By Faustine Kapama
THE
decision by Kisutu Resident Magistrate's Court in Dar es Salaam to
convict the " Q ueen of Ivory," Chinese Yang Feng Clan, of smuggling
elephant tusks offences and sentenced to 17 years imprisonment has been
received positively by the World, a move that will send shockwaves
through organised criminal networks. Our Staff Writer FAUSTINE KAPAMA
who has been following up the trial reports...
INVESTIGATORS say
that Clan, originally from Beijing, arrived in Tanzania in the 1970's.
She was one of the first Chinese students to graduate in Swahili and
worked as a translator for Tazara, the Tanzania-Zambia Railway project
that China was helping to fund and build.
After the railway
was completed in 1975, Clan, nicknamed as the "Ivory Queen" due to her
conduct of dealing in a strong network of smuggling ivory, returned to
Beijing to work in the government's foreign trade department. It is
reported that in 1998, Clan decided to set up business in Tanzania. She
rented a two-storey building in downtown Dar-es- Salaam.
Opening a Chinese
restaurant on the ground floor and establishing an investment company,
Beijing Great Wall Investment, on the floor above.
The restaurant
proved to be a success, but she is quoted as telling China Daily in 2014
that, "Now I do not count on the restaurant to make money.
Instead, I see it
as a place where people from China and Tanzania can communicate, get to
know more friends and conduct information exchanges." By 2012 she was
secretarygeneral of the Tanzania China- Africa Business Council.
"I know I should
have retired, but whenever I think that my language advantage and
network can help many Chinese and Tanzanians and increase mutual trust
and confidence, I do not want to stop.
I myself am the
best illustration of China-Tanzania friendship," she is further quoted
as saying in 2014. But at the same time, investigators say, Ms Yang was a
major player in a far darker relationship developing between Tanzania
and China-the illegal ivory trade.
They say she was a key link between poachers in East Africa and buyers in China for more than a decade.
Having been
suspected of involving in illegal trade of ivory, the Tanzania's
National and Transnational Serious Crimes Investigation Unit tracked her
for more than a year. She was arrested after a high-speed car chase in
October 2015.
The arrest of Clan,
who is connected to various companies abroad, all Chinese-owned, and
circulates in the upper echelons of Chinese citizens living and working
in Tanzania, was welcomed by wildlife groups because most of the time
those arrested are smalltime smugglers.
"It's the news that
we all have been waiting for, for years," Andrea Crosta, co-founder of
the USbased Elephant Action League, says adding, "We must put an end to
the time of the untouchables if we want to save the elephant."
Subsequent to such
arrest, the prosecution took to court the ivory queen alongside two
Tanzanians, Manase Philemon and Salvius Matembo, charged with three
counts of leading organised crime and dealing in 860 elephant tusks,
which are government trophies, valued at over 13 bn/-.
The prosecution,
led by a strong team comprising of Principal State Attorney Faraja
Nchimbi and Paul Kadushi. As well as State Attorneys Wankyo Simon and
Salim Msemo, led 11 witnesses to prove the charges against the Chinese
national and her accomplices. On February 12, 2019, Principal Resident
Magistrate Huruma Shaidi, who conducted the trial, delivered the court's
judgment, convicting all the accused persons of the charges they were
facing.
He sentenced each
of them to 15 years imprisonment for leading organised crime. The
magistrate further also sentenced each of the trio to either pay a fine
of two times the market value of the elephant tusks.
Or go to jail for
two years in default of paying for unlawful dealing in the trophies,
which are equivalent to 430 elephants that were killed in connection to
the case.
In addition to the
custodian sentences, the magistrate also ordered the confiscation to the
government, the farm that was owned by the Chinese national at Muheza
District in Tanga Region.
Having been proved by the prosecution that it was used to hide the elephant tusks for illegal export outside the country.
According to
Associated Press, China backed Tanzania's Court verdict of sentencing of
the Chinese woman and reaffirmed its opposition to trading in
endangered species.
Foreign ministry
spokesman Geng Shuang is quoted as saying that China supports the
Tanzanian authorities in conducting a "just" investigation and trial and
is "ready to work with the international community to protect wildlife
and curb the international trade."
The Chinese woman's
case was viewed as a major test of Africa- wide efforts to hold key
trafficking figures accountable for the mass killing of elephants to
supply ivory to illegal markets, including in China.
After more than
three years of uncertainty and delays in the case, conservation
organisations say the sentence sends a strong message to traffickers.
"The government is taking wildlife trafficking very seriously.
The sentencing is
testament that nobody in Tanzania is above the law," says Krissie Clark,
the executive director of PAMS Foundation. A nonprofit organisation
that fights crime against wildlife and supported the Tanzanian taskforce
that arrested Yang.
It is said that
such landmark ruling marks one of the harshest sentences ever handed
down to such a high-profile and well-connected Chinese national living
in East Africa. But local conservation groups say the election of
Tanzanian president John Magufuli in 2015 boosted the fight against
poaching.
"An attack on
Tanzania's wildlife is seen as an attack on Tanzania," said Clark. "None
of this would have been possible were it not for the political will of
the President, John Magufuli, and his drive to stop wildlife crime and
corruption."
The Director of
Public Prosecutions (DPP), Mr Biswalo Mganga, thanked all stakeholders
involved in ensuring justice is done to the accused person.
Starting from
members of the public who provided information over the crime, arresting
and investigation officers, prosecutors and the Judicial system in
general.
He, however, warned
all those involved in the illegal business that they would be pursued,
arrested, brought to justice and subsequently punished in accordance
with the law.
The DPP was of the
view that the government would not hesitate to take measures as required
against anybody taking part in poaching activities regardless of his
political, social and economic status, as well as the nation he belongs.
Anyone who would be
arrested, he said, would be punished. According to him, it was obvious
the judgment has played an important role in strengthening the available
struggle to ensure such crimes are completely purged.
"In this context,
we must also remind ourselves that the fight against poaching and
illegal trade of elephant tusks is a sensitive issue that requires the
collective efforts of all stakeholders in all sectors in particular the
entire law industry," the DPP said.
"It is clear that
this judgment is a great victory for partisans and wishing to protect
our natural resources, considering that for a long time poaching
activities have been going on with the financiers of the rackets and
networks continuing with their criminal activities without being
interrupted," he said
For a long time, he
said, such illegal activated have caused huge losses to the government
by loosing such rate natural resources and eventually making few
individuals, like the accused persons who have been convicted, to
continue benefiting alone through poaching and illegal trade of the
ivory.
The Minister for
Natural Resources and Tourism, Dr Hamis Kigwangalla, wrote in his
twitter account saying, "the conviction of the Chinese "Queen of Ivory"
is a huge success attained by our government and is a message to all
that poaching no longer pays."
He went on
twitting, "I congratulate our team for this well handled investigation
and case. I believe Shetani (Satan) and the rest will follow suit." He
assured Tanzanians that poaching activities would end completely by
2022.
"(For) elephants
has now ceased, it is no more. What has left is for wood and wild meat.
We will also stop it. Today when you find an elephant dead, you'll find
it with his teeth, no one to take it," the minister said.
In the past, it has
been rare to see poaching ringleaders arrested and convicted, but since
the creation of an elite national multiagency task force in the
country, there has been a massive crackdown on poaching, as in the past
four years, several poaching rings have been dismantled.
The decline in
poaching in Tanzania has also been aided by recent strides by the
Chinese government. In 2018, China, which has long been one of the
world's biggest ivory markets, banned all trade in ivory and ivory
products in the country.
African elephant
population declined to 415,000 in 2016, a drop of 111,000 in just a
decade, according to the International Union for Conservation of Nature.
The World Wide Fund for Nature also says Tanzania lost 60 percent of
its elephants in just five years.
Wildlife Officer
with the Ministry of Tourism and Natural Resources Kiiza Baraga told a
Dar es Salaam Court during sentencing hearing of the Chinese woman that
the number of elephants crashed from 109,000 in 2009 to just 43,000 in
2014.
China has long been one of the world's biggest consumers of ivory, where they are used in medicine or in ornaments and jewelry.
But even though
Beijing instituted a ban in late December 2017 on all ivory and ivory
products, that hasn't stopped increased amounts of African ivory from
being traded in China.
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