UN offers recommendations for environmental protection laws

A new analysis from the UN Office on Drugs and Crime (UNODC) released on Friday finds that legal protection of the environment varies widely by country and region in terms of crimes covered and punishments given, and highlights priority areas for consideration to strengthen prevention and curb crimes that affect the environment. In "The Landscape of Criminalization", Part One of the first-ever Global Analysis of Crimes that Affect the Environment, UNODC examines how 193 UN Member States criminalize actions that harm the environment - and how such offences are penalized - across nine environment areas, namely deforestation and logging, air pollution, noise pollution, soil pollution, water pollution, fishing, waste, and wildlife. "Our review shows that there has been progress globally in advancing environmental protection laws, but legislation and enforcement remain uneven, offering criminal groups opportunities to exploit gaps in responses," said Angela Me, Chief of Research and Analysis at UNODC. "Stronge r legislation can help to deter potential and repeat offenders and also widen the range of investigative tools and resources for law enforcement to stop crimes that affect the environment," she said. Wildlife and waste are the areas where most countries (164 and 160, respectively) include at least one related criminal offence in their national legislation. In contrast, soil and noise pollution (99 and 97, respectively) are the areas where the fewest countries have criminal provisions. At least 85 percent of UN Member States criminalize offences against wildlife and at least 45 per cent 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), according to the analysis. The level of protection afforded to the environment - as well as the penalties imposed - are closely related to the conditions in each country or region. For example, 43 percent of countries in Oceania regard illegal fishing as a serious crime (meaning it is punished with four years or more in prison), in contrast to just two per cent of countries in Europe. 12 out of 18 countries in Eastern Africa, meanwhile, regard wildlife offences as serious crimes, it added. Africa and Asia have the highest average percentage of Member States with penalties meeting the serious crime definition, indicating that the legislation is not necessarily 'weak', as is commonly stated, but that there is a lack of enforcement of the legislation, it noted. The report noted many areas for improvement of environmental legislation and penalties. Member States could consider increasing penalties to enable Member States to utilize UNTOC provisions for international cooperation (such as extradition or mutual legal assistance.) Countries could also consider improving legislation allowing for confiscation of the instrumentalities or proceeds of environmental offences. The current lack of such provisions may be leading to the prosecution of minor offenders, rather t han the large economic interests that often drive crimes that affect the environment, it said. Finally, the report underscored the need for more data collection on these crimes, enforcement of legislation, and more research on the penalties administered and the effects of these. Only with this information can it be understood which combinations of criminalization and restorative approaches are most affective at preventing crimes that affect the environment. Source: Kuwait News Agency