SE Asia: no safe haven for endangered species

With the Asean Economic Community (AEC) coming into effect in just over a year, the need for proper national regulatory frameworks to combat wildlife crime is becoming increasingly urgent. Each year, billions of dollars in illegally obtained wildlife (including endangered mammals, fish and timber) move across borders, often via international crime networks. Southeast Asia is a global hotspot for wildlife crime and a regional transportation hub for protected wildlife and wildlife products destined for consumer markets in China and Vietnam.

The borders throughout Asean suffer from uneven enforcement, loopholes and weak penalties for violators of crimes such as wildlife trafficking. Law enforcers are also missing opportunities to apply non-wildlife laws to organised wildlife criminals, such as money laundering and tax evasion offences. Recent programmes led by regional anti-wildlife trafficking body Asean-WEN (Asean Wildlife Enforcement Network) have helped increase law enforcement actions by as much as tenfold. However, prosecutions and convictions are not occurring at the level and frequency necessary to disrupt and dismantle the criminal syndicates profiting from illegal trade in wildlife. Government officials have their hands tied without the backing of strong laws and proper application of existing legislation.

“Asean-WEN national task forces and agencies reported 943 actions against wildlife traffickers from 2008-2012, confiscating wildlife worth an estimated US$89.83 million on the black market, and arresting at least 1,211 suspects. From 2008-2012 task forces reported convictions of 110 wildlife smugglers,” said Manop Lauprasert, chief of Asean-WEN’s secretariat in Bangkok.

“This trafficking problem has posed serious implications not only for national security and the environment, but has also threatened human welfare and security. Strong laws coupled with strengthened law enforcement capacity and efforts in the region can address this security concern,” added Manop, who was director of Thailand’s CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) Office prior to his appointment as secretariat chief of Asean-WEN.

Thailand has emerged as a transportation hub for wildlife trafficking because of loose laws and loopholes within existing laws. “The government needs to focus on enhancing forestry resources and wildlife policies. Together with good policies, we also need direct and tangible actions by the government,”said Senator Sumol Sutaviriyawat, chair of the Thai Senate Sub-Committee on Forestry Resources, Wildlife and Plants, and the Senate Committee on Corruption Investigation and Good Governance Promotion.

Thailand recognises CITES, the international treaty against trading in endangered species. Thailand became a party to CITES in 1983 

Within Thailand, CITES is implemented by two principal laws: the Wildlife and Reservations Protection Act (WARPA) and the Plant Act, which protects species of flora. Both were enacted more than twenty years ago. WARPA desperately needs amending and contains loopholes that criminals continue to exploit. Essentially, WARPA protects wildlife listed under CITES against importation and exportation, not domestic trade of non-native species.

In early 2012, during a Thai parliamentary hearing, MP Narit Khumnurak, chair of the Committee on Land, Natural Resources and Environment, directed the Department of National Parks, Wildlife and Plant Conservation (DNP) to expedite the drafting of a new wildlife act that will respond to WARPA issues. On September 23, the DNP held a public hearing to discuss issues confronting the existing wildlife act, with stakeholders from the government, business and NGOs.

“Thailand is considered a regional hub of illegal wildlife trade not just because of our porous borders, strong air and land trade infrastructures and connectivity, but because of glaring loopholes in our laws, specifically the 1993 WARPA. We want to change the status quo. We have been continuously attacked for dereliction of duties under CITES, but it’s really complicated, as our national laws still have wiggle-room for illegal trade business,” said Senate Vice-President Surachai Liengboonlertchai, who formerly chaired the Senate’s Standing Committee on Natural Resources and Environment.

“By enhancing WARPA and fixing its loopholes, we save not just one or two species like elephant and tigers, but all protected species in Thailand and those considered threatened under CITES. A new law is not a panacea, but ensuring that criminals cannot manoeuvre over it, is a great start. I call upon my colleagues in the government to hasten the submission of the draft WARPA for public and parliamentary review. Time is running out for our endangered species and for Thailand to respond to our AEC commitments. We need to act fast!” added Surachai.

Regionally, work is being done to strengthen the laws and cooperation to combat wildlife crime. On September 19, 2012, over 400 parliamentarians, ministers and senior government officials convened for the 33rd Asean Inter-Parliamentary Assembly (AIPA) in Lombok, Indonesia and approved a resolution to strengthen law enforcement and regional cooperation to combat wildlife crime. The resolution specifically endorses the efforts of the USAID-funded ARREST (Asia’s Regional Response to Endangered Species Trafficking) Programme, its implementing partner Freeland, and Asean -WEN. It calls on parliaments to strengthen and harmonise legislation in support of law enforcement task forces operating under Asean-WEN. This will include the formation of new parliamentary working groups to explore the establishment of a common CITES mechanism in preparation for the AEC. The resolution also calls upon AIPA members to place wildlife crime on the permanent agenda of the Asean Senior Officials Meeting on Transnational Crime and Asean Chiefs of Police Meeting.

Freeland will work with all relevant agencies in the Thai government and other Asean countries to enhance policy responses for better wildlife law enforcement. There are demoralised enforcers due to low sanctions imposed by courts on wildlife criminals. We have been supporting legal reviews and analysis for Asean since 2010 and will continue to support Asean governments in delivering tools for prosecution and of course enhancing policies.

 

Freeland Foundation is a non-profit organisation dedicated to ending animal trafficking and human slavery.