UNTOC COP12 Strengthens International Cooperation to Prevent and Combat Crimes that Affect the Environment

Global Initiative to End Wildlife Crime at UNTOC COP 12, Vienna, October 2024

 

From 14-18 October 2024, the Global Initiative to End Wildlife Crime (EWC) was in Vienna, Austria to attend the 12th Session of the Conference of the Parties (COP) to the United Nations Convention against Transnational Organized Crime (UNTOC). EWC attended the Conference as part of the delegation of ADM Capital Foundation, its host organization.

The UNTOC COP was established to improve the capacity of State Parties to prevent and combat transnational organized crime, and to promote and review the implementation of the UNTOC. The Convention has 192 State Parties.

Crimes that affect the environment (CAE), including wildlife trafficking, generated increased attention at this COP, both by States and civil society. During the general debate in the COP plenary session, there were statements from twenty States and nine organizations on the need to address CAE, including by EWC. There were also seven side-events dealing with various environmental crimes, including one that was organized by EWC. A draft Resolution on CAE was also tabled by Brazil, France and Peru prior to the start of the COP. 

 

States adopt ground-breaking Resolution on crimes that affect the environment

Adoption of the Resolution on CAE at the COP plenary.

A groundbreaking Resolution was adopted by consensus at the COP, titled “Enhancing measures to prevent and combat crimes that affect the environment falling within the scope of the UNTOC”. The Resolution had been tabled by Brazil, France and Peru.

Prior to the start of the COP, EWC publicly shared its comments on the draft Resolution, including suggestions on alternative wording. The draft Resolution was amended through the course of the COP, and the revised final version reflects many of EWC’s suggestions, including to insert reference to:

• The historic Resolution 31/1 of the Commission on Crime Prevention and Criminal Justice (CCPCJ), titled “Strengthening the international legal framework for international cooperation to prevent and combat illicit trafficking in wildlife”.
• United Nations General Assembly Resolution 77/325, titled “Tackling illicit trafficking in wildlife”. 
• CCPCJ Resolutions 16/1, titled “International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources”; 23/1, titled “Strengthening a targeted crime prevention and criminal justice response to combat illicit trafficking in forest products, including timber”; and 28/3, titled “Strengthening regional and international cooperation in crime prevention and criminal justice response to illicit trafficking in wildlife”.

Critically, the Resolution requests the UNODC to convene an open-ended intergovernmental expert group on CAE, with a mandate to review the implementation of the UNTOC in addressing CAE; identify any gaps that may exist in the international legal framework and that could be addressed under the UNTOC to prevent and combat CAE; and consider possible responses to those gaps, including the possibility, feasibility and merits of any additional protocol to the UNTOC. This marks the first time that an UNTOC COP Resolution requests States to consider an additional protocol on crimes that affect the environment.

The Resolution also highlights the importance of the UNTOC in addressing crimes that affect the environment, and urges State Parties to the Convention to adopt effective measures to prevent and combat CAE by strengthening legislation, international cooperation, criminal justice responses and law enforcement efforts. Further, it calls on States to provide protection for witnesses and victims of CAE, as well as recover and return the proceeds of CAE, and address the damage caused to the environment by CAE.

 

EWC delivers statements at the Plenary

EWC Policy Advisor Ana Motamayor delivers statements for the EWC, through ADM Capital Foundation.

On Tuesday, 15 October 2024, EWC delivered a statement at the plenary of the COP during the general debate. In the statement, EWC encouraged States to adopt the draft Resolution on CAE, and gave recommendations on language that was currently missing from it, including reference to the extraordinary efforts made by Presidents, Ministers and Diplomats over the past decade to advance efforts to tackle wildlife trafficking, including through the adoption of six United Nations General Assembly resolutions and to recognize the role of rangers with law enforcement, as was done in these United Nations General Assembly resolutions since 2019. Many of these suggestions were reflected in the final text of the Resolution.

On Thursday, 17 October 2024, EWC delivered two additional statements to the COP plenary. 

In the first statement, EWC welcomed the draft Resolution on CAE and encouraged States to adopt it. EWC also provided suggestions on how to strengthen its text, including to reference UNGA Resolution 77/325, which recognizes the crucial role of rangers and guards in the fight against wildlife trafficking and in achieving the Global Biodiversity Framework. 

In the second statement, EWC highlighted that an additional protocol to the UNTOC would facilitate and enhance international cooperation to prevent and combat wildlife trafficking, and thus address gaps in the current international legal framework, including by triggering the UNTOC’s general tools for cross border cooperation, without the need to make offenses punishable by four years imprisonment or more.

Dr. Mark Jones, Head of Policy at the Born Free Foundation, a founding member of EWC, also gave two plenary statements. During the general debate, Dr. Jones encouraged delegates to support the adoption of the draft Resolution on CAE, and added that “As a Steering Group member of the Global Initiative to End Wildlife Crime, we have been highlighting the need for a global agreement on tackling wildlife crime at successive meetings of the UN Commission on Crime Prevention and Criminal Justice since 2020, with a preference for the development of a specific protocol to this Convention.”  

 

EWC Supports Brazil in the organization of an expert discussion on the impacts of wildlife crime and enhancing international cooperation

From left to right: Dr. Juliana Ferreira, Susan Lylis, Vanessa Negrini, H.E. Nelson Antonio Tabajara de Oliveira, John E Scanlon AO, Ambassador Liliam Ballón, Irene Manso.

On Thursday, 17 October 2024, EWC supported the government of Brazil in the organization of a side-event titled “Wildlife Crime’s Devastating Impacts: How Enhanced International Cooperation can Help Prevent and Combat these Serious Crimes”.

With expert interventions from governments and practitioners, this side-event explored the impacts of wildlife crime on local and global biodiversity, as well as the role of international cooperation and the potential benefits of an additional protocol to the UNTOC to effectively address them.

The side-event was also supported by the governments of Angola, Costa Rica and Peru, as well as 15 EWC International Champion organizations: ADM Capital Foundation, Association of Zoos and Aquariums, Born Free Foundation, Conservation International, Elephant Protection Initiative Foundation, ifaw, the ICCF Group, IUCN World Commission on Environmental Law, International Council of Environmental Law, Freeland Foundation, Jane Goodall Institute Global, Legal Atlas, Liberia Chimpanzee Rescue & Protection, Wildlife Conservation Society and Wildlife Justice Commission.

The expert discussion started with opening remarks from John E Scanlon AO, Chair of EWC, who summarized the key steps taken by States over the past four years to advance the conversation on a possible additional protocol to the UNTOC covering wildlife trafficking, up to the draft Resolution on CAE tabled by Brazil, France and Peru during this UNTOC COP. Mr. Scanlon encouraged States to adopt the Resolution, and shared suggestions on possible amendments to the text of the draft on behalf of EWC.

Panel session. From left to right: Dr. Juliana Ferreira, Susan Lylis, Vanessa Negrini, H.E. Nelson Antonio Tabajara de Oliveira, John E Scanlon AO, Ambassador Liliam Ballón, Irene Manso.

The panel discussion began with an intervention from Vanessa Negrini, Director of the National Department of Animal Rights and Protection at the Ministry of Environment and Climate Change of Brazil. Ms. Negrini described how more in Brazil, than 1,200 species of fauna and over 3,000 species of plants are threatened with extinction. She added “As one of the most biodiverse nations in the world, Brazil is at the forefront of this battle. However, the criminal networks exploiting our fauna and forests operate internationally, and our response must be equally global.” Ms. Negrini concluded that strengthening international cooperation is essential, and that Brazil supports the creation of an additional protocol to the UNTOC on CAE.

Ambassador Liliam Ballón, Representative of the Minister of Foreign Affairs of Peru in the High-Level Group of the Andean Community Resolutive Action Plan (RAP) to combat transnational organized crime, introduced the audience to the South America Wildlife Enforcement Network (SudWEN). Peru assumed Chairmanship in November 2023, and has initiated work for the SudWEN to operate effectively at the regional level, in order to strengthen cooperation and dialogue among its 10 current member States, with the aim of combating wildlife trafficking in the region. The first annual meeting of the SudWEN was held on 2 and 4 October 2024, which adopted its 2024-2025 Action Plan, and committed the support of the UNODC to begin its implementation. 

The panel discussion continued with Irene Manso, Second Secretary of the Permanent Mission of Angola in Vienna, who highlighted that despite the high impact of wildlife trafficking on species, nature and public health, the international response remains inadequate, and wildlife trafficking is not addressed in any international legal instrument. She added that there is a need for a specific legal instrument with obligations to combat these crimes, in the form of an additional protocol to the UNTOC. Ms. Manso described some of the domestic legislative measures that Angola has adopted to respond to the wildlife trafficking, and concluded that Angola has been at the forefront of combating wildlife trafficking and remains committed to addressing it at the national and international levels.

Susan Lylis, Executive Vice President of the ICCF Group, provided an overview of the presidential statements of Costa Rica, Gabon, Angola and Malawi in support of an additional protocol to the UNTOC on wildlife trafficking, the adoption of CCPCJ Resolution 31/1, as well as the responses submitted by States pursuant to this resolution, of which ADM Capital Foundation conducted an analysis. Ms. Lylis presented the main findings from this analysis, including the gaps in the international legal framework identified by responding States, and which can be addressed through an additional protocol to the UNTOC. She concluded that this COP provided an opportunity to continue building on the concerted efforts to further advance consideration by States of this issue.

Dr. Juliana Ferreira, Executive Director of Freeland Brasil, made an intervention on the plight of non-CITES listed species, and why CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is not fit for preventing and combating wildlife trafficking. Dr. Ferreira gave an account of visiting a reptile fair in Europe, where several species endemic to Brazil were being traded widely, but legally, due to them not being listed under CITES. This occurs despite Brazil’s sovereign decision to protect all of its biodiversity, noting that  less than 1% of Brazil’s more than 120,000 animal species are subject to international regulatory control under CITES. 

The panel discussion was followed by a Q&A session, which saw the participation of both State and civil society representatives. Verónica García Gutiérrez of the Permanent Mission of Costa Rica in Vienna gave a brief statement. Ms. García Gutiérrez emphasized that reducing wildlife trafficking needs strong coherence and harmonization, and that this requires strong international cooperation and global enforcement methods, which is why Costa Rica has called for the adoption of an additional protocol or protocols to address wildlife crime. 

Finally, H.E. Nelson Antonio Tabajara de Oliveira, Ambassador of Brazil to Austria delivered the closing remarks. Ambassador Tabajara de Oliveira highlighted the devastating consequences of wildlife crime for ecosystems, sustainable development, human health, and climate change. He stated that “Brazil strongly supports the call for an additional protocol or protocols to the UNTOC.” The Ambassador concluded that “it is incumbent upon us to ensure that the commitments made here are translated into tangible actions. We must continue to advocate for stronger legal frameworks, deeper international partnerships, and greater investment in both enforcement and prevention. The stakes are too high to allow inertia to set in.”

Closing remarks by H.E. Nelson Antonio Tabajara de Oliveira. From left to right: Dr. Juliana Ferreira, Susan Lylis, Vanessa Negrini, H.E. Nelson Antonio Tabajara de Oliveira, Ambassador Liliam Ballón, Irene Manso, John E Scanlon AO.

A full recording of the event is available on the ADM Capital Foundation YouTube channel. 

 

EarthRanger announced as first EWC Impact Technology Champion

On Thursday, 17 October 2024, the Wildlife Justice Commission, an EWC Founding International Champion, hosted the side-event “Joint Action: Harnessing partnerships to combat crimes that affect the environment”.

 

From left to right: Ambassador Laura S.H. Holgate, John E Scanlon AO, Lisa Hartevelt, Kristina Amerhauser, Carlos Sánchez del Águila, Juliette Bigot.

EWC Chair John E Scanlon AO was one of the expert panelists at the session, and introduced the origins and ongoing work of EWC and highlighted its newly launched Impact Technology Champions initiative, which aims to foster deeper collaboration between the conservation community and the technology sector. The network will bring together technologists, independent software vendors (ISVs), independent hardware vendors (IHVs), and system integrators (SIs), to scale innovative solutions to help address the increasing complexity of wildlife trafficking and other environmental crimes.

EWC Impact Technology Champion co-chair, Sarah M. W. Maston.

Sarah M. W. Maston, co-chair of the Impact Technology Champions initiative and Founder of Project 15 from Microsoft, also participated in the side-event via a pre-recorded video. In her video, Sarah outlined the intent of the new Initiative and announced EarthRanger as the first Impact Technology Champion. EarthRanger is a leading software platform designed to support protected area management. By aggregating multi-source data streams, EarthRanger enables conservation teams to track illegal activities such as poaching in real-time.

 

EWC Chair meets with UNODC Executive Director

John E Scanlon AO and Ghada Fathi Waly, Executive Director of UNODC.

During his time in Vienna, the Chair of EWC, John E Scanlon AO, was honored to meet with Ghada Fathi Waly, Executive Director of the United Nations Office on Drugs and Crime (UNODC) and Director-General of the United Nations Office at Vienna (UNOV). Mr. Scanlon congratulated Ms. Waly on the success of the UNTOC COP and on the UNODC’s efforts to tackle crimes that affect the environment. Ms. Waly congratulated Mr. Scanlon on his recent appointment as Executive President of the International Council of Environmental Law, and discussed opportunities to collaborate in 2025 and beyond. 

 

Next steps

UNTOC COP12 was successful from EWC’s perspective. CAE, including wildlife trafficking, received considerable attention and the groundbreaking Resolution on CAE was adopted, through which UNTOC Parties have agreed to launch a new inter-governmental process.

EWC will actively engage in all of the processes that flow from the Resolution on CAE and will continue to offer its support to States, including in advancing consideration and an additional protocol, or protocols, to the UNTOC. 

 

EWC core team at UNTOC COP12, from left to right: Dr. Mark Jones, Head of Policy at the Born Free Foundation; Susan Lylis, Executive Vice-President of the ICCF Group; Dr. Juliana Ferreira, Executive Director of Freeland Brasil; Ana Motamayor, Policy Advisor at EWC; John E Scanlon AO, Chair of EWC.

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