Peru Ecocide Law

Summary

On 27 November 2024, the Justice and Human Rights Commission of the Congress of the Republic of Peru passed a motion on criminalizing ecocide and incorporating it into national law. The motion corresponds to three bills: 7866/2023-CR, 7941/2023-CR, and 8274/2023-CR that propose to classify the crime of ecocide in the country’s Penal Code, Legislative Decree 635, and Law 30424. The ruling was approved with 14 votes in favor, 5 against, and 2 abstentions.

The Justice and Human Rights Commission’s approval is a step toward criminalizing ecocide in Peru, but it still requires plenary approval by Congress and presidential promulgation in order to become law.

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.