www CITES org 1 CITES Workshop on Multilateral

www. CITES. org 1 CITES Workshop on Multilateral Environmental Agreements Tirana, Albania, 22 -24 June 2010 © Copyright CITES Secretariat 2007 Convention on International Trade in Endangered Species of Wild Fauna and Flora

2 Introduction In the decades since CITES came into force, the human population has more than doubled and the gross global product has increased more than tenfold, putting far more pressure on natural resources

3 Introduction • What has changed in the world in 35 years? – acceptance of the environment as an essential element of sustainable development – environmental economics – ecosystem approaches – importance of biodiversity to human livelihoods – the growing power of the developing world and their ability to raise their biodiversity concerns

4 Introduction • Growth in international law (largely as a result of the Stockholm Conference in 1972) – 1971 Ramsar Convention on Wetlands – 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage – 1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals – 1980 Canberra Convention on the Conservation of Antarctic Marine Living Resources – 1982 Convention on the Law of the Sea – The post-1992 ‘Rio Conventions’ (Convention on Biological Diversity, Framework Convention on Climate Change, Convention to Combat Desertification)

5 Introduction • What CITES has introduced in 35 years – recognition that peoples and States are and should be the best protectors of their own wild fauna and flora – recognition that a modern Government needs to have a scientific basis for determining the status of its own species, and addressing the implications of trade in them – establishment of national authorities to implement treaties – active participation of civil society in conservation decision-making processes, and a rallying point for non -governmental conservation organizations

6 Overview • What is CITES? • How CITES works • The benefits of CITES • Partnerships

7 What is CITES?

8 What is CITES? • CITES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora • It is also known as the Washington Convention, as it was concluded in Washington D. C. CITES has been in operation for 35 years

9 What is CITES? …is relevant to an ever-increasing number of Parties 175 Most recent new Parties: Montenegro (2007) Solomon Islands (2007) Kyrgyzstan (2007) Oman (2008) Armenia (2009) Bosnia and Herzegovina (2009)

10 What is CITES? • CITES is an international convention that combines wildlife and trade themes with a legally binding instrument for achieving conservation and sustainable use objectives

11 Examples of trade • Primates • Hunting trophies • Birds of prey • Parrots & parakeets • Crocodilians • Snakes & lizards • Turtles & tortoises • Live aquarium specimens • Food fishes • Spiders & butterflies • Molluscs & corals

12 Examples of trade • Orchids • Cacti & succulents • Bulbs (Snowdrops, Cyclamens) • Medicinal plants • Ornamental trees • Timber species

13 Mapping CITES trade Major exporting areas South America Central America Africa Asia Major importing & exporting areas Asia Southern Africa Middle East Oceania Eastern Europe Major importing areas North America Europe East Asia

14 Popular perceptions of CITES Perception of the public… of Government… and traders…

15 Misconceptions about CITES • CITES deals with all aspects of wildlife conservation – CITES deals only with international trade in certain species included in its Appendices • CITES aims to ban all wildlife trade – CITES aims to regulate international trade (for some species trade is highly restricted)

16 Misconceptions about CITES • CITES regulates domestic trade – CITES can only address international trade • The CITES Appendices are a listing of the world’s endangered species – The Appendices only list those species that are or may be affected by international trade

17 Misconceptions about CITES • CITES imposes trade restrictions on developing countries – Both producer and consumer countries have responsibility for conserving and managing resources – CITES creates the means for international cooperation and decision-making

18 How CITES works

19 How CITES works • The Convention establishes an international legal framework with common procedural mechanisms for the prevention of international commercial trade in endangered species, and for an effective regulation of international trade in others • CITES regulates international trade on the basis of a system of permits and certificates

20 Global coverage • This framework and common procedural mechanism is now used by 175 countries (the Conference of the Parties) to regulate and monitor international trade in wild resources Non-Parties

21 The Appendices • Species subject to CITES regulation are divided amongst three Appendices I II III

22 The Appendices Appendix I – Species threatened with extinction – International (commercial) trade is generally prohibited – Almost 530 animal species and some 300 plant species 3% of global CITES trade

23 The Appendices Appendix II 92% – Species not threatened with extinction, but trade must be controlled to avoid their becoming threatened – Species that resemble species already included in Appendix I or II – International trade is permitted but regulated – More than 4, 400 animal species and more than 28, 000 plant species

24 The Appendices Appendix III 5% – Species for which a country is asking Parties to help with its protection – International trade is permitted but regulated (less restrictive than Appendix II) – Some 160 animal species and 10 plant species

25 The Appendices • The Conference of the Parties is the only body that can decide on the contents of Appendices I and II • Any proposal to amend these two Appendices requires a twothirds majority of voting Parties for it to be adopted • Only Parties may propose amendments to the Appendices

26 Authorities • The Management Authority is responsible for the administrative aspects of implementation (legislation, permits, annual and biennial reports on trade, communication with other CITES agencies)

27 Authorities • The Scientific Authority is responsible for advising the Management Authority on non-detriment findings and other scientific aspects of implementation, and monitoring of national trade

28 Permits and certificates • CITES regulates the export, re-export and import of live and dead animals and plants and their parts and derivatives (for listed species only) through a system of permits and certificates • These permits or certificates may only be issued if certain conditions are met and which must be presented when leaving or entering a country • For Appendix I and II-listed species, the most important condition is that international trade in these species must not be detrimental to their survival in the wild

29 Permits and certificates • There are special provisions for: – Personal and household effects – Pre-Convention specimens – Captive-bred or artificially propagated specimens – Scientific exchange – Travelling exhibitions

30 Permits and certificates • CITES documents are standardized for: • Format • Language & terminology • Information • Duration of validity • Issuance procedures • Clearance procedures

31 Permits and certificates • There are four types of CITES documents: – Export permits – Import permits – Re-export certificates – Other certificates

32 Permits and certificates Export permits • Export permits can only be issued by the Management Authority, provided the Scientific Authority has advised that the proposed export will not be detrimental to the survival of the species • The Management Authority must be satisfied that the specimen was legally obtained • The Management Authority must be satisfied that living specimens will be prepared and shipped in a manner that will minimize the risk of injury, damage to health or cruel treatment

33 Permits and certificates Import permits • Applies only to specimens of Appendix-I species • Import permits can only be issued by the Management Authority when the Scientific Authority has advised that the proposed import will be for purposes that are not detrimental to the survival of the species • Note: by taking stricter domestic measures, a number of Parties (e. g. the member States of the European Union) also require import documents for specimens of Appendix II species

34 Permits and certificates Re-export certificates • Re-export certificates may only be issued by the Management Authority, and only when that authority is satisfied that the specimens have been imported in accordance with the provisions of the Convention

35 Permits and certificates Other certificates • These are used for particular cases such as: – Captive-bred or artificially propagated specimens – Pre-Convention specimens – Traveling exhibitions – Introduction from the Sea – Appendix III certificate of origin – Labels for scientific exchange

36 Structure Conference of the Parties Standing Committee Secretariat UNEP Animals Committee Plants Committee Other NGOs UNEP-WCMC IUCN

37 Structure Conference of the Parties Recommendations Scientific Authority Guidance Management Authority Officers in charge of implementing CITES Permanent Committees Secretariat WCO, Interpol UNEP-WCMC IUCN

38 Resolutions and Decisions • The Conference of the Parties adopts Resolutions to guide the interpretation and implementation of the Convention, and Decisions to provide specific shortterm time-bound instructions 82 Resolutions and 158 Decisions are in effect

39 National legislation • The Convention and its Appendices are legally binding, but national legislation is required to apply its provisions

40 National legislation • National legislation to implement CITES must, at the very least: – designate a Management Authority and a Scientific Authority – prohibit trade in specimens in violation of the Convention – penalize such trade – allow for confiscation of specimens illegally traded or possessed

41 How CITES works Similar requirements Similar rules and regulations Similar authorities Similar procedures COMMON PROCEDURAL MECHANISMS Similar documents

42 The benefits of CITES

43 The benefits of CITES • Effective and consistent international regulation of trade in wildlife for conservation and sustainable use • International cooperation on trade and conservation, legislation and enforcement, resource management, conservation science • Participation as a global player in managing and conserving wildlife at the international level

44 The benefits of CITES • Regulated trade (effective and consistent) • Science-based decisions • Cooperation at multiple levels • Conservation results • Sustainable use of wildlife • Towards a ’green’ certification?

45 Partnerships

46 Partnerships with Conventions • CITES collaborates directly with a number of Conventions, such as: – – – Convention on Biological Diversity Basel Convention Ramsar Convention on Migratory Species International Convention on the Regulation of Whaling • This collaboration can involve Resolutions and Decisions of the Conference of the Parties, joint work activities, etc. • Collaboration can be across common areas of work, such as Customs training, enforcement, streamlining annual reporting, harmonization of legislation etc.

47 Partnerships with Organizations World Customs Organization Interpol IUCN, IUCN -SSC UNEP-World Conservation Monitoring Centre

48 Internal partnerships • Inter-agency cooperation and partnerships at the national level are also important – CITES Authorities – Customs – Police – Judiciary – Resource sectors

49 Summary

50 Summary • CITES is an international agreement between governments that ensures that no species of wild fauna or flora is unsustainably exploited for international trade • The Convention establishes the international legal framework and common procedural mechanisms for the prevention of international trade in endangered species, and for an effective regulation of international trade in others

51 Summary • CITES regulates international trade in specimens of species of wild fauna and flora listed in its Appendices on the basis of a system of permits and certificates which are issued only when certain conditions are met, and which must be presented when leaving AND entering a country • For Appendix-I listed species, international trade is generally prohibited • For Appendix-II and –III listed species, international trade is permitted but regulated

52 Summary • The Conference of the Parties adopts Resolutions and Decisions to guide interpretation of the Convention and to direct its activities and those of the permanent committees and the Secretariat • National legislation is required to implement the Convention • CITES is a powerful tool for achieving consistent international regulation of trade in wildlife for conservation and sustainable use

53 CITES Secretariat Geneva

54 CITES as a mechanism for cooperation

55 CITES as a mechanism for cooperation • All Parties have a shared responsibility for conserving and managing wild fauna and flora resources – International cooperation in CITES occurs on matters of trade and conservation, legislation and enforcement, resource management, and conservation science – Inter-agency cooperation and partnerships at the national level are also important – Cooperation also exists between MEAs across common areas of work, such as training, enforcement, streamlining of annual reporting, harmonization of legislation etc.

56 CITES as a mechanism for cooperation • The result of procedures for trade in Appendix-I specimens should be recognized as a form of ‘prior informed consent’ • Both the importing and exporting countries have different decisions to make, and these decisions are accepted by the other Party

57 CITES as a mechanism for conservation

58 CITES as a mechanism for conservation • Recognition of conservation in the Preamble – Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come; – Convinced of the urgency of taking appropriate measures to this end; • Recognition of conservation in Article IV – “to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs”

59 CITES as a mechanism for conservation • CITES encompasses various elements of conservation: – Natural science, biology, field research – Population studies – Ecology – Taxonomy – Conservation science & management – Artificial propagation, captive breeding

60 CITES as a mechanism for conservation • Conservation efforts are supported by: – Non-detriment findings – Quotas – Species listings – Research for/by the Animals & Plants Committees – The Review of Significant Trade – The Range-State Dialogues – Resolutions & Decisions

61 CITES as a mechanism for compliance

62 Compliance mechanism • After much deliberation in a inter-sessional working group, the Parties adopted Resolution Conf. 14. 3, CITES compliance procedures at Co. P 14, incorporating a “Guide to CITES compliance procedures”

63 Compliance mechanism • The CITES compliance scheme has its basis in and is applied in a manner consistent with: – the text of the Convention – applicable rules and principles of international law – relevant Resolutions and Decisions of the Conference of the Parties – the decisions and recommendations of CITES subsidiary bodies – historical practice

64 Compliance mechanism • The text of CITES goes further than the general enabling provisions found in newer conventions and expressly contains, in Article XIII on International measures, cooperative procedures and institutional mechanisms for dealing with possible noncompliance

65 Compliance mechanism • As the supreme policy-making body of the Convention, the Conference of the Parties directs and oversees the handling of compliance matters, particularly through the identification of key obligations and procedures • The Conference often instructs or delegates its authority to the Standing Committee to consider ‘appropriate measures’, which may include restrictions on the trade in specimens of CITES-listed species

66 Compliance mechanism • The Animals and Plants Committees are authorized to formulate recommendations for remedial measures for those species for which trade is believed to be having a detrimental effect

67 Compliance mechanism • The Secretariat’s reports to the Conference of the Parties and CITES subsidiary bodies provide much of the basis on which the Parties evaluate compliance with the Convention • Article XII requires the Secretariat "to study the reports of Parties and to request from them any further information necessary to ensure implementation of the Convention“, "to invite the attention of the Parties to any matter pertaining to the aims of the present Convention’ and "to make recommendations for the implementation of the aims and provisions of the Convention. . . "

68 General principles • The CITES compliance procedures focus on the obligations to – Designate a Management Authority and a Scientific Authority (Article IX) – Ensure that trade only takes place according to the Convention (Articles III-VII and XV) – Take appropriate measures to enforce the Convention and prohibit trade in specimens in violation thereof (Article VIII) – Maintain records of trade and prepare periodic reports on implementation of the Convention (Article VIII) – Respond to communications of the Secretariat (related to information that a species in Appendix I or II is being adversely affected by trade or that the provisions of the Convention are not being effectively implemented) (Article XIII)

69 General principles • A supportive and nonadversarial approach is taken towards compliance matters, with the aim of ensuring longterm compliance • Compliance matters are handled as quickly as possible; measures are applied in a fair, consistent, transparent manner • Findings, reports and communications in compliance matters are not treated confidentially • Communications between the Secretariat and Parties on specific compliance matters are generally confidential • Decisions on whether to close or keep open debates in are taken according to the Rules of Procedure of the body considering the matter • The Secretariat communicates compliance-related decisions to the relevant authorities

70 Summary of the compliance procedures 1. Identification of potential compliance matters 2. Consideration of compliance matters 3. Measures to achieve compliance 4. Monitoring and implementation of measures to achieve compliance 5. Reporting and reviews

71 Summary of the compliance procedures • The Guide to CITES compliance procedures informs Parties and others about CITES procedures concerning promoting, facilitating and achieving compliance with obligations under the Convention and, in particular, assisting Parties in meeting their obligations regarding such compliance

72 CITES as a mechanism for capacity building

73 Capacity building • The purpose of CITES is to ensure that no species of wild fauna or flora becomes or remains subject to unsustainable exploitation because of international trade • The effectiveness of CITES depends on implementation that guarantees the achievement by all Parties of the Convention’s purpose • The purpose of capacity building within CITES is to improve the working of the Convention so that international trade in wild fauna and flora is increasingly and consistently conducted at sustainable levels within an effective regulatory framework

74 Capacity building • Parties recognize that non-detrimental trade in wild fauna and flora can make a major contribution to sustainable development and biodiversity conservation • For this to occur, proper trade mechanisms must be in place • This also depends upon the availability of reliable scientific data generated by effective monitoring systems to counter over-exploitation • CITES also requires strong national capacity backed by cooperation at national, regional and global levels

75 Capacity building • Capacity can be defined as the ability of individuals and organizations to perform their functions effectively, efficiently and sustainably • Capacity building in CITES relates to supporting and improving national and international efforts to implement the Convention

76 Strategy • Overall strategy for capacity building is provided by the CITES Strategic Vision: 2008 -2013 (Resolution Conf. 14. 2) • A detailed summary of current capacity building activities (and their underlying approaches) is found in Document Co. P 15 Doc. 16. 1

77 Capacity building priorities • The first priority is improving capacity to manage and regulate the legal trade in CITES specimens – Making sure there is a sound legislative basis – Permits and certificates (from applications to issuance) – Non-detriment findings (advice and monitoring) – Processing at the border (verification and identification) – General compliance with CITES provisions – Promoting inter-agency cooperation

78 Capacity building priorities • The second priority is improving capacity to address the illegal trade in CITES specimens – Making sure there is a sound legislative basis that clarifies obligations and Government powers, establishes offences and penalties, and is enforceable – Promoting awareness of the problem and building the ability to detect illegal trade – Promoting collaboration and cooperation, and encouraging action (Confiscation, investigation, prosecution, disposal) – Promoting inter-agency cooperation

79 Capacity building priorities • However, focusing on illegal trade reinforces the popular image that CITES exists only to stop trade, or that it is successful only when species are prevented from trade by their inclusion in Appendix I • A third focus is therefore to provide accurate information to wider audiences than just CITES authorities and law enforcement

80 Capacity building • The capacity building activities of the Secretariat are broad in reach and scope: – Assistance on interpretation of the Convention – Technical assistance to Parties – Training tools – Publications – Website

81 Assistance on interpretation of the Convention • Assistance on interpretation of CITES is an important part of the Secretariat’s work – Publication of The Evolution of CITES – Preparation of documents for the Co. P – Preparation of documents for the Standing Committee and technical committees – Interpretation of legal matters relating to the Convention and its application – Advice to CITES authorities (e. g. direct requests, during staff missions etc. )

82 Technical assistance to Parties • Technical assistance is provided to Parties on matters relating to: – Legislation • Model Law, Legislation checklist • Advice to the Judiciary • Science • Guidance on quota-setting, Non-detriment Findings – Capacity building – Implementation of CITES

83 Training • The Secretariat is actively involved in providing training on CITES – National training workshops – Regional training workshops – Training for Scientific Authorities – Training for law enforcement and Customs – Training for legislation development – Training trainers

84 Training • This training is provided through trainer-led workshops, interactive CD-ROMs, and in the very near future, through web-based tutor-driven e-learning

85 Training tools • The Secretariat has prepared and distributed a number of training tools: – Basic training presentations – Specialized training presentations – Interactive Customs training CD-ROM – Interactive law enforcement training CD-ROM – Interactive workshop courses on CD-ROM – Thematic newsletter articles, posters, brochures

86 Upcoming courses • Advanced course for Management Authorities – application of derogations – disposal of confiscated specimens • Advanced course for Scientific Authorities – non-detriment findings – quota setting

87 Publications • The Secretariat produces a number of publications and tools aimed at assisting Parties with CITES implementation: – The Evolution of CITES – CITES Handbook – Checklist of Species – Identification Manual Wiki, ID sheet compilations – CITES World – CD-ROM copies of the website vide e pro r se a rties f the e Pa All o to th d

88 Publications • The Secretariat also co-produces publications aimed at assisting Parties with species identification

89 The CITES Website • The CITES website is the main source of information on CITES – Information on CITES – National contacts – CITES resources, databases – All official documents – Publications for download – News and events – Photo gallery

90 A CITES Virtual College

91 A CITES Virtual College • The development of a virtual CITES college will allow a better integration of existing courses with other support material under development • It would facilitate standardization, consistency and quality of course materials across different programmes • It would offer participants a coherent programme of learning, and allow participants to pick and choose courses according to their needs and responsibilities

92 A CITES Virtual College • New technologies offer opportunities to use different instruction strategies based on: – Learner control of navigation – Contextualized examples and problems – Critical thinking exercises • New technologies also offer new communication tools and electronic forums, which can mimic the social interaction that occurs in face-to-face teaching and student socialization and acculturation

93 A CITES Virtual College • Existing courses and those under development provide for the start to a virtual CITES college • A resource centre (e-library) will be developed

94 Summary • Capacity building in CITES relates to supporting and improving national and international efforts to implement the Convention • Overall strategy for capacity building is provided by the Strategic Vision • The capacity building activities of the Secretariat focus on assistance on interpretation of the Convention, technical assistance, training tools, publications and the Website – The first priority is improving capacity to manage and regulate the legal trade in CITES specimens – The second priority is improving capacity to address the illegal trade in CITES specimens – A third focus is to provide accurate information on CITES to wide audiences

95 CITES Secretariat Geneva