“If the judicial system is fully implemented the way it was designed, then people will be deterred from illegal logging and charcoal.”
Q&A with Daniel Kabichi, head of law enforcement operations within Malawi’s Department of Forestry
Until recently, crimes like illegal logging and illegal charcoal production went unpunished and often unnoticed by the law. As Malawi’s environmental crises reach a boiling point, the government has ramped up its focus on law enforcement and public policy needs to address crimes that exacerbate deforestation. The Modern Cooking for Healthy Forests works with government partners to build capacity and strengthen procedures for processing these types of crimes.
Why do you believe crimes related to deforestation have been ignored by Malawi’s justice system?
These types of crimes have been ignored by the justice system because Malawi’s forests contribute a lot to the economy, and over 85 percent of the population relies on this natural resource for their livelihoods and energy for their day-to-day use. In this context, crimes related to deforestation have not been taken seriously, and our justice system has not taken people to task and punished them. Penalties for these crimes have been so low, people have just ignored any laws or regulations to protect the forests.
How has that changed with recent changes in the law?
The law regulating forest products was amended in 2020, and penalties can be as high as 5 million Malawi Kwacha, or up to 20 years in prison. With these tough penalties, you can see that Malawi’s judicial system has begun to view these cases as serious offenses.
What challenges does law enforcement face to regulate forest-related criminal activity?
Traveling to places where illegal logging and charcoal making is happening and engaging forest rangers and officials from other agencies is expensive. To operate requires resources, and that is a big challenge. Due to these financial challenges, we cannot cover the whole country. Another challenge is political inference. Politicians are not always happy to see their people punished as they think they will lose votes. We also run into corruption and it’s challenging to arrest somebody, process the case, and see it withdrawn without any conditions attached to it. This is demoralizing. The final challenge is the issue of capacity and not being able to handle these legal issues to the best of our abilities. There are more than just police involved in these cases, including forest rangers and guards and the judiciary. Our work is connected to people’s livelihoods, and they can turn violent to protect their illegal products.
What is the most effective way to deal with deforestation and the illegal charcoal market from a criminal justice perspective?
On the part of law enforcement, our desire is that if they are caught then the judicial system will be oriented and fully implemented the way it was designed. If this happens, then people will be deterred from illegal logging and the illegal charcoal market. People on the ground are important and must be capable. The other effective way to reach the people is with frontline staff working with the communities raising awareness and doing advocacy work.
How has legislation changed thanks to the partnership with Modern Cooking for Healthy Forests and the lobbying work of Lilongwe Wildlife Trust?
Initially, it was difficult for law enforcement to penetrate the legal ground and move cases into the judicial system, since these issues weren’t considered serious. So MCHF and partners came at the right time and helped to lobby and push the new law through Parliament. They have worked with the communities using campaigns to reach the people, and people know much more about the law quicker than any other law passed in the last several years.
How has MCHF increased the capacity for law enforcement to improve their jobs?
Yes, they are creating and enhancing capacity by orienting district Forest Officers, working with the Forestry Department, law enforcement officers, and prosecutors. Throughout the process, we have come together to sit down and share ideas and experiences and this has been an amazing way to increase our collective capacity. For example, MCHF has helped to establish a court monitoring system that allows us to follow up on all cases, share case typologies and new experiences. Thanks to this, we now see things differently.
What signs are indicative that the general public is obeying the law and moving away from illegal charcoal?
Initially, people would just drive around with illegal forest products like charcoal and trees in the daytime, but now thanks to the law, you find that most have stopped doing this. There are now very few compared with before. We hear public awareness programs on the radio, television, and in the media trying to enhance information about the law. People are saying ‘wow this forest crime is serious’. Another indicator is that anybody can report forestry crimes at any time. I receive calls all the time from people who give me info regarding illegal logging and charcoal.
What motivates you and your team to continue improving law enforcement in forestry sector?
In my eyes, our forests have been a failure for a long time, and my personal stand is that I don’t like to see that defeat. I have seen forestry cases where the loss of trees in a water catchment area creates problems for the people who live downstream. It is painful to allow that to happen. But this time around, we have the chance to work with multiple agencies, motivate people to work together, and move forward as a country.
What is a symbolic case for you that would make your team and Malawi proud?
For a case in the city of Blantyre, we received information from an informant that a prominent person in society was moving and selling illegal charcoal. We used the information to build the case and worked with the Criminal Investigation Unit within the police. We got people on the ground and made the arrest. He ended up having 90 bags of illegal charcoal that he was selling. The suspect was processed in the court and charged under the new law. His penalty ended up being a fine of 3 million Malawi Kwacha. The case shows that our tactics to gather information, follow-up, and partner with agencies was working. It was the first time in Malawi’s history that somebody was fined this much for having and selling illegal charcoal. The case has brought hope for other cases that we are working on.
