World Bank: time to get tough on forest crime
In recent years, a number of initiatives have been launched to address the problem of illegal logging, such as the EU FLEGT program addressing forest governance in tropical countries and initiatives in the US, EU and Australia to make possession or trade in illegal timber products in those markets unlawful.
However, a recent World Bank report Justice for Forests points out that one of the most obvious means of regulating illegal logging is being largely ignored: law enforcement ensuring that those benefitting from illegal harvesting are convicted for their crimes.
Effective investigation, prosecution, imprisonment, and confiscation of illegal proceeds constitute the sort of actions needed in order to put forest criminals straight, according to the World Bank.
The report admits that current legal justice systems are generally ‘woefully ineffective’ and that there are only few examples of significant convictions involving illegal logging; however, legal frameworks such as the CITES convention and anti-money laundering regimes are in place and may be harnessesed to halt forest crime.
Serious offense
The report describes illegal harvesting as a complex of criminal offenses. Although full and accurate data about illegal logging do not exist (for obvious reasons), the report uses available estimates and figures to provide a glum picture of the scale of illegal harvesting:
“Every two seconds, across the world, an area of forest the size of a football field is clear-cut by illegal loggers. In some countries, up to 90 percent of all the logging taking place is illegal. Estimates suggest that this criminal activity generates approximately US$10–15 billion annually worldwide—funds that are unregulated, untaxed, and often remain in the hands of organized criminal gangs”.
Follow the money
There are potentially many types of legal violation involved in illegal timber harvesting and trade, committed by different people along the timber’s route towards the final product on the marketplace. For example, “the smuggling and transportation of logs are generally handled by parties distinct from those involved in the actual logging, and the whole process may be overseen by the heads of organized syndicates”.
The report points out that money laundering and asset confiscation regimes can be applied and help to identify, freeze, and confiscate proceeds from illegal logging, thus depriving the criminals of their expected benefits of the crime.
Applying anti-money laundering laws may result in “additional jail time or fines above those imposed for the underlying forest crime”.
By focusing on money laundering, crimes may also be uncovered more efficiently as financial institutions will be involved in detecting suspicious transactions.
Engaging legal and financial experts
The World Bank also recommends using a range of different methods, including electronic surveillance, undercover operations and witness protection, to uncover and prosecute forest crime.
The World Bank highlights the need for awareness raising about illegal logging amongst the legal and financial sectors. These experts need to understand the scale of the issue and the importance of forest law enforcement. As the report states, “[…] There is no substitute for honest, experienced, motivated, and creative investigators and prosecutors who have specialized knowledge of forest crime, and have available the time and resources required”.
