Could you outline what the business related decisions adopted at CITES CoP14 (which took place in The Hague, The Netherlands, from 3 to 15 June) cover?
The Conference of the Parties to CITES adopted a decision on stakeholder engagement. The decision directs Parties to consider practical ways to enhance stakeholder engagement in the implementation of the Convention (e.g. promoting good practices and codes of conduct that facilitate the work of CITES authorities, help to reduce time-frames for the completion of CITES procedures and enhance the role of business in intelligence-gathering to identify and prosecute illegal traders). Another important decision directs the CITES Secretariat to continue its cooperation with the BioTrade Initiative of UNCTAD under a signed MoU. This cooperation aims to achieve two basic goals: first, to ensure the conservation of wild species subject to international trade and, second, to promote private sector compliance with CITES requirements and national legislation. These two decisions are subject to external funding, and if they materialize, may represent a turning point in the way that CITES rules are discussed, adopted and implemented.

Is there a strong involvement of business in CITES?
Business is, of course, a major stakeholder in wildlife trade that is authorized under the Convention. It is in its interest to get involved in CITES processes and attend major meetings, such as those of the Conference of the Parties to CITES. In fact, members of the business community have regular contact with CITES authorities and often communicate with the Secretariat as well. Several private sector organizations are regularly represented at the CITES meetings, including the CoPs. However, they still only represent a small part of the whole wildlife trade industry. Some of these organizations make important contributions to the CITES decision making process but most adopt a defensive attitude towards CITES measures. At CoP14, for the first time UNCTAD, the CBD and CITES Secretariats organized a side-event on business engagement. The response was very positive.

Why is business not participating more massively and visibly?
There are several possible explanations but let’s mention three. First, there is a risk factor by turning up – you attract attention – and companies want to avoid stigmatization and ‘blaming campaigns’ that will affect their reputation. The risk is the result of an unfortunate misperception in the business community, in the markets and in the public opinion that CITES is here to prohibit all types of trade in wild fauna and flora. We need to work hard with business companies and the media to remove this misperception. Second, wildlife-trade enterprises are generally small to medium sized and lack the resources to participate. It is expensive for them to stay two weeks away from their business, covering a meeting where their opinions might not be taken into account. Third, CITES forum is seen by an important part of the business community as not conducive to their participation. According to this perception, CITES is dominated by environmentalists — mainly animal welfare and animal rights NGOs — that see sustainable use as a coded word to rip off nature and that do not allow any rational debate about the best way to manage and protect species.

How does the Secretariat currently deal with business engagement?
The CITES Secretariat is exploring ways to better cooperate with other partners. With business, the aim of the exercise is primarily to ensure compliance with CITES requirements and national legislation. Historically, CITES has recognized the important role of civil society in wildlife conservation but has failed to recognize local communities and business as an important constituent in its decision-making process. Discussions have often been tense between animal welfare NGOs and business representatives about the role of trade and business in the conservation of wild fauna and flora. The traditional view of an important part of the CITES community has been that “business is more part of the problem than the solution”. There are also those misperceptions that need to be removed from the side of the business community that looks a CITES as simply an obstacle or trade barrier. When business is good for conservation, CITES should not be seen as an obstacle but a guarantee. CITES is exploring ways to engage business constructively to support the implementation of the Convention.

Why do you think further business engagement is required?
Since legal and illegal trade in wild fauna and flora are driven by economic and social factors, business participation is a crucial element to understand the main drivers and identify the best solutions in a rational and well-informed manner. Learning more about the social and economic drivers that push or influence a particular behaviour is essential to designing and implementing effective wildlife trade policies, including an effective combination of good legislation, voluntary instruments, public-private partnerships and promoting good practice. Business engagement is also essential to increase the likelihood of the recommendations arising from the Conference of the Parties being accepted and implemented. I must say that further engagement is not only required from the business community but also from a larger range of stakeholders, including rural poor organizations, cooperatives and community-level committees, representatives of indigenous people, as well as non-governmental organizations, individuals, relevant national and multilateral organizations and government bodies responsible for external trade and public finance.

What do you feel is needed to encourage greater participation from the business community in CITES?
Business requires predictable rules, legal security and political stability to play the game. It also needs a platform to officially convey their arguments to the CITES community and other relevant stakeholders. What kind of platform is the most appropriate? This is exactly what the Parties have to decide, based on the proposals received from different stakeholders. My feeling is that the degree of engagement of the business community is going to be related to its capacity to influence the CITES process. Of course, it is essential to receive technical and financial input from the business community to materialize this. We are working in partnership with other MEA Secretariats and relevant organizations on the most practical and cost-effective ways to facilitate this dialogue. Concerning timber and fish, I believe that there is a need to move beyond an ‘endangered species’ approach when addressing trade in these species. The focus should not only be on the continued survival of the species but also on ensuring their security as wild resources that meet food, economic and other human needs. The approach will need a great deal of innovation and flexibility from CITES, allowing it to transcend its traditional role as a last-resort regulatory tool and become part of a more integrated management effort — providing Parties the processes and mechanisms necessary to complement and strengthen their own national policies and legislation. There is a lot of resistance from the producing countries and business to include fish and timber species in CITES but I do not see how this trend can be avoided in the near future.

You have been involved in informal discussions with other MEA Secretariats regarding business engagement — where do you see possible synergies?
The UNCTAD BioTrade Initiative and UNEP are doing a tremendous work in facilitating cooperation and dialogue among the Secretariats of the biodiversity-related conventions. In November 2006, for instance, UNCTAD organized a workshop in Geneva bringing together representatives from CBD, CITES, Ramsar, the Global Mechanism of the UNCCD, UNEP and other stakeholder organizations to exchange experiences and discuss a common strategy for three key areas: business engagement, incentive measures and international trade. An informal network has been created as a result. We are making progress in identifying practical synergies and concrete steps to engage business. However, we are obliged to be very careful in respecting the different mandates that Parties have given to each Convention. I believe more in partnerships than in synergies. We can work together to reduce costs and be more cost effective in achieving different but interconnected mandates.

What would you like to see achieved by CITES CoP15?
I would like to see private sector involved in a proactive manner, feeling as part of the solution, conveying their ideas through a structured and representative platform, reinvesting in conservation and committed to respect CITES rules.

Juan Carlos Vasquez ([email protected]) is Legal Affairs Officer, CITES Secretariat.