The illegal trafficking of wildlife has ceased to be a marginal crime to become part of the machinery of transnational organized crime, linked to drug trafficking and other illegal economies. Between 2017 and 2022, 1,945 cases of illegal capture and hunting were documented in Latin America, with severe impacts on biodiversity.
Networks operating in Argentina, Bolivia, Ecuador, Peru, and Colombia hunt jaguars and pumas for the market of fangs and skins, in addition to capturing live frogs and turtles. Companies like Caza & Safari are under investigation for offering hunts of protected species, normalizing violence against wildlife.
Impacts on ecosystems and communities
In the Ecuadorian Amazon, illegal hunting intertwines with extractive activities and criminal networks, affecting indigenous peoples and local communities. In Galápagos, one of the most important marine sanctuaries on the planet, shark fin exports to Asia tripled in 2021, reaching 223 tons.
Illegal trade destroys ecosystems and threatens endemic species. In marine areas, legal loopholes allow the laundering of shark and pelagic catches under the guise of incidental fishing. Protection is limited to reserves like Galápagos, but outside them, the survival of these species is drastically reduced.
International tools
Illegal trafficking exploits routes and corruption networks, reaching industrial scale in the South Pacific. To confront it, innovative legal responses are required. The BBNJ Agreement (Marine Biodiversity in Areas Beyond National Jurisdiction), ratified by 83 countries, offers mechanisms such as:
- Creation of marine protected areas in international waters.
- Mandatory environmental impact assessments.
- Protection of migratory and vulnerable species.
Ecuador demonstrated that it is possible to take criminal action: the capture of the Chinese vessel Fu Yuan Yu Leng within the Galápagos Marine Reserve opened the door to ship inspections in the Exclusive Economic Zone, showing that political will can ensure effective protection.
Nature as a subject of rights
The Ecuadorian Constitution recognizes nature as a subject of rights, which, together with the BBNJ and instruments like the Convention on the Law of the Sea (Convemar) and the New York Agreement on transboundary fish stocks, strengthens international cooperation.
The New York Agreement expands the possibilities of control beyond national borders, reinforcing the inspection and protection of highly migratory species. However, political and economic limits persist, hindering the full application of these tools.
Ecological nationality: a new paradigm
The idea of an ecological nationality emerges, recognizing endemic, transboundary, or migratory species as objects of reinforced protection by the States that assume their conservation. This would allow for stronger diplomatic and criminal actions against trafficking, even outside national territory.
Defending jaguars, turtles, and sharks as “nationals” implies rethinking sovereignty: not only as control of territory but as the real capacity to safeguard natural life. Against global criminal networks, the response must be an international law of nature, which claims the universality of the rights of ecosystems and species.
The fight against wildlife trafficking requires cooperation beyond borders. The recognition of nature as a subject of rights and the application of international agreements like the BBNJ and the New York Agreement offer a framework to confront this global threat. The defense of jaguars, turtles, and sharks is also the defense of ecological sovereignty and the common heritage of humanity.
By Irene Torres, Milton Castillo/Latinoamérica21
