Significant Milestone in Combating Environmental Crimes
A pivotal agreement aimed at addressing environmental crimes was formalised in Vienna during the Conference of the Parties of the United Nations Convention against Transnational Organized Crime (UNTOC). This agreement involves the approval of a resolution to establish a special committee tasked with developing a Protocol focused on transnational environmental crimes.
Historically, the UNTOC meetings, which have been convened biennially since 2000 under the Palermo Convention, have primarily concentrated on transnational crimes related to human trafficking, migration, and arms trafficking. However, following the conclusion of the thirteenth summit on 23 October, a new chapter has emerged to tackle the illegal trade of wildlife and flora—including timber and timber products—as well as illegal mining and the trafficking of minerals and precious metals, alongside waste trafficking. These activities will now be classified as transnational crimes requiring coordinated action from UNTOC member states.
“This is a historic moment in the global fight against environmental crimes. At a time when multilateralism faces unprecedented pressure, governments have united to acknowledge that crimes such as wildlife trafficking and illegal mining represent serious forms of transnational organised crime that necessitate a coordinated international response,” remarked Alice Pasqualato, a global policy expert on environmental crimes from the Wildlife Conservation Society (WCS), following the agreement’s approval.
Indigenous Voices Amplified at the Summit
The presence and participation of a group of indigenous representatives from the Amazon were crucial during the summit. Over ten leaders from Colombia, Ecuador, Peru, and Brazil attended to share how organised crime is impacting their lives in the Amazon. This event marked the first occasion that a delegation of indigenous leaders from the Amazon was present at this global forum.
The resolution to initiate the development of a Protocol on transnational environmental crimes was championed by eleven countries, eight of which are from Latin America—Bolivia, Brazil, Colombia, Costa Rica, Ecuador, Panama, Peru, and Uruguay—alongside Mauritania, the Democratic Republic of Congo, and São Tomé and Príncipe. The resolution garnered support from 83 nations, with only 12 voting against it and 27 abstaining.
Countries opposing the resolution included Argentina, Israel, Venezuela, Japan, and the United States, the latter of which proposed up to three amendments aimed at blocking the protocol’s establishment and pressured others to vote against it.
Highlighting the Indigenous Perspective
“Our participation has been vital in highlighting the serious threats to our territories posed by drug trafficking, illegal mining, and land trafficking,” stated Marcelo Odicio, president of the Native Federation of Kakataibo Communities (Fenacoka) in Peru, from Vienna.
Representatives from Colombia, Ecuador, Peru, and Brazil shared the detrimental impact of environmental crimes in their respective nations, illustrating how violence and the presence of organised crime pose a constant threat to indigenous communities in the Amazon. “We understand that drug trafficking and organised crime do not respect borders; therefore, we need an international protocol approved in this global space to combat the increasing organised crime in our territories,” commented the Kakataibo leader prior to the resolution’s approval.
During the summit, indigenous representatives engaged with ambassadors from UN member states, as well as with officials from the International Criminal Police Organisation (Interpol) and Monica Juma, Executive Director of the United Nations Office on Drugs and Crime (UNODC), the body overseeing the UNTOC.
“Presenting the serious threats faced by our territories to the international community, compounded by the murders we have endured, has been crucial during these days of dialogue,” added Marcelo Odicio. “We also demand that indigenous peoples be given their own space for dialogue in future conferences specifically addressing organised crime,” he urged.
Calls for Inclusion and Representation
Brayan Mojinajisoy, a member of the Inga Indigenous Council from Villagarzón (Acimvip) and a leader of the Inga people of Lower Putumayo in Colombia, was also present at the summit. He noted that the situation faced by border indigenous communities in Putumayo mirrors that of Peru, given that armed actors in the area are known to traverse between Colombia, Ecuador, and Peru. “This creates corridors for their activities. I come from the midsection of the Putumayo River and understand how these dynamics operate,” he stated.
Mojinajisoy highlighted that the indigenous representatives attended the summit with various requests, including the inclusion of indigenous authorities, governance systems, and organisational structures in discussions at this international forum.
The indigenous delegation included Patricia Gualinga from Ecuador, a member of the UN Permanent Forum on Indigenous Issues; Galois Flores, Vice President of the Autonomous Territorial Government of the Wampis Nation in Peru; Jamer López, President of the Regional Organisation Aidesep Ucayali (ORAU) in Peru; Francisco Da Silva Piyako, an indigenous leader from the Juruá region in Brazil; Ingry Mojinajisoy, an Inga leader from Acimvip in Colombia; Segundo Pino from the Kakataibo Indigenous Guard in Peru; Herlin Odicio, Vice President of ORAU; and Miguel Guimaraes, Vice President of the Interethnic Association for the Development of the Peruvian Jungle (Aidesep).
Implications of the New Protocol
The resolution passed at UNTOC establishes the formation of a special committee to draft an additional protocol to the United Nations Convention against Transnational Organised Crime aimed at tackling the aforementioned environmental crimes, as well as adopting other relevant measures for the prevention, investigation, prosecution, and resolution of such crimes.
This agreement marks the beginning of negotiations for the establishment of the new protocol. The approved document stipulates that four sessions must be convened with the aim of presenting a draft protocol at the next conference of the parties.
The decision also acknowledges “the significant role of indigenous peoples and local communities in contributing to the efforts of member states—consistent with their national legislation—to prevent and combat crimes affecting the environment, as well as corruption related to such crimes.”
“This historic decision enables the international community to agree on coordinated responses to transnational environmental crimes. However, it will only be effective if the protocol is discussed, designed, and implemented with meaningful participation from indigenous peoples,” commented Raphael Hoetmer, Director of the Western Amazon Programme at Amazon Watch.
Sofía Jarrín, an advisor for the Defence of the Western Amazon at Amazon Watch, emphasised the recognition of indigenous peoples as crucial stakeholders. “What starts now is a negotiation process where we will seek to ensure the voices of indigenous peoples are heard,” she noted.
While acknowledging that no formal mechanism currently exists for indigenous participation, Jarrín expressed a commitment to ensuring that indigenous peoples are active participants, “not only because they know the territory and its activities but also because they contribute to security within the Amazon.”
The initiative that has just been approved was led by Brazil and Peru, with Carlos Alberto Sánchez del Águila, Minister at the Peruvian Embassy in Austria, being one of the key advocates for this agreement.
Jarrín remarked that Sánchez del Águila, representing Peru, has been pursuing this proposal for several years in collaboration with Brazil, which has made significant efforts to promote the protocol and mechanisms for participation.
In a statement, the Wildlife Conservation Society (WCS) particularly recognised the leadership of Brazil, France, and Peru in bringing their governments together around this initiative and commended all co-sponsors and civil society partners whose commitment and diplomacy contributed to making this decision possible.