Chapter III. Enabling conditions for government engagement – Comparative assessment

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Introduction #

This report presents a comparative assessment of the enabling conditions for civil society engagement with governments to combat Nature crime across eight Amazonian countries: Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela.

The assessment draws on country profile research conducted by ILP through its global network of pro bono legal experts, including contributions from leading international law firms and country-based legal practitioners. This legal research was complemented by qualitative inputs from interviews with civil society organisations (CSOs) and environmental practitioners active in each jurisdiction, providing ground-level evidence on enabling conditions for collaboration with governments and the continuity of nature crime enforcement across different administrations (see Annex I for a complete overview of each country’s legislation).

The report examines five dimensions of the enabling environment for civil society engagement:

  • Civil society status – the legal space in which CSOs operate, including freedom of association, transparency, and implementation of the Escazú Agreement1.

  • Institutional landscape – the public authorities responsible for monitoring, enforcement and prosecution, and how their mandates interact.

  • Legal pathways – the administrative, criminal and constitutional mechanisms through which CSOs can hold the State accountable and compel enforcement.

  • Remote sensing evidence – the admissibility of satellite-derived evidence, a growing area of CSO contribution and a key determinant of effective cooperation.

  • Challenges in engagement with authorities – the structural, procedural and political constraints that limit cooperation in practice.

In line with the broader framework within which this report sits, the analysis focuses on three prevalent manifestations of Nature crime in the Amazon: illegal deforestation; environmental degradation linked to extractive and land-use activities; and threats or violence against environmental defenders. This report follows the same categories of nature crime as presented in Chapter I, but for the purposes of this assessment they are grouped into three illegal deforestation; environmental degradation linked to extractive activities — encompassing illegal logging, illegal gold mining and the mercury contamination it generates; and threats or violence against environmental defenders. The grouping follows the logic of the assessment itself, since logging, mining and mercury pollution share the same legal pathways, institutional counterparts and remote-sensing evidence base, and so present a single enabling-environment profile, whereas deforestation and defender violence each map onto a distinct assessed dimension.

This report consists of two parts: (i) a comparative assessment of the eight countries across the dimensions listed above and (ii) detailed “country profiles”, with more detailed information relevant in their respective national context under these same dimensions, concluding with case examples of notable litigation and the use of remote sensing evidence.

Methodology #

The research for this report combines legal analysis, desk-based research, and qualitative inputs to map available legal routes, assess enabling conditions for collaboration, and identify patterns and gaps at both national and regional levels.

The assessment was developed and implemented in partnership with the International Lawyers Project (ILP), whose expertise in comparative environmental and human rights law underpins the legal and institutional dimensions of this component. ILP activated its global network of pro bono legal experts to conduct preliminary legal research on the legal routes, mechanisms, and remedies available to CSOs and Indigenous communities to defend environmental rights and challenge nature-related crimes. This research focused on each Amazonian country as a pilot jurisdiction and involved contributions from both leading international law firms and country-based legal practitioners.

ILP’s legal partners conducted a comprehensive review of domestic, regional, and international legal frameworks applicable to nature crimes and associated human rights violations. The analysis mapped administrative and judicial remedies available to CSOs and Indigenous communities, including environmental enforcement mechanisms, constitutional and administrative litigation, criminal law provisions, and access to regional and international human rights systems. Particular attention was given to identifying which legal routes appear most promising in practice, based on recent case law, patterns of government action or inaction, and judicial receptiveness to environmental claims.

The four dimensions assessed together describe the structural conditions under which civil society can engage with public authorities on Nature crime. Each dimension captures a distinct enabling condition; taken together, they shape whether monitoring data, legal expertise and community testimony can move along the evidence-to-accountability pipeline described in Chapter II. The order in which the dimensions are presented reflects a rough sequence of preconditions: the legal and physical space for CSOs to exist (civil society status); the existence of governmental counterparts to engage with (institutional landscape); the procedural mechanisms through which engagement can produce outcomes (legal pathways); and the admissibility of the most distinctive form of evidence civil society contributes in the Amazon today (remote sensing).

Civil society status #

This dimension assesses the baseline conditions for CSO existence and operation: whether organisations can register, operate and receive funding without disproportionate barriers; whether defenders and partner communities face threats, criminalisation or violence; and whether the State formally recognises environmental democracy obligations, including through the Escazú Agreement. The Agreement presents four pillars (access to environmental information, public participation in environmental decision-making, access to justice in environmental matters, and the protection of environmental defenders) which map directly onto the conditions a CSO needs in order to function. A State’s posture towards Escazú, whether it has signed, ratified and begun to implement the Agreement or has remained outside it, therefore serves as a reliable proxy for its broader willingness to recognise and protect civil society’s role in environmental governance. This formal posture is the strongest available indicator of a State’s declared willingness, but formal commitment and operational reality regularly diverge. Chapter II shows that effective cooperation frequently rests on trust-based relationships with individual prosecutors. The de facto axis introduced below precisely capture that gap.

Institutional landscape #

Civil society engagement on Nature crime depends on having functional counterparts in government. This dimension assesses the legal mechanisms available to CSOs and affected communities when environmental violations are detected. It considers whether constitutional, administrative, civil and criminal routes provide accessible standing, remedies, enforcement tools and opportunities to obtain restoration or accountability.

The legal toolkit available to CSOs and affected communities determines what they can do when potential environmental violations are detected: how accessible the mechanisms are and how broadly they grant standing to non-State actors decides whether documentation translates into enforcement, restoration, precedent, or recognition of rights violations. This is also where regional diversity is most visible across the Amazon, with the civil-law systems of Brazil and Colombia, Guyana’s common-law tradition, Ecuador’s rights-of-nature constitutionalism, and Suriname’s Dutch-law heritage differing substantively in architecture even where they converge on similar outcomes.

Admissibility of remote sensing evidence #

Across the Amazon, the scale of territory and limited state presence make satellite and other remote sensing data foundational to detecting Nature crime. This dimension assesses whether satellite and other remote sensing data can be used in domestic proceedings. In a region where vast territories and limited state presence make remote monitoring essential, admissibility determines whether CSO-generated evidence can support enforcement or remains limited to advocacy and international reporting.

Comparative findings across dimensions

This section summarises the findings of the country profiles across five dimensions of the enabling environment for civil society engagement on nature crime. Of these, only three lend themselves to a comparative assessment of performance, and the classification developed here is confined to them: the status of civil society, the legal pathways available, and the admissibility of remote-sensing evidence. The remaining two dimensions, the institutional and regulatory landscape and the challenges of engagement with authorities, are treated descriptively in the profiles rather than ranked, because neither reduces to a defensible single scale of performance.

For each dimension, the section first defines the thresholds used to classify countries into three categories, as defined below, and then allocates each of the eight countries assessed to its corresponding category. Thresholds are grounded in the conditions documented in the country profiles, and reflect both formal legal-institutional features and observable patterns of practice. A summary table below consolidates the assessment across all five dimensions and provides a colour-coded overview.

Summary comparative table #

The table below consolidates the assessment across the five dimensions for the eight countries assessed. Green denotes a highly enabling environment, orange a moderately enabling environment, and red a challenging environment. The thresholds applied to each dimension are those set out in the corresponding subsections above.

COUNTRY Civil Society Status Legal pathways Admissibility
of remote sensing evidence
de jure de facto
Bolivia Challenging Challenging Partial Emerging
Brazil Moderately protective Challenging Robust Firmly established
Colombia Highly protective Challenging Robust Emerging
Ecuador Highly protective Challenging Robust Emerging
Guyana Moderately protective Highly protective Partial Emerging
Peru Challenging Challenging Partial Emerging
Suriname Moderately protective Moderately protective Partial Emerging
Venezuela Challenging Challenging Restricted Untested

1. Civil society status #

For this dimension the assessment is built on two axes rather than a single rating: the de jure legal status of civil society organisations and the de facto civic conditions in which they operate. The two are scored separately because across the region they frequently diverge, as a protective legal framework can coexist with severely adverse operating conditions. Each axis is classified on the same three-tier scale: Highly protective, Moderately protective, and Challenging.

THRESHOLDS. The present assessment combines two components. The first is the regulatory regime for CSOs, the rules on NGO registration, funding, foreign cooperation, advocacy and dissolution, which determines how freely organisations can constitute themselves and operate. The second is the substantive environmental-rights framework, assessed against the core guarantees of the Escazú Agreement: access to environmental information, public participation in environmental decision-making, access to justice in environmental matters, and specific protection for environmental defenders, together with the formal commitment signalled by signature, ratification and a national implementation roadmap. This axis does not assess the practical effectiveness of those mechanisms, which is addressed separately under the de facto axis.

Highly protective: no restrictive NGO, funding or foreign-cooperation legislation in force, and a developed environmental-rights framework providing access to information, broad legal standing, public participation and specific protection for defenders, whether anchored in a ratified Escazú Agreement or in an equivalent domestic framework, supported by a formal implementation commitment.

Moderately protective: a generally functional legal framework for CSO operation, without restrictive legislation, but with significant formal gaps in the environmental-rights framework, such as non-ratification of Escazú and absence of a national roadmap, the lack of a dedicated statutory protection mechanism for defenders, partial or absent freedom-of-information guarantees, or residual discretionary powers over registration, reporting or dissolution.

Challenging: restrictive NGO, funding or foreign-cooperation legislation in force or recently enacted that formally constrains the registration, operation, financing, advocacy or dissolution of CSOs — regardless of the state of the environmental-rights framework, since such legislation directly limits the actors the framework is meant to enable.

RESULTS: #

HIGHLY PROTECTIVE: Colombia and Ecuador. Colombia has ratified and incorporated Escazú into domestic law, recognises constitutional rights to association, expression and participation, and has formal protection mechanisms such as the National Protection Unit. However, Article 77 of the 2022–2026 Colombian National Development Plan introduces registration and reporting obligations that have received criticism from CSOs because it could lead to the automatic dissolution of organizations that fail to comply with registration requirements. Ecuador is a party to the Escazú Agreement, has freedom-of-information legislation, recognises broad legal standing through the Rights of Nature framework, provides public participation in environmental matters, affords specific protection for environmental defenders through Decree 77, and submitted an implementation roadmap in 2023.

MODERATELY PROTECTIVE: Brazil, Suriname and Guyana. Brazil has a generally enabling framework for civil society organisations, including the Regulatory Framework for Civil Society Organization (Law 13.019/2014) and broad associational standing, but it has not ratified the Escazú Agreement and its protection programme for defenders remains weak in practice. Suriname does not have a restrictive NGO regime, but it remains wholly outside the Escazú Agreement and lacks a statutory protection mechanism for defenders. Guyana was the first State Party to ratify the Escazú Agreement and does not have restrictive NGO or funding legislation, however, there is neither a dedicated protection mechanism for environmental defenders nor an implementation roadmap.

CHALLENGING: Bolivia, Peru and Venezuela. Bolivia’s Law 351 and its implementing decrees require organisations to align their statutes with government-defined economic and social development policies under threat of de-registration. Peru’s Law 32301 classifies the use of international cooperation funds for actions against the State as a very serious infraction, while proposed expansion of APCI powers and non-ratification of Escazú further narrow the formal legal space for CSOs. Venezuela presents the most restrictive de jure framework, with the 2024 Anti-NGO and Anti-Solidarity Laws formally constraining civil society operation, financing and advocacy, alongside neither signature nor ratification of Escazú.

1.3. Civil society – de facto: operational conditions for CSOs in practice #

THRESHOLDS. The de facto axis assesses the actual civic conditions in which CSOs, environmental defenders, Indigenous leaders, community monitors and other civil society actors operate in practice. It focuses on the incidence of lethal and non-lethal violence against environmental defenders; threats, intimidation, harassment and criminalisation; state retaliation against monitors; and the practical ability of CSOs to conduct monitoring, advocacy, litigation and engagement with authorities without systematic risk.

This dimension incorporates the evaluation derived from CIVICUS Monitor, a platform launched in 20172 that rates the conditions for the freedoms of association, peaceful assembly and expression in 198 countries and territories, drawing on national CSOs, regional researchers, international human-rights indices and its own analysts. Each country is placed on a five-point scale running from the full enjoyment of these freedoms to their complete closure: open (rights enabled and protected), narrowed (broadly respected, with isolated violations), obstructed (legal and practical constraints, with CSOs undermined and journalists self-censoring), repressed (critics risk intimidation, detention or worse, and CSOs face de-registration), and closed (civic space shut, where exercising basic freedoms can bring imprisonment, injury or death). For the Amazonian countries analysed in this report, no country has been classified as “open”.

Highly protective: civic space is open or narrowed, and there is no systematic pattern of lethal violence, state retaliation, criminalisation or intimidation against environmental defenders, CSOs or community monitors.

Moderately protective: civic space is narrowed or subject to documented pressure, with threats, intimidation or sector-specific tensions affecting CSOs or defenders, but without a systematic pattern of lethal violence, state retaliation or closed/repressed civic space.

Challenging: civic space is classified as obstructed, repressed or closed; and/or there is a systematic pattern of lethal violence against environmental defenders; and/or there is documented state retaliation, criminalisation or severe harassment against monitors, defenders or CSOs.

RESULTS: #

HIGHLY PROTECTIVE: Guyana. #

Guyana presents the most favourable de facto civic conditions among the countries assessed. Civic space is classified by CIVICUS as “narrowed” (the second-best category after “open”), and there is no documented systematic pattern of lethal violence against environmental defenders. While rising pressure linked to the oil-and-gas sector is an emerging risk, the available evidence does not yet indicate a broader pattern of repression, state retaliation or systematic violence against environmental CSOs.

MODERATELY PROTECTIVE: Suriname. #

Suriname’s civic space is also classified as “narrowed” by CIVICUS. While threats have been reported against Saamaka leaders following the April 2024 concession, the country does not present the same systematic pattern of lethal violence, closed civic space or state retaliation documented in the more challenging cases and occupies a middle ground.

CHALLENGING: Colombia, Brazil, Ecuador, Peru, Bolivia and Venezuela. #

Colombia is classified by CIVICUS as “repressed” and has recorded the highest number of environmental defender killings worldwide, with 501 killings since 2012. This violence is closely linked to conflicts over land, illegal economies, armed groups and the post-conflict reopening of frontier areas.

Brazil is classified as “obstructed” by CIVICUS and has recorded 413 killings since 2012, concentrated in the Legal Amazon. The Brazilian case illustrates the gap between a relatively developed legal and institutional framework and the risks faced by those who expose illegal deforestation, land grabbing, illegal mining and violence in forest territories. Indigenous leaders, rural communities, local associations and environmental CSOs may have formal avenues to report violations, but in practice their work often takes place in territories where criminal networks and powerful economic actors exercise significant pressure.

Ecuador is classified as “obstructed” and has one of the highest per-capita rates of lethal attacks against environmental defenders in the region, against a backdrop of rising political violence since 2024. Peru has recorded the murder of 33 Indigenous leaders in the Peruvian Amazon over the past decade, with most cases unresolved, and has been evaluated as “repressed” by CIVICUS. Bolivia has been evaluated as “obstructed” by CIVICUS, as it presents documented state retaliation against environmental monitors, including the dismissal and prosecution of a park ranger who reported forest fires. Venezuela is classified as “closed” by CIVICUS and Centro de Defensores de la Justicia recorded approximately 979 attacks on defenders in 2024, making it the most restrictive de facto civic environment among the countries assessed.

Thresholds. This dimension assesses the availability of routes to accountability through constitutional, criminal, civil and administrative mechanisms through which CSOs and affected communities can hold the State accountable, compel enforcement, and obtain reparation for environmental harm. What distinguishes the categories is not the number of mechanisms a country can list but whether they combine into a usable pathway, that is, the breadth of the toolkit and of legal standing, and whether those mechanisms have been shown to function.

Robust: the toolkit is comprehensive across the constitutional, criminal, civil and administrative domains, standing is broad enough for CSOs and communities to activate it, and the pathway is demonstrably functional with landmark precedents showing these mechanisms producing enforceable accountability rather than existing only in principle.

Partial: most mechanisms available but with key gaps – narrower legal standing, recent legislative rollback eroding pre-existing protections, narrower toolkit, or untested mechanisms.

Restricted: no functional route to accountability survives, either because a framework that exists on paper is neutralised by judicial politicisation, or because the toolkit is so narrow, and precedent so absent, that no effective pathway exists.

Classification. #

ROBUST: Brazil, Colombia and Ecuador.

Colombia offers the richest toolkit in the region: a fast constitutional injunction to protect fundamental rights (tutela), a collective action defending shared interests such as a healthy environment (acción popular), an action to force public authorities to apply the law (acción de cumplimiento), a class action for damages (acción de grupo), criminal prosecution under a 2021 Environmental Crimes Law, and litigation to overturn unlawful permits. Its courts have gone furthest in recognising nature itself as deserving protection, declaring both the Colombian Amazon and the Atrato River “subjects of rights” that the State is legally bound to conserve and restore.

Ecuador rests on the most advanced constitutional foundation in the region: since 2008 its constitution grants nature itself enforceable rights, shifts the burden of proof onto those accused of environmental harm, allows anyone to sue in Nature’s defence, and provides dedicated constitutional remedies. Two Constitutional Court rulings show this is more than principle, one halted mining in a protected cloud forest (Los Cedros), the other upheld an Indigenous community’s say over mining on its land (Sinangoe).

Brazil’s strength is procedural and institutional rather than rooted in any recognition of the rights of Nature, which its constitution does not grant. Civil society can act through two main channels: the ação popular, a constitutional suit open to any citizen to challenge acts that damage the environment, and the more powerful ação civil pública, a collective action in defence of shared environmental interests that public prosecutors, the public defender’s office and qualifying civil-society associations can bring on the public’s behalf. These are reinforced by strict-liability rules, a dedicated 1998 Environmental Crimes Law, binding settlements in which offenders commit to repair the damage (termos de ajustamento de conduta), and a well-resourced federal enforcement and satellite-monitoring apparatus.

PARTIAL: Bolivia, Guyana, Peru and Suriname.

Bolivia provides constitutional protective suits (the popular action and amparo) and criminal offences against natural resources, but their effect is undercut by recurring amnesties (“perdonazo”) that periodically forgive past illegal clearing and by penalties so low – as little as US$0.20 per hectare cleared – that they fail to deter.

Peru has the mechanisms, constitutional amparo, a popular action, environmental offences in the penal code, and even a 2024 ruling granting the Marañón River legal personhood, but recent legislation is rolling protections back: one law retroactively legalised past illegal deforestation, another restricts civil society’s use of foreign funding to act against the State.

Guyana’s common-law system allows constitutional motions to enforce the right to a healthy environment, judicial review of official decisions, and public-interest litigation before a receptive regional court (the Caribbean Court of Justice). The toolkit works but is narrower than some of the civil-law systems alongside it.

Suriname relies on civil claims for unlawful harm, a Constitutional Court operating only since 2019, criminal proceedings, and rulings of the Inter-American Court of Human Rights affirming the land rights of its Indigenous and Maroon peoples. The framework’s reach was shown by a 2024 injunction halting activity across 535,000 hectares of their territory. As with Guyana, the toolkit works but is narrower than some of the civil-law systems alongside it.

RESTRICTED: Venezuela.

Venezuela’s formal framework is, on its face, ambitious, as Articles 127–129 of the 1999 Constitution recognise environmental rights, Article 120 establishes the right to prior consultation, and the 2012 Ley Penal del Ambiente introduces objective criminal liability for environmental offences. In practice, however, the politicisation of the Tribunal Supremo de Justicia and the contentious administrative courts has rendered domestic remedies structurally unavailable to CSOs and Indigenous communities. As the country profile observes, Venezuela offers no example of successful domestic CSO litigation on nature crimes, and international mechanisms (the IACHR, the UN Fact-Finding Mission and the ICC) appear to be the only available pathways for some form of accountability.

3. Admissibility of remote sensing evidence #

Thresholds. This dimension assesses the extent to which satellite-derived and other remote sensing evidence is admissible in domestic administrative, criminal and constitutional proceedings, and whether institutional and technical capacities are in place to interpret and validate such evidence.

Firmly established: higher courts have confirmed admissibility of remote sensing evidence in nature crime cases, established institutional infrastructure (e.g. national satellite monitoring), demonstrated formal cooperation between technical CSOs and public authorities, and emerging training programmes for prosecutors and judges.

Emerging: admissibility recognised under general evidentiary rules, with at least one successful case precedent, but no specific framework or systematic training programme; capacity to interpret evidence concentrated in specific units or partner CSOs.

Untested: domestic admissibility unclear or untested; remote sensing evidence used primarily to trigger international mechanisms rather than domestic remedies.

Classification. #

FIRMLY ESTABLISHED: Brazil and Colombia.

Brazil can be classified at the higher end of the scale because it combines advanced technical capacity with increasing judicial acceptance of geospatial evidence. The country benefits from one of the most developed satellite-based deforestation monitoring systems in the region, particularly through the IBAMA/INPE/PRODES infrastructure, which allows authorities to identify, document and respond to illegal forest clearing with a high degree of technical precision. Brazilian courts have increasingly recognised satellite imagery and official geospatial data as valid forms of evidence in environmental cases. A resolution from the National Justice Council (Conselho Nacional de Justica) has provided guidance for the judicial use of geospatial evidence, consolidating the practice. However, this model is now contested by a proposed bill of law (PL 2.564/2025), approved by the Chamber of Deputies in 2026. If voted by the Senate, the new law would bar federal regulators from embargoing deforested areas on the basis of remote detection alone, requiring prior on-site verification and a right of reply. Such requirements could hamper the effectiveness of remote sensing evidence as a tool in the fight against Nature crime, including remote sensing evidence provided by civil society through its monitoring platforms (see Chapter I).

Colombia’s classification is supported by the fact that remote sensing evidence can be admitted under the country’s general evidentiary framework and has already been used in significant environmental cases. In the Atrato River litigation brought by Tierra Digna, satellite imagery helped demonstrate the extent of mining-related environmental destruction, including approximately 17 km² of affected territory. This illustrates that geospatial evidence can move beyond monitoring and advocacy to support legal arguments in court. Colombia also shows signs of institutionalisation through cooperation between Fundación para la Conservación y el Desarrollo Sostenible (FCDS) and the Fiscalía, which provides a pathway for civil society-generated evidence to inform prosecutorial action. For this reason, Colombia should not be assessed only on the formal admissibility of satellite evidence, but also on the existence of practical precedents and collaborative mechanisms that connect CSO monitoring with state enforcement.

EMERGING: Bolivia, Ecuador, Guyana, Peru and Suriname.

In Bolivia, remote sensing evidence is admissible under the general principle of freedom of proof, and agro-environmental jurisprudence has confirmed that satellite-based material can be used in environmental disputes. The Chiquitanía coalition case, which arose from the devastating forest fires that affected the Chiquitanía region and other parts of eastern Bolivia in 2019, illustrates that civil society actors are already able to deploy satellite imagery in a sophisticated way to document large-scale environmental harm. In that case, environmental organisations and researchers used satellite data to identify the extent and location of burned areas and to support claims regarding the environmental impacts of the fires. However, this practice remains only partially institutionalised, and Bolivia has not yet developed the kind of dedicated procedural guidance, specialised training or consistent judicial practice that would place it in the established category.

Ecuador also has a workable evidentiary basis for the use of geospatial evidence. Its civil and criminal procedural codes, the COGEP and COIP, allow documentary, expert and technical evidence to be assessed within ordinary proceedings, while the Constitution reverses the burden of proof in environmental matters. This gives particular practical value to well-documented satellite, drone or mapping evidence. The Sinangoe case shows how this can work in practice: in response to mining concessions and illegal mining activities that threatened rivers, biodiversity, Indigenous territory and community life, the Sinangoe Indigenous Guard carried out its own monitoring over several months, collecting photographs, drone footage, satellite images, GPS data and audiovisual material. This evidence supported a constitutional action arguing that the State had violated rights to prior consultation, water, health, territory and a healthy environment.

Guyana also represents an emerging case: while its technical forest-monitoring capacity is comparatively strong, its judicial use of community-generated remote sensing evidence remains limited. The country has a national forest monitoring, reporting and verification system, which gives it a developed technical basis for tracking forest loss and land-use change. In parallel, Indigenous communities and civil society partners have developed monitoring initiatives in regions such as Rupununi and Upper Mazaruni. These initiatives combine satellite-based forest-loss alerts with field verification by trained Indigenous monitors, allowing communities to identify suspected deforestation or mining incursions and document them on the ground. The resulting evidence has been used in advocacy submissions to institutions such as the Environmental Protection Agency and the Guyana Geology and Mines Commission, and in international advocacy concerning mining-driven environmental harm in Indigenous territories. However, these datasets have not yet formed the evidentiary basis of a concluded criminal or administrative proceeding.

Peru It is also classified as an emerging country because it has already established an important criminal precedent in the use of satellite imagery, but the formal framework surrounding the admissibility of such evidence remains uneven. In the landmark “Cacao del Perú Norte” case, the prosecution used satellite imagery to demonstrate that primary forest had, in fact, been cleared, directly contradicting the company’s claim that the area contained no primary forest. The court ruled in favor of the prosecution, sentenced the company’s general manager to prison, and imposed significant fines and reparations. However, Peru remains an emerging country because there are still no specific technical standards for remote sensing evidence, beyond general requirements such as authenticity, traceability, integrity, and expert support, and a program of systematic training for FEMA prosecutors and judges has not yet been institutionalized. It is worth noting that considering the use of satellite imagery as evidence in judicial proceedings strengthens the evidentiary tools available to environmental prosecutors and judges in combating environmental crimes.

Suriname likewise shows important but still nascent developments. Remote sensing evidence is admissible under the general rules of civil and criminal procedure, but the country has not yet developed detailed procedures for the treatment of geospatial evidence. Recent developments nevertheless show growing capacity. In 2023, the government certified officials from 19 ministries and public institutions in geospatial analysis, indicating an effort to build state capacity to understand and use remote sensing data.

UNTESTED: Venezuela. The Venezuelan profile records the most striking gap in the region: extensive remote sensing work by SOS Orinoco, Wataniba and partner Indigenous organisations has documented the dramatic expansion of mining-driven deforestation, but this body of evidence has been deployed almost exclusively to trigger international mechanisms (the November 2024 IACHR/REDESCA statement on the Yanomami people being the most prominent example). Domestic acceptance of CSO-generated remote sensing evidence in nature crime proceedings is effectively non-functional.

4. Cross-cutting observations and recommendations #

The country profiles assembled in this chapter point out that the formal legal architecture is not per se the binding constraint on civil society engagement with Nature crime. Brazil, Colombia, Ecuador and Peru all possess sophisticated legal frameworks that produce genuine accountability outcomes when conditions align. What determines whether civil society can actually engage the State, and whether that engagement translates into enforcement, are the conditions that surround the law: the engagement of government with the idea of civic participation, the security of those who do the work, the institutional capacity to act on the evidence produced, and the continuity of the legal framework itself. Five conclusions can be drawn from the information presented in this report:

The implementation of the Escazú Agreement is bearing fruits. The countries that have signed or ratified it show better enabling conditions for civil society. They have developed, or are developing, the access-to-information frameworks, participation mechanisms and access-to-justice tools through which civil society engages environmental authorities. It is noticeable, then, that Suriname and Venezuela, outside the Agreement entirely, show the widest gaps in enabling conditions. Ratification can, however, be actively undermined by subsequent legislation, such as has happened with Peru’s Law 32301/2025. This regulation aims to restrict the use of international cooperation funds for action against the State and cuts directly against Escazú’s access-to-justice and defender-protection commitments, making Peru a cautionary example of how a normative gain can be reversed.

The strongest legal frameworks coexist with the gravest risks to environmental defenders. The countries with the most developed enforcement and litigation tools — Brazil, Colombia and Ecuador — are also those recording the highest numbers of defender killings, yet protection of defenders remains the least developed part of an otherwise sophisticated architecture. This gap is precisely what the division between the de jure and de facto axes was designed to expose: Colombia and Ecuador both rate highly protective in law yet challenging in practice, a divergence that a single blended score would have concealed. Each has a formal mechanism –Colombia’s National Protection Unit, Ecuador’s Decree 77, Brazil’s Programme for the Protection of Human Rights Defenders, Communicators and Environmentalists – but these operate poorly adapted to the specific risk profile of environmental defenders, who are exposed on isolated frontiers, targeted by criminal organizations, and often attacked in the very act of producing the evidence the State relies on. The basis to close this gap already exists, as protection of defenders is the fourth pillar of the Escazú Agreement, and the commitment that has proved hardest to operationalise. Closing this gap requires treating defender protection not as a parallel human-rights concern but as an integral component of environmental accountability, and monitoring whether the mechanisms that exist actually reach those most at risk

Remote sensing evidence is a critical tool for civil society to engage with governments, but its admissibility rests on fragile practice rather than firmly established norms. As seen in Chapter II, a great number of CSOs dedicate their efforts to constructing evidence through the monitoring and detection of illegal environmental activities. In all eight countries remote sensing evidence is admitted under general evidentiary rules, but none has enacted a dedicated statutory framework for it. Brazil’s CNJ Resolution 433/2021 is the closest regional analogue to a formal protocol, however, it has come under pressure from PL 2.564/2025, which would bar federal regulators from imposing embargoes on the basis of remote detection alone, and which has been approved by the Chamber of Deputies and is pending before the Federal Senate. The practical consequence is that admissibility remains unpredictable in most contexts, and that state-generated data often carries greater evidentiary weight than the same material generated by civil society.

This is where the relationship between CSOs and the State proves the most decisive. Cases such as the cooperation between the Fundación para la Conservación y el Desarrollo Sostenible and the Fiscalía in Colombia, the participation of Conservacion Amazonica – ACCA to the Sistema Nacional in Peru and the Sinangoe community monitoring model in Ecuador, show that CSO-generated geospatial evidence can be effective at compelling enforcement when a formal channel exists to receive it. Formalising these partnerships, through cooperation agreements and admissibility protocols, is among the highest-return investments available for strengthening the enabling environment.

The recognition, whether by law or by jurisprudence, of the rights of Nature, can significantly widen the scope for legal action from civil society. Where it has taken hold, this framework has widened legal standing, enabled constitutional actions on behalf of nature, and created powerful hooks for international advocacy. Yet recognition without enforcement is insufficient; Colombia’s 2018 Amazon ruling where the Court recognised the Colombian Amazon as a subject of rights entitled to protection, conservation and restoration by the State was historic but the action plans were drawn up under very tight deadlines, coordination across national and territorial entities proved weak, and net deforestation has not been halted; the same happened with Ecuador’s Los Cedros precedent, where the Court clarified that the rights of nature apply across the entire national territory, not only inside protected areas. Even so, extractive and infrastructure pressures continue to test its reach, enforcement of the reparation measures has been uneven, and the broader application of the standard to other concessions has been resisted, so that the strength of the doctrine on paper has not translated into uniform protection on the ground.

Across the Amazon, legislative rollback is threatening to undo the collaboration built over years between civil society and government authorities. In several of the countries studied, legislation is being passed or prepared that either retroactively legalises past environmental harm or narrows the scope for cooperation between CSOs and government agencies acting on Nature crime. Landmark jurisprudence – that recognize the contribution of civil society to the evidentiary process or validate their role as active litigants – can be reversed through such legislative changes. Agribusiness, mining and petroleum interests yield substantial influence over legislators in Amazonian jurisdictions and are often playing an active role in the development of these bills of law.

The recommendations below are addressed in turn to donors, to civil society organisations, and to regional mechanisms, and are organised around the set of enabling conditions reviewed in the report. They are intended as practical priorities rather than an exhaustive programme, and should be read alongside the country-specific recommendations set out in each profile.

For civil society organisations #

  • Advocate for Escazú accession, ratification and implementation across the region. The Escazú framework remains an effective regional normative tool for enabling civil society engagement. Also, implementation monitoring is an important channel for engagement by CSOs, since ratification alone is insufficient and can be eroded by subsequent legislation.

  • Combine administrative, criminal and constitutional routes strategically. The most successful cases in the region deploy several mechanisms at once: an administrative complaint to create an official record, a criminal complaint to trigger investigation, a constitutional action for interim relief, and an international submission to generate accountability pressure.

  • Use rights-of-nature frameworks proactively where they exist. In Bolivia, Ecuador and Colombia, rights-of-nature provisions offer the broadest standing, the most powerful constitutional remedies and the strongest hooks for international advocacy. They remain underused in Bolivia and are under practical pressure in Ecuador, and warrant more deliberate strategic deployment.

For regional cooperation among governments (through IACHR, CCJ, ECLAC/Escazú COP, OTCA) #

  • Develop a regional protocol on remote sensing evidence admissibility. The Escazú COP is well placed for actors to develop a technically grounded protocol on the admissibility of satellite and geospatial evidence in Court. Given that no country in the region has a dedicated statutory framework, such a protocol would have immediate and practical effect on the effectiveness of measures against nature crime.

  • Continue to develop a regional framework for cross-border environmental crime. Illegal gold mining, timber trafficking and the criminal networks behind them operate across borders, while enforcement remains national. Recent efforts such as the creation of public safety commission under ACTO (the CESPIT) and a center for police coordination in the Amazon (CCPI).

  • Monitor compliance of existing rulings. The persistent non-implementation of landmark decisions of regional bodies shows that judicial victories without follow-through deliver little in practice. The IACHR and domestic apex courts should dedicate more sustained attention and resources to monitoring whether their orders are actually carried out.

Annex I. Table of nature crimes3 #

Criminal statutes for illegal deforestation Criminal statutes for illegal logging​ Criminal statutes for illegal gold mining Criminal statutes for pollution of river courses (mercury) Criminal statutes for fire degradation Criminal statutes for violence against environmental defenders
Bolivia

Environmental Law (Law 1,333 of 1992)

Article 103: Carrying out actions that injure, deteriorate, degrade, or destroy the environment or performing acts described in Article 20.

Article 109. Cutting down forests without authorization for purposes other than the domestic use of the landowner, causing damage and degradation to the environment.

Environmental Law (Law 1,333 of 1992)

Article 103: Carrying out actions that injure, deteriorate, degrade, or destroy the environment or performing acts described in Article 20.

Article 111. Inciting, promoting, capturing, possessing, collecting, or transporting animal or plant species or their derivatives without authorization, or those that are declared protected or reserved, thereby endangering their extinction.

Environmental Law (Law 1,333 of 1992)

Article 103: Carrying out actions that injure, deteriorate, degrade, or destroy the environment or performing acts described in Article 20.

Environmental Law (Law 1,333 of 1992)

Article 105: (a) Poisoning contaminating, or adulterating waters intended for public consumption, industrial, agricultural, or fishery use, beyond the permissible limits to be established in the respective regulations.

Article 107. Pouring or discharging untreated wastewater, chemical or biochemical liquids, objects, or waste of any kind into watercourses, riverbanks, aquifers, basins, rivers, lakes, lagoons, or ponds, capable of contaminating or degrading the waters beyond the limits to be established by regulations.

Article 111. Inciting, promoting, capturing, possessing, collecting, or transporting animal or plant species or their derivatives without authorization, or those that are declared protected or reserved, thereby endangering their extinction.

Article 113. Authorizing or allowing the deposit, introduction, or transport into national territory of toxic, hazardous, radioactive, and other waste of external origin, which by their characteristics pose a danger to public health and the environment, transferring or introducing polluting technology not accepted in the country of origin, as well as anyone who carries out the illicit transit of hazardous waste.

Environmental Law (Law 1,333 of 1992)

Article 104. Burning farmland or pasture and causing a fire on another’s property, by negligence or intentionally.

Not found
Brazil

Environmental Crimes Law (Law No. 9,605/1998)

Art. 38: Destroying or damaging a forest considered to be of permanent preservation, even if in information, or use it in violation of the protection standards.

Art. 39: Cutting down trees in a forest considered to be of permanent preservation, without permission from the competent authority.

Art. 50-A: Deforesting, economically exploiting or degrading forest, planted or native, on public domain or vacant lands, without authorization from the competent body.

Decree No. 6,514/2008

Art. 43: Destroy or damage forests or other forms of natural vegetation or use them with Violation of protection standards in an area considered to be of preservation without authorization from the competent body, when required, or in disagreement with the one obtained.

Art. 48: Preventing or hindering the natural regeneration of forests or other forms of native vegetation in conservation units or other specially protected areas, where applicable, preservation area legal reserve or other places whose regeneration has been indicated by the competent environmental authority.

Art. 49: Destroy or damage forests or any type of native vegetation, object of special preservation, not subject to authorization for exploitation or suppression.

Art. 50: Destroying or damaging forests or any type of native vegetation or of planted native species, object of special preservation, without Authorization or license from the competent environmental authority.

Art. 51: Destroy, deforest, damage or exploit forest or any type of native vegetation or native species planted, in an area of legal reserve or forest easement, of public or private domain, without prior authorization from the competent environmental agency or in disagreement with the one granted.

Environmental Crimes Law (Law No. 9,605/1998)

Art. 39: Cutting down trees in a forest considered to be of permanent preservation, without permission from the competent authority.

Art. 46: Receiving or acquiring, for commercial or industrial purposes, wood, firewood, charcoal and other products of plant origin, without requiring the presentation of the seller’s license, granted by the competent authority, and without providing the means that should accompany the Product until final processing.

Art. 49: Destroying, damaging, injuring or mistreating, in any way or by any means, plants of ornamentation of public places or on private property of others.

Art. 50: Destroying or damaging native or planted forests or vegetation that fixes dunes, protector of mangroves, object of special preservation.

Decree No. 6,514/2008

Art. 44: Cutting down trees in an area considered to be of permanent preservation or whose species is specially protected, without permission from the competent authority

Environmental Crimes Law (Law No. 9,605/1998)

Art. 55: Perform research, mining or extraction of mineral resources without the competent authorization, permission, concession or license, or in disagreement with the one obtained.

Decree No. 6,514/2008

Art. 45: Extract from public domain forests or preservation areas without prior authorization, stone, sand, lime or any kind of minerals.

Environmental Crimes Law (Law No. 9,605/1998)

Art. 54: Cause pollution of any kind at such levels as to result or may result in damage to human health, or that cause the death of animals or the Significant destruction of flora.

Art.60. Build, renovate, extend, install or operate in any part of the establishments, works or services that are potentially polluting, without license or authorization from the competent environmental agencies, or contrary to the rules.

Decree No. 6,514/2008

Article 61. Cause pollution of any kind at such levels as to result in or may result in damage to human health, or that cause the death of or the significant destruction of biodiversity.

Environmental Crimes Law (Law No. 9,605/1998)

Art. 41: Provoke fire in forest or other forms of vegetation.

Decree No. 6,514/2008

Art. 58-A: Causing a fire in a forest or any form of native vegetation

Article 58-B: Provoking Cultivated forest fire.

Penal Code

Criminalizes bodily injuries to any person and crimes against individual liberties, regardless of the victim’s occupation or cause. The lack of a protected class and no enhanced punishment are believed to contribute to high impunity.

Decree No. 9,937/2019

Established the Protection Program for Human Rights Defenders, Communicators, and Environmentalists (PPDDH) at the Federal level. The PPDDH provides risk assessment, protective measures (such as relocation, police protection, and legal support), and coordination with law enforcement for individuals at risk due to their work defending human rights and the environment.

Colombia

Environmental Crimes Law (Law 2,111 of 2021)

Article 330: Deforestation – Anyone who, without permission from the competent authority or in breach of existing regulations, cuts down, burns, cuts, uproots or destroys areas equal to or greater than one continuous or discontinuous hectare of natural forest.

Article 330A: Promotion and financing of deforestation – Anyone who promotes, finances, directs, facilitates, provides means, takes economic advantage of or obtains any other benefit from the felling, burning, cutting, uprooting or destruction of areas equal to or greater than one continuous or discontinuous hectare of natural forest.

Article 333: Damage to natural resources and ecocide – Anyone who, in breach of existing regulations, destroys, renders useless, causes disappearance or causes a serious environmental impact or in any other way damages the natural resources referred to in this title or those associated with them.

Not found

Environmental Crimes Law (Law 2,111 of 2021)

Article 332: Illegal exploitation of mining deposits and other materials – Anyone who, without permission from the competent authority or in breach of existing regulations, exploits, explores or extracts mining deposits, or exploits sand, stone material or debris from river beds and banks by means capable of causing serious damage to natural resources or the environment.

Environmental Crimes Law (Law 2,111 of 2021)

Article 333: Damage to natural resources and ecocide – Anyone who, in breach of existing regulations, destroys, renders useless, causes disappearance or causes a serious environmental impact or in any other way damages the natural resources referred to in this title or those associated with them.

Article 334: Environmental Pollution – Anyone who, in violation of existing regulations, contaminates, causes or directly or indirectly carries out emissions, discharges, radiation, noise, deposits or disposals into the air, atmosphere or other components of the airspace, soil, subsoil, surface, maritime or underground waters or other natural resources in such a way that it contaminates or generates a harmful effect on the environment, endangering human health and natural resources.

Article 334A: Environmental pollution due to exploitation of mining or hydrocarbon deposits – Anyone who causes, contaminates or carries out, directly or indirectly, the resources of water, soil, subsoil or atmosphere, on the occasion of the extraction or excavation, exploration, construction and assembly, exploitation, benefit, transformation, transportation of mining or hydrocarbon activity.

Environmental Crimes Law (Law 2,111 of 2021)

Article 333: Damage to natural resources and ecocide – Anyone who, in breach of existing regulations, destroys, renders useless, causes disappearance or causes a serious environmental impact or in any other way damages the natural resources referred to in this title or those associated with them.

Penal Code (Law 599 of 2000)

Articles 103 and 104: Ordinary Homicide and Aggravated Homicide, respectively. Ordinary homicide, defined as the intentional killing of another person. Aggravated Homicide, an intentional killing for profit, with cruelty, or with premeditation.

Article 347: threats (Amenazas), and criminalizes threats made to another person with the intention of causing fear or anxiety about potential harm to their person, property, or family.

Article 348: aggravated threats, where the threat is intended to force the victim to do, tolerate, or refrain from doing something.

Ecuador

Forestry and Conservation of Natural Areas and Wildlife Law (1981, amended in 2002)

Art. 78: Whoever prunes, tails, debarks, destroys, alters, transforms, acquires, transports, markets, or uses the forests of mangrove areas without the corresponding contract, license or authorization, or that, having them, exceeds what is authorized, will be sanctioned.

Criminal Code

Forestry and Conservation of Natural Areas and Wildlife Law (1981, amended in 2002)

Art. 82: Whoever transports wood, wood forest products or wildlife products without adhering to the rules of the Act will receive a fine and have any proceeds confiscated.

Criminal Code

Invasion of Ecologically Important Areas (Art. 245): Any person who invades the areas of the National System of Protected Areas or Fragile Ecosystems shall be punished with imprisonment.

Criminal Code

Offenses against land (Art. 252): Any person who, in contravention of current regulations, changes the use of forest land or land intended for the maintenance and conservation of native ecosystems and their ecological functions, affects or damages their fertile layer; causes erosion or desertification, causing serious damage shall be punished with imprisonment.

Falsehood or concealment of environmental information (Art. 255): The person who issues or provides false information or hides information that is of support for the issuance and granting of environmental permits, environmental impact studies, environmental audits and diagnoses, permits or licenses for forest harvesting, those who cause the commission of an error by the environmental authority shall be punished with imprisonment.

Criminal Code

Offenses against water (Art. 251): Any person who, contrary to current regulations, contaminates, desires or alters the bodies of water, slopes, sources, ecological flows, natural waters outcropped or groundwater of the river basins and in general the hydrobiological resources or carries out discharges into the sea causing serious damage shall be punished with imprisonment.

Forestry and Conservation of Natural Areas and Wildlife Law (1981, amended in 2002)

Art. 78: If felling, burning or destructive action is carried out in mangroves or if it alters the climate regime, causes erosion, or is prone to disasters, it will be sanctioned.

Criminal Code

Forest and vegetation fires (Art. 246): Any person who directly or indirectly causes fires or instigates the commission of such acts, in native or planted forests or moors, shall be punished with imprisonment.

Prohibited or unauthorized management of products, waste, waste or dangerous substances (Art. 254): The person who, contrary to the provisions of current regulations, develops, produces, has, disposes, burn, market, introduce, import, transport, stores, deposits or uses products, waste, wastes and chemical or dangerous substances, and with this cause serious damage to biodiversity and natural resources, shall be punished with imprisonment.

Criminal Code

Art. 140: Murder.

Art. 141: Femicide – Any person who, as a result of power relations manifested in any kind of violence, kills a woman because of her being so or because of her gender status.

Art. 144: Homicide – A person who kills another person.

Art. 145: Wrongful Murder – A person who by fault kills another.

Art. 151: Torture – Any person who inflicts or orders the infliction of severe pain or suffering on another person , whether of a physical or mental nature, or subjecting him to conditions or methods that nullify his personality or diminish his physical or mental capacity, even if they do not cause physical or mental pain or suffering.

Art. 152: Injuries – A person who injures another person.

Art. 154: Intimidation – Any person who threatens or intimidates another with causing harm that constitutes a crime to him, to his family, to persons with whom he is intimately linked, provided that, by background, it appears credible that the fact is consummated.

Art. 161: Kidnapping – Any person who deprives of liberty, detains, hides, seizes or transfers one or more persons to a different place, against his will.

Guyana

Forests Act 2009

Section 36: prohibits the removal forest produce from state forests without a permit.

Forests Act 2009

Section 36: prohibits the removal forest produce from state forests without a permit.

The Mining Act (Cap. 65:01, 1989, as amended)

Removal of materials from mining area without permission.

Environmental Protection Act (Cap. 20:05, 1996)

Discharging effluent (for the purposes of the Act “effluent” refers to liquid waste or sewage discharged into the environment from industrial, mining or other premises.

Causing material environmental harm by polluting the environment intentionally or recklessly and with the knowledge that material environmental harm will or might result.

Failure to comply with required record keeping under the act (e.g. for contaminant releases).

Forests Act 2009

Section 24: prohibits the setting of fires in any state forest

Section 27: duty to reports fires in state forests.

Section 28: duty to put out fires in state forests or fire protection areas.

Criminal Law (Offences) Act (Cap. 8:01)

Section 100: Murder.

Criminalizes and provides penalties for acts of violence, threats, assault, and homicide, which would include under these provisions threats or violent acts against environmental activists.

Peru

Penal Code (Legislative Decree No. 635)

Article 310. Offenses Against Forests or Wooded Areas: Any person who, without a permit, license, authorization, or concession granted by a competent authority, destroys, burns, damages, or cuts down, in whole or in part, forests or other wooded areas, whether natural or planted.

Article 310-C. Aggravated Forms: In the cases provided for in Articles 310, 310-A, and 310-B, the sentence of imprisonment shall be no less than eight years and no more than ten years, under any of the following circumstances: 1. If the crime is committed on lands owned or possessed by native communities, peasant communities, indigenous peoples, or indigenous reserves; or on territorial reserves or indigenous reserves designated for indigenous peoples in initial contact or voluntary isolation, protected natural areas, restricted zones, forest concessions, or private conservation areas duly recognized by the competent authority. 2. If, as a result of the conduct described in the relevant articles, water sources supplying water to populated areas or irrigation systems are affected, or soil erosion occurs, thereby endangering local economic activities. 3. If the perpetrator or participant is a public official or civil servant. 4. If the offense is committed with respect to specimens that have been marked for research purposes or have been set aside as seed stocks. 5. If the crime is committed using weapons, explosives, or similar items. 6. If the crime is committed with the participation of two or more persons. 7. If the offense is committed by holders of forest concessions. 8. If the crime involves timber products or specimens protected by national law. The term of imprisonment shall be no less than ten years and no more than twelve years when: 1. The perpetrator acts as a member of a criminal organization. 2. The perpetrator causes serious injury or death during the commission of the criminal act or as a result of such act. 3. If the criminal act is committed for the purpose of committing tax, customs, or money laundering offenses. 4. Finances or facilitates the commission of these crimes.

Article 313.–Alteration of the Environment or Landscape: Anyone who, in violation of the provisions of the competent authority, alters the natural environment or the urban or rural landscape, or alters the flora or fauna, through the construction of structures or the felling of trees, shall be punished with imprisonment for no more than four years and a fine of sixty to ninety days.

Penal Code (Legislative Decree No. 635)

Article 310-A. Illegal Trafficking in Timber Products: Any person who acquires, collects, stores, processes, transports, conceals, possesses, markets, ships, unloads, imports, exports, or re-exports timber products or specimens, knowing or having reason to believe that they are of illicit origin, shall be punished with imprisonment for a term of not less than four years nor more than seven years and a fine of one hundred to six hundred days.

Article 310-C. Aggravated Forms: In the cases provided for in Articles 310, 310-A, and 310-B, the sentence of imprisonment shall be no less than eight years and no more than ten years, under any of the following circumstances: 1. If the crime is committed on lands owned or possessed by native communities, peasant communities, indigenous peoples, or indigenous reserves; or on territorial reserves or indigenous reserves designated for indigenous peoples in initial contact or voluntary isolation, protected natural areas, restricted zones, forest concessions, or private conservation areas duly recognized by the competent authority. 2. If, as a result of the conduct described in the relevant articles, water sources supplying water to populated areas or irrigation systems are affected, or soil erosion occurs, thereby endangering local economic activities. 3. If the perpetrator or participant is a public official or civil servant. 4. If the offense is committed with respect to specimens that have been marked for research purposes or have been set aside as seed stocks. 5. If the crime is committed using weapons, explosives, or similar items. 6. If the crime is committed with the participation of two or more persons. 7. If the offense is committed by holders of forest concessions. 8. If the crime involves timber products or specimens protected by national law.

The term of imprisonment shall be no less than ten years and no more than twelve years when: 1. The perpetrator acts as a member of a criminal organization. 2. The perpetrator causes serious injury or death during the commission of the criminal act or as a result of such act. 3. If the criminal act is committed for the purpose of committing tax, customs, or money laundering offenses. 4. Finances or facilitates the commission of these crimes.

Penal Code (Legislative Decree No. 635)

Article 307-A. The crime of illegal mining: Any person who engages in exploration, extraction, exploitation, or other similar activities involving mineral resources—whether metallic or non-metallic—without authorization from the competent administrative authority, and who thereby causes or is likely to cause harm, disruption, or damage to the environment or its components, environmental quality, or environmental health.

If the perpetrator acted through negligence, the penalty shall be imprisonment for no more than three years or community service for forty to eighty days.

Article 307-B. Aggravated Forms: The penalty shall be imprisonment for no less than eight years and no more than ten years, along with a fine of three hundred to one thousand days, when the offense provided for in the preceding article is committed in any of the following circumstances: 1. In areas where mining activities are not permitted. 2. In protected natural areas, or on lands belonging to native, peasant, or indigenous communities. 3. Using dredges, devices, or other similar tools. 4. If the perpetrator uses instruments or objects capable of endangering the life, health, or property of persons. 5. If irrigation systems or water intended for human consumption are affected. 6. If the perpetrator takes advantage of their status as a public official or civil servant. 7. If the perpetrator uses minors or other persons not criminally liable to commit the crime .

Article 307-C. Offense of Financing Illegal Mining: Anyone who finances the commission of the crimes provided for in Articles 307-A or their aggravated forms shall be punished with imprisonment for a term of not less than four years nor more than twelve years and a fine of one hundred to six hundred days.

Article 307-D. Offense of Obstructing Administrative Oversight: Any person who obstructs or impedes the administrative authority’s activities of assessment, control, and oversight related to illegal mining shall be punished by imprisonment for a term of not less than four years nor more than eight years.

Article 307-E. Illegal trafficking of chemical supplies and machinery intended for illegal mining: Any person who, in violation of laws and regulations, acquires, sells, distributes, markets, transports, imports, possesses, or stores chemical supplies with the intent to use such goods in the commission of crimes related to illegal mining shall be punished by imprisonment for a term of not less than three years nor more than six years and a fine of one hundred to six hundred days.

Anyone who acquires, sells, leases, transfers, or assigns for use under any title, distributes, markets, transports, imports, possesses, or stores machinery, knowing that it will be used to commit the crimes of illegal mining, shall be punished with imprisonment for a term of not less than three years nor more than six years and a fine of one hundred to six hundred days.

Article 307-F. Disqualification: Any person who commits the offenses set forth in sections 307-A, 307-B, 307-C, 307-D, and 307-E shall also be punished, in accordance with Article 36, paragraph 4, with disqualification from obtaining, in their own name or through third parties, mining concessions, general work concessions, processing concessions, or transportation concessions for metallic or non-metallic minerals, as well as from marketing such minerals, for a period equal to that of the principal penalty.

Penal Code (Legislative Decree No. 635)

Article 304.– Environmental pollution: Any person who, in violation of laws, regulations, or permissible limits, causes or releases discharges, emissions, toxic gas emissions, noise emissions, leaks, spills, or radioactive contamination into the atmosphere, soil, the subsoil, or in surface, marine, or groundwater, thereby causing or likely to cause harm, disruption, or serious damage to the environment or its components, environmental quality, or environmental health, as determined by the environmental authority, shall be punished by imprisonment for a term of not less than four years nor more than six years and a fine of one hundred to six hundred days.

If the perpetrator acted through negligence, the penalty shall be imprisonment for no more than three years or community service for forty to eighty days.

Art. 305.–Aggravated forms: The prison sentence shall be no less than four years and no more than seven years, along with a fine of three hundred to one thousand days, if the perpetrator commits any of the following acts: 1. Falsifies or conceals information regarding the polluting incident, or the quantity or quality of the discharges, emissions, leaks, spills, or radioactive emissions referred to in Article 304, from the competent authority or the institution authorized to conduct environmental inspections or audits. 2. Obstructs or impedes the inspection or audit activities ordered by the competent administrative authority. 3. Operates clandestinely in the course of their business.

If serious injury or death results from the polluting activity, the penalty shall be: 1. Imprisonment for not less than five years nor more than eight years and a fine of six hundred to one thousand days, in the case of serious injury. 2. Imprisonment for a term of not less than six years nor more than ten years and a fine of seven hundred fifty to three thousand five hundred days, in the event of death.

Penal Code (Legislative Decree No. 635)

Article 310. Offenses Against Forests or Wooded Areas: Any person who, without a permit, license, authorization, or concession granted by a competent authority, destroys, burns, damages, or cuts down, in whole or in part, forests or other wooded areas, whether natural or planted.

Article 310-A. Illegal Trafficking in Timber Products: Any person who acquires, collects, stores, processes, transports, conceals, possesses, markets, ships, unloads, imports, exports, or re-exports timber products or specimens, knowing or having reason to believe that they are of illicit origin, shall be punished with imprisonment for a term of not less than four years nor more than seven years and a fine of one hundred to six hundred days.

Article 310-C. Aggravated Forms: In the cases provided for in Articles 310, 310-A, and 310-B, the sentence of imprisonment shall be no less than eight years and no more than ten years, under any of the following circumstances: 1. If the crime is committed on lands owned or possessed by native communities, peasant communities, indigenous peoples, or indigenous reserves; or on territorial reserves or indigenous reserves designated for indigenous peoples in initial contact or voluntary isolation, protected natural areas, restricted zones, forest concessions, or private conservation areas duly recognized by the competent authority. 2. If, as a result of the conduct described in the relevant articles, water sources supplying water to populated areas or irrigation systems are affected, or soil erosion occurs, thereby endangering local economic activities. 3. If the perpetrator or participant is a public official or civil servant. 4. If the offense is committed with respect to specimens that have been marked for research purposes or have been set aside as seed stocks. 5. If the crime is committed using weapons, explosives, or similar items. 6. If the crime is committed with the participation of two or more persons. 7. If the offense is committed by holders of forest concessions. 8. If the crime involves timber products or specimens protected by national law.

The term of imprisonment shall be no less than ten years and no more than twelve years when: 1. The perpetrator acts as a member of a criminal organization. 2. The perpetrator causes serious injury or death during the commission of the criminal act or as a result of such act. 3. If the criminal act is committed for the purpose of committing tax, customs, or money laundering offenses. 4. Finances or facilitates the commission of these crimes.

Supreme Decree No. 004-2021-JUS

– Establishes the Intersectoral Mechanism for the Protection of Human Rights Defenders, which involves the Ministry of the Environment and the Ministry of Energy and Mines, among other ministries

Suriname

Forest Management Act 1992

Art. 52: An imprisonment not exceeding three months or a fine not exceeding one hundred and fifty thousand guilders will be imposed on:

a) he who, without being authorised to do so, fells trees on state land and/or removes cultivation and/or harvest forest by-products or orders this to be done.

b) he who, contrary to the provisions of Article 47, operates a wood-processing industry without being in the possession of a valid licence as referred to in that article.

c) he who violates or fails to observe any other provision prescribed in, or by virtue of, this Act and which has not already been made punishable by virtue of any other legal provision.

Nature Conservation Act 1954

Art. 5: It is prohibited in a nature reserve:

a) to intentionally or negligently cause damage to the soil, natural beauty, fauna, flora, or to perform actions that diminish the value of the reserve as such;

b) to camp, make fires, cut wood, or produce charcoal, unless with written permission obtained from the Head of the State Forestry Service and in compliance with the conditions set forth therein.

Environmental Framework Act 2020

Art. 48(3): Intentional violation of environmental provisions listed in Art. 47(1) (incl. the Act and mining, forestry, nature protection, water, fisheries, planning, public health/hygiene laws), committing offenses specified in Arts. 59 (evasion of enforcement), 60 (civil nullity of avoidance acts), 68 (criminal procedures or lawful orders), or deliberate non-compliance with NMA directives for sustainable development or environmental hygiene.

Environmental Framework Act 2020

Art. 48(1): Intentional pollution, depletion, or degradation of the environment or environmental quality.

Art. 48(2): Pollution, depletion, or degradation of the environment or environmental quality by negligence.

Not found

Criminal Code

This is the primary law addressing acts of violence, threats, assault, murder, and related crimes against any individual, including environmental activists and defenders.

Environmental Framework Act 2020

While the Act does not specifically mention activists or defenders, it includes provisions for public participation, transparency, and access to justice in environmental matters.

Venezuela

Environmental Penal Law (2012)

Art. 38: Any natural or legal person who causes degradation or harmful alteration of the topography or landscape through mining, industrial, technological, forestry, urban planning, or any other type of activities, in violation of land use plans and the technical standards governing the matter.

Art. 40: Any natural or legal person who illegally occupies protected natural areas, or who engages in commercial or industrial activities in such areas, or carries out agricultural, pastoral, or forestry work, or alters or destroys flora or vegetation, in violation of the relevant regulations.

Art. 69: A natural or legal person who illegally deforests, cuts down, clears, or destroys vegetation where there are watersheds that supply water to populations, even if it belongs to private individuals.

Environmental Penal Law (2012)

A natural or legal person who carries out activities to access genetic resources without the corresponding authorization.

Environmental Penal Law (2012)

Art. 35: A natural or legal person who omits necessary information or produces or presents false or adulterated information to obtain authorization documents.

Art. 38: Any natural or legal person who causes degradation or harmful alteration of the topography or landscape through mining, industrial, technological, forestry, urban planning, or any other type of activities, in violation of land use plans and the technical standards governing the matter.

Art. 90: A natural or legal person who, without authorization or in violation of the technical standards governing the matter, constructs works or uses facilities capable of causing serious pollution of the river, lake, marine, or coastal environment.

Environmental Penal Law (2012)

Art. 56: Any natural or legal person who modifies the water control system or runoff, obstructs the flow or natural bed of rivers, or causes sedimentation in violation of current technical standards and without the corresponding authorization.

Art. 85: Any natural or legal person who performs work that may cause damage, contamination, or alteration of groundwater or mineral water sources.

Any natural or legal person who discharges wastewater, effluents, products, substances, or non-biodegradable materials or waste of any kind into the marine, river, lake, or coastal environment in violation of current technical standards, containing pollutants or elements harmful to human health or to the marine, river, lake, or coastal environment.

Decree No. 2,412 (August 2016)

This decree bans the use of mercury within the process of obtaining gold and other non-metallic minerals.

Environmental Penal Law (2012)

Art. 64: Any natural or legal person who sets fire to rural estates, plantations, pastures, or breeding savannas.

Art. 65: Any natural or legal person who sets fire to jungles, forests, savannas, or any area covered by natural vegetation.

Art. 68: Natural or legal persons who carry out or order authorized burning and are responsible for the spread of fire due to their failure to implement the precautions mandated in the permits and regulations in force.

Not found

Notes #

  1. Bolivia: ratified in 2019; Ecuador: ratified in 2020; Guyana: ratified in 2019; Colombia: ratified in 2024; Brazil: signed in 2018, but did not ratify; Peru: signed in 2018, but did not ratify; Suriname: never signed; Venezuela: never signed.

  2. CIVICUS Monitor: https://monitor.civicus.org/about/how-it-works/methodology/ .

  3. This material was developed by International Lawyers Project.