9th aipa caucus policies, and agreements improved inter-agency coordination and information sharing...

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

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Presenters Mr. Brian Gonzales, Partnership Specialist and Objective Lead (Freeland) Ms. Sallie Yang, Legal Specialist (Freeland)

| FREELAND

1. AIPA–Freeland Partnership and Introduction to USAID WILDLIFE ASIA

2. Best Practices and Innovations - Highlights of model provisions and recommendations


FIXING SYSTEMS, NOT SYMPTOMS Policy reforms: Going beyond arrests and seizures

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2011-2012 2013-2016

2017

• 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


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

WILDLIFE ASIA THEORY OF CHANGE

Consumption and purchases of target wildlife products reduced

Obj.1.Reduce consumer demand through social and

behavior change communication (SBCC)

Obj. 4. Strengthen regional coordination on CWT among USG agencies

Obj. 3. Increase commitment of decision-

makers

Obj. 2. Strengthen regional law enforcement capacity and coordination

Messages developed, pretested, and delivered

to specific target audiences

Specific target audiences adopt and continue desired behaviors

Reduced Wildlife Crime and Illegal Trade

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


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

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National Assembly of Cambodia Parliamentary Institute of Cambodia Vishnu Group UNEP

The Team – Legislative Reforms

National Legislative Assembly of Thailand

National Assembly of Vietnam USAID Saving Species Vietnam

National Assembly of Lao PDR

US Congress

UK Parliament

ASEAN Inter-Parliamentary

Assembly MAF / Lao-WEN

MONRE / TH-WEN

MARD / MONRE / VN-WEN

MAFF / MOE / Cambodia-WEN

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UNEP

Policy Enforcement

IUCN-WCEL

Legal Atlas

- Brian Gonzales - Sallie Yang - Bussara (Pim) T. - Dariya S. - Adam M, ICCF

Mandate Powers


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

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- Brian Gonzales - Sallie Yang - Bussara (Pim) T. - Dariya S.

Supreme Court of Thailand Focal Points:

Justice Suppvit Tungthongjit, Deputy Secretary General of the SC

Judge Sathien Rungthongkhamkul, Chief Judge, Office of the President

The Team – Green Benches

Asian Judges Network on the Environment ASEAN Chief Justices Roundtable on the Environment Asian Development Bank

Official Counterpart

Agency of UWA in Thailand

US DOJ

Partnership Mechanism/ Mandate

Supreme Court of the Philippines

Through AJNE

Thailand Institute of Justice US Courts

UNEP

Deliverables: 1. National Workshops 2. Judicial Twinnings and Mentoring 3. Policy Enhancement – Court Rules 4. Representation


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


March 2017 – USAID Wildlife Asia Innovations in Counter Wildlife Trafficking Conference, Thematic Session “Innovations in Rule of Law (ROL), Policies and Environmental Jurisprudence”

March 2017 – 3rd Regional Dialogue on Preventing Illegal Logging and Trade of Rosewood “Rosewood Dialogue” Thematic Session “CWT Policy and Legislative Session”

July 2017 – the Africa-Asia Pacific Symposium on Strengthening Legal Frameworks to Combat Wildlife Crime - Parliamentary Perspectives Session

Royal Thai Government to organize a 4th Dialogue with an expanded theme “ASEAN Dialogue on CWT”, Sept 2017

Symposium Recommendations for more engagements with MPs


BEST PRACTICES AND INNOVATIONS


Functional area

How this pertains to the wildlife trade sector

Legislation

• 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

Oversight • Routine oversight (hearings, inspections, etc.) • Ad hoc oversight (one-off inquiries, special investigations)

Budgeting

• Reviewing and amending executive proposals for funding activities pertaining to wildlife trade

• Reviewing past expenditures for effectiveness, to inform future actions

Representation

• Organizing hearings with representatives of civil society and technical experts • Dialoguing with constituencies to hear their concerns about the wildlife trade

sector

Elective

• Reviewing/investigating high-level government officials in the wildlife trade sector

• Voting on the administration’s nominees for high level government positions


ASEAN Handbook on Legal Cooperation to Combat Wildlife Crime


8th AIPA Caucus 2016 : Working Group on CITES and Wildlife Protection, Luang Prabang , Lao PDR


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


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)


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


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


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. §§ 3371–3378) – Article 3375.


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


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”


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


Everything is connected: Livelihood and CWT

• BIOFIN (Biodiversity Financing) Laws • Conservation and restitution fund • Partnership • Community Engagement


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.

•


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


Contacts: Brian V. Gonzales

Partnership Specialist and Objective 3 Lead

USAID Wildlife Asia Activity

Freeland, USAID Contractor

[email protected]

Sallie C.W. Yang

Legal Specialist

USAID Wildlife Asia Activity

Freeland, USAID Contractor

[email protected]


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9th aipa caucus policies, and agreements improved inter-agency coordination and information sharing...

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