UN backs negotiations on global protocol to tackle environmental crime

Member states have 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 about the need for a new legal instrument.

The resolution was adopted at the 13th Conference of the Parties to the UN Convention against Transnational Organized Crime (Untoc), paving 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.

It secured 83 votes in favour, 12 against and 27 abstentions. 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.

In its intervention, 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 country argued that developing countries bore the brunt of inaction, with environmental crime contributing to inequality and poverty.

“A dedicated additional protocol is therefore essential to close these gaps,” the delegation said, urging countries to support the original resolution and reject amendments proposed by the US.

The US argued that the convention provided tools to address environmental crime and that countries should first strengthen its mechanisms before creating a new instrument.

It 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.

The US also pointed to the convention's review mechanism, which it said was estimated to take more than 70 years to complete.

“Let's ensure our convention is working optimally before building a new wing,” the US delegation said, arguing that countries should address weaknesses in the treaty before spending money and time negotiating another instrument.

The amendments were rejected.

In a further statement after the vote, the US acknowledged that environmental crimes generated upwards of $200 billion (R3.3 trillion) annually for transnational criminal networks and foreign terrorist organisations. But it said countries should concentrate on strengthening domestic legislation, law enforcement and prosecutions, rather than negotiating a protocol that might fail.

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 resolution also requires the negotiations to respect national sovereignty and avoid duplicating international agreements.

The proposed instrument will provide for measures to prevent, investigate and prosecute environmental crimes. The committee is expected to submit a draft to the convention's next conference in 2028, if possible.

South Africa said it had advanced the initiative through a coordinated, whole-of-government effort involving the departments of international relations and cooperation and forestry, fisheries and the environment, as well as the National Prosecuting Authority and South African Police Service.

The collaboration brought together environmental enforcement, prosecutorial and criminal justice expertise and diplomatic engagement, according to the government.

The resolution also builds on South Africa’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.

During the negotiations, South Africa 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.

While negotiations continued, South Africa would work with international partners on intelligence sharing, joint investigations and efforts to disrupt criminal networks and illicit financial flows, the department of forestry, fisheries and the environment said.

Forestry, Fisheries and the Environment Minister David Maynier welcomed the resolution, saying on Thursday: “Environmental crime is organised crime and we need to tackle the complex international networks facilitating illicit wildlife trafficking in coordination with other countries.”

The minister said the resolution was an important step towards ensuring international legal frameworks kept pace with increasingly sophisticated criminal networks exploiting natural resources.