Improper dumping of waste is considered a crime in 160 countries around the world.
The United Nations Office on Drugs and Crime's Global Environmental Impact Crime Analysis Report, released today, notes that there are stark differences in environmental protection laws across countries and regions, hampering global efforts to prevent crimes against nature and bring perpetrators to justice.
Introducing the report, Angela Me, director of the agency's research and trend analysis division, said: "Stronger legislation can help deter potential offenders and repeat offenders, and expand the range of investigative tools and law enforcement resources to stop crimes that affect the environment." ”
Serious violations
The first part of the Global Environmental Impact Crime Analysis Report, "The State of Criminalization", examines how crimes against nature are defined in all 193 UN Member States, as well as the penalties imposed by countries for violations of environmental law.
The study covers nine areas of nature-related crime, including deforestation and logging, noise pollution, fishing, waste management, wildlife conservation, and air, soil, and waste pollution. The study found that at least 85% of UN Member States criminalize crimes against wildlife.
At least 45 per cent of countries impose four years or more in prison for certain environmental crimes, which are classified as "serious" under the universally recognized United Nations Convention against Transnational Organized Crime.
"Our review shows that progress has been made globally in advancing environmental protection laws," May said. However, legislation and enforcement remain unbalanced, creating opportunities for criminal groups to exploit loopholes in the law. ”
Regional differences
The report notes that the degree of criminal conviction and punishment varies from country to country. In Oceania, for example, 43% of countries consider illegal fishing a serious crime (punishable by four years or more in prison), while in Europe, only 2% of countries classify it as a serious crime. Meanwhile, 12 out of 18 countries in East Africa consider wildlife crime to be a serious crime.
Overall, Africa and Asia have the highest percentage of Member States that classify environmental crimes as serious crimes, suggesting that legislation is not necessarily weak, but rather lacks enforcement.
UNICEF/Magray
A man fishes on the banks of the Miti River in western India, which has become an open-air dump for silt, oil and hazardous chemicals.
Wildlife crime
Of the nine areas surveyed, wildlife offences were most often covered by criminal legislation, with 164 Member States having such provisions.
Many countries have legislation that even exceeds the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Globally, penalties for wildlife crimes range from a few days to life in prison, while fines range from a few dollars to three million dollars.
In addition to wildlife, waste-related offences are also highly criminalised, with 160 countries criminalizing improper dumping of waste and including at least one related criminal offence in their legislation.
In contrast, soil pollution and noise pollution are the least protected, with only 99 and 97 countries, respectively, deeming these violations to be serious.
Legal differences
The report highlights the differences in how the law applies to individuals and businesses, which often go unpunished by paying fines, while individuals can face imprisonment.
The report recommends that States could improve their legislation to allow for the confiscation of the means used to commit environmental crimes or the proceeds of those crimes. The current lack of such provisions often leads to prosecution of petty offenders, rather than large economic actors who commit environmental crimes.
Experts believe that there are several areas of environmental legislation and penalties that need to be improved. Member States could consider increasing penalties and expanding the use of international cooperation tools, such as extradition or mutual legal assistance.
They said there was also a need to collect more data on these crimes, better enforce legislation, and conduct more research on the penalties imposed and their effects, which would help to understand which levels of criminalization were most effective in preventing environmental crime.