INTERNATIONAL WILDLIFE TRADE AND ITS IMPACT ON

BIODIVERSITY IN DEVELOPING COUNTRIES: A CRITICAL

ANALYSIS OF THE LEGAL FRAMEWORK AT
INTERNATIONAL AND NATIONAL LEVEL

SUBMITTED TO:
DR. KAUMUDHI CHALLA
ASSISTANT PROFESSOR
SUBJECT: ENVIRONMENT AND GLOBAL ISSUES

SUBMITTED BY:
KUMAR SPANDAN
ROLL NO. – 19, LL.M - TRIMESTER III

HIDAYATULLAH NATIONAL LAW UNIVERSITY,

NAYA RAIPUR, C.G.
DECLARATION

I, Kumar Spandan, student of LL.M. 3rd Trimester of Hidayatullah National Law University,

Raipur hereby declare that the project work entitled “International Wildlife Trade and Its

Impact On Biodiversity in Developing Countries: A Critical Analysis of the Legal

Framework at International and National Level” submitted to the Hidayatullah National

Law University, Raipur is a record of an original work done by me under the guidance of Dr.

Kaumudhi Challa, faculty Hidayatullah National Law University, Raipur. In the process of

making it I have referred certain books and articles from internet sources. It would not have

been possible to complete my project as a student without the help of such materials.

DATE: (Kumar Spandan)

Roll No - 19

i
CERTIFICATE

This is to certify that the project entitled “International Wildlife Trade and Its Impact On
Biodiversity in Developing Countries: A Critical Analysis of the Legal Framework at
International and National Level” submitted by Kumar Spandan is a record of the student’s
own work carried out by him under my supervision. The matter embodied in this project is
original and has not been submitted for the award of any other degree.

DATE: (Dr Kaumudhi Challa)

Asst. Professor

ii
ACKNOWLEDGEMENT

I would like to take this opportunity to express my profound, greatest indebtedness and
gratitude and my sincerest of thanks to Dr. Kaumudhi Challa, Asst. Prof. in Law at
Hidayatullah National Law University, Raipur, for her valuable guidance, sound and strong
advices and for her cordial attitude during the course of my studies and in making this paper
possible. I do not hesitate to say that it was under her expert supervision which helped in
shaping this project and making it possible. It is through her patient guidance that I have been
able to accomplish my task.

I would also like to express my deepest thanks to the library staff for their constant cooperation
and providing me with the books and other materials as and when required for this research
paper.

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TABLE OF CONTENTS
DECLARATION...................................................................................................................... I

CERTIFICATE ....................................................................................................................... II

ACKNOWLEDGEMENT .................................................................................................... III

TABLE OF CONTENTS ..................................................................................................... IV

1 INTRODUCTION AND RESEARCH METHODOLOGY......................................... 1

1.1 STATEMENT OF PROBLEMS ............................................................................................. 2

1.2 RATIONALE ..................................................................................................................... 2
1.3 OBJECTIVES .................................................................................................................... 2
1.4 LITERATURE REVIEW ...................................................................................................... 3
1.5 HYPOTHESIS.................................................................................................................... 4
1.6 RESEARCH DESIGN ......................................................................................................... 4
1.6.1 Nature and Type of Research................................................................................. 4
1.6.2 Sources of Data ...................................................................................................... 4
1.7 CHAPTERISATION ............................................................................................................ 4
1.8 TIME SCHEDULE ............................................................................................................. 5
1.9 LIMITATIONS OF STUDY .................................................................................................. 5

2 INTERNATIONAL WILDLIFE TRADE: CAUSES AND EFFECTS ...................... 6

2.1 CAUSES ........................................................................................................................... 6

2.1.1 High Demand ......................................................................................................... 6
2.1.2 High Profit Margin ................................................................................................ 8
2.1.3 Inadequate Protection............................................................................................ 8
2.2 EFFECTS .......................................................................................................................... 9

3 REGULATION AT INTERNATIONAL AND REGIONAL LEVEL ..................... 11

3.1 THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD

FAUNA AND FLORA (CITES) ................................................................................................ 11
3.2 INTERNATIONAL CONSORTIUM ON COMBATING WILDLIFE CRIME (ICCWC) ............... 12
3.3 TRAFFIC, THE WILDLIFE TRADE MONITORING NETWORK ......................................... 14
3.4 ASEAN WILDLIFE ENFORCEMENT NETWORK (ASEAN–WEN) .................................. 14
3.4.1 Aims and Objectives............................................................................................. 15

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 3.4.2 Progress in Wildlife Law Enforcement ................................................................ 15

4 REGULATION AT DOMESTIC LEVEL IN DEVELOPING COUNTRIES ........ 17

4.1 INDIA ............................................................................................................................ 17

4.1.1 Wildlife Laws in India:......................................................................................... 17
4.1.1.1 Constitution of India .................................................................................... 17
4.1.1.2 Wildlife (Protection) Act, 1972 ................................................................... 18
4.1.1.3 Biological Diversity Act, 2002 .................................................................... 18
4.1.1.4 Foreign Trade (Development and Regulation) Act, 1992 ........................... 18
4.2 THAILAND ..................................................................................................................... 19
4.2.1 Wildlife Laws in Thailand .................................................................................... 19
4.3 KENYA .......................................................................................................................... 20

CONCLUSION ...................................................................................................................... 22

BIBLIOGRAPHY .................................................................................................................. 24

PRIMARY SOURCES ............................................................................................................... 24

Indian Statutes ................................................................................................................. 24
Thailand Statutes ............................................................................................................. 24
Kenya Statutes.................................................................................................................. 24
SECONDARY SOURCES .......................................................................................................... 24
Books ................................................................................................................................ 24
Articles ............................................................................................................................. 24

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1 INTRODUCTION AND RESEARCH METHODOLOGY
The world is dealing with an unprecedented spike in illegal wildlife trade, threatening to
overturn decades of conservation gains. In spite of decades of conservation efforts aimed at
protecting critical habitats and specific species, some of the world’s most recognizable and
treasured wildlife are quickly careering toward extinction.

Wildlife crime is a big business. Run by dangerous international networks, wildlife and
animal parts are trafficked much like illegal drugs and arms. Recent years have seen a spike in
the scale of wildlife crime and a change in the nature of this illicit activity. Wildlife crime is
becoming increasingly transnational and organized, with illegal traders making use of
sophisticated mechanisms to illicitly trade in wildlife and forest products. Wildlife crime has
become a serious threat to the security, political stability, economy, natural resources and
cultural heritage of many countries and regions. It is increasingly recognized as a serious crime,
against which States must deploy the same techniques used to combat other serious crimes.

Some examples of illegal wildlife trade are well known, such as poaching of elephants for
ivory and tigers for their skins and bones. However, countless other species are similarly
overexploited, from marine turtles to timber trees. Not all wildlife trade is illegal. Wild plants
and animals from tens of thousands of species are caught or harvested from the wild and then
sold legitimately as food, pets, ornamental plants, leather, tourist ornaments and medicine.
Wildlife trade escalates into a crisis when an increasing proportion is illegal and
unsustainable—directly threatening the survival of many species in the wild. Whenever people
sell or exchange wild animal and plant resources, this is wildlife trade. It can involve live
animals and plants or all kinds of wild animal and plant products. Illegal wildlife trade in many
parts of the world has been increasing in recent years. Live and dead animals have been shifted
from continent to continent and from one country through many countries. Illegal wildlife trade
has been viewed as a big business black market.

The global trade in illegal wildlife is a multi-billion-dollar industry that threatens

biodiversity and acts as a potential avenue for invasive species and disease spread. Despite the
broad-sweeping implications of illegal wildlife sales, scientists have yet to describe the scope
and scale of the trade.

1
1.1 STATEMENT OF PROBLEMS
The global illicit trade in exotic animals and animal products inflicts harm on developing
countries in a variety of ways. The most obvious effects of the trade are reflected in global
biodiversity. The number of African elephants plummeted from 1.2 million in the 1970’s to
less than 500,000 today. 1 The tiger population in India, historically home to over half the
world’s tigers, has halved from 3,642 in 2002 to 1,411 in 2008; and ninety percent of the global
rhino population has been wiped out by illegal trafficking since 1970, leaving only 16,000
today. In 2011, 80% of Asia’s freshwater turtle and tortoise species were said to be at risk of
extinction by conservation experts. The use of tiger parts for traditional medicine is thought to
have contributed to a 95 percent drop in wild tiger numbers in the last century alone. Most
recent figures now suggest that there could be fewer than 3,200 tigers left in the wild. The
African elephant population has been cut in half since the 1970s due to ivory poaching. It is
estimated that the African elephant will be extinct in the next 10 years if this does not stop.
Furthermore, there is a strong argument to be made that this ecological damage, while tragic
and morally reprehensible, is trumped by the economic and structural damage imposed on
already weak developing states.

1.2 RATIONALE
The consequences of wildlife trafficking are varied and extend well beyond direct
impacts. Illegal trade in wildlife, coupled with the cutting of forests, draining of wetlands, and
contamination of coral reefs have indeed pushed some species to the brink of extinction.
Experts widely acknowledge the causal links between wildlife trafficking and declining
biodiversity. Less well known are the economic, social, and public health impacts. Physical
contact between humans and infected wildlife can cause transfer of diseases such as the Ebola
virus, which is known to infect lowland gorillas and chimpanzees. Illegal trade in wildlife also
lowers the economic value of legally traded wildlife, contributes to poverty, impairs sustainable
development, and undermines the rule of law.

1.3 OBJECTIVES
The objectives of this research are the following:

1
“Wildlife Trade: Elephant Ivory Trade,” World Wildlife Fund, accessed October 7, 2010,
http://www.worldwildlife.org/what/globalmarkets/
wildlifetrade/faqs-elephant.html.

2
  To determine the causes and effects of International wildlife trade.
 To analyse the international and regional legal frameworks for the regulation of
international wildlife trade.
 To analyse the domestic legal frameworks of various developing nations.

1.4 LITERATURE REVIEW

Akella, Anita Sundari and Crawford Allan, ‘Dismantling Wildlife Crime’, TRAFFIC
(2012): This report looks at ways to reduce wildlife crime. With an impact that reaches beyond
environmental concerns, wildlife crime in a globalized world threatens national and
international security owing to the involvement of transnational organized crime groups and
armed non-state actors, according to an article cited in this report.85 The authors state that there
needs to be increased awareness from governments in order to formulate strategies and
overcome the challenges of wildlife crime.

Elliott, Lorraine, ‘Fighting Transnational Environmental Crime’, Journal of International

Affairs, Vol. 66, No. 1 (Fall/Winter 2012): This article takes a broader examination of
transnational environmental crime (TEC). Elliott notes that high profits and low risk make this
crime attractive to organized criminal gangs, who engage in transnational schemes involving
multiple participants and criminal nodes, enabling bulk consignments of illegal wildlife
products to be moved across borders. Janjaweed operating in Chad and Somali armed groups
in Kenya are mentioned in connection with the increase in elephant poaching across East and
Central Africa, although the role of these groups in the international illegal wildlife trade is not
discussed.

Haken, Jeremy, ‘Transnational Crime in the Developing World’, Global Financial

Integrity (February 2011): This report analyses the scale and impact of various forms of
transnational crime, including the illegal wildlife trade. Developing countries – the biggest
source of animals that are poached and trafficked – feel the economic and biodiversity losses
the most. Lucrative animal products include ivory, tiger bone and rhino horn, that are crafted
into consumer goods. Haken notes that smuggling these products can be complex and
expensive, but high profits can be made once wildlife goods have reached consumer countries.
Militia groups have used these profits to fund military operations across Africa, including
Janjaweed militia accused of slaughtering elephants in Chad, and Somali warlords involved in
illegal elephant and rhino poaching.

3
Katherine Lawson and Alex Vines, ‘Global Impacts of the Illegal Wildlife Trade’, The
Royal Institute of International Affairs (February 2014): This report analyses the global
impacts of the illegal wildlife trade, investigating links between the illicit trade in wildlife
products and the erosion of national institutions in affected countries, national and transnational
security threats and the role of armed non-state actors in civil conflict. Elephants and rhinoceros
are most prominent among the animals being killed to feed rising demand for their tusks and
horns across the world.

1.5 HYPOTHESIS
As long as buyers are willing to pay for protected wildlife species, suppliers will continue
their grisly work, providing animals either dead or alive to collect what amounts to a bounty
on the head of every protected species. Therefore, it is of paramount importance to control and
eliminate the demand for wildlife products as well as its supply chains. International
cooperation between different nations is essential for the successful elimination of illicit
wildlife trade and wildlife crimes.

1.6 RESEARCH DESIGN

1.6.1 Nature and Type of Research

The present research is an analytical type of research which is done in accordance with
the doctrinal method of research. This research analyses the impact of international wildlife
trade on biodiversity in developing countries.

1.6.2 Sources of Data

Doctrinal Method of data collection was adopted for this research and data was collected
from both primary and secondary sources of data. Primary sources of data include various
statues and international treaties and instruments. Secondary sources of data used in this
research include various journals, articles and websites.

1.7 CHAPTERISATION
This Research paper has been divided into the following chapters.

1. Introduction and Research Methodology: - This chapter introduces the topic and gives
an overview of the problems associated with it and also details the research methodology
followed in this research work.

4
2. International Wildlife Trade: Causes and Effects: - This chapter analyses the various
causes for international wildlife trade and its various effects.
3. Regulation at International and Regional Level: - This chapter provides a close look at
the legal framework regulating the international wildlife trade at international and regional
levels.
4. Regulation at Domestic level in Developing Countries: - This chapter analyses the legal
framework for regulation of wildlife trade in India, Thailand and Kenya.

1.8 TIME SCHEDULE

The time taken for successful completion of this research and preparation of the report is
approximately one month.

1.9 LIMITATIONS OF STUDY

This research work analyses the impact of international wildlife trade on biodiversity in
developing countries. Therefore, the international legal framework is discussed along with
regional agreements and national level regulation in various developing countries.

5
2 INTERNATIONAL WILDLIFE TRADE: CAUSES AND

EFFECTS
According to UNODC, Sub-Saharan Africa and South-East Asia are the major supply
regions for several of the largest illicit animal markets, including elephant ivory, rhino horn,
and tiger parts. The fact that these species are unique to these regions works hand-in-hand with
regional weaknesses in the areas of law enforcement, border enforcement, and economic
opportunity to facilitate illicit trade.2

On the demand side, it is broadly accepted that the largest consumers of illegal wildlife are
China, the United States, and the European Union. The most lucrative of animals and animal
products include elephant ivory, tiger bones, Tibetan antelope, bear gallbladders, rhino horns,
and exotic birds and reptiles. Generally, demand for animal products falls into three categories:
traditional Chinese medicine (TCM), commercial products, and exotic pets.

2.1 CAUSES
The illegal trade in ivory and rhino horn originates in Central and Eastern Africa and
Southern Africa. The UN Environment Programme (UNEP) report ‘Elephants in the Dust’
highlights that poaching is exacerbated by poverty and food insecurity. Poachers may be driven
by poverty, or are exploited by criminal organizations seeking to recruit hunters with
knowledge of the local terrain. Poverty and inadequate bureaucracy enable criminal groups to
corrupt poorly paid enforcement authorities.3 As noted above, however, poverty is not always
a driver of participation in poaching. TRAFFIC’s 2008 report on economic and social drivers
of the wildlife trade in East Asia asserts that wealth is a stronger driver of illegal and
unsustainable wildlife trade in Southeast Asia than poverty, owing to the dynamics of
increasing affluence and wider processes of economic growth in the region.4 Greed can also
lure poachers to a trade that is supposedly low-risk and high-profit.

2.1.1 High Demand

There are many reasons why wildlife is traded, including:

2
UNODC, “The Globalization of Crime: A Transnational Organized Crime Threat Assessment,” 2010: p. 151-
52.
3
UNEP (2013), ‘Elephants in the Dust’, p. 41.
4
TRAFFIC (2008), ‘What’s Driving the Wildlife Trade? A Review of Expert Opinion on Economic and Social
Drivers of the Wildlife Trade and Trade Control Efforts in Cambodia, Indonesia, Lao PDR and Vietnam’, p. xiv.

6
  Food—fruits, mushrooms, nuts, leaves and tubers, are particular important resources in
sustaining livelihoods in many rural areas. Wild animals (including fish) contribute at
least a fifth of the animal protein in rural diets in more than 60 countries. A TRAFFIC
study demonstrated reliance on wild meat is growing in Eastern and Southern Africa in
response to increased human populations and poverty.5
 Fuel—trees and plants are an important source of fuel for cooking and heating,
especially in rural areas
 Fodder—considered very important non-wood forest products in arid regions of Asia
and Africa
 Building materials—for example, timber for furniture and housing to ingredients in
manufacturing processes, such as gums and resins
 Clothing and ornaments—leather, furs, feathers etc
 Sport—from falconry to trophy hunting
 Healthcare—everything from herbal remedies, traditional medicines to ingredients for
industrial pharmaceuticals. An estimated 80 % of the world's population are said to rely
for primary health care on traditional medicines
 Religion—many animals and plants or derivatives are used for religious purposes);
 Collections—many wildlife specimens and curios are collected by museums and
private individuals
 Medicine – It is estimated that 70 000 species of plant are used for medicinal purposes
alone. Additionally, approximately 25% of ‘modern’ pharmacy medicines have been
developed based on the medicinal properties of wild species.

Much of demand for rhinoceros’ horns, tiger bones, and other animal products arises out
of the practice of traditional Chinese medicine, which uses these ingredients to treat fevers,
gout, and other illnesses; maintain good health and longevity; and enhance sexual potency.
Traditional Chinese medicines are taken by hundreds of millions of people. For example, some
practitioners drink an expensive liquid made from tiger bones to improve their circulation, treat
arthritis, and strengthen the body, in general. The sale of tiger bones and products made from
them is an example of the confusion that can exist on the topic. The sale of bones was outlawed
in China in 1993; however, a pilot program, established in 2005, allows the use of bones for

5
Barnett, R., 2000. Food for Thought: The Utilisation of Wild Meat in Eastern and Southern Africa. TRAFFIC
East/Southern Africa, Nairobi.

7
captive-bred tigers.6 This can create a confusion in the minds of buyers as to whether the bones
were legally obtained. Traditional Chinese Medicine accounts for a great deal of demand in
China, where buyers will pay as much as $2,500 for a single rhino horn, believed to possess
vast medicinal qualities. Tigers, pangolins, civets, and bears are also believed to have medicinal
value.

Commercial products have long provided the demand for illegal ivory elephant tusks.
Coveted clothing and accessories also account for some of the demand in other animals.
Tibetan antelopes are killed for their furs which are then turned into $15,000 shawls. Crocodiles
and various big cats are hunted to produce clothing apparel and accessories. Because of the
rarity and nature of such products, the United States and the European Union are the primary
sources of demand.

Exotic birds, reptiles, and primates are coveted by those looking for unique pets or prized
collector items, and illegal animal traffickers are happy to supply them. Whether buyers in the
United States and the European Union know the trade is illegal or not, web sites offering such
animals have made purchasing illegal species quite easy. As with all commodities, the rarer the
animal, the higher the price. With only 960 Lear Macaws remaining in the world, each rare
parrot has a market value of $90,000. This means that, even if the market price did not rise with
a reduction in supply, there could be as much as $86 million of potential illegal profit in the
current stock of Lear Macaws.

2.1.2 High Profit Margin

Illegal wildlife trade is driven by high profit margins and, in many cases, the high prices
paid for rare species. Vulnerable wild animals are pushed further to the edge of extinction when
nature can’t replenish their stocks to keep up with the rate of human consumption. Because of
the high prices of rare species, the traffickers tend to exploit more of those species resulting in
their extinction.

2.1.3 Inadequate Protection

Corruption, toothless laws, weak judicial systems and light sentences allow criminal
networks to keep plundering wildlife with little regard to consequences. These factors make
illegal wildlife trade a low risk business with high returns. The poachers—often poor locals—

6
Hong, Brendon, "China Is Brewing Wine From Tiger Bones", The Daily Beast, available at
http://www.thedailybeast.com/articles/2014/07/22/china-is-brewing-wine-from-tiger-bones.html (accessed on
18th April 2016)

8
are the usually the only ones caught, leaving the real masterminds and their network safe and
operational with the ability to strike again.

Transnational organized crime operators and smaller-scale armed groups are drawn to the high
profits and low accountability associated with the wildlife crime trade. Variable, contradictory
or weak legislation across countries and regions combined with pitiful rates of prosecution
ensure sizable profits for the middlemen involved in the trade.7

Implementation of legislation monitoring the illegal trade in ivory and rhino horn in source
countries remains a problem for governments lacking the resources required to protect their
endangered species indefinitely. However, the political will to tackle this resurgent problem is
growing. The only way in which range states will be able to counter organized crime syndicates
exploiting national legislative and institutional weaknesses is to participate in a coordinated
response across the illegal wildlife trade chain.

2.2 EFFECTS
The negative effects of the illicit wildlife trade are felt by developing source countries,
consumer countries (developing and developed), and the international community at large. In
many source countries (particularly in Africa), the unique ecology and exotic wildlife draw
tourists from all over the world. Though it is difficult to measure, there is no doubt that the loss
of this wildlife negatively impacts the tourism industries, and thus the official economies of
the countries in question. Furthermore, similar to other illicit markets, wildlife traffickers profit
from a state’s weakness in the areas of territory control, governance, and economic opportunity.
In this context it is easy to entice people to become poachers, to operate in territories with little
government presence, and to bribe customs officials in order to facilitate smuggling. Because
of this, traffickers have a vested interest in actively preventing a source country from
developing economically and structurally.

For consumer countries there are health threats to be considered. According to the
Government Accountability Office and the Center for Disease Control, 75 percent of emerging
diseases reach humans through animals. The illicit cross-border flow of wildlife severely
undermines national health bodies’ attempts to monitor potentially dangerous species. Avian
Influenza (H5N1), Secure Acute Respiratory Syndrome (SARS), Heartwater Disease, and
Monkeypox are primary examples of deadly diseases facilitated by illicit animal trafficking.

7
UNODC (2010), ‘The Globalization of Crime’, p. 9.

9
The SARS outbreak is believed to have originated in China when an infected civet came into
contact with humans. African tortoises can carry ticks infected with Heartwater Disease. Avian
Flu is of course carried primarily by wild birds. Diseases like these can wreak havoc on
economies and ultimately on populations if they reach pandemic levels.

Finally, destabilizing elements within states are known to use profits from wildlife
trafficking in order to fund military operations. Since 2003 Sudan’s Janjaweed militia has
slaughtered hundreds of elephants in neighbouring Chad’s Zakouma National Park, using the
money from the traffic to purchase AK-47’s and other arms to be used in the killing fields of
Darfur. Furthermore, according to Interpol and the U.S. State Department, Somali warlords
and two Islamic extremist groups in India with ties to Al Qaeda, Harakat ul-Jihad-I-Islami-
Bangladesh (HUJI-B) and Jamaatul Mujahedin Bangladesh (JMB), have sponsored illegal
elephant and rhino poaching. This development has implications not only for developing
countries but also for international security.

The following are the various negative impacts of wildlife trade on biodiversity.

1. Extinction of Species: Over exploitation of wildlife resources result in its depletion and
as a result more and more species become extinct.
2. Disruption in Food chain: Due to the sudden extinction of species in an ecosystem, the
food chain gets disrupted and that may lead to the collapse of that eco-system.
3. Introduction of Invasive species: Many Invasive species get introduced in different eco-
systems due to human intervention. These invasive species tend to destroy those eco-
systems.

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3 REGULATION AT INTERNATIONAL AND REGIONAL LEVEL
Not all wildlife species in trade are necessarily endangered, but an agreement to ensure the
sustainability of the trade is necessary in order to safeguard these resources for the future. The
effort to regulate trade in wild animals and plants requires international cooperation simply
because of the cross-border element of the trade itself and to safeguard certain species from
over-exploitation. The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) was conceived in the spirit of such international cooperation. To date,
it confers varying degrees of protection to more than 30,000 species of animals and plants,
regardless of whether they traded as live specimens, fur coats or dried herbs.

3.1 THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES

OF WILD FAUNA AND FLORA (CITES)

CITES was drafted following a resolution adopted in 1963 at a meeting of members of

the International Union for Conservation of Nature (IUCN). The final text of the Convention
was agreed at a meeting of representatives of 80 countries in Washington, D.C., the United
States of America, on 3 March 1973.8 CITES entered into force on 1 July 1975. It is widely
considered the most important international species conservation agreement, protecting
thousands of animals and plants affected by global commerce.

CITES works by subjecting imports and exports of species listed in three appendices to
mandatory licensing, with permits and certificates issued by Management Authorities in
trading countries in accordance with specific criteria. The primary objective of CITES, though
not explicitly stated in the convention, is to ensure that international trade in specimens of wild
animals and plants does not threaten their survival.9 The three appendices list over 30,000
species of fauna and flora, over 25,000 of which are plants. Most listed species are on Appendix
II and these comprise the bulk of CITES trade.

CITES differs from more recent multilateral environmental agreements (MEAs) in that
it does not have a specific treaty article mandating the development of procedures to address
compliance with its provisions. Instead, its compliance system has evolved through secondary

8
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington DC, 3 March
1973, in force IJuly 1975; United Nations Treaty Series (UNTS) no. 14537, vol. 993, 1976, p. 243. The conven-
tion text is available at http://www.cites.org/eng/disc/text.shtml
9

11
rules (resolutions and decisions of the Conference of the Parties or CoP4) and practice over
nearly three decades on the basis of broad provisions set out in various articles of the treaty.
These broad provisions mandate:

 parties to report regularly on CITES trade and measures to implement and enforce the
treaty;
 the Secretariat to review national reports, communicate problems on implementation to
parties and make recommendations;
 parties to respond with remedial action and report to the CoP; and
 the CoP to review parties' responses and make recommendations

The global trade of any listed species requires permits issued by either the exporting
country (for Appendix II species) or both the exporting and importing country (for Appendix I
species, non-commercial activity permitted only); these permits serve as validation that such
trade will not harm the survival of the species in the wild. CITES today lists over 675 animal
and plant species on Appendix I and over 29,000 species on Appendix II (the listing of the
family Orchidaceae accounts for over 25,000 species alone). Of the growing body of
international environmental agreements, CITES probably has the most elaborate control
framework. Upon joining the convention, member nations pledge to implement all of its
provisions, which include scientifically assessing the status of traded species and building an
enforcement frame- work to monitor trade and penalize offenders. The latter generally requires
the adoption or amendment of legislation specifically to implement CITES.

3.2 INTERNATIONAL CONSORTIUM ON COMBATING WILDLIFE CRIME

(ICCWC)
The ICCWC is the collaborative effort by five inter-governmental organisations working
to bring coordinated support to the national wildlife law enforcement agencies and to the sub-
regional and regional networks that act in defence of natural resources. ICCWC comprises the
CITES Secretariat, INTERPOL, the United Nations Office on Drugs and Crime (UNODC), the
World Bank and the World Customs Organisation (WCO). The CITES Secretariat chairs the
alliance. This powerful alliance was formally established on 23 November 2010 in St.
Petersburg, Russia during the International Tiger Forum when the signatures of all partners
were included on the Letter of Understanding.

12
 The mission of ICCWC is to usher in a new era where perpetrators of serious wildlife
crimes will face a formidable and coordinated response, rather than the present situation where
the risk of detection and punishment is all too low.10 In this context, ICCWC will mainly work
for, and with, the wildlife law enforcement community, since it is frontline officers who
eventually bring criminals engaged in wildlife crime to justice.

Each of the international organisations involved offers specialised expertise that can
support national enforcement agencies and sub-regional and regional networks. Several of the
organisations have already developed close working relationships on a bilateral or trilateral
basis. The ICCWC organisations have experience in multi-national operations targeting illegal
trade and smuggling, as well as comprehensive training and capacity-building for law
enforcement officers. Several have communication channels that allow real-time dissemination
of intelligence to help national enforcement bodies in their risk-assessment, targeting and
profiling activities and to facilitate investigations in different countries.

ICCWC promotes, supports and delivers activity under five focus areas:

1) Strengthening cooperation and coordination in combating wildlife and forest crime

2) Facilitating analysis of national responses to wildlife and forest crime
3) Building capacity to prevent and respond to wildlife and forest crime
4) Raising awareness and support for measures to combat wildlife and forest crime
5) Improving use of knowledge and innovation to inform contemporary approaches to wildlife
and forest crime.

In partnership with ICCWC, UNODC developed the Wildlife and Forest Crime Analytic
Toolkit, which is now available for first pilot studies. 11 The Toolkit aids governments in
identifying challenges and strengthen their criminal justice responses to wildlife and forest
crime. The Toolkit is a technical resource to assist government officials in wildlife and forestry
administration and customs. It also assists other relevant agencies to conduct a comprehensive
analysis of the strengths and weaknesses of preventive and criminal justice responses and other
measures related to the protection and monitoring of wildlife and forest products.

10
CITES.org, What is ICCWC, available at https://cites.org/eng/prog/iccwc.php (Accessed on 19th April 2016)
11
CITES.org, ICCWC launches wildlife and forest crime toolkit, available at
https://cites.org/eng/news/pr/2012/20120725_ICCWC_toolkit.php (Accessed on 19th April 2016)

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3.3 TRAFFIC, THE WILDLIFE TRADE MONITORING NETWORK
TRAFFIC, the wildlife trade monitoring network, is the leading non-governmental
organization working globally on trade in wild animals and plants in the context of both
biodiversity conservation and sustainable development. TRAFFIC was established as a
specialist group of the IUCN Species Survival Commission in 1976, with the first TRAFFIC
International office and TRAFFIC USA formed in 1979.

TRAFFIC specializes in:

 Investigating and analysing wildlife trade trends, patterns, impacts and drivers to provide
the leading knowledge base on trade in wild animals and plants;
 Informing, supporting and encouraging action by governments, individually and through
inter-governmental cooperation to adopt, implement and enforce effective policies and
laws;
 Providing information, encouragement and advice to the private sector on effective
approaches to ensure that sourcing of wildlife uses sustainability standards and best
practice;
 Developing insight into consumer attitudes and purchasing motivation and guiding the
design of effective communication interventions aimed to dissuade purchasing of illicit
wildlife goods.

3.4 ASEAN WILDLIFE ENFORCEMENT NETWORK (ASEAN–WEN)

With the rapid growth in the economy and development of many ASEAN (Association of
Southeast Asian Nations) countries, transportation networks and the development of
infrastructure have resulted in a rapid growth in wildlife trade. Although the ASEAN countries
have put their efforts into combating illegal wild fauna and flora through CITES (Convention
on International Trade in Endangered Species of Wild Fauna and Flora), they still stand accused
as hubs for shipping these illegal goods to other part of the world. One of many reasons for this
is the efficacy of shipments across borders, whether by air, land, and sea. In response to these
challenges, cooperative countermeasures, coordination, and commutation are the three
priorities that have been identified in CITES meetings.

The ASEAN Wildlife Enforcement Network (ASEAN–WEN) is an effort by which the

ten ASEAN countries (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the
Philippines, Singapore, Vietnam and Thailand) are trying to work together to address illegal

14
wildlife trade issues. ASEAN–WEN is a network originating from CITES work by ASEAN
member countries. It was officially launched on 1st December 2005 and its first meeting was
held on 22-25 May 2006 in Bangkok.12

3.4.1 Aims and Objectives

Three specific objectives that the network expects to realize are to increase efficiency of
intelligence exchange to combat transnational wildlife crime; to catalyse efficient inter-agency
enforcement action; and to move from seizures through to prosecutions and sentencing to
increase deterrents. However, beyond these objectives, ASEAN countries also intend to
strengthen their overall cooperation, coordination, and commutation on wildlife crime-related
issues. Correspondingly, the ultimate goal of ASEAN–WEN is to protect wildlife fauna and
flora from illegal trade and ensure CITES compliance.

3.4.2 Progress in Wildlife Law Enforcement

There has been great improvement in wildlife law enforcement itself. A few examples of
enforcement actions and wildlife seizures resulting from improved networking under ASEAN–
WEN are:

 Pangolin seizure, 26 June 2006: CITES, customs, and police authorities cooperate in
Bangkok to intercept a shipment of 245 Malayan pangolins being trans-shipped through
Thailand from Malaysia.
 Shahtoosh (wool from Tibetan Antelopes) bust, 14 July 2006: after a long undercover
investigation Thai police broke up a suspected shahtoosh trade ring involving foreign
nationals.
 Slow Loris bust, 3 November 2006: a Japanese man arrested for trying to smuggle Slow
Loris out of Bangkok’s new airport.
 Madagascar reptile smuggling, 4 September 2006: Thai Customs officials arrested a
Madagascar national for smuggling endangered wildlife into Thailand via the country’s
main international airport. An investigation is underway into a possible smuggling ring.
 Repatriation of Madagasy endangered species, 5 January 2007, a number of star tortoises
and snakes were returned after being confiscated by the Department of National Parks,
Wildlife and Plant Conservation.

12
ASEAN Cooperation on Environment, ASEAN Wildlife Enforcement Network (ASEAN–WEN), available at
http://environment.asean.org/the-asean-wildlife-enforcement-network-asean-wen/ <accessed on 20th April 2016>

15
 ASEAN–WEN has also generated political support for a campaign to end the illegal
wildlife trade at Thailand’s Chatuchak Market. Since 2008, ASEAN authorities have reported
more than 200 wildlife law enforcement actions across the region, almost 58,000 seized live
animals, 42,000 seized deceased animals and derivatives and have done more than 200 arrests.
The black market value of seized contraband in the ASEAN region during this period is
estimated to be in excess of US$45million.

16
4 REGULATION AT DOMESTIC LEVEL IN DEVELOPING
COUNTRIES

4.1 INDIA
Until recently, habitat loss was thought to be the largest single threat to the future of wild
tigers in India. It has now been established that the trade in tiger bones, destined for use in
Oriental medicine outside India's borders, is posing an even larger threat. Having decimated
their own sources, Far Eastern traditional medicine manufacturers are now targeting India for
their supply of tiger bones. Poaching of tigers for the traditional Chinese medicine industry
started in northern India in the mid-1980's. Illegal wild animal trade takes place all over the
country. Porous international land borders and a constrained enforcement exacerbate the
situation. Native and non-native species are being rampantly brought into illegal trafficking
that threatens biodiversity and conservation in the wild.

4.1.1 Wildlife Laws in India:

Early references to the protection and conservation of wildlife in India have been
chronicled in the fifth pillar edict of King Ashoka in third century BC. The edict clearly states
providing protection to various animals and prohibiting forests from being burnt to protect the
habitat of the animals. Furthermore, during his reign, Ashoka banned hunting and the
indiscriminate slaughter of animals. This sentiment finds resonance in the Wildlife (Protection)
Act, 1972 which mandates the need to protect wild animals, birds and plants with a view to
ensure the ecological and environmental sanctity of the country.

4.1.1.1 Constitution of India

The Constitution of India states: “To endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.”13 The Constitution further places a
fundamental duty on the citizen in that “it shall be the duty of every citizen of India to protect
and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures”.14 Further, the Supreme Court of India upholds that: “Article
21 of the Constitution of India protects not only the human rights but also casts an obligation

13
Article 48A of the Constitution of India
14
Article 51A (g) of the Constitution of India

17
on human beings to protect and preserve a specie becoming extinct, conservation and
protection of environment is an inseparable part of right to life.”15

4.1.1.2 Wildlife (Protection) Act, 1972

It is the principle act dealing with wildlife protection in India. It was enacted by the
Union Parliament with a view to improve the protection provided to wild animals since the
Wild Birds and Animals Protection Act, 1912 had become completely outdated and
punishments were no longer commensurate with the offences. The Act provides for punishment
for a number of offences which, inter-alia including hunting, altering the boundary of a
sanctuary or national park, offences related to core area of a Tiger Reserve, illegal possession
and trade in wild animals and their articles/derivatives. The quantum of punishment in most
such offences is a jail term of three years which may extend to seven years with a fine, thereby
making most such offences non-bailable and cognizable.

4.1.1.3 Biological Diversity Act, 2002

It provides for the conservation of biological diversity, sustainable use of its
components, fair and equitable sharing of the benefits arising out of the use of biological
resources, knowledge and for matters connected therewith or incidental thereto. A biological
resource is defined under Section 2(c) of the Biological Diversity Act, 2002 means plants,
animals and micro-organisms or parts thereof, their genetic material and by-products
(excluding value-added products) with actual or potential use or value. A foreigner is required
to take approval from National Biodiversity Board and an Indian citizen needs to take a similar
approval from State Biodiversity Board to obtain a biological resource for commercial
utilization. If a foreigner obtains a biological resource for commercial utilization without the
approval, the punishment amounts to a five-year jail term or a fine of Rs 10 lakhs or both, while
in case of an Indian citizen the punishment is a three-year jail term or a fine of Rs 5 lakhs or
both. Noticeably, any such attempt or abetment is also an offence carrying the same punishment
as the Act itself.

4.1.1.4 Foreign Trade (Development and Regulation) Act, 1992

Import and export of all species of wild fauna and derivatives is prohibited (except for
specimens which carry the CITES certification) under the Export-Import Policy of India. India
fulfils its obligations under CITES through the Foreign Trade (Development and Regulation)

15
Centre for Environmental law WWF-I vs Union of India and ors, (2013) 8 SCC 234

18
Act of 1992. Penalties for violation are dealt with under the Customs Act of 1962. The Export-
Import Policy is framed under this Act. Import of animals and their parts and products for
zoological parks and circuses or for research purposes may be permitted subject to the
provisions of CITES and on the recommendations of the Chief Wildlife Warden of the states
and union territories under license from Directorate General of Foreign Trade (DGFT). All
cases of violation of the Export-Import Policy in general and CITES in particular, constitute an
offence under the Customs Act and are dealt with by the Customs officials. Section 3(3) of the
Foreign Trade (Development and Regulation) Act, 1992 provides that all items (including wild
fauna and flora) covered in the Export-Import Policy will be deemed to be covered under
Section 11 of the Customs Act, 1962.

4.2 THAILAND
The illegal wildlife trade has been a key issue for Thailand as it’s known as a “hub” for
illegal wildlife trade. Thailand has one of the world’s largest unregulated ivory markets and is
consistently highlighted as one of the most problematic countries in the illegal ivory trade.
With the many available land and water transit points in and out of the country, coupled with
inadequate enforcement, “Thailand is convenient”. In addition, the species of animals traded
along Thailand’s western borders, such as with Myanmar, are not limited to tigers and other
large mammals, but a whole range of crucial animal biodiversity, fuelled primarily by
traditional medicine. The insufficient number of tigers has upset the “ecological function of the
food chain” in Khao Yai National park.16 Disruptions of this magnitude severely affect the
ecosystem. In the case of Khao Yai National Park, the absence of the top predator has resulted
in exploding cow populations and overgrazing. It has also allowed the populations of wild dog
to increase significantly.

4.2.1 Wildlife Laws in Thailand

The first environmental protection law in Thailand, named “Wild Animals Preservation
& Protection Act” was passed in December 26th, 1960. But it has been repealed in 1992 as
Wild Animal Preservation & Protection Act (WAPPA), B.E. 2535 and key institution works
under this law is the Department of National Parks, Wildlife & Plant Conservation. Section 22-
28 of the WAPPA explain the movement restrictions of the wild animals within the country.

16
William M. Reyland, “Wildlife Smuggling in Thailand: A Matter of Convenience”, Thailand Law Forum (10
October 2014) online: http://www.thailawforum.com/illegal-animal-trade-thailand.html (Accessed on 23rd April
2016)

19
According to the CITES convention and WAPPA law, number of inspection stalls have been
located by the regulatory agency especially at Bangkok Suwarnabhumi International Airport
and Seaport, and many other entry and exit points of the country.

Tiger Action Plan (2010 – 2022)17 is one of the key measures taken by Thailand as a
member of ASEAN-WEN for the protection of big cats whose population decreases rapidly in
Southeast Asia.

4.3 KENYA
Poaching is a persistent global problem with a profound effect on the East African region.
The international demand for ivory and rhino horn is fuelling catastrophic declines in the
elephant and rhino populations in Kenya, Tanzania and throughout Africa. As is the case for
many countries in Africa, in Kenya wildlife crime has evolved over time and presents new
challenges to wildlife conservation. Kenya’s estimated 33,000 elephants and 1,010 rhinos, in
addition to a mosaic of other wildlife, are concentrated not only in national parks, but scattered
throughout the country across officially protected areas, private ranches, county council
territories, and both communal and private lands.

In the past, Kenya experienced high levels of elephant and rhino poaching which
threatened the survival of both species. Poaching was mainly conducted by armed bandits from
Somalia and was prevalent in pastoral areas outside officially protected wildlife areas. The
period before the establishment of the Kenya Wildlife Service (KWS) in 1989 was
characterized by massive poaching, insecurity in the parks, inefficiency and low morale within
the game department, partly a result of inadequate support in conserving and managing
Kenya’s wildlife. In response to those challenges, a uniformed and disciplined KWS brought
about a considerable improvement in wildlife security and helped to stabilize the wildlife and
tourism sectors. It is a Kenyan state corporation that was established in 1990 to conserve and
manage Kenya’s wildlife. It is established under the Wildlife Conservation and Management
Act with the mandate to conserve and manage wildlife in Kenya, and to enforce related laws
and regulations. In addition, Kenya’s public destruction of its ivory stockpile in 1989, which
raised international awareness around the poaching issue, along with the 1989 ban on the
international trade in ivory imposed by the Convention on International Trade in Endangered

Department of National Parks, Wildlife and Plant Conservation, “Thailand Tiger Action Plan: 2010-2022”
17

Ministry of Environment & Natural Resources, Bangkok, Thailand (2010)

20
Species of Wild Fauna and Flora (CITES), contributed to a measurable decline in elephant
poaching and the recovery of their populations.

KWS is legally mandated to enforce Kenya’s wildlife laws and regulations. This
mandate includes eliminating poaching in protected areas and reducing it to its bare minimum
elsewhere. As a result, KWS has put in place specific security strategies to address wildlife
crime. The agency’s law enforcement unit works closely with other law enforcement agencies
in all matters of wildlife security at the local, regional and international level. Structured
engagement of various law enforcement agencies, government institutions, local communities,
customs, border control and immigration authorities, ranchers and other conservation
stakeholders has intensified and is helping to implement specific security strategies to counter
poaching threats and other wildlife crimes. Collaboration and engagement with judiciary
authorities in many parts of the country have also intensified and further contributed to full
enforcement of wildlife laws. Regionally, Kenya’s cross-border collaboration with Tanzania
and Uganda is targeting crimes of a transboundary nature and yielding results in combating
illegal activities a long shared borders. Kenya has been further supported by international and
regional law enforcement bodies, such as the International Criminal Police Organization
(INTERPOL) and the Lusaka Agreement Task Force, which have been instrumental in
facilitating, coordinating and offering support with transnational crime.

21
CONCLUSION
Illegal wildlife trade must be controlled. It threatens the environment, deprives
communities of their livelihoods, decreases revenues for governments and businesses, and
increases the probability of conflicts creating security risks – in addition to jeopardizing the
survival of some species. The key to success in the fight against illegal wildlife trade is
collaboration among countries and international agencies. Efficient control of transboundary
movements of wildlife products requires good information exchange and cooperation,
involving importing, exporting and transit countries. Mechanisms need to be enhanced to
facilitate rapid exchanges of intelligence between enforcement agencies.

Illegal wildlife trade still has a relatively low priority compared to other transnational
crimes such as drug smuggling, human trafficking or counterfeit products. As the routes used
to transport illegal wildlife products are the same as those used for drugs, people and weapons,
successful approaches in these areas need to be considered to combat illegal wildlife. A
protocol on environmental crime under the Convention on Transboundary Crime might provide
a regulatory framework for doing this.

As regulations are only as good as their enforcement, provisions for enforcement need to
be strengthened, with clear mandates and roles, sufficient resources, and effective penalties to
discourage illegal wildlife trade. Enforcement could be incorporated and strengthened as an
integral part of the implementation of multilateral environmental agreements (MEAs). In
addition, more support needs to be given to enforcement agencies in countries, including
inspectors, customs officers, police and the judiciary, such as training of personnel, promotion
of cooperation to control transboundary movements of environmental goods, and investigation
and prosecution of criminals.

In the case of wildlife trade, demand creates the supply. Therefore, educating communities
in which there is a demand for illegal wildlife products is essential. Campaigns to change the
public opinion are powerful tools for reducing this demand. Targeting communities where
supplies originate, by providing increased training and education and offering alternative
livelihoods, also needs to be part of the strategy. Ensuring the exchange of information, the
traceability of goods and widespread knowledge in society of the scale and impact of illegal
wildlife trade is paramount.

22
 At the London Conference on the Illegal Wildlife Trade 2014, a declaration was signed by
46 countries and 11 international organisations.18 The following were the resolutions agreed
upon in that declaration.

 Support for continuing the existing international ban on commercial trade in elephant ivory;
 Renouncing the use of products within governments from species threatened with
extinction;
 Amending legislation to make poaching and wildlife trafficking "serious crimes" under the
terms of the UN Convention against Transnational Organized Crime;
 Strengthening cross-border co-ordination and support for regional wildlife law
enforcement networks;
 Further analysis to better understand the links between wildlife crime and other organized
crime and corruption, and to explore links to terrorism.

18
The London Declaration on the Illegal Wildlife Trade, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/281289/london-wildlife-
conference-declaration-140213.pdf (Accessed on 24th April 2016)

23
BIBLIOGRAPHY

PRIMARY SOURCES

Indian Statutes
1. The Wildlife (Protection) Act, 1972
2. The Biological Diversity Act, 1974
3. The Foreign Trade (Development & Regulation) Act, 1992

Thailand Statutes
1. The Wild Animals Preservation & Protection Act, 1992, B.E. 2535

Kenya Statutes
1. The Wildlife Conservation and Management Act, 1990

SECONDARY SOURCES

Books
1. Shastri, S. C., Environmental law, (2012, 4th Ed., Eastern Book Company)
2. Santhakumar, S., Introduction to Environmental law, (2008, 2nd Ed., Lexis Nexis)

Articles
1. Akella, Anita Sundari and Crawford Allan (2012), ‘Dismantling Wildlife Crime’,
TRAFFIC.
2. Barnett, R., (2000). ‘Food for Thought: The Utilisation of Wild Meat in Eastern and
Southern Africa’. TRAFFIC
3. Elliott, Lorraine, ‘Fighting Transnational Environmental Crime’, Journal of International
Affairs, Vol. 66, No. 1 (Fall/Winter 2012)
4. Haken, Jeremy, ‘Transnational Crime in the Developing World’, Global Financial Integrity
(February 2011)
5. Katherine Lawson and Alex Vines, ‘Global Impacts of the Illegal Wildlife Trade’, The
Royal Institute of International Affairs (February 2014)

24