The UK Ivory Ban, Exploring a Controversial Battle
The long-awaited ban on the ivory trade finally came into force in the UK in June 2022. It is now illegal to trade in ivory items in the UK, except for very limited exemptions (detailed later in this blog), with those who break the law facing prosecution and a fine of up to £250,000 or up to five years’ imprisonment. In addition to the elephant, the following animals have now been added to the protected list; Hippopotamus, walrus, narwhal, killer whale (orca) and sperm whale will all receive greater legal protection under the UK’s world-leading ban on importing, exporting and dealing in items containing ivory, the Government has announced (May 2023) – delivering on a key animal welfare manifesto commitment. Hippopotamus is the species most at risk from the trade in its ivory after elephants. The other species are already threatened by climate change, and the continuing trade in their ivory may exacerbate these threats and make their long-term survival less likely.
In a world grappling with environmental challenges, the issue of trading in ivory stands as a poignant symbol of our relationship with nature. The United Kingdom, a nation renowned for its rich history, has found itself at the centre of a heated debate surrounding the ban on ivory. Join me as I unravel the complexities at the very heart of this contentious battle for the preservation of endangered species and our cultural heritage.
Ivory is a precious commodity with a dark legacy. For centuries, ivory has fascinated humans with its lustrous beauty and malleability, making it a coveted material for crafting exquisite ornaments and intricate artworks. However, behind this allure lies a grim reality that cannot and should not be ignored. The rampant poaching of elephants and other endangered species for their ivory tusks has pushed many populations to the brink of extinction. Recognising the urgent need for action, the international community has stepped forward to address this crisis and the United Kingdom has played a crucial role in this global endeavor.
To understand the reasons behind the ban on trading ivory we need to look at the historical context, from unregulated trade to global concern. Throughout history, the United Kingdom has been intricately connected to the ivory trade. Once a thriving industry, ivory import and export were virtually unregulated until the early 20th century. As public awareness grew regarding the devastating consequences of the trade, global efforts emerged to curb the demand and protect vulnerable species. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) played a pivotal role in shaping international regulations, and the UK joined this cause with a commitment to safeguard the world's wildlife.
There is no doubt the UK ivory ban is a controversial and decisive step forward. In 2018, the UK government implemented a comprehensive ban on the commercial trade of ivory, marking a momentous milestone in the fight against wildlife trafficking. The ban encompasses a wide range of ivory products, including those with exemptions for historic and cultural significance. By enacting strict legislation, the UK aims to eliminate loopholes that allowed the illegal ivory trade to persist, safeguarding the future of endangered species while honoring the cultural heritage associated with legitimate artifacts.
While the UK Ivory Ban is robust, it also includes certain exclusions or exemptions that have sparked controversy and debate. These exclusions primarily revolve around antique ivory items and their trade. The ban allows the sale of ivory items that are considered to be of outstanding artistic, cultural, or historical value and when the items are proven to be at least 100 years old. These exemptions aim to preserve important cultural artifacts and acknowledges the role of museums, collectors and antique dealers in preserving history.
Exemptions from the UK Ivory Trade Ban currently include the following:
Pre-1918 Antiques: The UK ivory ban allows for the trade of items made from ivory that were created before 1918. These items are considered antiques and are exempt from the ban. This specific exemption is based on the recognition of the items outstandingly high artistic, cultural or historical value.
Musical Instruments: Musical instruments containing ivory components are exempt from the ban, provided they were made before 1975. This exemption acknowledges the practical need for certain musical instruments that have traditionally utilized ivory, such as pianos, violins, and guitars.
Miniature Works of Art: Miniature works of art created before 1918, which contain less than 10% ivory by volume, are exempt from the ban. These include intricate carvings, sculptures, and other art forms where the use of ivory is minimal.
Restitution of Human Remains: Ivory items that are being repatriated or returned to their country of origin for the purpose of restituting human remains are exempt from the ban. This exemption recognizes the cultural and spiritual significance of these items in certain contexts.
It is important to note that the above exemptions are subject to change through legislation, specific criteria and regulations and were correct at the time of publishing this blog (May 2023).
The current exemptions aim to strike a balance between conservation efforts and preserving objects of cultural and historical importance. The UK government has implemented measures to ensure that these exemptions are not abused or exploited to facilitate the illegal ivory trade. However, this exemptions have been met with criticism. Some argue that it creates a loophole that allows for the laundering of illegal ivory through the antique market. Critics claim that distinguishing between antique and newly poached ivory is difficult, leading to potential loopholes and a risk of increasing demand for all ivory. The challenge lies in ensuring effective regulation and enforcement to prevent the abuse of this exemption while protecting cultural heritage.
Key to the success of the UK ivory ban is enforcement and international collaboration. Implementing an effective ban requires robust enforcement as well as global collaboration. The UK government has strengthened its commitment to combat wildlife trafficking by allocating additional resources to enforcement agencies, such as the National Wildlife Crime Unit. Moreover, international cooperation plays a vital role in curbing the illicit trade, with the UK collaborating closely with global partners to strengthen regulations, share intelligence, and dismantle criminal networks involved in the illegal ivory trade.
The journey towards a sustainable future for the ban involves ongoing efforts to refine and reinforce the UK ivory ban, including addressing the exclusions. Recognising the complexities of the issue, the UK government has sought input from various stakeholders, including conservationists, antique dealers and museum curators to strike a balance between protecting endangered species and preserving cultural heritage.
To address concerns regarding the potential abuse of the antique ivory exemption, the UK government has implemented stringent regulations. A key requirement is the issuance of ‘Article 10 certificates’ for qualifying ivory items, which document their legal origin and provide a traceable record. These certificates ensure transparency and help prevent the trade of illegal ivory disguised as antique pieces.
In addition, the UK has taken steps to enhance public awareness and education surrounding the ivory ban. Efforts are underway to educate both sellers and buyers about the regulations, emphasising the importance of responsible trade and the role each individual plays in protecting endangered species. However, challenges remain in effectively monitoring and enforcing the ban, particularly in the online marketplace where illegal trade can thrive. Collaborative efforts between law enforcement agencies, technology platforms, and conservation organisations are essential to detect and combat illicit activities.
Looking beyond its borders, the UK actively engages in international initiatives to combat the ivory trade. By supporting organizations such as CITES, the government aims to strengthen global regulations, enhance cross-border co-operation, and address the underlying factors driving the demand for ivory.
The UK ivory ban represents a significant step towards protecting endangered species and combating the illegal wildlife trade. Despite the complexities and controversies surrounding the exclusions for antique ivory, the government has taken measures to ensure transparency, accountability, and responsible trade practices. The road to a sustainable future requires continuous efforts in refining and reinforcing the ban, along with robust enforcement, international collaboration, and public awareness. As a society, we must embrace our collective responsibility to preserve both our natural heritage and cultural legacy for future generations. Through these concerted efforts, we can contribute to a world where ivory remains a symbol of majestic creatures and not a catalyst for their demise.
If you would like to know more about the UK Ivory Ban, please visit the UK Government guidance page at the following URL.
https://www.gov.uk/guidance/dealing-in-items-containing-ivory-or-made-of-ivory
