United Nations Environment Programme March 2017

Environmental Crime Tackling the Greatest Threats to our Planet

Joko Widodo Vidar Helgesen Antonio Herman Strengthening A formidable Benjamin environmental effort is needed Matters of justice judgement

José Sarney Filho Zhang Jianlong Roraima A. Andriani Cutting down Taking practical Serious, and growing deforestation action

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Strengthening law on 9 endangered species Fighting chemical 16 and waste crime Making environmental law Table of Contents Reflections work for planet and people

Photo: © UNEP 4 36 © CC BY Diane Robinson Photo: © CC BY

Features

Our Planet Environmental Crime: Tackling 6 30 the Greatest Threats to our Joko Widodo Gustavo Planet Strengthening 20 A. B. da Fonseca, 40 environmental justice Evelyn Swain Ma Huateng Zakaria Arshad Making gold In this issue of Good connections Ethical business Our Planet, greener? government leaders, works best policymakers and 10 experts explore the growing and Vidar Helgesen complex threats from A formidable 22 42 environmental effort is needed crime and the Roraima A. Andriani Clare Perry political and legal 32 frameworks needed Serious, and growing Smuggling destruction to counteract it. Emmanuel 12 de Merode José Sarney Filho Creating hope Cutting down deforestation 26 44 Reinhold Gallmetzer Faridah Hussein Were Prosecute Take the Lead on Lead climate crimes 34 14 Swatanter Kumar Zhang Jianlong Clearing the air Taking practical action 28 46 Nelly Luna Amancio Christian Nellemann 18 Blood gold 38 Undermining progress Antonio Herman Wang Beijing Benjamin Delivering on Matters of judgement the mission Erik Solheim Reflections The people most affected by environmental crime are often the most vulnerable

Environmental crime robs developing countries environmental crime. Fundamentally, though, of the resources – and the tax streams from more the strongest counter to environmental crime regulated trade – that they need to build their will be good laws well enforced. economies and societies. That hinders their abil- ity to participate in tackling broader global issues, And it means squaring up to powerful and sophis- from international security to climate change. ticated criminal networks. We need international cooperation to do so. These groups operate nim- And local communities and governments in these bly across borders. They are often armed and countries often lack the capacity to withstand the prepared to use force to secure their lucrative well-organized criminal elements behind this profits. They threaten and bribe politicians and exploitation. law enforcers. And they use lawyers and accoun- tants to hide and protect their fortunes. Awareness is part of the solution. Lawmakers are waking up to the reality of these We have made strides in awareness of wildlife crimes, and are stepping up their efforts. China, crime, including the smuggling of live animals importantly, has announced that it will ban the for the pet trade as well body parts for food and ivory trade by the end of this year. International “medicinal”use. This is only good news. Recently, cooperation to create and enforce legal frame- the price of ivory took a nosedive, which can be works is intensifying. Authorities are trying to attributed at least partly to sustained campaigns improve how they gather and share intelligence to stop the trade. and coordinate against these criminals.

Photo: © ND baselactionnetwork We must extend this awareness to the less-ap- UN Environment is helping governments trans- preciated yet more common elements of late their treaty obligations into domestic laws and regulations that fight environmental crime, and we are helping develop the capacity to enforce them. International agreements that we host, ust after World Wildlife Day this year, The human cost is also high. People most affected such as the Convention on the International Jarmed poachers broke into a French zoo by environmental crime are often the most vul- Trade in Endangered Species of Flora and Fauna undetected by staff and security, shot a white nerable. Poaching removes wildlife assets on and the Convention on Biological Diversity, weave rhinoceros and stole the murdered animal’s which rural communities could build ecotourism a protective legal fabric around the biodiversity precious horn. businesses. Overfishing deprives coastal people that is vital for ecosystem health. Erik Solheim of food and livelihoods. Pollution from unsafe This unprecedented incident was yet another mining practices or toxic dumping can rob them The UN Security Council has also recognized United Nations Under- reminder to the world of the far-reaching impact of their health, even their lives. the serious threat to peace and security posed by Secretary-General and UN Environment of environmental crime. environmental crime. UN reports have pointed Executive Director to armed groups and potentially even terrorists Yet the threat posed to human health and secu- sustaining their finances through this rising rity that environmental crime extends far beyond criminal industry. murdered wildlife. This form of crime is a menace that has spread across the globe, and demands If we are serious about preserving biodiversity an urgent and sustained international response. and critical ecosystems, ending hunger and pov- From illegal logging and fishing that decimate erty, and fostering peace and justice, we must get forest, stream and sea, to the smuggling of banned even more serious about fighting environmental chemicals and the dumping of toxic waste, these crime. threats have reached a frightening scale. With the right laws, strong enforcement, and by Last year, an assessment by UN Environment raising awareness, we will get there. and INTERPOL found that environmental crime had become the fourth-largest crime sector. We But we will only do it by working together.

found that natural resources worth as much as Photo: © UNEP Huayllapuma/CIFORPhoto: © Photo by Juan Carlos Environmental crime affects us all. We all have $258 billion are being stolen annually. a role to play in fighting it. ▲

4 5 Joko Widodo Strengthening environmental justice

Environmental law enforcement must be one of the highest priorities of government. to state finances, as it undermines state revenues derived from legitimate natural resource use. In short, environ- nation-state over the mental crimes pose a real threat to our national security, and to our sustainable development. past five decades The threats are staggeringly varied, ranging from illegal logging, forest encroachment, and clearing land with fire, to illegal fishing, poaching and wildlife trafficking. Those / NOOR Lohuizen van Photo: Kadir are regarded as extraordinary crimes that will eventually need to be countered through extraordinary efforts by law enforcement agencies. The “business-as-usual” approach Joko Widodo eing rich in natural resources is a tremendous blessing for is no longer acceptable if we are to successfully tackle these The government has taken bold measures to improve envi- Intensified supervision and monitoring is particularly nec-

President of Indonesia BIndonesia that brings prosperity and hope to the people. problems. ronmental management by establishing a new Ministry of essary to improve management and bolster the prevention In addition to being the world's largest archipelagic coun- Environment and Forestry – merging the previously sepa- of violations by both individuals and corporations. In order try, Indonesia hosts a tropical forest area of more than 120 Effective law enforcement is one of the the most signifi- rated ministries of environment and forestry – with the goal to create strong deterrent effects, multiple legal instru- $1.2 billion: the million hectares, the most extensive in Asia and the world's cant requirements for preventing environmental damage fine imposed on one of integrating and consolidating management. It is envis- ments have been applied that include administrative and third largest. Indonesia is also abundantly rich in maritime caused by illegal activities. The Indonesian government private corporation aged that, through this fusion, a unified single ministry may criminal sanctions. In practice, administrative sanctions resources potential: ocean comprises no less than two- realizes that even the best environmental regulations are that committed take more decisive actions with real impacts and effects. have always been applied to violators before criminal ones. thirds of the country’s territory. Together, these ecosystems ineffective without it, and it needs to be strengthened. environmental crimes. Applying a hybrid or ‘multi-door’ approach in criminal comprise immense mega biodiversity across the country’s Unifying the two ministries is also important in consolidat- law enforcement has also been continuously developed so extensive rain forests and rich coastal and marine areas. Environmental protection and environmental law enforce- ing all available resources, especially financial and human as to create a strong deterrent effect on perpetrators. This ment have therefore become one of the highest priorities ones. This may also bolster its authority, encourage the approach enables the application of other related laws, To paraphrase a popular saying, with abundant natural of the Indonesian government, in its attempts to ensure involvement of all stakeholders and fill in any gaps in the such as anti-corruption and anti-money-laundering laws, resources comes great responsibility. It is indeed a great the sustainability of our environment and to provide expertise or resources needed to meet the new and common together with environmental laws and regulations in pros- responsibility for Indonesia to ensure that they will con- life-support for the people. Effective environmental regu- goals. ecuting illegal actions against the environment and forests. tinue to provide sources of living for future generations. lation is a key component of the government’s platform in Indeed, this approach will require close coordination and Learning from unfortunate experiences, both current and moving toward inclusive and sustainable economic devel- A special unit at a directorate general level was also cre- collaboration among law enforcement institutions and past, Indonesia is well aware of how richness in terms of opment aimed at providing food security, energy security, ated within the new ministry specifically to deal with law agencies. natural resources can quickly evolve into a sinister curse infrastructure development, and sound maritime sector enforcement implementation. The new special branch – for a country, if they are managed unsustainably. The key development. entitled the Directorate General of Law Enforcement for Among other law enforcement work during 2015-2016 were to success is the application of sound management that Environment and Forestry – functions as the main institu- the confiscation of 6,180 m3 of timber, 23,907 logs, and ensures benefits for people as well as environmental protec- Among other measures, the government has identified and tion responsible for addressing disturbances and threats to 176 pieces of wood products. Twenty-four cases have been tion, as stipulated in Indonesia’s 1945 Constitution Article is prioritizing three strategic measures corresponding to environment and forests. prosecuted at different stages, including six which ended in 28 H (1) and 33 (4), which state that having a good environ- our needs, namely: good governance, affirmative actions, verdicts. Over 2,250 specimens of wildlife and their prod- ment is a human right. and political leadership. Affirmative Action. Public trust in environmental law ucts have also been confiscated from 33 legal cases, of which enforcement will strongly be cemented only if environmen- 13 received verdicts. For Indonesia, environmental protection is a matter of Good governance. Governance has a strong impact on tal justice is thoroughly upheld, and is capable of generating national survival, since our environment constitutes the environmental management and protection. The rule of long-awaited credible deterrent effects. The government Forest and land fires have been subjected to extensive primary source of living for our people. Unfortunately, envi- law, citizen’s rights of access to information, public partic- has been undertaking measures to realize just law enforce- affirmative actions. As a result, supported by favourable ronment-related criminal activities threaten our natural ipation and equitable access to justice are as important as ment through, among other things, intensified supervision weather, the extent of fires dropped by 83 per cent in 2016, resources and the foundation of our development, posing a specific environmental policies or projects in improving and monitoring, application of a ‘multi-door’ approach, as compared to the previous year. Efforts include: training menacing threat not only to Indonesia’s biosphere, but also environmental outcomes. well as certifying environmental judges. 5,288 forest fire brigades, plus 150 in Forest Management

6 7 Indonesian judges have been environmentally certified and the number is increasing.

Political Leadership. Political commitment, from the top, is UN Environment at Work highly important in creating a positive attitude and empha- sis, and in consolidating all necessary resources to create an effective law enforcement system. An environmentally oriented political commitment is crucial for orches- Strengthening law on trating coherent policies and approaches in various law enforcement agencies as well as in all levels of government administrations. endangered species

The current government has been giving examples of a strong political commitment in environmental law enforce-

Kadir van Lohuizen / NOOR Lohuizen van Photo: Kadir ment. The presidential office is directly taking a lead on field visits and giving instructions to the ministers, governors Helping countries produce and officials involved in them, and in such policy directives as a moratorium of new concessions on peatlands and the better laws and institutions is The failures of criminal law in Ministry of Environment and Forestry revoking existing con- cessions’ on burned peatlands so that they can be restored by vital to countering all kinds of fighting environmental crime result the newly established Peatland Restoration Agency. Another bold policy is to give more rights and access for communities, environmental crime from a lack of political will rather for example through recognising nine “adat” (customary) forests just a couple of months ago, and through allocating than a lack of regulation. 12.7 million hectares for community forestry.

Strong support has also been given to officials to enable Units; developing communities against fire involving them consistently to do their work in enforcing environ- nearly 10,000 people in over 650 groups; and training nearly mental law in the field, by visiting and giving them direct 5,000 private company staff and nearly 1,000 military and political support, or “blusukan”. A mechanism of reward police officers. Coordination has also been intensified with and punishment is applied. For example, chief military the military, police, the Ministry of Manpower, and the officers are granted promotion when they have achieved a Ministry of Information (e.g. on the use of cellphones for minimum rate of forest and land fires, and are transfered to fire alerts). Joint fire fighting involves the military, police, less favourable posts when they have not. local governments, the private sector, and communities, together with a fire monitoring system and fire patrols. Fire Learning from severe forest fires in 2015, the government fighting is carried out on the ground and by planes that can has undertaken firm action by bringing responsible individ- pour 1 million litres of water and 128 tons of salt onto the uals and corporations before the law for both administrative flames. Over 15,000 canal blocks, over 25,000 ponds, and and criminal sanctions. About 500 cases have already been nearly 1,000 wells have been constructed. brought to justice and some of them have received their sanctions, including a historic $1.2 billion fine to a private Equipment procured includes vehicles, pumps, GPS, and corporation proven to have committed crimes against the

fire brigade attire. The budget was around 150 billion environment. Anticipatory measures and an early warning Photo: Rebecca Hart Media www.rebeccahartmedia.com rupiah in 2015, 250 billion rupiah in 2016, and 170 billion system have also been in place enabling the government rupiah ($12.8 million) in 2017. During 2015-2016, 12 forest to prevent the reccurence of similar disasters in 2016, and fire cases were brought to court incurring penalties of up to hopefully in the years to come. $1.2 billion. Also three concessions were revoked; 16 were aw is one of the most effective means of Cooperative Enforcement to strengthen legal the stage of presenting draft legislation and suspended; 17 were forced to rectify their conduct; and 115 After two years, the government’s hard work in strength- L addressing environmental crime. UN responses to environmental crime. Through UN Environment is supporting them in this were given written warnings. Rewards have been given as ening environmental law enforcement and in realizing Environment is working with countries CITES we assist countries to strengthen work. well as punishments, including certificates of recognition. better environmental management has started to gain good around the world to strengthen laws and weak legislation on trade in endangered spe- Another scheme for preventing illegal logging is the timber results. Generally, public trust in environmental law institutions so that criminal acts in violation cies by enhancing the understanding of the Countries also grapple with other national legality assurance system, known as SVLK, which is com- enforcement in Indonesia has so far improved as the of environmental laws can be addressed at links between appropriate domestic legis- and trans-boundary environmental crime pulsory for all exported wood products. SVLK certification government’s work has started to show outcomes and pos- national and international levels. For envi- lation and preventing and combating illegal besides illegal trade in wildlife and timber, is credible – being the only one so far recognized by the itive impacts towards sound environmental management. ronmental law to be effective, environmental trade in wildlife. including pollution from sources within EU Forest Law Enforcement, Governance and Trade plan Nevertheless, challenges remain. There is no room for crime needs to be clearly defined and insti- and beyond their jurisdiction, illegal dump- – especially for its transparency in involving the public in complacency. Environmental law reforms and maintaining tutions empowered to apply the law and to This can include work on prohibiting trade ing of hazardous waste, illegal trade in the process. legal certainty in law enforcement will remain the govern- deal with violations through compliance and in specimens in violation of the Convention chemicals and hazardous substances, ille- ment’s priorities. enforcement. and ensuring there are appropriate legal gal fishing, and illegal encroachment into Professional certification for environmental judges means of penalization and confiscation in protected areas. UN Environment will constitutes another important measure undertaken by Environmental law enforcement has never been an issue of UN Environment collaborates with national place at national levels. Many of the coun- continue to engage countries, convention the government to uphold environmental justice by cre- win or lose. It is part of the government’s vital role in build- governments, INTERPOL, the World tries we work with in Africa are making good secretariats and other partner organizations ating professional judges fully committed to, and ing responsible attitudes among all individuals and entities Customs Organization, the Convention on progress on meeting CITES requirements to strengthen legal and regulatory frame- capable of, ruling on environmental laws with the appli- nationwide, and in creating environmental justice for all, International Trade in Endangered Species and include Algeria, Benin, Chad, Eritrea, works and to address the root causes of these cation of the “in dubio pro natura” principle. So far, 577 for the benefit of current, and future generations. ▲ (CITES) and the Lusaka Agreement on Ghana, Kenya, and Togo. Some are even at crimes. ▲

8 9 Norway supports Vidar Helgesen initiatives in rainforest partner countries A formidable that have led to the confiscation of illegally effort is needed harvested wood, successful prosecution, Fighting environmental crime is also about improved forest protecting growth, development and global security. monitoring and better cooperation among law enforcement agencies. CC BY NC SA Ollivier Girard / CIFOR NC SA Ollivier Girard Photo: CC BY

Globally, UN Environment and INTERPOL have estimated countries; and affects the planet as a whole. According to the transboundary movements of hazardous wastes and their the value of environmental crime at $91-258 billion annually latest report by the Food and Agriculture Organization, disposal, is key to addressing this; illegal shipments must be – up to twice the global aid budget. With a growth rate of 5-7 about 31 per cent of global fish stocks are fished at biologi- returned to the country of origin and the exporters held to per cent annually, environmental crime is outpacing the cally unsustainable levels. account. growth of our global economy by 2-3 times. Environmental crime does not merely pose a threat to biodiversity, clean soil Greater inter-agency cooperation is essential to combat Norway has amended its legislation to allow the police and clean waters. It also hinders economic development – organized environmental crime and includes police, cus- wider investigative tools and increased the maximum often for the countries and peoples that need it the most. toms, taxation authorities and labour inspectors as well as prison sentence. Customs and environment officials need Vidar Helgesen nvironmental crime does not only hurt animals or forests. Fighting environmental crime is about protecting not just fisheries authorities and coast guards. Norway supports to cooperate in controlling exports; pilot projects have With a growth rate of Minister of Climate E It's dangerous for humans too. Many forms of environ- the environment, but also national, regional and global secu- 5-7 per cent annually, and plays an active part in international initiatives to com- shown that, with limited resources, we can increase the and Environment, mental crime are serious, organized and transnational, rity, human and social development and sustainable environmental crime is bat fisheries crime, primarily through the United Nations volume and quality of recycled material - thus providing Norway weakening the very fibre of our societies. Not only is it the economic growth – prerequisites for achieving the global outpacing the growth of Office on Drugs and Crime and INTERPOL. These have cre- higher incomes, and reducing environmental and human world's fourth largest illegal economy, it is also growing many Sustainable Development Goals. our global economy by ated global awareness about the problem as well as health impacts to a minimum. 2-3 times. times faster than the legal one. Many forms of environmental improved cooperation and information sharing between crime are profit driven, no-risk, and contribute to financing Illegal logging, and the trade associated with it, remains the and within states. UN Environment has played a fundamental role in assisting terror networks, war and armed conflicts. Let's be straight: we largest category of environmental crime – with an estimated countries to put into place legal frameworks to fight environ- are talking about a global security challenge. annual loss of resource of about $50-152 billion. It may have The illegal wildlife trade – estimated by some at $7–23 bil- mental crime. It has the capability to identify the devastating ecological consequences in rainforests due to lion per year – is regulated under the Convention on environmental consequences of this type of crime. Transnational organized environmental crime is a broad their unique biodiversity. Local, often indigenous, peoples International Trade in Endangered Species of Wild Fauna term referring to a number of crimes, including wildlife are affected by illegal logging as their livelihoods are depen- and Flora. Nearly 7,000 different species have been We need to target illegality in the whole value chain – cor- crime; forest crime; illegally mined minerals; fisheries crime; dent on forest food resources. The Norwegian International accounted for in more than 164,000 seizures affecting 120 ruption, document fraud, forced labour, and tax and customs cultural heritage crime; crime associated with carbon trad- Climate and Forest Initiative supports many activities car- countries. Norway acknowledges the convention's impor- fraud – including overseas tax heavens and money launder- ing; and illegal trade in, and treatment of, chemicals and ried out by civil society, the UN and government programmes tance and the work done to secure legal – and prevent illegal ing. That way, we will help save the environment, support hazardous wastes. These different manifestations of envi- in our rainforest partner countries that aim to fight illegal – trade in endangered species. However, its overall achieve- improved governance in fragile and developing states, ronmental crime are interconnected and there is a need for a logging and trade. These initiatives have already shown ments will only be as good as its national follow-up, which is strengthen the legal economy worldwide and improve global comprehensive international approach. results in the form of confiscation of illegally harvested thus crucial for its success. Norway therefore supports security. Norway will be open to the development of new wood, successful prosecution, improved forest monitoring measures to secure the best possible follow-up of the international law and politically binding instruments and This is not a matter for law enforcement agencies or specif- and better cooperation amongst law enforcement agencies. convention. standards to tackle serious and transnational organized ically mandated international organizations alone. Norway Still, much more must be done. environmental crime. has taken initiatives to ensure that wildlife crime, illegal The global waste market is estimated at $410 billion annu- logging and related crimes are treated as serious transna- Transnational organized fisheries crime involves the whole ally. Illegal transboundary movement of hazardous waste But even the best legal frameworks will not suffice. tional organized crimes. At the United Nations Environment fisheries value chain, including illegal fishing, corruption, represents a major threat to sustainable development at its Everybody has a role to play – from civil society and non-gov- Assembly we have encouraged closer cooperation between document fraud, forced labour, tax and customs fraud and destinations, releasing hazardous substances that pollute ernmental organizations, the private sector, and all relevant actors, such as the United Nations Office on Drugs money laundering. It involves all continents; has adverse soil, water and air and affect workers. Human health, the international organizations, to government authorities who and Crime, UN Environment, INTERPOL, and other agen- economic, environmental and social consequences; dam- environment and long-term economic development are all control borders and make laws. Ultimately, it's about a for- cies and government bodies. ages the livelihood of coastal communities in developing adversely affected. The Basel Convention, controlling midable human effort to protect humane societies. ▲

10 11 José Sarney Filho Cutting down deforestation

Brazil is focused on curbing deforestation in the Amazon. © CC BY NC ND VaqueroFrancis Photo: © CC BY

and other responsible agencies, the government remains for sustainable productive activities. For the period 2016- fully committed to combating illegal deforestation. Ibama’s 2020, these will be complemented by an additional pillar environmental surveillance activities have been the foremost – developing normative and economic instruments aimed at means of achieving the sustained reduction in deforestation strengthening incentives for sustainable practices, including rates in Amazonia. sustainable forest management and restoring degraded land that can alleviate the pressure on forests. the 1970s, triggered by the expansion of cattle farming. At The strategy to counter illegal deforestation consists of a set present, Amazonia has more than 25 million inhabitants of actions focused on inhibiting and combating violations, so The Rural Environmental Registry has been instrumental in and holds the largest cattle herd in Brazil. The Brazilian as to promote compliance with environmental rules and reg- regularising land tenure through geo-referencing rural prop- National Policy on Climate Change, legally established in ulations. The main lines of action include: carrying out direct erties, delimiting Areas of Permanent Protection and Legal 2009, foresees actions to reduce emissions from deforesta- surveillance of critical areas; eliminating deforestation Reserve, and identifying consolidated rural areas and areas tion in the Amazonia and the Cerrado biomes. The goal for resulting from supply chains; preventing timber trafficking; with remnants of native vegetation. Eighty per cent of any Amazonia is to reduce them by 80 per cent in 2020, compared developing robust and transparent national forest monitor- privately owned land in Amazonia is required by the Forest to the average between 1996 and 2005: for the Cerrado, the ing systems; combining remote sensing and ground-based Code to be kept with native vegetation, as a “Legal Reserve José Sarney Filho mazonia is the largest of the six Brazilian biomes, span- reduction is set at 40 per cent compared to the average emis- forest surveillance; monitoring financial flows resulting from Area”. The Ministry of the Environment has been actively In 2016, government ning 420 million hectares – or about 49 per cent of the sions from 1999 to 2008. This implies that the annual rate illegal deforestation; undertaking administrative and crim- working with the Amazonian states to implement full cov- Minister of the A agency efforts against Environment, Brazil national territory – of which 320 million hectares are covered of deforestation in Amazonia should be less than 400,000 illegal deforestation inal investigations; and enforcing the civil liability of those erage of the registry through supporting the elaboration of by natural forests. hectares by 2020. More recently, Brazil has provided a vision resulted in over 5,500 responsible for illegal deforestation. State Plans to Prevent and Control Deforestation. of the importance of continuing to tackle deforestation by proceedings and fines of Besides being the largest remaining tropical rainforest in including a specific goal of achieving zero deforestation by more than $700 million. In 2016, government agencies carried out numerous Combating deforestation is a shared responsibility of the the world, it plays a significant role in sustaining biodiver- 2030 in its Nationally Determined Contribution to the Paris operations following this strategy under the National federal government, states and, municipalities and civil sity and in regulating the regional climate, among other Agreement. Environmental Protection Plan, resulting in over 5,500 pro- society. Given the increasing level of complexity in deal- environmental services. Almost half of the Legal Amazonia ceedings regarding violations and fines of over $700 million. ing with deforestation, broader participation of the private territory – covering the states of Acre, Amapá, Amazonas, The sharp decrease of deforestation in Amazonia since sector, civil society, indigenous peoples and traditional com- Pará, Rondónia, Roraima, Tocantins and much of Mato 2004 – when the first Action Plan to Prevent and Control After a period of systematic decrease in deforestation rates, munities is being sought, so as to ensure a more inclusive Grosso and Maranhão – is covered by Protected Areas Deforestation in Legal Amazonia was created – is attributed data for the period August 2015 to July 2016 indicated an and participatory processes. This is becoming increasingly (totalling more than 200 million hectares); these consist of to concerted efforts carried out by the Brazilian govern- increase of almost 29 per cent from the previous assess- important as deforestation is reduced and more complex Conservation Units (under federal or state responsibility) ment. In 2004, gross deforestation in Legal Amazonia was ment (August 2014 to July 2015). Such a rise is a cause of actions, requiring social control and community engage- and recognized Indigenous Lands. The Brazilian govern- 2,777,500 hectares, the second highest since 1995, when concern. Its causes are related to the fragile political momen- ment, are anticipated and envisaged. ment, particularly through the Ministry of the Environment, it reached 2,905,900 hectares. Fortunately, Brazil has an tum and economic constraints experienced in 2015/16, attaches the highest priority to the prevention and control of advanced forest monitoring system that has enabled it to which impacted the annual budget of monitoring agencies. Continuing to reduce deforestation is not a simple challenge. As deforestation in the Amazon. One of the greatest concerns have consistent and verifiable deforestation estimates for These constraints, however, have now been addressed. By deforestation rates decrease, moreover, it becomes even more is related to the conversion of the remaining natural forests the entire Legal Amazonia since 1988. Wall-to-wall assess- December 2016, Ibama and the Chico Mendes Institute for challenging and expensive to maintain and enlarge the portfolio to other land-uses – cattle ranching being the commonest, ments using satellite imagery are carried out annually by the Biodiversity Conservation had recovered their budgetary of activities that reduce them further. The Brazilian govern- occupying approximately 65 per cent of the accumulated National Institute for Space Research, from the Ministry of capacity, while the Amazon Fund provided additional fund- ment has signalled that combating deforestation is not only a deforested land in the region. Science, Technology, Innovations and Communications. The ing for implementing command and control activities. It is national priority but one of the most important mitigation con- monitoring programme's consistency was fundamental in expected that the deforestation rates in 2017 will revert to a tributions towards limiting the increase of average global The history of the occupation of the region helps in under- building national and international trust in the deforestation downward trend. temperature, as mandated by the Paris Agreement. Maintaining standing the complexities of the issue. Many public policies data produced by the Brazilian government. Amazonia's immense biodiversity and the ecosystem services it designed to occupy Amazonia increased human settlements Since 2004, public policies to curb deforestation have had provides, which have both continental and global benefits, in the region: by the mid-1970s, it was home to 7 million peo- Through the Brazilian Institute of the Environment and three main pillars: land tenure regularization and territo- entails an elevated cost to Brazilian society, which needs to be ple. Significant environmental problems had also begun by Renewable Natural Resources (known in Brazil as Ibama) rial management; monitoring and control; and incentives better ascertained by the international community. ▲

12 13 Zhang Jianlong Taking practical action

How to enhance mutual trust and cooperation and jointly address the illegal wildlife trade. Photo: Rebecca Hart Media www.rebeccahartmedia.com Photo: CC BY

the last three years, with ivory smuggling down by more than initiated and promoted three international enforcement 80 per cent. Fifthly, we have carried out extensive public edu- A new amendment of the law on operations under Operation Cobra that have had a significant cation, particularly on such occasions as World Wildlife Day impact on blocking the illegal wildlife trade chain. Meanwhile, and Bird-loving Week. Publicity and education activities wildlife protection has increased it has carried out capacity building for other developing have been carried out through radio, television, the internet, countries, and given African countries a large number of newspapers and other media, with the aim of popularizing punishment for illegal consumption enforcement facilities to improve their capacity and thus knowledge about wildlife conservation, educating the public strengthen wildlife protection. China has also carried out Zhang Jianlong ildlife is a crucial part of natural ecosystems, and is consciously to resist the illegal trade, and raising the aware- and online wildlife trade. publicity activities for overseas Chinese enterprises and Minister, State Forestry Wdirectly related to global ecological security, cultural ness of the whole society to protect wildlife. Chinese citizens, requesting them to strictly abide by local Administration inheritance and sustainable development. Indeed, wildlife laws and regulations and resist the illegal wildlife trade. And of China conservation is an important symbol of the development of China has also been actively participating in the interna- the country actively participates in enforcement operations human civilization. Yet, the global illegal wildlife trade is still tional process of tackling the illegal wildlife trade and has launched by international shipping and aviation organiza- rampant, and the international community must work together made important contributions. It has been an active party to tions to block the illegal transport of wildlife and its products. to cope with it. For years, the Chinese government has given the Convention on International Trade in Endangered China has also taken a series of major measures in recent high attention to wildlife conservation and made consis- Species of Wild Fauna and Flora, and has been actively years to protect flagship species like elephants. It adopted a tent efforts to address the illegal trade. In the first place, involved in such international initiatives as the International one-year ban on imported ivory carvings in February 2015, it has been constantly improving the laws and regulations Consortium on Combating Wildlife Crime and the London followed by a year-long ban on imported ivory hunting tro- and setting severe punishments for illegal hunting, trading, Conference on Combating Illegal Wildlife Trade, and has phies that October. In March 2016, it adopted a three-year smuggling and using wildlife and its products. A new amend- made a series of positive propositions. The country has ban on all commercial imports of ivory and its products, ment of the Law of the People’s Republic of China on Wildlife except for relics and for the purpose of scientific research, Protection has increased punishment for illegal con- teaching, enforcement identification and cultural exchange. sumption and online wildlife trade. Secondly, we have well And, on 30 December 2016, the government announced a established enforcement and coordination mechanisms. gradual ban of all commercial processing and sales of ivory Our Inter-agency Joint Mechanism for Addressing Illegal and its products by the end of 2017. China expects that these Wildlife Trade, consisting of over 20 departments, has been measures could encourage the international community to set up to carry out comprehensive regulation. take further practical actions to protect elephants.

Thirdly, we have strengthened management and control China has always valued harmony between people and measures, including strictly regulating wildlife breeding, uti- nature. Wildlife conservation has become an important part lization, export and import. These also incorporate a system of its efforts to promote ecological civilization. We will con- CC BY ND Aardwolf6886 Photo: CC BY of labeling wildlife and its products, enhancing the verifica- tinue to improve domestic laws and regulations and tion of online trade and improving technical inspection and strengthen law enforcement and international cooperation. identification. Fourthly, we have constantly carried out We will take further practical actions with the international enforcement operations. An annual inter-agency joint community to block the illegal wildlife trade chain and pro- enforcement operation and the timely punishment of people mote protection and habitat restoration at source, so as to

involved in the illegal wildlife trade have had a great deter- Diane Robinson Photo: CC BY make new contribution to maintaining global ecological rent effect; the trade has been declining continuously over security. ▲

14 15 UN Environment at Work Fighting chemical and waste crime

apid economic growth is greatly increasing the generation of hazardous sharing by providing technical guidance on how to detect suspi- Rand other waste: it is projected to reach 27 billion tons worldwide by cious shipments. It makes available – online and through its 2050. Its movement across boundaries is also on the rise across much of Asia newsletter – the latest information on chemical and waste crime and Africa despite the fact that the Basel Convention requires the country and counter-measures. It provides technical support to the World of origin, when exporting hazardous and other wastes, to obtain the written Customs Organization’s global operation, Demeter III, which has consent of the country receiving them. This is largely due to higher recycling resulted in the seizure of more than 7,000 tons of illegal wastes in costs in countries of origin than in receiving ones where environmental regu- 2013. And it trains customs officers for China’s Green Fence lations are less stringent and labour is cheaper. Operation which resulted in the seizure of more than 900,000 tons of them the following year. The volume of discarded electronics in East and South-East Asia, for example, jumped almost two-thirds between 2010 and 2015, Another of its key objectives is building partnerships within and while United Nations University research shows that e-waste gen- beyond the region: it supports national and multi-agency coopera- eration is growing fast both in total volume and per capita. Driven tion, facilitates inter-regional cooperation, and convenes customs Global Environment Facility Photo: Global Environment by rising incomes and high demand for new gadgets and appli- and enforcement officers from around the region for training up to ances, e-waste increased by an average of 63 per cent in the five three times a year. It also acts as a partnership bringing together the years ending in 2015 across 12 countries and areas analysed – secretariat of three chemical and waste conventions – Basel, including Cambodia, China, Hong Kong, Indonesia, Japan, and Rotterdam and Stockholm – and a number of international and Malaysia. In total, it weighed 12.3 million tons, 2.4 times the Great regional enforcement organizations. ▲ Green Customs Initiative Pyramid of Giza. China alone more than doubled its generation of e-waste between 2010 and 2015 to 6.7 million tons. National and international crime syndicates earn an estimated Customs and border protection officers constitute the $20-30 billion annually from hazardous waste dumping, front line of every country's defence against trans- Hazardous and other wastes are smuggled through mis-declara- smuggling proscribed hazardous materials, and exploiting boundary illegal trade. The Green Customs Initiative is a tion, false documentation, concealment and other methods to and trafficking protected natural resources. Illegal interna- partnership between UN Environment and several interna- evade the law. Enforcement officers – including customs, police, tional trade in such “environmentally-sensitive” commodities tional organisations to cooperate and prevent illegal trade environmental inspectors and prosecutors – play a key role in pre- as ozone depleting substances, toxic chemicals, hazardous in environmentally-sensitive commodities and substances. venting and controlling illegal trade in chemicals and wastes. wastes, endangered species and living modified organisms Bringing together the secretariats of six Multilateral Multi-agency cooperation is needed at national and regional levels is an international problem with serious consequences. It Environmental Agreements and five international organi- to fight this cross-border illegal traffic effectively, as are informa- threatens human health and the environment, contributes to sations including INTERPOL, the United Nations Office on tion and intelligence sharing, joint operations, capacity building species loss, deprives governments of revenues, and under- Drugs and Crime, and the World Customs Organization, and long-term partnership. The Regional Enforcement Network mines the success of international environmental agreements the Green Customs Initiative has trained hundreds of cus- for Chemicals and Waste funded by the Swedish International by circumventing agreed rules and procedures. toms officers on the detection, seizure and confiscation Development Cooperation Agency and implemented by UN of illegal environmentally sensitive commodities. New Environment was established to provide this in the Asian region. e-learning tools and training materials on an informa- The network facilitates improved information and intelligence tion-packed website ensure customs officers and relevant officials have access to all of the information they need to help address and eliminate environmental crimes through the detection of toxic chemicals and waste and improving species protection. Global Environment Facility Global Environment

16 17 Photo:

courts to deal with these planetary issues. I still believe Coinciding with the 1st IUCN World Environmental Law that this is fundamental for improving environmental Congress – organized in partnership with UN Environment, Antonio Herman governance in general. Yet environmental crime presents the Organization of American States and others – judges some of the most sophisticated challenges of this time: from over 50 different countries gathered in Brazil in April solving one piece of the puzzle, while giving immediate 2016 to inaugurate the Global Judicial Institute for the relief, may not give the full picture of the crisis we live in. Environment. The Institute’s mission is to support the role Benjamin All members of the judiciary, whether or not they are part of courts and tribunals in applying and enforcing of an environmental court or chamber, have a part to play environmental laws and in promoting the environmental in addressing environmental crime. Judges handling rule of law and the fair distribution of environmental corruption cases, for example, apply their legal minds to benefits and burdens. Matters of judgement resolve issues that arise in their jurisdiction, but also have a direct contributing impact on environmental crime. Composed of actively sitting judges from around the world, Similarly, judges who analyse and interpret the law in and led by an elected council of judges to direct and oversee counterfeiting, drug trafficking, cybercrime and financial activities, the Institute will: provide opportunities for crime cases have a part to play in building the legal web that exchanging information; create partnerships for The potential for sustainability at can effectively address environmental crime. collaboration; strengthen capacity; and provide research and analysis on topics important for environmental the local level is huge, fundamental When deciding key issues – not only in environmental adjudication, court practices and the environmental rule of crime, but in general – judges must apply law developed at law. Key activities will include: judicial capacity building; and achievable. different levels: international, national and even municipal. technical assistance; education programs; and online Even when what laws say is clear, which is not always the knowledge-exchange and -sharing for judges. In the coming Judges from over 50 case, judges constantly face the challenge of weighing and months, a committee of judges will continue to work on countries gathered balancing different sources of the law. This also brings to light establishing the Institute's structure to enable it to begin in Brazil in 2016 to one of the fundamental issues that judges face: how do we fulfilling its mission. Its formation represents an important inaugurate the Global Judicial Institute for define environmental crime? Since environmental crimes step forward for ensuring environmental justice and the the Environment. may, in some circumstances, appear to be victimless, judges effective implementation of laws, policies, and that have only recently embraced democracy and the may be discouraged from finding in favour of protecting constitutional provisions on environmental protection. rule of law after decades of military or civil dictatorship ‘diffuse’ interests. Furthermore, judges often have to rely on – it is unacceptable to do so without also recognizing the administrative agencies in deciding environmental crimes As my good friend and Chair Emeritus of the IUCN World connected duties and, more importantly, without agreeing cases, which means that even the most independent judge Commission on Environmental Law, Prof. Nicholas at least in theory to the legitimacy of judicial intervention will not go far without a firm political commitment by the Robinson, said: “It is probably utopic to expect that judges in guaranteeing those rights. Furthermore, it is impossible executive. Finally, it must not be forgotten that political by themselves will be able to solve the environmental Antonio Herman n independent judiciary, in a political and legal sys- in the modern world to separate the environment from the will enables law-making by parliaments, which affects problems of the planet. But too bad for the planet if it Benjamin Atem that values integrity and transparency, is vital in protection of traditional rights and values, such as health implementation and interpretation of the law. doesn’t have the judges on its side.” ▲ National High Court addressing environmental degradation and in upholding the and property. Nor can we forget that the rule of law occupies of Brazil (STJ); environmental rule of law worldwide. In an urban planning a central place in the new constitutionalism. And the true Chair, IUCN World case at the National High Court of Brazil, the court stated a rule of law cannot exist without ecological sustainability Commission on view that I believe to be true in all areas of environmental and an independent judiciary. Environmental Law; law: Secretary-General of the International As a result, we can increasingly see that people can help Advisory Council for “… as we know, cities will not rise or evolve with words effect real change through the courts, worldwide. My Environmental Justice alone. But words spoken by judges can indeed encourage own country of Brazil, notwithstanding the serious of UN Environment destruction or legitimize conservation, endorse speculation environmental degradation and enormous deforestation or guarantee urban environmental quality, consolidate the of the past, continues to be both our planet’s richest reserve errors of the past, repeat them in the present, or enable a of biodiversity and an experimental laboratory with new sustainable future”. and creative models of environmental legislation, in terms of policy design as well as compliance and enforcement. The same rationale applies to environmental crime. It There are many more examples that give us objective cannot be tackled through words alone. We need good laws, reasons for optimism. Over the years, I have advocated we need good legislators to draft them, and we need good the establishment and strengthening of environmental administrators to enforce them. Yet the words that we judges write in our decisions, and speak as we carry out our work, can influence the approach of humankind in securing Establishing and our future through curtailing environmental degradation and crime. Thus, we must embrace our role, despite the strengthening challenges we face. environmental courts We do have laws in place now. Many national constitutions expressly recognize a right to a safe, clean, healthy, and is fundamental for sustainable environment (the specific terminology and language varies significantly among different improving environmental constitutional texts). Some, as in Brazil and Colombia,

go further to attribute an ecological function to property governance. for CIFOR Neil Palmer/CIAT Photo: CC BY rights. Wherever rights are recognized – even in countries

18 19 Ma Huateng Good connections

Information technology has great potential to protect and preserve wildlife and the environment. © CC BY NC ND Andrey Naumov NC ND Andrey Photo: © CC BY

Weixin/WeChat and QQ; and second to deliver the best and to influence wider groups with messages that dispel the connectivity of the internet and other technological means possible platform for providing digital content. outdated beliefs about the health benefits of consuming has just begun. We now also provide a convenient way for endangered species. pollution whistleblowers to report illegal activity to China's Given the sheer flow of information and the engagement Ministry of Environmental Protection. With our tool, internet that we have enabled on Weixin/WeChat and QQ’s Beginning in 2015, Tencent has established partnerships users can upload pictures taken with their cellphones that will powerful platforms, we have set three goals: to improve our with international public welfare organizations in a joint simultaneously submit geographical location information. technology to better discover illegal wildlife network chains effort to create the public welfare program “Tencent for This allows departments tasked with environmental and shut them down; to produce educational conservation the Planet”, which is designed to educate and to help protection to quickly obtain sufficient evidence and address content that resonates with the public and increases their eradicate the illegal wildlife trade. Tencent has created the points at which pollution takes place. awareness and stewardship of wildlife and the environment; User reports have whistleblowing labels so that users can flag and report helped Tencent any suspect activity related to the illegal sale of wildlife. We are doing even more to protect the environment in Ma Huateng n 2012, I was invited to join a safari at the Lewa Wildlife identify close to 1,000 Through easy-to-use whistleblowing channels, we work everyday urban life. Our new company headquarters accounts used to Conservancy in Kenya. Lion prides, cheetah coalitions collectively with the public and with professional groups to and office buildings in Shenzhen will soon be put to use Chairman and I conduct or facilitate Chief Executive Officer and herds of buffalo and giraffes walk freely there. Majestic We have created illegal trade in wildlife. discover and destroy illegal wildlife trading hidden on social for rainwater storage as part of the “Sponge City” pilot of Tencent African elephants also roam the conservancy’s terrain, but platforms more quickly. project, an initiative of the Chinese government to combat in far smaller numbers than they once did. whistleblowing labels flooding and drought, which may one day improve the Since the program began, user reports have helped us to entire ecosystem of the city. Tencent is also developing a While on safari, I personally witnessed the serious poaching so that users can flag identify close to 1,000 accounts used to conduct or complete set of technical support and public platforms to threat that African elephants face. This compelled me to facilitate illegal trade in wildlife. Reports are promptly better detect and analyze meteorological data, rainwater discover the full extent of the illegal wildlife trade’s intricate and report any suspect acted on and investigated by appropriate institutions, collection and soil humidity through big data and internet- web of smuggling, money laundering and organized crime. while information about crimes that may lead to arrest is of-things technologies. This data could, in turn, be used to Its consequences are devastating: the near extinction activity related to the passed to law enforcement. We continually perfect our enhance scientific inquiry and urban management. of entire species and destruction of biodiversity that technologies and algorithms to optimize this process and threatens entire ecosystems. Worse still, the plundering of illegal sale of wildlife have also discussed ways to leverage our global business There is a natural hunger in all people to do good, something resources in poverty-stricken areas only adds to regional peers to better combat the illegal wildlife trade. Together, Tencent sees firsthand during our annual “9.9 Charity Day” destabilization. or related to pollution. we are working to develop better identification, big data event. Last year, a record 6.77 million internet users donated analysis and other technologies that will make us even more than RMB307 million ($44 million) in the three I returned to China and learned that the internet was more effective in the future. days around 9 September. Linking trust and technology, becoming a channel for the illegal sale of wildlife and animal the internet has exponentially increased the power of parts. This disturbed me and other Tencent leaders. The There is also other encouraging progress. My colleagues collective good and charitable giving. The donations from connective power of the internet should serve to bless and I were delighted when China announced a ban on the event will be used in hundreds of programs dedicated mankind, not be used by a minority to do evil. As a leading all ivory trade by the end of 2017. This is a significant to the protection of animals and wildlife, environmental provider of internet value-added services in China, Tencent milestone in protecting elephants, including the stately development, and poverty and disaster relief. With the has the responsibility and ability to do more to thwart this African elephants that live in Lewa. Wildlife protection internet, we can all lend a hand to transparent, efficient network of illegal trade. allies are expanding. The State Forestry Administration, sustainable development. law enforcement and more international organizations Every day, hundreds of millions of Tencent users around are joining together to tackle networks of illegal wildlife Our corporate vision has always been to become the most the world, primarily in China, communicate, share traders. Besides the coordinated sharing of information respected internet company. We believe that, in realizing experiences, consume information and seek entertainment that leads to prosecution, there are stronger joint efforts, a connected future through the Internet of Everything, through our integrated platforms. Tencent’s core strategy with greater impact, to increase public awareness. we can develop a thriving ecosystem online and in the real in recent years has been to enrich people’s lives by focusing world. We will strive to ensure that each precious life on this

on two goals: first to establish extensively connected social Photo: © UNEP Meanwhile, Tencent’s own exploration of how to protect planet is protected at all times and by all means through our platforms with our two primary instant messaging tools, biodiversity and empower sustainable development through platforms, the internet and our partnerships. ▲

20 21 Roraima A. Andriani Serious, and growing

Environmental crime is a threat to peace and security and requires an organised response. Photo: © UNEP

The networks behind environmental crime employ all the environmental offences extends to issues of national and players, tools, structures and methods we find in other types international security, stability and sustainability. of organized crime: accountants, lawyers, politicians and Environmental crime shares many Environmental security is a key component of national law enforcement officials; bribery, corruption and fraud; security. Law enforcement agencies need to understand the use of modern technology as an enabler; exploitation of characteristics with drug and and embrace the role they play in ensuring their nation’s the global supply chain; front companies; off-shore bank- future prosperity by acknowledging the reality and effects ing; creative concealment methods; and document fraud, to firearms smuggling, of environmental crime, and by taking proactive steps to Roraima A. nvironmental crime is the fourth largest criminal name just a few. tackle them. Andriani E enterprise after drug smuggling, counterfeiting and counterfeiting, human trafficking Director, INTERPOL’s human trafficking. But this statistic – perhaps the most What is most revealing about this list is that none of the Now more than ever, international collaboration and coop- Organized and commonly cited regarding environmental crime – fails to items in it are specific to any one type of crime. Technology, and financial fraud and is eration is needed between law enforcement agencies and Emerging Crimes recognize the nature or scope of the problem, and implies for example, is used to facilitate the trade in wildlife, drugs their partners in both the public and private sectors. Simple Directorate it is less serious than other forms of crime. and people as well as to transfer, launder and hide illicit increasingly serious, organized but effective steps could include: funds. Global networks of registered owners, beneficial Environmental crime is no longer a new or emerging owners and front companies are employed to obscure the and transnational. • Multi-agency, multi-disciplinary teams which merge threat. It is a reality – the latest manifestation of an old true beneficiaries of crime, regardless of whether it is illegal environmental crime investigations with other policing and familiar form of serious and organized crime. It logging, financial fraud or drug trafficking. For the right disciplines such as digital forensics and financial shares many characteristics with other serious crimes incentive, corrupt accountants, politicians and law enforce- investigation; such as drug and firearms smuggling, counterfeiting, ment officials assist organized criminals – no matter what • Flexible approaches which look for opportunities to human trafficking and financial fraud and is increasingly type of crime they are engaged in. local communities or the law. This is a fundamental charac- investigate enabling offences as well as the environ- serious, organized and transnational in nature. teristic of transnational serious and organized crime mental crimes themselves; and The very real and documented links between environmen- regardless of the commodity involved. It highlights the • Systematic information collection and analysis to sup- INTERPOL’s unique position at the centre of the global tal crime and other serious crimes —including drug and importance of pursuing financial avenues of investigation port proactive, intelligence-led enforcement actions. law enforcement community allows it to identify and firearms smuggling, human trafficking, maritime piracy, against environmental criminals and not remaining satis- assess emerging trends in international crime. We pro- pharmaceutical crime and money laundering — are a fur- fied just with seizures, arrests and convictions. Last year, a INTERPOL actively assists its member countries on a daily vide warnings to our 190 member countries about ther indication that there is a common set of enabling joint UN Environment-INTERPOL report valued environ- basis to take the fight to the criminals, and protect the rule emerging trends – including through INTERPOL notices features linked to all forms of organized crime. This high- mental crime at between $91 billion and $258 billion, so of law upon which we all rely. These criminals may be orga- and intelligence products – in order to facilitate interna- lights the vital need to address the enablers as well as the huge illicit profits stand to be made. Freezing, seizure and nized, but they are not united. tional police cooperation. The intelligence we see in the criminal groups themselves. Tackling these enablers will recovery of the proceeds of crime – whether in the form of Organized and Emerging Crimes Directorate is clear: a have an impact not just on environmental crime but on all cash, property or other assets – are what really hurt the Together, the global law enforcement community has the growing and increasingly sophisticated international net- the forms of organized crime that depend upon them. criminals. capacity and expertise to disrupt and dismantle organized work of organized criminals lies behind such crime groups. By communicating, collaborating and adopt- environmental crimes as elephant and tiger poaching, Those involved in environmental crime — as in any form of The problem of environmental crime extends to public ing modern, innovative approaches to enforcement we can illegal fishing, illegal mining and logging, the illegal dis- serious and organized crime — are ultimately motivated by health and safety, food and water security, the economy, demonstrate to the criminals that we, too, are not only seri- posal of hazardous materials and e-waste, and the money. They aim to make as much of it as possible, as quickly sustainability of local communities and even regional polit- ous and organized, but united in our efforts to ensure that smuggling, sale and eventual consumption of illicit envi- as possible, with the minimum of effort, expenditure and ical stability. At INTERPOL, we use the term ‘environmental illegal exploitation of the environment does not go unpun- ronmental products. risk, and with absolutely no regard for the environment, security’ in recognition of the fact that the impact of ished. ▲

22 23

Reinhold Gallmetzer Prosecute climate crimes

Taking illegal emitters to court is a very cost-effective way of helping to achieve the goals of the Paris Agreement. © C UN Photo/Albert Gonzalez Farran Gonzalez Photo: © C UN Photo/Albert

facilitates greenhouse gas emissions, and thereby help expertise and resources to pursue them. Finally, the penal- achieve the objectives of the Paris Agreement. ties for associated crimes may be higher, and are thus a A significant share of greater deterrent. Law enforcement authorities are already equipped with the global greenhouse gas necessary legal tools to prosecute climate crimes effectively. Budgetary constraints require investigators and prosecu- Many legal systems punish environmental crimes such as Up to 90 per cent tors to identify priorities when selecting cases. Economic emissions results from, illegal deforestation or pollution, which may allow direct of logging in key crimes, and crimes against persons and their property, are Reinhold riminal justice can help achieve the objectives of the prosecution of greenhouse gas-emitting activities. countries involves given higher priority, as they are perceived to affect the core or is associated with, criminal activity. Gallmetzer C Paris Agreement on climate change as part of an inte- Prosecutors may also examine the broader context in which values protected by our legal systems more directly. Climate Appeals Counsel, Office grated approach from governments, private businesses, emissions occur, as well as their consequences, and target crimes are often deprioritised, especially when viewed as criminal activity. of the Prosecutor of the finance, science, civil society and others. them indirectly by focussing on crimes commonly associ- “only” affecting the environment, because they are not seen International Criminal ated with, or resulting from, emissions, such as corruption, to cause immediate harm to persons. However, this does not personal initiative by prosecutors and law enforcement Court A significant share of global greenhouse gas emissions results financial crimes or destruction of property. properly take into account the impact that climate crimes agents to establish the Center for Climate Crime Analysis, an from, or is associated with, conduct that violates existing can have on human life, on global security and on the econ- independent mechanism that will take an innovative criminal law. Those caused by deforestation and forest degra- Targeting associated crimes offers several practical advan- omy, especially in the long term. approach to reporting climate crimes by: collecting publicly dation are one striking example: a World Bank study on forest tages compared to the direct prosecution of greenhouse available information and leads through cutting-edge open- crimes found that up to 90 per cent of logging in key producer gas-emitting activities. This approach may use jurisdiction The International Criminal Court (ICC) cannot directly source investigation techniques; collecting additional tropical countries is illegal and involves criminal activity. In in countries other than those where the emissions are hear climate crimes, but the Office of the Prosecutor of the information through targeted requests and crowd sourcing; addition, INTERPOL’s guide on carbon trading crime shows released, by relying on criminal conduct taking place in third ICC has stated – in its recent policy paper on case selection conducting legal and forensic analysis of information in light how fraud undermines the carbon market, an essential countries or involving their nationals. Moreover, investigat- – that war crimes, crimes against humanity or genocide com- of potential climate crimes; and sharing information, leads mechanism for reducing greenhouse gas emissions. ing and prosecuting associated crimes is simpler as their mitted through, or resulting in, the destruction of the and analysis with the competent law enforcement agencies. factual basis is often narrower. Associated crimes are also environment, the illegal exploitation of natural resources or Even when emissions are not directly based on criminal con- more common and less technical, so authorities have more the illegal dispossession of land warrant particular attention The centre’s activities are intended to trigger and support duct, they may be associated with crimes – such as when selecting cases for investigation and prosecution concrete investigations and prosecutions by sharing infor- corruption, trade violations, financial crimes or fraud – com- before the ICC. Indeed, climate crimes are often intertwined mation and analysis which would otherwise only be available mitted, for instance, in the context of extracting or trading with other serious international crimes. As a result of this to individual law enforcement offices at a substantial finan- fossil fuels or timber. Moreover, if there is a concrete causal link, and through their impact on climate change, climate cial cost. They will also help preserve information that might link between a specific source of emissions and a harmful crimes may represent a threat to international peace and otherwise be unavailable to those conducting a formal inves- consequence – such as serious injury to body or physical security and potentially affect all of humankind and the very tigation long after the relevant events. Such activities health or the destruction of property – this may constitute a foundations of civilisation. Viewing climate crimes in this complement existing projects that support investigations crime. All these offences can be collectively referred to as cli- way should allow national authorities to reconsider and and prosecutions through capacity building and enhanced mate crimes. reprioritise their commitment to investigating and prose- cooperation. cuting them. Climate crimes are under-prosecuted due to: a misconcep- Scaling up the prosecution of climate crimes is both neces- tion that their prosecution has an uncertain legal basis; the Under-reporting of climate crimes to law enforcement sary and possible. It is a highly cost-effective way of helping low priority given to them; and their under-reporting in the agencies – and the fact that information made available by to achieve the objectives of the Paris Agreement. first place. Yet none of these reasons should stand in the way non-government organizations is often insufficient to trig-

of significantly scaling up the prosecution of climate crimes. NC SA M.Edliadi/ CIFOR Photo: © CC BY ger criminal investigations – are also major reasons for their The views expressed in this article are not necessarily those That would repress and deter criminal conduct that under-prosecution. This could soon be addressed through a of the Office of the Prosecutor (OTP). ▲

26 27 Nelly Luna Amancio Blood gold

Illegal mining is destroying Amazonia. © CC BY NC SA Ministerio del Ambiente Photo: © CC BY

labour and sexual exploitation, money laundering, orga- operate illegally, especially in the Chocó, Caquetá and nized crime and the trafficking of fuel, mercury and other Informal mining camps Amazon regions. In an interview with Ojo publico.com, chemicals used in mining. Those funding the mining activ- Óscar Amaya Navas, its prosecutor of environmental crime, ities employ indigenous people or migrants fleeing drought are destroying the most said that half the illegal mining trade is associated with orga- or famine from the poorest regions of southern Peru, such as nized crime gangs. the Cusco region, for $10 to $15 a day. biodiverse ecosystems in the Governments have tried various processes to bring min- Nelly Luna ay or night? It makes no difference in the Amazon gold Labour exploitation underpins this illegal economic activ- world and poisoning the ing into the formal sector with the aim of regulating gold Amancio D rush. The clatter of the hundreds of engines that pump ity, and results in other related illicit activities such as extraction in the Amazon and halting the destruction of Founder and water in search of the precious metal never stops. By day, human trafficking and sexual exploitation. A total of 307 land inhabited by hundreds ecosystems. In 2010, the Government of Peru initiated a pro- Editor-in-Chief of enormous trucks move the earth where forests once stood; cases of human trafficking between the Cusco and Madre cess to achieve this and to prosecute illegal mining: dredges Ojo-publico.com by night, the soil is washed with hundreds of cubic metres de Dios regions – representing almost 20 per cent of the of indigenous peoples. were banned, the land was developed and a mining exclusion of water to extract the gold. Informal mining camps extend national total – were reported between 2010 and January zone created in the Madre de Dios region, the only place in into Peru, Colombia, Bolivia and Brazil, destroying the most 2014, according to the Observatory of Crime of the Public which it was to be allowed. Two years later illegal mining biodiverse ecosystems in the world and poisoning the land Prosecutor’s Office. In the whole country, 1,800 individuals was included in the penal code as a crime – until then those inhabited by hundreds of indigenous peoples with mercury. were prosecuted for illegal mining, of whom 80 were con- responsible could only be investigated for pollution – and Huge tracts of tropical rainforest have become graveyards for victed and four imprisoned. associated prison terms were stiffened. trees, drenched in the toxic metal. Such informal gold mining has also been observed in Ecuador, After some delays and against a background of protests by The devastation was triggered by the increase in the price of Bolivia and Colombia. The Government of Colombia has miners, the process should have concluded in December gold and weak monitoring. A November 2016 report for the acknowledged that 87 per cent of metal-producing plants 2016, but by then not a single miner in Madre de Dios had Monitoring of the Andean Amazon Project indicates that become a “formal” one. Meanwhile, over the last two years 62,500 hectares of forest have been lost as a result of gold illegal mining has penetrated into one of the most biodiverse mining activities in Peru, where the most gold from informal reserves in the world, Tambopata, and destroyed around 450 sources is produced, mainly in the Madre de Dios, Puno and hectares of forest. In recent weeks the new Government of Cusco regions. Eight out of ten people in Madre de Dios – the Pedro Pablo Kuczynski has initiated a new process. region most affected by the devastation and pollution, and the origin of a tenth of the country's exported gold – harbour Aerial photos and videos of the area fail to show the full scale levels of mercury three times higher than the permissible of the environmental catastrophe the gold rush has caused limit. in the rainforest and its impact on the lives of the indigenous peoples. More than 30,000 people – including miners, trad- Half of the deforested and poisoned areas are located in ers, men, women, adolescents and children – are estimated © CC BY Juan Carlos Huayllapuma/CIFOR Juan Carlos Photo: © CC BY indigenous territories and in the buffer zones of three pro- to work in and be exploited every day in Madre de Dios. Gold tected areas: the Tambopata National Reserve, the Bahuaja continues to be extracted illegally, joining a supply chain Sonene National Park and the Amarakaeri Communal that has its final destinations in some of the largest refineries Reserve, created to protect the culture and development of in the world. It is blood gold. ▲ the Harakmbut indigenous communities. http://maaproject.org/category/gold-mining/

As well as destroying the lands of indigenous peoples, infor- Photo: © NTB Scanpix http://ojo-publico.com/dirty-gold-chasing-the-trace-of- mal mining has brought about an illicit economy based on the-london-bullion-market/

28 29 Gustavo A. B. da Fonseca, Evelyn Swain Making gold greener?

Addressing mercury pollution from small scale, often illegal, gold mining.

– form. Liquid mercury evaporates even at relatively low ambient temperature, and can be dispersed over long dis- tances by the wind. It binds with gold to form an amalgam,

which is then heated to a high temperature to vaporise the for CIFOR NC Ollivier Girard Photo: © CC BY mercury and extract the precious metal. This is often done with rudimentary equipment such as a blowtorch or – in the worst circumstances – over stoves in the miners' own homes. Gustavo A. B. da oorly regulated gold mining is spreading around the world. Sometimes cyanide is used on the mining tailings to extract The GOLD programme is designed to address the situation Fonseca P Every day, millions of artisanal and small-scale gold min- yet more gold, and it combines with the mercury to make Governments will support mining by providing funds to countries with a sizeable gold mining Director of Programs, ers work extremely hard in often poor conditions and without compounds that are easily dispersed in water and taken up in sector, and where many artisanal miners still rely on mercury Global Environment the protective framework of formal labour market standards. food chains. communities with new policies for gold extraction. GEF funding amounts to $45 million, and Facility By evening the vast majority have harvested only miniscule is expected to attract co-financing of more than $135 million amounts of gold, if anything at all. But the economic incentives Breathing in mercury can damage the nervous, digestive, and regulations, mercury-free from governments, international financing institutions, and are still attractive. Since ancient times, gold has continuously and immune systems. Ingesting it can cause the condition private sector companies. been used as a source of long-term investment, and it has now called Minamata Disease, after a coastal city in Japan where technologies, and loans to pay found its way into modern technologies and industry, includ- humans and animals ate mercury-laden fish and shellfish Governments will use the money to support mining commu- ing computers, cell phones and medical equipment. Global from the local bay. Its most notable symptoms are convul- for them. nities by devising and implementing policies and regulations, financial turmoil has helped more than double the price of sions, loss of muscle coordination, and damage to vision, introducing new mercury-free technologies, and designing an ounce of gold from $500 to well over $1,000 over the past speech, and hearing. Pregnant women exposed to the toxic and deploying ways of providing miners with loans to pay for Evelyn Swain decade. Many poor people in rural areas have shifted their metal are susceptible to giving birth to babies with congenital them. Producers will be connected to international markets Environmental attention from agriculture to mining as a source of livelihood. diseases. among other things, the Convention aims to regulate and and supply chains which favour gold that uses less, or no, Specialist, Global eliminate the practice. A recently approved programme, mercury in its extraction. The programme will build strong Environment Facility Such mining is now responsible for an estimated 20 per cent In 2013 the global community finally came together to Global Opportunities for Long-term Development (GOLD) partnerships with the private sector, including major jewel- of all gold produced globally. It is scarcely regulated and stan- address mercury pollution in a coordinated way, adopting the in the Artisanal Small Gold Mining Sector, is designed to help lers, electronic manufacturers, and gold refiners. dards are rarely enforced, especially as it is generally spread Minamata Convention on Mercury to control its production artisanal gold miners eliminate the use of mercury across sev- across remote areas that are difficult to access. It is plagued and use. The Global Environment Facility (GEF) was named eral countries, and provides an example of concrete action. The GOLD programme is being managed by four imple- by illegal practices, often involving child labour – and by a big as a financial mechanism to the convention, mirroring sim- menting agencies: UN Environment, the United Nations environmental footprint from deforestation, mercury pollu- ilar such mandates from other multilateral environmental Using mercury in mining is also very wasteful. It achieves Development Program, the United Nations Industrial tion, and the degradation and sedimentation of watercourses. agreements. In this capacity, the GEF is helping countries only about 20-30 per cent efficiency in recovering gold Development Organization, and Conservation International. to achieve the objectives agreed under the Convention to compared to 60-90 per cent from alternative, much cleaner The first beneficiary countries are: Burkina Faso, Colombia, Perhaps the most insidious aspect of this, both for people address the risks that mercury poses to human health and the methods. So miners have a big financial incentive to switch, Guyana, Indonesia, Kenya, Peru, Mongolia and the and the environment, is the use of mercury to recover min- environment. besides protecting their health. However, they often do not Philippines. Through this programme, developing countries ute gold fragments dispersed in soil and rocky sediments. A know about the alternatives and – if they do – they are unable from three continents are coming together to shine light on heavy metal found in the natural environment, mercury can Artisanal and small-scale mining is the single biggest use of to invest in them because they find it hard to borrow money artisanal gold and help to rid the world of the harmful effects become highly toxic when used in its elemental – or liquid mercury worldwide, accounting for a third of the total and, from conventional sources. of mercury. ▲

30 31 Emmanuel de Merode Creating hope

Development is ending wildlife crime in Africa’s oldest national park. © CC BY NC Philip Milne Photo: © CC BY

The pilot 400 kilowatt plant near Mutwanga brought Existing between these affordable electricity to 3,600 homes and the launch of the and drastic intensification of firepower. The impact of wild- 13.6 megawatt Matebe plant in December 2015 has enabled life crime cannot be overstated. The illegal exploitation of extremes of economic poverty the park to begin delivery of free electricity to schools and natural resources has led to the critical endangering of hospitals and cheap energy to local homes and businesses. thousands of species around the world through poaching and natural wealth, the park is It is estimated that Matebe could bring up to 12,000 sus- and the destruction of delicate and vital ecosystems. It also tainable jobs for people in and around the hard-hit region has a profound impact on human populations, strengthen- an easy target for those looking of Rutshuru, highly significant in a country with an 80 per ing the power and influence of armed groups, undermining cent unemployment rate. Emmanuel de n a seemingly dark and tumultuous world, I find the greatest the rule of law, threatening national security and locking to make vast personal profits. Merode I beacon of hope here in the Virunga National Park, eastern local communities into cycles of instability. Many young men see their only way out of poverty as joining Congo. Hope that, through the efforts of those working to a militia group, thus feeding instability in the region and ille- Director and Chief protect the park, we can maintain an example of a working Yet, despite such challenges, I remain optimistic for the gal poaching within the park’s boundaries. The Virunga Warden, Virunga National Park, Democratic Republic green economy providing both stability and conservation. future. In the case of Virunga, I believe the park can play a key role in providing economic growth in the region. The Alliance has been undertaking extensive work to help of Congo national park exists in a precarious balance between the improve infrastructure to encourage investment and new The job of a Virunga ranger is one of the most dangerous in demands of development – in a region lacking even basic business development, so helping to create more jobs for conservation. Comprising over 7,800 square kilometres of infrastructure – and conservation. Its protected status pre- local people. The hydro facility at Mutwanga powers a local forests, savannahs, swamps and glaciated peaks, the park vents access to 1.2 million acres of fertile land, which, if soap factory that brought 400 jobs to the community, and poses significant challenges to those tasked with its protec- farmed, would offer more than $1 billion to local people. offers increased income to the 8,000 farmers who provide it tion. Though one of the most naturally rich protected areas This reveals the tensions at play, which manifest themselves with sustainably grown palm oil. It is hoped that 60,000 new in the world, Virunga National Park is situated in one of its in illegal and violent activity perpetrated by militias looking jobs will be created as a result of similar investment in poorest regions. Existing between these extremes of eco- for financial or political gain. For the park to survive, an eco- agro-business. Tourism is another major driver for positive nomic poverty and natural wealth, the park is an easy target nomic model that meets the needs of the population must be change in the region, and completing the park’s Mikeno for those looking to make vast personal profits. Poaching has put into place, as ultimately, it is the people that live around Lodge has also brought jobs and new infrastructure. become rampant, as has the clearing of protected rare forests the park who suffer most. This is where the park’s sustain- for charcoal. This exploitation also leads to deadly conflicts able development initiative, the Virunga Alliance, comes As a conservationist, my job is to protect the park and its and threatens not just local populations, but the very exis- into play. By utilising the park’s natural resources in an eco- huge wealth of flora and fauna. Yet my role in Virunga has tence of the park. Over 150 rangers have laid down their lives logically responsible way, it aims to attract viable industries shown me that effective conservation also means taking into in the line of duty over the past ten years, all in the name of that are invested in its on-going protection. account the needs of local communities. Only when they protecting this beautiful natural area. begin to see the park as an asset, rather than a restriction, In an area as poor as eastern Congo, the largest expense is will we be able to ensure its survival. The battle to protect Tragically, the situation in Virunga is not exceptional; wild- energy. So the Virunga Alliance aims to tackle energy pov- Virunga, and many other protected areas like it, cannot be life and forest crime is rife within many of the world’s most erty by providing a safe and cheap alternative; hydropower. left to the hard work of park rangers alone. spectacular protected areas. It saddens me greatly to learn Constructing low impact hydro plants in the park is work- that wildlife crime, which I have dedicated most of my life to ing to supply reliable and affordable electricity to four A concerted, global effort is needed to tackle the causes of fighting, has grown into one of the largest transnational million people living near its borders. The plants offer an wildlife crime in national parks. The Virunga Alliance is organized criminal activities. Thanks to the huge amount of alternative to the current fuels used by local people and pushing for real social and economic change in eastern Congo

money behind the demand for charcoal, bush-meat and rare NC ND WildlifeDirect Photo: © CC BY businesses: kerosene, which is costly; and charcoal, which is – the only way to help bring peace and prosperity, and to build furs, the rangers face a rapidly increasing level of violence often poached illegally from within the park. a safer future for local people and park rangers alike. ▲

32 33 Swatanter Kumar Clearing the air

Tackling the environmental crime of India's air pollution. © CC BY Ville Miettinen Ville Photo: © CC BY

“There are seven major contributors of air pollution in all However, this is a short-term solution, impractical to apply these States more particularly NCT, Delhi. These are: on a permanent basis. Crop burning adds to the equa- In a country as diverse 1. Construction activity and carriage of construction Material; tion. Burning agricultural residues is a common feature in 2. Burning of Municipal Solid Waste and other waste; Delhi and surrounding states like Uttar Pradesh, Punjab, as India, environment 3. Burning of agriculture residue; Rajasthan and Haryana. Farmers set fire to the standing 4. Vehicular Pollution; straw to clear the fields. protection needs to 5. Dust on the roads; 6. Industrial and power house emission including flyash; The standard for PM10 is 100 µg/m3, and for PM2.5 60 µg/m3. be a collective effort Swatanter Kumar inety-eight per cent of cities with more than 100,000 7. Emissions from Hot-Mix Plants and Stone Crushers.” These were found to be utterly violated after the Diwali fes- µ 3 Chairperson, National N inhabitants in low and middle income countries do tival in 2016: PM10 was recorded as 1,690 g/m and PM2.5 where Government 3 Green Tibunal, India not meet World Health Organization (WHO) air quality The Tribunal has sought to implement various measures as 885 µg/m at Anand Vihar, Delhi. The average values in guidelines, concludes the WHO Global Urban Ambient Air to deal with the increasing pollution levels, such as enforc- Delhi were 950 µg/m3 for PM10 and 590 µg/m3 for PM2.5 and the people come Pollution Database 2016 update. In high-income countries, ing a ban on 10-year-old diesel vehicles, imposing fines on on 30 October 2016. This led to the Tribunal framing emer- however, that percentage decreases to 56 per cent. In South burning municipal solid waste in the open and not cov- gency measures that must be undertaken without delay together. Asia, air pollution is especially acute in such countries as ering construction materials during transportation and when the parameters reach such dangerous levels. These China, Indonesia and India, requiring State authorities to construction. include sprinkling water from helicopters all over the city take immediate action to safeguard the health of their citi- and other areas where pollution levels are found to exceed zens. Long-term health effects include respiratory diseases Another measure adopted in Delhi was the odd and even the standards, directing the shutdown of all stone crushers like lung cancer and even damage to the brain and an rule, which entailed that cars bearing odd and even num- working in the area, and temporarily stopping all construc- increased risk of heart disease. A WHO study estimated bers ply the streets on alternate days, so as to reduce the tion and demolition activities and transport of construction that about 12.6 million deaths in the year 2012 could be number of vehicles on the road and thus vehicular pollution. material until ambient air quality is brought down below linked to an unhealthy environment. India's Air severe pollution levels. (Prevention and Control of Pollution) Act, 1981 defines air pollution as “the presence in the atmosphere of any air pol- Sustainability is the keyword for our times. Development lutant” and an air pollutant as “any solid, liquid or gaseous and environmental protection need to be seen as comple- substance including noise present in the atmosphere in mentary to one another. An either/or approach will only such concentration as may be or tend to be injurious to bring about further destruction. As the great nature writer, human beings or other living creatures or plants or prop- 98% of cities with Henry David Thoreau, aptly stated: “What is the use of a erty or environment.” more than 100,000 house if you haven't got a tolerable planet to put it on?” . The © CC BY SA M Photo: © CC BY inhabitants in low Tribunal's experience in adjudicating these cases has been A National Green Tribunal was established under a 2010 and middle income that there is poor execution of its judgments. The limbs Act with a dedicated jurisdiction for effective and expedi- countries do not meet of the state machinery fall short in curbing the menace of WHO air quality tious disposal of cases relating to environmental constitution, three provisions combine to form an envi- guidelines environmental pollution caused by industrial and other protection. In my time as Chairperson of the Tribunal, two activities due to lack of coordination between them; lack of ronmental triangle. Article 21 ensures the right to a clean major cases of air pollution have been Vardhaman Kaushik information and knowledge about the effects that our activ- and decent environment, Article 48A puts a duty on the vs. Union of India & Ors. (O.A. No. 21 of 2014) and Vikrant ities are having on the environment is another challenge; State to protect and improve the environment and Article Kumar Tongad vs. Environment Pollution (Prevention & and ignorance of the various statutes, rules and orders is 51A(g) casts a responsibility on the citizens of the country Control) Authority and Ors. (O.A. No. 118 of 2013). Ambient detrimental to their enforcement. In a country as diverse to protect and improve the natural environment. If these air quality in Delhi has deteriorated significantly over the as India, environment protection cannot be ensured by the provisions are implemented in their true letter and spirit,

last few years. This has been the result of a number of fac- Decaillet NC ND Francois Photo: © CC BY Government alone. It needs to be a collective effort where a healthy nation free of environmental transgressions is not tors. The Tribunal noted in the Vardhaman case that: Government and the people come together. In India's far away. ▲

34 35 Photo: © CC BY CIFOR work for planet and people Making environmental law UN Environment at Work 36 V sustainable development andtheachieve ing environmental pressuresfrom climate of thisshortfall canbeseenintheincreas andobjectives.tal goals Theconsequences the 90most importantglobalenvironmen cant progresshasonlybeenmade onfourof Outlook reported,forexample, thatsignifi ing withthem.Thefifth GlobalEnvironment when it comes to implementing and comply mental problems, therearemajorchallenges laws andregulationsexist toaddressenviron levels. Thoughhundredsoftreaties, national andobjectives atall ment ofagreedgoals environmental crimes, canundermine iolations ofenvironmental law, including ------are women andgirls. Conversely, natural Poor people are especially vulnerable, as last 60yearshave alinktonaturalresources. least 40percentofinternalconflicts over the unequal distribution ofbenefits. Infact,at loss oflivelihood, oran ronmental damage, exploiting naturalresources causesenvi- The risksofviolentconflictincrease when growing socialinequalities. consequences andcontributetopoverty and all have far reaching economicand social among others. Theseenvironmental impacts and water pollution, and soil degradation, biodiversitychange, loss, water scarcity, air - essential theenvironmental ruleof law and around the world that make clear how ing numberofexamples fromitswork UN Environment can pointtoanincreas- all thosecriticaltoimplementing it. investments andincreasesinthecapacity of including throughsignificantly enhanced be promoted andstrengthened atalllevels, happen, theenvironmental ruleoflaw must form forpeaceandjustice. But,ifthisisto sustainable development –aswell asaplat- law, can be the engine for green growth and transparently, andonthebasisofrule sustainably,resources thataremanaged resources could have been used to build directly operating intheconflictzone.These country. Thisfinances over 25armedgroups inal networks operating inandoutsidethe totransnational organizedcrim- go Congo eastern partoftheDemocraticRepublic of charcoal andtimber–inthe ticularly gold, illegally exploiting natural resources –par Around 98 per cent of the net profits from (17 percent). (23percent)andfinancialcrimecybercrime (39 percent),drugtrafficking(36 as corruption (42percent),counterfeiting convergence withother serious crimes, such security. Inaddition,84percentreporteda activities increasinglythreatenpeaceand ing thatnew andmoresophisticated criminal crime tobeanationalpriority, withmost say ipating countriesconsideredenvironmental security. More than80percentofthepartic- around environmental crime,peaceand report lookingattheconvergence ofthreats surveyed closeto70countriesforajoint Last year, INTERPOL and UN Environment partnership withINTERPOLandothers. through thework ofUNEnvironment, in This misperception isslowly beingcorrected inter-generationally." human health local economiesanddamage the disposal ofhazardouswastes candestroy mental crimesthatinvolve pollutantsand types of crime. On the contrary, environ- crime issomehow alesseroffencethan other misperceptiongeneral thatenvironmental Environment Assembly: "There still exists a the inauguralsessionofUnitedNations Foundation in the Philippines, put it during Tony Oposa, PresidentoftheLaw ofNature a softercrimethanthesestill persists. AsMr. in smallarms. Yet acommonbeliefthatitis ficking andhasoutstripped theillegaltrade smuggling, counterfeiting and human traf- fourth largest illicitenterpriseafterdrug Environmental crime is now the world’s ronmental disputes. judicialforumsinaddressingenvigeneral - driven by publicdissatisfaction withexisting or planningthem.Thistrendispartlybeing about another 20countriesarediscussing the national or state/provincial level, and mental courtsortribunalsin44countriesat benches'. Today there are over 1,200 environ- ronmental courtsandtribunals, and'green supporting effortstocreatespecialized envi - Environment hasplayed animportantrolein gional, regionalandinternationallevels. UN and other stakeholders atnational,sub-re- enforcement agencies, auditing institutions It supportscourtsandother tribunals, law with increasingenvironmental pressures. sound institutions aretosocieties faced Photo: Shutterstock - - address environmental crimesasa serious of law. must The goals betorecognize and ing andimplementintheenvironmental rule Governments ontheirrequest –indevelop- Nations system– andtosupportnational dated UNEnvironment toleadtheUnited That iswhy UNMember States have man- pinned by collaboration across borders. it requires a multi-sectorresponseunder eted andgrowing atsuchalarmingratesthat Environmental crime is complex, multifac- ery forpeopleandcommunities. instead exacerbate andspreadfurthermis- infrastructure, hospitalsandschools, but in andoutside thecountry. organized criminalnetworks operating Republic of Congo goto transnational – intheeastern partof theDemocratic particularly gold,charcoal andtimber illegally exploiting natural resources – Around 98percentof thenetprofits from

Photo: © CC BY CIFOR - achieving thisaim environmental ruleoflaw iscriticalto environment-related extreme events. The the resilienceofpoorand vulnerable to sustainable development andby increasing and the planet, by helping to provide just and committed todelivering resultsforpeople environmental crime. UNEnvironment is and adjudicationcapacitiesintheareaof ical supportsoastoenhanceenforcement increase capacity buildingandtechnolog- international andnationallevels; andto of law at alllevels; toimprove legislationat ment; tostrengthen theenvironmental rule threat topeaceandsustainable develop- .

▲ 37 Wang Beijing Delivering on the mission

How China meets its international commitment to halt the illegal wildlife trade. © CC BY NC IFAW Photo: © CC BY

exports was 24.6 trillion yuan, compared to 3.9 trillion yuan species, setting a new record. The bureau strengthens coop- in 2000. Needless to say, the number of parcels grows even “No matter how minuscule eration and synergies with the CITES Secretariat, UN faster with the development of e-commerce. Customs offi- Environment, the CITES China Office, INTERPOL and the cers need to work smartly, using our intelligence, in the face or how vast, only protection other domestic and foreign law enforcement agencies in of such challenges. will make them last. We order to crack down effectively on wildlife smuggling. China Customs has built up an intelligence database to pro- In 2015, based on internet analysis, China Customs identi- Wang Beijing o matter how minuscule or how vast, only protection file high-risk consignments. It accommodates such need to help the ones fied a syndicate smuggling cacti from Germany. The “Nwill make them last. We need to help the ones that different sources of information as entry and exit records, smugglers transported the cacti from the USA to Europe Deputy Director of the can't help themselves, because they become extinct so fast.” suspicious activity reports, the customs declaration system, and sold them on the internet; after being purchased online International Enforcement that can't help themselves, Cooperation Division, and the pool of cases, thus enabling customs intelligence they were sent to China in parcels. The Anti-smuggling Anti-smuggling Bureau, Wildlife diversity makes our earth different. However, what analysts to construct profiles based on different types of because they become Bureau shared the information with the German Customs General Administration of is rare is also precious and profitable. China Customs, as an crimes. Investigation Bureau and worked with them closely for China Customs administration at the border, is committed to its mission of extinct so fast.” almost a year – despite a six-hour time difference between wildlife protection and will continue to forge ahead with it. If an analyst wants to work on the smuggling trend for pan- the two countries – fixing the time for a joint operation golin scales, for example, he or she will look at the most which led to the seizure of 1,400 pieces of cacti and seven China implemented the Convention on International Trade abused route of trafficking, the modus operandi and online smugglers. In Endangered Species of Wild Fauna and Flora (CITES) in shopping – and then may issue an intelligence report to help 1981. Ever since, China Customs has endeavoured to protect frontline officers pick up high-risk flights and routes, and As wildlife smuggling is a transnational crime, the Anti- wildlife through cracking down on smuggling. Its staff, consignments for further inspection. Thus intelligence airports and land borders to help raise the efficiency of its smuggling Bureau cooperates with many enforcement intelligence, machines and dogs provide the most import- profiling at the border by Shanghai Customs on 10 inspections. In future, China Customs will use robots and agencies through intelligence sharing, mutual assistance, ant support for frontline officers at the border. December, 2016 identified for inspection a high-risk con- small unmanned aerial vehicles for making inspections and joint operations, and repatriating fugitive criminals and tainer imported from Africa. X-ray scanning produced an In 2016, China Customs collecting intelligence. wildlife – and organizes and participates in many interna- The quality of personnel is essential. China Customs orga- abnormal, uneven image for the container, whose contents filed138 wildlife tional or regional joint operations. Last year, it received a nizes capacity-building on how to recognize endangered were declared as African afzelia and Customs decided to smuggling cases in Dogs are friends of China Customs, which has three centres Clark R. Bavin Wildlife Law Enforcement Award – for the species jointly with UN Environment, the CITES make a physical inspection. When the container was 2016, leading to the providing detection dog training. We pioneered such train- third time – at the CITES conference of the parties in seizure of a record 398 Secretariat and its China Office and non-governmental opened, 101 bags containing 3.1 tons of pangolin scales were tons of controlled ing to identify ivory, and deploy dogs in some big ports and Johannesburg in recognition of China Customs' great con- organizations such as Traffic and WWF in order to raise found to be piled up behind some afzelia wood – the biggest species. airports. On March 27, 2014, one of them, called ‘Jinli’, made tribution to wildlife protection. frontline officers' awareness. This helps these officers to be such haul ever detected by China Customs. the very first detection of ivory at Guangzhou Airport, the familiar with the convention and the species in its annexes, first of 16 that year. China Customs will train more wildlife The problem of wildlife smuggling cannot be solved unilat- particularly as the annexes change from year to year. They Machines are helpful tools, and innovation and new technol- detection dogs in future. erally. It requires synergy between countries of origin, are more alert in making inspections when they have seen ogy is shaping the future and changing the world. Customs countries of consumption and countries of process. In actual samples. will adapt to new trends and use new technologies to free our Besides its frontline officers, China Customs has a special Chinese philosophy, we believe that everyone belongs to hands and improve efficiency. X-ray machines – particularly task force, the Anti-smuggling Police, authorized by the one family in a united world and that everyone should take Intelligence makes customs smart. As international trade 3D scanning technology – are quite efficient and effective in state to investigate wildlife smuggling cases. In 2016, the responsibility. The Chinese Government's zero tolerance develops, the volume of cargoes, parcels and passengers helping identify contraband. China Customs has placed 286 Anti-smuggling Bureau of China Customs filed 138 such for the ivory trade reveals its attitude, and China Customs is grows rapidly. In 2015, the value of China's imports and large-scale machines at sea ports and 2,000 small ones at cases, leading to the seizure of 398 tons of controlled ready to take on the task and deliver on the mission. ▲

38 39 Practices that minimize the use of fertilizers and natural resources in order to reduce environmental degradation. Zakaria Arshad 4. Providing laboratory analytical services to maintain soil fertility through using quality organic and inorganic fertilizers. Ethical business The settlers and smallholders are the ultimate beneficiaries of these efforts to increase yield, enhance operational efficiency and reduce overall costs. Ultimately, we endeavour to produce more with less, thus reducing our works best environmental footprint. We have been a member of the Roundtable on Sustainable Palm Oil (RSPO) since 2003 and were amongst the first few to test its Principles and Criteria for sustainable palm oil. A personal journey to sustainable social and In 2010 we became the first smallholder organisation in the world to achieve RSPO certification. So far we have certified economic development and conservation in 60,000 smallholders under FELDA’s RSPO membership, almost one-third of the total certified globally. Despite compliance with the law. having to withdraw some RSPO certifications due to non- conformities in its supply base, FGV has committed to

© CC BY NC CIFOR Photo: © CC BY certify all of its 71 mill complexes by 2021. Realising that we could not solve some sustainability and social compliance issues by ourselves, we initiated – and participated in – roundtable discussions with industry peers, NGOs and In 2007 Felda Global Ventures (FGV) was incorporated, no shortcuts for our organization: non-compliance in any regulatory agencies to find pragmatic solutions. mainly to acquire an international downstream business legal, social or environmental requirement is both myopic and diversify FELDA’s portfolio. The original settlers, and counterproductive in the long run. Independent smallholders outside FELDA schemes are including my parents, are the beneficiaries of a trust brought into sustainable practice by the constant engagement that owns 20 per cent of the shares in FGV and thus We take every step to ensure that land is not cultivated at the of external parties such as our joint venture partners (Procter complements their income. expense of local communities or the environment, through & Gamble), smallholder organisations, NGOs, private obtaining approvals from the Land Department to ensure plantation companies and governmental agencies. Zakaria Arshad orty-four years ago my parents joined the Government FGV is now the world’s largest producer of crude palm oil, designated land is free of social encumbrances; from the Director and Chief F of Malaysia's settler programme administered by the producing more than 3 million tons annually. It continues Department of Agriculture to ensure soil suitability; and We measure and reduce our carbon footprint and, in Group President and Federal Land Development Authority (FELDA), a decision to source oil palm from the smallholder lands managed from the Department of Forestry and Geology to ensure 2016, cut the emissions from 15 biogas plants by a total of Chief Executive Officer, that has had a big influence on my life, right up to today. by FELDA (which forms almost 35 per cent of our supply 60,000 smallholders no sensitive area is touched. Only designated areas are 87,429 tons of carbon dioxide equivalent. We established Felda Global Ventures, base) and remains committed to sustainable production, have been certified considered for economic development. the country’s first biomass power plant in Sabah in Malaysia FELDA was formed in 1956 to reduce poverty. It resettled ensuring that we can increase productivity whilst taking through FELDA’s 2011 and were the first company in Asia to receive people and provided them with incomes through into account the need to safeguard the natural environment membership in Despite such caution, FGV has faced challenges in International Sustainability and Carbon Certification the Roundtable on cultivating rubber and oil palm with its assistance and as well as the land and our people. Sustainable Palm Oil. managing some areas it reserved for conservation. A local (ISCC), which meets the requirements of the EU World Bank funding. By the time large-scale settlement community encroached into High Conservation Value Renewable Energy Directive. ended in 1990, the programme had helped resettle 114,400 FELDA and FGV take environmental crime seriously. peatland, for example, at one of FGV’s properties in West households, cultivating 853,313 hectares in 12 of the 13 We believe in putting in the extra effort to ensure we Kalimantan. We have engaged an independent party to FGV works with FELDA to ensure that other environmental Malaysian states. Each family received a 0.25 hectare comply with all relevant laws and regulations. There are study the extent of the damage, and appointed a social issues – such as waste management, Biodiversity and High housing lot and 4 to 6 hectares of land. mediator to consult with the local people and government Conservation Value – are given due attention, and engages to achieve a mutually acceptable solution. the National Wildlife Department, Malaysian Nature It was hard going because these new settlements were Society, Borneo Conservation Trust, National University in rural areas far from cities, but FELDA provided My views and FGV has an immense responsibility to ensure that it of Malaysia and the Forest Research Institute of Malaysia the necessary amenities and facilities: retail stores, has minimal impact on the environment, especially to encourage environmentally sound practices among police stations, schools, mosques and other places of perspectives have surrounding our estates. Such activities as reducing soil communities surrounding the plantations. worship, community halls, roads, health clinics, women’s erosion, managing waste, and using a suite of bio-controls associations, public libraries, youth clubs and playgrounds. been shaped by to control pests and protect water bodies have long been My opportunities in life have been influenced largely From humble beginnings, the scheme has successfully among our practices. We have almost 100 researchers by how my family worked the estate that FELDA helped raised settlers' incomes well above the $300 a month an organization specialising in biology, biotechnology and applied establish. My views and perspectives have been shaped by national poverty line to a current average of $700 a month. technology primarily engaged in: an organization that continues this sustainable journey that continues to uplift people's lives. Our diligence in complying with FELDA helped settlers market their produce through a 1. Producing plant materials to increase production, relevant legal, social and environmental requirements network of supply chains provided by its departments. this sustainable including molecular research to supply specific traits – combined with our commitment to technology and These evolved to become corporations and/or subsidiaries such as high yield, low height increment, and tolerance to improvements of agricultural practices – has enabled FGV of a company – Felda Holdings Berhad – that it established journey to uplift drought and Ganoderma (a fungus). and smallholder families to develop land sustainably over and exclusively owned. My first job was as an administrative 2. Minimizing the use of agrichemicals through integrated the long term. I am personally humbled by the magnitude assistant in FELDA in 1984. In the 1980s the original settlers people's lives. pest management services, including advising on the latest of the responsibility to give something back to this were given a stake in the business. FELDA completely methods in managing pests and disease. organization that has given so much to me, my parents, repaid the World Bank’s loans before their full term. 3. Offering agronomic advisory services for Good Agricultural siblings, the socially disadvantaged and the nation. ▲

40 41 Clare Perry Smuggling destruction

The illegal trade in ozone-depleting substances and greenhouse gases should be much higher on the international agenda. ©CC BY NC Niall Kennedy Photo: ©CC BY

Even though all life on Earth depends on the ozone layer, refrigerant smuggling gets less attention than other major elements: the concept of common but differentiated responsibilities, which allows developing countries more transnational crimes such as drug trafficking. time to phase out the substances. In creating differing schedules, the architects of the Protocol unwittingly cre- ated the conditions for a black market. illicit HCFCs. An estimated 50-70 per cent of refrigerants by the end of the century. However, its formal entry into are shipped in large containers, such as ISO tanks, present- the climate world brings new challenges, not least that The first cases of illicit CFC trade emerged in the mid- ing a new enforcement challenge as inspection and detection countries will have to address controlling HCFCs and Clare Perry t was a warm July day in 1997 when a fax arrived at the 1990s. Production and imports of new CF Cs were banned measures have previously focused on smaller cylinders. HFCs simultaneously. ILondon headquarters of refrigerant company Trans-Cool in developed countries but a large bank of equipment rely- Climate Campaign Trading from a Chinese chemicals supplier. It was sent in ing on them still remained, providing a market. Recycled Meanwhile there are still seizures of CFCs, despite their When developing countries began phasing out HCFCs in Leader, Environmental Investigation Agency response to an enquiry about the possibility of importing and recovered CFCs were legal but expensive, while a dra- being officially phased out in 2010. In July 2015, two con- 2013 they had already completed the CFC phase-out three (United Kingdom) banned chlorofluorocarbons (CFCs) into Europe. matic rise in CFC production in China and India produced tainers with almost 600 canisters of CFCs and HCFCs years before. The new HFC amendment requires them to large quantities of cheap virgin materials for unscrupulous were confiscated in Rotterdam in transit from China to cap and phase down HFCs from 2024, when they will be The fax stated: “Frankly speaking, we are supplying F-12 traders. At the time, it was estimated that 20 per cent of the Russia. Other recent CFC seizures have taken place in the about half-way through the HCFC phase-out. HFC con- overseas. However, some clients ask us to reduce purity and global CFC trade was illegal. Solomon Islands, Uzbekistan, Belarus, Turkmenistan, trols will be based on measurements of carbon dioxide make F-12 like to be [sic] recycled for the sake of import Micronesia, Russian Federation and the Philippines. equivalency while HCFC controls are formulated on their licence. The above is our secret between you and me. Do not Our investigations into ODS smuggling have led to Spain, ozone-depleting potential. And the HFC amendment leak it out.” the India-Nepal border, Singapore and China, raising Since production is meant to have ceased, where are these envisages a phase-down to a level of 15 per cent of the base- awareness of the scale of the trafficking and assisting law CFCs coming from? One potential source is the increas- line, rather than a complete phase-out of the chemicals. All Unfortunately for the sender, Trans-Cool Trading was a enforcement agencies in understanding smuggling meth- ing manufacture of these chemicals for feedstocks, this adds considerable complexity to enforcement. false-front company set up by the London-based ods and routes. exempt from Montreal Protocol phase-out controls: more Environmental Investigation Agency as part of an under- than 170,000 tonnes of CFCs and 711,000 tonnes of Illegal HFC trade has already been identified in Europe, where cover investigation to gather evidence on illegal trade in Despite licensing, training and enforcement efforts, illegal Just one tonne of HCFCs were used as feedstock in 2014. This exemption a phase-down began in 2015. One industry player estimates CFC-12 has the same ozone-depleting substances (ODS). Rather than securing a trade persists to this day, driven by high profits and low means that countries can continue to produce large quan- that HFCs with a warming potential equivalent to more than impact as 2,300 cars business deal, the offer was published in a report launched risks. The focus is now on hydrochlorofluorocarbons driven for a year. tities of cheap ODS while their use in refrigeration and 10 million tonnes of CO2 were illegally placed on the EU mar- at a Montreal Protocol meeting in September 1997, helping (HCFCs), less potent ODS produced as transitional replace- other ‘emissive’ applications is banned. Since alternative ket in 2015, representing 5 per cent of the total quota. to secure an agreement to licence ODS trade. ments for CFCs. Developed countries have nearly new refrigerants inevitably cost more, there are clear completed the phase-out of HCFCs but developing coun- incentives for illegally diverting feedstock. Even though all life on Earth depends on the ozone layer, Global alarm over damage to the ozone layer led to the sign- tries have only started it, aiming for a 35 per cent reduction refrigerant smuggling gets less attention than other major ing of the Montreal Protocol on Substances that Deplete the by 2020. With accelerating demand for refrigeration and Last October, after almost a decade of discussion, the transnational crimes such as drug trafficking. Illegal ODS Ozone Layer in 1987. Starting with the most potent ODS, the air-conditioning, HCFC use is three times greater than Montreal Protocol adopted an amendment to phase down trade both threatens the recovery of the ozone layer and treaty has successfully phased out 98 per cent of them and peak CFC production so the scale of HCFC illegal trade is hydrofluorocarbons (HFCs), non-ozone depleting green- exacerbates climate change – just one tonne of CFC-12 has put the ozone layer on the path to full recovery by 2070. likely to be correspondingly larger. house gases commercialised as ODS substitutes. The the same impact as 2,300 cars driven for a year. The Parties Protocol has arguably already done more to address cli- to the Montreal Protocol will need to rise to these new Despite its success, the Protocol’s track record has been The methods used to smuggle CFCs – false labeling, mate change than any other treaty, as CFCs and other ODS challenges, apply the lessons learned from over two undermined by illegal global ODS trading. Ironically, this mis-declaration of documents, concealment, fake recycled are also potent greenhouse gases and the new phase-down decades of smuggling and place illegal trade much higher has chiefly resulted from one of the Protocol’s most lauded materials and transshipment fraud – are now used to trade has the potential to avoid almost half a degree of warming up the agenda if they are to be assured of success. ▲

42 43 Faridah Hussein Were

Take the Lead on Lead

The toxic metal has devastating health effects, even at low levels of exposure, and must be tightly controlled. Photo: © UNEP

Lead paints are widely used thanks to their low cost, good the placenta. Children under 6 years of age absorb five enforcement – to control the manufacture, import, export, covering power, durability, colour and drying properties. times as much lead as adults, partly through being outside, sale and use of lead paints and products coated with lead. In developing countries, they are mainly used in homes, hand-to-mouth activities and not having fully developed schools, toys, furniture, playground equipment, industry hygienic habits. It is also partly because of their increased automobiles and road markings. The painted surface dete- metabolism and the fact that their brain barriers and other Phasing lead out of riorates over time, peels off and become airborne. Motor essential biological systems are not fully developed. vehicle works involving sanding of painted surfaces and paint is possible since welding is another source of exposure. Renovations, demo- In general, without intervention, lead poisoning poses Faridah Hussein nvironmental injustices are mostly experienced by low litions and re-painting activities can also produce dust About 99 per cent long-term health and environmental challenges, and can cost-effective non- Were income groups who are at the receiving end of poor containing lead. In addition, raw materials in powder form of people affected by significantly delay economic and social development. The E lead poisoning are from technologies and banned chemicals, and whose main pre- usually become airborne during paint manufacturing, and Global Alliance to Eliminate Lead Paint – a voluntary part- Lecturer in Chemistry, developing countries. leaded alternatives are University of Nairobi, occupation is survival. They handle unknown chemicals are blown by the wind. nership under the leadership of WHO and UN Environment and Chairperson of the using their bare hands, and lack sufficient knowledge of – is geared towards phasing out lead in paint by 2020. The readily available on Technical Committee their toxicity. In most cases, the chemicals pose significant The World Health Organization (WHO) and other health alliance focuses on establishing legal limits and regulatory of the Kenya Bureau of Standards on health risks to them, their families and nearby communi- authorities have acknowledged lead's health impacts, even frameworks – including compliance, monitoring and the market. Developing Standards ties. The resulting chemical wastes are disposed of directly at very low levels of exposure. The toxic metal is responsi- on Paints and Allied into the immediate environment. There is little regulation, ble for 674,000 cardiovascular deaths annually. It also Products. and access to state social protection, training and social affects the IQ of children, with irreversible social and psy- Phasing lead out of paint is possible since cost-effective services is limited. chological impacts. The estimated loss of IQ points due to non-leaded alternatives are readily available on the mar- preventable childhood lead exposure is projected to cost ket. Quite a number of small and large scale manufacturers Lead is a very common heavy metal because of its wide- African nations 4 per cent of their Gross Domestic Product. across the world are successfully reformulating their spread use. Airborne lead is highly persistent in the WHO estimates that about 99 per cent of people affected by products. Paint manufacturers are urged to voluntarily environment and settles down as dust. It is easily inhaled lead poisoning are from developing countries. produce paint containing less than 90 ppm of total lead and ingested, contaminates soil and water and enters Malnutrition exacerbates absorption of the metal. content. human bodies through various food chains. Developing foetuses are at risk, since lead passes through It is relatively easy for developing countries to switch to Lead poisoning incidents involving a poorly controlled non-leaded raw materials since they import these materi- battery recycling facility occurred recently in Mombasa, Lead poisoning poses als, although they may face technical challenges and lack Kenya. The contaminated site requires considerable of awareness. More public health resources must therefore resources to clean it up, in addition to the cost of medical long-term health be directed to intervention strategies in these countries, treatment for those affected, and the long-term legal and along with relevant research to enable paint manufactur- socio-economic consequences of loss of life. and environmental ers and suppliers to fulfil their responsibilities.

Much of the exposure to lead comes from human activities challenges, and can By joining the Lead Paint Alliance and actively supporting such as manufacturing paints, openly burning materials the global effort to eliminate lead in paint, individuals, containing lead, and recycling and manufacturing lead significantly delay organizations and companies advocate for environmental acid batteries. Removing lead from gasoline resulted in a justice. This will result in more sustainable development substantial global decline in its levels in blood worldwide, economic and with increased economic benefits and reduced costs in but exposure to the metal in paint is one of the most com- terms of healthcare, productivity losses, intellectual dis-

mon causes of clinical toxicity. social development. Photo: © UNEP ability, and exposure to legacy paint – and ultimately a lead-free world. ▲

44 45 Timely information Christian Nellemann and the capacity to share it on issues which Undermining progress transcend national jurisdictions will The rise of environmental crime threatens become critical for the peace, development and security. United Nations and its member states. © Darren Potgieter Photo: © Darren

along with their arms, were all too real. But the enemy has Natural resources – ranging from oil, minerals, gold and of criminal actors engaged in illegal natural resource developed from merely a few corrupt individuals collaborat- timber, to fisheries and wildlife – are a source of develop- extractive industries. ing with criminals – whether over illegal timber, drugs or ment and revenues, and create livelihoods from extractive minerals – to the proliferating growth of non-state armed industries to tourism. Managing them sustainably is critical As the world converges on the importance of the Sustainable groups, organized crime, state officials and even govern- not just for food production, human health and business Development Goals, the need for improved information ments and heads of state. Indeed, the smuggling business development, but for supporting prosperity and inclusive and analysis becomes even more essential if threats to may finance, even drive, conflict. development. peace and security are to be prevented and acted on early. Christian Nellemann n 1990, at the end of the bush war in Angola and Namibia, The rising diversification and proliferation of organized Iwe fought criminals and militants involved in trafficking Not everything is dark. Development is progressing, albeit Yet, unless challenged, the new convergence of threats crime, armed groups and corruption – as highlighted by Head of RHIPTO Rapid natural resources, who were hiding from the government not as fast or broadly as is sometimes hoped. There have behind rapidly growing environmental crime will under- both the UN Security Council and INTERPOL –may under- Response, Norwegian Center for Global Analyses and police. Of course both these authorities harboured some been improvements in the quality of life by almost any mea- mine the progress that has been made and may deflect hopes mine sustainable development, and even destabilise corrupt individuals: we vividly recall handing over armed sure, including reductions in poverty and increasing health of future success. Non-state armed and terrorist groups see nations, more than ever. suspects to a local police chief in an African border town, only and access to clean water. Most of this progress has come extracting, taxing or trafficking natural resources as a way to for them to be let out again – with their assault rifles – the day through dedicated efforts by heads of state, governments, reach political and religious goals, though they sometimes The scale and range of the threat is new, and must be met. after we left. But now things have changed for the worse. the public, individuals, civil society and a free press – all allow the financial gains to supersede their political objec- The importance of a free and critical press, and of access to reinforcing each other. Yet these achievements – based on tives. There are many examples. Islamic State has been improved information on environmental and natural In 2003, during Nepal’s civil war, when investigating the well-functioning societies and collaboration both within funded chiefly through extortion, taxes and oil smuggling. resources crime, will only increase. The ability to act upon, killing of rhinos, I recall having to abandon all our gear in a nations and across borders – are being challenged. The last Al Shabaab was mainly financed by the illicit charcoal trade. intervene or prevent serious threats to peace, development small hotel and move quietly through another border town, decade has seen an unprecedented rise in threats to peace, Over 25 rebel groups in the eastern Democratic Republic of and security is intrinsically linked to improving our capac- where I knew we had no allies, no one we could trust, since security and development. Over 25 rebel Congo help facilitate the extraction and smuggling of such ity to provide timely information. Improving the capacity criminals and rebels were colluding with a minister and his groups in eastern DRC natural resources as gold, 3T minerals (tin, tantalum and for sharing it on issues which transcend national jurisdic- handpicked corrupt police officers. The people involved We all depend on access to credible information, trust in facilitate the extraction tungsten) and timber worth upwards of $1 billion annually; tions and borders will become critical for the United formed opposing parties in the war, yet collaborated on kill- government and the condition of peace – imperative to any and smuggling of the profits largely go to a small group of organized criminals. Nations and its member states. natural resources worth ing rhinos and trafficking their horns, at $75,000 apiece. sustainable development. The Sustainable Development upwards of $1 billion And drug cartels in Latin America are realising that illegal Goals – to which heads of state, and their nations, are demon- annually. logging can become a lucrative and far less risky source of Only through an enhanced ability to provide timely analysis Two years later in a dusty desert town in another country strating commitment – are aspirations intrinsic to every life: revenue. As these non-state armed groups diversify, they and identify early signs of threats to peace and development that was a transit centre for shahtoosh wool from slaugh- peace, prosperity and the hope for a better future, a belief broaden their traditional sources of income from drugs and can we hope to achieve early intervention and prevention. tered chiru antelopes, we were faced once again by a mix of and longing for happiness, trade and sharing common values kidnapping to environmental crimes, as well as to migrant Understanding the underpinnings of conflicts is often the corrupt police officers, government agents, bandits and mil- across the globe. Yet these foundations are fragile and can be trafficking and cyber and financial crimes. key. The transnational and sometimes covert nexus of orga- itants. Some took the money to go and fight against a eroded. Terrorism, armed conflict and the lack of inclusive nized crime, armed groups, corruption and state actors will government in a neighbouring nation. Later we found the access to prosperity and development are triggering unfore- Transnational organized crime infiltrates and undermines require entire new ways of collaborating – and responding. shahtoosh scarves for sale in the middle of a top-end shop- seen migrations and flows of refugees. Threats to the governments, collaborates with non-state armed groups The United Nations, and its member states, need to ping district of one of Europe’s finest capitals. environment endanger health, livelihoods and business and not only robs governments and countries of much strengthen their intelligence capacities to penetrate these opportunities, and are exacerbated by the exploitation of needed revenue for education, infrastructure and health- entities, and prevent negative forces from benefiting from It has become much harder to identify what we used to call natural resources, which increasingly benefits the mix of care, but deprives citizens and legitimate businesses of a exploitation of natural resources and threatening state the bad guys. In many situations recently, we no longer had a criminals, corrupt individuals, armed groups and terrorist sustainable future. Already some countries and legitimate security and development. We cannot afford to remain clue who was after us, though their intent and hostility, organizations that have taken over environmental crime. governments are endangered by the proliferating influence blinded, or to react too late. ▲

46 47 UN Environment Publications

Resource Efficiency: Environment, Peace and UNEP Guide for Energy Africa Environmental Global Report on the The Rise of Potential and Economic Security: A Convergence of Efficiency and Renewable Education and Training Status of Legal Limits Environmental Crime Implications Threats Energy Laws Action Plan 2015-2024: of Lead in Paint Strengthening Sustainable Development in Africa

This report analyzes four paths that This report summarizes some of the The Guide describes the key legal issues The main objective of the Africa This report provides a global overview on The environment provides the very countries could take over the next three key areas in which INTERPOL and UN associated with efficiency and renewable Environmental Education and Training the progress of countries in passing laws foundation of sustainable development, our decades, ranging from business as usual Environment are developing their strategies energy resource development, and presents Action Plan (AEETAP) is to enhance and regulations that limit the manufacture, health, food security and our economies. to a scenario where countries adopt both and activities to counter environmental legislative options from both developed and community environmental education and import, export, sale and use of lead paints. It Ecosystems provide clean water supply, ambitious climate policies and improve crime – a collective term describing any developing countries for dealing with them, training within the continent, through various also illustrates a range of legal approaches clean air and secure food and ultimately resource efficiency. It finds that smarter use illegal activity carried out by a criminal including sample excerpts from legislation. formal education, training, lifelong learning that attempt to limit the use of lead- both physical and mental wellbeing. Natural of resources can add $2 trillion annually to entity to generate profits, which results and capacity building programmes and containing paint. In so doing, it becomes a resources also provide livelihoods, jobs and the global economy. in harm to our ecosystem, by damaging projects, encouraging participation of both valuable reference for countries seeking to revenues to governments that can be used environmental quality, hastening males and females equally. These programmes establish their own laws and regulations on for education, health care, development biodiversity loss, and depleting natural and projects are envisaged to fundamentally lead in paint. and sustainable business models. The role resources. improve the environmental, societal and of the environment is recognized across the economic state of Africa for the benefit of internationally agreed seventeen sustainable Africa’s people, and are closely aligned to the development goals adopted in 2015. five AMCEN flagship programmes.

UN Environment Annual Report 2016 – Engaging People to Protect the Planet

The report describes the organization’s work for the year, highlighting successes and major accomplishments. It includes important updates on our work to combat climate change, protect critical ecosystems, and promote stable and healthy societies, among many other activities.

An extended version of the report is also available online: http://web.unep.org/annualreport/2016/ All UN Environment publications are available online at: www.unep.org/publications 48 JUNE 5 2017 GLOBAL HOST COUNTRY

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