The Government goes to the High Court at 10.30am tomorrow, Thursday 30th May to defend itself against a legal challenge by Greenpeace over its failure to prevent illegal mahogany from the Brazilian Amazon rainforest being imported into the UK (1).
The court case is the latest development in Greenpeace's campaign to end imports of illegally and destructively logged timber into the UK from the world's last remaining ancient forests. Currently around 60% of Britain's imports of tropical rainforest wood come from illegal sources.In court Greenpeace lawyers will lay out their case that the Government's decision not to seize the cargo of illegal mahogany contravenes its commitments under EC law and CITES, an international treaty designed to control the trade in endangered plants and animals (2). By contrast a number of other countries including Germany, the Netherlands and Belgium have seized illegal mahogany.
If the Government loses the case it will have to prevent any more Brazilian mahogany entering the UK unless Brazil confirms that it hasn't been illegally logged. It will also have to stop its re-export to other countries.
Greenpeace first alerted the Government to the illegal shipments on January 31st after their investigations revealed that two cargoes of Brazilian mahogany were headed to the UK - despite a complete ban on mahogany logging and export being imposed by the Brazilian Government last year (3). The ban followed investigations that revealed that at least 70% of mahogany was being logged illegally.
An initial application for a judicial review of the decision was turned down by the High Court on 26th February 2002. However on 25th March the Appeal Court gave the go ahead for the judicial review.
The mahogany ban is part of a concerted effort by Brazil's environment agency (IBAMA) to shut down the 'Mahogany Mafia', who largely control the illegal trade in Brazil. On 21st February 2002, as part of the clampdown, IBAMA launched 'Operation Rescue' and seized $25 million worth of the wood from a site deep in the Amazon. Then in February legal proceedings were started to take members of the 'Mahogany Mafia ' in the Amazon to court for their activities (4).
On April 9th 2002 President Cardoso of Brazil said on Brazilian national radio, "Despite various restrictions that IBAMA has imposed in recent years to prevent the cutting of mahogany in prohibited areas, the guidelines have been ignored. Unscrupulous loggers have felled trees in illegal areas and transported them clandestinely to other zones where their handling is permitted. During this dispute, entrepreneurs and loggers managed to gain legal authorisations that conflicted with the national interest in preserving mahogany."
Mahogany is one of the most valuable woods in Brazil and can fetch up to US $1,500 per cubic metre when shipped to its major markets in the USA and Britain. Britain is the third largest importer of Brazilian mahogany - which is used in furniture and for window frames and coffins. UK retailers who sell products made from Brazilian mahogany include department store Harrods.
Notes for editors:
(1)The case is being heard at 10.30am on Thursday 30th May 2002 in Court 71 of the High Court in The Strand. It is being heard before Lord Justices Mummery, Laws and Dyson.
(2)CITIES stands for Convention on Trade in Endangered Species. Mahogany is listed under CITIES appendix III to prevent its "unsustainable or illegal exploitation."
(3)The ban on the mahogany trade was imposed through IBAMA decree No. 17 of 19th October 2001. The banning of mahogany logging in three Amazon states (Pará, Mato Grosso and Acre) was imposed through decree No. 22 of December 5th. Translations of both decrees are available from Greenpeace.
(4)For example, following IBAMA's successful appeal of the 6th February, Judge Marcia Murrieta, from the Tribunal of Justice of Para State, accepted the request of the State Prosecutor of Altamira and has opened a legal case against 12 members of the 'Mahogany Mafia'. All of them were referred by the prosecutor as the "Mafia do Mogno" (the Mahogany Mafia). Judge Murrieta's decision dated, February 22nd 2002, was announced on 25th February in Altamira, Pará State. This is not the first time that loggers have faced legal charges - but is the first time that a judge accepted an accusation against loggers based on "formacio de quadrilha" - the Brazilian equivalent of the US RICO Act, which was designed to stamp out organized crime.
Further information:
Contact the Greenpeace press office on 020 7865 8255
