3. Rashida did not violate AEWA Articles II and III and Resolutions 3.18 and 4.

15

It is in the objectives of the AEWA agreement to ensure habitat conservation of

waterbirds.1 Rashida in dispensing disinfectants to the Aisha Marsh was acting in accordance to

this rule as their primary intention was to prevent the spread of the virus around the very habitat

of the waterbirds and in a way conserving such area. Furthermore, Rashida in their responses, did

not violate AEWA Articles II and III, since the right of any Party to adopt a stricter measure

involving conservation of migratory water birds and their habitats is not affected by the provisions

of AEWA agreement. 2

Under AEWA also, Parties may implement necessary emergency measures whenever

exceptionally unfavorable or endangering conditions occur anywhere in the Agreement area, in

this case the outbreak of the highly pathogenic avian influenza in the Aisha Marsh and the

emergency measures are the culling and the dispensing of disinfectants. 3

Resolutions 3.18 and 4.15 of the AEWA, put forth by Abayomi against Rashida, are non-

binding to Rashida, but nevertheless their responses are still in accordance to the objectives of

these resolutions which is to prevent the spread of the avian influenza in the Aisha Marsh.

1
Annex 3 paragraph 3 of AEWA
2
Article XI of AEWA
3
Annex 3, paragraph 2.3 of AEWA
4. Rashida did not violate CBD Article 5 and 8

The Convention on Biological Diversity (CBD) recognizes the importance of biodiversity

to humankind and seeks Parties to implement measures to conserve this biological diversity.4

And in accordance with CBD in promoting the protection of ecosystems, natural habitats and the

maintenance of viable populations of species in natural surroundings, the actions of Rashida to

combat the spread of the virus in the Aisha Marsh, as this said virus can infect birds and animals

as well, are very much in line with the objectives of the convention and the provisions of Article

VIII.5

CBD also recognizes the difference between developed country Parties and developing

country Parties, and the extent of the implementation of the commitments of these developing

country Parties. The convention fully takes into account that economic and social development

and eradication of poverty are overriding priorities for such developing country Parties. 6 Hence

Rashida, a developing country that is dependent on poultry industry and tourism of Aisha Marsh,

in dispensing disinfectants to mitigate the spread of the avian flu virus did not violate CBD as

their acts were clearly motivated by overriding priorities of economic and health.

4
Preamble, CBD
5
Article VIII, par 8, CBD
6
Art 20 par 4, CBD