CASE STUDY FROM SRI LANKA

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2 CASE STUDY FROM SRI LANKA Corruption: the elephant in the room Samantha Gunasekara Deputy Director of Customs (Rtd.) Biodiversity, Cultural & National Heritage Protection Division Sri Lanka Customs E mail;samantharg555@gmail.com

3 Case.1Elephant Tusks Detected in Sri Lanka Detected Date Quantity 359 nos Kg. Value- US$ 2,752,020 Transit from Kenya-Dubai via. Col. Forfeited Country of origin(forensic Identification)- Tanzania/Mozambique Modus operandi-false declaration Destructed on in Colombo 3

4 Scan image of the container 2016/09/28 4

5 Declared as waste polythene 2016/09/28 5

6 How the Ivory was concealed 6

7 Layer of sprats to avoid sniffing 2016/09/28 7

8 Event of Destruction Patronage of Hon.CITES Sec General Mr. John Scanlon On a religious ceremony 2016/09/28 8

9 Case.2.Detection of Malagasy Rose wood (Dalbergia spp) Detected Date-24 th March 2012 Quantity 28 container- 420 M/T of 3669 Value- US $7,000,000 Transit- Zanzibar to Hong Kong via Sri Lanka-by vessel EM CHIOS-22/03/2014 Forfeited-by S.L Customs in May 2015 after a long battle with 4 countries. Country of origin-madagascar(forensic Identification)- Modus operandi-false declaration 9

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11 Bill of Lading-CMA CGM Declared as i) LOGS In B.Ls ii) General cargo -In Manifest iii) African hard Wood/ Plywood veneered panels -Docs with local Shipping Agent NON ARE FORGED DOCUMENTS 11

12 Country of Origin certificates Certified by Govt. institutions Chamber of Commerce Tanzania Revenue Authority /09/28

13 Escaped 26 containers Another 26 containers of the Same description Same shipper Same consignee Same weights Loaded In Zanzibar to HK detected 28 container Only those 54 containers have loaded in Zanzibar 2016/09/28 13

14 26 containers were not detected by Malaysian /Hong Kong Authorities Immediately Informed WCO WCO informed the details to Authorities in Malaysia Hong Kong 14 Containers - sailed by Ever Libra CMA- CGM Quartz" vessel to Hong Kong- Arr. - 3 rd Apr 12 Containers - sailed by Barry to Malaysia - then to Hong Kong Arr. -11 th Apr not detected by Malaysian /Hong Kong Authorities 2016/09/28 14

15 Ex.3Red Sanders(Pterocarpus satalinus) Transit Via Col. from India to SIN Dubai Declared as Sanitary ware Empty glass bottles Barbed wires Cotton bales 15

16 Constrains Poor co-operation from HK officials Tremendous pressure made on SL Customs- by Chinese embassy officials in SL Documents certified by Tanzanian govt. as original/genuine documents Financial & political pressure made by importers in HK Pressure made by Malagasy authorities asking to return goods. 16

17 Constrains contd Absence of domestic regulations for CITES in SL Forensic issues Improper Shipping docs. Close link between- Shipper-Shipping Agent- Consignee Sri Lanka became illegal international wildlife trade hub in the region Sri Lanka loosing its precious bio-diversity 2016/09/28 17

18 THANK YOU FOR YOUR ATTENTION 2016/09/28 18

19 SEVENTEENTH MEETING OF THE CONFERENCE OF THE PARTIES JOHANNESBURG (SOUTH AFRICA) UNODC - ANTI-CORRUPTION AND RISK MITIGATION PROJECT WITH KENYA WILDLIFE SERVICE CITES COP 17. DOC. 28

20 PRESENTATION OUTLINE Effects of corruption in Wildlife trafficking Kenya s stringent wildlife law KWS and UNODC Corruption prevention Strategies Identification Corruption risk areas, KWS Corruption prevention Intervention measures Q&A

21 Effects of corruption in Wildlife trafficking Wildlife trafficking has become one of the world's most profitable organized crimes in the global economy, depriving communities of their livelihoods and economic benefits derived from revenue streams from tourism, which many of the communities surrounding affected areas depend on. The economic value of the wildlife lost through this illicit trade has not been established but has serious implications on national economies.

22 Effects of corruption in Wildlife trafficking.cont. Wildlife crime, apart from being detrimental to the affected species and environment has a heavy effect on peace and the rule of law. Wildlife trafficking has a devastating impact on biodiversity, threatening to eradicate some species. Moreover, it both creates incentives for corrupt practices thereby undermining the rule of law.

23 Kenya s stringent wildlife law Kenya, in recognizing that poaching and illicit wildlife trafficking in protected species of wild fauna and flora are increasingly sophisticated forms of transnational organized crime that significantly impact peace and security, sustainable development and human rights, and concerned by the involvement of organized criminal groups in all aspects of illicit trafficking in endangered species of wild fauna and flora, passed a stringent wildlife law which punishes criminal offenders with life imprisonment or a fine of $10,000 or both.

24 Identification Corruption risk areas, In the context of the UNODC initiative, Preventing Corruption in Wildlife Authorities, UNODC has worked with the KWS Corruption Prevention Committee (CPC) and KWS Senior Management to select high priority areas of work, based on risk analysis, and supported the development of risk mitigation strategies and actions to address vulnerabilities to corruption and corruption prevention in KWS. The high priority risk areas identified, in 2015, and agreed by the CPC and Senior Management are:

25 KWS Corruption prevention Strategies in wildlife trafficking Furthermore, Kenya Wildlife Services (KWS) in recognizing that corruption facilitates illicit wildlife trafficking in protected species of wild fauna had to partner with UNODC to develop systems to fight corruption in relation to CITES COP 17 Doc.28 which urges Parties to adopt measures to prohibit, prevent, detect, and counter corruption.

26 Identification Corruption risk areas, In the context of the UNODC initiative, Preventing Corruption in Wildlife Authorities UNODC has worked with the KWS Corruption Prevention Committee (CPC) and KWS Senior Management to select high priority areas of work, based on risk analysis, and supported the development of risk mitigation strategies and actions to address vulnerabilities to corruption and corruption prevention in KWS. The high priority risk areas identified, in 2015, and agreed by the CPC and Senior Management are:

27 Identification Corruption risk areas cont. Poaching collusion Budgetary process Revenue collection Financial wastage Local travel External travel Vehicle maintenance Medical Organizational culture Procurement Staff Recruitment and placement

28 Benefits combating corruption It should be noted that addressing corruption linked to revenue collection and financial wastage is vital to ensure that KWS funds are available for use to protect Kenya s wildlife.

29 KWS Corruption prevention Intervention measures Further to the identification of the high priority risk areas, UNODC and KWS (CPC) carried out a workshop in August 2015, to discuss and refine the various mitigation strategies. A pilot work plan was developed based on the strategies, with aims at strengthening internal KWS systems, sensitize and educate staff and communities impacted by wildlife crime on corruption, and implementing preventative measures to combat future occurrences of corruption.

30 KWS Corruption prevention Intervention measures - Examples Some practical examples of areas in which KWS and UNODC have implemented interventions this year include: Asset Management areas in need of improvement have been identified. KWS is currently underway in strengthening policies in and systems in this area. Revenue Collection System KWS is currently installing a new fully integrated system in all parks. Corruption Prevention Policy and Code of Conduct both documents were revised and updated this year to be in-line with the new legislation in place. The documents will be disseminated to all staff by end of the year.

31 KWS Corruption prevention Intervention measures - Examples Revise the Armed Wing s Service Standing Orders and Disciplinary Code - the review of the KWS SSOs and Disciplinary Code started in July The Steering Committee has identified areas that require changes and the next stage is to meet with field officers in the coming months in various regions of the country for their input. The current Standing Orders date to This process will clarify what is acceptable practice for those most directly tasked with protecting Kenya s Wildlife. Procurement systems - Technical assistance to review and assess KWS s procurement systems and processes is ongoing, including the review tender documents, and the provision of expert advice on simplifying and improving the process.

32 Support for Funding Cost has been a partial driver of the areas of support selected by KWS and UNODC. As more funding becomes available the full strategy will be implemented.

33 Evaluation A survey to understand external perceptions of corruption occurrences and incidences linked to KWS is foreseen for The survey will study the key drivers of this type of corruption, the forms it takes and the impact associated to KWS. The desk research to structure this survey has commenced.

34 Evaluation While each of these priority areas is focused and has clearly achievable goals the overall impact is broad as each intervention not only closes specific corruption loopholes but reinforces the message that corruption is not tolerated within KWS.

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36 Q&A

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