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The United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC), contain detailed provisions to support international cooperation in criminal matters, such as extradition and mutual legal assistance, and provide for specific and innovative forms of cooperation that could be applied in the field of wildlife and forest crime. Examples include joint investigations and cooperation for the use of special investigative techniques, such as controlled delivery, electronic and other forms of surveillance and undercover operations. These Conventions further require States parties to adopt appropriate measures aimed at promoting law enforcement cooperation.
Background
The General Assembly affirmed the relevance of the UNTOC to fighting illicit trafficking in natural resources in its resolution 55/25 of 15 November 2000, in which it stated that the Convention "constitutes an effective tool and the necessary legal framework for international cooperation in combating such criminal activities as illicit trafficking of protected species of wild flora and fauna, in furtherance of the principles of the Convention on International Trade in Endangered Species of Wild Flora and Fauna". In this connection, the United Nations Office on Drugs and Crime (UNODC) has an important role to play in terms of strengthening the capacity of Governments to investigate, prosecute and adjudicate crimes against protected species of wild flora and fauna, complementing other international legal frameworks that are relevant for the protection of the environment, as for instance the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).
In resolution 2001/12, the Economic and Social Council (ECOSOC) urged Member States to adopt "the legislative or other measures necessary for establishing illicit trafficking in protected species of wild flora and fauna as a criminal offence in their domestic legislation." In a subsequent resolution 2003/27, the ECOSOC urged Member States to cooperate with UNODC (as well as with the secretariats of CITES and the CBD) with a view to preventing, combating and eradicating trafficking in protected species of wild flora and fauna. This ECOSOC resolution also encouraged Member States to adopt, where necessary, preventive measures together with a review of their criminal legislation in order to ensure that the serious nature of these offences relating to trafficking in protected species is punishable by appropriate penalties.
In 2007, the Commission on Crime Prevention and Criminal Justice (CCPCJ) adopted resolution 16/1 "International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife, and other forest biological resources". In this resolution, the Commission recognized UNODC's potential role in preventing and combating these and other related offences. In 2008, the ECOSOC, in its resolution 2008/25, reiterated the need for international cooperation and called for "holistic and comprehensive national multisectoral approaches to preventing and combating illicit international trafficking in forest products, including timber wildlife, and other forest biological resources."
Within this framework, and at the request of Member States, in 2010, UNODC launched a pioneer programme in Indonesia promoting good governance, law enforcement and anti-corruption measures in areas affected by rampant illegal logging. In undertaking this work, UNODC strongly promotes the use of its well-established and tested tools to address corruption, weak national state capacities and drivers of wildlife and forest crime, so as to ensure transparent and effective implementation of programmes within the Reducing Emissions from Deforestation and Forest Degradation framework (REDD+). The UNODC efforts contribute substantively to the goal identified by the 16 th Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) to find effective ways to reduce human pressure on forests that results in greenhouse gas emissions.
In 2010, UNODC strengthened its support for, and collaboration with, a number of different initiatives and agencies directing their efforts against wildlife and forest crime. At the International Tiger Forum held in Saint Petersburg, Russian Federation, in November 2010, UNODC Executive Director Mr. Yury Fedotov addressed the representatives of the 13 Tiger Range Countries (countries home to the few tigers remaining in the wild) regarding the importance of an effective response to the challenges posed by wildlife and forest crime and stressed UNODC's commitment to combat illicit trade in endangered wildlife.
"Concerned by the involvement of organized criminal groups in all aspects of trafficking in endangered species of wild fauna and flora", in April 2011, the CCPCJ recommended to the ECOSOC the adoption of Resolution 2011/36 that calls - inter alia - on UNODC to work with Member States on measures to prevent, combat, investigate and prosecute illicit trafficking in wild fauna and flora. As a follow-up, UNODC is in the process of finalizing two computer-based training modules to assist law enforcement agencies in the investigation of wildlife crimes.
Resolution 20/5, also adopted in 2011 by the CCPCJ, addresses the problem of transnational organized crime committed at sea. This resolution offers Member States and UNODC a unique opportunity to tackle wildlife trafficking at sea.
In July 2011, national governments, international organizations and non-governmental organizations met to discuss critical issues related to the illicit trade of commodities such as wildlife, timber, fish and waste at the 11 th Asian Regional Partners Forum on Combating Environmental Crime (ARPEC). For more information on this Regional Forum please refer to the website of the UNODC East Asian and Pacific Office: http://www.unodc.org/eastasiaandpacific/en/2011/07/arpec/story.html
Related Information:
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