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Does the Law Combat Illegal Wildlife Trade?

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Does the Law Combat Illegal Wildlife Trade? - As part of our global pro bono programme I am delighted that we have been able to support the Royal Foundation of The Duke and Duchess of Cambridge and Prince Harry and United for Wildlife in producing this important report on the legislative framework regulating the trade of wildlife in eleven key countries. As the report shows, there is still much work to be done to combat illegal trade of wildlife but we hope it will be useful in assisting United for Wildlife in their invaluable work. I have great pride in the fact that 55 DLA Piper lawyers across ten of our offices globally have been involved in this project. We look forward to hearing the outcome of the London Symposium and supporting further the outstanding work of the Royal Foundation of the Duke and Duchess of Cambridge and Prince Harry and United for Wildlife. Sir Nigel Knowles Managing Partner DLA Piper UNITED FOR WILDLIFE Through his Foundation, His Royal Highness The Duke of Cambridge has brought together an unprecedented collaboration between seven of the world's most influential conservation organisations and the Royal Foundation of The Duke and Duchess of Cambridge and Prince Harry. The partnership, named "United for Wildlife", is a long-term commitment to tackle the global challenges to the world’s natural resources so they can be safeguarded for future generations. The partnership between Conservation International, Fauna & Flora International, International Union for Conservation of Nature, The Nature Conservancy, Wildlife Conservation Society, WWF-UK, the Zoological Society of London and the Royal Foundation will lead the way to substantially increase the global response to major conservation crises. DLA PIPER Our pro bono programme: As one of the largest law firms in the world, DLA Piper develops, manages and delivers pro bono in size, scale and scope unlike any other law firm. With more than a dozen dedicated lawyers around the world developing and managing our pro bono projects, and more than 4,200 international lawyers ready to provide pro bono services, we deliver seamlessly coordinated global projects as well as individualised one–on-one services with extraordinary dedication and commitment. We are concerned about access to justice and rule of law around the world. Our global pro bono practice acts for and with some of the world's leading global charities, aid agencies, NGOs, UN agencies, governments and academic institutions around the world. DLA Piper’s commitment is unparalleled and every lawyer makes a serious and sustained effort to do pro bono work. In 2013, the firm devoted over 200,000 hours to pro bono initiatives, making us one of the largest providers of pro bono legal services in the world. As a thought leader in the creation and delivery of pro bono services, we engage in innovative pro bono projects, maintain a leading pro bono practice and help build a pro bono culture in the legal profession around the world. We are noted for our depth in areas such as juvenile justice, heirs’ property law, human rights, non-profits and charities, and poverty law. New Perimeter - our non-profit organisation: New Perimeter is a non-profit organisation established by DLA Piper to provide pro bono legal assistance primarily in developing and post-conflict countries. Founded in 2005, New Perimeter draws on the skills and talents of our lawyers globally to support social and economic development, as well as transparent and sound legal institutions. To maximise our impact, we send teams of lawyers in-country to work alongside our partners and clients whenever possible. We focus our work on legal education designed to strengthen a country's legal system and improve the skills of its judges and lawyers, women and children’s rights, access to justice and law reform, environmental protection, economic development and food security. Read about our global pro bono programme and New Perimeter at www.dlapiperprobono.com. TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................... 1 BOTSWANA .......................................................................................................................................... 5 1. EXECUTIVE SUMMARY ....................................................................................................... 6 2. PRINCIPLE LEGISLATION .................................................................................................... 7 3. PENALTIES ............................................................................................................................ 11 4. ANCILLARY LEGISLATION ............................................................................................... 12 5. JUDICIAL PROCESS AND CAPACITY ............................................................................... 20 6. CONCLUSIONS ..................................................................................................................... 27 CAMEROON ........................................................................................................................................ 30 1. EXECUTIVE SUMMARY ..................................................................................................... 31 2. PRINCIPAL LEGISLATION .................................................................................................. 31 3. PENALTIES ............................................................................................................................ 39 4. ANCILLARY LEGISLATION ............................................................................................... 43 5. JUDICIAL PROCESS AND CAPACITY ............................................................................... 52 6. CONCLUSIONS ..................................................................................................................... 54 CHINA ................................................................................................................................................. 56 1. EXECUTIVE SUMMARY ..................................................................................................... 57 2. PRIMARY LEGISLATION .................................................................................................... 57 3. PENALTIES ............................................................................................................................ 60 4. ANCILLARY LEGISLATION ............................................................................................... 62 5. JUDICIAL PROCESS AND CAPACITY ............................................................................... 68 6. CONCLUSIONS ..................................................................................................................... 73 DEMOCRATIC REPUBLIC OF THE CONGO .................................................................................. 74 1. EXECUTIVE SUMMARY ..................................................................................................... 75 2. PRINCIPAL LEGISLATION .................................................................................................. 76 3. PENALTIES ............................................................................................................................ 86 4. ANCILLARY LEGISLATION ............................................................................................... 89 5. JUDICIAL PROCESS AND CAPACITY ............................................................................... 93 6. CONCLUSIONS ..................................................................................................................... 96 KENYA ................................................................................................................................................ 98 1. EXECUTIVE SUMMARY ..................................................................................................... 99 2. PRINCIPAL LEGISLATION ................................................................................................ 100 3. PENALTIES .......................................................................................................................... 105 4. ANCILLARY LEGISLATION ............................................................................................. 107 iv 5. JUDICIAL PROCESS AND CAPACITY ............................................................................. 112 6. CONCLUSIONS ................................................................................................................... 123 MALAYSIA ....................................................................................................................................... 127 1. EXECUTIVE SUMMARY ................................................................................................... 128 2. PRINCIPAL LEGISLATION ................................................................................................ 128 3. PENALTIES .......................................................................................................................... 134 4. ANCILLARY LEGISLATION ............................................................................................. 147 5. JUDICIAL PROCESS AND CAPACITY ............................................................................. 152 6. CONCLUSIONS ................................................................................................................... 157
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