biodiversity actions by extending the planning horizon to 2035.

Cross-Cutting Principle of Ecological Coexistence

The EMS Foundation proposes defining ‘harmonious coexistence within Nature’ as a decision principle. Every work plan should explain how it protects ecological communities, processes, and species rights.

Ubuntu as Interdependence and Responsibility

Extends Ubuntu beyond human benefit-sharing to include care, restraint, and ecological accountability. The EMS Foundation recommends developing an Ubuntu-based principle with diverse African knowledge, avoiding a single ‘African’ view.

Future Generations and Long-term Impact

The EMS Foundation calls for impact assessments considering irreversible harm and ecological thresholds and recommends establishing an independent voice for future interests within the NBSAP.

Ecological Trusteeship and Legal Reform

The EMS Foundation urges integrating ecological duties, habitat rights, and sentience into governance. The EMS Foundation suggests a law reform process to develop enforceable ecological responsibilities for State and private actors.

Legal Foundations for Animal Sentience and Well-being

The EMS Foundation highlights jurisprudence recognizing animals as sentient and their intrinsic value. The EMS Foundation recommends embedding animal welfare, sentience, and well-being into the legal and policy framework.

Animal Well-being as a Cross-Cutting Mandate

The EMS Foundation suggests replacing the word ‘consider’ with binding requirements to protect animal welfare across all activities. Calls for standards, indicators, transparency, and independent oversight for animal well-being.

Development of Wild Animal Well-being Regulations

The EMS Foundation recommends developing comprehensive regulations under NEMBA by 2028 and emphasizes inclusive, transparent stakeholder engagement in regulation development.