UN states agree to negotiate a protocol on environmental crimes

What you need to know

• The resolution was adopted on 23 October by 83 votes in favour, 12 against and 27 abstentions. Three proposed amendments failed to pass. The vote records agreement to proceed with negotiations, alongside differences among states over the proposal. 21
• An ad hoc committee is to elaborate the proposed protocol through four negotiating sessions, each of up to 10 days. The resolution calls for a draft to be presented to the next conference of the parties in 2028, if possible. 23
• The resolution names illicit trafficking in wild fauna and flora, including timber and timber products; illegal mining and illicit trafficking in minerals and precious metals; and illicit trafficking in waste. These are the specified areas for the negotiations. 21
• Any new provisions are to remain within UNTOC’s scope, respect states’ sovereignty over natural resources and avoid duplicating existing instruments. States raised concerns about the need for a new protocol, its definitions and breadth, sovereignty, existing law and the additional cost. 21
• The resolution estimates additional resource requirements of US$1.3 million for 2027 and US$1.1 million for 2028, before additional staff-assessment costs. These figures relate to the proposed process, not an established enforcement programme. 12

Why this matters

The proposed protocol could provide a framework for addressing cross-border environmental crime and cooperation, but those are potential benefits rather than demonstrated outcomes. Its eventual scope will determine whether activities beyond those explicitly listed are covered. 562

What happens next

The ad hoc committee is expected to negotiate the text in four sessions, with a draft intended for COP14 in 2028 if possible. Negotiators must settle its offences, definitions and cooperation duties; any eventual protocol would bind only states that ratify it. 25

What we know

• The decision authorises negotiations for an additional protocol under UNTOC, rather than adopting a completed treaty. 245
• The resolution’s stated scope includes trafficking in wildlife and forest products, minerals and precious metals, and waste, as well as illegal mining. 236
• The resolution does not itself create new criminal offences. The protocol’s provisions must still be negotiated. 25
• The resolution includes estimates for additional resources needed in 2027 and 2028, with extra staff-assessment costs not included in those figures. 12

What we don't know

• The negotiating text has not been agreed. The specific offences, definitions and cooperation duties that it will contain remain open questions. 25
• It is not yet clear whether negotiators will address activities not explicitly listed in the resolution, including illegal fishing and trafficking in climate-damaging gases. 62
• The reporting identifies the role of Indigenous Peoples and local communities in shaping the negotiations and final text as an unresolved question. 25
• The eventual number of ratifying states, and how they would resource and enforce any protocol, are not yet known. 52

Read the reporting

This WildNews briefing synthesises and summarises reporting from the sources below. WildNews did not produce the original reporting. Learn more about how we use AI