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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/7/31/2019 LATF Presentation
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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