Introduction
Wildlife trafficking is a significant and growing global concern that threatens biodiversity, undermines conservation efforts, and strengthens illegal economies. The illicit wildlife market, estimated to be worth USD 20 billion annually, is driven by organised crime involved in poaching and illegal trade.[1] According to INTERPOL, Illegal wildlife trade has become one of the ‘world’s largest criminal activities’.[2] Kenya, with its rich and diverse wildlife, is both a critical habitat for endangered species and a focal point for wildlife trafficking activities. The illegal trade in wildlife not only targets species such as elephants and rhinos but also has broader ecological, economic, and security implications.[3]
The Kenyan government imposed a ban on game hunting (excluding birds) and trophy hunting in 1977.[4] However, illegal wildlife trade persisted in secret, facilitated partly by governmental corruption and security weaknesses at border points, airports, and the Kilindini Port in Mombasa. Even though countries try to stop poaching and illegal trade, wildlife crime crosses borders and needs strong international cooperation. Working together across borders, sharing intelligence, and conducting joint enforcement operations are crucial to breaking up wildlife trafficking networks that span multiple countries. With 47,359 square kilometres (8% of Kenya’s total land area)[5] to be protected in Kenya from wildlife trafficking, one can imagine that this task must require national, but also international cooperation. Therefore this article discusses how national and international cooperation influences the fight against wildlife trafficking in Kenya and the strategies planned in the near future to strengthen these efforts.
Background: The Definition of Wildlife Trafficking and Wildlife Trafficking Activities in Kenya
Wildlife trafficking has no universally accepted definition, so jurisdictions may differ in their use of terminology. International organisations such as INTERPOL and The United Nations Office on Drugs and Crime (UNODC) however use the term wildlife and forest crime to refer to the ‘taking, trading (supplying, selling or trafficking), importing, exporting, processing, possessing, obtaining and consumption of wild fauna and flora, including timber and other forest products, in contravention of national or international law’.[6] Since this is widely used internationally, this is the definition that will be referred to in this article.
Kenya serves as both a source and transit point for trafficked wildlife species in East Africa. The demand for products like ivory, rhino horns, and other animal parts in international markets, especially in Asia, fuels these illegal activities such as in the Maasai Mara and Tsavo landscapes (as well as the Greater Amboseli and the Laikipia-Samburu landscapes).
Asia's economy is expanding, and with it, so is the demand for Africa's natural resources, which include its wildlife and wildlife-related products.[7] Kenya’s strategic location and developed transport infrastructure make it a pivotal point for transnational wildlife crime.
Corruption and ineffective leadership have made the problem worse.[8] Persistent poverty has made it easier for organised criminals to enforce, bribe, and recruit residents as well as underpaid law enforcement, military, and wildlife rangers to commit wildlife crimes. Criminals also employ various methods for poaching and trafficking, including the use of ranches and community conservancies as cover.[9] Not only are the lives of animals at stake when protecting wildlife from illegal trade, but also the lives of the people protecting them.
According to INTERPOL, up to 100 rangers globally are killed by poachers annually while protecting wildlife in their natural habitats.[10]
Kenya’s National Legal Measures to Combat Wildlife Trafficking
Kenya has put in place several legal strategies to fight wildlife trafficking, acknowledging the significant harm this crime inflicts on its biodiversity and economy. This involves strict legislation, dedicated agencies, and efforts to collaborate internationally.
In 2013, the Wildlife Conservation and Management Act (WCMA) was enacted as the cornerstone of Kenya’s wildlife protection laws. This Act provides severe penalties for wildlife crimes, including life imprisonment and hefty fines for poaching endangered species.[11]
The Kenya Wildlife Service (KWS) is the primary agency responsible for enforcing wildlife laws. The KWS was established under the WCMA and is tasked with the preservation and management of Kenya's wildlife. KWS has numerous local, national, regional, and international partners.[12]
Operating under the Ministry of Tourism and Wildlife, KWS's main responsibility is to safeguard and manage the country's wildlife resources for the benefit of current and future generations.[13] They do this in several ways. Firstly they monitor wildlife populations, making sure their habitats are preserved. Additionally, they hire rangers and use advanced technology to fight poaching and trafficking. This involves monitoring, collecting intelligence, and quickly responding to poaching and trafficking activity. KWS also offers programs to educate the public about wildlife conservation, engaging local communities in sustainable practices. They involve locals in managing community conservancies, allowing them to benefit from tourism and conservation initiatives. Next to that, KWS conducts and supports scientific research to better understand wildlife ecology, behaviour, and health. Lastly, KWS responds to wildlife in distress, rescuing and rehabilitating injured or orphaned animals. KWS works closely with international organisations on these activities.[14]
International Agreements and Players Relevant to Wildlife Trafficking in Kenya
The illegal wildlife trade is prohibited under various national and international laws. As mentioned above, illegal wildlife trade is prohibited under the WCMA. Internationally, illegal wildlife trade is prohibited under the United Nations Convention against Transnational Organized Crime (UNTOC).[15] Kenya is a party to this Convention.[16]
Further, key international agreements like the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are essential for creating a global strategy to protect endangered animals and regulate wildlife trade. CITES, to which Kenya is a member party, is an international agreement aimed at ensuring that the trade of wild animals and plants does not risk their survival.[17] The Kenya Wildlife Service (KWS) is the primary authority responsible for the implementation and enforcement of CITES regulations in Kenya.[18]
When it comes to international institutions and organizations combating wildlife trafficking, one of the key players is the International Consortium on Combating Wildlife Crime (ICCWC), a collaborative partnership between five international organizations: CITES Secretariat, INTERPOL, the United Nations Office on Drugs and Crime (UNODC), the World Bank, and the World Customs Organization (WCO).[19] The ICCWC provides critical support to national governments by strengthening criminal justice systems and enhancing law enforcement capacities to tackle wildlife and forest crime.[20] As mentioned earlier, the KWS plays a crucial role in combating wildlife crime within Kenya, supported by international initiatives such as ICCWC.
The ICCWC has several key donors who provide essential funding and support to its initiatives. These differ between, government agencies (like the European Union and the USA), international organisations, and private donors.
The ICCWC's efforts help address 10 out of the 17 UN Sustainable Development Goals (SDGs) by mitigating the impacts of wildlife crime.[21] In 2021 the ICCWC launched a report, called the ICCWC Vision 2030, which outlines a collaborative effort to combat wildlife crime and promote a world free from its devastating impacts until 2030.[22] This cooperation enhances the capacity to combat transnational wildlife crime through shared resources, intelligence, and best practices. The ICCWC Vision 2030 report outlines five key outcomes that it aims to achieve in the fight against wildlife crime. Efforts to combat wildlife crime focus on several key strategies. Firstly, enhancing the ability of Member States to prevent such crimes involves making it more difficult to commit these offenses, reducing the incentives for engaging in wildlife crime, and raising awareness about its impacts.[23] Secondly, increasing deterrence measures aims to discourage individuals and organizations from participating in wildlife trafficking, thereby reducing the overall occurrence of these crimes.[24] Thirdly, improving detection capabilities for law enforcement and the criminal justice system is vital, and it should include better investigative techniques and reporting mechanisms.[25] Additionally, building the capacity to disrupt and apprehend criminals involved in wildlife trafficking effectively is crucial, requiring enhanced cooperation among enforcement agencies.[26] Lastly, promoting evidence-based actions and fostering collaboration among key stakeholders—such as national agencies, donors, and international initiatives—helps to amplify the impact of these efforts.[27]
The five main outcomes lead to 13 specific goals that ICCWC will target. The ICCWC Vision 2030 lays out a plan that will be carried out through two 4-year Strategic Action Plans (2023-2026 and 2027-2030). Until 2026, the ICCWC will work in different ways to contribute to the abovementioned outcomes of the ICCWC 2030 Vision. Efforts to reduce wildlife crime opportunities include implementing the ICCWC Toolkit and Indicator Framework in select countries to evaluate and enhance national responses to wildlife crime. Additionally, regional assessments are conducted to identify and address vulnerabilities in wildlife protection.[28]
To enhance the deterrence of wildlife crime, it is essential to support evaluations of wildlife crime risks in national assessments related to money laundering and terrorism financing, using tools designed to understand the drivers of such crimes. Strengthening legal frameworks and enforcement mechanisms is also crucial to increase penalties and deter wildlife crimes.[29]
Improving the detection of wildlife crime involves securing technical and financial support for the implementation of the ICCWC Toolkit and encouraging national authorities to adopt and implement action plans. Enhancing training programs and capacity-building initiatives for law enforcement agencies is necessary to improve their detection capabilities.[30]
Efforts to disrupt and detain criminals include strengthening cooperation among national, regional, and international law enforcement agencies, including the formation of regional enforcement networks. Convening regional meetings is also important to develop targeted responses to wildlife crime, facilitating information sharing and joint operations.[31]
Promoting evidence-based actions and fostering collaboration among stakeholders is vital. Producing comprehensive World Wildlife Crime Reports provides data and insights to inform policy and operational decisions. Developing and implementing ICCWC Roadmaps for priority countries offers strategic guidance and promotes collaboration among stakeholders.[32]
The ICCWC Vision 2030 and the short action plan for 2023-2026 support Kenya in several ways. An important aspect is the development of country roadmaps, which help identify countries, like Kenya, with specific needs and plan targeted activities to address wildlife crime effectively. The halfway result from the ICCWC 2030 Vision are expected in 2026.
Conclusion
Wildlife trafficking is a complex issue that spans across countries and continents, requiring strong international collaboration to address effectively. Kenya's rich biodiversity and strategic location make it a significant player in this global issue. Through national laws like the WCMA and the dedicated efforts of the KWS, the country has made substantial strides in combating this illicit trade. However, the complexity and transnational nature of wildlife crime calls for international cooperation. Organizations such as INTERPOL, the UNODC, and the ICCWC play important roles in providing resources, intelligence, and strategic frameworks to support national efforts.
The ICCWC Vision 2030 underscores the importance of a coordinated global response to wildlife crime, aiming to achieve significant reductions in these activities by 2030. With continued international support and effective implementation of strategic action plans, Kenya can strengthen its capacity to protect its unique wildlife heritage. The ongoing commitment to collaboration, education, and enforcement will be crucial in ensuring that future generations can continue to benefit from the country's extraordinary natural resources. The halfway mark in 2026 will be a critical milestone to assess progress and recalibrate strategies as needed, ensuring that the fight against wildlife trafficking remains effective and adaptive to emerging challenges.
Reference List:
[1] Interpol. 2023
[2] Idem
[3] TRAFFIC. Wildlife Protection and Trafficking Assessment in Kenya. May 2016
[4] Idem.
[5] Office of the Auditor-General. Effectiveness of measures put in place by KWS in protecting wildlife. June 2018
[6] United Nations Office on Drugs and Crime. (n.d.). Criminalization of wildlife trafficking.https://sherloc.unodc.org/cld/en/education/tertiary/wildlife-crime/module-3/key-issues/criminalization-of-wildlife-trafficking.html
[7] Adetunji. 2008
[8] Weru. 2016
[9] United Nations. 2014
[10] Interpol. (2023, March 30). Illegal wildlife trade has become one of the world’s largest criminal activities. https://www.interpol.int/en/News-and-Events/News/2023/Illegal-wildlife-trade-has-become-one-of-the-worlds-largest-criminal-activities
[11] WildlifeDirect. (2015). A guide to the wildlife act of Kenya (WCMA 2013)
[12] Kenya Wildlife Service. (n.d.). About us. https://www.kws.go.ke/about-us/about-us#
[13] Kenya. (2013). The Wildlife Conservation and Management Act, 2013. Kenya Law Reports.
[14] Kenya Wildlife Service. (n.d.). About us. https://www.kws.go.ke/about-us/about-us#
[15] United Nations. (2000). United Nations Convention against Transnational Organized Crime and the Protocols thereto. https://www.unodc.org/unodc/en/treaties/CTOC/index.html
[16] Idem.
[17] Convention on International Trade in Endangered Species of Wild Fauna and Flora. (n.d.). CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora. https://www.cites.org/sites/default/files/eng/disc/CITES-Convention-EN.pdf
[18] Kenya Wildlife Service. (n.d.). CITES implementation department. https://www.kws.go.ke/content/cites-implementation-department#:~:text=Kenya%20is%20a%20signatory%20State,of%20implementation%20of%20the%20Convention
[19] International Consortium on Combating Wildlife Crime. (n.d.). Who we are. https://www.iccwc-wildlifecrime.org/who-we-are
[20] Idem.
[21]International Consortium on Combating Wildlife Crime. (2023). ICCWC Vision 2030: Towards a world free of wildlife crime. p.11
[22] International Consortium on Combating Wildlife Crime. (2023). ICCWC Vision 2030: Towards a world free of wildlife crime.
[23] International Consortium on Combating Wildlife Crime. (2023). ICCWC Vision 2030: Towards a world free of wildlife crime. p. 17
[24] International Consortium on Combating Wildlife Crime. (2023). ICCWC Vision 2030: Towards a world free of wildlife crime. p. 18
[25] Idem
[26] International Consortium on Combating Wildlife Crime. (2023). ICCWC Vision 2030: Towards a world free of wildlife crime. p.19
[27] Idem.
[28] International Consortium on Combating Wildlife Crime (ICCWC). (2023). Strategic action plan 2023-2026. p. 5-7
[29] International Consortium on Combating Wildlife Crime (ICCWC). (2023). Strategic action plan 2023-2026. p. 7&8
[30] International Consortium on Combating Wildlife Crime (ICCWC). (2023). Strategic action plan 2023-2026. p. 9&10
[31] International Consortium on Combating Wildlife Crime (ICCWC). (2023). Strategic action plan 2023-2026. p. 10
[32] International Consortium on Combating Wildlife Crime (ICCWC). (2023). Strategic action plan 2023-2026. p. 11&12
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