https://www.unodc.org/documents/NGO/EIA_Ecocrime_report_0908_final_draft_low.pdf
ACKNOWLEDGEMENTS CONTENTS This report was written by Debbie Banks, Charlotte Davies, Justin Gosling, Julian Newman, Mary Rice, Jago Wadley and Fionnuala Walravens. Picture research by Ingvild Holm Edited by Mary Rice EIA would like to express their gratitude to the Rufford Maurice Laing Foundation and Sigrid Rausing Trust for their continued support. Designed by: www.design-solutions.me.uk Tel: 07789 041173 Many thanks to Emmerson Press for the printing of this report. (Emmerson Press: +44 (0) 1926 854400) Printed on recycled paper October 2008 ISBN: 0-9540768-5-0 Front cover images © iStock ENVIRONMENTAL INVESTIGATION AGENCY (EIA) 62/63 Upper Street, London N1 0NY, UK Tel: +44 (0) 20 7354 7960 Fax: +44 (0) 20 7354 7961 email: ukinfo@eia-international.org www.eia-international.org 1 2 6 10 14 18 22 24 24 INTRODUCTION ENVIRONMENTAL CRIME MATTERS CASE STUDIES: ILLEGAL LOGGING – PILLAGING THE WORLD’S SHRINKING RAINFORESTS WILDLIFE CRIME - SKINNING THE CAT SMUGGLING OF OZONE-DEPLETING SUBSTANCES – A CRIME AGAINST NATURE IVORY – THE SINGAPORE SEIZURE SUCCESSFUL ENFORCEMENT MODELS WHAT NEEDS TO BE DONE? RECOMMENDATIONS WHAT IS INTERNATIONAL ENVIRONMENTAL CRIME? For the purposes of this report, International Environmental Crime can be defined across five broad areas of offences which have been recognised by bodies such as the G8, Interpol, EU, UN Environment programme and the UN Interregional Crime and Justice Research Institute. These are: 1.Illegal trade in wildlife in contravention to the 1973 Washington Convention on International Trade in Endangered Species of fauna and Flora (CITES); 2.Illegal trade in ozone-depleting substances (ODS) in contraventionto the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer; 3.Dumping and illegal transport of various kinds of hazardous waste in contravention of the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Other Wastes and their Disposal; 4.Illegal, unregulated and unreported (IUU) fishing in contraventionto controls imposed by various regional fisheries management organisations (RMFOs); 5.Illegal logging and trade in timber when timber is harvested, transported, bought or sold in violation of national laws (There are currently no binding international controls on the international timber trade with the exception of an endangered species, which is covered by CITES).
Since its inception in 1984 the Environmental Investigation Agency has been exposing environmental crime around the globe and has sought greater political support for strong enforcement action against these crimes. Yet despite the fact that environmental crime poses a growing threat, it remains a low priority for the international enforcement community. This report shows the scale and impacts of environmental crime and calls for strong political will to tackle it as a matter of urgency. Environmental crimes can be broadly defined as illegal acts which directly harm the environment. They include: illegal trade in wildlife; smuggling of ozonedepleting substances (ODS); illicit trade in hazardous waste; illegal, unregulated, and unreported fishing; and illegal logging and the associated trade in stolen timber. Perceived as ‘victimless’ and low on the priority list, such crimes often fail to prompt the required response from governments and the enforcement community. In reality, the impacts affect all of society. For example, illegal logging contributes to deforestation. It deprives forest communities of vital livelihoods, causes ecological problems like flooding, and is a major contributor to climate change – up to one-fifth of greenhouse gas emissions stem from deforestation. Illicit trade in ODS like the refrigerant chemicals chlorofluorocarbons (CFCs), contributes to a thinning ozone layer, which causes human health problems like skin cancer and cataracts. Environmental crime generates tens of billions of dollars in profits for criminal enterprises every year, and it is growing. In part, this is due to the proliferation of international and regional environmental agreements, leading to more controls on a range of commodities. It is also due to mutations in the operations of criminal syndicates, which have been diversifying their operations into new areas like counterfeiting and environmental crime. Environmental crimes by their very nature are trans-boundary and involve cross-border criminal syndicates. A tiger skin or an ivory tusk passes through many hands from the poaching site to the final buyer. A tree felled illegally can travel around the world from the forest via the factory to be sold on the market as a finished wood product. In the era of global free trade, the ease of communication and movement of goods and money facilitate the operations of groups involved in environmental crime. “Illicit trade has broken the boundary and surged into our own lives…. For traffickers, that spells triumph. A triumph that takes the form of unfathomable profits and unprecedented political influence” Illicit: How smugglers, traffickers and copycats are hijacking the global economy Moisés Naím The development of statutory enforcement agencies has struggled to keep pace with such change, and issues such as jurisdiction restrict efforts to foster better cross-border cooperation against crimes like illegal logging. These factors lead to a situation where environmental crimes offer high profits and minimal risk. It is time for the international community to wake-up to the menace of environmental crime and show the necessary political will to tackle the criminal gangs plundering our planet for a quick profit. Environmental Investigation Agency October 2008 © iStock 1
Environmental crime is at least as serious as any other crime affecting society today. In contravention of numerous international treaties, the principal motive for environmental crime is, with rare exception, financial gain and its characteristics are all too familiar: organised networks, porous borders, irregular migration, money laundering, corruption and the exploitation of disadvantaged communities. Wildlife felons are just as ruthless as any other, with intimidation, human rights abuses, impunity, murder and violence the tools of their trade. The indicators of environmental crime are evident in many areas of international development activities. Significant global threats, including the challenges addressed through the Millennium Development Goals (MDGs) are connected to, and exacerbated by, environmental crime, “affecting development, peace, security and human rights”.1These issues, some of which have been on the table for many years, are slowly starting to be addressed and only now are enforcement agencies worldwide beginning to recognise the role of organised criminal networks in environmental crime. Increasingly, illegal logging and wildlife trafficking are driven by organised groups who exploit natural resources and destroy habitats: robbing communities of their livelihoods, compromising the wider economy and further endangering threatened species and ecosystems. ENVIRONMENTAL CRIME IS SERIOUS, TRANSNATIONAL AND ORGANISED Environmental crime is currently one of the most profitable forms of criminal activity and it is no surprise that organised criminal groups are attracted to its high profit margins. Estimating the scale of environmental crime is problematic but Interpol estimates that global wildlife crime is worth billions of dollars a year; the World Bank states that illegal logging costs developing countries $15 billion in lost revenue and taxes. In the mid-1990s around 38,000 tonnes of CFCs were traded illegally every year – equivalent to 20 per cent of global trade in CFCs and worth $500 million; and in 2006 up to 14,000 tonnes of CFCs were smuggled into developing countries. The ‘raw materials’ which live or grow freely can be harvested or poached at minimal cost. Organised criminals are adaptable and resourceful; they thrive in conditions where others would fail. By definition, they build networks and cast their nets wide to avoid detection. With the collusion of corrupt officials, certification, concealment and transportation are easily facilitated. With this combination of huge profits, low risk of detection and ineffective penalties, environmental crime is extremely lucrative.
A CATALYST FOR CORRUPTION In the same way that criminals perceive environmental crime as an easy option, so individuals in corporate or official positions of authority and power view environmental crime as a chance to cash in. Examples of this can be found in the case studies of this report: signing and forging import and export certificates; facilitating the transport of illicit goods and ‘turning a blind eye’ are all examples of the institutionalized corruption described. Far more serious, and yet just as common, is the complicit, longterm involvement of individuals from the police, army, government and intergovernmental organisations. Cocooned by familiar bureaucracies, weak legislation and poor enforcement, corrupt officials can thrive through environmental crime. Furthermore, corruption may be preventing the true cost and extent of environmental crime from being properly assessed or effectively addressed. The United Nations Convention on Corruption seeks to identify the links between corruption, organised crime, money laundering and economic crime. All of these elements fester within areas of environmental crime and corruption presents a major hurdle to successfully combating it.2 WHERE DOES ALL THE MONEY GO? Environmental crime can garner vast incomes for organised criminals, but because of its illicit, clandestine nature, it is generally a cash economy and therefore avoids conventional banking systems. Offenders “clean” their funds by laundering the money through other equally illicit networks, thereby forming strong links to other criminal arenas making it difficult, if not impossible, to put a price on the proceeds of environmental crime. Under the Financial Action Task Force (FATF) 40 Recommendations, the FATF has included environmental crime in the “Designated Categories of Offences” as a predicate offence to money laundering.3 In 2006, the Asia Pacific Group on Money Laundering held a special seminar to look at money-laundering issues in the illegal logging industry, identifying a number of problems and opportunities for action. International attention on money laundering enforcement has resulted in improvements in systems to alert authorities to suspicious transactions, focusing particularly on terrorism-related offences. But in a ‘cash economy’ such as environmental crime, alternative investigation techniques are needed in order to combat sophisticated criminals and prevent them from realising the proceeds of their crime, estimated to be worth billions of dollars each year.4 Failure to address this crime will result in organised criminal groups increasing their wealth and continuing to launder it in order to make detection and confiscation of their assets more difficult for enforcement agencies. “Compliance is part of good governance. It’s part of having a rule of law, having an effective rule of law. Without that, you cannot have sustainable development” Wangari Maathai, Nobel Peace Laureate’s remarks to the 8th International Conference on Compliance & Enforcement, April 2008 THE GLOBAL IMPACT OF ENVIRONMENTAL CRIME As we destroy the Earth’s protection from the sun through the illegal use of ozone-depleting substances, more damaging ultra violet light hits the Earth’s surface, increasing the risk of skin disease and decreasing plant productivity. Natural disasters are occurring with increasing frequency, and with growing populations the impact and consequences are greater than ever before. The impact of such disasters would be less severe were it not for the felling of forests resulting in flooding and landslides; and the removal of mangroves for development means there is no longer any natural protection for coastal areas against erosion or storms. Global warming also leads to increased sea levels and associated flooding. Increasing demands for threatened flora and fauna can lead to the extinction of species, and destruction of habitat results in some species disappearing before they have even been discovered. Furthermore, environmental crime in the forestry sector has been identified as a major contributor to climate change, perhaps the world’s most pressing
ACKNOWLEDGEMENTS CONTENTS This report was written by Debbie Banks, Charlotte Davies, Justin Gosling, Julian Newman, Mary Rice, Jago Wadley and Fionnuala Walravens. Picture research by Ingvild Holm Edited by Mary Rice EIA would like to express their gratitude to the Rufford Maurice Laing Foundation and Sigrid Rausing Trust for their continued support. Designed by: www.design-solutions.me.uk Tel: 07789 041173 Many thanks to Emmerson Press for the printing of this report. (Emmerson Press: +44 (0) 1926 854400) Printed on recycled paper October 2008 ISBN: 0-9540768-5-0 Front cover images © iStock ENVIRONMENTAL INVESTIGATION AGENCY (EIA) 62/63 Upper Street, London N1 0NY, UK Tel: +44 (0) 20 7354 7960 Fax: +44 (0) 20 7354 7961 email: ukinfo@eia-international.org www.eia-international.org 1 2 6 10 14 18 22 24 24 INTRODUCTION ENVIRONMENTAL CRIME MATTERS CASE STUDIES: ILLEGAL LOGGING – PILLAGING THE WORLD’S SHRINKING RAINFORESTS WILDLIFE CRIME - SKINNING THE CAT SMUGGLING OF OZONE-DEPLETING SUBSTANCES – A CRIME AGAINST NATURE IVORY – THE SINGAPORE SEIZURE SUCCESSFUL ENFORCEMENT MODELS WHAT NEEDS TO BE DONE? RECOMMENDATIONS WHAT IS INTERNATIONAL ENVIRONMENTAL CRIME? For the purposes of this report, International Environmental Crime can be defined across five broad areas of offences which have been recognised by bodies such as the G8, Interpol, EU, UN Environment programme and the UN Interregional Crime and Justice Research Institute. These are: 1.Illegal trade in wildlife in contravention to the 1973 Washington Convention on International Trade in Endangered Species of fauna and Flora (CITES); 2.Illegal trade in ozone-depleting substances (ODS) in contraventionto the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer; 3.Dumping and illegal transport of various kinds of hazardous waste in contravention of the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Other Wastes and their Disposal; 4.Illegal, unregulated and unreported (IUU) fishing in contraventionto controls imposed by various regional fisheries management organisations (RMFOs); 5.Illegal logging and trade in timber when timber is harvested, transported, bought or sold in violation of national laws (There are currently no binding international controls on the international timber trade with the exception of an endangered species, which is covered by CITES).
Since its inception in 1984 the Environmental Investigation Agency has been exposing environmental crime around the globe and has sought greater political support for strong enforcement action against these crimes. Yet despite the fact that environmental crime poses a growing threat, it remains a low priority for the international enforcement community. This report shows the scale and impacts of environmental crime and calls for strong political will to tackle it as a matter of urgency. Environmental crimes can be broadly defined as illegal acts which directly harm the environment. They include: illegal trade in wildlife; smuggling of ozonedepleting substances (ODS); illicit trade in hazardous waste; illegal, unregulated, and unreported fishing; and illegal logging and the associated trade in stolen timber. Perceived as ‘victimless’ and low on the priority list, such crimes often fail to prompt the required response from governments and the enforcement community. In reality, the impacts affect all of society. For example, illegal logging contributes to deforestation. It deprives forest communities of vital livelihoods, causes ecological problems like flooding, and is a major contributor to climate change – up to one-fifth of greenhouse gas emissions stem from deforestation. Illicit trade in ODS like the refrigerant chemicals chlorofluorocarbons (CFCs), contributes to a thinning ozone layer, which causes human health problems like skin cancer and cataracts. Environmental crime generates tens of billions of dollars in profits for criminal enterprises every year, and it is growing. In part, this is due to the proliferation of international and regional environmental agreements, leading to more controls on a range of commodities. It is also due to mutations in the operations of criminal syndicates, which have been diversifying their operations into new areas like counterfeiting and environmental crime. Environmental crimes by their very nature are trans-boundary and involve cross-border criminal syndicates. A tiger skin or an ivory tusk passes through many hands from the poaching site to the final buyer. A tree felled illegally can travel around the world from the forest via the factory to be sold on the market as a finished wood product. In the era of global free trade, the ease of communication and movement of goods and money facilitate the operations of groups involved in environmental crime. “Illicit trade has broken the boundary and surged into our own lives…. For traffickers, that spells triumph. A triumph that takes the form of unfathomable profits and unprecedented political influence” Illicit: How smugglers, traffickers and copycats are hijacking the global economy Moisés Naím The development of statutory enforcement agencies has struggled to keep pace with such change, and issues such as jurisdiction restrict efforts to foster better cross-border cooperation against crimes like illegal logging. These factors lead to a situation where environmental crimes offer high profits and minimal risk. It is time for the international community to wake-up to the menace of environmental crime and show the necessary political will to tackle the criminal gangs plundering our planet for a quick profit. Environmental Investigation Agency October 2008 © iStock 1
Environmental crime is at least as serious as any other crime affecting society today. In contravention of numerous international treaties, the principal motive for environmental crime is, with rare exception, financial gain and its characteristics are all too familiar: organised networks, porous borders, irregular migration, money laundering, corruption and the exploitation of disadvantaged communities. Wildlife felons are just as ruthless as any other, with intimidation, human rights abuses, impunity, murder and violence the tools of their trade. The indicators of environmental crime are evident in many areas of international development activities. Significant global threats, including the challenges addressed through the Millennium Development Goals (MDGs) are connected to, and exacerbated by, environmental crime, “affecting development, peace, security and human rights”.1These issues, some of which have been on the table for many years, are slowly starting to be addressed and only now are enforcement agencies worldwide beginning to recognise the role of organised criminal networks in environmental crime. Increasingly, illegal logging and wildlife trafficking are driven by organised groups who exploit natural resources and destroy habitats: robbing communities of their livelihoods, compromising the wider economy and further endangering threatened species and ecosystems. ENVIRONMENTAL CRIME IS SERIOUS, TRANSNATIONAL AND ORGANISED Environmental crime is currently one of the most profitable forms of criminal activity and it is no surprise that organised criminal groups are attracted to its high profit margins. Estimating the scale of environmental crime is problematic but Interpol estimates that global wildlife crime is worth billions of dollars a year; the World Bank states that illegal logging costs developing countries $15 billion in lost revenue and taxes. In the mid-1990s around 38,000 tonnes of CFCs were traded illegally every year – equivalent to 20 per cent of global trade in CFCs and worth $500 million; and in 2006 up to 14,000 tonnes of CFCs were smuggled into developing countries. The ‘raw materials’ which live or grow freely can be harvested or poached at minimal cost. Organised criminals are adaptable and resourceful; they thrive in conditions where others would fail. By definition, they build networks and cast their nets wide to avoid detection. With the collusion of corrupt officials, certification, concealment and transportation are easily facilitated. With this combination of huge profits, low risk of detection and ineffective penalties, environmental crime is extremely lucrative.
A CATALYST FOR CORRUPTION In the same way that criminals perceive environmental crime as an easy option, so individuals in corporate or official positions of authority and power view environmental crime as a chance to cash in. Examples of this can be found in the case studies of this report: signing and forging import and export certificates; facilitating the transport of illicit goods and ‘turning a blind eye’ are all examples of the institutionalized corruption described. Far more serious, and yet just as common, is the complicit, longterm involvement of individuals from the police, army, government and intergovernmental organisations. Cocooned by familiar bureaucracies, weak legislation and poor enforcement, corrupt officials can thrive through environmental crime. Furthermore, corruption may be preventing the true cost and extent of environmental crime from being properly assessed or effectively addressed. The United Nations Convention on Corruption seeks to identify the links between corruption, organised crime, money laundering and economic crime. All of these elements fester within areas of environmental crime and corruption presents a major hurdle to successfully combating it.2 WHERE DOES ALL THE MONEY GO? Environmental crime can garner vast incomes for organised criminals, but because of its illicit, clandestine nature, it is generally a cash economy and therefore avoids conventional banking systems. Offenders “clean” their funds by laundering the money through other equally illicit networks, thereby forming strong links to other criminal arenas making it difficult, if not impossible, to put a price on the proceeds of environmental crime. Under the Financial Action Task Force (FATF) 40 Recommendations, the FATF has included environmental crime in the “Designated Categories of Offences” as a predicate offence to money laundering.3 In 2006, the Asia Pacific Group on Money Laundering held a special seminar to look at money-laundering issues in the illegal logging industry, identifying a number of problems and opportunities for action. International attention on money laundering enforcement has resulted in improvements in systems to alert authorities to suspicious transactions, focusing particularly on terrorism-related offences. But in a ‘cash economy’ such as environmental crime, alternative investigation techniques are needed in order to combat sophisticated criminals and prevent them from realising the proceeds of their crime, estimated to be worth billions of dollars each year.4 Failure to address this crime will result in organised criminal groups increasing their wealth and continuing to launder it in order to make detection and confiscation of their assets more difficult for enforcement agencies. “Compliance is part of good governance. It’s part of having a rule of law, having an effective rule of law. Without that, you cannot have sustainable development” Wangari Maathai, Nobel Peace Laureate’s remarks to the 8th International Conference on Compliance & Enforcement, April 2008 THE GLOBAL IMPACT OF ENVIRONMENTAL CRIME As we destroy the Earth’s protection from the sun through the illegal use of ozone-depleting substances, more damaging ultra violet light hits the Earth’s surface, increasing the risk of skin disease and decreasing plant productivity. Natural disasters are occurring with increasing frequency, and with growing populations the impact and consequences are greater than ever before. The impact of such disasters would be less severe were it not for the felling of forests resulting in flooding and landslides; and the removal of mangroves for development means there is no longer any natural protection for coastal areas against erosion or storms. Global warming also leads to increased sea levels and associated flooding. Increasing demands for threatened flora and fauna can lead to the extinction of species, and destruction of habitat results in some species disappearing before they have even been discovered. Furthermore, environmental crime in the forestry sector has been identified as a major contributor to climate change, perhaps the world’s most pressing
No comments:
Post a Comment