9 th AIPA Caucus Working Group on CITES and Wildlife Protection 19 July 2017, Fairmont Hotel, Jakarta, Indonesia 11/20/2017 1

Transcription

1 9 th AIPA Caucus Working Group on CITES and Wildlife Protection 19 July 2017, Fairmont Hotel, Jakarta, Indonesia 11/20/2017 1

2 Presenters FREELAND Mr. Brian Gonzales, Partnership Specialist and Objective Lead (Freeland) Ms. Sallie Yang, Legal Specialist (Freeland) 1. AIPA Freeland Partnership and Introduction to USAID WILDLIFE ASIA 2. Best Practices and Innovations - Highlights of model provisions and recommendations 11/20/2017`1 FOOTER GOES HERE 2

3 FIXING SYSTEMS, NOT SYMPTOMS Policy reforms: Going beyond arrests and seizures 11/20/2017`1 FOOTER GOES HERE 3

4 Launch of ARREST Execom Yogyakarta 2012 Lombok GA Resolution 2012 LOC with ARREST / Freeland Joint mission to Vietnam CWT Oversights in TH AIPA General Assemblies + Meetings AIPA attends ASEAN-WEN meetings Rumble in the Jungle 2015 (TH) SOMTC upgrading support 2015 Launch of the ASEAN Legal Handbook Oversights in BD, TH, PH KL Resolution 2015 and MOU AIPA Caucus (Wildlife), Lao PDR ACCPCJ Nov 2016 Bangkok USAID Wildlife Asia Innovations Conference (Policy Session), Bangkok Rosewood Dialogue (now ASEAN CWT Dialogue), Bangkok Special CWT Session by NLA Thailand Work Planning in Lao PDR, VN 11/20/2017 FOOTER GOES HERE 4

5 Funding Agency and Implementing Partners Funding Agency - United States Agency for International Development (USAID) Regional Development Mission for Asia (RDMA) based in Bangkok Prime Contractor IRG (now RTI) Implementing Partners (Sub-contractors) Freeland (Partnerships and Coordination) FHI 360 (SBCC for Demand Reduction) IFAW (Hub NGO for China) USAID Wildlife Asia Project Office based in Bangkok 11/20/2017 FOOTER GOES HERE 5

6 Obj.1.Reduce consumer demand through social and behavior change communication (SBCC) Obj. 2. Strengthen regional law enforcement capacity and coordination WILDLIFE ASIA THEORY OF CHANGE Obj. 3. Increase commitment of decisionmakers Obj. 4. Strengthen regional coordination on CWT among USG agencies Messages developed, pretested, and delivered to specific target audiences Specific target audiences adopt and continue desired behaviors Improved laws / policies are implemented Improved enforcement and prosecution of existing laws, policies, and agreements Improved inter-agency coordination and information sharing Focused mandate for strengthened coordination and cooperation exists USG Coordination Group effectively coordinating regional CWT approaches Consumption and purchases of target wildlife products reduced Reduced Wildlife Crime and Illegal Trade

7 Other USAID Projects with CWT components working with Parliaments USAID BIJAK - Build Indonesia to Take Care of Nature for Sustainability, Indonesia USAID PROTECT Wildlife Philippines USAID Saving Species Vietnam 11/20/2017 FOOTER GOES HERE 7

8 The Team Legislative Reforms US Congress ASEAN Inter- Parliamentary Assembly Legal Atlas APCEL - NUS - Brian Gonzales - Sallie Yang - Bussara (Pim) T. - Dariya S. - Adam M, ICCF UNEP Mandate AIPA Res.36GA/2015/Org/09 Resolution on Strengthening Law Enforcement and Regional Cooperation to Combat Wildlife Crime, Policy National Assembly of Lao PDR National Legislative Assembly of Thailand National Assembly of Vietnam USAID Saving Species Vietnam National Assembly of Cambodia Parliamentary Institute of Cambodia Vishnu Group UNEP Powers Legislation and Parliamentary Oversights Enforcement MAF / Lao-WEN MONRE / TH-WEN MARD / MONRE / VN-WEN MAFF / MOE / Cambodia-WEN UK Parliament IUCN-WCEL 11/20/2017

9 Legislation Support Partners Main Partners AIPA Secretariat and AIPA Member Parliaments U.S. Agency for International Cooperation (USAID) Asia Pacific Centre for Environmental Law (APCEL) Faculty of Law of the National University of Singapore (NUS) United Nations Environment Programme (UNEP) International Conservation Caucus Foundation (ICCF) U.S. Department of Justice U.S. Congress Potential Partners U.K. Parliament IUCN World Commission on Environmental Law Legal Atlas 11/20/2017 FOOTER GOES HERE 9

10 The Team Green Benches UNEP US DOJ - Brian Gonzales - Sallie Yang - Bussara (Pim) T. - Dariya S. US Courts Thailand Institute of Justice Partnership Mechanism/ Mandate Official Counterpart Agency of UWA in Thailand Through AJNE Asian Judges Network on the Environment ASEAN Chief Justices Roundtable on the Environment Asian Development Bank Supreme Court of Thailand Focal Points: Justice Suppvit Tungthongjit, Deputy Secretary General of the SC Judge Sathien Rungthongkhamkul, Chief Judge, Office of the President Supreme Court of the Philippines Deliverables: 1. National Workshops 2. Judicial Twinnings and Mentoring 3. Policy Enhancement Court Rules 4. Representation 11/20/

11 Promote an enabling legislative, policy, judicial, and regulatory environment for combating wildlife crime. Legal & policy research desk based research, and Country Missions to TH, VN, LA and KH to create a policy recommendations of priority laws, an analysis of AIPA members legislative frameworks to determine CWT prioritization levels for each focus country Capacity building: KH, TH, LA Parliamentarians (MPs) and Staff, ASEAN-WEN Legal Support Task Force (Lao- WEN) Prosecutors, and the Judiciary (1 National Workshop for the Supreme Court of Thailand) Partners: ASEAN Inter-Parliamentary Assembly (AIPA), National Assembly of Lao PDR, National Legislative Assembly of Thailand, National Assembly of Cambodia, NUS Asia Pacific Centre for Environmental Law (APCEL), US DOJ, Supreme Court of Thailand. Potentially ICCF, IPU and UNEP 11/20/2017 FOOTER GOES HERE 11

12 March 2017 USAID Wildlife Asia Innovations in Counter Wildlife Trafficking Conference, Thematic Session Innovations in Rule of Law (ROL), Policies and Environmental Jurisprudence March rd Regional Dialogue on Preventing Illegal Logging and Trade of Rosewood Rosewood Dialogue Thematic Session CWT Policy and Legislative Session Royal Thai Government to organize a 4 th Dialogue with an expanded theme ASEAN Dialogue on CWT, Sept 2017 July 2017 the Africa-Asia Pacific Symposium on Strengthening Legal Frameworks to Combat Wildlife Crime - Parliamentary Perspectives Session Symposium Recommendations for more engagements with MPs 11/20/2017 FOOTER GOES HERE 12

13 BEST PRACTICES AND INNOVATIONS 11/20/2017`1 FOOTER GOES HERE 13

14 Functional area Legislation Oversight Budgeting Representation Elective How this pertains to the wildlife trade sector Initiating laws pertaining to wildlife trade Reviewing and amending existing laws or those proposed by the executive Ratifying treaties & making domestic law reflect international obligations Routine oversight (hearings, inspections, etc.) Ad hoc oversight (one-off inquiries, special investigations) Reviewing and amending executive proposals for funding activities pertaining to wildlife trade Reviewing past expenditures for effectiveness, to inform future actions Organizing hearings with representatives of civil society and technical experts Dialoguing with constituencies to hear their concerns about the wildlife trade sector Reviewing/investigating high-level government officials in the wildlife trade sector Voting on the administration s nominees for high level government positions 11/20/2017 FOOTER GOES HERE 14

15 ASEAN Handbook on Legal Cooperation to Combat Wildlife Crime 11/20/2017 FOOTER GOES HERE 15

16 8 th AIPA Caucus 2016 : Working Group on CITES and Wildlife Protection, Luang Prabang, Lao PDR 11/20/2017 FOOTER GOES HERE 16

17 STATEMENT OF WORK: COUNTER WILDLIFE TRAFFICKING (CWT) LEGISLATIVE FRAMEWORKS AND POLICY RECOMMENDATIONS 1. Development of a guidance and research frameworks utilizing the ASEAN Handbook on Legal Cooperation to CWT 2. Interviews and correspondences with national parliaments and partners (National WENs); 3. Findings and policy recommendations from (1) Legal Thematic Session of Innovations Conference, (2) CWT Policy Session of Rosewood Dialogue (3) 2016 AIPA Caucus Working Group on CITES and Wildlife Protection, etc.; 4. National legal and regulatory framework and enforcement measures of other (more successful) member states, if applicable; 5. Academic and peer reviewed literatures available, and; 6. Best Practices - Short descriptions and highlights of Key Innovations and model provisions from other jurisdictions or laws 11/20/2017 FOOTER GOES HERE 17

18 Examples of Best Practices and Key Innovations BEST PRACTICES SHORT DESCRIPTIONS AND HIGHLIGHTS OF KEY INNOVATIONS OR MODEL PROVISIONS FROM OTHER JURISDICTIONS OR LAWS 1. Internationally-recognized Definitions 2. Conservation fund for wildlife enforcement purposes (US and Philippines) 3. Forfeitures 4. Penalties for corporate bodies and government officials 5. Fines calculated based on actual value of the goods (Customs model) 6. Rewards systems for enforcers 7. Imposition of perpetual disqualification to public office of convicted government official 8. Appointment of specialized CWT prosecutors 9. Community or Private sector deputation as Wildlife Enforcement officers (WEOs) 10. Restitution /compensation 11. Lacey-act type of legislation or provisions (US) 12. Online wildlife trading 13. Online Petitions (Models from UK and Germany) 11/20/2017 FOOTER GOES HERE 18

19 Where is the Money? : Conservation Fund Relevant tools Legislation Oversight Budgeting We need to make sure that counter wildlife trafficking efforts are adequately funded. Part of this is by asking for proper funding in annual budgets. We also need to come up with innovative mechanisms, such as rapid response pools, or putting the proceeds of confiscations in a special fund just for wildlife (as is currently done in the Philippines). Examples of good practice in conservation finance: Biodiversity Financing (BIOFIN) Philippine Republic Act (RA) 9147 Wildlife Management Fund US Endangered Species Act 1973: Cooperative Endangered Species Conservation Fund 11/20/2017 FOOTER GOES HERE 19

20 Living in Harmony: Harmonizing species protection and penalties Relevant tools Legislation Oversight There is a real problem with the disparity in the protection level of wildlife in the region. We need to harmonize protections & penalties throughout the region. This is especially the case with non-native species. If a non-native species makes it across the border, then too often there is no way to take enforcement action, if the species is not specifically mentioned in the law. Examples of good practice in harmonizing national laws & regulations: CITES & international obligation TH draft WARPA KH draft environmental code 11/20/2017 FOOTER GOES HERE 20

21 Sharing the Bounty : Rewards to Informants Relevant tools Legislation Oversight Budgeting We need to give rewards to informants. And share with them a percentage of any profits that we make from confiscations. Examples of good practice in incentivizing anti-wildlife trafficking actions: SG, PH, Nepal, TH: Rewards for informants (KH soon). Lacey Act United States (16 U.S.C ) Article /20/2017 FOOTER GOES HERE 21

22 All in the Family: Involving and Deputizing Communities Relevant tools Oversight Representation There aren t enough funds for full-time enforcement. So, the next best thing Is to get community sources. We need to take this seriously, even deputizing members of civil society as wildlife enforcement officers, as is done in the Philippines Examples of good practice community involvement: Philippines Indonesia India 11/20/2017 FOOTER GOES HERE 22

23 The Whip and the Hammer: Prosecution and Judiciary Relevant tools Legislation Oversight We need to enable a higher success rate in prosecutions. We need to provide oversight to the judicial system, making sure wildlife crime is taken serious. We can also develop special courts that focus solely on environmental crime. Examples of good practice in prosecutorial oversight and support: PH House Bill 177, Section 19. Special Prosecutor and Retained Counsel Thailand/Malaysia/Indonesia: Green Courts and specialized Judges PH Supreme Court Rules of Procedures on Env Cases Writ of the Environment 11/20/2017 FOOTER GOES HERE 23

24 What you know is good, who you know is even better: Developing and harnessing Partnerships Relevant tools Legislation Oversight Budgeting Representation Elective Partnerships are key Examples of good practice in collaborations: Inter-committee hearings and dialogues Networking through ASEAN, AIPA or IPU High-level networking, Legislative-Executive councils East Africa Legislative Assembly 11/20/2017 FOOTER GOES HERE 24

25 Everything is connected: Livelihood and CWT BIOFIN (Biodiversity Financing) Laws Conservation and restitution fund Partnership Community Engagement 11/20/2017 FOOTER GOES HERE 25

26 One Click away: E-Petition Relevant tools Legislation Oversight Budgeting Representation Elective Petitions are an easy way to make sure that concerns are heard by Government and Parliament. E-petitions enable members of the public to petition The UK example In UK Government, anyone can start a petition as long as they are a British citizen or UK resident. If a petition gets 10,000 signatures, the government will respond. If a petition gets 100,000 signatures, it will be considered for a debate in Parliament. 11/20/2017 FOOTER GOES HERE 26

27 Next Steps/ Recommendations Policy Packages Developed for partner Parliaments Support for Legislative Oversights and Research to AIPA MPs Work Plans / Field Missions in Lao PDR, Thailand, and Cambodia AIPA MPs visit to Washington DC for an Africa-Asia-US Legislative Meeting Posting of Policy Fellows in Lao PDR, Cambodia or AIPA Secretariat 11/20/2017 FOOTER GOES HERE 27

28 Contacts: Brian V. Gonzales Partnership Specialist and Objective 3 Lead USAID Wildlife Asia Activity Freeland, USAID Contractor Brian.Gonzales@usaidwildlifeasia.org Sallie C.W. Yang Legal Specialist USAID Wildlife Asia Activity Freeland, USAID Contractor Sallie.Yang@usaidwildlifeasia.org 11/20/2017 FOOTER GOES HERE 28

29 Terima Kasih 11/20/2017 FOOTER GOES HERE 29