Environmental Crime

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y Environmental crime and national security

Dr Ezra Clark

2nd March 2011Antigua & Barbuda

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Outline

Definitions The scale of environmental crime Increasing concern for national security UNEP’s role –some examples Cooperation Next steps and challenges ahead

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There is no internationally agreed definition for Environmental crime – but it is globally recognised that this poses a threat to ecosystems, health and national security

“An act committed with intent to harm or with a potential to cause harm to ecological and/or biological systems

“Any act that violates an environmental protection statute [law]” (Mary Clifford, Environmental Crime 1998)

“Illegal acts which directly harm the environment” “Environmental offence” should be used for Customs, since not

all environmental issues faced with Customs are criminal. Other terms e.g. ‘harmful trade’ , ‘‘illegal, unregulated and

unreported’

Definitions

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Difficult to accurately assess.

Estimate - US$ 20-30 billion dollars annually from hazardous waste dumping, smuggling proscribed hazardous materials, and exploiting and trafficking protected natural resources.

Scale of Environmental Crime

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CFCs 20,000 tonnes per year, worth

US$ 150-300 million – Equivalent to over 12% of global ODS production (1990s)

10-20% of the legitimate trade in ODS. Equivalent to 7,000 - 14,000 tonnes per year, with a value of US$ 25-60 million (2000s)

Scale of Environmental Crime

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Hazardous Waste US Government estimated that US$ 10-12 billion

was earned from the smuggling of waste ;

There are at least 8.5 million tonnes of hazardous waste being moved between countries each year -one project undertaken in 13 European countries found that over half of the waste shipments examined were illegal

Scale of Environmental Crime

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Wildlife Estimated at 5-20 US$ billion per year

Scale of Environmental Crime

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Timber 5-10% may be illegalIUU fishing $US 4.2 billion to 9.5 billion

Scale of Environmental Crime

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Lucrative - High profits & often low risks of detection and ineffective penalties

Global environmental crimes involve cross-border criminal syndicates by their very nature

Characteristics: organised networks, porous borders, money laundering, corruption, exploitation of disadvantaged communities

The involvement of criminal networks?

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There is clear evidence that environmental criminals engage in other major areas of crime such as document and passport fraud, corruption, the possession and use of illegal weapons, murder, and other smuggling issues notably in drugs, firearms and people.

A significant proportion of both wildlife crime and pollution crime point to the involvement of organized crime networks. …detailed planning of operations, substantial financial support, the careful management of international shipments and massive profits

from INTERPOL Environmental crime website pages

Link with organised crime

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Italy example: Drug trafficking is still the main source of

income for organized crime $75 billion/year)

That is followed by what's known in Italy as "ecomafia," or the illegal disposal of waste.

Link with organised crime

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It directly threatens human health and the environment

Contributes to species loss Can deprive communities of livelihoods It increases the probability of conflict and thereby

poses a risk to human and even national security Results in revenue loss for governments Undermines the success of international

environmental agreements Legitimate business can suffer

Consequences of Environmental Crime

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Increasing recognition?

“People are profiting from the destruction of our planet, by dumping hazardous waste, illegal logging, or the theft of bio-assets. This crime not only damages the eco-system, it impoverishes so many countries where pollution, deforestation and population displacement trigger conflict and prevent reaching the MDGs.”

Antonio Maria Costa Executive Director, United Nations Office on Drugs and Crime

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Increasing recognition?

"Customs are in the frontline, expected to maximize the benefits society can derive from the globalized trading system while also expected to minimize the risks and threats that trade can pose - threats from illegal trade in banned or restricted chemicals up to managing movements of living modified organisms and the illegal trade in rare and endangered wildlife.“Achim Steiner, UNEP Executive Director. Shanghai, China, May 18, 2007

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Increasing recognition?

• “Environmental damage caused by illegal traffic in endangered species and dangerous and harmful substances and products is growing ...continuous efforts are required by relevant agencies to address the problem.” • “Promote cooperation between different conventions and the importance of addressing illegal trade in environmentally-sensitive commodities”

UNEP’s Governing Council Decisions 21/27 and 23/9 I 2

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Increasing recognition?

World Customs Organization The WCO declared Environmental Crime as a priority for 2009

Theme for International Customs day 2009 was “Customs and the Environment: Protecting our natural heritage”

WCO has carried out two joint operations in 2009 on CITEs and on waste issues

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Increasing recognition?

Environmental crime is a serious and growing international problem, with criminals polluting the air, water and land and pushing commercially valuable wildlife species closer to extinction.

Crimes against wildlife and the environment – such as the illegal trade in ivory or the pollution of waterways – can have a harmful impact on the economies and security of multiple nations

INTERPOL (Environmental crime website pages)

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Increasing recognition?

Lacey Act Amendment (USA)

In May 2008, the United States Congress passed landmark legislation to address the U.S. market’s role in the global illegal logging issue

Thus, the US became the first country in the world to ban the import of illegally harvested wood and wood products.

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The need for action

• Most environmental problems are transboundary and global in impact

• Customs and border-protection officers have an important role, and are the first link in the “compliance and enforcement chain” but cannot enforce criminal laws

• Challenges are faced in the investigation of and cracking down on those involved in environmental crime and transnational criminal syndicates

• There is a need for environmental crime to be a higher priority for customs and enforcement agencies around the world.

• A need to integrate environmental issues into the security agenda

• Can only be addressed effectively through international co-operation and shared responsibility

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UNEP’s role

Compliance Assistance Programme Regional Enforcement Networking Informal Prior Informed Consent: CFCs

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UNEP’s role

Public-Private partnerships Specific operations - Project Sky Hole Patching Bilateral/Border Dialogues SAICM Green Customs Initiative

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Innovative cooperation mechanisms

Some examples…

• Green Customs• Sky-Hole patching• National Coordination• Specialised intelligence units• Specific international operations

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Next steps…

Greater awareness of the scale and consequences of environmental crime in customs and enforcement agencies

Higher priority given to these issues Develop better cooperation between customs

and other relevant agencies Use existing initiatives such as Green Customs

and UNEP’s enforcement networks to facilitate cooperation

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Challenges Ahead

Encouraging sharing of information and intelligence on environmental issues

Resource mobilisation Raise awareness with

other stakeholders Sustainability (train-the-

trainer, e-learning, etc)

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Thank you for your attention

www.greencustoms.org

Green Customs Secretariat [email protected]

Dr Ezra [email protected]