country report 1st asean-wen 22-25 may 06

8/14/2019 Country Report 1st Asean-wen 22-25 May 06

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COUNTRY PRESENTATION/PAPER TO THE 1ST MEETING OFTHE ASEAN WILDLIFE ENFORCEMENT NETWORK (ASEAN-WEN)

22 – 25 MAY 2006, THAILAND.

(BRUNEI DARUSSALAM)

Jomari bin Haji Ahmad 1

Haji Shahrill bin Haji Shahbudin

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Mohd Haruni Thamrin bin Haji Julaihi 3 Haji Seruji bin Tumin 4

Introduction

Brunei Darussalam “Abode of Peace” is situated on the north-western coast ofthe island of Borneo in Southeast Asia. The sultanate has a total land area of5,765 sq. kilometers and a coastline measuring 161 km along the South ChinaSea, its northern border. The Malaysian state of Sarawak bordering its other

sides.

The eastern part of Brunei is the Temburong district, famous for its pristinerainforests and its natural habitats, and is separated from the rest of Brunei byLimbang of Sarawak. Western Brunei, where three districts – Brunei-Muara,Tutong and Belait are located composes mainly of lowlands and swampy plains,and hill ranges to the south-watersheds to some of the biggest rivers in thecountry. The area is also home to the major economic and administrative hubsof the country, as well as the bulk of its population.

The total population of Brunei Darussalam in 2004 is estimated at 357,800 and is

growing at a average of 2.3% per annum. Bandar Seri Begawan is the capital ofBrunei Darussalam, located in Brunei-Muara district, it is the Centre ofGovernment and business activities.

Implementation On The Enforcement Of Illegal Wildlife Trade In BruneiDarussalam

Since the inception of Brunei Darusssalam as a party to the Convention of IllegalTrade of Endangered Species (CITES) in 1990, there has been severaldevelopment in term of implementation, administration as well as management.

One of the most recent development was the handing over of Brunei CITESManagement Authority from Museums Department to the Department ofAgriculture which officially handed on the 30th of August 2005.

1. Senior Agriculture Officer, representing The Secretariat of CITES Management Authority, Department of Agriculture,Ministry of Industry and Primary Resources.

2. Deputy Director of Forestry, representing The Chairman of the CITES Scientific Authority, Forestry Department,Ministry of Industry and Primary Resources.

3. Superintendent of Royal Brunei Police Force, Prime Minister Office.4. Assistant Superintendent of Customs, Royal Customs & Excise Department, Ministry of Finance.



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The changes was made in respond to the advice from the Attorney GeneralOffice in consideration with the role and responsibilities of Department ofAgriculture on the issuance of import and export permits of plants and animalsand their products.

In addition to that, the appointment of Department of Agriculture as the BruneiManagement Authority for CITES was corresponding to the draft NationalLegislation entitled Wild Fauna and Flora Order, 2005 which is currently at itsfinal draft. Although Brunei Darussalam’s National legislation is still being placedin Category 3, it has try its best to fulfil its obligation under the convention withthe assistance from the CITES Secretariat.

Brunei Darussalam has submitted its national Legislation within the time framerequired. After receiving the comments from the CITES Secretariat BruneiDarussalam has taken every efforts to achieve category 1 Status. From Brunei

Darussalam perspective we feel that we want a legislation that is practicable andenforceable. At this time Brunei Darussalam has been able to prosecute anyonewho contravenes the Convention by using its existing legislation namely theCustoms Act, The Wild Life Protection Act, Forestry Act and Fisheries Act.

In an effort to fulfill the obligation under the convention, the Department ofAgriculture as the Management Authority in cooperation with other relevantgovernment agencies has adapted national interagency cooperation that hasbeen established by the previous Management Authority to effectively respond toissues related to management as well as enforcement of illegal wildlife trade inthe country.

The Management Authority chaired by Department of Agriculture are wellrepresented with it’s member comprising of Forestry Department, FisheryDepartment, Museums Department, Royal Brunei Customs and ExciseDepartment, Royal Brunei Police Force, Municipal Board, Districts Office,Ministry of Home Affair and Department of Attorney General of the Prime MinisterOffice.

Corresponding to the National Management Authority, Scientific Authority wasalso formed as a Technical and Scientific advisory committee with its mainresponsibilities to review and update The Checklist of CITES species andreporting of any finding detrimental to the survival of wildlife species.The Scientific Authority chaired by the Forestry Department consists of twocommittees, the Animals and Plants Committee, which comprises of Forestry,Fishery, Agriculture and Museums Department as its committee members.



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Both the Management and Scientific Authority will meet quarterly or wheneverthe need arise to discuss on matters pertaining to national, regional as well asinternational CITES issues. Following is the structure of the CITES Managementand Scientific Authority of Brunei Darussalam.

MANAGEMENT AUTHORITY

CHAIRMANDirector of Agriculture

Ministry Of Industry and Primary Resources

SECRETARIAT(Desk Officers)

MEMBERSDirector of ForestryDirector of Fishery

Museums DepartmentAttorney General

Royal Brunei Customs & ExciseRoyal Brunei Police Force

Chairman of Municipal BoardDistricts Officer

SCIENTIFIC AUTHORITY

CHAIRMANDirector of Forestry

Ministry of Industry and Primary Resources

SECRETARIAT

MEMBERS

ANIMALS COMMITTEEForestry DepartmentFishery Department

Agriculture DepartmentMuseums Department

PLANTS COMMITTEEForestry Department

Agriculture DepartmentMuseums Department



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Interagency Enforcement of CITES

The interagency cooperation in combating any criminal acts has long beenpracticed in Brunei Darussalam. Such interagency cooperation was welldemonstrated at all the entry checkpoints whereby the personnel’s from relevantenforcement agencies are stationed to regulate and prevent any violation of thelaws on illegal trade. There are eight official entry points for import and export of

plants and animals and its products. The location of the checkpoints are:-

DISTRICT LOCATION ROUTE

INTERNATIONALAIRPORT

AIR

MUARA PORT SEA

FERRY TERMINALSERASA

SEA

KUALA LURAH LAND

BRUNEI-MUARA

PUTAT SEA

BELAIT SUNGAI TUJOH LAND

IMMGRATION LABU LANDTEMBURONG

IMMIGRATION PUNI LAND

Of all the enforcement agencies, the Royal Brunei Police Force is the leading lawenforcement agency in Brunei Darussalam. It is also tasked with the protectionof the waters and borders of the country to ensure legitimate economic activitiesare not disrupted by illegal acts of individual or entities and to curb any illegalacts such as smuggling that can be carried out across the border.



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Due to vastness of the border that Brunei shares with the neighboring states onthe island of Borneo, a coordinated and concerted effort had been adopted bythe Royal Brunei Police Force to police and monitor activities that take place.Other relevant law enforcement agency or agencies who are primarily taskedwith the implementation and enforcement of certain laws pertaining to the

properties found in the jungles of Brunei such as plants and animals areincorporated in these strategies with a view to provide a wide protection andenforcement. Towards this end there is a network in place where meeting wouldbe conducted with a view to find an effective mode of communication, contactperson and to conduct joint operation between these agencies.

Smuggling of endangered animal and plant species can be done not only throughthe exit and entry points but also along the porous borders of Brunei Darussalamand also through the waterways. The smuggling can be motivated by pureeconomic consideration i.e for sale or for consumption purposes. And it alsonoted that not only live animals are smuggled but also dead ones whoseproperties such as meat, skin, furs, bones etc. are used as “medicinal” and otherpurposes to practitioners and believers.

Due to logistical constrains, the police play an active role in enforcing the law andprotecting the endangered animals and plants from being exploited forcommercial gains or consumption. In this regards there is a coordinated andsystematic line of communication between the Royal Brunei Police Force and therelevant agencies.

The Royal Brunei Police Force’s expertise is well recognized in Brunei becausenot only it is well versed with the detection of smuggling activities across theborders but also because of its intelligence networking with its counterpartsregionally and internationally. This avenue can be used widely to channelintelligence, intelligence sharing and report and because of the recognizedcontact points that were established, assistance can be requested in a relativelyshort period.

To date, the Royal Brunei Police Force has not encountered any illegal activitiesconcerning endangered/protected animal’s species. This may be attributed tothe severe sentences that can be meted out by the courts as provided under therelevant laws. An example is the imposition of sentence of imprisonment forthose who have committed offences of illegal logging and illegal collection ofscented woods. This has served as an effective deterrent.



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Second most important enforcement agency in the prevention of illegal wildlifetrade was the Royal Customs and Excise Department, Ministry of Finance. Thisagency is regarded as the front liner in processing and inspection of importationor exportation of item that are control by law and regulation of severalgovernment departments.

Royal Brunei Customs and Excise, as stipulated in Section 28 of Customs Act(The Power of His Majesty The Sultan of Brunei Darussalam to stop theimportation and exportation of goods) are entrusted to tasked the followingduties.

To implement imported good duty revenue. To enforce customs legislation 1984 and regulations. As a coordinating agency to other department in controlling the prohibited

and restricted goods. To facilitate the industries in order to encourage the flow of business

activities and develop the country economy. International Trade Security.

Forestry Department through it’s Forestry Acts is responsible to monitor andregulate any activities related to hunting, logging and harvesting of wild faunaand flora. The Forest Rangers in cooperation with other enforcement agencysuch as Royal Brunei Police Force will conduct joint operation to curb any illegalacts that violates the laws. They reported a total of 91 offenders were arrestedsince the year 2000 in violation with the forestry act involving illegal logging.Report of Statistic Lost of Forest Revenue from Illegal Logging (Timber,Aquailaria spp and Mangrove) from the year 2000-2006 amounting a total lost ofB$3,087,468.09.



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The lost of forest revenues according to species, number of arrest, and thevalues incurred during the period from 2000-2006 from illegal logging as reportedby the forest ranger of Forestry Department are showns below:-

STATISTIC LOST OF FOREST REVENUEILLEGAL LOGGING (TIMBER, AQUAILARIA SPP AND MANGROVE )

YEAR 2000-2006

NO YEAR APPROX. LOST OF TIMBER B$ NO. OF ARREST1 2000 $695,613,76 2 OFFENDERS2 2001 $195,818.33 -3 2002 $603,901.33 -4 2003 $ - -5 2004 $93,721.47 -6 2005 $839,709.28 2 OFFENDERS7 2006 $169,495.28 -

TOTAL : $2,598,259.45 4 OFFENDERSNO YEAR APPROX. LOST OF AQUAILARIA

SPP (TIMBER) AND OTHERS B$NO. OF ARREST

1 2000 $58,773.09 13 OFFENDERS2 2001 $161,173.04 22 OFFENDERS3 2002 $119,929.37 11 OFFENDERS4 2003 $74,043.82 16 OFFENDERS5 2004 $27,646.62 7 OFFENDERS6 2005 $22,655.04 13 OFFENDERS7 2006 $2,130.48 -

TOTAL : $466,351.46 82 OFFENDERSNO YEAR COMPOUND OF OFFENCE

(MANGROVE) B$NO. OF ARREST

1 2000 $992.50 -2 2001 $212.50 -3 2002 $ - -4 2003 $2,249.30 -5 2004 $500.00 5 OFFENDERS6 2005 $400.00 -7 2006 $18,502.88 -

TOTAL : $22,857.18 5 OFFENDERS

TOTAL : $3,087,468.09 91 OFFENDERS

Initiator by:Hj Rusli bin Hj Mahali 18

thMac 2006M/18 Safar 1427H

Forest RangerUnit Protap Sallmbada and Rondaan Senagara

Forestry Department

The Department of Agriculture as Management Authority was on the other handresponsible in making sure that all plants and animals imported into and exportedout of Brunei Darussalam were process according to CITES regulation beforeCITES permits are issued. Depending on the nature of products to be importedor exported and the documents accompanying it, the application of CITESpermits will be process in close consultation with other relevant agencies in areato prevent violation of the convention.



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Fishery Department task was to monitor and regulate fishing activities that coulddisrupted the sustainability of marine and aquatic species. As an agencyresponsible in issuing license for any activities related to commercial fishing thisagency was also actively conducted conservation programs to protect marinespecies from extinction as well as the marine ecosystem.

While Museums Department, the previous Management Authority was theagency responsible for the implementation of wildlife act covering protection andconservation of wild animals species found in Brunei Darussalam. Workingclosely with the Forestry Department, Fishery Department and other enforcementagencies its main task was to provide a checklist of animals species that werefound to be threatened due to illegal hunting. In the past the MuseumsDepartment as part of their public awareness programme would hold talks withtraders and people in the remote villages as well as the school students aboutwildlife protection and animals and plants listed protected under CITES.

Conclusion

From illegal trade of wildlife point of view either at national or international, theabove mentioned agencies did in one hand or the other directly involved inprevention and enforcement of illegal trade of wildlife. Brunei Darussalam beinga small kingdom with strong economic and political stability that adaptedtransparency and coherence working policy among the government agenciesand with good communication system in place has the advantages to performbetter interagency cooperation in preventing illegal trade of wildlife.

However the existing national interagency cooperation need to be strengthen inorder to respond effectively to the global issue of organised crime on illegalwildlife trade. On this regard, it is recommended that to further enhance thepreventive initiatives, the following need to be considered not only within local

jurisdiction but with other foreign agencies who have vast experiences and knowhow in areas related to:-

Intelligence sharing. Sharing of know how/best practices. Setting up of a database on smuggling of endangered plant and animal

species. Training (capacity building). Contact persons. Regular meetings. Public awareness campaigns. Socialization of the laws.



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As stated by H. E Mr.Yongyut Tiyapairat, Minister of Natural Resources andEnvironment in his closing remark at The Special Meeting of ASEAN Ministersresponsible for the Implementation of CITES that the key to the success ofASEAN-WEN would be interagency collaboration at the National level, and

cross-border cooperation at the International level.

Thus, Brunei Darussalam participation in previous meetings corresponding to thismeeting and with the present of two most important enforcement agencies thepolice and customs officers shows our strong commitment toward the realisationof better regional cooperation to curb illegal trade of wildlife in this region.

We will continue within our capacity to support the implementation of regionalprograms that will be scheduled under ASEAN-WEN in due course to strengthenthe regional cooperation as to better reduce wildlife crime until it is no longerserious problem for Southeast Asia.

Lastly on behalf of CITES Management Authority and Brunei’s delegations in thismeeting, I would like to extent our gratitude and appreciation to the NationalPark, Wildlife and Plant Conservation Department, Ministry of Natural Resourcesand Environment, Thailand for their concerted effort in hosting and excellentarrangement necessary to organise this important meeting.

THANK YOU

country report 1st asean-wen 22-25 may 06

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