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1981
Due to the increasing monetary value of ivory, illegal trade activities
reached a significant level. Ivory was frequently trade with
inadequate documentation, and States that were not Party to the
Convention played a special role in this trade. Positive results
experienced by a number of Parties having applied stricter domestic
measures for ivory trade, in accordance with the provisions of
Article XIV were noted.
1983
The feelings of the producer countries on the question of restricting
the ivory trade were illustrated by the preamble of Resolution
Conf 4.14, on trade in worked ivory:
The African Parties participating in the fourth meeting of the
Conference of the Parties submit that the statement made by the
President of Botswana in his opening speech, that “...
it’s encouraging to note that CITES does not prohibit
or discourage legalised trade in wild fauna and flora but rather
that it aims at controlling the trade so as to ensure the sustainable
utilisation of the resource...”, is the crux of participation
in and ratification of CITES and acknowledge that the wild fauna
and flora are preserved in Africa for their inherent value, they
also constitute an economic resource of major importance to the
continent which can and should be used correctly for the benefit
of the resource and the people on whose land it occurs.
They emphasized the great concern of the African Parties present
and participating at the fourth meeting of the COP to ensure that
CITES is both efficient and does not impede the legitimate trade
in wild flora and fauna or reduce the profitability of this trade,
and submitted that it would be in conflict with the purpose of
CITES if the Convention were to be used in any way to devalue wildlife.
The African Parties further believed that the endeavours by some
Parties to control the trade in worked ivory are an unnecessary
negative influence on the value of ivory and overlook the status
of the African elephant as agreed at the IUCN meeting of the African
elephant and Rhino specialist group held in 1981.
The Conference directed the Technical Committee to draw up guidelines
for controlling the trade in worked ivory as quickly as possible
and in so doing to liase closely with African Parties as well as
other Parties having elephant populations.
Thus, Appendix II was insufficient while Appendix I was found
to be counterproductive and might even have put the continued participation
of a number of ivory producing countries in CITES at stake.
1984
The European Commission hosts a Seminar on CITES implementation
in Africa in Brussels prior to a meeting of the Technical Committee.
During that seminar the basis for a solution to the ivory trade
problem was found, the key features thereof being export quotas
for raw ivory based on scientifically established management
programs, no trade from countries without such quotas and no
trade in unmarked ivory. The approach was fully endorsed by the
Technical Committee.
The Secretariat designed a project, which was aimed at providing
the necessary basis for the establishment of quotas. As the Secretariat
was to play a central role in the co-ordination of the ivory trade
controls, it proposed the establishment of a special unit within
the Secretariat for that purpose.
1985
The quota system was approved and the Secretariat’s proposal
for the creation of the Ivory Control Unit added a number of powerful
tools to the conventional Appendix II controls and at the time
allowed the Parties not to go as far as to prohibit international
trade in African elephant ivory.
1987
At the sixth meeting of the Conference of the Parties no less than
six resolutions were adopted to refine the quota system.
1989
At the seventh meeting of the COP, the African elephant was transferred
to Appendix I.
In adopting the transfer to Appendix I in 1989, the Conference
of the Parties also adopted a special mechanism for the transfer
of African elephant populations from Appendix I to Appendix II.
The preamble of Resolution 7.9 even stated that the COP was aware
that populations of elephants in certain African states, which
may not meet the specific criteria, were transferred to Appendix
I. The Parties agreed that transfer to Appendix II shall be considered
on the basis of a report to the Parties that addresses, inter alia:
- the status of elephant populations,
- the effectiveness of elephant conservation measures, and
- the degree of control of the movement of ivory within and through
the Parties including those that may have entered a reservation
with respect to the listing of Loxodonta africana in Appendix
I of the Convention and that the Parties had called upon UNEP,
IUCN and TRAFFIC to provide nominees to serve on a Panel of Experts
to advise the COP on requests for transferring particular elephant
populations back to Appendix II.
The Terms of Reference for the Panel of Experts on the African
elephant and criteria for the transfer of certain African elephant
populations from Appendix I to Appendix II were also laid down
in Resolution Conf 7.9.
1994
All earlier recommendations were -- with a view to reduce the number
of applicable resolutions -- consolidated in Resolution Conf
9.16: Trade in African elephant ivory.
1997
Resolution Conf 7.9 replaced by Resolution Conf 10.9: Consideration
of proposals for the transfer of African elephant populations
from Appendix I to Appendix II. In this Resolution’s preamble
it is reiterated that the transfer of the African elephant to
Appendix I was agreed by the COP in 1989 although populations
in certain range States may not have met the necessary criteria.
Important aspects set out in Resolution Conf 10.9:
- All proposals to transfer populations of the African
elephant from Appendix I to Appendix II shall be subject to a
review by a Panel of Experts, which shall consider:
- the scientific evidence regarding the numbers
and trends of the populations;
- the conservation and management of these populations,
and threats to their status; and
- the adequacy of controls on trade in ivory and
other parts and derivatives;
- The Panel of Experts shall include expertise from
the following areas:
- elephant ecology and population biology
- field conservation and management
- monitoring of trade in parts and derivatives
of elephants
- establishment and operation of trade regimes
including establishment of quotas
- security aspects of stocks of elephant parts
and derivatives and/or wildlife law enforcement.
- In evaluating the status and management of an elephant
population the Panel of Experts shall take into account:
- the viability and sustainability of the population,
and potential risks;
- the affected range State’s demonstrated
ability to monitor the subject population; and
- the effectiveness of current anti-poaching measures
- In evaluating the affected range State’s ability
to control trade in ivory from African elephants, the Panel of
Experts shall take into account:
- whether total levels of off-take from both legal
and illegal killing are sustainable;
- whether control of ivory stocks is adequate
to prevent the mixing of legal and illegal ivory;
- whether law enforcement is effective; and
- whether enforcement and controls are sufficient
to ensure that no significant amounts of ivory taken or
traded illegally from other countries are traded within
or through the territory of the affected range State
The Parties shall take into account the report of the
Panel of Experts and in particular:
- the status of the elephant population in the affected
range State;
- the affected range State’s ability to manage
and conserve its population effectively; and
- the affected range State’s ability to control
trade in elephant ivory.
Resolution Conf. 9.16 replaced with Resolution 10.10: Trade in
elephant specimens. This Resolution notes that the African elephant
(Loxodonta Africana) was transferred from Appendix II to Appendix
I at the seventh meeting of the COP, but some populations were
transferred back to Appendix II, under certain conditions, at the
10th meeting (Populations of Botswana, Namibia and Zimbabwe).
2000
Resolution Conf 10.10 revised. Population of South Africa transferred
to Appendix II, under a set of conditions.
This Resolution addresses the following important issues
relating to trade in elephant specimens are addressed:
- Definitions for raw and worked ivory
- Marking
- Control of internal ivory trade
- Monitoring of illegal hunting of and trade in elephant specimens
- Assistance to elephant range States
- Quotas for and trade in raw ivory
MONITORING OF ILLEGAL TRADE IN IVORY AND OTHER ELEPHANT
SPECIMENS (ANNEX I: Res. Conf. 10.10)
In order to monitor and record levels of illegal trade in ivory
and other elephant specimens on a global basis, there is a need
for a system to collect and compile law enforcement data on seizures
and confiscations. The COP recognised the Bad Ivory Database System
(BIDS) established by TRAFFIC for this purposes in 1992. Currently,
BIDS contains details of more than 4 000 ivory seizures, representing
nearly 100 tonnes of ivory from over 40 countries around the world
since 1989.
Although further development and refinement are necessary, BIDS
is designated as the appropriate instrument for monitoring the
pattern and measuring the scale of illegal trade in ivory and other
elephant specimens. The analysis and interpretation of data will
be coordinated by TRAFFIC in association with the CITES Secretariat
and institutions involved with monitoring elephant poaching. TRAFFIC
will produce a comprehensive report to each meeting of the COP.
MONITORING OF ILLEGAL HUNTING IN ELEPHANT RANGE STATES
(ANNEX 2: Res. Conf. 10.10)
In order to address the concerns of many elephant range States,
it is necessary to establish a system through which the impact
of CITES decisions with respect to elephants and trade in elephant
specimens can be measured. Of primary importance is the establishment
of a simple system of international reporting of incidents of illegal
hunting as a baseline against which changes in trends can be detected.
It is recognised that such measurement must consist of two elements:
- Monitoring of parameters relevant to the issue, such as the
pattern and scale illegal killing, the pattern and scale of illegal
trade in ivory, the effort and resources being applied to detection
and/or prevention and the monetary value of illegally traded
ivory, as well as other factors that might affect these parameters,
such as civil strife, the flow of illegal arms and ammunition,
loss of habitat and drought.
- The determination of whether or not there is a casual relationship
between changes in these parameters and the decisions of the
COP with regard to elephants.
The overall aim is to build institutional capacity within the
range States for the long-term management of their elephant populations.
DECISIONS
At the 10th COP the following two Decisions were adopted:
1. Decision 10.1
Conditions for the resumption of trade in African elephant
ivory from populations transferred to Appendix II at the 10th
COP
Trade in raw ivory shall not resume unless:
- deficiencies identified by the CITES Panel of Experts
in enforcement and control measures have been remedied
- the fulfilment of the conditions in this Decision
has been verified by the CITES Secretariat in consultation with
the African regional representatives on the Standing Committee,
their alternates and other experts as appropriate;
- the Standing Committee has agreed that all of the
conditions in this Decision have been met;
- the reservations entered by the range States with
regard to the transfer of the African elephant to Appendix I
were withdrawn by these range States prior to the entry into
force of the transfer to Appendix II;
- the relevant range States support and commit themselves
to international co-operation in law enforcement through such
mechanisms as the Lusaka Agreement;
- the relevant range States have strengthened and /or
established mechanisms to reinvest trade revenues into elephant
conservation;
- the Standing Committee has agreed to a mechanism to
halt trade and immediately re-transfer to Appendix I populations
that have been transferred to Appendix II, in the event of non-compliance
with the conditions in this Decision or of the escalation of
illegal hunting of elephants and/or trade in elephant products
owing to the resumption of legal trade (The Standing Committee
agreed at its 40th meeting that in the event of non-compliance
with the conditions of Decision 10.1.
2. Decision 10:2
Conditions for the disposal of ivory stocks and generating
resources for conservation in African elephant range States
- The elephant range States recognise:
- the threats that stockpiles pose to sustainable
legal trade;
- that stockpiles are a vital economic resource
for them
- that various funding commitments were made by
donor countries and agencies to offset the loss of assets
in the interest of unifying these States regarding the
inclusion of African elephant populations in Appendix I
- the significance of channelling such assets
from ivory into improving conservation and community-based
conservation and development programmes
- the failure of donors to fund elephant conservation
action plans drawn up by the range States at the urging
of donor countries and conservation organisations; and
- that, at its ninth meeting, the Conference of
the Parties directed the Standing Committee to review the
issue of stockpiles and to report back at the 10th meeting.
- Accordingly, the African elephant range States agree
that all revenues from any purchase of stockpiles by donor countries
and organisations will be deposited in and managed through conservation
trust funds, and that:
- such funds shall be managed by Boards of Trustees
(such as representatives of governments, donors, the CITES
Secretariat, etc.) set up, as appropriate, in each range
State, which would direct the proceeds into enhanced conservation,
monitoring, capacity building and local community based
programmes; and
- these funds must have a positive rather than
harmful influence on elephant conservation.
- It is understood that this decision provides for a
one-off purchase for non-commercial purposes of government stocks
declared by African elephant range States to the CITES Secretariat
within the 90-day period before the transfer to Appendix II of
certain populations of the African elephant takes effect. The
ivory stocks declared should be marked in accordance with the
ivory marking system approved by the Conference of Parties. In
addition, the source of ivory stocks should be given. The stocks
of ivory should be consolidated in a pre-determined number of
locations. An independent audit of any declared stocks shall
be undertaken under the auspices of TRAFFIC International, in
co-operation with the CITES Secretariat.
- The African elephant range States that have not yet
been able to register their ivory stocks and develop adequate
controls over ivory stocks require priority assistance from donor
countries to establish a level of conservation management conducive
to the long-term survival of the African elephant.
- The African elephant range States therefore urge that
this matter be acted upon urgently since any delays will result
in illegal trade and the premature opening of ivory trade in
non-proponent range States.
- This mechanism only applies to those range States
wishing to dispose of ivory stocks and agreeing to and participating
in:
- An international system for reporting
and monitoring legal and illegal international
trade, through an international database
in the CITES Secretariat and TRAFFIC International;
and
- An international system for reporting
and monitoring illegal trade and illegal
hunting within or between elephant range
States, through an international database
in the CITES Secretariat, with support from
TRAFFIC International and institutions such
as the IUCN SSC African Elephant Specialist
Group and the Lusaka Agreement.
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