By The United Nations Office on Drugs and Crime (UNODC)

Overall criminalization of activities that harm the environment

• No single international legal instrument comprehensively protects the environment, criminalizes all behaviours that harm the environment, nor defines crimes that affect the environment. The legal protection of the environment is a complicated patchwork of international and regional agreements ratified and transposed to varying degrees into national legislative frameworks. Such complex and unharmonized regulations create a landscape where criminal and/or economic interests can take advantage of loopholes and gaps in legislation and its enforcement as well as a landscape conducive to criminal infiltration of legitimate sectors.

• Today, many countries make use of the law and criminal penalties to protect the environment, although with some differences across environmental areas. In most countries in the world, prison sentences can be imposed for violating laws regulating deforestation and logging, mining, air pollution, noise pollution, soil pollution, water pollution, fishing, waste, and wildlife. A high rate of criminalization of harmful behaviours exists across these nine environmental areas. Wildlife and waste are the areas where most countries have at least one related criminal offence in their national legislation. Soil and noise pollution are the areas where the fewest countries have criminal provisions.

• The level of protection afforded to the environment is related to the conditions of each country. For example, all the countries of Southern Africa regard fences related to air pollution, deforestation and logging, mining, waste and wildlife as criminal acts. In contrast, no countries among the small island states of Micronesia regard violations of deforestation and logging legislation as a crime, perhaps because

Activities that harm the environment considered as serious crime

• At least 85% of United Nations Member States criminalize offences against wildlife and at least 45% punish some of these offences with four years or more in prison, which constitutes a serious crime under the UN Convention Against Transnational Organized Crime (UNTOC). For example, in Eastern Africa, 12 out of 18 countries regard wildlife offences as serious crimes, with the potential for long prison sentences, while illegal fishing is considered most grave in Oceania, where 43% of the countries regard it as a serious crime.

• Waste offences are taken even more seriously, with almost half of the countries regarding these offences as serious crimes, including half the African countries (perhaps due to the Bamako Convention) and 62% of countries in Western Europe. Waste offences is also an area where the liability of legal persons (such as corporations) is recognized in over three-quarters of countries.

• Africa and the Americas have the highest proportions of countries with criminal offences related to all nine environmental areas analysed, while Africa and Asia have the highest average percentage of Member States with penalties meeting the serious crime definition across the nine crimes (30 percent respectively). Where there are no criminal offences, countries typically use the administration of fences (see Figure 1).

• The highest average percentage of Member States with penalties meeting the serious crime definition are in Africa and Asia, indicating not that legislation there may be ‘weak’, as is commonly stated, but that there is a lack of enforcement of the legislation. etc.

Vienna: UNODC, 2024. 41p.

By Jodie Wrigley

While scholarly debate continues about possible causal links between climate events and violent extremism, the evidence suggests that these events make communities more vulnerable to recruitment, provide fertile ground for anti-democracy sentiment, and erode trust in institutions and governments. It is recognised that many of these challenges play out in and leverage the on- and offline public sphere. Strategic communication, therefore, is an essential tool to utilise in this space to help prevent and counter violent extremism. This Policy Brief provides a starting point to explore further the potential nexus between climate events, violent extremism, and strategic communication. It explores a whole-of-society view of the potential strategic communication challenge and what actions practitioners could implement now to help address or minimise this existing or potential emerging threat . For the latest updated statistics on wildlife crime visit the World Animal Foundation website.

The Hague: The International Centre for Counter-Terrorism - ICCT, 2024. 30p.

By Insight Crime

This present study on Bolivia was led by InSight Crime. The findings and analysis are based on one year of open-source and fieldwork investigation in the cities of La Paz and Santa Cruz, and desk research, phone, and face-to-face interviews with environmental experts, government and security officials, members of local communities, academics, and others.1 The report provides a snapshot of the complex web of actors (state and non-state) and relationships fueling environmental crime in the Bolivian Amazon. Rather than just diagnosing the issue, the study aims to raise new dialogue and intervention opportunities regarding environmental crime in the region. This study addresses long-standing issues of securing land rights to traditional communities in the Amazon, many of which currently face new forms of land grabbing and land trafficking, notably by export companies extracting natural resources. It also includes ideas for reforming and strengthening structurally weak and corruption prone public institutions in the Bolivian Amazon, notably those related to land, environmental, and security issues. Finally, the report also sheds light on the transnational and cross-border dynamics of environmental crime in Bolivia in activities such as wildlife trafficking and illegal mercury trafficking for river-gold mining and illegal logging exports. The complexity of increasingly globalized supply chains initiating in or cutting through the Bolivian Amazon call for more and stronger regional and international cooperation to dismantle environmental crime and protect the forest and its people

Washington, DC: Insight Crime, 2024. 73p.

By ENACT

The illicit exploitation of mineral resources has long-term impacts on the environment, including formation of sinkholes, and contamination of the soil, groundwater and surface water. It also results in soil erosion, loss of biodiversity, health risks and even deaths. However, it is not regarded as environmental crime in Central Africa. This Policy Brief draws attention to the environmental harms caused by illegal mining in the region and explores how national and regional responses to the challenge can address the environmental fallouts.

Key points

• The environmental impacts of illegal mining in Central Africa negatively affect human and animal habitats, as well as the lives of indigenous communities.

• Illegal mining in the region is not regarded as an environmental crime.

• Various obstacles impede attempts to address illegal mining, including gaps in the criminalization of such mining and non-stringent penalties.

• Both state and non-state actors are involved in illegal mining, undermining state authority and regulatory capabilities.

• There are no regional mechanisms to counter illegal mining.

ENACT Africa, 2024. 12p.