SUNDA PANGOLIN PROTECTION AND TRADE-RELATED CRIMES: ASSESSING LOCAL COMMUNITY KNOWLEDGE IN KEDAH, MALAYSIA

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Journal of Sustainability Science and Management                                                ISSN: 1823-8556
Volume 13 Number 1, June 2018 : 169-180                                                         © Penerbit UMT

  SUNDA PANGOLIN PROTECTION AND TRADE-RELATED CRIMES: ASSESSING
         LOCAL COMMUNITY KNOWLEDGE IN KEDAH, MALAYSIA

MARIANI ARIFFIN* AND MOHAMMAD BURHAN CHE NAN

                    Department of Environmental Management, Faculty of Environmental Studies,
                        Universiti Putra Malaysia, 43400 UPM Serdang, Selangor, Malaysia

*Corresponding author: marianiho@upm.edu.my
    Abstract: Wildlife species endangerment is often attributed to both illegal international trade and
    weak national law enforcement. Despite efforts to protect pangolins, the species survival is vulnerable
    to international trade, and, hence, more measures need to be taken in addition to the regulatory
    system to protect the species. In Malaysia, the national laws use both incentives and disincentives to
    ensure that people protect wildlife. Besides efficient enforcement, awareness of the legal provisions
    among the local community is equally important for the laws to be effective. Accordingly, this paper
    examines the local community’s knowledge of the regulatory protection of pangolins in Kedah. It
    also explores the association between demographic factors and such knowledge. The study found that
    the local community had average knowledge about the regulatory protection of pangolins but lacked
    knowledge regarding provisions on protection and rewards for wildlife crime informants. The study
    found no significant association between gender and knowledge. However, it discovered a significant
    association, respectively, between knowledge and age and employment. Little is known about local
    perception concerning the seriousness of wildlife crimes in Malaysia. The survey results showed that
    the respondents perceived pangolin-related crimes as serious. It also uncovered that gender, age and
    occupation have a significant effect on local community perception concerning the seriousness of
    such crimes. This paper concludes by discussing the implications of the findings for efforts to account
    for the role of knowledge in the effectiveness of wildlife law and for regulatory policy. The results
    of the study provide essential baseline information, which is important to design better awareness
    intervention that can minimize the decline of pangolins.

    Keywords: Crime, international trade, law, pangolin, wildlife
Introduction                                              estimated that demand in China alone amounts
                                                          to 200,000 pangolins per annum with the price
Despite pangolins being so close to extinction,           of pangolin scales having risen over the past five
the species is not a well-known mammal in Asia            years (Zhang et al., 2015). Ninety per cent of the
and Africa. There are eight known species of              pangolins seized worldwide were described to
pangolins; namely, the Chinese pangolin, Indian           be from mainland China, Hong Kong, Thailand,
pangolin, Sunda pangolin, Philippine pangolin,            Vietnam, Indonesia, and Malaysia (Brown,
Temminck’s ground pangolin, white-bellied                 2015). The volume of seizures may have been
pangolin, giant ground pangolin, and the black-           underestimated as most estimations relied on
bellied pangolin (Challender et al., 2014). Apart         English language reports only (Nijman, 2015).
from its ornamental value, pangolin scales are
believed to promote blood circulation and to treat             Law enforcement agencies have begun
psoriasis, infertility, asthma and even cancer            to give heightened attention to crimes against
(Duckworth et al., 2008). Many also believe               wildlife with recognition that they are serious
that the pangolin’s scales are an aphrodisiac and         like other crimes, such as drug trafficking
can accelerate milk secretion, while its meat is          (Scanlon, 2013). Wildlife crimes take place at
served as a delicacy and tonic (Hua et al., 2015).        the micro-level like poaching for subsistence;
These beliefs have fuelled the high demand for            the meso-level, such as unlawful buying and
pangolins. The main destinations are China and            selling of protected species in the local market;
Vietnam where traditional Chinese medicine is             and the macro-level, especially the international
widely practised (Cheng et al., 2017). It has been        trade of endangered species (Wellsmith, 2011).
SUNDA PANGOLIN PROTECTION AND TRADE-RELATED CRIMES:                                                 170
ASSESSING LOCAL COMMUNITY KNOWLEDGE IN KEDAH, MALAYSIA

Pangolin-related crimes occur at all of these              Pangolins are reported to be hunted
levels with the main threat to the species being      either on a regular basis or opportunistically
hunting and poaching for illegal international        throughout the year in Malaysia (Sing and
trade (Challender et al., 2014a). Pangolins           Pantel, 2009). They are sold to local traders
are exceptionally vulnerable to these threats         who sell them to dealers in Thailand who will
as they have a slow reproductive rate and are         then supply the pangolins to China. In the
easily hunted (Yang et al., 2007), and efforts to     wake of weak enforcement (Ariffin, 2015), it
captive-breed the species for conservation have       has also been reported that pangolins from the
been hampered by difficulties (Hua et al., 2015).     neighbouring country of Indonesia have been
This makes the protection of pangolins even           smuggled to the northern states of Peninsular
more essential for their survival.                    Malaysia, including Kedah, to be transported to
                                                      Thailand to fulfil the illegal market in China and
     The Sunda pangolin, also known as the            Vietnam (Md Denin, 2015), as well as to Lao
Malayan pangolin, is the only subspecies found        PDR (Gomez et al., 2016).
in Malaysia. Between 1977 and 2012, it was
estimated that 87% of Asian pangolins traded               In Malaysia, all pangolin species are listed
internationally involved the Sunda pangolin           as totally protected species under the Wildlife
(Challender et al., 2015b). Since the inception       Conservation Act 2010 (Act 716) (“the WCA”).
of the Convention on International Trade in           The WCA applies to Peninsular Malaysia and
Endangered Species of Wild Fauna and Flora            the Federal Territory of Labuan. Under the
(CITES) in 1975, all Asian pangolins were             Act, any activities involving hunting, keeping
listed in Appendix II. Under CITES, Appendix          and the import-export of the species and its
II species can be traded but subject to close         parts or derivatives require a special permit.
control. However, since 2000, CITES members           Those who want to carry out research on or
adopted a decision on zero export quotas for          use pangolins for their zoos, circuses, and
the commercial trade of wild-caught Asian             exhibitions or to operate commercial captive
pangolins. Acknowledging the need for better          breeding of the species also require a special
protection of the species, CITES members              permit. Failure to obtain a special permit for
recently have passed a resolution to include all      any of the activities is a criminal offence. Those
pangolins in Appendix I, which lists species          found guilty of illegal hunting of pangolins
threatened with extinction (CITES Conference          or keeping pangolins, including keeping any
of the Parties, 2016). The commercial trade           parts or derivatives, face a fine not exceeding
of CITES Appendix I species is prohibited.            MYR100,000 or imprisonment for a term not
Besides that, the International Union for             exceeding three years or both. The maximum
Conservation of Nature and Natural Resources          fine is double if the offence involves immature
(IUCN) has listed Sunda Pangolins as critically       pangolins and triple for female pangolins. The
endangered (Challender et al., 2014a). Due to         maximum imprisonment is also increased to 10
their endangered status, pangolins are protected      years for illegal hunting or keeping of immature
by national and regional laws in their range          or female pangolins. In addition, if the crime
states (Vallianos, 2016). However, despite the        involves more than twenty heads of pangolins,
international and national legal protection,          the WCA stipulates a minimum fine of not less
pangolins are still traded illegally in substantial   than MYR50,000. The sale of anything that
numbers (Challender et al., 2015a). This is           contains or is claimed to contain any derivative
particularly worrying for the Sunda pangolin as       of pangolins is also an offence under the WCA.
the depletion of Chinese pangolins has shifted
the wild-harvesting demand of the species to the           Apart from the WCA, as a member of
Sunda pangolin, especially from Malaysia and          CITES, the Malaysian Parliament passed the
Indonesia (Nash et al., 2016; Challender, 2011).      International Trade in Endangered Species 2008
                                                      (Act 686) (“INTESA”), a national legislation

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Mariani Ariffin et al.                                                                            171

that applies to the whole of Malaysia making        local community level (Cooney et al. 2017).
it obligatory to implement the Convention. All      This includes increasing their knowledge or
pangolin species are listed in the third schedule   awareness about the law because ignorance of
of INTESA. Any person who imports or exports        the conservation status of the species and also
any scheduled species like pangolins without        laws governing their use have exacerbated the
a permit or re-exports pangolins without a          exploitation of pangolins (Soewu and Sodeinde,
certificate commits an offence. A convicted         2015). In the wake of this concern, recently,
individual faces a fine not exceeding RM100,000     all member states to CITES are required to
for each pangolin or readily recognizable part      undertake capacity-building activities including
or derivative of the animal; however, the total     to promote the understanding of legal provisions
fine must not exceed one million ringgit. The       concerning trade in, and the use of pangolins as
convicted individual can also be penalized          well as to raise awareness, inter alia, among
with imprisonment for a term not exceeding          the local communities about the conservation
seven years or to both a fine and imprisonment.     status of pangolins and the threats posed to their
Where the offender is a corporate body, the fine    survival by illegal trade (CITES Conference of
provided by INTESA is doubled. Having in            the Parties, 2016).
possession, selling, offering or advertising for
sale and display to the public any pangolin that    Education and awareness programmes are a two-
has been imported illegally is also an offence      pronged measure that can be used both to control
under INTESA and is punishable by the same          wildlife trade supply and demand. However, to
aforementioned penalties.                           devise an effective educational intervention
                                                    programme requires information about the
     Fines under INTESA are more severe than        existing knowledge of the public as well as their
the WCA as they are imposed on each individual      perception of the issue of concern. Unlike former
animal or its parts and derivatives (Ariffin and    studies that mostly only looked at the local
Mustafa, 2013). In terms of imprisonment, the       ecological knowledge about pangolins (Nash et
Malaysian courts have imposed imprisonment          al. 2016; Newton et al. 2008; Challender, 2008),
sentences for wildlife smuggling offenders          the current study aims to investigate the level
under the WCA and INTESA in several recent          of knowledge of the local community about the
cases in accordance with the aims of the statutes   regulatory protection of Sunda pangolins and
and public interest. Apart from penalties,          their perception on the seriousness of pangolin-
both the WCA and INTESA provide for the             trade related crimes. Wildlife crimes involving
protection of the identity of informers who give    species like pangolin are not localized issues in
information about wildlife-related offences and     that the causes, or at least their impacts, tend to
potential rewards for them. Local communities       be geographically dispersed or of international
can become informants that provide valuable         concern. This study also expands the existing
information for intelligence gathering (Lotter      literature on the biodiversity conservation laws
and Clark, 2014). Therefore, the identity of the    to the Malaysian context, which is as useful to
informant should never be compromised to foster     foreign tourists and researchers as to the local
confidence among the locals to come forward         communities.
with crucial information. Rewards, if given to
informants who provide true information, can        Methodology
further encourage local informants.
                                                    The study was conducted in Peninsular
     Law enforcement is usually fraught with        Malaysia in light of reports that pangolins in
ineffectiveness due to the lack of resources and    this region have declined since commercial
technical difficulties (Rowcliffe et al., 2004).    trade escalated in the 1990s (Challender et al.,
Therefore, ensuring the effective regulation of     2014a). Kedah, which is located in the north-
pangolin trade should include measures at the

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west of Peninsular Malaysia, and borders            Krejcie and Morgan (1970) sample, which may
Thailand to the north, was chosen as a study area   affect the confidence to infer the results to the
due to its proximity to the pangolin consumer       entire population of the three villages. The
markets in Vietnam and China. Between               survey was conducted from January to March
2011 and 2013, Kedah recorded the highest           2015. The respondents were selected based on
prosecution of wildlife offences, second only       convenience sampling at public places including
to Kuala Lumpur (Department of Wildlife and         markets and food courts or stalls. The selective
National Parks (DWNP), 2011; DWNP, 2012;            and convenience sampling of respondents means
DWNP, 2013). In recent years, Kedah has also        that although the results are not generalizable to
been implicated in some of the largest pangolin     all local communities in Kedah, they do provide
seizures (Oh, 2015). Specifically, the study was    important insights. In addition, as this study
conducted in three villages, namely, Kampung        explored the legal knowledge with a Kedahan
Pinang, Kampung Luar, and Kampung Kuala             sample, the results of the study might be different
Tekai. This study used a questionnaire survey       for studies conducted in different states.
to collect primary data. A pilot study was
conducted with 30 respondents chosen from           Results and Discussion
the study areas to detect problems with the
questionnaire design and survey administration.     About 66% of the respondents were male, and
The final survey consisted of three sections.       the rest were female. As for age distribution
The first section gathered the demographic          among the respondents, 34% were aged between
information of the respondents including their      18 and 40 years old, and 66% were 41 years old
gender, age, employment, and education. The         and above. With regard to education, 72% had
second section was designed to determine the        completed the Malaysian Education Certificate,
respondents’ knowledge about the regulatory         a national examination taken by form five
protection of pangolins. This part comprised        students in Malaysia, and 11% had the Malaysian
14 items covering the protection status, import-    Higher Education Certificate, taken by sixth-
export, possession, taking, and domestic trade      year secondary school students. Only 6% had a
of the species. This section also incorporated      bachelor degree, and 7% had a diploma or other
a few items to gather general knowledge about       credential, while 4% completed their education
the status of pangolins and how the respondents     until form 3 or below. The study found that most
had acquired such knowledge. This section was       of the respondents (43%) worked as farmers,
developed based on the relevant provisions          17% were civil servants while only 8% were
that protect Sunda pangolins under the WCA          employed in the private sector. As for other
and INTESA. The third section focused on            respondents (32%), they were self-employed or
the respondents’ perception concerning the          involved in other vocations, such as retailers,
seriousness of pangolin-related wildlife crimes.    fishmongers, and hawkers. Most respondents
                                                    (89%) had lived in the area for over 5 years,
     The total population of the three villages     while a few (5.3%) had lived there between 4
was 574 people. Based on Krejcie and Morgan         and 5 years and the rest (5.8%) had stayed in the
(1970), the required sample size for this           area for 3 years and less.
population was 230 people. A total of 300
questionnaires were distributed among the           Knowledge on regulatory protection of Sunda
local communities in Kedah. The response rate       pangolins
was about 85%. From the 256 questionnaires
returned, 31 were found to be incomplete. As        All the respondents answered that they knew what
a result, only 225 questionnaires were usable       a Sunda pangolin is, and most of the respondents
for the study. Consequently, the sample for         (89%) knew that the species is endangered. The
the study only achieved 97.8% of the required       majority (78%) conceded that they knew about

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this from television, 14% learned about it from                Most of the respondents (82.2%) were not
the radio and 4% from friends; the rest (4%)              aware that someone who helps the authorities in
from other sources including online-sources               detecting a wildlife crime might be rewarded.
from the Internet. This result shows a positive           The majority (76.9%) were also unaware that
development in light of the many countries that           a permit was required to re-export a pangolin.
are concerned about the lack of awareness of the          With Malaysia being labelled as a transit country
protection status of pangolins and their present          in international wildlife trade, knowledge
risk of extinction (Vallianos, 2016).                     concerning re-export requirement is pertinent to
                                                          the public. This study also found that the bulk
     Slightly more than half of the respondents           of the respondents (73.7%) were not informed
knew that a permit is required to import pangolins        about the legal provisions that protect the identity
into Malaysia (58.2%), and just under half of             of wildlife crime informants. Besides that, many
the respondents knew that such a permit is also           of the respondents (69.3%) did not realize that
needed to take wild pangolins from their natural          possessing an immature pangolin is an offence
habitat (47.6%). About 44% were aware that a              and that keeping the scales of a pangolin without
person must obtain a permit to export pangolins           a permit is also an offence (68.4%).
from Malaysia and approximately 43.6% of
the respondents knew that buying or selling                    The items on knowledge can be categorized
a pangolin at a market is an offence. The past            further into provisions related to international
several years have seen wildlife crime become             trade; taking and possession; protection status;
of increasing concern to international leaders            and informant-related provision. The higher the
(UNEP, 2014). Countries with low penalties                average mean of the category, the higher the
for such crimes have also revised their national          respondents’ knowledge of the provision. As
laws (WWF, 2013). Malaysia did the same by                shown in Table 1, the respondents had moderate
adopting the WCA and INTESA. However,                     knowledge concerning the protection status of
the study found that only a low percentage of             pangolins.
respondents were aware of the penalties with
less than half of the respondents (40%) being
aware that a person convicted of a wildlife crime
can be penalized with imprisonment.

                         Table 1: Local community’s average mean knowledge by category

               By group                            Average mean*                  Standard deviation
 Taking and possession                                 2.11                              0.755
 International Trade Controls                          2.18                              0.733
 Protection Status of Pangolin                         2.27                              0.673
 Informant related provisions                          1.94                              0.677
* 3: High, 2: Medium 1: Low

They also had lower medium knowledge                      challenges in Malaysia (Ariffin & Mustafa,
concerning the international trade controls               2013; Ariffin, 2015), the role of informants is
and about pangolin taking and possession                  essential to help with the intelligence gathering
requirements. Their knowledge about the                   of the enforcement authorities. The results
rewards and protection for informants was the             indicate that greater exposure to the provisions
lowest. In the wake of limited law enforcement            should be given to the local people.
due to the lack of resources and practical

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Association of Sociodemographic Factors with         comparisons showed that the mean score for civil
Knowledge                                            servants (M = 24.0, SD = 3.21) was significantly
                                                     different from farmers (M = 26.5, SD = 4.12)
An independent-samples t-test was undertaken         and those in the ‘others’ category (M = 27.5, SD
to compare the knowledge level of the male and       = 4.29) at p
Mariani Ariffin et al.                                                                                       175

with the level of knowledge concerning the                 of culpability and harm both of which can be
regulatory protection of pangolins.                        subjective (Raine and Dunstan, 2009). People’s
                                                           perception of the seriousness of wildlife offences
Perception on Crimes Involving Pangolins                   may be influenced by the species and factors
                                                           like the maturity or quantity of individuals
The seriousness of a crime is closely associated           or specimens being involved and whether
with its harm. For law enforcement agencies,               the culprit is an individual or a corporation.
environmental harm is basically about the                  Although perceived seriousness is not the same
violation of the national and international laws           as the actual seriousness, it is instructive.
put in place to protect the environment (White,
2010). However, the seriousness of a crime                      In the current study, the respondents were
involving wildlife is not straightforward as,              also asked about the seriousness of the various
most often, the crime cannot be assessed in                offences involving pangolin. The respondents
purely economic terms. Therefore, assessing                were invited to rate various pangolin-related
the seriousness of the crime involves a measure            crimes on a scale by ticking a number:

                                      Neutral - 1 2 3 4 5 - Serious

Where one is the most neutral and five is the most         results indicate that the respondents perceived
serious. Therefore, the higher the mean “score”,           pangolin-related crimes as serious with all items
the higher the perception of the seriousness of            achieving a mean crime seriousness of 3 or
the crime. As shown in Figure 1, the survey                higher on a 1- to 5-point scale.

* 5: Extremely serious, 4: Very serious, 3: Moderately serious, 2: Slightly serious, 1: Not at all serious

                         Figure 1: Perception of the Seriousness of Pangolin-related Crimes

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ASSESSING LOCAL COMMUNITY KNOWLEDGE IN KEDAH, MALAYSIA

More specifically, the study found that the          the mean scores of the five occupation groups [F
respondents regarded unlawfully buying               (4, 220) = 9.974, p = .000]. Post hoc comparisons
pangolin scales for medical purposes; illegally      using the Tukey HSD test reflected that the mean
captive-bred pangolins for commercial                score for civil servants (M = 57.7, SD = 8.92)
purposes without a permit; and illegally             was significantly different from private sector
possessing pangolins as moderately serious.          workers (M = 46.2, SD = 9.10); farmers (M =
The respondents deemed the illegal import of         50.5, SD = 8.01) and self-employed (M = 46.2,
pangolins; unlawful exhibit of pangolins to          SD = 10.3) groups at p
Mariani Ariffin et al.                                                                            177

whose behaviour they want to regulate know and        compliance with the laws. Other than that, it
understand them. Therefore, local awareness           is hoped that better knowledge about the legal
of the laws is the first step towards achieving       protection of pangolins can encourage more tip-
compliance and a necessary condition for their        offs from the public as they become more aware
success (Keane et al., 2010).                         of the activities that are illegal under the law.

     The results of the study provide a significant   Acknowledgments
input to the government and regulators in
developing an intervention programme to protect       The work is partially funded by the Universiti
pangolins, specifically, and wildlife, in general.    Putra Malaysia (Grant No. 9402500).
The results suggest that the overall level of
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