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| Location: |
World |
| Subject: |
Trade |
| Species: |
All Rhino Species |
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Dim Prospects for Registration of Rhino Horn. During a visit earlier this year, the Ministry of Health and Social Affairs (MHSA) had requested TRAFFIC Japan for specific examples of what other governments in the region have done to control domestic trade in rhinoceros horn and derivative products. At a meeting with MHSA officials on 9 August 1990 copies of The Evolution of Legal Controls on Rhinoceros Products in Hong Kong, a report prepared by TRAFFIC Japan in response to South Korea's request, were presented together with a briefing on the situation in Taiwan where authorities are currently registering rhino horn. Officials argued that under existing MHSA laws it is impossible to require registration or introduce possession licences for rhino horn: they stated that action could only be taken if South Korea joined CITES and introduced a new law providing such measures. While TRAFFIC has not yet obtained copies of relevant legislation to confirm whether current laws are insufficient, this contradicts what was said by MHSA in April, 1990. At the same time, officials pointed out certain practical differences with Hong Kong, mainly that South Korea is a large, diverse country where a general registration would be an overwhelming task.
MHSA further suggested there was no need to take exceptional measures to control the rhino horn trade because the seven-year-old import ban means that only a negligible amount of horn remains in the country and what does could be regarded as 'contraband'. Increased prices proved the shortage of rhino horn and TRAFFIC's 1989 survey had exaggerated its availability MHSA argued.
TRAFFIC pointed out that, in fact, 40% of shops surveyed in Seoul produced actual horn for inspection. Moreover, Taiwan has had similar price increases and an increase in supply.
Concerning the legalityof rhino horn possession, officials admitted that holding horn traded before the import ban could not be considered illegal. They countered the proposition that dealers could claim all stock as pre-1983 by saying that imports could be monitored because all foreign commodities entering Korea require licences. This, of course, fails to deal with rhino horn held by retailers who are not licensed importers, the problem of importers using old licences to justify present stocks, or the possibility of smuggled horn.
Only a legally-mandated registration scheme and possession licences would solve these difficulties. MHSA has, however, issued an official notification to six associations which possibly deal in rhino horn. On 3 April 1990 they sent to the Korean Pharmaceutical Association, Korean Herbal Medicine Doctors, Korean Association of Pharmaceutical Importers/ Exporters, Korean Medicine Association, Pharmaceutical Manufacturers' Association and Pharmaceutical Wholesalers' Association the following, unofficially translated, letter:
'The world-wide trend is for the protection of endangered species. Thus, importation of rhino horn as an ingredient for medicinal purposes was prohibited in 1983. However, some herbal medicines still use rhino horn as an ingredient and smuggling is still prevailing. We especially request cooperation to stop the use of smuggled rhino horn and not sell it. In case rhino horn is used as an ingredient in herbal medicine, we wish to remind you that such practice could (would) be a violation of existing law and subject to strong legal action.'
MHSA officials said there had been no particular response from industry sources to their letter. Other letters were sent to Customs Administration, requesting diligent implementation of the import ban, and to municipal and provincial governments, requesting enhanced surveillance to discover illegal transactions and the possible flow of contraband trade.
While these actions are to be praised, there is little legal backing for MHSA's stance and, apparently, insufficient legal basis to take the measures required to deal with the problem.
Recommendations
1. Rhino horn. The South Korean government should continue to be pressed to legislate that all rhino horn stocks currently in the country be registered and possession licensed.
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South Korea revisited
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