1. WILDLIFE CONSERVATION SOCIETY Indonesia Program Jl. Atletik No. 8, Bogor – Indonesia Wildlife Trade in Indonesia: Key Issues and Responses

2. GLOBAL WILDLIFE TRADE What is Wildlife Trade?  Many species, many uses, many end-markets  Three broad typologies – illegal, legal, illegal ‘ laundered ’ into legal Scale & Threat  Global illegal trade in fauna and flora (other than fisheries and timber is worth $7-$23 billion dollars annually (UNEP, 2014)  Asia-Pacific trade: $2.5 billion (UNODC, 2013) and cause of decline of 1/3 of all threatened species in the region  Big private revenues being made: Big state revenues being lost  Domestic, regional and trans-continental in scale three forms of tiger trade

3. INDONESIA…  1 st country globally for marine biodiversity; 2 nd country for terrestrial biodiversity  Largest supplier of wildlife products in Asia, both ‘legal’ and illegal; illegal trade is estimated at $1 billion/year.  Traded species include: tiger, rhino, elephant, orangutan, birds, bears, orchids, marine and freshwater fish, turtles, fragrant timber, pangolins, coral, snakes, bats, sharks, and rays…  107 species of birds and mammals listed as Endangered (2008); overexploitation is the major threat for one-third. Hunting and trade is the major threat for all endangered reptiles  Huge loss of revenue for the Indonesian government: $17m declared international trade generated only $300k tax in 2005; $100 m of domestic legal trade generated no revenue  Huge loss of potential revenue from other sources, e.g. tourism from manta rays  Increasing transit country for international wildlife trade, e.g. African Ivory

4. Sumatran Tiger: <650 individuals Sumatran Rhino: approx 120 individuals Sumatran Elephant Pangolins BabirusaSumatran Orangutan Indonesia is the only country in Southeast Asia with an intact megafauna

6. Changing trade routes for African Ivory: 2000-2008

7. Changing trade routes for African Ivory: 2012-2013 Indonesia emerging as a destination and transit country

8. Brokers trading wildlife are involved in other crimes Article 103 Article 233, 234 Article 190 Article 104 Article 153, 154, 155, 273, 274, 275 Article 251 Article 289 Article 161

9. “The reality is that we have done all in our power and doing the same thing every day isn’t working.” “Enforcement is not working” “Demand in Asia wont ever reduce” …Its time to legalize the trade in [insert species name here]

10. The reality is enforcement is patchy Enforcement currently focuses on poachers at source sites Yet to effectively target at the criminal network level Good enforcement also needed to regulate legal trade

11. CURRENT BILATERAL/MULTILATERAL PROGRAMS  US Department of Justice (US-DoJ) International Criminal Investigative Training Program (ICITAP): trainings for police, customs, etc  US-DoJ Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT): training for prosecutors and judges, AGO taskforce  US Embassy regional dialogues on illegal wildlife trade (GoI, Malaysia, Thailand, Vietnam)  US Fish and Wildlife Service (USFWS): existing grants to NGOs  US Agency for International Development (USAID) new programs, currently being planned  UN Office on Drugs and Crime (UNODC): work on forestry crime  WCS: Wildlife Crime unit  Proposed: GEF (Global Environment Facility) project on illegal wildlife trade and CITES, being developed by WCS/UNDP  Regionally: International Consortium for Combatting Wildlife Crimes (ICCWC): CITES secretariat, Interpol, World Customs Organisation, United Nations Office on Drugs and Crime and the World Bank

12. INDONESIA HAS THE POTENTIAL TO BE A REGIONAL LEADER ON ILLEGAL WILDLIFE TRADE ENFORCEMENT Currently: >20 major prosecutions/year [more than any other country in the region] Significant interest from Government law enforcement agencies Success is due to Government interest and capacity to act

13. INDONESIA: STRATEGIC DIRECTIONS 1.Institutional Reform 2.Policies, Regulatory reform 3.Incentives & Cost- recovery 4.Information-sharing 5.Capacity-building 6.Dismantling national and international trade networks 7.Effective management of Protected Areas 8.Political will & Reducing demand 9.Regional linkages Stop the trafficking Stop the demand Stop the killing

14. 1. Institutional Arrangements Ministry of Forestry - Protected Species List (PP.7/1999) - PA Management - Investigators (PPNS) - Provincial Nature Conservation Agencies - CITES management authority Ministry of Marine Affairs & Fisheries - MPA management - Marine protected species [but not linked to Protected Species List or CITES] - Provincial Fisheries Agencies - Investigators (PPNS) Fines & Criminal Penalties ( ➭ Police) Fines Only (no Police role) LIPI (CITES Scientific Authority) (informs) Indonesian National Police - Criminal Investigation Division (CID) in Jakarta responsible for investigating organised and transnational crime - Regional POLDA - NCB Interpol Attorney General’s Office - AGO Taskforce on environmental crimes – limited role - Provincial, district prosecutors Judges and Courts - Adjudicate cases PPATK Eijkman Institute - Wildlife forensics - Expert witnesses - Anti-money laundering - Never used for wildlife cases (Multiple agencies, overlapping mandates, unclear coordination, CITES implementation for marine species unclear/no links between MMAF and protected species list, some agencies under-utilised [PPATK, Eijkman]) Customs, Quarantine - Border controls Proposed Solutions - Establishment of a National Wildlife Crime Taskforce (MoF, MMAF, INP, AGO, Customs, PPATK, etc.) - Review CITES implementation arrangements, eg. delegation of authority for marine species to Ministry of Marine Affairs and Fisheries - Engage other agencies that bring particular expertise and responsibilities (e.g. PPATK, Eijkman Institute, LIPI)

15. 2. Policies & Regulations – Protected Species List  PP.7/1999 under Law 5/1990  294 species, all strictly protected, includes mammals, birds, trees, fish, etc.  All species strictly protected (fine up to $10,000; jail up to 5 years), not aligned with new penal code  Crimes can be investigated by the Indonesian National Police  List was approved in 1999, never updated Problems  Eg 1. Non-native species are not on the PP.7/1999. Therefore sale of African Ivory within Indonesia is not illegal. True for all other non-native species (e.g. other Tiger sub-species).  Eg 2. Manta regulation is enacted under a weak law, no criminal penalties, no link to PP.7/1999 Proposed Solutions  Revise and update protected species list, including non-native species (e.g. African Elephants); develop protected marine species list  Enact regulations to translate CITES decisions into national law (e.g. updates to the PP.7/1999)  Revise Law 5/1990 (Conservation Law); align Law with new penal code  Development of policy for action on illegal wildlife trade

16. 2. Policies & Regulations – other concerns Barriers & Underlying Causes  Laws require subsidiary regulations that have not been enacted  Large numbers of inconsistencies and loopholes in current regulations Proposed Solutions  Enact necessary subsidiary regulations under existing Laws  Development of policy for action on illegal wildlife trade

17. 3. Incentives & Cost Recovery Barriers & Underlying Causes  Current fiscal regulations are weak and not commensurate with the level, value, impact or cost of regulating wildlife trade  Cost-recovery mechanisms seldom applied, such as revenue seizure  Lack of incentives for legitimate industry to demonstrate good practice  Anti money-laundering regulations are not used. Proposed Solutions  Economic valuation of legal and illegal wildlife trade, including externalities and opportunity costs (such as the value of wildlife in situ)  Assessment of the economics of enforcement (including optimal levels of enforcement to provide a disincentive to malpractice)  Legal and policy analysis of appropriate responses to enhance revenue generation from wildlife trade  Development of cost-recovery mechanisms from legal trade  Use of anti money-laundering regulations to prosecute illegal wildlife trafficking and recover costs

18. MANTA RAY PROTECTION

19. 4. Information-sharing Barriers & Underlying Causes  Mistrust: limited sharing of intelligence between government agencies or countries to combat transnational trade  No national-level environmental or wildlife crimes case tracking system  Limited information systems, eg data on species population sizes, trade routes, monitoring licensed traders, etc.  Regional information systems underutilised (eg Interpol wildlife crime database) Proposed Solutions  Establish a case tracking system  Establishment of domestic and international information systems to track and share information on illegal and legal wildlife trade  Mapping source sites, trade volumes and networks, both legal and illegal  CITES reporting  Engage with regional information and messaging systems

20. 5. Capacity-building Barriers & Underlying Causes  Large number of law enforcement agencies; Limited understanding, interest or capacity  Environmental crimes rarely included in government training courses Solutions  Build CITES implementation capacity  Development of training modules and standard operating procedures (SOPs) for civil servant investigators (PPNS), police, quarantine, customs, prosecutors, judges and military, which are integrated in the mandatory government training programmes  Development of guidelines on wildlife cases by the National Police, General Attorney and Supreme Court as appropriate

21. 5. Capacity-building – Wildlife Forensics  Huge need for wildlife forensics in order to accurately identify the species and source  No wildlife forensics facilities  Eijkman Institute (government molecular biology lab in Jakarta) provides adhoc support; Eijkman is one of the leading labs in SE Asia Solutions  Establishment of the technical capacity to undertake wildlife forensics and a National Wildlife Forensics System (hardware, software, training), in collaboration with Eijkman Institute  Second technical expert to Eijkman to establish the lab  Training for expert witnesses

22. 6. Dismantle Trade Networks Barriers & Underlying Causes  Trade networks are not fully mapped out or understood  International trade often involves a small number of criminal groups, that specialise in lots of types of wildlife and other items (drugs, guns, etc) Solutions  Establish wildlife police within the Indonesian National Police – Criminal Investigation Division, which is responsible for investigations into transnational crime  Scale-up the WCU approach: supporting MoF, MMAF and provincial police to establish units to target illegal wildlife crime and undertake successful prosecutions, including provision of legal assistance  Prosecute against multiple offences (e.g. drugs, guns, etc, as well as wildlife)  Target demonstration activities at key trade points: Jakarta, Medan (North Sumatra), Lampung (southern Sumatra), Manado (North Sulawesi), Palembang (South Sumatra); Sorong (Irian Jaya); Surabaya (East Java), Semarang (Central Java) and; Pangkalan Bun (Central Kalimantan)

23. Government:  Ministry of Forestry: ‑ Direktorat PPH, Direktorat KKH Ditjen PHKA ‑ Provincial BKSDA & National Parks  Ministry of Marine Affairs  Indonesian National Police: ‑ Criminal Investigation Division (CID) ‑ POLDA (provincial police) ‑ NCB Interpol  Customs  Attorney General  Quarantine  PPATK (anti-money laundering)  Military  Eijkman Institute (wildlife forensics) WILDLIFE CRIME UNIT Media AJI Lampung, Lampung Post, Radar Lampung, The Jakarta Post, Lampung TV, Metro TV, Trans TV, TV One, Radar Lampung, Kompas, ANTARA, Oke Zone, Kompas Cyber Media, Jakarta Globe. NGOs RPU (Rhino Protection Unit), Vesswic, OIC, SOCP, LASA (Lembaga Advokasi Satwa), IAR (International Animal Rescue), JAAN (Jakarta Animal Aid Network), Forum HarimauKita, Yayasan Kanopi Indonesia, ZSL. A unique partnership of Government Agencies, Civil Society Organisations, Volunteer Informant Networks and the Media, facilitated by WCS, dedicated to combatting illegal wildlife trade in Indonesia

24. WCU APPROACH  Investigation and law enforcement support  Court process assistance  Monitoring illegal wildlife hotspots  Training and capacity building  Campaign and outreach  Media publications

25. NumbersNotes 600 investigationsEarly cases (2003-2005) focused on about 100 minor wildlife criminals Of those 600 cases, the GoI has taken law enforcement action on 252 GoI now acts on 40% of WCU cases, up from 10% of cases in 2003. WCS started training judges, police and prosecutors on wildlife crime laws, and as a consequence the GoI began acting on more and more cases. Of those 252 cases, 240 led to successful law enforcement action (either confiscation or arrest). The high success rate of arrests is a testament to the thoroughness of the investigations done by the GoI/WCU Of those 240 successful law enforcement actions, over 220 lead to successful prosecutions. National average for arrest to prosecution ratio for wildlife crimes is 5%. Wildlife crimes cases brought by WCU have an arrest to prosecution ratio of over 90%. This is a testament to the quality of the investigations and the quality of legal assistance the WCU provides. These 220 successful prosecutions include about 120 confiscations, but also include over 100 poachers and traders, including many major kingpins of wildlife trade The WCU is now targeting larger and larger actors in the wildlife trade networks. The top 10 wildlife crime cases in Indonesia were all catalyzed by the WCU WCU by numbers: The Wildlife Crimes Unit has catalyzed the successful arrest and prosecution of hundreds of wildlife criminals

26. 7. Improve PA management Barriers & Underlying Causes  National park management is weak, despite significant park budgets and staff.  Management of wildlife outside national parks (including other PAs) falls under BKSDA (regional agencies) which have limited budgets and staff  Within protected areas there is widespread hunting, including of protected species, which is then traded either illegally Solutions  Implementation of resort-based management (government mechanism for improved management)  Database systems to track law enforcement actions and cases (e.g. SMART)  Training for protected area staff and species protection units (e.g. RPUs)  Development and maintenance of informant networks  Monitoring of key species

27. 8. Political will & Demand Barriers & Underlying Causes  Political awareness of scale and impact is low, results in low priority  The exploitation of wildlife is a cultural norm; this attitude persists through regulating agencies  Weak legal trade system allows corruption to thrive  Increasing domestic demand driven by emerging middle/upper class Proposed Solutions  Raise political awareness of the scale and impact of illegal wildlife trade, eg loss of tourism or government revenues  Engage senior government officials on the need to act  Communication campaigns, awareness-raising (e.g. @America) to reduce demand in Indonesia  Engage journalist networks

28. Engaging journalists has been critical to WCS’s successes through the WCU – using media to praise officials that conduct successful investigations; and using media to raise awareness of a case if there is a risk of corruption/malpractice 8. Political will & Demand – Engaging Media

29. 9. Regional Linkages Regional linkages  Enhance information-sharing using existing secure messaging services between governments (e.g. Interpol’s I-24/7 system)  Strengthen existing regional institutions (ASEAN-WEN, ASEANAPOL, ASEAN-CITES etc)  Joint-activities of Indonesian, Vietnamese and Chinese (etc) law enforcement agencies including enforcement planning, training exercises, and operations towards strengthening the policing and criminal justice response to wildlife crimes  Joint-task force to combat pangolin trafficking established by Vietnam and Indonesia and coordinate with the ASEAN-WEN Special Investigation Group on Pangolins

30. Metrics of Success  Complete cessation of the open legal trade of key threatened species  Measured reductions in the volume of legal trade of declining species  Measured reductions in the volume of covert illegal trade  Reductions in reported domestic market demand  Captive breeding farms will be for captive breeding (not laundering wild- caught animals)  Increases in key populations of globally threatened species in the wild (rhinos, tigers)  Indonesia will make more money by selling less wildlife  Enforcement operations will be conducted and coordinated by Indonesian Government institutions… we will work our way out of the equation

31. Tom Clements PhD Wildlife Conservation Society tclements@wcs.org