CASE STUDY FROM

SRI LANKA

„Corruption: the elephant in the room‟

Samantha Gunasekara

Deputy Director of Customs (Rtd.)

Biodiversity, Cultural & National Heritage

Protection Division

Sri Lanka Customs

E mail;samantharg555@gmail.com

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Case.1Elephant Tusks

Detected in Sri Lanka • Detected Date-12.05.2012

• Quantity 359 nos. -1528.9 Kg.

• Value- US$ 2,752,020

• Transit from Kenya-Dubai via. Col.

• Forfeited-03.10.2012

• Country of origin(Forensic Identification)-

Tanzania/Mozambique

• Modus operandi-false declaration

• Destructed on 26.01.2016 in Colombo

Scan image of the container

2016/09/28 4

Declared as waste polythene

• 2016/09/28 5

How the Ivory was concealed

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Layer of sprats to avoid

sniffing

2016/09/28 7

Event of Destruction

• Patronage of Hon.CITES Sec General –

Mr. John Scanlon

• On a religious ceremony

2016/09/28 8

Case.2.Detection of Malagasy Rose

wood (Dalbergia spp) • Detected Date-24th March 2012

• Quantity 28 container- 420 M/T of 3669

• Value- US $7,000,000

• Transit- Zanzibar to Hong Kong via Sri

Lanka-by vessel EM CHIOS-22/03/2014

• Forfeited-by S.L Customs in May 2015

after a long battle with 4 countries.

• Country of origin-Madagascar(Forensic

Identification)-

• Modus operandi-false declaration

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Bill of Lading-CMA CGM

• Declared as

i) „LOGS‟ In B.Ls

ii) “General cargo”

-In Manifest

iii) “African hard Wood/

Plywood veneered panels

-Docs with local

Shipping Agent

NON ARE FORGED DOCUMENTS

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Country of Origin certificates

• Certified by

Govt. institutions

– Chamber of Commerce

– Tanzania Revenue

Authority

2016/09/28

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Escaped 26 containers

• Another 26 containers of the

– Same description

– Same shipper

– Same consignee

– Same weights

– Loaded In Zanzibar to HK

detected 28 container

– Only those 54 containers have loaded in

Zanzibar

2016/09/28 13

26 containers were not detected by

Malaysian /Hong Kong Authorities

Immediately Informed WCO

• WCO informed the details to Authorities in

– Malaysia

– Hong Kong

• 14 Containers - sailed by “Ever Libra” CMA-

CGM Quartz" vessel to Hong Kong- Arr. - 3rd Apr

• 12 Containers - sailed by “Barry” to Malaysia -

then to Hong Kong – Arr. -11th Apr

• not detected by Malaysian /Hong Kong

Authorities

2016/09/28 14

Ex.3Red Sanders(Pterocarpus

satalinus) • Transit Via Col. from India to

– SIN

– Dubai

• Declared as

– Sanitary ware

– Empty glass bottles

– Barbed wires

– Cotton bales

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Constrains

• Poor co-operation from HK officials

• Tremendous pressure made on SL Customs- by

Chinese embassy officials in SL

• Documents certified by Tanzanian govt. as

original/genuine documents

• Financial & political pressure made by importers

in HK

• Pressure made by Malagasy authorities asking

to return goods.

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Constrains contd…

• Absence of domestic regulations for CITES in

SL

• Forensic issues

• Improper Shipping docs.

• Close link between-

– Shipper-Shipping Agent- Consignee

• Sri Lanka became illegal international wildlife

trade hub in the region

• Sri Lanka loosing its precious bio-diversity

2016/09/28 17

2016/09/28 18

THANK YOU FOR YOUR

ATTENTION

SEVENTEENTH MEETING OF THE CONFERENCE OF

THE PARTIES JOHANNESBURG (SOUTH AFRICA)

www.kws.go.ke

UNODC - ANTI-CORRUPTION AND RISK MITIGATION PROJECT WITH KENYA WILDLIFE SERVICE

CITES COP 17. DOC. 28

PRESENTATION OUTLINE

Effects of corruption in Wildlife trafficking

Kenya’s stringent wildlife law

KWS and UNODC Corruption prevention Strategies

Identification Corruption risk areas,

KWS Corruption prevention Intervention measures

Q&A

Wildlife trafficking has become one of the world's most profitable organized crimes in the global economy, depriving communities of their livelihoods and economic benefits derived from revenue streams from tourism, which many of the communities surrounding affected areas depend on. The economic value of the wildlife lost through this illicit trade has not been established but has serious implications on national economies.

Effects of corruption in Wildlife trafficking

Effects of corruption in Wildlife trafficking….cont.

Wildlife crime, apart from being detrimental to the affected species and environment has a heavy effect on peace and the rule of law. Wildlife trafficking has a devastating impact on biodiversity, threatening to eradicate some species. Moreover, it both creates incentives for corrupt practices thereby undermining the rule of law.

Kenya’s stringent wildlife law Kenya, in recognizing that poaching and illicit wildlife trafficking in protected species of wild fauna and flora are increasingly sophisticated forms of transnational organized crime that significantly impact peace and security, sustainable development and human rights, and concerned by the involvement of organized criminal groups in all aspects of illicit trafficking in endangered species of wild fauna and flora, passed a stringent wildlife law which punishes criminal offenders with life imprisonment or a fine of $10,000 or both.

Identification Corruption risk areas,

In the context of the UNODC initiative, “Preventing Corruption in Wildlife Authorities”, UNODC has worked with the KWS Corruption Prevention Committee (CPC) and KWS Senior Management to select high priority areas of work, based on risk analysis, and supported the development of risk mitigation strategies and actions to address vulnerabilities to corruption and corruption prevention in KWS. The high priority risk areas identified, in 2015, and agreed by the CPC and Senior Management are:

KWS Corruption prevention Strategies in wildlife trafficking

Furthermore, Kenya Wildlife Services (KWS) in recognizing that corruption facilitates illicit wildlife trafficking in protected species of wild fauna had to partner with UNODC to develop systems to fight corruption in relation to CITES COP 17 Doc.28 which urges Parties to adopt measures to prohibit, prevent, detect, and counter corruption.

Identification Corruption risk areas,

In the context of the UNODC initiative, “Preventing Corruption in Wildlife Authorities” UNODC has worked with the KWS Corruption Prevention Committee (CPC) and KWS Senior Management to select high priority areas of work, based on risk analysis, and supported the development of risk mitigation strategies and actions to address vulnerabilities to corruption and corruption prevention in KWS. The high priority risk areas identified, in 2015, and agreed by the CPC and Senior Management are:

Identification Corruption risk areas…cont.

• Poaching collusion • Budgetary process • Revenue collection • Financial wastage

– Local travel – External travel – Vehicle maintenance – Medical

• Organizational culture • Procurement • Staff Recruitment and placement

Benefits combating corruption

It should be noted that addressing corruption linked to revenue collection and financial wastage is vital to ensure that KWS funds are available for use to protect Kenya’s wildlife.

KWS Corruption prevention Intervention measures

• Further to the identification of the high priority risk areas, UNODC and KWS (CPC) carried out a workshop in August 2015, to discuss and refine the various mitigation strategies.

• A pilot work plan was developed based on the strategies, with aims at strengthening internal KWS systems, sensitize and educate staff and communities impacted by wildlife crime on corruption, and implementing preventative measures to combat future occurrences of corruption.

KWS Corruption prevention Intervention measures - Examples

• Some practical examples of areas in which KWS and UNODC have implemented interventions this year include:

• Asset Management – areas in need of improvement have been identified. KWS is currently underway in strengthening policies in and systems in this area.

• Revenue Collection System – KWS is currently installing a new fully integrated system in all parks.

• Corruption Prevention Policy and Code of Conduct – both documents were revised and updated this year to be in-line with the new legislation in place. The documents will be disseminated to all staff by end of the year.

KWS Corruption prevention Intervention measures - Examples

• Revise the Armed Wing’s Service Standing Orders and Disciplinary Code - the review of the KWS SSOs and Disciplinary Code started in July 2016. The Steering Committee has identified areas that require changes and the next stage is to meet with field officers in the coming months in various regions of the country for their input. The current Standing Orders date to 1991. This process will clarify what is acceptable practice for those most directly tasked with protecting Kenya’s Wildlife.

• Procurement systems - Technical assistance to review and assess KWS’s procurement systems and processes is ongoing, including the review tender documents, and the provision of expert advice on simplifying and improving the process.

Support for Funding

Cost has been a partial driver of the areas of support selected by KWS and UNODC. As more funding becomes available the full strategy will be implemented.

Evaluation

• A survey to understand external perceptions of corruption occurrences and incidences linked to KWS is foreseen for 2017. The survey will study the key drivers of this type of corruption, the forms it takes and the impact associated to KWS. The desk research to structure this survey has commenced.

Evaluation

While each of these priority areas is focused and has clearly achievable goals the overall impact is broad as each intervention not only closes specific corruption loopholes but reinforces the message that corruption is not tolerated within KWS.

End

Q&A