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W Lao People's Democratic Republic Peace Independence Democratic Uniry Prosperiry Ministry of Natural Resources and Environment NationAl Ivory Action Plan Lao PDR Background Lao PDR ratified the Convention on International Trade in Endangered Species of WiId Fauna and Flora in on May 30'h2004. According to the Law on \Jrildlife and Aquatic Life of Lao PDR (2007) article 40 -ltad.ein Wildlife and Aquatic from husbandry actr'iues shall be practiced as follow: 1. f'he prohibited category of wildlife and aquatic can be traded from the second generation and next generation, the breeding as father and mother from the frst generation not allow to lade, they shail be preserved for breeding ot released into the nature. 2. The managed category of wildlife and aquatic can be traded since from the frst generation and subsequent following generations. The breeding of father and mothers not allow-to trade. They shall be preser-ved for breeding purposes or released back into the nature. 3. 'I'he wildlife and aquatic in the common or general category can be traded as prescribed in the laws and rcgulations. In case rvhen there is a seizure and litigation against the illegal trade of ivory and ivory products, the Department of Forest Inspection (DOFD under the Ministry of Agdcultute and Forestry IrAAF) wrll conflscate, conduct the investigation and send the case to the prosecutor to mzke z decision and punish in accordance with the criminal law of Lao pDR. Under thc Lao National Wrldlife and Aquauc Law (2007), it is considered a cnminal offense to remove, hill or trade in wild Asian elephants. A Resticted Species Category 1, offenders can be punished for three months to fi.ve years of imprisonment, depending o.r1h" offence. No specific mention of ir-ory ftom internattonal locations is mentioned in the Lao National Wildtfe and -dquatrc r 'aw (2007). !7hi1e the poaching of elephants for ivory does sporadically occur in Laos, it is the transit of ivory through Laos that is of greater concern. Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials in Thailand continue tJ interiept large hauls of ivory from Africa and destined for Lao PDR. Shipments are commonly sent throujh intetnational airports with recent seizures intercepted in Thailand and bound for Lao pdR including; 511 ivory!-t:."t from I(enya (April 201,5); 400 kilograms of ivory fiom the DR Congo (April 2015); and 1,300 tusks from DR Congo (July 2015). Smuggling of Afuican ivory into Lals evidently occurs ot. ". latge scale, highlighting the need for gi"^t"r customs engagement and commitment in combating the illegal iyory trade. Lao PDR was identified by CI'I'ES rn Documenr CoP i6 Doc. 53.2.2 (R.ev 1) as a pzrty of. "importance to watch" with regard to monitoring the illegal trade in ivory and other "l"p'hrnt No,....9. ?. 9..9... r*o*3u vientianecapitat,art.,.4A.I-*T*.:i.r..P..9t5

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Page 1: Lao - CITES...Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials

WLao People's Democratic Republic

Peace Independence Democratic Uniry Prosperiry

Ministry of Natural Resources and Environment

NationAl Ivory Action Plan Lao PDRBackground

Lao PDR ratified the Convention on International Trade in Endangered Species of WiId Fauna andFlora in on May 30'h2004.

According to the Law on \Jrildlife and Aquatic Life of Lao PDR (2007) article 40 -ltad.ein Wildlifeand Aquatic from husbandry actr'iues shall be practiced as follow:

1. f'he prohibited category of wildlife and aquatic can be traded from the second generation andnext generation, the breeding as father and mother from the frst generation not allow to lade,they shail be preserved for breeding ot released into the nature.

2. The managed category of wildlife and aquatic can be traded since from the frst generation andsubsequent following generations. The breeding of father and mothers not allow-to trade. Theyshall be preser-ved for breeding purposes or released back into the nature.

3. 'I'he wildlife and aquatic in the common or general category can be traded as prescribed in thelaws and rcgulations.

In case rvhen there is a seizure and litigation against the illegal trade of ivory and ivory products, theDepartment of Forest Inspection (DOFD under the Ministry of Agdcultute and Forestry IrAAF) wrllconflscate, conduct the investigation and send the case to the prosecutor to mzke z decision andpunish in accordance with the criminal law of Lao pDR.

Under thc Lao National Wrldlife and Aquauc Law (2007), it is considered a cnminal offense toremove, hill or trade in wild Asian elephants. A Resticted Species Category 1, offenders can bepunished for three months to fi.ve years of imprisonment, depending o.r1h" offence. No specificmention of ir-ory ftom internattonal locations is mentioned in the Lao National Wildtfe and -dquatrcr 'aw (2007). !7hi1e the poaching of elephants for ivory does sporadically occur in Laos, it is thetransit of ivory through Laos that is of greater concern.

Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway tolarger intcrnational markets, mainly China and Vietnam. Officials in Thailand continue tJ interieptlarge hauls of ivory from Africa and destined for Lao PDR. Shipments are commonly sent throujhintetnational airports with recent seizures intercepted in Thailand and bound for Lao pdRincluding; 511 ivory!-t:."t from I(enya (April 201,5); 400 kilograms of ivory fiom the DR Congo(April 2015); and 1,300 tusks from DR Congo (July 2015). Smuggling of Afuican ivory into Lalsevidently occurs ot.

". latge scale, highlighting the need for gi"^t"r customs engagement and

commitment in combating the illegal iyory trade.

Lao PDR was identified by CI'I'ES rn Documenr CoP i6 Doc. 53.2.2 (R.ev 1) as a pzrty of."importance to watch" with regard to monitoring the illegal trade in ivory and other

"l"p'hrnt

No,....9. ?. 9..9... r*o*3uvientianecapitat,art.,.4A.I-*T*.:i.r..P..9t5

Page 2: Lao - CITES...Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials

specimens. At the 16ft.meeting of the Conference of the Parues to CITES (Cop16, Bangkok, 2013),Decision 16.8 was adopted, to seek clarification on the implementation of CITES and otherprovisions concerning control of tradc rn elephant ivory and ivory markers, and reporr its Frndingsand recommendations at the 65'h meeting of the Standing Committee. The 65'h meeting of tfr"Standing Comrrlittee subsequently reouested Lao PDR to work with the Secretariat and itsconsultants to frnahze the development of a nattonalivory action plan (lrJIAp) n 20"14.The prioriues for Lao PDR to address in its h.ory Action PIan are ro strengrhen law enforcementefforts to prevent illegal trafficlcng of African ivory through Lao PDR, and L enhance prosecutionrates for rvildhfe crimep. A secondary priority is to safegurid th" country's wild elephant populationsfrom poaching and trade.

Action Plan

'I'he Department of Forcst Resource N{anagement is dcsignated Cl'fES Management Aurhoriry ofLa-o PDR 'r'he Department of Forest Inspection is the

^{.n y responsible for the -rn^g"-"nt ofwtldlife and the Ministry of Science and -Iechnology the national CITES Scientific Auirority fortcrrestrial species.

'l'his Natronal h'orT Action Plan has been developed by the Department of Forest ResourceManagement @FRI\{), which is the key coordinifug/knpt"menting agency of the plan. TheNatronal Ivory Actio' Plan was de'eloped in conjunction with sJ.eri'r ,ruaorr^r ageincies anddepartments rncluding the Department of Forest Inspectron poFD under the llinist ry ofAgricultute and Foresq' CMAF), Department of Import and Export under the Ministry of Industryand Commerce(N4OIC), Department of Customs under the Ministry of Frnance (VIoF), theDepartment of Environmental Police and Department of International Police under th" tvtirrirt y ofSecurity', Department of Interior Defense from Minisrty of Nauonal Defense and the court, *hi.hcame together in three consultation workshops culminating rn July 201,5. The NIAp has beencndorscd and approved by MONRE.

T'hrs Acuon Plan broadly follows the subject areas ('piilars") of the International Consortium onCombating Wildlife Crime's Wildlife and Forest Crh; Analytic Toolkit in the development of thisplan' It is therefore broken down into the following categories,

o Legislation

- Currentll, the registration 3{.clephants and ivory (including the registration of general wildtife)

shall follow thc law on wildlifc and aquatic life of Lao PbR, article 23: the registr^tion undreport on the list of wildlife and aquatic life by entrepreneurs: Individuals and orgiruzattons thathave ivoY and normal wildlife in possession sirull inform the forestry Jfficers/DistrictAgriculture and Forestry offrce (DAFO) providing that it needs to prepare correct andcornplete document as deteffnined in the law on wildlife and aquatic lif. eipecially the piece ofivory and wildlife. Currently, the registration of ivory in Lao PDit totally inciudes 5t0 .leph^rrtr.For this, the Dcpartment of Livcstock and Fishery under MAF is resptnsible for the listing ofclcphants by unplant a micro-chip into each elephant.

- DOFI will conduct thc litigatigl agaln:t people who violate the Iaw on wildlife and aquatic lifeof Lao PDR acmtding to article 70: Measuie for the fine: if the loss has a value of at least?00,000 Kip, the nne witt be double the value. In the case of the second violation or becoming aroutine violation, the fine will be triple and the asset that ,comes from illegal activiry *il1

-b"

confiscated and transfetred to be the gove-rnment asset. In article 77: Crliinal measure: theYiolator rvill be litigated and punished tI be in the jarl at least 3 to 5 monrhs depending on the

Page 3: Lao - CITES...Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials

serious of the case and the fine will be according to article 70 of the law on the wildlife andaquatic life of Lao PDR rncluding the payment for the los in ,"rr.r. oi.irif'.frrrg".

- In additlon, exchange of information and cooperation with South Afuica started in the end of2012. South Africa has the intention to have teihnical cooperarion with Lao pDR. South Africarvould like to ,q 1" MOLr concerning the exchange of information on the illegal rade ofrvildlife between MONRE of Lao PDR and the MONRE of South Aftica. A delefation fromLao PDR was im'ited.to exchangc lcssons on the trade of wiidlife in South Africz i lrrty ZOtl.Up untrl now' there is no signed MOU. At the same time, in October 2013, a consrrltationmeeting on rllegaltrade of rhinoceros and elephants'ivory took place in I(enya.

- 'Ihe ivory registration necds to foilow the law on wildlife and aquauc lifc. DFRM is developingthe "dtaft" of the regulation to man ge wrldlife and aquatic life in Lao pDR currently so that iican be a tool to manage and protect wildlife in Lao pDR.

o Enforcement

\Weakness in combaung the rliegal ivory trade currently occur at international checkpoints, customcleatance, national highways and transit routes, businesses and individuals participating in the trade.As such, the Lao PDR NIAP needs a united, cross-agency approach ,o .or,,b^ring th" Il.gal trade inlvor):.

Ihernain agency responsible for law enforcement against violators e.g. illegal trade in wild species isthe Department of Forest Inspection poFD under the Ministry of Algriciture and Forestry (MAF)with a LAO-!7EN ad-hoc team which come from many relevant seitions and different leyels. Intwo provmces, namely LuangNamtha and Bolikhamxay, ih" provinciai goverflor aheady establishedprovincral \)rENs. At province level, the Provincial Office of Foresi Inspection gOFI) is theIeadrng agenc)r, horvever, it lacks equipment for the inspectron and for analyzngdifierent species,modern communi.cation equipment, insufficient vehicles and lack of staffing. '

o Strengthening cooperation and sharing information

Lao PDR will take stePs to incrcasc inter-agency and transboundary cooperation for investigaungand prosecuting cases of wildlife crime, and ensure Customs and border conuol agencies are welltrained and equipped to detect wildlife traffickrng.

Lao PDR will ensure regular and comprehensive reporting to the CIT'ES Secretariat on theimplementatjon of the National h'orl Action Plan (iviAP) and provide regtriar reports on ivoryseizures and cases.

Furthermore' we will investigatc and develop mechanisms through which we can rncrease thesharing of informatron related tb rvildlife crimes, ro support intelilgence-led enforcement acti.on.Communication will be enhanced through other relevanr

"gencies and mechanisms such asIN'IERPOL, \)7CO, and ASEAN.

Every year,btlzteral meeting between Lao PDR and Thailand and Vietnam are conducted. There is achange of hosting the meeting fot discussjng "ld exchanging informadon ,"a ,n. *";;; ;^jj;;;

issue concerning the resistance and intetcept of illegal *iIarfr" trad. along ,6" iora., At the same

ff^ll.jr""h year, th6 forestry officers of Lao PDR-also participated - ;-d on investigation inI nailand.

o Judiciary and prosecutions

Page 4: Lao - CITES...Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials

'fhere is a need in Lao PDR to enhance the awareness of the judiciary and prosecutors of theseriousness of wildlife crime, and to increase the capacity of law enforcement agencies to gatherevidencc, investigate and prepare cases of wildlife crime for the court.

o Prevention and Awareness

Lao PDR does not have a significant domestic market for the consumption of ivory of African orAsian oiigin, although it is accepted that some illicit markets exist. Monitoring of these markets willincrcasc on a regular MsiS, with appropriatc reporung on findings

Currently, DOFI plans to implemcnt the inspecuon activities and awareness creation for people andentrepreneurs in markets, hotels and restaurants so that they can see the significance of wildlife forthe natural ecosystem and the participauon to take a lead in not eating and liunting wildiife includingnot illegally trade wildlife and hence support the protection and pievention from illegal tr^de oTwildlife in Lao PDR. It is partly funded Uy I.ENS 2-project for the insp.ction of the wildlife trade ina number of places throughout the country especially in critical

"r"", ^rrd international borders.

o Management of Stockpiles

Lao PDR will establish appropriate procedures for the management of ivory serzures, including thedevelopment and mmnt"nun." of a national database, processes for registering and in..rrtoiringivory seizures and managing a centrabzed ivory stockpile securely.

o Capacity Analysis and Development

Lastly, rvc will cxplore the possibrhry- of implementing the ICCWC Wildlife and Forest AnalyticToolkit in Lao PDR, or other similar framework, to conduct a review of Lao PDR's legislation, iawenforcement, judiciary and prosecution, drivers and preventi.on, dataandanalysis, to t"t"p r,..ng,Lr"r,Lao PDR's response to wildlife crime.

Expenditure

DOFI and DFRM will work with technicalAction PIan. We have highlighted actrons incontingent on securing additional funding.

Monitoring and evaluation

partners in order to implement the National Ivorythe Ivory Action Plan for which completion will be

The implementation of the National Ivory Action Plan wdl be monitored by DFRM to ensuteactivities are implemented as planned and within the timeframe provided, Lao pDR wi1l aim tocomply with the reporting requilements as requested by CITES Sta;ding Committee.

(The detail of Lao National lvory Action Plan 201 5-2016 is attached below)

Page 5: Lao - CITES...Laos is not a destination point fot the smuggling of ivory, but has been identified as a gateway to larger intcrnational markets, mainly China and Vietnam. Officials

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