understanding threats to west african biodiversity and linkages ...

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING BENIN FIELD ASSESSMENT REPORT

AUGUST 2020

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | BENIN 1

This document was made possible by the United States Agency for International Development (USAID) through the West Africa Biodiversity and Climate Change (WA BiCC) program. The contents of this document are the sole responsibility of its authors and do not necessarily reflect the views of USAID or the United States Government.

For more information on the West Africa Biodiversity and Climate Change program, contact:

USAID/West Africa Biodiversity and Climate Change Tetra Tech 2nd Labone Link, North Labone Accra, Ghana Tel: +233(0)302 788 600 Email: www.tetratech.com/intdev Website: www.wabicc.org

Stephen Kelleher Chief of Party Accra, Ghana Tel: + 233 (0) 302 788 600 Email: [email protected]

Vaneska Litz Project Manager Burlington, Vermont Tel.: +1 802 495 0577 Email: [email protected] Citation: Ministry of Environment and Sustainable Development. Understanding Threats to West African Biodiversity and Linkages to Wildlife Trafficking: Benin Field Assessment Report. Edited by Balinga M. and Stroud A. in 2020.

Cover photo: Leopard. Credit: JupiterImages

http://www.tetratech.com/intdev

http://www.wabicc.org/

mailto:[email protected]


TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................... 2 ACKNOWLEDGEMENTS ................................................................................................ 5 ACRONYMS....................................................................................................................... 6 I.0 INTRODUCTION .................................................................................................... 1

1.1 Context and Justification ...................................................................................................... 1 1.2 Objectives of the Assessment .............................................................................................. 1 1.3 Methodology .......................................................................................................................... 1

1.3.1 Preparation and Inception Phase of the Mission .............................................................. 1 1.3.2 Field Data Collection and Analysis Phase .......................................................................... 1 1.3.3 Report Drafting and Validation Phase ................................................................................. 2

1.4 Background Information on Benin ...................................................................................... 2 1.5 Overview of Identified Stakeholders ................................................................................... 4

1.5.1 General Directorate for Water, Forests and Hunting ................................................... 4 1.5.2 National Wildlife Reserves Management Center ............................................................. 5 1.5.3 Directorate General of Customs and Excise Duties ...................................................... 5 1.5.4 National Police Force ............................................................................................................. 6 1.5.5 Naval Force ............................................................................................................................ 6 1.5.6 Directorate of Fisheries Production ................................................................................... 6 1.5.7 The Judiciary ............................................................................................................................ 6 1.5.8 Non-Governmental Organizations ...................................................................................... 6 1.5.9 Decentralized Local Authorities .......................................................................................... 7 1.5.10 Communities (Religious Leaders, Hunters, Traditional Healers, etc.)........................ 7

2.0 LEGISLATION .......................................................................................................... 8 2.1 International Law ................................................................................................................... 8

2.1.1 Convention on International Trade in Endangered Species of Fauna and Flora (CITES) ............................................................................................................................ 8

2.1.2 The United Nations Convention against Transnational Organized Crime or Palermo Convention ............................................................................................................... 9

2.1.3 United Nations Convention against Corruption ............................................................. 9 2.1.4 Convention on Biological Diversity ..................................................................................... 9 2.1.5 World Heritage Convention ............................................................................................... 10

2.2 Internal Laws ........................................................................................................................ 10 2.2.1 Analysis of National Legislation .......................................................................................... 10 2.2.2 Cooperation among Law Enforcement Agencies .......................................................... 13


2.2.3 Offenses .......................................................................................................................... 13 2.2.4 Sanctions .......................................................................................................................... 14

3.0 ASSESSMENT OF WILDLIFE TRAFFICKING AT MARKETS AND ENTRY POINTS ..................................................................................................... 15 3.1 Trade in Wildlife Species .................................................................................................... 15

3.1.1 Export .......................................................................................................................... 15 3.1.2 Visit to Local Markets ........................................................................................................... 16

3.2 Control at Entry and Exit Points ....................................................................................... 17 3.2.1 Airport .......................................................................................................................... 17 3.2.2 Seaport .......................................................................................................................... 18 3.2.3 Sèmè-Kraké Joint Land Border .......................................................................................... 19

3.3 Wildlife Breeding And Processing Initiative .................................................................... 20 3.3.1 Commercial Breeding ........................................................................................................... 20 3.3.2 Breeding for Conservation, Education and Tourism Purposes .................................. 21 3.3.3 Other Site Visits ..................................................................................................................... 22

4.0 OVERVIEW OF WILDLIFE LAW ENFORCEMENT ......................................... 26 4.1 Proactive Enforcement as a Deterrent to Wildlife Trafficking .................................... 26

4.1.1 Law Enforcement Priority .................................................................................................... 26 4.1.2 Serious Crime ......................................................................................................................... 26 4.1.3 National Law Enforcement Strategy ................................................................................. 26 4.1.4 National Cooperation .......................................................................................................... 26 4.1.5 International Cooperation ................................................................................................... 27 4.1.6 Strategic Risk Management .................................................................................................. 27 4.1.7 Proactive Investigations ........................................................................................................ 28 4.1.8 Staffing, Recruitment and Law Enforcement Training ................................................... 28

4.2 Detection of Wildlife Trafficking by Law Enforcement Agencies ............................... 29 4.2.1 Targeted Enforcement Presence ........................................................................................ 29 4.2.2 Joint Supportive Operations ............................................................................................... 29 4.2.3 Border Control Staff ............................................................................................................. 29 4.2.4 Border Control Equipment ................................................................................................. 29 4.2.5 Powers of Inspection, Seizure and Disposal of Confiscated Wildlife

Specimen .......................................................................................................................... 30 4.3 Wildlife Trafficking Thoroughly Investigated Using an Intelligence-Led

Approach ........................................................................................................................ 30 4.3.1 Investigative Capacity ............................................................................................................ 30 4.3.2 Information Management ..................................................................................................... 30 4.3.3 Intelligence-Led and Follow-Up Investigations................................................................ 30

4.4 Specialized Investigative Techniques Used to Combat Wildlife Trafficking ............. 31 4.4.1 Use of Specialized Investigative Techniques .................................................................... 31


4.4.2 Forensic Technology and Financial Investigations .......................................................... 31 4.4.3 Use of Criminal Law ............................................................................................................. 31 4.4.4 Prosecutorial Capacity, Case File Preparation, Case Clearance Rate and

Administrative Penalties ....................................................................................................... 32 4.4.5 Prosecution Guidelines ........................................................................................................ 32

5.0 CONCLUSIONS AND RECOMMENDATIONS ................................................. 33 5.1 Trafficking Routes and Seizures ........................................................................................ 33 5.2 Challenges Raised by Participants ..................................................................................... 33 5.3 Key Recommendations ....................................................................................................... 34

REFERENCES .................................................................................................................. 37 ANNEX 1: SUMMARY OF COMMERCIAL TRADE IN WILD SPECIMENS

FROM BENIN .......................................................................................................... 38 ANNEX 2: SCHEDULE OF THE ASSESSMENT ........................................................ 41 ANNEX 3: LIST OF PARTICIPANTS INTERVIEWED .............................................. 42 ANNEX 4: LIST OF SEIZURES IN BENIN .................................................................. 43


ACKNOWLEDGEMENTS Our thanks go to Mr. José Tonato, Minister of the Environment and Sustainable Development, for authorizing this mission and for his personal involvement in the process. This report would not have been possible without the diligent work of the authority in charge of CITES in Benin led by General Aristide Adjame, Director General of the Directorate for Water, Forests and Hunting who worked tirelessly with his team on the ground to make the necessary assessments and conduct interviews. Throughout this period, the CITES authority in Benin did not work alone. All the stakeholders met participated with enthusiasm and sincerity in a truly collaborative effort on the field and made invaluable contributions towards putting together this report.

We would also like to express our deepest gratitude to customs officials at the land, air and seaports and other relevant staff that participated in the assessments and provided valuable insight into their activities.

Finally, we would like to acknowledge and thank the many other individuals and organizations who have also helped WA BiCC ensure excellence in the production of this report. Our thoughts are with all those motivated individuals who participated in the validation of this report.

The WA BiCC program extends, on behalf of all its partners, its thanks and gratitude to all those who invested precious time, effort, and thought to improving our organizations’ understanding of the existing threats to West African biodiversity and the linkages to wildlife trafficking.


ACRONYMS AIRCOP Airport Communication Project

BCN National Central Office

BEES Benin Environment and Education Society

CAAT (Airport Anti-Trafficking Unit)

CB Chief of Brigade

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora

COP Conference of the Parties

CREDI-ONG Regional Center for Research and Education for an Integrated Development

DCB Deputy Brigade Chief

DFP Directorate of Fishery Production

DGCED General Directorate of Customs and Excise Duties

DLRI Directorate for International Laws and Relations

DPCEFC Direction des Politiques du Contrôle de l’Exploitation Forestière et du Contentieux (Forest Exploitation Control and Litigation Policy Directorate)

EAGLE Eco-Activists for Governance and Law Enforcement

ECOBENIN Benin Eco Tourism Concern

ECOWAS Economic Community of West African States

EU European Union

GDWFH General Directorate of Water, Forests and Hunting

IFAW International Fund for Animal Welfare

JBP Common Border Post

JCCU Mixed Container Control Unit

NGO Non-Governmental Organization

PAC Autonomous Port of Cotonou

WA BiCC West Africa Biodiversity and Climate Change Program


I.0 INTRODUCTION 1.1 CONTEXT AND JUSTIFICATION

Illegal wildlife trafficking is a source of an ever-growing global concern. One of the main challenges in the fight against wildlife trafficking in West Africa is the lack of accurate and adequate data on wildlife trafficking and threats to biodiversity. The West Africa Biodiversity and Climate Change (WABiCC) program, which collaborates with the Economic Community of West African States (ECOWAS) on biodiversity and climate change issues in West Africa, has received funding from the U.S. Government through USAID to conduct a study with the aim of making recommendations on priority needs in the fight against wildlife crime in West Africa. It is against this background that a field mission was conducted in Benin from 2 to 7 September 2019 to assess threats to wildlife in Benin.

1.2 OBJECTIVES OF THE ASSESSMENT

This assessment had two complementary objectives:

Objective 1: Assess the existing legislative and regulatory frameworks for combating wildlife crime in the Republic of Benin;

Objective 2: Analyze the impact, perceived or evidence-based, of wildlife crime on biodiversity in Benin and to propose strategic lines of action against wildlife crime to be implemented in the next four years.

1.3 METHODOLOGY

This study was conducted in three main phases.

1.3.1 Preparation and Inception Phase of the Mission

Prior to this evaluation mission, the consultants prepared and sent questionnaires for each of the identified stakeholders to the General Directorate for Water, Forests and Hunting (GDWFH). The objective of this exercise was to guide the stakeholders as to the information being sought and to collect primary data required for the field mission. Prior to the field mission, under the leadership of the Directorate General of Water, Forests and Hunting of the Ministry of the Environment and Sustainable Development, a session was organized at the DGWFH during which the consultants presented the objectives of the mission as well as the intervention method to be used.

1.3.2 Field Data Collection and Analysis Phase

The assessments were carried out in and around Cotonou and Sèmè-Krake, the land border post shared with Nigeria. Interviews were conducted with wildlife authorities, fisheries authorities, customs, Interpol, the judiciary, the airport management authority, the CITES authority, as well as NGOs.

The assessment team collected both qualitative and quantitative data during its interviews. Field surveys were conducted during a visit to the country as defined in Annex II. The following data collection tools


were developed or modified to provide a series of core questions that the survey team adapted to the context and field realities as necessary:

• Questionnaires were sent to the various stakeholders involved in the fight against wildlife crime. These questionnaires were developed using the Indicator Framework of the International Consortium on Combating Wildlife Crime. (https://cites.org/sites/default/files/eng/prog/iccwc/F-ICCWC-Ind-FW-Assessment_guidelines_and_template_clickable-final.pdf).

• Market visits were carried out as part of an “undercover investigation” whereby a team goes to the market, locates stalls selling wildlife products and records its findings.

Within the framework of this study, the project team analyzed policies on the environment, forest management and the fight against illegal trafficking of species of wild flora and fauna as well as their implementation in order to make recommendations aimed at strengthening the effectiveness of national and legal policies throughout the Economic Community of West African States (ECOWAS) region.

The team also focused on the overall understanding of wildlife trafficking (target species, sources, traffickers involved, possible linkage with other illegal trafficking). The information gathered during the data collection phase was then used to formulate potential recommendations for future mitigation and capacity building programs throughout the region.

1.3.3 Report Drafting and Validation Phase

In addition to primary data collected through direct interviews with different categories of stakeholders in the field, secondary data was collected in the form of publications, reports, databases, maps and photographs for the report. Internet searches were the main method used to collect secondary data prior to the field survey, and these were supplemented by documents provided by respondents.

The draft report was then forwarded to the Benin CITES Authority (DGWFH) who validated it during a workshop held on August 27-28, 2020.

Members of the assessment team are as follows:

• Charles Mackay, MK Wildlife Consultancy (Customs Expert)

• Sean O’Regan, Freeland Africa (Law Enforcement Expert)

• Captain Ulysse Korogone, Alternate CITES Focal Point, General Directorate for Waters, Forests and Hunting ( DGWFH) and National Training Expert

• Captain Zoulkifli Denis Aremou, Head of Airport Special Forest Brigade, National Training Expert, DGWFH

1.4 BACKGROUND INFORMATION ON BENIN

Benin, formerly known as Dahomey, is located on the West African coast. With a total area of 114,763 km², the country is bordered to the west by Togo and Burkina Faso, to the east by Nigeria, to the north by Niger, and to the south by the Atlantic Ocean. The country is governed by a democratic regime and has a territorial administration decentralized into 12 regions and 77 communes. Based on the results of the 4th General Human Population Census (GHPC4), the population was estimated in 2017 at 11.2 million


inhabitants, with 51% being women, 52% under the age of 18 and 55% rural. If the current growth rate of 3.2% per year is maintained, the population will reach 17.6 million by 2030.

In addition to transit trade with neighboring countries, particularly Nigeria, Benin’s economy is heavily dependent on agriculture (cotton, in particular). The agricultural sector is the second largest contributor to GDP (25%) and employs about 70% of the active population (15-64 years). Benin’s mainly extensive, slash-and-burn agriculture is one of the main drivers of deforestation and forest degradation. The country is a major exporter of cotton, the cultivation of which is leading to an increase in land clearing. The use of pesticides for cotton cultivation disrupts the food chain and threatens biodiversity. The causes of deforestation are diverse. These include land clearing by communities for agriculture, the search for fuelwood, timber and lumber. Desertification is another important threat as the encroachment of the desert on the agricultural lands of the north is intensified by frequent droughts. Benin’s forest resources are divided into two categories based on their status:

❶ Classified Forest Estate (CFE): National Heritage of the Central Government

The State Classified Forest Estate is managed by the Forest Administration under the authority of the Ministry of the Environment and Sustainable Development (MESD). The State CFE includes 46 classified forests and two national parks (Pendjari and W) with three hunting areas.

❷ The National Protected Area (NPA)

The National Protected Area extends over ¾ of the national territory, occupied by 80% of the rural population. It is the rest of the unclassified forest areas. The NPA forests fall under the territorial jurisdiction of the municipalities and are managed by the mayors under the supervision of the DGWFH.

Benin has a forestry policy underpinned by Law 93-009 of 2 July 1993 on the forest regime in the Republic of Benin and Law 2002-16 of 18 October 2004 on the wildlife regime in the Republic of Benin. The forestry policy is currently being revised with funding from the European Union to incorporate new guidelines for sustainable forest management. Environmental stressors in Benin include water pollution, wildlife poaching and deforestation.

The direct causes of deforestation and degradation of classified forests are: (i) poaching; (ii) extensive, shifting slash-and-burn agriculture; (iii) uncontrolled production of firewood and charcoal, on which more than 85% of the population depends, particularly in the urban areas in the south of the country; (iv) seasonal transhumance of local and foreign herds in search of pasture and water in the Classified Forests; (v) water pollution. These causes are exacerbated by the low capacity and lack of personnel of the Forestry Administration, the weak or non-existent value chain of non-timber forest products to provide alternative sources of income to forest dependent communities, thus increasing human pressure on forest resources (Classified Forests Project in Benin). Indirect causes of deforestation include increased population pressure and climate change which slow down the process of forest cover regeneration and reduce biomass through faster drying and silting of rivers, more frequent flooding and increased soil erosion (Classified Forests Project in Benin).

Benin’s natural resources include small offshore oil deposits, limestone, marble and timber. As of 2011, land use in Benin was comprised of 31.3% agricultural land (arable land 22.9%, permanent crops 3.5%, permanent pasture 4.9%), 40% forests, and 28.7% other.


Figure 1: Map of classified areas in Benin

1.5 OVERVIEW OF IDENTIFIED STAKEHOLDERS

The institutional framework for combating wildlife in Benin involves a variety of actors, including:

1.5.1 General Directorate for Water, Forests and Hunting

The General Directorate of Water, Forests and Hunting (GDWFH) is a paramilitary force that reports to an organization under the authority of the Minister of the Environment and Sustainable Development. It is the national agency responsible for implementing State policy on the sustainable management of forests and other natural resources (soil, water). Its mission is to ensure the development, rational


management and protection of natural resources (forest, wildlife, soil and water) throughout the country by coordinating initiatives of all State institutions concerned with the sector. The GDWFH serves as the forest police and is therefore in charge of enforcing laws on wildlife crime. To combat wildlife crime, the General Directorate of Water, Forestry and Hunting (GDWFH) has set up at the operational level an administrative organization that guarantees the presence of forestry officers in all the country’s communes. The main decentralized structures of the GDWFH are called Forest Inspectorates, comprising several operational units. In addition, the GDWFH has a national mobile forestry brigade and special forestry brigades operating directly under the Director General of the Water, Forestry and Hunting Administration. The jurisdiction of the National Mobile Forest Brigade covers the entire national territory, including border areas, marine and coastal areas as well as river and lake areas where it can operate alone or in collaboration with other specialized brigades (coastal protection, pollution, fisheries, etc.).

1.5.2 National Wildlife Reserves Management Center

The NWRMC is the authority responsible for the management of wildlife reserves and, as such, oversees Benin’s two major parks. These are the Pendjari National Park and the W National Park, all located in the northern region of the country. These two parks are the protected areas most endowed with wildlife resources.

These parks have been managed since the 90s through an office located close to each park. Since 2016, the management of the Pendjari Park has been entrusted to the NGO African Parks Network (APN) and the W Park was added in 2020.

Since then, with a strong and sustained political will, from a financial point of view, significant technical and operational resources have been raised, making it possible to considerably reduce poaching in the parks through the establishment of anti-poaching brigades with modern means of communication.

Patrols are conducted both by land and air, thanks to the major acquisitions such as microlight aircraft (4 currently) and helicopters (2 currently).

Anti-poaching officers such as rangers are recruited and trained, and their numbers are increased as funding becomes available (200 in Pendjari and 100 in W).

Since 2016, enforcement of the wildlife laws and monitoring of wildlife offenses have improved. Proactive enforcement is now a reality with intelligence services facilitating intelligence gathering.

1.5.3 Directorate General of Customs and Excise Duties

The customs administration operates under the authority of the Minister of Finance. Notwithstanding the authority of the Minister of Finance, customs officials who perform judicial policing duties occasionally report to the judiciary. The Benin Customs Service traditionally has three missions: a fiscal mission, an economic mission, and a mission of assistance to other administrations through the application of specific regulations on their behalf. To these missions is added a fourth mission, that of facilitating and securing the international supply chain, which implies a rigorous inspection of goods at all stages, from manufacturing to the final destination, including transport. In addition to the fiscal and economic activities that constitute the core of its mission, but also through its permanent presence at the borders, Customs


play a leading role in combatting laundering of illicit income, drug trafficking and protecting endangered species.

1.5.4 National Police Force

The National Police is a paramilitary public security force with the mission of preventing and repressing violations of laws and regulations, including those related to wildlife crime by its competent units, mainly the Airport Anti-Trafficking Unit (CAAT), Economic and Financial Brigade Interpol, Special Border Surveillance Unit, Special Unit of the River and Maritime Police, Joint Container Control Unit (JCCU), Criminal Brigade, Canine Brigade, Coastal Protection and Anti-Pollution Brigade. All public security police stations and the judicial police units have various powers of intervention within the same framework.

1.5.5 Naval Force

The Naval Force is a component of Benin’s Armed Forces. Its mission is to ensure the safety and security of the maritime space along Benin’s 125 km long coastline. The Naval Force is composed of units formed to accomplish the duties entrusted to them. The units are as follows: naval bases; maritime units; support units; specialized units; personnel training institutions. The specialized units are made up of units for the protection of naval bases and port facilities. It deals with illegal intrusions into the maritime space and supports the Directorate of Fisheries Production in the fight against illegal fishing.

1.5.6 Directorate of Fisheries Production

The Directorate of Fisheries Production (DFP) is the body responsible for the design as well as monitoring and evaluation of national policies and strategies aimed at guaranteeing the diversity and quality of fisheries production. It oversees sectoral, diagnostic and prospective studies on value chains in the fishing sectors, the formulation of strategies for the development of innovative production systems and the surveillance, protection, inspection, control and management of fishing and aquaculture. In this regard, the Directorate of Fisheries Production collaborates with the naval force in combatting illegal fishing and trafficking of protected marine species.

1.5.7 The Judiciary

In Benin, the legislative recognition of the environment is reflected in article 27 of Law No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin: “Everyone has the right to a healthy, satisfactory and sustainable environment and has the duty to defend it. The State shall ensure the protection of the environment”. The legislation provides both incentives for the objectives set by the policies and sanctions to discourage activities that run counter to these objectives. As part of the fight against wildlife crime, judges and prosecutors play an important role in the enforcement of the law through fines and penalties imposed on offenders.

1.5.8 Non-Governmental Organizations

NGOs are non-profit organizations that play a very important role in raising awareness and improving people’s living conditions through the implementation of various projects. In the field of natural resource conservation, they ensure the rehabilitation and long-term management of biodiversity in partnership with


local communities and the public administration. Their role is to provide information, education and communication for a behavior friendly to wild species. They provide technical support and expertise during anti-poaching activities.

1.5.9 Decentralized Local Authorities

The introduction of decentralization has made it possible to decentralize the management of forest resources using a participatory approach involving local communities. Hence, there are now communal and community forests which are directly managed by local authorities. In addition, classified State forests are also managed with the participation of the Communes, demonstrating the involvement of local authorities in the management of natural resources. They are important players in the fight against wildlife crime.

1.5.10 Communities (Religious Leaders, Hunters, Traditional Healers, etc.).

Religious leaders, hunters and traditional healers are users of wild flora and fauna resources. They are the guarantors of tradition and have a lot of valuable knowledge that can be leveraged in the fight against poaching. They are also key informants in combatting wildlife trafficking. They are therefore important players in the implementation of proactive investigations.


2.0 LEGISLATION 2.1 INTERNATIONAL LAW

2.1.1 Convention on International Trade in Endangered Species of Fauna and Flora (CITES)

CITES controls and regulates international trade in specimens of protected species; its purpose is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species to which they belong. Its aim is to protect endangered species of wild fauna and flora (including their by-products) by creating a system of controls for all international trade and transactions involving these species. The Convention includes three appendices listing species and sets out the controls and trade mechanisms applicable to these species.

• Appendix I lists all species that are threatened with extinction and for which trade is neither sustainable nor permitted. Special transactions involving Appendix I species require import and export permits or a re-export certificate. In Benin, species such as pangolin and Encephalartos barteri are listed in CITES Appendix I.

• Appendix II includes the list of species which, although not necessarily currently threatened with extinction, could become so unless trade in their specimens is closely controlled, as well as species for which trade must be very strictly regulated to ensure effective control. All transactions in Appendix II species require an export permit which must be presented to the control authorities of the importing country. Species such as Pterocarpus erinaceus and pythons are listed in Appendix II.

• Appendix III is a list of species included at the request of a Party that already regulates trade in the species and needs the cooperation of other countries to control their trade. International trade in specimens of species listed in this Appendix is allowed only on presentation of the appropriate permits by the exporting country, where it is a country that has listed species under Appendix 3 or certificates of origin if it is another country.

The Republic of Benin ratified CITES on May 28, 1984. Although there is no specific law on CITES, the provisions of the Convention are implemented through the following main legal texts:

Law N°90-32 of December 11, 1990 on the Constitution of the Republic of Benin as amended by Law 2019-40 of 7 November 2019,

Law N°2002-16 of October 18, 2004 on the Wildlife Regime in the Republic of Benin,

Law 93-009 of July 2, 1993 on the Forest Regime in the Republic of Benin,

Law 98-30 of February 12, 1999 on the Framework Law on the Environment in the Republic of Benin,

The law N°2014-19 of August 7, 2014 relating to fishing and aquaculture in the Republic of Benin.

These laws enable the government to regulate the national and international trade, possession and transportation of animals and plant materials. However, there is still a need to complement and strengthen these laws.


2.1.2 The United Nations Convention against Transnational Organized Crime or Palermo Convention

The United Nations Convention against Transnational Organized Crime or Palermo Convention is the main instrument for combating transnational organized crime. It requires Parties to recognize the seriousness of the problem and promote international cooperation. The Convention strongly encourages Parties to adopt measures against transnational organized crime, such as the establishment of domestic criminal offenses, frameworks for extradition, mutual legal assistance and law enforcement cooperation. It also aims to improve the standardization and coordination of national administrative, legal and law enforcement measures for organized crime and to ensure an effective global effort to prevent and eliminate it. The Palermo Convention was ratified by Benin on August 30, 2001.

The new code of criminal procedure and the law 2012-12 of August 27, 2012 against terrorism financing promote the implementation of the convention at the national level.

2.1.3 United Nations Convention against Corruption

To the extent that different forms of wildlife and forest offenses are linked to corrupt practices, the United Nations Convention against Corruption provides an important legal basis for combating them. This convention, the first legally binding global instrument to combat corruption, builds on the forerunner of the convention against Transnational Organized Crime and includes a considerable number of similar provisions. Its purpose is to promote and strengthen measures to prevent and combat corruption more effectively; facilitate and promote international cooperation and technical assistance in preventing and combating corruption, including asset recovery; and ensure integrity, accountability and proper management of public affairs and public assets. The convention provides for a wide range of anti-corruption measures, as well as principles on criminalization and law enforcement, international cooperation, asset recovery, technical assistance and information sharing. Benin ratified the United Nations Convention against Corruption on October 14, 2004 and has in place Law N°2011-20 of October 12, 2011 on the fight against corruption and other related offenses in the country.

2.1.4 Convention on Biological Diversity

The Convention on Biological Diversity focuses primarily on habitat protection by striking a balance between the need for economic development and the protection of biodiversity, through the designation of reserves in developing countries in particular. The main emphasis of the Convention is on the sustainable development and utilization of natural resources (Article 1), including wild fauna and flora, while recognizing “the interaction between habitats and human populations”. Regarding wild fauna and flora, the convention aims to protect ecosystems, including forests. To achieve this, the convention requires parties to take measures to curb activities that threaten the survival of species or the degradation of ecosystems within their territory. Specifically, the convention calls on Parties to take active measures to rehabilitate and restore degraded ecosystems, enact and enforce laws and regulations to protect endangered species, establish specially protected areas, and conduct environmental impact assessments of development projects.


The Convention on Biodiversity was ratified by Benin on September 28, 1994. The country has Several internal laws concerning sustainable development and use of natural resources aimed at achieving a balance between environmental protection and economic development:

• Law 93-009 of July 2, 1993 on the Forest Regime in the Republic of Benin,

• Law 98-30 of February 12, 1999 on the Framework Law on the Environment in the Republic of Benin,

• Law N°2014-19 of August 7, 2014 fishing and aquaculture in the Republic of Benin.

• The Budget Laws,

• Law N°2018-10 of July 2, 2018 on the protection, development and enhancement of coastal areas in the Republic of Benin.

These laws also provide for wildlife and forest related offenses.

2.1.5 World Heritage Convention

The purpose of the Convention Concerning the Protection of the World Cultural and Natural Heritage, also known as the World Heritage Convention, is to protect specific cultural and natural sites from destruction, encroachment and exploitation. The convention aims to “establish an effective system of collective protection of cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods.” The focus of the convention is the protection of the world’s natural (and cultural) heritage of “outstanding universal value”43. The guidelines for the implementation of the convention set out in detail the conditions to be met to transform a natural heritage into “natural heritage of outstanding universal value”. Benin ratified this convention on June 14, 1982 and has to date two sites classified as world heritage of “outstanding universal value”: The Royal Palaces of Abomey in 1985 and the Pendjari and W parks (1996 and 2017). Decree N°94-64 of March 21, 1994 classifying the Pendjari National Park as a Biosphere Reserve, and Law N°2007-20 of August 17, 2007 on the Protection of Cultural Heritage and Natural Heritage of a Cultural Nature in the Republic of Benin are national instruments designed to protect natural heritage sites.

2.2 INTERNAL LAWS

2.2.1 Analysis of National Legislation

Benin does not have a CITES law. However, several national laws contain provisions that regulate the possession, trade, import and export of species of fauna and flora. These include among others:

• Order N°601/MDR/DC/DFRN/SA of October 8, 1992 on implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Benin;

• Law N° 93 -009 of July 2, 1993 on the forest regime in the Republic of Benin and its implementing decree;

• Law N° 2002-16 of October 18, 2004 on wildlife regime in the Republic of Benin and its implementing decree;


• Framework Law N° 2014-19 of August 7, 2014, relating to fishing and aquaculture in the Republic of Benin;

• Law 098-030 of February 12, 1999 on the framework law of the environment in the Republic of Benin.

In addition, Benin’s Constitution stipulates procedures for the adoption of international treaties or agreements.

No. Elements of the

Analysis Level of Reflection in National

Legislation Remarks

How does the CITES Convention relate to the legal system of your country? (What are the procedures provided by the Constitution for the approval of international treaties).

The Constitution of Benin provides in Article 147 that “Treaties or agreements duly ratified shall, as soon as they are published, prevail over laws, provided each agreement or treaty is applied by the other party”. Article 144 stipulates that “The President of the Republic shall negotiate and ratify international treaties and agreements”.

The CITES Convention signed and ratified by Benin therefore supersedes the national laws.

CITES LEGISLATIONS

Benin does not yet have a CITES law. But there are legislative and regulatory texts that contain some provisions concerning CITES. These include, among others, the following:

Order N°601/MDR/DC/DFRN/SA of 08 OCTOBER 1992 on the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Republic of Benin;

Law N° 93 -009 of 2 July 1993 on the forest regime in the Republic of Benin and its implementing decree;

Law No. 2002-16 of 18 October 2004 on the wildlife regime in the Republic of Benin and its implementing decree;

Framework Law N° 2014-19 of August 7, 2014, on fishing and aquaculture in the Republic of Benin;

Law 098-030 of February 12, 1999 on the framework law for the environment in the Republic of Benin.

The comparative analysis of these legislative and regulatory texts in relation to the requirements of CITES revealed numerous gaps in the CITES legislation in Benin

OTHER RELEVANT LEGISLATIONS

Applicable provisions of the legislation

International Trade Restrictions

Law 098-030 of February 12, 1999 on the Environment Framework Law in the Republic of Benin stipulates in Article 51 that “In addition to the provisions of conventions, treaties and international agreements on the protection of biodiversity (fauna and flora) ratified by the Republic of Benin, the following shall be established by laws and regulations:


No. Elements of the


Legislation Remarks

The list of animal and plant species that must be subject to special protection and modalities for applying this protection;

The permanent or temporary prohibitions issued to ensure the preservation of threatened, rare or endangered species, as well as their environment;

The conditions for the exploitation, commercialization, use, transport and export of the species referred to in the preceding paragraph.

DESIGNATION OF MANAGEMENT BODIES AND SCIENTIFIC AUTHORITIES

The Directorate of Forestry and Natural Resources is designated as THE MANAGEMENT AND SCIENTIFIC AUTHORITY IN CHARGE of CITES in Benin by Order N°601/MDR/DC/DFRN/SA of 08 OCTOBER 1992 concerning the application of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Republic of Benin.

The Scientific authority should be an independent scientific body designated to advise the authority in charge on all matters requiring its advice under the Convention. The tasks of the scientific authority, as set out in Conf Resolution Conf. 10.3, should be clearly defined.

CITES specimens covered by the legislation


Taxonomic groups

Are parts and products covered?

Is there a legal mechanism to amend the appendices when amendments to the CITES Appendices are adopted by the Conference of the Parties?

No legislative document contains provisions on CITES flora specimens, but Law No. 2002-16 on the fauna regime in the Republic of Benin stipulates in Article 39 that wild animals are classified into three categories: fully protected species, partially protected species and other species. A decree issued by the Cabinet of Ministers on the proposal of the Minister in charge of wildlife provides for the lists of fully protected (category A) and partially protected (category B) species, considering the state of wildlife on the national territory and the relevant international conventions to which Benin is a party.

It is recommended that the CITES implementing legislation include three lists of species listed in Appendices I, II, and III, and that these lists be amended as soon as amendments to the CITES appendices come into force (the legislation or regulations should provide a mechanism for this). Other lists could be used for species that are not included.

Prohibition of trade in violation of the convention


In Order N°601/MDR/DC/DFRN/SA of October 08, 1992 on the application in the Republic of Benin of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Article 3 stipulates that: “In the Republic of Benin trade

Order N°601/MDR/DC/DFRN/SA of October 08, 1992 on implementing in the Republic of Benin the Convention on


No. Elements of the


Legislation Remarks

in species of wild fauna and flora as well as their trophies shall only be permitted in accordance with the provisions of CITES”.

In addition, Law No. 2002-16 on the Wildlife Regime in the Republic of Benin states in Articles 35, 39 and 106 that trade, import, export and re-export shall be subject to the terms and conditions defined by the regulations in force and the applicable international conventions to which Benin is a party.

International Trade in Endangered Species of Wild Fauna and Flora (CITES), prohibits trade that violates CITES. Law No. 2002-16 on the Wildlife Regime in the Republic of Benin prohibits trade in violation of the relevant international conventions to which Benin is a party.

2.2.2 Cooperation among Law Enforcement Agencies

There is no formal framework for consultation among all law enforcement agencies. The authority in charge collaborates with other law enforcement agencies and government bodies based on specific requests. Existing collaboration is based much more on courteous administrative practices than on adherence to a codified procedure. However, for some specific issues there is an emerging cooperation between certain players and the authority in charge, which is the forestry administration. For example, there is a Memorandum of Understanding between the Forestry Administration and Customs on some specific concerns regarding timber import and export.

2.2.3 Offenses

Benin’s legislation provides sanctions for a variety of activities, including the following:

• Killing or capturing animals belonging to a protected species;

• Killing or capturing wildlife without a valid license (without a license, with an expired license or with a fake license);

• Kill or capture wildlife in protected areas (including game reserves and national parks),

• Killing or capturing wildlife outside authorized boundaries;

• Killing or capturing wildlife beyond the allocated quotas;

• Killing or capturing young animals or females; destroying or damaging nests, dens or eggs;

• Hunting outside the hunting seasons or during unauthorized seasons;

• Using unauthorized hunting, slaughtering and fishing methods or tools.

These activities are punished as offenses but are not criminalized.


2.2.4 Sanctions

The table below shows some offenses as well as the penalties provided for in Benin laws. An analysis indicates that the penalties prescribed do not correspond to the economic, cultural, religious and scientific values of the species destroyed.

Offenses Fines/Sanctions

Felling, cutting, burning of forest species without authorization

A fine from F 50,000 to 500,000 and / or a prison term of 02 months to 02 years

Possession of trophies or remains A fine of F100.000 to 500.000 and/or a prison sentence of 03 months to 03 years.

Capturing wildlife without a license (illegal hunting)

A fine of F 300.000 to 800.000 and/or a prison sentence of 06 months to 05 years

Hunting of pregnant females, sooty or young animals

A fine of F 300.000 to 800.000 and/or a prison sentence of 06 months to 05 years.

Moving trophies or remains without certificate of origin

A fine of F100.000 to 500.000 and/or a prison sentence of 03 months to 03 years.

Illegal trade in wildlife trophies and remains A fine of F300.000 to 800.000 and/or a prison sentence of 06 months to 05 years,

Destruction or disappearance of wildlife products

A fine of F 100.000 to 500.000 and/or a prison sentence of 03 months to 03 years,

Keeping wildlife without a permit A fine of F 100.000 to 500.000 and/or a prison sentence of 03 months to 03 years,

Exporting wildlife without a permit A fine of F 300.000 to 800.000 and/or a prison sentence of 06 months to 05 years,

Illegal import of wildlife A fine of F 300.000 to 800.000 and/or a prison sentence of 06 months to 05 years.

Destruction of wildlife nests in protected areas

A fine of F300.000 to 800.000 and/or a prison sentence of 06 months to 05 years.

Illegal import of wildlife A fine of F300.000 to 800.000F and/or a prison sentence of 06 months to 05 years.

Introduction of alien aquatic species into waters under Benin jurisdiction without authorization

A fine of F 500.000 to 3.000.000 and/or a prison sentence of 06 months to 01 year.

Egg collection in protected areas A fine of F 300.000 to 800.000 and/or a prison sentence of 06 months to 05 years,

Transshipment of catches in Benin waters, A fine of F 500.000 to 3.000.000 and/or a prison sentence of 06 months to 12 months.

Transport of undersized aquatic organisms A fine of F 500.000 to 3.000.000 and/or prison sentence of 06 months to 12 months,

Practicing sport fishing or scientific research without authorization

A fine of F 500.000 to 1.000.000 and/or a prison sentence of 06 months to 12 months.


3.0 ASSESSMENT OF WILDLIFE TRAFFICKING AT MARKETS AND ENTRY POINTS

The assessment of wildlife trafficking in Benin was conducted by examining wildlife trade controls at entry and exit points, existing wildlife breeding initiatives, and providing an overview of wildlife law enforcement in Benin.

3.1 TRADE IN WILDLIFE SPECIES

Wildlife trade involves both international trade and the domestic market.

3.1.1 Export

A review of commercial trade levels in wild specimens of CITES listed species between 2000 and 2017 indicates that during this period most Benin’s legal commercial exports were live pythons (see Annex 1). Also notable were significant exports of other live reptiles, such as lizards, monitors and chameleons. Emperor scorpions and African rosewood have also been significantly traded.

A graphic representation of trade routes used for reported legal international trade in wild specimens of CITES species from Benin during the period 2000–2017 is provided below.

Figure 2. Map of trade routes used for the export of wild specimens from Benin (all purposes combined) between 2000 and 2017. Source: CITES Trade Database. Graphic representation produced using TradeMapper.


3.1.2 Visit to Local Markets

Trade in wildlife species is common in Benin and is practiced in almost all markets in the country. However, due to the short duration of the mission, the assessment team visited the local market of Dantokpa in Cotonou. The market is the largest open-air market in West Africa. It covers more than 20 hectares, has 5,000 selling stalls and employs 25,000 people. Traders sell everything from multi-colored fabrics to food, household appliances, and clothing. Religious items are also on sale, as well as handicrafts including live wild animals and animal parts. The assessment team was shown around the market by the market management team who are responsible for the organization and security of the market.

The team visited the area of the market where many species of animals listed under CITES are openly sold. Some of the animals openly displayed were horse’s heads, baboon and monkey heads and skulls, monkey and baboon hands and feet, birds (including Africa Grey and Senegalese parrots), porcupines, hedgehogs, chameleons, various species of lizards and geckos, elephant skin, leopard skins, various types of antelope skins, crocodile heads, pangolin, aardvark heads, African wild dog heads, hyena heads, mongoose heads, river turtles, tortoises, and a variety of snakes and warthog heads. The market management team negotiated an agreed price to enable the assessment team to take photographs of the specimens (Photo 1). The assessment team also saw a few small live animals in cages displayed for sale but did not approach the stall as the stall keepers could become hostile.

Traders appear oblivious of displaying and selling some CITES Appendix I species such as pangolin and Grey parrot. Sellers from outside Benin come to the market stall holders with wildlife specimens for sale and clearly without the necessary CITES permits. The market and management team explained that some of the traders had been selling animal parts for generations in the same family, and that the animal parts were used for rituals and traditional medicine.

Photo 1. Dantokpa market.


3.2 CONTROL AT ENTRY AND EXIT POINTS

3.2.1 Airport

The CGB (Cardinal Bernadin Gantin of Cadjehoun) International Airport is the largest in the country and the main entry point into Benin, with flight connections to the wider African region and Europe. It is used by over 20 airlines and has two primary cargo airlines: Allied Air flying to Lagos, Nigeria and Air France Cargo flying to Paris, Charles de Gaulle airport.

The assessment team met with officers from Customs, Airport Anti-Traffics Unit (Cellule aéroportuaire anti-trafic, CAAT), wildlife authority, airport management authority and the police. During a previous visit to the airport in 2018, the team visited the arrivals / departure halls, immigration area and the cargo services areas. Baggage scanners were in operation in the arrival baggage hall, enabling custom officers to scan all baggage. The baggage and tags are then checked by airport security prior to exit. Baggage scanners are working at the entry doors to the arrivals hall where all baggage is scanned by security officers. There are no visible signs, such as posters, with anti-wildlife poaching/trafficking messages in either the arrival or departure halls. The team also previously visited the cargo section of the airport where they were shown the process of cargo arriving and departing with courier postal services at the same location. It is worth indicating that it is at this level that the controls of the regular trade of wild fauna and flora are carried out.

The assessment team met with Commander Isidore M’Po, Head of the Airport Customs Brigade in the presence of representatives of other units. He stated that Customs work closely with Police and the wildlife authority at the airport. Any wildlife seizures are immediately handed over to the wildlife authority at the airport for investigation. The airport is currently undergoing renovations but that has no impact on the performance of their duties.

Customs and other stakeholders consider CITES as important, but customs officers have not received any CITES training. There is a clear need for CITES awareness and anti-fraud training at the airport.

Under the U.N. Office on Drugs and Crime AIRCOP project, Airport Anti-Trafficking Units have been set up in eight (8) airports worldwide to crack down on narcotics smuggling: seven (7) in West Africa, including one (1) at Cotonou International Airport, and one (1) in Brazil.

The unit was originally comprised of 15 officers from Customs and Police, but as in Ivory Coast the scope was expanded to include wildlife officers as well. The team is responsible for profiling and searching persons and goods entering and exiting the airport. Their main priorities are narcotics, weapons, wildlife and foreign currency. There is an Intelligence Unit within CAAT that has contact with approximately 60

Photo 2. Customs building at Cotonou Airport.


other airports around the world with which it shares information with via CELCOM. Some of the team members have also received CITES training in Dakar, Senegal.

The CAAT unit, which usually focuses on combatting narcotics trafficking, has received some training on combatting wildlife trafficking provided by anti-wildlife crime specialists from the Zoological Society of London with funding from the Elephant Crisis Fund. The training covered areas such as evidence-gathering, profiling techniques, human rights and wildlife product recognition. As a result, in early 2018, the team seized more than half a ton of pangolin scales at the airport and arrested four suspects. However, the need for capacity building for CITES implementation is recurrent. Police officers are deployed at the airport for a 3-year period after which they are assigned to another post.

As part of the activities of the national canine brigade, sniffer dogs will soon be deployed at the airport for wildlife detection under a canine brigade program with the support of the International Fund for Animal Welfare (IFAW).

3.2.2 Seaport

The Autonomous Port of Cotonou is the largest seaport in Benin and handles more than 80% of the country’s imports and exports. There are plans in place to open a second smaller seaport in Benin which will also receive/send goods. The assessment team met with Mr. Fredy Akpovo, Deputy Head of Customs at the Autonomous Port of Cotonou (Port autonome de Cotonou, PAC), and Damase B. Tchiwanou, of the Joint Container Control Unit (JCCU).

The JCCU is a multi-agency targeting unit. comprising 22 officers drawn from the wildlife authority, customs and police. They are generally posted to their duty station for a period of three years and are later transferred. The team is responsible for the detection of all contraband goods entering or departing the seaport and has an Intelligence Unit that undertakes the profiling work. Once they detect illegal wildlife, they refer the case to the wildlife authority (DGWFH).

Customs uses an automated cargo clearance system: a national committee within the Customs Directorate sets the profiles and meets weekly to decide any changes. However, JCCU does not have access to the system and has to manually stop a cargo if they want to examine it.

There is also a separate wildlife authority team based at the seaport, primarily controlling the timber trade, but is on hand to take on cases when required.

Apart from the profiling system of control, there is a systematic scanning system of shipping containers. Without a certificate of scanning, shipments cannot leave the port. During a previous visit to the port in 2018, the shipping container scanner was operational with approximately 3 containers being scanned in a 45-minute period. There are also spare mobile scanners in the event it breaks down. Officials monitoring the scanners (and analyzing the images) have

Photo 3. Container scanner at Cotonou seaport.


received no CITES or wildlife identification training.

Customs’ primary function is to collect duties and taxes. The assessment team was told that a Customs officer is physically present during the “stuffing” of containers prior to arrival at the seaport. The containers are then sealed before going through the scanner.

There is no legal framework outlining the regulations and responsibilities to counter wildlife trafficking at the seaport. Officers at the seaport require CITES and wildlife trafficking/identification training as no one has received any such training apart from the wildlife authority officers.

3.2.3 Sèmè-Kraké Joint Land Border

The team visited the Sèmè-Kraké Joint Border Post (JBP) situated approximately thirty kilometers from Cotonou. The border post was funded by the European Union (EU) under the Regional Transport Facilitation Program. The JBP is of strategic importance and is located on the Abidjan-Lagos corridor, which accounts for 70% of all transit trade in the sub-region. The corridor is also an integral part of the trans-African road network. The 25-hectare Sèmè-Kraké JBP has areas for passenger vehicles, and cargo handling (Customs), transit and livestock inspections. It comprises several buildings, including administrative blocks, customs brigade, truck inspection area, toilets, weighbridge, a scanner control room, health post, room for maintenance and storage of generators. Nigerian and Benin Customs officers are housed within the same building. There are 29 Police officers, 2 wildlife officers and 30 customs officers stationed there. Nigeria had closed all its borders for security reasons and the border crossing was therefore not fully operational at the time of the visit. The scanner was not operational on the Benin side. Wildlife enforcement officers are based at the border crossing.

Wildlife law enforcement officers are based at the border crossing.

During normal operations, trucks enter a dedicated truck control area where they are searched if any information is received. Mr Adjagbodjou, the Head of the Wildlife Authority informed the team that in a case where the truck is sealed, officers can only use their judgment and the information received to decide whether to search the truck or not.

There are many illegal crossings along the Benin-Nigeria border, which is long and very porous. Photo 4. Sèmè-Kraké border.


Many villages are located along the border and there is frequent movement of villagers and local vehicles across the border. This has been happening for many years and is a common phenomenon. Customs officers carry out regular patrols but have little success in enforcing the law at these illegal crossings. Goods are often smuggled through these illegal routes. As an example, there was a case reported of a truck containing wood that was seized at an illegal crossing route after information was received about it. On another occasion at the Sèmè-Kraké JBP, a person was arrested for possession of a turtle and about thirty of its eggs on their way to Nigeria. He was released on bail. The turtle eggs were handed over to the NGO Nature Tropicale and the sea turtle was released into the ocean. The wildlife authorities and Nature Tropicale periodically organize awareness training for local communities along the coastline. During the sea turtle breeding season, NGOs, police and wildlife authorities take all necessary measures to protect the turtles that come to the beaches to lay eggs.

The Police at the border post have received no CITES or wildlife training. They do not receive any information from CAAT, JCCU or Interpol and only sometimes receive information from their superiors regarding stolen vehicles, which they will stop and search. Nigeria and Benin do not conduct joint searches of vehicles; each is responsible for their own. They search based on both information received and randomly. It was stated that on average 100 vehicles are searched daily.

Customs and police officers need CITES and wildlife awareness training. Customs has undergone training provided by the World Customs Organization training, but this is not relevant to wildlife. The Nigeria and Benin officers share information daily at the border post and recruit informers.

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•

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Goods in transit to Nigeria are scanned on the Nigeria side of the border.

Goods from Nigeria in transit through Benin go through a similar procedure, but unless there is information the trucks are not scanned.

All imports are checked including scanning and physical inspection.

On average there are only about two trucks per day of imported goods from Nigeria and these are checked, either via the scanner on the Nigeria side, or by physical search by Benin Customs. They do have a scanner funded by the Economic Community of West African States (ECOWAS All motor vehicles crossing the border are physically searched by Benin authorities. There is a secure storage area for exhibits at the border post. One area for improvement is the need for prevention of wildlife trafficking signage at the border post.

Customs uses the CENCOM information sharing platform at the border post. They have not set up WhatsApp groups or any other information sharing platforms.

3.3 WILDLIFE BREEDING AND PROCESSING INITIATIVE

3.3.1 Commercial Breeding

3.1.1.1 Private Breeding Center

The team visited Mr. AZANKPO Godonou Florentin’ site, aka WAPP (West African Pet Production) Reptiles, a wildlife establishment outside Cotonou. He has a second establishment located at Houègbo Agon where he says he raises snakes and holds other reptiles. This exporter has a permit to export certain


species of wildlife. The facilities that the evaluation team saw are in poor condition and Mr. Azankpo said the needed more resources to be able to improve them. He had a variety of water turtles, land turtles, birds and primates on the premises that had been caught in the wild and were being offered for sale on the Internet. He complained that customers, especially in Europe, did not pay once they received the animals. As a result, some of the wildlife exporters have gone bankrupt.

3.3.1.2 Hand-Crafted Souvenir Market, Boulevard Saint-Michel

The team conducted a site visit to the hand-crafted souvenir market situated in Boulevard Saint-Michel, Cotonou. A meeting was held with the artisans who were very receptive and willing to engage with the assessment team. They would like awareness training specifically on CITES listed timber products. The artisans use various species of timber including Pterocarpus erinaceus for their hand-crafted souvenirs and have no knowledge of what timber is endangered and/or listed under CITES. The wildlife authority has previously given no awareness training to the artisans but has now told the artisans its officials will return and conduct meetings with them and provide training.

Photo 7. Legal wildlife breeder’s premises

3.3.2 Breeding for Conservation, Education and Tourism Purposes

3.3.2.1 Mini- Zoological Park of Cotonou

The wildlife authority took the assessment team for a visit to the Mini- Zoological Park of Cotonou, which is located on the same premises as the handicrafts market. The zoo is very small in size and in very poor condition. Animals kept there include turtles, chameleons, pythons, a baboon and a donkey. The animals are housed in totally unsuitable cages and enclosures, which are very small, clearly not cleaned, and are very poorly cared for. The mini zoo is open to the public for visits but gives the completely wrong message about the importance of conservation and

Photo 8. Animal enclosures at Mini- Zoological Park of Cotonou


the care of wildlife. The assessment team recommends that the mini zoo is closed as soon as possible, and the animals relocated either back into the wild or (more likely) a suitable wildlife sanctuary.

3.3.2.2 Vallee Du Sitatunga – CREDI-ONG

Vallee Du Sitatunga is a rescue and educational center established by CREDI-ONG. The center has been kept very much in a natural environment, in fact a walk around the large enclosures revealed a number of wild young African dwarf crocodiles in the lakes and swamp on the perimeters. Schools are encouraged to bring their pupils to the center to learn more about the wildlife in Benin. The manager explained that they are often contacted by members of the public to rescue animals that are unwell, abandoned by their mothers or injured. Their aim is to return animals to the wild as soon as possible whenever they can. The Water and Forests Directorate use the center to cater for the animals they seize and rely on this facility to reintroduce them back into the wild, as they did with some royal pythons not long before the assessment team’s visit. The assessment team was impressed with the care and attention given to all the animals in their center and the natural environment they were kept in. This could perhaps be a model for other countries to follow.

3.3.3 Other Site Visits

3.3.3.1 INTERPOL

An interview was conducted with the Head of the National Central Bureau (NCB) of INTERPOL. During the interview it was established that there is no specific wildlife desk at Interpol NCB Cotonou. A National Task Force has not yet been established and is necessary. It was stated that even though there is no wildlife desk, an officer liaises with other agencies and share information, when necessary. They would like to participate in wildlife trafficking investigations training with other Beninese law enforcement agencies.

3.3.3.2 Authority responsible for CITES (DGWFH)

The team met with Director General of the Directorate for Water, Forests and Hunting, who had recently returned from attending the CITES 18th Conference of the Parties (COP) in Geneva, Switzerland. He stated that the wildlife authority’s relationship with the judiciary was very good, and that he also works in close cooperation with NGOs. At the time of the meeting, he was busy resolving an incident at Pendjari National Park where rangers had arrested a poacher, leading the community’s revolt against them.

He stated that the wildlife law was being reviewed with support from the EU. The Benin government intends to impose heavier sentences on poachers and traffickers for wildlife offenses to serve as a deterrent. He referred to the seizure of 200kg pangolin scales and a large quantity of illegal charcoal. The management authority lacks proper storage

Photo 5. Forestry meeting.


facilities. Exhibits are currently kept at the premises of the courts. Sometimes evidence gets stolen and there is a need for secure and monitored storage facilities.

3.3.3.3 Customs HQ

The illegal wildlife trade and CITES are considered high priority for Benin Customs. Customs collaborates well with wildlife authorities, Police, airport and seaport management/security services and immigration. They also collaborate with the courier/freight companies on a daily basis. However, there are no formal agreements between the different agencies on combatting wildlife trafficking. They work with the CITES Management Authority when required to do so.

There are 6 anti-trafficking Customs teams. Customs officers work on a rotational basis whereby after 3 years they are deployed to another location. They only work at one airport, the international airport in Cotonou, as the other airport in the north is closed. They also work at the country’s only seaport in Cotonou. There are approximately 40 official border crossings and 3 inland clearance facilities in Benin where Customs officers are posted. There are no rail terminals with international connections in Benin.

CITES training is not included in the Customs training curriculum but plans are in place to initiate a CITES training in 2020. The CITES Management Authority last conducted wildlife training for Customs officials in 2017. The US Embassy provided wildlife training for a few officers in Accra, Ghana and one officer at ILEA Gaborone, Botswana.

Customs officers have the authority to confiscate illegal wildlife but refers the investigation to wildlife authorities which are responsible for prosecutions. Customs does not conduct investigations. It is unknown how many confiscations Customs has made in the past 3 years, as this information was not provided.

There are no intelligence or data gathering platforms currently in place apart from CENCOM.

The capacity building needs highlighted during the meeting included training on intelligence gathering and analysis, as well as a CITES training module within their curriculum (which should be in place during 2020). They also require support to establish an intelligence unit and multi-agency task team as well as an information sharing platform both at the national and regional levels.

3.3.3.4 Department of Fisheries Production

The team met with the Director of Fishery Production, in charge of the fisheries law enforcement department. They are both aware of CITES and referred to an incident when they were on patrol and came across a fishing boat with five dead sharks on board. Although the patrol officers were aware that

Photo 6. Customs General Directorate

some sharks are listed in CITES, they did not know which species in particular. This points to an urgent need for CITES training. The DFP mentioned that one of their officers attended training at the wildlife authority office and filed a report when he came back. They have received no other training.

In 2018, there were vessels found fishing in areas where fishing is forbidden. In another case in 2012, a person was arrested for not having a fishing permit and ultimately paid a fine. The department issues about 15–17 fishing permits a year on average. Fisheries legal officers enforce the penalties under the law: offenders face 6-12 month’s imprisonment and up to $2 million fine. However, they have no means of checking if foreign vessels are in their waters as they do not have Satellite Automatic System of Identification. They do not have any boats and therefore rely on the Benin navy’s resources, which takes time to request because of administrative problems.

The Fisheries officials stated that mainly foreign boats fish in their waters and go to Ghana or Nigeria to get permits. They have no way of checking whether these boats have illegal fish, as they are not required to come into the port before returning to their own countries. Investors are looking to set up a processing plant in Benin so fish can be landed there, which could create more opportunities for fisheries laws enforcement.

3.3.3.5 Non-Governmental Organizations

The team met with Nature Tropicale, Benin Environment and Education Society (BEES), Regional Center of Research and Education for Integrated Development (Le Centre Régional de Recherche et d’Education pour un Développement Intégré, CREDI-ONG), Benin Eco Tourism Concern (ECOBENIN), Africa Mobile Nature, International Circle for the Promotion of Creation (Cercle International pour la Promotion de la Création) and the Organization for Sustainable Development and Biodiversity . Also present was a senior prosecutor. Each NGO gave a summary of its work, as did the prosecutor. A good deal of discussion took place between the NGOs and the prosecutor towards the end of the meeting, particularly about application of the law and specific cases.

Overall participants agreed that Benin has good laws, but there are problems with how they are applied.

Findings from the discussions are as follows:

• Sensitizing local populations on wildlife issues and law is important bearing in mind that local communities do not speak French, hence the need to translate messages into images in outreach campaigns. These should focus on all relevant laws so that communities are more aware of the regulations and penalties for wildlife crime.

• Species of concern mentioned included: elephants, red-bellied monkeys, water antelope, sea turtles, manatees, crocodiles (Nile and Dwarf) and snakes. Work is being done in the central region by BEES to encourage populations to rely on other species for bush meat. Efforts are also being made to educate hunters on different species to hunt and to avoid those that are protected.

• It was mentioned that large Chinese fishing boats come into Benin’s waters and are able to leave again without any impediments. Enforcement agencies do not have capacity to monitor boats or assess fisheries stock levels: they issue licenses for certain species, but no checks are done.

• Nature Tropicale has observed that pangolin hunters are individuals or groups who travel across the country hunting or gathering scales from villages who stockpile them, whereas elephants are hunted



by organized groups from other countries. It also reported a case where the 400 kg of ivory seized included specimens that did not come from Benin as the tusks were too large. Some even had official markings, pointing to a corruption problem, although most of the markings had been defaced so it was not possible to tell where they came from.

• It is believed that wildlife is being smuggled through the North of the country to feed the ‘fetish’ market.

• There are reports of Nigerians crossing the border to kill elephants for their tusks while local populations consume the meat.

• Several NGOs mentioned that there is interference in cases from local authorities and politicians when people are arrested. ECOBENIN has done some sensitization of local authorities in the coastal areas so that they support the investigation and prosecution of offenders.

• ECOBENIN recruits informants in the coastal forests and provides them with phones so they can alert the police when they come across offenses.

• Fines imposed for offenses are inadequate and vary from region to region. There is also no system in place to make sure penalties are paid. Nature Tropicale is tracking cases all the way through the judicial process, which they sometimes film for training purposes. They have covered over 100 cases so far.

The prosecutor responsible for most of the northern region attended the meeting and stated that the legislation needs to be regionalized. Not many prosecutors know much about CITES, but he has taken initiatives to improve this. Wildlife laws are also being included in the new curriculum at the law school, where all lawyers and judges are trained. Awareness training was given there in the past, but now it is part of a full curriculum.

Suggestions for recommendations that emerged from the meeting are as follows:

• A national committee is needed where different agencies and NGOs can meet.

• NGOs need to come up with statistics to identify issues. A database should be created for managing all information.

• A national committee should organize and provide training for prosecutors in their first year at law school.

• Awareness training should be rolled out in schools, however the Water and Forests Authority does not have the financial and human resources to carry out this training.


4.0 OVERVIEW OF WILDLIFE LAW ENFORCEMENT

4.1 PROACTIVE ENFORCEMENT AS A DETERRENT TO WILDLIFE TRAFFICKING

4.1.1 Law Enforcement Priority

In Benin, combatting wildlife trafficking is generally seen as either a medium or high priority for law enforcement. The wildlife authority is the main law enforcement agency. All fauna and flora cases requiring investigation, arrest and prosecution are referred to it, albeit there is much more focus on fauna than flora, especially in the Northern areas of Benin.

Not much intelligence regarding wildlife poaching or trafficking is gathered by the various agencies. The enforcement aspect for wildlife is more reactive than proactive. The wildlife authority has officers embedded within the multi-agency task teams at both the airport and seaport, and some are posted at tomost of the official border crossings.

There are no formal collaborative or information sharing agreements or MoUs in place between the Benin law enforcement agencies, but there seems to be good multi-agency collaboration.

4.1.2 Serious Crime

Wildlife trafficking is recognized as a transnational organized crime within the law enforcement agencies; hence the inclusion of the wildlife authority officers within the CAAT and JCCU multi-agency task teams. However, it is not considered as serious as narcotics and weapons smuggling.

Although Benin’s legislation currently prescribes penalties ranging from CFAF 50,000 to 3,000,000 and 3 months to 5 years’ imprisonment, sentences are not applied to maximum effect to serve as a deterrent for wildlife poaching or trafficking. The judiciary requires awareness training to acknowledge the seriousness of wildlife crimes, recognize its linkages to organized crime and to apply suitably severe penalties as provided under Benin law.

4.1.3 National Law Enforcement Strategy

In Benin, a national enforcement strategy and/or action plan for combatting wildlife poaching and trafficking has not yet been developed. Currently, wildlife trafficking is addressed on an ad-hoc basis, as and when information / intelligence is received, which is minimal.

4.1.4 National Cooperation

In Benin, cooperation and collaboration between agencies appear to be good at the local level at ports, airports and land borders where officials meet regularly to discuss aspects of law enforcement issues, including wildlife trafficking. The multi-agency attendance at many of the assessment team’s interviews


attests to this, and there appears to be no reluctance to discuss their work areas in a mixed audience. However, there seem to be no formal inter-agency structure at national level where cooperation to tackle wildlife poaching and trafficking is addressed. There is currently minimal information sharing between the HQ level and/or INTERPOL and the land border, seaport or airport, even though the wildlife authority has officers posted there.

Mr. Ibrahima Sero Madougou from the airport management authority told the assessment team that his security staff were aware of the need to alert the wildlife authority if they come across wildlife/wildlife products during security searches, and had done so on a few occasions, although there was no mention of what species were involved. The staff have not received any training but always cooperate with other agencies.

4.1.5 International Cooperation

International cooperation amongst national law enforcement agencies to combat wildlife crime occurs occasionally on an ad-hoc basis, usually when another country has made a seizure of illegal wildlife and shares the information or requests Benin authorities to follow up with an investigation. There is some sharing of information during trainings and workshops involving other countries.

There are no specific wildlife enforcement treaties between Benin and other countries apart from ECOWAS treaties covering issues such as money laundering and extradition. Prosecutors in the various regions share information and, in some instances, receive information from other countries. Prosecutors in different regions share information and, in some cases, receive information from other countries. The prosecutor interviewed cited an example whereby a French Court contacted him regarding a case with reference to a 1974 treaty between France and Benin. He conducted an analysis and supplied the information to France but there was no feedback from them.

There have been no cross-border multi-agency wildlife trafficking/poaching investigations. Law enforcement authorities require adequate training to initiate such investigations. CAAT at the airport stated that they currently have contact with over 60 other international airports, but it is doubtful they share information related to wildlife crimes on a proactive and not reactive basis. INTERPOL should also take a leading role in international cooperation but does not have a dedicated wildlife desk at the NCB office in Cotonou. Therefore, not much information, if any, is relayed to law enforcement agencies.

4.1.6 Strategic Risk Management

Risk management practices to combat wildlife trafficking are often constrained by a lack of resources (e.g., human, financial, and technical) and overall capacity. Ideally, risk management should be used to identify high-risk activities, locations as well as individuals and to target operational enforcement planning and the implementation of measures to combat wildlife trafficking. Strategic risk management helps to determine where the greatest areas of exposure are and where resources should be allocated to effectively manage these risks. Risk management can also assist in the identification of activities that require a higher level of control.

In Benin, strategic risk management practices are sometimes used by law enforcement agencies but are constrained by the lack of knowledge and information. CAAT and JCCU at the Cotonou airport and seaport, respectively, use risk analyses when targeting all types of trafficking, including wildlife, but require


additional training regarding profiling, risk analysis and detection. Officers manning the container scanners at the border and seaports have no wildlife identification/detection training. Their priority is primarily customs and excise duties, then weapons and narcotics trafficking.

4.1.7 Proactive Investigations

Proactive investigations to target prominent wildlife trafficking threats and pre-identified targets, groups and individuals are not used by law enforcement agencies. They use reactive methods.

The catalyst role in wildlife trafficking investigations is mainly played by the NGO Nature Tropicale with the support of the Enforcement of the Laws on Fauna and Flora in Benin (AALF-B) project. This project, supported by its technical and financial partners, including Eco-Activists for Governance and Law Enforcement (EAGLE), identifies suspects and carries out activities to collect information, organize operations with law enforcement agencies (foresters and police), ensure legal follow-up and communication to raise public awareness on regulations and strengthen environmental education at the grassroots level.

Government law enforcement agencies have a legislative mandate to conduct proactive investigations but focus primarily on the lower levels of the wildlife trafficking supply chain.

Few prosecutors have received some basic wildlife awareness training but there is a need for all prosecutors mandated to prosecute wildlife crimes to receive CITES and wildlife organized crime training with a focus on multi-agency investigations.

4.1.8 Staffing, Recruitment and Law Enforcement Training

The wildlife authority, including the CAAT and JCCU, has a 3-year staff rotation policy resulting in less experienced, professional, technical, investigative and administrative staff required to sustain proactive wildlife investigations and enforcement. There is no routine CITES or illegal fauna and flora training at exit/entry points for Customs, Police, scanner/x-ray personnel or other frontline officers who are mandated to make illegal wildlife detections/seizures.

Wildlife trafficking is not included in the training schools of new entrants in any of the law enforcement agencies. Apart from some of the officers at the airport, frontline officials have not received any training on wildlife trafficking/CITES.

The CAAT team, which usually focuses on combatting narcotics trafficking, recently underwent training funded by the Elephant Crisis Fund and led by Zoological Society of London conservation law enforcement specialists which covered areas such as evidence-gathering, profiling techniques, human rights and wildlife product recognition. They facilitated the seizure of 500 kg pangolin scale seizure soon after, underscoring the need for good quality training for all enforcement personnel at the borders.

Several Benin officials including customs officers as well as Captain Ulysse Korogone and Captain Zoulkifli Denis Aremou of the Water and Forests Directorate attended a train-the-trainer event organized by Born Free USA. However, it was noted that it was very difficult to hold training events without funding and appropriate materials. The authority in charge of CITES has drawn up a sensitization plan, but this is on hold now until funding can be secured.


4.2 DETECTION OF WILDLIFE TRAFFICKING BY LAW ENFORCEMENT AGENCIES

4.2.1 Targeted Enforcement Presence

Benin is in a better position than some ECOWAS countries visited by the assessment team in terms of enforcement capability. Whilst the country still has some way to go to be effective in all areas, it has multi-agency transnational investigation units such as CAAT and JCCU that are willing to tackle wildlife trafficking. These two multi-agency units have wildlife authority officers and trained intelligence officers assigned to them. They have the capacity to target traffickers and wildlife smugglers passing through the port but are hampered by the 3-year staff rotation policy and insufficient training. Although they target the middle and higher levels of illegal wildlife trafficking, they have no capacity to investigate and hand over cases for follow up to the appropriate agency.

Outside of the seaport and airport, there is little in the way of a targeted presence for wildlife trafficking. Collaboration amongst the various agencies at the border posts seems to be good and this should be developed into a national strategy for combatting wildlife crime, including the participation of NGOs.

4.2.2 Joint Supportive Operations

A multidisciplinary law enforcement operation is one that involves officers from all relevant enforcement disciplines as appropriate (e.g. officers from police, customs, and the Water and Forests Directorate, wildlife regulatory authority/authority in charge of CITES). Operations can be subnational, national, or international in scope; “infrequent” operations can mean as seldom as once every two years.

In Benin, even though the various agencies collaborate to a certain extent there are no formal wildlife joint operations conducted apart from at the official border crossings where the police, Customs and the wildlife authority conduct searches on vehicles crossing the border. CAAT and JCCU are multi-agency units, and therefore are accustomed to working together.

4.2.3 Border Control Staff

This indicator measures the extent to which ports of entry and exit are staffed with law enforcement officers who are aware of and trained in detecting and responding to wildlife crime. In Benin, there are wildlife officers based at the airport and seaport and at the border to deal with any wildlife issues that occur, however officers from the various other agencies working at these stations do not have any wildlife training or knowledge of this area. There is a need for more knowledge about the CITES Appendices and the identification of species.

4.2.4 Border Control Equipment

There are scanners at the airport, seaport and Sèmè-Kraké border control post, however the assessment team is doubtful that all border control posts have this tool in place to assist them.

There is currently a sniffer dog project being implemented by IFAW in Benin. The assessment team spoke to Frédéric Chappée, the onsite project manager for training the dogs, who explained that there were 8 dogs currently being trained to detect pangolin scales and ivory. They will be working at the seaport and


airport. It is a two-year pilot project which, if successful, will be extended to other countries in the region, with Benin as the center for training in West Africa. The dogs will fall under the jurisdiction of Wildlife, but Mr. Chappée noted that they are currently having difficulty in finding volunteers to serve as dog handlers.

There are no informational materials at border posts, such as posters, to help educate the public passing through about wildlife crime.

4.2.5 Powers of Inspection, Seizure and Disposal of Confiscated Wildlife Specimen

In Benin, all the relevant agencies have the necessary powers of inspection, seizure and confiscation to fulfil their law enforcement roles effectively. At the meeting with General Aristide Adjadémè of the wildlife authority, he referred to the seizure of 200 kg pangolin scales (presumably meaning the 500 kg seizure at the end of 2017) and a large quantity of illegal charcoal which had highlighted the problem of the lack of proper storage facilities. At the time, exhibits were being kept on the premises of the courts. He said that sometimes evidence is stolen, pointing to a need for secure and monitored storage facilities.

There are several seized containers and loose loads of timber, thought to be Pterocarpus erinaceus, within the compound of the Water and Forests Directorate offices.

4.3 WILDLIFE TRAFFICKING THOROUGHLY INVESTIGATED USING AN INTELLIGENCE-LED APPROACH

4.3.1 Investigative Capacity

Law enforcement agencies in Benin are reactive and not proactive when tackling wildlife crime. Investigations are mostly initiated by Eagle, an NGO which gathers evidence on offenses and then works alongside the wildlife authority and police to take the necessary measures. The wildlife authority certainly has the capacity and willingness to investigate wildlife cases but lacks the necessary skills when dealing with wildlife trafficking. More training is required in this area.

4.3.2 Information Management

In Benin, the CAAT and JCCU have a limited information management system which is not specific to wildlife crimes. Intelligence officers and data entry officers require training on CITES and wildlife trafficking investigations. Only the wildlife officers attached to these units have some form of wildlife trafficking training. They would also welcome training in managing information on wildlife trafficking.

4.3.3 Intelligence-Led and Follow-Up Investigations

Crime intelligence is information that is requested, gathered, compiled and analyzed in an effort to anticipate, prevent and/or monitor criminal activity. Crime intelligence is disseminated to direct and support effective law enforcement action, investigations and prosecution.

In Benin, intelligence-led investigations are mainly conducted Nature Tropical and not by law enforcement agencies. There is no central database for wildlife information/intelligence. Information is fractured and


kept with different agencies. Wildlife information analysis is not carried out for wildlife as law enforcement agencies lack the necessary skills.

During investigations, it is important to ensure that computers, phones and documents are scrutinized and foreign enquiries carried out, if necessary. Benin law enforcement agencies do not conduct follow-up investigations to the extent they should. They seem motivated to do so but lack the knowledge and capacity to conduct these types of investigations themselves. They have no formal investigation training especially in cross-border trafficking crime.

4.4 SPECIALIZED INVESTIGATIVE TECHNIQUES USED TO COMBAT WILDLIFE TRAFFICKING

4.4.1 Use of Specialized Investigative Techniques

Specialized investigation techniques such as domestic and international controlled deliveries, use of tracking devices and covert operations against wildlife trafficking have not been used by national law enforcement agencies in Benin to combat wildlife trafficking, according to most law enforcement agencies. However, it is highly probable that Nature Tropicale has conducted some covert operations which the law enforcement agencies have benefited from. There is legislation in Benin for the use of specialized investigative techniques, but they do not have the capacity to conduct them as they have received no training.

4.4.2 Forensic Technology and Financial Investigations

In Benin, the special investigation units (for example the financial crimes unit) have forensic capability for fingerprints etc., but Benin does not have a forensics laboratory within country. They have limited knowledge on evidence collection on wildlife crimes and would welcome some training in this area. The country closest to Benin with some form of forensics laboratory is Ghana. There may be a possibility of Ghana extending support to Benin.

Benin has a law that allows for asset forfeiture, but this has never been used in wildlife crime investigations. The law enforcement agencies do not conduct financial investigations in their wildlife cases.

4.4.3 Use of Criminal Law

Benin enacted a new penal code in June 2018. Article 449 of the penal code provides that any association with a view to committing a crime constitutes a misdemeanor. Any person who participates in such an association is liable to imprisonment for 5 to 10 years. Benin’s penal code also extends to complicity and defines the term “accomplice” as any person who facilitates the commission of an offense, or who uses promises, gifts, threats, orders, abuse of authority, or instructions to commit an offense.

Benin does not appear to have issued sentencing guidelines for wildlife offenses. However, the Benin Penal Code provides that where an offense is punishable by imprisonment, confiscation of objects used to commit the offense that are the proceeds of an offense may be ordered. This could allow for the confiscation and recovery of property related to wildlife offenses.


The penal code also provides for penalties for certain wildlife crimes, essentially repeating the penalties provided for in wildlife, forestry and fisheries legislation.

4.4.4 Prosecutorial Capacity, Case File Preparation, Case Clearance Rate and Administrative Penalties

Some frontline officials have received case file preparation training but there is a need for further training. The current case file building and presentation is basic. Prosecutors instruct and guide investigation officers from the start of an investigation but due to the number of cases and the lack of manpower case file preparation standards are low.

The assessment team have not been made aware of many cases of wildlife crimes, so it is not possible to assess the case clearance rate. Administrative penalties are sometimes served by the Court. For example, in 2012, a person was arrested for not holding a fishing permit and was given a fine. The sentence could have been 6-12 months of imprisonment, but a fine was imposed.

During a meeting with prosecutors, the assessment team was informed by Mr. Alexis Metahou that there are 14 regional prosecutors in 12 regions who deal with all crimes including wildlife. Some prosecutors have just last year received training by U.S. prosecutors facilitated by the U.S. Embassy and three have received fauna awareness training at ILEA Gaborone, Botswana.

4.4.5 Prosecution Guidelines

Prosecutors give wildlife authority officers the authority to investigate and are involved with the investigation from the start, however Wildlife officers require approval from a prosecutor before they start an investigation. This does not apply to civilians (i.e. NGOs). However, there is a lack of awareness among prosecutors, therefore wildlife offenses are not always treated as a serious crime.

The prosecutor participating in the assessment interviews raised some concerns about some NGOs in that they use questionable infiltration techniques to catch poachers. The poacher did not have ivory at that time, so he killed an elephant. When the poacher handed over the ivory he was arrested. NGOs also use the media to cover these activities, obliging the prosecutors to act.

The prosecutor interviewed stated that NGOs do not have MoUs with the Benin government, apart from Nature Tropicale which does seem to have one.


5.0 CONCLUSIONS AND RECOMMENDATIONS

The analysis of procedures at entry points and the capacity of national wildlife enforcement agencies to tackle wildlife crime provides the basis for this final part of the report. This section focuses on the identification of trafficking routes and the formulation of key recommendations to intensify the fight against wildlife trafficking in Benin.

5.1 TRAFFICKING ROUTES AND SEIZURES

Benin is both a source and transit country for the illegal wildlife trade. The porous 800 km border with Nigeria has many illegal crossings and adds to the challenges of law enforcement.

Illegal hunting for the purpose of trafficking remains the most immediate threat against strictly or partly protected animals in Benin. Species targeted by poachers are mainly elephants, big cats, pangolins, monkeys, antelopes, parrots, sea turtles and marine mammals. Wildlife poachers operate in the north of the country around the Pendjari Park and W Park. Moreover, Cotonou is a major transit for smuggling wildlife products from other countries because it has an autonomous seaport and an international airport. Low levels of law enforcement and limited resources available to enforcement agencies has spurred the growth and expansion of wildlife trafficking networks.

There have not been many significant seizures of wildlife in Benin, but early 2018 a seizure of approximately 500 kg was made at Cadjehoun Airport, Cotonou by the CAAT team. Four men were arrested and 23 bags of pangolin scales were seized in an operation that also exposed a previously unidentified smuggling route for wildlife traffickers. Other recent seizures include:

10/10/2019 – 2 traffickers caught trying to sell 4 elephant tusks in the city of Djougou. On 20/11/2019 they were sentenced to 36 months’ imprisonment and a fine of CFA 500,000;

27/09/2019 - 3 persons arrested for trying to sell four pieces of ivory weighing 26.5 kg in Banikoara, a city located in the Alibori region in northern Benin

11/06/2019 – 6 arrested in Cotonou for trafficking 4 tusks ;

14/06/2019 – 5 suspected traffickers arrested in Parakou in possession of 4 kg of ivory

15/04/2019 – 3 persons arrested trying to sell 3 ivory tusks in Cotonou

Additional information provided by DGWFH on seizures can be found in Annex 4.

5.2 CHALLENGES RAISED BY PARTICIPANTS

Challenges raised by stakeholders interviewed during the assessment are summarized below.

Lack of training is a major factor constraining law enforcement agencies. There has been sporadic training of some individuals and the CAAT unit at the airport, but there is nothing substantive and sustainable for


the future. This also applies to the judiciary, which from the assessment team’s discussions, has a lot of interest in the subject but low awareness of the issues.

Porous borders make law enforcement very difficult. Customs explained that smugglers can simply avoid border posts and use unofficial routes through villages to cross the borders. Customs officials do go on patrol but have little luck in stopping smuggling through these routes.

Lack of any information/intelligence on wildlife trafficking in all agencies results in little being done, as they do not know where and what to look for.

The fisheries authority has a significant challenge as it has no boats to proactively detect illegal fishing. Instead, they have to request the navy’s help which, because of the procedure involved, often means that they are too late to act. The NGO BEES confirmed this and said Chinese boats were fishing illegally in Benin waters, but are able to sail away scot-free.

Interference by local politicians after arrests of suspects means that cases either do not get to court or low penalties are imposed.

Prosecutors said there have been many cases of elephant poaching in the northern region, and that rangers are not fully aware of the risks and dangers they are taking whilst performing their duties. Recently, a wildlife authority ranger was killed while trying to arrest poachers. Prosecutors stated that rangers require risk management training, especially when conducting enforcements and arrests.

There have been problems with Pendjari Park, which is being managed by African Parks. The management of the park is much rigorous and local communities no longer have access to it. There have been incidents with local communities rising up, even as recently as during the assessment.

5.3 KEY RECOMMENDATIONS

The overall conclusion of the assessment team is that Benin is both a source and transit country for illicit wildlife products. Enforcement agencies generally consider combatting wildlife trafficking a high priority in their work areas, and there are positive initiatives such as the attachment of wildlife personnel to the CAAT at the airport and the JCCU at the port (which is not always the case in West Africa). Another positive development came from the Customs Administration, which informed the assessment team that in 2020, CITES will be introduced into the customs training curriculum for new entrants.

However, weaknesses remain in the fight against wildlife crime in Benin.

The lack of training in all areas and by all agencies was one of the main issues raised at most meetings, in addition to lack of information/intelligence.

The prosecutors the assessment team met were very pro wildlife and are doing their best to influence their peers to take it more seriously and look for higher sentences. There have been some good sentences given by judges, but the application is patchy and requires more awareness training in all areas of the judiciary.

Based on the discussions held with stakeholders, the assessment team puts forward the following recommendations in support of the Benin authorities’ desire to improve their capacity to combat wildlife trafficking:


As with all the countries visited to date, a national strategy for tackling wildlife crime is required and should be linked to the regional one. The strategy should include poaching as well as trafficking. It will be necessary to get all the key organizations to endorse the strategy and it should clearly define their respective role.

Focal points must be appointed in all administrations in Benin that are/should be involved in tackling wildlife crime, so as to establish a platform where planning meetings can be organized and information can be shared and disseminated.

Sustainable capacity building programs (train the trainer trainings) should be implemented in all law enforcement agencies that could/should be dealing with wildlife crimes. Basic field training for rangers is necessary and should include basic first responder crime scene preservation, chain of custody evidence modules as well as health and safety awareness. Capacity building should involve all ranks and adapted individual agencies as well as cross-agency training. Agencies to be included should be the wildlife authority, Police, local INTERPOL NCB, Customs, Fisheries, seaport and airport authorities.

Water and Forests Directorate officials have trained some of their field officers and local communities on the back of the recent train-the trainer event held in Benin, however they have mentioned lack of financial resources for not being able to expand the training program they have developed. The assessment team suggests that if Benin can provide a fully costed plan for carrying out enforcement training in line with the above recommendations, efforts should be made to secure the necessary resources, both monetary and otherwise, to facilitate the implementation.

Capacity building in specialized national and cross border intelligence driven investigation should be initiated for existing specialized units such as the Anti-Corruption Unit, Economic & Financial Investigations Unit.

Wildlife and Forestry officers are currently based at the major border points, including the airport, seaport and major land borders. A ‘hot line’ should be set up so an officer can respond at short notice to the other points of entry/exit where there is no qualified officer in situ.

With the increasing number of marine species and freshwater species being listed under CITES, it is important that the fisheries authority is included in the national strategy for tackling wildlife crime, and that all their officers undergo CITES training, particularly to strengthen their ability to identify CITES-listed species. The fisheries authority has very little enforcement capability due to lack of equipment (i.e. boats and satellite tracking system) and requires assistance to address this problem.

The prosecutors interviewed indicated that low penalties were being given because of a lack of knowledge about wildlife trafficking by the judiciary. It is important that awareness training is provided to all those involved in the judicial system, including prosecutors and judges.

Sensitization of policy makers is an important first step to make them understand the importance of the work to the country and hence their buy-in to the program.

There needs to be stronger enforcement of laws at entry and exit points, particularly at airports and ports which traffickers use to smuggle out wildlife products. Establishing a network of customs officers trained to a higher level at all entry/exit points should be considered. There are many tasks they could undertake including:


• Acting as a link with front line officers and keeping them updated on any latest trends, assisting them with identifications, etc.;

• Liaising with their colleagues in the network and ensuring new information is shared;

• Ensuring detections are made using the methodology agreed with stakeholders and acting as the liaison point in such cases;

• Keeping abreast with trends / modus operandi and updating colleagues;

• Dealing with confiscated specimens using agreed procedures.

NGOs identified that public sensitization is needed so that communities and the public know which species are protected and what the laws are. Currently, most people are not aware that they are breaking the law when they sell/buy animals/products. Public awareness should be a major activity within the national wildlife strategy. Resources such as posters/fliers and other educational materials will need to be funded and expert assistance must be provided in planning how best it can be achieved. For example:

Banners/posters displaying protected animals and prohibited wildlife products should be posted in the international airport’s arrival and departure halls and at land border posts. Billboards depicting species that are banned from hunting/trade and messages such as “Wildlife Trafficking is a Crime; Offenders Will be Prosecuted” could also be strategically placed at the border crossings.

An awareness program similar to the USAID funded Reducing Opportunities for Unlawful Transport of Endangered Species (ROUTES) program could also be initiated in West Africa airports.

The number of wildlife products on sale in Dantokpa market was substantial and included an array of Appendix I species. The assessment team feels that while culturally it may be a sensitive area to enforce laws, there is the need to consider engaging with stall holders and their spokespersons about the legality of selling Appendix I specimens and the need to obtain CITES permits for those imported from outside Benin.

Education in schools is important, as pointed out by some of those interviewed. A strategy for how this can be done with funding for educational materials should be considered.

A protocol should be developed on how to deal with confiscated goods and their eventual disposal. Currently, it seems there is no secure storage facility where to keep seized goods and specimens kept as evidence have reportedly gone missing. There is an urgent need to establish a proper secure storage area where all non-live seizures can be held and a transparent protocol needs to be established to cover all confiscations including live animals, derivatives and plants (timber).


REFERENCES https://eagle-benin.org

https://eagle-benin.org/2019/09/



https://eagle-benin.org/





ANNEX 1: SUMMARY OF COMMERCIAL TRADE IN WILD SPECIMENS FROM BENIN Summary of commercial trade in wild specimens from Benin between 2000 and 2017 according to the CITES Trade Database.

Class Latin Name Common Name CITES Status

Commercial Trade

BIRDS Agapornis pullarius Red-headed lovebird II 50 live

Balearica Pavonina** Black crowned crane II 10 live

Bubo lacteus Verreaux’s Eagle-owl II 10 live

Eupodotis senegalensis White-bellied bustard II 10 live

Falco tinnunculus Common kestrel II 4 live

Ploceus cucullatus* Black-headed weaver III 50 live

Poicephalus senegalus Senegal Parrot II 60 live

Psittacula krameria* Rose-ringed parakeet III 100 live

Psittacus erithacus** Grey Parrot II 84 live

Serinus leucopygius* White-rumped seedcracker III 10 live

Serinus mozambicus* Yellow-fronted Canary III 10 live

Tauraco corythaix Knysna turaco II 50 live

REPTILES Alligator mississippiensis American alligator II

100 leather products (small)

Centrochelys sulcata African spurred tortoise II 110 live

Chamaeleo africanus African chameleon II 100 live

Chamaeleo gracilis Graceful chameleon II 2,523 live

Chamaeleo senegalensis Senegal chameleon II 5,795 live

Chamaeleo spp. II 62 live

Chersina angulata angulate tortoise II 10 live

Gongylophis muelleri Müller’s sand boa II 30 live

Kinixys belliana Bell’s hinge-back tortoise II 700 live

Kinixys erosa Forest hinge-back tortoise II 1,132 live



Commercial Trade

Kinixys homeana Home’s hinge-back tortoise II 2,148 live

Pelomedusa subrufa * African helmeted turtle III 1,983 live

Pelusios adansonii * Adanson’s mud turtle III 18 live

Pelusios castaneus* West African mud turtle III 50 live

Pelusios gabonensis* African forest turtle III 36 live

Pelusios niger * West African black turtle III 641 live

Python regius Royal python II 62,857 live

Python sebae African Rock Python II 291 live

1,464 skins

Trionyx triunguis*** African softshell turtle III 7 live

Uromastyx acanthinura Bell’s dabb lizard II 800 live

Uromastyx dispar Sudan mastigure II 5719 live

Uromastyx geyri Saharan spiny-tailed lizard II 16,011 live

Uromastyx spp. II 600 live

Varanus exanthematicus Savannah monitor II 13,544 live

Varanus niloticus Nile monitor II 6,287 live

250 skins

MAMMALS Cercopithecus mona Mona Monkey II 25 live

Civettictis civetta African civet III 85 live

Galago demidoff Prince’s Demidoff’s bushbaby II 35 live

Galago senegalensis Senegal bushbaby II 39 live

Hippopotamus amphibius Hippopotamus II

23 teeth

3 trophies

Hydrictis maculicollis Spotted-necked otter II 28 live

Leptailurus serval Serval II 12 live

Manis spp.** II 10 live

Manis tetradactyla** Long-tailed pangolin II 1 live

Manis tricuspis** Tree pangolin II 15 live

Panthera leo Lion II 1 trophy

Papio anubis Olive baboon II

1 live

2 skulls

16 trophies

Perodicticus potto Potto II 28 live

Tursiops truncatus Common bottlenose dolphin II 4 live



Commercial Trade

PLANTS Aloe buettneri II 100 live

Aloe spp. II 430 live

Euphorbia baga II 350 live

Euphorbia poissonii II 830 live

Euphorbia unispina II 200 live

Euphorbia venenifica II 950 live

Pterocarpus erinaceus African rosewood II

19,961.55 m3 logs

18 kg sawn wood

16,200.437 m3 sawn wood

1,624 timber

MARINE

Scleractinia spp. Stony corals II

500 kg live

500 live

500 raw corals

Tubastraea coccinea Sun corals II 100 live

ANTHROPODS Pandinus imperator Emperor scorpion II 22,252 live

Source: CITES Trade Database

* species was listed in Appendix III at time of export but is no longer listed in CITES

** species was listed in Appendix II at the time of export and is now listed in Appendix I

*** species was listed in Appendix III at the time of export and is now listed in Appendix II


ANNEX 2: SCHEDULE OF THE ASSESSMENT September 2–Cotonou

• Water, Forests and Hunting Directorate (CITES management authority)

• General Directorate of Customs

• Forest and Natural Resources Directorate

• Cotonou Airport

September 3--Cotonou

• INTERPOL National Central Bureau

• National General Directorate of Police

• Seaport of Cotonou

• Transporters /transport zones/container road terminals

September 4—Sémé-Kraké (border with Nigeria)

• Meetings with customs and border officials at Sèmè-Kraké

• Visit to Dantokpa market

September 5—Hilla-Condji (Togo border)

Meetings with customs and border officials at Hilla-Condji

Key markets in Grand Popo

September 6---Cotonou

• CENAGREF

• Meetings with judiciary (prosecutors/judges)

• Meetings with NGOs and local stakeholders

• Visit to Vallee Du Sitatunga

September 7---Cotonou

Debriefing with the management authority, departure of the experts


ANNEX 3: LIST OF PARTICIPANTS INTERVIEWED This information has been redacted in compliance with ADS 508.


ANNEX 4: LIST OF SEIZURES IN BENIN CASE1 Date and Place of

Operation Agency

Responsible PRODUCTS SEIZED (number or weight)

PENALTY (where known)

12/08/2014/Cotonou DGEFC 30kg of ivory

22/08/2014/Tanguiéta Penjari Park Directorate

56kg of ivories (11 points)

23/08/2014/ Tanguiéta Penjari Park Directorate

Two(02) weapons

20/10/2014/Cotonou DGWFH 03 Freshwater turtles (cyclanorbis) ,01 Dreadnought crocodile

(Osteolaemustetraspsis); 01 Royal Python

05/12/2014/Cotonou DGWFH 03 Panther skins; Pangolin remains; Sebae Python; Statunga skins

11/02/2015/Cotonou DGWFH 38(34 Freshwater turtles; 04 Battleship crocodiles) and sitatunga skins

13/03/2015/Djougou CIF Djougou

151 trophies (3 Cape ginet skins, 1 Damaliscus skin, 6 Statunga skins, 3 crocodile skins, 95 chameleon specimens, 3 crocodile heads, 09 turtle shells, 2 elephant bones, 1 deptas skin, 3 jackal skins, 2 sebaceous python skins, 1 pair of bushbuck horn, 1 lion cub head, 1 hornbill skin, 1 zebra head, 1 hornbill body, 1 zebra head, 2 elephant bones, 1 deptas skin, 3 jackal skins, 2 sebaceous python skins, 1 pair of bushbuck horn, 1 lion cub head, 1 hornbill skin, 1 zebra head,

30/04/2015/Ouègbo CIF Atlantique 124 pythons

23/07/2015/Porto- Novo CIF/ Porto- Novo

95 trophies (50 chameleons, 02 Leopards, 04 Genets, 04 Elephant hooves, 08 Sebae pythons, 03 Crocodile heads, 02 Crocodile skins, 02 Pangolins, 12 Harness bushbuck, 02 Antelope, 04 Spooks

1 The information in this column has been redacted in compliance with ADS 508.


CASE1 Date and Place of Operation

Agency Responsible

PRODUCTS SEIZED (number or weight) PENALTY (where

known)

28/07/2015/Pobè Forestry Station at Pobè

202 trophies (58 harnessed bushbuck , 10 Tiger Genets), 02 Sebae Pythons, 15 Chameleons, 01 Hartebeest ,02 Bubal Horns ?03 Common Civets, 13 Civets, 04 Red-fronted Gazelles, 01 Horn hipportragus, 10 Patas)

07/08/2015/Cotonou DGWFH 15 Sea turtle shells (Lepidochelysolivacea-Olivaster)

02/09/2015/ Ouidah Poste forestier d’Ouidah

14 Sea turtle shells (Lepidochelysolivacea-Olivâtre and Chelonamydas-Verte)

12/09/2015/Grand popo - 26 Sea turtle shells (Olive Ridley)

29/10/2015/Cotonou DGWFH 25kg of ivory, i.e. a pair of elephant tusks cut into four pieces

09/12/2015/ Cotonou CIF Abomey Calavi

393,9 kg of ivory

6.5kg (unidentified material in the form of pellets)

18/02/2016/ Kandi CIF Kandi 10,5 of ivory

25/02/2016/ Dassa-Zooumè

CIF Dassa- Zoumè

48 trophies (10 tiger genet skins), 15 situnga skins, 01 elephant jaw, 02 pieces of elephant skin, 03 pairs of warthog teeth, 06 elephant ribs, 01 elephant trunk, 01 small pieces of ivory, one elephant bone, 01 hippopotamus jaw, 01 hippopotamus foot, 01 sebae python skin + 02 naja baby skins)

11/05/2016/ Cotonou DGWFH 70kg of ivory

42525 DGWFH 17kg of ivory

16/06/2016/Porto-Novo CIF/ Porto- Novo

8 Sea turtle shells (Lepidochelysolivace),

04/07/2016/ Cotonou DGWFH

Ivory art piece (17 Fine bracelets 03 Bracelets, 02 Statuettes, 02 Antique large bracelets, 21 Ivory scraps, 03 Earring), Hippopotamus (01Small Loop necklace, 52 Hippopotamus scraps), Camel (02 Antique Crocodiles)

03/10/2016/ Cotonou DGWFH 03 tips and 02 pieces of Ivory (12.3kg)



Agency Responsible


known)

22/10/2016/Kandi CIF Kandi 2 small pieces of ivory of about 3.2kg

27/10/2016/Aplahoué Aplahoué Forestry Station

A piece of ivory weighing about 2kg.

11/11/2016/Natitingou Penjari Park Directorate

Two points of elephant ivory with a total weight of 13.5kg

04/12/2016/ natitingou Penjari Park Directorate

9,5kg of buffalo meat

22/12/2016/Parakou CIF Parakou 18 skins of protected species (11 of crocodiles, 02 of sebae pythons and 05 of monitor lizards)

25/01/2017/Cotonou DGWFH 16 Olive Ridley turtle shells (from non-scientific (Lepidochelysolivacea-

28/03/2017/Parakou CIF Parakou Four points of ivory with a total weight of 14kg

26.04.2017 CIF Dassa- Zoumè

Two live pangolins and a monkey (baboons)

04/07/2017/ Kandi CIF Kandi Four ivory tusks with a total weight of 21 kg

11/08/2017/Natitingou Penjari Park Directorate

Fourteen ivory tusks with a total weight of 24kg

30/10/2017/ Cotonou DGWFH 2 Ivory spikes with a total weight of about 3 kg

30/11/2017/ Djougou CIF Djougou 2 Ivory spikes of about 2 kg

06/12/2017/Ouidah poste forestier d’Ouidah

2 Ivory spikes of about 2 kg

19/03/2018 Aéroport DGWFH /DPJ 513 kg of pangolin scales

11/06/2018 Cotonou DGWFH /DPJ 4 Ivory spikes with a total weight of about 6 kg

13/06/2018 Parakou CIF Borgou 4 Ivory spikes with a total weight of about 3.46kg



Agency Responsible


known)

14/08/2018 Kandi W Park Directorate

8 elephant ivory spikes with a total weight of 20kg 60 months suspended sentence + 300,000 CFA fine

26/09/2018 Cotonou DGWFH /DPJ Three pieces of elephant ivory with a total weight of 20.75kg

10/10/2018 Cotonou DGWFH / DPJ 82 pieces of elephant ivory weighing a total of 267 kg

13/02/2019 Comè CIF Lokossa 04 skins (01 panther skin and three crocodile skins)

15.04.2019 DGEFC 3 Elephant ivory spikes with a total weight of 3.38 kg

13/06/2019 Djougou CIF Donga 3 Elephant ivory spikes with a total weight of 3 kg

27/06/2019 Kandi W Park Directorate

02 elephant ivory bridges with a total weight of 3 kg 2 persons 48 months, 1 person 36 months + 500,000 CFA fine + 1,500,000 CFA jointly for damages (AALF Benin)

30/07/2019 Azovè CIF Lokossa (Azovè Forest Station)

57 skins (12 sitatunga, 02 genets, 16 black-fronted duikers, 19 Harnessed bushbucks, 02 crocodiles, 01 sebae python, 01 monkey and 04 others undetermined)

24 months (AALF Benin)



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understanding threats to west african biodiversity and linkages ...

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