The Global Response to Transnational Organized Environmental Crime - A Research Report
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The Global Response to Transnational
Organized Environmental Crime
A Research Report
June 2014
A NETWO
RK TO COUN
TER NETWORK
S
The Global Response to
Transnational Organized
Environmental Crime
Part of the Global Initiative against Transnational Organized Crime
series on Environmental Crime
June 2014
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Appreciation and Acknowledgements
Justin Gosling carried out the research for this paper and is the primary author.
Tuesday Reitano and Mark Shaw contributed to and edited the final document.
The Global Initiative gratefully acknowledges the range of more than 150 experts from the Global Initiative
Network and beyond who have given up their time to contribute to the development of this report, its main
conclusions and recommendations, in particular, Giovanni Broussard, Bonaventure Ebayi, Nirmal Ghosh, Gavin
Hayman, Jan Kellet, Julian Newman, Julian Rademeyer, Siv Runhovde, John Sellar, Wietse van der Werf and Belinda
Wright.
Photographs were kindly provided by Julian Rademeyer, The Black Fish and the Environmental Investigation
Agency.
Sharon Wilson and Eugene Zhuravliov drew the diagrams and laid out the report for publication.
Thanks also go to our Secretariat staff, Livia Wagner and Kent Tse who facilitated the process.
This work would not have been possible without the financial support of the Governments of Norway and
Switzerland.
© 2014 Global Initiative against Transnational Organized Crime. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or by any means without permission
in writing from the Global Initiative. Please direct inquiries to:
The Global Initiative against Transnational Organized Crime
7bis, Avenue de la Paix
P.O. Box 1295
CH-1211 Geneva 1
Switzerland
www.GlobalInitiative.net
This publication can be downloaded at no cost at:
http://www.globalinitiative.net/knowledge-bank/publications/
About the Global Initiative against Transnational Organized Crime
The Global Initiative (www.globalinitiative.net) is a network of prominent law enforcement, governance and
development practitioners who are dedicated to seeking new and innovative strategies and responses to
organized crime.
Nature of the challenge
The problem of organized crime is not new, but the scope, scale and spread of the phenomena is now unprecedented.
It affects all countries, developed, middle-income and developing, as well as states beset by political instability and
conflict. The impacts can be diverse, but the common feature is that organized crime negatively affects the life
chances of ordinary people: it undercuts key institutions, damages the environment, distorts or impedes economic
growth and it fuels conflict.
While there is growing consensus as to the rapid evolution and detrimental impact of organized crime, there is
much less agreement around what constitutes an effective response.
Catalyzing a new approach
The Global Initiative was born from a series of high-level, off the record discussions between mainly (though not
exclusively) law enforcement officials from both developed and developing countries, hosted by the International
Peace Institute in New York in 2011-12. At these meetings, the founding members of the Global Initiative, many
of whom stand at the front line of the fight against organized crime, illicit trafficking and trade, concluded that
the problem and its impacts are not well analyzed; they are not systematically integrated into national plans or
strategies; existing multilateral tools are not structured to facilitate a response and existing forms of cooperation
tend to be bilateral, slow and restricted to a limited number of like-minded states.
The result was a decision to create a new initiative: the Global Initiative against Transnational Organized Crime,
which would seek to provide a platform to promote greater debate and innovative approaches as the building
blocks to an inclusive global strategy against organized crime.
Analysis, Strategies and Response
Launched formally in New York in September 2013, the Global Initiative comprises a network of close to 100
independent global and regional experts working on human rights, democracy, governance and development
issues where organized crime has become increasingly pertinent.
The Global Initiative, now registered as an international civil society organization, has an office in Geneva,
Switzerland, a core Secretariat and a high-level advisory board. Through a range of channels, the Global
Initiative seeks to project the expertise of its Network members outwards and to make it available to a broader
range of stakeholders.
For more information please visit our website at www.globalinitiative.net
or contact the Secretariat at: secretariat@globalinitiative.net.
@GI_TOC @GI_TOC_esp
www.facebook.com/GlobalInitiativeAgainstTransnationalOrganizedCrime
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Table of Contents
Table of Acronyms..................................................................................................................................................................................................................................................vii
Key Messages and Core Recommendations.............................................................................................................................................1
Introduction.........................................................................................................................................................................................................................................................................6
The Crime Scene.........................................................................................................................................................................................................................................................8
Environmental Crime is Serious, Organized and Transnational....................................................................8
An Overview of Environmental Crime Types......................................................................................................................................9
Environmental Crime is Time Critical..................................................................................................................................................................14
The Human Cost............................................................................................................................................................................................................................................15
Environmental Crimes Fuels Conflict..................................................................................................................................................................17
The Corruption Connection..................................................................................................................................................................................................18
The Criminal Chain................................................................................................................................................................................................................................................20
Source.................................................................................................................................................................................................................................................................................20
Transit..................................................................................................................................................................................................................................................................................21
Destination Market...................................................................................................................................................................................................................................22
The Controllers of Organized Crime.....................................................................................................................................................................22
The Response....................................................................................................................................................................................................................................................................25
The Responses...................................................................................................................................................................................................................................................25
The Responders..............................................................................................................................................................................................................................................35
Conclusion................................................................................................................................................................................................................................................................................46
Towards a Better Response.....................................................................................................................................................................................................47
Recommendations...................................................................................................................................................................................................................................47
References................................................................................................................................................................................................................................................................................51
Table of Acronyms ARREST Asia’s Regional Response to Endangered Species Trafficking ARPEC Asia Regional Partners forum on Environmental Crime ASEAN Association of Southeast Asian Nations BLO Border Liaison Office CFCs chloro-flouro carbons CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora DRC Democratic Republic of Congo ENV Education for Nature Vietnam EIA Environmental Investigation Agency FATF Financial Action Task Force HCFCs hydrochlorofluorocarbons ICCWC International Consortium on Combating Wildlife Crime INTERPOL International Criminal Police Organization KP Kimberley Process LAGA Last Great Ape Organization LRA Lord’s Resistance Army MEAs multi-lateral environmental agreements NCB National Central Bureau ODS ozone-depleting substances PAC Partnership-Africa Canada RILO Regional Intelligence Liaison Office ROCB Regional Office for Capacity Building PATROL Regional Organized Law-enforcement FARC Revolutionary Armed Forces of Colombia SLCS South Luangwa Conservation Society UPDF Uganda People’s Defence Force UVB ultra-violet rays UNREDD UN Collaborative Programme on Reducing Emissions from Deforestation and Degradation UNCAC UN Convention against Corruption UNTOC UN Convention Against Transnational Organized Crime UNEP United Nations Environment Programme DELC Division on Environmental Law and Conventions UNODC United Nations Office on Drugs and Crime WCO World Customs Organization WENs wildlife enforcement networks WPSI Wildlife Protection Society of India Transnational Organized Environmental Crime vii
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Organized Environmental Crime: A Call to Action
Key Messages and Core Recommendations
Environmental crime is one of the most damaging, activists, journalists and community members, have
high profile and economically significant fields been killed defending land or forests.
of global criminal activity – second only to drug
Across their various disciplines and areas of expertise,
trafficking – and is pushing our planet to the point
those involved in this study wished to communicate
of eco-system collapse.
five key messages and five core recommendations.
Many crimes are still beyond our capacity to assess, but These were surprisingly consistent and universal,
to highlight a few pertinent statistics: the global value and serve as an imperative to the international
of wildlife trade is estimated at $19 Billion and with a community, national governments and individual
single rhinoceros horn netting $260,000 for criminal citizens to recognize this no longer as an
groups. The value of illegal fishing is estimated with environmental issue, but as a criminal issue, and
$23 Billion per year, and is forecasted to cause a to use all of the tools at their disposal to respond
complete collapse of the world’s fish stocks in 2048. urgently and coherently.
Deforestation in the Amazon region has increased up
to 103% in 2012-2013, with estimated profits of $100 1. “Recognise the role of organized
Billion for the illegal timber industry worldwide. crime: Act now, different, better…”
This report is the culmination of a process that began At the national level, environmental crime has long
in April 2013, and has been consulted with over 150 been perceived as a “green issue” fragmented across
environmental, development and criminal justice a range of multi-lateral institutions and international
professionals, drawn from the multi-lateral system, conventions that set policy, regulate the domain
national governments and civil society. This has and catalyze the response. But lack of political will,
followed the route of other reports by the Global inconsistent and fragmented application of resources,
Initiative: an initial paper for debate that incorporates and grey areas in mandates appear to hamper the
the inputs of a network of professionals from a diversity kind of strategic leadership that is required.
of backgrounds, growing as the discussion grows and
reflecting its key messages. As with all Global Initiative For too long, the response has been paper-based,
processes, people have participated in their individual caught in bureaucratic wrangling on definitions and
capacity, and not on behalf of their institutions. ratifications, and small fixes to an international legal
architecture riddled with loopholes and arguably
Commissioned initially as a baseline assessment of not fit for purpose.
where things stand in terms of the global response
to organized environmental crime, this report has A universal legal framework is needed that would
evolved into an urgent call to action. Unchecked firmly situate environmental crime as a serious,
corruption and sophisticated criminal networks organized and criminal activity, and provide
have created an illicit economy which has pushed an effective legal architecture for international
species to the brink of extinction, transformed cooperation and national responses.
thriving rainforests into impoverished wastelands
The signing of an MOU between countries and
and polluted the environment with toxic waste.
institutions makes an apparent commitment, but all
Furthermore, our responses are failing to dent the
too often these agreements have neither the teeth
problem, whilst coming at the cost of human lives:
nor the resources to successfully implement. This is
more than 100 rangers are killed each year in Africa
no longer a legal issue, as regulation changes cannot
defending wildlife, while global estimates suggest
keep pace with the evolution of criminal behavior.
that between 2002-2012 over 700 people, including
We need a rapid response not a bureaucratic one.
1 Transnational Organized Environmental Crime
“We are applying annual strategies to a to organized crime undermine citizens’ trust in
half-century crime-wave, which is rapidly democratic institutions, and the increasingly
devastating a process of evolution that inter-woven nature of politics, organized crime
has taken place over 4 billion years.” and corruption poses a significant threat to the
long-term development of democracy across the
The enormous investment required to create
developing world.
momentum and coordinate regional and international
responses may detract from national efforts, and Within the context of developing successful
hamper a truly successful and tangible response to responses, corruption undermines all other efforts
environmental crime. Resources are committed along to combat environmental crime. A great proportion
short funding cycles and under the whims of donors of the millions of dollars being invested into this
– both public and private - that prevent genuine fight around the globe is wasted because efforts
partnerships, capacity building and innovation. being funded have little chance of succeeding in
the face of corruption. Law enforcement capacity
We have to do better. High rhetoric at international
is being built, but if a barrier of corruption protects
conferences needs to be followed up with public
the most significant criminals, then only superficial
convictions of controllers and kingpins, and the
enforcement can take place.
seizure of their assets. Investigations by NGOs and
reports by civil society need to be integrated into Even where corruption is identified as a significant
law enforcement responses. Public campaigns at the impediment to addressing environmental crime,
community level need to be reinforced by alternative multilateral forums are stymied in their response,
livelihoods in the regions most vulnerable. trapped in the frameworks of state sovereignty,
diplomatic relations and multilateral consensus.
There is an urgent need for a rationalized and
reinvigorated approach to address the challenge “We are throwing sand in the wind, unless
of environmental crime more comprehensively. A we address the unholy trinity of criminal
holistic strategy is required to tackle environmental enterprise, big business and political elites.”
crime if we are not to lose the battle and suffer the
Systems to promote international transparency
extermination of species and irreversible damage to
and accountability need to be found, applied and
the planet.
rigorously monitored, or all other efforts are futile.
2. “Corruption is the elephant in the
3. “Capture the controllers, not the
room and we don’t say it enough”
army of ants…”
Corruption at all levels facilitates and enables
The increasing international pressure to respond to
organized environmental crime, and undermines
organized environmental crimes, and particularly in
the majority of our instruments for response.
regions where the profits of environmental crime are
At the highest levels, state officials complicit with perceived to enrich terrorist groups, is prompting
international corporations and national big business a heavy handed and often violent response. The
sell permits, land and extraction rights to individuals militarization of poaching has led to the militarization
and companies based on the level of the kick-back of enforcement, and this in turn is merely escalating
rather than the merit of the tender, or distribute the loss of human life, whilst failing to reduce its
them as gifts amongst favored cronies. Illicit profits impact or mitigate the roots of the problem.
may have bolstered some authoritarian regimes and
Militaries deployed against poachers and armed
funded undemocratic regime change.
ranger units sent to combat illicit logging are
Operating with apparent impunity from prosecution creating a “war on environmental crime” which like
or censure, elites and their ongoing connections many of our self-declared wars, is doomed to be lost.
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Failure to address poverty, inequality and under- environmental crime. These crimes are motivated
development in rural communities of certain by profits, at the individual, corporate or controller
developing countries, is a leading reason for the level, and it is only by reducing the profitability of
increase in poaching and smuggling of wildlife the crime, that we can hope to dry up the demand.
resources. Criminal groups have created livelihoods
and political economies based around the flow of 4. “Draw on non-state resources
illicit resources, and these overwhelm legitimate and work better together”
resource flows and sustain entire communities.
The days have passed in which a response driven
Violent crackdowns on poachers impacts livelihoods by state institutions will be sufficient or adequate
and the resilience of communities, and exacerbates to meet the nature of the challenge. Even in the
rifts between citizens and the state and escalates the strongest states this issue has been too long left within
conflict. the purview of under-resourced environmental
“We cannot fight only fire with fire.” ministries. Now it must be considered also a criminal
issue, with serious implications for human security
The war is being waged at the wrong level. and state integrity. The challenge of organized
Relentlessly pursuing the “army of ants” – the environmental crime requires a holistic and multi-
individual poachers, transporters, corrupt customs sectoral response, and civil society and the private
officials – has little impact on the global trade in illicit sector are increasingly critical partners.
environmental products.
For over three decades, NGOs have been largely
The individuals most responsible for organised, responsible for lobbying and driving a response
transnational environmental crime and have the to environmental crime. Increasingly now, they
greatest influence over its execution are arguably are engaging in and applying investigative and
those who profit most from it. Yet there have been law enforcement techniques. Important regional
precious few arrests and convictions of known responses have been driven by the efforts of NGOs,
environmental crime controllers, even when publicly and yet often fail to feed their efforts into coordinated
identified. This group of criminals exists at the heart international action.
of environmental crime, functioning as pivots within
networks of individuals around the globe who commit The media acts as a watchdog over inadequate
individual criminal acts at various nodes in the chain. responses and corruption issues. By increasing
transparency and accountability, civil servants are
Whilst it is undoubtedly these individuals at which more obliged to act, and wrongdoings are harder to
most attention should be directed, evidence of hide. Protecting a ‘free press’ is essential to maintain
high-level connections often renders these people and ensure that public concerns over environmental
‘untouchable’. In some cases these people are senior crime are not just heard, but are cast widely,
officers in the police, government officials and even catalyzing a chain of action from civil society and
ministers and politicians. The concept of them governments.
being stopped through conventional enforcement
is arguably unrealistic. But with the right level of Private businesses and public corporations have
political support, history tells us that even the most extraordinary influence over the management of
well-connected and apparently powerful criminals environmental resources, not simply because of
can be convicted. Well profiled convictions of their financial might, but because of the difference
known controllers can have a positive impact across between over-exploitation of resources, and more
the entire criminal economy chain. ethical, conservative practices.
Not enough use is made of asset seizure tools to The scale of the problem is extensive and profound,
investigate financial flows and suppress organized and we need to draw on all actors to engage in an
effective response.
3 Transnational Organized Environmental Crime5. “Unless we act now, we will lose…” and private stakeholders to ensure cross-fertilization
of knowledge and ideas for initiatives. Actors
On a number of fronts, the battle to protect our working on these areas should be encouraged to
planet, its species and key ecosystems from the develop cross-cutting, tangible and result-oriented
pillage of criminal activity is being lost. activities which complement each other, and which
aim to ensure, paramount to all other considerations,
Some commodities illicitly traded under the broad
that environmental harm is prevented.
umbrella of ‘environmental crime’ are amongst the
most valuable on earth. Environmental crimes have an A new global strategy is required to create
impact greater than just natural resources and habitats: synergies and bridge the gap between development
they affect human security in the form of conflict, rule and the environment, and law enforcement,
of law and access to essentials such as safe drinking justice and the fight against corruption.
water, food sources and shelter. The loss of revenue and
While the practical application of a strategic approach
income that should be garnered from legitimate trade
may differ from sector to sector, place to place and
in natural resources restricts economic development
crime to crime, there are enough commonalities for
and exacerbates income inequality. At a local level the
some important conclusions to be drawn. Having in
involvement of elements of organized crime threatens
place such a global strategy would in turn assist in
communities and reduces opportunities to access
the allocation of resources to priority activities, and
sustainable and honest income as crime crowds out
assist in enhancing synergies and coordination.
legitimate ways of making a living.
Given the proximity to the tipping point of
Globalization has irreversibly changed market forces
irreversible damage, there is a need for acceleration
around these issues, creating potent incentives
of our responses and an increase in outputs. Projects
for criminality, and facilitating the acquisition and
should be focused on achieving a significant number
laundering of phenomenal sums of money.
of tangible outputs that build upon previous work.
Recent debates around the rampant poaching of
Resources are finite, priorities infinite. But a global
key species - elephants, rhinos and tigers, amongst
strategic framework is required that will recognize
others - highlights the extent of the challenge and
where the most critical damage is being done, and
the inadequacy of our response. Even with an
employ concentration of effort in this area. In some,
upswell in momentum and grand statements of
but not all cases, this may include the ever-popular
commitment, the practical impact on the ground
key species, but it may also include long-overlooked
is minimal. Criminal groups are evolving faster than
issues such as illicit fishing or waste dumping which
we are, and the deployment of the traditional tools
create widespread environmental hazard in an un-
of statements, sanctions and capacity building are
regulated space.
simply not proving effective.
We recommend five priority responses to serve
“Right now, we are building sand
as the building blocks of a global strategy to fight
walls to stop a tsunami.”
environmental crime:
Environmental crime is time sensitive and most often
1. Create a new global legal framework to
irreversible. We are at the tipping point where any effort
enhance the law enforcement response to
may well be too late. We urgently need to prioritize this
organized environmental crime by negotiating
issue and change the way we do business.
a new Protocol on Environmental Crime to the
The Way Forward: Towards a better United Nations Convention against Transnational
Organized Crime (UNTOC).
response
2. Target the people who make trafficking
The goal must be to move towards a cooperative
possible. Identify the top ten organized criminals
framework between national agencies and public
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20% of global fishing is illegal. By 2048 the world’s fish stocks will collapse.
responsible for environmental crime and work 4. Create and fund an Environmental Crime
together to bring them to justice. As a national Global Observatory to track trends and new
security issue, environmental crime should be approaches used by organized criminal groups
treated on the same level as other national engaged in environmental crime. Locate the
security threats like terrorism or drug trafficking. observatory in the vulnerable “global south”
While civil society should be considered an and use it to collate and analyse information on
ally, with information from civil society used to organized crime in the environmental sector and
target key players, short-term successes like to monitor progress and share information.
seizures of contraband, may not always need to
5. Crack down on corruption within the
be publicised until investigations into the cases
environmental sector by demonstrating it is a
have been carried out.
crime that will not be tolerated. Those who pledge
3. Revitalise high-level criminal justice responses to protect our wildlife heritage must be seen as
to fight high-level criminals engaged in beyond reproach. Assign elite law enforcement
environmental crime. Create multi-disciplinary agencies to environmental crime, with zero
national “green” law enforcement units made up tolerance of corruption within the ranks. Publicize
of law enforcement officers, environmental crime the results of successful prosecutions.
officials and prosecutors to target those who
make profits from environmental crime.
5 Transnational Organized Environmental Crime“Immensely powerful though we are today, it’s equally clear that we’re going to be even more powerful
tomorrow. And what’s more, there’s compulsion upon us to use our power as the number of human beings
on the Earth increases still further. Clearly we could devastate the world… as far as we know, the Earth
is the only place in the universe where there is life. Its continued survival now rests in our hands.”
Sir David Attenborough, The Living Planet (1984)
Introduction
Environmental crime is one of the most damaging, Considerable effort has been made to curb
high profile and economically significant fields of environmental crime, including the implementation
global criminal activity. It is not a new phenomenon, of international treaties, establishment of national
nor is it an emerging issue. Yet within the last decade enforcement units, and millions of dollars invested
environmental crime has escalated significantly by a wide range of stakeholders. There is little doubt
in terms of variety, volume, and value. Despite that those involved in the problem of tackling
considerable international attention and action, environmental crime are driven by passion and a
environmental crimes are an increasingly rewarding genuine concern for the consequences of criminal
activity for those who carry them out, and a activity. National law enforcement agencies, non-
significant challenge for the wide range of actors governmental organizations and international
who aim to defeat them. bodies work apparently tirelessly to find solutions,
but all indications are that the problems go
Some commodities illicitly traded under the broad
beyond both conservation measures and criminal
umbrella of ‘environmental crime’ are amongst the
justice responses, and call for a broader and more
most valuable on earth. Environmental crimes have
cooperative stakeholder engagement.
an impact greater than just natural resources and
habitats: they affect human security in the form of Strategies may exist within organizations, but
conflict, rule of law and access to essentials such as globally the presence of common direction and
safe drinking water, food sources and shelter. The goals are lacking. There is no shortage of impressive
loss of revenue and income that should be garnered activity, and some emotive and powerful rhetoric,
from legitimate trade in natural resources restricts but it is still often difficult to see tangible outcomes.
economic development and exacerbates income Even crimes where the identity of suspects is openly
inequality. At a local level the involvement of known remain unresolved and the most controlling
elements of organized crime threatens communities criminals rarely face arrest let alone conviction.1
and reduces opportunities to access sustainable and
We must ask, despite all the resources being
honest income as crime crowds out legitimate ways
ploughed into the fight against environmental
of making a living.
crime, why are we still losing?
Whilst organized environmental crimes are garnering
There is a need to take stock, and consider the efficacy
attention, crimes also take places at a micro level
of strategies relative to effort and investment. This is
– such as the poaching of wildlife for bushmeat,
a luxury many organizations do not have, particularly
cutting trees for charcoal, or local fishing in marine
those burdened by size and entrenched policy. If
protected areas. These crimes, while not serious or
stocktaking were to take place, is there sufficient
organized by definition, have a huge cumulative
knowledge and expertise in this area of work to
impact, and pose resource-sapping challenges for
determine the right direction? Are appropriate and
enforcement officers.
effective policies in place at a sufficiently high level
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to guide national governments, and those who are the most significant obstacles to tackling
fund enforcement efforts? Are there overarching, transnational organized environmental crime, and
powerful issues, institutional or procedural bulwarks, how does the international community overcome
or even specific individuals getting in the way of real them? In conducting such analyses, we may
progress? understand how we can learn from successful
initiatives and evolve even more effective solutions.
Environmental crime responses have been
developing significantly over the last decade. But as The Global Initiative is in a unique position to
more and more financial resources are invested in examine the situation critically but constructively
projects and programs, now is the time to consider in order to develop recommendations for such
how we develop actions over the forthcoming a strategy. Encouraging cross-sectoral debate
decade and beyond. involving a wealth of experience from a broad range
of experts, the Initiative can help build relationships
This report may be the first to analyse organized
for improved international and local cooperation,
environmental crime in all its manifestations. It
and develop a policy framework towards a long-
aims to look beyond the value of and harm caused
term, effective and sustainable strategy to combat
by environmental crime and examines our current
environmental crime for good.
responses; what works and what doesn’t? What
Environmental Crime By Numbers
US$100 Billion = the value of the illegal timber industry
30% of the global wood trade may be illicit
103% = increase in deforestation rates in the Amazon from 2012-2013
US$23 Billion = the value of illegal fishing annually
20% of global fishing is estimated to be illegal
50% of all fish exports are from developing nations.
2048 will see a complete collapse of the world’s fish stocks
US$19 Billion = the value of wildlife trade
$260,000 = the market value of a single rhino horn
US$68 Million = the value of trade in banned Ozone-Depleting Substances in East
Asia where most production takes place
180 million tonnes of hazardous waste produced – of which vast quantities are
illegally exported to nations that have no means of disposal
7 Transnational Organized Environmental CrimeThe Crime Scene
Environmental Crime is Serious, Organized and Transnational
Defining a crime-type as diverse as environmental some point transnational in nature. Secondly, most
crime is not straightforward, but there are established environmental crime, if only for logistical reasons,
definitions that assist. The UN Convention Against will involve more than three individuals working in
Transnational Organized Crime (UNTOC) defines common purpose. And lastly, depending on which
a transnational organized crime as “any serious legislative acts are used, crimes attracting more than
transnational offence undertaken by three or more four years imprisonment are common. On this last
people with the aim of material gain”. This definition point it is important to bear in mind that it is rarely
however presents difficulties, since ‘serious crime’ is necessary to focus only on environmental laws, but
defined as an offence punishable by a maximum prison issues of revenue evasion, human trafficking and
sentence of at least four years or more. Legislation on exploitation, and health violations are often treated
environmental crimes in many countries is poorly as serious crimes and should be considered in the
developed and therefore sentencing guidelines prosecution of environmental criminals.
may not be defined. As a result, some States may
Indicators of serious, organized environmental
consider that environmental crimes are not, by the
crime include the presence of detailed planning,
UN definition, serious. Steps are however being taken
significant financial support, use or threat of
to address such anomalies including most recently violence, sophisticated forgeries and altering of
the adoption in April 2013 of a resolution under documents, armed participants with modern
the Commission on Crime Prevention and Criminal firearms and opportunity for significant profit.
Justice which urges countries to treat wildlife crimes
as ‘serious’.2 The latest in a series of United Nations The majority of environmental crimes are ‘series crimes’.
(UN) decisions and resolutions, its implementation That is, individual crimes are committed repeatedly
by States will determine whether the words can be following a similar pattern of offending, similar modus
turned into action.3 operandi and often using similar routes. Unlike ‘one-
off’ crimes, while series crimes may cause more
Of course it is not necessary for States to be bound by harm or impact, they also provide investigators with
the guidelines of the UN definitions. It is possible to opportunities with each incident to gather evidence
apply a more common-sense approach to determine exponentially through reactive investigation, and to
what constitutes serious organized crime. Financial develop interventions including planning pro-active
or otherwise material loss to an aggrieved party operations. Whilst not always the case, series crime may
(which may include a State or its people), or gain to also involve the same offender or group of offenders
a criminal is often a sound indicator of seriousness, particularly in long-established crimes.
for example. In 2004 the Chief of Enforcement at
the CITES Secretariat defined a list of indicators of It is useful to understand that transnational crimes
organized wildlife crime4 and provided them to the also include a substantial (complete) offence within
UN as an arguably more practical definition reflecting a national boundary. Even ‘international smuggling’
more accurately the reality of organized crime. The includes elements of attempt, preparation, and
indicators include the presence of detailed planning, conspiracy – specific crimes usually defined in
significant financial support, use or threat of violence, legislation. Therefore in the case of transnational
sophisticated forgeries and altering of documents, crime, it is possible for national agencies to work
armed participants with modern firearms and independently as well as cooperatively. But the latter
opportunity for significant profit.5 6 7 is proving far more challenging.
Regardless of which definition is followed, the vast The majority of environmental criminals are
majority of significant environmental crime is, at motivated by financial gain, and as there is
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considerable wealth to be obtained through It is widely accepted that criminals will diversify from
environmental crime. With this wealth comes the one crime type to another as opportunity arises.
power to purchase equipment for processing, Indeed it is their adaptability and resourcefulness that
transport and storage, and for protection such as increases their chances of success, and their ability to
weapons including firearms. Indeed some organized evade capture. Crossovers between environmental
criminal groups engaged in poaching wildlife are crimes have been detected but are poorly evidenced.
known to possess all-weather clothing, night-vision Associated criminality includes money laundering
equipment, high-powered firearms, tranquilizer in order to process the proceeds of crime from illicit
drugs and guns. Helicopters have been used by funds to wealth that appears legitimate.
poaching gangs in the commission of crimes.,8 9
In some incidents, environmental crime converges
The acquisition of more sophisticated tools of the
with other crimes, often as a result of transportation
trade only serves to make criminals more capable
routes and border crossings which have been
of committing offences and garnering more wealth,
used for centuries, and that are attractive to
but also of evading detection both through more
criminals because of poor enforcement, making
sophisticated methods, and through greater means
smuggling less of a risk or due to the presence of
to bribe officials, or of using power and influence
corrupt agencies which will ensure safe passage of
over them.
contraband for a fee.
An Overview of Environmental Crime Types
The term “environmental crime” covers a broad The words ‘illegal’, and ‘crime’ are used loosely since
range of specific offences where criminal acts or legislation and penalties vary considerably around
misdemeanors involve trade in environmental the world. In one country an act may result in the
commodities or damage to the natural environment offender being sentenced to a term of imprisonment,
itself, such as pollution of air, water or earth. The whilst in another, only a minor administrative penalty
actions conducted often cause harm that has an may be issued. The range between what may be
impact not only to wildlife and natural habitat but considered acceptable and highly illegal is vast.
also pose a direct or indirect threat to human health,
Environmental crimes include the killing or
wellbeing, and security, or result in material loss to
illegal trade in or taking of flora and fauna;
an individual or group.
illegal extraction of natural resources such as
More specifically, environmental crime involves minerals and precious stones; trade in chemicals
which harm the ozone layer, and pollution of
the killing or illegal trade in or taking of flora and
the environment through inappropriate use or
fauna (trees, birds, fish, plants, and animals); illegal
disposal of harmful waste or other pollutants.
extraction or theft of natural resources such as
minerals and precious stones; trade in chemicals It should also be noted that there is significant
which harm the ozone layer, and pollution of the inconsistency between the ways different types of
environment through inappropriate use or disposal environmental crime are treated under international
of harmful waste or other pollutants. (and therefore national) legal frameworks. For
example, the trade in fauna and flora is regulated
In addition to the tangible offences listed, practices
by comparatively robust international law, with
that facilitate the offences are also examples
penalties to non-compliant parties. Illegal logging
of environmental crime. These may include
and fishing however mainly rely on national laws
the provision of premises and equipment, or
and agreements. The trade in ozone-depleting
preparation of logistics. Laundering of the proceeds
substances, waste and pollutants may be controlled
of environmental crime is significant offence. The
by international agreements, but they have little
actions of corrupt private and public individuals
in the way of ‘teeth’ and again rely on national
are also a significant facilitator in the commission of
enforcement. Such ambiguities currently present a
substantive acts of environmental crime.
9 Transnational Organized Environmental Crimechallenge. Even the collective term ‘environmental crime follows. The list is certainly not exhaustive, nor
crime’ may be too vague to be helpful and is often is this the only way to define environmental crime,
the source of debate. But the debate must move but time spent on discussing definitions is arguably
beyond semantics and on to how to overcome distracting us from dealing with the problem,
ambiguities and move on to actions. whatever we choose to call it. When looking forward
at proactive strategies and effective responses, it is
Bearing in mind these inconsistencies, a brief
useful to understand the different crime types, each
description of the main types of environmental
of which may require specific responses.
The table below illustrates five broad areas of environmental crime recognized by various international bodies.10
Crime Type International Mechanisms Notes
Illegal Wildlife Trade Convention on International The value of the global illegal wildlife trade
Trade in Endangered Species market is estimated to exceed US$19 billion per
of Wild Fauna and Flora year.11
(Washington Convention
1973
Production and trade Montreal Protocol on Based on a volume of 3660 tons per year from
in Ozone-Depleting Substances that Deplete the East Asia alone (the source of most ODS), total
Substances Ozone Layer (1973) value is around US$68 million per year.12
Hazardous Waste Basel Convention on the An estimated 180 million tons of hazardous
Control of Transboundary and household wastes are generated annually
Movement of Hazardous around the world, with many countries receiving
Wastes and Other Wastes and shipments they never agreed to or are unable to
their Disposal (1989) properly dispose of.13
Illegal, Unregulated and Controls imposed by Trade in certain marine species, including fish, is
Unreported Fishing various regional fisheries restricted under CITES. The illegal, unregulated
management organizations and unreported fishing industry is estimated to
be worth US$10 –US$23.5 billion per year.14
Logging and Trade in National Laws, Regional Trade in certain tree species is restricted under
Wood Products control mechanisms. CITES. 2012 UN estimates put the global value of
illegal logging at between US$30-US$100 billion
– up to 30% of the global wood trade.15
Trade in Fauna and Flora the world almost entirely for profit, with little regard
for the dangerous externalities of their actions.
Animals, both wild and captive bred, are legitimately
traded around the world as food, clothing and Often overlooked in favor of protecting animals,
décor, for the pet trade, science and entertainment. plants are also traded in vast quantities for medicinal
International and national laws and regulations and horticultural use, and may also be sourced from
control trade in many species, often in order to the wild or cultivated stocks. Collectors strive to find
ensure that such trade does not adversely affect the most rare and therefore potentially endangered
populations of species, but also to avoid the spread species and will go to considerable lengths16 to
of disease that can be passed from animals to smuggle them across international borders.
humans. Criminals, by contrast, trade animals around
Transnational Organized Environmental Crime 10ORKS
ER NETW
OUNT
TO C
TW ORK
A NE
Illegal Fishing resources from developing countries has impact on
those countries economic stability and development.
Generally referred to as ‘illegal, unreported and
unregulated fishing’, the practice refers to fishing The modus operandi of transnational and organized
in waters where no fishing is permitted, or fishing offenders are many and varied. Use of multiple
quantities, species, age or size of fish which fishing vessels, altering the identification of ships and
are prohibited by national and regional laws or transfer of catches prior to an apparently legitimate
regulations. The practice depletes fish stocks leading landing are just a few methods used to frustrate
to species becoming seriously threatened, reduces monitoring and investigation of suspicious activity
biodiversity causing imbalance of species and even if it is detected.
adversely affects ecosystems.
One of the most significant challenges to addressing
By far one of the most neglected areas of illegal fishing is the issue of international waters.
environmental crime, illegal fishing is also probably Responsibility is one factor, while jurisdiction and
one of the most extensive in geographical terms. legislative difficulties make it difficult to prosecute
Estimates put the value of the global illegal fishing vessels operating in international waters.
industry at US$23.5 billion – around 20% of the
The fishing industry is also linked to other serious
value of world fish exports.17 The depletion of certain
criminal activities. The UN Inter-Agency Project
species, such as Bluefin tuna18, due to unregulated
on Human Trafficking suggests that trafficking
overfishing in turn affects the numbers of species they
into the long-haul fishing industry exemplifies the
consume, unbalancing oceanic ecosystems. Such
worst cases of labor exploitation.22 Incidence of
imbalance and depletion may lead to a reduction
crews being comprised of victims of trafficking is
of human food sources due to lack of abundance of
well documented. There is evidence of widespread
fish, as 75% of all fish production is for direct human
abuse of workers on fishing vessels, and cases of
consumption.19 Approximately 50% of fish exports are
murder with the victims being disposed of by being
sourced from developing countries, which are most
thrown overboard.23 Human rights abuses and
at risk from illegal fishing.20, 21 The exploitation of such
environmental crime often go hand in hand.
The catastrophic risk of overlooking the marine environment.
90% of fish and other marine life may have been lost in the last 100 years. Yet whilst great focus is placed on
the loss of forests and the consequential impact upon climate and human development, awareness of the
consequences of destruction of the marine environment is severely lacking.
Loss of biodiversity in the world’s oceans, which cover 70% of the planet, is predicted to result in the loss of
virtually all wild fish stocks by the year 2048.24
This loss does not only apply to fish stocks, but may result in a decline in overall water quality, loss of oxygen-
producing algae – most of the Earth’s oxygen supply is produced by marine algae and plants - and abnormal and
harmful algal blooms. Coastal flooding may also occur as mangroves, which act as natural barriers, are destroyed.
The human impact of marine damage is potentially catastrophic, resulting in loss of food sources and income
from marine related industries, pollution, and flooding. Most vulnerable are those who live in coastal areas and
rely on the ocean for a variety of services. The majority of these communities live in developing countries.
Whilst not all marine ecosystem damage can be attributed to crime, environmental crimes play a significant role,
through illegal fishing, destruction of coral reefs from construction in coastal areas, and toxic pollution through
illegal dumping of waste and chemicals.
There is a need to develop our response to all crimes against the marine environment, and ensure that fish
receive the same level of focus as terrestrial wildlife.
11 Transnational Organized Environmental CrimeForest Crimes and Illegal Logging The world’s remaining forests are also home to
indigenous communities and people who rely on
Forests are destroyed to supply a global wood them for food and shelter. These include over 100
products industry and to clear land for development tribes who have no contact with outsiders, such
or infrastructure and agricultural use such as the as the Awa people of Brazil. Their future is directly
growing of rubber, soya or oil-palm, used in hundreds affected by unsustainable and often illegal logging
of everyday products. Alongside the legitimate trade industries29 with effectively no avenues of recourse.
in timber comes an insatiable illegal trade resulting in
deforestation on a massive scale, with timber traded Hazardous Waste
in vast quantities, laundered through countries, re-
labelled and sold into industry across the globe. Illegal The disposal of electronic, hazardous and other polluting
logging is estimated to account for between 50-90% waste is a global issue and one that is increasing with
of all forest activities in key producer countries and 15- population growth and ever-increasing demand for
30% of all wood traded globally.25 consumable goods. Whilst many countries may have
introduced effective and appropriate measures for
Unlike many aspects of the wildlife trade, which are national disposal of some waste, the export of other
controlled by relatively small networks, the timber waste and transportation over long distances raises
industry is closely linked to industrial-scale profits, challenges to monitor its disposal.
national income and development. Unsurprisingly,
incidents of illegal logging correlate geographically Criminals exploit these challenges by dumping waste
with the world’s remaining tracts of forest: mainly the in countries where monitoring and/or enforcement
Amazon basin, Central Africa and Southeast Asia. Found is ineffective. The consequences include: pollution
in developing countries, often with poor governance to land as chemicals leach into soil and waterways;
and corrupt businessmen and politicians, the scene harm to people who come into contact with waste
is set for unscrupulous companies to take advantage, either deliberately or inadvertently; and damage to
often with the greatest loss to the poorest of society the atmosphere as a result of the release of chemicals
who lose land and livelihoods. Rates of deforestation are as waste degrades or is burnt.
estimated at around 13 million hectares per year (about This practice takes place from developed to
the size of Greece)26 while recent reports claim that in developing countries since the former have the
some regions, such as the Amazon, deforestation rates means and wealth to collect and export waste,
increased by 103% between 2012 to 2013,27 figures while poorer countries may inadvertently allow
supported by government data.28 dumping of waste, especially where poor legislation,
investigatory powers and enforcement facilitate
such exploitation.
“We cannot live without forests. People will have
to be in symbiotic relationship with the forests. The inappropriate disposal of hazardous wastes, such
When people preserve the forests, the forests will as e-waste, are often conducted by unscrupulous
give back to people. The relationship between companies, as well as by individuals and networks
people and forests are interdependent.” of criminals.
Her Majesty Queen Sirikrit of Thailand, 2009
Ozone-depleting Substances
Ozone-depleting substances (ODS) are man-made
Forest crimes are also linked to destruction of chemicals used mainly as refrigerants but also for
habitats and killing of endangered species, and other purposes. They include chloro-flouro carbons,
contribute to changes in climate, removing natural or CFCs, which gained notoriety in the 1970s when it
carbon dioxide sinks and warming the planet as a was discovered that they contribute to the thinning
result of high levels of carbon dioxide released when of the ozone layer. Other ODS include halons, methyl
trees are destroyed. bromide and hydrochlorofluorocarbons (HCFCs).
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