1. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Portfolio Committee on Water and Environmental Affairs 13 November 2012

2. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) History: Rhino proposals to CITES Current CITES discussions relating to rhino TRAFFIC Report: Trade Nexus African elephant ivory trade experience Key Issues and CITES Proposals(anti-use) OUTLINE

3. Appendix I: Species threatened with extinction, which are or may be affected by trade International (commercial) trade in wild-taken specimens is generally prohibited Non-detriment finding required Appendix II Species not necessarily threatened with extinction, but for which trade must be controlled to avoid their becoming so, and species that resemble species already included in Appendix II International trade is permitted but regulated Non-detriment finding required CITES (i)

4.  Black rhino – Appendix I (CoP approved hunting quota: 5 adult males)  White rhino – Appendix II: South Africa and Swaziland’s populations of White rhino for the exclusive purpose of allowing international trade in- live animals to appropriate and acceptable destinations; and hunting trophies All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly (no commercial trade) CITES (ii)

5. HISTORY: RHINO PROPOSALS TO CITES COP 8 (1992): Down-listing to Appendix II proposed Zimbabwe submitted proposals for both white & black rhino South Africa population size: Approx. 5 500 800 on private land in South Africa Poaching effectively controlled in SA through appropriate anti-poaching & other security programmes Proposal indicated that “the strategy of banning all international trade in rhino products has failed to provide any significant protection to rhino populations in the wild and should be discarded as a viable conservation measure” 5

6. HISTORY: RHINO PROPOSALS TO CITES COP 8 (1992): Down-listing to Appendix II proposed Controlled utilisation included: –Ranching for horn (periodic capture & removal of excess horn growth –Products from natural mortalities –Slaughter for products (seriously injured, sick or post- reproductive animals) Annual quota of 500 kg of horn proposed Marketing system – products processed in South Africa 6

7. HISTORY: RHINO PROPOSALS TO CITES Outcome (COP 8 - 1992): Proposal rejected Committee expressed concern about the status of the world’s rhino populations and stated that “illegal trade in rhinoceros horn has been a major cause of this alarming situation and that, despite the listing of the species in Appendix I, the CITES machinery has been largely ineffective. This, in fact, is largely a consequence of the high market demand in certain countries” Various interventions proposed, including a comprehensive study of the illegal trade in rhinoceros horn, especially in order to identify points at which that market may be most vulnerable to influence…… 7

8. HISTORY: RHINO PROPOSALS TO CITES COP 9 (1994): Down-listing to Appendix II Namibia, Botswana and Zimbabwe submitted African elephant proposals – proposals adopted, incl. experimental sale of ivory Rhino population size: Approx. 5 300 Poaching effectively controlled in SA through appropriate anti-poaching & other security programmes Controlled utilisation to include: –Darting safaris –Products from natural mortalities –Slaughter for products (seriously injured, sick or post- reproductive animals) –Ranching for horn 8

9. HISTORY: RHINO PROPOSALS TO CITES COP 9 (1994): Down-listing to Appendix II Market: Yemen (handles for ceremonial daggers) & countries in eastern Asia – traditional Chinese medicines Quota system proposed, but quota not specified Possible framework for legal trade, developed by Natal Parks Board included in proposal – included: –Techniques to identify rhino horn; –Rationale for legal trade; –Disposal of horn through : –Auction to accredited buyers / –Sale by agreements to accredited buyers / –Sale by agreement to appropriate controlling authority in the consumer nation 9

10. HISTORY: RHINO PROPOSALS TO CITES COP 9 (1994): Down-listing to Appendix II Proposal amended – transfer to Appendix II “for sale of live animals to appropriate and acceptable destinations and hunting trophies only” Outcome: Amended proposal adopted 10

11. HISTORY: RHINO PROPOSALS TO CITES COP 10 (1997): Amendment of annotation to allow the possibility of establishing a legal trade in rhinoceros products Proposal submitted to lift the restrictions preventing trade in rhino horn and other products Population size: Approx. 7 000 Private ownership: 1 200 Poaching in ZA A framework similar to previous COP included in proposal 11 YearNr poachedYearNr poached 19908199313 19915199426 199215199510

12. HISTORY: RHINO PROPOSALS TO CITES COP 10 (1997): Amendment of annotation to allow the possibility of establishing a legal trade in rhinoceros products Outcome EU & USA did not support the proposal – –EU indicated that adequate control mechanisms for trade not in place & therefore the proposal is premature. –USA indicated that the amendment will undermine progress made by many Parties to reduce demand for rhino horn. Offered support for dialogue on non-commercial disposal of rhino horn stocks. Proposal rejected (A vote was taken by a show of hands – 60 votes in favour & 32 against) 12

13. HISTORY: RHINO PROPOSALS TO CITES COP 11 (2000): South Africa submitted a proposal to down-list its population of African elephant – Proposal adopted KZN did request that a rhino proposal be submitted – similar to the proposal in 1997. –SADC CITES COP Preparatory meeting recommended that a trade system for rhino horn be developed before a proposal is submitted to the COP. 13

14. CITES Standing Committee Working Group on Rhinoceros – WG report submitted for consideration at CITES COP 16; TRAFFIC Assessment of rhino horn as a traditional medicine submitted to Standing Committee; TRAFFIC report: The South Africa- Viet Nam Rhino Horn Trade Nexus: A deadly combination of institutional lapses, corrupt wildlife industry professionals and Asian crime syndicates CURRENT CITES DISCUSSIONS RELATING TO RHINO

15. TRAFFIC report: “Rhino horn’s long history of use in traditional medicine suggests that it has proved efficacious in the experience of many people, and some scientific research supports this, although negative results have also been reported. However, its medicinal use has been prohibited in the 5 countries/territories studied.” Countries/territories studied: China, Taiwan (province of China), Japan, Vietnam, Republic of Korea WG report: Focus on demand reduction strategy to be developed CURRENT CITES DISCUSSIONS RELATING TO RHINO

16. South Africa: “A potent mix of some unscrupulous wildlife professionals, some corrupt government officials, together with hardened Asian criminal syndicates has converged to create the “perfect storm” for wreaking havoc on the country’s rhino populations” Key recommendations: Sustain strong high-level political will Operation Rhino and PC process Address capacity & resource constraints (conservation authorities) Combined submission to NT – Enforcement Design & implement a secure, national electronic permit system Expression of interest received & tender process to follow TRAFFIC REPORT:TRADE NEXUS (i)

17. Continue the implementation of mandatory registration, marking and DNA sampling Implemented Develop & enact bilateral treaties MoU with Socialist Republic of Vietnam finalised and to be signed; Annexure to MoU with People’s Republic of China. MoU with Kenya to be finalised. Minister is planning to meet her Kenyan counterpart. Appropriate penalties to be given Penalties – incl. asset forfeiture Deny permits to those charged with rhino crimes Amendment included in National Environmental Management Laws First Amendment Bill TRAFFIC REPORT:TRADE NEXUS (ii)

18. Key recommendations (continue): Improve capacity for investigations, intelligence gathering & analyses, as well as communication and collaboration between law enforcers Wildlife Information Management Unit being finalised Tighten law enforcement at ports of entry and exit Agreement reached relating to transfer of three inspectors (funds and posts) from Gauteng to DEA Ensure effective monitoring & regulation of sport hunting Monitoring of sport hunting on-going despite capacity constraints TRAFFIC REPORT: TRADE NEXUS (iii)

19. Key recommendations (continue): Develop better regulation of professionals within the wildlife industry NEMLA – national registration for professional hunters and outfitters Designate rhino crime cases to specific prosecutors On-going – Specific prosecutors Take an objective and strategic approach to assessing long term outcomes of any future interventions in relation to global rhino conservation objectives and trade Rhino Issues Manager process to inform position relating to trade. Conservation interventions aimed at addressing long-term conservation and can be extended to the region TRAFFIC REPORT: TRADE NEXUS (iv)

20. Viet Nam: “the growing body of evidence clearly indicates that Viet Nam is the world’s leading destination and consumer of rhino horn” Key recommendations Demonstrate strong political will Review & strengthen legislation and penalties Address infractions regarding legally-imported rhino horn trophies Curtail internet advertising Address the issue of “fake” rhino horn in the market-place Develop & implement bilateral treaties Develop a strict regulatory mechanism Employ effective enforcement strategies TRAFFIC REPORT: TRADE NEXUS (v)

21. Key recommendations (continue) Commit adequate financial & human resources Support on-going research Promote demand reduction activities Undertake clinical trials and peer review research on the medicinal properties of rhino horn – promote alternative substances TRAFFIC REPORT: TRADE NEXUS (vi)

22. ELEPHANT IVORY TRADE EXPERIENCE Key aspects to consider based on African elephant experience Only registered government-owned stocks, originating in the country was approved for sale (excluding seized ivory and ivory of unknown origin); Trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of domestic manufacturing and trade Secretariat has verified the prospective importing countries and the registered government-owned stocks 22

23. ELEPHANT IVORY TRADE EXPERIENCE Key aspects to consider Mechanism for sale / trade (ivory – once off sales: auctions) The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range Decisions to be taken with due consideration of African Elephant Action Plan (developed and adopted by all African elephant range States) 23

24. Panel of Experts - Report Example: Proposal – United Republic of Tanzania Panel of Experts report (CoP15 Doc 68 Annex 6a) Population management matters Challenges in verifying documentation & gaps in source documentation Nature Conservation legislation evaluated Law enforcement efforts – large scale seizures outside the country & involvement of organised crime syndicates in poaching Concerns relating to low prosecution rates and sentences 24

25. ELEPHANT IVORY TRADE EXPERIENCE SYSTEMS IN PLACE WHEN ELEPHANT PROPOSAL SUBMITTED Trade partners – Japan and China: Systems and legislation in place. Tested through the first ivory sales (Namibia, Botswana and Zimbabwe: Approved in 1997 & sold in 2000) Ivory stockpile information available and confirmed – restricted to government owned stockpiles IMPORTANT ASPECTS Lobby actions – combined effort by all proponent countries (South Africa, Botswana, Namibia) with support from SADC Preceded by successful once-off sale by other countries African Elephant Action Plan developed & adopted at COP 15 25

26. CITES COP 16 – KEY ISSUES Key issues to be considered in the preparation for CITES CoP16 3-15 March 2013 in Bangkok (Thailand): –Proposals to amend the Appendices –Working documents: Implementation of the Convention Cabinet approval to be obtained prior to the COP: Mandate Preparatory sessions with SADC member states

27. CITES PROPOSALS AND WORKING DOCUMENTS (I) Species covered by Proposal ProponentProposals Loxodonta africana (African elephant) Burkina Faso, Togo, Mali & Kenya To amend the annotation for Loxodonta africana “no further proposals to allow trade in elephant ivory from any populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs”

28. CITES PROPOSALS AND WORKING DOCUMENTS (II) Species covered by Proposal / Working doc ProponentProposals Loxodonta africana (African elephant) Benin, Burkina Faso, Mali, Liberia Nigeria and Kenya To amend decision 14.77 on decision making mechanism for future trade in elephant ivory (no agreement on interpretation) Loxodonta africana (African elephant) United Republic of Tanzania To transfer the population of the African elephant of the United Republic of Tanzania from Appendix I to Appendix II

29. CITES PROPOSALS AND WORKING DOCUMENTS (III) Species covered by Working Doc ProponentProposals Loxodonta africana (African elephant) Nigeria and RwandaProposed new resolution concerning the African Elephant Action Plan and African Elephant Fund (support to implement in all range states) Loxodonta africana (African elephant) Côte d’Ivoire, Sierra Leone, Mali, Liberia Proposed amendment to Resolution Conf 10.9 on consideration of proposals for the transfer of African elephant populations from Appendix I to Appendix II

30. CITES PROPOSALS AND WORKING DOCUMENTS (IV) Species covered by Proposal / Working doc ProponentProposals Ceratotherium simum simum (White rhino) KenyaTo amend the annotation for Ceratotherium simum simum to include: “ “Hunting trophies from South Africa and Swaziland shall be subjected to zero export quota until at least CoP18” Leopard (Panthera pardus) Botswana, South Africa, USA Amendments to Resolution Conf. 10.14 - Quotas for leopard hunting trophies and skins for personal use(interpretation of the quota use)

31. CITES PROPOSALS AND WORKING DOCUMENTS (V) Species covered by Proposal ProponentProposals Hoodia sppSouth Africa, Botswana, Namibia To amend annotation #9 related to Hoodia spp Carcharhinus longimanus (Oceanic white-tip shark) Brazil, Colombia, USA Inclusion of Carcharhinus longimanus into Appendix II Lamna nasus (Porbeagle shark) Comoros, Croatia, Denmark & Egypt Inclusion of Lamna nasus into Appendix II Pristis microdon (Freshwater sawfish) AustraliaTransfer of Pristis microdon from Appendix II to Appendix I - Australia

32. There seem to be a drive towards anti- use lobby THANK YOU 32