By
Javier Surasky
Democracy
is a way of life under strain from growing public distrust. Protecting the
environment is an urgent, widespread demand that often clashes with
governments’ short-term priorities in a world driven by economic growth.
Meanwhile, civil society faces increasing barriers to participating in
national, regional, and global public debates and institutions. But what
happens when democracy, environmental protection, and civil society come
together?
On April 1,
2025, a bill to add a
new chapter on “crimes against the environment” to Argentina’s penal code, comprising 29
articles, was introduced in Congress. This move comes at a time when Argentina
is led by a president who denies climate change and has targeted the 2030
Agenda as an adversary.
It’s the
democratic process, despite how weakened it could be in Argentina right now, that
makes this step possible, something unthinkable under any other form of
government.
Though
overshadowed by issues like crime or the economy in a country marked by
instability, public concern about the climate is notably high. According to a survey by the
European Investment Bank conducted in 2023-2024 in Argentina:
- 85% of respondents say climate
change affects their daily lives, with 42% feeling it impacts them “a
great deal.”
- 83% support stronger government
measures to protect the environment.
- 60% believe climate action
policies will drive economic growth and wealth; the same percentage thinks
these policies will create more jobs than they eliminate.
- 67% say climate change is
hurting their income or livelihood.
- 50% think they might have to
relocate to another region or country due to climate impacts, a figure
that rises to 64% among those under 30.
- 73% acknowledge that human
activities are the main cause of climate change.
- 62% want more investment in
renewable energy.
Civil
society in Argentina is actively engaged in environmental issues, and the
country’s unique characteristics also draw international attention. Local and
global civil society groups have played a role in shaping this environmental
crimes bill, whether directly through discussions or indirectly through efforts
like those of the Stop Ecocide
expert group, which defined the crime of ecocide—a concept included in the
bill.
The bill
aims to establish penalties for actions that harm the environment, impacting
ecosystems, biodiversity, and public health, which aren’t clearly defined in
Argentine law. It proposes prison sentences, disqualification for public
officials, and criminal liability for individuals and companies.
Its legal
foundations are rooted in the Regional
Agreement on Access to Information, Public Participation, and Justice in
Environmental Matters in Latin America and the Caribbean (Escazú
Agreement), adopted
in Costa Rica in March 2018 and ratified by Argentina through Law 27566, as well as Article 41 of
Argentina’s Constitution. This article states: “All inhabitants have the
right to a healthy, balanced environment suitable for human development, where
productive activities meet present needs without compromising those of future
generations; and they have the duty to preserve it. Environmental damage will
primarily require restoration, as established by law.”
The bill
organizes its provisions into chapters covering pollution, crimes against
biodiversity, crimes against wildlife, crimes against native and protected
forests, animal cruelty, crimes against genetic heritage, and ecocide.
It remains
to be seen whether this bill will become a law. Still, its introduction is a
powerful example of how democracy, political will, and civil society can come
together to open doors for addressing citizens’ concerns. Responsive
leadership, an informed public, and a strong democracy remain our best hope for
rebuilding an international system battered by crises and shortsighted
leadership.