Transnational Organized Crime and the Illegal Wildlife Trade Jorge Eduardo Rios Coordinator, UNODC Anti-Wildlife and Forest Crime Programme ADB Symposium on Combating Wildlife Crime 10 March 2013 : Caveats speciemen are affected by different forms of crime. This presentation does not include the issues of Illegal Fishing and Illegal Timber, but focuses in the illegal trade in wild animals and This presentations explores the transnational and organized nature of illicit trade in wildlife products. Data and examples included in the presentation are from the media or trends that UNODC has analyzed through the TOC Threat Assessments. It is not meant to be comprehenesive due to the limited availablity of data. crime is very broad as various their parts.

A structured group of three or more persons What is a transnational organized crime? United Nations Convention on Transnational Organized Crime A structured group of three or more persons In order to obtain financial or material benefit These crimes are planned/committed in more than one country Acting together with the aim of committing one or more serious crime (max. deprivation of 4 years) What is TOC? The UNTOC does not contain a precise definition of TOC nor does it list the kinds of crimes that might constitute it. The lack of definition to allow for a broad applicability of the UNTOC to new types of crime that emerge constatnly as global, regional and local conditions change over time—wiwas intended ldlife and forest crime is viewed by UNODC and its member states as an emerging crime. The convention does however define an “ organized criminal group and defines TOC as: A group of three or more people that is not randomly organized and Existing for a period of time in order to obtain, directly or indirectly a financial or other material benefit Existing in concert with the aim of committing at least one crime punishable by at least 4 years incarceration (for the UNTOC a serious crime refers to a crime punishable by at least 4 years) The implied definition of TOC encompasses virtually all profit motivated serious criminal activities with international implications. The broad definition takes into account the global complexxity of the issue and allows cooperation on the widest possible range of common concerns. (Serious crime is an offence punishable by a maximal deprivation of 4 years.) 2

UNODC Anti-Wildlife and Forest Crime Programme Thank you! Jorge Eduardo Rios UNODC Anti-Wildlife and Forest Crime Programme Jorge.rios@unodc.org UNODC views WLFC as a form of TOC and has in its regional andl global threat assessments included th tpic alongside other illicit flows such as drugs, human trafficking and counterfiet goods. The southeast asia threat assessment will be launched in April.

Trafficking in elephant ivory January 2013: Hong Kong Customs seized 779 tusks (1,000 kg, worth $1.5m), smuggled by sea from Kenya via Malaysia. September 2011: Malaysia Customs seized 695 tusks originated in Tanzania and directed to China. Is Wildlife Crime a TOC? Clearly yes when we look at the volumes of ivory and rhino horn, and other animal parts seized. T he UNODC Threat Assessment shows the flow of ivory from Central/East Africa to Asia. The routes and the number of transiting countries indicate a high level of sophistication of the traffickers. 4

Trafficking in rhino horns November 2011. Hong Kong Customs seized 33 horns from South Africa, directed to China or Vietnam Poaching of rhinos between 2011 and 2012 rose by 43 percent, a total of 745 were poached 2012. Over 2 rhinos a day were being shot 2013 (February 2013) (IUCN) 1kg rhino horn = 65,000 USD (1 animal possesses 6-7 kg) – more that gold or cocaine. What drives this massive poaching? (next slide) Former US secretary of state, Hillary Clinton, upgraded trafficking from a conservation issue into a national security threat in November 2012. As Hillary Clinton said, it is one thing to be worried about the traditional poachers who come in and kill and take a few animals, a few tusks, a few horns, or other animal parts. It's something else when you've got helicopters, night vision goggles, automatic weapons, which pose a threat to human life as well as wildlife.

What drives this trade? High demand (ornament, traditional medicines, status) wealthy markets in Asia, Europe, USA, Middle East No stigma associated to consumption Low risk of detection and conviction, low penalties High revenues for the traders: Poverty and lack of alternative livelihoods drives poaching in countries of origin In terms of rhino horn, it is a high demand in Asian Countries that drives the supply. Powdered rhino horn, a medicine that has morphed into a status symbol in some parts of south-east Asia, sold for upwards of $100,000/kg. The average rhino horn was worth $600,000 – a price that gave the traffickers plenty of cash to pay off corrupt government officials.

Who are the smugglers? Various nationalities involved Traders with specialized knowledge Large use of middlemen/facilitators Poachers are often occasional actors Underground role of retailers Complicit public officials Just like drugs persons from many nationalities are invloved Persons with knowliedge of each link in the trafficking chain – from sourcing the product to getting out of the country and ultimatley getting it into the destination countrty an into the market Each of these links has numerous supporting actires such as middlemen and those who assiti n moving the product. For the most part the poachers are the occasional actors ofting times poaching for livelihood reasons and making inimum finacial gains – ths big gains are made by OC In order to move this quantiity of product with ease there is support by corrupt officials at all levels. The methods used are for the most part the same as for drugs, weapons, trafficking in humans and others Yet the attention of law enforcement is often more concentrated on the poaching and it rarely reaches out to higher echelons of the networks. Retailers are restaurants, pet-shops, antiquity shops, pharmacies, etc.

How is the smuggling conducted? Trans-boundary in nature Not one mafia, but many networks Highly dynamic and competitive Sophisticated concealment and disguise techniques Increasing role of internet High level corruption (white-collar crime) The size of the network is highly variable (from small and localized to large and highly specialized). Depending on the species, the market can be “underground” in nature (e.g. for tigers) or relatively “in the open” (e.g. reptiles, small wildlife, and to some extent ivory)

Benefits of considering wildlife crime a “serious” crime? Higher level of penalties acting as deterrent (wildlife crime is a low risk/high profit-crime) Higher level of convictions Increased sophistication of investigative techniques (electronic surveillance e.g. telephone tapping) Increased level of international cooperation (both law enforcement and judiciary) Higher level of penalties could be applied. It would lead to a higher level of convictions. Sophisticated investigative techniques could be used. International cooperation could be enhanced. ECOSOC Resolution 2011/36 is urging Member States to consider trafficking in wild fauna and flora as a serious crime.

Conclusions Illegal Wildlife Trade is a transnational organized crime Wildlife Crime has to be considered as a serious crime Adequate legislation, highly trained judiciary and prosecution are required Front line officers need support transnational organized crime requires a coordinated transnational response--International Consortium on Combating Wildlife Crime (ICCWC) I would like to conclude: Illicit trade in wildlife has exploded given the low risk and huge profits making it very attractive to TOC – this threatens national security, economic growth, development and human health There is little or no doubt that the Illegal Wildlife Trade is a transnational organized crime. Adequate national legislations, well equipped judiciary and prosecution are required. Wildlife crime has to be considered a serious crime. One major loophole is that all countries have not made wildlife trafficking a serious crime-- Law Enforcement agencies, park rangers, customs need capacity-building (in terms of training, awareness, equipment,) The need to adopt Investigataive tecniques that use sophisticated technology, forensic sciences, anti-mney laundeing, and anti-corruption measures is critical as it has happened for other forms of ToC A transnational crime requires transnational responses, such as being provided through the ICCWC