BIODIVERSITY AND WILDLIFE TRADE IN VIETNAM M.A Dang Xuan Dao Member of Justice Council Chief Judge of Economic Court The Supreme People’s Court of Vietnam

1. SOME MAIN GEOGRAPHICAL CHARACTERISTICS OF VIETNAM -Total land area of km2, extending more than 1650 km from North to South -Coastline spreading over 3260 km with thousands of islands -Typical tropical monsoon climate -An intersection point of fauna and flora in India-Myanmar, South of China and Indo-Malaysia region

2. SOME MAIN CHARACTERISTICS OF BIODIVERSITY IN VIETNAM -One of the 16 most biologically diverse countries in the world -Species diversity: about species of fauna, species of flora and species of micro-organisms have been recognized -Every year, many new species are discovered. Ex: in the period of , 13 new genera, 222 species, 30 subspecies were discovered.

3. BIODIVERSITY DEGRADATION -According to data of Vietnam Red Data Book released on 26 June 2008: the number of threatened wildlife species has increased from 715 in to 882 in 2007, among them 116 fauna species and 45 flora species are classified as “critically endangered”.

4. MAJOR CAUSES -Major causes: forest loss, illegal logging, wildlife trade, habitat’s loss and fragmentation, environmental pollution -Figures on wildlife trade in Vietnam: + Annual demand for wildlife used for food, medicines, ornamental purpose and export: – tons (excluding birds and insects) + Annual consumption of tons of wildlife meat

5. SOLUTIONS Biodiversity conservation activities: -In-situ conservation + System of nature reserves in Vietnam (national parks, nature reserves, landscape protection areas) -Ex-situ conservation + Experimental forest + Medicinal plant gardens + Seed bank

6. Conservation and sustainable development -Sustainable development + Economic development + Social development + Environment protection -Impacts of reserves on sustainable development

7. Conservation and climate change -Climate changes -Impacts of climate change to biodiversity conservation -Impacts of system of reserves on climate change -Solutions for biodiversity in the context of climate change

8. WILDLIFE TRADE IN VIETNAM – AN OVERVIEW -Began to flourish in the late 80s -Wildlife: exploitation and consumption domestically -Vietnam: a wildlife trading entrepot in the area -Over 147 terrestrial animal species, 40 coleopteron species, 90 butterfly species & hundreds of flora species: consumed and traded

8. WILDLIFE TRADE IN VIETNAM – AN OVERVIEW (Cont.) : violations of the regulations on wildlife hunting and trade prosecuted; 635 tons of wildlife made up of a total of animals confiscated -Number of wildlife violations: increasing trend (1.469 cases in 2000 to cases in 2002)

9. WILDLIFE VIOLATIONS HEARD BY THE COURTS IN VIETNAM ( ) -08 cases on the destruction of aquatic resource (Article 188, Criminal Code) -680 cases on the destruction of forests (Article 189, Criminal Code) -456 cases on the violation of the regulations on the protection of precious and rare wild animals (Article 190, Criminal Code) -01 case on the violation of special protection of nature reserves

10. WILDLIFE TRADE CHAIN -Legal trade: wild harvest, collection and hunting & artificially propagated and captive bred facility -Illegal trade: wild harvest, collectrion and hunting -Vietnam: + supply source + transfer or transit market

11. VIETNAM’S WILDLIFE TRADE POLICY -The National Strategy for Environmental Protection until 2010 and vision towards 2020 (2003) -The National Action Plan on strengthening the wildlife trade management towards 2010 (2004) -The National Action Plan on Biodiversity towards 2010 and Vision towards 2020, and the Cartagena Convention on Biological Safety -The Strategy of Forestry Development for the period of (2007)

12. LEGAL DOCUMENTS ON WILDLIFE TRADE -Before Vietnam joined CITES: focused primarily on protection or the prevention of illegal hunting and exploit of natural resources -After Vietnam joined CITES (1994): more guidance was provided on the registration and management of captive breeding and artificial propagation enterprises

13. IMPLEMENTATION OF WILDLIFE TRADE POLICIES -Implementation of the National Action Plan on strengthening the management of wildlife trade towards Domestic wildlife exploitation and trade -International trade

14. CONCLUSION -Framework of policies and laws on wildlife trade: complex and comprehensive -Policy impacts: wide variety of stakeholders in the wildlife trade -Protection of nature: enhanced -Illegal wildlife trade: addressed -Captive breeding & artificial propagation: developed -Appropriate legislation for implementing international conventions

15. CONCLUSION (Cont.) Weaknesses of wildlife trade policy -Focus only on protection and law enforcement; development of legal utilization is not given equal attention -Lack of appropriate consultation with and participation of relevant stakeholders limits the policy -Operation of prosecution and punishment mechanism: need to be reevaluated

15. RECOMMENDATIONS -Improve and complete current policy to ensure its efficiency and applicability: addressing illegal trade and increasing income and jobs to people -Develop an united policy for wildlife trade management -Reevaluate current policy of selling confiscated wildlife -Develop captive breeding and artificial propagation: development and management -Propaganda and education -International and regional cooperation