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Environmental Justice in Malawi

by Andrew Chikaoneka | 18-06-2018 16:53


Between 10,000 and 100,000 species are estimated to be going extinct each year, which is around 1,000 times higher than the natural extinction rate4. Africa's elephants are declining at catastrophic rates. In 2014, the National Academy of Science in the United States published data showing that c. 40,000 Savannah elephants were poached each year in Africa between 2009 and 2013. At this rate of decline, this iconic species could be extinct in the wild by 2025. In Malawi over 50% of elephants have been lost in the last 25 years, and Kasungu National Park now supports c. 50 elephants down from c. 2,000 in the late 1980s. The illegal trade in ivory is driving the killing of our elephants, and armed criminal gangs now pose a real and immediate threat to our rangers and local communities.


The volume of illicit ivory trafficked globally tripled between 1998 and 2011, and more than doubled between 2007 and 2011. Between 2009 and 2014 there were over 90 seizures of ivory that weighed more than 500 kg, with a total weight of more than 170 tonnes. This included an ivory seizure in my own country in May 2013 of c. 2.6 tonnes. Unfortunately, the Convention on International Trade of Endangered Flora and Fauna (CITES) recently listed Malawi as a country of primary concern in terms of elephant ivory trafficking. The same report proclaimed Malawi to be the principal transit hub for illicit ivory in Southern Africa. This is something that we Malawians are fully committed to rectify and we have made some significant steps forwards, including amending and strengthening our principle wildlife legislation and increasing our wildlife crime investigation capacity.


However, wildlife poaching and trafficking is no longer solely a wildlife conservation issue and wildlife authorities cannot succeed if they attempt to tackle wildlife crime alone. The illicit ivory trade is a multi-million-dollar criminal enterprise. It spans continents and contributes to the degradation not only of natural environments, but also our communities, rule of law, and security. It is evident that, in terms of crime profits, Illegal Wildlife Trade now ranks alongside trafficking in drugs, arms and humans. So, whilst wildlife poaching and trafficking remain urgent conservation issues, they must also be seen as serious organised crimes that threaten states. A strong response is required, and by all arms of government. This includes wildlife authorities, but also wider law enforcement agencies, legislators and the judiciary. 


 Malawi has come a long way since the days of passing fines of MK10, 000 (c. $20) for possession or dealing in elephant ivory. The passing of the National Park and Wildlife Act amendment, which contains some of the toughest penalties in the South African Development Community region, is a strong response by Malawi to those perpetrators committing wildlife crimes. However, there is a need to effectively enforce the law. As this report shows, Malawi has made significant progress in upholding national wildlife law, particularly since the introduction of the Wildlife Crime Investigation Unit and the courtroom monitoring and private prosecution project. In addition, the new National Parks and Wildlife Act Amendment, gazetted in February 2017, led to further improvements in custodial rate for serious elephant and rhino related crimes. In particular, the offences of possession and dealing in government trophies of protected species were punishable under the old Act with a maximum fine of MK 100, 000 and/or, imprisonment of up to ten years. Under the new Act, such offences are now punishable by a maximum penalty of up to 30 years? imprisonment. There is now no option of a fine.


This table and figures below show the main findings of the study broken down per year. Yearly analysis is running from 1st July to 30th June (for example from 1st July 2010 to 30th June 2011?etc.).


The table below only focus on elephant and rhino crime cases.


2010/11

 

2011/12

 

2012/13

 

2013/14

 

2014/15

 

2015/16

 

2016/17

 

 

Conclusion rate          

N? of cases reviewed

 

12

8

14

11

12

6

 

55

N? of cases concluded

 

12

8

14

11

12

5

49

N?of accused persons (total)

 

16

9

17

12

17

8

100

N?of accused whose case concluded

 

16

9

17

12

17

6

81

Conclusion rate (in %)/total n? of accused

 

100%

100%

100%

100%

100%

75%

 

81%

 

 

 

 

 

 

 

 

 

 

Offences recorded (NPWA, main offences)

Hunting

 

5

0

1

0

2

0

4

Possession of protected species

 

9

5

7

5

8

2

64

Export/Import protected species

 

1

3

9

6

8

0

2

Dealing with government trophies

 

0

0

0

0

0

0

20

 

 

 

 

Plea

Plea status recorded (for the total accused)

 

8

1

5

5

4

2

54

% of plea recorded/total accused

 

50%

11%

29%

42%

24%

25%

52%

Guilty plea

 

7

0

2

2

1

2

25

% of guilty plea recorded/total accused

 

44%

0%

11%

17%

6%

25%

25%

Not guilty plea

 

1

1

3

3

3

0

26

% of not guilty plea recorded/total accused

 

6%

11%

18%

25%

18%

0%

29%

 

Remand status

Remand status recorded (for the total accused)

 

0

2

3

3

0

2

79

% of status recorded/total accused

 

0%

22%

18%

25%

0%

25%

79%

Remanded in custody

 

0

2

2

2

0

2

58

% of remanded in custody/total accused

 

0%

22%

12%

17%

0%

25%

28%

Remanded on bail

 

0

0

1

1

0

0

21

% of remanded on bail/total accused

 

0%

0%

6%

8%

0%

 

21%

 

Conviction rate

N? of convicted

 

16

9

17

12

17

4

75

% of convicted/total accused

 

100%

100%

100%

100%

100%

67%

93%

N? of acquitted

 

0

0

0

0

0

2

6

% of acquitted/ total accused

 

0%

0%

0%

0%

0%

33%

7%

 

Sentencing

N? of custodial sentences given

 

0

0

1

0

1

0

58

% of custodial sentences/convicted

 

0%

0%

6%

0%

6%

0%

77%

N? of fines given

 

11

9

16

12

15

2

15

% of fine rate

 

69%

100%

94%

100%

88%

50%

20%

Minimum amount of fine passed

 

5,000

6,000

35,000

20,000

50,000

5,000

5,000

Maximum amount of fine passed

 

50,000

150,000

2,500,000

1,000,000

1,000,00

300,000

2,250,000

N? of suspended sentences/convicted

 

5

0

0

0

 

1

1

Other sentence

 

0

0

0

0

1

1

1

 Link: https://www.lilongwewildlife.org/uploads