Peru Penal Code Amendment: Ecocide

Summary

On November 27th, the Justice and Human Rights Commission of the Congress of the Republic of Peru approved a motion to criminalize ecocide and incorporate it into the Penal Code. The Justice and Human Rights Commission’s approval is a significant step toward criminalizing ecocide in Peru, but it still requires plenary approval by Congress and presidential promulgation to become law.

The ruling was approved with 14 votes in favor, 5 against, and 2 abstentions, and corresponds to bills 7866/2023-CR, 7941/2023-CR, and 8274/2023-CR, which propose to amend the Penal Code, Legislative Decree 635, and Law 30424 to classify the crime of ecocide.

The proposal incorporates article 305-A into the Penal Code, which specifies the crime of ecocide and indicates that if a person knowingly causes, carries out or omits acts that cause serious, extensive or irreversible damage to the environment or its components, to environmental quality or health or to the integrity of ecological processes, they will be punished with a prison sentence of not less than 10 nor more than 15 years, with 365 to 730 days of fines and disqualification in accordance with article 36, paragraphs 1, 2, 3, 4.

It specifies that serious damage is that which causes adverse changes, disturbances or significant damage to the atmosphere, soil, subsoil or terrestrial, marine or groundwater, including serious impacts on human, animal and plant life, natural, cultural or economic resources, and “Extensive damage (is) that which extends beyond a limited geographic area, crosses state borders, or affects the entire ecosystem or the entire species.” It also indicates that irreversible damage can only be mitigated through natural recovery processes over a prolonged period.