Understanding Threats to West African Biodiversity and

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | NIGER 2

Alice Stroud

[Date]

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING NIGER FIELD ASSESSMENT REPORT

FEBRUARY 2020

This document was made possible by the United States Agency for International Development (USAID) through the West Africa Biodiversity and Climate Change (WA BiCC) program. The contents of this document are the sole responsibility of its authors and do not necessarily reflect the views of USAID or the United States Government.

For more information on the West Africa Biodiversity and Climate Change program, contact:

USAID/West Africa Biodiversity and Climate Change Tetra Tech 2nd Labone Link, North Labone Accra, Ghana Tel: +233(0)302 788 600 Email: www.tetratech.com/intdev Website: www.wabicc.org

Stephen Kelleher Chief of Party Accra, Ghana Tel: + 233 (0) 302 788 600 Email: [email protected]

Vaneska Litz Project Manager Burlington, Vermont Tel.: +1 802 495 0577 Email: [email protected] Citation: Ministry of Environment, Urban Hygiene and Development, 2020. Understanding Threats to West African Biodiversity and Linkages to Wildlife Trafficking: Niger Field Assessment Report. Edited by Balinga M. and Stroud A. in 2020.

Cover photo: A giraffe at a National Reserve. Credit: Jack Smith

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UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | NIGER i

TABLE OF CONTENTS Acknowledgements ................................................................................................................. iii

Acronyms ................................................................................................................................. iv

1.0 Introduction ..................................................................................................................... 1

1.1 Background information on NIGER ..................................................................................................... 1 1.2 CITES trade context ................................................................................................................................ 1 1.3 Objectives of the assessment ................................................................................................................ 2 1.4 Methodology and scope of the assessment: ...................................................................................... 3

2.0 Assessment of wildlife trafficking at markets and entry points .................................. 4

2.1 Visit to the Market ................................................................................................................................... 4 2.2 Airport ........................................................................................................................................................ 6 2.3 Koure: Giraffe sanctuary ....................................................................................................................... 10 2.4 Gaya: land border crossing post with benin .................................................................................... 11 2.5. Makalondi: Land Border Crossing post with Burkina Faso ........................................................ 13 2.6 Other site visits ...................................................................................................................................... 14

3.0 Overview of wildlife law enforcement ......................................................................... 17

3.1 Proactive enforcement as deterrent to wildlife trafficking ........................................................... 17 3.1.1Law enforcement Priority ........................................................................................................... 17 3.1.2 Serious crime ............................................................................................................................... 17 3.1.3 National law enforcement strategy ........................................................................................ 17 3.1.4 National cooperation ................................................................................................................. 17 3.1.5 International cooperation ......................................................................................................... 18 3.1.6 Strategic risk management ........................................................................................................ 18 3.1.7 Proactive investigations ............................................................................................................. 19 3.1.8 Staffing, recruitment and law enforcement training ........................................................... 19

3.2 Detection of wildlife trafficking by law enforcement agencies .................................................... 19 3.2.1 Targeted enforcement presence .............................................................................................. 19 3.2.2 Joint supportive operations ....................................................................................................... 19 3.2.3 Border control staff ..................................................................................................................... 20 3.2.4 Border control equipment ........................................................................................................ 20 3.2.5 Inspection and seizure powers ................................................................................................. 20 3.2.6 Disposal of confiscated wildlife specimens ............................................................................ 20

3.3 Wildlife trafficking thoroughly investigated using an intelligence-led approach....................... 22 3.3.1 Investigative capacity ................................................................................................................... 22 3.3.2 Information management ........................................................................................................... 22 3.3.3 Intelligence-led investigations and analysis ............................................................................. 22 3.3.4 Follow-up investigations ............................................................................................................. 22

3.4 Specialized investigative techniques used to combat wildlife trafficking .................................... 23 3.4.1 Use of specialized investigative techniques ............................................................................ 23 3.4.2 Forensic technology .................................................................................................................... 23 3.4.3 Financial investigations ................................................................................................................ 23 3.4.4 Use of criminal law ...................................................................................................................... 23 3.4.5 Case file preparation ................................................................................................................... 24 3.4.6 Case clearance rate and administrative penalties ................................................................ 24 3.4.7 Prosecutorial capacity ................................................................................................................. 24 3.4.8 Prosecution guidelines ................................................................................................................ 24 3.4.9 Available penalties ........................................................................................................................ 25

4.0 Conclusions and recommendations ............................................................................ 26

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | NIGER ii

4.1 Trafficking routes and seizures ........................................................................................................... 26 4.2 Challenges raised by participants ........................................................................................................ 26 4.3 KEY recommendations ......................................................................................................................... 27

REFERENCES ......................................................................................................................... 30

Annex I. Schedule of the assessment ................................................................................... 31

Annex II. List of participants interviewed ............................................................................ 32

Annex III: Commercial Trade in Wild Specimens .............................................................. 34

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | NIGER iii

ACKNOWLEDGEMENTS In concluding this study to assess wildlife-related crime in Niger and the need for a coordinated response to the situation, we would first like to thank Mr. Almoustapha Garba, Niger’s Minister of Environment, Urban Hygiene and Development (MESU/DD), for his support in this exercise.

We also thank the following: Mr. Moussa Iro Morphy, the Director-General for Water and Forests (DG/EF); Mr. Samaila SAHAILOU, Director of Wildlife, Game, Parks and Reserves (DFC/PR); and Dr. SEYNI Abdoul-Aziz, Head of Wildlife Division, who coordinated this process. This report would not have been possible without their hard work, support, and tireless efforts with their team on the ground organizing and leading the assessments, conducting interviews, and ensuring that the report and its conclusions were validated at the national level.

We would also like to express our deep gratitude to the customs officials working in land, air and seaports, and all the other staff members who participated in the assessments and provided us with valuable information on their activities.

Finally, we would like to thank the many other individuals and organizations that assisted WA BiCC to produce this report to the highest standards. WA BiCC staff would also like to express their thanks and gratitude to all those who invested their valuable time, effort, and thought to improve our organization’s understanding of the current threats to West African biodiversity and the links to wildlife trafficking.

UNDERSTANDING THREATS TO WEST AFRICAN BIODIVERSITY AND LINKAGES TO WILDLIFE TRAFFICKING | NIGER iv

ACRONYMS ASYCUDA Automated System for Customs Data

AWB Airway Bills

CAAT Airport Anti-Trafficking Unit

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora

COGEZOH Contribution to Wetland Management

DOJ Department of Justice

ECOWAS Economic Community for West African States

EU European Union

FIU Financial Investigations Unit

IUCN International Union for Conservation of Nature

MIDAS Migration Information and Data Analysis System

MoUs Memoranda of Understanding

NCB National Central Bureau

UNODC United Nations Office of Drugs and Crime

UNTOC United Nations Convention against Transnational Organized Crime

WA BiCC West Africa Biodiversity and Climate Change Program

WAPIS West Africa Police Information System

WCO World Customs Organization

WFD Water and Forests Department

ZSL Zoological Society of London


1.0 INTRODUCTION 1.1 BACKGROUND INFORMATION ON NIGER

Niger is a Sahelian West African country covering an area of1,267,000 km2. It also shares borders with Benin, Burkina Faso, Chad, Libya, Mali and Nigeria. Niger has a population of 19,866,231inhabitants (July 2018 estimate). The majority of the population reside in the extreme south of the country, along the border with Nigeria and Benin. The official language is French. Hausa and Djerma are national languages spoken by Nigeriens. Niamey, the capital and largest city of Niger, and is located along the Niger River.

The territory is predominantly composed of desert plains and sand dunes, as well as flat to rolling plains in south and hills in north. The climate is mostly hot, dry and dusty but tropical in extreme south. Four-fifths of the northern region is desert, while one-fifth of the southern region is savannah and suitable for livestock and limited agriculture. Niger is considered as one of the hottest countries in the world.

Niger has experienced a rapid biodiversity degradation over the last three decades due to drought and anthropogenic factors. Approximately 84% of the country’s population relies on the agricultural sector for employment and livelihoods. In 2010, this sector contributed up to 45.2% to GDP (29.5% agriculture, 11% livestock, 4.6% forestry and fishing). Direct and indirect anthropogenic threats include poor agricultural practices, poaching, habitat degradation or destruction, overexploitation of wildlife, and pollution. Natural threats are mainly declining rainfall levels, recurrent droughts, poor distribution of rainfall over time and space and extreme temperatures.

Forest biological diversity (especially forest ecosystems) is in an advanced state of degradation due to several factors, such as the expansion of farming areas, bush fires, lack of or inadequate management plans, harvesting of immature fruits and climate change.

Seven protected areas exist today and cover 19.225% of the national territory. The W National Park situated in the bordering area to Burkina Faso and Benin forms part of one of the most important areas of wildlife in Western Africa called the WAP (W–Arli–Pendjari) Complex. This park shelters the most important population of the rare West African lion and one of the last populations of the Northwest African cheetah. In addition, the country is home to the last remaining populations of West African giraffe (Giraffa camelopardalis peralta) in the wild.

There are numerous security threats in Niger resulting from the Libyan civil war and the Northern Mali conflict as well as increased attacks by al Qaeda. In December 2019, 71 Niger soldiers were killed in an attack in the West of the country. This has made anti-poaching efforts in the North of the country almost impossible and even the W Park receives security alerts on potential threats. The assessment team was prevented from visiting rangers in the W Park because of one these alerts. It is believed that poachers fill the void left by the absence of law enforcement authorities. The team was provided with an escort of well-armed rangers when they visited the border posts as security, although both areas are not considered a high risk from terrorists. 1.2 CITES TRADE CONTEXT CITES entered into force in Niger in 1975. The country’s national laws have been analyzed by the CITES Secretariat in relation to four minimum requirements: designate at least one Management Authority and one Scientific Authority; prohibit trade in specimens in violation of the Convention; penalize such trade; or confiscate specimens illegally traded or possessed. Niger is currently listed in Category 3 of the National Legislation Project (legislation that is believed not to generally meet CITES implementation requirements updated in November 2019), indicating that its national laws do not meet the four minimum requirements.

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Following the November 2019 update, a comprehensive legislation was adopted by Parliament and the next step will be the promulgation and submission to the Secretariat for revised legislative analysis, including possible listing under Category 1 status. A review of commercial transaction in wild specimens of CITES listed species between 2000 and 2017 indicates that during that period, the majority of Niger’s legal commercial exports are reptiles, especially Saharan spiny-tailed lizards (Uromastyx geyri) and Sudan mastigure (Uromastyx dispar), as well as a considerable number of Royal pythons (Python regius) and African chameleons (Chamaeleo africanus). It can also be noted that during this period, a significant number of Emperor scorpions (Pandinus imperator) and logs of Red sandalwood (Pterocarpus santalinus) were exported.

Figure 1. Graphic representation of trade routes used for reported legal international trade in wild specimens of CITES species from Niger during the period 2000–2017

Source: CITES Trade Database. Graphic representation produced using TradeMapper.

1.3 OBJECTIVES OF THE ASSESSMENT This assessment had two complementary objectives:

Objective 1: To assess the status and effectiveness of the implementation of existing legal frameworks and policies in order to identify loopholes that limit the ability to fight wildlife-related crime in West Africa. As part of this objective, the project team analyzed policies around the environment, forest management, and combatting illegal trade in wildlife and their implementation with the aim of formulating recommendations to strengthen national legal policies across the Economic Community of West African States (ECOWAS); and

Objective 2: To analyze the perceived or evidence-based impact of wildlife-related crime on biodiversity in West Africa and to highlight potential activities to build capacity and mitigate threats. Regarding this objective, the project team focused on the overall understanding of wildlife trafficking (targeted species, sources, traffickers involved, possible linkage to other illegal trafficking) by conducting data collection activities. Information gathered during the data collection phase were used to formulate potential recommendations for future mitigation and capacity-building programs throughout the region.


1.4 METHODOLOGY AND SCOPE OF THE ASSESSMENT The threat assessment mission took place between from January 13 to18 2020 and was coordinated by Commandant Abdoul-Aziz Seyni, Deputy Director of the Water and Forests Department (WFD). The assessment was conducted in the capital city of Niamey, including at the city’s international airport, the giraffe sanctuary and border post of Koure, the land border posts of Gaya, the border crossing point with Benin and Makalondi, the border crossing point with Burkina Faso. Interviews were held with the Water and Forests Department as well as the Customs Service, Airport Anti-trafficking Office (CAAT), the Police, and the NGO COGEZOH (Contribution to Wetland Management). Secondary data were gathered from publications, reports, databases, maps, and photographs, while primary data was collected through direct interviews with various categories of stakeholders. Internet searches were the main approach used to collect secondary data prior to the field surveys, and these were complemented by documents from officials who were interviewed. The assessment team collected both qualitative and quantitative data during the interviews. Field surveys were conducted during visits in the country as defined in Annex II. The following data collection tools were developed or modified to provide a series of core questions that the survey team adapted to the context and field realities as necessary: A questionnaire for wildlife law enforcement authorities developed using the International

Consortium on Combating Wildlife Crime Indicator Framework for Combating Wildlife and Forest Crime. (https://cites.org/sites/default/files/eng/prog/iccwc/ICCWC-Ind-FW-ASSESSMENT_TEMPLATE-FINAL.pdf);

A questionnaire for customs authorities. This was refined and divided into two series of questions that encompassed the following types: open-ended questions of a general nature and multiple-choice questions;

A questionnaire for non-governmental organizations and other stakeholders working on conservation issues;

A checklist for market visits to be used as part of an “undercover investigation” where a team will visit the market, spot the shops with wildlife products and record findings.

All the services interviewed in this assessment are paramilitary, having undergone six months training with the army. Presumably, this is because of the dangers involved in working on the outer borders of the country Including terrorist attacks.

A list of all interviewees and the full schedule of the threat assessment are included in Annexes I and II.

Members of the assessment team are as follows: Charles Mackay, MK Wildlife Consultancy (customs expert) Sean O’regan, Freeland Africa (law enforcement expert) Commandant Abdoul-Aziz Seyni, Head of Hunting Division Abou Halido, Driver at DFC/PR

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2.0 ASSESSMENT OF WILDLIFE TRAFFICKING AT MARKETS AND ENTRY POINTS 2.1 VISIT TO THE MARKET After discussions with Dr Seyni, it was decided that the local market survey would best be covered by his wildlife officers, as the assessment team might not have reliable information from local traders due to the presence of foreigners. The assessment team did, however, visit the National Museum in Niamey, which houses a zoo and some local craft shops/stalls. At one of the main shops, the assessment team saw a large quantity of snakeskin products such as belts, shoes and bags, most of which appeared to be rock python, and handbags made from the entire skin of Nile monitor lizards, including heads.

Photo 1: Artisan stalls at National Museum


Photo 2: African rock python skin shoe

Photo 3: African rock python skin bags


After the completion of the report, the assessment team were informed that an inspection was carried out at ‘small market’ and “Katako Market”. The information provided indicates that it seems there were approximately 17 stalls selling wildlife parts and by-products. Species and products included:

• Lion claws • Hippo teeth • Lion teeth • Turtle shell • Lion, crocodile, monitor lizard, boa and hyena skin • Snake, hyena, jackal and lizard heads.

These products are used by some Nigeriens for traditional rituals. According to a stall holder they spoke to, these products come from Nigeria, Burkina Faso and Benin. 2.2 AIRPORT Diori Hamani International Airport (IATA: NIM, ICAO: DRRN) is an airport in Niamey, the capital of Niger. It is located 9 km (5.6 mi) from Niamey in the south eastern suburbs of the city, along the major highway linking Niamey with the east of the country. The airport complex also includes the major Air force base of Niger’s Armed Forces. The assessment team met with Customs, CAAT, the Water and Forestry Department and the Police. The team conducted a tour of the airport with visits to the passenger arrival, departure, administration and freight / cargo areas. A luggage and a passenger scanner were in operation at the entrance to the arrival hall. All persons and luggage entering the airport are scanned. The scanners are manned by Police, Customs and Water and Forestry personnel. None of the officers in all three agencies have received any formal scanning training for fauna & flora. There are no visible signs or banners showing the prohibition of wildlife poaching/trafficking in both the arrival and departure halls. The team visited the cargo area where a cargo scanner was located. The scanner was out of order but was being repaired at the time. All the other scanners seemed to be new and in good condition.

Photo 4: Cargo Warehouse at the airport


Customs The assessment team interviewed Colonel Alou Sahidou Zaratou who has been working at the Diori Hamani International airport for two years. She is the Commander of 16 customs officers working on a shift basis at the cargo and passenger terminals, meaning a total of 32 officers. The Colonel stated that Customs works closely and has good collaboration with the police and the wildlife authority at the airport. Any wildlife seizures that are made are immediately handed over to the wildlife authority at the airport for investigation thereof. All baggage arriving and departing the airport are scanned except diplomatic bags. Due to the current security situation in Niger, all flights are considered high priority, so security and screening procedures are on high alert status. Ethiopian and Afriqia Airways flights are the higher priority for CITES wildlife offences. Customs as well as the Water and Forestry Department are not currently included in the CAAT team, but plans are being made to have their officers deployed to the team. Customs officers consider CITES as important and high priority at the airport, but they have received no formal training regarding CITES. Customs officers have access to the WCO database but are unaware of the Environet data platform. Although Customs requires training to raise awareness about CITES and its implementation, none of the officers interviewed had received such training. CAAT (Airport Anti-Trafficking Unit) The team met with Mr. Hassane Bounaina Haronna and Eso Yahaya Abdou. The CAAT multi-agency team is only based at the international airport. The task team comprises of the Gendarmie, Police and the National Guard. There are plans to include Customs as well as Water and Forestry Department. The unit was established to combat all illicit trafficking with the focus on narcotics. The team was initially named the Anti-Drug Unit but due to a United Nations initiative, it was transformed to CAAT in 2014. The unit currently comprises of 22 officers, including 13 from the Police, 3 from the Gendarmie and 6 from the National Guard. The unit is divided into two groups, with one group stationed at the cargo / freight area and the other at the passenger terminal. All members of the team wear plain clothing and not uniform to conduct their duties at the airport. They sometimes have undercover officers mingling with passengers to identify and profile potential traffickers. They normally wait until the passenger who has been profiled collects his/her luggage at the conveyor belt and then begin to question and search the passenger and luggage. They have an office located at the scanner area before the exit of the arrival area of the passenger terminal. The unit also conducts profiling at the cargo area by inspecting the cargo and documentation. They have contact with other CAAT teams in several other West African countries and have good collaboration with other international law enforcement organizations as well as non- enforcement agencies such as UNODC, WCO and Interpol. They have specialized training in profiling and detection but no specific training in CITES or wildlife crime. One of the unit officers was responsible for the detection and seizure of over 800kg of pangolin scales on October 27, 2019. The seizure was made at the cargo section with the description of the manifest being that of snail shells. Even though he had no specific training in wildlife identification, he had heard about pangolin scales being trafficked around the world and became suspicious, thus leading to the seizure. The case was handed over to Water and WFD which is currently conducting investigations. The assessment team visited the WFD enforcement unit office where they saw the pangolin scales shipment in their secure storage facility (Pictures 4 & 5).


Photo 5: Pangolin scales seizure

Photo 6: Pangolin scale


The CAAT team requires CITES enforcement training. Water and Forests Department (WFD) The team held discussions with Ide Hamani, at the Airport Checkpoint and Madam Salamatou, a Technical Officer. There are seven officers based at the airport, running shifts. Two officers deal with wildlife within the airport perimeter e.g., making sure birds etc. are cleared before the aircraft takes off, the others deal with CITES. Officers gain full powers of arrest etc. after serving one year and are sworn in by a judge. For live animals, they get 24 hours’ notice if a flight is carrying live animals and they get between 10-15 of these per month, mainly parrots and gazelles. Live gazelles are captured and taken to other ECOWAS countries as pets or for breeding. They must have CITES permits or Certificates of Origin for non-CITES species. Only the Director of Water and Forests can issue and certify CITES permits, while Certificates of Origin can be issued locally. The WFD has trained some customs officers at the airport, which led to the seizure of 100 parakeets and when they move elsewhere, they have also proved to be putting the training to good use. In fact, the seizure of lion cubs at the border was made by a trained officer. Officers of the WFD man the scanners in the terminal alongside customs and police officers checking for wildlife products. They handle both the scanner at the entrance of the terminal and the scanner used to screen hold baggage after check-in. For freight, they are informed by customs or CAAT if they find anything, they do not t routinely carry out routine inspections there. They have not found any wildlife products in the last three years. They have recorded three or four seizures of parakeets and two gazelles in the last nine months.

Photo 7: Scanner at airport


Some of their challenges are:

• They have no tools to identify specimens. • They do not have a computer or internet, so everything has to be written up and it is therefore

difficult to extract data. • They have not received any CITES training and so officers have to rely on their own

experiences.

2.3 KOURE: GIRAFFE SANCTUARY Kouré is a rural district located 60 kilometers east of Niamey, the capital of Niger. The town is on both sides of the road linking Niamey to Dallol Bosso, which is also an important road to the borders with Benin and Nigeria. It is well known for its West African giraffe (Giraffa camelopardalis peralta), a subspecies endemic to West Africa. The giraffe population in Niger dropped to a minimum of 50 individuals in 1984, but according to the Association for the Conservation of Giraffes in Niger (ASGN), it now stands at 634 individuals. The ASGN and its partners have helped the local community by providing boreholes, grain banks, grain mills, seeds and fertilizers to encourage the community to protect the giraffes, which can be destructive to crops. However, the giraffe population is threatened by the loss of their habitat, consisting of tiger bush, which is gradually being cleared for agriculture. The assessment team stopped over at the Giraffe Sanctuary in Kouré on the road to Gaya, where they spoke with Ide Adamou, Deputy Conservator of the Water and Forests Department, and Commander Antarou Moussa Moukaila Mohammed of Customs. The team also had discussions with some of the eco-guards/guides who were stationed there. There is a roadblock at the site manned by both the Water and Forests Department and Customs. Mr. Adam explained that they inspect passing trucks, mainly from Benin and Nigeria, and protect the environment. There are 5 eco-guards and 2 rangers based on site. The eco-guards are employed by the community and have no salary but are financed by money generated from tourists who pay CFA 5,000 for the visit. The eco-guards and drivers start as volunteers and are the first line of recruitment when the government hires the eco-guards. Random checks are conducted on the trucks, as they are so many, and officers search for firewood, charcoal, bushmeat and wildlife. They also check vehicles for damages that could indicate a giraffe attack. Heavy fines and even jail sentences are imposed on drivers if they are found to have hit/killed a giraffe. They stop vehicles themselves, sometimes based on information from the border, and sometimes customs alerts them when they find prohibited goods. Mr. Adam assumed this position only in August 2019 and has yet to record any cases. In the past, gazelles and bighorn sheep were found. Local legislation provides for fines for those who do not have the necessary documents, depending on the number of animals they have and for hunting out of season. If CITES species are involved, the person(s) are prosecuted. They have limited resources to conduct patrols as they have no budget for fuel or vehicle maintenance and have only one motorcycle and one truck. They need expert assistance due to the increasing number of conflicts between men and giraffes, and more motorcycles to increase their ability to patrol. There are 12 guides from the local community financed with the CFA F 5,000 per vehicle paid by the tourists for the visit, which are split as follows: 20% for the guides themselves and 80% for the others. Due to the security situation in Niger, few people come to visit the giraffes’ sanctuary, so they need help to find other employment avenues in order to survive. They do not have their own vehicles, so they either walk or ride in tourists' cars. They need a vehicle because they cannot perform all their duties using a motorcycle.


Commander Antarou Moussa Moukaila Mohammed of Customs indicated that eight officers are based there, working 24 hours a day, seven days a week, on a week-long rotation on site and then in other areas before leaving. The priority for them is revenue, then environmental protection and security. Officers have not received CITES training but have received some training at the Customs School. They have the same military training as the Water and Forestry officers and are armed. They have been there for two years and they have not found any illegal wildlife; they generally have documentation covering everything they have found. They found someone in possession of firewood, but underneath there was illegal charcoal, so they handed him over to Waters and Forests Department. Information is shared with ECOWAS countries via an interconnected database. They do not have computers on site, so they transmit information by telephone if there is something important or outside their jurisdiction. Lack of training is a challenge. The Waters and Forests Department has tried to provide some training, but it is the high-ranking officers who attend, not the field officers 2.4 GAYA: LAND BORDER CROSSING POST WITH BENIN Gaya is a town in the Dosso Region of Niger. It is situated 254 km southeast of the capital, Niamey, on the banks of the Niger River and near the borders with Benin and Nigeria. Gaya has a population of 28,385 (2001 census). As the wettest area in Niger, Gaya averages 800 mm in rainfall a year. There is a bridge connecting Gaya to the town of Malanville in Benin, where up until approximately June 2018, the crossing points in/out of both countries were situated either side of it. Since then, a shared crossing point, which was built by ECOWAS, has been operating on the Benin side of the bridge. The border is secured by units of both Benin and Niger national Customs authorities and is open 24/7.

Photo 8: ECOWAS border post Malanville


Police The assessment team met Inspector Chaibou Souley, of the national Police (those responsible for immigration) who explained that he had been stationed at this border post for two years and was there when the new border post opened. Relationships with his Benin colleagues are good with no major problems, aside the few initial adjustments that had to be made. There are six police officers based at Gaya who he said were not enough to handle the workload. Their job is to: Check identification papers and visas, where required, of people passing through. On one

side of the building, they check people coming into Niger and on the other side people leaving Niger. The same applies to Benin authorities;

Use the Migration Information and Data Analysis System (MIDAS) for scanning documents and fingerprints into a central database which also checks the information against national alert lists and INTERPOL’s alert list and can be accessed by other services including the Water and Forests Department. All persons passing through go through this process, although the scanner does break down from time to time;

Work very closely with other agencies stationed at the border during vehicle inspections; Participate in official meetings organized by the coordinating office for agencies of the two

countries to discuss security issues and resolve potential problems; Search at least 15 buses crossing the border each day, about 1,000 passengers in all. The anti-drug section of the police conducts joint vehicle searches with Customs and the

Water and Forestry Department to check for any irregularities/smuggling offences, including weapons, drugs, revenue and wildlife. The relevant department deals with the case if anything is found.

Inspector Souley has not found any wildlife or wildlife products since working there. Officers have not received any CITES training, but they feel it would be helpful if all officers were more aware of CITES. Officers are assigned to positions based on a three-year rotation system for all staff (this applies to all government departments). Customs Commandant S. Mamaine Sani, who had been there for only two months, briefed the assessment team on the role of customs at the border post. He indicated that there were between 8 – 10 officers stationed there on a shift basis, mainly to check trucks transporting freight passing through Niger to Nigeria. Approximately 100 trucks a day pass through the border post carrying freight. Of these, 70% are in transit to Nigeria and 30% are imports into Niger. If they come through a port, the containers are sealed, and customs checks those against the documents. The trucks in transit are allowed to continue their journey. Those that are not sealed and destined for Niger will have their manifests and other documents checked. Cargo is not examined at the border post, but at three inland clearance locations, the largest being in Niamey. Trucks carrying freight for Niger have to wait at a place close to the border until the Friday, when a convoy is allowed to proceed to the relevant inland border post, followed by a customs escort. There is a scanner at each location and all the trucks will go through it. Full customs procedures take place and the revenue collected. They use the automated ASYCUDA system for clearance of cargo at these clearance points. Mr. Sani has not received any CITES training, but he cannot be sure of all the other staff as he has only been there for two months but suspects not. They deal with all types of fraud, including wildlife and CITES is seen as high priority within the service. They work closely with other agencies at the border and share information. The same applies to their colleagues in Benin. There was a seizure of some ivory jewellery in 2017, before the joint post was established. The Water and Forests Department explained that two people were stopped on a bridge and were found with


the ivory. They were asked to bring packages over but did not know it was ivory. No charges were laid against them. Commandant Sani thought that only those in senior positions had access to the WCO database and was not aware of any Region Intelligence Liaison Offices (RILO). Forests Department The Assessment team met with Sergeant Boubacar Ali Daouda and Sergeant Abdel Nasser Rabe who indicated that they work 48 hours before rotating to other areas of work. They work in pairs, one completing the documents in the office, the other works with customs and police undertaking searches of buses and other vehicles. Once searches are completed, a document filled by Police, Customs and Forestry officers is given to the driver, who will then show it at inland checks on the way to their destination. If they find items without a document, they report it to the District Director, who makes the decision on what action to take. They take the person and goods to the brigade and the director will determine whether to fine them or prosecute. The director is also responsible for preparing the file for the judge. There was a case involving parakeets which were found on a bus. Apparently, the owner did not go on the journey, he simply put them on the bus as is often the case with parcels etc. as the bus provide a delivery service, as well as carrying passengers. No charges were made, but the owner was put on the INTERPOL database. Bus companies need to be educated about accepting these sorts of goods. Commandant Abdoul-Aziz SeynI will follow up on this issue. None of them had received any CITES training. Apparently, WABBIC tried to create a WhatsApp group between countries, but it is not working. They mentioned that they have no vehicle and that they have to go everywhere on foot. They also require training. 2.5. MAKALONDI: LAND BORDER CROSSING POST WITH BURKINA FASO Makalondi is the busiest of the border crossing points into Burkina Faso and is located at about two and a half hours drive from Niamey. The opposite border town in Burkina is Kantchari. National road 6 runs through Makalondi and connects Niamey’s neighboring town to Ouagadougou, the capital of Burkina Faso. It is a much less busy crossing than Gaya, and there are also separate control posts for Niger and Burkina Faso. Water and Forests Department Oumarou Mahamane Djaharou and Sergeant Abdel Kader Adam Abdou explained the work they carry out at the border. As at Gaya, they work in pairs on a shift basis for one week and then another pair takes over. One works in the office and the other with the police and customs searching vehicles at the Burkina border post. The Burkina border closes at 6pm, so they rest then. They check documents and even if they seem genuine, they refer them to their bosses, because of fakes and the difficulty in sometimes matching them with the animals. Six months ago, they saw a gazelle being transported on a bus by a Nigerian who was taking it to Burkina or elsewhere. They have worked hard to stop poaching and now they do not see this sort of problem very much.


Photo 9: Water and Forests Office in Gaya Customs The team met with Hammed Amayor, Chief Inspector of Customs, Head of the Torandi Office who provided explanations on Customs activities at the border.

They mentioned that they need: capacity building; a bigger workspace (their office is a quarter of a shipping container); a computer to assist them with the identification of specimens, accessing information etc.; posters and pictures to sensitize people passing through and those working there.

• There are six or seven officers based at the border, none of whom have received training on CITES and therefore their knowledge is inadequate. He did not know if there had been any seizures in the last three years, as these cases would be handled by the Water and Forest Department.

• They record around 20 vehicles passing through each day. Most vehicles coming in are commercial vehicles and most going out are buses. As in Gaya, they check the documents for commercial vehicles, but the scanning is done at one of the three inland clearance posts and so inspections are not conducted there.

• They work closely with the police as well as the Water and Forest Department, holding regular meetings to discuss issues, including security.

• He mentioned that he was there when some lion cubs were found. They were in a box under luggage in a small truck and could easily have been missed as it was night-time.

• Since they work together with Water and Forest Department, he did not think they needed any training as they refer all cases to the department. He did however concede that some identification awareness would be useful.

2.6 OTHER SITE VISITS

1. NGO – COGEZOH (CONTRIBUTION TO THE MANAGEMENT OF WETLANDS)


Mr. Abdoul Karim Samna explained that he was the focal point in charge of the national Strategy for Cheetah and African Wild Dog Conservation. There are three regional strategies covering the North, South and West of Niger. The Zoological society of London (ZSL) is the funding organization and Ministry of Environment the lead agency in charge of the implementation of the regional strategy which began in 2016. The national strategy is taking a lot longer to implement due to lack of coordination, security issues and the need to involve local communities. Mr. Samna said that there have been two multi agency law enforcement training programs organized by ZSL in 2019, the first involved decision makers i.e., heads of departments; the second involved people on the front line. It is a three-phase program, although he said that funding was required to progress to phase 2. In discussing penalties, Mr. Samma explained that the illegal killing of a buffalo or protected species would attract a fine of up to CFAF 300,000 ($500). The new legislation is looking to raise fines, though he was not sure by how much. However, in December a person arrested for killing a buffalo was taken to a judge who had received training and was sentenced to 9 months imprisonment. The main poachers come from Nigeria, often by boat, but Nigeriens are also involved. They are putting a lot of effort in providing local populations around the parks with alternative livelihoods to dissuade them from engaging in poaching, one of which is the introduction of beekeeping. They have set up 1,500 beehives so far and showed the team examples of them which were stacked up in the office. Another problem was women collecting leaves from Baobab trees, which affect their growth. They started nurseries growing this species which can now be harvested weekly and without them having to climb trees. He worked in W Park for nine years and stated that 80% of poachers there are Nigerians. They have sophisticated guns, which are said to be coming in from Libya, so it is becoming difficult for rangers to deal with them. Instead of sending the army to address the issue, the government is telling tourists to avoid the area, leading to increased poaching activities. Sensitizing law enforcement agencies working on the front line is important, but the government needs a better understanding of the problems within the parks. Also, when the new law is in place, all agencies need to be aware of it and make sure they enforce it.

2. Central Water and Forests Department The assessment team met with Commandant Abdoul-Aziz Seyni, Deputy Director of the Water and Forests Department and discussed its role. Dr. Seyni is the Head of the Hunting Division as well as the Technical and Scientific Advisor on CITES matters for the Director of Wildlife, Hunting, Parks and Reserves (DFC/PR). He holds a Ph.D. in Natural Resource Management and Climate Change. His responsibilities include verifying whether species are listed in the CITES appendices and training his colleagues. He has focused all the administrative work on wildlife crime, water resources, hunting, training and supervision of university students. His Master's thesis on CITES addressed the establishment of a community alert system on wildlife crime issues in the W-Niger Park. He is involved in a UNDP multinational project on elephant protection being implemented in the three countries that share W Park. He is also working on the conservation of giraffes and hippos in the West of the country. Though investigations are under his purview, he does not have a lot of experience in this area. He did level 1 training, which helped, but missed level 2 as he was away. During his research around the W-


Niger Park as part of the Msc CITES program, he visited the villages in civilian clothes with his personal car, which enabled him to collect a lot of information for his thesis. There are four national directorates within the Central Water and Forests Department

• Directorate of Wildlife, Hunting, Parks and Reserves; • Directorate of Fisheries and Aquaculture (Fishing in rivers); • Directorate of Sustainable Land Management and Climate Change; • Directorate of Nature Protection.

Commander Seyni works in Wildlife sector and provides the Nature Protection Directorate with all the information required for its work. His team works through Interpol and has a WhatsApp Group they use to get assistance from other countries. He understands that should information be required as evidence for court, then it must be done through official channels. They have good relationships with customs, police, and gendarmerie, as those with similar ranks all did military training together and it was clear that they knew each other well throughout the assessment. Foresters are based at all border posts, either 2, 3 or 4 of them working at a time on a rotation basis. There is no intelligence team within Wildlife Division, but they are able to approach the Financial Investigation Unit (FIU) to get information. The FIU can seize assets from convicted criminals and have done it for wildlife cases, but not often as it is the poorer individuals that are usually caught. They can also go to banks with a court order to obtain financial information. The police have forensic labs which can obtain information from phones, computers etc. and both the gendarmerie and judiciary police have forensic units. They do use paid informants, usually from the local communities, but this is obviously done in secret. Foresters mostly come from local communities and are encouraged to look for information. The main challenges Commander Seyni highlighted are as follows:

• Lack of experience in wildlife investigations constrains their ability to be proactive and to prosecute offenders;

• Lack of materials to identify specimens; • The need to train all agencies and colleagues; • More networking is needed between agencies, particularly in key locations; • There is a lack of computers and so everything has to be done manually on paper; • There is a need to build a national database for wildlife information and intelligence; • Currently there is no access to wildlife forensics; • Rangers are not experienced enough in dealing with poachers and investigating offences; • There is a lack of equipment in the field and at posts within the W Park i.e. GPS for patrolling,

radio equipment etc. • Because of the security issues and the difficulties in covering the terrain, drones are needed

to assist in identifying poaching incidents.


3.0 OVERVIEW OF WILDLIFE LAW ENFORCEMENT 3.1 PROACTIVE ENFORCEMENT AS DETERRENT TO WILDLIFE TRAFFICKING

3.1.1Law enforcement Priority In Niger, combating wildlife trafficking is generally seen as mainly a high priority for law enforcement agencies. However, many officers lack knowledge in species identification or detection. The Water and Forests Department is the mandated law enforcement agency, and all cases are handed to them for investigation and prosecution. All wildlife cases requiring investigation, arrest and prosecution are referred to the department. Officers of the Water and Forests Department have the same search and seizure powers as the police. Customs view wildlife crime as a priority crime but lack knowledge regarding species identification and detection. Not much intelligence regarding wildlife poaching or trafficking is gathered by the various agencies. Efforts at combating wildlife trafficking is more reactive than pro-active. The WFD have officers based at the international airport and official border posts. At the time of the assessment none of these officers were included in the airport CAAT team, but plans were being discussed to include them. Water and Forests Department officers at the airport have identified certain airlines (flights) as high risk in terms of wildlife smuggling, including Ethiopian and Afriqia airlines. Due to the current security situation in Niger all flights are considered high risk. The national police does not intervene and does not conduct checks beyond 10 km from cities. There are some checkpoints manned by the Water and Forests Department that search vehicles for fauna and flora offences. There are no formal collaborative or information sharing agreements or MoUs in place between the Niger law enforcement agencies but there seems to be good multi-agency collaboration.

3.1.2 Serious crime In Niger, even though narcotics and weapons smuggling are considered a more serious crime, wildlife trafficking is recognized as a transnational organized crime within law enforcement agencies, hence the planned inclusion of the Water and Forests Department officers in the airport multi-agency task team, CAAT. The main problem Niger experiences regarding wildlife trafficking and poaching are caused by Nigerian nationals. Approximately 80% of all poachers arrested in Niger are from Nigeria.

3.1.3 National law enforcement strategy The Assessment Team was made aware by Commander Seyni that a regional strategy has been developed and that they are working on a national one, but he did not indicate how far it has been developed. Currently wildlife trafficking is dealt with on an ad-hoc basis, as and when information / intelligence is received, which is minimal. Enforcement for wildlife crime is currently reactive and not proactive. Meetings are held between the various law enforcement agencies, but no specific wildlife cases are discussed. A national strategy should go a long way in resolving this.

3.1.4 National cooperation In Niger, the cooperation and collaboration between agencies appear to be good at the local level in the airports and land boundaries where they meet regularly to discuss aspects of law enforcement issues, including wildlife trafficking. The last meetings were held in October and December 2019. During the interview with Ismael Soumona, Head of Police Unit at Makalondi Border Crossing Point, he explained that they developed an Integrated Management System at the border, where all agencies


work together seamlessly. It is a concept rather than a formal process, the police have developed the system and there are three levels, intra service, inter service and international. The concept involves all services, including Gendarmerie, army, national guard as well as the Police, Customs and the Water and Forests Department. When lorries and buses enter the border post, a special division of all services check them at the same time. This not only saves time for goods and people crossing the border but also to make searches more efficient and the relevant agency is on hand to deal with anything illegal that is detected. For security purposes they share intelligence and work as one. This has been rolled out to all the border posts, so for instance all the agencies are present at scanning points at the airport. The foresters have the same powers as the police and patrols tend to be multi agency, along with the gendarmerie. There appears to be no formal inter-agency structures at national level where cooperation to tackle wildlife poaching and trafficking is addressed. There is currently minimal information shared from the HQ level and/or INTERPOL to the border and airports, even though the Water and Forests Department have officers posted there. All enforcement agencies in Niger are aware that all crimes and seizures concerning wildlife are to be handed to the Water and Forests Department and this always happens.

3.1.5 International cooperation Currently, Niger is not Party to any regional enforcement strategy. There are no formal agreements between countries that Niger law enforcement agencies are aware of. There have been no cross-border multi- agency wildlife trafficking / poaching investigations. Law enforcement authorities require adequate training to initiate such investigations. However, Ismael Soumona, Head of Police at Makalondi Border Crossing Point mentioned that the police have regular contact and hold meetings with their colleagues in Burkina and connect with them via WhatsApp. Documents of all persons passing through are scanned and sent to the central office in Niamey. CAAT at the airport currently has contact with other international airports but it is doubtful they share information related to wildlife crimes on a proactive and not reactive basis. INTERPOL is expected to play a leading role in international cooperation, but it does not have a dedicated wildlife desk in Niger. Customs occasionally receive some information from WCO and have access to their database if they want to. Customs are not aware of the ENVIRONET data platform which they can use.

3.1.6 Strategic risk management Ideally, risk management practices could be coordinated activities that directly control risks and help to identify high-risk activities, locations and people, as well as to target operational planning and the impact of anti-trafficking measures. Risk management helps determine the greatest areas of exposure to effectively manage these risks. Among other things, risk management helps to identify activities that require a higher level of control. Strategic risk management practices are sometimes used by law enforcement agencies but are constrained by the lack of knowledge and information. The CAAT at the Diori Hamani International airport has been trained to use risk analyses when targeting all types of trafficking, including wildlife but require additional training regarding profiling, risk analysis and detection. Officers manning the land border posts have no wildlife identification / detection training as their priorities are duties and excise, then weapons and narcotics trafficking. There are Water & Forests Department officers at the border posts, but they also require training in risk analysis to be effective in combating wildlife trafficking.


3.1.7 Proactive investigations Proactive investigations to target prominent wildlife trafficking threats and pre-identified targets, groups and individuals are not carried out by law enforcement agencies in Niger, they use reactive methods. Government law enforcement agencies lack the knowledge and skills to conduct effective proactive investigations on their own. They are able to recruit informers and have a legislation that allows them to conduct proactive investigations, but they primarily conduct these types of investigations only within the low levels of the wildlife trafficking supply chains, if any. No inter-agency meetings are conducted to discuss cases and criminal elements of wildlife trafficking. They have the commitment to conduct these types of investigations but require the necessary training. The Niger law enforcement agencies have specialized units such as the Financial Investigation Unit and units with capacity and capability to use investigative tools such as mobile phone data extraction and analyses. A multi-agency task team approach should be initiated to combat wildlife trafficking and facilitate proactive investigations.

3.1.8 Staffing, recruitment and law enforcement training The Water and Forests Department, as well as other government law enforcement agencies, have a policy of staff rotation every 3 years, resulting in less experienced, professional, technical, investigative and administrative staff required to sustain proactive wildlife investigations and law enforcement. There is no CITES or illegal wildlife awareness training at exit/entry points for officers within these agencies, including Customs, Police, scanner / x-ray personnel or other personnel who are in positions that could make illegal wildlife detections / seizures. The Customs and police services both indicated that they had not received any training on CITES, because it is the bosses who attend even though they are not in the field. It is important that when there is CITES training, the right people attend. Wildlife trafficking is not included in the training schools of new entrants in any of the law enforcement agencies. There are Water and Forests officers at most border posts working 48-hour shifts in pairs and moving continually between posts. This does not allow for effective border control. It is unclear how officers are able to work 48-hour shifts at a time as there were conflicting statements from officers at the various posts. Beds and/or mattresses were seen in some of the office facilities which are most probably used by officers during the 48-hour shifts.

3.2 DETECTION OF WILDLIFE TRAFFICKING BY LAW ENFORCEMENT AGENCIES

3.2.1 Targeted enforcement presence Niger has a multi-agency team (CAAT) at the international airport and including Water and Forests officers in the team would be very beneficial. The CAAT is willing to tackle wildlife trafficking and if this multi-agency concept could be extended to the land border posts, a stronger targeted enforcement presence would be achieved. Lack of an intelligence data platform impedes proactive law enforcement or investigations. Law enforcement agencies are not proactive in their approach to wildlife trafficking, they only react when something is found. Collaboration among the various agencies seems to be good. This should be developed into a national and regional strategy for combatting wildlife crime and should involve NGOs.

3.2.2 Joint supportive operations A multi-disciplinary law enforcement operation is one that involves officers from all relevant enforcement disciplines as appropriate, for example, officers from police, customs and the wildlife regulatory authority. The operations could be local, national or international in scope. As mentioned earlier, the only multi-agency team is the CAAT based at the international airport. The various agencies conduct monthly or bi-monthly high-level meetings, but no emphasis is laid on joint


investigations on wildlife trafficking or poaching. Operations can either be sub-national, national or international in scope. Even though the various agencies collaborate to a certain extent, there are no formal wildlife joint operations apart from those conducted at the official border crossings where the Police, Customs and the WFD conduct searches on vehicles crossing the border. It was established during the two border post visits that the Water and Forests officers conduct searches by themselves without the other agencies except if they specifically request their assistance. At the Makalonde border post between Niger and Burkina Faso, the respective police agencies meet on a regular basis. This is in accordance with an Integrated Management of Border program, but wildlife cases or enforcement thereof are not discussed. For security purposes, patrols in the forest areas are jointly carried out by the WFD, police and gendarmerie.

3.2.3 Border control staff This indicator measures the extent to which ports of entry and exit are staffed with law enforcement officers that are aware of and trained officers have no CITES or wildlife identification training at the Customs Academy.

in detecting and responding to wildlife crime. In Niger, there are WFD officers stationed at the airport and border posts to deal with any wildlife issues that occur, however, officers from the various other agencies working at these stations do not have any wildlife training or knowledge thereof. There is a need for training on the CITES appendices, identification of species and a need to attend COP regional meetings. Customs

3.2.4 Border control equipment There are scanners at the airport, but no scanners were seen at the border posts visited at Gaya and Makalonde. Container and truck scanners are apparently located at three locations around Niamey where the scanning operation is conducted. This was not verified as a visit was not possible at that time. No scanning or searching of trucks and containers are conducted at the border posts. Trucks and containers are gathered daily at the border posts where they move in convoy with a Customs officer to Niamey and are apparently searched there. No anti wildlife trafficking / poaching materials / posters / banners are displayed at the border posts or the airport to help educate the public passing through.

3.2.5 Inspection and seizure powers In Niger, all the relevant agencies have the power of inspection, seizure and confiscation to fulfil their law enforcement roles effectively. All fauna and flora seizures are handed over to the WFD for further investigation. Its officials have the same search and seizure powers as the police.

3.2.6 Disposal of confiscated wildlife specimens Confiscated wildlife specimens are handed over to the WFD for further investigation and secure safekeeping. The assessment team visited the WFD Operations Unit where they were shown 800 kg of pangolin scales intended for Kuala Lumpur, Malaysia, which was seized at the international airport cargo section. The Operations Unit was investigating the case and it was stated they were liaising with Interpol and Malaysian officials. The exhibits were stored in a locked room. The assessment team visited the national museum, which houses a fee-paying zoo that the Water and Forests Department uses as a rescue center, when necessary. Though not spacious, the zoo houses some large animals such as lions, hippos, hyenas, chimpanzees, baboons, and other monkeys. There


are also birds, including vultures, owls, and ostriches. The housing for most of the animals was very poor with dated cages providing very little room and often not built for the species housed. There was also no hiding place from the public who seemingly wanted the animals to react in some way and gave the animals little respite. The team would not recommend that this place be used as a sanctuary by the WFD, except for a very short period.

Photo 10: Fee-paying zoo

Photo 11: Chimpanzee at the fee- paying zoo


The team was shown a parcel of land which the Water and Forest Department had acquired and intends to seek funding to transform into a sanctuary for some animals and an education center.

3.3 WILDLIFE TRAFFICKING THOROUGHLY INVESTIGATED USING AN INTELLIGENCE-LED APPROACH

3.3.1 Investigative capacity Law enforcement agencies in Niger are primarily reactive and not proactive when tackling wildlife crime. The WFD certainly has the capacity and willingness to investigate wildlife cases but lack the necessary skills when dealing with proactive wildlife trafficking investigations. Further training and the establishment of an intelligence data platform are required.

3.3.2 Information management CAAT at the international airport has a limited information management system which is not specific to wildlife crimes. Intelligence and data capture officers require training on CITES and wildlife trafficking investigations. They would also welcome training in managing information on wildlife trafficking. According to the police and WFD officers interviewed at the border posts, informers are recruited but how they are managed could not established during the assessment period.

3.3.3 Intelligence-led investigations and analysis In Niger, intelligence analysis is carried out by the CAAT at the airport in their profiling work, though in the case of CITES it is limited due to lack of knowledge and information. However, the seizure of 800 kg of pangolin scales came as a result of good basic analyses of information obtained from the shipping documents, which described the shipment as ‘snail shells.’ Crime intelligence is information that is requested, gathered, compiled and analyzed to anticipate, prevent and/or monitor criminal activity. Crime intelligence is disseminated to direct and support effective law enforcement action, investigations and prosecution. In Niger, intelligence-led wildlife crime investigations are not conducted by law enforcement authorities. There is no central database for wildlife information / intelligence. Information is fractured with little or no information from other agencies within Niger. Wildlife information is not analyzed because law enforcement authorities lack expertise in this field.

3.3.4 Follow-up investigations The authorities responsible for combating wildlife crimes have the capacity to conduct high level follow-up investigations if they receive the appropriate training. They understand the importance of multi-agency investigations under the direction of prosecutors, but they need capacity building in those areas to effectively act. They have anti-crime units that specialize in investigations, such as the financial investigation units and the fingerprint analysis unit. They also have specialized units that can use survey techniques such as extracting data from cell phones. These units are not used in the investigation of wildlife crimes to the extent they should be. The WFD does not conduct follow-up investigations as much as they should. It seems motivated to do so but lacks the knowledge and capacity to conduct these types of investigations themselves. They have no formal investigation training especially in cross-border trafficking crime.


3.4 SPECIALIZED INVESTIGATIVE TECHNIQUES USED TO COMBAT WILDLIFE TRAFFICKING

3.4.1 Use of specialized investigative techniques Specialized investigation techniques such as monitoring national and international deliveries, deployment of tracking devices and covert operations against wildlife trafficking have not been used by national law enforcement agencies to combat wildlife trafficking according to most law enforcement authorities. However, a controlled delivery was initiated during the 800 kg of pangolin scales seizure at the international airport by the CAAT team that had previously received controlled delivery training from the UNODC. As a result of the training, a successful arrest of a suspect was made during the controlled delivery. This would not have been achieved if the CAAT team had not received that specific training.

3.4.2 Forensic technology The President of the Court of Say, Mr. Ali Mamane Ali said that with the advent of terrorism, Niger's forensic capabilities have been improved, particularly in terms of data extraction from phones, computers, ballistics, DNA analysis, fingerprint analysis and other standard procedures. For all cases, including wildlife cases, the central office can be contacted for data and/or physical evidence processing. However, it is an office with limited capacity and is located only in Niamey. They have limited knowledge on evidence collection for wildlife cases. The country closest to Niger with some form of forensics laboratory is Ghana. There may be a possibility of Ghana extending support to Niger if an official request is made.

3.4.3 Financial investigations

Niger has a Criminal Code that provides for the power to confiscate money and property seized during legal proceedings. According to Mr. Mamane Ali, Decree N°2016-605/PRN/MF of 03-11-2016 establishes the Caisse de Dépôts et Consignations (CDC), a structure intended to receive all funds relating, among other things, to legal proceedings, in kind as well as in cash, and to invest them to generate profits. The text establishing this institution requires judges to place at the disposal of the CDC all objects having a monetary value, including wildlife.

In addition, after a confiscation order is issued, another structure within the Department of Justice, responsible for confiscation, freezing and seizure has the authority to sell the confiscated property, regardless of its nature.

3.4.4 Use of criminal law Nigerien law is based on the French legal system, under which investigating judges investigate and judge the criminal cases for which they are responsible. Those arrested must be notified of their right to a lawyer within 24 hours of detention. Nigerien law allows individuals to be detained initially for up to 48 hours without charge and allows an additional 48-hour detention period if police need more time to gather evidence. Conservation of wildlife is guaranteed by laws and regulations enacted by the Government of Niger, which has enforced a permanent ban on hunting so that animals such as lions, hippos and giraffes are safe in the wild. According to Mr. Mamane Ali, most wildlife cases are settled outside the judicial system by the authority handling the case and sometimes through diplomatic channels. He added that a large quantity of pangolin scales had been seized at the airport of Niamey, but he is not aware of any legal proceedings for this case. The United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000, is the main international instrument in


the fight against transnational organized crime. Currently, law enforcement agencies in Niger do not use this convention to combat wildlife trafficking.

3.4.5 Case file preparation The WFD Operations Unit currently tackles very serious cases of wildlife crimes, for example the 800 kg pangolin scales seized at the airport. Cases are referred to the Nature Protection Department when prosecution is considered, to prepare the case files. Mr. Mamane Ali explained that the Law, in particular Article 40 of the Code of Criminal Procedure, confers on the Public Prosecutor the power to direct judicial police officers, who are required to immediately inform the Public Prosecutor of offences, including those related to wildlife, that come to their knowledge. This obligation to report continues throughout the investigation, during which the investigator receives instructions on the conduct to adopt from the Magistrate. The current case file building and presentation are basic.

3.4.6 Case clearance rate and administrative penalties

As mentioned under 3.4.4, cases are generally settled outside the judicial system and Mr. Mamane Ali was not aware of any cases that had been brought before the courts.

3.4.7 Prosecutorial capacity

Mr. Ali Mamane Ali indicated that in Niger, there is no prosecutor specifically in charge of wildlife crime cases. The judicial organization provides for specialized sections for terrorism, transnational organized crime and an economic division. However, it can happen that one is confronted with international cash trafficking, meant for financing terrorism, which therefore falls under the jurisdiction of both divisions. Concretely, even in hunting areas, it is the same judges and prosecutors who deal with all offences and without distinction.

The judiciary's knowledge of wildlife crime appears to be weak. According to Mr. Mamane Ali, the training of magistrates is done at the Judicial Training School (EFJN) and the curriculum does not include a module on wildlife conservation. According to the information he gathered, a module on environmental law has recently been introduced. When Mr. Mamane Ali was studying in this School no such subject was taught. Even at the Faculty of Law, the teaching of Environmental Law is recent.

Niger’s Penal Code does not provide all the tools necessary for the prosecution of wildlife crimes. For example, conspiracy does not appear to be criminalized. However, the Penal Code allows the prosecution of acts of complicity, defined as using gifts, promises, threats, abuse of authority or power to:

- knowingly help or assist the author of a crime or offense in preparing or facilitating the commission of that crime or offence; or

- procure weapons or other equipment knowing they will be used in the commission of a crime. In prosecuting crimes that involve wildlife, seizure and forfeiture provisions are important. However, there are no provisions in the Penal Code or Code of Penal Procedure that would generally allow asset forfeiture in connection with wildlife offences. Moreover, there are no sentencing guidelines that apply to wildlife crimes.

3.4.8 Prosecution guidelines Prosecutors give the WFD investigation officers the authority to investigate and are involved with the investigation from the beginning. No information was made available to the team regarding prosecution guidelines.


3.4.9 Available penalties

Niger legislation on combating wildlife crime currently allows for penalties ranging from CFAF 5,000 to 10,000,000 and 1 month to 10 years’ imprisonment.

Mr. Ali Mamane Ali stated that wildlife provisions are contained in Law 98-07 of 29-04-1998 and provide for a maximum prison sentence of 6 years and a maximum fine of CFA francs 4,000,000 for hunting fully protected animals, in line with the CITES Law.

He also added that the 1998 Law has not been revised. There have been several failed attempts, but in 2020, with the support of ZSL, a revision project is underway and is at a very advanced stage.


4.0 CONCLUSIONS AND RECOMMENDATIONS 4.1 TRAFFICKING ROUTES AND SEIZURES Data has not been forthcoming as yet, so the assessment team can only surmise from what they heard on their visit that the number of seizures in Niger is relatively low. However, the main threat appears to be traffickers from Nigeria. The 800kg of pangolin scales seized by the CAAT Team had been smuggled from Nigeria and was en route to Malaysia via Niamey Airport. This would suggest that lower risk countries are being used as transit point for wildlife trafficking. The seizures notified to the assessment team are lacking any detail other than there have been seizures of crocodile, snake, buffalo and crocodile skins, lion cubs (found on a border), five ivory tusks and 43 parakeets in the last three years. Mr. Samna from the NGO COGEZOH suggested that 80% of the poaching in W Park was carried out by Nigerians. Small mammals and reptiles such as frogs and chameleons used for food and traditional medicine are being smuggled into Niger from Nigeria. The market survey revealed that wildlife for traditional medicines/rituals is being smuggled from Nigeria, Benin and Burkina Faso and sold in Niger markets. Open searches on the Internet yielded very little information. There is no doubt that security issues, particularly to the North of the country, but also in the W Park make it difficult to enforce laws on wildlife in the region. 4.2 CHALLENGES RAISED BY PARTICIPANTS The lack of knowledge in wildlife trafficking and CITES was raised at every meeting as a major issue. The Water and Forests Department is responsible for investigating and preparing case files, but they have little experience or training in this area. The lack of equipment such as vehicles, patrol equipment and computers hampers their ability to be proactive in carrying out investigation or intelligence gathering. Without any surveillance equipment such as drones, it is difficult to prevent poaching and wildlife trafficking given the security problems in parks in the North and South. While communication between agencies is very good, little networking is done to develop a multi-agency approach to combat wildlife trafficking. In Niger, law enforcement officers in areas remote from Niamey face many difficulties. Officers along the border with Nigeria face many problems, particularly because of the porous nature of the Niger-Nigeria border. In northern Niger, there has been a significant decline in the number of vultures. This decline is certainly due to poaching caused by belief-based use. In the absence of vultures, many animal corpses decompose in the wild, which can lead to health problems.


Niger also faces a continued increase in gazelle poaching. Wealthy individuals from the capital are sending money north to maintain these poaching networks. They hire idle young people and give them money to buy motorcycles to facilitate poaching activity. In July 2020, 4 poachers who killed about 40 dorcas gazelles were arrested. Authorities recommend that officers in the regions be trained to combat wildlife crime. They also recommend raising public awareness through the media, including the production of documentaries. 4.3 KEY RECOMMENDATIONS The Water and Forest Department, the Police and other bodies tasked with managing, preserving and protecting wildlife are constrained by inadequate human, financial and material resources. Those involved in illegal trade and trafficking in protected species receive relatively light penalties, indicating that the issue requires more attention. Judging from the responses provided during interviews conducted by the assessment team, cooperation between agencies on the frontline is very good. Their main aim should be to develop a more coherent enforcement tool by formulating a clear strategy on how to tackle wildlife crime both nationally and transnationally. To tackle the challenges identified, the assessment team and Nigerien participants made the following key recommendations:

1. It appears that a national strategy is being developed, which ultimately is required to tackle wildlife trafficking. This should be linked to the strategy that has been developed at the regional level and should cover poaching as well as trafficking. It will be necessary to get all the key organizations to sign up to it, clearly define their respective roles, and have focal points designated to deal with CITES wildlife issues.

2. Currently, Niger does not appear to adequately prosecute wildlife traffickers or those who commit wildlife-related offenses, but law enforcement authorities impose fines by virtue of the powers granted to them, sometimes through diplomatic channels. It is very important, both as a deterrent and as a statement by law enforcement authorities, that wildlife offences are taken seriously, and that cases are referred to the judicial system for prosecution.

3. An awareness raising workshop should be held for senior managers to enable them to understand the severity of wildlife trafficking and the adverse effects it can have on a country in the long term.

4. The Water and Forests Department certainly appears to have good contacts with other agencies because of the military training which the different ranks in all the enforcement agencies undergo. However, they need to take the lead in developing collaborative relationships with other agencies by strengthening links with other institutions, sharing information and planning joint law enforcement activities.

5. Sustainable capacity building programs (Train-the-Trainer) should be implemented in all law

enforcement agencies dealing with wildlife crime. This should range from basic training for rangers in the field to basic modules on crime scene preservation and the chain of custody of evidence.


6. Though WFD officers are based at all the border posts, it is still important that those enforcement officers who are working on the front line receive the relevant awareness training, so they have a better understanding of what they are looking for.

7. The WFD is responsible for the investigation of all wildlife offences and therefore require the

relevant training to do so, as confirmed by Commandant Seyni. This should include areas such as investigative techniques, evidence management, conducting transnational investigations, case file preparation and giving evidence in court.

8. Customs should be encouraged to include a course on CITES in their training program for

new entrants and call on officers who have undergone Train-the-Trainer training to assist. The aim must be to make Niger self-sufficient with regards to CITES training when the program ends.

9. There needs to be a greater focus at entry and exit points, particularly at airports and ports

which traffickers are using to smuggle out wildlife products. Establishing a network of Customs officers or wildlife officers, trained to a higher level at all entry/exit points should be considered. There are many tasks they could undertake, including: Acting as a link with frontline officers and keeping them updated on any latest trends,

assisting them with the identification of species, etc.; Liaising with their colleagues in the network and ensuring new information is shared. Ensuring detections improve, using the methodology agreed with stakeholders and acting

as the liaison point in such cases; Keeping abreast with trends / operating procedures and updating colleagues; Dealing with confiscated specimens using agreed procedures.

10. CAAT appears to be very well organized and have a good understanding of profiling, however,

there is a need for them to receive CITES training and develop a good understanding of how to develop a profile for wildlife trafficking.

11. There are discussions about including WFD officer(s) in the CAAT. Having witnessed this happen in other ECOWAS countries, the assessment team would recommend this is done as soon as possible.

12. There is no intelligence gathering system in place, other than the one used by CAAT to profile passengers and freight at the airport. The WFD appears to be the most appropriate agency to develop this, given the network of officers it has at the border posts; however, it will require the appropriate training and equipment to do this. None of the border posts the team visited had computers, everything being done manually. Investment is needed in computers for intelligence gathering to be effective.

13. Public sensitization is needed so that they understand which species are protected and what

the law is. Currently, most people, and probably traders, are not aware that they are breaking the law when they are selling or buying protected animals and their products. Public awareness should be a major activity within the national wildlife strategy, but resources such as posters/fliers and other educational materials will need to be funded and expert assistance may need to be provided in planning how best it can be achieved.

14. Traders in markets selling CITES species must be particularly educated on the requirements for such specimens being brought in from other countries, and the WFD should undertake regular monitoring.

15. An awareness program similar to the USAID funded ROUTES program could be initiated at

West Africa airports. Wildlife trafficking awareness training workshops on passenger and


cargo profiling, identification of wildlife products and parts, methods of concealment, permit fraud, and trafficking routes, should be held at airports and should include all airport and airline as well as customs personnel.

16. More emphasis on public awareness at land border posts and airport is needed in Niger. The

strategic display of posters/banners depicting species that are banned from hunting/trade and stating “WILDLIFE TRAFFICKING IS A CRIME; OFFENDERS WILL BE PROSECUTED” could also be considered at the border crossings.

17. Education in schools is important, and a strategy on how to strengthen youth awareness in

schools and fund the development of educational resources should be considered for Niger.

18. There is a need to develop a protocol on how to deal with confiscated goods including keeping a detailed central record of all specimens, to wit information on concealments, country of origin, location, details of the specimen, and their eventual disposal. The Nature Protection Directorate has a room where the pangolin scales are being stored, which might be adequate for storing all seizures. The use of this room should be planned, and appropriate storage equipment like shelves should be provided in order to make auditing easier.

COMMENTS: The assessment team were constrained as the questionnaire were not completed before their arrival. In fact, at almost all the agencies visited the interviewed personnel stated they did not receive any questionnaire. Some promised that they would complete one, but none have been forthcoming to date. The team was also unable to secure an interview with a prosecutor or judge. As in several West African countries, there are no checks in markets where CITES species are sold for traditional medicine and rituals, even though it is clear that they must have been brought in from other countries. Niger appears to be in a better position to become proactive in tackling wildlife trafficking than most of the countries visited during the assessments. They have no issues with regards to inter agency communication and cooperation on the front line and given that they have already begun the process of developing a national strategy, effective multi-agency coordination will hopefully follow.


REFERENCES https://www.cia.gov/library/publications/the-world-factbook/geos/ng.html

https://www.cbd.int/countries/profile/?country=ne#facts

https://cites.org/eng/disc/parties/chronolo.php

https://cites.org/sites/default/files/eng/cop/18/doc/E-CoP18-026-R1.pdf

https://cites.org/eng/legislation/National_Legislation_Project

https://cites.org/eng/legislation/National_Legislation_Project

CITES Trade Database available at: https://trade.cites.org/#

https://cites.org/eng/disc/parties/chronolo.php


ANNEX I. SCHEDULE OF THE ASSESSMENT

Threat assessment mission led by experts under the direction of the CITES Management Authority of Niger

13 January Niamey and Kouré giraffe sanctuary area

• Meeting with Deputy Director General; Director in charge of Wildlife, Hunting, Parks and Reserves in Niamey

• Meeting with Rangers and Guides at Kouré • Meeting with Customs at Kouré • Travel to Gaya

14 January Gaya-Malanville-Kamba Border Post

• Meeting with Customs • Meeting with Police • Meeting with Water and Forest Department • Travel from Gaya to Niamey

15 January Makolondi, border post with Burkina Faso

• Meeting with Customs • Meeting with Police • Meeting with the Water and Forests Department

16 January Diori Hamani International Airport

• Meeting with Police • Meeting with Cellule Aeroportuaire Anti-Trafics (CAAT) • Meeting with Customs • Meeting with Water and Forests Department

17 January Niamey

• Meeting with NGO COGEZOH (CONTRIBUTION THE MANAGEMENT OF WETLANDS)

• Visit to Artisanats du Musée National Niamey • Market tour at Artisanats du Musée National • Meeting with Water and Forests Department

18 January Niamey

• Visit to W Park to meet Rangers cancelled due to security alert • Review of interviews with the Water and Forests Department


ANNEX II. LIST OF PARTICIPANTS INTERVIEWED TITLE NAME CONTACT DETAILS Commandant Water and Forests

Department Abdoul-Aziz Seyni 096092617

[email protected]

Deputy Director Customs, Airport Samaila Sahailou 093448342 [email protected]

Deputy Director Water and Forests, Kouré

Ide Adamou -

Commandant Customs, Kouré Antarou Moussa Moukaila Mohammed

-

Inspector Police, Gaya Border Crossing

Chaibou Souley Wouldn’t give details (Malanville-Kamba Border

Post

Commandant Customs, Gaya S.Mamaine Sani 096007702

Sergeant Water and Forests, Gaya Crossing

Doubacar Ali Daouda

-

Sergeant Water and Forests, Gaya Crossing

Abdel Nasser Rabe -

Commissioner Police, Makalondi Crossing

Ismail Soumana 096896793 [email protected]

Sergeant Water and Forests, Makalondi Border

Crossing

Oumarou Mahamane Djaharou

096129997

Sergeant Water and Forests, Makalondi Crossing

Abdel Kader Adam Abdou

-

Inspector Customs, Makalondi Border Crossing

Hammed Amayor -

Colonel Customs, Airport Alou Sahidou Zaratou

+227 96 96 8688 [email protected]

Adjutant Police, Airport Sami Bakoye 098125081 [email protected]

Inspector CAAT, Airport Hassane Bounaina Harenna

096219978 [email protected]

ESO CAAT, Airport Yahaya Abdou 096859557 [email protected]


TITLE NAME CONTACT DETAILS Adjutant Water and Forests

Department, Airport Ide Hamani 096894593

Technical Officer Water and Forests Department, Airport

Salamatou Bamanzo 099440485

NGO COGEZOH Abdoulkarim Samna 096969523 [email protected]

Say Court President Ali Mamane Ali [email protected]


ANNEX III: COMMERCIAL TRADE IN WILD SPECIMENS This table provides a breakdown of commercial trade in wild specimens of CITES listed species from Niger between 2000 and 2017 according to the CITES Trade Database. The data was compiled using highest trade data reported by either the importer or the exporter.

Table 1. Summary of commercial trade in wild specimens of CITES listed species from Niger

between 2000 and 2017 according to the CITES Trade Database

Purpose Code: T (Commercial Trade) - Source Code: W (Wild specimens) Data compiled using highest trade data reported by either the importer or the exporter

MAMM

ALS

Panthera leo African lion II 2 live

Gazella dorcas Dorcas gazelle III 6 live

BIRD

S

Ardeotis arabs Arabian bustard II 2 live Balearica Pavonina Black crowned crane II 2 live Poicephalus senegalus Senegal parrot II 1 live Psittacula krameri * Rose-ringed parakeet III 17 live Psittacus erithacus ** Grey Parrot II 2 live Struthio camelus Common ostrich I 1 specimen

REPT

ILES

Alligator mississippiensis American Alligator II 8 jewelry Centrochelys sulcata African spurred tortoise II 57 live Chamaeleo africanus African chameleon II 6,974 live Chamaeleo gracilis Graceful chameleon II 900 live Chamaeleo senegalensis Senegal chameleon II 1,928 live Kinixys homeana Home’s hinge-back tortoise II 150 live Pelomedusa subrufa * African helmeted turtle III 2,042 live Pelusios niger * West African black mud turtle III 1,607 live Python regius Royal python II 8,787 live

Python sebae African Rock Python II 122 leather products (small) 1,888 skins

Uromastyx acanthinura Bell’s dabb lizard II 308 live Uromastyx dispar Sudan mastigure II 20,317 live Uromastyx geyri Saharan spiny-tailed lizard II 45,841 live Varanus exanthematicus Savannah monitor II 4,099 live Varanus niloticus Nile monitor II 2,888 live


* species was listed in Appendix III at time of export but is no longer listed in CITES ** species was listed in Appendix II until December 2016. It is listed in Appendix I since January 2, 2017.

PLAN

TS

Pterocarpus santalinus Red sandalwood II 25,000 kg logs AR

THRO

PODS

Pandinus imperator Emperor scorpion II 5,589 live



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