Date: 25 June, 2014 To: Head of the National Council for Peace and Order Subject: For urgent consideration to tackle wildlife crime including increased law enforcement Attached: Proposed recommendations for a wildlife crime-free Thailand

This information is respectfully submitted by an NGO coalition that includes WWF-Thailand, TRAFFIC, Sueb Nakhasathein Foundation, Love Wildlife Foundation, Friends of the Asian Elephants Foundation and FREELAND Foundation. We respectfully call for your urgent attention and action on critical issues relating to Thailand’s role as source, transit and consumer country for illegally traded wildlife products.

We welcome the recent announcement by the National Council for Peace and Order (NCPO) no. 64/2557 concerning the suppression of , a critical issue which has been long been detrimental to our economy, security and natural resources and environment. We wish to call your attention to other forms of wildlife crime that present equally negative consequences for our country. All such crime has flourished for too long as a result of weak law enforcement, government inaction, corruption and outdated laws and regulations.

Thailand has ratified the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) since 1983 following with 14 months of trade suspensions in CITES-listed species imposed for failure to implement national legislation. Between 2010 and 2011, the country reported trade in CITES-listed species amounting to more than 25 million items: the trade in orchids alone earns at least 2.5 million baht for the Thai economy. This legal trade is now at risk.

Despite the fact that elephants are revered in Thai culture, our country has one of the world’s largest unregulated ivory markets, and is consistently highlighted as a problematic country in regards to the illegal ivory trade. It is estimated that in 2013, more than 20,000 African elephants were poached for their ivory, which is then fashioned into carvings and trinkets in Thailand and China. The ongoing open sale of large quantities of ivory products in local shops and markets continues to highlight Thailand as a key processor and consumer of these products. When Thailand joined CITES in 1983, it accepted an obligation to verify the origins of its existing ivory stockpiles and prevent any unauthorized importation of new ivory. However, to date, Thailand has not fulfilled this international commitment. Ongoing inaction is costing elephants in the wild dearly and could also cost Thailand economically once again. CITES carries potential penalties for countries that do not comply with their treaty requirements.

The problem could have economic consequences for Thailand. The lack of regulation in our domestic ivory markets has been a subject of discussion in CITES meetings for several years. To date, other countries have been patient. However, they are now showing signs of increasing frustration. If the problem is not addressed as a matter of urgency then the country could find itself facing trade suspensions in a matter of months – a year at the outside. These trade sanctions would take the form of withdrawal of approval to trade any CITES-listed plants and animals.

Wildlife crime issues are now of international concern, with more countries co-operating and collaborating to tackle this illegal trade. The international community recognizes that illegal does not only impact but also undermines countries’ economic growth, development, and rule of law. Illegal wildlife trade has also been recognized as destabilizing legitimate trade and as being linked to other forms of illicit trade such as that in arms, humans and drugs.

As a coalition committed to working to protect wildlife in Thailand and beyond we would like to submit the below recommendations for urgent consideration by NCPO and relevant government agencies, in order to combat wildlife crime and restore Thailand’s leadership and governance on this critical issue.

Ten Recommendations for a Wildlife Crime Free Thailand

1. Implement Existing International Commitments: Reform existing national legislation to implement effectively the country’s obligations and commitments under CITES and other international conventions and agreements and follow up on the Prime Ministerial commitment made at the March 2013 CITES Conference of the Parties in Bangkok, to end the domestic trade in ivory.

2. Reform Relevant Legislation: Provide adequate legal protection for all CITES-listed species including African elephants by adding them to the list of protected species specified under WARPA, making the sale of African ivory and other CITES-listed species illegal on the domestic market and increase penalties and fines for those violating this law.

3. Commit: Reaffirm Thailand’s commitment to increase efforts to combat the illegal wildlife trade, especially ivory and other endangered species, through effective implementation and improved

enforcement of current laws and regulations developed to regulate the sale of ivory through registration of locations trading ivory items and the maintenance of records.

4. Increase Law Enforcement Activities: Implement effective and scaled up law enforcement activities expanding investigation areas to include money laundering, corruption and tax evasion, particularly for large-scale ivory seizures and include the use of tools and tactics such as risk profiling, forensics..

5. Penalize the Sellers: Penalize all sellers who cannot provide up-to-date registration papers for locations processing or trading in ivory as well as proof of provenance of their ivory according to existing regulations and confiscate the items being sold when this can’t be provided.

6. Increase Active Policing: Until the domestic ivory market is shut down through legislation, actively police the domestic ivory market and institute a system whereby ivory from domestic elephants sold in the country is traceable. There is an urgent need to ensure ivory currently in the market is traceable. In a regulated market, ivory should be accompanied by a copy of the registration papers for the elephant it has come from; however, these papers are easily forged and seldom checked. Policing of online trade in wildlife products and exotic pets also needs to be increased.

7. Increase Collaboration: Increase inter-agency collaboration, including with the inter-agency committee on transnational crime. Collaborate with other countries on the trade chain, both in Africa and Asia, in order to share intelligence and collaborate on investigation of organised wildlife trafficking.

8. Increase Support: Provide adequate support for enforcement agencies to ensure they have the capacity and ability to tackle wildlife crimes, including better equipment and training for park rangers, the front line in the country’s defence against and illegal logging.

9. Maintain a Domestic Elephant Database: Develop and implement a comprehensive registration system for domesticated elephants that includes DNA sampling and confirmation of parentage for new born elephants, as well as annual inspections. This would also facilitate tracing of ivory originating from domestic elephants.

10. Manage Inventory: Properly inventory and account for all current stocks of seized ivory. Seizures have been made, but the system of controls over them is not clear. This system and inventory should be independently verified with a system in place for management of future seizures which should be clearly and transparently logged into this system

We hope that you will take these recommendations, which are made for the benefits of Thailand’s economy, governance, our people and the world’s wildlife, into immediate consideration. We stand ready to offer our help with this and to submit more detailed information should you require it.

With Respect,

WWF-Thailand TRAFFIC Sueb Nakhasathein Foundation Love Wildlife Foundation Friends of the Asian Elephants Foundation FREELAND Foundation