Tajuk - wildlife.gov.my · and reliable field raiding team A well planned raiding operation produces a reliable case for investigation and prosecution. The setting up of Anti illegal

2/11/2017

1

EXECUTIVE TALK:

COMBATING WILDLIFE AND

FORESTRY CRIME 2017

02 November 2017

Sabah Forestry Department

Presentation Outlines

Forest and Forestry Development in Sabah

Forest Law Enforcement In Sabah

Category Of Forest Offences in Sabah

Challenges & Issues in Forest Enforcement in Sabah.

Strengthen Forest Enforcement and way forward.

Conclusions.

Forest and Forestry Development in Sabah The forest development stage in Sabah can be traced

through the era of exploration:-

Towards minimal exploitation.

*(by local communities, mostly for livelihood purposes)

Revenue (Income) oriented - Industrial scale timber

exploitation

* The coming of British North Borneo Chartered

Company (1881 - 1946).

* The Introduction of mechanized timber harvesting;

tractors in 1950s, and chainsaws in the 1960s.

* After 1963 onwards, timber industries became the

main source of state income, ( 60-70% of the state

total income )

Resources oriented sustainable forest management.

* 1997- SFM policy and licensing system was introduced

that focused on a total forest management approach .

Forest Law Enforcement In Sabah

Three core processes in law enforcement:-

1. Field Raiding

A good start of forest criminal proceeding is derived from a strong, and reliable field raiding team

A well planned raiding operation produces a reliable case for investigation and prosecution.

The setting up of Anti illegal Logging Unit under the Chief Minister’s Office in 2001 to help the SFD to combat rampant illegal loggings.

2. Investigation

Power to investigate under CPC (S. 107-120)

Investigate when credible information are received.

Arrest or seize when a strong ground of forest crime commission had taken place.

In 2002, Enforcement & Investigation Division (EID) was established

3. Prosecution

SFD enforces law according to enabling legislation ( Forest Enactment 1968 & Forest Rules 1969)

Power to prosecute forest offence under section 377(b) CPC.

In 2000 (after PP vs Jamil Jilap cases -1999 ). Attorney General - power under Article 145(3) of the Constitution

2/11/2017

2

Category Of Forest Offences In Sabah

1. Breach of provisions of the Forest

Enactment 1968.

•I.e.

S 19 – Endangering FR by fire S 20 – Act Prohibited in FR ; Entering

FR, Cutting of trees, Erecting building, cultivating, etc.

S23 - Forest Produce on State and alienated land; marks, collect, converts, injures by fire , etc. without authority.

S30 – General offencesS31 – Obstructing Forestry Officers duties

2. Breach of Forest Rules & Regulation 1969 (Governing of extraction, transportation ,

licensing and taxation of forest produce)•i.e. Removal of forest produces without permits, erecting sawmill without, etc.

3. Breach of contractual,

obligation and omission.• Breaches of logging /sawmill licence

conditions

Challenges & Issues In Forest Enforcement In Sabah

1. Human Threats and Assaults.

2. Illegal encroachment in Forest Reserves

Land Conflict

NCR (Native Customary Right) claims.

For oil palm plantation

3. Wildlife Poaching.

“No longer for own consumption but for trade and lucrative export”.

4. Mangrove Bark Stripping inside Forest Reserve(normally done by foreigners)

5. Unlawful removal of forest produce from an alienated land.

Normally done by the local communities for domestic used.

2/11/2017

3

6. Illegal harvesting of Agarwood (gaharu) inside Forest reserve by foreigners. 7. Boundary Disputes Within Forest Reserves.

Estimated about 60,000 Ha of forest reserves have been issued with land titles.

Strengthening Forest Enforcement and Way Foward

1. Firearms. SFD launched its first armed squad in July 2015. 90 licenses to carry and use(C &U) issued to SFD

personnel (5 pistols, 25 shotguns, 5 CZ Scorpion EVO, 10 MKA 1919

shotguns)

2. The Establishment and launching of K 9 Unit

SFD launched the K9 unit in July 2015.

Initially, 2 dogs were bought and trained for snifing and attacking.; German Sherperd & Belgian Mallinois .

Another 2 joined the K9 in 2016, trained for protection and enforcement.

3. SFD Protect Team

3 senior officer were sent to Thailand in 2015 to undergo a special training( jointly organized by US embassy and Thailand Border Control Tactical Centre).

SFD Protect Squad was launched in October 2016 with 25 personnel (Forest Rangers and Forest Guards)

Objectives:i. To elevate the standard and

capability of enforcement in SFD.

ii. To increase public confidence towards SFD in enforcing forest laws.

4. Aerial Survey

Focusing on area of forest reserve, conservation areas, riparian, wildlife corridors, FMU boundaries and area prone to illegal encroachment.

In 2016, SFD had spent RM1.2 million for aerial survey throughout Sabah (350 flying hours)

District Forestry Offices are to conduct, at least, 2 aerial surveys/year

2/11/2017

4

5. Forest Checking Stations (FCS) and Gates

56 Forest Checking Station throughout Sabah(FCS); 37 -Tawau Region, 9- Sandakan Region, 6 -Kota Kinabalu Region, 5- Keningau

Region and 2 -Kudat Region.

Function: to control unauthorised entry of people and vehicles to the Forest reserve area, Conservation areas and such as wildlife corridors.

6. Prosecution Succession Plan The last 3 legal officers in service (2002 – 2016)

left/retired from SFD . Pattern of ages, shifting among staff (600

personnel in 2006, decreased to 550 in 2010). The trend continue.

Prosecution Succession Plan(47 forest officers were given the authority to prosecute, 4 of which were engaged in trial prosecution

7.Sustainable Forest Management (SFM)

• The Introduction of new forest management regime (SFMLA) in 1997 onwards, to replace the short term licensing system – forest crimes had reduced dramatically.

• The Independent 3rd Party Auditing under the EU-FLEGT support, since June 2009.

All SFMLA areas are audited for legality compliance to the sustainability standards preset in the license agreement.

8.Continuous Training

Investigation

Preparation of Investigation Paper.

Prosecution

9. Honorary Forest Rangers.

• Appointment of Honorary Forest Ranger to the qualified forest rangers and members of public (under Sec. 3A, FE 1968).

• “ Functions the Eyes and Ears” of the government.

10. Inter Governmental Cooperation.

Stakeholder Participation (FMUs), and Communities

Partnership programs at local & international level.i.e. WWF, Royal Society,

HSBC, Sime Darby, etc.

2/11/2017

5

11. Amendment Of Forest Laws.

Periodical revision for possible contemporary amendments.

Stricter fines to deter commission of forest crimes and offences

i.e.

Sec.37(1A)- Prevent any seized goods from being released ‘temporarily’

Sec(2)(b) (August 2007) to provide maximum penalties, which was increased from RM50,000 to RM 500,000

Table 1: Nature/Category Of Forest Offences

**Notation :Breach license condition etc

Nature of Offences

Year

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Illegal Felling in Forest Reserve 12 17 11 4 11 16 8 11 8 22

Illegal Felling in State land 18 17 11 19 15 18 14 17 16 25

Illegal Possession 60 82 66 33 26 35 24 32 46 65

Royalty Evasion 3 0 1 0 1 0 0 1 1 1

Illegal Entry into Forest Reserve 40 67 56 34 22 2 2 0 0 2

Illegal Cultivation in Forest Reserve 8 19 12 4 5 9 9 13 17 26

Others ** 80 79 148 121 140 80 55 76 84 93

Total: 221 281 305 215 220 160 112 150 172 234

Sabah Forestry Department 2017

Table 2: Prosecution record

Status of People Arrested

Year

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Sentenced By Court 92 106 113 54 40 34 32 56 33 54

Absence from Court Proceeding 7 9 0 0 0 0 1 0 0 0

Pending Court 2 12 26 25 8 1 0 2 6 7

Total: 101 127 139 79 48 35 33 58 39 61

Sabah Forestry Department 2017

Forest Crime Indeks 2007-2016

2007 2009 2012

2013 2015 2016

Conclusions

SFMLA is an important tool in “Forest Enforcement” in Sabah.

The cost of law enforcement on forest crimes should not be given too much importance, and to be bought a price, as some punishments like imprisonments' cannot be valued in terms of money.

So long that, there are dependencies on forest resource, and the needs for land, the threats to our forest will continue in the next decades.

Continuous political will and commitment are essential at the highest level.

Prevent before it happens. There is no use crying over spilled milk. (or, “Tapai”)

THANK YOU