Legal Dispute Over Wild Plant Trafficking: CBCGDF's Fight for Conophytum Conservation Ends in Controversial Ruling?
On September 18, 2023, the China Biodiversity Conservation and Green Development Foundation (CBCGDF) received a civil judgment (2023) Su 01 Min Chu 1561, which ruled that CBCGDF's environmental public interest lawsuit against China's largest organized wild plant trafficker, Dr. Flower (CHEN Qing), for the protection of Conophytum, ended in failure.
The defendant, Chen Qing, had been engaged in illegal harvesting, purchasing, and selling of wild Conophytum plants, actions that severely damaged the ecological environment. Conophytum is an endangered species, internationally protected and valued by the global community. The defendant's actions not only violated the law but also caused significant harm to the ecological environment, disrupting biodiversity. In August 2019, Chen Qing was fined in South Africa for illegal plant harvesting.
The "Clean Internet for Conophytum" campaign, initiated by CBCGDF, is a conservation initiative aimed at combating illegal wildlife trade activities, particularly cross-border poaching and illegal succulent plant trade, by purifying online trading platforms. The campaign's goal is to protect biodiversity and contribute to the co-building of a global community for all life. Launched on March 9, 2023, the campaign has garnered support and participation from the public, conservationists, horticulturists, and businesses.
In April 2023, the China Biodiversity Conservation and Green Development Foundation filed a lawsuit with the court. On April 18, 2023, they received a notice of case acceptance from the Nanjing Intermediate People's Court, officially filing an environmental public interest lawsuit to protect Conophytum. The court hearing took place on July 12, 2023.
The key points of dispute in this case were: 1. Whether the plants involved in this case directly originated from South Africa. 2. Whether the defendant's actions had an impact on the ecological environment.
However, the Nanjing Intermediate People's Court ruled in the first instance that the defendant did not directly harvest or purchase wild Conophytum from South Africa but obtained Conophytum plants from Yunnan Weishi Horticulture Co., Ltd., and Taobao merchants, among others. The court found that the defendant had reviewed the other party's operating qualifications and exercised due diligence, concluding that the source of Conophytum plants for breeding was legal. The defendant had not engaged in illegal harvesting or illegal purchase of wild Conophytum plants, as per the court's judgment.
This decision is highly controversial. Prior to all Conophytum plants being listed in CITES Appendix 3, Chen Qing had repeatedly and for an extended period sold "wild Conophytum" on his social media platform, a fact that was widely known. CBCGDF does not accept this ruling and hopes for the assistance of international experts on Conophytum plants.
This case highlights the complexities and challenges associated with combating illegal wildlife trade and protecting endangered species, emphasizing the need for international cooperation and expert involvement in addressing such issues. Please contact CBCGDF if you have any suggestion. Contact: V90@cbcgdf.org
Reporter: Chaubi
Editor: YJ
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