CRIMES AGAINST THE ENVIRONMENT (REFERENCE TO RHINO POACHING)
1. INTRODUCTION
Ruthless companies and individuals are destroying “Mother Nature” at such a rate that existing laws,
prevention strategies and punishments are not enough to save her
Examples of environmental crimes include, but not limited to, illegal dumping of hazardous waste,
pollution in all forms (noise, water, air), deforestation, illegal deep-sea fishing, smuggling of ivory &
illegal property developments
Crimes against the environment forms part of the manmade risk in society
These manmade risks, like pollution and global warming, will lead to external risks
External risks are uncontrollable by man & defined by nature = thus manmade risks of pollution &
global warming will cause external risks like floods & earthquakes that man cannot prevent or control
Environmental crime can harm our health by contributing to diseases like cancer & asthma; it destroys
our natural resources, habitats & biodiversity
Criminalisation & regulation of trading wildlife over national boundaries occurred in 20th century
In 1993, 80 countries met in Washington DC to sign Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES)
Came into force on 1 July 1995 and currently involve 176 parties
The main goal of CITES is to make sure that the international trade in a variety of wild animals & plants
does not threaten their continuation
Unfortunately these crimes are not taken as serious as they should & people are not being punished as
harshly as the crimes they commit
2. DEFINING KEY CONCEPTS
Green criminology: defined as a framework of intellectual, empirical and political orientations toward
primary/secondary harms, offences & crimes that impact in a damaging way on natural environment,
diverse species (human & non-human) & planet – term functions as an umbrella category
White argued that „environmental criminology‟ could be reclaimed as „place-based criminology‟ to
cover the study of environmental harms/threats, environmental legislation & related research activity”
Eco crime: by Walters as helpful/capable of encapsulating “existing legal definitions of environmental
crime & sociological analyses of those environmental harms not necessarily specified by law”
He stated that eco crime extends existing definitions of environmental crime to include licensed/lawful
acts of ecological degradation committed by states and corporations
3. TYPES OF ENVIRONMENTAL CRIME
There are 4 types of eco crimes: Green environment crimes involve crimes against fauna & flora
This includes all illegal poaching (ex. Rhino horns) and illegal hunting (case of Cecile the tame lion
who was hunted & shot recently), illegal bush meat (ex. Gorilla meat & canned Lion), illegal Abalone
& Shark Fins, and illegal Cyclads (no licence)
A new law states that lions must roam for 2 years before hunted to allow them the chance to fight for
their survival, they cannot be confined & shot in a cage
Acquiring shark fins can be done in very cruel ways – sometimes they lure the shark until it is close
enough & then chop of its fin leaving the shark in the water where is usually dies within 3 days
Aesthetic environment crimes are any visual, olfactory, or sensory crimes for ex. vandalism, odour or
vibration (can be cause by over exploitation, overuse or land management)
Brown environment crimes include air, water & soil pollution (ex. water pollution from squatters, fracking
and mines) & other environmental crimes by informal/rural inhabitants & hazardous substances/radiation
, 2500 tons of hazardous chemical waste is being disposed into landfills every year
1 AA battery can pollute up to 500 litres of water & 1 cubic meter of land for 50 years
Social/Built environment crimes include damaging cultural monuments, sacred sites & archaeological
sites
4. PROBLEM STATEMENT
“Mother nature is being destroyed by ruthless companies & individuals. She cannot defend herself &
existing laws, prevention strategies & punishments are insufficient”
Environmental crimes have always been seen as the “stepchild” of the legal/judicial system as not
much attention has been given to these crimes
Historically prosecutions related to „Green‟ offences have historically only led to a slap on the wrist
where the punishment does not fit the crime – they are more lenient
In most cases, it is difficult to establish criminal liability because of various criminal networks
involved in these crimes
Penalties for severe environmental crimes often not serious to scare individuals/companies and
consist of R50 000 fines/2 years imprisonment
Regularly subordinate employees will take fall for the crime, as they‟re promised excellent benefits
for doing so (Classical school of Criminology explains well = individual will try to avoid pain/seek pleasure)
Corrupt officials also problem in SA/worldwide = take bribes & ignore the criminal act taking place
Ayling stated that some illegal trade could not be conducted without corrupt officials who bend the
rules for financial gain or other benefits
Heightened awareness: due to media reporting on full spectrum of environmental media
Ex. coal mining in Mpumalanga where the water too polluted for irrigation; global warming, “fracking”, rain forest
exhaustion, rhino poaching, dog trafficking for dog fighting, illegal developments (where proper impact studies
have not been done), trade in illegal species such as cycads, chameleons & exotic snakes where permits are
needed, pollution as in air, environment & water, etc.
The increase of awareness of eco crimes also due to
International treaties, conventions and protocols
Including CITES (Convention on International Trade in Endangered Species), Nuclear conventions
and CFC‟s that look at issues of global warming & greenhouse gasses
Environmental legislation at a National level
The constitution; NEMA (National Environmental Management Act, 107 of 1998); Environmental
Conservation Act; Nuclear Act & National Nuclear Regulator Act; Acts on forestry, agricultural
resources, hazardous substances, marine life, the seashore, air pollution, water, minerals and
petroleum resources (just to name a few)
Introduction of “Green scorpions” that take on role of Environmental Management Inspectors (EMIs)
Function as officials from various national/provincial/municipal government departments
designated by Minister/MEC to monitor compliance with & enforce national environment legislation
The NEMA Act confers a wide range of powers to EMIs like the investigation of environmental acts
Introduction of special courts
Endeavours by the Department of Environmental Affairs and Tourism
5. NATURE & EXTENT OF ECO CRIMES: EXAMPLE OF RHINO POACHING USED
Unfortunately, there are vast amounts of crimes being committed against the environment, but I will
focus on illegal rhino poaching and deforestation
After devastating slaughter of African elephants in 1970s/80s, CITES banned trade in ivory (1989)
Some countries however have done little to enforce this ban
Zimbabwe prior president (Mugabe) announced permission to capture & consume any animal you
desired without legislative permission, just as long as you support the government
