The South Africa – Viet Nam Rhino Horn Trade Nexus (PDF ... - WWF

situation at the source: south africa
• The implementation of a secure, national, electronic permit system for all activities related to threatened
and protected species, specifically rhinos: The Department of Environmental Affairs has repeatedly
promised the long-awaited development of a national, integrated, electronic permitting system to
authorize and monitor restricted activities related to threatened and protected species, including the
regulation of rhino. Delays, abuse and miscommunications within the current permitting structure
have provided loopholes and opportunities for illegal or unintended activities to proliferate. A national
permit database, linked to the rhino horn stockpile database (Milledge, 2004) and the RhoDIS system
(Harper, 2011), would provide much greater transparency for monitoring rhino numbers and trends,
horn stockpiles information and all restricted activities relating to rhinos. Streamlining the process
through which permissions are granted would hopefully enhance buy-in from private rhino owners
and ease identification of those abusing the system. Furthermore, the TOPS permitting process needs
to be reviewed with a view to finding a more streamlined process that incentivizes private landowners
to participate. Over-regulation will not necessarily provide the desired outcome of a co-operative private
sector. The majority of private rhino owners who are fully compliant ought to be rewarded with
more efficient and simplified approval processes.
Concerning policy and legislation
• The mandatory registration, marking and DNA sampling of all legally-owned or -held rhino horn stocks:
The amended Norms and Standards relating to the trophy hunting of White Rhinos and the marking
of horns legally mandates any owners or custodians of rhino horn to thoroughly mark, micro-chip,
register and take DNA samples from any horns in their possession. It is of paramount importance that
all rhino stakeholders in South Africa engage in this process to ease the differentiation of the legal and
illegal horns and their origin and movements. Specifically, greater transparency and buy-in is required
from the private sector and all private stakeholders are urged to take responsibility for their horn stocks
and participate in this process.
• The importance of developing and implementing bilateral treaties to promote collaborative law enforcement
action: Greater collaboration between the supply and demand sides of the illegal trade chain
is essential for combating rhino crime. Government officials from South Africa and Viet Nam have
undertaken two bi-lateral exchanges over the past couple of years, but the proposed Memorandum of
Understanding for law enforcement co-operation between the two countries remains unsigned. This
needs to be addressed as a matter of urgency as Viet Nam is more heavily implicated in the South African
rhino crisis than any other single country in the world. Additionally, it is becoming increasingly
clear that Mozambique appears to form a significant and growing link in the rhino horn trade chain.
Strengthening protocols and mechanisms between South Africa and Mozambique for collaborative
and co-ordinated responses to the rhino poaching and rhino horn trade threat is also an urgent priority.
Specifically, an extradition treaty under which those suspected of rhino poaching or rhino horn
trafficking from Mozambique can be extradited to South Africa urgently needs to be developed and
implemented. Finally, on another level, there needs to be greater international co-operation to ensure
that confiscated rhino horn, particu larly from consumer countries, is sampled and sent to South Africa’s
RhoDIS database for DNA analysis in order to facilitate investigations and possible prosecutions.
• The necessity of ensuring that appropriate penalties that serve as a deterrent are given to those convicted
of rhino crimes: The potential of high black-market prices for rhino horn, and the subsequent highincome
generation possible from illegal trading, mandates the necessity of imprisonment and asset
forfeiture in place of fines if suitable penalties for deterring rhino crime are to be effected. Recently,
severe prison sentences and large-scale asset forfeiture have been imposed on those believed to have
profited from illegal trade in rhino horn. Praise must be given where it’s due to those in the NPA, SAPS,
SARS and other government departments who have made great strides in this key area and enacted
suitable deterrents. There have also been recent positive developments in the denial of bail to those
charged with serious rhino crime, especially foreign nationals apprehended in South Africa, and such
action should be considered as a precedent for such offences in the future. Greater consistency in this
kind of approach should be mandated by those in the judiciary in all provinces to ensure a committed
and standardized hard-line response. Given the exceptional prices paid for horn by the end-user, it is
critical that any punishment meted out is commensurate with the crime itself so that those profiteering
from illegal trade in rhino horn are hit where it hurts. Other rhino range States, such as Kenya and
Zimbabwe, also need to consider this approach in addressing the current rhino crisis.
White Rhino being protected by game ranger.
• The importance of denying those charged with outstanding rhino crime cases continued legal access to
permits for restricted activities with TOPS species, especially where rhinos are concerned: Several prominent
members of the game ranching industry currently awaiting trial for rhino crimes are out on bail and
continue to obtain permits for restricted activities related to rhinos and other threatened or protected
species, including the purchase of rhinos at government game auctions and the pursuit of White Rhino
“pseudo-hunting” operations with Asian clients. These individuals are allowed to buy, sell, hunt and
dehorn rhinos, despite strong evidence indicating that they have been highly involved in illegal activities
associated with these very actions. Whilst there are no doubt constitutional issues that need to be
carefully considered, the South African government should investigate legal options available to national
and provincial authorities in terms of implementing a ban on the provision of TOPS permits to anyone
charged with wildlife crimes, especially where rhino crime is concerned. Notwithstanding the notion
of “innocent until proved guilty”, there are already a number of legal precedents in South Africa which
buttress this consideration. For example, individuals facing criminal charges for armed robbery offences
can be denied permits for the purchase of a gun; drivers with unresolved proceedings for allegedly driving
under the influence of alcohol can have the renewal of their driver’s licences blocked; and teachers
charged with sex offences involving a minor can be denied teaching opportunities until a final verdict is
rendered (R. Coetzee, pers. comm., 2012).
Concerning law enforcement and regulation
TIM jACkSON/AFRICA GEOGRAPHIC
• The imperative of improving scene of crime investigative capacity and intelligence gathering and analysis:
Despite the positive increase seen in arrests thus far in 2012, there is still much room for improvement
to be made in this realm, particularly with regard to investigating the middlemen and kingpins operating
at higher levels of the trade chain. For example, whilst a number of Asian nationals have been
arrested and documents, cell phones and computers seized, if information is in Chinese or Vietnamese
languages, it typically is never analysed to become a proactive part of the investigation. It is believed
that much valuable and relevant information is lost through the lack of capacity to work in foreign
languages. The NWCRU should promote and co-ordinate a more holistic and centralized approach
to intelligence gathering and standardized investigative procedures. Laudably, the DPCI is currently
engaged in better analysis of all open dockets to amass information that might be related to rhino
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