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ENVIRONMENTAL CRIME

ENVIRONMENTAL POLLUTION -WILDLIFE-TRAFFICKING-OVER FISHING - FOREST DESTRUCTION

Posts in rule of law
Cyber-Enabled Wildlife Trade in Central African Countries and Nigeria

By Amy Woolloff, Sone Nkoke, Louisa Musing, Magdalena S. Svensson

A TRAFFIC survey of seventy-two online platforms found a staggering 1,267 CITES*-listed species for sale in Central African countries and Nigeria between March 2018 and January 2021. In delivering these findings to the governments of the countries involved, TRAFFIC seeks to bolster national legislation to regulate these online sales when these do not comply with CITES regulations, which might be jeopardising populations of already threatened species. Threatened African species are facing an increasing peril from an unregulated and illegal cyber-enabled wildlife trade in Cameroon, Chad, the Democratic Republic of the Congo (DRC), Gabon, and Nigeria. These countries have a higher rate of growth in internet users than the global average, so it is likely that the volumes of online trade in CITES-listed species will increase as internet penetration rates continue to rise.

Cambridge, UK: TRAFFIC, 2022. 54p.

A Regulatory Approach to Demand Reduction in the Illegal Wildlife Market

By Julie Ayling

Demand reduction has now been recognised as crucial to prevention of wildlife crime, but ideas for effectively decreasing demand are still in short supply. Two demand reduction strategies currently predominate, consumer education campaigns and legal prohibitions on consumption. But further strategies need to be found urgently, as Earth is losing wildlife at frightening rates. This paper argues for greater regulatory pluralism and a more systematic approach to addressing demand. The complex and multi-layered concept of demand is unpacked and current demand reduction activities by states and non-state actors are discussed. The paper identifies third parties (non-state non-offending actors) in prime positions to intervene to reduce demand and sets out diverse ways in which their capacities could be harnessed as part of a whole-of-society demand reduction response.

Canberra: RegNet School of Regulation and Global Governance, Australian National University; European University Institute Dept of Law, 2015. 23p.

The Disappearing Act: The Illicit Trade in Wildlife in Asia

By Vanda Felbab-Brown

Southeast Asia, with its linkages into the larger Asian market that includes China, Indonesia, and India, is one of the world’s biodiversity hotspots as well as one of the world’s hotspots for the illegal trade in wildlife and wildlife parts. Although demand markets for wildlife, including illegally traded wildlife are present throughout the world, China ranks as the world’s largest market for illegal trade in wildlife, and wildlife products, followed by the United States. Globally, the volume and diversity of traded and consumed species have increased to phenomenal and unprecedented levels, contributing to very intense species loss. In Southeast Asia alone, where the illegal trade in wildlife is estimated to be worth $8-10 billion per year, wildlife is harvested at many times the sustainable level, decimating ecosystems and driving species to extinction.

Washington, DC: Brookings Institute, 2011. 43p.

What Sustains Wildlife Crime? Rhino Horn Trading and the Resilience of Criminal Networks

By Julie Ayling

The problem of illegal trading in wildlife is a long-standing one. Humans have always regarded other sentient and non-sentient species as resources and tradeable commodities, frequently resulting in negative effects for biodiversity. However, the illegal trade in wildlife is increasingly meeting with resistance from states and the international community in the form of law enforcement and regulatory initiatives. So why does it persist? What makes the criminal networks involved in it resilient? In this paper we consider the networks involved in the illegal trade in rhinoceros horn that is currently posing an existential threat to most rhino species. The paper considers possible sources of these networks’ resilience, both internal and external, and the implications for how the trade could be tackled.

Canberra: Transnational Environmental Crime Project, Department of International Relations, Australian National University, 2012. 22p.

A Comparative Analysis of Wildlife Trafficking in Australia, New Zealand, and the United Kingdom

By Tanya Wyatt

Wildlife trafficking is a major black market, and is thought to be the second most profitable illicit market after drug trafficking. It has significant negative impacts on species, ecosystems, and biodiversity. After habitat loss, wildlife trafficking is the leading cause of extinction. It is also a threat to food industries and human health with its connection to disease transmission. The patterns of wildlife trafficking vary throughout the world and nations approach the prevention of it differently. The differences that exist raise the question as to why the levels differ between nations that appear to be similar. This is the case with the United Kingdom, Australia, and New Zealand, which are demographically similar with a significant shared cultural history. Yet New Zealand has high levels of wildlife trafficking, Australia low levels, and the UK somewhere in between. This research uses the trade database from the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) to explore all the illegal trade incidents of these three countries reported to CITES from its creation in 1973. Combined with a review of the literature, the paper investigates the differences and similarities in the wildlife that is traded and the legislation that is implemented. It appears that more regulation in this instance may be connected to decreased levels of wildlife trafficking.

Canberra: Transnational Environmental Crime Project, Department of International Relations, Australian National University, 2013. 25p.

Governmental Discourses on Transnational Environmental Crime

By Matthew Marshall

This paper summarises, analyses, and assesses four working papers published by the Transnational Environmental Crime (TEC) Project and written by two employees of the Australian Government’s Department of the Environment (DoE) who served as Visiting Fellows to the TEC Project. This working paper also forms part of the TEC Project. It synthesises the data and concludes the overall contribution made by DoE, emphasising future areas of consideration. Part of this involves enunciating research findings in such a way that they can be better utilised by DoE to subsequently develop policy in the area of TEC regulation, which is also one of the aims of the TEC Project generally: that the course of academic research provide assistance in the development of government policy on the matter of TEC with subsequent operational benefits.

Canberra: Transnational Environmental Crime Project, Department of International Relations, Australian National University, 2014. 24p.,

Routes of Extinction: The corruption and violence destroying Siamese rosewood in the Mekong

By Environmental Investigation Agency, UK

This is a tragic true story of high culture, peerless art forms, and a rich historical identity being warped by greed and obsession, which consumes its very foundations to extinction and sparks a violent crime wave across Asian forests. This report details the findings of EIA’s investigations into the Siamese rosewood trade in recent years, including in the year since the CITES listing. It reveals how crime, corruption, and ill-conceived government policies from Thailand to China, via Laos and Vietnam, are likely to result in the demise of Siamese rosewood in the coming years, unless significant and rapid reforms are made.

London: Environmental Investigation Agency, 2014. 28p.

Illegal Logging in the Río Plátano Biosphere: A farce in three acts

By Global Witness

Honduras, a country rich in natural resources and cultural diversity, struggles against poverty and environmental degradation: it is the third poorest country in Latin America and the second poorest in Central America. Poverty is much more acute in a rural context, so forested areas largely coincide with the poorest ones1. The country is well suited to forestry practices, and 41.5% of its territory is currently covered with forests2. However, decades of agricultural colonisation and the expansion of cattle ranching have resulted in extensive deforestation and related environmental degradation, most notably the deterioration of water resources and soil erosion. In a country that is prone to hurricanes and flooding, environmental degradation worsens the impact of these natural disasters. Severe governance failure in the Honduran forest sector is threatening the country’s largest protected area, the UNESCO-accredited Man and the Biosphere Reserve of Río Plátano (hereafter the Río Plátano Biosphere), and the people living in and around it. Corruption at the highest level and a complete lack of accountability have led to environmental destruction and undermined the rights of local people and their efforts towards sustainable forestry. This report makes the case for greater national and international efforts to strengthen forest governance and the rule of law. It is based on Global Witness’ on-the ground research, interviews with key actors and a review of existing official documents and other sources of information. It aims to: (i) document, expose and analyse this case, (ii) identify lessons that can be learned in Honduras and elsewhere and (iii) present a series of recommendations for the various parties involved, in particular the Institute of Forest Conservation and Development (ICF), which is the new Honduran forest authority created by the Forest Law approved on 13 September 2007c.

Washington, DC: Global Witness, 2009. 40p.

Detecting Illegal Trade Practices by Analyzing Discrepancies in Forest Products Trade Statistics: An Application to Europe, With a Focus on Romania

By Jeffrey R. Vincent

Discrepancies in bilateral trade statistics for forest products have recently attracted attention as potential indicators of illegal trade practices. For example, if exporters understate quantities to evade export taxes or quotas, then one might expect reported exports to be less than reported imports. Discrepancies in trade statistics can exist for reasons that have nothing to do with illegal activities, however, such as measurement error and shipment lags. Any attempt to infer evidence of illegal activities from statistical discrepancies must control for these other explanations. The author estimates the discrepancies between reported imports and exports for bilateral flows of sawnwood traded by Romania and other European countries. The author also examines whether these discrepancies reflect illegal activities by the traders. The mean discrepancy for sawnwood exported by Romania during 1982-97 was significantly different from zero for coniferous sawnwood but not for nonconiferous sawnwood. Yet the sign of the discrepancy for coniferous sawnwood-reported exports tended to be greater than reported imports-implies that illegal trade activities were more likely occurring in Romania's trading partners than in Romania. An econometric analysis of bilateral trade statistics for Romania and other European countries finds evidence that measurement error, shipment lags, and intentional underreporting all play a role in explaining discrepancies for both types of sawnwood. The econometric model is not sufficiently reliable, however, for estimating the portion that was due solely to illegal activities or determining whether those activities occurred primarily in Romania or in its trading partners. Moreover, given that it is based on observed discrepancies in bilateral trade statistics, it fails to detect illegal trade activities that occur simultaneously in both importing and exporting countries. For these reasons, econometric methods appear unlikely to be of practical use in revealing illegal trade activities in the Romanian forest sector.

Washington, DC: World Bank, 2004. 43p.

Illegal Forest Production and Trade: An Overview

By Arnoldo Contreras-Hermosilla

This paper looks at the evidence on the magnitude and impacts of forest illegal acts, examines the vulnerabilities of the forest sector, and proposes a strategy for combating forest crime. Forest crime prominently includes illegal logging but acts against the law also affect other sector operations such as forest products transport, industrial processing, and trade. Almost universally, criminal exploitation of forest products and commerce prevail as large amounts are unlawfully harvested, traded against regulations in domestic markets or smuggled across borders, often with the willing participation of corrupt forest service officials and border police. Illegal activities do not stop at the forest. They travel down the line to operations related to transportation, national and international trade of forest products. A particular form of illegal forest activity, corruption, has come to the forefront of the international debate on forests and is now being openly discussed in various fora because of the increasing awareness of the immense costs associated with it. In this paper, corrupt deeds are illegal actions that:(i) engage public officials; (ii) involve public property and power; (iii) are perpetrated for private gain; (iv) are intentional acts; and (v) are surreptitious. Illegal activities are main threat to global resources. A wide variety of illegal acts, including, among others, illegal logging, illegal trade, arson and unauthorized occupation of forestlands, take place in all kinds of forests, in developing and industrialized economies. Often illegal activities are associated with corruption, involving the willing participation of government officers, usually in complicity with parties of the private sector, in schemes to abuse public property. Illegal acts generate a number of undesirable economic impacts, harm the environment and the most vulnerable sectors of society. To conclude, the improvement of the policy and legislative framework and the proper enforcement of the law may be the most important issue in the future management of forest resources worldwide.

Washington, DC: World Bank, 2002. 61p.

Intergovernmental Actions on Illegal Logging: Options for intergovernmental action to help combat illegal logging and illegal trade in timber and forest products

By Duncan Brack and Gavin Hayman

This report presents a brief overview of the range of options for intergovernmental action to help combat illegal logging and trade in illegal timber and forest products. Actions by individual producer and consumer governments could be complemented by international collaboration. Many of the options listed could be phased; and are also not mutually exclusive.

London: Royal Institute of International Affairs , 2001. 28p.

Timber Smuggling in Indonesia: Critical or Overstated Problem?: Forest Governance Lessons from Kalimantan

By Krystof Obidzinski, Agus Andrianto, and Chandra Wijaya

Over the last few years, illegal logging has been at the center of policy debates about the current state and future prospects of Indonesia’s forestry sector. To a significant extent, the policy dialogues as well as public understanding of the illegal logging problem have been influenced by the timber establishment’s view that clandestine timber smuggling is responsible for illegal logging activities in the country. Echoing this sentiment, the Indonesian government has been at odds with neighboring countries Malaysia and Singapore over their perceived lack of cooperation in stemming the illegal flow of Indonesian timber across the border and thus helping to rein in illegal logging. At the same time, timber smuggling has become the focus of forest law enforcement operations in Indonesia. This paper scrutinizes the assumption that timber smuggling is at the core of the illegal logging problem in Indonesia. Taking the border zone between Indonesia and Malaysia on the island of Borneo (Kalimantan) as a sample unit of analysis and complementing it with data from other parts of Indonesia, the paper shows the intensity of timber smuggling was relatively high between 2000 and 2003, but has since declined by over 70%. Despite this decline, illegal logging in Indonesia still continues at a rate of approximately 40 million m3 per year. It seems clear that timber smuggling is not the primary driver of illegal logging in Indonesia. Instead, the core of the problem is the extraction of timber by Indonesian forest concession holders, plantation developers, road construction companies and other ventures that abuse company permits and violate prevailing forestry regulations.

Bogor, Indonesia: Center for International Forestry Research, 2006. 46p.

Learning Lessons to Promote Forest Certification and Control Illegal Logging in Indonesia

By Luca Tacconi. Krystof Obidzinski. and Ferdinandus Agung

Illegal logging is a cause for widespread concern. It has negative environmental impacts, results in the loss of forest products used by rural communities, creates conflicts, and causes significant losses of tax revenues that could be used for development activities. The Nature Conservancy and World Wide Fund for Nature developed the Alliance to Promote Certification and Combat Illegal Logging in Indonesia to respond to the concern about illegal logging. The Alliance is a three-year initiative that aims to: 1. Strengthen market signals to expand certification and combat illegal logging, 2. Increase supply of certified Indonesian wood products, 3. Demonstrate practical solutions to achieve certification and differentiate legal and illegal supplies, 4. Reduce financing and investment in companies engaged in destructive or illegal logging in Indonesia, 5. Share lessons learned from the project. The Alliance seeks to learn lessons from its ongoing work to inform and adapt its activities, as well as to inform other initiatives seeking to address similar problems. This report is part of this lessons learning process. This report assesses the situation in Indonesia, including a quantitative estimation of illegally produced logs, discusses the causes of illegal logging, and describes the national and international policy and trade context. Then, it considers the work undertaken by the Alliance to address illegal logging in Indonesia; it summarizes the strategy of the Alliance, describes its rationale, and assesses the assumptions underlying the rationale and the objectives. Finally, it summarizes the progress made by the Alliance towards achieving its goal, highlights the lessons that can be learnt from the work in progress, and provides recommendations for the Alliance.

Bogor, Indonesia: Center for International Forestry Research (CIFOR). 2004. 88p.

Controlling the International Trade in Illegally Logged Timber and Wood Products

By Duncan Brack, Kevin Gray and Gavin Hayman

This report examines the means by which the international trade in illegally logged timber and wood products can be controlled - in other words, how importing/consuming governments might establish and operate a system for denying market access to timber and wood products produced and exported illegally. This can be seen as a way of adding value to producer country enforcement actions, by establishing a system aiming to deny markets to the illegal products that are exported. Although the report does not deal with other options for controlling illegal logging, it should be borne in mind that in many producer countries, reform of domestic laws and regulations dealing with forest crimes and related activities will be an essential prerequisite for the successful implementation of the options listed below. In some circumstances it may be helpful to make disbursement of development assistance conditional on improvements in forest law and governance.

London: Chatham House, 2002. 73p.

Illegal Logging and Related Timber Trade – Dimensions, Drivers, Impacts and Responses: A Global Scientific Rapid Response Assessment Report

Edited by Daniela Kleinschmit, Stephanie Mansourian, Christoph Wildburger, Andre Purret

Illegal logging and associated timber trade constitute complex and serious challenges for the international community. Various resolutions and decisions on this topic have been passed at the highest levels of international diplomacy, and several UN bodies have been directed to assist in fighting environmental crime. Against this background, IUFRO was mandated by the Collaborative Partnership on Forests (CPF) to undertake a scientific assessment on the topic of illegal logging and related timber trade in the framework of the Global Forest Expert Panels (GFEP) initiative. GFEP responds to key policy questions related to forests by assessing and synthesizing available scientific evidence at a global scale. Assessment reports, prepared by internationally-recognized scientists from around the world, aim to provide decision-makers with the most up-to-date, relevant, objective and accurate scientific information on key issues of high concern in a comprehensive, interdisciplinary and transparent way. In order to capitalize on existing political momentum, the topic of illegal logging and associated timber trade was taken up as a “rapid response” assessment, aiming to complete the scientific report in less than one year’s time. This report entitled “Illegal Logging and Related Timber Trade – Dimensions, Drivers, Impacts and Responses” reflects the rich, yet finely nuanced results of this collaborative international scientific effort. The report synthesizes the many facets of illegality affecting forests and people, including the various definitions of illegal forest activities. Based on available scientific evidence, the report gives an overview of the markets, actors, wood flows and supply chains involved in illegal timber trade. It discusses the impacts of illegal logging and related timber trade across various situations of production and consumption, as well as the drivers behind these illegal activities. The report also presents related governance frameworks and response options, including an analysis of the latest global initiatives to combat illegal timber trade. One particularly novel aspect contained in the report is a criminological analysis of organized forest crime with suggestions from timber forensics. This assessment and the accompanying policy brief provide an authoritative source of information for policymakers and stakeholders involved in the fight against illegal logging and associated timber trade, and it is my sincere hope that they will support effective action in tackling this pressing global problem.

Vienna: International Union of Forest Research Organizations (IUFRO), 2016 . 148p.

Illegal Logging: A Market-Based Analysis of Trafficking in Illegal Timber

By William M. Rhodes, Elizabeth P. Allen and Myfanwy Callahan

The literature review revealed that the causes, methods, and perpetrators of illegal timbering differ depending on the economies, societies, ecologies, and legal institutions where logging occurs. To provide a way to simplify and organize this diversity, this report develops a market-based description of present day trade in illegal timber, focusing on the economic and political structures that create the environment and provide the incentives that make illegal logging possible and profitable. Four dominant patterns of economic and political structures (see Table 1 in the report) characterize illegal logging across nations and over time: • Enforcement / Rule of Law • Enforcement / No Rule of Law • Some Enforcement / No Rule of Law • No Enforcement / No Rule of Law This market-based description does not explain everything about the crime, but it nevertheless provides a useful device for organizing the literature and presenting a coherent story about the logging, milling and trafficking of illegal timber.

Cambridge, MA: Abt Associates, 2006. 58p.

BAN-boozled: How Corruption and Collusion Fuel the Illegal Rosewood Trade in Ghana

By Environment Investigation Agency (EIA)

Our new report BAN-BOOZLED: How Corruption and Collusion Fuel Illegal Rosewood Trade in Ghana reveals how despite a comprehensive ban in place since March 2019, the dry forests and rural communities of Ghana are still the victims of rosewood plundering. EIA estimates that since 2012, over 540,000 tons of rosewood – the equivalent of 23,478 twenty-foot containers or approximately 6 million trees – were illegally harvested and imported into China from Ghana while bans on harvest and trade have been in place. EIA’s investigation documents a massive institutionalized timber trafficking scheme, enabled by high-level corruption and collusion.

New York: London: Environmental Investigation Agency, Inc. 2019. 16p.

The Rosewood Racket: China's Billion Dollar Illegal Timber Trade and the Devastation of Nigeria's Forests

By Environmental Investigation Agency, Inc. (EIA).

The illegal trade in precious “rosewoods” is the world’s most valuable form of wildlife crime. Hundreds of people have been killed around the world trying to protect these rare trees from the gangs seeking to profit from the rapidly growing demand for luxury furniture in China. Having decimated most rosewood species in Southeastern Asia and Central America, this rapacious industry has now turned to Africa, and a dry forest species called “kosso” (Pterocarpus erinaceus) . EIA’s investigators have spent two years exploring this booming illegal trade, including undercover meetings with more than 30 actors in the supply chain, from the arid forests in Nigeria to the sophisticated retail shops in China. Our investigation reveals that almost all the kosso coming from and through Nigeria for the past three years has been illegal. Most shockingly, EIA’s investigation has revealed that thousands of documents from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) have been used in contravention of the core objectives of the Convention.

London: Environmental Investigation Agency, Inc. 2017. 40p.

Timber Island: The Rosewood and Ebony Trade of Madagascar

By Cynthia Ratsimbazafy, David J. Newton and Stéphane Ringuet

Madagascar is home to hundreds of endemic rosewood Dalbergia and ebony Diospyros timber species, many of which are in high demand, particularly in Asia, because of their attractive appearance and highly durable properties for carving into furniture and other household items. At least 350,000 trees were illegally felled inside protected areas and at least 150,000 tonnes of logs illegally exported to destinations including China, Malaysia and Mauritius over the five-year period, according to the study: Timber Island: The Rosewood and Ebony Trade of Madagascar. The lack of regulation was compounded by additional factors including widespread poverty, corruption, poor species identification skills at point of harvest and deficient knowledge about timber resources and led to rampant, unregulated felling of precious timber species.

Cambridge, UK: TRAFFIC, 2016. 144p.

Nature and Extent of Environmental Crime in Kenya

By David Kamweti, Deborah Osiro and Donald A. Mwiturubani

An environmental crime can be defined as a grave act against the environment that results in the infringement of the right of citizens to a clean and healthy environment. For such an act to constitute a crime, it must contravene laid-down legislation in the various sectors of the environment, such as forestry, water and wildlife. Environmental offences have, for a long time, been treated as misdemeanours, and not felonies. Environmental crime is a serious and growing concern, leading to the near extinction of valuable wildlife species, and significantly impacting on the biological integrity of the planet. It contributes to environmental degradation, which in turn affects the quality and quantity of environmental resources. By doing so, it leads to unhealthy competition for these scarce resources, and subsequently to volatile situations and even resource-use conflicts. As such, environmental crime impacts on human livelihoods.

Pretoria, South Africa: Institute for Security Studies, 2009. 96p.