Sunday 21 December 2014

Why its not easy to reverse CITES decision in the name of Appendix I and II

This is a lesson for African elephant Range state who have been asking CITIES through a proposal for  Appendix I . Its a decision that is not easy to reverse.

The Secretariat of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) has received copies of various
news articles, as well as other communications by private individuals
and special interest groups, concerning alleged trade in live African
elephants from Zimbabwe to destinations in China and the United Arab
Emirates.

The Secretariat is issuing this public statement to explain the
application of CITES to this trade, and to clarify the relevant procedures.

China, the United Arab Emirates and Zimbabwe are all Parties to CITES.

Permits and certificates for international trade under CITES can be
issued only by the designated national CITES authorities of the 180
Parties to CITES. (Parties are States - or countries - that have joined
the Convention.)

The CITES Secretariat does not issue CITES permits or certificates, and
has no authority to directly intervene in any trade transactions.

Parties to CITES are required to report all authorized international
trade in specimens of CITES species to the CITES Secretariat on an
annual basis. These reports are included in the CITES Trade Database,
which is publicly available.

The population of the African elephant (Loxodonta africana) of Zimbabwe
is included in Appendix II of CITES, following a decision taken in 1997
by the Conference of the Parties to CITES. This means that the Parties
to CITES consider the African elephant population in Zimbabwe is not
necessarily threatened with extinction but could become so if trade were
not strictly regulated.

There is an annotation to the Appendix-II listing of Zimbabwe's African
elephant population that specifically allows for "trade in live animals
to appropriate and acceptable destinations". The words “appropriate and
acceptable destinations” are defined in Resolution Conf. 11.20 of the
Conference of the Parties to CITES.

Therefore, international commercial and non-commercial trade in certain
specimens of African elephants from Zimbabwe (including live animals) is
allowed by the Convention if specified conditions are followed. These
conditions are contained in relevant provisions of the Convention,
particularly those of Article IV.

In addition to the requirements above, according to Article IV of the
Convention, the CITES Management Authority of Zimbabwe may grant a
permit to export live elephants only when:

    a)  it is satisfied that they were obtained in accordance with
national law;

    b)  the CITES Scientific Authority of Zimbabwe has advised that the
export will not be detrimental to the survival of the species; and

    c)  the CITES Management Authority of Zimbabwe is satisfied that any
living specimen will be so prepared and shipped as to minimize the risk
of injury, damage to health or cruel treatment.

Regarding the first requirement, the verification of the legal origin of
the specimens is the responsibility of the Management Authority of the
State of export, which must be satisfied that the specimens were not
obtained in contravention of the laws of that State.

With respect to the second requirement, an assessment of the
sustainability of export of Appendix-II species (known as a
non-detriment finding) is conducted by the CITES Scientific Authority of
the State of export. Reviews of the sustainability of trade in
Appendix-II species are conducted by the relevant CITES scientific
committees with the support of the Secretariat.

In relation to the third requirement, it is recommended in Resolution
Conf. 10.21 (Rev. CoP16), on Transport of live specimens, that the Live
Animals Regulations of the International Air Transport Association
(IATA) and the CITES guidelines for the non-air transport of live wild
animals and plants be deemed to meet CITES transport requirements.

The Secretariat has corresponded with the CITES Management Authorities
of China, the United Arab Emirates and Zimbabwe to ascertain the
particular circumstances surrounding the reported trade in live
elephants. The Secretariat has also asked whether the procedures set out
under Article IV of the Convention and Resolutions Conf. 10.21 (Rev.
CoP16) and Conf. 11.20 were followed in relation to any trade.

The CITES Management Authority of China has advised that it has not
received any application to import elephants from Zimbabwe.

The CITES Management Authorities of the United Arab Emirates and
Zimbabwe have advised that they have authorized the export from Zimbabwe
to the United Arab Emirates of seven elephants as a family group that
has been in captivity in Zimbabwe for more than 10 years. The two
Management Authorities advise that the group consists of one calf with
its mother and other adults. The Management Authority of Zimbabwe has
also advised that before the trade was authorized, a non-detriment
finding was made in Zimbabwe. The authorities of both the United Arab
Emirates and Zimbabwe advise that they conducted an inspection of the
private park to which the animals will be sent, to ensure that it is an
appropriate and acceptable destination. Copies of the inspection report
and of the permits have now been provided to the CITES Secretariat at
its request.

Some press articles refer to Mr Hank Jenkins, who is said to be a former
official of CITES. Mr Jenkins was an employee of the CITES Management
Authority of Australia, and was the Chair of the CITES Animals Committee
from 1992 to 2000. He was never an official of the CITES Secretariat and
has no association with the Secretariat.

CITES Secretariat

18 December 2014

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