Criminal Environmental Law as a Conservation Tool in Galapagos

SSCS Galapagos Director Alex Cornelissen (left) and Attorney General Dr. Washington Pesantez at the Criminal Environmental Law conference organized by Sea Shepherd, May, 2010

Like Whale Wars in the Antarctic and Operation Blue Rage in the Mediterranean, Sea Shepherd is getting ready for a legal battle against poaching, shark fining, smuggling and activities involving other forms of illegal fishing, that have been detected by the authorities in the Galapagos Marine Reserve (GMR).

Based upon the United Nations World Charter for Nature, the Constitution of the Republic of Ecuador, the Special Law of Galapagos, and the Penal Code of Ecuador, we will use all legal weapons at our disposal within the Ecuadorian law to get maximum penalties for those convicted for environmental crimes.

Our mission is ultimately to get environmental criminals behind bars. It is, however, not an easy nor a simple task as in Galapagos NOBODY has EVER been convicted for environmental crimes, despite the fact that legislation against environmental crimes was introduced 12 years ago. Problems lie with the judicial apparatus and with procedural law. Not all lawyers, prosecutors, and judges are skilled in environmental issues. Procedural law does not help either, as it includes certain options, such as bail, available to those violating environmental laws. Once released, the suspects often disappear from the islands, leaving the penal cases suspended.

Administrative sanctions, although applied, have not prevented lawbreakers from continuing and even returning to the GMR for their illegal activities. This is why criminal environmental law must be further considered as a tool for conservation in Galapagos. The damages to the islands and the GMR are enormous, and unless something is done to halt this, Galapagos will loose its magic within decades.

With the help of a renowned Ecuadorian lawyer, we are working on getting better implementation of existing environmental laws. We will provide feedback to Ecuadorian legislators to improve existing laws in such a way that there will be better possibilities to effectively prosecute environmental crimes. At the same time, we will work towards getting (inter) national attention for the problems we are presently facing in Galapagos. Our project will put great pressure on local authorities to properly enforce environmental criminal law. Therefore, we are also starting up workshops to educate on environmental law.

Based upon the innovative Ecuadorian constitutional recognition of rights for nature, and in recognition of the UN World Charter for Nature, we will access the judicial system. We will do so by filing reports of illegal activities to the legal authorities, demanding hearings, and even acting as procedural parties by filing accusations (claims). We will do this on behalf of all marine life and against those who don’t seem to understand that the Galapagos and its marine reserve are PROTECTED AREAS under Ecuadorian law and a World Natural Heritage Site We will eventually become legal prosecutors (acusadores particulares) of the people that break the laws in place to protect the Galapagos Marine Reserve.

A famous Spanish poem by Antonio Machado says: ¨Caminante no hay camino, se hace camino al andar .¨ Loosely translated this means: walk in places where there are no roads and your footsteps will create the road. In 2010, Sea Shepherd will make history by being the very first organization ever accessing the judicial system to apply criminal environmental laws as a tool for conservation in Galapagos.

Conference: Criminal Environmental Law as a Conservation Tool in Galapagos and the Region

Sea Shepherd organized a conference titled Criminal Environmental Law as a Conservation Tool
in Galapagos and the Region on May 5-7, 2010, in Puerto Ayora, Santa Cruz Island. During the
conference, the Attorney General of Ecuador, Dr. Washingon Pesantez, announced the designation
of the first-ever prosecutor specialized in environmental law for the province of Galapagos.

Read: New Environmental Prosecutor For Galapagos