CCPCJ - EXPERT DISCUSSIONS ON CRIMES THAT AFFECT THE ENVIRONMENT

CCPCJ EXPERT DISCUSSIONS

CRIMES THAT AFFECT THE ENVIRONMENT

BACKGROUND NOTE

CCPCJ EXPERT DISCUSSIONS ON CRIMES THAT AFFECT THE ENVIRONMENT 14-16 FEBRUARY 2022 photo credit: Pixabay - ejaugsburg

Background Information Background Information On 7 March 2021, the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice adopted by consensus the Kyoto Declaration on Advancing crime prevention, criminal justice and the rule of law: Towards the achievement of the 2030 agenda for sustainable development1, calling upon the Commission on Crime Prevention and Criminal Justice (CCPCJ) to adopt the appropriate policy and operational measures for the follow-up to the declaration and to identify innovative ways to make use of information on progress made in the implementation of the declaration. The Commission approved the Kyoto Declaration during its thirtieth session in May 2021 and recommended its endorsement through the Economic and Social Council (ECOSOC) to the General Assembly. Operative paragraph 87 of the Kyoto declaration refers to the commitment of Member States to adopt effective measures to prevent and combat crimes that affect the environment, such as illicit trafficking in wildlife, including, inter alia, flora and fauna as protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), in timber and timber products, in crimes that affect the environment with a hazardous wastes and other wastes and in view to discussing concrete ways to improve precious metals, stones and other minerals, as strategies and responses to effectively prevent well as, inter alia, poaching.2 and combat these crimes and to strengthen international cooperation at the operational During the thirtieth session in May 2021, level on this matter.4 the CCPCJ approved the resolution, entitled “Preventing and combating crimes that affect The expert discussions are scheduled as the environment”3, which has meanwhile follows: been adopted by the Third Committee of the

(a) 14 February 2022 - Preventing crimes General Assembly. The resolution welcomed that affect the environment the Kyoto Declaration, reaffirmed the central (b) 15 February 2022 - Combating crimes role of the CCPCJ as the main policymaking that affect the environment body of the United Nations in the field (c) 16 February 2022 - Strengthening of crime prevention and criminal justice, international cooperation to address and reiterated the call made in the Kyoto crimes that affect the environment Declaration to adopt the appropriate policy and operational measures for the follow-up Environmental issues are dealt with in to the Declaration. Operative paragraph 15 different intergovernmental fora, including of the resolution called upon the CCPCJ to the conferences of the parties to numerous hold, during the intersessional period, expert multilateral environmental agreements, discussions on preventing and combating and are addressed by various international 2 Background Information organizations. The CCPCJ focuses on the The present background note by the aspects falling within its specific mandate, Secretariat, while not comprehensively namely crime prevention and criminal justice. addressing all aspects of crimes that affect the The expert discussions aim to raise awareness environment, has been prepared to facilitate for crimes that affect the environment, dialogue and an active exchange during particularly for the elements highlighted in the Commission’s expert discussions. The the resolution, as well as to bring together the background note draws upon, among others, relevant stakeholders to share their expertise, reports of the United Nations Office on Drugs with the CCPCJ acting as the convening and Crime (UNODC), other UN entities, forum for dialogue. international and regional organizations, including but not limited to the United For the work of intergovernmental bodies Nations Environment Programme (UNEP), on the specific crime-related issue of the the United Nations Interregional Crime and application of the United Nations Convention Justice Research Institute (UNICRI), the against Transnational Organized Crime in the International Criminal Police Organization field of preventing and combating transnational (INTERPOL), the World Customs

organized crimes that affect the environment, Organization (WCO), the World Bank and see below. the Secretariats of multilateral environmental conventions and agreements. Structure of the Background Note The background note is structured along the three main themes under discussion, with a view to providing food for thought regarding elements participants could address during the respective sessions. The background note also includes a set of discussion questions for each of these three themes. Thematic session 1: Preventing crimes that affect the environment (14 February 2022) 1 When discussing the prevention of crimes that affect the environment, participants may wish to discuss elements such as the root causes of crimes that affect the environment; the importance of, and good practices in, raising awareness and reducing the demand; as well as the need to enhance the integrity of legal supply chains; and address linkages with other forms of crime. Thematic session 2: Combating crimes that affect the environment (15 February 2022) 2 When addressing efforts to combat crimes that affect the environment, participants may wish to, among others, discuss the different modus operandi of criminals involved in crimes that affect the environment, and share good practices in detecting, investigating and prosecuting crimes that affect the environment. In addition, participants may wish to share good practices and challenges in addressing corruption and economic crimes, particularly the illicit financial flows derived from crimes that affect the environment and the confiscation of the proceeds of crimes, as well as other considerations, including related to victim and witness protection or compensation for damage caused. Thematic session 3: Strengthening international cooperation to address crimes that affect the 3 environment (16 February 2022) When discussing international cooperation to address crimes that affect the environment, participants may wish to discuss how the international community can make the best use of existing international instruments and strengthen regional and international cooperation among Member States, including through cooperation networks. In addition, participants may wish to discuss efforts to strengthen and expand technical assistance and capacity building to enhance inter-agency cooperation and coordination.

3 Background Information In addition to the expert discussions in the framework of the CCPCJ, a number of other intergovernmental meetings organized by UNODC focus on crimes that affect the environment. For example, in line with resolution 10/6 of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime(COP-UNTOC), two working groups of the Conference, namely the Working Group of Government Experts on Technical Assistance and the Working Group on International Cooperation, will hold a joint thematic discussion on the application of the United Nations Convention against Transnational Organized Crime for preventing and combating transnational organized crimes that affect the environment in the week of 23 May 2022, the week following the 31st session of the CCPCJ. In this joint thematic discussion, the working groups of the COP-UNTOC will focus more specifically on issues relating to criminalization and international cooperation, with a focus on the pertinent provisions of the UNTOC.

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4 Introduction to Crimes that Affect the Environment Introduction to Crimes that Affect the Environment “Our environment and our planet are critical global commons that must be protected for all people, now and in the future” . Secretary-General Report 2021 “Our Common Agenda” In the report “Our Common Agenda”, the UN the 2030 Agenda for Sustainable Development, Secretary-General underscored that addressing directly impacting the achievement of several of risks to our planet needs to be part of every decision, the seventeen Sustainable Development Goals, every policy, every investment, and every budget.5 including those related to the Food–Water– Crimes that affect the environment are among the Health Nexus (SDGs 2, 3 and 6), energy and most profitable crimes with manifold negative climate (SDGs 7 and 13), poverty and inequality impacts, including on sustainable development, (SDGs 1 and 10), environmental conservation the rule of law and good governance.6 Crimes (SDGs 14 and 15), as well as effective, accountable,

that affect the environment present a challenge and inclusive institutions at all levels (SDG 16). to the international communitys efforts to attain Box 1: UNODC’s Global Programme for Combating Wildlife and Forest Crime and the SDGs UNODC’s efforts to address wildlife crime directly contribute to the achievement of SDGs 3, 13, 14, 15 and 16. Protecting fauna and flora is a crucial component to mitigate the risks posed by zoonotic diseases, contributing to SDG 3 focused on good health and well-being. Efforts to achieve the targets of SDG 13 on climate action are also directly linked to addressing wildlife crime, as these crimes drive deforestation and the loss of multiple species of wild fauna and flora and marine resources, affecting whole ecosystems and contributing to climate change. UNODC’s efforts to address unlawful activities that threaten the health of the oceans, such as serious offences committed along the fisheries value chain, support the achievement of SDG 14 focused on life below water. In addressing trafficking and transnational organized crimes that affect the environment, UNODC’s Global Programme for Combating Wildlife and Forest Crime contributes to the attainment of SDG 15, in particular target 15.7 on taking urgent action to end poaching and trafficking of protected species of flora and fauna and address both demand and supply of illegal wildlife products. With the recognition that effective and accountable justice systems are key to upholding the rule of law, UNDOC’s efforts to support Member States in improving the effectiveness of criminal justice systems to address crimes that affect the environment and to prevent and counter corruption that facilitates such crimes, are directly linked to the achievement of SDG 16, ensuring peace, justice, and strong institutions.7 5 Introduction to Crimes that Affect the Environment 0Crimes that affect the environment include The CCPCJ first addressed the issue of crimes a wide range of illegal activities committed by that affect the environment during its third session different perpetrators, ranging from individuals in 1994 and recommended for adoption by the to companies and transnational organized Economic and Social Council a draft resolution

criminal groups. Such crimes are not committed on the role of criminal law in the protection of the in isolation but are increasingly interlinked with environment. In resolution 1994/15, the Council other forms of organized crime, representing a urged Member States to consider acknowledging lucrative component in the criminal portfolio the most serious forms of environmental crimes of transnational organized criminal groups. To in an international convention.10 commit wildlife crime, organized criminal groups The consideration by the CCPCJ follows tend to use the same trafficking routes and modus the attention given to crimes that affect the operandi as they do for other illicit commodities.8 environment by the United Nations Crime Crimes that affect the environment are also linked Congresses, for which the CCPCJ not only acts to other forms of serious crimes. as the preparatory body but also as the followWhile there is no commonly accepted up body. Crimes that affect the environment definition of crimes that affect the environment, have been addressed in various outcome numerous discussions and resolutions in the documents of the United Nations Congresses United Nations system have recognized these on Crime Prevention and Criminal Justice crimes as a growing threat to peace and sustainable (Crime Congress) that have been held over the development. Addressed are crimes ranging from course of the last 65 years. Crimes that affect the illicit trafficking in wildlife, wildlife parts and/or environment have been discussed during the their derivaties, in timber and timber products, Eighth Congress held in 1990 in Havana, Cuba, in hazardous wastes and other wastes and in and a resolution, entitled “the role of criminal law precious metals, to poaching, illegal logging, or in the protection of nature and the environment”, mining. UNEP and INTERPOL offer a broad was adopted by the Crime Congress at that description in the absence of a universally agreed time.11 The Ninth Congress, held in 1995 in definition of the terminology “environmental Cairo, Egypt, was the first to examine the issue

crime”, namely as “a collective term to describe of environmental crime in-depth and also illegal activities harming the environment and touched upon issues as crimes against cultural aimed at benefiting individuals or groups or heritage, the illegal disposal of and trafficking in companies from the exploitation of, damage to, hazardous wastes, and illegal trafficking in wild trade or theft of natural resources, including, but and endangered species, which would be taken up not limited to serious crime and transnational at several subsequent UN Crime Congresses and organized crime”.9 sessions of the UN Crime Commission.12 Crimes that affect the environment also found prominent Crimes that affect the environment are mention in the 2010 Salvador Declaration on complex and have been the focus of resolutions Comprehensive Strategies for Global Challenges: adopted by the General Assembly, the ECOSOC, Crime Prevention and Criminal Justice Systems the CCPCJ, as well as other intergovernmental fora and Their Development in a Changing World. such as the Conference of the States Parties to the In the outcome document of the Twelfth Crime United Nations Convention against Corruption Congress, the challenge posed by emerging forms (COSP-UNCAC), and the Conference of Parties of crime that have a significant impact on the to the United Nations Convention against environment was highlighted and the CCPCJ Transnational Organized Crime (COP-UNTOC). was invited to study, in coordination with the At its 22nd regular session in 2013, the CCPCJ relevant United Nations bodies, the nature of the held its annual thematic discussion on the topic challenge and ways to deal with it effectively.13 “the challenge posed by emerging forms of crime With the 2015 Doha Declaration on integrating that have a significant impact on the environment crime prevention and criminal justice into the and ways to deal with it effectively”, pursuant to wider United Nations agenda to address social the ECOSOC decision 2010/243. and economic challenges and to promote the rule of law at the national and international levels, 6 Introduction to Crimes that Affect the Environment and public participation, the outcome of the Thirteenth Crime Congress, Member States committed to

strengthening legislation, international cooperation, capacity-building, criminal justice responses and law enforcement efforts aimed at, inter alia, dealing with transnational organized crime, corruption and money-laundering linked to crimes that affect the environment.14 Most recently, in the outcome of the Fourteenth Crime Congress, namely the 2021 Kyoto Declaration, Member States expressed deep concern about the negative impact of crime on the environment and committed to adopting effective measures to prevent and combat crimes that affect the environment. For more information on the outcome documents of the Crime Congresses, kindly visit: https://www.unodc.org/congress/en/previous-congresses.html.

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7 Day 1: Preventing Crimes that Affect the Environment Day 1: Preventing Crimes that Affect the Environment Root Causes and Drivers In the Kyoto Declaration, Member States can be considered as drivers for such crimes.17 committed to developing, implementing, In addition, conspicuous consumption can be and evaluating crime prevention strategies, observed, particularly for ivory and rhino horn including their effectiveness, that address the used for decorative and traditional medicinal causes, including the root causes, and risk purposes in some regions.18 Also, poverty can be factors that make different segments of society considered a driver for such crimes, facilitating more vulnerable to crime.15 Preventing crime the recruitment of low-level perpetrators on requires an understanding of its causes. The the frontlines, for example, in the case of illegal root causes and drivers of crimes that affect the poaching. According to the UNODC World environment include a variety of factors that need Wildlife Report 202019, the root causes of crimes to be taken into consideration when designing, that affect the environment include among others implementing, and evaluating responses. With the poor governance and widespread corruption, most common crimes that affect the environment minimal budgets to police, prosecution and connected with the unlawful exploitation of fauna courts, and very low volume of proceeds from and flora, pollution or waste disposal, these crimes sustainable and managed use of natural resources are often considered to be low-risk and highly going back into communities. The role of

profitable, a fact that has also not gone unnoticed conservancies and tourism operations could also among organized criminal groups.16 A growing be discussed, focused on the responsibility to demand for natural products, coupled with a poor ensure that local communities benefit from such understanding of the impact on the environment operations. Demand Reduction and Awareness Raising With crimes that affect the environment on in order to influence consumer behavior.21 The the rise, it is important to implement effective General Assembly adopted resolution 68/205, crime prevention and demand reduction designating 3 March as World Wildlife Day, strategies, including addressing elements and invited all Member States, organizations such as poverty reduction, providing legal of the United Nations system and other global, income opportunities, as well as implementing regional and subregional organizations, as well awareness-raising strategies on the impact of as other relevant stakeholders, including civil crimes that affect the environment.20 In General society, non-governmental organizations and Assembly resolution 69/314, Member States individuals, to observe and raise awareness for were urged to engage actively in efforts to raise World Wildlife Day in an appropriate manner, in awareness about and address the problems and accordance with national priorities.22 Numerous risks associated with the supply and transit of, awareness-raising campaigns have been and demand for, illegal wildlife products, and launched since the adoption of the resolution. to reduce the demand using targeted strategies

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8 Day 1: Preventing Crimes that Affect the Environment Box 2: World Wildlife Day 2020 The theme of World Wildlife Day 2020, “Sustaining all life on Earth”, encompassed all wild animal and plant species as a component of biodiversity and shined a light on the livelihoods of people, especially those who live closest to nature.23 One of the World Wildlife Day activities was co-organized with Jackson Wild and featured a film showcase24 based on the theme. Attracting nearly 350 entries, the competition saw a wide array of filmmakers with a passion for wildlife bring to the screen some gripping stories centered on biodiversity and the interaction between people

and wildlife.25 Another artistic highlight was the second international World Wildlife Day youth art contest26, calling on school-age and youth artists to illustrate the day’s theme through their art.27 During that day, UNODC organized together with UNRIC a screening of Richard Ladkani’s award-winning documentary ‘Sea of Shadows’ in Brussels, together with Member of European Parliament Grace O’Sullivan and the director of the film himself.28 In addition, States, organizations, and civil society groups celebrated the day through their own events around the world. Photographic competitions in Accra, Ghana; a symposium in Bhopal, India; a forum on crocodile conservation in the Philippines; reforestation days in Nicaragua; giant billboards promoting World Wildlife Day across the United States; and the lighting of the Empire State Building in New York, all together honored the day.29 The International Consortium on Combating of initiatives have been implemented to raise Wildlife Crime (ICCWC) works to raise awareness in this field, such as the CBD’s awareness of the seriousness of wildlife crime, Communication, Education and Public sharing knowledge, research, and good practices Awareness Programme,32 the establishment of with stakeholders to prevent and combat such the United Nations Decade on Biodiversity,33 or crimes. For example, in West and Central the International Day for Biodiversity.34 Africa, ICCWC supported Member States to better understand the threats of wildlife crime In an effort to enhance demand reduction by undertaking the West and Central Africa strategies for crimes that affect the environment, Wildlife Crime Threat Assessment. More than the Conference of the Parties to CITES 30 agencies have been made aware of the Threat highlighted in its resolution Conf 17.4 the need Assessment’s key findings and recommendations for well-targeted, evidence-based, speciesand were encouraged to incorporate these into specific demand reduction campaigns to more their own working programmes.30 According effectively bring about behavior changes.35 In the to the Secretariat of Convention on Biological Draft Guidance for CITES Parties to Develop Diversity (CBD), the lack of public awareness and Implement Demand Reduction Strategies

on the importance of biodiversity is considered to Combat Illegal Trade in CITES-listed Species as one of the most serious barriers to achieving of 2021, a five-step process to demand reduction the objectives of the Convention and other for crimes that affect the environment was biodiversity-related conventions.31 A number introduced.36

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9 Day 1: Preventing Crimes that Affect the Environment Enhancing the Integrity of Legal Supply Chains Another challenge in preventing crimes that affect the environment is that illicit markets are often intertwined with legal supply chains. According to a report by the Financial Action Task Force (FATF) of 2021, criminals frequently mix legal and illegal goods early in the resource supply chains to conceal their illicit source (e.g., mixing illegal logs, precious metals and stones, and waste products with their legal counterparts).37 Protecting the legitimate supply chain, especially from the infiltration of organized crime, is a complex issue that requires a multi-faceted response.38 UNICRI underscored the importance of identifying the threats to the supply chain of different products and of understanding that certain categories of products may present unique issues in terms of supply chain complexity, product authentication and vulnerability to criminal operations.39 Box 3: Wildlife Crime UNODC, in its 2020 World Wildlife Crime Report, stressed the importance of collecting information on the linkages between licit and illicit trade with a view to targeting interventions and responses to specifically address the vulnerabilities of the licit trade and to strengthen the global regulatory system. In studying different case studies, UNODC found that in some cases, the markets are entirely illegal, while in other cases, a large share of the illegally acquired wildlife is processed and sold in a legal market, which allows criminals to access a larger market and broader pool of potential buyers.40 UNODC in its World Wildlife Report 2020 recommended for example that DNA tests could be used at various points in the supply chain to ensure that species are accurately declared. Regular audits could also be conducted to monitor sources of supply, and there are clear benefits to reducing the gaps in collaboration between actors at all stages of the

supply chain, including the private sector.41 Another example of the opportunities offered by new technologies is the automation of CITES permit procedures and electronic information exchange for improved control of international trade in endangered species (eCITES), which aims to help government agencies to better target their inspections and identify criminal actors.42,43 Box 4: Precious Metals The ECOSOC resolution 2019/23, negotiated by the CCPCJ, recognized that the vulnerability of the supply chain facilitated illicit trafficking in precious metals and contributed to the creation of a significant revenue base for organized criminal groups, thereby potentially contributing to the expansion of the criminal enterprise, facilitating corruption, and undermining the rule of law through corruption.44 UNICRI in 2016 focused on assessing the vulnerabilities of the precious metals supply chain, highlighting the involvement of transnational organized crime and presenting other criminal activities associated with the illicit trafficking in precious metals.45 The report identified concrete gaps, including jurisdictional loopholes along the supply chain, general supply chain weaknesses, gaps in law enforcement capacity, a lack of information-sharing amongst national agencies and international organizations, and lack of knowledge and training.46 Supply chain integrity could benefit from making some parts of the trade transaction process electronic, thereby reducing opportunities for corruption, which may also include exploring new technologies like blockchain.47 In May 2021, UNICRI published the report “Technology and Security: Countering Criminal Infiltrations in the Legitimate Supply Chain”, analyzing how technology can improve the security of the supply chain in five areas, namely: food frauds; illegal unreported and unregulated fishing, illicit pesticides; trafficking in precious metals and fuel frauds.48 10 Day 1: Preventing Crimes that Affect the Environment Linkages between Crimes that Affect the Environment and Other Forms of Crimes Crimes that affect the environment are often to diversify their activities and engage in wildlife treated in isolation from efforts to address other and other types of crime.52 types of crime. At the national level, this can

According to a survey conducted by be reflected, among others, in the separation INTERPOL in 2015, new crimes or new modus of agencies responsible for the protection and operandi were reported by 60% of respondent conservation of the environment and crimes that countries, indicating growing sophistication and affect them, from law enforcement agencies.49 For adaptation by transnational organized crime example, in relation to wildlife crimes, UNODC groups. 84% of the respondent countries reported found in its World Wildlife Crime Report 2020 a convergence between crimes that affect the that the means of transportation, the routes environment and other serious crimes. Among used, as well as the concealment methods and such crimes, corruption was accounted for the the logistics involved, are often interlinked with largest percentage, followed by counterfeiting, other forms of organized crime.50 In its report drug trafficking, cybercrime, and financial “Convergence of wildlife crime with other crimes.53 INTERPOL’s report “Uncovering the forms of organised crime”, the Wildlife Justice Risks of Corruption in the Forestry Sector” Commission suggested that intelligence analysis observed that bribery was reported as the most and analytical techniques such as organised common form of corruption in the forestry sector, crime group mapping, crime pattern analysis, followed by fraud, abuse of office, extortion, flow of commodities, and more, would provide cronyism and nepotism.54 For example, criminal greater insight of where and how wildlife crime networks use corruption and the bribery of may be converging with other crimes.51 In officials to establish “safe passage” for the illegal addition, the case studies conducted found that movement of timber.55 criminal groups may have different motivations Photo Credit: Pexels - francesco paggiaro 11 Day 1: Preventing Crimes that Affect the Environment Box 5: Corruption The management of natural resources is often governed by complex regulations that may be vulnerable to acts of corruption. Incentives to corrupt behaviour could be the high profit and

low risk of being caught, together with the absence of effective sanctions. In addition, lack of transparency in the public administration and other agencies, unclear accountability structures or a lack of public disclosure of key documents can be considered conducive to corruption.56 Chapter II of UNCAC on preventive measures sets global standards on corruption prevention. The full and effective implementation of these general standards also contributes to the prevention of corruption that specifically enables crimes that affect the environment. Lessons and trends can be drawn from the ongoing review of the implementation of Chapter II of the Convention. More specifically, in addressing the links between corruption and crimes that affect the environment, the Conference of the States Parties to the UNCAC, adopted at its eighth session in 2019 res