Nepal's law is tremendously
supreme in South Asia having enough power to control
poaching and illegal trades and for conservation of wildlife. But
the implementation
is so weak that Nepal has been becoming 'heaven' for wildlife
smugglers.
·
It was
the incident of March 2001 and the place war Royal Chitwan National Park.
There, Royal Nepal Army officer Colonel Deelip Samser Rana was arrested
raid-hand with his jeep, while hunting Ratuwa (a kind of deer).
Newspapers referring the information given by Army Headquarter published this
issue–culprit Rana was court-martialed and punished according to Military Act.
The culprit should have been punished according to the ‘National Parks and
Wildlife Conservation Act’. This Act has defined maximum fine of Rs 1,50,000
and fifteen years imprisonment or both. But the case has been dismissed now.
·
Two
years ago, a rhinoceros poacher was arrested in Bardiya. He was arrested with
adequate proofs, so District Forest Officer (DFO) decided him to punish
according to ‘National Parks and Wildlife Conservation Act-1973’ with the
penalty of maximum Rs 1,50,000. But the rhinoceros hunter's economical status
was not sufficient, and was unable to pay the fine, DFO therefore sentenced him
an imprisonment of 15 years. After some period another man came and paid the
demanded amount of fine. Then DFO also released that accused hunter. Who was
that man paying so much money for that poor man? And, what was the reason
behind this scene? DFO did not attempt to find out.
·
A
Ranger in Jhapa seized the horn of rhinoceros and registered the case in
District Forest Office. In the mean time a man named Dorje from Thamel,
Kathmandu phoned the Ranger offering him Rs 50 thousands to stop the case.
Ranger rejected that offer considering not selling himself for money. Then as
the procedure of that case, seized horn was sent to Royal Nepal Academy of
Science and Technology (RONAST) for investigation. The investigation's report
showed that horn was not real. After this report the case was dismissed, but
nobody was aware towards Dorje's offerings.
·
It was
about two year ago (2000/01); horn of rhinoceros was seized in Narayagard
(Chitwan) Bus Park. Then offender was taken to Tikauli Barrack. Next day he was
replaced to common security post from the Barrack, full of RNA armed
securities. That very night he fled away, surprisingly, bending the iron rods
of the locker. Considering this case full of doubts, contemporary Under Secretary
Damodar Dhakal of Forest Ministry and his team investigated the case and
presented the report, which revealed Ranger of the park and from securities to
warden Gopal Upadhaya's direct involvement in that incident. Finding that
poacher's link to the 'powerful heads', later this report was suppressed and no
one is punished till now.
· Recently, illegal hunters killed 22
leopards in Nawalparasi, Chitwan and Annapurna Conservation Area Project
(ACAP)'s lower region (Luwang, Sikles). And the hunters contracted
· one hotel of Myagdi for business and
collection point. Then they set the bones and skins of the killed leopards in
the bags of rice and chiura (beaten-rice) and sent these items for
Tibet. In the way in Mustang RNA securities suspecting these bags filling with
weapons, poked and found the skins of leopards. Among total 45 mules carrying
these bags 22 bags were mixed with leopard's skins. No one was interested in
finding out and arresting the bag owner, instead mule owner Chhiri was
arrested.
These above collection of some incidents
made by Environment Journalist Mangal Man Shakya and 'Convention on
International Trade in Endangered Species of Fauna and Flora' (CITES) law
export Dr. Rabi Sharma (Aryal), shows how organized illegal trade of wildlife
is flourishing in Nepal. Unsteady politics, loose management for wildlife
security, weak implementation of law, lack of cooperation among concerned
organizations and political protection for poachers and wildlife trades and
organized network are the main causes to make Nepal 'heaven' for wildlife trade
by the past few years. Coat made from tiger and leopard skins or shoes, belt
and purse made from python leather, tusk and bone of elephant to make
decorative architectures or shawl made by the wool (Shahtoosh) of endangered
Chiru (Tibetan antelope) – all these items are available in 'underground
market' of Kathmandu. Durbar Marg, Thamel, Sohrakhutte, Chhetrapati, Lazimpat,
Swoyambhu and Boudha of Kathmandu, nearby British Camp of Patan and nearby each
Durbar Square of Kathmandu, Patan and Bhaktapur are the well-known places for
the illegal trade of wildlife, according to one police officer.
Except these places, Environment Journalist
Shakya has found that materials (illegal) made from wildlife are being sold in
'souvenir shops' of star-hotels situated in Kathmandu. ‘When a Nepali reaches
these places, sellers don't want to tell customer about these illegal
materials. But when foreigner asks, they say 'no' at first and if they found
the customer willing to pay large amount, assure to provide from anywhere.' –
Author of the book about to release, 'Wildlife Trade in Nepal', Shakya said.
Former President of Nepal Environment Journalist Group and at the present
General Secretary of Asia-Pacific Forum for Environment Journalists, Shakya had
studied CITES implementation in Nepal two years ago.
Experts say trade of wildlife and their
derivatives has been existed in Nepal from decades ago, but the trade boomed
only after 1989 (restoration of democracy). As inscribed in Shakya's book, in
the period of Ranas trade of wildlife was legal in Nepal. E.A. Smiths
book depicts that in the ruling period of Juddha Samser (Rana), rhinoceros
horns had been sold from Nepal to East India company (India) at the rate
of one hundred pound (one thousand five hundred Nepali Rupees of that period)
per piece. But at that time hunting of tiger and rhinoceros was not so easy,
authority was only for Rana Prime Ministers. Rana Prime Minister's
family members also had to beg permission from PM to hunt rhinoceros and tiger.
There was an arrangement of hunting after asking permission from
government till Punchayat period. Although Laws including 'National
Parks and Wildlife Conservation Act-1973', 'Import and Export (control)
Act-1957' were active to prohibit hunting and exporting wildlife alive or
selling their derivatives, hunting was allowed (after taking permission) in
some parks and wildlife reservations and outside (in the jungle) in Punchayat
period.
In 1973 government banned bones and skins
of wildlife to keep with citizens. Government requested people to bring all
organs, skins etc. for sealing and informed it would be illegal to keep these
wildlife derivatives in home then after. According to the reference from Mangal
Man Shakya's book - 'Wildlife Trade in Nepal', there was only one Tuladhar from
Asan, Kathmandu to bring derivatives for sealing. He had a hundred piece skins
of rhinoceros and he had tried for permission to export these skins, but he
failed.
The book revealed some unreleased facts in
the protection of wildlife trade in Punchayat period. At the time when government banned wildlife derivatives to keep
and sell, one man with the surname Khanal applied in Forest Department for a
permission to export one truck of peacock feather. He was not allowed but in
1980/81 government allowed Mr. Jatia to export 1.2 million snake skins and gave
permission to Mr. Baniya to export 6 thousand Kilograms of rhinoceros skins for
Hong Kong. These rhino skins were under the possession of government and sold
them in an auction later in the rate of 80 to one hundred Rupees per kilogram.
After 1990 onwards government officially
notified for the complete prohibition to keep the wildlife and their
derivatives and to sale or supply. After signing CITES in 1975, in the process
of making the related acts effective in its implementation, government crafted
some necessary rules and regulations. But in the contrary, after 1990 wildlife
trade boomed enormously in Nepal.
‘Trade had not stopped, but is increased
intensely after 1989. This trade was perceived outside also, and exposed too.’
– says Rabi Aryal, PhD on the topic of wildlife laws and their implementation
in South Asia. ‘There are some reasons behind it. That is, devastation of
habitats and extending international network of wildlife crooks’ –Dr Aryal
claims. 'After 1990 growth in destitute people and refugees and destroying
forest in their name, Maoists antagonist shifting to jungle by political
conflict, capturing jungle to construct infrastructures like college, hospital,
hydropower, roads are the main causes to destroy the habitats of wild animals
and make them transfer to outskirts' – Dr Aryal concludes.
‘When wild animals shifted to the outer surface, hunting tendency
was also increased and international purchaser of wild animals reached the
hunters' residents for animal's derivatives. This was the reason why wildlife
trade flourished so intensely.’ – Dr Aryal explained.
At the present, Maoists' armed conflict and
their jungle entering is turning out as a supporting point for wildlife crooks
and for them wildlife trade has become the job as easy as 'cutting silver'.
After declaring 'state of emergency' in November 2001 to control Maoist
insurgency, wildlife intrusion is growing enormously. Security posts in
National Parks and conserved reservation centers are decreased, similarly the
numbers of securities are also lessened in posts. The center captured weapons
of Armed Forest Guard, working under the District Forest Office. Due to the
mines placed in the jungle by Maoists or by the fear of encountering attack
with Maoists, patrolling activities of securities are reduced in jungle.
Wildlife crooks are undertaking direct advantage by this condition. And
whatever the case is, it is difficult to say people entering in the jungle
always eat Wai Wai noodles (readymade) only. These facts are also seemed to be
helpful for them (wildlife crooks).
People from International assembly, involving
in wildlife deal, come to the capital city and live in star-hotels. They
prepare some mediators for their deals by their former contacts and relations
and with this medium, reach the local hotel entrepreneur in wildlife region.
Then local mediators use destitute people to hunt wild animals, promising them
to give some money and make them collect the trophies (souvenirs). Wildlife
derivatives then reach Kathmandu by different courses of actions and routes.
It is uncertain to say whether all the trophies,
selling in Nepal or passing out from here, are in the possession of itself.
Recently, one Sherpa (Lama) was caught with 29 pieces of leopard skins in
northern region of India. These skins were prepared to bring in Nepal by the
route of land. Wildlife export–import outside the border has also been
remaining one major subject in the Trans-boundary consultative meetings,
reports a study about CITES implementation released two years ago.
Investigation reveals that local forest
staffs and involvement of securities to high level political protection are
also active in the illegal trade of wild animals in Nepal. 'In the illegal trade of wildlife, 'high
level' protection is there. We have found DFOs ignoring to proceed the case
ahead and lessening penalties in many cases of wildlife crime because of the
'high level' order', One high level police officer, asking for anonymity, says–
'We were informed that renowned minister of former Congress government and one
former minister of Rastriya Prajatantra Party (RPP) were directly involved in
this kind of illegal trade.'
There are 4-5 gangs active in wildlife
trade in Nepal, according to Shakya's book. 'Without being organized, this
trade cannot exist. Their networks and gangs are so powerful that our present
security cannot affect them.' – Says wildlife specialist Dr Aryal. Most of the
criminals are seized not by the success of investigation but by the
coincidence, shows a study based on total seized wildlife trophies and
proceeded cases against culprits involving in such crimes till this period.
'According to the 'National Parks and Wildlife Conservation Act-1973', the duty
of the head (warden) of National Parks and Wildlife Conservation Regions is to
prevent wild animals of these areas from hunting or to conserve wildlife. And
the duty outside the park goes to District Forest Officer, but now illegal
wildlife trade is not under the primary concern of DFO.' - author who is also
the president of Wildlife Monitoring Group, says. That is why all the trophies
seized and cases registered against arrested criminals are the matter of
coincidence. If the policemen or armies arrest the wildlife criminals, they
also have to hand over to DFO. 'We hand over criminals to DFO because of an
unavailability of case registration in court. DFO solves the cases with his own
intuition and according to the culprit's crime, identity and his link to upper
level, this is the reason to boom illegal wildlife trade.' – That high level
police officer revealed.
'Responsibility of Nepal towards CITES', a
report released in 1999 and prepared by Colin Pingle, Chris Murgatroid and
Mangal Man Shakya, also remarks about vast differences between the punishment
given by warden of parks and conservation regions and DFO in similar crimes.
Report also explains that the warden prefers maximum but DFO gives minimum
punishment for the same nature of crime.
'Most of the DFOs are local, if not, then also their decisions
differ from criminals' relation and links. That makes the difference in the
decisions of warden and DFO.' – served as a Legal Officer at Ministry of Forest
for a long duration, wildlife expert Dr Aryal told– 'According to the
punishment determined by law, Nepal's wildlife law and acts are the strictest
and not founded elsewhere in South Asia. But the implementation is so weak that
Nepal has become 'heaven' for illegal wildlife traders.'
National Parks and Wildlife Conservation Act-1973, Forest Act-1993,
Import and Export (Control) Act-1957, Environment Conservation Act 1997 and in
other Acts have adequate managements for controlling wildlife export-import and
trade, according to Dr Aryal.
Acts directly related to
'Convention on International Trade in endangered Species of Wild Fauna and
Flora' (CITES) in Nepal are also in the process of arrangement. The draft of
CITES bill is begun to made from 1996 and first draft was released in 1997.
Draft made by one organization called 'Scope' was found without appendices, so
revised again in 1999. What was lacking in the revised version, still (in 2002)
another draft is prepared.
The need of two separate
organization for central CITES monitoring and implementation, all concerned
organizations should be there as representatives, arrangement of appropriate
fund, need to prepare database for wildlife trade, anti-poaching movements
against poaching and hunting, case registering etc. suggestions and needs
pointed out by the report about 'Responsibilities towards CITES' are supposed
to come into implementation after the successful conversion of this bill into
Act.
Major items of Trade
Most of the
conserved animals from Nepal are being sold alive or their derivatives are used
for illegal trade. However tiger skin, nail and bone, leopard, skin, nail, tusk
and bone of elephant, horn of rhinoceros, bear bile, wool of chiru, horn of
deer and chittal, musk of Musk Deer and python skins are the main items of
trade, of which except chiru other animals are being stolen and hunted in
Nepal. But Chiru's wools are being brought and exchanged with tiger skin, bone
and nail, bear-bile and rhino horn and from Tibet.
The main market for
wildlife trade is Kathmandu valley. Except that, other regions are Chitwan,
Bardia, Darchula, Kailali, Achham, Dailekh, Kalikot, Mugu, Jumla, Humla, Achham
(Sanfebagar), Martadi (Bajura), Bajhang, Simikot (Humla), Surkhet, Jhapa,
Morang, Sunsari (Dharan), Butwal, Bhairawa, Hetauda, Ilam, Taplejung including
trade regions of Terai.
Taklakot-Darchula-Pithauragard-Delhi,
Taklakot-Darchula-Nepalgunj-Kathmandu-Delhi,
Taklakot-Darchula-Mahendranagar-Delhi, Taklakot-Darchula-NepalgunjBirgunj-Kolkata,
Kathmandu-Kodari-Tatopani-Lhasa, Darchula-Tinker-Chhangru (Darchula),
Myagdi-Manang, Tehrathum-Ilam and almost all Chhoti Custom routes attached to
India are the routes used in wildlife smuggler, according to the book. Wildlife
derivatives and the articles made from them are sold inside Nepal (Kathmandu
Valley) and except that Tibet, New Delhi, Tokyo and Yokohama and other European
cities are the market of wildlife trade outside Nepal. Wildlife trade with the
transaction of more than 20 billion dollars yearly, is second in position after
the trade of intoxicated drugs in the world.
(Translated from
Nepal Samacharpatra vernacular Daily's Saturday Supplement 'SAUGAT', published
in 2003 January 25)