Target crime kingpins to halt wildlife kill

Importance of wildlife to African culture and economy cannot be overlooked

Africa is home to a large percentage of the world's remaining wildlife. Africa is also home to some of the most endangered species in the world.

Wildlife crime has become a major threat to the survival of iconic wildlife species in Africa. By the beginning of September, Kenya had reported at least 116 poached elephants and 56 poached rhinos in 2014. In South Africa, approximately 1,200 rhino deaths were reported, while the recorded number of arrests in relation to rhino deaths totaled around 350. The organization created by the Convention on International Trade in Endangered Species of Wild Fauna and Flora reports that unprecedented volumes of ivory from Africa are crossing into Kenya and exiting through the port of Mombasa.

Many scientists and conservationists believe we are now losing four elephants per hour, about 100 elephants per day. Elephant populations are taking a beating and we are now seeing the highest levels of poaching and trafficking in ivory since the international ivory trade ban was passed in 1989.

This dire situation has been brought about by several circumstances: First, the legislative structures that govern wildlife conservation in most African countries do not prescribe penalties severe enough to act as deterrents to would-be poachers. Most perpetrators get away with minimal fines. These fines become an acceptable cost of doing business for smugglers. Second, the law is not designed to target the masterminds behind the crimes but only the actual killers of wildlife, the people at the bottom of the chain. Third, most wildlife enforcement agencies do not use additional, related legislation to prosecute wildlife crime perpetrators.

Organized crime is increasingly involved in wildlife trade, with links to international crimes such as drugs and human trafficking, as well as terrorism, according to TRAFFIC, a wildlife-trade monitoring network. Most of these dealers and authors of wildlife crimes, because of their sophistication and probable involvement in other organized crimes, ensure that they are far removed from the actual poaching of wildlife in a bid to escape prosecution. In East Africa, the trafficking of ivory has been linked to the al-Shabab terrorist group, which took responsibility for the Nairobi Westgate shopping mall terrorist attack in September 2013 that killed at least 67, including four attackers.

Traditionally, environmental offenses have been viewed as lesser crimes compared with other felonies such as murder or rape. However, with the proven linkages to human trafficking, drug trafficking and even terrorism, it is increasingly becoming critical that African governments treat wildlife crime with the same severity as they would other crimes that are traditionally considered more serious.

With many countries depending on wildlife-based tourism as a significant contributor to GDP, the conservation of this heritage bears a direct fiscal link to those countries' economic well-being. The place and importance of wildlife in most African cultures and traditions also cannot be overlooked. Law can thus be used as a tool to ensure that the benefits that can accrue from wildlife are realized and with that, people's security and livelihoods are secured.

There is a need to initiate far-reaching reforms to address wildlife trafficking, including new legislation with severe penalties, the creation of specialized wildlife crime prosecution units and the development of standard operating procedures for the prosecution of crime bosses. Additionally, the formulation of regional strategies to combat illegal wildlife trade will go a long way toward addressing transnational wildlife crime.

Finally, the place of civil society must be emphasized. Organizations such as WildlifeDirect - a Kenyan NGO and US-registered nonprofit credited with reducing the slaughter of Kenyan elephants - have a huge role to play in ensuring that governments are addressing the need to improve the law and policies at both the national and international level. Civil society organizations can be instrumental in ensuring that corruption, as an enabler of illegal wildlife trade, is eliminated.

The author is advocate of the High Court of Kenya and legal manager at WildlifeDirect. The views do not necessarily reflect those of China Daily.

(China Daily Africa Weekly 03/20/2015 page10)