COMBATTING WILDLIFE CRIME

Presented by:

Mr Chiza Manda, Deputy Director, DNPWMr Jonathan Vaughan, LWT

CONTENTS

• DNPW & LWT: Partner projects

• The global wildlife crisis, forest & wildlife crime

• Focus on the ivory trade

• Moving forward

• Questions

The Department of National Parks and Wildlife (DNPW) is the state agency charged with responsibility of conserving and

managing wildlife

It draws its mandate from the Wildlife Policy of 2000 and the National Parks and Wildlife Act of 2004 as amended.

The key philosophy of the Wildlife Policy 2000 is

COLLABORATIVE MANAGEMENT

PARTNER PROJECTS

• INITIATIVES TO COMBAT WILDLIFE TRAFFICKING• Illegal Wildlife Trade assessment

• Airport sniffer dogs

• ADVOCACY• Stop Wildlife Crime campaign

• National Parks & Wildlife Act: revision

• National Elephant Action Plan (LWT as key contributor)

THE GLOBAL WILDLIFE CRISIS

THE WILDLIFE CRISIS

“Half of the world’s species lost in the last 40 years”

WWF, 2014

HUMANITARIAN IMPACTS

Loss of ecosystem services impacts food security, disaster resilience, clean water sources,

livelihoods etc etc

KEY CAUSES

1. Habitat loss

2. Wildlife crime

FOREST & WILDLIFE CRIME

• Defined as the illegal exploitation of the world’s wild flora and fauna (an estimated $23 billion per year).

• Now one of the largest transnational organized criminal activities (alongside drug trafficking, arms, and trafficking in humans).

• Criminal groups are using the same routes and techniques for wildlife trafficking as for smuggling of other illicit commodities, exploiting gaps in national law enforcement and criminal justice systems.

WHY ARE ELEPHANTS SUCH BIG NEWS?

• Wildlife crime is threatening elephants with extinction

• Elephants are a keystone species • Loss = collapse of a whole ecosystem

• Ivory trade impacts national security• Links with organised crime & terrorism

• Tourism in Sub-Saharan Africa relies on the wildlife experience• $36 billion per year, 300% growth since 1990

• One of Malawi’s 5 key pillars of economic growth

• Wildlife tourism needs forests too

Given the stakes, if we can’t save the elephants what hope is there for other species?

EVEN IF IT WERE LEGAL TO SELL AN ELEPHANT’S IVORY….

60% LOSS OF MALAWI’S ELEPHANTS SINCE ‘80S

AFRICA FACTS• 20,000 elephants poached per year• IUCN ‘threshold of sustainability’ crossed in 2010. • Extinction at current rates of poaching within 20 years?

• 1964-1970: 12,000 elephants

• 1980s: 4,000 elephants

• Today: ca. 1,700

• E.g. Kasungu: 2000 in ‘80s to 50 (today)

FOCUS ONTHE IVORY TRADE

IVORY TRAFFICKING: A TRANSNATIONAL ORGANISED CRIME

• Est. 100,000 of world’s elephants poached (2011-13)

• 2011: 1 in 12 African elephants killed by poachers

• Vulnerable communities often targeted by criminals around protected areas & paid a fraction of the value paid by the end consumer

IVORY TRAFFICKING: A TRANSNATIONAL ORGANISED CRIME

• Trafficking tripled since 1998.

• 170 tonnes seized (2009-2014)• 10% interception rate

• 70% of the volume of trafficked ivory is from large seizures• (>100kg moving from Central/East Africa to Asia)

• Evidence that the ivory trade is linked to terrorism and organised crime

IVORY TRAFFICKING: A TRANSNATIONAL ORGANISED CRIME

• 70% of ‘transactions’ are less than 10kg

• This is often ‘worked’ not raw ivory

IVORY TRAFFICKING: A TRANSNATIONAL ORGANISED CRIME

• Increase in Chinese consumption is driving demand

• Criminal syndicates are making the profits• $80/kg for poacher

• $2100/kg price on end market

ILLEGAL WILDLIFE TRADE ASSESSMENT

• Report commissioned by GIZ

• Co-authored by DNPW, LWT, Born Free & the Environmental Law Project

• Using UNODC ICCWC toolkit

• Law Enforcement, Judiciary & Prosecution, Drivers / Prevention & Legislation

MALAWI IS A SOURCE AND TRANSIT HUB

• Geography: surrounding key elephant regions of Mozambique, Zambia and Tanzania

• 2007-2014: 96% of large ivory seizures (>500kg) from protected areas adjacent to Malawi

• Perceived soft target: weak penalties, under-resourced law enforcement, high corruption perception index

MALAWI SEIZURES

• 50+ recorded cases elephant/rhino crime (01/11 – 10/14)

MALAWI SEIZURES

• Almost 3/4 of these were for ivory trafficking (most at KIA)

• The majority involved were Chinese nationals – engaging Chinese paramount

SOME CHALLENGES

• Poor management of wildlife crime data – man with three names

• Silo approach to prosecution and weak/ambiguous wildlife law

• Low awareness and priority for law enforcers – no specialisation, MRA customs role

• Low awareness and priority in the courts: poor deterrent sentences handed out – more arrests than sentences, $40 average fine

• Corruption and proceeds of crime

• Regional crimes needs regional solution

• Community conflicts and vulnerability – community poaching, outsiders

CASE STUDY: MZUZU

• 2.6 tonnes ivory intercepted by MRA in Mzuzu, 2013 • Equivalent to 390 elephants

• DNA tested from Mozambique and Tanzania

• $5,500 (MK3 million) fine each for the two brothers

• Vs other countries• South Africa: 10 years and $392,000 (K222 million) fine for 1 tonne.

• Kenya: $233,000 (K132 million) for 3.4kg (a single tusk)

MOVING FORWARD

IVORY TRADE IS BANNED

• International trade: banned under CITES* since 1989• Malawi has been a signatory since 1982

• Domestic moratorium since Sept 2014

*Convention on International Trade endangered species of Fauna and Flora

INTER-AGENCY COLLABORATION• DNPW

• Anti-Corruption Bureau

• Malawi Revenue Authority (Enforcement Department)

• Malawi Defence Force (Operations)

• Judiciary (Chief Resident Magistrate)

• Ministry of Justice (DPP)

• Financial Intelligence Unit

• Immigration (regional office Centre)

• Association of Environment Journalists

• Immigration Department

• National Intelligence Bureau

• NGO (Wildlife Environmental Society of Malawi)

Interagency Committee on Combatting Wildlife Crime

(IACCWC)

INTERNATIONAL COLLABORATION

In the past two years Malawi has signed a number of other international agreements regarding the illegal wildlife trade including:

• The Clinton Global Initiative (Sept 2013)• The London Declaration on Illegal Wildlife Trade (Feb 2014)• The Arusha Declaration on Wildlife Crime (Nov 2014)• The Kasane Statement on Illegal Wildlife Trade (June 2015)• The Elephant Protection Initiative (March 2015)

….and this includes putting ivory stockpiles out of economic use.

REVISION OF WILDLIFE ACT

• Key Findings During IWT Assessment• Strong legal framework but not utilised

• Weak principal legislation - NWPWA• Designation of Scientific and Management Authorities for purpose of CITES

• Definitional issues – protected species, listed species, wildlife, endangered species etc

• Penalty Provisions• Serious Crime and UN Convention on Organized Crime

• Unenforceable – contradictory and incomprehensible in parts (unconstitutional??)

• RoM vs Maria Akimu High Court Case (2003) - fine and custodial sentence (not suspended) and first time offender

REVISION OF WILDLIFE ACT

• Led by Ministry of Justice• Supported by DNPW, LWT, Env’l Law Project + prosecutors.

• Donor funding from GIZ

• Key areas for revision: • Recommendations made during IWT Assessment & others will be considered

• Penalty provisions

• Definitions

• Compliance with constitution

REVISION OF WILDLIFE ACT

• Timeline• Oct: Draft

• Nov: Consultations (ICCWC, Ministry, national consultation)

• Dec: Final drafting, submission to Attorney General

• Jan: Submission to Legal Affairs & Natural Resource Parliamentary Committees

• Feb: Submission to Parliament (June 2016?)

FINALLY…MALAWI’S IVORY IS

NOT FOR TRADE

MALAWI’S IVORY IS CONTRABAND & CAN NEVER BE SOLD

• It is ILLEGAL to sell the ivory…therefore is only valuable to criminals.

• There is NO LEGAL MONEY to be made for conservation or humanitarian causes.

• >90% Malawi’s ivory is from confiscations. CITES has NEVER permitted any sale of confiscated ivory.

FOLLOWING THE LEAD OF OTHER COUNTRIES

AFRICA

Chad

Ethiopia

Gabon

Kenya

Mozambique

Republic of Congo

Zambia

REST OF THE WORLD

BelgiumChinaFranceHong KongPhilippinesUKUnited Arab EmiratesUSA

THE IVORY MUST BE PUT OUT OF ECONOMIC USE• Stockpiles are a target for theft and an

inducement for corruption.

• Stockpile destruction is a clear conservation commitment which will attract the confidence of donors.

• Security is a wasted expense

• Prevents the risk of the law being under-mined and confiscated ivory being leaked back into the illegal market. • A theft would be extremely embarrassing. Can not afford another high

profile corruption scandal.

• Sends a clear message that ivory is not for trade.

*Convention on International Trade endangered species of Fauna and Flora

QUESTIONS?