Mauritius makes ecocide a criminal offence
The African island nation of Mauritius has criminalised ecocide, making severe environmental destruction a criminal offence under national law.
Since April, ecocide has been included in the country’s legislation through amendments linked to anti-money laundering and financial crimes measures.
The provision defines ecocide as “an unlawful or wanton act committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term environmental damage” - wording closely aligned with the definition proposed by the Independent Expert Panel convened by the Stop Ecocide Foundation in 2021.
Mauritius’ National Assembly approved the amendment to the Environmental Act on 14 April as part of a broader legal framework aimed at strengthening the country’s response to money laundering, terrorism financing and related financial crimes.
Under the law, those convicted of ecocide could face fines, up to 10 years in prison, compensation orders, environmental restoration measures and possible exclusion from public funding or permits, according to the Stop Ecocide Foundation.
Mauritius is itself vulnerable to environmental degradation, including rising sea levels and damage to marine ecosystems, which continue to affect the fishing industry in the small island developing state.
Africa’s growing role in ecocide legislation
“This is incredibly encouraging news from Mauritius and a strong signal of growing global momentum towards legal accountability for severe environmental harm,” said Patricia Willocq.
According to Stop Ecocide International, countries including the Democratic Republic of the Congo, Republic of the Congo, Burundi, Zimbabwe, Ghana and Zambia are also advancing ecocide laws through domestic legislation or international legal initiatives.
The organisation said African island states such as Mauritius, alongside Pacific nations including Vanuatu, Fiji and Samoa, are helping drive international efforts to recognise ecocide as a crime.
Attorney Valetine Mayer described the introduction of ecocide into Mauritius’ criminal code as “a turning point in environmental law and corporate accountability”.
Mayer, an associate at ENSafrica in Mauritius, said the law establishes a high threshold for environmental harm and is intended to address only the most serious forms of ecological destruction. “The definition adopted by the Environment Act establishes a high threshold for environmental harm and is designed to tackle the most severe environmental destruction, deliberately distinguishing it from smaller-scale industrial pollution or environmental damage,” Mayer said.
Examples of conduct that could potentially fall under the law include massive deforestation, large-scale industrial pollution and environmental devastation caused by unsustainable industrial practices.
Marine protection in focus
Mayer said ecocide laws could potentially apply to acts such as industrial fishing practices that drive species towards ecological collapse, widespread destruction of coral reefs, or major oil spills. One example cited was the MV Wakashio oil spill disaster in 2020, when the bulk carrier MV Wakashio ran aground off Mauritius and leaked more than 1 000 tonnes of fuel into the ocean, causing extensive environmental damage.
The disaster became one of the country’s worst ecological crises, although only the captain and first officer of the vessel were prosecuted.
Mayer said one of the most significant aspects of the legislation is the move away from corporate impunity towards personal criminal liability for senior decision-makers, including executives, investors and public officials.
Those convicted could face prison sentences of up to 10 years, alongside potentially substantial fines determined by the severity of the environmental damage, financial benefit gained and the offender’s financial capacity.
Additional penalties may include obligations to restore damaged environments, compensation payments where damage is irreversible, withdrawal of permits and exclusion from public funding.
Mayer said the legislation’s greatest strength may lie in its deterrent effect. “One of the key strengths of the introduction of the crime of ecocide is its potential to act as a preventive deterrent and hopefully force a shift towards sustainable practices and developments,” Mayer wrote in the Mauritian newspaper L’Express.
However, Mayer warned that passing the law was only the first step, saying enforcement would present the greatest challenge. “It will require considerable policy strategy, standard-setting, funding, training, staffing, technological investment, political will and institutional capacity to establish a legal framework for ecocide.”
She added that successful environmental prosecutions remain difficult, particularly in cases involving complex ecological damage and corporate accountability.
