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ILLICIT ECONOMIES CIVIL SOCIETY OBSERVATORY OF - Global Initiative against Transnational ...
ISSUE 5 | FEBRUARY–MARCH 2020

                                    CIVIL SOCIETY OBSERVATORY OF

                            ILLICIT ECONOMIES
                            IN EASTERN AND SOUTHERN AFRICA

                SUMMARY HIGHLIGHTS
RISK BULLETIN

                1.   Organized-criminal syndicates are muscling in        3.   The Global Initiative’s IUU Fishing Index provides
                     for a share of the profits of southern Africa’s           insights into illegal, unreported and unregulated
                     avocado and macadamia nut markets.                        fishing in East and Southern African countries.
                     While fruit and nut markets might not seem the            Promoting successful, sustainable fisheries is a
                     most likely avenue for organized crime, large-            key objective for many East and Southern African
                     scale theft of avocados and macadamia nuts has            countries. To achieve this, it is necessary to under-
                     been on the rise in Southern Africa. Although             stand the scope of illegal, unreported and unreg-
                     most stolen avocados are reportedly sold in               ulated (IUU) fishing. Data on this issue has, for a
                     South African markets, reports from growers’              long time, been largely unavailable, but the Global
                     associations suggest that macadamia theft is a            Initiative’s new IUU Fishing Index sheds some light
                     regional phenomenon, with Zimbabwean growers              on regional dynamics. Index data suggests that
                     in particular affected by armed robberies. The            the East and Southern African region is, for both
                     thefts have knock-on effects for the farming              geographical and political reasons, more vulnerable
                     industry, as growers and distributors deal with           to IUU fishing than the global average. In partic-
                     the additional costs of security and the impact           ular, the Seychelles, although it scores highly on
                     of substandard stolen produce on customers’               government responses to IUU fishing, suffers from
                     perceptions of product quality.                           vulnerability on several fronts, including the fact
                                                                               that its large marine exclusive economic zone is
                2.   Elephant poaching has dramatically decreased              difficult to monitor effectively.
                     in Mozambique’s Niassa National Reserve,
                     once an epicentre of the illegal trade.              4.   Uganda’s Narcotic Drugs and Psychotropic
                     It has been nearly two years since an elephant            Substances Act 2016 has left individuals
                     was poached in Mozambique’s Niassa National               vulnerable to abuse while failing to deter major
                     Reserve, which was previously an epicentre of             drug traffickers.
                     Africa’s ivory crisis. Recent fieldwork conducted         Uganda introduced new narcotics legislation in
                     by the Global Initiative in the port city of Pemba        February 2016. Four years on, civil-society groups
                     has found that previously rampant ivory traffick-         continue to condemn the deteriorating circum-
                     ing has declined to nothing. The success in the           stances in which people who use drugs are target-
                     Niassa Reserve has been ascribed to a robust              ed by law enforcement, as the law has created the
                     anti-poaching response, tougher sentencing and            opportunity for harassment, corruption and human-
                     improved partnerships between government                  rights violations. Field research conducted for this
                     agencies, and between the government and                  Risk Bulletin found that faulty implementation of
                     external partners. While these factors almost             the law has led to harsher sanctions for low-level
                     certainly all played a role in stopping poaching,         drug offences, while at the same time creating a
                     other broader changes, which may be harder to             permissive environment for drug trafficking.
                     discern, may have been the real drivers. The case
                     of Niassa may offer lessons for tackling other
                     types of organized crime in the region.
ILLICIT ECONOMIES CIVIL SOCIETY OBSERVATORY OF - Global Initiative against Transnational ...
ABOUT THIS ISSUE
Each story in this edition of the Risk Bulletin of Illicit          unavailable. This month, we draw on data from the Global
Economies in Eastern and Southern Africa looks at a dif-            Initiative’s IUU Fishing Index to show the dynamics of
ferent illegal market: from trade in stolen agricultural            government responses to IUU fishing across Eastern and
produce to illegal fishing and ivory poaching. What unites          Southern Africa.
several of the stories, however, is how organized crime
can have development impacts and undermine the man-                 We also report on a success story in the fight against
agement of natural resources, whether these are wild                the illegal wildlife trade. Elephant poaching in the Niassa
flora and fauna, such as elephant populations and fish              National Reserve, Mozambique, has dwindled to nothing
stocks, or agricultural crops.                                      just a few years after the reserve became a regional epi-
                                                                    centre of ivory trafficking. We investigate how this was
The surprising emergence of black markets for avocados              brought about and what lessons this success story may
and macadamias in Southern Africa is the focus of our               hold for conservation elsewhere.
lead story this month. Rising avocado theft echoes crim-
inal trends seen globally in avocado-producing countries,           Finally, four years ago, Uganda introduced new narcotics
as worldwide demand has caused prices to skyrocket.                 legislation. Its impacts are now being widely felt: our
Macadamia theft is a phenomenon seen across Southern                reporting shows that the new legislation has worsened
Africa to differing degrees of severity in Zimbabwe                 conditions for people who use drugs in Uganda, who
(where clashes between growers and thieves have turned              are targeted by the harsh penalties set out in the legis-
to violence), South Africa, Mozambique and Malawi.                  lation. At the same time, the way the penalties are struc-
                                                                    tured creates a more permissible environment for drug-
Illegal, unreported and unregulated fishing is a com-               trafficking organizations.
plex issue, for which reliable data has long been largely

1. Organized-criminal syndicates are muscling in for a share of the profits of Southern
    Africa’s avocado and macadamia nut markets.
Markets for agricultural produce may not be commonly as-            the harvesting season, as the unripe fruit appears ready
sociated with organized crime, corruption and violence. But         to eat and prices are high due to pre-season scarcity.
for people in South Africa’s farming sector, it may come as         Macadamia thefts likewise rise as the harvesting season
no surprise that black markets for macadamia nuts and av-           begins in March.
ocados are booming. Both are premium crops. Macadamias
are the most expensive nuts in the world, and price records         AVOCADO THEFT: A SOUTH AFRICAN
continue to be broken year on year, reportedly reaching up          MANIFESTATION OF A GLOBAL PHENOMENON
to US$25 per pound on international markets.1 Avocados              South Africa is a leading player in the global avocado
are commonly dubbed ‘green gold’, with worldwide demand             industry, with an estimated 17 000 hectares under
pushing prices sky high. In South Africa, avocado prices            cultivation.5 While Zimbabwe and, to a smaller degree,
have reached 25 rands per fruit in February this year as            Mozambique also have nascent avocado industries, South
pre-season demand outstrips supply.     2
                                                                    Africa is by far the largest producer in Southern Africa.6

The popularity of both crops has become something of a              According to Bram Snijder of the South African
double-edged sword for the farming industry in Southern             Avocado Growers’ Association, avocado thefts have
Africa. Macadamia thefts have surged across the region              affected large-scale and smallholder farmers alike, and
in the past five years, as have avocado thefts, particularly        growers have shouldered the burden of extensive se-
in South Africa. Farming associations say it is increasingly
                 3
                                                                    curity operations in their efforts to ward off potential
becoming an organized crime, with syndicates dealing in             thieves. ‘It’s shocking to see how much money we
stolen produce infiltrating the legitimate market.    4
                                                                    spend on security,’ he said. ‘It’s not only fences and
                                                                    alarm systems and things like that, but it’s also about
February and March are a particularly vulnerable period             guarding orchards and properties day and night during
for both avocado and macadamia theft in South Africa.               the season. … There’s a massive cost involved in ensur-
Avocado thefts reportedly spike in the months preceding             ing the fruit doesn’t get stolen.’

                                                       RISK BULLETIN • ISSUE 5 • FEB/MAR 2020    2   EASTERN AND SOUTHERN AFRICA REGION
ILLICIT ECONOMIES CIVIL SOCIETY OBSERVATORY OF - Global Initiative against Transnational ...
Thefts range from single opportunists carrying out                                                  Most stolen fruit finds its way onto the informal market,
small-scale raids to large-scale thefts by organized syn-                                           as roadside hawkers of fruit operate outside formal
dicates – groups who have established links to buyers                                               regulation. Yet a proportion of the spoils also infil-
they know will take on the stolen fruit. These groups                                               trate South Africa’s formal, municipal fruit markets, as
are not limited to particular areas, but reportedly travel                                          unscrupulous buyers may purchase the stolen goods
widely across avocado-growing regions to target farms,7                                             outside the market area and thus outside the legal au-
and will often strategically hit several farms in an area                                           thority of market inspectors. While groups such as the
simultaneously in order to divide security operations in                                            South African Avocado Growers’ Association attempt
the area.                                                                                           to monitor thefts and keep track of stolen fruit being
                                                                                                    brought to market, gaps in the formal inspection regime
Large-scale thefts may move between 20 and 30 tonnes                                                have proven hard to close.
of avocados in a single night, which are then distributed
through different channels around the region. According                                             According to Snijder, regulations in the international
to Snijder, farmers joke darkly about the night-time                                                market – including traceability systems and certification
raids, remarking that ‘the night shift can pick faster than                                         of produce – are strict enough to keep stolen produce
the day shift’.                                                                                     out of the international supply chain. However, demand
                                                                                                    for avocados within South Africa is high enough for the
In a 2018 survey carried out by the South African                                                   stolen fruit to be consumed within the country.
Subtropical Growers’ Association (Subtrop), the orga-
nization which manages the affairs of South Africa’s                                                Despite the difficulties in policing informal and mu-
avocado, lychee and mango growers’ associations, 83%                                                nicipal markets, and the costs of increased security
of growers surveyed said that avocado theft was a                                                   on farms, the avocado market has, it seems, turned a
problem on their farms. Figure 1 indicates the scale of         8
                                                                                                    corner. ‘I think these illegal traders have become very
avocado theft in recent years (estimates for the 2018                                               wary that [there are] more inspections going on every-
and 2019 seasons were not available at time of writing).                                            where,’ Snijder said, ‘and they’ve also burned their fin-
                                                                                                    gers with immature fruit and then people are not going
                                                                                                    back to their stands to buy fruit again. We’ve actually
                                                                                                    seen in the last two years there is definitely a decrease
                                                                                                    in theft cases.’
                                                               1 710
                                                                            1 549                   The experience of South African growers is far from
                                                                                                    unique. Amid the surging popularity of the avocado,
                                                    1 270                                           thefts have been reported as a problem in places as
  Estimated total volume of fruit stolen (tonnes)

                                                                                                    widespread as New Zealand, Spain, California and
                                                                                                    Mexico, where in the ‘avocado belt’ of Michoacan,
                                                                                                    cartels more commonly associated with drug trafficking
                                                                                                    have muscled in on the business, extorting farmers and
                                                                                                    hijacking up to 48 tonnes of fruit per day.9 Competition
                                                                                                    between criminal groups for regional control of the
                                                                                                    trade has led to violence, including several killings,10 to
                                                                                                    the extent that some analysts have argued that avo-
                                                                                                    cados could be seen as a ‘conflict commodity’, akin to
                                                                                                    mineral resources in other conflicts, due to the links
                                                                                                    with extortion, violence, forced labour and environ-
                                                                                                    mental degradation.11
                                                    2015        2016        2017

FIGURE 1: Reported                                          avocado thefts in South Africa,         Although the South African black market is clearly not
2015–2017                                                                                           experiencing violence comparable to that occurring
                                                                                                    in Mexico, it is clear that avocado markets around the
SOURCE: South African Subtropical Growers’ Association,
data provided by email, 7 February 2020                                                             world are similarly vulnerable to criminal exploitation.

                                                                                        RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   3   EASTERN AND SOUTHERN AFRICA REGION
ILLICIT ECONOMIES CIVIL SOCIETY OBSERVATORY OF - Global Initiative against Transnational ...
MACADAMIA THEFT: A CHANGING PHENOMENON                           nephew is due to be tried for the murder.20 A new law cre-
ACROSS SOUTHERN AFRICA                                           ated in response to the violence, which mandated licens-
Reports from macadamia growers in South Africa suggest           ing of macadamia buyers and growers, was welcomed by
that, like avocados, the nuts are the targets of organized       industry actors.21
syndicates, which are involved from the farm gate to the
processing and redistribution stage of the market.12 Major       IMPLICATIONS: MORE THAN JUST LOST PRODUCE
suppliers that are supposedly operating legitimately are         According to Lizel Pretorius, CEO of Macadamias South
also suspected of knowingly purchasing and redistribut-          Africa, one of the challenges of dealing with macadamia
ing stolen crops.
                13
                                                                 thefts is that – unlike avocados, which rapidly deterio-
                                                                 rate in quality once picked – the nuts can be stockpiled
According to information gathered in 2017 by Maca­-              for 12 to 18 months before being reintroduced into the
d­amias South Africa, a growers’ organization, based on          market. Where they are presented as legitimate produce,
reporting from several private investigators, thefts are         differentiating between legally and illegally acquired nuts
carried out both from the groves themselves and from             becomes impossible.
processing facilities, and may involve the farm workers
themselves, organized teams of independent harvesters,           The impact on macadamia growers is not merely the loss
or macadamia hawkers either buying directly or collud-           of stolen produce, but the fact that the sale of stolen
ing with groups of thieves to receive stolen nuts. Armed         nuts (at a fraction of the normal market value) suppresses
robberies are also reportedly on the increase. 14
                                                                 prices on the international market. Stolen macadamias are
                                                                 also not processed in accordance with industry hygiene
Reporting from Macadamias South Africa suggests that,            standards. The reputational damage caused by produce
unlike avocados, stolen macadamias are being transport-          that is a health risk being sold from South Africa (which
ed internationally, many via Zimbabwe. Other reports             prides itself on producing some of the best macadamias in
have also suggested the stolen produce is shipped via            the world) can affect the entire industry.
Zimbabwe, and one investigation by a local South
           15

African newspaper, The Lowvelder, found that business-           Avocado growers have also expressed concern that stolen
es operating in Mbombela, the capital of Mpumalanga              fruit will have an impact on consumer demand, as the fruit
province, were exporting stolen nuts via Maputo in               is generally stolen while it is immature, meaning it will
Mozambique to the United States.    16
                                                                 never fully ripen and therefore gives consumers (who may
                                                                 have bought the fruit unwittingly) a mistaken impression
Macadamia theft is also pervasive in neighbouring coun-          of the quality of South Africa’s produce.
tries. In southern Malawi and Mozambique, macadamia
thefts have reportedly contributed to tensions between           These concerns mirror developments in the international
smallholder and commercial growers, as commercial                market for abalone, as reportedly the influx of poached
growers view the informal market as the conduit for              South African abalone into Hong Kong’s food markets has
stolen produce and are therefore unwilling to bring small-       contributed to Japanese abalone being seen as a superior
holders into the formal market.17
                                                                 delicacy to legal South African produce. The poached
                                                                 specimens, like the stolen macadamias, are not processed
Reporting from Zimbabwe has described several instanc-           according to food safety standards, and this has impacted
es where brazen daylight thefts of macadamias by groups          the industry at large.
armed with machetes have led to clashes between grow-
ers and thieves, particularly in the macadamia groves            The implications of avocado and macadamia theft go
surrounding the town of Chipinge. Several macadamia
                                    18
                                                                 beyond the cost of stolen produce. As growers face un-
thieves have been killed and several injured.19 In one           sustainable security costs and the potential for damaged
incident, a suspected nut thief was shot dead at the farm        consumer trust in the industry, the thefts place the develop-
of a Zimbabwean army official who is also head of the            ment of sustainable, viable markets for these crops at risk.
Chipinge macadamia growers’ association. The official’s

                                                    RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   4   EASTERN AND SOUTHERN AFRICA REGION
ILLICIT ECONOMIES CIVIL SOCIETY OBSERVATORY OF - Global Initiative against Transnational ...
2. Elephant poaching has dramatically decreased in Mozambique’s Niassa National
    Reserve, once an epicentre of the illegal trade.
From 2009 to 2014, Mozambique lost nearly half of its               dog populations still roam. This started changing in
elephants to poaching; the elephant population declined             2009, when the rampant elephant poaching under way
from an estimated 20 000 to 10 300. The majority
                                       22
                                                                    in Tanzania27 shifted south across the Rovuma River
of this loss occurred in the Niassa National Reserve in             into the northern part of the Niassa Reserve, and af-
northern Mozambique, where the population fell from                 fected the whole reserve by 2013–2014 (see Figure 2).
an estimated 12 000 in 2011 to around 4 440 animals                 By 2014, the poaching had also become increasingly
in 2014. Despite the significantly lower density of el-             professionalized, carried out by specialized gangs using
ephants in Niassa Reserve, the poaching continued                   high-calibre hunting rifles.28
into 2017 and early 2018.23 However, in May 2019,
Mozambique’s National Administration of Conservation                By late 2014, northern Mozambique, and the port of
Areas (ANAC) announced that it had been a year since a              Pemba in particular, had become a significant hub for
poached elephant had last been found in the reserve.24              ivory trafficking.29 Ivory was trafficked from Uganda,
Later in 2019, ANAC released the results of the 2018                and possibly further west, overland and by dhow down
national elephant census, revealing a stabilization of the          the coast from Tanzania to northern Mozambique and
national population, with an estimated 9 122 animals,     25
                                                                    then to Asia. By 2016, ivory stockpiles in Mozambique
although losses are still occurring in key populations in           were being raided,30 and poaching of the Niassa Reserve
the west and south-west.26                                          elephants continued, even though the low density of
                                                                    elephants made them hard to find. Before 2014, most
Niassa Reserve, at 42 300 km , slightly larger than
                               2
                                                                    ivory from elephants poached in northern Mozambique
Switzerland, is one of Africa’s few remaining remote                was moved into Tanzania and exited the African conti-
wilderness areas where large elephant, lion and wild                nent from East Africa; but with the shift of trafficking to

                                                                                             KEY

                                                                                                Class 1 – fresh
                                                                                                Class 2 – recent
                                                                                                Class 3 – old
                                                                                                Class 4 – very old
    N                                       0    25            50              100 Km

FIGURE 2: Elephant carcass distribution in the Niassa National Reserve, Mozambique
during a dry-season aerial survey in 2014
SOURCE:   National Administration of Conservation Areas, Mozambique

                                                 RISK BULLETIN • ISSUE 5 • FEB/MAR 2020        5     EASTERN AND SOUTHERN AFRICA REGION
4 000

                           3 500

                           3 000
     Number of carcasses

                           2 500

                           2 000

                           1 500

                           1 000

                            500

                              0
                                   1998   2000   2002    2004   2006    2009    2011     2014     2016    2017    2018     2019

                                                        Carcass estimate               Upper/lower error limit

FIGURE 3: Estimated                number of elephant carcasses and margin of error
NOTE:Estimating the count of elephant carcasses across a vast terrain, such as the Niassa National Reserve, faces a
number of practical barriers, such as the scale of the area and the difficulty of finding carcasses via an aerial count in
woodland areas.
SOURCE:                National Administration of Conservation Areas, Mozambique

Pemba and Nacala in northern Mozambique, ivory stolen                        operating on the eastern side of the Niassa Reserve were
from stockpiles and poached in the Niassa Reserve began                      arrested and convicted in court in the province of Cabo
moving directly from Mozambique.                                             Delgado in northern Mozambique.32 At the same time,
                           4 000                                             higher-level networks trafficking ivory from the ports of
The first actions that contributed to the later reduction                    northern Mozambique were being exposed, and in some
in poaching started in 2017 and 2018 (see Figure 3). A
          3 500                                                              cases dismantled and individuals arrested.33 Recent field-
key event was the July 2017 arrest and repatriation to                       work in Pemba, Mozambique, by a Global Initiative team
Tanzania of
          3 a000
              major ivory trafficker who had been operat-                    found no indication of ivory being trafficked through that
ing in northern Mozambique with impunity since 2013.31                       port.34 Other sources in the area have indicated that the
     Number of carcasses

The arrest2and
            500transfer were the result of a three-year                      local ivory trade has ceased because the perceived threat
investigation involving a multi-agency collaboration be-                     of arrest and conviction is high.35 The same sources sug-
        2 000
tween ANAC, the National Criminal Investigation Service                      gested that local ivory traders are holding small stockpiles
of the Police, and the Attorney General’s Office, with                       from the past but are too afraid to move or sell them.
NGO and 1 500 support. In 2014, this trafficker had been
        donor
operating five poaching gangs in the Niassa Reserve. Just                    In early 2018, changes were also made on the ground in
two of the1gangs
            000 had together supplied him with 825 ki-                       the Niassa Reserve. Key partners – ANAC, the police, the
logrammes that year alone. There is also evidence tying                      Wildlife Conservation Society (ANAC’s co-management
            500 of 867 pieces of ivory from a stockpile in
him to the theft                                                             partner for the Reserve), the Niassa Conservation Alliance
northern Mozambique in late 2016. He was well known                          and other operators – began to implement a coordinated
for maintaining0a local network of bribery payments to                       anti-poaching strategy. This included deploying a specialized
                    1998 2000 2002 2004 2006                            2009    2011     2014     2016    2017    2018     2019
maintain his anonymity and security – making his arrest                      rapid-response police unit, appointing a senior police liaison
and repatriation even more notable.                                          officer to coordinate all police forces with Reserve scouts,
                                                                                                                                               KEY
                                                        Carcass estimate              Upper/lower
                                                                             better equipping      error limit
                                                                                              the scouts,  making a light aircraft available
                                                                                                                                                   Gold dep
Following this arrest, and based on information gained                       year-round, and chartering a helicopter during the 2018 and
                                                                                                                                                   FPR gold
from interrogations, a further six ivory traffickers                         2019 wet seasons. Improvements in communications were                 centres
                                                                                                                                                   Reported

                                                                RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   6    EASTERN AND SOUTHERN AFRICA REGION
During the poaching crisis, Mozambique lost almost 10 000 elephants – including this one from the Niassa National
Reserve – in just five years. A combined effort of law enforcement and park management has helped bring
poaching in the reserve down to nothing today. © Alastair Nelson

also made through investment in a radio network and              recent fieldwork ascertained that while ivory from the
regular meetings between the partners. In addition, the          Niassa Reserve was not for sale, live pangolins are,
partnership cleared out illegal mining and fishing camps in      and local sources confirm that pangolin scales and lion
the reserve. Finally, a significant proportion of the ele­       bones originating from the reserve still transit Pemba
phant population were collared and tracked in order to           and can be sourced if wanted. It is not surprising that
focus protection activities. In the first 12 months that the     anti-poaching operations alone in an area the size of the
police rapid-response unit operated in the reserve, they         Niassa Reserve have not stopped illegal wildlife trade
arrested 46 people, of whom 26 were convicted.      36
                                                                 across the board. Further, there is evidence that sen-
                                                                 tence length alone is not a good deterrent, but rather
A final key component of the reduction in elephant               the likelihood of being caught and a sanction occurring
poaching in Niassa Reserve has been high-level political         have a higher impact on deterrence.39 This may be ex-
support. In November 2018, Mozambique’s president,               acerbated in Mozambique where prison overcrowding
Filipe Nyusi, visited the reserve and participated in a          means that prisoners are fairly regularly released early to
widely publicized elephant-collaring operation. He 37
                                                                 make space for new offenders. Therefore, while effec-
used this opportunity to emphasize the need to restore           tive anti-poaching operations and effective sentencing
the rule of law, while also reducing resource conflicts          are key components of improving the rule of law in and
with local people.38                                             around protected areas, there may be several other key
                                                                 factors that are critical to reducing organized high-value
It is unlikely that the decline in elephant poaching in the      poaching. In this instance, key specific factors include:
Niassa Reserve is purely the result of effective anti-           ■■   the 2017 arrest of northern Mozambique’s most
poaching operations and increased sentencing. Our                     notorious ivory trafficker, who was the key link

                                                    RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   7    EASTERN AND SOUTHERN AFRICA REGION
between poaching and stockpile thefts in northern                  leakage from local law-enforcement agencies
     Mozambique and the Pemba ivory traffickers                    ■■   direct operational support from donors and NGO
■■   the immediate follow-on arrests of lower-level ivory               partners for these cooperating law-enforcement
     traffickers                                                        activities
■■   disruption of the corrupt protection of ivory traf-           ■■   the work of international law-enforcement agencies
     fickers and poachers, which has, in turn, broken the               to dismantle the ivory-trafficking networks operating
     general perception of impunity                                     from northern Mozambique; and
■■   the increased perception of the likelihood of arrest          ■■   high-level political support.
     and conviction for ivory trafficking resulting from the
     recent crackdown                                              At the same time, the wider context of the breakdown of
■■   reduced demand for ivory from traffickers in Pemba,           the rule of law in northern Mozambique due to ongoing
     which had become a major centre for transnational             violence, and other ongoing illicit trades in the region,
     ivory trafficking                                             must be borne in mind. The specific successes described
■■   cooperation between trusted individuals in key                here should be attributed to improved rule of law that
     government law enforcement agencies (ANAC, the                focused on a specific product – ivory. This has overcome
     National Criminal Investigation Service and the               a culture of impunity and created a feeling of vulnerability
     Attorney General’s Office) to overcome information            in the criminal networks dealing with that product.

3. The IUU Fishing Index provides insights into illegal, unreported and unregulated
    fishing in East and Southern African countries.
In January 2020, a study highlighting an innovative                contains a wide variety of valuable fish resources, such as
methodology – using sensors attached to live albatross-            tuna and abalone, which incentivizes IUU fishing.
es to monitor illegal, unreported and unregulated (IUU)
fishing – revealed that up to a third of the 353 fishing           In the last few years, IUU fishing has become an increas-
boats the birds encountered fishing in the southwest-              ingly prominent geopolitical issue in the region. In 2018,
ern Indian Ocean between November 2018 and March                   the European Commission cut funding for fisheries
2019 had turned off their automatic identification sys-            development in the Comoros and identified it ‘as a non-
tems.40 These systems are used by national authorities             cooperating third country in fighting IUU fishing’.45 EU
to inform maritime security efforts and to track vessel            member states have also come under criticism – includ-
movements. As they are required to be switched on at               ing Spain, which civil-society groups in the Seychelles
all times, when vessels turn them off it is a likely sign of       alleged had underreported its tuna catch in the Indian
illegal activity.                                                  Ocean, leading to EU sanctions in 2019.46

Over the last decade, successful and sustainable ex-               Many ESA countries rely heavily on the fisheries sector for
ploitation of the ocean has become a development ob-               its contribution to gross domestic product, export earn-
jective for many East African countries, with Mauritius            ings, employment and food security. Failure to reduce IUU
(2013), the Seychelles (2018) and, most recently,                  fishing in the region threatens these benefits, with poten-
Zanzibar (2020) launching ‘blue economy’ development               tially serious consequences for the countries concerned.
strategies – yet along with these aspirations come anx-
ieties that IUU fishing will undermine them.41 Although            RELIABLE AND COMPARABLE DATA
comprehensive information about the extent of IUU                  Recognizing its negative impacts on local, national and
fishing in East and Southern Africa (ESA) as a whole is            global development, eliminating IUU fishing by 2020
not available, it is likely that IUU fishing is a significant      was included as a target in UN Sustainable Development
problem throughout the region.                                     Goal 14. A global IUU Fishing Index (www.iuufishingin-
                                                                   dex.net) was launched in February 2019 to evaluate
Somalia has been recognized as an IUU fishing hotspot,42           countries’ exposure and the quality of their response.
as civil unrest has weakened its ability to control fish-          The IUU Fishing Index was developed by Poseidon
ing in its waters, and there is evidence of illegal fishing        Aquatic Resource Management (www.consult-poseidon.
in Tanzania and South Africa. The south-western
             43                   44
                                                                   com) and the Global Initiative Against Transnational
Indian Ocean (of which ESA countries are coastal states)           Organized Crime (https://globalinitiative.net/). The index

                                                       RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   8       EASTERN AND SOUTHERN AFRICA REGION
addresses the lack of reliable and globally comparable
                                                                                      THE FISHBONE GRAPHIC
 estimates of IUU fishing that enable comparisons across                                                                                            5
 countries and over time. The lack of such data has made it
 difficult to identify where interventions are most needed,                                                                                         3

 and thus has hindered efforts to reduce and eliminate
                                                                                                                                                    1
 IUU fishing. The index allows countries to be compara-
 tively ranked as well as individually assessed in terms of
 their exposure and responses to IUU fishing.

 The index applies 40 indicators to 152 countries with a                                                         Coastal
                                                                                                                Coastal             Port
                                                                                                                                   Port
 maritime coastline. Each country is scored on a scale of                                                                    Flag
                                                                                                                           Flag           General
                                                                                                                                         General

 1 (good) to 5 (poor), based on the weighted indicators.
 The scores do not establish how much IUU fishing there                               While the skull and the tail represent the overall IUU fishing score
 is in each country; rather, they measure the relative risk                           (as a larger skull and tail shows a higher/poorer overall score) the fish-
                                                                                      bones represent the different types of state responsibilities that are
 of IUU fishing incidence.                                                            measured in the index. Larger fishbones show higher/poorer scores.
                                                                                      STATE RESPONSIBILITIES
 The 40 indicators are based on a combination of four state                           Coastal: Indicators related to things states should do and their obli-
                                                                                      gations in relation to IUU fishing that are specific to managing their
 responsibilities and three indicator types, as shown in
                                                                                      exclusive economic zone (EEZ)
 Figure 4.                                                                            Flag: Indicators related to things states should do and their obliga-
                                                                                      tions in relation to IUU fishing that are specific to vessels they flag
                                                                                      (i.e. that are on their vessel register)
 The index thus provides the basis for comparing countries,                           Port: Indicators related to things states should do and their obligations
 world regions and ocean basins in terms of IUU prevalence,                           in relation to IUU fishing that are specific to managing their ports
                                                                                      General: Indicators that are not specific to flag, coastal or port state
 vulnerability and response. The index can help to identify
                                                                                      responsibilities, including market-related indicators, and indicators
 the countries, regions and areas where action would be                               applicable to the sector as a whole
 beneficial and would reduce levels of IUU fishing.                                   INDICATOR TYPES
                                                                                      Prevalence: Indicators that relate to known/suspected IUU incidents
                                                                                      Vulnerability: Indicators that relate to risks that IUU fishing may occur
 EAST AND SOUTHERN AFRICAN
                                                                                      Response: Indicators that relate to actions setting out to reduce IUU
 COUNTRY SCORES                                                                       fishing
 Index scores for 12 ESA coastal countries – Comoros,
 Djibouti, Eritrea, Kenya, Madagascar, Mauritius,                                  FIGURE 4: Indicators       considered in the IUU Fishing Index
 Mozambique, Namibia, Seychelles, Somalia, South Africa
 and Tanzania – are slightly worse than average global                         foreign vessels fishing in the waters of coastal states, and
 scores for IUU fishing (Figure 5).                                            the large size of their exclusive economic zones (EEZs)
                                                                               (the area of sea from the coast to 200 nautical miles off-
 The higher (worse) scores are mostly driven by higher                         shore), which makes it harder to monitor IUU fishing.
 scores on prevalence and vulnerability. The region fares
 particularly poorly for the indicator groups of coastal                       On the other hand, the ESA region scores slightly better
 prevalence and coastal vulnerability, due to continuing                       than the global average on government response, as most
 disputes over maritime boundaries, a large number of                          countries in the region are either contracting parties or

                0       1           2      3      0    1          2            3     0         1       2               3                     0      1        2              3
                                           2.87              1.37                                                                 3.66                                   2.72
     Coastal                            25.8                    1.60                                                       3.17                                       2.51

                            1.22                                           2.78                        1.79                                                  1.92
        Flag                 1.31                                         2.69                                2.23                                            2.01
                               1.55                                     2.47                                                   3.50                                  2.41
        Port                1.31                                       2.43                                                           3.98                           2.41
                             1.38                                        2.60                                           2.95                                      2.41
     General                1.28                                          2.68                                       2.66                                        2.32
                                1.64                                   2.44                                            2.98                                      2.33
Overall Score                  1.54                                     2.48                                           2.92                                      2.29

                Prevalence                        Response                            Vulnerability                                          Overall Score

                         ESA country scores (12 countries)                               Global scores (152 countries)

  FIGURE 5: East    and Southern Africa coastal country scores from the IUU Fishing Index compared to global average scores

                                                             RISK BULLETIN • ISSUE 5 • FEB/MAR 2020                     9         EASTERN AND SOUTHERN AFRICA REGION
IUUFishingIndex.net

                                                                   IUUFishingIndex.net IUUFishingIndex.net

                                                                                                                                                                                                 HIGHEST

                                                                                                                                                                              5                                            5

cooperating non-contracting parties to all relevant
                                                                Somalia
                                                                                                                                                                              3                                            3

regional fisheries management organizations (RFMOs),       Somalia
                                                                Somalia                                                                                                       1                                            1

                                                           World ranking              World
                                                                                       World ranking
                                                                                               ranking
and operate a national vessel monitoring system (VMS)      10 of 152 countries        10 of 152 countries
                                                                                      10 of 152 countries
                                                                                                 IUUFishingIndex.net    IUU                              IUU
and fisheries monitoring centre. RFMOs manage re-
                                                           Africa ranking             Africa ranking
                                                                                                                        Score                            Score
                                                           4 of 38 countries          4Africa   ranking
                                                                                        of 38 countries                                                                                         IUU
                                                                                                                                                                                                Score
                                                                                      4 of 38 countries                     2.75                         2.753.13
gionally shared fish stocks, typically highly migratory
                                                           West Indian Ocean ranking  West Indian Ocean ranking                      3.69 2.05 2.20                               3.69 2.05 2.20               3.13
                                                                   IUUFishingIndex.net
                                                           3 of 24 countries                  IUUFishingIndex.net
                                                                                     3 of 24 countries
                                                                                                                                                                                                2.75

                                                                                                                                       Coastal

                                                                                                                                                  Flag

                                                                                                                                                           Port

                                                                                                                                                                    General

                                                                                                                                                                                  Coastal

                                                                                                                                                                                              Flag

                                                                                                                                                                                                       Port

                                                                                                                                                                                                               General
                                                                                      West Indian Ocean ranking                                                                                                                3.69 2.05 2
stocks, such as tuna, that move between EEZs; a VMS                                   3 of 24 countries

                                                                                                                                                                                                                               Coastal

                                                                                                                                                                                                                                           Flag
tracks fishing vessels using transponders, placed on the
                                                                                                                                                                              5                                            5
vessels, which emit location data that are read by satel-
                                                                Tanzania
                                                                                                                                                                              3                                            3

lites and transmitted to graphical displays on computer   Tanzania
                                                               Tanzania                                                                                                       1                                            1

terminals in the fisheries monitoring centres.            World ranking
                                                          18 of 152 countries
                                                                                      World
                                                                                       World ranking
                                                                                                ranking
                                                                                      18 of 152 countries
                                                                                      18 of 152 countries
                                                          Africa ranking                        IUUFishingIndex.net
                                                                                      Africa ranking                    IUU
                                                                                                                        Score
                                                                                                                                                         IUU
                                                                                                                                                         Score
                                                          7 of 38 countries           7Africa
                                                                                       of 38 countries
                                                                                               ranking                                                                                          IUU
                                                                                                                                                                                                Score
Comoros, Somalia and Tanzania have the worstWest
                                             scores                    7 of Indian
                                                  Indian Ocean ranking West
                                                     IUUFishingIndex.net
                                            5 of 24 countries
                                                                             38 countries
                                                                                   Ocean ranking
                                                                               IUUFishingIndex.net
                                                                       5 of 24 countries
                                                                                                                        2.65         2.25 2.29           2.65
                                                                                                                                                          3.11 2.83               2.25 2.29            3.11    2.83

                                                                                                                                                                                                2.65

                                                                                                                                      Coastal

                                                                                                                                                  Flag

                                                                                                                                                          Port

                                                                                                                                                                   General

                                                                                                                                                                                  Coastal

                                                                                                                                                                                              Flag

                                                                                                                                                                                                       Port

                                                                                                                                                                                                               General
and rank poorly in global terms. Kenya, Mauritius,                                    West Indian Ocean ranking
                                                                                      5 of 24 countries
                                                                                                                                                                                                                               2.25 2.29           3

                                                                                                                                                                                                                               Coastal

                                                                                                                                                                                                                                           Flag
Namibia and the Seychelles are the best-performing
                                                                                                                                                                              5                                            5
countries in the ESA region, although these scores
                                                                Comoros Isl. Isl.
                                                                                                                                                                              3                                            3
nevertheless still indicate a high risk of IUU fishing,
and poor performance in terms of global comparisons
                                                           Comoros
                                                               Comoros
                                                                   Isl.                                                                                                       1                                            1

                                             World ranking                            World
                                                                                       World ranking
                                                                                               ranking
                                                           20 of 152 countries        20 of 152 countries
                                                                                      20 of 152 countries
(Figure 6).                                                Africa ranking             Africa ranking                    IUU
                                                                                                                        Score
                                                                                                                                                         IUU
                                                                                                                                                         Score
                                                           8 of 38 countries          8Africa
                                                                                        of 38 countries
                                                                                                ranking                                                                                         IUU
                                                                                                                                                                                                Score
                                                           West Indian Ocean ranking
                                                                                      8 of 38 countries
                                                                                      West Indian Ocean ranking             2.61                         2.61
                                                                                                                                     2.56         1.74   2.56 3.30                2.56        1.74    2.56 3.30
                                                           6 of 24 countries         6 of 24 countries
Somalia has suffered from decades of civil war and                                                                                                                                              2.61

                                                                                                                                       Coastal

                                                                                                                                                  Flag

                                                                                                                                                           Port

                                                                                                                                                                    General

                                                                                                                                                                                  Coastal

                                                                                                                                                                                              Flag

                                                                                                                                                                                                       Port

                                                                                                                                                                                                               General
                                                                                      West Indian Ocean ranking                                                                                                                2.56        1.74    2
                                                                                      6 of 24 countries
a weak central government that has not been able to

                                                                                                                                                                                                                               Coastal

                                                                                                                                                                                                                                           Flag
                                                                                                 IUUFishingIndex.net

control or police its coastal waters. Unsurprisingly, itIUUFishingIndex.net
                                                         per-                                 IUUFishingIndex.net
forms poorly in most indicator groups, with a particularly
below-average score for government response – 2.82,
                                                                                                                                                                              5                                            5
compared to the regional average of 2.44 (Figure 7). The
                                                               Seychelles                                                                                                     3                                            3
government, for example, has not provided data on its          Seychelles
                                                          Seychelles                                                                                                          1                                            1

vessels to the FAO Global Record of fishing vessels,     a
                                               World ranking                          World
                                                                                       World ranking
                                                                                                ranking
                                                          107 of 152 countries        107 of 152 countries
                                                                                       107 of 152 countries
repository of government-certified informationAfrica
                                               intend-
                                                     ranking                                      IUUFishingIndex.net
                                                                                      Africa ranking                    IUU
                                                                                                                        Score
                                                                                                                                                         IUU
                                                                                                                                                         Score
                                                          35 of 38 countries          35 of 38 countries
                                                                                       Africa   ranking                                                                                          IUU
ed to combat IUU fishing. It does not comply with   all
                                              West Indian Ocean ranking
                                                                                   35 of
                                                                                  West     38 countries
                                                                                        Indian Ocean ranking            2.13        3.38 1.83 2.06
                                                                                                                                                         2.131.73                 3.38 1.83 2.06
                                                                                                                                                                                                 Score
                                                                                                                                                                                                               1.73
                                                                                  21 of 24 countries
                                                          21 of 24 IUUFishingIndex.net     IUUFishingIndex.net
                                                                                                                                                                                                  2.13
                                                                   countries
RFMO flag and port state responsibilities, and it has not

                                                                                                                                                                                   Coastal

                                                                                                                                                                                               Flag

                                                                                                                                                                                                        Port

                                                                                                                                                                                                                General
                                                                                       West Indian Ocean ranking
                                                                                                                                     Coastal

                                                                                                                                                 Flag

                                                                                                                                                          Port

                                                                                                                                                                  General
                                                                                                                                                                                                                               3.38 1.83
                                                                                       21 of 24 countries
ratified the UN Fish Stocks Agreement.

                                                                                                                                                                                                                                Coastal

                                                                                                                                                                                                                                            Flag
                                                                                                                                                                              5                                            5

On the other hand, the Seychelles performs very well
                                                      Mauritius
                                                                                                                                                                              3                                            3

                                               Mauritius
on most response indicators, and is the best-perform- Mauritius                                                                                                               1                                            1

                                                          World ranking                World
                                                                                        World ranking
                                                                                                 ranking
ing country in the region overall. Its high response      101 of 152 countries         101 of 152 countries
                                                                                        101 of 152 countries
                                                          Africa ranking                         IUUFishingIndex.net
                                                                                       Africa ranking                   IUU                               IUU

score derives from the fact the country has signed and
                                                                                                                        Score                             Score
                                                          33 of 38 countries           33 of 38 countries
                                                                                        Africa   ranking                                                                                             IUU
                                                                                                                                                                                                     Score
                                                          West Indian Ocean ranking
                                                                                        33 of 38 countries
                                                                                    West Indian Ocean ranking           2.15                              2.151.73
                                                                                                                                    2.88 1.88 2.56                                2.88 1.88 2.56                1.73
accepted most relevant international fishing agree-       19 of 24IUUFishingIndex.net
                                                                   countries        19 of 24IUUFishingIndex.net
                                                                                             countries
                                                                                                                                                                                                     2.15
                                                                                                                                     Coastal

                                                                                                                                                 Flag

                                                                                                                                                          Port

                                                                                                                                                                  General

                                                                                                                                                                                    Coastal

                                                                                                                                                                                               Flag

                                                                                                                                                                                                        Port

                                                                                                                                                                                                                 General

                                                                                        West Indian Ocean ranking                                                                                                              2.88 1.88
ments, has developed a national plan of action to                                       19 of 24 countries
                                                                                                                                                                                                                                 Coastal

                                                                                                                                                                                                                                            Flag

combat IUU fishing, tracks its fishing vessels using a                                                                                                                        5                                            5

VMS, and has supplied data on its vessels to the FAO
                                                                Kenya
                                                                                                                                                                              3                                            3

Global Record.                                            Kenya Kenya                                                                                                         1                                            1

                                                          World ranking               World
                                                                                       World ranking
                                                                                                ranking
                                                          96 of 152 countries         96 of 152 countries
                                                                                       96 of 152 countries

Yet while the Seychelles has good scores for gov-
                                               Africa ranking                         Africa ranking                    IUU                              IUU
                                                                                                                        Score                            Score
                                               31 of 38 countries                     31 of 38 countries
                                                                                       Africa   ranking                                                                                          IUU
                                                                                                                                                                                                 Score
                                                                                      31 of 38 countries                2.18                             2.18
ernment response, it has the second worst scores          West Indian Ocean ranking
                                                          17 of 24 countries
                                                                                      West Indian Ocean ranking
                                                                                      17 of 24 countries
                                                                                                                                    2.50         1.74    1.89 2.53                2.50        1.74     1.89 2.53

                                                                                                                                                                                                 2.18
                                                                                                                                     Coastal

                                                                                                                                                 Flag

                                                                                                                                                          Port

                                                                                                                                                                  General

                                                                                                                                                                                   Coastal

                                                                                                                                                                                               Flag

                                                                                                                                                                                                        Port

                                                                                                                                                                                                                General

                                                                                       West Indian Ocean ranking                                                                                                               2.50        1.74
in the region for prevalence, and the third worst for                                  17 of 24 countries
                                                                                                                                                                                                                                Coastal

                                                                                                                                                                                                                                            Flag

vulnerability. The poor prevalence score is driven by
                                                                                                                                                                                                 LOWEST
the assessment of IUU fishing levels by the people
involved in monitoring, control and surveillance, and                                 FIGURE 6: Threehighest- and lowest-performing countries
by the number of vessels on the lists of IUU vessels                                  on the IUU Fishing Index in East and Southern Africa

                                                            RISK BULLETIN • ISSUE 5 • FEB/MAR 2020                     10       EASTERN AND SOUTHERN AFRICA REGION
0        1              2             3                       0       1              2                3                0     1              2               3                 4          0        1          2               3
                                                                       4.40           1.00                                                                                                    4.00                                                      3.69
     Coastal                                          2.87                                1.37                                                                                            3.66                                        2.72
                                     1.67                                                                               3.00                  1.00                                                                             2.05
        Flag                  1.22                                                                                   2.78                                  1.79                                                              1.92
                          1.00                                                                            2.20                                                                                 4.00                              2.20
        Port                      1.55                                                                       2.47                                                                       3.50                                       2.41
                                               2.29                                                                             3.50                                                   3.44                                                      3.13
     General                   1.38                                                                                 2.60                                                        2.95                                                 2.41

Overall Score                               2.19                                                                    2.82                                                               3.36                                              2.75
                                     1.64                                                                       2.44                                                            2.98                                              2.33

                Prevalence                                                    Response                                                 Vulnerability                                                     Overall Score

                      Somalia                                ESA country scores (12 countries)

          FIGURE 7: IUU       Fishing Index scores for Somalia compared to average scores for East and Southern Africa

                0         1             2             3                0          1           2                 3          0           1      2             3               4                            0         1         2               3
                                                                3.80              1.00                                                                                                            5.00                                              3.38
     Coastal                                          2.87                            1.37                                                                                3.66                                                         2.72

                                     1.67                                                 1.56                                                           2.50                                                                1.83
        Flag                  1.22                                                                          2.78                             1.79                                                                             1.92
                                  1.50                                                       1.75                                                                        3.50                                                    2.06
         Port                      1.55                                                                  2.47                                                            3.50                                                        2.41
                                               1.00                                           1.86                                                2.11                                                                   1.73
     General                     1.38                                                                     2.60                                                  2.95                                                                  2.41
                                        1.85                                              1.64                                                                    3.12                                                           2.13
Overall Score                        1.64                                                                2.44                                                   2.98                                                               2.33

                    Prevalence                                           Response                                          Vulnerability                                                                     Overall Score

                      Seychelles                               ESA country scores (12 countries)

          FIGURE 8: IUU       Fishing Index scores for Seychelles compared to average scores for East and Southern Africa

          maintained by RFMOs, suggesting that vessels operat-                                                        ■■       Develop a national plan of action to combat IUU
          ing under the country’s flag are involved in IUU fishing.                                                            fishing.
          The Seychelles is also vulnerable to IUU fishing because                                                    ■■       Sign international fisheries agreements that aim to
          of its large EEZ and the large number of foreign ves-                                                                reduce IUU fishing.
          sels fishing in its waters and landing fish into its ports                                                  ■■       Better track vessel activity using a VMS.
          (Figure 8).                                                                                                 ■■       Provide data on their fishing vessels to the UN Food
                                                                                                                               and Agriculture Organization.
          THE WAY FORWARD                                                                                             ■■       Ensure full, or at least better, compliance with all
          The index clearly shows that many countries in the ESA                                                               RFMO obligations in relation to vessel and port
          region are at above-average risk of IUU fishing. There                                                               management.
          are only a limited number of actions that can be taken
          to mitigate vulnerability to IUU fishing. Countries would                                                   While some of the actions would have cost implications,
          not want to reduce the size of their EEZs, and resolving                                                    the costs may not be significant, and the actions are
          maritime boundaries will take a long time. But several                                                      relatively easy to achieve if the political will is there.
          actions can be taken by countries in the ESA region to
          improve responses to IUU:

                                                                                          RISK BULLETIN • ISSUE 5 • FEB/MAR 2020                                   11             EASTERN AND SOUTHERN AFRICA REGION
4. Uganda’s Narcotic Drugs and Psychotropic Substances Act 2016 has left individuals
    vulnerable to abuse while failing to deter major drug traffickers.

In February 2016, after three years of lobbying and re-           Europe. Rising rates of heroin consumption within Uganda
peated attempts to pass the draft bill in Uganda’s parlia-        also follow the patterns seen in countries across the
ment, the Narcotic Drugs and Psychotropic Substances              region.51 Nominally, the 2016 Act was passed to counter
(Control) Act came into force. The Act intensified                these two trends.
Uganda’s already prohibitionist approach to drugs by
significantly increasing penalties for all drug-related           High-level corruption connected to drug trafficking also
offences.                                                         provides a significant backdrop to implementation of the
                                                                  2016 Act. The delays faced in passing the Act through
The Act has been controversial from the outset. Although          parliament were attributed by interviewees to entrenched
lawyers in Uganda and law-enforcement officials praised           resistance among members of parliament, many of whom
the legislation, human-rights activists and rehabilitation        are believed to draw large profits from drug trafficking
centres criticized the harsh sentences it prescribed. The         and therefore to have vested interests in blocking higher
legislation also fails to properly distinguish between the        sanctions for traffickers.52 According to a US government
offences of possession and trafficking, and places an             submission in the 2019 drug-trafficking trial of the Kenyan
overarching emphasis on a criminal-justice response to            brothers Baktash and Ibrahim Akasha, they and two as-
drugs rather than a public-health approach.    47
                                                                  sociates attended a meeting at which Ugandan President
                                                                  Yoweri Museveni’s sister-in-law allegedly ‘offered to pro-
Civil-society members argue that, while the Act has had a         vide a license to import…ephedrine, two tons at a time, in
negligible impact on drug-trafficking networks, the most          exchange for a percentage of the profits’. The documents
tangible change has been the level of abuse suffered by           show that the Akasha network had ‘discussed using labo-
people who use drugs at the hands of law enforcement,             ratories in Burundi, Uganda, and Tanzania to manufacture
and in the bribes they must pay to evade arrest. Law-
                                                    48
                                                                  the ephedrine into methamphetamine’.54
enforcement officers highlight the dearth of alternatives
to criminal-justice approaches, such as state-run rehabili-       IMPLEMENTATION OF THE ACT
tation clinics, in countering drug use.   49
                                                                  The 2016 Act adopts an approach common in African
                                                                  drug legislation, with escalating penalties for use, pos-
The Ugandan Human Rights Commission held a consul-                session and trafficking. According to legal practitioners,
tation on the Act in October 2019, in which a number of           the logic behind ascribing higher sanctions to possession
civil-society groups advocated the decriminalization of           than to use is that a person possessing narcotics could
drug use. However, in Uganda’s current political cli-
         50
                                                                  be seeking to deal in them.55 The higher penalty for
mate, any reform is unlikely until after the 2021 national        possession applies even if the amount of drugs is small,
elections.                                                        although of course this can be taken into account during
                                                                  sentencing.
As part of its ongoing research into the political economy
of illegal drug markets in Uganda, the Global Initiative          Although Uganda’s penalty structure is the same as, for
has investigated how the technical practicalities of im-          example, Ghana’s, the impacts of the Ugandan legisla-
plementing the 2016 Act have had differing impacts on             tion have reportedly been particularly punitive.56 While
the rights of vulnerable people who use drugs and on              Ghanaian law-enforcement officers commonly charge those
organized-crime groups trafficking drugs.                         found in possession of a small quantity of illicit narcotics
                                                                  with use rather than possession, to enable a less punitive
CONTEXT                                                           sentence,57 this trend has not been reported in Uganda.
Following an established and familiar pattern across
East and Southern Africa, Uganda has, over the past               Most cases of possession are tried in Uganda’s lower
decade, become a significant transit country for Afghan           courts, which are not courts of record, so it is impossi-
heroin brought to the East African coast and destined             ble to know the exact number of people arrested and
for European markets. To a lesser extent, Uganda is also          charged under the Act. However, legal practitioners
a transit state for South American cocaine destined for           and law-enforcement officials reported that the vast

                                                    RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   12   EASTERN AND SOUTHERN AFRICA REGION
Four years after Uganda’s parliament passed a
                         draconian anti-narcotics law, civil-society groups
                         say the legislation has created an opportunity
                         for corruption and persecution of people who
                         use drugs. Here in Kisenyi, a slum in the heart of
                         Kampala, photographer Michele Sibiloni captured
                         a glimpse into the daily lives of addicts existing on
                         the margins of society. © Michele Sibiloni

RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   13   EASTERN AND SOUTHERN AFRICA REGION
majority of those arrested are charged with posses-             calling others into question. A Venezuelan national
sion, and that the number of individuals charged with           arrested carrying 1.7 kg of cocaine and convicted on
possession has significantly increased. Few traffick-
                                            58
                                                                parallel counts of trafficking and possession, was re-
ing cases are reported, and people who can afford a             portedly sentenced to 11 years imprisonment on each
bribe are never charged.   59
                                                                count (22 years in total), together with the standard
                                                                fine. While consistent with reports that the fines im-
For the trafficking cases that do come to trial, there are      posed are the minimum prescribed by the Act, it pres-
additional difficulties. The Act does not provide a clear       ents an exception to the reported lack of imprisonment
distinction between the offences of possession and              for trafficking cases, although it still does not amount to
trafficking, such as a specific amount of narcotics. This       the life sentence prescribed by the Act.64
is a crucial distinction, as sanctions for possession grant
the judge discretion to sentence the perpetrator to a           One lawyer interviewed by the Global Initiative sug-
fine or imprisonment, or both, while those for traffick-        gested that the intention of the Act is that the market
ing mandate life imprisonment as well as a fine.                value of seized narcotics is calculated based on the
                                                                value at their intended destination, with the street
In spite of this mandate, trafficking penalties handed          price of drugs in New York or London used as a proxy.
down by Ugandan courts since the Act came into                  However, this presents significant challenges in accu-
force have been almost exclusively limited to fines. 60         rately determining the drugs’ destination, and, in any
This is reportedly due to judicial fear of appeals              case, an officer responsible for determining the price
against decisions.                                              has not been designated.

The financial penalties imposed under the Act have              Although the fines currently imposed are insignificant
been meaningless to higher-level drug traffickers but           for large-scale traffickers, they outstrip what most
harshly punitive for disadvantaged people who use               drug users can afford. Failure to pay the fine is punish-
drugs. The Act dictates the same financial penalty for          able by a 10-year prison term (a mandatory minimum
possession and trafficking: either a fine of not less than      sentence not subject to judicial discretion). The Act is
10 million Ugandan shillings (€2 425), or ‘three times
                                       61
                                                                noted to have fuelled extortion by law-enforcement
the market value of the narcotic drug … whichever is            officers, who give people who use drugs a choice
greater.’ While the Act sets a minimum fine, in prac-
        62
                                                                between 10 years’ imprisonment and a bribe. Families
tice courts appear to have adopted the minimum as the           and friends are often prevailed upon to provide funds
standard amount.                                                to pay the bribe.65

As regards the market value of the drug, beyond stating         Although imposing arguably disproportionate sanctions
that this should be documented in a certificate signed          on people who use drugs, the current application of
by an officer appointed by the minister responsible for         the Act’s sanctioning regime has made Uganda attrac-
internal affairs,63 the Act provides no guidance as to          tive as a transit country for drug-trafficking networks,
how the value is to be determined and, crucially, which         for whom the relatively low penalties are merely a cost
market the price is based on. As of December 2019,              of doing business.66 In large part due to ineffective
no officer had been appointed, ‘market value’ remained          judicial implementation, and a lack of government guid-
undefinable and courts exclusively set fines based on           ance, the Act’s impact on large-scale drug-trafficking
the Act’s mandated minimum.                                     networks has been at best negligible and at worst
                                                                counter-productive.
One 2019 lower court judgment reported to the Risk
Bulletin confirms some of the trends identified, while

                                                   RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   14   EASTERN AND SOUTHERN AFRICA REGION
NOTES
1     Andries van Zyl, Crop theft has major impact on           12 Barry Christie, South African macadamia industry
     macadamia industry, Limpopo Mirror, 4 November                satisfied with stiff sentence for theft, Fresh
     2017, www.limpopomirror.co.za/articles/                       Plaza, 8 November 2017, www.freshplaza.com/
     news/44770/2017-11-04/crop-theft-has-major-                   article/2184404/south-african-macadamia-industry-
     impact-on-macadamia-industry; Irene Kim, What                 satisfied-with-stiff-sentence-for-theft/.
     makes macadamia nuts the most expensive nuts               13 Andries van Zyl, Crop theft has major impact on
     in the world, at $25 per pound, Business Insider, 6           macadamia industry, Limpopo Mirror, 4 November
     March 2019, www.businessinsider.com/macadamia-                2017, www.limpopomirror.co.za/articles/
     nuts-most-expensive-world-australia-hawaii-2019-              news/44770/2017-11-04/crop-theft-has-major-
     3?r=US&IR=T.                                                  impact-on-macadamia-industry.
2    Stefan de Villiers, Dogs deployed to help fight avo        14 Southern African Macadamia Growers’ Association,
     theft in the Lowveld, The Lowvelder, 8 February 2019,         Impact of macadamia theft on the industry and
     https://lowvelder.co.za/467711/dogs-deployed-                 the South African economy, provided by email,
     help-fight-avo-theft-lowveld/; Helena Wasserman,              12 October 2017.
     There’s a shortage of avocados in South Africa – and       15 Andries van Zyl, Crop theft has major impact on
     you can expect to pay R25 for one, if you can find it,        macadamia industry, Limpopo Mirror, 4 November
     Business Insider South Africa, 6 February 2020, www.          2017, www.limpopomirror.co.za/articles/
     businessinsider.co.za/avo-avocado-shortage-south-             news/44770/2017-11-04/crop-theft-has-major-
     africa-2020-2.                                                impact-on-macadamia-industry.
3    Interview with Lizel Pretorius, CEO of Macadamias          16 Tereasa Dias, Macadamia nut farmers losing millions
     South Africa NPC, by phone, February 2020.                    due to theft, The Lowvelder, 24 August 2018, https://
4    Lindi Botha, Macadamia and avocado theft costs                lowvelder.co.za/447395/macadamia-nut-farmers-
     industry millions, Farmer’s Weekly, 8 January 2020,           losing-millions-due-theft/.
     www.farmersweekly.co.za/agri-news/south-africa/            17 Amsita Parshotam, Cultivating smallholder inclusion
     macadamia-and-avocado-theft-costs-industry-                   in Southern Africa’s macadamia nut value chains,
     millions/; Barry Christie, South African macadamia            Africa Portal occasional paper.
     industry satisfied with stiff sentence for theft, Fresh    18 The great nut robbery: These machete-wielding
     Plaza, 8 November 2017, www.freshplaza.com/                   gangs don’t want cash, News24, 13 April 2017,
     article/2184404/south-african-macadamia-industry-             www.news24.com/Africa/Zimbabwe/the-great-
     satisfied-with-stiff-sentence-for-theft/.                     nut-robbery-these-machete-wielding-gangs-dont-
5    South African Subtropical Growers’ Association                want-cash-20170413; Luthando Mapepa Chipinge,
     (Subtrop), Impact of avocado theft on the industry            Macadamia thieves besiege Chipinge, Manica
     and the South African economy, 2018, provided by              Post, 11 January 2019, www.manicapost.co.zw/
     email, 7 February 2020.                                       macadamia-thieves-besiege-chipinge/.
6    Avocado production: Avocados in South Africa,              19 Macadamia robbers must be tamed, Zimbabwe Daily,
     South Africa Online, http://southafrica.co.za/avocado-        16 January 2020, www.thezimbabwedaily.com/
     production.html.                                              news/384541-macadamia-robbers-must-be-tamed.
7    Lindi Botha, Macadamia and avocado theft costs                html.
     industry millions, Farmer’s Weekly, 8 January 2020,        20 Richard Muponde, Suspected macadamia nuts ‘thief’
     www.farmersweekly.co.za/agri-news/south-africa/               shot at top army boss farm, NewsDay, 16 February
     macadamia-and-avocado-theft-costs-industry-                   2019, www.newsday.co.zw/2019/02/suspected-
     millions/.                                                    macadamia-nuts-thief-shot-at-top-army-boss-farm/.
8    South African Subtropical Growers’ Association             21 Samuel Kadungure, Major breakthrough for
     (Subtrop), Impact of avocado theft on the industry            macadamia growers, Manica Post, 19 July 2019,
     and the South African economy, 2018, provided by              www.manicapost.co.zw/major-breakthrough-for-
     email, 7 February 2020. A total of 93 growers were            macadamia-growers/.
     surveyed.                                                  22 Mozambique announces major decline in national
9    Eleanor Ainge Roy, Electric fences and armed patrols:         elephant population, Wildlife Conservation Society,
     On the frontline of New Zealand’s avocado war,                26 May 2015, https://newsroom.wcs.org/News-
     The Guardian, 30 October 2018, www.theguardian.               Releases/articleType/ArticleView/articleId/6760/
     com/food/2018/oct/31/electric-fences-and-armed-               Govt-of-Mozambique-announces-major-decline-in-
     patrols-on-the-frontline-of-new-zealands-avocado-             national-elephant-population.aspx.
     war; Avocados are highly coveted by thieves in Spain,      23 Jon Sharman, Poachers kill nearly 11,000
     Fresh Plaza, 10 December 2019, www.freshplaza.                Mozambique elephants in 7 years, Independent, 12
     com/article/9171323/avocados-are-highly-coveted-              February 2018, www.independent.co.uk/news/
     by-thieves-in-spain/; Samuel Trilling, Mexican                world/africa/elephants-poachers-kill-animals-
     farmers: 48 tons of avocados lost to gangs every              ivory-trade-africa-niassa-national-reserve-fauna-
     day, Organized Crime and Corruption Reporting Project,        flora-a8206626.html.
     18 June 2019, www.occrp.org/en/27-ccwatch/                 24 Niassa Reserve celebrates one year without
     cc-watch-briefs/9983-mexican-farmers-12-tons-of-              a single elephant poached – Mozambique,
     avocados-lost-to-gangs-every-day.                             Club of Mozambique, 28 May 2019, https://
10   Annie Todd, Cartel war seeks to control avocado               clubofmozambique.com/news/niassa-reserve-
     trade in Mexico, Organized Crime and Corruption               celebrates-one-year-without-a-single-elephant-
     Reporting Project, 13 August 2019, www.occrp.                 poached-mozambique/.
     org/en/daily/10466-cartel-war-seeks-to-control-            25 Mozambique: Only 26 elephants killed in 2019,
     avocado-trade-in-mexico.                                      one less than year before, Club of Mozambique, 27
11   Saeed Kamali Dehghan, Are Mexican avocados the                January 2020, https://clubofmozambique.com/news/
     world’s new conflict commodity?, The Guardian, 30             number-of-elephants-in-mozambique-stabilises-
     December 2019, www.theguardian.com/global-                    at-10800-139795/.
     development/2019/dec/30/are-mexican-avocados-              26 Interview with Carlos Lopes Pereira, Director of Law
     the-worlds-new-conflict-commodity.                            Enforcement and Protection, ANAC, Mozambique,
                                                                   11 April 2019, Maputo.

                                                   RISK BULLETIN • ISSUE 5 • FEB/MAR 2020   15   EASTERN AND SOUTHERN AFRICA REGION
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