The 6 th Special Session of the African Ministerial Conference on the Environment (AMCEN) Background/Information Document Implementing the African Strategy on Combating Illegal Exploitation and Trade in Wild Fauna and Flora: The Role and Contribution of the Lusaka Agreement 1. In June 2015 the AU Summit of Heads of State and Government adopted decision EX.CL/Dec.879 (XXVII) which endorses the Brazzaville Declaration of the International Conference on Illegal Exploitation and Illicit Trade in Wild Flora and Fauna; the African Common Strategy on Combatting Illegal Exploitation and Illegal Trade in Wild Fauna and Flora and its Action Plan and calls upon Member States and AU Partners to support the popularization of the common strategy and facilitate the implementation of the action plan; 2. In Para 6, the Brazzaville Declaration Requests the African Union Summit to urge all African countries to consider the ratification/accession to existing continental instruments, such as the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora, as well as the Maputo Convention, in order to strengthen cooperation in fighting crime in wild flora and fauna 1 ; 3. This note gives a background and some successes of the Lusaka Agreement Convention and its Lusaka Agreement Task Force (LATF) for the information of AMCEN at its 6 th Special Session with the view of further advancing the spirit of the Brazzaville Declaration and the African Strategy on Combating Illegal Exploitation and Illegal Trade in Wild Fauna and Flora; 4. The Lusaka Agreement is one of the continental instruments with a good track record and high potential to further implement the African Strategy on Illegal Exploitation and Illegal Trade in Wild Fauna and Flora by, among others, promoting cross-border cooperation between African states, intelligence gathering and information sharing, mutual legal 1 This request is further reflected in Component 1 (Political commitment)- Action 3 -of the Strategy Page 1 of 5
assistance in compliance with and enforcement of environmental law as relates to illegal exploitation and illegal trade in wild fauna and flora; and confiscation, verification and disposal of illegally acquired wild fauna and flora and the products thereof both within Africa and between Africa and countries in other continents; 5. As envisaged in the Brazzaville Declaration and the African Strategy on Combating Illegal Exploitation and Illegal Trade in Wild Fauna and Flora, the AMCEN may call upon African countries and recommend for the wider ratification of and accession to the Lusaka Agreement. 6. The Lusaka Agreement was established to support the practical implementation of the CITES and other related biodiversity conventions/agreements at regional level in Africa. In particular, the Agreement was created for purposes of coordinating regional efforts aimed at reducing illegal trade in wild fauna and flora in Africa. The Agreement operates at national and regional level and Parties are obliged to co-operate with one another and with the Lusaka Agreement Task Force (LATF) to ensure the effective implementation of this Agreement. 7. Unlike other multilateral or regional environmental agreements, the Lusaka Agreement establishes a permanent inter-governmental wildlife enforcement institution namely Lusaka Agreement Task Force (LATF) to foster cooperation among states, support and coordinate efforts by Parties and Partners in search for practical solutions to regional enforcement problems and challenges related to wildlife crime. LATF was established in 1999 and administers the Lusaka Agreement and is its operational arm since inception in 1999. UNEP provides technical support to the Governing Council of the Parties to Lusaka Agreement and participates in the Council meetings and consults with LATF on implementation matters from time to time. 8. LATF conducts and coordinates joint wildlife-related enforcement actions within and across borders of member states in collaboration with national agencies through national focal points mainly operating in the national bureaus to the Agreement. The activities are drawn from LATF Strategic Plan developed in collaboration with Parties. These are conducted within the framework of five (5) key result areas namely: Cooperative Law Enforcement (intelligence, investigations, and enforcement operations), Capacity Building, Partnerships, Expanding Memberships and Financial Sustainability. 9. LATF activities are country driven with a regional focus and developed in collaboration with national bureaus and approved by the Governing Council of the Parties to Lusaka Agreement for implementation. As such LATF is best suited to play a critical role in drawing and developing actions from the Regional Strategy and coordinate National wildlife LEAs and Sub-Regional WENs in implementing the African Common Strategy. With its cross border mandate, LATF activities cover territories of the member states extended to neighbouring countries and transit/destinations of wildlife contraband originating/transiting from states parties to Lusaka Agreement. Page 2 of 5
10. LATF maintains strong relationship with UNEP through its Division of Environmental Laws and Conventions (DELC), Regional Office for Africa (ROA) and has developed strategic partnerships and proven experiences in fulfilling its mandate at regional, multiregional and international levels. African countries have utilized LATF to build bridges with source, transit and destination countries of wildlife contraband through partnerships with other regional WENs. LATF maintains memoranda of understanding (MoUs) with, among others, INTERPOL, WCO, CITES, COMIFAC, OCFSA, IFAW and RECSA and sound working relationship with other regions e.g. Asia through ASEAN-WEN, SAWEN, China-NICEG which strengthens its role as a regional inter-governmental law enforcement support hub. LATF also maintains close working relationship with partners (UNODC and USAID, ICCWC and GRASP Secretariats), countries and diplomatic missions, other IGOs and conservation NGOs operating in Africa in support of national and regional wildlife conservation efforts (TRAFFIC, AWF, Eagle Network, AFF, WCS, Freeland Foundation). 11. With its experience in wildlife law enforcement, LATF can ably play an integral role in networking at Sub regional and national levels in the implementation of the Strategy. 12. Cooperative law enforcement: LATF coordinates cooperative law enforcement operations among the National Bureaus of the Parties leading to arrest of suspects including kingpins and seizures of assorted specimens; LATF coordinates Inter-regional operations bridging source, transit and destination countries e.g. Operations Cobra I (2013), II (2014) & III (2015) and coordinates follow-up actions in and beyond Africa. In this respect, LATF assists countries to investigate high profile cases relating to violations of national laws and treaties pertaining to illegal trade wild fauna and flora specimens within and beyond Africa; LATF supported development of the African ivory database initiated by Faculty of Biology of the University of Washington Seattle for DNA profiling; it is pioneering implementation of Wildlife Enforcement Monitoring System (WEMS) developed by United Nations University of Japan as a common information sharing platform linking wildlife authorities and facilitating policy decision making in wildlife conservation and governance. 13. International Cooperation: LATF initiates and promotes bilateral cooperation among countries that help prevent, combat and eradicate trafficking in wild fauna and flora. Currently there are five (5) effective cross border bilateral mechanisms involving 14 countries and recently in February 2016 LATF spearheaded the establishment of Eastern Africa Wildlife Directors Forum involving Ethiopia, Kenya, Tanzania, South Sudan, Tanzania and Uganda. The initiative will be replicated in the other sub-regions towards establishment of an African wide (continental) Wildlife Directors Forum to enhance decision and policy making processes. 14. Capacity Building: LATF Capacity building programmes have a regional focus that facilitates better coordination and collaboration among National agencies to enhance protection of endangered iconic species through: Specialized /tailored training programs (At least 1200 enforcement personnel/officials trained since year 2000); Identify, procure and distribute specialized equipment (communication and surveillance); Interagency awareness/enforcement workshops (well established and operational working Page 3 of 5
mechanisms in all member states, cultivated synergy), development and maintaining specialised units within wildlife authorities with some operating at entry/exit points (e.g. canine units). 15. LATF carries out review of wildlife and forestry legislations and advises member states on areas of concern and harmonization, which has led to criminalisation of wildlife offences in most wildlife Acts by states. Also the use of multiple laws has been largely promoted to strengthen prosecutions and deter wildlife crime. 16. In implementing Decisions of the Governing Council of the Parties to Lusaka Agreement, LATF collaborated with UNEP, AMCEN Secretariat and other UN Agencies, international organisations to profile wildlife crime as a serious crime within AU and UN Systems. This has led to commendable high level interventions resulting in regional and global momentum to tackle the vice. The holding of a series of specialised regional and international conferences, the US President s Executive Order that led to establishment of INL and IWT financing mechanisms by US Department of State and UK Government respectively as well as development and adoption of the African Common Strategy on Combating Illegal Exploitation and Illegal Trade in Wild Fauna and Flora among others initiatives illustrate the impact of the Lusaka Agreement. 17. The main focus of the Strategy is law enforcement and compliance. Most of the strategies, activities and actions planned under the African Common Strategy align well with LATF s mandate and are being discharged continuously in the continent albeit with limited resources and geographical scope which require to be enhanced further. Most high level meetings/conferences held in the African continent have recommended for strengthening of existing regional institutions/frameworks with a view of leveraging on their experiences in addressing wildlife and forestry crime challenges. In this respect, AUC could consider endorsing the Lusaka Agreement as its continental working instrument/mechanism and consequently transform the permanent Task Force (LATF) into a continental wildlife law enforcement agency to support the regional conservation agenda. 18. LATF has the requisite capacity, effectiveness and experience and is keen to be fully involved, given a prominent role and mainstreamed in the envisaged institutional framework for implementing/coordination of the African Common Strategy on combatting illegal exploitation and illegal trade in wild fauna and flora in under the auspices of AUC and in collaboration with RECs and MS. Page 4 of 5
COORDINATION MECHANISM AND IMPLEMENTATION FRAMEWORK OTHER OTHER RELEVANT UN BODIES AND INTERNATIONAL ORGANISATIONS AFRICAN UNION COMMISSION Department of Natural Resources Overall Coordination Office DEVELOPMENT PARTNERS & DONOR COMMUNITY Provide technical and financial resources REGIONAL - WLEA Lusaka Agreement Task Force LATF Coordinate National wildlife LEAs and Sub-Regional WENs as well as other regional wildlife enforcement Networks/agencies RECs - SUB-REGIONAL WENs Economic Blocks Wildlife Protocols Draw and implement subregional strategies ICCWC PARTNERS Technical support (CITES, INTERPOL,WCO, UNODC and World Bank) NATIONAL FOCAL POINTS (Wildlife & Forestry Authorities) Draw and implement national strategy CONSERVATIONS NGOs OTHER NATIONAL LEAs LOCAL COMMUNITIES civil society, major groups and other stakeholders Page 5 of 5