Orang Utan on Fire, Rambutan Tree, Palm Oil Tree or Coconut Tree?

Animal cruelty is unacceptable. Seeing pictures of it will make a person gorge and feels that something right needs to be done. Stop the cruelty. Stop what contributes to it. And this may  lead them to take  "advise" given on how it can stop this injustice act. And not all may have the time, interest to check the fact right, for taking the advise.

I select to blog about this because it was my first time to come across a topic of international conservation (animal, tree, or environment related) jumping to conclusion without getting their facts right and created a celebre. It happened on a facebook web page. Imagine if this has been circulated without people verifying first, what an impact it would have made, and in the case on the palm oil product industries.  

There are a lot of NGOs campaigning of uncontrolled conversion of natural forests to oil palm plantation that destroyed biodiversities and wild life habitats, especially orang utan. There are some facts in that, however in some case it has been misused and misunderstood.

Yesterday, I came across a post of an orang utan that was injured due to fire at palm oil plantation, here. Or at least, that was my first impression on the page when I "click" on my friend  "comment" about it adversely on facebook update column on the right. She said, it was very clear in the picture that is not palm oil tree!  On top of that, on a different picture, the International Animal Rescue Foundation Global Youth Team Project said that it was stuck on a rambutan tree, RAMBUTAN TREE! (=.=)

Photo source :

https://www.facebook.com/photo.php?fbid=356334481116405&set=a.200289630054225.49843.200267936723061&type=3&theater 

What had happened was this orang utan was on the coconut tree for whatever reason and was spotted by the villagers. They tried to get rid of the orang utan by smoking it away, has unfortunately set her alight. The villagers said they had simply been trying to persuade the animal to move away and not to eat their fruit. She was hiding in HER tree when HER habitat had been disturbed. She was hiding in their fruit tree in the village of Lower Wajok in West Kalimantan, Indonesia as they presume her habitat has been disturbed.

Photo source : 
https://www.facebook.com/photo.php fbid=356334481116405&set=a.200289630054225.49843.200267936723061&type=3&theater 

And this makes me wonder how  an international animal rescue team can't get their tree facts right!  Its too obvious!

Photo source : 
https://www.facebook.com/photo.php?fbid=356334481116405&set=a.200289630054225.49843.200267936723061&type=3&theater 

** FYI, my friend is neither a forester or environmentalist, but who needs to be either one of these professions to identift that is a coconut tree ???

There were several earlier comments on this page (has been deleted) on how oil palm plantation impact that drives the orang utan away from the forest area into the nearby village. And that consumer should be concern and ban using palm oil product. Several concerned  people commented that they will take action on reading the label of their food products, ensuring no palm oil content before purchasing. My friend defended that major palm oil plantation holders vastly in Malaysia and Indonesia through has been certified under Responsible Sustainable Palm Oil (RSPO), through the  supply chain audit and responsible purchasing were able to ensure their plantation does come from area identified with high conversation value forest area (HCVF). Besides that, orang utan don't like palm oil fruits. 

The orang utan has been rescued by the International Animal Rescue Foundation Global Youth Team Project  team in Indonesia. They done a reasonable job for rescuing the orang utan and hopefully will continue to nurture the orang utan until she is stable; the whole incident can be view on the online news website, here. 

~Thank you for reading~

** Wondering why there is a good picture of the orang utan on the tree before the fire, then on fire and after fire? The pictures of the whole process.. Hmmm...**

Update on Lacey Act and Gibson Guitar : Confiscation of Ebony & Rosewood from India and Madagascar

Previously blogged about it over here.  

In 07 August 2012,  BBC reported : Gibson settles discord for timber 

Who is being held in account?

Nashville base Gibson

How was it settle? 
Gibson admitted violating the Lacey Act, which requires firm to know the timber use is  legally obtained. 

How much it is being fine?

USD 300,000 fine and USD 50,000 for community payment 

Also includes confiscation of ebony and rosewood worths USD 500,000 from India and Madagascar.

What is the community payment for Gibson Guitar?

Gibson Guitar shall further provide a community service payment of  USD 50,000 to the FWS to be used to promote conservation, identification and propagation of protected tree species used in the musical instrument industry and the forest where those species are found. 

What are the others responsible to be carried by Gibson Guitar?

Gibson shall also implement a compliance program designed to strengthen its compliance controls and procedures. 

In related civil forfeiture actions, Gibson shall withdraw its claims to the wood seized in the course of the criminal investigation, including Madagascar ebony shipment with a total invoice value of USD 261, 844. 

How did it started?

Back in 2010 and 2011, Gibson's premises were raided by the US Fish And Wildlife (FWS) services, with agents impounding ebony and rosewood imported from Madagascar and India. 

What was the evidence?

The FWS found evidence that an employee had told Gibson two years previously that its Madagascar imports might be illegal, but that the company had nevertheless ordered further stocks. 

Further information can be read in the article release by the US Department of Justice , and a quote of the overall scenario here,  

Madagascar Ebony is a slow-growing tree species and supplies are considered threatened in its native environment due to over-exploitation.   Both legal and illegal logging of Madagascar Ebony and other tree species have significantly reduced Madagascar’s forest cover. Madagascar’s forests are home to many rare endemic species of plants and animals .  The harvest of ebony in and export of unfinished ebony from, Madagascar has been banned since 2006.

Gibson purchased “fingerboard blanks,” consisting of sawn boards of Madagascar ebony, for use in manufacturing guitars.   The Madagascar ebony fingerboard blanks were ordered from a supplier who obtained them from an exporter in Madagascar.   Gibson’s supplier continued to receive Madagascar ebony fingerboard blanks from its Madagascar exporter after the 2006 ban.   The Madagascar exporter did not have authority to export ebony fingerboard blanks after the law issued in Madagascar in 2006.    

In 2008, an employee of Gibson participated in a trip to Madagascar, sponsored by a non-profit organization.   Participants on the trip, including the Gibson employee, were told that a law passed in 2006 in Madagascar banned the harvest of ebony and the export of any ebony products that were not in finished form.   They were further told by trip organizers that instrument parts, such as fingerboard blanks, would be considered unfinished and therefore illegal to export under the 2006 law.  Participants also visited the facility of the exporter in Madagascar, from which Gibson’s supplier sourced its Madagascar ebony, and were informed that the wood at the facility was under seizure at that time and could not be moved.     

After the Gibson employee returned from Madagascar with this information, he conveyed the information to superiors and others at Gibson.   The information received by the Gibson employee during the June 2008 trip, and sent to company management by the employee and others following the June 2008 trip, was not further investigated or acted upon prior to Gibson continuing to place orders with its supplier.   Gibson received four shipments of Madagascar ebony fingerboard blanks from its supplier between October 2008 and September 2009.

As a result of this investigation and criminal enforcement agreement, Gibson has acknowledged that it failed to act on information that purchasing Madagascar ebony may have violated laws intended to limit over harvesting and conserve valuable wood species from Madagascar, a country which has been severely impacted by deforestation.

What are the rationale and related to EU Timber Regulation, that will come in force in March 2013?

The Environmental Investigation Agency (EIA) welcomes the resolution of this landmark case as both vindication (clear of blame / suspicion) of the amended Lacey Act itself, but also a clear precedent for E.U. government to implement the EU Timber Regulation

Faith Doherty, Head of Forests Campaigns at EIA’s UK office – which has spearheaded the development of the EU Timber Regulation – agreed.

“This landmark case sets a clear benchmark for European governments in their enforcement of the EU Timber Regulation from March 2013”, said Doherty, adding that “despite significant corporate and political resistance to justice, the U.S. government has this week demonstrated that principled enforcement of historic laws prohibiting illegal timber trade is both possible, and much needed, and we expect Europe to ensure EU law has the same effect.” 

Both the Lacey Act and the EU Timber Regulation explicitly prohibit trade in illegal timber in the U.S. and EU markets respectively, and both laws mandate timber companies to exercise “due care” or “due diligence” when purchasing and placing timber on the market.

While the Lacey Act came into force in May 2008, the EU Timber Regulation comes into force in March 2013.

In the EU, EIA is working to ensure member states are prepared for the implementation of the Timber Regulation, and that adequate political and financial resources are being deployed to ensure effective yet efficient enforcement is prioritized.  EIA is also working to ensure member states adopt adequate and harmonized penalties for breaches of the law – and are highlighting the penalties faced by Gibson as a step in the right direction. 

Doherty said: “We hope EU governments and traders have taken note of the Gibson case. Only through the forfeiture of hundreds of thousands of dollars of illegal wood, and similarly high fines, will unscrupulous actors in the timber trade be dissuaded from disregarding both the environment and the law. This is also a very clear message to suppliers of wood worldwide. There is no room for illegally sourced timber or wood products in the market. We now have the law to help us. “

What would had happen if Gibson did not settle?

While the agreement suggests that Gibson Guitars knowingly imported illegal wood from Madagascar. It is a crime punishable by up to five years in prison and hefty fines  and perhaps deserved a bigger penalty, Gibson has for now avoided all criminal charges for its conduct.  Companies should take note of the facts in this case and the significant penalties incurred, as well as the due care specifications outlined in the agreement. The US is taking the Lacey Act seriously and future prosecutions may not be so generous.

A more detail article of overall prosecution upon Gibson Guitar case is available in EIA website reported by Lisa Handy, Senior Policy Advisor USA.

My thoughts about this

US Lacey Act amended in 2008 was introduced without any sort of preparation for the importers and importing countries. It is a single window method, and there is no get-out-of-jail free card. Do the due care and correct declaration to identify the source and species type is part of the process to ensure you are "not knowingly" an irresponsible purchaser. 

EU Timber Regulation is slightly complex. The Voluntary Partnership Agreement (VPA) between EU and the partnering countries is to minimize the risk of the woods coming from illegal source, where raw wood materials are from various sources or exploiting tree species listed in CITES (Centre for International Trade of Endanger Species). And, this case does not enable us to visualise what would happen if the timbers sourcing from various timber are not traceable.  What happen if the wood is not traceable back to the origin? And if the wood is found to be illegally traded (for it is source of illegal, controversial or endanger species) are from the partnering countries, what would the scenario be like? 

What is CITES?

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. 

~Thank you for reading~