Transcription

SOUTHERN AFRICAN DEVELOPMENT COMMUNITYLAW ENFORCEMENTANDANTI-POACHING STRATEGY2016-2021FINALAugust 2015i

KAZALATFLEAPLRTMDGsMEFDDMIKENACSOAfrican Elephant DatabaseAfrican Elephant SummitAfrican Elephant Specialist GroupAfrican Rhino Specialist GroupWWF-African Rhino ProgrammeAfrica’s Regional Response to Endangered Species TraffickingAssociation of South East Asian Nations Wildlife EnforcementNetworkAfrican Wildlife FoundationBlack Rhino Range Expansion ProjectCommunal Areas Management Programme for Indigenous ResourcesConvention on Biological DiversityCommunity-based Natural Resource ManagementConservation Development CentreCentre of Excellence for Environmental Decisions, University ofQueenslandConvention on the International Trade in Endangered Species of WildFauna and FloraConvention on Migratory SpeciesConference of PartiesCorruption Perceptions IndexEndangered Species ActElephant Trade Information SystemEuropean UnionFood, Agriculture and Natural ResourcesFrankfurt Zoological SocietyGross Domestic ProductGlobal Environmental FundDeutsche Gesellschaft für Internationale ZusammenarbeitGreat Limpopo Transfrontier ParkHorn of Africa Wildlife Enforcement NetworkInternational Conservation Caucus FoundationInternational Consortium on Combating Wildlife CrimeInternational Fund for Animal WelfareInternational Institute for Environment and DevelopmentInternational Criminal Police OrganisationInternational Union for the Conservation of NatureKavango-Zambezi TFCALusaka Agreement Task ForceSADC Law Enforcement and Anti-Poaching StrategyLowveld Rhino TrustMillennium Development GoalsMinistry of Forestry Economy and Sustainable Development (DRC)Monitoring the Illegal Killing of ElephantsNamibia Association of CBNRM Organisationsi

NEPADNew Partnership for African DevelopmentNGONon-Government OrganisationORGANOrgan for Politics, Defence and SecurityPAEASPan African Elephant Aerial SurveyPESPayments for Ecosystem ServicesRBMRanger Based MonitoringRISDPSADC Regional Indicative Strategic Development PlanRPRCRegional Programme for Rhino ConservationSADCSouthern African Development CommunitySARPCCOSouthern African Regional Police Chiefs Co-operation OrganisationSIPOStrategic Indicative Plan for OrganSMARTSpatial Monitoring and Reporting ToolSPO-NRM &Wildlife Senior Programme Officer - Natural Resources and WildlifeSULiSustainable Use and Livelihoods Specialist GroupTATechnical AssistanceTBNRMTransboundary Natural Resources ManagementTFCATransfrontier Conservation AreaTRAFFICWildlife Trade Monitoring NetworkTWIXTrade in Wildlife ExchangeUNDPUnited Nations Development ProgrammeUNODCUnited Nations Office on Drugs and CrimeUNEPUnited Nations Environmental ProgrammeUSAUnited States of AmericaUSAIDUnited States Agency for International DevelopmentUSF&WSUS Fish and Wildlife ServicesWCPCSADC Wildlife Crime Prevention and Coordination UnitWCOWorld Customs OrganisationWENWildlife Enforcement NetworkWENSAWildlife Enforcement Network for Southern AfricaWWFWorld Wide Fund for Natureii

TABLE OF CONTENTSAcronyms . iExecutive Summary. ivIn addition, the Strategy includes the establishment of a SADC Wildlife CrimePrevention and Coordination Unit. . v12INTRODUCTION .11.1Transboundary use and protection of natural resources in the SADC region 21.2Overview and challenges facing SADC Wildlife Resource protection .31.2.1Status, distribution and numbers of elephant .41.2.2Status, distribution and numbers of black and white rhino .5RATIONALE FOR THE LAW ENFORCEMENT AND ANTI-POACHING STRATEGY .72.1 Overview of current levels of rhino and elephant poaching in the SADCregion 82.1.1Trade Patterns in Ivory and Rhino Horn .92.1.2Bushmeat Crisis . 112.2Responses to managing elephant populations and the poaching crisis .122.3SADC obligations and current international responses . 122.3.1United Nations . 142.3.2Millennium Development Goals (MDGs) .142.3.3European Union . 152.3.4United Kingdom . 162.3.5United States. 162.3.6Africa .172.4Response from within Southern African Range States in SADC. 193 POLICY FRAMEWORK FOR A SADC LAW ENFORCEMENT AND ANTI-POACHINGSTRATEGY . 243.1SADC Treaty .243.2THE SADC Protocol on Wildlife Conservation and Law Enforcement .243.3The SADC Protocol on Forestry .253.4The SADC Regional Indicative Strategic Development Plan. 253.5Strategic Indicative Plan of the Organ (SIPO) .253.6Protocol on Politics, Defence and Security . 263.7SADC FANR Operational Plan .263.8The SADC Biodiversity Strategy .263.8.1SADC Biodiversity Action Plan. 27iii

4ASSESSMENT OF LAW ENFORCEMENT AND ANTI-POACHING CAPACITY .274.1Current inter-governmental and inter-agency collaboration . 274.2Field operations. 284.3The Lusaka Agreement and Task Force . 284.4Wildlife Enforcement Network (WEN) . 294.4.15Wildlife Enforcement Network for Southern Africa (WENSA).30SADC LAW ENFORCEMENT AND ANTI-POACHING STRATEGY. 325.1Approach to preparing this strategic plan . 325.2Vision, Mission and Values .335.3Purpose and Objectives of the SADC LEAP Strategy 2015-2020 . 335.4Strategic Programme Areas .345.4.1Enhancement of legislation and judicial processes . 345.4.2Minimization of wildlife crime and illegal trade .355.4.3Integration of people and nature . 365.4.4Sustainable trade and use of natural resources .375.4.5Improvement and strengthening of field protection . 385.5Establishment of a SADC Wildlife Crime Prevention and Coordination Unit395.5.1Structure and staff Requirements . 405.5.2Roles and responsibilities .445.5.3Role of the SADC Wildlife Crime Prevention Coordination Unit .445.5.4Roles of National Wildlife Crime Prevention Task Forces . 455.6Implementation plan for the strategy. 465.7Monitoring and evaluation.475.7.1Recommended tools for application . 475.8 IMPLEMENTATION PLAN: OBJECTIVES, TARGETS, ACTIONS ANDPROGRAMME LEVEL INDICATORS .50List of TablesTable 1: African Elephant numbers: continental and regional totals (Source: “2013Africa Analysis”-African Elephant Database 2012)Table 2: African Elephant numbers in the SADC elephant range states 2013 (Source:“2013 Africa Analysis”-African Elephant Database 2012)Table 3: Numbers of white and black rhinos in southern Africa as of 31 Dec 2012 bycountry and subspecies (Source AfRSG)iv

Table 4: Reported numbers of white and black rhinos poached in Africa from 2010 to2014 Table 5: Legislation and Judicial ProcessesTable 6: Wildlife Crime and Illegal TradeTable 7: People and NatureTable 8: Trade and UseTable 9: Field ProtectionList of FiguresFigure 1: The national parks of southern Africa, December 2013 (Source: Peace ParksFoundation)Figure 2: Location of eighteen TFCAs in SADC, May 2013 (Source: Peace ParksFoundation)Figure 3: ETIS data showing trends in large-scale ivory seizures ( 500 kg) 2009-2013Figure 4: The institutional structure of FANR indicating the level of the SADC WildlifeCrime Prevention and Coordination Unit in relation to the SPO Natural Resourcesand Wildlife. These two Units will liaise closely to ensure that their respectivemandates are implemented.Figure 5: The institutional structure of the SADC Wildlife Crime Prevention andCoordination Unit in relation to the Task Forces established in each Member State.The Task Force Coordinator will liaise with the PO TFCA.v

Executive SummaryThe SADC Region is facing the challenge of increased poaching of elephants, rhinosand other wildlife for illegal financial gain. In recent years, the trend for poaching hasaccelerated due to the high value of ivory and Rhino horn on the international blackmarket, especially in south East Asia where markets provide a significant incentivefor poaching. For example, a total 3,668 rhinos have been poached in South Africasince 2009. Worldwide, large-scale seizures of ivory, mostly originating in Africa hadexceeded sustainable limits by 2013. Nevertheless, southern Africa still supports thelargest remaining populations of elephants and rhinos in the world, challenging SADCMember States to collectively engage with both the region and the Asian consumerstates to combat this unsustainable and illegal harvesting of wildlife.Numerous international initiatives are being undertaken to combat the illegal killingand trade of wildlife as it has become a global issue beyond just a country or regionalproblem. These initiatives include international and inter-governmental meetingshighlighting the crisis and garnering bi- and multi-lateral aid support, specific actionsof UN bodies such CITES, ODC-ICCWC, INTERPOL and IUCN as well as internationalNGOs such as TRAFFIC and WWF.Against this background, a meeting of SADC Ministers responsible for Environmentand Natural Resources held on 3 October 2013 in Maputo, Mozambique resolved to:(i) develop and adopt a comprehensive anti-poaching strategy;(ii) establish a co-ordination Unit, within the Secretariat, whose primary role will beto coordinate natural resources related law enforcement and monitoring illegalharvesting of the resources;(iii) invest in a robust education and communication program with a view to engagecommunities effectively to participate in national and cross- border efforts to fightpoaching;(iv) strengthen the institutional capacity at national levels for efficient and effectiveenforcement; and(v) take advantage of existing opportunities through Transfrontier ConservationAreas, national action plans and relevant agreements to eliminate Illegal harvestingand unregulated exploitation of wildlife in SADC Member States.The Ministers responsible for Environment and Natural Resources and theMinisterial Committee of the Organ on Politics, Defence and Security Cooperationfurther resolved that the SADC Secretariat must work in collaboration with MembersStates to develop the strategy in countering the serious poaching occurring in theregion. To this end a SADC Regional Consultative Workshop was held inJohannesburg, in October 2014 to develop a SADC Anti-Poaching Strategy. SADCMember States presented synopses of the current law enforcement and antipoaching situation in their respective countries, including details of institutionalarrangements, opportunities, and success factors amongst wildlife and otherenforcement agencies in dealing with poaching and wildlife crime. Participantsidentified the main components of the law enforcement and anti-poaching strategyiv

including a draft set of strategic options that informed the development of theStrategy.The SADC Law Enforcement and Anti-Poaching Strategy (SADC LEAP) is embedded inthe Protocol on Wildlife Conservation and Law Enforcement.The Vision of the Strategy is a SADC Region with thriving populations of wildlifespecies which are sustainably conserved for present and future generations.Its Mission is to facilitate co-ordination and co-operation among Member States inthe active protection and effective enforcement of laws relating to natural resourcesand wildlife conservation through sound policy guidance, the application of requisiteknowledge and skills, and the best available technology for the benefit of theRegion’s peoples.The Purpose of the Strategy is to provide a framework for country and regionalcooperation, together with international engagement on natural resourcemanagement and wildlife-related law enforcement and anti-poaching issues; payingspecial attention to issues that transcend national boundaries and to encourageconcerted action by SADC Member States in the protection, management,conservation and sustainable use of their wildlife and other natural resources.The Strategic Programme Areas to be addressed are:1. Enhancement of legislation and judicial processes,2. Minimization of wildlife crime and illegal trade,3. Integration of people and nature,4. Sustainable trade and use of natural resources, and5. Improvement and strengthening of field protection.In addition, the Strategy includes the establishment of a SADC Wildlife CrimePrevention and Coordination Unit.To this end all SADC Member States are actively encouraged to participate in thegovernment-led application and use of the UNODC ICCWC Wildlife and Forest CrimeAnalytic Toolkit. Moreover, the Member States are encouraged to establish TaskForces at the national level to coordinate wildlife-related law enforcement and antipoaching issues.The Strategy serves as a guiding instrument that defines the roles andresponsibilities of a Wildlife Crime Prevention and Coordination Unit (WCPC) inmeeting a clear set of strategic objectives aimed at enforcing the law moreeffectively, minimizing wildlife crime and illegal trade, integrating people and natureinto conservation and development processes, ensuring sustainable trade and use ofnatural resources, locally, nationally and regionally, and improving andstrengthening field protection of wildlife resources.v

1 INTRODUCTIONThe need for developing a SADC driven wildlife law enforcement and anti-poachingstrategy comes from the growing global awareness of a wildlife crisis in Africa. At theforefront of the international debate are the unprecedented poaching levels of theAfrican elephant and rhino. The crisis is not limited only to these charismatic speciesbut also many others that are affected by increasing human population growth andassociated habitat loss.This document serves to inform the Member States of SADC of the need for andprotection in the region,andhowbesttocoordinate this strategyamongst the differentwildlifeconservationactors, within and outsideSADC. Key issues include:the increasing pressure onland where the most intactassemblages of Africa’swildlifearefound;accommodating the factthat African people livingin wildlife-rich areas needtoreceivetangiblebenefitsfromthesustainable use of thiswildlife; and recognisingthattotackletheinternational illegal traderequires the concertedactions of all MemberStates.Figure 1: The national parks of southern Africa,December 2013 (Source: Peace Parks Foundation)The Ministers responsiblefor Environment and NaturalResources and the Ministerial Committee of the Organ on Politics, Defence andSecurity Cooperation, understanding the complexity of the causes and the rationaleof poaching, resolved that the SADC Secretariat must work in collaboration with theMembers States to develop a comprehensive law enforcement and anti-poachingstrategy to counteract the alarming poaching going on across the network ofprotected areas in the region (Figure 1).1

To achieve this it is essential to ensure that SADC has access to good quality and upto-date information in order to inform the strategic options chosen and to monitorthe outcomes. It is through this approach that SADC will be in a strong position toinform its members of what strategic institutional, policy and legal changes will berequired to ensure the long term future of Africa’s wildlife heritage.The strategy will serve as a guiding instrument that clearly defines the roles andresponsibilities of the relevant regional institutions and stakeholders including theSADC Secretariat, which will coordinate the law enforcement anti-poachingactivities. This will be achieved through the establishment and commissioning of aSADC Wildlife Crime Prevention Coordination Unit whose primary role will be tocoordinate the efforts of Member State Task Forces responsible for enforcement ofnatural resources related laws and monitoring of illegal harvesting of theseresources.The SADC Protocol on Wildlife and Law Enforcement provides the framework for thedevelopment of the SADC Law Enforcement and Anti-Poaching Strategy.Implementation of the LE&AP Strategy will directly address the Protocol’s scope,principles and objectives. Furthermore the strategy is aligned with its Articlesunderpinning legal instruments for the conservation and sustainable use of wildlife,wildlife management and conservation programmes, information sharing,cooperation in wildlife law enforcement and capacity building. Finally it complieswith required institutional arrangements.1.1Transboundary use and protection of natural resources in the SADC regionThe TransfrontierConservation Area(TFCA) concept madeits debut in Africawith the first PeacePark in 1990. It isdefined by theSouthern AfricanDevelopmentCommunity’s (SADC)Protocol on WildlifeConservation and LawEnforcement as:‘the area, orcomponent of a largeecological region, thatstraddles theFigure 2: Location of eighteen TFCAs in SADC, May 2013boundaries of two or(Source: Peace Parks Foundation)more countries,encompassing one or more protected areas as well as multiple resources use areas’.2

The platform of the TFCA initiative combines policies on wildlife conservation,community development and the promotion of culture and peace under oneumbrella. It brings together a complex and diverse mosaic of land uses under ashared, joint management structure.The SADC Member States have taken the lead in the formal designation,establishment, and political recognition of TFCAs in southern Africa. With strongpolitical support, TFCAs are increasingly being embraced at all levels of society –local communities, governments, conservation and tourism organizations, bilateraland multilateral aid agencies, the private sector and NGOs. As of 31 May 2013, SADChad 18 existing and potential TFCAs in various stages of development (Figure 2). TheTFCAs range in size from the Kavango-Zambezi (KAZA) TFCA of 500,000 km2(number 3 on the map) to the Chimanimani TFCA of 2,056 km2 (number 9 on themap). Together they cover an area of c. 1,006,170 km2.1.2Overview and challenges facing SADC Wildlife Resource protectionWhilst the focus of the strategy is on two of Africa’s most charismatic species,elephant and rhino, this should not detract from components of the strategyaddressing other endangered plant and animal species, including the great apes,pangolin, marine mammals and turtles, fresh- and salt water fish and a range of birdspecies, including important migratory birds such as vultures.The loss of important habitats and their plant species through destruction,deforestation, illegal logging and commercial timber trade is no less important, andwhere wildlife crime involves one or more of these commodities being illegallytraded together, crime issues affecting one species should not be at the expense ofanother. Applying the law should be equal in the case of all natural resources.While the overall trend in west and east Africa reflects a decline in wildlife numbersas a result of a combination of encroachment, illegal hunting and the reduction inavailability of suitable habitat, the assembly of large mammal species in southernAfrica is relatively stable. For example, the region supports between 250,000 to300,000 elephants whilst lion, leopard, buffalo, kudu, zebra and other antelopes alsooccur in large numbers. Although rhino are present in relatively small numbers, theregion still has a high proportion of the world’s population of this species.This is partly due to the expansion of protected areas but also a result of southernAfrica subscribing to two long-term overarching conservation principles – ecosystemconservation and sustainable use of natural resources. Ecosystem-scale conservationis needed to protect and maintain ecological processes, such as migration andecological succession. This requires the implementation of innovative communitybased natural resource management (CBNRM) policies outside of protected areas,while the natural capital inherent in natural resources within functioning ecosystemsin protected areas is crucial to the economic growth of communities and the privatesector. The synergy between wildlife conservation and rural development isachieved by integrating sustainable use of natural resources with ecosystemconservation.3

1.2.1Status, distribution and numbers of elephantThe African Elephant (Loxondonta africana) occurs in at least 35 Range States in allfour African regions (Table 10). Many savannah populations have suffered heavypoaching losses since 2009 but an up-to-date continental dataset is not yet available.The distribution of elephants varies considerably across the four regions, with smallfragmented populations in West Africa, and large tracts of range remaining insouthern Africa. Southern Africa has by far the largest known number of elephants inany region, holding just over 52% of the continent’s DEFINITE plus PROBABLEelephants. Eastern Africa holds just over 28%, Central Africa 17% and West Africa1.6%.Table 1: African Elephant numbers: continental and regional totals 2013 (Source2013 Africa Analysis-African Elephant Database 3712,4867,107422,95594282,027RangeArea(km²)% ofContinentalRange% 66,40551006553In the SADC Member States (Table 2), Botswana (154,271 DEFINITES plusPROBABLES) holds by far the largest population followed by Zimbabwe (51,141DEFINITES plus PROBABLES, although this latter number needs to be revisedupwards in the light of recent findings). Mozambique, Namibia, South Africa andZambia also hold large elephant populations but data are scanty for Angola. Smallerpopulations persist in Swaziland and Malawi. While numbers seem to be increasingin Botswana, Namibia and South Africa, there appear to be large declines in some ofthe populations in Mozambique and Tanzania. Tanzania with a known elephantrange of 387,538 km² supported an estimated 105,629 elephants (DEFINITES plusPROBABLES) according to the 2012 African Elephant Specialist Group (AfESG) AfricanElephant Database (AED). The vast majority of Eastern Africa’s known elephants arein just two countries, Tanzania and Kenya.Table 2: African elephant numbers in the SADC elephant range states 2013 (Source2013 Africa Analysis-African Elephant Database lePossibleSpeculative80121,18385121,183600Known RangeArea (km²)406,003100,2534

iaSeychellesSouth 7,538201,24676,9301,976,050The AfESG collates all available survey data and works to standardise and improvethe precision of the aerial and ground count methodologies used. Survey costs areinvariably high and are seldom financed by Governments without externalassistance. Thus securing funding for surveys is a perennial challenge, and so therecent announcement of a 7m grant from the Paul G. Allen Foundation to theBotswana-based NGO Elephants Without Borders to implement a series of aerialsurveys across the elephant’s range in partnership with Governments and a numberof other competent NGOs is an important contribution to the overall monitoringeffort. Known as the Pan African Elephant Aerial Survey (PAEAS), this exercisecovered savannah populations throughout much of eastern and southern Africa, aswell as some savannah areas in central and West Africa during 2014.Overall, the species is currently listed as Vulnerable on the IUCN Red List. Anincreasing number of populations are being reduced to critically low numbers as aresult of a range of threats including large scale poaching and the illegal ivory trade.This is confirmed by data derived from two key CITES monitoring programmesnamely, Monitoring the Illegal Killing of Elephants (MIKE) and the Elephant TradeInformation System (ETIS). Other threats include habitat destruction, human-wildlifeconflict and drought. All populations of African elephant have been listed on CITESAppendix I since 1989, except for four national populations that were transferred toAppendix II, namely Botswana, Namibia and Zimbabwe in 1997, and South Africa in2001.1.2.2Status, distribution and numbers of black and white rhinoTwo subspecies of white rhino are recognized: the Southern White Rhino(Ceratotherium simum simum) in southern Africa, and Northern White Rhino (C. s.cottoni), with currently only one confirmed population of four animals of the lattersubspecies residing on a private Kenyan conservancy.The Southern White Rhino is now the most numerous of the rhino taxa, with SouthAfrica ( 19,000) remaining the stronghold for this subspecies despite increasedpoaching. There are smaller reintroduced populations within the historical range ofthe species in Namibia, Botswana, Zimbabwe and Swaziland. Populations of5

Southern White Rhino have also been introduced outside of the known former rangeof the subspecies to Kenya, Uganda and to Zambia (Table 3).The Black Rhino (Diceros bicornis) was the most numerous of the world's rhinospecies but relentless hunting of the species and clearances of land for settlementand agriculture reduced numbers and by 1960 only an estimated 100,000 remained.Between 1960 and 1995, large-scale poaching caused a dramatic 98% collapse innumbers.Three recognized subspecies of Black Rhinoceros now remain, occupying differentareas of eastern and southern Africa. The stronghold for D. b. bicornis is in Namibia and South Africa. Followingtranslocations from Namibia and subsequent population growth, numbers ofthis subspecies are increasing in South Africa with its distribution coveringmore arid areas in the south west of the country, and expanding into theEastern Cape.D. b. michaeli was distributed from southern Sudan, Ethiopia, and Somalia,through Kenya into northern-central Tanzania and Rwanda. Its currentstronghold is Kenya with smaller numbers occurring in northern Tanzania.D. b. minor is believed to have occurred from southern Tanzania throughZambia, Zimbabwe, and Mozambique to the northern, north-western andnorth-eastern parts of South Africa. It also probably occurred in southernDemocratic Republic of the Congo, northern Angola, eastern Botswana,Malawi, and Swaziland. Today, its stronghold is South Africa and to a lesserextent Zimbabwe, with smaller numbers remaining in southern Tanzania. It isprobably now extinct in Angola and Mozambique. The subspecies has alsobeen reintroduced to Botswana, Malawi, Swaziland and Zambia.The latest available data on the status of all rhino species and sub-species extant insouthern Africa today are given in Table 3.Table 3: Numbers of white and black rhinos in southern Africa as of 31 Dec 2012 by1country and subspecies (Source AfRSG adagascarMalawiMauritiusWhite RhinoCeratotheriumsimumC.s.simumSouthern185-Black Rhino Diceros bicornisD.b.bicornisSouth WesternD.b.michaeliEasternD.b.minorSouth CentralTotal BR1---926-1926-6

MozambiqueNamibiaSeychellesSouth 33841028420,0211,750208-681001,9591681,7921

The SADC Law Enforcement and Anti-Poaching Strategy (SADC LEAP) is embedded in the Protocol on Wildlife Conservation and Law Enforcement. The Vision of the Strategy is a SADC Region with thriving populations of wildlife species which are sustainably conserved for present and future generations. Its Mission is to facilitate co-ordination and co .