The AfA Policy Coalition’s session at AfA CONNECT in August 2024 entitled “Conservation policies: Facilitating national and international efforts in Asia," offered insightful perspectives on leveraging international law and collaborative efforts to bolster animal protection initiatives. The session featured three expert speakers: Sam Inglis, Wildlife Program Manager for ADM Capital Foundation; Zannis Mavrogordato, a barrister specializing in international law; and Maya Padro, a legal researcher and law graduate.
The Power of Research-Based Policy Engagement and Advocacy
Sam Inglis, drawing upon the work of the ADM Capital Foundation in Hong Kong, underscored the importance of conducting thorough research to inform effective policy engagement and advocacy. Inglis explained that the foundation’s research on illegal wildlife trade and the exotic pet trade in Hong Kong has been instrumental in shaping their advocacy strategies and establishing a roadmap for impactful policy interventions. The foundation has also utilized its research findings to engage with legal professionals and legislators, demonstrating the critical role of research in driving tangible policy changes.
Building Strong Coalitions for Collective Action
A recurring theme throughout the webinar was the significance of fostering collaboration and establishing robust coalitions among diverse stakeholders. Sam emphasized that governments may attempt to exploit disagreements between organizations, highlighting the need for NGOs to present a united front. By forming coalitions, NGOs can amplify their collective voices, streamline information sharing, and build consensus around shared goals. Inglis cited the Hong Kong Wildlife Trade Working Group, a coalition of NGOs, researchers, experts, and academics, as a successful example of collaborative action. This working group published the influential report, “Trading and Extinction", which brought together data and insights from various stakeholders to raise awareness about the scale of the illegal wildlife trade in Hong Kong and advocate for stronger policies.
Engaging the Private Sector in Conservation Efforts
The webinar also emphasized the need to engage the private sector in conservation initiatives. The United for Wildlife initiative, spearheaded by the Royal Foundation, was showcased as a prime example of such engagement. This forum educates private sector entities about the risks and opportunities associated with the illegal wildlife trade, encouraging them to implement policies that combat this unlawful activity.
Aligning Local Policies with International Frameworks: The Role of CITES
Recognizing Hong Kong's position as a major hub for wildlife trade, Sam stressed the importance of aligning local policy interventions with international frameworks like CITES. Hong Kong handles a substantial volume of wildlife imports, presenting significant ecological and financial challenges. The wide range of species and products seized in Hong Kong suggests the involvement of sophisticated criminal organizations in this trade. To combat this, the ADM Capital Foundation has been advocating for the classification of wildlife crime as an organized and serious offense in Hong Kong. This classification would empower law enforcement agencies to utilize financial investigative tools and impose harsher penalties on perpetrators. The foundation has also used data to showcase the involvement of well-funded criminal syndicates in the wildlife trade, reinforcing the need for legislative reforms.
Beyond CITES: Advocating for a New Global Agreement on Wildlife Crime
While recognizing the importance of CITES, Sam highlighted its inherent limitations in addressing the complexities of wildlife crime. The webinar discussed the Global Initiative to End Wildlife Crime (EWC), a collaborative effort aimed at tackling wildlife crime on a global scale. One of the EWC’s objectives is to adapt and expand successful local policy solutions, such as Hong Kong’s Organized and Serious Crimes Ordinance, to address global challenges. The EWC is also advocating for the establishment of a new global agreement specifically focused on wildlife crime. This new agreement would formally recognize wildlife crime as an organized and serious offense within the international legal framework, facilitating more robust and coordinated global action.
Unlocking the Potential of International Law for Animal Protection
Zannis Mavrogordato and Maya Padro emphasized the powerful role of international law in advancing animal protection. Zannis explained that international law can be a potent tool when negotiating with governments, as many government officials may be unaware of the international treaties their countries have ratified. He shared a real-world example where an animal charity successfully utilized a bilateral trade agreement to protect a sanctuary from being expropriated. The charity identified a provision within the agreement that safeguarded against the seizure of assets and used this information to draft a “trigger letter” that ultimately persuaded the government to reverse its decision.
Zannis and Maya encouraged NGOs to reach out for assistance in identifying potential applications of international law within their projects. They specifically highlighted two international conventions as valuable tools for animal protection:
The Convention on Biological Diversity (CBD): Both the CBD and the Bern Convention have initiatives aimed at establishing and managing protected areas for nature. NGOs can become observers in these processes, enabling them to track progress and actively advocate for the successful implementation of these goals.
The Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises: Updated in 2023, these guidelines incorporate provisions on due diligence relating to environmental issues and animal welfare.
Strategic Utilization of the OECD Complaint Procedure
Maya focused her presentation on the OECD complaint procedure, which empowers NGOs to file complaints against corporations that violate these guidelines. She suggested this mechanism could be used to address concerns such as inadequate animal welfare practices on farms supplying multinational companies. For instance, undercover investigation footage could be used as evidence of violations of animal welfare provisions, potentially triggering a complaint against a supermarket chain or a meat processing company.
Exploring Emerging Legal Frameworks: Rights to a Healthy Environment, Rights of Nature, and Ecocide
Maya also discussed three emerging legal frameworks that hold promise for animal protection:
The right to a healthy environment: This right, gaining increasing recognition globally, can be used to advocate for more comprehensive environmental impact assessments. Maya shared a case from South Africa where this right was successfully invoked to mandate a climate change impact assessment for an oil drilling project. This legal principle could be similarly applied to challenge unsustainable factory farming practices, especially those contributing to deforestation and greenhouse gas emissions.
Rights of nature: This movement seeks to grant legal rights to natural entities, such as rivers and forests. Maya highlighted a case in Ecuador where rights of nature were used to protect a rainforest from mining operations. She suggested this framework could be utilized to safeguard habitats from the expansion of industrial-scale animal agriculture.
Ecocide: This concept involves criminal prosecution for large-scale, unlawful destruction of the natural world. Maya proposed that ecocide could be applied to instances of illegal fishing that exacerbate overfishing.
Maya also mentioned other avenues for raising awareness and advocating for change: filing complaints with the UN Special Rapporteur, utilizing the Espoo Convention on transboundary impacts, and engaging with the Ramsar Convention on Wetlands.
Practical Tips for Effective Engagement with Governments and International Processes
The Q&A session provided valuable practical guidance for organizations seeking to participate in international policy processes:
Partnering with Experienced Organizations: Collaborating with established organizations, such as the Species Survival Network, can prove invaluable, as these organizations possess the experience and expertise required to navigate complex international conventions. These organizations also often provide preparatory materials and summaries that can help NGOs understand the key issues and agenda items.
Focusing on Specific Areas: Concentrating on particular species or taxonomic groups of interest can help manage the extensive documentation associated with these processes.
Early Engagement: Initiating engagement with relevant governments and stakeholders as early as possible is crucial for effective advocacy.
The Q&A session also addressed the challenges of fostering transparency and building trust with governments. Participants suggested a multifaceted approach to obtaining information from governments:
Utilizing Government Websites and Resources: Thoroughly search government websites, utilizing relevant keywords, to locate publicly available information and documents.
Submitting Direct Information Requests: Submit formal information requests to relevant government departments and agencies, following up persistently. Be aware of any legal frameworks or performance pledges that mandate government responses to information requests.
Engaging Through Workshops and Events: Organize workshops and events that provide a platform for government officials to share their perspectives and showcase their work. These events can help build relationships and foster more open communication.
Participants also recommended framing advocacy efforts in a collaborative manner and using the language of government documents to increase receptiveness. Building personal relationships with receptive individuals within government departments can also prove beneficial.
Understanding the Drivers of Illegal Wildlife Trade
The webinar explored the various factors that contribute to people's involvement in the illegal wildlife trade. Poverty, financial incentives, and exploitation were identified as primary drivers for those at the lower levels of the trade. Organized criminal syndicates, on the other hand, are motivated primarily by profit. This underscores the importance of engaging the private sector to disrupt the financial networks that sustain this illegal activity.
To access the recording of this webinar, click here.
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