In the face of escalating environmental degradation and the climate crisis, the concept of Ecocide, a term that describes the extensive destruction of ecosystems, has emerged as a critical concern. As we witness the increasing frequency of environmental catastrophes that threaten the delicate balance of our planet, it is imperative to reassess our legal and moral frameworks to address these pressing issues. Historically, legal systems have treated crimes against the environment as secondary concerns compared to violent crimes against individuals. However, the scale and impact of the current ecological destruction demand a fundamental shift in our legal approach.

This proposal advocates for the establishment of ecocide as a crime on par with murder, recognizing its profound and irreversible effects on both the environment and human life. By elevating ecocide to this level of severity, we not only acknowledge the intrinsic value of ecosystems but also underscore the interconnectedness of environmental health and human well-being. This approach is not merely about legal reform but reflects a broader, necessary evolution in how we value and protect our planet. By equating ecocide with murder, we affirm that the deliberate or negligent destruction of the environment is not just a criminal act but a profound moral transgression with far-reaching consequences.

In this proposal, we will explore the rationale for this paradigm shift, examine the implications of defining ecocide as a grave crime, and propose actionable steps to embed this concept into our legal systems, thereby fostering a more sustainable and equitable future for all.

As media houses with a long-standing commitment to environmental protection, CCCFS has decided to present this proposal for your review. We seek your endorsement to strengthen its impact and success. Your support would greatly enhance the proposal’s effectiveness and reach.

About CCCFS:

The Centre for Climate Change and Food Security (CCCFS) is an independent, non-governmental policy research institution based in Ghana, established in 2015. Over nearly a decade, CCCFS has played a crucial role in shaping policies and raising public awareness on issues such as pollution mitigation, public health security, food security, agriculture and agribusiness, community-based development, climate change adaptation and mitigation, natural resource management, and livelihood security, aiming to foster sustainable and inclusive growth.

CCCFS is composed of experts from various fields, including climate science, agriculture, environmental conservation, health, food security, economics, data analysis, and nutrition, among others. Our activities are sponsored by in-kind contributions from team members, ensuring our independence and commitment to serving the public interest.

The Proposal:

We propose that the Ghana Parliament consider establishing ecocide as a heinous crime under Ghanaian law. Ecocide refers to the deliberate destruction of the natural environment, causing harm to ecosystems, biodiversity, and human well-being.

Reasons for establishing ecocide as a heinous crime on par with murder:

1. Environmental Degradation: Ghana is facing significant environmental challenges, including deforestation, pollution, and climate change. Ecocide exacerbates these issues, leading to a loss of biodiversity, soil degradation, and water pollution, ultimately affecting human health and livelihoods. For example, the destruction of the Achimota Forest, one of Ghana’s last remaining primary forests, has severe consequences for the environment and local communities.
2. Food Security: Ghana’s food security is closely tied to the health of its ecosystems. Ecocide threatens agricultural productivity, fisheries, and livestock, compromising the country’s ability to feed its population. The 2019 floods in the Upper East Region, caused by environmental degradation, resulted in significant crop losses and food insecurity.

3. Climate Change: Ecocide contributes to climate change by releasing stored carbon into the atmosphere and destroying natural carbon sinks. Ghana is already experiencing the impacts of climate change, including rising temperatures, changing rainfall patterns, and an increased frequency of extreme weather events. The 2020 drought in the northern regions, exacerbated by environmental degradation, highlights the urgent need for action.
4. Human Rights: Ecocide violates human rights, particularly the right to a healthy environment, clean air and water, and sustainable development. It disproportionately affects vulnerable populations, including indigenous communities, women, and children. The pollution of the Tarkwa River, caused by illegal mining activities, has severe impacts on the health and livelihoods of local communities.
5. Economic Consequences: Ecocide has severe economic implications, including loss of ecosystem services, decreased tourism revenue, and increased healthcare costs. In Ghana, ecocide can undermine the country’s economic development and poverty reduction efforts. The destruction of the Kakum National Park, a major tourist destination, would have significant economic consequences for the local economy.

Examples of Ecocide in Ghana:

1. The destruction of the Achimota Forest for urban development
2. The destruction Atewa Forest Reserve by illegal mining activities
3. The pollution of the Tarkwa River by illegal mining activities
4. The pollution and destruction of River Birim
5. The degradation of the Kakum National Park due to logging and poaching
6. The destruction of wetlands and water bodies for agricultural expansion
7. The destruction of Offin Shelterbelt forest reserve
8. The destruction of Tarkwa Forest Reserve
9. The destruction of Pra Suhien Forest Reserve
10. The destruction of Ajenjua Bepo Forest Reserve

11. The destruction of Subri River Forest Reserve
12. The destruction of Draw River Forest Reserve
13. The destruction of Sui River Forest Reserve
14. The destruction of Bia National Park
15. The destruction of Goaso Forest Reserve
16. The destruction of Ankasa Conservation Area

Examples of ecocide in other parts of the world:

1. The Exxon Valdez oil spill in Alaska (1989): One of the most devastating environmental disasters in history, causing widespread damage to marine life and ecosystems.
2. The Chernobyl nuclear disaster in Ukraine (1986): A catastrophic explosion that released radioactive materials into the environment, contaminating large areas and affecting millions of people.
3. The deforestation of the Amazon rainforest: Ongoing destruction of the world’s largest tropical rainforest, leading to loss of biodiversity, indigenous communities, and increased greenhouse gas emissions.
4. The Great Pacific Garbage Patch: A massive collection of plastic debris in the Pacific Ocean, harming marine life and ecosystems.

How ecocide laws have helped protect the environment:

• In 2019, the International Criminal Court (ICC) recognized ecocide as a crime, paving the way for international cooperation to prevent and punish environmental destruction.
• The European Union has established a framework for environmental crime, including ecocide, and has implemented measures to prevent and prosecute environmental offenses.
• In 2020, the Pope declared ecocide a sin, raising awareness about the moral implications of environmental destruction.

 

 Religious bodies’ stance on ecocide:

1. Islam: The Quran emphasizes the importance of protecting the environment and conserving natural resources. Islamic scholars have declared ecocide a violation of Islamic principles and a threat to human well-being (Quran 7:56; 7:31; 30:41).
2. Christianity: The Bible teaches stewardship of the earth and responsibility to protect creation. At creation mankind was instructed to take care of the earth. Christian leaders have spoken out against ecocide, emphasizing the moral obligation to care for the environment (Genesis 1:28; Psalm 24:1).
3. Hinduism: The concept of “ahimsa” (non-violence) extends to the natural world, emphasizing the importance of living in harmony with the environment.
4. Buddhism: The principles of interconnectedness and compassion extend to the natural world, emphasizing the importance of protecting the environment and conserving resources.
5. Traditional Belief: Many cultures have ethical guidelines that dictate how natural resources should be used and protected. For instance, there are often norms and rituals that promote sustainable practices and respect for the environment, reinforcing the idea that harming nature is not only a physical but also a moral transgression.

Quotes from some religious leaders:

1. “The Lord God took the man and put him in the Garden of Eden to work it and take care of it.” – Genesis 2:15 (Christianity)
2. “Do not waste, for wasting is a sign of disbelief.” – Prophet Muhammad (Islam)
3. “The earth has enough for everyone’s need, but not enough for everyone’s greed.” – Mahatma Gandhi (Hinduism)
4. “The universe is not outside of us. It is within us. We are all interconnected.” – Buddhist proverb
5. “The frog does not drink up the pond in which it lives.”– This saying, common in various African cultures, signifies the importance of not depleting or harming one’s environment, underscoring the need for sustainable use of natural resources.

Quotes from some Ghanaian Traditional Leaders:

1. “If we destroy our forests, we destroy our future. The Atewa Forest is a gift from God, and it is our responsibility to protect it for ourselves and the generations to come.”– Osagyefo Amoatia Ofori Panin (Okyenhene)
2. “The destruction of our forests and water bodies will not only deprive future generations of their natural heritage, but it will also bring untold hardship upon us today. We must protect our environment as it is the bedrock of our existence.”– Otumfuo Osei Tutu II (Asantehene)
3. “We cannot stand by while our seas, rivers, and forests are destroyed. We are custodians of these resources for our children and grandchildren. It is our duty to protect them.”– Nana Kwesi Agyemang IX (Paramount Chief of Lower Dixcove
4. “Our ancestors left us with these lands and waters in good condition. It is a betrayal of their trust and a curse on future generations to destroy them for short-term gains.”– Nana Kobina Nketsia V (Omanhene of Essikado Traditional Area)

 

Countries with ecocide laws

At most, 16 countries across the world have ecocide laws that punish destruction of the environment. These countries include Ecuador, Vietnam, Uzbekistan, France, Russia, Kazakhstan, Kyrgyz Republic, Tajikistan, Georgia, Belarus, Ukraine, Moldova, Armenia, Chile, Belgium, and European Parliament.

For instance, in the republic of Tajikistan, mass destruction of flora and fauna, poisoning the atmosphere or water resources, as well as commitment of other actions which may cause ecological disasters is punishable by imprisonment for a period of 15 to 20 years.

There are seven other countries that have proposed ecocide laws which include Mexico, The Netherlands, Italy, Scotland, United Kingdom, Brazil, and Spain

Ecocide prevention and punishment act of Ghana

We propose that the Ghana parliament:

Part 1: Offenses and Punishments

1. Ecocide: Intentional destruction or damage to the environment, ecosystems, or natural resources.

Punishment: Life imprisonment (minimum 20 years) and/or fines up to GHC 10 million.

2. Aggravated ecocide: Ecocide resulting in loss of human life, widespread harm, or irreversible damage.

    Punishment: Death penalty or life imprisonment (minimum 25 years) and/or fines up to GHC 20 million.

3. Environmental terrorism: Using ecocide as a means to intimidate or coerce the government, organizations, or individuals.

Punishment: Life imprisonment (minimum 25 years) and/or fines up to GHC 30 million.

4. Environmental negligence: Failure to prevent or mitigate environmental harm despite knowledge of potential consequences.

Punishment: 10-20 years imprisonment and/or fines up to GHC 5 million.

5. Environmental corruption: Bribery, extortion, or abuse of power related to environmental regulations or policies.

    Punishment: 10-20 years imprisonment and/or fines up to GHC 10 million.

Part 2: Environmental protection measures

1. Mandatory Environmental Impact Assessments (EIA) for all development projects.
2. Strict regulations on pollution, deforestation, and wildlife trafficking.
3. Creation of a national environmental crime database.
4. Public education and awareness campaigns on environmental conservation.

Part 3: Institutional Framework

1. Establishment of an environmental crime court (ECC).
2. Appointment of environmental crime prosecutors (ECP).
3. Inter-agency collaboration and information sharing.

Part 4: Community Engagement

1. Community-based environmental monitoring and reporting.
2. Public participation in environmental decision-making processes.

3. Support for community-led environmental conservation initiatives.

Part 5: Rehabilitation and Restoration

1. Mandatory restoration of damaged environments.
2. Compensation for affected communities.
3. Investment in environmental research and development.

Part 6: Review and amendment

1. Regular review of the Act to ensure effectiveness.
2. Amendment process to incorporate new environmental concerns and technologies.

Serious punishment for offenders:

1. Fines: Up to GHC 30 million.
2. Imprisonment: Life imprisonment (minimum 20 years) or death penalty.
3. Restitution: Compensation for environmental damage and harm to affected communities.
4. Community Service: Mandatory environmental conservation work.
5. Blacklisting: Prohibition from public office, business, or professional practice.

Implementation Timeline:

1. Passage of the Act: Within 12 months.
2. Establishment of institutions and frameworks: Within 24 months.
3. Full implementation: Within 36 months.

  

Conclusion

This proposal aims to prevent and punish ecocide, protect the environment, and promote sustainable development in Ghana.

We urge the Ghana Parliament to take decisive action to prevent and punish ecocide, ensuring a safer, more sustainable future for generations to come.

Thank you

Dr Alexander Nti Kani (AMIEnvSc)

Deputy Director of Research

(Environment & Climate Economics)

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