A/HRC/35/33
the transfer in accordance with the Convention. All States parties must prohibit trade in
violation of the Convention and penalize the trade or possession of listed species.
60.
The European Union implements the Convention through its wildlife trade
regulations and became a party to it in 2015. In addition, it extends even stricter protections
with respect to certain forms of wildlife crime. For instance, as part of its Forest Law
Enforcement, Governance and Trade Action Plan, the European Union Timber Regulation
was adopted, prohibiting illegally harvested timber from entering the European Union
market. Companies must exercise due diligence when placing timber or timber products
into the market unless the wood has a permit under the Convention or the State of export
has licensed it under the above-mentioned Action Plan system. States must adopt effective,
proportionate and dissuasive penalties to ensure compliance.
61.
The European Union also provides strong protection regarding illegal, unreported
and unregulated activity, in areas such as fishing. 51 For such activity, a State will receive a
“yellow card” warning if it has a problematic fishing industry. If it does not cooperate in
fixing the situation, the State could receive a “red card”, banning all fish caught in the State
from entering the European Union market. Regulations on illegal, unreported and
unregulated activity provide for cooperation mechanisms between the European Union and
third countries to help the latter comply with the rules. 52 After receiving a yellow card in
2015, Thailand enacted several measures to reform its fishing industry, including by
strengthening its human trafficking laws and improving law enforcement’s ability to engage
in cross-border cooperation.53
62.
Domestic laws are also important to ensure robust legal protection against wildlife
crime. One notable example is the United States Lacey Act. The Act prohibits the trade and
possession of a wide range of plants and animals, including all species protected under the
Convention, in violation of United States law, state law and foreign law. Legal entities,
alongside natural persons, are subject to the law, and the Act has been the basis for several
corporate prosecutions. In Australia, the Illegal Logging Prohibition Act is another example
of good legislation addressing wildlife crime. The law makes it a criminal offence for
businesses to import any illegally-logged timber and requires businesses to exercise due
diligence in this regard.
63.
The International Consortium on Combating Wildlife Crime is a collaborative effort
of the secretariat of the Convention, INTERPOL, UNODC, the World Bank and the World
Customs Organization that supports law enforcement in many ways. Beyond providing
tools and guidance documents to teach States how to improve their enforcement efforts, the
Consortium can deploy wildlife incident support teams to offer on-the-ground assistance.
Together with other organizations, the Consortium helps coordinate multi-State operations
to detect and stop cross-border wildlife crime.
64.
INTERPOL is another organization that provides operational support and tools to
enhance State capacities in this area. Under its Environmental Compliance and
Enforcement Committee, INTERPOL has working groups on fisheries crime and wildlife
crime, both of which, among other activities, bring together specialists in the area to
network and exchange expertise. INTERPOL also has projects dedicated to specific types
of wildlife crime and supports States by providing intelligence, analysis, and operational
coordination. These include Project LEAF on illegal logging and related crimes, Project
Predator on Asian big cats and other wildlife species and Project Scale on transnational
fisheries crime.
65.
Many regional initiatives exist that focus on cross-border law enforcement
cooperation for wildlife and forestry crime. A noteworthy example is the Lusaka
Agreement Task Force, an organization open to all African States. The Task Force is a
permanent law enforcement institution that facilitates cooperation between States parties
51
52
53
14
For example, Council Regulation (EC) No. 1005/2008; and Commission Regulation (EC) No.
1010/2009.
See https://ec.europa.eu/fisheries/sites/fisheries/files/docs/body/cooperation_note_en.pdf.
See www2.thaiembassy.be/press-release-thailands-progress-in-combating-iuu-fishing/.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents