Crimes Against Nature: UN Agency Scrutinizes Environmental Legislation

The UN Office on Drugs and Crime (UNODC) has launched a landmark report in Vienna, spotlighting the critical need for stronger environmental laws globally. Angela Me, Chief of Research and Analysis at UNODC, emphasized that enhanced legislation can significantly deter both potential and repeat offenders, and expand the investigative tools available to law enforcement agencies tackling environmental crimes.

Comprehensive Global Analysis

Titled The Landscape of Criminalization, this report is the inaugural part of the first-ever Global Analysis of Crimes that Affect the Environment. It scrutinizes how all 193 UN Member States define and punish offenses against nature. The study focuses on nine major areas of nature-related crimes: deforestation and logging, noise pollution, fishing, waste management, wildlife protection, and pollution of air, soil, and water.

Serious Violations

The report reveals that 85 percent of UN Member States criminalize offenses against wildlife. Moreover, at least 45 percent of countries impose penalties of four or more years in prison for certain environmental crimes, meeting the “serious” crime threshold set by the UN Convention Against Transnational Organized Crime (UNTOC).

โ€œWhile there is notable progress in environmental protection laws globally, legislation and enforcement remain uneven, providing opportunities for criminal groups to exploit gaps in responses,โ€ stated Angela Me.

Wildlife and Waste: Leading Areas of Criminalization

The report indicates that wildlife and waste management offenses are the most criminalized areas, with 164 and 160 countries respectively including related criminal provisions in their legislation. Conversely, soil and noise pollution are the least protected, with only 99 and 97 countries respectively having criminal provisions.

Regional Variations

The severity of penalties and the level of criminalization vary significantly by region. For instance, in Oceania, 43 percent of countries classify illegal fishing as a serious crime, whereas in Europe, only 2 percent of countries do so. Eastern Africa stands out with 12 out of 18 countries considering wildlife offenses as serious crimes.

Wildlife Crime: The Most Commonly Criminalized

Offenses against wildlife are the most frequently addressed by criminal legislation, with penalties ranging from a few days to life imprisonment and fines from a few US dollars to three million. Many countries have laws that exceed the requirements of CITES, the international convention regulating endangered species trade.

Legislative Gaps and Recommendations

The report highlights significant discrepancies in how laws are applied to individuals versus enterprises. Businesses often escape with fines, whereas individuals may face imprisonment. The UNODC suggests enhancing legislation to include provisions for confiscating means or proceeds from environmental crimes, which could curb offenses by major economic players.

Areas for Improvement

UNODC experts call for improved data collection, better enforcement of existing laws, and more research on the effectiveness of penalties. They also recommend that Member States consider increasing penalties and using international cooperation tools like extradition and mutual legal assistance more extensively.

By addressing these legislative gaps and enhancing enforcement, countries can better combat environmental crimes, thereby protecting the planet for future generations.

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