France Climate and Resilience Law 2021: ecocide

Summary

On 22 August 2021, the Climate and Resilience Act (Law No. 2021-1104) was adopted by the National Assembly of France, which introduced provisions on ecocide in the legal code, as well as regulations on emissions and consumption, including banning domestic flights where train alternatives exist, restricting high-emission vehicles, and phasing out renting for low-energy performance buildings.

Citizens’ Convention for Climate
The law is based on proposals from the Citizens’ Convention on Climate in 2020, launched by the French President. The Citizens’ Convention is a democratic experiment that aimed to give citizens a voice in France’s ecological transition and the fight against climate change. 150 citizens were randomly selected to work for nine months under the leadership of the Minister for Ecological Transition to propose concrete measures to reduce greenhouse gas emissions by at least 40% by 2030 (compared to 1990) in a spirit of social justice. The French President pledged that these legislative and regulatory proposals will be submitted “without filtering” either to a referendum, to a vote in parliament, or to direct regulatory application.

The proposals derived from this Convention were incorporated into this bill submitted in February 2021. Although the bill includes a number of ‘ecocide-like’ provisions that criminalize environmental damages, the law did not codify the full scope envisaged by the Citizens’ Climate Assembly, which campaigned for a strict categorization of ecocide as a “crime”.

GENERAL HARM TO PHYSICAL ENVIRONMENTS (machine translated)
“The act of emitting into the air, or of dumping, discharging, or allowing to flow into surface waters, groundwater, or seawater within territorial limits—whether directly or indirectly—one or more substances whose action or reactions cause serious and lasting harmful effects on health, flora, or fauna…or serious alterations to the normal water supply regime, committed in manifest and deliberate violation of a specific duty of care or safety prescribed by law or regulation.” (Article. L. 230-1). Harmful effects are considered “lasting” if they are likely to persist for at least ten years. The offenses provided constitute ecocide when the acts are committed intentionally and when committed with knowledge of the serious and lasting nature of the damage to health, flora, fauna, or the quality of air, water, or soil that is likely to be caused by the acts (Article. L. 230-3).

Article 296 dictates that the government is obliged to report back to parliament within one year on its actions promoting the recognition of ecocide as a crime which can be tried by international criminal courts.

Impact Statement

Analysis

Members of the Citizen’s Convention have expressed that the government did not translate their advice into law well.

Marion Jousseaume | Centre for European Policy Network:
Various bodies are highly critical of the the French Climate and Resilience Law, with many contending the measures contained in the law are largely insufficient to contribute to the EU 2030 climate target. The law’s lack of ambition has been severely criticized, with critics noting that the law was neither up to the ambitions of the Convention, nor capable of enabling France to reach its 40% target. Particularly, measures to increase renewable energy and reduce emissions in the transport and building sectors, where France is furthest behind in meeting its 2030 targets – remain limited. – Marion Jousseaume | Centre for European Policy Network

Involved Organizations