Mutual Legal Assistance in Wildlife Criminal Matters in Eastern Africa

Abstract

The workshop Strengthening of International Cooperation in Wildlife Criminal Matters in Eastern Africa, held for investigators and prosecutors, commenced in Nairobi in February 2020. Multiple representatives from nine African countries’ national wildlife and prosecution agencies were in attendance (including inter-governmental organization/non-governmental organization representatives). The first author spent six months conducting research in Kenya, respected cross-cultural ethics considerations, and aided in the development and facilitation of the workshop. Workshop evaluations (pre and post-pre) were utilized to identify challenges, experiences, and engagement in cooperation in transnational wildlife cases. Pre-workshop evaluations (N = 23), post-pre-workshop evaluations (N = 24), participant observation data, and illicit wildlife seizure data (obtained from the United Nations Office on Drugs and Crime Container Control Programme) identified three key challenges in transnational wildlife criminal cases within the region: (1) Mutual legal assistance is not being utilized enough; (2) regional legal harmonization and support are necessary; and (3) exhibit management and evidence requirements need to be amended. There are multiple policy implications from these data, mainly the need for regional adoption of an MLA guidance, the need for the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime to be ratified by all countries, and a better understanding of alternatives to mutual legal assistance (MLA) requests for repatriation of large seized wildlife exhibits.