latf presentation

7/31/2019 LATF Presentation

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Logo

Lusaka Agreement Task Forces

Mandate and Role in EnforcingWildlife Laws

T.N Rwegasira

Lusaka Agreement Task Force


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LogoOutline

Highlights on the Lusaka Agreement and the

functions of its Task Force [LATF].

1

Experience and details of some recent data on seizures,

investigations and prosecutions

2

3 The Way Forward in enhancing cooperation andnetworking


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LogoLusaka Agreement

Wildlife LE officers at a conference held in Lusaka Zambia in Dec 1992pointed out inadequate co-operation as a hindrance to effectivecombating of international wildlife smuggling syndicates and poachinggangs across the borders,

Recommended establishment of a multilateral environmentalagreement to facilitate efforts aimed at combating cross borderwildlife crimes;

An intergovernmental Agreement for cooperative enforcementoperations directed at illegal trade in wild fauna and flora wasadopted in Lusaka, Zambia on 8th September 1994 hence Lusaka

Agreement.

Entered into force December 1996;


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LogoParties to Lusaka Agreement

There are currently 7 PartyStates that have ratified the

Agreement: Congo -Brazzaville,

Kenya, Lesotho, Liberia, Uganda,

Tanzania and Zambia

Three signatories (Ethiopia, South

Africa & Swaziland)

The Agreement is open for

accession to all African states


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LogoObjectives Lusaka Agreement

To reduce and ultimately eliminate illegal trade in wild Fauna and

Flora;

To establish a permanent Task Force (Lusaka Agreement Task

Force-LATF) for the purpose;

The Agreement is aimed at easing the administrative difficulties hamperingcross-border efforts to combat illegal trade in wild fauna and flora.


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LogoOrgans of Lusaka Agreement

GOVERNING COUNCIL

Policy & Decision Making

NATIONAL BUREAU

National Enforcement &

Implementation

TASK FORCE

Secretariat & Operational

Arm


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LogoOrgans of Lusaka Agreement

Governing Council

National Bureau

Task Force (LATF)

- Policy & decision making body with oversightfunction in the implementation of the LA

provide to and receive from the Task Force

information on illegal trade; and

coordinate with the Task Force on investigations

that involve illegal trade.

networking and collaboration at national level

with relevant national agencies

facilitates and monitors the implementation

and enforcement of the Agreement

Coordinate multi-level law enforcement and

governance within the realms of the Lusaka

Agreement.


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Lusaka Agreement Task Force

LATF is a unique permanent intergovernmental law enforcementorganization as well as secretariat of the Agreement;

Established in June 1999, in accordance with the provisions of the Lusaka

Agreement (under Article 5), has Seat in Nairobi, Kenya ;

Comprises law enforcement officers from Party states and support staff

from host country;

Its main function is to coordinate regional efforts aimed at reducing

illegal trade in wild fauna and flora in Africa;


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LogoLATF-Mandates

The work of the LATF is guided by :

The provisions of the Lusaka Agreement (Lusaka Final Act 1994);

Rules

Decisions of the Governing Council [GC] ;

Specific policies as adopted by its policy-making organ, the GC.

Strategic Plan

At national level, Parties are required to incorporate/domesticate the

provisions of LA in national legislations.


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LogoLATF-Mandates

Have in the territory of each Party the legal capacity required for the

performance of its functions under the Agreement;

Seconded officers retain their enforcement mandate and are accorded

international civil servant status;

Seconded officers carry out cross-border operations and investigations in

close cooperation with National Bureaus;

To facilitate the Task Force to fulfill its functions , the Agreement gives

the Officers necessary immunities and privileges while on official duty


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LogoLATF-Functions

Article 5(9) of the Agreement sets out clearly the functions and responsibilities ofthe Task Force. These include:

To facilitate cooperative law enforcement activities among the NBs of the Parties

pertaining to illegal trade in wild fauna and flora;

To investigate violations of national laws pertaining to illegal trade, and to present to

Parties evidence gathered during such investigations;

To collect, process and disseminate information on activities that pertain to illegal

trade, including establishing and maintaining databases;

To provide, upon request of the Parties concerned, available information related to the

return to the country of original export, or country of re-export, of confiscated wild

fauna and flora;


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LogoLATF-Activities

For the Task Force to fulfill its mandate effectively, it undertakes a number

of activities. These include:

Conducting joint cooperative law enforcement operations with National

Bureaus;

Participating in international investigations into illegal trade in wild fauna andflora (NBs, WCO, INTERPOL)

Gathering intelligence and disseminating intelligence information to Party

States and partners;

Facilitating establishment of wildlife Intelligence and Investigation Units,

National inter-agency collaborative mechanisms and cross border meetings

among neighboring countries;

Providing regular specialized training courses/workshops on law enforcement

Contributing to raising of awareness on the negative effectives of

environmental crimes


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LogoPartnerships

Implement specific programmes including wildlife law

enforcement &capacity building;

Exchange intelligence and develop strategies for combating

illegal wildlife trade;

Funding opportunities

OCFSA ASEAN-WEN
http://www.ias.unu.edu/


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LogoLATF Experience

Wildlife crime is increasingly becoming organized and transnational in

nature;

Mainly committed at two levels;

local level - by those who engage in poaching and illegal logging to meet

their subsistence objectives

international level - involving criminal networks composed of nationals and

foreigners for commercial purposes

Links with other serious and organized crime (document fraud,corruption, possession and use of illegal weapons, money laundering)


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LATF Experience

Main specimens seized in or en-route to international illegal

Markets (2009-2011):

Elephant ivory - Central and East Africa countries;

Rhino horns - South Africa and Zimbabwe;

Live animals especially reptiles and Birds

Forest products African sandalwood and timber

Traffickers

Mostly Asian business and expatriate communities in Africa;

Rural Africans, business people in Africa and Asia;


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Reported incidents of Seized specimens in or en-route

to international illegal Markets (2009-2011)

Elephant Ivory79%

Liveanimals

5%

Forest Products7%

Rhino horns mixed withivory9%

Total number of reported seizures =58


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LogoIvory seizures 2009-2011

0

5000

10000

15000

20000

2133.5

8029.7 8247.2

18293.38

11178.8

16914.88

KgIvory

Year

Kg ivory seized involving Kenya

Total wt. of reported seizures

20092010 2011


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LogoInvestigations of the cases

LATF jointly with NBs and other LEAs investigate the cases;

Facilitate obtaining of information from the seizing countries to assist in

the investigations in the originating countries in Africa;

The investigations in Africa are complete;

Extending investigations to and getting evidence from the seizing countries

remains a challenge;

Lack ofMUTUAL LEGAL ASSISTANCE and Diplomatic Channels take long time;


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LogoInvestigations

High profile suspects involved are arrested and taken to court;

The arrested are mainly the middlemen (Africans) who often facilitate the

shipment of the contraband;

The kingpins are not often arrested as they always avoid direct handling ofcontraband. They operate through proxies or third parties;

Widespread involvement of Asians especially Chinese nationals. Out of 50

suspects recently arrested 13 (32%) were Chinese leaving the continent to

China or working in Africa. Two (2) of them were kingpins

Corruption fuels smuggling and impede the prevention and detection of

this crime;


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LogoCriminal networks

Asian Trader Self Employed or

Company worker links up with locals.

Buys ivory delivers to local counterpart.

Knows the market in Asia

African counterpart, with Fake or

registered company. Gets license to

export e.g fish or sea products.

Facilitates the illegal export in his

name or company

Poacher in/around

Protected Area

Middleman ivory buyer Illegal domestic ivory

buyers/carvers

Illegal Markert

Eg In Asia

Market demand in Asia is extremely

lucrative: a kilo of ivory bought for US

$20 in Africa can fetch over US $1000.


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Ivory Destination

Heavily implicated destinations: Vietnam, China, Thailand, Philippines, Malaysia,


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LogoMain Vectors

By Air

Some high risk air routings

Direct flights from Africa to Asia;

Flights from Africa to Europe, the Middle East and East Africa with

connecting flights to Asia;

Kenyan airport JKIA Nairobi and Addis Ababa in Ethiopia are high risk

airports in East Africa;

By Sea

Mombasa (Kilindini) port (Kenya); Dar es Salaam, Tanga

and Zanzibar (Malindi) ports in Tanzania;

Land within Africa


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LogoWildlife trafficking modus operandi

Concealment

Misdeclaration

Permit fraud

Use of Postal Courier

Routes

Diplomatic baggage

Hiding specimens (Passenger baggage, Cargocontainers, traffickers body, falsecompartments on vehicles;

Incorrect information on customs documents

(art craft, recycle waste plastics, rough gamestones, fish maws, sea shells, avocados, driedAnchovies);

Use of forged or stolen and recycling ofPermits in particular on CITES listed species.This include forging of signatures by export

authorized officers;

Most common system especially for less

Active animals and small items of worked

Ivory.

The majority of illegal trade takes place by one/and or combination of the

following methods


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LogoConcealment

November 2011, a woman travelled from Uganda had coconut craft at Schinphol

airport, Amsterdam. When the coconut x-rayed revealed crafts made of elephant ivoryIvory concealed in banana sacks

(Uganda 2009)

Worked ivory inside passengers baggage Dar May 2009Ivory (2005.6kg) concealed in sacks of sea shells,

Aug.2009 - Zanzibar

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Concealment

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LogoMisdeclaration

727 pieces of ivory concealed in sacks containing plastic scrap declared as plastic scraps. Seized at Mombasa portDec. 2011 destined to Dubai UAE.

317 tusks (1467kg) destined to Malaysia concealed among avocados- JKIA Nairobi Aug. 2010. declared as Avocados.See Avocados in background of first box-each hole on box had an avocado fruit!


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LogoMisdeclaration

Ivory (5200kg) packed in boxes together with sisal declared as sisal fiber to Taiwan from Tanzania thru Tanga port

seized in Taiwan 2006

Ivory 1701 pcs (4,861kg) packed in boxes placed in the middle of sacks containing plastics declared as recycle waste plastics to

Philippines from Tanzania thru Dar port March 2009.


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Postal route

Three postal parcels found containing 120 live leopard tortoises, 27 liveNile lizards, 20 live frogs in Hong Kong exported from Tanzania thru

KIA June 2009


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Evidence from Royal Thai Customs 2033kgivory seized on 23rd February 2011 atBangkok seaport from Mombasa Kenya

Evidence from country of origin


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LogoIllegal logging & harvesting of plants

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LogoChallenges

Inadequate cooperation among agencies

Inadequate funding for law enforcement activities;

Lucrative markets (high price) for wild fauna and flora

products;

Increasing sophistication of wildlife crime involving well

resourced and heavily armed poaching gangs

Corruption, abuse of power and authority


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With increasing sophistication of wildlifecrime what can LE agencies do to

effectively combat it?


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LogoWay Forward

Increased information exchange and intelligence , cooperation

and coordination;

Improved institutional cooperation and networking among

agencies

Enhanced institutional and personnel capacities for agencies


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LogoConclusion

It (should) not be easy to move a container load of ivory from

a country to another when there are such strict regulations.

Lets stamp out collusion among the enforcement agents.

Ensuring high ethical standards ,exchange of information,multi-agency & international cooperation is the only sure way

of tackling international wildlife crime.

Promoting rule of law and good governance in the states.

THANK YOU

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