The United Nations has voted to establish an international process to negotiate a new protocol targeting organised environmental crime, despite opposition from the United States and concerns from several other countries. The resolution, adopted at the 13th Conference of the Parties to the UN Convention against Transnational Organized Crime (Untoc), paves the way for negotiations on an additional protocol covering illicit trafficking in wild fauna and flora, including timber and timber products, illegal mining and trafficking in minerals and precious metals, and illicit trafficking in waste.

South Africa, which co-sponsored the resolution, backed the initiative, arguing that a dedicated protocol was needed to close gaps in the international legal framework and strengthen cooperation against criminal networks exploiting natural resources. The country argued that developing countries bore the brunt of inaction, with environmental crime contributing to inequality and poverty. The South African delegation said the initiative dated from 2012, when member states recognised the growing scale and harm of environmental crime and the need for a common international approach.

The US opposed the resolution, arguing that the convention provided tools to address environmental crime and that countries should first strengthen its mechanisms before creating a new instrument. The US proposed three amendments, including one to keep open the possibility of strengthening mechanisms rather than assuming a new protocol was necessary, and another requiring the committee's work to be funded through extra-budgetary contributions. However, the amendments were rejected, with 83 votes in favour of the resolution, 12 against, and 27 abstentions.

The resolution establishes an ad hoc committee that will hold four sessions, each lasting no more than 10 days, to draft an additional protocol to the UN Convention against Transnational Organised Crime. The proposed instrument would operate under the Untoc framework, which provides for international cooperation on issues such as extradition, mutual legal assistance and investigations involving transnational organised criminal networks. The committee is expected to submit a draft to the convention's next conference in 2028, if possible.

South Africa's Department of Forestry, Fisheries and the Environment said the resolution builds on the country's 2025 G20 presidency, during which the Cape Town Ministerial Declaration on Crimes that Affect the Environment was adopted. The declaration was subsequently welcomed by G20 leaders. The department highlighted how criminal networks exploit differences in national legislation, weaknesses in cross-border cooperation and legitimate supply chains to facilitate environmental crime and conceal illicit proceeds.

Forestry, Fisheries and the Environment Minister David Maynier welcomed the resolution, saying environmental crime is organised crime and needs to be tackled in coordination with other countries. The minister said the resolution was an important step towards ensuring international legal frameworks keep pace with increasingly sophisticated criminal networks exploiting natural resources. South Africa will work with international partners on intelligence sharing, joint investigations, and efforts to disrupt criminal networks and illicit financial flows.

The UN-backed negotiations are expected to focus on measures to prevent, investigate, and prosecute environmental crimes. The proposed protocol will provide a framework for international cooperation and strengthen the fight against environmental crime, which generates upwards of $200 billion annually for transnational criminal networks and foreign terrorist organisations. The negotiations will respect national sovereignty and avoid duplicating international agreements.

Key points

  • The UN has voted to establish an international process to negotiate a new protocol targeting organised environmental crime.
  • The proposed protocol will cover illicit trafficking in wild fauna and flora, illegal mining, and waste trafficking.
  • The negotiations are expected to focus on measures to prevent, investigate, and prosecute environmental crimes.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.