Peru: ecocide law approved by Justice Commision

Summary:

• On November 27th, the Justice and Human Rights Commission of the Congress of the Republic of Peru approved a motion to criminalise ecocide, paving the way for its incorporation into the Penal Code.

• The Commission, chaired by legislator Isaac Mita, approved the motion with 14 votes in favour, 5 against and 2 abstentions.

• The motion proposes incorporating article 305-A into the Penal Code, taking the main elements of the consensus legal definition of ecocide formulated by the Independent Expert Panel convened by the Stop Ecocide Foundation in 2021.

• The proposed new offence of ecocide would apply when ‘a person knowingly provokes, commits or omits acts that cause severe damage that is widespread or irreversible to the environment or its components, to environmental quality or health, or to the integrity of ecological processes’.

• The Justice and Human Rights Commission's approval is a significant step toward criminalising ecocide in Peru, but it still requires plenary approval by Congress and presidential promulgation to become law.