Environmental crime

Guidance note to UNODC Field Offices

18 December 2008

Drafted by an UNODC Inter-Divisional Team coordinated by the Integrated Programming Unit

Introduction

It is widely recognized that environmental crime is an increasing challenge in both developed and developing countries. The impact of the illegal activities broadly covered by the terms “environmental crime” is manifold, and goes well beyond its adverse effect on the environment and biodiversity. Crimes against the environment have serious social, developmental and economic consequences, particularly in least developed countries, and are a threat to basic human rights.

Fighting against environmental crime is, therefore, a direct contribution to one of the eight Millennium Development Goals of ensuring Environmental Sustainability. By protecting the habitat and the resources of rural populations, organisations involved in this fight in this effort also contributes to the eradication of extreme hunger and the alleviation of poverty.

Environmental crimes affect economically marginalised communities, since their livelihoods are more immediately linked to their dependence on natural resources. The loss of income from legal trade of natural resources erodes the revenues of Governments and undermines their ability to implement their development programmes and to strengthen the Rule of Law. By overexploiting forest, wildlife, water resources, and smuggling hazardous wastes and ozone-depleting substances, criminal organisations jeopardize the stability of the ecosystems, and their ability to provide clean air, hydrological stability and food for future generations.

The proportions assumed by environmental crime can hardly be overestimated. The demand for the commodities involved is increasing, thus providing a growing incentive for criminals to engage in these lucrative activities. There is increasing evidence that these crimes are often perpetrated by individuals and groups, including organized criminal groups, operating trans-nationally and often involved in other forms of illicit trafficking.

In some cases, trafficking of natural resources or hazardous waste poses a threat not only to environmental conservation, health, economic growth or the sustainable development of local communities, but also to the security and stability of countries as a whole. In conflict and post conflict countries, it has been observed that criminal and armed groups often engage in the exploitation and illicit trafficking of natural resources.

1. Purpose of the guidance note

The purpose of this guidance note is to outline how UNODC can best formulate and deliver technical assistance activities that will help countries to address the problems posed by environmental crime at both the regional and the national level.

Through its network of Field Offices, UNODC can play an important role in helping Member States to address serious issues posed by environmental crime. The Office’s solid expertise in countering various forms of illegal trafficking (in illicit drugs and firearms, for instance) and in addressing governance issues which often are at the origin of illicit trafficking can be successfully applied in this sector. Many of the services and tools mentioned in the UNODC Menu of Services are highly relevant to the prevention and curbing of trafficking of natural resources or hazardous waste and should be made available to Member States and other interested parties confronted with these issues.

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Some Field Offices have already engaged in programme development initiatives (see Annex 1). The guidance note takes stock of what has been done so far and provides strategic guidance, indicating possible areas where UNODC expertise can pave the way for further programming opportunities. Ultimately, Field Offices are best placed to identify areas where national governments could benefit from UNODC assistance.

2. Forms of environmental crime

For the purposes of this guidance note, International Environmental Crime can be defined across a range of offences which have been recognized by bodies such as Interpol, the G8 EU, UN Environment Programme and the UN Interregional Crime and Justice Research Institute. Such serious environmental crimes can be divided into two broad categories:

a) Illicit trafficking in natural resources:

Illegal trade in Wildlife in contravention to the 1973 Washington Convention on International Trade in Endangered Species of fauna and Flora (CITES);

Illegal logging and trade in timber, where 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);

Illegal, unregulated and unreported (IUU) fishing in contravention of controls imposed by various regional fisheries management organisations (RMFOs) and;

Illegal exploitation and trafficking in minerals and precious stones such as oil (referred to as oil bunkering’ in West Africa), precious stones (such as diamonds, emeralds, tanzanite) and minerals (such as gold, uranium, coltan).

b) Illicit trafficking in ozone depleting substances and hazardous waste:

Illegal trade in ozone-depleting substances (ODS) in contravention of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and;

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, and of the 1996 Protocol to the Convention on Prevention of Marine Pollution by Dumping of Wastes and other Matters, 1972. 1

3. UNODC existing mandates 1 See also the 2004 Stockholm Convention on Persistent Organic Pollutants and the 2004 Rotterdam Convention promoting shared responsibilities in relation to importation of hazardous chemicals.

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The transnational nature of environmental crimes, the established involvement of organized criminal groups as well as the governance failures which often sustain these forms of criminality, make them highly relevant to UNODC mandates. Forest products, including timber, wildlife and other forest biological resources, and hazardous waste are the object of illicit international trafficking often perpetrated by organized criminal groups that might operate transnationally and might be engaged in other illicit trafficking, often relying on governance failures in the criminal justice system (law enforcement, prosecution, judiciary etc.). The link between the activities of such criminal groups, the fostering of conflict and the resultant impact upon peace and security is of particular concern.

In 2007, the Commission on Crime Prevention and Criminal Justice in its resolution 16/1, “International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources”2 strongly encouraged Member States to cooperate at bilateral, regional and international levels to prevent, combat and eradicate these forms of illicit trafficking by applying the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption.

a. General mandates

UNTOC

Serious environmental crime - such as illicit trafficking in natural resources and hazardous waste – falls within the scope of the United Nations Convention against Transnational Organized Crime (UNTOC). This Convention applies not only to the four basic offences (participation in an organized criminal group, money laundering, corruption and obstruction of justice) and to the offences defined under the Protocols (trafficking in human beings, smuggling of migrants, trafficking in firearms), but also to all serious crime 3

with a transnational and organized crime aspect.

Since both the perpetration and the effects of environmental crime are often transnational in nature, and given the repeated and demonstrated involvement of organized crime in those undertakings, there is considerable potential for invoking the UNTOC Convention in a legal response to these specific forms of trafficking.

The General Assembly affirmed the relevance of the UNTOC to fighting illicit trafficking in natural resources in its Resolution 55/25 of 15 November 2000, in which it stated that the UNTOC “constitutes an effective tool and the necessary legal framework for international cooperation in combating such criminal activities as illicit trafficking of protected species of wild flora and fauna, in furtherance of the principle of the Convention on International Trade in Endangered Species of Wild Flora and Fauna” (CITES).

The UNTOC Convention offers a particularly effective mechanism for international cooperation in criminal matters, by providing a broad and flexible legal basis for cooperation on extradition, mutual legal

2 Resolution 16/1 on International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources. E/2007/30/Rev.1- E/CN.15/2007/17/Rev.1. Available at http://www.unodc.org/unodc/en/commissions/CCPCJ/ccpcj-reports.html3 Serious crime is defined under UNTOC as a conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years.

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assistance and international cooperation for purposes of confiscation among its 148 States Parties with regards to all forms of serious crime.

UNCAC

Insofar as the different forms of trafficking mentioned above are closely connected with corrupt practices, the United Nations Convention against Corruption (UNCAC) provides an important legal basis for international cooperation in combating them. This Convention, which is the first global legally binding instrument against corruption, builds on the precedent of the Convention against Transnational Organized Crime and incorporates a substantial number of its provisions on international cooperation. Some of these provisions enable an extremely flexible approach to overcoming traditional impediments to international cooperation in criminal matters, such as that of the strict application and determination of the double criminality requirement.

The UNCAC also contains a comprehensive set of preventive measures aimed at establishing integrity, transparency and accountability that can help curb corruption in the national institutions involved in the fight against environmental crimes (among law enforcement authorities, environmental agencies, customs, etc.). These include measures on the public as well as the private sectors (articles 7 and 12, respectively), codes of conduct for public officials (art. 8), rules on procurement (art. 9) and money laundering (art. 14), a mechanism for public reporting (art. 10) and measures to ensure the involvement and the participation of civil society, NGOs and community-based organisations in the fight against corruption (art. 13).

b. Specific mandates

Concerning wild flora and fauna, ECOSOC Resolution 2001/12, Illicit trafficking of protected species of wild flora and fauna, urges Member States to adopt, in accordance with the CITES Convention, the legislative or other measures necessary for establishing illicit trafficking in protected species as a criminal offence in their domestic legislation. Two years later, ECOSOC endorsed a stronger resolution with the same title (Resolution 2003/27), which requests Member States to cooperate with UNODC (as well as with the secretariats of CITES and the Convention on Biological Diversity) in order to prevent, combat and eradicate trafficking in protected species of wild flora and fauna. The latter resolution also urges Member States to adopt preventive measures, where necessary, as well as to review their criminal legislation with a view to ensuring that offences relating to trafficking in protected species of wild flora and fauna are punishable by appropriate penalties that take into account the serious nature of those offences

The Commission on Crime Prevention and Criminal Justice addressed the issue of illicit trafficking of forest products in 2007 in its Resolution 16/1 entitled International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources. The resolution recognises the important potential role of UNODC in preventing, combating and eradicating such trafficking. It also urges the Office, subject to extra budgetary resources, to invite interested Member States to an open-ended expert group meeting for the purpose of exchanging information, identifying ways of improving national capabilities to prevent and combat such trafficking and identifying the needs of Member States for international cooperation and/or technical assistance. The Commission calls on the Office and the United Nations Forum on Forests to exchange

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information on matters related to forest law enforcement and governance and to explore ways to increase synergies.

In accordance with Resolution 16/1, the Open-ended Expert Group Meeting on International Cooperation in Preventing and Combating Illicit International Trafficking in Forest Products, including Timber, Wildlife and other Forest Biological Resources” was convened in Jakarta, Indonesia, from 26 to 28 March 2008. The expert group reflected a broad range of expertise from different sectors, including forest management, law enforcement and forest law enforcement and governance. Its report4 provides an account of the discussions on the economic, social and environmental impact of illicit international trafficking in forest products, its relation to other crimes such as organized crime, corruption and money-laundering, as well as the appropriate legal and law enforcement responses to curb the criminal activities under consideration. The report also transmits the views of the experts on ways and means to:

foster international cooperation to combat this form of trafficking through the use, where applicable, of UNTOC and UNCAC; and

enhance the institutional capacity of law enforcement and forestry authorities to enforce the rule of law in the forest sector.

4. Technical assistance that can be provided by UNODC

Environmental crime is often carried out by organised crime syndicates relying on small farmers and other marginalized populations, and it almost always involves other illicit activities, such as corruption, money laundering, forgery, illegal transportation, firearms trafficking and other forms of serious crimes. UNODC has a clear comparative advantage in this respect, thanks to its extensive experience in combating organised crime and illicit trafficking, providing sustainable livelihoods and countering corruption and money laundering. The skills and the tools developed by the Office in these areas can be redirected or easily adapted to fighting criminal activities such as illegal logging or illicit trafficking of precious metals, toxic waste or endangered species.

In dealing with environmental crime UNODC should adopt a comprehensive and multidisciplinary response, pooling its legal, analytical and technical expertise to develop an integrated, holistic approach. Enhancing capacity in data collection and analysis, strengthening legislation and regulatory frameworks, as well as international cooperation in criminal matters, promoting sustainable livelihoods through development assistance, improving monitoring systems and facilities for tracking illegal logging and trends in crime, law enforcement and judicial officials training, and general awareness raising are all components that should be integrated into a coherent strategy. Likewise, from a thematic point of view, UNODC response can – and should – take advantage of the existing expertise in different sectors, from counter narcotics to anti-corruption, from money laundering to forensics, for the purpose of making government institutions less vulnerable to the multifaceted challenges of environmental crime and ensuring that each link in the chain of both prevention and response are addressed.

As a traditional interlocutor of public security and justice ministries, UNODC is uniquely positioned to play a bridging role between security and developmental aspects of environmental crime by capitalizing

4 Report of the meeting of the Open-ended Expert Group on International Cooperation in Preventing and Combating Illicit International Trafficking in Forest Products, including Timber, Wildlife and Other Forest Biological Resources, held in Jakarta from 26 to 28 March 2008. E/CN.15/2008/20. Available in http://www.unodc.org/unodc/en/commissions/CCPCJ/session/17.html

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upon its understanding of criminal justice needs and of the modus operandi of organised criminal groups and networks. In this regard, UNODC could provide a strategic platform to ensure proper interagency coordination between all relevant actors (environmental agencies, law enforcement, prosecution, customs authorities etc), at the global, regional or national levels.

UNODC Field Offices have recently begun developing several projects concerning environmental crime in selected regions. These projects have been elaborated in response to recipient needs and have secured funding in a relatively short time, demonstrating the relevance of UNODC skills in the fight against the trafficking of natural resources. Drawing on these initiatives, the following is a brief outline of practical technical assistance activities that can be carried out in full compliance with UNODC mandates.

At the global level, UNODC initiatives in the field of environmental crime should focus on understanding/mapping illicit trafficking activities. As in the case of other forms of transnational trafficking activities, there is a need to follow the trade, rather than the borders.

Activities that could be included are:

conducting threat assessments by collecting and analysing data on illicit trafficking and the connections to organized crime groups, including trends, routes, laundering of funds and links to the financing of other criminal activities;

conducting a study on the direct and indirect environmental impacts of transnational organized crime.

At the regional level, UNODC programme development initiatives in the field of environmental crime aims to enhance horizontal cooperation and support and facilitate regional and cross border activities among national law enforcement and judicial agencies. In this regard, UNODC can be instrumental in bringing together not only experts from governments, but also from other stakeholders, including UN entities, the private sector and civil society organisations.

Activities that could be carried out at the regional level include:

regional assessments of the links between organized crime and the perpetration of environmental crime and the impact thereof (as part of a more general overview of trafficking issues, such analytical work is already being conducted in East Asia, West Africa and East Africa);

creating regional networks of relevant domestic agencies (including, for example, law enforcement agencies, border control and customs authorities, forestry departments and forest management authorities and judicial authorities dealing with cases requiring international cooperation), which could collaborate with regional organisations to prevent and combat specific forms of environmental crime;

establishing and convening open-ended groups of experts entrusted with tasks such as: providing directions and guidance on practical counter-measures; exchanging information, including law enforcement information, on individuals and

groups, including organized criminal groups, as well as trends, routes and activities connected with illicit international trafficking;

exchanging best practices on domestic legislation and regulations as well as on investigation techniques;

discussing best ways and means to deliver technical assistance;

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identifying the needs of Member States for international cooperation and/or technical assistance with respect to enhancing national capabilities to prevent and combat international illicit trafficking;

developing regional monitoring of data collection systems comprised of online data collection mechanisms, geographic information systems, annual reports and a web-based clearing house.

At the national level, UNODC should seek to assist governments in addressing environmental crime in their overall process of rule of law reform. So far, such assistance has been limited to stand-alone projects targeting a specific issue (e.g. forest crime) in all its aspects. However, insofar as traditional UNODC activities (e.g. container programme, sustainable livelihoods/alternative development programme, etc.) are relevant and applicable to environmental crime, activities could also be developed and designed as separate components of existing initiatives or as part of a broader programme (e.g. border control or anticorruption). UNODC is also in a position to engage in partnerships with other UN agencies, NGOs and entities with competence in this field to leverage expertise and experience to effectively value environmental crime. Ensuring appropriate coordination among different national authorities (particularly enforcement authorities) is a cross cutting, yet fundamental issue applicable to any activity that UNODC might consider in this field.

Activities that could be carried out at the national level include:

a. Assessment and gap analysisi. assessing information related to the involvement of organized criminal groups and networks in

illicit traffickingii. conducting threat assessments through the collection and analysis of data related to illicit

trafficking, including trends, routes, laundering of funds derived from illicit trafficking and links between this traffic and the financing of other criminal activities

iii. conducting vulnerability assessments by collecting and analysing data related to private and public responses to combat illicit trafficking, including data on border control methodology, control marking systems, technology solutions for detecting natural resources/hazardous waste and methodology to identify places of origin (i.e. satellite imagery)

iv. conducting field surveys to determine what drives small farmers and marginalized populations to engage in illegal logging

b. Development and update of national legislationi. systematically collecting relevant domestic laws and analysis of relevant criminal offences (waste

management and disposal, illegal logging etc)ii. collecting, reviewing and analysing information on the use of the UNTOC and UNCAC to counter

traffickingiii. promoting awareness of the need to establish environmental crimes as serious criminal offences,

with a view to ensuring that they meet the serious crime threshold as defined under UNTOCiv. providing legal assistance and support for putting in place appropriate legal frameworks and

streamlining applicable laws and regulations

c. Institution buildingi. supporting the development of national strategies to address and respond to environmental

crime threats

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ii. supporting specialized national responses such as the establishment of inter-governmental agency task forces and specialized enforcement units

iii. fostering interagency coordination and operational coordination supporting/encouraging the establishment of direct channels of communication for information sharing among agencies, NGOs and communities

iv. establishing a notification system to detect and arrest perpetrators of relevant crimesv. developing software systems designed for government, customs and police services in order to:

- develop risk indicator/profile checklists, which could include suspicious transportation entities involved, unusual transportation routes

- develop a checklist for the verification of export/import documentation of natural resources/hazardous waste

- develop a profile indicator system software that makes it possible to focus investigative efforts on those transfers/shipments of natural resources/hazardous waste for which a potential clandestine delivery is indicated

- strengthen the capabilities of border control agencies to assess risk and analyse intelligence

- procure basic security and technical equipment, including computer hardwarevi. strengthen national development agencies in order to enable them to address the underlying

factors that lead individuals or groups to engage in illegal logging and/or the traffic of wildlifevii. foster the sharing among states of best practices and lessons learned in efforts to provide licit-

income generating opportunities for those involved in illegal logging and/or the illicit trafficking of wildlife

d. Strengthening law enforcement responsesi. analysing training needs of relevant officialsii. developing specialized training curricula, materials and syllabuses, including computer-based

training modules, to train police, public security and customs officials and, where appropriate, private companies inspectors

iii. developing training and sensitisation programmes for law enforcement authorities to upgrade their investigations and prosecution abilities, including:

- training on evidence collection techniques salient for the relevant crime, such as forensic investigation and analysis of satellite imagery

- training on controlled deliveries and on identification of the commodities trafficked- training on investigative techniques and searches on vessels, including for the purposes

of fighting maritime pollution- training on collecting criminal intelligence related to the relevant crime and associated

corruption- training on monitoring financial transactions of politically exposed persons, senior law

enforcement and other relevant officers (senior forestry officials, timber concessionaries and owner of logging and timber processing companies)

- training on handling the relevant commodity (hazardous waste/wildlife etc) after confiscation

iv. establishing effective container controls to prevent the trafficking of illicit goods through the creation of joint port control units and training of relevant law enforcement bodies (e.g. customs and police)

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v. training programmes for judges and prosecutors to enable them to effectively handle environmental crime, including seizure/forfeiture and confiscation of instruments/products and proceeds of these crimes

vi. training programmes for central authorities and practitioners in charge of international judicial cooperation to enable them to effectively apply international cooperation mechanisms on extradition, mutual legal assistance and international confiscation

vii. training on the safe handling, storage and disposal of detected and seized chemicals used in the illicit manufacture of drugs

viii. assistance in developing improved detection methodsix. assistance in establishing specialised enforcement units at the domestic levelx. encouraging and supporting the creation of networks for information-sharing

e. Awareness raising, advocacyi. consulting with national and local communities in key source regions and with industry

representatives in source, transit and destination pointsii. designing, developing and coordinating with government institutions as well as autonomous

regional and local entities, prevention campaign on the social and environment impact of illicit trafficking

iii. empowering local NGOs on awareness raising in environmental issues

5. Potential partnership with relevant actors

There are numerous international actors and stakeholders – including UN entities – who are already engaged in environmental crime issues, albeit with differing mandates and focus areas (see Annex 2). From an operational point of view, UNODC should seek to develop strategic synergies with international and regional organisations involved in different areas of environmental protection.

As demonstrated by the existing ongoing activities, at field level joint programming could provide an initial step to assert UNODC’s comparative advantage in these matters. In this regard, UNODC’s role should be firmly shaped around its added value and know how, in order to ensure complementarities with existing initiatives and avoid duplications and fragmentation of efforts.

The active involvement of NGOs, such as the World Conservation Union, the World Wildlife Fund, the Environmental Investigation Agency, Global Witness and Global Forest Watch, in the efforts to curb illicit trafficking has to be taken into account for building comprehensive and multi-stakeholder partnerships and alliances. Local community organisations can play a critical role in terms of advocacy/awareness raising, and provide tangible examples of effective operational projects in this field.

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ANNEX 1: Planned UNODC initiatives in the area of environmental crime

FIELD OFFICE TITLE DURATION STATUSVOLUME (US$) PARTNERS

Regional Office Moscow

Improving public-private cooperation to counter illicit trafficking of precious metal

18 months Starting date envisaged in November

2008

1.6 million UNICRI

Regional Office Bangkok

Building capacity to counter trafficking in illegal timber and timber products in East Asia and the Pacific region

2 + 2 yearsDraft

submitted to donors

1,2 million

Project Office Jakarta

Countering forest crime in Indonesia 2 years

Draft submitted to

donors

3.3 million

Project Office Jakarta

Countering forest crime and corruption linkage in Indonesia: strengthening the law enforcement capacity

1 yearDraft

submitted to donors

0.5 million

Project Office Jakarta

Countering forest crime in the ASEAN region: Joint UNODC-ASEAN project

3 yearsDraft

submitted to donors

3 million ASEAN

Country Office Bogotá

Preventing and combating illegal trafficking in wildlife in Colombia

2 years Soft pipeline 0.5 million

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ANNEX 2: Worldwide and regional governmental and non-governmental organisations dealing with illegal trafficking of natural resources and hazardous waste

ORGANISATION SCOPE/MANDATE

WORLDWIDESecretariat of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES)

http://www.cites.org/

The CITES Convention is an international agreement to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The CITES Convention requests Parties to prohibit trade in specimens of certain species and to penalize trade in violation, or possession of such specimens, or both. The Secretariat of the Convention, based in Geneva, provides assistance in the fields of legislation and law enforcement.

Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

http://www.basel.int/

The Basel Convention is a global agreement addressing the problems and challenges posed by hazardous waste. It contains specific provisions for the monitoring of implementation and compliance, including measures to prevent and punish conduct in contravention to the Convention. The Secretariat of the Convention, based in Geneva, is administered by UNEP.

Interpol Environmental Committee: Working Group on Wildlife Crime and on pollutionhttp://www.interpol.int/Public/EnvironmentalCrime/Default.asp

Interpol is actively involved in fighting environmental crime through the activities of the Environmental Crime Committee and of its two working groups (WG on wildlife crime and WG on pollution) meeting on an annual basis.

United Nations Environments Programme (UNEP)

UNEP Division of EnvironmentalLaw and Conventions (DELC)http://www.unep.org/dec/

UNEP facilitates the coordination of UN activities on the environment, helping national authorities to formulate and implement environmental policies and develop international environmental law.UNEP is also responsible for the Green custom initiative (www.greencustoms.org), a training program for customers officers.

United Nations Forum on Forests (UNFF)

www.un.org/esa/forests

UNFF, established by an ECOSOC resolution in 2000, provides policy development and dialogue among different actors, enhances cooperation, policy and programme coordination; reduces forest degradation with attention to the needs of local communities.

United Nations Office of the High Commissioner of Human Rights (OHCHR) – Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights

http://www2.ohchr.org/english/issues/environment/waste/

The Special Rapporteur has the mandate to outline the elements of the problem of hazardous waste and human rights and conduct a general survey of issues involving the human rights of victims. The Special Rapporteur also makes recommendations and proposals on adequate control measures and produces annually a list of countries and transnational corporations engaged in the illicit traffic of toxic wastes to developing countries.

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World Customs Organisation (WCO)

http://www.wcoomd.org/

The World Customs Organisation (WCO) focuses on customs matters. Its work is based on the harmonization as well as simplification of customs procedures and also covers areas such as anti-counterfeiting and piracy initiatives, transparency and integrity.

World Bank FLEG (Forest Law Enforcement and Governance)www.worldbank.org/flegnews

The World Bank has a specific Operational Policy on Forests to fight illegal logging and timber trafficking caused by poverty.

REGIONAL

EU Commission DG Environmenthttp://ec.europa.eu/environment/forests/flegt.htmhttp://ec.europa.eu/environment/waste/hazardous_index.htm

In 2003 adopted an Action Plan for Forest Law Enforcement Governance and Trade (FLEGT).

Association of Southeast Asian Nations Wildlife Law Enforcement Network (ASEAN-WEN)http://www.aseanwen.com

The Network is composed of national officials from CITES Authorities, Customs, Police, Prosecutors, Specialized Governmental Wildlife-law Enforcement Organisations and other relevant national law enforcement agencies.Member States of ASEAN signed in 2002 the ASEAN Agreement on Transboundary Haze Pollution to bring haze pollution under control in Southeast Asia.

Southern African Development Community(SADC)http://www.sadc.int/fanr/naturalresources/

A Protocol on Wildlife Conservation and Law Enforcement provides the basic platform for regional cooperation and integration in wildlife management.

Lusaka Agreement on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Florahttp://www.lusakaagreement.org

The Agreement (in force since December 1996) provides for setting up a permanent Task Force (located in Nairobi), which is a permanent law enforcement institution established that facilitates co-operative activities among the National Bureaus in carrying out investigations pertaining to illegal trade in wild fauna and flora.

NGOs, THINK TANKSWorld Wildlife Fund (WWF)http://www.traffic.org/

TRAFFIC is an international wildlife trade monitoring network monitoring trade in wild plants and animals. TRAFFIC provides information and assistance to help the decision-making processes at CITES Convention.

Environmental Investigation Agency (EIA)http://www.eia-international.org/

The EIA was established in 1984 to investigate, expose and campaign against the illegal trade in wildlife and the destruction of natural environment. It works with governments, enforcement agencies and community based organisation to mobilise political will.

Global witnesshttp://www.globalwitness.org/

Global Witness exposes the corrupt exploitation of natural resources and international trade systems, and drives campaigns to end impunity, resource-linked conflict and human rights and environmental abuses.

World resources institute, responsible for Global Forest Watch (GFW)http://www.globalforestwatch.org

GFW is a group of experts active in monitoring, mapping, forest certification and industrial forestry.

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ANNEX 3: Suggested Initial Background Reading

UN Documents

Human Rights Council (n.y.a): Resolution 9/1. Mandate of the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rightshttp://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_9_1.pdf

OHCHR (1995): Resolution 1995/81. Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights. http://ap.ohchr.org/documents/E/CHR/resolutions/E-CN_4-RES-1995-81.doc

United Nations ECOSOC (2006): Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights – Report of the Special Rapporteur, Okechukwu Ibeanu, Commission on Human Rights, sixty-second session

United Nations ECOSOC (2006): United Nations Forum on Forests – Report of the Sixth Session (27 May 2005 and 13 to 24 February 2006)

United Nations ECOSOC (2007): Multi-year Programme of Work of the United Nations Forum on Forests – Report of the Secretary-General

United Nations ECOSOC (2007): United Nations Forum on Forests – Report of the Seventh Session (24 February 2006 and 16 to 27 April 2007)

United Nations ECOSOC (2008): Report of the meeting of the Open-ended Expert Group on International Cooperation in Preventing and Combating Illicit International Trafficking in Forest Products, including Timber, Wildlife and Other Forest Biological Resources, held in Jakarta from 26 to 28 March 2008

United Nations ECOSOC (2008): International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources - Report of the Executive Director

United Nations General Assembly (2008): Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development – Report of the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, Okechukwu Ibeanu, Human Rights Council, Seventh Session

Policy Papers from other IOs and NGOs

Brack, Duncan (2005): Public Procurement of Timber: EU Member State Initiatives for Sourcing Legal and Sustainable Timber. London: Chatham House.http://www.chathamhouse.org.uk/files/3207_dbjsnov04.pdf

Chen, Hin Keong (2006): The Role of CITES in Combating Illegal Logging: Current and Potential. TRAFFIC Malaysia and PROFOR World Bank.http://www.illegal-logging.info/uploads/TRAFFIC_CITES.pdf

CIFOR (2005): Fighting Forest Crime and Promoting Prudent Banking for Sustainable Forest Management: The Anti-Money-Laundering Approach, Occasional Paper 44. Bogor, Indonesia: CIFOR.http://www.cifor.cgiar.org/publications/pdf_files/OccPapers/OP-44.pdf

Colchester, Marcus (2006): Justice in the Forest: Rural Livelihoods and Forest Law Enforcement. CIFOR Forest Perspectives 3. Bogor, Indonesia: CIFOR.http://www.cifor.cgiar.org/publications/pdf_files/Books/BColchester0601.pdf

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Environmental Investigation Agency (2006): Ozone-Depleting Substance Tracking: Feasibility Study on Developing a System for Monitoring the Tran boundary Movement of Controlled Ozone-Depleting Substances between the Parties. http://www.eia-international.org/files/reports146-1.pdf

Environmental Investigation Agency (2007): Preventing Illegal Trade in Ozone-Depleting Substanceshttp://www.eia-international.org/files/reports138-1.pdf

Environmental Investigation Agency (2008): Environmental Crime – A threat to our future. Emmerson Presshttp://www.unodc.org/documents/ngo/EIA_Ecocrime_report_0908_final_draft_low.pdf

Environmental Investigation Agency: Upholding the Law: The Challenge of Effective Enforcement. http://www.eia-international.org/files/reports163-1.pdf

FAO (2005): Best Practices for Improving Law Compliance in the Forest Sector. FAO Forestry Paper 145, Rome: FAO and International Tropical Timber Organisationftp://ftp.fao.org/docrep/fao/008/a0146e/a0146e00.pdf

Forests Monitor (2007): The Timber Trade and Poverty Alleviation. Upper Great Lakes Regionhttp://www.forestsmonitor.org/uploads/2e90368e95c9fb4f82d3d562fea6ed8d/Timber_Trade_and_Poverty_Alleviation_in_the_Upper_Great_Lakes.pdf

Global Witness (2004): Dangerous Liaisons: The continued relationship between Liberia’s natural resource industries, arms trafficking and regional insecurity. Briefing Document to the UN Security Councilhttp://www.eldis.org/assets/Docs/18500.html

Global Witness (2005): A Guide to Independent Forest Monitoring. London: Global Witness.http://www.frameweb.org/ev02.php?ID=13352_201&ID2=DO_TOPIC

Indufor (2008): Assessment of the Impact of Potential Further Measures to Prevent the Importation or Placing on the Market of Illegaly harvested Timber or Products Derived from Such Timberhttp://ec.europa.eu/environment/forests/pdf/ia_report.pdf

Lindsay, J., Mekouar, A. & Christy, L. (2002): Why law matters: design principles for strengthening the role of forestry legislation in reducing illegal activities and corrupt practices. FAO Legal Paper Online 27. Rome, FAO.http://www.fao.org/legal/prs-ol/lpo27.pdf

Savcor Indufor Oy (2004) Impact Assessment of the EU Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT). Helsinki: Savcor Indufor Oy.http://www.illegal-logging.info/uploads/FLEGT_Action_Plan_Impact_Assessment.pdf

Savcor Indufor Oy (2006): Guidelines for Formulating and Implementing National Action Plans to Combat Illegal Logging and Other Forest Crime.” Draft. Savcor Indufor Oy, Helsinki.http://siteresources.worldbank.org/INTFORESTS/Resources/Draft_Guidelines_for_Action_Plans_on_Illegal_Logging_and_Other_Forest_Crime1104006rev.pdf

Schloenhardt, Andreas (2008): The Illegal Trade in Timber and Timber Products in the Asia-Pacific Region. Research and Public Policy Series No. 89, Canberra: Australian Institute of Criminologyhttp://www.aic.gov.au/publications/rpp/89/rpp89.pdf

USAID (2003): Forests & Conflict – A Toolkit for Interventionhttp://www.usaid.gov/our_work/cross-cutting_programs/conflict/publications/docs/CMM_Forests_and_Conflict_2005.pdf

Wiser, Glen (2000): Transparency in 21st Century Fisheries Management – Options for Public Participation to Enhance Conservation and Management of International Fish Stocks. Center for International Environmental Lawhttp://www.earthscape.org/p2/jiwlp/vol4_2/wig02.pdf

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World Bank (2006): Strengthening Forest Law Enforcement and Governance: Addressing a Systematic Constraint to Sustainable Development. Report No. 36638-GLBhttp://siteresources.worldbank.org/INTFORESTS/Resources/ForestLawFINAL_HI_RES_9_27_06_FINAL_web.pdf

Articles/Books

Callister, Debra J. (1999): Corrupt and Illegal Activities in the Forestry Sector: Current Understandings and Implications for World Bank Forest Policy.”

Contreras-Hermosilla, Arnoldo (2002): Law Compliance in the Forestry Sector: An Overview. WBI Working Papers, Washington DChttp://www.illegal-logging.info/uploads/law_and_compliance.pdf

Contreras-Hermosilla, Arnoldo (2007): Forest Law Enforcement and Governance Program – Review of Implementation, Washington, DC: The World Bankhttp://siteresources.worldbank.org/INTFORESTS/Publications/21639793/FLEGReview.pdf

Damania, Richard and Kishor, Nalin (2007): Crime and Justice in the Garden of Eden: Improving Governance and Reducing Corruption in the Forestry Sector. IBRD/World Bank

Elliott, Lorraine (2007): Transnational Environmental Crime in the Asia Pacific: an ‘un(der)securitized’ Security Problem?, The Pacific Review, Volume 20, Issue 4

European Commission (2008): Public Consultation on “Additional Options to Combat Illegal Logging” – Analysis and Reporthttp://ec.europa.eu/environment/forests/pdf/addloptionssynthfinal.pdf

IRIN (2007): CONGO: Conflict leaves legacy of widespread addiction http://www.alertnet.org/thenews/newsdesk/IRIN/e742897e150fe7e28676f64db8bba4e7.htm

Mock, Gregory (2003): Undue Influence: Corruption and Natural Resources. World Resources 2002-2004http://earthtrends.wri.org/pdf_library/feature/gov_fea_corruption.pdf

Szasz, Andrew (2006): Corporations, Organized Crime, and the Disposal of Hazardous Waste: An Examination of the Making of a Criminogenic Regulatory Structure. Criminology, Volume 24 Issue 1, American Society of Criminology

White, Rob (2008): Crimes Against Nature: Environmental Criminology and Ecological Justice, UK: Willan Publishing

Winbourne, Svetlana (2005): Fighting Corruption in Developing Countries: Environment and Natural Resources. Bloomfield, CT: Kumarian Press

Zimmerman, Elisabeth (2003): The Black Market for Wildlife: Combating Transnational Organized Crime in the Illegal Wildlife Trade, Vanderbilt Journal of Transnational Law, Vol. 36

----- (2008): Shipping Hazardous Waste: Implications for Economically Developing Countries, International Environmental Agreements: Politics, Law and Economics, Volume 8, No. 2, Springer Netherlands

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