Draft National Integrated Strategy to Combat Wildlife Trafficking (NISCWT) Portfolio Committee on Environmental Affairs 30 May 2017

Table of Contents Introduction Combatting Wildlife Trafficking in SA The National Integrated Strategy to Combat Wildlife Trafficking (NISCWT) Roles – DEA, SANParks and Provinces Rhino Lab Work Streams Timeline for Approval Conclusion

Introduction Committee of Inquiry set up to investigate the feasibility of proposing a legal trade in rhino horn at COP17 Recommendations linked to enforcement: Development of an integrated law enforcement strategy to combat wildlife trafficking Increase capacity to undertake enforcement Review MOUs to provide enhanced law enforcement co-operation and joint investigations with transit and consumer states

Wildlife Trafficking Law Enforcement Challenges Challenges identified in relation to the enforcement initiatives linked to the investigation and prevention of wildlife trafficking: Lack of law enforcement resources specialising in wildlife trafficking (insufficient resources to mitigate the current threat) Severe fragmentation of the current law enforcement role players focused on intelligence gathering, criminal investigation and combating of wildlife trafficking Too many role players being mandated to address this issue, which has resulted in a conflict of mandates and no clear leadership from a law enforcement point of view Absence of a centralised national database of intelligence on the issue of wildlife trafficking (fragmented in different departments); and Non-existence of a national or provincial central and controlled law enforcement entry point for the sharing of information etc. by the wildlife sector

Law Enforcement Priorities in South Africa TYPES OF CRIME REPORTED OVER A FIVE YEAR PERIOD – 2010-2015* TOTAL RHINO POACHING 4 840 MURDER 82 488 SEXUAL ASSAULT 296 645 ASSAULT GBH (Grievous Bodily Harm) 939 021 RESIDENTIAL ROBBERY 84 635 CARJACKING 53 842 DRUG-RELATED CRIME 1 060 998 ILLEGAL POSSESSION OF FIREARMS AND AMMUNITION 74 048 STOCK-THEFT 130 517 COMMERCIAL CRIME 404 928

Other Relevant Security-related Issues in South Africa Poverty and Unemployment Border Management Issues

Transnational Organised Crime in South Africa FOREIGN CURRENCY TRAFFICKING HUMAN SMUGGLING HUMAN TAFFICKING CIGARETTE SMUGGLING WILDLIFE TRAFFICKING PROLIFERATION OF TOC NETWORKS IN SOUTHERN AFRICA SINCE THE 1990s VEHICLE SMUGGLING TRAFFICKING IN PRECIOUS STONES AND METALS MONEY LAUNDERING DRUG TRAFFICKING WEAPONS TRAFFICKING

It’s not only about RHINO Wildlife trafficking from South Africa constitutes a multi-billion Rand illicit industry annually and includes various forms of fauna and flora (besides rhino) being smuggled out of the country, such as: Abalone Lion and tiger bones Pangolin Ivory Cycads Reptiles Exotic Birds Timber

TARGETING THE ENTIRE ILLICIT VALUE CHAIN TRANSNATIONAL ILLICIT WILDLIFE TRAFFICKING VALUE CHAIN DISRUPT DISRUPT DISRUPT DISRUPT POACHING/ THEFT FACILITATION/ SMUGGLING ILLICIT MARKET END USER CORRUPTION MONEY LAUNDERING LINKS TO OTHER FORMS OF TOC

A THREAT TO OUR NATIONAL SECURITY? NATIONAL SECURITY THREAT Wildlife trafficking is a threat to HUMAN, ECONOMIC and ENVIRONMENTAL SECURITY in South Africa Wildlife trafficking in South Africa has become a threat to STATE SECURITY INTENSITY and IMPACT of wildlife trafficking in South Africa PREVIOUS INITIATIVES HAVE NOT REDUCED the proliferation of wildlife trafficking in South Africa WILDLIFE TRAFFICKING IN SOUTH AFRICA

Problem Statement Fundamental to the new strategic approach is the acceptance that it is no longer an environmental concern only, but has evolved into a serious organised crime and national security threat in South Africa, which requires focused law enforcement

Combatting Wildlife Trafficking in SA The proliferation of transnational organised criminal networks in South Africa since the 1990s has led to a significant escalation in the poaching and trafficking of the country’s wildlife resources that could be sold on illicit markets in other parts of the world To combat wildlife trafficking, which encompasses the entire illicit value chain in an organised manner, the South African government has identified the need for a whole-of-government approach (assisted by civil society)

Combatting Wildlife Trafficking in SA SAPS-led interdepartmental developmental approach in co-operation with: Operational members and specialists working on wildlife trafficking and related issues from thirteen (13) different government departments/entities were involved in the process Non-governmental organisations – such as wildlife conservation organisations and wildlife trafficking research institutes – were also consulted during the developmental phase Above-mentioned engagements between the police and relevant role players included the following: Six workshops with governmental role players Seventeen (17) face-to-face engagements/meetings with relevant experts from both government and non-governmental organisations

Definitions The Strategy defines the following terms: illicit value chain poacher/s poaching smuggling trafficking syndicate wildlife trafficking The above-mentioned is a milestone in South Africa as it will be the first time that numerous of these terms are officially defined in a policy document

NISCWT: Vision & Mission A well-resourced and implemented integrated, multidisciplinary and consolidated law enforcement approach to break the illicit value chain of wildlife trafficking in SA and beyond Initial focus on rhino but then expanded to the following: Rhinoceros Elephants/ivory Abalone Cycad Mission Strategy To focus and direct law enforcement’s ability, supported by the whole of government and society, to address the threat wildlife trafficking poses to national security and biodiversity

NISCWT: Strategic Objectives The following objectives have been identified to significantly increase the government’s ability to address the security threat wildlife trafficking currently poses to the country: Objective One: Improving law enforcement, supported by the whole of government and society, to effectively investigate, prosecute and adjudicate wildlife trafficking as a form of transnational organised crime Objective Two: Increasing the government’s ability to detect, prevent and combat wildlife trafficking in South Africa and beyond Objective Three: Increasing national, regional and international law enforcement collaboration and cooperation on combating wildlife trafficking

A New Approach to Combating Wildlife Trafficking IT WILL HAVE A POSITIVE IMPACT ON MORE THAN BIODIVERSITY: Increased state security Increased border management Reduction of corruption Increased community development Improved international standing Increased wildlife sustainability, etc. Improved investigations, prosecution and adjudication Improved detection and prevention Improved international cooperation and coordination Effective wildlife trafficking law enforcement in South Africa Reduction in wildlife trafficking in South African and beyond

Objective 1 – Improving Law Enforcement Adequately resource the law enforcement initiatives outlined in the NISCWT Increase effectiveness and coordination of intelligence collection and analysis on wildlife trafficking Improve law enforcement capacity to investigate wildlife trafficking (in addition to increase in SAPS resources, DEA and Provincial Conservation Authorities need to increase their EMI capacity to assist and enhance their operational support to relevant role players) Increase anti-corruption investigations linked to wildlife trafficking Enhance resources to investigate financial crimes linked to wildlife trafficking Enhance forensic capacity linked to wildlife trafficking investigations

Objective 1 – Improving Law Enforcement Increase government’s ability to detect the involvement of foreign diplomats in wildlife trafficking in South Africa Appropriately charge offenders in relation to these types of crimes and focus investigations on dealing with wildlife trafficking as a serious organised crime Establish specialised prosecution and court capacity to focus on wildlife trafficking Prioritise wildlife trafficking crime statistics into the national crime statistics The SAPS to enhance cooperation and collaboration with non-governmental organisations and private security structures; and Government to consolidate all law enforcement investigation and intelligence initiatives regarding the combating of wildlife trafficking in South Africa (long- term strategy)

Objective 2 - Increasing Ability to Detect, Prevent and Combat Significantly reduce the risk of wildlife-related corruption Increase resources for security at South Africa’s land, air and sea borders Increase focus on transport routes, informal and private landing strips and illegal border crossing points Include increased crime prevention initiatives in and around communities adjacent or linked to poaching hotspots Improve detection and prevention of wildlife trafficking through ports Consolidate and increase wildlife compliance and enforcement

Objective 3 - Increasing International Law Enforcement Collaboration and Cooperation Diplomatic position on wildlife trafficking to reflect the issue as a national security priority Strengthen law enforcement cooperation with relevant countries Benchmark global best practices regarding wildlife trafficking investigations/prevention The SAPS to play a key role in regional and international wildlife trafficking combating initiatives

Implementing the NISCWT: Roles and Responsibilities Several government and non-government structures will need to play a significant role in the implementation of the NISCWT, especially the SAPS. SAPS’s mandate to detect, investigate and prevent all forms of organised crime in South Africa Other government departments and non-government entities involved in law enforcement, border management, customs, wildlife management and the conservation sector will also play an important role in assisting the SAPS regarding the effective implementation of the NISCWT Strategy’s implementation plan and the implementation to be monitored the JCPS Cluster

Implementing the NISCWT: Roles and Responsibilities LEAD DEPARTMENT: SOUTH AFRICAN POLICE SERVICE (SAPS) Governmental Support Role Players: Border Management Agency (BMA) Department of Environmental Affairs (DEA) Department of Agriculture, Forestry and Fisheries (DAFF) Department of International Relations and Cooperation (DIRCO) Department of Justice and Constitutional Development (DOJ & CD) Financial Intelligence Centre (FIC) National Intelligence Coordinating Committee (NICOC) National Prosecuting Authority (NPA) Non-Governmental Organisations (NGOs) and Private Security (PS) Provincial Conservation Authorities (PCAs) South African National Defence Force (SANDF) South African National Parks (SANParks) South African Revenue Service (SARS) State Security Agency (SSA)

Roles – DEA, SANParks and Provinces DEA: Role aligned with department’s mandate of environmental C&E; national coordination of the EMI and its access to and oversight over the wildlife industry, as well as providing a force multiplier to SAPS through established wildlife crime investigation capacity and providing support regarding international cooperation SANParks: Provide input/support to SAPS investigations with tactical support relating to poaching incidents in and around their parks/reserves (detection, intelligence, etc.) Provincial Conservation Authorities (PCAs): In relation to reserves, provide input to SAPS investigations with tactical support in and around their parks/reserves. EMIs responsible for wildlife investigations within these provincial authorities should also play a force multiplier role to the SAPS

DEA – Lead Role Significantly increase wildlife C&E resources nationally (in particular EMI capacity) to ensure improved wildlife C&E Initiate a policy and legislative development process (including a review of the constitutional mandates) to move towards the national consolidation of wildlife C&E, including permitting, databases, investigations, etc., to overcome the current challenge of a fragmented wildlife management structure in the country Review wildlife permit system and the necessary wildlife management legislation and policies to identify and close loopholes exploited by criminal elements Execute (with SAPS and SSA support) a national risk and security assessment of all relevant wildlife parks/reserves

NISCWT Implementation Timeframes NISCWT to be aligned to government’s Medium Term Strategic Framework (MTSF) and Medium Term Expenditure Framework (MTEF). It will be implemented over a five-year period and divided into the following three time-based strategies: Short-term strategy (2017‒2018): First year implementation - include “quick wins”, as well as the enhancement of current law enforcement structures that will assist government in its ability to combat wildlife trafficking over the medium- and long-term periods Medium-term strategy (2018‒2020): Three year implementation - for example establishment of specialised wildlife detector dog capacity at ports that did not have access to such capacity before Long-term strategy (2017‒2022 and beyond): Five years (and beyond) of the NISCWT’s implementation that will significantly increase the government’s ability to combat wildlife trafficking

Measuring the Impact of the NISCWT There is a need to outline several measurable key performance areas to monitor and evaluate the impact of the implementation of the NISCWT which will have to include the following: A significant increase in specialised (and permanent) law enforcement resources regarding the detection, combating and investigation of wildlife trafficking in South Africa A reduction in wildlife poaching numbers across the country and wildlife (fauna, flora and by-products) being smuggled out of and transiting through the country A significant increase in arrests and convictions relating to all wildlife trafficking matters and especially syndicate members along the entire illicit value chain, including a significant increase in the arrest and prosecution of higher level syndicate members

Measuring the Impact of the NISCWT An increase in the number of criminal courts allocated to help prioritise wildlife trafficking matters A significant increase in detection and seizure of illegal wildlife products including at ports and along the borderline A significant increase in the detection, arrest and prosecution of corrupt persons involved in wildlife trafficking Developed, approved and implemented law enforcement, customs and intelligence cooperation agreements on wildlife trafficking (at operational and tactical levels) with transit countries, such as Mozambique, Zimbabwe, Tanzania and the United Arab Emirates (UAE), and market countries, such as China (including Hong Kong), Vietnam, Thailand and the UAE

NISCWT Implementation Plan The NISCWT Implementation Plan is an expansion of the three strategic objectives outlined in the strategy and unpacks these into secondary objectives that are linked to roles and responsibilities, measurable key performance areas and timeframes. It consists of a matrix that includes the following factors: Secondary Objectives Roles and Responsibilities (Responsible Departments and Support Role Players) Key Performance Areas (KPAs) Broad Timeframes (short term, medium term and long term) Implementation Timeframes (Due Dates)

Rhino Lab Work Streams based on COI 5 Pillars of Rhino Conservation Security (anti-poaching and anti-trafficking) Community empowerment Demand management/ reduction Responsive legislation Biological management A B C D E

Timeline for Approval Draft finalised - March 2016 Agenda of JCPS Cluster – August 2016 Referred for SEIA – this was initiated in October 2016 SEIA finalised in January 2017 Next steps: Internal SAPS approval processes Back to JCPS Cluster for approval and referral to Cabinet

Conclusion The current rhinoceros poaching challenge in South Africa has illustrated how quickly a conservation issue can become securitised and develop into a national security issue in an environment where transnational organised crime issues are addressed as conservation rather than law enforcement issues. The current rhinoceros issue in South Africa could, however, be seen as just the beginning of a larger security threat facing the country, namely the challenge to effectively protect South Africa’s wildlife resources from being targeted by international wildlife trafficking syndicates The effective implementation of the NISCWT will ensure that the country will significantly increase its ability to detect, investigate, arrest, prosecute and prevent wildlife trafficking in South Africa and beyond. It will also reduce corruption related to this form of transnational organised crime. Given that the effective implementation of the NISCWT will depend on the level of resources allocated to its implementation, it is imperative that all relevant government departments, especially the SAPS, elevate this strategy to a level of significant strategic importance