National Law regarding the illegal wildlife trade and the challenges to implement the law Presented by H.E. Mya Thein Judge Supreme Court of the Union Republic of the Union of Myanmar 1
Biophysical and geographical descriptions about Myanmar situated in continental Southeast Asia with an area of 676,577 km2, extends 936 km from the east to west and 2,051 km from north to south boundaries share with China in the north, with Laos and Thailand in the east, and with Bangladesh and India in the west. The Andaman Sea and the Bay of Bengal edge the Myanmar coast in the south and the west Myanmar can be roughly divided into three parts: the western hills region, the central valley region, and the eastern hills region. 2
Climate drain by many river systems and most are flowing from the north to the south. The main rivers are Ayeyarwaddy, Thanlwin, Chindwin and Sittaung a tropical monsoon climate three well defined seasons: the rainy season (mid-may to October), the cold season (November to January) and the hot season (February to mid-may). receive more than 5000 mm of annual rainfall whereas the central part of Myanmar has an annual rainfall of less than 1000 mm. March and April rises to above 43.3 C while in the northern mountainous parts of the country, it is about 36 C and on the eastern Shan plateau, it is between 29.4 C and 35 C. 3
Biodiversity reservoir Varied forest types of Myanmar are home of several mammals, reptiles, avifauna, amphibians, fish and plant species Myanmar, therefore, represents an important biodiversity reservoir in Asia. Furthermore, Myanmar possesses numerous endemic wild flora and fauna 4
Wildlife management in Myanmar Nature Conservation National Park Project (NCNPP) was launched under the joint implementation of United Nations Development Program (UNDP) and Myanmar government Established the Nature and Wildlife Conservation Division (NWCD), and NWCD is responsible for nature conservation and Protected Areas(PAs). Among the 36 PAs, six PAs have been recognized as ASEAN Heritage Parks (AHP). Three wildlife sanctuaryahps - Indawgyi Lake Wildlife sanctuary, Inlay Lake Wildlife Sanctuary, Meinmahla Kyun Wildlife Sanctuary 5
Indawgyi Lake Wildlife sanctuary 6
Indawgyi Lake Wildlife sanctuary established in 2004 situated in Moenyin Township, Moenyin District, Kachin State covers an area of about 815 km2 the largest inland lake in South East Asia and the third largest one in the world dominated by moist upper mixed deciduous and semievergreen forests, and 37 mammals, 326 forest bird species, 80 amphibian species, 50 butterfly species and 64 fish species have been recorded. 7
Inlay Lake Wildlife Sanctuary 8
Inlay Lake Wildlife Sanctuary established in 1985 covers an area of about 641 km2 situated in Nyaung Shwe, Pinlaung and Peh Kon Townships of Southern Shan State second largest Lake in Myanmar the Sanctuary s vegetation comprises wetland sedge, reeds and evergreen flora. wetland system is home to about 250 bird species. The Lake also provides habitats for 20 species of snails, and 43 species of fish, with 16 endemic fish about 14 migratory bird species have been recorded. A total of 527 medicinal plant species and 108 orchids were recorded in the sanctuary. 9
Meinmahla Kyun Wildlife Sanctuary 10
Meinmahla Kyun Wildlife Sanctuary declared as a Wildlife Sanctuary in 1993 covers an area of 137 km2 situated in Bogalay Township, Phya Pone District, Ayeyarwaddy Region established to protect the remaining mangrove forests as a refuge for species such as estuarine crocodiles, resident & migratory water and shore birds a total of 40 mangrove species, 53 medicinal plants species, 11 orchid species, 15 mammals species, 51 fish species, 12 prawn species, 9 crab species, 26 snake species, 1 crocodile species, 35 butterfly species and 117 bird species are observed in the Sanctuary two turtle freshwater species and freshwater dolphins have been reported in the area as well. 11
Strategies and plans towards wildlife protection in Myanmar The National Commission for Environmental Affairs (NCEA) was formed in 1990 to coordinate environmental matters across ministries to develop National Environmental Policy to liaise with foreign countries and nongovernment organizations regarding environmental matters 12
Legal Framework Protection of Wildlife, Wild Plants and Conservation of Natural Area Law (1994) mandates protection of wild flora and fauna and their habitats and representative ecosystems. The objectives of this law are as follows; to implement the Government policy for wildlife protection to implement the Government policy for natural areas conservation; to carry out in accordance with the International Conventions acceded by the State in respect of the protection and conservation of wildlife, ecosystems and migratory birds; to protect endangered species of wildlife and their natural habitats; to contribute for the development of research on natural science; to protect wildlife by the establishment of zoological gardens and botanical gardens. 13
Protected Species completely protected species may not be hunted except for scientific purposes under special license protected species may be hunted but only with special permission seasonally protected species are subjected to traditional subsistence hunting by rural communities only during the open (i.e., non breeding) season Forest Law (1992) protects forest resources and gives priority to link forest management to social and environmental considerations. 14
Activities of law enforcement for controlling wildlife trade in Myanmar To facilitate implementing effective measures for domestic and transboundary illegal wildlife and wild plant trade, Myanmar has formed National Wildlife Law Enforcement Task Force in 2007, consisting of several governmental organizations led by Forest Department. The Task Force is reporting the seizures of illegal wildlife trade to ASEAN Wildlife Enforcement Network (ASEAN-WEN). The Task Force has been reformed in 2011. The CITES Management Authority of Myanmar is working with the Ministry of Commerce, the Customs Department, and National Police Force in strengthening the regulations of the wildlife trades. 15
Taking Action under the Protection of Wildlife and Conservation of Natural Areas Law Taking Administrative Action A Forest Officer may pass an administrative order causing a fine which may extend to kyats 1000 to be paid, on a person who commits frightening or wilfully disturbing protected wild animals within a natural area or within the zoological garden or botanical garden which is administered by the Government or towards which the Government has subscribed share capital. 16
Taking Administrative Action A Forest Officer may pass an administrative order causing a fine which may extend to kyats 10,000 to be paid, on a person who kills, hunts, wounds or raises a seasonally protected wild animal without permission during the close season in accordance with the Section 31 of the Protection of Wildlife and Conservation of Natural Areas Law 17
Taking Administrative Action A person dissatisfied with an administrative order passed by a Forest Officer may file an appeal to the Director General within 30 days from the date of such order. The decision of the Director General shall be final and conclusive. 18
Taking Criminal Action hunting without a licence, violation of any condition of the hunting licence, aising without permission, for commercial purpose normally protected wild animals and seasonally protected wild animals shall on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 10,000 or with both under the provision of the Section 35. 19
Taking Criminal Action killing, hunting or wounding a normally protected wild animal or seasonally protected wild animal without permission, possessing, selling, transporting or transferring such wild animal or any part thereof without permission shall, on conviction be punished with imprisonment for a term which may extend to 5 years or with fine which may extend to kyats 30,000 or with both. 20
Taking Criminal Action killing, hunting or wounding a completely protected wild animal without permission, possessing, selling, transporting or transferring such wild animal or any part thereof without permission, exporting without the recommendation of the Director General a completely protected wild animal or a protected wild plant or any part thereof shall, on conviction be punished with imprisonment for a term which may extend to 7 years or with fine which may extend to kyats 50,000 or with both, in accordance with the Section 37. 21
Burden of Proof The law mentions that, in a case where administrative action is taken or where a legal proceeding is instituted under this Law, the burden of proving lawful ownership or lawful right of possession in respect of the exhibit seized shall lie on the person against whom action is taken. 22
Taking Criminal Action loss and damage to the Forest Department the Court may pass order for the value of the loss and damage to the Forest Department caused by the offender, to be paid by way of compensation to the Forest Department confiscate the wild animal, wild plants and parts thereof involved in the commission of the offence and hand over the same to the Forest Department pass an order for confiscation of vehicles/ vessels, animals and other machinery and implements involved in the commission of the offence 23
Detected illegal trades of wildlife January 2010 and September 2011, Myanmar Forest Department has detected 50 illegal trades of wildlife and their parts. Most of the cases are detected in the Myanmar- China border. The wild animals which seized on the border are mostly includes in categories of the normally protected wildlife, such as fresh water turtles and land tortoise. 24
Challenges faced by the judiciary in implementing the law prior sanction production of exhibits expert opinion law enforcement authorities file the case 25
Cooperation with the International Organizations signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Member of the ASEAN Wildlife Enforcement Network (ASEAN- WEN) National Elephant Survey (2005) in cooperation with Smithsonian Institution; National Tiger Survey (1991) in cooperation with WCS; Designation of Hukaung Tiger Reserve, Vertebrate Fauna Survey (1999) Herpetological Survey (2008-2010) in cooperation with the California Academy of Science Myanmar-Japanese Cooperative Inventory and Research Programme of the Useful Plants of Myanmar (2008) in cooperation with Makino Botanical Gardens-MBK; etc. 26
Conclusion Sound criminal justice system to combat the illegal wildlife trade Fundamental legal framework is also established by enacting the Protection of Wildlife and Conservation of Natural Areas Law in 2004. National Wildlife Law Enforcement Task Force reformed on 31st August, 2011 Forest Staff take the administrative actions Court also passes the deterrent punishment who commits the criminal offences Work closely with the ASEAN-WEN International co-operation with neighboring countries is essential in reducing the illegal wildlife trade 27
THANK YOU 28