COUNTRY PRESENTATION/PAPER TO THE 1ST MEETING OF

THE ASEAN WILDLIFE ENFORCEMENT NETWORK (ASEAN-WEN)

22 – 25 MAY 2006, THAILAND.

(BRUNEI DARUSSALAM)

Jomari bin Haji Ahmad 1

Haji Shahrill bin Haji Shahbudin 2
Mohd Haruni Thamrin bin Haji Julaihi 3
Haji Seruji bin Tumin 4

Introduction

Brunei Darussalam “Abode of Peace” is situated on the north-western coast of

the island of Borneo in Southeast Asia. The sultanate has a total land area of
5,765 sq. kilometers and a coastline measuring 161 km along the South China
Sea, its northern border. The Malaysian state of Sarawak bordering its other
sides.

The eastern part of Brunei is the Temburong district, famous for its pristine
rainforests and its natural habitats, and is separated from the rest of Brunei by
Limbang of Sarawak. Western Brunei, where three districts – Brunei-Muara,
Tutong and Belait are located composes mainly of lowlands and swampy plains,
and hill ranges to the south-watersheds to some of the biggest rivers in the
country. The area is also home to the major economic and administrative hubs
of the country, as well as the bulk of its population.

The total population of Brunei Darussalam in 2004 is estimated at 357,800 and is

growing at a average of 2.3% per annum. Bandar Seri Begawan is the capital of
Brunei Darussalam, located in Brunei-Muara district, it is the Centre of
Government and business activities.

Implementation On The Enforcement Of Illegal Wildlife Trade In Brunei

Darussalam

Since the inception of Brunei Darusssalam as a party to the Convention of Illegal

Trade of Endangered Species (CITES) in 1990, there has been several
development in term of implementation, administration as well as management.
One of the most recent development was the handing over of Brunei CITES
Management Authority from Museums Department to the Department of
Agriculture which officially handed on the 30th of August 2005.

1. Senior Agriculture Officer, representing The Secretariat of CITES Management Authority, Department of Agriculture,
Ministry of Industry and Primary Resources.
2. Deputy Director of Forestry, representing The Chairman of the CITES Scientific Authority, Forestry Department,
Ministry of Industry and Primary Resources.
3. Superintendent of Royal Brunei Police Force, Prime Minister Office.
4. Assistant Superintendent of Customs, Royal Customs & Excise Department, Ministry of Finance.
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The changes was made in respond to the advice from the Attorney General
Office in consideration with the role and responsibilities of Department of
Agriculture on the issuance of import and export permits of plants and animals
and their products.

In addition to that, the appointment of Department of Agriculture as the Brunei

Management Authority for CITES was corresponding to the draft National
Legislation entitled Wild Fauna and Flora Order, 2005 which is currently at its
final draft. Although Brunei Darussalam’s National legislation is still being placed
in Category 3, it has try its best to fulfil its obligation under the convention with
the assistance from the CITES Secretariat.

Brunei Darussalam has submitted its national Legislation within the time frame
required. After receiving the comments from the CITES Secretariat Brunei
Darussalam has taken every efforts to achieve category 1 Status. From Brunei
Darussalam perspective we feel that we want a legislation that is practicable and
enforceable. At this time Brunei Darussalam has been able to prosecute anyone
who contravenes the Convention by using its existing legislation namely the
Customs Act, The Wild Life Protection Act, Forestry Act and Fisheries Act.

In an effort to fulfill the obligation under the convention, the Department of

Agriculture as the Management Authority in cooperation with other relevant
government agencies has adapted national interagency cooperation that has
been established by the previous Management Authority to effectively respond to
issues related to management as well as enforcement of illegal wildlife trade in
the country.

The Management Authority chaired by Department of Agriculture are well

represented with it’s member comprising of Forestry Department, Fishery
Department, Museums Department, Royal Brunei Customs and Excise
Department, Royal Brunei Police Force, Municipal Board, Districts Office,
Ministry of Home Affair and Department of Attorney General of the Prime Minister
Office.

Corresponding to the National Management Authority, Scientific Authority was

also formed as a Technical and Scientific advisory committee with its main
responsibilities to review and update The Checklist of CITES species and
reporting of any finding detrimental to the survival of wildlife species.
The Scientific Authority chaired by the Forestry Department consists of two
committees, the Animals and Plants Committee, which comprises of Forestry,
Fishery, Agriculture and Museums Department as its committee members.

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Both the Management and Scientific Authority will meet quarterly or whenever
the need arise to discuss on matters pertaining to national, regional as well as
international CITES issues. Following is the structure of the CITES Management
and Scientific Authority of Brunei Darussalam.

MANAGEMENT AUTHORITY

CHAIRMAN
Director of Agriculture
Ministry Of Industry and Primary Resources

SECRETARIAT
(Desk Officers)

MEMBERS
Director of Forestry
Director of Fishery
Museums Department
Attorney General
Royal Brunei Customs & Excise
Royal Brunei Police Force
Chairman of Municipal Board
Districts Officer

SCIENTIFIC AUTHORITY

CHAIRMAN
Director of Forestry
Ministry of Industry and Primary Resources

SECRETARIAT

MEMBERS

ANIMALS COMMITTEE PLANTS COMMITTEE

Forestry Department Forestry Department
Fishery Department Agriculture Department
Agriculture Department Museums Department
Museums Department

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Interagency Enforcement of CITES

The interagency cooperation in combating any criminal acts has long been
practiced in Brunei Darussalam. Such interagency cooperation was well
demonstrated at all the entry checkpoints whereby the personnel’s from relevant
enforcement agencies are stationed to regulate and prevent any violation of the
laws on illegal trade. There are eight official entry points for import and export of
plants and animals and its products. The location of the checkpoints are:-

DISTRICT LOCATION ROUTE

INTERNATIONAL AIR
AIRPORT

MUARA PORT SEA

BRUNEI-MUARA
FERRY TERMINAL SEA
SERASA

KUALA LURAH LAND

PUTAT SEA

BELAIT SUNGAI TUJOH LAND

IMMGRATION LABU LAND

TEMBURONG

IMMIGRATION PUNI LAND

Of all the enforcement agencies, the Royal Brunei Police Force is the leading law
enforcement agency in Brunei Darussalam. It is also tasked with the protection
of the waters and borders of the country to ensure legitimate economic activities
are not disrupted by illegal acts of individual or entities and to curb any illegal
acts such as smuggling that can be carried out across the border.

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Due to vastness of the border that Brunei shares with the neighboring states on
the island of Borneo, a coordinated and concerted effort had been adopted by
the Royal Brunei Police Force to police and monitor activities that take place.
Other relevant law enforcement agency or agencies who are primarily tasked
with the implementation and enforcement of certain laws pertaining to the
properties found in the jungles of Brunei such as plants and animals are
incorporated in these strategies with a view to provide a wide protection and
enforcement. Towards this end there is a network in place where meeting would
be conducted with a view to find an effective mode of communication, contact
person and to conduct joint operation between these agencies.

Smuggling of endangered animal and plant species can be done not only through
the exit and entry points but also along the porous borders of Brunei Darussalam
and also through the waterways. The smuggling can be motivated by pure
economic consideration i.e for sale or for consumption purposes. And it also
noted that not only live animals are smuggled but also dead ones whose
properties such as meat, skin, furs, bones etc. are used as “medicinal” and other
purposes to practitioners and believers.

Due to logistical constrains, the police play an active role in enforcing the law and
protecting the endangered animals and plants from being exploited for
commercial gains or consumption. In this regards there is a coordinated and
systematic line of communication between the Royal Brunei Police Force and the
relevant agencies.

The Royal Brunei Police Force’s expertise is well recognized in Brunei because
not only it is well versed with the detection of smuggling activities across the
borders but also because of its intelligence networking with its counterparts
regionally and internationally. This avenue can be used widely to channel
intelligence, intelligence sharing and report and because of the recognized
contact points that were established, assistance can be requested in a relatively
short period.

To date, the Royal Brunei Police Force has not encountered any illegal activities
concerning endangered/protected animal’s species. This may be attributed to
the severe sentences that can be meted out by the courts as provided under the
relevant laws. An example is the imposition of sentence of imprisonment for
those who have committed offences of illegal logging and illegal collection of
scented woods. This has served as an effective deterrent.

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Second most important enforcement agency in the prevention of illegal wildlife
trade was the Royal Customs and Excise Department, Ministry of Finance. This
agency is regarded as the front liner in processing and inspection of importation
or exportation of item that are control by law and regulation of several
government departments.

Royal Brunei Customs and Excise, as stipulated in Section 28 of Customs Act

(The Power of His Majesty The Sultan of Brunei Darussalam to stop the
importation and exportation of goods) are entrusted to tasked the following
duties.

To implement imported good duty revenue.

To enforce customs legislation 1984 and regulations.

As a coordinating agency to other department in controlling the prohibited
and restricted goods.

To facilitate the industries in order to encourage the flow of business
activities and develop the country economy.

International Trade Security.

Forestry Department through it’s Forestry Acts is responsible to monitor and

regulate any activities related to hunting, logging and harvesting of wild fauna
and flora. The Forest Rangers in cooperation with other enforcement agency
such as Royal Brunei Police Force will conduct joint operation to curb any illegal
acts that violates the laws. They reported a total of 91 offenders were arrested
since the year 2000 in violation with the forestry act involving illegal logging.
Report of Statistic Lost of Forest Revenue from Illegal Logging (Timber,
Aquailaria spp and Mangrove) from the year 2000-2006 amounting a total lost of
B$3,087,468.09.

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The lost of forest revenues according to species, number of arrest, and the
values incurred during the period from 2000-2006 from illegal logging as reported
by the forest ranger of Forestry Department are showns below:-

STATISTIC LOST OF FOREST REVENUE

ILLEGAL LOGGING (TIMBER, AQUAILARIA SPP AND MANGROVE )
YEAR 2000-2006
NO YEAR APPROX. LOST OF TIMBER B$ NO. OF ARREST
1 2000 $695,613,76 2 OFFENDERS
2 2001 $195,818.33 -
3 2002 $603,901.33 -
4 2003 $- -
5 2004 $93,721.47 -
6 2005 $839,709.28 2 OFFENDERS
7 2006 $169,495.28 -
TOTAL : $2,598,259.45 4 OFFENDERS
NO YEAR APPROX. LOST OF AQUAILARIA NO. OF ARREST
SPP (TIMBER) AND OTHERS B$
1 2000 $58,773.09 13 OFFENDERS
2 2001 $161,173.04 22 OFFENDERS
3 2002 $119,929.37 11 OFFENDERS
4 2003 $74,043.82 16 OFFENDERS
5 2004 $27,646.62 7 OFFENDERS
6 2005 $22,655.04 13 OFFENDERS
7 2006 $2,130.48 -
TOTAL : $466,351.46 82 OFFENDERS
NO YEAR COMPOUND OF OFFENCE NO. OF ARREST
(MANGROVE) B$
1 2000 $992.50 -
2 2001 $212.50 -
3 2002 $- -
4 2003 $2,249.30 -
5 2004 $500.00 5 OFFENDERS
6 2005 $400.00 -
7 2006 $18,502.88 -
TOTAL : $22,857.18 5 OFFENDERS
TOTAL : $3,087,468.09 91 OFFENDERS
Initiator by:
th
Hj Rusli bin Hj Mahali 18 Mac 2006M/18 Safar 1427H
Forest Ranger
Unit Protap Sallmbada and Rondaan Senagara
Forestry Department

The Department of Agriculture as Management Authority was on the other hand

responsible in making sure that all plants and animals imported into and exported
out of Brunei Darussalam were process according to CITES regulation before
CITES permits are issued. Depending on the nature of products to be imported
or exported and the documents accompanying it, the application of CITES
permits will be process in close consultation with other relevant agencies in area
to prevent violation of the convention.
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Fishery Department task was to monitor and regulate fishing activities that could
disrupted the sustainability of marine and aquatic species. As an agency
responsible in issuing license for any activities related to commercial fishing this
agency was also actively conducted conservation programs to protect marine
species from extinction as well as the marine ecosystem.

While Museums Department, the previous Management Authority was the

agency responsible for the implementation of wildlife act covering protection and
conservation of wild animals species found in Brunei Darussalam. Working
closely with the Forestry Department, Fishery Department and other enforcement
agencies its main task was to provide a checklist of animals species that were
found to be threatened due to illegal hunting. In the past the Museums
Department as part of their public awareness programme would hold talks with
traders and people in the remote villages as well as the school students about
wildlife protection and animals and plants listed protected under CITES.

Conclusion

From illegal trade of wildlife point of view either at national or international, the
above mentioned agencies did in one hand or the other directly involved in
prevention and enforcement of illegal trade of wildlife. Brunei Darussalam being
a small kingdom with strong economic and political stability that adapted
transparency and coherence working policy among the government agencies
and with good communication system in place has the advantages to perform
better interagency cooperation in preventing illegal trade of wildlife.

However the existing national interagency cooperation need to be strengthen in

order to respond effectively to the global issue of organised crime on illegal
wildlife trade. On this regard, it is recommended that to further enhance the
preventive initiatives, the following need to be considered not only within local
jurisdiction but with other foreign agencies who have vast experiences and know
how in areas related to:-

Intelligence sharing.

Sharing of know how/best practices.

Setting up of a database on smuggling of endangered plant and animal
species.

Training (capacity building).

Contact persons.

Regular meetings.

Public awareness campaigns.

Socialization of the laws.

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As stated by H. E Mr.Yongyut Tiyapairat, Minister of Natural Resources and
Environment in his closing remark at The Special Meeting of ASEAN Ministers
responsible for the Implementation of CITES that the key to the success of
ASEAN-WEN would be interagency collaboration at the National level, and
cross-border cooperation at the International level.

Thus, Brunei Darussalam participation in previous meetings corresponding to this

meeting and with the present of two most important enforcement agencies the
police and customs officers shows our strong commitment toward the realisation
of better regional cooperation to curb illegal trade of wildlife in this region.

We will continue within our capacity to support the implementation of regional

programs that will be scheduled under ASEAN-WEN in due course to strengthen
the regional cooperation as to better reduce wildlife crime until it is no longer
serious problem for Southeast Asia.

Lastly on behalf of CITES Management Authority and Brunei’s delegations in this

meeting, I would like to extent our gratitude and appreciation to the National
Park, Wildlife and Plant Conservation Department, Ministry of Natural Resources
and Environment, Thailand for their concerted effort in hosting and excellent
arrangement necessary to organise this important meeting.

THANK YOU